Revolutionary War Pension and Bounty Land Warrant Application File S. 22,361, for Daniel Livingston, Pennsylvania
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(3-1777)
Service Number
Livingston, Daniel S. 22361
contents
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Pennsylvania 22. 65[illegible]
Daniel Livingston
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27.753
Daniel Livingston

Direct to H. Petrikin
Bellefonte
Centre Co. Pa
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State of Pennsylvania
Centre County ⎬
On this 27th day of August in the year of our Lord 1833 personally appeared in open Court before the Court of Common Pleas now sitting, Daniel Livingston a resident of Potter Township in the County of Centre and State of Pennsylvania aged upwards of 76 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 7th June 1832-
That he entered the service of the United States under the following named officers and served as herein stated
That he entered the service of the United States under Captain Gilbert McCoy of the militia of the State of Pennsylvania in the month of June 1779. The company marched from Kishacoquillas Valley, then Northumberland now Mifflin County (Pa) to Potters Fort (now in Centre County Pa) for the purpose of protecting the inhabitants of the frontier counties of Pennsylvania against the attacks of the Indians. The company was on duty seven months, engaged not only in occupying the fort, but on scouting expeditions through various parts of the country adjacent to the Fort. At the end of seven months the company was discharged, and returned home. The applicant did
not receive a written discharge. The next year, viz in the month of August 1780, the applicant again entered the service of the United States, in the company commanded by Capt Boyd employed in defence of the
frontiers, and marched from Kishacoquillas in then Northumberland now Mifflin County, and marched thence to Bedford (Pa) and there remained on active duty for the term of seven month. In each of the services mentioned but one company was employed. Capt Boyd was taken prisoner by the Indians before the applicant joined the company. At the end of seven months the company was
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was discharged at Fort Littleton on the road between Bedford and Carlisle. The applicant did not receive a written discharge. The applicant believes there is one man living viz a certain John Beatty who can testify to the last service, but he knows of no one living who can prove the first service, nor has he any documentary evidence to support the same. 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 the Agency of any State. The applicant omitted stating in the proper place that Boyd's company was a regular infantry company. The applicant with eighteen others was enlisted by Lieut. Richard Johnston who after the capture of Boyd took the command of the company. The applicant [illegible] Boyd's company was an independent company of Rangers, not attached to any Regiment
Sworn to & subscribed the day & year aforesaid
Jas Gilliland Prothy | Daniel Livingston ^his mark



WE Andrew Gregg and William Livingston, (the former residing in the Borough of Bellefonte and the latter in the Township of Potter in the County of Centre) hereby certify that we are well acquainted with Daniel Livingston who has sworn and subscribed to the above declaration; that we believe him to be 76 years of age, and I William Livingston do hereby certify that I am personally acquainted with the fact of my brother Daniel Livingston having served during the Revolutionary war as a private soldier, and as I believe in the manner set forth in his declaration
Wm Livingston
Andrew Gregg
Sworn & subscribed the day & year aforesaid
Jas Gilliland Prothy
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And the said court do hereby declare their opinion after the investigation of the matter, [crossed out: and] that the above named applicant Daniel Livingston was a Revolutionary soldier and served as he states. And the said Court further certifies that it appears to them (and it is well known to them) that Andrew Gregg, Esq who has signed the within certificate, and William Livingston who has signed the same - the former residing in Bellefonte and the latter in Potter township - are credible persons, and that their statement is entitled to full credit. The Court further certify that in consequence of the age & infirmities of the Rev. Wm Stuart (to whose Church Mr Livingston belongs) it was out of the applicants power to procure his attendance in Court.
[illegible]Judges
Isaac McKinney
Jacob Koyder

State of Pennsylvania
Centre County Ss
I James Gilliland prothonotary of the Court of Common Pleas in & for the County of Centre aforesaid do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Daniel Livingston for a pension
In Testimony whereof I have hereunto set
my hand and seal of Office at Bellefonte
this 27th day of August AD 1833
Jas Gilliland Prothy
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[crossed out: 27.753] 22.653
Daniel Livingston
Penna

Adm 1. yr and 2 Months
$46.66.
93.32
23.23
116.65

H.Petrikin
Bellefonte
Centre Co
Pa
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WAR DEPARTMENT,
Pension Office,
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 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 compling with this request, greatly facilitate the investigation of your claim.
A Statement, shewing the Service of Daniel Livingston

Period when the service was rendered.| Duration of the claimant's service. | 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. 
June 1779. | 7 [months] | Cap. McCoy | 76. years | Traditionary
Aug 1780 | 7 [months] | " Boyd | Penna. | Traditionary

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, 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 } ss.
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 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, 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 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
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alleged service, as they are known at the Department. A very full account of the services of each person 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 inquiry 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 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 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 duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively 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 places 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 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 application 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 is to be certified by the proper officer, under his seal of office.
[symbol of a finger pointing to the right] The notes from (a) to (i) are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by the 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 send to the War Department, with the declaration.
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[illegible]: June [illegible]
[illegible]der: -Vol. 2, Page 242
(arrangement of 1870.)
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add. proof
Dan'l Livingston
                 Pa

Revolutionary

Bellefonte

H. Petrikin Esq.
Bellefonte Pa
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Mifflin County
Before me the Subscriber are of the Justices of the Peace in and for said County Came John Beatty of Armagh Township in said County who being duly sworn as Law Directs saith that he was Enlisted as a Common Soldaire under Captain John Boid in the year of 1779 and served against the "Indians" and that Daniel Lvinstein of Centre County and Potter township, was a Soldier in the same Company and performed his duty in Every respect & further saith not
Sworn and subscribed this 30th day of August AD 1833 Corme
William McCay
John Beatty


Mifflin County Before me the subscriber one of the Justices of the Peace in and for said County Came Robert Millikin of Armagh Township in said County [crossed out: previously aforesaid] and being duly sworn as law directs saith same personaly acquainted with John Beatty and has a knowledge of him for more than twenty yeares he is a Good Citizen and has filled the office of a
Ruling Elder in the Presbeterian Church for more than fifteen years & further saith not
Robt. Millikin
Sworn and subscribed this 30th day of August 1833 
Corme William McCay
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Pennsylvania
Mifflin County
I David R Reynolds, Prothonotary of the Court of Common Pleas in and for said County of Mifflin do hereby Certify that William McCay Esquire before whom the within Depositions were taken is a Commissioned Qualified & acting Justice of the Peace in and for said County and that his signature as within signed is his proper handwriting and that due faith and credit are due to all his Official acts as such
In testimony whereof I have hereunto set my hand and affixed the seal of said Court at Lewistown in said County this 29th day of August A.D. 1833 -

D.R. Reynolds Prothy