Revolutionary War Pension and Bounty Land Warrant Application File S. 18809, Maverick Eaton, Conn.
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( 2 - 1776 )
SERVICE NUMBER
Conn. Eaton, Maverick S. 18809
carded
CONTENTS
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Vermont, 18.650
Maverick Eaton
of Windham in the State of Vermont
who was a private in the Compy commanded
by Captain Keyes of the Regt commanded
by Col. McClannel the Conn. mal. 
line for 11 mo. 16 da
Inscribed on the Roll of Vermont
at the rate of 38 Dollars 42 Cents per annum
to commence on the 4th day of March, 1831.
Certificate of Pension issued the 23 day of Sepr
1833 and sent to D. S. Putnam
Saxtons River P.O. Vt
Arrears to the 4th of Sepr 33 $96.05
Semi-anl. Allowance ending 4 Mar. 34 19.21
$115.26
{Revolutionary Claim Act June 7, 1832}
Recorded by Eler Brown Clerk
Book E. Vol. 3 Page 63
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State of Vermont }
Windham County Ss }
On this [illegible] day of August one thousand eight hundred and thirty two personally appeared in open Court before the Probate Court within and for the District of Westminster, now sitting, Maverick Eaton a resident of Westminster in said Windham County and State of Vermont aged seventy seven 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 act of Congress passed June 7th 1832
That he was born in Ashford Connecticut July 29th 1755, that he entered the service of the U. States in the Connecticut militia, he believes in the month of May 1777 under Capt John R. Keyes of Ashford and Col McClannel of Woodstock in said Connecticut and Lieut Lion of Woodstock aforesaid 
The Deponent and the troops which he joined were ordered to New London in said State, where they remained he thinks, a month or more, they then crossed the river Thames into Groton to fort Griswold commanded by Col Ledyard, at which fort he believes they remained till the latter part of September They then marched to Rhode island to reinforce Gen Spencer, and were stationed at Little Compton or Tiverton island, Deponent is uncertan which, where they remained until the close of Gen Spencers Expedition, about a week after which the Deponent received his discharge, signed by Col McClannel The Deponent was a volunteer, and enlisted for the term of six month, But the Deponent was discharged about two weeks before the expiration of the said term of enlistment the discharge aforesaid the Deponent has lost
The Deponent again entered the service of
the United States at said Ashford enlisting as a volunteer under Capt Hill and the aforesaid Col McClannel in the Connecticut militia as aforesaid
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for the term of six-months, we marched to White Plains N.Y. with his regiment where they remained but a short time, when they marched to West Point here he served out the full term of the aforesaid enlistment. The Deponent believes he enlisted in the last named service in May 1779-
Deponent recollects no other officers than those above named - that he has no documentary evidence that he knows of no person whose testimony he can procure who can can testify to his services - He recollects no further particulars as respects the time of his entering or leaving the service
He hereby relinquishes every claim whatever to a pension or annuity except the present and declares that his name is not on the pension roll of any State or the agency thereof
The Deponent further mentions the following incidents. At West Point he saw Gen Washington and a body of Hessian prisoners, several brass field picey reputed to have been taken from Burgoyne. Aided in taking a great sturgeon about 3 miles below the point. Three men at said place were struck with lightning but not killed saw the place and rock which it was said Gen Putnam rolled from the mountain
Deponent has no record of his age -
He believes that Samuel Eaton & Daniel Baily neighbours here present will certify their belief of his services.
He hereby relinquishes every claim whatever to a pension or annuity except the present and declares that his name is not on the pension roll of any State
Sworn to & subscribed the day & year aforesaid
Maverick Eaton
Peter R Taft Judge
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Personally appeared in open Court Samuel Eaton a credible person and being first duly sworn on his oath deposeth and saith that he has been well acquainted with the said Maverick Eaton from his the Deponents childhood, and from childhood to the present time has often heard him mention his services in the Revolution in conversation with Dept father and otherwise Dep in relation is 2d or 3d cousin to said Eaton
Samuel Eaton
Subscribed and sworn to on the same day and year last aforesaid
Also personally appeared Amos Garnsey a credible person who being first duly sworn doth on his oath depose and say, that he is well acquanted with the said Maverick Eaton has been his neighbour and most of the time his nearest neighbour for rising forty years, and often from the first of their acquaintance to the present time has heard him mention his Revolutionary services and particularly two terms of six months and heard him mention most of the incidents mentioned in the above declaration particularly the rock business
Amos Garnsey
Subscribed and sworn to on the same day and year last aforesaid
Peter R Taft. Judge
Also personally appeared Jerry Eaton a credible person the son of the declarant and being sworn as aforesaid deposeth that he fully concurs in his own experience, in the above affadavit of Amos Garnsey, and further that from childhood, at various times, he has heard his father mention all the incidents mentioned in the above declaration and believes them all true
Jere Eaton
subscribed and sworn to on the  same day and year as last aforesaid
Peter R Taft Judge
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We R M Ely a clergyman of the same with of the said Maverick Eaton and Amos Garnsey a neighbour, credible persons hereby certify that we are well acquainted with the sd Declarant we believe him to be seventy seven years of age that he is reputed in his neighbourhood to have been a Revolutionary soldier and we concur in that opinion
Richard M. Ely
Amos Garnsey
Sworn and subscribed on the same day and year foresaid  
Peter R Taft Judge
I the subscribers neighbours of the said Maverick Eaton hereby certify that we are well acquanted with him, that we consider him a man of truth and veracity and that his affidavit on the subject of his said services may be implicitly relied on
Daniel Baley
Sworn and subscribed to on the same day and year as aforesaid
Peter R Taft Judge
And the said Court do hereby declare their opinion after the investigation of the matter and after [illegible] the interrogations 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 those Richard M. Ely was subscribed & sworn to the aforsaid certificate as a Clergyman in Rockingham and Amos Garnsey who has also signed the same is a resident in the town of Westmore and is a credible person and that the statement is entitled to credit
Peter R Taft Judge
I Asa Keyes 2d Clerk & Register of the Probate Court aforesd do hereby certify that the foregoing contains the original application of Maverick Eaton for a pension
In testimony whereof have hereunto set my hand and seal of office this 9th day of August AD 1832
Asa Keyes 2nd
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State of Vermont }
County of Windham Ss }
On this 29th day of May 1833 personally appeared before the before named Probate Court now sitting, as aforesaid at the same place aforesaid the same Maverick Eaton and being first duly sworn according to law doth on oath make the following additional declaration
That he received written discharges from under the hand of the said Col McClannel or his captain as he believes from both terms of said service aforementioned both of which discharges he has lost From one Term he is positive the discharge was from the Col
That he entered as a private in both terms of service
That he was engaged all the time in both terms as a soldier & not in any civil pursuit
That he can recollect no other officers but those mentioned in his aforesaid declaration nor any further particulars relative to the authority under which he enlisted, nor any other matters whatsoever which he deems of any importance in the investigation of his case
Maverick Eaton
Sworn & subscribed to on the same day and year last aforesaid

Peter R. Taft- Judge of Probate
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I Asa Keyes 2d Clerk and Register of the Probate Court aforesaid do hereby certify that the within and foregoing contains the original proceedings of the said Court in the matter of the application of Maverick Eaton for a pension
In testimony whereof I have hereunto set my hand and the seal of office this 29th day of May AD 1833
Asa Keyes 2nd
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Letter to
J. L. Edwards
Pension Comr
(Explanation)
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Saxtons River Rockingham Vt
June 3d 1833
J. L. Edwards Esq.
Sir Herewith is enclosed an additional declaration in the case of Maverick Eaton including everything he could recollect which might be supplied of any consequence in investigating the matter
Upon carefully examining the first declaration and comparing it with the clauses within the braces in the instructions, I have found but one requisition decidedly wanting to wit, in one term of service declarant did not mention respecting discharge
That is answered in the last together with other matter added
The answer to the 1st & 2d (so marked) clauses
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in the braces will be found in the additional declaration - Answers to third will be found mostly if not all in first declaration - The remainder will be found in the in the last
Your Obt Sert
David S Putnam Atty
for Maverick Eaton
J L Edwards Esqr
PS
Great pains have been taken to have every thing which could be collected which was supposed of any importance "added" & if this does not answer he will almost despair
Said Eatons declaration was first
enclosed & his case recomended to the
Dept by Daniel Kellogg Esq his Atty for H District
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The attention of the Dept is particularly called to the affidavits of the declarants neighbours in open court which are by me considered as verry
strong circumstantial evidence
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18809
INVALID.
File No. [illegible]
Maverick Eaton
Pri Rev War
Act: June 7th 32
Index:--Vol. 1, Page 119
[Arrangement of 1870]
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Mr Maverick Eaton
Westminster
Vt
Admit
11 mo's 16 ds
D. S. Putnam
Saxton's River.
Vt
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WAR DEPARTMENT.
Pension Office,
19 Apl 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 perceive that objections exist, which must be removed, before a pension can be allowed. the notes and the regulations will show what is necessary to be done. Those points to which your 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 complying with this request, greatly facilitate the investigation of your claim.
A Statement, shewing the service of
Period when the service was rendered.
Duration of the claimant's service Years. Months. Days,
Rank of the claimant.
Names and rank of the Field officers under whom he served.
Age at present, and place of abode when he entered the service.
Proof by which the declaration is supported.
I am, respectfully
Your obedient servant,
J. L. EDWARDS,
Commissioner of Pensions.
Mr Maverick Eaton
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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, mucicians 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, or District of }
County of } ss.
On this day of personally appeared (a) before A. B. a resident (b) of in the county of age (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 provision  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 entered 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. A. B.
[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, can 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 days 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 day 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
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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 the 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.
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 rule laid down for his guidance
The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not conforming to the rule.
The age of the claimant must invariably be mentioned
The declarant must mention the period or periods of the war when he served
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 claimant 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 sworn, deposeth 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 periods mentioned below, and in the following grades:--For---year---months, and--days, I served as a-For months and --- 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 militia, &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 place where the service was performed; that the applicant served with an embodied corps called into service by competent authority
, that he 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 it 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 paper 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 officer, 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 claimant's 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 credibility 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 from [a] to [j] are all equally application 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 indispensable 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.
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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 the 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 rule laid down for his guidance.
[b] The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not conferring to the rule.
[c] The age of the claimant must invariably be mentioned.
[d] The declarant must mention the person or persons 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 claimant 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 sworn, deposeth 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 at less in in the periods mentioned below, and in the following grades:--For---year---months, and--days, I served as a-- For-- months and --- days, I served and for such service I claim a pension."
It is Important in all 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 grades of the pensioner and the length of his service. The use of the phrase were 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 militia, &c. without specifying the hours 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 place where the service was performed; that the applicant served with an embodied corps called into service by competent authority, that he 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 it 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.
[j] 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 officer, 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 claimant's 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 credibility 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 from [a] to [g] are all 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 indispensable in militia cases.
[l] If a witness cannot be found, the declare
rant must state the fact.
[m] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.