Revolutionary War Pension and Bounty Land Warrant Application File S. 11,987, Joseph Andrus, Vt.
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Vt.       Andrus, Joseph      S.11987
                                          carded
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18-819
Vermont
Joseph Andrus
of Franklin Co in the State of Vermont
who was a Lieut [illegible] C. in the Company commanded by Captain Henri [illegible] of the regt. commanded by Col. Warren in the [illegible]
[illegible] for 4 mo Lt. 53.33
1 .. Ensign  10.00
6 .. Sgt.  30.00
13 ..Pr. 43.33
------------
156.66

Inscribed on the Roll of Vermont 
at the rate of 136 dollars 66 cents per annum, to commence on the 4th day of March, 1831.

Certificate of Pension issued the 5 day of Oct. 1833 and [illegible]
W. Bridges. St. Albany

Arrears to the 4th of Sept. 1833 $341.66
Semi-ant. allowance ending 4 March '34 68.33 
$410.00

Revolutionary Claim,
Act June 7, 1832
Recorded by W. L. Williams Clerk,
Book [illegible] Vol. 3. Page 57
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Joseph Andrus
Declaration
for a Pension
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Declaration

In order to obtain the benefit of the Act of Congress, passed June 7th, 1832.

State of Vermont, Franklin County, SS. } On this 21st day of August 1833, personally appeared in open Court, before the Court of Probate, now sitting, Joseph Andrus of Vermont, age 78 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 7th, 1832. That he entered the service of the United States, under the following names Officers, and served as herein stated.

In the year 1775, the first of May he volunteered and marched to Fort Ticonderoga and there he was first under the command of Capt Samuel Herrick, and Lieut Saturlee, & Ensign Willoby and immediately he sailed for St Johns, in Lower Canada, and there took the Kings Hook and 14 men which were stationed there as a guard, and returned back to Ticonderoga and there performed Garrison duty. Col Arnold commanded the shipping on the Lake, and the Laud force until the 1st day of duty when Col Easton, or Gasow took the command. He removed by water from Ticonderoga to Crown Point and there he remained until the 14th day of September when his brother Jeremiah Andrus, was excelited as a Sules while in place of the applicant and he (the applicant) returned home. 

In the year 1776 the first of September, he volunteered, under Captain Willoughly, Lieutenant Jonas Galnska and moved to Ticonderoga and there stationed to reinforce the Garison at that place.
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plain, under the command of Col. Arnold
that same time in October the engagement
took place between the fleets, and the Americans put to flight, only three or four of the vessels returned; many of the troops who served on board, returned to camp some days after the engagement, having left their Boats north of Crown Paint and returned by land to Ticonderoga. Served as a private doing Garrison duty till the 3d day of November and was then dismised after serving two months.

In the year 1777, on or about the first of May,  he volunteered under the command
of Capt Jonas Galusha 2d in the Regt commanded by Col. Seth Barnes marched to
Fort Edward N.Y. on the Hudson River, and
from thence to Josephs Patten N.Y. so called - remained there a short time, then returned to
Vermont to Mount Independance, and from
thence was ordered to Ticonderoga, again joined Col. Warners Regt. was stationed at the Fort till it was evaded by the Americans, then under the command of Gen St. Clair. A part of the troops which belonged to Col. Warners Regt marched to Manchester VT, and there stationed about four weeks, was then ordered to Benmington , where they were stationed guarding a quantity of supplies collected for the American troop
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nothing material took place at Bennington until the 11th of August, although one Regt of British and Hessians had intrenched themselves previous to the engagement. The enemy was attacked by the Americans (mostly Militia) under Gen Starks, and aided by Col Seth Warner Regt who arrived in time to meet the British reinforcement, who were  immediately put to flight. After the engagement at Bennington the applicant returned to Pawlet where he was meet by a considerable body of troops under Col. Brown and Basil, from thence to Castleton, and from thence to Lake Champlain, Shanesborough and Mount Independence, crossed over and attacked Mount Defiance and being joined by Col. Herrick's regt that was immediately carried, the  troops than proceeded to Lake George where they took a party stationed there and the Black house at the French lines; an attempt to take Diamon Island Lake George but the expedition failed on account of the enemy having gained information that the Americans had taken the Garrison at Lansing, after this expedition was over, which ended soon after the surrender of Gen Burgoyne he returned to Pawlet and was there dismissed having served six months.
on the first day of May 1778, he again
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enlisted
under the command of Major Whitcomb for seven months to do garison duty at Rutland VT and served at Rutland the whole term of seven months as a private. In the year 1779, he enlisted on or about the first day of May in to the company commanded by Capt Thomas Sawyer for six months to do garison duty as on orderly sergeant, served at Rutland, Pittsford, and Castleton being places of general rendezvous, and scouting in the vicinity of Lake Champlain, served in the Regt commanded by Col Brownsons but was not stationary any one place but a short time, served his time out and dismissed in November.
In the month of June or July 1780, he enlisted as an Ensign for one month under the command of Captain Galusha, Col Walbridges Regt troops were raised at that time to reinforce at Castleton Vermont, march to Castleton, and guard at the fort at that place one month.
In the month of September 1781 he served at Castleton as a Lieut and commanded a company in Col. Samuel Herrick Regt two months 
[In the year 1782, in the months of September and October, he again commanded a company as Lieut under the command of Col. Samuel Herrick, served at Castleton. From there
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In the year 1782, he volunteered for two months and commanded a company as a Lieut under Col Herrick, marched to Castleton and there performed camp duty the months of September and October, was dismissed and closed his last campaign.
The applicant further stated that he was born in Norwich in the county of New London in the State of Connecticut in the year 1754 as a record of his age.
When he was called into service he was a resident of Shaftsbury County of Bennington and state of Vermont where he lived during the revolution, removed from thence to Timmouth VT and from thence to Berkshire his first present residence.
The following are the names of the officers with whom he was acquainted who were with the troops while he was in service not before named in the foregoing declaration Vis Capt Lusk, Col Carson, Col Allen, Capt Allen, Capt Comstock, Capt Hutchin, and Lieu Elias Hall.
The foregoing are all that he can recollect except those named in his declaration where he has stated the general circumstances of his service
He never received any written discharge at the close of either of his campaigns.
The following are names of persons resident
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in Berkshire who can testify to his character, and their belief of his having been a soldier of the Revolution. viz
Harry Clark, James Stone, Paschal P. Levens Esq, John M Woodworth, Jonathon Danforth, Rev Perley Hall, and B.B. Searls and Augustin Crampton.
The applicant further states that he has no documentary evidence except his two commissions, and that he knows of no person by whom he can prove his service.
He hereby relinquishes every claim whatever to a pension or annuity except the present and declares that his name is not on the pension roll of the agency of any state.
Sworn to and subscribed the day  and year afsd 
Joseph Andrus
We Perley Hall (a Clergyman) and Cromwell Bowen residing in Berkshire, county of Franklin and state of Vermont hereby certify that we are well acquainted with Joseph Andrews of said Berkshire who has subscribed and sworn to the above declaration, that we believe him to be seventy eight years of age, that he is
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reputed and believed in the neighborhood where he resides to have been a soldier of the Revolution, ad that we concur in that opinion. 
Sworn and subscribed the day and year of
Perley Hall
Cromwell Bowen
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 said court further certifies that it appears that the Rev Perley Hall who has signed the same is a clergyman and that Crmwell Bowen, who has also signed the same, is a resident of Berkshire and is one the selectmen of [SD] Town, S. Hall is also a resident of Berkshire and that their statement is entitled to credit.
Stephen L. Brown 
Judge
Aaron S. Beeman Clerk of Probate court do hereby certify that the foregoing contains the original proceeding of the said court in the matter of the application of
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Joseph Andrews for a Pension.

In testimony whereof I have hereunto set my hand and affixed the seal of said  court at St Albans in said district this 26th day of August AD 1833

Asron S Beeman Clerk
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State of Vermont
Franklin county St. Albans May 23 A1833
Personally appeared before [strikeout] me the undersigned, a justice of the peace within and for the count aft Joseph Andrews who, being duly sworn, deposeth and saith that by reason of old age, to and the consequent laps 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: -
1 For four months and a half he served as a private 
2 Campaign for two months. He served as a private
3 For six months he served as a private:
4 For seven months he served as a private;
5 For six months as an orderly sergent;
6 For one month he served as an Ensign;
7 For two months he served as a Lieut-
8 For two months he served as a Lieut; and for such service he claims a pension
Sworn to and subscribe Joseph Andrus
This 23 day of May A1833

Before me
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No 4157
Jos. Andrus
Vermont
Admitted
4 mos Lieut 53.33
[illegible] " Ensign 10.00
6 " Sergeant 30.
13" Private 43.33
 136.66

W. Bridges
St. Albans
273.33
68.33
341.66
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BRIEF in the case of Joseph Andrus of Berkshire Cy of Franklin in the State of Vermont
(Act 7th June, 1832.)
1. Was the declaration made before a Court or a Judge? Court
2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity? [blank]
3. How old is he? 78.
4. State his service, as directed in the form annexed.
[column headings: Period.|Duration of Service.(Years,|Months,|Days.)|Rank.(As a)|Names of General and Field Officers under whom he served.(Gen.)|]
May 1775|([blank]|4|17)|Private|Capt Herrick. Col Easton|
Sept In 1776|([blank]|2|[blank])| " |[blank]|
May 1777|([blank]|6|[blank])| " |Col Warner,Genl|
 " 1778|([blank]|7|[blank])| " |[blank]|
 " 1779|([blank]|6|[blank])|Sergeant|Stark. Col Walbridge|
1780|([blank]|1|[blank])|Ensign|Col Herrick|
1781|([blank]|2|[blank])|Lieut|[blank]|
[end of columns]
5. In what battles was he engaged? Bennington
6. Where did he reside when he entered the service? Shaftsbury, Vermont
7. Is his statement supported by living witnesses, by documentary proof, by traditionary evidence, by incidental evidence, or by the rolls? 
Documentary for services in 1780 & 1781. his own oaths for remainder
8. Are the papers defective as to form or authentication? and if so, in what respect? Defective no testimony except for 1780 & 1781
I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
/s/Jas McCrary Examining Clerk.
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11.987
Rev War INVALID.
File No. 11,987
Joseph And['rews' crossed out] Andrus
Lieut &c. Rev. war.
Act: June 7th 1832
Index: - Vol. A, Page 9
[Arrangement of 1870.]
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His Excellency
Thomas Chittenden,
Captain-General, Governor, and Commander in Chief in and over the State of Vermont, 
To Joseph Andrews Gentleman Greeting. 
You being elected Lieutenant of the sixth Company in the Second Regiment of the Militia of this State; reposing special Trust and Confidence in your Patriotism, Valour, Conduct and Fidelity, I DO, by these Presents, in the Name of the Freemen of this State, authorise and impower you to take Charge of said Company as their Lieutenant. You are therefore carefully and diligently to discharge the Duty of Lieutenant of Said Company by doing and performing all Manner of Things thereunto belonging.---And I do strictly charge and require all Officers and Soldiers under you Command, to be obedient to your Orders as Captain. And you are to observe and obey such Orders and Directions from Time to Time, as you shall receive from me the Governor of this State for the Time being, or other your superior Officers, according to the Rules and Discipline of War, and the Laws of this State.

Given under my Hand and the Seal of this State, in Council, this 23rd Day of May 1781
By His Excellency's Command,   
Joseph [illegible] [illegible] Chittenden

S. File 11,987
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Thomas Chittenden, Esq; Captain General, Governor and Commander in Chief, in and over the State of Vermont.

To Joseph Andrus Gentleman

You being elected Ensign of the 2nd Company in the [illegible] in the 2nd regiment of the Militia of this State; Reposing Special trust and confidence in your Patriotism, Valour, Conduct and Fidelity, I do by these Presents, in the name of the Freemen of this State, authorise an impower You to take charge of said Company as their Ensign. You are therefore carefully and diligently to discharge the duty of Ensign of said Company by doing and performing all manner of things thereunto belonging; And I do Strictly charge and require all Officers, and Soldiers, under your command, to be obedient to your orders as Ensign and you are to observe and obey such orders and directions from time to time as You shall receive from me the Governor of this State for the time being, or other your Superior Officers, according to the rules and Discipline of War, and the Laws of this State. 

Given under my hand, and the Seal of this State, in Council, this 15th Day of November [illegible]
By his Excellency's Command 
[illegible] Chittenden
Joseph [illegible]
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No 4157
Declaration
and papers of
Joseph Andrus
for a Pension
[illegible] too
May 10th 1833
Signature [illegible] Interrogatories
Traditionary
evidence time
the seal of the
certificate
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DECLARATION.
Revolutionary claim, under an Act of Congress, Passed June 7th, A. D. 1832.
STATE OF VERMONT,
DISTRICT OF GEORGIA, ss.} Franklin County Probate Court, July 31st A.D. 1832.
Personally appeared in open Court, being the Probate Court for the County of Franklin, and a Court of Record for said County, and State of Vermont, as will appear by the first section of a Statute Law of said State, entitled, "An act, constituting Probate Courts Courts of Record," - passed November 15th, A.D. 1821, [see 1st. section of said act,] Joseph Andrus aged 78 years, resident in Berkshire in said County, 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 7th, A. D. 1832. 
That he was born in Norwich in the County of New London and State of Connecticut, he removed from Norwich to Shaftsbury in the State of Vermont in the year 1770. in the year 1775 the first of May of May he volunteered and marched to Fort Ticonderoga and there he was put under the comand of Cap't Sam'l Herrick and Lieut. Saturlee (Satterlee) & Ensign Willoby (Willoughby) and immediately he sailed for St. Johns in L.C. (Lower Canada) and there took the Kinges Sloop ad 14 men which was stationed there as a guard and he returned back to Ticonderoga and there performed Garrison duty. Col. Arnold commanded the Shipping on the Lake, and the land forces untill the 1st of July when Col. Easton took the command, he moved by water from Ticonderoga to Crown Point and there he remained untill the 17th of September when Jeremiah Andrus his Brother with his Equipments was Substituted to take his place, and he returned home and labor in his brothers place and from thence Jeremiah Andrus marched with the Army under the command of General Montgomery to St. Johns L. C. and from thence to Montreal, and from thence to Three Rivers so called, where he was reported to have Died and lost his gun and Equipment. the time he served is 7 months 
In the year 1776 the 1st of September he volunteered under the comand of Capt Willoughby, Lieut. Jonas Galutia (Galusha) and Marched to Tyconderoga & then stationed to reinforce the Garison and dismissed the 3d day of No'r following makeing two months - 
In the year 1777 on the first of May he volunteered his services under the commanded of Jonas Galusha, 2d Capt., and Col. Seth Warner commanded the Regiment and marched to Fort Edward and from thence to [illegible] Patton (Patent) NY so called
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remaining a short time, then he returned to Vermont and was ordered to fort Tyconderoga under the command of Col. Seth Warner to reinforce the Garrison and there remained untill the retreat of the American troops from the fort, to Manchester and there remained about four weeks, and then he was ordered to Bennington and on the 16th day of August he fought in the Battle between the American army commanded by General Starks and the British by Col. Baum. and the he returned to Pawlett, to Mount Hope, and Mount Defiance and took possession of the same. and then he returned to Pawlett, and so he was Scouting untill the last of October makeing Six months Service. - In the month of May 1st day 1778 he enlisted under the command of Capt. Joseph Briggs in Major Whitcomb Regt for 7 months to do Garrison duty in Rutland in the State of Vermont for the whole time of the 7 months - 
In the year 1779 he enlisted in the company commanded by Capt. Thomas Sawyer on the first of May for Six months to do Garrison duty as orderly Sergeant in Capt. Sawyers company and there fulfilled the full time of his enlistment 
In the year 1780. he Enlisted as Ensign in a company commanded by Capt. Galusha 1st Col. Walbridge comanded the Regiment to reinforce at Castleton for one month - 
In the year 1781 in the months of September and October two months he served as Lieut. and commanded a company in Col. Sam'l Herricks Regiment as will appear by commission - In the year 1782, in the months of September and October he command a Company as Lieut under Col. Sam'l Herrick and marched to Castleton and there performed Camp duty during the time of two months
2. He hereby relinquishes every claim whatever to a pension or annuity, except the present, & declares &c.
Sworn to, and subscribed, the day and year aforesaid. /s/Joseph Andrus
And the Court do hereby declare their opinion, that the above named applicant was a revolutionary soldier, and served as he states.
/s/William Bridges Judge
I, John Gates, jr. Register of the Court of Probate for the district aforesaid, do hereby certify, that the foregoing contains the original proceedings of the said Court in the matters of the application of Joseph Andrus for a pension.
[court seal affixed] IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of office this 8th day of August A. D. 1832. 
/s/John Gates ju'r Register.
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4157
Joseph Andrews
Wm Bridges
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WAR DEPARTMENT, 
Pension office, 
April 25, 1833

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 show 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, (this: }). 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, showing the Service of

Period when the service was rendered. Duration of the claimant's service. Years. Months. Days. Rank of the claimant. Names and rank of the Field officers under whom he served. Age at present, and place of abode when he entered the service. Proof by which the declaration is supported. 

I am, respectfully, 
Your obedient servant, 
J. L. Edwards
Commissioner of Pensions.

Joseph Andrews
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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, mucicians 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 a 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 this 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 though 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. 

[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 days 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 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 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 teh 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 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."
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 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 [i] 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.