Revolutionary War Pension and Bounty Land Warrant Application File S. 1107, for Matthias Smith, New Jersey
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SERVICE NUMBER
New Jersey Smith, Matthias S. 1107
carded
CONTENTS
[illegible] Aug 2 1757 in Freehold Twp, Monmouth Co. N.J.
[Illegible] and in 1833.
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28.087
New Jersey
Matthias Smith
of Monmouth Co in the State of New Jersey
who was a Musician in the compy commanded
by Capt [Illegible] of the regt commanded
by Col Scudder in the N. Jersey Mila.
[the word line is crossed out] for 2 yrs [illegible] 1776
Inscribed on the Roll of New Jersey
at the rate of 88 Dollars -- Cents per annum
to commence on the 4th day of March, 1831.
Certificate of Pension issued the 15 day of Feb 34
and Sent to J.M.
Harthshorne, Freehold.
Arrears to the 4th of Sept 33 $220.--
Semi-anl. allowance ending 4 Mch 34 44.--
$264.--
{Revolutionary Claim,}
{Act June 7, 1832.}
Recorded by Wm [Illegible] Allison Clerk.
Book # Vol. 73 Page 131
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27373.
Declaration} For a
of} Pension
Matthias Smith}
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Declaration of Matthias Smith In order to obtain the receipt of the Act of Congress, Passed June 7, 1832.
State of New Jersey}
Monmouth County} SS:
On this nineteenth day of October in the year of our Lord one thousand eight hundred and thirty three, personally appeared in open Court, before the Judges of the Inferior Court of Common Pleas in and for the Township of Freehold in the County and State aforesaid, aged Seventy Six years on the 2nd day of August last, 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. The he entered the Militia of Monmouth County N.J. about the 1st of July 1776, when the Brittish Fleet first came in at Sandy Hook and Served under Captain Thomas Hunn at least three months during that year, every alternate month. Stationed at Sandy Hook and the High Lands of Never Sink as their head quarters. And their duties were to gaurd and protect the Shores and frontiers from the ravages and plundering of the Brittish and Tories: that During parts of the Months of December and January 1776-7, the Militia of this County were obliged to lay down their arms, the Brittish and Tories having obtained the ascendancy, but they resumed them again immediately after the Success of Washington at Trenton and Princeton. That Col Taylor had command of the Militia in the commencement of the war, but he afterwards became a tory, and went over to the Enemy, and then Col: Scudder & Major Holmes Commanded, Genl. Forman being absent at Long Island & New York during the latter part of the year 1776: That about the 1st of February 1777 he was again Called out in the Militia of Monmouth County N.J. And Served at least Six months during the year 1777 every alternate month, in 6 tours of one month each, under Captain Thomas Hunn's
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Stationed at the Highlands as aforesaid & quartered in a Small house Called the Calf House at that place, their duties were to guard and protect the inhabitants of the shores and frontiers as aforesaid: that during the year 1777 Asher Holmes was promoted to Colonel & Thomas Hunn was promoted to a Major - and then he served under the Lieutenant David Forman was their Brigadier General: that the Militia were divided into classes, and a certain number of classes (at least one half) were called from each Company, and put under the Command of a certain Captain, whose turn it was to serve; And from that cause, it often so happened, that he did not serve under the Captain to whose Company he regularly belonged, but he cannot recollect the other Captains names in the order in which he served under them, nor state the particular names.
That he Served in the Militia as aforesaid at least Six months in the year 1778, in a Light Infantry Company Commanded by Capt. Samuel Carhart, in Six tours of one month each, every alternate month, he having attached himself to Said Company, Peter Vanderhoef was Lieutenant and Jacob Allen Sergt thier head quarters were at Mount Pleasant in Middletown Township, and their duties were to patrol the shores and roads in order to detect the tories and trading parties, and to protect the inhabitants as aforesaid: that they were Subject to be called by classes and Sometimes to Serve under different officers as above mentioned, And often to be detached in Small parties for Scouts, or to perform guard, with a corporal or a Sergeant and they might not See their Captain for a whole month at a time; and therefore it is impossible for him to recollect with precision each officer, and the particulars of each month's Service nor can he recollect the particular day that each tour of duty commenced and ended, but he is positive that each tour was at least one month in length and that he served at least Six Such tours in each year as above mentioned; for he knows that the Militia of this County (and particularly those who lived on or near the lines and frontiers) were called out and obliged to Serve at
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least every other month as gaurd along the Shores and frontiers, whilst the main body of the Brittish Army were in New York and Phildelphia, and continually over-running New Jersey: that the Field Officers were the Same as last Mentioned: that from and after this time, and after a part of Enemy had embarked on the expedition against the Southern States, the Service upon the Militia was not so hard and rigorous, nor were they called out at all times, quite so frequent as before: that he Still belonged to and Continued to Serve in the Said Light Infantry Company at least four months, or tours in each of the years 1779 & 1780, and at least three months or tours in each of the years 1781 & 1782, but the particular day on which each month or tour of duty Commenced and ended he cannot at this distance of time pretend to State, but he is positive that each tour of duty was at least one Month in length, and that he Served at least four Such tours in each of the years 1779 & 1780. And at least three Such tours in each of the years 1781 & 1782 - That their head quarters and duties were the Same as last above mentioned and the Field Officers also; that as a less number of the Militia were called out, during the last years of the war, at the Same time, they were detached in Smaller parties and Spread along the Shore so as to extend the guard along the whole frontier, so that this applicant Seldom Served under the immediate Command of his Captain (thought always when at head quarters) but under Some of the Inferior officers of the Company, or Some other Officers to whose parties he was attached, but he cannot recollect them in order, nor can he State the particulars, for the reasons above mentioned Some of their names he gives to wit: Captains Barnes Smock, Major Jobes Drum Major, a recruiter; that he wasn engaged in no general Battles, but in Several Skirmishes with the Brittish and Tories, small parties of whom often landed upon the Shores for the purpose of foraging, plundering &c to wit: at the Highlands of Neversink, where about 70 or 80 of the Militia were taken prisoners, but this applicant made his excape after having his cap shot through though and the belt
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of his drum shot off; & in the Battle of Monmouth where he received a Slight wound in his hand, by the Sword of a horseman, and at Conaskunk along Shore that he was both a drummer and a fifer, and perfomed the duty of either one or the other just as the occasion required, during the whole of his service as above mentioned: that during the intermediate months when not on regular duty, he was Called out upon Alarms, and Served for three or four days and Sometimes a week at a tour: for all the Militia were Called out whenever the alarm was given that a party of the enemy had landed on the Shore, but he cannot pretend to compute this Service, it being very irregular, yet quite frequent: that his Marches general extended (while head quarters were at the Highlands) from Long Branch in Shrewsbury to the Bay Shore in Middletown, patrolling the shores and roads, and Standing duty at the intermediate points & places along the Shore to wit: Black Point, Jumping Point, Sandy Hook, Soal Harbour &c. and while head quarters were at Mount Pleasant, their marches extended from Amboy in Middlesex County to the Bay Shore in Middletown aforesaid, patrolling &c. as above mentioned at the intermediate points along the shore to wit: Amboy, Cheesquake, Middletown Point, Brown's Point, Conascunk, Way Cake, and Soal Harbour -
In Answering the Interrogatories prescribed by the War Department he Says -
1. That he was born on the 2nd day of August 1757 in the Township of Freehold County & State aforesaid.
2. That he has no record of his age, the family bible which Contained it was distroyed about forty years ago, but he has always heard his age from his parents: 3. That he resided in Freehold aforesaid when Called into Service, and has lived there every since.
4. That he was called into Service by the warning of his officers by the Authority of the ordinances & Laws of New Jersey.
5. That there were no regular officers with troops where he Served, except his own officers with the Militia as Stated above, [the word and is crossed out] that he collects of no Continental or Militia
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Regiments (except as above Stated) none being stationed in Monmouth County, and that the general circumstances of his Service are stated in his declaration.
6. The he never received any written discharge from the Service (none being given to the Militia), [the word and is crossed out] that he has no documentary evidence of his Service, and that he knows of John Hol[illegible] & Aaron F. Walker whose testimony he can procure, who can testify to his Service.
7. That he is known to the Revd. John Fountain & Asbury Fountain in his present neighborhood who can testify as to his character for veracity, and their belief of his Services as a Soldier of the Revolution.
That he always Served with an embodied Corps called into Service by the Authority of Laws & ordinances of New Jersey, that he Served in field and not in garrison, and that for the time during which his Service was performed he was not engaged in any civil pursuit.
That he hereby relinquished 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.
Sworn to and Subscribed in} 
open Court the day & year aforesaid} Matthias his  X mark Smith
John Patterson}
William Lloyd}
State of New Jersey}
Monmouth County} SS: John Holshart Esquire being duly Sworn deposeth and Saith that he is a Surviving Soldier of the Revolution aged Seventy four years, that he is well acquainted with Matthias Smith who has signed and Sworn to the above declaration, that he knew the said Smith and Saw him Several times during the Revolutionary War in the Service in the Militia of Monmouth County N.J. in Capt. Hunn's and other Companies, as a drummer, and this deponent verily believes that he, the Said Smith Served as often and when ever the Militia of Mon-
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Mouth County were called out, which was every other month in the beginning of the war, but in the latter part not so often, but this deponent cannot State any particulars about the Service of the Said Smith as drummer or mention the particular times and place he saw and Served with him in Said Militia, though frequently during the Revolution; for they lived in different parts of the County, and therefore did not generally Serve under the Same Capt, and that he never heard Said Smith's Character for truth and veracity in any way impeached and verily believes that he is a credible person and that his statements are entitled to credit -
Sworn to & Subscribed in open Court} John Holsart
Oct. 19th A.D. 1833}
"Said Smith's" first interlined}
John Patterson}
State of New Jersey}
Monmouth County} SS: Aaron F. Walker being duly Sworn deposeth and Saith that he is a Surviving Soldier of the Revolution aged Seventy four years: that he is well acquainted with Matthias Smith who has Signed and Sworn to the foregoing declaration, that he knew him and Saw him the said Smith in actual Service in the Militia of Monmouth County, N.J. under Capts. Hunn, Carhart, and others, acting as drummer, a number of times during                the Revolutionary War at Head quarters & at Several of their guard posts along the Shore of Said County, and has served with Said Smith stationed at the Same places during said War; but this Deponent cannot pretend to State the particular times and places he Saw the Said Smith in the Said Service, and Served with him, yet from the Character which he the said Smith Sustained of being a good whig and Soldier and particularly a good drummer he verily believes that the said Smith must have Served at least two years during Said war, for he
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Saw the Said Smith in Said Service as well in the beginning of the War, as in the latter part thereof, and he knows that the Militia of Monmouth County were called out in Service every other month during more than half of the period of Said War, and at least every fourth or third month during the latter part thereof.
Sworn to & Subscribed in open court}
October 19th in A.D. 1833} Aaron F. Walker x
The words "the Said Smith' and}
"month" interlined before sworn to.}
William Lloyd
State of New Jersey}
Monmouth County} SS: John Lequier being duly Sworn deposeth and Saith that he is well acquainted with Matthias Smith, and knows that the said Matthias Smith played the fife at Mount Pleasant, during the Revolutionary War, but he cannot State any particular times, for he lived in a different neighborhood and did not Serve in the same Companies with him under the Drum Major [Illegible]
Sworn to and Subscribed in open court} John Lequier
Oct. 19th 1833}
John Patterson}
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. And the Court further certifies, that John Holsart Esqr. Aron F. Walker & John Lequier who have Signed and Sworn to the above affidavit are, as it appears to them, Surviving Soldiers of the Revolution resident in Said County of Monmouth, that they are Credible persons and that their affidavits are entitled to full credit and further that it would be too much inconvenience and expense to the said applicant to produce a clergyman & another respectable person in Court, By order of the Court
William Lloyd
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We John Fountain a Clergyman formerly residing in the Township of Freehold - Monmouth County New Jersey and Asbury Fountain residing in the same place hereby certify that we are well acquainted with Matthias Smith who has Subscribed and Sworn to the annexed Declaration: that we believe him to be Seventy Six years of age, that he is reputed and believed in the neighborhood where he resides to have been a Soldier of the Revolution and to be a man of good character for truth and veracity and the we Concur in that opinion: Sworn and Subscribed Oct 19th 1833.
before me one of the Justices} Jno. Fountain
of the Peace in & for the County}
of Monmouth New Jersey} Asbury Fountain
Wm H Whitlock Justice}

And I the Said Wm H Whitlock Justice as aforesaid hereby Certify that it appears to me, that the Revd John Fountain who has Signed the preceding Certificate is a clergyman resident as above stated and that Asbury Fountain who has also signed the Same is a resident in the Same place, and is a credible person and that their statement is entitled to credit: [three lines and a partial line were crossed out], the said John Fountain mentioned above as "formerly" residing in the township of freehold now resides in the adjoining County of Middlesex and has known him long
Wm H Whitlock Justice
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I, Daniel H. Ellis clerk of the Inferior Court of Common Pleas in & for the County of Monmouth in the State of New Jersey do hereby certify that the annexed papers contain the original proceedings of the Said Court in the Matter of the application of Matthias Smith for a Pension: And further that William H. Whitlock, before whom the foregoing Certificate was sworn to & Subscribed and who has Signed his name to the jurat thereof, and to the Certificate following, is now and was at the date thereof duly enrolled in my office as a justice of the Peace in and for said County duly Commissioned and Sworn into office, and that full faith and credit are due and ought to be given to all his official acts as Such and that the Signatures "Wm H. Whitlock" Signed to the foregoing are the true hand writing and genuine Signatures of the Said Justice.
In Testimony whereof I
have hereunto set my hand
and Seal of Office At
Freehold this nineteenth day
of October in the year of
our Lord one thousand
eight hundred and thirty three.
D. H. Ellis Clk
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INVALID.
File No. 1107
Matthias Smith
Priv. N.J. Mil.
Act: June 7, 1832.
Index:--Vol. A, Page 345
[Arrangement of 1870.]
Page 14

M. Smith
Mathias Smith
#1107

Payments to be made
at Trenton
by P. Dickinson Esq
Agent for paying Pensioners,
in the Agency of
New Jersey.
Recorded in the Pension Office,
in Book E Vol. 3
Page 131 by
Wm Allison Clerk.
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WAR DEPARTMENT.
REVOLUTIONARY CLAIM.
I certify that, in conformity with the law of the United States of the 7th June, 1832, Matthias Smith of New Jersey
who was a Musician in the Army
of the Revolution
is entitled to receive Eighty eight dollars and
-- cents per annum, during his natural life, 
commencing on the 4th of March, 1831, and
payable semi-annually on the 4th of March, and
4th of September in every year.
Given at the War Office of the United 
States, this fifteenth day of
February one thousand eight
hundred and thirty-four.
[Illegible] Cass
Secretary of War.
Examined and}
Countersigned,}
J L Edwards
Commissioner of Pensions.
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Mar 7, 1834. Paid to Mar 4, 1834
Sept [illegible] 1834 Paid to Sept 4 1834
Mar 9 1835 Paid to Mar 4 1835
Sept. 9, 1835 Paid to Sept. 4, 1835
Mar 9 1836 Paid to Mar 4 1836
Sept 8 1836 Paid to Sep 4 1836
Mar 6 Paid to 4 Mar 1837
Paid to 4 Sept 1837
Paid to 4 Sept 1838
Paid to 4 March 1839
Paid to 4 Sept 1839
Paid to 4 Mar 1840
Paid to 4 Sept 1840
Paid to 4 Mar 1841
Paid to 4 Sept 1841
Paid to 4 Mar 1842
Paid to 4 Sept 1842
Paid to 4 decem 1843
[Written vertically is the number 28.087]
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J. L. Edwards Esqr
Comr of Pensions
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Nov. 29, AD 1833.
Freehold, New Jersey
Sir.
The Claim of Matthias Smith is a very Moderate one - He no doubt Served every other month during the whole war, but he said that he would rather state is less, than to exceed his Service
The circumstances requiring alternate monthly Service are particularly Stated and Set forth in my letters dated one on the 19th Oct. & the other about the 30th.
John Fountain is certified to be a clergyman. He swears that there are no Survivors in the new affidavit And the grade of Service is explained also.
Respectfully Your obt.
Servant &c
J. M. Hartshorne.
J. L. Edwards Esqr
Commissioner of Pensions.
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State of New Jersey}
Monmouth County} ss: Personally appeared before me the undersigned a Justice of the Peace in and for Said County Matthias Smith, who being duly Sworn deposeth and Saith, that he is the identical Matthias Smith named in the Declaration numbered 27,383 by the War Department, that all or much the greater part of his Service mentioned in his declaration was performed in the grade of a drummer, that from his natural talent for music, he could play the fife as well as beat the Drum and all he Meant say in his Declaration was that whenever it so happened that there was no fifer present, he this applicant would perform that duty, but he never acted in the capacity except for others, and then but for Short periods; but that his grade of Service was really and truly that of a drummer, and that he had no idea of Claiming for any other grade: that he knows of no person or persons (except those, whose affidavits are attached to his Declaration) who can testify to any of his Service.
Sworn to and Subscribed} Matthias his X mark Smith
before me Nov. 29th 1833,}
being first read to him.}
William Lloyd}
I, Daniel H. Ellis, clerk of the Inferior Court of Common Pleas in & for the County of Monmouth in the State of New Jersey do hereby certify that William Lloyd before whom the foregoing affidavit was Sworn to and Subscribed is enrolled in my office as a Justice of the Peace in & for Said County duly Commissioned and Sworn into office: and that full faith and credit are due and ought to be given to all his official acts, as Such, and further that William Lloyd Signed above is his true hand writing and genuine Signature
In Testimony whereof I have hereunto set my hand & Seal of office at Freehold this 29th day of Novr. A.D. 1833 D. H. Ellis Clk
Page 20

Matthias Smith
27373.
New Jersey.
[illegible] 1776
Musician 2 yr
$88
JM Hartshorne
Freehold
Page 21

WAR DEPARTMENT,
Pension Office,
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 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 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 Mathias Smith
Period when the service was rendered Duration of the claimant's service Rank of the claimant. Name and Rank of the Company officers under whom he served. Names and Rank of the General and Field officers. Battles in which the applicant was engaged. Country through which he marched. Place of abode when he entered the service, and age at the present period. Evidence by which the declaration is supported.
I am respectfully,
Your obedient servant,
J. L. EDWWRDS,
Commissioner of Pensions.
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REGULATIONS UNDER THE ACT OF JUNE 7, 1832. The following regulations have been adopted: This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army and to include under the terms "Continental Line," "State troops," "militia" and "volunteers, all persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store 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. Sate, Territory, or District of} County of} ss. On this day of A.B. a resident (b) of personally appeared (a) before in the county of and State, Territory or District 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) 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; 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 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. [Illegible] This form is to be varied to as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.}f 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. 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 hereby certify, that we are well acquainted with and C.D. residing in (the same) 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. 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 &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 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. Sate, Territory, or District of} County of} ss. On this day of A.B. a resident (b) of personally appeared (a) before in the county of and State, Territory or District 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) 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; 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 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. [Illegible] This form is to be varied to as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.}f 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. 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 hereby certify, that we are well acquainted with and C.D. residing in (the same) 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. 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 &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 of the events of the period of his
# John Fountain is not certified to be a clergyman
Must appear whether survivors [illegible]
Page 23

alleged service, as they are known to the Department. A very full account of the services of each person 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 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, an in the absence of any direct proof, except the declaration of the party. And the Courts are requested to be very particular in the enquire whether the belief [illegible] generaland whether any doubts have ever existed upon the subject.
Applicants unable to appear in Court by reason of bodily infirm may make the declaration before required, and submit to the examination, before a Judge or Justice of the 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.
Whether any official act is required to be done by a Judge or Justice of a Court of Record, of by a Justice of the peace, the certificate of the Secretary of State or Territory, or of the proper
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 wherehe 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 that 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."
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
days, I served as and for such service I claim a pension state that they served two years in the militia, &c. without specifying the tours, the names of the officers, and other particulars respecting the 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 the 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 he 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 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 magistrates 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.
[Illegible] The notes from [a] to 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.