Revolutionary War Pension and Bounty Land Warrant Application File S. 9355, for Elvin Hunt, New York
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(3 - 1776)
SERVICE New York Hunt, Elvin 
NUMBER  S.9355 
carded
CONTENTS [section empty]
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24.202 
New York 
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Elvin Hunt 
Chatauque in the State of New York
who was a Private in the Comp command by Captain Golden of the Regt. command by 
Col. Nautort of the New York line for 8 months ____ 
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Inscribed on the Roll of New York at the rate of 26 Dollars 66 Cents per annum, to commence on the 4th day of March, 1831.
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Certificate of Pension issued the 8 day of Nov.
1833 and sent to G. A Green Mayville
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Arrears to the 4th of Sep. '33 $66.66
Semi-anl. allowance ending 4 M '34 13.33
$79.99
{ Revolutionary Claim, Act June 7, 1832. }
Recorded by G.C Stiles Clerk
Book E. Vol. 4. Page 164
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16170
Elvin Hunt
Chautauqua Co. N.Y.
c.i.j
Private 8 months 
admitted 

Private 8 months admitted [written upside down in center of page] 

George A Green
Mayville N.Y.
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WAR DEPARTMENT, Pension Office, 183
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 shew [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.
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A Statement, shewing [showing] the Service of Elvin Hunt of Chautauqua co N.Y.
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[table with 9 columns and 3 rows including row of column headings] 
[column headings] Period when the service was rendered [written vertically bottom to top] | Duration of the claimant's service. Years. Months. Days | Rank of the claimant. | Names and Rank of the Company officers under whom he served. | Names and Rank of the General and Field officers. | Battles in which the applicant was engaged. | Country through which he marched. | Place of abode when he entered the service, and age at the present period. | Evidence by which the declaration is supported. | 

1776 Volunteer | at least 3 [months] | frontier spy & guard | Capt Golden | Col. McCracken |  | Fort Willis Fort Edward Stillwater | 73 Albany county, New York. | tradition & living witness | 

Drafted 1777 | no time 5 [months] |  | Capt. Whiteside | Col VanVort |  | Lake George Halfmoon Tullamills |  |  |
--------------------------------------------
 I am, respectfully, Your obedient servant,
J. L. EDWARDS, Commissioner of Pensions.
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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, 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, or District of  County of } ss.
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 provion [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 enered [entered] the service; the battles, if any, in which he was engaged, and the country through which he marched. [graphic of closed right hand with index finger pointing] 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.] [square brackets in original] 

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.] [square brackets in original] 

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.] [square brackets in original] 

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 applicacation [application] of for a pension. In testimony whereof, I have hereunto set my hand and seal 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 [word partially erased] 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 [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 Justice of the peace, the certification 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 he 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.
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[a] The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the 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 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 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 duty 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 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; 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, providing 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 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.
[graphic of closed right hand with index finger pointing] The notes from [a] to [i] 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 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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Declaration & Proofs of Elvin Hunt for A pension under act of June 7. 1832
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New York Militia [illegible and underlined]
16170 [checkmark] allowed
Russion [bottom left corner of page]
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Declaration in order to obtain the benefit of the act of Congress passed June 7, 1832

State of New York Chautauqua County } 
On the 12th day of October 1832. personally in open Court, before the Judges of the Court of Common Pleas in & for the County of Chautauqua, Elvin Hunt, a resident of the town of French Creek, in said County aged Seventy three years on the 20 day of November next was 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 7, 1832. That he entered the service of the United States under the following named officers. That in the year 1776 he resided in Schaticook [Schaghticoke] then Albany now Rensaelar [Rensselaer] County, on the [illegible] of the state, that the County was infested with Indians Tories & Reformers that throughout the whole of the Revolutionary Contest, they had almost Constantly to stand by their arms Early in the season of 1776 Declarant & the other Whig Inhabitants of the place formed themselves into a military association for their protection & the annoying of the Enemy & agreed to keep one company constantly in the field & for this purpose Every inhabitant was to arm & equip himself & do duty alternatly [alternately] a fortnight at each time, under these regulations declarant was out through the Summer & fall of 1776 about every other fortnight & marched a number of times to Fort Miller & Fort Edward & by Stillwater & French Creek to what was then called Palmerstown, and to various other places in the vicinity of Schaghticoke from which danger was apprehended. That on these expeditions Sometimes one inhabitant commanded the Company & Sometimes another Some Serving as Captain but once or twice & others several times, that he believes he was engaged in the Summer & fall of this year. at least three months. That he recollects among the Captains of the Company Capt Elias Golden & Peter Martin & that Col. McCracken Commanded the Regiment.
In the Spring of 1777 he was drafted to Serve as a militia man under Capt Whitesides, Col Van Vort's Regiment & repaired to Fort Miller & from thence to fort Edward. & thence to Lake George. tarrying at the last position & place about three weeks, & leaving Lake George they marched down the River by way of Fort Edward to Albany. They remained a few days, at Albany & then went on to Van Schaicks [Schaick's] Island
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& after arriving at that place he had permission of his Capt to return home & to return to the army [inserted] at a minutes warning & after remaining home about one week he was ordered out again & joined the army under General Gates at Half Moon Point Marching under General Gates to Stillwater & after staying there about one week was discharged in the manner of now discharging Companys of Military parade days, & returned home. & after staying two or three days, he as a militia man was ordered out, under Col. Van Vort, and marched to a place called Falls Mills Then in Albany County where General Fellows had the command, & marched with the army to Battenkill & stayed there about three weeks At this time the British forces were lying across the river [inserted] at Fish creek, under the command the command [words repeated and 2nd words crossed out] of General Burgoyne Who surrendered his forces at this time to General Gates. Declarant was then ordered by General Fellows to follow the captured army to drive a provision cart to Williamston in Vermont, after doing which declarant returned to his home without any formal discharge. declarant was out in actual Service this season for about five months That he has no documentary Evidence & that he knows of no person whose testimony he can procure who can testify to his Services Excepting [words crossed out] Paul Benson & Thomas Burch, whose depositions are annexed He hereby relinquishes every claim whatever to a pension or annuity Except the present & declares that his name is not on the pension roll of the agency of any State 

And in answer to the particular interrogatories of the Court now here he says, 1. I was born in Pawling. Duchess County, on the 25 Nov. 1759. 2. I have a record of my age. now in the possession of Samuel Hunt in the town of Ripley in Chau Co, 3. I was living in Schaghticoke when called into Service & have Since the Revolutionary war, lived [inserted] in Schaghticoke about thirty Years when I moved to Chautauqua County where I now reside & have resided for about twenty years [bottom half of last line of page is cut off: unreadable]
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when I moved to Chautauqua County where I now reside & have resided for about twenty years
4. I was first called into Service by voluntary engagement being afterwards, but never have served as a Substitute 
5. This interrogatory is answered as fully in my declaration as I am able so to do.
6. I never [inserted] received written discharges but was always dismissed as militia now are on parade days
7. I am known to Robertson Whiteside [name crossed out] John Dodgent [name inserted] & [name crossed out] John Helms [inserted] August [crossed out] of French Creek Mayville [crossed out] & who I presume can testify as to my character for veracity & their belief of my Services as a soldier of the revolution 
Elvin Hunt [signature] 

Sworn to & subscribed the day & year aforesaid James Brown Clerk
We Robert Whiteside [crossed out] John Dodgent [inserted] & [name crossed out] John Helms [inserted] of [name crossed out] French Creek [inserted] in the County of Chautauqua hereby certify that we are well acquainted with Elvan Hunt who has subscribed & sworn to the above declaration that we believe him to be of the age of Seventy three on the 25 day of November next that he is reputed & believed in the neighborhood where he is known [crossed out] resides [inserted] to have been a soldier of the Revolution & that we concur in that opinion  John Dodgent [illegible] [signature]  John Helms [signature] 

Sworn to & subscribed the day & year aforesaid }  
James Berry Clerk } 

And the said Court do hereby declare their opinion after the investigation of the matter & after putting the interrogatories prescribed by the war department that the above named applicant was a revolutionary soldier & serviced as he states And the Court further certifies that it appears to them, that [2 names crossed out] John Dodgent & John Helms [inserted] who have signed the preceding certificate are residents of the town of Chautauqua [crossed out] French Creek [inserted] are credible persons & their statement entitled to credit And that Thomas Burch who has signed the annexed declaration [inserted] is a resident of [word crossed out] Ripley [inserted] as he states entitled to credit } Judges
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State of New York Chautauqua County } Ss.
Thomas Burch of the town of Ripley in the said County aged Seventy seven years on the 23 day of Feb next being duly Sworn Says that he is well acquainted with Elvin Hunt in the annexed declaration named & has known him Since the year [inserted] 1776 & that he has heard the preceding declaration of the said Elvin read & is personally knowing of the truth of much of what is therein Stated. That he knows of the regulations adopted by the Inhabitants of Schaghticoke during the revolutionary contest that each inhabitant was to serve in the field alternately for two weeks at a time, that he was at Palmerstown with the said Elvin at the time mentioned in his declaration & was subsequently out twice with the Said Elvin in the militia. once at Palmerstown & once at Fort Edward & That he has no doubt that the said Elvin was in actual service in the militia for at least as long a time as he has set forth in his said declaration.  Thomas Burch [signature] 

Sworn to & subscribed this 12th day of October 1832 before me J. Brooks J.P. } I hereby certify that the above named Thomas Burch sustaining a fair character for truth and veracity Mayville June 18th 1833 J Brooks J.P. [signature] 

And the said Court Do declare their opinion after the investigation of the matter & after putting the Interrogatories prescribed by the war department that the above aplicant [applicant] was a Revolutionary Soldier. 
I James B. Lowry Clerk of the Court of Common Pleas in & for the said County of Chautauqua Do hereby cetify [certify] that foregoing Contains the Original precedings of the said Court in the matter of the aplication [application] of Elvin Hunt for a pension. 
In Testimony Whereof I have hereunto set my hand affixed the Seal of the Court of Common Pleas of the said County this 13th day of October A.D. 1832.  James B. Lowry [signature] Clerk
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Rev War [written vertically bottom to top in top left corner of page] 
9355 
[checkmark] INVALID.
No. 9355
Elvin Hunt Priv Rev. War
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Act: June 7th /32
Index:-- Vol. 1, Page 185
[Arrangement of 1870.] [square brackets in original]
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State of New York Chautauqua. County SS, 
Paul Benson of the town of Ripley said County aged eighty three on the Seventeenth day of October last being duly sworn says that he is well acquainted with Elvin Hunt in the annexed declaration, named, & has known him since the year 1776 & that he has heard the preceding declaration of the Said Elvin read & is personally knowing of the truth of much of what is therein Stated. That he knows of the regulations adopted by the Inhabitants of Schaghticoke during the revolutionary Contest. that each Inhabitant was to serve in the field ultimately for two weeks. at a time that he was at Palmerstown with the said Elvin at Fort Edward & at Lake George at the time mentioned in his declaration & after this he was out with the Said Elvin at Halfmoon Point, at Still Water at Fall Mills. mentioned in the Said Elvin declaration & that he has no doubt that the Said Elvin was out in actual Service in the militia for at least as long a time as he Set forth in his declaration
Paul his X mark Benson in presence of Geo. A Green

Sworn to & Subscribed this 18 day of June 1833 before me Jesse Brooks JP 
I hereby certify that the above named Paul Benson sustained a fair character for truth and morality. Mayville June 18th 1833. J Brooks JP. 

State of New York Chautauqua County } SS. Elvin Hunt being duly sworn deposeth & saith that the time he was engaged in actual service of the United States in the year 1777 was at least five months and further this deponent saith not   Elvin Hunt [signature] 

Sworn & Subscribed this 18, day of June 1833 [illegible] Jesse Brooks JP.
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State of New York, Chautauqua County Ss. 
I James B. Lowry Clerk of the County of Chautauqua Do hereby certify that Jesse Brooks before whom the Annexed & within affidavits purports to have been sworn was at the dates of the same an acting  _ Justice of the peace in & for the said County. and that his name subscribed to said affidavits is genuine -- And that the papers hereunto attached Contain the original proceedings of the Court in application of Elvin Hunt for a pension and that I discover no additions made to them Excepting said Brooks Certificate of the Credibility of the witness &c 
Witness my hand and seal of Office this 19th day of August
1833  James B Lowry Clerk
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Mayville Chau. Co. August 29. 1833
Hon. J.L. Edwards Comr of Pensions
In the matter of John Wheeler decd [deceased] -- his certificate of dues were Left by his widow in the hands of Seth C. Hart of Lockport and must have been sent by him or by Thomas Wheeler of Shelby and the time I cannot arrive at. but must have been last fall or in the winter. Hart denies having any knowledge the papers whatever. the old Lady cannot tell to what Regt. he belonged [word crossed out]  [rest of line too faint to read]  was one of Washington's life guards. 

The certificate or discharge or both were signed by Washington and the certificate stated that the amount due was to draw interest at six per cent until paid It would certainly be a great favor to the widow to know whether this claim has been presented for payment or not, as She suspects there is Some villany [villainy] among some of those who have had the handling of her papers.  Yours ob. [obediently] Geo. A. Green

Direct to me at Mayville Chau Co N.Y.  Geo A Green  
I return the papers of Elvin Hunt believing the objections thereto removed. G. A G.