Revolutionary War Pension and Bounty Land Warrant Application File R. 5287, David How, Mass. Vt.
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(3-1776)
SERVICE
Mass
Vt.

How, David.

NUMBER
R. 5287

CONTENTS
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No.14567
David Howe
Onondaga Co N. York

eij
Refer to E. D. Bangs
Oct. 7 '33
Mass -

Grove Lawrence Agt
Camillus
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, shewing the Service of David How Onondaga Co. N.Y.
Period when the service was rendered.  |  Duration of the claimant's service. Years.  Months.  Days. |  Rank of the claimant. |  Names and Rank of the Company officers under whom he served. |  Names and Rank of the General and Field officers. |  Battles in which the applicant was engaged. |  Country through which he marched. |  Place of abode when he entered the service, and age at the present period. |  Evidence by which the declaration is supported.
Enlisted 1775 |  -  8  - |  Private |  Sam Wood Cap St. Hudson |  Col Ward Genl Arnold |  Lexington Bunker Hill |  Cambridge Dorchester |  74 |  traditionary
Enlisted |  -  2  - |  - |  Cap Barns |  Maj Wm Barns |  Taking of Burgoyn |  Fort N.O 2 Cambridge Commons |  Dorchester Mass. |  -
1777 |  -  1  - |  - |  Cap Smith |  Adj Jas Hart |  - |  -
- |  -  about 7  - |  - |  Ensign Whipple Cap Paddock |  Col Church Col Jackson Gen Stark Gen Arnold |  - |  Benington Stillwater to Rutland Mass.

I am, respectfully,
Your obedient servant,
J. L. EDWARDS,
Commissioner of Pensions.
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REGULATIONS UNDER THE ACT OF JUNE 7, 1832.
The following regulations have been adopted:
This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army,
and to include under the terms "Continental Line," "State troops," "militia," and "volunteers, all
persons enlisted, drafted, or who volunteered and who were bound to military service but not those who
were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to
Store Keepers, &c. Teamsters, Boatmen, &c. Persons who served on board of Private Armed Vessels are
also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged
in guarding particular places at night, and were not recognized as being in actual military service.
Four general classes of cases are embraced in this law:
1. The Regular Troops.
2. The State Troops, Militia, and Volunteers.
3. Persons employed in the Naval service.
4. Indian Spies.
As rolls of the regular troops in the Revolutionary War exist in this Department, all persons, claiming
the benefit of this law as officers, non-commissioned officers, musicians or privates, will in the first instance
, make application by transmitting the following declaration, which will be made before a Court of
Record of the County where such applicant resides. And every Court having by law a seal and Clerk is
considered a Court of Record.
of
On this
DECLARATION.
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
Sate Territor
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)
and
served in the
(e) regiment of the
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
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
hereby certify, that we are well acquainted with
and C. D. residing in (the same)
subscribed and sworn to the above declaration; that we believe him to be
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.
I,
Clerk of the Court of
contains the original proceedings of the said Court, in the matter of the applicacation of
do hereby certify that the foregoing
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 sering
of the applicant and such
vices 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 men
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.
old and you receive a discharge from the service, and if so, by whom was it giv-
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.
requested to annex their opinions of the truth of the statement of the applicant.
The applicant will further produce in Court, if the same can be done, in the opinion of the Court,
without too much expense and inconvenience to him, two respectable persons--one of whom should be
the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from
their acquaintance with him, that they believe he is of the age he represents, and that he is reputed
and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion.
If one of these persons is a Clergyman, the Court will so certify, and they will also certify, to the character
and standing of other persons, giving such certificates.
The traditionary evidence of service is deemed very important, in the absence of any direct
proof, except the declaration of the party. And the Courts are requested to be very particular in the
enquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
Applicants unable to appear in Court by reason of bodily infirmity, may make the declaration before
required, and submit to the examination, before a Judge or Justice of a Court of Record of the
proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to
perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court.
Whenever any official act is required to be done by a Judge or Justice of a Court of Record,
or by a Justice of the peace, the certificate of the Secretary of State or Territory, or of the proper
Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a
Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is
his genuine signature.
No payments can be made on account of the services of any person, who may have died before
the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the
declaration herein required is made, the parties interested will transmit such evidence as they can procure
, taken and authenticated before a Court of Record, showing the services of the deceased, the period
of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the
opinion of the Court upon the whole matter.
The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow
the rule laid down for his guidance.
The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not
conforming to the rule.
The age of the claimant must invariably be mentioned.
┃ The declarant must mention the period or periods of the war when he served.
Every continental omcer 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:
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----months, andseven
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
the pension to be paid according to the grade of the pension on 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
that served; the duration of each term of engagement;
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
The law makes the relinquishment indispensable.
The opinion of the Court is always required.
A
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 witness
by the proper officer, under his seal of office.
The notes from (a) to
are all equally applicable to the cases of Militia men, Volunteers and State Troops, The proof required by rule in
note applies to continental troops only.
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.
Wm Johnson
certified
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David How,
Pension Papers
Supplimented appr

Grove Lawrence
Post Master
Camillus NY
Agent
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State of New York
Onondaga County
On this 25th day of September 1832 personally
appeared before the court of Channery of the State New York setting at Onondaga David How a resident of the town of Van Buren County of Onondaga & State of New York aged seventy-four years on the seventh day of November last who being first duly sworn according to Law doth on his oath make the following declaration in order to obtain the benefit of the provisions made by 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. - This deponent enlisted in the state troops of the state of Massachusetts; that on the 19th of April 1775 this deponent with the militia of  the town of Bolton in the County of Worcester & State of  & marched to Cambridge Commons this deponents Captain was Samuel Wood Lieutenant's name this deponent thinks was Hudson the Ensigns name not now recollected. Colonel Ward commanded the
Regiment Lieutenant Colonels name not recollected he was afterward made a Colonel & went off with General Arnold to Quebeck, the Majors name was Edward Barns. -- this deponent
enlisted at Cambridge Commons about the 25th
of April 1775 for eight months. - this deponent
did not enlist when he first started because 
there was no certainty as to company or
Regiment till this deponent got to Cambridge
Commons about Eleven miles from Boston
when he enlisted under the officer above and
the troops remained at Cambridge Commons till
in July. - The battle at Lexington was fought
on the nineteenth day of April 1775 & was
the alarm that drew the militia out from
Bolton to Cambridge Commons. - about the middle of June the battle was fought at Bunker Hill & this deponent was then [illegible] to Adjutant James Hart. - & when the Troops paraded to the battle this deponent took charge of the Adjutants tent & waited his orders which were not to parade
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with the others but to be in readiness & attend to his orders. This deponent was not therefore in the battle but was about two miles off when
adjutant had directed this deponent to wait he
order this deponent saw the battle & saw
the burning of the town of Charlestown by the British under General Gage-- The troops under command of Colonel Ward left Cambridge Common in July & went to Dorchester point where they remained till this deponents term of enlistment expired & he was discharge. - This was a written discharge given to this deponent which this deponent soon after lost. - This deponent then immediately enlisted again for two months & returned to Cambridge Commons
under Captain Barns the name of the other
officers during the said two months is not
now recollected. - after the expiration of said
two months this deponent was discharged
& returned home. - this deponent spent the whole of said two months at Fort Number two at
Cambridge Commons. -
This deponent was again called out with the
militia to go to Fort Ticonderoga sound [?] 
alarm in the month of June 1777 but before
this deponent and at that place the Fort
was abandoned by General St. Clair & the
Militia were ordered home. - this deponent
was out at this time over one month & never drew any pay or rations except six sea biscuits. -- Colonel Church had the command of the regiment the Lieutenant Colonel & Majors names are not attended
Captain Smith commanded the company
Lieutenants name not [illegible] the Ensign's name was [illegible]. - this deponent returned to the town of Brattleborough when this deponents
father had moved. - I staid at home but one night; when the militia were called out to go to meet the British who were pounding to Bennington. This deponent marched to meet
them under Captain Paddock. The Lieutenant & 
Ensigns names are not recollected Colonel
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then under Captain [illegible]
ensigns name and not collected Colonel
Jackson commanded the Regiment, this deponent did not arrive at Bennington till General Stark had defeated the British under Colonel Baum we battled at Bennington for about two weeks & then marched for Still water to join the  troops that were opposing General Burgoyn. - this deponent was at the taking of General Burgoyn but did not arrive till after the first battle was fought on the 19th of September but arrived a few days after & was on guard on
the 7th of October when the sword battle
was fought & General Arnot took the Hessians
This deponent was with the army & marched with the prisoners of General Burgoyn's army soon after the surrender & marched to Rutland
in the State of Massachusetts where we stopped 
and this deponent was discharged after remaining at Rutland awhile. -- This deponent was absent on this service for the term of about seven months -- This deponent was discharged
at Rutland but no written discharge was given. -- This deponent was several times afterward called out on alarms but, this deponent cannot now give dates & times & therefore leaves the term of his service with his discharge at Rutland
This deponent is so old & infirm that his recollection has been rather poor & the
names of officers are not as fresh in the
recollection of this deponent as the [illegible]
on which this deponent needed. - this deponent
has no documentary evidence & knows of no person except William Johnson who can testify
to this deponents service & said Johnson this deponent did not become acquainted with
till the time of the surrender of General Burgoyns
army he was then a regular soldier in the
army. - This deponent was born in Bolton
County of Worcester & State of Massachusetts
& resided there till he entered the army & in the
year 1776 this deponent's father moved to the town
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with the others but to be in readiness & attend to Brattleborough now state of Vermont it was
then New York. This deponent resided there  about twenty years then this deponent moved to 
Westford in the County of Otsego state of New York & resided there till 1815 when this deponent moved to the town of Camillus (now Van Buren) in the County of Onondaga & has resided there up to the present time. - This
deponent was born November 7th 1757 & has a record of his age in his bible which this deponent took from his father's bible which this deponent [illegible] current. -  this deponent also believes that his birth was recorded in the town Clerks office in the town of Bolton aforesaid. -- This deponent gives the names of the following persons who reside in the neighborhood with this deponent & who can testify as to this deponents Character & their belief of this deponent's service in the army of the revolution. - Alpheus Earll Charles H. Tall Esquire John Larkin Esquire David C. Lytite Gabriel Tapper Daron Isaac
Hill, Herman Warner John D. Norton Reuben Woodward Moses Rogers Benjamin Rider
he hereby relinquishes every claim whatever to a pension or an annuity Except the present & he declares that his name is not on the pension Roll of any agency in any state. -
David How
Sworn to & subscribed
the day & year aforesaid

Daniel Moseley
Circuit Judge & Vice Chancellor
[the following text is crossed out]
Mr. Benjamin Ritter & Charles H Tall resding
in the town of Van Buren County of Onondaga
State of New York hereby certify that
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We Charles H Toll & Mary Rogers residing in 
town of Van Buren County of Onondaga & State of New York likely certify that we are well
acquainted with David How who has subscribed
& 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 & that is concur in that opinion
Moses Rogers
Sworn & subscribed }
the day & year aforesaid }
Daniel Mosley
Circuit Judge
Chas H. Toll

I William Johnson do hereby certify that
I became acquainted with the above named
David How who has signed & sworn to the
above declaration at the taking of General
Burgoyn in October 1777 & he was then
a soldier in Captain Paddocks Company
this deponent was then a soldier in Captain
William Watsons Company in Colonel James
Wissons Regiment in General Leonards Brigade 
& this deponent is now a Revolutionary
pensioner & has been since soon after
the law was first passed for paying the
soldier of the revolution. -
William Johnson
his X mark
Sworn this 25th day }
of September 1832 }
Daniel Moseley }
Circuit Judge }
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I Moses How do certify that David How
who has signed & sworn to the foregoing
declaration is a brother of this deponent
who is older than this deponent, this deponent
is sixty nine years of age the 2d day of
October next. - this deponent knows of
said David How's going into the service 
at the times as he states & knows of
his return home but was not with him
in the army but believes said David How
served at the several times as above set 
forth in his said declaration which this
deponent has heard not & this deponent
knows of his being absent from home
& was reported at the times to be in the
army of the United States & further saith
deponent resides in Van Buren & State of New York
Moses How
Sworn before me this }
25th day of September 1832 }
Daniel Moseley }
Circuit Judge }
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 Moses Rogers and
Charles H. Toll who have subscribed the above certificate are credible persons and that their  statement is entitled to credit and that they live in Van Buren. and further that Moses How William Johnson who have also made
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the above affidavits is each one a credible [illegible] and that these statements is entitled to credit
Daniel Moseley
Vice Chancellor
The name of William Johnson
is inserted by me and I certify
to his credibility
Daniel Moseley
V. Chancellor
I Daniel T. Moseley Deputy Clerk of the Court
of Chancery of the Seventh Circuit for the
State of New York do hereby certify that the
foregoing contains the original proceedings of the said Court in the matter of the application of David How for a pension -.
In testimony whereof I have hereunto set my hand and seal of office this 25th day of September one thousand Eight hundred & thirty two -
Daniel J. Moseley
Deputy Clerk
I Daniel T. Moseley Deputy Clerk of the County
of Chancery of the seventh Circuit for the state of
New York do certify that the foregoing proceedings were authenticated by me according to the requirements of the pension office, this
3d day of June 1833 -
Daniel T. Moseley
Deputy Clerk
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1456
David Howe
of the Town of
Van Burn County
of Onondaga
State of New York
Pension papers
Grove Lawrence
N.Y.
Agent
Page 15

State of New York
County of Onondaga ss
Personally appeared before
me the undersigned a Justice of the peace of
the town of Camillus County & State aforesaid
David How of the town of Van Buren in said
County & to me well known & who being
duly sworn deposeth & saith that by reason
old age & the consequent laps 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 period mentioned below & in the following grades. -- for one year & six months I served as a private soldier in the war of the Revolution for the United States as a private soldier & for such service I claim a pension & during said service I was not employed in
any civil pursuit. -- I was several times called out on alarms & served at other times not set forth in my declaration but being unable to give the particular dates & the different officers under whom I record I have it with the terms set forth in my declaration before the Vice Chancellor of the State of New York on the 25th day of September
last being in all our year & six months faithful service & for which I claim a pension
David How
Subscribed & sworn to
before me this 17th day
of June 1833.-
David B. Winton
Justice of the Peace
State of New York }
County of Onondaga } ss.
I certify that David B. Winton Esquire before whom the above affidavit purports to have been sworn was at the date of the same one of the Justices of the peace in and for the said County and that I am acquainted with his handwriting and verily believe his name subscribed to the jurat of said affidavit to be his proper hand
writing and genuine signature Witness my hand and seal of Office this 1st day of June 1833
A. Edwards J. Dep. Clerk
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Revo
New York
Suspended act Jan 32
letter 17 Oct 1833
to
Grove Lawrence
let to Hon M. Taylor 19 April 36 
5287
Page 17

5287
March 2, 1878.
Rejected
David Howe
Service:
Enlisted:
Discharged:
Application filed:
Alleges:
Re-enlisted:
Attorney:
P. O.
Recognized.
Cert. of Dis. Searched for