Revolutionary War Pension and Bounty Land Warrant Application File S. 28,628, John Ayres, New Jersey.
Page 1

SERVICE                           NUMBER
New Jersey   Ayres, John S28,628
Page 2

24586
New York
John Ayres
of Friendship in the State of New York
who was a Private in the Compy commanded
by Captain Bennett of the Regt commanded
by Col Seely in the N. Jersey
line for 7 Months as 14 days

Inscribed on the Roll of New York
at the rate of 24 Dollars 87 Cents per annum
to commence on the 4th day of March, 1831.

Certificate of Pension issued the 15 day of Jany
1834 and sent Hon E. Howell
House Repr S
Arrears to the 4th of Sep. 33 $62.17
Semi-anl. allowance ending 4 Mar 34 12.43
$74.60
{Revolutionary Claim,}
{Act June 7, 1832.}
Recorded by Jno. Cromwell Clerk
Book E Vol. 4 Page 42

Died 
Sept. 7, 1833
Page 3

I hereby certify that I am well acquainted with the within named John Ayres that he is entitled to full credit [illegible] his behalf I relinquish all claims for services over & above seven months & fourteen days as within stated Jany 14th 1834

23411
In the matter of the
Application of John
Ayres - for a pension
Declaration
Done
I hereby certify that the within [illegible] passed through the houses of the [Illegible] in the [illegible] state they now are
Jany 8th 1834
Howell
In Congress
Page 4

State of New York}
Allegany County} Ss. On this 30th day of October in the year of our Lord one thousand eight hundred and thirty two personally appeared in open Court before the Judges of the Court of Common Pleas of the said County of Allegany now sitting John Ayres a resident of the Township of Friendship in the said County aged seventy four 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 7, 1832

That he Entered the service of the United States under the following named Officers & served as herein stated Viz

That in the month of October in the year 1776 - he was drafted in the Militia for the term of one month in the company of Captain Jeremiah Bennet, in the battalion of Colonel Enos Seely - and was stationed at a place called blazeing Star, in New Jersey, oposite Staten Island - where he remained until the Expiration of the term for which he was drafted, when he was dis[illegible] by the officers

That in the latter part of the month of November following he was called out into the service in the company of Israel Pierson and Lieutenant Miles, in the regiment of Colonel Potter under the command of Genl Green, and
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was in various place in the State of New Jersey, and he was at the battles of Trenton and Princeton, and was in the service at this time about two months - when he was discharged

That he then Enlisted for the term of two months in the company of Captain Barker in the regiment of Colonel Potter under the command of General Green - and was Stationed on Raritan river above Brunswick and that he continued in the service until his term of Enlistment Expired, when he was dismissed

That in the month of December in the year 1777 he was called out into the service in the company of Captain David Platt, in the regiment of Colonel Hill - that he was stationed near Philadelphia, and continued in the service two months, when he was dismissed by the Captain

That in the month of March of the following Spring he was again called out in the service [the words at this time are crossed out] in the company of Captain Rierson, in the regiment of Colonel Holmes - and continued in the service about two weeks when he was dismissed

He was born in the Town of Piscataway in the County of Middlesex in the State of New Jersey on the 20th day of October in the year 1758

He has the record of his age, which he
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kept in his family Bible

When he first went into the service he lived in the Town of [Illegible] in the said State of New Jersey - he has lived in the State of Pennsylvania, and in the County of Seneca in the State of New York - And about ten years ago he removed to the Town of Friendship in the County of Allegany in the said State of N.Y. where he now lives

He never received a written discharge from the service

That William Noble, Waite Clark and Jacob Voories are his neighbours and will testify as to his character for veracity and their belief of services as a Soldier of the revolution

He hereby relinquishes every claim whatever to a pension or annuity Except the present and declares that is name is not on the pension roll of the Agency of any other State
Sworn to & subscribed} John Ayers
the day & year aforesaid}
J W Sherman Clk

We Alvan Ayers - residing in the Town of Belfast in the said Conty and James Dunham residing in the Town of Friendship in the said County, hereby certify that we are
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well acquainted with John Ayers, who had subscribed and sworn to the above declaration that we believe him to be seventy four 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 & subscribed} Alvan Ayers
the day & year aforesaid} James Dunham
JW Sherman Clk

And the said Courts do hereby declare their opinion after the investigation of the matter and After putting the interrogatories prescribed 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 Alvan Ayers and James Dunham who have signed the preceding certificate are residents of the said Towns above stated and that they are credible persons, and that their Statement is entitle to credit
John Griffin} Judges
Jonah [Illegible] of the Court
Asa S Allen} of Com pleas
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I Judson W Sherman Clerk of the Court of Common Pleas of the said County of Allegany, do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of John Ayers for a Pension
In testimony whereof I have hereunto
set my hand and seal of
office this 31st day of October in the
year A.D. 1832
J W Sherman
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I hereby certify that I am well acquainted with the within named John Ayers & that he is entitled to full credit & on his behalf I relinquish all claim for services over & above seven months & fourteen days as within stated - Jany 14th 1834
Howell 
[Illegible]
Page 10

John Ayers - Afft Done
Allegany Co N york
23 411
[illegible]
Admitted
Private 7 mo & 14 days
Hob E. Howell
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WAR DEPARTMENT,
Pension Office,
June 3, 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 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 came be allowed. The notes and the regulations will shew what is necessary to be done. These points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus: }). You will, when your 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 John Ayers
Period when the service was rendered. Rank of the claimant. Names and Rank of the Company officers under whom he served. 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.
Octobr 1776 1 [Month] Private Capt Bennet Col Seely Stationed at Blazer in [Illegible] 74 years Stow Creek New Jersy Tracutionary
Nov 1776 "abt." 2 [Months] " Capt Peirson Colo Potter Trenton & [Elizabeth Town is crossed out]
"he then enlised for 2 [Months] " Capt Barker Col Coller Princeton
20 [Illegible] 1777 2 [Months] " Capt Platt Stationed near Philadelphia
March 1778 [Ilegible] Capt Perison Col Holmes
abt 2 weeks
I am respectfully,
Your obedient servant,
J. L. EDWARDS,
Commissioner of Pensions.
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2
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 in
stance, 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.
REGULATIONS UNDER THE ACT OF JUNE 7, 1832.
of
On this
DECLARATION.
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
State, Territory of
County of
day of
A.B. a resident (b) of
personally appeared (a) before
in the county of
and State, Territory or District
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 made by the act of Congress, passed
June 7th, 1832. That he enlisted in the Army of the United States in the year (d)
served in the
(e) regiment of the
with
line, under the following named officers:
and
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.
A. B.
And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary
soldier, and served as he states.
of the Court of
tify (h) that the foregoing contains the original proceedings of the said Court in the matter 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
hereby certify, that we are well acquainted with
subscribed and sworn to the above declaration; that we believe him to be
and C.D. residing in (the same)
who has
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.
1,
Clerk of the Court of
contains the original proceedings of the said Court, in the matter of the applicacation of
for a pension.
do hereby certify that the foregoing
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 un 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.
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
reconcern, he served not less than the periods mentioned below, and in the following grades:--For---year----
days, I served as amonths
, and --
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.
The law makes the relinquishment indispensable.
The opinion of the Court is always required.
The Clerk must give his certificate in every case.
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.
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.
note from to are all equally applicable to the cases of Militia men, Volunteers and State Troops, The proof required by rule in
This traditionary evidence is indispensable in militia cases.
If a witness cannot be found, the declarant must state the fact.
The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.
Page 14

State of New York}
Allegany County} Ss Personally appeared before me this undersigned a Justice of the peace of the said County of Allegany, John Ayres, who being duly sworn depoesth 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 to the best of his recollection, he served not less than the periods mentioned below, and in the following grades - Viz. - For Sic months I served as a private in the year 1776 - for two months as a private in the latter part of the year 1776 - and the beginning of the year 1777 - for two months more [the words in the are crossed out] as a private in the year 1777 - for two months as a private in the latter part of the year 1777 & the beginning of the year 1778 - for two weeks more as a private in the year 1778 - And for such service I claim a pension
John Ayers
Sworn & subscribed this 5th}
day of [the word June is crossed out] August 1833 - before me}
Jonathan Savage Justice

I hereby certify that I am personally acquainted with the above named deponent John Ayers, that he is a respectable old man, and that his statement is entitled to full credit & belief
Jonathan Savage J. P.
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Allegany County}
Clerks Offices} I Judson W Sherman Clerk of said County do Certify that Jonathan Savage before whom the within affidavit purports to have been sworn was at the date of the same one of the Justices of the peace in & for Said County

And that I am acquainted with his hand writing & verily believe his name published thereto is proper hand writing Signature

Witness my hand & Seal of Office this 9 August 1833
JW Sherman Clk

John Ayers
Page 16

August 2, 1934
BA-J/EEL
John Ayres-S.28638
Eva Shelby Buster
3747 Jardin
Houston, Texas
Dear Madam:

Reference is made to your letter in which you request information in regard to Silas and John Ayers, of Morris County, New Jersey,
soldiers of the Revolutionary War.

A careful search of the Revolutionary War records has been made and no record found of a claim for pension or bounty land having been made to the United States based upon the military service in that war of a Silas Ayers or similar spelling. Such claims are the source of the data furnished by this office. The record of John Ayres, the only soldier of that name who served from New Jersey, that is found on the Revolutionary War records of this office is furnished herein, the data for which were obtained from his claim for pension, S. 28628, based upon his military service in that war.

John Ayres was born October 20, 1768, at Piscataway, Middlesex County, New Jersey. The names of his parents are not shown in the
papers in the pension claim.

While residing in the town of Stow Creek, New Jersey, he enlisted in October, 1776, served one month in Captain Jeremiah Bennett's Company, Colonel Enos, Seely's New Jersey Regiment and was stationed opposite
Staten Island, in New Jersey, he enlisted the latter part of November, 1776, served two months in Captain Asel Peirson's Company, Colonel Potter's New Jersey Regiment and was in the battles of Trenton and Princeton; he then  enlisted and served two months in Captain Barker's Company, Colonel Potter's New Jersey Regiment, dates of this tour not shown he enlisted in December, 1776, and served two months in Captain David Platt's Company, Colonel Hill's New Jersey Regiment and
did in March following, enlisted  and served two weeks as a private in Captain Peirson's
Company, Colonel Holme's New Jersey Regiment. All of his service was rendered as a private.

After the Revolution, he resided in Pennsylvania, and in Seneca County, New York.

[Notes in the left margin]
I did not refer to [illegible] 2nd statement in which he claim 6 mos service in 1776 - because he [illegible] Too late in 1776 to have rendered            six mos. service in that year. Pen. Office did not recognize this statement as he was pensioned for 7 mos & 14 days.
[Notes in the right margin]
Could not identify Col Hill All other officers found in N J [illegible].
Page 17

Pension was allowed on the application of John Ayres, which application was executed to him October 30, 1832, while residing in
Friendship, Allegany County, New York.
He died September 7, 1833, place not shown.
It is not stated that soldier was ever married.
One Alvan Ayres was residing in Belfast, Allegany County, New York, in 1832, no relationship to the soldier was shown and there are no further family data.
Very truly yours
A. D. HILLER
Assistant to Administrator.
Page 18

28628
INVALID.
Revy
File No. 28,628
John Ayers
Pri Rev War
Act: June 7" 32"
Index: Vol. 2, Page 17
[Arrangement of 1870.]

1906 - March 19. R. Heber Brint
(Adj. Gen. N.J.) Given soldier's 
of residence at Enlistment and
Application for pension
1934 Aug 2 - Hist. to Eva
Shelby Buster - [Illegible]
Page 19

STATE OF NEW JERSEY.
OFFICE OF ADUUTANT GENERAL.
& N.
MAR
1906
Elles
The Commissioner of Pensions,
Washington, D. C.
Sir:
FIRST
DEPUTY COMMISSION
MAR 17 1900
U. S.
ON OFFICE.
GW
Trenton, March 16, 1906.
Will you please refer to the Revolutionary pension case of
John Ayres, Invalid No. 28,628, and inform me if the pensioner men
tions the county or township in which he resided at the time he
entered the militia service, and when and where he was residing
at the time he filed his application for pension:
Very respectfully,
R Heber Breinhall
Adjutant General.
Page 20

Bankers Shippers Insurance Company of New York
C. V. MISEROLE, PRESIDENT
W. O. KRAFT
L. R. BOWDEN, VICE
MRS. J. B. COCHRAN
THE OLDEST INSURANCE AGENCY IN TEXAS
COCHRAN' S INSURANCE AGENCY, AGENTS
FIRST NATIONAL BANK BUILDING
HOUSTON, TEXAS
PHONES: PRESTON O106 OR O197
RESIDENT
3747 Jardin,
Houston, Texas,
July 19, 1934.
Commissioner of Pensions,
War Department,
Washington, D. C.
Dear Sir
I would greatly appreciate your sending me
all the available information on Private Silas
Ayers, who served as a Minute Man of the Morris
County (New Jersey) militia. He lived in Morris
Plains, about two miles from Morristown, New Jersey. He served during the Revolutionary War.
I would also like to have all available information concerning Private John Ayers, also of Morris
County Minute Men, and of New Jersey troops.
If possible, please send me a certificate of
service for both men
A similar letter is being sent to the Adjutant
General of the United States, and to the Adjutant
General in Washington.
Yours Sincerely
Era Shelby Buster
Eva Shelby Buster )
Page 21

Surv. File #28, 628,
John Ayres,
Rev. War.
L. M.
COPY.
The Adjutant General of New Jersey,
Trenton, New Jersey.
Sir:
March 20, 1906.
In response to your letter dated March 16, 1906 and received March 17, 1906, you are advised that the papers in the above noted claim, show that John Ayres lived at Stow Creek, New Jersey when he first entered the service in October 1776, , and that he was a resident of Friendship, Allegany Co., New York, when he applied for a pension on October 30,
1832.
Very respectfully,
Commissioner.