Revolutionary War Pension and Bounty Land Warrant Application File S. 17970, Richard Garland, N.H.
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(3-177{6?[)

SERVICE  N. H.

Garland, Richard

NUMBER  S.17970

carded

CONTENTS [blank]
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10,609
New  Hampshire

Richard Garland
of Essex in the state of N. H. who was a Private  in the company commanded by Capt [blank] of the regt commanded by Col. Mooney of the N H line, for 11 mos 25 days

Inscribed on the Roll of N H at the rate of 39 Dollars  44 Cents per annum, to commence on the 4th day of March, 1831..

Certificate of Pension issued the 16th day of Apr 1833  and sent E L Hall  Bartlett N H

Arrears to the 4th of March 1833 - - $78.88
Semi-anl. allowance ending 4 Sept,  - 19.72
[total]  $98.60

{Revolutionary Claim, Act June 7, 1832.}


Recorded by J H Mc Blair  Clerk.
Book E, Vol 1, Page 88.
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[continuation of Declaration, image # 14]

New Jersey and marched to Orange Town and was there Stationed, untill [sic] Gen. Arnold attempted to deliver up West Point was discovered, then was ordered back to West Point and remained there untill he went to Winter Quarters in Hampshire Village about three miles from West Point[.]  That at said Village the first of January 1781 was discharged by Col. George Reed by a written discharge under his hand but that discharge has long been lost.
That he now resides in Bartlett in the County of Coos in the State of New Hampshire and has resided there thru the term of 50 years, Previous to that he resided in Dover in said New Hampshire
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13,197
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Declaration
In order to obtain the benefit of the Act of Congress of the 7th of June. 1832

State of New Hampshire,
County of Coos } ss.
On this nineteenth day of Sept personally appeared before the Judges of the Court of Common Pleas, Richard Garland a resident of Bartlett in the County of Coos and State of New Hampshire aged 69 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 forepart of July in the year 1779 [illegible] with the Committee of Safety of the Town of Dover in the State of New Hampshire.
Thence he was ordered by said Committee, to wit, Andrew Tarr Esquire, John Burnham Junior, & Col Wingate to march to Providence in the State of Rhode Island, there joined and was enrolled in Capt. Runnels Company in Col. Hercules Mooney's Regiment, Samuel Piper was Lieutenant of the same Company and Major Runnels was an Officer in the said Regiment, that he sailed down Providence River in the night to Howland's Ferry, was Stationed there till [sic] after the British left Rhode Island and then he went on to it and remained there about a month, then returned to Providence and remained there untill [sic] the first of January 1780, and was discharged there having served six months the term for which I enlisted.  That he received no written discharge,  That in July 1780 he again enlisted for six months at the said town of Dover N. H. with or under said Committee and was ordered by them to march to West Point in the State of New York, that he then joined Capt. James Carr's Company in the 2nd Regiment of New Hampshire Troops commanded by Col. George Reed, Lieutenant George Frost belonged to the said Company and Major Morrel belonged to the said Regiment, that he marched down the North River to King's Ferry crossed over to [end of writing]

He hereby relinquishes every claim 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.
Sworn to and subscribed the day and year aforesaid  [signed] Richard Garland

And the said Court do hereby declare their opinion, that the above applicant was a revolutionary soldier, and served as he states.

I, William Farrar Clerk of the Court of Common Pleas for the said County of Coos do hereby certify, that the foregoing contains the original proceedings of the said Court in the matter of the application of Richard Garland for a pension.

In testimony whereof I have hereunto set my hand and seal of said Court, this nineteenth day of September anno domini  1832
[signed] Wm Farrar  Clerk
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Richard Garland

N Hampshire

Private 11 mos 25 days

$39.44.

13197

E L Hall
Bartlett
N H
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BRIEF in the case of Richard Garland 
60 of Coos in the State of N.H.
(Act 7th June, 1832.)

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

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

3.  How old is he?  69

4.  State his service, as directed in the form annexed.
Period. July In 1779 inlisted [sic]
Duration of Service.  6 months on Roll of service
Rank. private
Names of General and Field Officers under whom he served.  Capt Runels  Col Mooney

Period.  July 1780 inlisted [sic]
Duration 6 mo 25 days per roll of service
Rank [private]
Officers  Capt Carr   Col Reed

5.  In what battles was he engaged?  none mentioned

6.  Where did he reside when he entered the service? Dover N. H.

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

8.  Are the papers defective as to form or authentication? and if so, in what respect? The papers are not attained agreeable to the regulations  The witnesses are not certified as credible

)( Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
[signed]  George Payton
Examining Clerk.
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17970

INVALID.
File No. 17,970
Richard Garland
Priv Rev. War 

Act:  June 7" 32
Index:--Vol. 1, Page 139

[in brackets] Arrangement of 1870.
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BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of Richard Garland which require further proof or explanation.


I.  Does the declaration show where the applicant resides?  yes

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

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?  {blank]

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

V.  *Has he mentioned with precision the length of his service, and the different grades in which he served, in language so definite as to enable the department to determine to what amount of pension he is entitled?  no

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

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

VIII.  Has the Court given their opinion?  yes

IX.  Has the Clerk given his certificate?  yes

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
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[Page] 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

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

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?  [blank]

XIV.  +If the applicant's name is not found on the rolls of military service, has he produced a witness or witnesses as to his service?  yes
If he has produced direct proof as to service, has the magistrate who administered the oath, certified to the credibility of witness or witnesses?  no
Has the proper officer certified to the character and signature of the magistrate as regulations direct?  yes

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

XVI.  ++Are the papers authenticated as the regulations direct?  no

XVI.  ++Are the papers authenticated as the regulations direct?  no

XVII.  Are the seven interrogatories prescribed by the War Department answered satisfactorily?  And, if not, which of them is not so answered?  yes is 1-2

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, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service, but according to the best of his recollection he served not less than the periods mentioned below, and in the following grades;  For_____ year____months, and ____days, I served as a _______, For _____months and _____days, I served as a _____; and for such service I claim a pension.["]
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It is important an 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, an all such qualifying expressions are objectionable.  Some persons who apply for pensions merely state they served two years in the militia, &c. without specifying the tours; the names of the officers, and other particulars respecting their service.  This form of a declaration is highly objectionable.  It must in every case be clearly shewn [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.

+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.

++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 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.
[image of a pointing hand]  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.
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Oct. 8.
13,197
N. Hampshire

[written sideways]
Hon. Secretary of War.
Washington City - D.C.

[written sideways along the left edge]
13,197
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Bartlett N.H. Sept. 28 1832
Hon. Secretary of War -- Sir -
At the Special instance of Richard Garland of Bartlett, Coos County New Hampshire; an applicant for a Pension, under the recent law of Congress:  enclose aforesaid to the Department the documents relative to his Service in the War of the Revolution.  [With?] this further request, that whatever returns may issue from the Department in his case, be addressed to me. I have the honor to be, Sir, with perfect respect, your Obt. Servt.  [signed] Edew. L. Hall
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I Samuel Runnels of New Durham in the State of New Hampshire depose ans say that I Commanded a Company of State Troops in the Regt under command of Col. Hercules Mooney in the year 1779 raised in the State of New Hampshire for the term of six months -- and marched for defense of the State of Rhode Island in the Service of the United States.  That I am acquainted with Richard Garland who is now here present - and that said Garland was another in my Company in the early part of July 1779 at Providence R. I. and served in my Compy. until the first part of Jany. 1780 at which time, the term for which said troops were raised having expired, the Regiment was discharged by the Col. without any written discharges being given,
[signed] Samuel Runnels

State of New Hampshire
Strafford ss.  Dover  July 25th, 1832  Then personally appeared the above named Samuel Runnels and made solemn affirmation that the above affidavit by him subscribed is true
Before me [signed] A Peirce, Jus. Peace

I Andrew Peirce  Clerk of the Superior Court of Judicature for the County of Strafford Sate of New Hampshire Certify that Andrew Peirce which signature is affixed to the foregoing document is a Justice of the Peace for said County of Strafford, and his signature is genuine.
In testimony whereof I have hereto set my hand, and affixed the Seal of said Court this 25th day of July A.D. 1832.
[signed] A Peirce,  Clerk
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I Samuel Lear of Effingham in the county of Strafford & State of New Hampshire depose and say that in June or July in the year seventeen hundred & eighty at West Point I joined the Company commanded by Captain Carr in the Regiment commanded by Colonel George Reed of the New Hampshire Line.  I then enlisted for six months, and at that time, I am knowing that Richard Garland who is now present with whom I am acquainted joined said company of Captain Carr and continued in the service of the United States in said company with me untill [sic] the six months expired or about that time when the six months men in said company were discharged.  During this time we went I & said Garland & the Regiment to New Jersey and returned to West Point and we remained at West Point & near there untill the six months time & were discharged as aforesaid.
[signed] Samuel Lear

State of New Hampshire
Strafford ss - Ossipee  27 July 1832 -- There personally appeared the above named Samuel Lear and made solemn affirmation that the above affidavit by him subscribed is true
Before me [signed] Francis Cogswell  Jus. Peace
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State of New Hampshire
Strafford ss}
I hereby certify that Francis Cogswell whose name is affixed to the within certificate is a duly qualified acting Justice of the Peace in and for the County of Strafford and the within signatures purporting to be his are genuine
In testimony thereof I have hereunto affixed my seal of Office this twenty sixth day of Sept AD 1832
[signed] John Hill Notary Public
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I George Fall of Lebanon in the County of York and State of Maine Aged Seventy eight years depose and say that I am well knowing that Richard Garland of Bartlett in the County of Coos, who is now here present enlisted in the Company of New Hampshire Militia under the Command of Captain James Carr of Somersworth Second Regiment under Lft Col George Reed in the latter part of June 1780 at Dover N. H. and Marched to West Point for the defense of the State of New York in the Service of the United States and Served until the last of December 1780 at which time the Regiment was discharged by the Col.  I am well acquainted with Richard Garland  he belonged to my Mess the principle part of the six months in 1780 that he was out -- [signed] George Fall


State of New Hampshire
Strafford SS  Wakefield  July 21, 1832
Then personally appeared the above named George Fall and made Solemn oath that the above affidavit by him Subscribed is true 
Before me [signed]  Amasa Copp   Justice of the Peace
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State of New Hampshire
Strafford SS.
I hereby certify that Amasa Copp whose name is affixed to the within certificate is a duly qualified acting Justice of the Peace in and for said County of Strafford and that the within signature purporting to be his is genuine--
In testimony whereof I have hereunto affixed my seal of Office this twenty sixth day of Sept AD 1832
[signed] John Hill   Notary Public