Revolutionary War Pension and Bounty Land Warrant Application File S. 16251, for Gabriel Smith, Connecticut
Page 1

Conn.

Smith Gabriel

S. 16251

Contents:

B. Mar. 11, 1761 at Stanford, Fairfield Co., Conn, 
In 1837 Lyons, Wayne Co., N.Y.
Page 2

H. Magee, July 15, /58

Gabriel Smith
of Wayne Co. in the State of N. York
who was Private of Infantry, Company 7 in the Company commanded
by Captain Bell of the Regiment commanded
by Col. Mead in the Connecticut
line for 12 months Infantry &
12 months Artillery

Inscribed on the Roll of New York
at the rate of 90 Dollars per annum
to commence on the 4th day of March, 1831.

Certificate of Pension issued the 20 day of Feb.
1834  and sent Wm. Sisson
Lyons N.Y.

Arrears to the 4th of Sep 33               $225.00
Semi anl, Allowance ending Mar 34   $ 45.00
Total                                                    $270.00

Recorded by Jno. Cromwell Clerk
Book E Vol. 4 Page 122
Page 3

State of New York
Steuben County

Lewis Smith To 
H. Magee
Power of Attorney

Haskinsville
in Gabriel Smith's
Claim for pension
in the Revolutionary 
War

nos. 24757-32

Gabriel Smith
Page 4

November 25th 1837
Hornellsville Steuben County, New York

Know all men by these presents that I Lewis
Smith son of Gabriel Smith a Revolutionary
Pensioner from the State of Connecticut. I do
hereby constitute and appoint Hugh Magee
my true and lawful attorney for me and in
my name to examine all papers on file in the
Pension Office at Washington in relation to the Claim of Gabriel Smith and Silas Bling
a Revolutionary Soldier from Massachusetts on
the Roll of said State for me and in my name
and in the name of my wife Elvira
Daughter of Said Silas Bling to examine all
papers on file in said office in case.

Lewis Smith

Cameron Webb Witness
Page 5

Gabriel Smith

/4774



W. Sisson Lyons N.Y.
Agent
Page 6

State of New York
County of Wayne

On this first day of October
A.D. 1832, personally appeared in open Court, before
the court of Common Pleas in and for the County of Wayne
and State of New York, now sitting, Gabriel Smith, a
resident of Lyons in the County of Wayne and State of
New York, aged seventy one years, & upwards, 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 on
the 11th March 1777, he enlisted or volunteered at Stamford
Fairfield County and State of Connecticut, for the term of
one month in the State Troops or Militia, under Captain
Jesse Bell, Colonel John Mead's Regiment, and served out
the same in the same town--That in the same year
1777, and very soon after the expiration of the above
term, but on what day, he does recollect, he again 
enlisted at Stamford aforesaid into the State Troops in
Connecticut for the term of six months under the same
officers, above mentioned and served the said term fully
out and was stationed during the term at Stamford 
aforesaid-- That in the forepart of December in the year
1777, but on what day of the month he does not recollect,
he was drafted from the Militia at Stamford aforesaid for
the term of three months, and served under the same
officers, for the said term at Rye Ferry on Byram
River or or near the line between the States of Connecticut
and New York.--
That in the month of April in the year 1778, but on
what day of the month he does not recollect, he enlisted
at Stamford aforesaid into an Artillery Company
commanded by Lieutenant John Bain or Bean, or
some similar name for the term of six months. (or
more) which he served out in the said town of Stamford
Page 7

and in the vicinity--that said Artillery company
belonged or was attached to and was under the command of
Colonel John Mead aforesaid & he thinks the said 
Company belonged to said Mead's Regiment.
That sometime in the month of April in the year
1779, he again enlisted into the same Artillery company
at Stamford aforesaid for the term of six months
and served under the same officers as last above mentioned
the whole term in Stamford aforesaid and in the
vicinity.--
That about the first of April in the year 1780, he went
into service as a Volunteer under Capt. Ebenezer Jones
of Stamford, aforesaid, and served under him on the
Whale Boats on Long Island Sound until Autumn in
the same year, as much as six months, and more,
he believes.
That early in the month of April in the year 1781, he
enlisted or volunteered, and served in the State Troops of 
Connecticut for seven months (he thinks), under Captain
Reuben Scofield. Col. John Mead's Regiment, and was
stationed at Stamford aforesaid.--
That during all the periods above mentioned he
served as a private--he thinks Col. John Mead was
from Horse Neck--that he has no documentary evidence to
prove his services above mentioned or any of them,
and that he knows of no person, whose testimony
he can procure who can testify to his said services
or any of them. Except one Reuben Weed who at one
time entered the service with him and served with him
and whose affidavit is annexed to or accompanies
this declaration.
To the interrogatories required by the regulations of the
Secretary at War, to be propounded by the Court
to the deponent, he the said Gabriel Smith answers.
Page 8

To the first, That he was born at Stamford, County of
Fairfield and State of Connecticut in the year 1761 
on the 11th March and first entered the service on the
day he was 16 years of age.
To the Second, That he had no record of his age.
To the third, That he was living at Stamford aforesaid
when he was called into service at all the periods herein
before mentioned, That since the Revolutionary War
he has lived at Stamford aforesaid until 1795, in the
town of Milton, Saratoga County, State of New York
26 years, and in Lyons, Wayne County State of New
York 11 years, and now lives in Lyons last above
mentioned.
To the fourth that he was once called into service by being 
drafted for three months in December 1777-- volunteered in April
1780 and as to other services as herein before mentioned he
volunteered or enlisted but does not know which it was 'considered, and recollects of signing written engagements for
the terms before mentioned.
To the fifth, That he cannot state the names of any of
the regular officers and does not recollect that any of the
regular Troops were stationed where he served--One Capt.
Ebenezer Couch came to Stamford with a company of
about sixty men and staid there a short time, but he is
pretty certain he did not belong to the regular army.
to the Sixth, That he never had any written discharge

from the service, but was discharged orally at
the end of the several terms of service
and to the Seventh, That the following named persons are
known to him in his present neighbourhood, and can
testify as to his character for veracity, and their belief of
his services as a soldier of the Revolution, to wit, Elisha
Sisson, Samuel Hoyt, Barnabas Bonny, Elisha
Sylvester
Page 9

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.

Gabriel Smith

Sown to and subscribed the
day and year aforesaid
in open Court

John S. Cuyler   Clerk

Mr. William Walling residing in the town of Lyons 
County of Wayne and State of New York, and Elisha
Sylvester--residing in the town of Lyons County 
and State aforesaid, do hereby certify, that we are well
acquainted with Gabriel Smith, who has subscribed
and sworn to the above declaration; that we 
believe him to be seventy one 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

William Walling
Elisha Silvester

Sworn and subscribed the day and year aforesaid
in open Court 
John S. Cuyler   Clerk

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 William Walling
who has signed the preceding certificate is a resident
of the town of Lyons, County of Wayne and State
of New York, and that Elisha Silvester who has
Page 10

also signed the same is a resident of the town of
& county and state aforesaid and that they are both
credible persons, and that their statement is entitled
to credit.

I John S. Cuyler, Clerk of the Court of Common
Pleas of the County of Wayne and 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 Gabriel Smith for a pension.
         
In the testimony whereof I have hereunto set my 
hand and seal of office this the first day
of October in the year of our Lord one thousand
eight hundred and thirty two--

Johnson S. Cuyler   Clerk
Page 11

14.774

Gabriel Smith
Wayne Co. N. York

on rolls of Capt.
Scofield 9 mo.
11.16.76

See Elisha Philips certificate
as pertaining the ___of Lewis Bain

Admitted
Private of Artillery 12 mo.
Private of Infantry 12 Mo.

May 14 1833

Wm Sissons
Lyons
Wayne Co. N.Y.
Page 12

BRIEF in the case of Gabriel Smith
of Lyons of Wayne Co. in the state of New York.

Act 7th June, 1832

1. Was the declaration made before a Court or a Judge?  Open Court.

2.  If before a Judge, does it appear that the applicant is disabled by bodily infirmity?

3.  How old is he?  71 years.

4.  State his service, as directed in the form annexed.
Period    Duration of Service   Rank   Names Officers
11 March 1777 1 mo.  Private  Capt. Jesse Bell, Col. Jno. Mead
1777                  6 mo. Private Capt Jesse Bell, Col. Jno. Mead
Dec. 1777         3 mo. Private Capt. Jesse Bell,Col. Jno. Mead
April 1778           6 mo. Private  Lieut. Jno. Bain, Col. Jno. Mead
April 1779          6 mo. Private Lieut. Jno. Bain, Col. Jno Mead
April 1780          6 mo. Capt. Ebenezer Jones, 
April 1781          7 mo. Capt. Reuben Schofield, Col. Jno. Mead

5. In what battles was he engaged?  none

6. Where did he reside when he entered the service?  Stamford, Fairfield Co. Conn.

7. Is his statement supported by living witnesses by documentary proof, by traditionary evidence by
incidental evidence, or by the rolls? traditionary & living witnesses

8. Are the papers defective as to form or authentication? and if so, in what respect?
not attached as required.


Certify that the foregoing statement and the answers agree with the evidence in the case above
mentioned.
No enlistments over 3 mo.
on rolls 9 mo.
12 mo. artillery
13 mo.

Richard Cutts  Examining Clerk.
Page 13

16251

INVALID.

File NO. 16,251

Gabriel Smith
Private Rev. War

Act: June 7th 1832

Index: Vol. 1, Page 349
Page 14

I, L. Edwards Esq.

Dear Sir,

          Since the receipt of your letter of Sept 30
1838, returning the papers of Gabriel Smith an applicant
for a Pension, he has obtained Stephen Selleck's affidavit
proving two services of 3 & 6 months, which with Weed's affidavit
of 7, makes 16 months services proven--Smith has  himself
made an additional affidavit. The papers with all the
affidavits are herewith returned to you, & Mr. Smith believes he
has done all that can be reasonably required of him and all
in his power, & he now feels confident, you will think so too,
and that you will send him a certificate for a full Pension,
He is an honest man & sustains a fair character, and has
I have no doubt, performed all the services he states he
did--I beg leave to call your attention to all the affidavits
and in particular to Selleck's, and Smith's last one Selleck,
after proving two periods of service, in concluding his affidavit,
states he "has read the services detailed by said Smith in his
declaration and believes them to be correct." & Smith states
his efforts & his inquiries for further proof & his belief that he
has procured all he can. From an attentive perusal of all
the papers, I trust you will be satisfied that Smith has a just
claim to a full Pension.  It cannot, I think, be expected
that he shall be able to prove all the different services he
has performed, nor do the regulations require he should do it.
they require only, the best proof in his power & I trust you
will now be satistifed he has fully complied with the 
regulations. Please to send his certificate with a little
delay as possible.

And much oblige your
Obt. Servt,

Wm. Sisson

Lyons N.Y. November 22 1832

,
Page 15

State of New York
Wayne County
ss; On this fourteenth day of June in the year of our Lord one thousand eight hundred & thirty three, personally appeared before me, the undersigned First Judge of the said County of Wayne, Gabriel Smith, whom I know, and being by me duly sworn, doth depose and say that he was seventy two years of age in the month of March last past - that he is an applicant for a pension under the act of Congress of June 7, 1832 entitled rr [in small text above] otn act supplementary to the "Act for the relief of certain surviving officers and soldiers of the Revolution" - that he made his declaration under the said act & under the regulations of the War Department, before the Court of Common Pleas in and for the County of Wayne aforesaid, in open court, on the first day of October 1832 - that at the time of making his said declaration he procured the affidavit of William Walling and Elisha Sylvester, residing in the town of Lyons in the County, agreeable to the regulations of the said War Department - that at the time of making the said declaration and procuring said affidavit there was no clergyman residing in his neighborhood, or in his immediate vicinity, whose certificate or affidavit he could procure as required by the said regulations and that there is no clergyman now residing in his present neighborhood, and that he cannot therefore now procure the testimony a clergyman - that he the said Gabriel Smith is therefore the same person mentioned in and who made the declaration contained in the papers accompanying this affidavit - N.B. The word "under" [underlined] written on an [illegible] before sworn to - 

Gabriel Smith [signature]

Subscribed & Sworn to by the above named Gabriel Smith the 14th day of June 1833 before me, & I certify that I am well acquatiined with him & that he is a credible witness -

W. M. Sisson [signature]
First Judge of Wayne County
Page 16

State of New York
Wayne County

I Cullen Foster Acting Clerk 
of said County do certify that 
William Sisson before whom the
within affidavit purports to have
been sworn was at the date of the
same First Judge of said County.
And that I am acquainted with his hand writing
and verily believe his name subscribed to said
affidavit to be his proper hand writing and signature
Witness my hand and seal of office at Lyons this
fourteenth day of June A.D. 1833

Cullen Foster  Acting Clerk
Page 17

State of New York
County of Cayuga

On this twelfth day of June
in the year of our Lord One thousand eight hundred
and thirty three personally appeared before me, the undersigned,
a Justice of the Peace of the said County of Cayuga,
Reuben Weed of the town of Springport in the said
County, to me, the said Justice, well and personally
known, and being by me duly sworn deposeth and saith
that he is now aged sixty eight years and upwards.--
that he was well acquainted with Gabriel
Smith, who now resides in the County of Wayne
and state of New York, in the year A.D. 1781, in the
town of Stamford, County of Fairfield and state of
Connecticut, that this deponent and the said
Gabriel Smith entered the service of the United
States, early in the Spring of said year 1781, as 
Volunteers, under Capt. Reuben Scofield.-- Mead
was Colonel, at the said town of Stamford
when they both continued in the services until about
the 1st day of December following when then
said Company was discharged.

Notes: The word "sworn" interlined before signing & swearing to the deposition and above the word before was underlined
before signed and sworn.

Reuben Weed

Subscribed and sworn by the above 
deponent Reuben Weed before me, the
day and year first above mentioned
And I do further certify that the
said Deponent is a credible witness
and a person of truth & veracity & that 
his statement is entitled to full credit

William G. Harkness  Justice Peace
Page 18

State of New York
Cayuga County

I Michael S. Myers, Clerk
of said County do certify
that William G. Harkness Esq. before 
whom the written affidavit purports to
have been sworn was at the date of the 
same one of the Justices of the Peace
in and for said County And that 
I am acquainted with his hand writing and verily
believe his name subscribed to said affidavit to be
his proper hand writing and signature
          Witness my hand and seal of office at 
Auburn this twelfth day of June A.D. 1833

M. S. Myers   Clerk
Page 19

Reuben Weed
Affadavit
Page 20

State of New York Cayuga County SS. On this 22th
day of August 1832 appeared befote me Asabel Fitch
a Judge of the Court of Common Pleas in and for said County
Reuben Weed to me personally known and being by me duly
sworn deposeth and saith that he was well acquainted
with Gabriel Smith in A.D. 1781 in the Town of Stamford
County of Fairfield State of Connecticut that this deponent 
and said Smith entered the service of the United
States surly in the Spring of said 1781 as Volunteers
under Capt. Reuben Scofield. Mead was Col.
at the said town of Stamford where they both continued
in the service untill about the 1st of December following
when the company was discharged-- deponent lives in Springport County of Cayuga.

Reuben Weed

Subscribed and Sworn before me the day 
and year above


Asabel Fitch

State of New York
Cayuga County  Ses.

I, Michael S. Myers, Clerk of said County
do certify that Asabel Fitch Esquire before above
the above affidavit purports to have been sworn
was at the date of the same a Justice of the
Peace to and for said County and that I am acquainted with his 
hand writing and verily believe his name subscribed to said affidavit
to be his proper hand writing and signature.

Witness my hand and seal of office this tenth day of
September in the year of our Lord one thousand
eight hundred and thirty two

M. S. Myers   Clerk
for P. H.   S. Myers Do. Clerk

I have obtained a new affidavit which is hereto annexed of the
above deponent and it is duly certified, both as to
credibility of the witness & the official character of the officer
before whom it was taken-- This course was adopted to save
Page 21

State of New York
Wayne County Sess.

Personally appeared before me, the undersigned, First
Judge of the said Couty Gabriel Smith, to me well
known and being by me duly sworn deposeth and
saith, that he is an applicant for a pension under the
act of Congress of June 7 1832, entitled "An act of 
supplementary to the " Act for the relief of certain surviving 
officers and soldiers of the Revolution"-- That service he
made his declaration in October 1832, before the Court
of Common Pleas in & for the said County of Wayne, he 
has removed from Lyons in said County where he then
resided, to the town of Sodus in same County
where he now resides-- That he has been from his present
residence, to the City of Troy in this State, a distance
of two hundred miles, or upwards, where he found Stephen
Selleck whose affidavit is hereto annexed-- that he
was acquainted with said Selleck & served with
him in the Army, as stated in his affidavit and before
leaving home he had learned that he lived in Troy aforesaid.-- 
that when this deponent left home it was his
intention to have gone to Stamford in Connecticut where
he resided during the Revolutionary War, & for some
years afterwards, unless he should be able to find said
Selleck and procure his affidavit, or learn some
thing from him which would render it unneccessary for
him to do so.  that he was informed by said Selleck
when he made said affidavit that he had been to Stamford
aforesaid this & all and had then been home only
three or four weeks-- that he had made inquiries there
for the persons who had served i the War of the
Revolution & that most of them were dead. that this
deponent named to him such of the old soldiers
as he could recollect, by whom this deponent
would be most likely to prove his services,
and was informed by said Selleck that they were
dead which this deponent believes to be true and
if this deponent could have learned that any of
them were living, he should have gone there
or taken other measures to have procured their
Page 22

depositions and from the exertions he has made and
the best information he has been able to procure
this deponent does not believe he can
make or procure any further or additional proof
of his services as a soldier-- N.B. The word "appeared"
interlined & part of the word " afterwards" wrote an erazure.

Gabriel Smith

Subscribed and sworn that 21st day of
November 1833, before me I certify that
I am acquainted with the deponent & 
that he is a credible witness

Wm. Sisson First Judge
of Wayne County

State of New York
Wayne County       Ss

I Cullen Foster clerk of
said county do hereby certify that William Sisson
before whom the above affidavit purports to have
been sworn was at the date of the same First Judge
of said County duly commissioned and qualified
and that I am well acquainted with his
hand writing and verily believe his name
as above subscribed is genuine.

In witness whereof I have 
hereunto set my hand and
seal of office this twenty first
day of November 1833

Cullen Foster   Clerk
Page 23

Gabriel Smith has set forth the following
services in his Declaration for a Pension under
the Act of Congress of June 7, 1833

That on the 11th March 1777, he enlisted, or volunteered,
at Stamford Fairfield County, State of Connecticut
for the term one month, in the State Troops, or
Militia, under Capt. Jesse Bell, in Col. John
Mead's Regiment, and served the same out, in the
same town--
That in the same year 1777 & very soon after the 
expiration of the above term, but on what day
he does not recollect, he, again enlisted at
Stamford aforesaid into the State Troops in 
Connecticut for the term of six months, under the
same officers, above mentioned, and served the
said term fully out, and was stationed during the
at Stamford aforesaid.
That in the forepart of December in the year
1777, but on what day of the month he does not
recollect, he was drafted from the Militia at
Stamford aforesaid for the term of three months
and served under the same officers, for the said
term, at Rye Ferry on Byram River on or near the
line between the States of Connecticut and New York
That in the month of April in the year 1778, but
on what day of the month he does not recollect,
he enlisted at Stamford aforesaid, into an Artillery
company commanded by Lieut. John
Bain, or Bean, or some similar name, for the
term of six months (or more) which he served
out in the said town of Stamford and in its
vicinity-- that said artillery company belonged
or was attached to and was under the
command of Col. John Mead aforesaid, and he
thinks the said company belonged to said Mead
Regiment--

Turn over
Page 24

That some time in the month of April in the
year 1779, he again enlisted in to the same Artillery
Company at Stamford aforesaid for the term of six 
months and served under the same officers as
last above mentioned, the whole terms, in Stamford
aforesaid and in its vicinity.--
That early in the month of April in the year
1781, he enlisted, or volunteered, and served in the
State Troops of Connecticut for seven months
(he thinks), under Capt. Reuben Scofield, Col. John
Mead's Regiment, and was stationed at Stamford
aforesaid--
That during all the periods above mentioned
he served as a private-- he thinks Col. John
Mead was from Horse Neck.
Page 25

State of New York
Rensselaer County  C/S

Stephen Selleck of the City of Troy in the
County and State aforesaid  aged seventy years being duly
sworn says that he is well acquainted with Gabriel Smith
of the town of Sodus County of Wayne and State aforesaid the
applicant above named for a Pension and has been well
acquainted with him for about fifty five years past and that
he is personally  knowing to the service of said Smith under 
the command of Captain Bell, Col. John Mead's Regiment
at the time mentioned in his Declaration; that is to say that
he this deponent was in the forepart of December 1777 drafted
for the militia at Stamford in the State of Connecticut from 
that said Smith was also drafted at the same time under
the officers before mentioned and served together in that
Company three months they were stationed at Byram's River at a
place called Rye Ferry that they resided at Stamford aforesaid
at the time they were drafted. that he and the said Smith 
enlisted in a Company of Artillery commanded by Capt. Lieut. Bain or 
Bean in the month of April 1778 that said company was filled
as occasion required and that he this deponent served in
said Company ten months and knows that said Smith served
in the same Company and according to the best of his recollection
should think that said Smith served at least six months
in said company. that they resided when they enlisted at
Stamford aforesaid that said Company was stationed at
Stamford aforesaid during his service. that he this deponent has read
the services detailed by said Smith in his Declaration and
believes them to be correct.

Stephen Selleck

Subscribed and sworn to this 
11th day of November 1833 before me
Nathan Howard Junr.
Commissioner of Deeds &C. Troy

State of New York
Rensselaer County Clerks Office  C/s

I Henry R. Bristol Clerk of said County 
do hereby certify that Nathan Howard Junr. whose signature
is affixed to the above affidavit was on the day of the date
that said affidavit purports to have been sworn a Commissioner
of Deeds in and for said County duly commissioned
Page 26

and authorized to take the same. And that I am well acquainted
with his hand writing and verily believe  his signature
subscribed to said affidavit and the following certificate to
be genuine.

In testimony whereof I have hereunto set
my hand and affixed the seal of said County this
11th day of November 1833

Henry R. Bristol  Clerk

State of New York
Rensselaer County  C/s

I hereby certify that I am well acquainted
with Stephen Selleck the deponent before named and that
he is a man of truth and veracity

Nathan Howard Junr.  Commr.
Page 27

Gabriel Smith
Page 28

BRIEF objections to the admission of Pension Claims, of which these answered in the negative, in red ink, will apply to the claim of Gabriel Smith [name handwritten] which require further proof or explanation.

I. Does the declaration show where the applicant resides? yes [response handwritten]

II. Did the declarant make the declaration in the county where he resides? yes [response handwritten]

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? yes [crossed out] No [crossed out] yes [all responses handwritten]

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 amout of pension he is entitled? yes [response handwritten]

VI. Has he given the names of the officers under whom he served, in conformity with the regulations? yes [response handwritten]

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

VIII. Has the Court given their opinion? yes [response handwritten]

IX. Has the Clerk given his certificate? yes [response handwritten]

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? yes. [response handwritten]
Page 29

2

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? no clergyman [response handwritten]

XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it? no [response handwritten]

applicant affidavit that there is no clergyman [handwritten on the left margin between XI. and XII.]

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?

XIV. [cross symbol] 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? yes [response handwritten]
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? yes [crossed out] No [response handwritten]
Has the proper officer certified to the official character and signature of the magistrate as the regulations direct? yes [response handwritten]

New affidavit duly certified as to credibility &c[handwritten in left margin beside XIV]

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? yes [response handwritten]

XVI. [double cross symbol] Are the papers authenticated as the regulations direct? No [response handwritten]

corrected [handwritten in margin to left of XVI.]

XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answer? yes [response handwritten] 

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. A. B. who, being duly sworn, deposits 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 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.
[cross symbol] 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 officer, under his seal of office.
[double cross symbol] 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.
[symbol of a finger pointing right] 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.