Revolutionary War Pension and Bounty Land Warrant Application File R. 6444, for Gamaliel Loomis, Connecticut
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SERVICE
Conn.
Loomis, Gamaliel
NUMBER 
R.6444
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d. m
3/
Leman Gibbs Esq.
Livonia
[crossed out]
N.Y.
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WAR DEPARTMENT,
Pension Office,
May 30 1833

Sir: 
The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in 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. 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 Gamaliel Loomis Livingston County

[column headings: 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. Place of abode when he entered the service, and age at the present period. Evidence by which the declaration is supported.]

drafted March | private | Cole Wells | [illegible] | Middle Haddam Connecticut | 73 years | Traditional |
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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 Keeps, &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 person 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 claim-ing the benefit of this law as officers, non-commissioned officers, mucicians 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 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 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. 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 opinon.
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 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 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 of 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 applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction.
If such surviving witness can be found, the applicant will so state in his declaration, (l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his alleged service, as they are known at the Department. A very full account of the services of each person
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will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case. 
The Court will propound the following (m) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.
1. Where and in what year were you born?
2. Have you any record of your age and if so, where is it?
3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?
4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom?
5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services.
6. To a Soldier. Did you ever receive a discharge from the service, and if so, by whom was it given, and what has become of it?
To an Office. 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.

[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 - year - months, and - days, I served as a -. For - months and - days, I served as a ; and for such services I claim a pension."
It is important, in all cases, to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months, is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state that they served two years in the militia &c. without specifying the tours, the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must, in every case, be clearly shown under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
[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 place 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 is 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.
John A Ashton
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Gamaliel Loomis
Declarations
22859
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State of New York
County of Livingston On this 28th day of September 1832 personally appeared in open court before the County Court of Livingston County aforesaid now sitting Gamaliel Loomis a resident of the town of Livonia in the said County ^ aged 73 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 in the month of April don't know but in March a Regiment of Militia was called out can't recollect the year commanded by Colo Hezekiah Willis of the town of old Hartford - Major Clark was a major of the Regiment and also had the command of the company to which he belonged - That the Regiment was stationed at Middle Haddam in the state of Connecticut and employed in cutting [illegible] and other materials for making a Fort and was understood 
That while they were thus employed the British appeared off the mouth of New London River and the Regiment marched to New London and remained there until he was discharged keeping guard - scouting - protecting property and watching the movements of the enemy & Tories - Boats from Nepals were often landed in the night for the purpose of carrying off cattle & other property - One ^ time when he was placed with others upon the beach as a guard two boats loaded with men approached the shore and were fired upon by the guard and driven back and the next morning 17 of them were found upon the beach and a number of them were recognized by the inhabitants having gone to the
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British - Continued at New London until the month of September or October and was discharged - having served six months
That he was drafted in the militia and stationed at Fort Trumble and employed in repairing the same item near or back part of it - can't recollect the year in the months of September October & November to the best of his recollection having served two months - Colo Lidyard was frequently there and had some superintendence of the repairs as he understood - 
That he was again drafted and stationed at the same place and employed in the same way for one month
That he was out in several alarms a week at a time and at the time New London was burnt had several skirmishes with the enemy out 8 days - was an enlisted minuteman for one year - frequent alarms a week at a time & having in all ten months (at least)
Was born in Kent in Litchfield County state of Connecticut in the year 1759 - 
As the time he entered the service aforesaid at Old Lebanon in Connecticut
That he entered the service as above recited
That since the revolution he has lived in New Hampshire in the town of Hanover that he has lived in Livonia in the County of Livingston aforesaid where he now lives for 20 years past
That he has no documentary evidence and states he knows of no person who can procure to testify to his service - 
He freely relinquishes every claim to a pension or annuity except the present and declares that his name is not on the pension roll
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of any agency of any State - Gamaliel Loomis
Sworn to & subscribed the day and year aforesaid

We Ruel Blake Esq and John Van Fossen residents of the town of Livonia in the County [crossed out] of Livingston aforesaid hereby certify that we are well acquainted with Gamaliel Loomis who has subscribed and sworn to the above declaration that we believe him to be 73 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 - and that we have never heard the correctness of said opinion questioned
Subscribed & sworn the day & year aforesaid - 
John Van Fossen
Ruel Blake

And the said Court do hereby concur thus opinion after the investigation of the matter and after putting the interrogatories presented by the War department that the above named applicant was a revolutionary soldier and served as he states - And the said Court do further certify that it appears to them that John Van Fossen & Ruel Blake Esq who have signed the foregoing certificate are both residents of the town of Livonia aforesaid and are credible persons and that their statement is entitled to credit -

I Chauncey R Bond Clerk of Livingston County Courts do hereby certify that the foregoing contains the original proceeding of the said court in the matter of the application of Gamaliel Loomis for a pension.
In testimony whereof I have hereunto set my hand and seal of office this 31st day of October 1832
C.R. Bond Clerk
by S.G. Haven Dep. Clk
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State of New York
County of Livingston SS
On the 17th day of September 1832 before me Leman Gibbs a Judge of Livingston County Courts appeared Jesse Blake and Ruel Blake residents of the town of Livonia in the County aforesaid who being first duly sworn do severally say that they have been acquainted with Gamaliel Loomis a resident of the town of Livonia aforesaid and that they have been acquainted with him for twenty years and we believe he is seventy three 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 they severally concur in that opinion - 
Sworn & subscribed the day and year first above written 
Jesse Blake
Ruel Blake
Sworn & subscribed this 17th September 1832 
Before me
Leman Gibbs a Judge P.C.

Livingston County SS
I certify that Leman Gibbs who took the foregoing affidavit was at the date thereof a legally authorized Judge of Livingston County Courts and that I know his name as it appears to the Law is his own proper hand writing & signature
Witness my hand and seal of office this 31st day of Oct. 1832
Chauncey R Bond clerk of Livingston County
by S.G. Haven Dept. Clk
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State of New York
Livingston County SS.
Personally appeared before me the undersigned a Judge of Livingston County Gamaliel Loomis 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 up thru the Periods mentioned below and in the following grades - That under the command of Colo. Willis and stated from his declaration he served at least 6 months. cannot recollect the year but served as he stated in his declaration - That he served in repairing Fort Trumbull at last 2 months at one time and at another one month at least beside a great many times in alarms &. c. - but has no memory of ascertaining nor can he recollect the year nor times except what he has stated - and from further that he has by the assistance of his friends and upon the Canal been to Vermont where the individual now ^ resides whose affidavits are hereto attached for the purpose of ascertaining with more certainty the time of his serving but has been ^ unable to get any more than will be found in said affidavits and that he knows of no other source from where he can gain any more proof of this service - he is old and decrepit and no property and has rendered at least nine months service exclusive of alarms &.c. for which I claim a pension - said service rendered as private - Gamaliel Loomis
Sworn and subscribed this 7th day of October 1833
Before me Leman Gibbs a Judge of Livingston County Courts
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I certify that I have ^ been acquainted with Gamaliel Loomis named above for the span of about 20 years and even understood that he was a soldier of the Revolution and I have no doubt that he served as he states altho he cannot be as explicit as could he wished - but I have always observed that the old soldiers are generally correct as to the time of their service and yet are unable to tell the year or the time of the ^ year they served unless it was ^ by some circumstance that around when they were in service - some battle they was in or victory ^ won or the situation of [illegible] on.
Conn. Harvest -
Witness of my hand this 4th day of October 1833
Leman Gibbs a Judge of Livingston County Courts

State of New York
Livingston County SS
I certify that Leman Gibbs before whom the within affidavit of Gamaliel Loomis purports to have been sworn and also whose signature appears to the above certificate was at the date thence a legally authroized Judge of the County Courts of said County. And that his name to the said certificate and to the part of the said affidavit is his own proper hand writing & signature
Witness my hand an seal of office this 2nd of January 1836
Chanucey R Bond Clerk of Liv. County
By S. G. Haven Dep Clk
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I David Lyman of Norwich in the County of Windsor State of Vermont man in my 73 year do testify & say that I am well acquainted with Gamaliel Loomis who resided in Lebanon Connecticut a near neighbor to me during the revolutionary war & who now resides as I understand in the Town of Livonia County of Livingston State of New York his now present for the purpose of getting evidence to obtain a pension. That some time near the start of the Revolutionary War, the year I do not recollect, a Regiment of Troops was called for in the County of Windham in the State of Connecticut (whether they were called State Troops or Militia I do not certainly recollect. Each Town I think was required to furnish a certain quota of men for the purpose it was said of going out to Long Island. That I & the said Gamaliel Loomis volunteered & enlisted into the same company & were in the same tent & were together during the campaign - Our first station was at Middle Haddam in Connecticut & were then employed in culling as cines for the purpose it was said of erecting [illegible]works on Long Island - as were then ordered to New London where we were stationed some time & employed in keeping guard & doing other military duty. We next went to Mohegan between Norwich & New London. & afterwards marched to Pawketonich where we paid out our time & were discharged sometime in the fall after cold weather began to come on. I knew it was after Garden sauce was fully ripe & fit to be gathered in - thought I do not recollect the month. And I can not recollect the exact time we enlisted though I know it was quite the fore part of the season. neither can i recollect the precise time that we served. I know was out through the season. & I cannot recollect the names of any of the officers Except a Major Clark who was our officer - That I well recollect that we Loomis - myself enlisted at the same time the regiment to which we belonged was raised that we were together through the whole campaign doing military duty as private soldiers & were dismissed at the same time the Regiment was discharged
David Lyman
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State of Vermont
Orange County SS
I Simeon Short justice of the Peace within the said Orange County do hereby certify that David Lyman who has subscribed the foregoing deposition personally appeared before me this 13th day of Sept 1833 - [crossed out] was duly sworn to the same & I also certify that he is a credible witness -
Simeon Short Justice of the Peace

State of Vermont
Orange County SS
I Harry Hale Clerk of the County Court of the County and State aforesaid do hereby certify that Simeon Short isa Justice of the Peace in and for the said County, duly commissioned and qualified - That his commission was dated on the 9th day of November 1832 and will expire on the 30th day of November 1833. and that his signature above written is genuine.
In testimony whereof I hereunto set my hand and the seal of said County Court at Chelsea in said County, this 14th day of September A.D. 1833
Harry Hale, Clerk.
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State of Vermont
Orange County SS
I Harry Hale, Clerk of the County Court of the County and State aforesaid, do hereby certify that Noah Paine is a Justice of the Peace in and for said County duly commissioned and qualified. That his commission was dated on the 9th day of November 1832 and will expire on the 30th day of Nov. 1833 and that his signature within written is in my opinion genuine.
Given under my hand and the seal of said County Court at Chelsea this 18th day of September A.D. 1833
Harry Hale Clerk.
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I Philomela Lyman now of Brookfield in the County of Orange and State of Vermont aged seventy three years testify and say that during the Revolutionary War I resided in the town of Lebanon in the State of Connecticut and that my brother Gamaliel Loomis then resided in my Father's family and I well recollect that he went into the military service several different times and once was gone as I verily believe as much as six months but I am not positive in what year it was but recollect that the longest time was a while before the burning of New London, the other times were shorter periods and before New London was burnt, I should think that my said Brother was out in his country service in all according to my memory as other time than the six months four or five months more. I also remember he went to N. London at the time it was burnt. When all turned out who was able in the place where we resided but they were mostly back in a few days. I am not positive as it respects dates but know my Brother Gamaliel performed the service or was out & said to be in the Army previous to my marriage to Richard Lyman which was in the year 1781 - and further saith not -
Philomela Lyman

State of Vermont
Orange County SS
I Noah Paine Justice of the Peace hereby certify that Philomela Lyman personally appeared before me this 17th day of September 1833 and subscribed the foregoing affidavit oath to the truth hereof in from law. and [crossed out] certify that the said deponent is a credible witness.
Noah Paine Justice of Peace
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David Lyman Notary June 1832
for March 18, 1878 supposed to be on the roll 
June 13
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[crossed out]
1444. REJECTED
Gamaliel Loomis
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[Blank page with a black rectangle on it]
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James L. Edwards, Esq.
Commissioner of Pensions,
Washington

Imat June 12
Michn
Gamaliel Loomis

Hon J. Norvell
Senate U.S.
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Washington, June 10, 1838

Sir,
Gamaliel Loomis, now in the poor house in Wayne County, Michigan, is supposed, as you will see by the within letter, to be entitled to a pension as a revolutionary soldier. No proof of his title are also supposed to have been forwarded several years ago. I will thank you to inquire into the case and to let me know whatever he is entitled to a pension; whether any proofs are in your office of his title; and what proofs are deficient or wanted, if any?
I am, very respectfully,
Your most obt. servant,
John Norvell

J. L. Edwards Esq.
Commissioner of Pensions