Revolutionary War Pension and Bounty Land Warrant Application File R. 3213, Samuel Eaton, N.H.
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SERVICE
N. H.
Eaton, Samuel
NUMBER
R. 3213
CONTENTS
[blank]
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Saml Eaton's application for Pension.
13,172

rolls complete no such man served in [illegible] of 1781
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STATE OF OHIO.
Ashtabula COUNTY SS.
On the 25 day of September A. D. 1832 personally appeared in open court, before the Judges of the court of Common Pleas now sitting, Samuel Eaton a resident of Monroe in the county of Ashtabula and state of Ohio, aged 68 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, 1832.
THAT he entered the service of the United States under the following named officers, and served as herein stated.
Was in the month of June 1781 mustered and received by Genl Nicholls at Amherst in the State of New Hampshire (as a substitute from the Town of Ware [Weare]) in the continental service, and was marched from there under the charge of a soldier by the name of John Ramsay, with about twenty five others to White Plains where he served the first New Hampshire Regt under Col. Dearborn in Capt Ellis' Company served six months duty about three months at the time in patroling between the army was discharged in writing by Maj. Scott at Saratoga, which discharge has since been lost. In March 1783 substituted in place of Benjamin Critchett, then a continental soldier in Captain Moody Dustin Company first New Hampshire Regiment commanded by Col. Silly joined the Regiment near Fishkill. Was marched to what was called Planks or Ver Planks [Verplancks] Point and was dismissed in December following.
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 aforesaid.
[signature] Samuel Eaton
L. Moffitt Associate Judge
We, Samuel Jones residing in the town of Salem
an Old Edward Obed Edwards residing in Ashtabula, hereby certify, that we are well acquainted with Samuel Eaton who has subscribed and sworn to the above declaration; that we believe him to be 68 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.
[signature] Lemuel 
[signature] Obed Edwards
SWORN, and subscribed, the day and year aforesaid.
[signature] Lemuel Moffitt associate Judge
AND the said court do hereby declare their opinion, after the investigation of the matter, 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 Lemuel Jones who has signed the preceding certificate, is a resident in the town of Salem and that Obed Edwards, who has also signed the same is a resident in the town of Ashtabula and is a credible person, and that their statement is entitled to credit.
I, Sam Hendry clerk of the 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 Samuel Eaton for a pension.
IN TESTIMONY whereof, I have hereunto set my hand and seal of office, this 25th day of September A. D. 1832.
[signature] Sam Hendry Clerk
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State of Ohio
Ashtabula County ss.
On this 15th day of April AD 1834 personally appeared in open court before the Judges of the Court of Common Pleas now sitting Samuel Eaton a resident of Monroe, Ashtabula County and State of Ohio aged sixty nine 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 seventh Eighteen hundred thirty two.
That he entered the service of the United States under the following named officers and served as herein stated.
Was in the month of June or July seventeen hundred Eighty one mustered and received General Nicholls at  Amherst in the State of New Hampshire (as a substitute in the last class of three years men from the town of Ware [Weare] in the State of New Hampshire of which town he was then a resident) in the continental service and was marched from there under the charge of a soldier by the name of John Ramsey with about thirty five others to White Plains where he found and joined the company of Capt Benjamin Ellis belonging to the first New Hampshire Regiment commanded by he thinks Col Scammel. That he performed military duty for the term of six months under different officers. Some part of the time was spent in patroling between the two armies at different posts (viz) Groton bridge little Britain church and others. In the fall joined the Regiment at Peekskill, soon after marched to Albany, shortly from thence to Saratoga where
he remained in the above named company & Regiment untill discharged in writing by Major Wm Scott in the month of Decr or January which discharge has since been lost.
In March seventeen hundred Eighty three took the place of Benjamin Critchett a soldier in the last class of three year's men in the company of Capt Moody Dustin of the first New Hampshire Regiment commanded he thinks by Col Silly head quarters near Fishkill in the State of New York in June following he with others was marched to Plank or Ver Planks [Verplancks] Point on the Hudson River and there remained untill the last of Decr under the command of an officer by the name of Swartout {Swartwout] the enlistment of the sd Critchett was not at this time expired but not having any further need of his services the said Eaton was dismissed without a formal discharge.
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During these periods of service he was not in any regular pitched battles the said Eaton was born seventeen hundred sixty five in the town of Ware [Weare] County of Hillsborough and State of New Hampshire but has no record. Has since he became of age has lived twenty years in the town of Tunbridge Orange County and state of Vermont and in the state of Pennsylvania five years and twelve years in in the State of Ohio. The reasons rendered for not having a 
Clergyman's certificate annexed is that there is none within the immediate vicinity of his residence.
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.
William Ensign, and Daniel Hatch are personally acquainted with me, reside in my neighborhood and can testify as to my character for veracity & their belief of my services as a Soldier of the Revolution.
[signature] Samuel Eaton
Sworn to and subscribed the day and year aforesaid.
before me [signature] Lemuel Moffitt Associate Judge

We William Ensign and Daniel Hatch residing in the township of Monroe in the County of Ashtabula hereby certify that we are well acquainted with Samuel Eaton who has subscribed and sworn to the above declaration; that we believe him to be sixty nine 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.
[signature] Wm Ensign
[signature] Daniel Hatch
Sworn to and subscribed the day and year aforesaid.
Before Lemuel Moffitt Associate Judge
And the said Court do hereby declare their opinion
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after the investigation of the matter and after putting the interrogatories presented by the war department, that that the before named applicant was a Revolutionary Soldier and served as he states. And the Court further certifies that it appears to them that William Ensign and Daniel Hatch who have signed the funding certificate are residents in the township of Monroe aforesaid and are credible persons and that their statement is entitled to credit.

State of Ohio
Ashtabula County ss.
I Samuel Hendry Clerk of the Court of Common
Pleas of the said County of Ashtabula, do hereby
certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Samuel Eaton for a pension.
In the testimony whereof I have hereunto set
my hand and affixed the seal of the said Court at Jefferson the 16th day of April A. D. 1834.
[signature] Saml Hendry Clerk P.Tem.
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The State of Ohio
Ashtabula County ss.
On this 3d day of October AD 1834 personally
appeared before me Lemuel Moffitt one of the Associate Judges of the Court of Common Pleas for the County of Ashtabula Samuel Eaton a resident of the township of Monroe in said County & State of Ohio aged seventy 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 as a private under the following Officers and served as herein stated. On the first day of July 1781 was mustered and raised by Gen. Nichols at Amherst in the State of New Hampshire as a substitute in the last class of three years men from the town of War [Weare] in the State of New Hampshire, being at that time a resident in the town of Sutton in said State and County in the Continental service, and was marched from thence under the charge of a soldier by the name of John Ramsay with about thirty five others to white plains where he found and joined the Company of Capt Benjamin Ellis belonging to the first New Hampshire Regiment commanded by Col. Scammel, that he performed Military duty for the term of six months under different officers, being detached as one of a patrolling
party under Capt. Cherry along the enemies lines at Groton Bridge, little Britian Church and other places when they frequently came in sight of the enemy. In the fall joined the Regiment at Peekshill, soon after marched to Albany, shortly from thence to Saratoga where he remained in the above named Company and Regiment until discharged in writing by Major William Scott on the first day of January 1782 which discharge he has lost as he considered it of no value.
That he again entered the service of the United States in the latter part of the month of March AD 1783, took the place of Benjamin Critchet, a soldier in the last class of three years men in the company of Capt Moody Dustin of the first New Hampshire Regiment commanded by Col Silly, whose headquarters were near Fishkill in the State of New York. In June following he with others was marched to Planks or Verplanks [Verplancks] Point on the Hudson River and there remained until the latter part December under the command of an officer who was the Capt of a Company of Artillery by the name of Swartout. [Swartwout]
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The enlistment of the said Critchet was not at this time expired but not having any further need of his services the said Eaton was dismissed without any formal discharge having completed nine months service. During these periods of service he was not in any regular pitched Battles. While at Verplanks [Verplanck's] Point he performed Garrison duty under said Swartout [Swartwout] who as before stated was Capt of artillary & had the charge of the Garrison. During the two periods of service he was employed wholly in military affairs and was not engaged in any civil pursuit. That he was
born in the town of War [Weare] in the State of New Hampshire on the 28th of September 1764. That he has no record of his age. That when called into the service he was living in the town of Sutton in the State of New Hampshire. That since the Revolutionary War he has lived in the State of New Hampshire six years, that he afterwards lived in the State of Vermont twenty eight years.
After which he resided five years in the State of Pennsylvania since which he has resided in the township of Monroe in the County of Ashtabula & State of Ohio, where he now lives, & has lived there about twelve years.
The manner of his being called into service the first six months was the town were called on to furnish a certain number (I think six men) & the town authorized their selectmen to hire on the best terms they could & I was hired in that  manner & as I then understood I was a substitute for one of the three years men, but for what particular man I did not understand, but was to remain a substitute for a while until the three years men could be procured. The other questions being embodied in the declaration it can be of no use to resubstitute them here except the seventh. That he served as a private the last as well as the first period of his services. He hereby relinquishes every claim whatever to a pension annuity except the present and declares  that his name is not on the pension Roll of the Agency of any State and that he has no documentary evidence to prove his service. Josiah Spalding a Clergyman residing in the township of Monroe and Humphry Cram residing in the same township and both of them in my immediate
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neighborhood can testify as to my character for
Veracity and their belief of my services as a soldier of the Revolution.
[signature] Samuel Eaton
Sworn to and Subscribed, the day and year aforesaid before me.
[signature] Samuel Moffitt Associate Judge

Mr. Josiah Spalding a Clergyman residing in the township of Monroe and Humphry Cram residing in the same place hereby certify that we are well acquainted with Samuel Eaton who has subscribed and sworn to the foregoing declaration. That we believe him to be seventy 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.
[signature] Josiah Spalding
[signature] Humphry Cram
Sworn and subscribed, the day year aforesaid Before me [signature] Lemuel Moffitt associate Judge

I Samuel Eaton above named hereby wish to correct an unintentional error in my second declaration wit respects the time of my birth, it should have been 1764 instead of 1765. And also a mistake in the first declaration in the name of
Col. it should have been Scammel instead of
Dearborn.
[signature] Samuel Eaton
Sworn to and subscribed this 3d day of October 1834.
Before me [signature] Lemuel Moffitt Associate Judge

And I the said Samuel Moffitt Associate Judge of
aforesaid do hereby declare my opinion after the investigation of the matter, and after putting the several interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier and served as he states. And I do further certify that it appears to me that Josiah Spalding who has signed the preceding certificate
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is a Clergyman, and that Humphry Cram who has
also signed the same is a resident in the township of Monroe in the County of Ashtabula (with both of which persons I am personally acquainted) and they are both credible persons and that their Statement is entitled to credit. And I do further certify that the said Samuel Eaton who has subscribed and sworn to the foregoing declaration as an applicant for a pension is so disabled from bodily infirmity that he cannot  attend this Court.
 In testimony whereof I have hereunto set my hand.
[signature] Samuel Moffitt Associate Judge

The State of Ohio
Ashtabula County ss.
I Wm Hendry Dep Clerk of the Court of Common Pleas of said County do hereby certify that Samuel Moffitt Esquire whose name is above subscribed in his own proper hand writing which is to me well known is one of the Associate Judges of our said Court of Common Pleas duly commissioned and sworn agreeably to the laws of the State of Ohio, and that to his acts as such full faith and credit are due.
In testimony whereof I have hereunto set my hand and affixed the seal of the said Court at Jefferson the third day of October in the year of our Lord one thousand eight hundred and thirty four.
[signature] W. Hendry Depy Clerk
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30,840
Samuel Eaton Ohio
Rejected did not serve six mo.
The person for whom the appl alleges to more substituted named  Benj. Critchett found on file at settlement certificate to have been paid 580

3213

S. Moffitt Esqr.
P. M.
Kellogsville Ohio
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WAR DEPARTMENT,
Pension Office,
8th May 1834
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. Those 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 compling with this request, greatly facilitate the investigation of your claim.
A Statement, shewing the Service of Samuel Eaton
| Period when the service was rendered. | Duration of the claimant's service. | 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. |
| 1781 | 6 Months. | Priv | Cap Ellis / Col Scammele | 69 years Amherst N. H. | Traditionary and a living Witness |
| March 1783 | [blank] | Cap Moody / Col Seely | [blank] | [blank] |

I am, respectfully
Your obedient servant
JAMES L. EDWARDS, Commissioner of Pensions.
The claimant must state what time in March 1783 he entered the service. See note j.
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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, 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 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 [blank] ss.
On this [blank] day of [blank] personally appeared (a) before [blank] A.B. a resident (b) of [blank] in the county of [blank] and State, Territory or District of [blank] aged (c) [blank] 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) [blank], with [blank ] and served in the [blank] (e) regiment of the [blank] 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 [blank].
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 [blank] of the Court of [blank] do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of [blank] for a pension.
In testimony whereof, I have hereunto set my hand and seal of office (i) this [blank] day of [blank] & 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 [blank] 
and C. D. residing in (the same) hereby certify, that we are well acquainted with [blank] who has
subscribed and sworn to the above declaration; that we believe him to be [blank] 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 [blank ] and that C.D., who has also signed the same is a resident in the [blank] and is a credible person, and that their statement is entitled to credit.
I, [blank] Clerk of the Court of [blank] do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of [blank] for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this [blank] day of [blank] &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
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alleged service, as they are known at 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?
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 inquiry 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 rules 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 [blank] year [blank] months, and [blank] days, I served as a [blank] For [blank] months and [blank] days, I served as a [blank]; 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 traditonary 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.
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3213
Samuel Eaton
REJECTED
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Rejected 30,840
See letter to S. Moffitt Esqr.
Kelloggsville Ohio
14 March 1835
Let J. C H. Kennedy Dec 12/53.
Wm Ferguson Feby 21, 1857.
Act 7th June 1832
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BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of Samuel Eaton which require further proof or explanation.
I. Does the declaration show where the applicant resides? yes
II. Did the declarant make the declaration in the county where he resides? yes
III. If the applicant did not make the declaration in the county where he resides, is there any reason assigned for his not doing so?
IV. Has the declarant mentioned the period or periods of the war when he served? yes
V. *Has he mentioned with precision the length of his service, and the different grades in which he served, in language so definite as to enable the department to determine to what amount of pension he is entitled? yes
VI. Has he given the names of the officers under whom he served, in conformity with the regulations? yes
VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832? yes
VIII. Has the Court given their opinion? yes
IX. Has the Clerk given his certificate? yes
X. Is the Clerk's seal affixed? And if so, has it a device or inscription by which it can be distinguished from any other seal? yes
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2
XI. Has the applicant obtained the evidence of a clergyman and another respectable citizen as to their belief respecting his age and the general belief in his neighborhood relative to his revolutionary service?
XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it?
XIII. If the applicant has no documentary evidence, and has not obtained the testimony of at least one living witness, has he stated in his declaration that such proof cannot be had?
XIV. If the applicant's name is not found on the rolls of military service, has he produced a witness or witnesses as to his service?
If he has produced direct proof as to service, has the magistrate who administered the oath,
certified to the credibility of the witness or witnesses?
Has the proper officer certified to the official character and signature of the magistrate as the regulations direct?
XV. Does it appear from any of the papers that the witness was in such a situation, or of such an age, as to have a personal knowledge of the applicant's service?
XVI. Are the papers authenticated as the regulations direct? yes
XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered?
EXPLANATORY NOTES.
*QUERE V. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service, but according to the best of his recollection he served not less than the periods mentioned below, and in the following grades; For [blank] year[blank] 
months, and [blank] days, I served as a [blank] For [blank] months and [blank] days, I served as a [blank] and for such service I claim a pension.
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3
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 they served two years in the militia, &c. without specifying the tours; the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must in every case be clearly shewn under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the  applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
QUERE XIV. Proof of Service.
In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses, who are required to set forth in their affidavits the time of the claimants entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
QUERE XVI. Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other paper authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass attached to the certificate. under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
In every case where the clerk of the court, or other certifying officer, has no public seal of office, the certificate of a member of congress, proving the official character and signature of the certifying officer, should accompany the papers.
applicant is found [the rest of the hand writing is too light to be legible]
Page 20

Samuel Eaton
Ohio Sept 1832
Cole
Page 21

Post office Mottville Micha January 22d 1857
Hon J Minot,
Dear Sir, Mrs Eleanor Gray, a widow & Daughter of Samuel Eaton, a revolutionary Soldier, wishes me to inquire after her fathers pension. She says her father Samuel Eaton is dead. He before his death lived at Monroe Ashtabula County State of Ohio, & that he made application for a pension & they heirs were informed by that department that a pension was obtained for him but it was never Called for as yet. Cannot Recollect how long since. You will confer a favour on the Widow Gray, if you would look to it & Inform me of the second. from yours Respectfully
[signature] Wm Ferguson
Page 22

Ananiah Bohanon's Deposition
30.840
Page 23

I Ananiah Bohanon of Chelsea in the County of Orange and State of Vermont aged sixty eight years, depose testify and say that I am acquainted with Samuel Eaton who formerly lived in the County of Hillsboro & State of New Hampshire at same him in Monroe Ashtabula County and State of Ohio. That in the year 1781 in Feb. I enlisted in the Continental troops for the
term of three years in the Company Company commanded by Capt. Benjamin Ellis in the first New Hampshire Regiment commanded by Col. Scamel and that our Regiment were at White Plains in the summer of 1781. Our Company
was filled up by six months runs, and I well recollect that the sd Samuel Eaton joined our company together with two or three others in June or July for the term of six months They were called six months men and he continued in the Company as a private till his six months expired which was the last of Decr 1781. On the first of
January following the sd Eaton was discharged at Saratoga in the State of New York, I should think the sd Eaton was now seventy years of age, or more. The sd Eaton served in sd Company and under the officers afsd. the time of six months and the Regiment went in the fall from White Plains to Peekskill & then to Albany & Saratoga where Eaton was discharged. I further testify that I am a pensioner under the act of 1818. And also that Major William Scott commanded the Regiment in the fall of
Page 24

1781 & the winter following, and further
say not.
[signature] Ananiah Bohanon

State of Vermont
Orange County ss. At Chelsea in sd County on the 16th day of July AD 1833 personally appeared Ananiah Bohanon a person well known to me, and a good credible witness, and made solemn oath that the four depositions by him subscribed contains the truth and nothing but the truth. before me
[signature] John W. Smith, Justice Peace

State of Vermont Orange County Clerk's Office
I Harry Hale Clerk of Orange County Court, do hereby certify that John W. Smith is a Justice of the Peace, within and for the County of Orange and that the above writing purporting to be his signature is genuine.
In testimony whereof I have hereunto set my hand and affixed my seal of Office at Chelsea in said County this 16th day of July A. D. 1833.
[signature] Harry Hale Clerk
Page 25

The Sec of War
Washington City
Saml Eaton's application for a Pension
Page 26

Post Office Kelloggsville (Momoe) Oct 28th 1834
The Secretary of War,
Sir, I forward you the application of Col. Samuel Eaton for a Pension. I also return all the papers made in the case which will present a full view of the same, the Deposition relative to the six month's service being attached to the 2d  application will be found with the tabular statement of said Eaton case & as the whole of the papers relative to his case will be before the Department any particular arrangement of them would be unnecessary to the investigation of his case. I have been personally acquainted with Col. S. Eaton for several years & know him to be a high minded honorable man, and a man of strict veracity who would not deviate in the least from his understanding of the fact. The Certificate obtained my be forwarded to him at this Office where he can readily obtain it. It is possible that in hearing the names of his officers by the sound of the sound of his voice he might have
understood (Scilly) for Seeley. He has however ┃
given it according to his understanding of it
at the time he was in the Army.
Respectfully your Obt servt
[signature] Samuel Moffitt
Page 27

Power Atty from Hannah Seavey daughter of Saml Eaton Revo Soldr N. H.
Ex C bounty

J. C. G. Kennedy
Present
Page 28

Know all men by these presents that I Hannah
Seavey (intermarried with Ebenezer Seavey of the township of Hayfield in the County of Crawford and State of Pennsylvania, and one the Children of Samuel Eaton a Revolutionary soldier from the State of New Hampshire decd do hereby irrevocably constitute and appoint Joseph C. G. Kennedy Esqr of the City of Washington my true and lawful attorney for me and in my name and stead to examine into and prosecute any amount of Claim and receive the certificate then for that may be due the heirs and legal representatives of the said Samuel Eaton by virtue of the services of the said Samuel Eaton in the Revolution war, and the several acts of Congress relative and I also authorize and empower my said attorney to apply for and examine all papers on file relative to said service in the Departments at the City of Washington or elsewhere. Hereby certifying and confirming whatever my said attorney shall lawfully do in the premises.
Witness my hand and seal the third day of
November Eighteen hundred and fifty three. 
[signature] Hannah Seavey
Witness
Joseph L. Perkin
a have
Head

State of Pennsylvania
County of Crawford
On this third day of November Eighteen hundred and fifty three, personally appeared before me a Justice of the peace in and for the said County, Hannah Seavey, and acknowledged the foregoing power of attorney to be her act and deed.
Page 29

STATE OF PENNSYLVANIA,
CRAWFORD COUNTY, SS.
I Joseph Brown, Prothonotary of the Court of Common Pleas of said County of Crawford, Certify that Joseph Perkin Esquire, by whom the annexed and foregoing acknowledgement was taken, was at the date thereof, an acting Justice of the Peace, within and for the said county, duly qualified, and as such duly authorised by the laws of this Commonwealth to take the same. And further, that I am acquainted with the handwriting of said Justice and believe the signature purporting to to his is genuine.
In Testimony Whereof, I hereunto set my hand and affix the Seal of the said Court at Meadville, the Eighth day of November A. D. 1853.
[signature] Joseph Brown Prothonotary