Revolutionary War Pension and Bounty Land Warrant Application File S.17,099, for Benjamin Smith, Connecticut
Page 1

(3-1776)

SERVICE
Conn.

Smith, Benjamin

NUMBER
S17,099

carded

CONTENTS
b. Apr. 20, 1747 (O.S.) in Greenfield Parish, Fairfield, Fairfield, Co. [Conn.]
Fairfield, Conn. always up to 1833
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28057
Connecticut

Benjamin Smith of Fairfield in the State of Conn who was a private in the Com commanded by Captain Binney of the ---- commanded by ----- in the con line for troops 9 mos.

Inscribed on the Roll if Con at the rate of 30 Dollars ---- Cents per annum, to commence on the 4th day of March, 1831.

Certificate of Pension issued the 1st day of Feby 1834 and sent Hon G Tomlinson, Senate US

Arrears to the 4th of Sept 1836  75
Semi-annl. allowance ending Mar 6 74 15
                                                      ---------------
                                                      #90

{Revolutionary Claim, Act June 7, 1832}

Recorded by E D Bullock Clerk,
Book E2, Vol. 3, Page 39
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26550
Benjamin Smith
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State of Connecticut
County of Fairfield} ss. District of Fairfield June the 11th 1833

On this 11th day of June 1833 personally appeared in open Court before the Court of Probate for the district aforesaid now sitting, Benjamin Smith a resident of the said district and state aged eighty six years, who being first duly sworn according to law, doth on his oath make the following declaration in order to obtain the benefits of the act of Congress passed June 7th 1832, that he entered the service of the United States. The declarant says that sometime in the month of April or May 1775 he entered or was drafted he does not now certainly recollect which for six months under Ebenezer Hill of Fairfield as Capt to go to Boston in the State of Massachusetts then in possession of the militia under General Gage, but a part of the troops remained for the purpose of being sent to Boston were ordered to New York to fortify and defend that City as a [unk] plan of attack, among the latter of when the applicant says he was one and that he went to New York under Capt Jonathan Dimen of Fairfield and served out the six months as a drummer, when he was discharged, but had no written discharge. There Troops were [unk]. The applicant also says that in the spring of the year 1776 according to the best of his recollection, he with a number of other volunteers under Capt Jonathan Dimen of Fairfield to go to New Town in the County of Fairfield to disarm Ferries who were numerous in this place and extremely hostile to whigism and the course of their Country, and he says they did disarm them and brought away their arms, he was on this Tour of duty one week. In the latter part of the month of July 1776 according to the best of his recollection, the declarant says he with the militia company to which he belonged were ordered to New York under the command of Capt George Burr of Fairfield, New York was at this time threatened by a British force under
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Admiral Lord Howe and General Hiram Howe. George Washington
commanded the Americans and General Putnam from Connecticut
was also there. He thinks the company to which he belonged was
ordered out for an definite term of time but for the emergency.
and the declarant says that he did duty as a drummer
three months when he and the Company to which he
belonged which was after the surrender of New York & the enemy
[illegible], they had no written discharges. This was 
militia duty - The declarant also says that in the
month of October 1777 according to the best of his recollection
he and the militia company to which he belonged under the
command of Capt George Burr of Fairfield were ordered
up the Hudson River in the State of New York to aid in
repelling an incursion of the British up that river under 
General Vaughan he says he went the Company
as drummer to Fish Kill and Red Bank, he was in
this Tour of duty two months when the company
returned home and were dismissed. - This was militia
service. The applicant further says that in 1778 he was
drafted for two months to serve in Guard on the sea coast
in the town of Fairfield. according to the best of his recollection 
it was in the month of may that he was drafted.  For he
remembers perfectly well that in consequence of his
absence his corn was not hoed that year. He was an
Ensigns guard and was commanded by Chauncey [illegible]
of Fairfield who was their Ensign. He served two months
as Drummer when he was discharged, but had no
written discharge. the guard he thinks were state troops 
raised by the authority and supported at the expense of the
state of Connecticut. The declarant also says that he
again drafted for two months to serve in Guard in
Fairfield on the sea coast of long Island Sound in the
year 1779 - according to the best of his revolution
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was in the month of may and peace of that year that he served - 
the guard was an Ensigns guard and was as he believes
commanded by Ensign Chauncey Dunn of Fairfield a man
extremely attached to the military service. He says he
served two months and was discharged but he remembers
to have had no written discharge. The guard were as
he believes State troops - and during the whole course
of the revolutionary War the declarant says he always held
himself in readiness when not engaged in the actual service
of his County to meet and repel any predatory incursions
or more serious invasions of the enemy and particularly
in the spring of 1777 he says that he was four days in
pursuing and skirmishing with the Enemy when they went
Danbury and burnt it. And he also says that in July
1779 when Fairfield and Norwalk in Connecticut
were burnt by the British. he was one week
in pursuing and fighting them, and was one
of two Americans who at this time took one of the
British prisoner. - He is acquainted with
Joseph Bulkley Nathan Malley Benjamin Burks
and the Hon Gideon Tomlinson who can testify
respecting his revolutionary services and character
And the applicant further says that he was born in the Parish
of Greenfield being in the Town of Fairfield the 20th day of April 1747 as stated
he says that there was a record of his age in the family Bible
kept by his father but that upon the distribution of his Fathers
estate his Brother Joseph took the Bible and he has not seen it since 
the says he lived in the Town of Fairfield when called into the
service of the County in the times of the Revolution and that he
has always resided there. - And he further says that the enclosed
he has [illegible] so far as he knows is the best evidence he has in his power - 
the duty in all cases mentioned was continuous as the sole  business for this time 
Benj,n Smith
Sworn and subscribed on 
Day and year aforesaid
before David Hill Judge of
the Court probate for the
District aforesaid
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State of Connecticut Ss District of Fairfield June the 12th 1838
I Nathaniel Foreman a Clergyman at present residing in the district
and State aforesaid do hereby certify that I am well acquainted with
Benjamin Smith who has subscribed and sworn to the preceding
declaration that I believe him to be eighty six years age, that
he is reputed and believed in the Neighborhood when he resides to have
been a soldier of the revolution and that I concur in the same opinion
Nathl Freeman
Sworn and subscribed on the day &
year aforesaid before
Daniel Hill Judge of Probate
for the district aforesaid

State of Connecticut Ss District of Fairfield June the 12th 1833
I Walter Bradley a resident of the district and State aforesaid
do hereby certify that I am well acquainted with Benjamin Smith who 
has subscribed and sworn to the foregoing declaration that I believe him
to be eighty six years of age that he is reputed and believe in the
Neighborhood where he resides to have been a soldier of the revolution &
that I concur in that opinion
Walter Bradley
sworn and subscribed on the day & year
said before David Hill  Judge
of probate for the district aforesaid

And the said Court hereby declare its opinion after the investigation
of the matter and after putting the interrogatories prescribed by the
War department that the above named applicant was a revolutionary
Soldier and served as he states. And the said Court further
certifies that Nathaniel Freeman who has signed the preceding
certificate is a Clergyman at present a resident of said district
of Fairfield and that Walter Bradley who has signed one of the
preceding certificates is also a resident of the said district and
that both of them are credible persons and that their statement
is entitled to full credit
David Hill Judge of Probate

I David Hill Jr Clerk of the Court of Probate for the district and
aforesaid do hereby certify that the forgoing contains the original
proceedings of the said Court in the matter of the application of
Benjamin Smith for a pension. In testimony whereof I have hereunto 
set my hand and the seal of Office this 12th day of June 1833
David Hill Jr Clerk
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State of Connecticut District of Fairfield June the 3
AD 1833. I Joseph Bulkley at present residing
in the town of Fairfield and State of Connecticut
aged Seventy three years and being duly sworn
according to Law do depose and my that I am
well acquainted with Benjamin Smith of said Fairfield 
and know that the said Smith served as a Drummer
in the militia Company to which I belonged in
New York in 1776 under Capt
George Burr of  Fairfield, but how long he served
I do not now recollect
Joseph Bulkley
Sworn to & subscribed on the day
and year aforesaid before
David Hill Judge of Probate
for the district aforesaid

State of Connecticut ss District of Fairfield June the 7th 1833
I Thomas Perry of the district and State aforesaid aged Seventy
six years, being duly sworn according to law do depose and say
that I am well acquainted with Benjamin Smith & saw {illegible]
having him in his immediate neighborhood ever since I was
fifteen years of age and know that he went as a drummer
to New York with the militia in the summer of 1776 and
he was in the Company to which I belonged and which was
commanded when in New York by Capt George Burr of Fairfield
but how long said Smith served I do not recollect -
Thomas Perry

Subscribed Sworn to on the day and year
aforesaid before David Hill Judge
of Probate for the district aforesaid
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State of Connecticut Ss. District of Fairfield June the 7th 1833
I Nathan Bradley of the District and State aforesaid aged eighty five years being duly sworn according to Law, do depose and say that I am well acquainted with Benjamin Smith of said district and state having always lived in his immediate neighbohood and believe him to be eighty six years of age. That he is reputed and believed in the neighborhood where he resides to have been a soldier of the revolution and I can concur in the same opinion. And I also swear and testify that the said Smith went as a [illegible] to New York in the summer of 1776 in the same militia company to which I belonged and with which I went, commanded by Capt. George Burr of Fairfield and that he was there when it was given up to the enemy but how long he served I do not now recollect.
Nathan Bradley

Sworn to & subscribed on the day & year aforesaid
before David Hill [illegible] Probate for the district aforesaid.

State of Connecticut Ss. District of Fairfield June the 8th 1833.
I Nathan Bradley hereby certify in addition to what I certified in my other deposition that Benjamin Smith of Fairfield went in the company to which I belonged in October of 1777 to Fish Kill in the State of New York.
Nathan Bradley

Sworn to and subscribed on the day & year aforesaid before David Hill Judge of Probate for the district aforesaid.
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State of Connecticut Ss. District of Fairfield June the 8th 1833
I Benjamin Banks of the district and state aforesaid aged eighty six years being duly sworn according to Law, do depose and say that I am well acquainted with Benjamin Smith of said district and state having always lived in his immediate neighborhood and believe him to be about eighty six years of age and know that he with myself and others volunteered early in the spring of 1776 and went to New Town in the county of Fairfield under Capt. Jonathan Dimen of Fairfield who was afterwards Colonel to disarm the Tories who then threatened mischief to their county. We were on this tour of duty one week. Sometime in the Spring of 1775 said Smith with myself and others enlisted under Ebenezer Hill of Fairfield to go to Boston in the state of Massachusetts then in possession of the British but instead of going to Boston a part of those who enlisted among whom was Benjamin Smith and myself were ordered to New York under Capt. Jonathan Dimen of Fairfield where we staid & did duty during part of the spring. The summer [illegible] fall of that year for the time of six months we were discharged but had no written discharge. Smith served as a drummer, we were paid by the state of Connecticut. In July of 1776 according to the best of my recollection the militia company to which I belonged were [illegible] to New York. Benjamin Smith went as a drummer. We staid there three months this year. I was in the company with Smith & we were discharged but had no written discharge.
Benjamin Banks
Sworn to and subscribed on the day and year aforesaid before David Hill Judge of Probate for the district aforesaid
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State of Connecticut Ss District of Fairfield June the 11th 1833
I Edward Freman of the district and state aforesaid aged seventy one years, being duly sworn according to law, do testify and say that I am well acquainted with Benjamin Smith of said District and know that he served as drummer in a company of guards stationed in Fairfield in the coast of Long Island Sound. and commanded by Ensign Chauncy Denn of Fairfield, in the line of the Revolutionary War. The particular year I do no now certainly recollect, but it was before Fairfield was burnt in 1779 and the length of time he served I do not know but I know he was there and served as stated above. For I was there, and saw him there several times. & I bought a drum of him at that time.
Edward Freman X his mark

Day & year aforesaid before David Hill Judge of Probate for the district aforesaid.

State of Connecticut Ss. District of Fairfield June the 12th 1833
I David Hill Judge of the Court of Probate for the District aforesaid do hereby certify that Joseph Bulkley, Thomas Perry, Nathan Bradley, Benjamin Banks & Edward Freman the persons who have subscribed and sworn to the immediately preceding depositions are men of truth and that their testimony is entitled to credit.
David Hill Judge of Probate for the District aforesaid.

State of Connecticut Ss. District of Fairfield June the 12th 1833
I David Hill Jun. Clerk of the Court of Probate for the District aforesaid do hereby certify that David Hill who has signed the preceding certificate and before whom the foregoing depositions were taken is Judge of Probate for the District of Fairfield in the state of Connecticut and the several foregoing signatures of his name are his genuine signatures. In testimony whereof I have hereunto set my hand and the seal of office.
David Hill Jr Clerk
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State of Connecticut
County of Fairfield} Ss. District of Fairfield June the 18, 1833
On this 18 day of June 1833 personally appeared in open court before the Court of Probate for the district aforesaid now sitting Benjamin Smith a resident of the said district and state aged eighty six years who being duly sworn according to Law doth on his oath make the following declaration in addition to the declaration he made the 11th day of June 1833 and to obtain the benefit of the act of Congress passed June 7th 1832. The declarant says that the certificate of relinquishment made necessary to be inserted in the declaration by the War Department having through mistake been omited in his first declaration. He now declares and says that he hereby relinquishes every claim whatever to a pension or annuity except the present, and that his name is not on the pension roll of the agency of any state.
Benjamin Smith
Sworn to and subscribed the day and year aforesaid. Before David Hill Judge of the Court of Probate for the district aforesaid.

And the said Court hereby declares its opinion after an investigation of the matter that the facts stated in the foregoing declaration are true and also that Benjamin Smith who has subscribed and sworn to the preceding declaration is the same person who subscribed and swore to the first declaration in this collection of papers.
David Hill Judge of Probate for the district aforesaid.

I David Hill Jun Clerk of the Court of Probate for the district of Fairfield aforesaid do hereby certify that the foregoing contains a part of the proceedings of the said Court in the matter of the application of Benjamin Smith for a pension. In testimony whereof I have hereunto set my hand and the seal of office this 18th day of June AD 1833.
David Hill Jr Clerk
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at Danbury
17099

INVALID.
no. 17,099
Benjamin Smith
Pri. Rev War

Act: June 7 32
Index: - Vol. 1, Page 349
(Arrangement of 1870.)
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Jun 23/93 Hist to Mrs Chas L. Rockwell c/o 1st [illegible] Bank Meriden Conn. MEL
Page 15

Feb 1 1834
[stamped]
U. S. PENSION OFFICE
O
NOV 16 1895

[stamped]
OLD WAR & NAVY FILES
NOV 19 1895
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mw

REVOLUTIONARY SERVICE.
O. W. & N. DIV.
MEMORANDA

Please Supply as much as possible of the data called for below.

Full name of soldier:
Benjamin Smith

Place of residence before service:
(Town, county, and State, if possible.)
Ridgefield, Fairfield Co. Conn.

Place of residence after service:
(Town, county, and State, if possible.)
Ridgefield, Fairfield Co. Conn

Date of death (as near as possible):
_________

Christian name of widow:
Hannah

Did either he or his widow receive a pension?
__________

Remarks:
______________

Your name and address:
Mrs. Chas. Lee Rockwell
c/o 1st National Bank
Meriden, Connecticut
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Connecticut
Revo.
act 7 June 1832
Benjamin Smith
Suspended

Letter to Hon. G. Tomlinson 5 Nov. 1833
Page 18

Benjamin Smith

Suspended

admitted at request of Mr. Tomlinson for
9 mos private
$30

Hon. G. Tomlinson
Senate US
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WAR DEPARTMENT,
  Pension Office,
    Sept 20th 1833
Sir:
 The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned.  The following is a statement of your case in a tabular form.  On comparing these papers with the following rules and the subjoined notes, you will readily [illegible] that objections exist, which must be removed, before a pension can be allowed.  The notes and the regulations will show what is necefsary to be done.  Those points to which you attention is more particularly directed, you will find marked in the margin with a brace, (thus: } ). You will, when you return your papers to this Department, send this printed letter with them; and you will, by compling with this request greatly facilitate the investigation of your claim.

A STATEMENT, showing the service of   Benjamin Smithe
[document]Period with the service was rendered.
Duration of the claimant's service. Years. Months. Days. 
Rank of the claimant.
Name and rank of the fleid officere[as printed] under whom [illegible] served.
Age at present, and place of abode when he entered the service. 
Proof by which the declaration is supported.
[document empty]
I am respectfully,
Your obedient servant, 
 J. L. EDWARDS,
Commissioner of Pensions
[illegible handwriting]
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2 REGULATIONS UNDER THE ACT OF JUNE 7, 1832. The following regulations have been adopted: This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army, and to include under the terms "Continental Line," "State troops," "militia," and "volunteers," all persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, &c. Teamsters, Boatmen, &c. Persons who served on board of Private Armed Vessels are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service. Four general classes of cases are embraced in this law: 1. The Regular Troops. 2. The State Troops, Militia, and Volunteers. 3. Persons employed in the Naval service. 4. Indian Spies. As rolls of the regular troops in the Revolutionary War exist in this Department, all persons, claiming the benefit of this law as officers, non-commissioned officers, musicians or privates, will in the first instance , make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides. And every Court having by law a seal and Clerk is considered a Court of Record. DECLARATION. In order to obtain the benefit of the Act of Congress of the 7th of June, 1832. State, Territory District of County of On this ---day of --- personally appeared (a) before ----- A. B. a resident (b) of ----- in the county of ---- and State, Territory or District of ----- aged (c) --- years, who being first duly sworn, according to law, doth on his oath make the following declaration, in order to obtain the benefit of the pension made by the act of Congress, passed June 7th, 1832. That he enlisted in the Army of the United States in the year (d) ----, with ---- and served in the ---- (e) regiment of the ---- line, under the following named officers (Here set forth the names and rank of the Field and Company Officers; the time he left the service; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers;) the town or county and State in which he resided when he enered the service; the battles, if any, in which he was engaged, and the country through which he marched. This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.] He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of Sworn to and subscribed the day and year aforesaid. [And then will follow the certificate of the Court.] And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states. I -------------------- of the Court of ----------------------------- do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of --------------- for a pension. In testimony whereof I have hereunto set my hand and seal of office (i) this ------- day of ------------------ & c. If, on examination of the proper record the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out. Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz: (k) We, A. B., a Clergyman, residing in the ------------- and C. D. residing in (the same) hereby certify, that we are well acquainted with ---------------- , who has subscribed and sworn to the above declaration; that we believe him to be -------- years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion. Sworn and subscribed the day and year aforesaid. [And then will follow the certificate of the Court.] And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that A.B. ------ who has signed the preceding certificate is a clergyman, resident in the and that C.D., who has also signed the same is a resident in the ------- and is a credible person, and that their statement is entitled to credit. I, -----------Clerk of the Court of ---------------- do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of for a pension. In testimony whereof, I have hereunto set my hand and seal of office, this --- of ---- & c. Every applicant will produce the best proof in his power. This is the original discharge or commission ; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction. If such surviving witness cannot be found, the applicant will so state in his declaration (l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his alleged service, as they are known at the Department. A very full account of the services of each person
[handwritten]
The General & field officers  under whom the claimant served in
1775 should be stated. The service stated is [illegible] 
of New York while the every were in possession of Boston. [illegible]
accounts, a certificate from whom of claimant's service in Capt Simons
Page 21

3 
will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted ; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County, in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case. The Court will propound the following (m) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia. 1. Where and in what year were you born? 2. Have you any record of your age, and if so, where is it? 3. Where were you living when called into service; where have you lived since the Revolutionary war , and where do you now live? 4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom? 5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services. 6. To a Soldier Did you ever receive a discharge from the service, and if so, by whom was it given and what has become of it? To an Officer. Did you ever receive a commission, and if so, by whom was it signed, and what has become of it? 7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution. The Court will see that he answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant. The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons--one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion. If one of these persons is a Clergyman, the Court will so certify, and they will also certify, to the character and standing of other persons, giving such certificates. The traditionary evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party. And the Courts are requested to be very particular in the enquiry whether the belief is general, and whether any doubts have ever existed upon the subject. Applicants unable to appear in Court by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court. Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature. No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure , taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter. {a] the declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rules laid down for his guidance [b] The declarant must make his declaration in the county were he resides. If he should fail to do so he must assign a sufficient reason for not conforming to the rule. [c] The age of the claimant must invariably be mentioned. [d] the declarant must mention the period or periods of the war when he served [e] Every Continental officer or soldier must give the name of the colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had. Every clamant must state, with precision, the length of his service, and the different grades in which he served, in language so definite as to enable the Department to determine to what amount of pension he is entitled. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words: Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly worn, deposes and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service; but, according to the best of his recollection, he served not less than the persons mentioned below, and in the following grades: For --- years ---- months, and -----days, I served as a . For months and days, I served as a ----- for ----- months ----days, I served as a ----- and for such service I claim a pension." it is important, in all cases, to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months, is too indefinite , and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state that they served two years in the miliia, &c. without specifying the tours, the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must, in every case, be clearly shown under what officers the applicant served; the duration of each term of engagement the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority ; that was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit, [f] The law makes the relinquishment indispensable. [g] The opinion of the Court is always required. [h] The Clerk must give his certificate in every case. [i] The Clerk must affix his seal, and if it has no device or inscription by which in can be distinguished from any other seal, or if he has no public seal of office the certificate of a Member of Congress, proving the official character and signature of the certifying officer, should accompany the papers. Mode of authenticating papers. in every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other papers authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon the ends of which must pass under the seal of office of the certifying once, so as to prevent any paper from being improperly attached to the certificate. Proof of Service. [j] in a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses who are required to set forth in their affidavits the time of the claimants entering the service and the time and manner of his leaving the same as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibly of the witnesses and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office. the notes [a] to [i] are equally applicable to the cases of militia men, volunteers, and state troops The proof required by rule in note [j] applies to continental troops only. [k] This traditionary evidence is indispensible in militia cases [l] if a witness cannot be found, the declarant must state the fact. [m] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration
[handwritten left side cut off]
as the State of Connecticut sent for if any troopsto defend the city
and there are rolls of the service in 1775 in the in of Comptroller of Public
is the best evidence