Revolutionary War Pension and Bounty Land Warrant Application File R. 5029, Joshua Hinckley, Continental (New York)
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(3-1776)
SERVICE Continental, (New York)
Hinckley, Joshua
NUMBER R. 5029
CONTENTS [BLANK]
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34.437
Joshua Hinckley
[crossed out: N.Y.] Ohio
act 7. June '32
See Pay Roll
New York Line 1781
paid - $106.54

Hon. A.D.W. Bruyn
H.R.
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State of New York
Tompkins County ss:
On this fifteenth day of February A.D. 1838 personally appeared in open Court before a Court of Oyer & Terminer & General Law delivery in & for the said County of Tompkins now sitting, which said court has by law the power of fine & imprisonment and is duly constituted a court of Record, Joshua Hinckley a resident of the Town of Hector in the County of Tompkins & State of New York, aged Eighty years on the 19th day of September last past, 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 in the year 1776 with Wicks and served in a Regiment of Artillery called Putnams Regiment in the New York line under the following named officers: That he so enlisted according to his best recollection in the month of May 1776 to serve during the war as a private and did serve for the Term of five years & two months in said Putnams Regiment under the command of Col Lamb on the continual establishment under one enlistment in Capt [illegible] Company in which one Wicks was a Lieutenant. That he was eighteen year of age when he so enlisted and that he then resided at Fredericksburgh in the County of Dutchess now Putnam in the State of New York, at which place he enlisted. That he continued to serve in the same Regiment for the time aforesaid and until the 4th day of July in the year 1781 when he was discharged at White Plains and
received a written discharge signed by Col Anthony Lamb. That at the time of his said discharge his company was commanded by Capt Reed, that his discharge together with his house were destroyed by fire many years ago in the State of New Jersey: That during his aforesaid Service he was present & engaged in the Battles of Bunker Hill, White Planes, Kings Bridge Stoney Point and Boston; and that he marched through the Counties of Dutchess, Putnam, Westchester & on Long Island in the State of New York & through the southern part of the State of Connecticut & unto the State of Massachusetts.
He hereby relinquishes every claim whatever to a Pension or an annuity except the present; and he declares that his name is not
on the Pension Roll of any agency in any state. And further that the reason he has not before applied for a Pension has been his extreme poverty & inability to pay the expense of his application and his ignorance of his rights - that his wife is now supported in the Poor House of Tompkins County and that he has also been supported there by the publick a considerable portion of his time for several years past, not having any means to support himself.
Joshua Hinckley his X mark

Sworn to and subscribed the day & year aforesaid in open Court before the Judges thereof
Hon T. Huntington
Clerk

And the said Court do hereby declare their opinion after the investigation of the matter and after putting the interrogatories prescribed by the war Deptment, 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 John H Carle, who has subscribed & sworn to the annexed affidavit is a Clergyman resident of Trumansburgh in said County of Tompkins and that D. K. McLallen who has also signed & sworn to the annexed affidavit is a resident of Trumansburgh aforesaid, is a credible person and that their statement is entitled to credit.
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I Wait T. Huntington Clerk of the County of Tompkins & Clerk of the Court of Oyer & Terminer & General Jail delivery holden in & for the said County of Tompkins do hereby certify that the foregoing and annexed contain the original proceedings of the said Court in the matter of the application of Joshua Hinkley for a Pension.
In testimony whereof I have hereunto set my hand and seal of Office this fifteenth day of February in the year of our Lord one thousand Eight hundred and thirty Eight.
[signature] W. T. Huntington
Clerk

In the matter of the application of Joshua Hinkley for a Pension
The Court propounded the following interrogatories to the above named applicant which were answered by him under oath in substance as follows viz:
1. Where & in what year were you born?
Answer - 1757 19th September.
2. Have you any record of your age & if so where is it?
Answer - I have none nor never had any
3. Where were you living when called into service, where have you lived since the Revolutionary war & where do you now live?
Answer - In Fredericksburgh Dutchess Co. N.Y. have since lived in New Jersey & now live in I Hector Tompkins Co. N.Y. where I have lived for the last 20 years
4. How were you called into service, were you drafted, did you volunteer or were you a substitute & if a substitute for whom?
Answer - I volunteered was not a substitute.
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 & the general circumstances of your service?
Answer - Genl Putnam, Genl Warren, Col. Anthony Lamb, Capt. Green, Capt. Reed, and Leut. Wicks.
- was in the battle of Bunker Hill. White Plains, Stony Point, Boston.
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5. Did you ever receive a discharge from the service & if so by whom was it given & what has become of it?
Answer - Rec'd a discharged signed by Col. Anthony Land which was burned with my house in New Jersey, many years ago.
7. State the names of persons to whom you are known in your present neighborhood and who can testify to your character for veracity and their belief of your services as a soldier of the Revolution?
Answer - Judge Caleb Smith, Ephram Alliss Marvin Smith Esqr., D.K. McLallan Rood John H. Carle
W. T. Huntington
Clerk
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State of New York
Secretary's Office}
I certify that it appears by the Military Balloting Book in this Office that Joshua Hinckley was a matross in Colonel Lambs Regiment of Artillery in the Revolutionary War and that Lot No. 46 in the Township of Brutus in the Military Tract containing 600 acres was granted to him by Letters patent bearing date the 9th day of July 1790 - The said patent was delivered to John Watkins.
The said Joshua Hinckley was in Captain Reeds Company at the time he was discharged.
Given under my hand and the seal of this Office at the City of Albany the 15th day of November in the year of our Lord one thousand eight hundred and thirty seven
[signature] Archd. Campbell
Dep. Secretary
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Tompkins County ss:
John H. Carle, Clergyman of the Town of Ulysses & County of Tompkins being sworn says that he is acquainted with Joshua Hinckley, an applicant for a pension, that I believe him to be eighty years of age, that he is reputed & believed in the neighbourhood where he resides to have been a soldier of the Revolution & I concur in the opinion. That said Hinckley is a temperate man & in my opinion his statements are to be relied on.
[signature] John H. Carle.

Sworn before me this Fifth day of February 1838.
[signature] Maron Smith Justice of the Peace

Tompkins County ss:
David K McLallen of the Town of Ulysses, in said County, being sworn says that he is acquainted with Joshua Hinckley in the above affidavit named, & that the facts set forth in the above affidavit of John H. Carle I believe to be true.
[signature] D. K. McLallen

Sworn before me this fifth day of Feby 1838}
[signature] Marvin Smith Justice of the Peace
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State of New York
Tompkins County Clerks office} ss.

I Wait. T. Huntington Clerk of said County do certify that Marvin Smith whose name is subscribed to the two several preceding affidavits was at the date thereof a Justice of the piece in and for said County duly qualified and that I am well acquainted with the hand writing of the said Justice and verily believe that his signatures thereto are genuine
Witness my hand and seal of office at Ithaca [Ithica] this fifteenth day of February A.D. 1838
[signature] A. Bunite Dep Clerk
Tompkins County
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Joshua Hinckley
Ohio
Suspended
See let 17. Augt. [illegible]
A. Briggs
5029
Act 7 June 1832
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N. York
Joshua Hinckley
Letter to Hon. A. D. W. Bruyn 24. March 1838}
to Arad Joy 26. June 1839
to same 4. Sep. 1839
to Hon T. R. Strong 31 March 1840
to A. Joy 21. Aug. 1840
to same 23. Nov. 1840
Rejected
to same 21. Dec. 1840
" Geo W. Welsh 1842 May [illegible]
Act June 1832
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5029
P. O. Joshua Hinckler [Hinckley]
Service:
REJECTED
Enlisted: [BLANK], 18 .
Discharged: [BLANK], 18 .
Application filed: [BLANK], 18 .
Alleges: [BLANK]
Re-enlisted: [BLANK]
Attorney: [BLANK]
P. O. [BLANK]
[BLANK] Recognized. [BLANK] Contract.
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Ovid Seneca County
New York Augt. 14. 1840

Hon J L Edwards

Dear Sir
On the 8th of May last I forwarded an affidavit (made out but not executed) to be executed by Doct John Gray who was Surgeon in the Revolution & who in the said affidavit identifies Joshua Hinkley [Hinckley]; my enquiry is, has there been a paper recived with an affidavit as above stated of the identity of Joshua Hinkley, Doct Gray I am informed was Surgeon & extracted from the said Joshua Hinkleys leg a ball which was lodged there in engagement
Has the affidavit of identity been recd. if so, will it not fully establish the case without any further doubt as to the identity
Respectfully Towns
[signature] Arad Joy
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Ovid Seneca Co.
New York Dec 2nd., 46

Hon J L Edwards

Dr Sir
I have yours of the 23d. ultie before me, Mr Joshua Hinkley [Hinckley] is also in my office, he says his services commenced at the commencement of the Revolution & that he is of opinion that thus it is stated in his application. I am of opinion that you are mistaken when you say "the Service alledged to have been rendered by the claimant did not commence until about two years after the witness was wounded and left the service"
I think you will find that Joshua Hinkly claims to have been in the war of the Revolution from beginning to end & therefore if in it as he states, must have been in it when John Gray was, please read over his application once more. truly Yours
Arad Joy
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Feb 23
[illegible] N.Y.
J. Hinckley

ADW Bruyn
MC
James L Edwards Esquire
Comr. of Pensions
Washington
D.C.

Hon A.D.W. Bruyn
HR
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House of Representatives
Feby 21th 1838
Sir/-
I send you enclosed, the declaration & other evidence in support of the application of Joshua Hinckley for a pension-
Very respectfully
Yours &c
A D W Bruyn
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Personally appeared before John Ingersoll one of the Judges of the Court of Common Pleas in and for the County of Seneca and State of New York, Joshua Hinkley [HInckley] of Ovid in said County & State, a Revolutionary soldier, being duly sworn according to law, deposeth & saith, that agreeable to the records of his age which were burned in his house in the State of New Jersey, that he was born in the year 1757, in the County of Dutchess in the State of New York that he is eighty one years of age, coming 82. as this deponent verily believes, this deponent further deposeth and saith that he enlisted as early as 1776 to serve during the Revolutionary war, that he enlisted in Capt. Reeds company of Artillery, in Col Lambs Regiment, and that he served as a soldier of the Revolution in Capt. Reed and Capt Greens Company the whole time during the Revolutionary war, that this said company was in Col Anthony Lambs Regiment & Genl Putnans Brigade, that this deponent served in different places, to wit; some of the time at White Plains, was in an engagement at that place, also at Kings Bridge, and Stony Point, and was at West Point, & the City of New York, generly made it their head quarters at White Plains, that this deponent further upon his oath deposeth & saith that he marched with his company to Yorktown & was in the engagement at that place, assisted in the taking of Corn Wallice [Cornwallis] at York Town, that he was returned or marched back with his Regiment to White Plains [crossed out: in] near the North River, and that he was in service there till the close of the War, of the Revolution, and that he received a regular discharge Signed by Capt Reed, Capt Green & Col A. Lamb, or as this deponent thinks, by all of them, that the said discharge was distroyed by fire which burnt this deponents dwelling house some fifty years since; that this deponent found on enquiry at the Secretaries office in the City of Albany and State of New York, that his name had been returned to that office as a soldier of the Revolution, this deponent has further evidence of his name being now to be seen on the Muster Roll in the City of New York, which was kept by Col. Lamb during the Revolution, and that
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said muster roll is now in the hands of Anthony Lamb of the City of New York, Son of Genl. Lamb; This deponent upon his oath further deposeth & saith that he is the identical person named in said Muster Roll, that he is the very & identical Joshua Hinkley [Hinckley] who served in the Revolutionary armey, during the Revolutionary war, & the identical person whose name was returned as said soldier of the Revolution.
This deponent further upon his oath deposeth & saith that he was personally acquainted in the said Revolutionary armey with Jepthah Lee John Roberson, Reuben Willis, Sergeant Wickes, William Waddell, Soldiers, and that he knew in person many of the officers, Capt. Westbrook & others & that this deponent had frequently Seen Genl. Washington & Genl. Putnam, Genl. Arnold & other distinguished officers. That this deponent had been to Dutchess County and had made other search for witnesses & had not been able to obtain any other than William Waddel whose name will here unto be affixed, that this deponent is very poor, that his family are now supported and are at the County house in the County of Tompkins, where this deponent has been compelled to spend months of his own time & that he now has no other means of subsistence then charity, or at the County poor house
[signature] Joshua Hinkley, his X mark

Subscribed and sworn before me
this Second day of May 1839.
[signature] John Ingersoll
Henry S. Bishop

I certify that I am of opinion that Joshua Hinkley above named, is as old & of the age represented by him in his affidavit for a pension, & that from hearing the conversation between him and the annexed witness William Waddel, I cannot doubt that he is the identical Joshua Hinkley who served in the Revolutionary armey as set forth by him
May 2nd 1839
[signature] John Ingersoll Judge
of Seneca County Court
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34,437.
Joshua Hinckley
Ohio
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State of Ohio
Lewis County} Ss

on this 18th day of July 1842 Personally appeared before Alanson Briggs a Justice of the Peace in and for the said County Joshua Hinckle [Hinckley] a Resident of the Township of Royaton in said County and State as aforesaid aged Eighty five years who being first duly sworn according to Law both on his oath make the following Declaration in order to obtain the benefit of the provision made by the act of Congress passed June 7 1842
That he enlisted in the Army of the United States in the year 1775 the Company of Artillery under Capt Read in the Regiment of Col Anthony Lamb and under Genl. Putman [Putnam] he said [illegible] has forgotton the No of the Regiment but those were the Commanding officers and he service in the Amy Five years Enlisted Enduring the war he resided in the State of New York the County of Dutchess when he entered the Service he was in the Battel of Bunker hill, Boston Kings Bridge Whiet [White] Plains Stony Point and Lexington Marched through Massachusetts New Jersy and New York
He hereby relinquishes every claim what ever to a pension or an annuity Except the present and he declares that his name is not on the Pension Roll of the agency of any State or on that of the agency of the State of Ohio
[signature] Joshua Hinckley

Sworn to and subscribed the day and year of aforesaid
Alison Briggs
Justice of Peace

I James Myers Clerk of the Court of Lewis County do herby Certify that the above Named Alison Briggs is an acting Justice of the Peace in and for the said County in Chesterfield Township

In testimony whereof I hereunto set my hand & seal of said Court this 8th day
of August AD 1842
James Myers Clerk

I Alanson Briggs do hereby certify that Joshua Hinckle the said applicant is not able to appear in open court for [illegible] infirmity and I do believe that he was a Revolutionary soldier as he states
Alanson Briggs
Justice Peace
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Chesterfield August 8th 1842
If there is any thing wrong in making out the affidavits I wish to be further instructed as I think the old man deserving of his Claim
Yours Respectifully
A Briggs

Comissioner of Pensions
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DEPARTMENT OF WAR.
PENSION OFFICE, June 27, 1832.
The following regulations have been adopted by the Secretary of War, for carrying into effect the Act of Congress, passed June 7, 1832, entitled "An Act supplementary to 'An Act for the relief of the surviving officers and soldiers of the Revolution.'"
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, draughted, 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.
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.
Ohio State, [crossed out: Territory, or District of] County of Lucas} ss. 
On this 18th day of July 1842 personally appeared (a) the Alanson Briggs a [illegible] of the county aforesaid Joshua Hinckley A. B. a resident (b) of Royatton [?] in the county of Lucas and State, [crossed out: Territory or District] of Ohio aged (c) 85 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) 1775, with Putnam and served in the forgotten (e) regiment of [crossed out: the] A Lamb line under the following named officers: Genl. Putnam and Col Anthony Lamb
Here set forth the name and rank of the Field and Company Officer at 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. [the following text was written over the text above] and left the service at the end of the war and was in the Battles of Bunker Hill Boston Kings Bridge White Plains Stony Point and Lexington March through Massachusetts New Jersy and New York
He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present; and he delcares 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 Ohio
Sworn to and subscribed the day and year aforesaid. Alanson Briggs Justice Peace A.B.
[And then will follow the certificate of the Court.]
And the said [overwritten: Court] Justice do hereby declare [overwritten: their] his opinion (g) that the above named applicant was a revolutionary soldier, and served as he states.
I James Meyers Clerk of the [crossed out: Court of] the County of Lucas do hereby certify (h) that the foregoing contains the original proceedings of the said [overwritten: Court] Justice in the matter of the application of Joshua Hinckle 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 receive detailed instructions, respecting the nature and form of the testimony they must produce, to secure their being placed on the Pension Roll, (vide note j.) As the presumption will, in such case, be against the applicants, in consequence of the omission of their names in the muster-rolls, they will be required to furnish, as near as may be, the same evidence as has heretofore been required by the Regulations and practice adopted for carrying into effect the act of Congress of March 18, 1818, and the acts supplementary thereto; with such relaxations as have been from time to time sanctioned by the Department, on account of the rapid decrease of the survivors of the Revolutionary army, and the consequent difficulty of procuring direct positive testimony in every case.
Whenever an officer or non-commissioned officer is now in the receipt of a pension, he should make application, if entitled to the benefits of this act, by letter merely, setting forth his rank, and the regiment, corps, or vessl, in which he served, and his present place of residence. His pension certificate must accompany his letter.
In those cases where the applicants have once been on the Pension roll, under the act of March 18, 1818, and have been dropped therefrom on account of property, or from any other reason, or where application has been made under the act of May 15th, 1828, and the evidence of service is in the Departments, or having made application and proof of service, and having been rejected, instead of the above declaration, they will make a statement, setting forth, under oath, their having been previously on the pension roll, and their having been struck from the same, showing their rank, the regiment, corps, or vessel, in which they served, their present place of residence, and their place of residence when the first application was made, or of their application under the act of 15th May, 1828.
In a case where a claimant may make personal application at this Department, and can produce satisfactory proof of service, and of his identity also, at the seat of Government, he may make his declaration before a justice of the peace.
2. The case of the State troops, volunteers, and militia, is different. There are in the Department no rolls of the State troops, except those of Virginia; and no rolls of the militia, except those of New Hampshire.
Applicants who served in the State troops of Virginia, and applicants who served in the militia of New Hampshire, will be required to produce the same proof as is prescribed for those who served upon the Con-
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tinental Establishment. But, with respect to the other State troops and militia, there is no record to advert to, and no presumption to be rebutted. The nature of the case, therefore, demands a different rule of proceeding.
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers, or militia, except as is above provided, will make and subscribe the following declaration:

DECLARATION,
In order to obtain the benefit of the Act of Congress, passed June 7, 1832.
State, Territory, or District of [BLANK] County of [BLANK] } ss.
On this [BLANK] day of [BLANK] personally appeared (a) in open Court, before the Court of [BLANK] now sitting, 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 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:
[Here set forth the names and rank of the Field and Company officers; the day (if possible) and the month and year (d) when the claimant entered the service, and the time when he left the same; (and, if under more than one engagement, he must specify the particular periods, and the rank and names of his officers;) the town, the county or State, in which he resided when he entered the service; whether he was draughted, was a volunteer or a substitute; the battles, if any, in which he was engaged; the country through which he marched, the continental regiments or companies with which he served; and the names of some of the Regular Officers whom he knew, together with such further particulars (e) as may be useful in the investigation of his claim; and also, if the facts be so, that he has no documentary evidence, and that he knows of no person, whose testimony he can procure who can testify to his service.]
He hereby relinquishes (f) 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, or (if any) only on that of the Agency of the State of [BLANK] 
Sworn to and subscribed the day and year aforesaid.
C. D.
And then will be annexed the following certificate:
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 day and year aforesaid.
[And then will follow the certificate of the court.]
And the said court do hereby declare their opinion (g) 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. [BLANK] who has signed the preceding certificate, is a clergymen, 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 (h) 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 (i) of office, this [BLANK] day of [BLANK] & c.
The form of the proceedings and of the certificates will be so varied as to meet the case, when the declaration is made out of Court, before a Judge, as heretofore provided for.
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 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 interrogatories (m) 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 draughted, 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 service.
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6.} To a Soldier. {Did you ever receive a discharge from the service; and, if so, by whom was it given, and what has become of it?
To an Officer. {Did you ever receive a commission; and, if so, by whom was it signed, and what has become of it?
7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution?
The Court will see that the answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant.
The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons--one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion. If one of these persons is a clergyman, the Court will so certify; and they will also certify to the character and standing of other persons giving such certificates.
The traditionary evidence of service is deemed very important (k) 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. To require from the applicants positive proof of service from a temporary survivor, would, after the lapse of so many years, be to deprive many of them of the benefit of the law. And as no presumption is raised against the militia by the existence of rolls in the Department, there is no good reason why this requisition should be extended to them. On the other hand, to receive the declaration of the parties, as a sufficient ground for placing them upon the Pension Roll, without corroborating circumstances, would be to open the Treasury to great frauds. A just medium seems to present the best rule for carrying into effect the objects of Congress.
If the two persons, whose certificates are required, cannot be produced in Court, without too much inconvenience and expense to the applicant, then the statement of the facts and opinions above mentioned will be made under oath, before some Judge or Justice of the Peace; and the certificate of the Court to the situation and credibility of the persons making the statement will be given.
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.
3. Persons serving in the Marine forces.
4. Indian Spies
Each of these two latter classes of cases will produce proof, as nearly as may be, conformably to the preceding regulations, and authenticated in a similar manner, with such variations as the different nature of the service may require.
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 [BLANK] year [BLANK] months, and [BLANK] days, I served as a [BLANK]. For [BLANK] months and [BLANK] days, I served as [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 of 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.
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.
[symbol of a hand pointing to the right] 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, or in militia cases in which muster rolls exist.
[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.
Page 24

NY July 17
Addl proof
Joshua Hinkley [Hinckley]

Hon. J. L. Edwards
Com. of Pensions
City, Washington
D. C.
Page 25

Personally appeared before John Ingersoll one of the Judges of the Court of Common Pleas in and for the County of Seneca and State of New York Joshua Hinkley of Ovid in said County & State, a Revolutionary soldier and being duly sworn according to law deposeth and saith that he is the identical Joshua Hinckley who made application for a pension as per the papers on file at the war office agreeable to a letter from the Hon J. L. Edwards of the 26th June last, said papers at the war office as per said letter were executed on the 15th February last, as also the identical Joshua Hinckley who again made application for a pension under date of the 7th of May. Know therefore this deponent upon his oath deposeth & saith that he is satisfied that in his application and affidavit of the 15th February last he was entirely mistaken as to the date of this deponents discharge that he can only plead old age and forgetfulness, that after talking the subject over of the Revolution with William Waddel, the witness hereunto, he well recollects that the circumstances as set forth in the statement and affidavit of the 7th of May is fully true, that this deponent will recollects of being in the battle of York Town, and that he served till the close of the war of the Revolution, and this deponent not being in the presence of William Waddel the annexed witness at the time of making out his application in February last, had not then his help for assistance in recollecting, but after conversing with the said William Waddel all the facts as set forth in his application of the 7th may were fresh in his recollection, he hopes therefore that the objection as to the clashing of the two applications will be removed
Joshua Hinkley, his X mark

Subscribed and Sworn before me this 7th day of July 1839
John Ingersoll Judge of Seneca County Courts

Emiline Montgomery
Page 26

Personally appeared before John Ingersoll one of the Judges of the Court of Common Pleas in and for the County of Seneca and State of New York, William Waddel, a Revolutionary soldier, and being duly Sworn according to Law deposeth and saith, that he is personally acquainted with Joshua Hinkley [Hinckley] whose name is affixed to the foregoing application and affidavit, that from his recollection of the said Joshua Hinkley as a soldier of the Revolution, and of his being at York town at the taking of Corn Wallice, and from all the circumstances relating to the transactions that took place at that time and to the close of the war, this deponent can but subscribe to the truth of the affidavit and application of the said Joshua Hinkley under date of the 7th of May last; that this deponent considers the discrepancy as to the difference in the two applications, as nothing unaccountable, but as the result of the loss of recollection, the common result of old age, this deponent considers the statement of the said Joshua Hinkley annexed to be correct, and that he knows from his own experience that his own mind is refreshed by conversing with his old associates in the Revolution, which he trusts is the case with the said Joshua
Hinkley
William Waddel, his X mark

Sworn & Subscribed before me this 7th day of July 1839
[signature] John Ingersoll Judge of Seneca County Courts

William Waddell 2nd
Page 27

State of New York
Seneca County
Clerks Office ss}
I, Halsey Sandford Clerk of the Court of Common Pleas of said County do hereby certify that the Honorable John Ingersoll whose signatures appear to the Jurats of the two preceding Depositions on this sheet mitten, was at the date of said jurats towit, the 9th day of July 1839, a Judge of the County Court in & for said County duly commissioned & qualified and that I am well acquainted with the handwriting of the said Judge and verily believe that his several signatures to said jurats are genuine. In Testimony whereof I have hereunto set my hand and affixed the seal of the Court of Common Pleas of said county at my Office in Ovid this Eleventh day of July Anno Domini 1839
Halsey Sandford Clerk
By Cyrus D Hanks Dep. Clerk
of Seneca

Mr. J. L. Edwards
Dear Sir you will please return an answer to me at Ovid Seneca Co. New York
I am &C
Arad Joy
D. Wilson Gray

N.B. Please answer soon.
Page 28

Royalton Ohio April 25 1842
to the Pension office
Mr J. L. Edwards Commer. of Pensions Sir
Mr Joshua Hinkly [Hinckley] informs me that he made application for his pension in the State of New York and he further States that he has had no satisfactory answer why he could not have his pension now dear sir if you will let me know where the papers that have been sent from Seneca County and State of N York are deficient and what more can be done to assist a poor old Revolutionary soldier to get his pension as our government makes provisions to assist those old soldiers now dear sir if there is no way of arangeing it so that he can get his pension he Joshua Hinkly wishes you to send all the papers on file in that office to him at Lyons office Lucas County Ohio and oblige your friend
your most obedient Servent
[signature] Geo W. Welsh

J. L. Edwards Esq Comm of Pensions
Page 29

Hon. J. L. Edwards
Commr. of Pensions
City of Washington D.C.

N.Y. Mar 19
Add. papers
Joshua Hinckley.

[stamped: OVID MAR 13 N.Y.]
Page 30

Ovid Seneca Co. New York
March 12th 1839
Dear Sir
Mr Joshua Hinckley has made application to me intercede for a pension for him, the inclosed memorial was written & as Mr H. supposed forwarded to Congress during its session, but yesterday Mr H. called & found the paper had not been forwarded, he therefore took it & wished to employ me, I can say & can swear & it is easy to make proof that the petitioners are man of truth, men of first standing, man that would not subscribe to a thing, unless they knew it to be true, of the respectability of the petitioner there can be but one opinion; Mr Hinckley informed me that he has made an application & that his papers are filed in your office, that they only need his identity, or an identity of his being the person &C. I enclose the petition hoping it may remove in your mind any suspicions, that Mr H. is not the [crossed out: man] person. Mr Hinckley informs me that his name is at the war office as a regular soldier, that he belonged to the artilery under Col Lamb, that Col Lambs Son Anthony of the City of New York was the old muster Roll with his name upon it; that he was in the Bunker hill battle, and the battles at White Plains and at Stonny [Stony] Point, Service under Capt Green & Capt Reed, & Genl Putnam, which proof I suppose you now have in your office. may I ask what further proof you require. Mr Hinckley is 82 so he says. Please let me hear from you soon.
Your Obd Servt
[signature] Arad Joy
Page 31

free

Hon. J. L. Edwards
Pension Agent
Washington D.C.

N.Y. May 13
Joshua Hinckley
N.Y. Act 32

ol. or add: proof
Page 32

Personally appeared before John Ingersoll one of the Judges of the Court of Common Pleas in and for the County of Seneca and State of New York, William Waddel of Lodi in said County a Revolutionary Soldier, & a Pensioner, being duly sworn according to law, deposeth & saith that he was born in the year 1763 and that he enlisted in the Infantry of the Revolutionary army in the year 1780 at Poughkeepsie in the County of Dutchess & State of New York, that he well recollects Joshua Hinkley [Hinckley] as belonging to the Artillery of the United States of the Revolutionary armey, being a private of Capt Reeds Company & Col Lambs Regiment, and that the said Joshua Hinkley whose name is attached to the foregoing affidavit and application for a pension is the identical Joshua Hinkley who served in Capt Reeds Company of Artillery in the Revolutionary army according to the best knowledge and belief of this deponent, and that he has no reason to doubt this fact, and further that from a long acquaintence with the said Joshua Hinkley he has the fullest confidence in the statement set forth by him, that he verily believes the said Joshua Hinkley to be a man of truth and veracity & that full faith and confidence ought to be placed in all that he has stated; this deponent can further say that from the knowledge that the said Joshua Hinkley appears to have of very many transactions that took place for three years or more of the Revountionary war, that the said Joshua Hinkley must have served for three years or more in the Revolutionary Anney as set forth by him, all of which this deponent declare to be true agreeable to his belief.
[signature] William Waddel, his X mark

Subscribed
and Sworn before me this second day of May 1839
[signature] John Ingersoll
Henry. S. Bishop
Page 33

I hereby certify that I am personally acquainted with William Waddel the witness within named, and that I consider him a man of truth and veracity, and recommend that full faith and confidence be placed in the representations made by him in the annexed within affidavit.
I further certify that it would be difficult for the said Witness, William Waddel to appear at Court, as he is old, lame & quite infirm, and that the said Joshua Hinkley [Hinckley] would be in danger of loosing the benefit of his affidavit unless the within can be accepted; I further certify that I was called to the Witness William Waddel's house to take the within affidavit & that the same was taken there at his said residence
May 2th 1839
[signature] John Ingersoll Judge of Seneca County Courts

I hereby certify that William Waddel and Joshua Hinckley whose names are affixed to the foregoing affidavits are [illegible] of there wrights for want of sufficient Educations
May 2nd 1839
[signature] John Ingersoll Judge Seneca County Courts

State of New York
Seneca County
Clerks Office SS: }
I do hereby certify that John Ingersoll, Esquire, whose signatures appear to the several Jurats and certificates of the foregoing Depositions, was on the day of the date of said Jurats & certificates, towit on the second day of May 1839. a Judge of the County Courts in & for said County of Seneca duly commissioned and sworn & authorized to take said Depositions and certify the same, and that I am well acquainted with the handwriting of said Judge and
Page 34

that his several signatures to the foregoing Jurats and certificates, are, as I verily believe Genuine & in his own proper handwriting.
In Testimony Whereof I have hereunto set my hand and affixed the seal of the
Court of Common Pleas of said county this sixth day of May A.D. 1839.
[signature] Cyrus D. Hanks
Deputy Clerk of Seneca Co.

Ovid Seneca Co. N.Y
May 7th 1839
Hon J. L. Edwards
Dr Sir
I will thank you to return your answer to the foregoing application for a pension
to me, as I am the authorized agent for the said applicant, the old revolutioner being now supported by the County, it would greatly relieve him & his family to have as soon as may be the Pension so justly due to him, please let him hear from you as soon as may be
Your Obd Servt.
Arad Joy
Page 35

To the Honorable the Senate & House of Representatives of the United States of American in Congress assembled.
The undersigned citizens of the Counties of Tompkins Seneca & Chemung in the State of New York respectfully represent that they are acquainted with Joshua Hinckley a resident of the County of Tompkins in said State. & that since their acquaintance with him they have always understood that he was a soldier in the Revolutionary War & they verily belive such was the fact. that said Joshua Hinckley is a temperate & as they believe an honest man & that his statements are to be relied on. They also represent that said Hinckley is in indigent circumstances being now supported by the County of Tompkins & and an occupant of the poor house of said County.
Your Petitioners respectfully pray your Honorable Body to grant the said Asa Hinkley such relief as your Honerable Body shall deem him entitled to and as his services justly merit, and your petitioners will ever pray &c.
Dated January 22d. 1839.
[25 signatures]
Daniel L Bishop
George Goodwin
Elmer Chase
Walter Bradley
David F Sears
Nathan T. Bradley
David Jones
Samuel Temphrey
Elias J Agert
P. H. Thompson
D. K. McLallen
A.G. Stone
A Kennedy
A B Wood
Oliver Bradly
M Van Deusen
Jno B. Avery
John Kennedy
Joseph Hagaman
N. S. Avery
Andrew Hagaman
Jas C. Knight
Gilbert Bodine
Wm. H. Gibbs
Henry Simpson
Page 36

Esqr
[illegible]
Seneca County
N.Y
Page 37

I made out a new paper for the witness to execute, made it strong & forwarded it to the Post master where the Justice resides
May 8th 1840

Town of Liberty Sullivan Co. N.Y.

Augt. 14th 1840 I wrote in presence of
Mr Hinkly [Joshuah Hinckley] & he mailed the letters, to Postmaster Liberty Sullivan Co. enquiring about the paper Sent there & to the Hon J. L. Edwards to know whether such papers had been recd. there

Ovid Seneca County New York Nov 2d. 1840
Hon J. L. Edwards, Dr Sir the within paper was made out & executed at its date, but not having the Seal of the County I made out a Second paper more explicit & forwarded it for Doct Grays deposition, not hearing from it I wrote to Sullivan Co. but not hearing I concludid it might have been executed & forward to Washington & wrote to your Honor Augt. 14. & learned from you that no such paper had been recd. by you & to prevent further delay old Fr Hinkly went last week to Sullivan Co. & obtained the County Seal as attached to this paper & he thinks the identity is fully made out, he was informed that Doct Gray was now dead or he would probably have went & seen him, I hope you will look over his former papers with this & I think you will accept the proof of identity as fully made out please let me hear from you soon.
Respectfully
Arad Joy
Page 38

Town of Liberty
Sullivan County Ss }
John Gray of the Town of Liberty Sullivan County State of New York Personally appeared before me, a Justice of the Peace in and for the County of Sullivan, on the 27th day of April in the year of AD 1840, and made oath that he was in Service of the Revolution and that he now draws a pension from the United States for his services and that while in the service he knew Joshua Hinkley [Hinckley] who then lived in Fredericksburgh then in Dutchess County now Putnam County and that the said Josiah Hinkley was a solder in the Revolutionary war and served in Captn. Greens & Captn. Reeds Companies in Col. Anthony Lambs Regiment and that he knew the said John Hinkley to be wounded by A Ball Shot in his left leg and that he attended him as A Sergeon and that he did Extract from the said Joshua Hinkleys Leg the Ball and that he then said Hinkley continued in the Service after he Recovered from his wound untill peace was Declared and that at this date he has conversed with A Man who calls his Name Joshua Hinkley and Believes him to be the same Joshua Hinkley that he knew in the service of the Revolution [crossed out: he] being now Blind he cannot see but hearing statements made by the person which he Recollects believes him to be the same Man and that he makes his mark, became of blindness
[signature] John Gray, his X mark

Sworn and Subscribed before me this the 27th day of April 1840
[signature] James F Bush Justice of the Peace
Page 39

Town of Liberty Sullivan County Ss
I James F Bush A Justice of the Peace in and for the County aforesaid am accquainted with John Gray and believe him to be A man of truth and veracity and know him he be A pensioner and that he has been A Sergeon and Physician and in practice before he become blind and that he is now Blind
April 27th 1840
[signature] James F. Bush

State of New York
Sullivan County ss
I Darius Martin Clerk of said County do hereby certify that James F Bush Esq before whom the foregoing affidavit was taken was at the time taking the same a Justice of the peace residing in said County County commissioned and sworn and further that I am well acquainted with the hand writing of said Justice and verily believe that his sig

---Parksville post office

nature to the same is genuine

In Testimony whereof I have hereunto set my hand and affixed the seal of the said County this 23rd day of
October 1840
[signature] Darius Martin Clerk