Revolutionary War Pension and Bounty Land Warrant Application File S. 16782, Jonathan Elston, New Jersey
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New Jersey
Elston, Jonathan
S. 16782
carded
This envelope includes Final Payment Voucher
Received from GAO
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Let to Pen. Agent, May 3, 1837
Order to pay--4 Dec 1837

Letters to Hon A G Harrison & 3d
Auditor 23 Feb 1839.

Paid at the Treasury under the Acts of the 6th April 1838 from 4 March 1835 to 4 March 1838
Agt notified 4 [crossed out--April] March 1838.

Paid as above from 4 March 1838 to 4 March 1839.  Agt notified 7 Decr 1839

Date of death not on A.B. 

Missouri 25791
Jonathan Elston 25791
of Chariton Co in the State of Mississippi who was a Crp [illegible] in the Company commanded by Captain Bibbell of the ____________ commanded by ___________ in the New Jersey [illegible] Militia ______
6 [illegible] pr $20.00

Inscribed on the Roll of Mißouri [sharp s--double s] at the rate of 20 Dollars _____ Cents per annum to commence of the 4th day of March, 1834.

Certificate of Pension issued the 6th day of Janr and Sent to [illegible] Hon John Bull, Ho of Rep 

Arrears to the 4th of Sept 1833--50.00
Semi-ant allowance ending 4 March '34 10.00
                                                                $60.00
Revolutionary Claim, 
Act June 7, 1832.

Recorded by John Feckprague [illegible] Clerk
Book E Vol 8 Page 81
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State of Mißouri [sharp s--double s]
County of Chariton
On this twenty third day of July in the year of our Lord one thousand Eight hundred and thirty three Personally appeared before the Justices of the county court of said county Jonathan Elston Resident of said county, aged Seventy years, who being first sworn according to laws doth on his oath make the following declaration in order to obtain the benafit [sic] of the provisions made by the act of Congreß [sharp s--double s] passed the seventh day of June 1832.  That he entered the service of the United States under the following officers and served as herein Stated---- Your claimant entered the Service as a private under Capt. George Rebbell in the Month of October 1779 in the county of Sussex and state of New Jersey and marched to Minisink on the delaware River Stationed at the Silas Westbrooks fort, where I remained untill [sic] the last of December.  Makeing [sic] Three Months.  This was then a frunteers [sic] settlement in said State.  And we were Stationed here to guard the Settlers from the attacks of Indians.  I didnot [sic] Receive a written discharge nor is there any person liveing [sic] in this country by whom I can prove my service.  Nor have I any documentary Evidence by which I can prove the same----
I Served one other Tower [sic] of three Months in the year 1781.  I entered the Service as a private under Capt James Burell in the County of Sussex in the State of New Jersey about the first of October and served three months on the Delaware River at a place called Peter Fernoys Station. this was also to guard the Fronteers [sic] from the attacks of Indians.  I recieved [sic] no written dicharge & but was verbally discharged on the 16th day of December in said year--nor have I any other documentary Evidence by which I can prove My Services, nor is there any person in the country by whom I can prove Said Services.  And your claiment [sic] do hereby Relinquish all claims for a pension or annuity except the
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present and declare his name is not on the pension Role [sic] of any agency of any state --Jonathan [crossed out--Elston--crossed out].
Sworn to and subscribed in open court this 22d day of July 1833.
Edward B Cabell Clerk

The above named Jonathan Elston haveing [sic] Stated to the court that he has no documents in his possession to prove his Services and that he knows of no witness whereby he can prove the same, Requested that the court call upon Robert Weddle + John Llewellyn Respectable Inhabitants of said county of Chariton for evidence of his character, whereupon Robert Weddle + John Llewellyn was called in to court who in open court before the Judges thereof after being first sworn as the law directs signed and delivered the following certificate To wit that from their knowledge of the above named Jonathan Elston for several years they are authorized to say that they believe him to be a man of good character and of strict veracity. And that they believe he is the age he Represents him Self to be.  And that he is Respected and believed in the neighbourhood [sic] to have been a Revolutionary Soldier.  And that they concur in that opinion
Sworn to and Subscribed in open court on this 23d July 1833
John L Llewellyn
his
Robert X Weddle
mark
Edward B Cabell clerk
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State of Missouri, County of Chariton cp

Edward B Cabell clerk of the County Court within and for the county of Chariton in the State of Missouri aforesaid do hereby certify to the War department of the United States at the City of Washington that it is the opinion of the  court that the above named Jonathan Elston the applicant, is a man of Honor and Veracity, that they believe his declaration as above made to be true; and John L Llewellyn and Robert Weddle to of the near neighbours [sic] an each men of good Characters and much respected and that full faith and credit is due and ought to be given to the declaration above written as well as the affidavit set forth and thereto annexed

In Testimony whereof I have hereunto set my hand and seal of office, in open court, at Keytesville the County Seal, on this twenty third day of July in the year of our Lord Eighteen hundred and thirty three

Edward B Cabell clerk
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Rev. act 7 Jun Jonathan Elston

FINAL PAYMENT VOUCHER
Received from GAO
St. Louis, Mo
2nd [illegible] 1835
Box - 7
Chalk - 311
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State of Missouri
Chariton County
Be it known That before me, William Penick a Justice of the Peace in and for the County aforesaid, personally appeared Jonathan Elston and made oath in due form of law, that he is the identical person named in an original certificate in his possession, of which (I certify) the following is a true copy:--
War Department,
Revolutionary Claim.
I certify, That in conformity with the law of the United States, of 7th June 1832, Jonathan Elston of the State of Missouri, who was a Private in the Army of the Revolution, is entitled to receive twenty Dollars and _____ Cents per annum during his natural life, commencing on the 4th of March, 1831, and payable semi-annually, on the 4th of March, and on the 4th of September, in every year.
EXAMINED AND COUNTERSIGNED.  Given at the War Office of the United States, this 6th day of January one thousand eight hundred and thirty four
J.L. Edwards, Com'r of Pensions.
Lew Cass, SECRETARY OF WAR.
THAT he now resides in Chariton County Missouri and has resided there for the space of five years past; and that previous thereto he resided in Montgomery County State aforesaid.
Jonathan Elston
Sworn and subscribed this fourth day of March 1835 before me William Penick J.P.
---------
NOTE--The above deposition must be signed by the deponent.
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Know all men by these presents, That I, Jonathan Elston of Chariton County, State of Missouri, a Revolutionary Pensioner of the United States, do hereby constitute and appoint James Keyte my true and lawful Attorney, for me, and in my name, to receive from the Agent of the United States for paying Pensions in St. Louis, State of Missouri, my Pension, from the 4th of March 1834 to the 4th of March 1835
Witness my hand and seal, this fourth of March 1835
Jonathan Elston
Sealed and delivered in the presence of 
William Penick

State of Missouri,
                           SS
Chariton County,
Be it Known, That on the fourth day of March 1835 before the subscriber, a Justice of the Peace in and for said County, personally appeared Jonathan Elston above named and acknowledged the foregoing Power of Attorney to be his act and deed.  In testimony whereof, I have hereunto set my hand, the day and year last above mentioned.
William Penick J.P.

State of Missouri,
                            SS,
Saint Louis County,
Be it Known, That on the Sixth day of April 1835 before the subscriber, a Justice of the Peace in and for said County, personally appeared James Keyte the Attorney named in the foregoing Power of Attorney, and made oath, that the same was not given him by reason of any sale, transfer, or mortgage of the Pension, therein authorised [sic] to be received by him.
Sworn and subscribed, the day and year last above mentioned, before me
James Keyte
D. Hough J.P.
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FINAL PAYMENT VOUCHER
Received from GAO
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Office Bank United States
St. Louis, April 7th 1835 RECEIVED of J O'Fallen Agent for paying pensions, twenty dollars _____ cents, being for twelve months pension due to Jonathan Elston from the 4th day of March 1834 to the 4th day of March 1835 for which I have signed duplicate receipts.
Jon. Elston
by his Attorney
James Keyte

$20------
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[printed form with handwritten entries]
REVOLUTIONARY WAR RECORDS SECTION.  3-525
DEPARTMENT OF THE INTERIOR,
BUREAU OF PENSIONS.
Washington, D. C., [blank line], 19 [blank line]
In reply to your request of [blank line], received [blank line] for a statement of the military history of Jonathan Elston a soldier of the REVOLUTIONARY WAR, you will find below the desired information as contained in his ("or his widow's" crossed out)] application for pension on file in this Bureau.  S.F. 16782
[table with handwritten entries, column headings] DATES OF ENLISTMENT OR APPOINTMENT. | LENGTH OF SERVICE. | RANK. | OFFICERS UNDER WHOM SERVICE WAS RENDERED. [subdivided into two columns] CAPTAIN. | COLONEL. | STATE.
Oct. 1779 | 3 mos | Pvt | George Ribble | -- | N.J.
Oct. 1781 | 3 mos | Pvt | James Bonnel |  | 
Battles engaged in, None
Residence of soldier at enlistment, Enlisted in Sussex Co NJ
Date of application for pension, July 23, 1833. His claim was allowed.
Residence at date of application, Chariton Co. Mo.
Age at date of application, 70 years.
Remarks:  there is no family data ["on file" crossed out]
Respectfully, Commissioner.
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State of Missouri, County of Chariton ss
I Edward B Cabell Clerk of the County Court within and for the County & State aforesaid, Do certify that William Penick Esqr whose name is subscribed to the forgoing certificate, is now and was at the time of so subscribing the same an acting Justice of the Peace within and for said County, duly commissioned and qualified according to law. And that full faith and credit is due and ought to be given to all his official acts as such, as well out as within said County & State
In testimony whereof I have hereunto set my hand and seal of office at Office on this sixteenth day of May in the year of our Lord Eighteen Hundred and thirty four  [signed] Edward B Cabell Clerk
[seal affixed to the left]
[stamped] FINAL PAYMENT VOUCHER Received from GAO
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March 28, 1932    BA-J/AWF

Mrs. W. B. Mills
174 N. Maple Avenue
Ridgewood, New Jersey

Dear Madam:
    Reference is made to your letter requesting information in regard to Jonathan Elston a soldier of the Revolutionary War.
    The data contained herein are obtained from the papers on file in pension claim, S 16782, based upon the Revolutionary War service of Jonathan Elston.
    He enlisted in Sussex County, New Jersey, some time in October, 1779 and served three months as private in Captain George Ribble's New Jersey company. He enlisted some time in October 1781 and served three months as private in Captain James Bonnel's New Jerry company.
    He was allowed pension on his application executed July 23, 1833, at which time he was living in Chariton County, Missouri, and was seventy years of age.
    There are no data as to his family.

In  order to obtain the data of last payment of pension, the name of person paid, and possible the date of death of the Revolutionary War pensioner, Jonathan Elston (S 16782),  you should apply to the Comptroller General, General Accounting Office, Records Division, Washington, D.C. citing all of the following data-Jonathan Elston, Certificate number 25791, issued January 6, 1834, rate $20.00 per annum, commenced March 4, 1831, Act of June 7, 1832, Missouri Agency. Very truly yours A. D. HILLER Assistant to Administrator
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Rev.&1812 Wars Section
AWF:MLB
Mrs. James H. Barns
116 Elizabeth Street
Moberly, issouri

Dear Madam:

You are advised that you were furnished October 29, 1930, the full ["full" underlined] history of Jonathan Elston, S 16782.
 The Act of June 7, 1832 required the soldier to prove six months service in a regularly organized military corps.
Very truly yours
E. W MORGAN
Acting Commissioner
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Rev. and 1812
Wars Section
AWF:MLB
October 29, 1930

Mrs. James H. Barns
116 Elizabet Street
Moberly, Missouri

Dear Madam:
    You are advised that it appears from the papers in the Revolutionary War pension claim, S. 16782, that Jonathan Elston enlisted in Sussex County, New Jersey in October, 1779 and served three months as private in Captain George Ribble's New Jersey company.  He enlisted in October, 1781 and served three months as private in Captain James Bonnel's New Jersey company.
   He was allowed pension on his application executed July 23, 1833, at which time he was living in Chariton County, Missouri and was aged seventy years.
    There are no data as to his family.

Very truly yours
E. W. MORGAN
Acting Commissioner
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Ridgewood New Jersey Feb 23. 1932
office of Pension Dept.
Dear Sir,
I am writing for information of one of the Revolutionary soldiers listed in History of Sussex and Warren County New Jersey written by Snell, Page 17. Of about one thousand men from Sussex Co. soldiers in Contintal army and state millitia, Captain Bonnells Company. Name Jonathen Elston.
Have heard that this man was pensioned on one of the western, or middle western, states, have no date of when he received this pension or of which state, would like date of same also date of birth name of wife or any children other information you can give me anything concerning this soldier will be greatly appreciated.  Truly yours 
Mrs W. B. Mills
174 N. Maple Ave.
Ridgewood New Jersey

[stamped "Received Feb 24 1932 Pension files (illegible)]
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MRS. JAMES H. BARNS
116 ELIZABETH ST.
MOBERLY MO
Dec 1. 1930
Bureau of Pensions 
Washington DC

Mr. E. W. Morgan.
Dear Sir. I had a letter from you Oct 29 signed AWF:MLB in answer to my inquiry about the Rev. pensioner Jonathan Elston S16782. You gave me quite a bit of helpful information but did you tell me all? Some pension papers I have gives some times the father and birth place, also the places he settled in his migration from colonies back to Mo. Is any of this given in Jonathan Elston's paper? Besides this, will you please tell me what entitled a Rev. veteran to a pension about 1830? We have two Rev. veterans
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buried in this county who did not get pensions and we wonder why.
One of these I cannot get his services verified in Washington though local history said he was in the Revolution.
Thanking you for help past and future
yours sincerely Cora N Barns.
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MRS. JAMES H. BARNS
116 ELIZABETH ST.
MOBERLY, MO

October 12, 1930
Bureau of Pensions
Washington D.C.
Dear Sirs -
Will you please give me all the personal information in the pension paper of Jonathan Elston New Jersey Militia. Revolution War. about his services, life + family if any 
He is buried in this vicinity and we want to locate his grave and descendants.
Thanking you very much for your information
Cora N Barns (Mrs. J. H. Barns)
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Bloomsburg, Pa. Dec. 8. 1914
U.S Commissioner of Pensions. Washington D.C.
Dear Sir:-Will you kindly supply me with data concerning the following New Jersey soldiers in the Revolutionary War - in case same or widows drew pensions. 1st Jonathan Elston or Elstone. 2nd  Josiah Elston or Elstone. 3rd Eli Elston or Elstone Thanking you for your courtesy. Yours truly Miss Elva Girton.
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[2 columns]
[1st column]
16,782
INVALID.

File No. 16782
Jonathan Elston
Priv Rev War

Act:  June 7" 32
Index:-Vol. 1, Page 113
[Arrangement of 1870]
_____________________________________________

[2nd column:]
1914 Dec 9: history to Miss Elva Girton. M.B.H. 1930-Oct. 29 - Hist to Mrs. James H. Barnes [illeg]
1930-Dec. 10 Mrs. J. H. Barns udr. fur. full list any.
__________
932 - mch.28 - hist to Mrs. W. B. Mills [illeg]
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[Written on the left side margin: "This Certificate required, where a Pensioner has neglected to claim his Pension for one year or more."]
B.
{State of Missouri Chariton County} ss.
Dated this 4th day of March 1835
I, William Penick a Magistrate in the County above named, do hereby testify, that I have the most satisfactory evidence (*) by my own personal knowledge that Jonathan Elston who has this day appeared before me, to take the oath of identity, is the identical person named in the Pension Certificate which he has exhibited before me, numbered [left blank]       and bearing date at the War Office, the sixth day of January 1834 and signed by Lew Cass Secretary of War.
GIVEN under my hand, at Keytesville on the day and year above written. William Penick J.P.
_________
(*) Here state what the evidence in: whether personal knowledge, or the affidavits of respectable persons giving their names.
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Pension Agency, Saint Louis Nov. 21, 1837.

Sir, I enclose for examination the Pension papers for Jonathan Elston, whose stipend appears unpaid since fourth March 1835. and am very respectfully, Your Obedt. Sevt. 
Wm. C. Anderson
J. L. Edwards Esq Comm. of Pensions City of Washington
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Jonathan Elston mo  7 June 1832 $20

For what time last paid
Pension Office 4 Decr 1837

To the 4th March 1835 
Third Aud. Office
Decr. 4th. 1837

A. Hyde
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TREASURY DEPARTMENT.
     Second Comptroller's Office, February 26h, 1839.
Sir:
Under the act of the 6th of April 1838 entitled "A act directing the transfer of money remaining unclaimed by certain Pensioners, and authorizing the payment of the same at the Treasury of the United States," Jonathan Elston, a Pensioner on the Roll of the Missouri Agency, at the rate of Twenty Dollars and _______Cents per annum, under the law of the 7th June, 1832, has been paid at this Department, from the 4th of March 1835, to the 4th March, 1838.
Respectfully yours, Albion K. Parris Comptroller.
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TREASURY DEPARTMENT, Second Comptroller's Office, Nov: 27, 1839
Sir:
Under the act of the 6th o April, 1838, entitled "An act directing the transfer of money remaining unclaimed by certain Pensioners, and authorizing the payment of the same at the Treasury of the United States," Jonathan Elston, a Pensioner on the Roll of the Missouri Agency, at the rate of Twenty Dollars and ______ Cents per annum, under the law of 7th June 1832, has been paid at this Department, from the 4th of March 1838, to the 4th March 1839.
Respectfully yours, Albion K. Parris Comptroller
To the Commissioner of Pensions, Present.
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[ on left hand side margin: "Commissioner of Pensions"]

28.6.49
Jonathan Elston Missouri

Adm. 6 Months  $210
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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 show 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 you return your papers to this Department, send this printed letter with them; and you will, by compiling with this request, greatly facilitate the investigation of your claim.

Table below entitled "A Statement, shewing the Service of"

[Shown:  6 columns. Under the 2nd column entitled "Duration of he claimant's service."  the following three columns:  Years.| Months| Days

1st column: Period when the service was rendered.
2nd column: Duration of the claimant's service. (3 sub columns described above)
3rd column: Rank of the claimant.
4th column: Names and rank of the Field officers under whom he served.
5th column: Age at present, and place of abode when he entered the service.
6th column: Proof by which the declaration is supported.
[End of table]
I am, respectfully, Your obedient servant, JAMES L. EDWARDS, Commissioner of Pensions.
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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 he 7lth of June, 1832.
State, Territory, or District of County of }ss. On this      day of      personally appeared (a) before A.B. a resident (b) of      in the county of      and State, Territory or District of      aged (c)     years, who being first duly sworn, according to law, doth on his oath make the following declaration, in order to obtain the benefit of the provision made by the act of Congress, passed June 7th, 1832. That he enlisted in the Army of the United States in the year (d)     , with      and served in the      (e) regiment of the     line, under the following named officers:
[Here set forth the names and rank of the Field and Company Officers; the time he left the service; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers:) the town or county and State in which he resided when he entered the service; the battles, if any, in which he was engaged, and the country through which he marched. [icon of pointing hand] 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 seal of office (i) this     day of        &c.
If, on examination of the proper record, the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out.
  Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz:
(k) We, A. B., a Clergyman, residing in the       and C. D. residing in (the same) hereby certify, that we are well acquainted with        , who has subscribed and sworn to the above declaration; that we believe him to be     years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.
  Sworn and subscribed the days and year aforesaid.
{And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears io 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 hat the foregoing contains the original proceedings of the said Court, in the matter of the application of     for a pension. 
In testimony whereof, I have hereunto set my hand and seal of office, this day of       &c.
Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these an 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 acts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his
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3
alleged service, as they are known at the Department.  A very full account of the services of each person will be indispensable to a favorable action upon his case.  The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be expected.  All applicants will appear before some Court of Record in the County in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.
The Court will propound the following (m) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.
1.  Where and in what year were you born?
2.  Have you any record of your age, and if so, where is it?
3.  Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?
4.  How were you called into service: were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom?
5.  State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services.
6.  To a Soldier.  Did you ever receive a discharge from the service, and if so, by whom was it given, and what has become of it?  To an Officer.  Did you ever receive a commission, and if so, by whom was it signed, and what has become of it?
7.  State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution.
The Court will see that the answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant.
The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons - one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion.  If one of these persons is a Clergyman, the Court will so certify, and they will also certify to the character and standing of other persons giving such certificates.
The traditionary evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party,  And the Courts are requested to be very particular in the inquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
Applicants unable to appear in Court, by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court.
Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the Peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature.
No payments can be made on account of the services of any person, who may have died before the 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.
[footnotes]
(a) The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance.
(b) The declarant must make his declaration in the county where he resides.  If he should fail to do so, he must assign a sufficient reason for not conforming to the rule.
(c) The age of the claimant must invariably be mentioned.
(d) The declarant must mention the period or periods of the war when he served.
(e) Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had.  Every claimant must state, with precision, the length of his service, and the different grades in which he served, in language so definite as to enable the Department to determine to what amount of pension he is entitled.  In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively 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 [blank} year [blank] months, and [blank] days, I served as a [blank].  For [blank] months and [blank] days, I served as a [blank]; 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 ["three or four months" in italics], is too indefinite, and all such qualifying expressions are objectionable.  Some persons who apply for pensions merely state that they served two years in the militia, &c. without specifying the tours, the names of the officers, and other particulars respecting their service.  This form of a declaration is highly objectionable.  It must, in every case, be clearly shown under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
(f) The law makes the relinquishment indispensable.
(g) The opinion of the Court is always required.
(h) The Clerk must give his certificate in every case.
(i) The Clerk must affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he has no public seal of office, the certificate of a Member of Congress, proving the official character and signature of the certifying officer, should accompany the papers.
Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other papers authenticated, the certificate must be stitched 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 the 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.
[hand icon with finger pointing to the right] The notes from (a) to (i) are all equally applicable to the cases of Militia men, Volunteers and State Troops.  The proof required by rule in note (j) applies to continental troops only.
(k) This traditionary evidence is indispensable in militia cases.
(l) If a witness cannot be found, the declarant must state the fact.
(m) The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.