Revolutionary War Pension and Bounty Land Warrant Application File S. 12,938, Nathaniel Averill, Conn.
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(3 - 1776 )
SERVICE
Conn.

Averill, Nathaniel

NUMBER
S. 12.938

CONTENTS
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20734
New = York
==========
Nathaniel Averill
Montgomery Co in the State of  York
who was a private in the [illegible] commanded by Captain Curtis of the Regt commanded by Col. Hewman in the Connt
line for B Meade

Continental and Conn.

Records corrected

========================
Inscribed on the Roll of New York at the rate of 43 dollars 33 cents per annum to commence on the 4th day of March, 1834

=======================

Certificate of Pension issued the 2 day of Oct 1833 and [illegible] [illegible] Berry
Johnstown

======================
Arrears to the 4th of Sep '25 $108.33
[illegible] allowance ending 4 [illegible 21.66

$129.99
=====

{Revolutionary Claim}
{Aot June 7, 1832}

Recorded by Go. C Stiles Clerk
Book E. Vol. 4. Page 41
Page 3

Swoon

Nathaniel Averill S
Application:
23245
Page 4

State of New York}
Montgomery County}

On this 19th day of September in the year of our Lord one thousand eight hundred and thirty two, personally appeared in open court before the court of common pleas of he county of Montgomery and State of New York Nathaniel Averill a resident of the Town of Amsterdam in the County & State aforesaid aged Seventy five 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 1833: That he entered the service of the United States under the following named officers and served as he has stated.
Your applicant says that in the month of April in the year 1775 he volunteered into the State Troops of Connecticut for the term of nine months that he went from the Town of New Milford & Litchfield County, Connecticut to Ticonderoga State of New York, under Captain Eliazer Curtiss Lieutentants Jira Swift & Morgan Nobles & Ensign Bidwell belonging to Colonel Hermanns Regiment & that he served the full term of nine months and was discharged sometime in January following the time he cannot State: Your applicant further says that he again went out in the winter of 1776 shortly after his return from Ticonderoga, that he went at this time from New Milford aforesaid to the City of New York, as a draft, for four months under Cap Ebenezar Couch, Lieutentant Isaac Ruggles Ensign Nobles belonging to the Regiment of State Troops belonging to Connecticut, the Colonels and other officers of the Regiment this applicant does not recollect and he served the full term of four months and was discharged sometime in the spring of the year, the month nor the day of the month the applicant does not recollect.  Your applicant further says that he was again called out as a minute man in the militia on or about the first of July of that year 1776. that he went from New Milford aforesaid to New York City, under Captain William Cogswell Morgan Nobles Lieutenant &  Ensign David Whittlesey & Colonel Samuel Canfields Regiment. Your applicant says that he was in the Battle fought at Long Island, at the time Lord Howe landed fourteen thousand men on Long Island and took possession of the City of New York, that he
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was out at this time for the space of two months and does not recollect the time that he was discharged. And your applicant says that he was in the service of the Revolutionary War for the space of fifteen months and no longer. Your applicant says that he was born at New Milford State of Connecticut in the year of our Lord 1736 and has no record of his age and the only evidence he has of his age is the tradition of the family and his own recollection: Your applicant says that he has no documenang evidence of his service: He served as a private

He has resided at his current place of residence since the war. Your applicant says that he was acquainted with the following named officers of the Continental establishment to wit, Gen Schuyler, Gen Montgomery, Gen Lee, Gen Stavin and some others whose names he does not recollect at this late period of time.

Your applicant says that he is acquainted with the following named persons residing in his neighborhood who can testify as to his character for truth and veracity and them belief of his service as a soldier of the Revolutionary war, to with, William Rob, Ira Benedics, Tebulon Tyler, James Cushney.

Your applicant says that he has resided since the Revolution in the Town of Amsterdam & County of Montgomery.
Your applicant hereby relinquishes every claim whatever to a pension or annuity except the present and declares his name is not on the pension Roll of the agency of any State.

Nathaniel Averill

Sworn and subscribed this day and year aforesaid in Open Court 
[illegible: D. Ferguson Clerk

Nathaniel Averill application
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We [ illegible name crossed out][ name "Hill" crossed out]^ Abraham Van Horne, a clergyman residin in the Town of Johnston
and James Cushney
residing in the Amsterdam
hereby certify that we are well acquainted with Nathaniel Averill
who has subscribed and sworn to the above declaration, that we believe
him to be seventy five 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
in open Court.                    Abraham Van Horne
                                                                 Y.Duff
Geo: D. Ferguson Clerk.      James Cushney

And the said Court do hereby declare their opinion, after the
investigation of the matter and after puting 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 Abraham Van Horne-
 who has signed the preceding cert^ficate  residing in the town of
Johnstown
and that James Cushney
who has also signed the same is a resident in the town of Amsterdam [word"and" crossed out]
is a credible person, and that their statement is entitled
to credit.
I, George D. Ferguson, Clerk of the said Court of Common
Pleas, do hereby certify, that the foregoing contains the
original proceedings of the said Court in the matter of the
Application
of Nathaniel Averill for a pension.
   In testimony whereof I have hereunto set my
   hand and seal of office this 25th day of
  September 1832.
         Geo: D. Ferguson [signature]
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State of New York
Montgomery County ⎬ SS
Personally appeared before the undersign
a Justice of the peace in & for said County, Nathaniel
Averill, who, being duly sworn, deposeth & saith that by
reason of old age & the consequent loss of memory he
cannot state any more circumstances than have been stated
by him in his declaration with regard to his services.
He says he served 15 months as stated by him in his
declaration. He says he has stated the year & place where
born: He has also stated that he had no (crossed out word) record of
his age. He says he resided at New Milford Litchfield
Connecticut when called into service; and has lived since
the Revolution in Amsterdam & Mayfield, and at present
resides at Amsterdam. He says he volunteered and enlisted
on was drafted into the service; He was acquainted with
Gen. Sullivan Gen Sterling, Sullivan, Gen, Lee and says
he was acquainted with Col Woodhull, who was taken a
prisoner on Long Island: He never received a discharge
He says he has no person by whom he can prove any
of his services and knows of no living witness to his
services; all the proof he has is traditionary, he has no
positive proof

Nathaniel Averill

Sworn & subscribed this 6th day of 
June 1838 before me N
Aaron Haring
Justice of the Peace
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State of New York
Montgomery County } ss

Victor Putman being duly sworn says
that he is well acquainted with Nathaniel Averill
of Amsterdam and says that he has always understood
that the said Nathaniel Averill was a Revolutionary
Soldier and believes that he served in the war of the
Revolution and this deponent says that he has heard
said Averill tell about his being in the service for
great many times for the last fifteen or twenty years
and says that he always found him very correct in his statements about the war and verily believes him to have
served as stated by him in his declaration, for he is a
man of strict truth and veracity

Sworn & Subscribed this 6th day
of June 1833

Victor Putnam (signature)

Before me
Aaron Haring
Jus (illegible) of Montgomery County

I certify that Victor Putman is a credible witness and entitled to (illegible)
A. Haring - 


State of New York
Montgomery County }ss

I George D Ferguson Clerk of the
Court of Common Pleas of said County, do hereby certify
that Aaron Haring Esquire, before whom the amendatory 
 affidavit of Nathaniel Averill & also the affidavit of
Victor Putman, purport to have been made was on the day of
the date thereof a Justice of the peace and I verily believe
that the name (word crossed out) subscribed^ to each affidavit and such {illegible}  to be genuine

Given under my hand and seal
of office this 19th day of June 1833
Geo: D. Ferguson
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23245
Nathaniel Averill
Montgomery Co
New York


C.
[illegible]
Private 13 months
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WAR DEPARTMENT,
Pension Office,
183
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 shew what is
necessary to be done. These 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, shewing the Service of Nathaniel Averill. Montgomery Co
New York
____________________________[double line]
|Period when service was rendered|
   [ Apr 1775]
   [ illegible 1776]
   [July Ditto]

|Duration of the claimant's service|
   [Years]      [Months]     [Days]
      ["]             [9]               ["]
      ["]             [4]              ["]
      ["]             [2]               ["]

| Rank of the claimant.|
   [Pri.]
    ["]
    ["]

| Names and rank of the Field officers
under whom he served.|
    [Col. Henman]
    [Cap E. Curtis.]
    [Leu. Swift.]

   [Cap. Couch..]
   [Lt.J.Ruggles.]

    [Col. Canfield..]
    [Cap. Cogswell]
     [ Lt. M. Nobb..]

| Age at present, and place of abode when he entered the service. |
   [75 years old]
   [Litchfield Co Con?]

|Proof by which the declaration is supported|
   [Traditionary]

(illegible }) I am, respectfully
Your obedient servant,
J. L. EDWARDS,
Commissioner 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 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 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 }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 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 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 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. 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 or commission; but it 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?
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 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 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 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 bis 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 mouths and days, I served as a and for such service 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 au embodied corps called into service by competent authority that lie 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 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 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 [j] are all equally applicable to 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.

Answered 
Joseph Rowan Esc Clk
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Rev War

12938
✓INVALID

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File No. 12938
Nathaniel Averill
[illegible] [illegible] War

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Act: June 7th 1832
Page 14

Rev War

12938
✓INVALID

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File No. 12938
Nathaniel Averill
[illegible] [illegible] War

------

Act: June 7th 1832