Revolutionary War Pension and Bounty Land Warrant Application File S. 12908, James Aiken, Mass. Vt.
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Mass. 
Vt. 

Aiken, James

S. 12908

Carded
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28.114 To Albany
['Vermont' crossed out]
James Aiken of Windsor in the State of Ver who was a private in the com. commanded by Captain  [blank] of the Regt commanded by Col. Holman in the *Ver Troops line for 8 mo.
*Mass. and Vt.
Records completed Febr. 26/06 jrs.
______
Inscribed on the Roll of Ver at the rate of 26 Dollars 66 Cents per annum to commence on the 4th day of March, 1831. 
______
Certificate of Pension issued the 21 day of Feb. 1824 and Sent Hon H Everett H. of R. 
______
Arrears to the 4th of Sepr 1833 $66.66
Semi-anl. allowance ending Mar 4 34 - 13.33
$79.99
{Revolutionary Claim, Act June 7, 1832.}
Recorded by E. D. Bullock Clerk
Book E Vol. 3 Page 51
         E. 2. " 4. " 1
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Transf'd to Albany 10. Aug. '37 from 4. Sep. '36. Notif'n sent to S. A. Brown, Jamestown, N. Y.
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James Aiken
No 5452
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STATE OF VERMONT,
WINDSOR COUNTY, SS. } 
On this Ninth day of August A. D. 1832 personally appeared in open Court before the Judge of the Probate Court of Hartford District now sitting, James Aiken a resident of the county of Windsor and State of Vermont, aged eighty years, who being first duly sworn according to law, doth on his oath make the following declaration, in order to obtain the benefit of the act of Congress, passed June 7, 1832.
That he entered the service of the United States under the following named officers, and served as herein stated. That he entered the service and was out one month after Bunker Hill battle under Capt Samuel Dexter in the Massachusetts Troops - He was at New York in the year 1776 under Capt Daniel Warner in Col. Holmans Regiment and Brig. Gen'l John Fellows and was out six months at this time - His service commenced in June and was discharged in the December following - In the year 1781 He was out four months at Corinth and Bethel under Capt Green - He was in the battles of Harlem Heights and white plains and was born at Hardwick Massachusetts in the month of October 1752 -
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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. 

Sworn to and subscribed the day and year aforeaid.} L. Marsh, Register            James Aikan


We, Preston Taylor, a Clergyman residing in Darnand(?) and Leml Richmond residing in the same place, hereby certify, that we are well acquainted with James Aiken who has subscribed and sworn to the above declaration; that we believe him to be 80 years of age; that he is reputed and believed, in the neighbourhood 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 aforeaid,}
L. Marsh, Resgister.            Preston Taylor
                                               Leml Richmond

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 Preston Taylor who has signed the preceding certificate, is a Clergyman, resident in Barnana(?) and that Lurl(?( Richmond who has also signed the same, is a resident in Barnana(?) and is a credible person, and that their statement is entitled to credit. 

I, Lyndon A. Marsh, Register of the Court of Probate of the District of Hartford do hereby certify, that the foregoing contains the original proceedings of the said Court in the matter of the application of James Aikan for a Pension. 

In testimony whereof, I have hereunto set my hand and seal of office this seventh day of August A. D. 1832

L. A. Marsh, Register
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State of Vermont
Windsor County ss. Barnard in said County of Windsor October 26th A. D. 1833
Personally appeared before me, the undersigned, a Justice of the Peace within and for the County of Windsor aforesaid James Aiken 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 one month he served as a soldier, in the year 1775 and this service performed immediately after the battle of Bunker Hill the 17th day of June 1775 and in a company commanded by Capt Samuel Dexter in the Massachusetts Troops and in Col. Ebenezer Samuels Regiment and this service was performed in the vicinity of Boston - 
For six months he performed in the year 1776. For this service he enlisted into Capt Daniel Warners Company in Col Holmans Regiment and Brig. Gen'l John Fellows Brigade of the Massachusetts Troops in June of 1776 and was discharged in December following at the city of New York having performed his full tour of six months duty which was done at New York - 
For four months service which he performed in the year 1781 in the Vermont State Troops under Capt Beriah Green and this four months service was performed at the Forts at Bethel and Corinth in said State of Vermont and under orders of Gov. Chittenden of Vermont - and for the service mentioned of the performance of the services aforesaid he served with embodied corps called into service by competent
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authority. and said services were all performed in garrison, and for the time during which said services were performed he was not employed in any civil pursuit - 
The applicant knows of no witness living by whom he can prove his two first terms of service aforesaid - and that for his last term of service he sends deposition of George Cox now a Revolutionary pensioner - he also sends the deposition of Thomas Freeman as to said last term of service who is also a Revolutionary pensioner - 
/s/James Aiken
/s/George E. Wales Justice of the Peace
I certify that the above named George E. Wales is a Justice of the peace & his signature genuine
/s/H. Everett
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James Aiken
Application to be Transferred

S. A. Brown
Jamestown, N.Y.
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County of Chautauqua ss - On this 10th day of July 1837 before me, the subscriber, a Justice of the peace for the said county of Chautauqua; who on his oath, declares that he is the same person who formerly belonged to the company commanded by Captain Greene in the Regiment commanded by Colonel Childs in the service of the United States, that his name was placed on the pension roll of the State of Vermont from whence he removed in the month of October - now last past, that he now resides in the town of Ellington, County of Chautauqua aforesaid and State of New York, where he intends to remain, and wishes his pension to be payable, in the said State of New York, in future, and that his reasons for removing to the State of New York are, that about two years ago his wife died, in the town of Barnard, Windsor county and State of Vermont, in which town this deponent had lived more than forty years, that since the decease of his wife, he has lived with his son in law Lyman Norris, who then lived in Barnard aforesaid, that this deponent has no property
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and is dependent upon his pension and children for support, that said Norris and his family removed from Vermont to the town of Ellington aforesaid last fall, that this deponent came with him, that the said Norris has bought a farm in Ellington aforesaid, and calculates to reside there in future, that this deponent sill lives with him in said town, and calculates so to do as long as he lives - 
['Sworn & subscribed the day & year aforesaid Before me' crossed out] He does further swear, that he did not draw his pension which became due last March, he therefore prays that he may be transfered so as to draw said arrearage in the State of New York as well as all future instalments - /s/James Aiken
Sworn & Subscribed to this 10th day of July AD 1837, Before me. 
/s/George Swanson J.P.

Chautauqua County ss Lyman Norris of Ellington, aged fifty years, being duly sworn doth depose and say, that he has known the above named James Aikin for ['fo' crossed out] more than thirty years, that he
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well knows that he is the identical James Aikin described in the above affidavit, and also named, described and meant in a certificate issued at the War office of the United States having date the 21st day of February 1834 - and numbered 28.114
/s/Lyman Norris
Sworn and subscribed to before me, this ['day and ye' crossed out] 10th day of July AD 1837 - 
/s/George Anderson J.P. 
I George Anderson do certify that I am well acquainted with the above named James Aikin and Lyman Norris and that they are both persons of veracity.
Dated at Ellington July 10th 1837 - 

State of New York 
Chautauqua County } ss. I George W Tew clerk of said County, do certify that George Anderson Esq. was on the 10th day of July instant, a Justice of the peace as above mentioned, and that the foregoing signatures purporting to be his are genuine - 
[court seal affixed] In testimony whereof I have hereunto set my hand & Seal of office, this 18th day of July 1837
/s/G.W. Tew Clerk
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Reuhan.  12.908

INVALID.

File No. 12.908
James Aikan
Bru. Rev. Wani


Act: June 7th, 1832

Index:--Vol. ................., Page.................

[Arrangement of 1870.]
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Wait for approval from Transfer Agt. to Tr. Cir. sent July 28. '37 - Then Transfer
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No 5452
James Aikin
8 mo private
26.66
Hon H. Everett
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BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of James Aikan which require further proof or explanation. 

I. Does the declaration show where the applicant resides?

II. Did the declarant make the declaration in the county where he resides?

III. If the applicant did not make the declaration in the county where he resides, is there any reason assigned for his not doing so?

IV. Has the declarant mentioned the period or periods of the war when he served?

V. * Has he mentioned 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?

VI. Has he given the names of the officers under whom he served, in conformity with the regulations?

VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832?

VIII. Has the Court given their opinion?

IX. Has the Clerk given his certificate?

X. Is the Clerk's seal affixed? And if so, has it a device or inscription by which it can be distinguished from any other seal?
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XI. Has the applicant obtained the evidence of a clergyman and another respectable citizen as to their belief respecting his age and the general belief in his neighborhood relative to his revolutionary service?

XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it?

XIII. If the applicant has no documentary evidence, and has not obtained the testimony of at least one living witness, has he stated in his declaration that such proof cannot be had? No. 

XIV. If the applicant's name is not found on the rolls of military service, has he produced a witness or witnesses as to his service?
If he has produced direct proof as to service, has the magistrate who administered the oath, certified to the credibility of the witness or witnesses?
Has the proper officer certified to the official character and signature of the magistrate as the regulations direct?

XV. Does it appear from any of the papers that the witness was in such a situation, or of such an age, as to have a personal knowledge of the applicant's service?

XVI. Are the papers authenticated as the regulations direct?

XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? No. 
If not, which of them is not so answered?

EXPLANATORY NOTES.

*QUERE V. 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. . 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 _____ year_________months, and _______days, I served as a __________ For _________ months and _________ days, I served as a _______; and for such service I claim a pension.
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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 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 shewn 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. 

QUERE XIV. 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 claimants 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 office, under his seal of office. 

QUERE XVI. 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 paper 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. 
--> In every case where the clerk of the court, or other certifying officer, 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. 

Im --------- this claim a more detailed amount of each tour of service should be given.
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July 20
[postmark: JAMESTOWN N.Y. JUL 20]
FREE
Hon James L. Edwards
Com. of Pensions
City of Washington
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Jamestown, Chautauqua co. N.Y.
July 19. 1837 - 

Hon James L. Edwards - 
Sir - 
Enclosed I send you the application of Mr. James Aikin to be transfered from Vermont to the New York Agency - The War office sent me a printed form a number of years ago, which I have now used, if there is any alteration in the form I hope you will send one to me - 
I see that the Justice has put in his name and filled up the date to the certificate, but has not signed it, I presume it proceeded from the negligence of the Justice - 
Mr Aikin did not draw last March - I hope you will send a transfer to take effect, so that he can draw his arrearages, as well as in future - 
Yours Very Respectfully
/s/Sam'l A. Brown
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I Peter Foster of Barnard in the County of Windsor and State of Vermont of lawful age do testify and say - That I am well acquainted with James Aikens of Barnard aforesaid and that I was a Soldier with said Aikens in the Vermont Troops under the command of Cap't Beriah Green - We enlisted into the service in December in the year 1781 under said Capt Green for four months and that said Aikens did perform the whole period of said term of enlistment, except some four days - when we were discharged - I should not think it was much over a week before our Term was out when we were discharged - 
/s/Peter Foster
State of Vermont
Windsor County ss Barnard Nov. 21. A.D. 1833
Then Peter Foster personally appeared and made solemn oath that the foregoing affidavit by him subscribed contains the truth and nothing but the truth - 
Before me /s/George E. Wales Justice of Peace
I certify that the above named Geo. E. Wales is a Justice of the peace & his signature genuine
/s/H. Everett