Revolutionary War Pension and Bounty Land Warrant Application File S. 22625, Bela Armstrong, New York.
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(3-1776) NC

SERVICE 
New York. 

Armstrong, Bela 

NUMBER
S.22625


CONTENTS
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[left page]
24.323
New=York
Bela Armstrong
of Livingston Co in the State of New York
who was a private in the Comp commanded
by Captain Johnson of the Regt. commanded by Col. Abbott in the New York
line for 22 months

Inscribed on the Roll of New York
at the rate of 73 Dollars 33 Cents per annum, 
to commence on the 4th day of March, 1831.
Certificate of Pension issued on the 20 day of Dec 1833 and sent to F. Tracey  Moscow

Arrears to the 4th of Sep'33 $183.33
Semi-anl. allowance ending 4 M.'34 36.66
$219.99
{Revolutionary Claim,
Act June 7, 1832}
Recorded by Geo C Stiles Clerk,
Book E. Vol. 4. Page 42.
[right page]
New Certificate issued 20 Feb. '34 & sent Hon P.C. Fuller H.R. Let to Agent N. York same date - all by order Mr. Edwards
Old Certificate when found to be cancel'd -
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In the Matter of
Bela Armstrong
a revolutionary
Soldier
19664
direct
To Felix Tracy
Moscow
Livingston County
State of N York [underlined]
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Livingston County
Samuel Smith of Wheatland in the County of Monroe a witness produced in open court being duly sworn saith that he was seventy years of age in the month of June last, that he was born in Colchester New London County State of Connecticut that as he was informed by his parents they moved into the town of Norwich in said County when this deponent was about two years of age, where he lived untill about thirty six years ago when he removed into this County of Chenango State of New York since which time he has moved about frequently until about fifteen years ago he moved into the town of Riga County of Monroe where he lived until about two years since when he moved to Wheatland where he now resides, that during all that time he lived in Norwich he was well acquainted with Bela Armstrong the applicant named in the annual certificate, that he was well recollects that the said Bela was absent from home in the time of the revolutionary war at the several times he has stated in his said application.  He recollects particularly that the said Bela went with others from his neighborhood to Boston that he was then at the Battle of Bunkerhill as was there generally reported he lived in Norwich he also recollects that the said Bela was at Saratoga and the taking of General Burgoyne as was also there generally reputed & believed his neighborhood and this deponent fur[ther]
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saith that in the year 1776 he was permitted by his father to enter the army as waiter his father then being a lieutenant and that he went with the militia on the expedition to the Saw pits mentioned in the statement of the said Bela Armstrong and he therefore knows & now recollects that the said Bela Armstrong did go to the Saw pits with the said militia as he has stated that they were absent from home & in the service of the United States at that time four months, this deponent was also afterwards called out on alarms to New London a great number of times in most or all all of which times the said Bela Armstrong was called out with him, this deponent can therefore state with the most perfect confidence that he believes the statement of said Bela Armstrong now made & sworn to in open court to be true in every particular
[signed] Samuel Smith
Subscribed and sworn to in open court the 25th of Sept 1832
[signed] S.G. Haven Dep [Deputy] Clerk
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Livingstone county
I Joshua Smith of Elba in the county of Genesee State of New York aged seventy two years being duly sworn with that he was from Colchester New London County & State of Connecticut that at about the age of four years he moved with his parents to Norwich in the county of New London aforesaid where he lived untill about the year 1793 when he moved into the state of New York in the county of Herkimer but now County of Madison where he lived till about the year 1816 when he moved to Riga now County of Monroe where he lived till about four years ago when he moved to where he now resides, that all the while he lived in Norwich he was well acquainted with the Bela Armstrong the applicant named in the current proceedings -  And this deponent further saith that he was knowing to be said Bela's being absent with the Militia of the state of Connecticut at various times during the revolutionary war and in the service of the United States as was then generally alleged & believed in the neighborhood where resided - that this deponent volunteered at the same time with the said Bela to join the Northern Army the year that Burgoyne was taken, that this deponent was a private in the same company with said Bela; that his company was commanded by Ebener Lathrop - Joel Jones was Lieutenant Colonel  & Colonel Lattimore commanded the Regiment to which they belonged, that this deponent went & returned with the said
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Bela on the said expedition, that this deponent was also with the said Bela at New London at many different times for six years during the war that he believes that the whole time added together in which they were thus called out would amount to at least five months in addition to the two several times of three months each in which the said Bela states that he was at New London & this deponent further saith that he verily believes that the whole of statement which said Bela has now made of his service as a Revolutionary soldier is correct and true. 
[signed] Joshua Smith
Subscribed and sworn in open Court this 25th of September 1832
[signed] S.G. Haven Dep Clk
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State of New York
Livingston County
On this twenty fifth day of September in the year of our Lord one thousand eight hundred & thirty two personally appeared in open County [court] before the Court of Common Pleas held in the County of Livingston aforesaid now sitting Bela Armstrong a resident of the town of Leicester in the County of Livingston & State of New York aged seventy seven years who being first duly sworn according to law doth on this oath make the following declaration in order to obtain the benefit of the act of Congress passed June 7th 1832 
that he entered the service of the United States under the following named officers and served as herein stated.
That he enlisted in Connecticut state troops April 15th A.D. 1775 in the town of Norwich County of New London & State of Connecticut (in which place he was home & resided until about fifteen years since) under Major John Durgy for the time of eight months in Colonel Storr's Regiment the christian name of Storr's is not recollected but he believes his name was John that said Storrs then resided in Mansfield in the state aforesaid, that Col Johnson then of Jewitts city acted as Lieutenant Colonel of the same regiment - That Colonel Huntington of Nor-
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[Nor]wich aforesaid was first Lieutenant and Lemuel Bingham of Canterbury was second Lieutenant and Beniah Bill of Norwich was Ensign of of the Company to which he belonged, that after he enlisted he rendezvoused with his company in Norwich untill about the beginning of May when he marched with his company to Cambridge in Massachusetts at which place they arrived about the 10th of May when he remained untill the battle of Bunker hill which took place on the 17th of June following 
that the night previous to said battle he was detached with a part of his company to assist in building a fort on Bunker Hill that Capt Knowlton (who was afterwards Colonel) took command of the detachment that this applicant acted as drummer in which capacity he had enlisted.  That in the battle he was in the division commanded by General Israel Putnam - that Daniel Preston then of Norwich in the state of Connecticut belonged to the same company with this applicant and stood at his right hand in said battle when he received a wound for which he afterwards obtained a pension, That after the battle of Bunker Hill, he remained with his company in the vicinity or neighborhood of Boston untill about the first of December when his first term of eight months being about expired he again enlisted for the term of three months but obtained a furlough from his officer Major Dungy to return home to Norwich to which place
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he returned & remained until the troops returned home which was in the latter part of March AD 1776 when he obtained a discharge from Major Dungy which discharge has long since been lost or destroyed. 
That in August AD 1776 he was draughted with other Militia in the State of Connecticut to march to serve with in the state of New York to which place he marched with a company commanded by Captain Isaac Johnson, Eli Slyke was a lieutenant & Ezekiel Slyke was Ensign in the same company, the regiment to which he belonged was commanded by Major Zebediah Rogers the Colonel John Abbott not being present with the troops, that he remained at the saw pits & vicinity for the term of four months except the time necessarily taken up in going & returning. meaning by this that he was absent from home & in the service at this time four months, that while at the saw pits he was engaged in no battle except a slight skirmish with British in which Colonel McIntosh of Massachusetts commanded August 4th, AD 1777. The joined Captain Ebenezer Lathrop's company as volunteer & marched with his company to Saratoga in the State of New York, that the Regiment to which he then belonged was commanded by Colonel Lattimore of New London aforesaid, that he remained
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at Saratoga untill after the capture
of General Burgoyne, that on the day
previous to the general engament he was
sent out with the scouting party commanded
by Colonel Morgan, that the party remained in the woods through the night & on the day of the battle they were driven in to the American camp by the British & in consequence of their
fatigue the party was directed to remain
behind a breast work during the battle
the battle above mentioned was fought near
Still water, that he was absent on this town four months - after the Battle & before his return home he marched down the north river with his Regiment as far as Eusopus [Esopus] which place the British had burned before his regiment arrived
Previous to the above mentioned tour to
wit on the 3d of March AD. 1777 he went on a tour to New London in a Company
commanded by Captain Elisha Morgan in the regiment commanded by Colonel Abbott on this tour he was absent three months, on this tour the detachment to which he belonged [illegible, defended?] Fort Griswold on the Groton side

September 5th AD 1781 he again went on
a tour to New London at which time
the place was burned by Benedict Arnold at this time he was also absent from home & in the service three months in a company commanded by Captain Phineas Peck the Regiment was under the
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command of Colonel Zebediah Rogers
This applicant further states that in addition to
the times above particularly specified he was
frequently called with the Militia to
New London on alarms from the year
AD 1776 to the end of the war and in
some of the years he was called out as
many as five or six times in a year
that according to the best of his recollection & belief the time he was there employed in the whole six years in addition to the particular times above mentioned would amount in the
whole to at least five months, and this applicant further states that he was born in Norwich, County of New London
and State of Connecticut on the third
day of November one thousand seven
hundred & fifty four, that there is record
of his age in the books kept by the Clerk
of the town of Norwich but he has no record with him, that he lived in the town of Norwich untill the year AD 1817 when he removed into the town of Leicester aforesaid where he has ever since resided, that he has no documentary evidence of his services in the war
of the revolution as above stated, but that
Samuel Smith of Wheatland in the County of Monroe & Joshua Smith of Elba in the County of Genesee have personal knowledge of a part of the services above mentioned, & whom he produces here
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in court to testify as to their knowledge of said facts, that Ebenezer Armstrong of Warsaw in the County of Genesee State of New York a brother of this applicant is also knowing to a part of the facts above stated whose attendance he also hopes to procure at this Court, that he believes he can procure many witnesses in the neighborhood where he now lives to prove his character as a man of truth but from the fact of his having enlisted where he now does but a few of the past years of his life he does not know that he is generally reputed there to have served in the war of the revolution on this subject however he refers the Court to the testimony of Felix Tracy & Daniel H Bissell
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 
[signed] Bela Armstrong
Subscribed and sworn to in open Court this 25th of Sept 1832 
[signed] S. G. Haven Dep Clerk 

I Felix Tracy of Leicester in the County of Livingston do certify that I have been well acquainted with the above named Bela Armstrong ever since he has resided in Liecester that he maintains a fair character as a man of truth & veracity, that he undersigned has not heard any thing said about the services of the said Bela as a revolutionary soldier in that town except what he has heard
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from the said Bela, but the undersigned having formerly resided in the vicinity of Norwich in the State of Connecticut and has often heard the said Bela refer to persons in that vicinity with whom he was acquainted and when a lad has often heard Daniel Preston above mentioned by the said Bela relate the time & manner in which he was wounded that from the above & other circumstances he has no doubt of the truth of the above statements of the said Bela
[signed] Felix Tracy
Sept 24th 1832
I, D. H. Bissell concing [concerning] in the above statement of F. Tracy as to the reputation of Bela Armstrong as a man of truth & veracity 
[signed] D. H. Bissell 
I, Willard H. Smith Senior Judge of Livingston Common Pleas do certify that I am well acquainted with Joshua Smith and Samuel Smith whose affidavits are hereto annexed & that they are both of them men of fair & unimpeachable reputation as men of truth & veracity Sept 25th 1832 
[signed] W. H. Smith 
And the said Court do hereby declare their opinion after the investigation of the matter and after putting the questions prescribed by the war department that the above named applicant was a revolutionary soldier served as he states and that Felix Tracy & Daniel H. Bissell who have signed the above certificates are credible persons and their statements entitled to credit 
I Chauncey R. Bond Clerk of the Court of Common Pleas in & for said County of Livingston do hereby certify that the foregoing contains the original proceedings of the said court in the matter of the application of Bela Armstrong 
In testimony whereof I have hereunto set my hand and seal of office this 28th day of Sept 1832 [signed] Chauncey R. Bond Clerk By. S.G. Haven Dep Clerk
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19664
Belee [Bela] Armstrong
Livingston Co
New York


e. c.j.k. m.

Admitted
Private 22 months

Peter Tracy Esq
Moscow Livingston Co
New York
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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 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, showing the service of Belee Armstrong Livingston Co New York 
[TABLE]
Period when the service was rendered.  |  Duration of the claimant's service.   |  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.  |  admitted Place of abode when he entered the service, and age at the present period.  |  Evidence by which the declaration is supported.  |
Apl 15, 1775  |  8 Months.  |  Drummer  |  Maj. Hno Dungy Lieut Josh Huntington  |  Coll Storr  L: Col Johnson  Gen. I Putnam  |  Bunker hill  |  Massats [Massachusetts]  |  77 years N London Connett [Connecticut]  |  Two Witnesses  |
Agt 1776  |  4 Months.  |  Priv  |  Cap J. Johnson Lieu Hyde  |  Maj. L Rogers  Col. Abbott  |  None  |  N. York  |    |    |
1777  |  4 Months.  |  Priv  |  Cap Lathrops  |  Col Latimore  |  Saratoga  |  N. York  |    |    |
1777  |  3 Months.  |  Cap E Morgan  |  Col. Abbott  |  None  |  Cont   |     |
Sep 1781  |  3 Months.  |  Priv  |  Cap Phi Peck  |  Col Rogers  |  None  |  Cont  |    |
For 5 years at different times served at least 5 months more  |    |    |    |
[END OF TABLE]
I am, respectfully, 
Your obedient servant, 
J. L. EDWARDS, 
Commissioner of Pensions.

No service which is not set forth as particularly as the regulation requires will be admitted
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2 
REGULATIONS UNDER THE ACT OF JUNE 7, 1832. 
The following regulations have been adopted: 
This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army, and to include under the terms "Continental Line," "State troops," "militia," and "volunteers," all persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, &c. Teamsters, Boatmen, &c. Persons who served on board of Private Armed Vessels are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service. 
Four general classes of cases are embraced in this law: 
1. The Regular Troops. 
2. The State Troops, Militia, and Volunteers. 
3. Persons employed in the Naval service. 
4. Indian Spies. 
As rolls of the regular troops in the Revolutionary War exist in this Department, all persons, claiming the benefit of this law as officers, non-commissioned officers, musicians or privates, will in the first instance, make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides. And every Court having by law a seal and Clerk is considered a Court of Record. 
DECLARATION. 
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832. 
State, Territory or District of County } 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 ___  ages (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 made by the act of Congress, passed June 7th, 1832. That he enlisted in the Army of the United States in the year (d) ___  , with ___ and served in the ___ (e) regiment of the ___ line, under the following named officers: 
[Here set forth the names and rank of the Field and Company Officers, the time he left the service; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers;) the town or county and State in which he resided when he enered the service; the battles, if any, in which he was engaged, and the country through which 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 day and year aforesaid. 
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that A. B. ___ who has signed the preceding certificate is a clergyman, resident in the ___ and that C.D., who has also signed the same is a resident in the ___ and is a credible person, and that their statement is entitled to credit. 
I ___Clerk of the Court of ___ do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the applicacation 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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3 
will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County, in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case. 
The Court will propound the following (m) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia. 
1. Where and in what year were you born? 
2. Have you any record of your age, and if so, where is it? 
3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?
4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom? 
5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services. 
6.  {To a Soldier} Did you ever receive a discharge from the service, and if so, by whom was it given and what has become of it?}
6. {To an Officer.} Did you ever receive a commission, and if so, by whom was it signed, and what has become of it?}
7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution. 
The Court will see that he answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant. 
The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons -one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion. If one of these persons is a Clergyman, the Court will so certify, and they will also certify, to the character and standing of other persons, giving such certificates. 
The traditionary evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party. And the Courts are requested to be very particular in the enquiry whether the belief is general, and whether any doubts have ever existed upon the subject. 
Applicants unable to appear in Court by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court. 
Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature. 
No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter. 
[a] The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the 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 in 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 claim cannot be had. Every claimant must state, with precision, the length of his 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 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 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 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 [i] are all equally applicable to the cases of Militia men, Volunteers and State Troops, The proof required by rule in note [j] applies in 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.

[signed] Joseph Rowen Exc clk
this must refer to those who claim as having
belonged to the regular troops where the not finding of their names on the rolls affords a presumption against the claim  F. T.
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22625
INVALID.
No. 22,625
Bela Armstrong
Pri Rev War

Act June 7th 32

[I]ndex: -- Vol. 2, Page 11

(Arrangement of 1870.}
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Brief
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To J. L. Edwards Esq 
Com. of Pensions 
Sir 
I herewith again enclose for your consideration the evidence in support of the Claim of Bela Armstrong to a pension as a Revolutionary Soldier
I have retained the papers for some time as the applicant has removed to another County) in hopes that other witnesses might be found that would give additional strength to his claim - Ebenezer Armstrong was at my office but as his testimony could not be more particular than that already attached to the case and as he has become quite infirm in her memory I did not think it worth the expense of taking  - and on comparing the testimony taken & herewith again submitted with the rules enclosed - I must confess that I feel at loss to discover any ground of objection to the claim - there may be a variation from the letter, but the deficiency if any I should think more than over ballanced by the evidence we have furnished – even the objection that the papers were not connected by a Ribbon I must with all due submission & respect be allowed to say appears to me closely bordering upon hypercriticism for by the affidavits it appears, that the same officer who affixed his seal has to each affidavit subscribed his name certifying that
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they were all severally sworn to in open Court & on the same day that the applicant was sworn we have not got the certificate of a Clergyman certifying to the traditionary evidence that he was a revolutionary soldier for the reasons stated - but it appears to me we have got that which is much better 
The two Smiths whose character for truth and veracity is established by the Prenicury [?] Judge of the Court (& whose notion certificate I should suppose would be esteemed equally satisfactory to that of any clergyman), swear to facts which ought to put the truth of the statements of the applicant beyond a doubt - no Jury of twelve men under oath I am confident would hesitate one moment to render a verdict on the their testimony that the whole is true 
1sr Jonah Smith lived in the Neighborhood knew that the applicant was absent from home with the Militia at various during the war (and as was then generally believed & alleged in the neighborhood where he lived) in the service of the U. S. A was with him at Saratoga & at N. London many different times for six years and swears that he believes all that the applicant has sworn to is true 
2d Samuel Smith recollects - that he was at Bunker Hill at Saratoga & was with him at the Sawpits & at N. London
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this twenty two months and made out beyond any reasonable ground for doubt as to the remaining objection, that for the residue of the term we have not stated dates - by what authority called out - or under whom he served - the answer is that we have stated as much as an honest man would wish to state & no more - living in the Vicinity of N. London a place continually alarmed by threatened attacks of the enemy, the Militia must have been very frequently called upon to protect the place & it is not probable that they did in all cases wait for regular orders from their commanding Officers - the alarms were often sudden & perhaps not always well founded, but where each man considered the protection of his country his particular duty - he would hasten to the place of danger, without waiting to keep time with the taps of the drum, and at this distant period (since our Country has been so slow to pay the debt of Gratitude she incurred) it cannot be expected that a man 77 years of age - can give times - dates - names of Officers &c - but after all of the evidence for the 2nd deficiency is not satisfactory – we ask for an amount proportionate to the time satisfactorily made out - all which is respectfully submitted 
[signed] Felix Tracy