Revolutionary War Pension and Bounty Land Warrant Application File S. 16808, Saul Foster, Conn.
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Conn. (handwritten)
Foster, Saul (handwritten)
S.16808 (handwritten)
Carded (handwritten)
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28173
Connecticut
Saul Foster
Madisond in the State of Connecticut
was a private in the   commanded
Captain Hall of the [illegible] reg commanded
[illegible] Wade in the Connecticut
for 8 months
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Pos A[illegible] Apl 27, '37

Order to pay 4 April 1838

Order to pay 15 April 1839
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Declaration in order to obtain the benefit of the act of Congress of the 7th June [illegible] 1832 —
State of Connecticut} Fs. Probate Office
District of Guilford}
On this 7th day of August — [illegible] 1832 personally appeared [a word has been intentionally obscured] in open court before the Court of Probate for [illegible] District of Guilford Saul Foster a resident of Madison within the said District [two words intentionally obscured] of Guilford in the County of New Haven and State of Connecticut. aged 76 years – who being first duly sworn according to Saw. doth [illegible] his oath, make the following declaration in order to obtain [word intentionally obscured] the benefit of the act of Congress [illegible] June 7th 1832 —
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State of New York to within two or three
miles of the City of New York, where he was
stationed with the Regiment to which he belonged two months or more as nearly as he can remember when the company to which he belonged was ordered to Long Island - that he embarked at Throggs Point east of New York on board of Capt Philip Grays vessel, and was landed with his company at Oyster Pond Point a place towards the eastern part of Long Island - he remained
stationed at said Oyster Pond Point about one month that then the company were transported to Shelter Island near by where he remained stationed about one week - when the company again went on board of Capt Grays vessel, and he was landed at the above Throggs Point, and marched from thence to White Plains in the State of New York where he was engaged nearly all day in a skirmish with the British and assisted to take eight Hessicens - that after remaining a short time at White Plains, he with the company to which he belonged were again shipped on board of Capt Grays vessel, and were transported to Greenbush opposite to Albany in the State of New York - Col. Wards he recollects went to Greenbush with the company - That he remained stationed at said Greenbush till the expiration of the 6 months for which he had enlisted. when he was discharged from the service at said Greenbush sometime in October
1775 - that his wages was Forty shillings per
month - that he had no written discharge
the company to which he belonged having
been only verbally dismissed and that he
does not recollect any of the General officers
under whom he served - 

That sometime in the summer of 1776 the
particular day and month he does not recollect he was a member of the Militia company in
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East Guilford in the said Town of Guilford commanded by Capt Daniel Hause in Col
Noah Fowles Regiment - that in said summer of 1776 - he was drafted to serve as a private for two months under the said Captain
Daniel Hause - that he was marched through Branford New Haven and Stratford to Fairfield Connecticut where he was stationed about a fortnight - when he was marched through Stamford to Rye in the State of New York where he was again stationed a fortnight -that he was then marched to Harlaem near the city of New York where he remained stationed one month -  that he was then at the expiration of his draft for two months discharged from the said Harlaem in the State of New York - that he had no written discharge the Regiment to which he belonged having been duly verbally dismised - That
he has no documentary evidence, and that he
knows of no person whose testimony he can procure who can testify to his service during the first campaign of 6 months for which he enlisted - that Sias Bishop and John Bishop of Madison are the duly persons whom he recollects to have served with him during the 
last campaign of two months for which he was drafted and who can testify to his service during those two months - That he the said Saul Foster was born at Guilford (in that part of Guilford now called Madison) in the County
of New Haven and State of Connecticut on the 24th day of June 1756 - that at the times of his enlistment and of his being drafted he resided and has ever since resided - as does now reside in that part of the said Town of Guilford now called Madison - That he does not know of there being any Record of his age
in existence -  that his wages during the last
term of his service when he was drafter was
Forty shillings per month -
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He hereby relinquishes every claim whatever to any pension or annuity except the present and declares that his name is not on the pension roll of agency of any State

Sworn to and subscribed the day and year
aforesaid before me Reuben Eilliot Judge of Probate
Saub Foster [signature]

We Samuel N. Shepard a clergyman residing in Madison and sd Town and before
Jessee Crampton hereby certify that we are well acquainted with Saul Foster who has subscribed and sworn to the above declaration - that we believe him to be 76 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

Samuel N. Shepard [signature]
Paster of the first Congregational Church
in Madison
Jesse Crampton [signature]

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 & served as he states & the Court further certifies that it appears to them that Samuel N. Shepard who has signed the preceding Certificate is a Clergyman
resident in Madison & that Jesse Crampton who has also signed the same is a resident in Madison and is a credible person & that the statement is entitled to Credit
Reuben Elliott [signature]
Judge of Probate
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18898
Saul Foster

from 1776 for 8 months

Return this
$26.66
[illegible] certified file [illegible], 

George Griswold [signature]
[New Haven is marked out and written above it is] Guilford
Connecticut
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WAR DEPARTMENT.
Pension Office
128

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 statement of your case in a tabular form. On comparing these papers with the rules and the subjoined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will shew what is necessary to be done. Those points to which your attention is more particularly directed, you will find marked in the margin with a brace [illegible]. You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your claim.

A Statement, shewing the service of Saul Foster of Madison Conn

Period [illegible] 1775-76

Duration of claimants service 6 months [1775]  2 months [1776]

Rank of the claimant 
private

Names and Rank whom he served [illegible]. Hall [1775] 
Hand [1776]

Names and Rank of the Generals and Field officers. Colonels
Ward [1775]
Fowler [1776]

Battles in which the applicant was engaged {none noted]

County through he marched. 
Connect 
[illegible]
New York

Place of [illegible] where he entered the service, and age at the present time
76 years
New Haven
Guilford

Evidence by which the [illegible] is [illegible]
traditionaly evidence

I am, respectfully, Your obedient servant,
J.L. Edwards
Commission 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 [illegible], 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 the 7th of June, 1832.
State, Territory, or District of County of [space]

On this [space] day of [space] personally appeared (a) before [space] A.B. a resident (b) of [space] in the County of [space] and State, Territory or District of [space] aged (c) [space] years, who being first duly sworn, according to law, doth on his oath make the
following declaration, in order to obtain the benefit of the provion made by the act of Congress, passed June 7th, 1832. That he enlisted in the Army of the United States in the year (d) [space], with [space] and
served in the [space](e) regiment of the
[space] 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 enered the service; the battles, if any, in which he was engaged,
and the country through which he marched. This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.

He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of
the Agency in the State of [space]

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 [space] of the Court of [space]
do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of [space] for a pension.

In testimony whereof I have hereunto set my hand and seal of office (i) this
day of [space] &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 [space] and C.D. residing in (the same) hereby certify, that we are well acquainted with [space], who has subscribed and sworn to the above declaration; that we believe him to be [space] years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.
Sworn and subscribed the day and year aforesaid.

And then will follow the certificate of the Court.

And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary
Soldier, and served as he states. And the Court further certifies, that it appears to them that A. B. [space] who has signed the preceding certificate is a clergyman, resident in the [space] and that C.D., who has also signed the same is a resident in the [space]
and is a credible person, and that their statement is entitled to credit.

I, [space] Clerk of the Court of [space] do hereby certify that the foregoing conts the original proceedings of the said Court, is the matter of the application of [space] for a pension.

In testimony whereof, I have hereunto set my hand and seal
of office, this day of [space] &c.

Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the 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 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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3
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?
6. 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 he 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 enquiry whether the belief is general, and whether any doubts have ever existed upon the subject.

Applicants unable to appear in Court by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to
perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court.

Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a
Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature.

No payments can be made on account of services, 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 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 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 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 in 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.

Services in 1775 may be proved by the certificate of Comptroller of Public accounts from the Rolls in his office. No troops were enlisted as early as April 1775
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In reply to your request of --------, received ________  for a statement of the military history of Saul Foster a soldier of the REVOLUTIONARY WAR, you will find below the desired information as contained in his (or his widow's) "for his widow's" is marked out] application for pension on file in this Bureau.
S. File 16 808
DATES OF
ENLISTMENT OR APPOINTMENT.
Apl 75
Sum 76

LENGTH OF SERVICE.
6 mos [75]
2 mos [76]

RANK,
Priv. [1775]
 "  [1776]

OFFICERS UNDER WHOM SERVICE WAS RENDERED.
CAPTAIN.
Stephen Hall [1775]
Daniel Hand. [1776] 

COLONEL.
Andrew Ward [1775]
Noah Fowler [1776]

STATE.
Conn.

see page 96 Com. [handwritten and circled note]

Battles ['ck/at" and "Battles" are marked out]  Engaged in, White Plains ["in 1775" is marked out}

Residence of soldier at enlistment, 
Guilford now called Madison, Conn.

Date of application for pension, 
Aug. 7, 1832

Residence at date of application, 
Madison, Conn.

Age at date of application, 
B. June 24 1758 Guilford, now Madison Conn.

Remarks:
Office Note of Col. Falcott's [illegible] NY exped fr Mch to Apl 1776 -
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16. 808
INVALID.

[illegible] No. 16 808
Saul Foster
Pri  Rev War

Act: June 7th 32
Sex: - Vol. 1, Page 441

(Arrangement of 1873 [or 1870]
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1908 Oct 17 Hist to W. W. Cone [illegible]
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J.L. Edwards Esqr
Commissioner of Pensions
Washington D.C.
.
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Guilford Decr 23d 1833

Sir -
Mr Foster has not yet found any an [illegible word is marked out] other person who can testify to his services - Although he is [illegible] with the Idea that he did enter the service of the United States in 1775 yet he may have misremembered [illegible] although the [illegible] of the Comptroller does not corroberate his statement, may be seen by the deposition of Ebenezer Fowler in James Bishops declaration that there were troops in service as early as 1775, unless he has also erred, and it appears also that Fosters first [illegible] and Bishops are the same & I believe Fowlers (the Deponent) claim for the same [illegible] has been allowed - It is Mr Fosters earnest request that his case may once more be taken into consideration & his [illegible] hope that he may not be rejected even if he has failed to remember precisely the time he did serve
With much respect
I am Sir
Your Obt Servt
Geo. Griswold

J. L Edwards Esqr
Commission of Pensions
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Pension Agency
Hartford April 8, 1839

Sir
Herewith I transmit the claims of Saul Foster - Abraham Scranton - and David
Orvis Pensioners under the act of 7 June
1832 who have neglected to apply for their pensions for more than 12 months -

[In the left margin next to this section of this letter is a bracket with the wording "attended to"] The Sum allowed Mrs Mary Dalton being omitted in the order to enroll her name it is herewith returned for the necessary addition

I am very Respectfully
Your Obt Servant,
Sam L Titkin
Agent.

J. L. Edwards Esq
Commissioner of Pensions
Washington
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I George Griswold Clerk of the Probate
Court of Guilford  District Do hereby
certify that the foregoing contains the
original proceedings of the said Court
in the matter of the application of Saul Foster for a Pension-

In testimony whereof I have hereunto
set my hand & seal of Office this Seventh
day of August 1832

George Griswold Clerk
all erasure & interlineation were made
before signing & Sealing -
G.G. - Clerk
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I George Griswold Clerk of the Court of Probate for the District of Guilford in New Haven County
Do Certify that Reuben Elliott who has signed the attestation of the foregoing Deposition is Judge of the probate Court for the District of Guilford aforesaid & that the signature affixed is his genuine signature

In testimony whereof I have hereunto set
my hand & Seal of Office this Second
day of August 1832
George Griswold Clerk
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18898
The Application of Saul Foster of Madison in New Haven County & State of
Connt for a Pension under the Law of 1832 - 

Taken before the Court of Probate for Guilford
District in sd County - Reuben Elliott Judge
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Court of Probate Guilford District Augt [illegible] 1832

Personally appeared in open Court John Bishop and Leas Bishop well known to the Court to be credible witnesses and being first sworn do on their oaths testify & say that in the year 1776 that Saul Foster  was in the service of the United States, and served for the last two months as is stated in his declaration by him subscribed and further the deponents say not

Sworn in Court the day & date aforesaid
before me Reuben Elliott Judge of Probate

I hereby certify that I am personally
acquainted with the above named Leas Bishop and John Bishop and that they are both credible witnesses

Reuben Elliott Justice of Peace