Revolutionary War Pension and Bounty Land Warrant Application File S. 15046, Elias Clark, Conn.
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Com  |   Clark, Elias    |   S. 15046

carded
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Registered to agent, see letter

Connecticut 9764

Elias Clark, deceased.
of Hartford Co. in the state of Connecticut who was a private in the company commanded by Captain Hooker of the right commanded by Col. Nowling in the Conn. line for 17 months and 9 days. Payable to Hannah Clark, Elias Clark, Samuel Clark, Mary Clark, Eunice Clark, Vesta Clark, Elizabeth Clark, Lucinda Clark and William Clark, children of said Elias Clark, dec'd
Deducting what has been paid. 

Inscribed on the Roll of Connecticut at the rate of 57 dollars 66 cents per annum, to commence on the 4th day of March 1831.  Sent 22 June 1833 when he died. 

Certificate of Pension issued the 22 day of May 1844 and sent to Hon. J.H. Seymour, House of Reps. 

Arrears to the 4th of 
Semi-ani. allowance ending
Increased from $40

Revolutionary Claim, 
Act June 7, 1832. 

Recorded by D. Brown, Clerk
Book E. 2. Vol. 3. Page 8,
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Pension Act of 1832. 

Declaration of Elias Clark of the town of Windsor in order to obtain the benefit of the Act of Congress, pass3ed June 7, 1832.

State of Connecticut.   
County of Hartford       }  SS. East Windsor

On this 20th day April 1833, before the [?] court for the district of East Windsor in the county of Hartford and state of [Connecticut] being a court of record, having by law a clerk and seal, personally appeared Elias Clark a resident of Windsor in the county of Hartford and state of Connecticut aged eighty one 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 as a private in a sergeants huard in Windsor in the county and state at Windsor in the county of Hartford on or about the 12th day of March 1779; that said company was raised by Colonel Roger Newberry of said Windsor as a guard for the [?]
That he the deponent was a private in a guard for twelve months, and continued to serve in the said Corps, until on or about the 12th of March 1780 when he was dismissed from the service, at or near a place called Windsor in the county of Hartford the state of Connecticut; that when he entered the service, he resided in [?] Windsor in the county of Hartford the state of Connecticut and was employed in said guard to guard and watch said hospital and army stores, during the year of my service therein Sergeant Elisha Stoughton was our chief sergeant [?] our pay Capt James Hooker has a Superintendancy but by what authority he does not remember.  He was born in Colchester County of New London in state of Connecticut on the 20th day of November 175[?] the record is in family Bible but removed to Windsor in the year where he resides when he entered the service and where he resides now. The quantity of stores such as rum, sugar molasses, wine, rice and medicines of all kinds were distributed into several [?] and were constantly guarded for fear of thefts especially of [?] who might be employed
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by the Public enemy the service was strictly Military service, Barraks were provided & we drew our Regular rations
The (illegible) of my service are Lieut Roswell Miller and Elijah Denslow whos affadavits accompany this application.

                                Elias Clark
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We Henry A Bowland a Clergyman residing in Windsor in Hartford County & State of Connecticut & Frederick Chapman residing in the same hereby certify that we are well acquainted with Elias Clark of sd Windsor who has subscribed & sworn to the above declaration that we believe him to be 81 years of age. That he is respected & believed in the neighborhood where he resides to have been a soldier of the Revolution and that we concur in that opinion.
Henry A Rowland Clergyman
Frederick Chapman
Sworn and subscribed the day and year aforesaid.
Edgar Bissell Clerk
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And in reply to certain interrogatories prescribed by the War Department and propounded by the Court, the deponent further declares,
1st. That he was born at Colchester in the County of New London and State of Connecticut on the 20th day of November AD 1752.
2d. That the day and year of his birth is recorded in the Family Bible.
3d. and 4th. That when he was called into service, he resided at the places or towns as herein before stated; and served in the manner set forth in the preceding declaration.
5th. That the general circumstances of his service are detailed in the preceding declaration, and also the names of such officers, &c. as he distinctly recollects.
6th. That he never received a written discharge from the service but was honorably dismissed.
7th. That he is personally known to the Rev Henry A Rowland of said Windsor and to Lieut. Roswell Muller residing in Windsor who are respectable persons in the neighborhood where he now resides, and can testify as to his character for veracity, and also their belief of his services as a soldier of the Revolution.

And the said Elias Clark 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.

Elias Clark
Sworn to and subscribed, the day and year aforesaid.
Edgar Bissell 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 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 the Rev Henry A Rowland is a clergyman resident in the town of Windsor in Hartford County and that Frederick Chapman who has also signed the same is a resident in the sd town of Windsor is a gentleman of respectable standing in society whose affidavits are hereto annexed are credible persons, and that their statements are entitled to credit.

I, Edgar Bissell Clerk of the Probate Court for the District of East Windsor do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Elias Clark for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this 20th day of April AD 1833.
Edgar Bissell Clerk
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State of Connecticut
Hartford County ss.} East Windsor
On this 4th day of July 1843 personally appeared before the Court of Probate for the District of East Windsor in said Hartford County, William Clark, a resident of Windsor in said County & State aforesaid, aged            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, of June 7th 1832.
That his said Father Elias Clark made application for a Pension under the act of June 7th 1832, and set forth in his Declaration his services in the first year 1779, and his application was granted for that one year. There was then living several persons who served with him in the same company and his service was fully proved. He stated to Jesse Charlton his attorney at that time that he served another tour of nearly six months, but he did not know of any man living who served with him in the same company, and as it might cause delay in deciding his case and as he was then in a deep & settled consumpsion, and very poor he much needed some help, as soon as it could be obtained, he concluded, at that time & for these reasons to waive a part ofhis first claim in order to insure a more early allowance of the rest as will further appear by the proof annexed.
That the said Elias Clark died at said Windsor on the 22nd day of June 1833, as may be seen by the proof accompanying his certificate surrendered
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after her death; That his said Father Elias Clark died after the 4th of March 1831, to wit on the 22nd day of June 1833, and left no widow but left several children, of whom the following are the only persons living at this time; viz. Hannah Clark, Elias Clark, Samuel Clark, Mary Clark, Eunice Clark, Besta Clark, Elizabeth Clark, Lucinda Clark, & William Clark.
And in whose behalf, and for whose benefit he makes this application, that there may be an allowance granted them, on account of said service from March 4th 1831 to the 22nd day of June 1833, for the term of Two years, three months & 18 days at such rate for annum, as the Commissioner of Pensions shall find the proof to sustain.
William Clark

Sworn to and subscribed before said Probate Court in the day and year first named, And I certify that it hath been satisfactorily proved before said Court his day that the said Elias Clark the Pensioner died at said Windsor on the 22nd day of June 1833, and left no widow, but left several children, and that the following are all that are now living, viz., William Clark of said Windsor who is appointed Administrator on said Elias Clark estate & the persons above named as children of the said Elias Clark.

In testimony whereof I do hereunto subscribe my name and affix the seal of said Court at the Probate Office in said East Windsor on this 4th day of July 1843.
William Barnes Judge
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No. 25058
Elias Clark
Hartford
Connecticut

Admitted
Private 12 months

Jesse Charlton
E. Windsor
Hartford Co.
Court
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WAR DEPARTMENT
Pension Office,
                                      183
Sir:
The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in a tabular form. On comparing these papers with the following rules, and the subjoined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will show 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 complying with the request, greatly facilitate the investigation of your claim.

A Statement, showing the Service of Elias Clark, Hartford Co. Connecticut
Period when the service was rendered: March 177 until 12 Mar 80
Duration of the claimant's service: 12 months
Rank of claimant: Private
Names and Rank of the Field Officers under whom he served: Col Newberry, Capt. Hooker
Age at preset, and place of abode when he entered the service: 81 years, Hudson Hartford Co Connecticut
Proof by which the declaration is supported: living witness, documentary proof & traditional evidence- traditional evidence stated credible by the Court.


I am, respectfully, Your obedient servant,
J. L. EDWARDS,
Commissioner of Pensions
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REGULATIONS UNDER THE ACT OF JUNE 7, 1832.

The following regulations have been adopted:
This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army, and to include under the terms "Continental Line," "State troops," "militia," and "volunteers," all persons enlisted, drafted, or who volunteered and who were bound to military service, but not who were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, &c., Teamsters, Boatmen, &c. Persons who served on board of private armed vessels are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service.
Four general classes of cases are embraced in this law:
1. The Regular Troops.
2. The State Troops, Militia, and Volunteers.
3. Persons employed in the Naval Service.
4. Indian Spies.
As rolls of the regular troops in the Revolutionary War exist in this Department, all persons claiming the benefit of this law as officers, non-commissioned officers, musicians or privates, will, in the first instance, make application by transmitting the following declaration which will be made before a Court of Record of the County where such applicant resides. And every Court having by law a seal and Clerk is considered a Court of Record.
DECLARATION,
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
State, Territory, or District of __ }
County of __ } ss.
On this ___ day of ___ personally appeared (a) before ___ A. B. a resident (b) of ___ in the county of ___ and State, Territory or District of ___ aged (c) ___ years, who being first duly sworn, according to law, doth on his oath make the following declaration, in order to obtain the benefit of the provision made by the act of Congress, passed June 7th, 1832. That he enlisted in the Army of the United States in the year (d) ___, with ___ and served in the ___ (e) regiment of the ___ line, under the following named officers:
[Here set forth the names and rank of the Field and Company Officers; the time he left the service; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officer;) the town or county and State in which he resided when he entered the service; the battles, if any, in which he was engaged, and the country through which he marched. ==>This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.]
He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of _____.
Sworn to and subscribed the day and year aforesaid. A. B.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states.
I _____ of the Court of _____ do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of _____ for a pension.
In testimony whereof, I have hereunto set my hand and seal of office (i) this _____ day of _____ &c.
If, on examination of the proper record, the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out.
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz:
(k) We, A. B., a Clergyman, residing in the _____ and C. D. residing in (the same), hereby certify, that we are well acquainted with _____, who has subscribed and sworn to the above declaration; that we believe him to be _____ years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier in 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 t heir opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that A. B. who has signed the preceding certificate is a clergyman, resident in the _____ and that C. B., who has also signed the same is a resident in the _____ and is a credible person, and that their statement is entitled to credit.
I, _____ Clerk of the Court of _____ do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of _____ for a pension.
In testimony whereof, I had hereunto set my hand and seal of office, this _____ day of _____ &c.
Every applicant will produce the best proof in his power. This is the original discharge of 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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3

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 in 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 service.
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 in 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 o ne of these persons is a Clergyman, the Court will so certify, and they will also certify to the character and standing of other persons giving such certificates.
The traditionary evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party. And the Courts are requested to be very particular in the enquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
Applicants unable to appear in Court, by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court.
Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the Peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature.
No payments can be made on account of the services of any person, who may have died before 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 of soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had.  Every claimant must state, with precision, the length of his service, and the different grades in which he served, in language so definite as to enable the Department to determine to what amount of pension he is entitled. In a case where the applicant cannot, by reason of the loss of memory, state precisely  how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service; but, according to the best of his recollection, he served not less than the periods mentioned below, and in the following grades:--For _____ year _____ months, and _____ days, I served as a _____. For _____ months and _____ days, I served as a _____; and for such service I claim a pension."
It is important, in all cases, to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of 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 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 t he service was performed, he was not employed in any civil pursuit.
[f] The law makes the relinquishment indispensable.
[g] The opinion of the Court is always required.
[h] The Clerk must give his certificate in every case.
[i] The Clerk must affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he has no public seal of office, the certificate of a Member of Congress, proving the official character and signature of the certifying officer, should accompany the papers.

Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other papers authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.

Proof of Service.
[j] In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses who are required to set forth in their affidavits the time of the claimant's entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
==>The notes from [a] to [i] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in note [j] applies to continental troops only.
[k] This traditionary evidence is indispensable  in militia cases.
[l] If a witness cannot be found, the declarant must state the fact.
[m] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.

John Nashton (signature)
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left column
15046
INVALID.
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File No. 15,046
Elias Clark
Priv Rev War
-----
Act: June 7th 1832
Index:--Vol. J, Page 78

[Arrangement of 1870.]

right column
July 15/95 Letter to Geo. C. Brant,
70 N. Cliff St. Ansonia Conn. MEL
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let to J. H. Charlton Oct 2nd '43
Page 15

left column
see letter to S. H. Parsons Sept 14, 1833
Seth J. Charlton Sept 5 '43
"  " Secretary of War Sep 18 1843

right column
9764
Connecticut
=====
Elias Clark
of Hartford Co. in the State of Cont.
who was a Private in the Company commanded
by Captain Hooker of the Regt. commanded
by Col. Newling in the Cont.
[illegible] for 1 Year
=====
Inscribed on the Roll of Cont.
at the rate of 40 Dollars -- Cents per annum,
to commence on the 4th day of March, 1831.
=====
Certificate of Pension issued the 17 day of June
1833 and Seth J. Charlton East Windsor
=====
Arrears to the 4th of Mar '33 $80
Semi-anl. allowance ending 4 Sep. '33 20
$100

[Revolutionary Claim, Act June 7, 1832.}

Recorded by Go. C. Stiles Clerk,
Book E Vol.3. Page 8.
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Bureau of Pensions

Gen. Dana,
Chief of the Old War & Navy Div:-
Please examine this case and give the writer the information he requests.

D. J. Murphy
Actg. Commr.

STAMP-
O.W.&N. DIV.
JUL 23 1895
CHIEF'S DESK

STAMP-
FIRST DEPUTY COMMISSIONER
JUL 29 1895
Page 17

Ansonia, Conn.
July 7, 1895.

Dear Sir,
Will you kindly send me a copy of the service of the man named below in the Revolutionary War.

Elias Clark
Possibly went from Milford, Conn.
b. Oct. 30, 1752.
married Abigail Clark - Dec. 31, 1778.

To the best of my knowledge he received a pension.

Your respectfully,
Geo. C. Bryant
70 North Cliff St., Ansonia, Conn.
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STAMP-
FIRST DEPUTY COMMISSIONER
JUL 22 1895

Mr. D. J. Murphy,

Dear Sir,
Your communication of July 15th just received. I am unable to state positively where Elias Clark - the Revolutionary soldier - resided at the time he drew his pension. He is buried in Milford, Conn., and to the best of my knowledge and belief spent a large portion of his life there.
Yours,
Geo. C. Bryant
July 19, 1895
70 North Cliff St., Ansonia
Page 19

STAMP-
FIRST DEPUTY COMMISSIONER
JUL 22 1895

I. 15046.
O. W. & N. Div.
F. S.
M. E. C.

DEPARTMENT OF THE INTERIOR
BUREAU OF PENSIONS
WASHINGTON, D. C.
July 15, 1895.

Sir:
Referring to your communication asking for the military  history of one Elias Clark, a soldier of the Revolutionary war, you are requested to state, if possible, where the soldier resided at the time he drew his pension. This information is needed for purposes of identification.
Very respectfully,

D. J. Murphy (signature)
Acting Commissioner.

Mr. George C. Bryant,
70 N. Cliff St.,
Ansonia, Conn.
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E. Windsor Conn.
Sept 1843
J. H. Charlton
appeals proceeding
of Pension Office on
claim for services of
Elias Clark.
C276. Rec. Sept. 15/43
Pension Office

W. L. Ellworth
Page 21

East Windsor Hartford Co Conn.
Sept 1843

Hon Sir

I beg leave to bring before you for consideration the claim of William Clark Son of Elias Clark late of Windsor Ct & administrator on his estate for the services of said Elias Clark in the army of the Revolution. The claim was disallowed by Mr. Edwards Commissioner of Pensions as announced to Mr. Jesse Charlton in his letter of Sept 5th 1843.
From his decision in this case Mr. Clark appeals to the Hon the Secretary of War.
And for these reasons. That where a soldier of the Revolution lived till after the passage of the act of June 7th 1832 & was entitled to a pension and died leaving no widow that the right is a vested right & that it has passed to the children.
In the opinion of the Attorney General Hon B. F. Butler as expressed January 17 1837 Doc No. 126 page 61.
I know that where the soldier died before the 4th March 1831 the widow is a beneficiary on the fulfilment of the required conditions.
But that the children are not unless the
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widow of the soldier lived to be entitled to it & then married or died. But in this case Mr. William Clark claims that the born he asks is a vested right and before unclaimed.
Mr. Edwards considers that it is not competent for them (the children) after the death of a claimant whose claim has been adjusted by allowing all he claimed to apart upon and proof other and new items of service neither asserted nor alluded to by the pensioner when he gave upon oath a narrative of his service.
Mr. Edwards further says the reasons assigned for his opinion are unsatisfactory. There was a universal impression that traditionary evidence alone was sufficient.
To this I make answer that it fully appears by the Deposition of Mr. Jesse Charlton that Mr. Elias Clark stated to him expressly that he served another tour of about six months but as he did not know any man of the Company living whom he could call upon to testify for this service he would omit to put it in as it might cause a day & embarrass the case
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& as he was then sick & poor he wanted a little & wanted it soon. He certainly did not have the impression that traditionary evidence alone was sufficient.
Mr. William Clark the Song & administrator of said Elias Clark does not [illegible]upon [illegible] proof alone other & new items of service.
The deposition of Reuben Barber a man of uncommon purity &  integrity of character w ho served at the same time but in another Company & Regiment of the short levies of the year 1780 declaring the services of said Elias Clark at that time is fully supported by the certificate of the Comptroller of Public accounts of the state of Connecticut stating that in the pay roll of Capt. Eells Company (which was the 5th Comp of the 3rd Regiment) Elias Clark of Windsor is credited for services from July 1st to Dec 9th 1780. As it is objected to that a man act as certifying Magistrate, in a case, & be also the agent for the same, I have been appointed agent in this case in the room of Mr. Jesse Charlton who forwarded William Clark's papers & to whom Mr. Edwards reported the case on the 5th of Sept 1843.
Most respectfully Your Obt. Servt.
J. H. Charlton
Hon. D. R. Porter Sec of War
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Patent Office
Sept 14 '43
By request I have to certify that while I resided in Windsor Conn. any nature place I was acquainted with Mr. Elias Clark and also Mr. Reuben Barbers. I considered both men of integrity & whose affidavit was entitled to credit.
W. L. Ellsworth

E. Windsor Conn.
Sept 1843
 J. H. Charlton appeals proceeding of Pension Office on claim for services of Elias Clark.
C276. Rec. Sept 15/43
Pension Office
Page 25

(Copy)
Pension Office,
September 5, 1843.

Sir,
The application of Elias Clark, decd, for an increased allowance under the act of 7 June 1832 has been examined and disallowed. His claim for twelve months in 1779 under Sergeant Denslow, at Windsor Depot, as asserted by himself was allowed and paid. Children are not beneficiaries of the pension law in their own right and it is not competent for them, after the death of a claimant, whose claim has been adjusted by allowing all he claimed, to assert upon the parol proof other, and new, items of service, neither asserted nor alluded to by the pensioner when he gave, upon oath, a narrative of his service.
The reasons assigned for his omission of a part of his service are unsatisfactory.
There was in 1833 an universal impression that traditionary evidence alone was sufficient.
I am respectfuly,
Your ooServant,
(Signed) J. L. Edwards

Jesse Charlton, Esq.
East Windsor,
Connecticut.
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right column
Elias Clark
ded. Con
act 7 June 32
increase
17 mo 9 of pri
57.60 from
4 March 31 to 22 June 1833 the day of his death to his only surviving children Hannah, Elias, Samuel, Mary Eunace Vest Elizabeth Lucinda & William Clark - did [illegible] what has been paid

J. L. Edwards Esq
Commissioner of Pensions
Washington D C
Page 27

East Windsor Hartford Co. Ct.
Oct. 27 '43

Sir
I read the letter of GW Crump Esq. acting Commissioner of Pensions dated Oct. 21, 1843 in relation to the application of William, Son of Elias Clark formerly of Windsor Ct. I have endeavored to attain satisfactory proof that Elias Clark who served in the short [illegible] in the Continental army in 1780 was the identical Elias Clark who served my the hospital guard in 1779. And the Depositions were taken by a Magistrate who I believe has never acted as agent or attorney in any application for pensions & the credibility of the Witness is certified by him  & as the Hon. Henry L. Ellsworth was a native of said Windsor & acquainted with the magistrate & with every one of the witnesses. I will ask him to certify to the character & standing of them. Respectfully Yours 
J.H. Charlton 

JS Edwards Esq.
Commissioner of Pensions
Washington D.C.
Page 28

*Left Side as written*

Pension Office
September 18, 1843

Commissioner of Pensions 
Resent in the care of Elias Clark, died

*Right Side as written*

The fact of the Pensioners we have asserted or claimed for a letter of service during his life time  does not impair the right of his heirs during so and be unfit ing by it as the Pensioner might have done, if they prove it by unquestionable testimony. and I think the additional service in this case would be sufficiently proved if the Certificate of the Comptroller were properly authenticated by the seal of office or an my of the entry furnished with the [illegible] certified of the Secretary of State. 
Of course the Commissioner of Pensions will later care what the identity of the Elias Clark who has been pensioned, with him who rendered the service for which the [illegible] created allowance by was clarified is sufficiently established. 

[illegible] 
Sept. 28/1843

J.M Porter
Page 29

Pension office
September 18, 1843 

Sir,
 In [illegible] to your order, I have the honor to submit to you the case of Elias Clark, dec. upon which an appeal is later by J.H. Charlton Esq. 
This, as you will perceive by the paper marked [triangle symbol], is an application of the representatives of a deceased pension for the re-adjustment of his father's pension, for services which the father in making out a claim for a pro rate stipend, never claimed or alluded to; and upon its presentation was disallowed for the reason assigned in my letter of 5th [illegible[ to J. Charlton Esq, Marked B) Mr. Charlton misconceived the decision. It is not that any right of pension resting in the father in his lifetime, may not be asserted by his son. It is, that there is no right in this case in the father, as is shown by the fact, that his father, whose pension was to be computed by the length of the service and who received a half pension only, never asserted was alluded to any such right. In all questions as to his service in the adjustment of his claim, his narrative, upon oath, is conclusive as to the [illegible] of his claim and  [illegible] those who represent him for [illegible] it in essential point.
Page 30

I may be permitted the remark, founded upon long experience in this Department, that if it be [illegible] after the death of a pensioner to introduce successfully evidence to establish service which the pension never allowed to in his lifetime, when he had very inducement in the variant steps he look to have his claim adjusted, and to account for his reputed omission of the claim in the deposition of the agent, no limit can be assigned to the final adjustment of claims, or to the attempts at hand which such a decision would invite. 

I have the honor to be,
Very respectfully, 
Your  Servant,
J.L. Edwards

Hon. James M. Porter
Secretary of War.
Page 31

East Windsor Hartford County, Conn. 
July 4th 1843

Hon. Sir,
I send herewith the application of William Clark of Windsor, Hartford County Conn; in behalf of himself & the other children of Elias Clark late of said Windsor deceased. 

And am Sir, 
most respectfully, your obedient Servant,
Jesse Charltons



Hon. J.L Edwards

Commissioner of Pensions
Washington D.C.
Page 32

Comptrollers Certificate
E. Clark

1833-81= 1752
Page 33

At a meeting of the Governor & Council of Safety holden at Hartford on the 28th day of February AD 1778, Present his excellency the governor. 

This Honor the Deputy Governor
Jabez Huntington, Esq
William Pither, Esq
Abraham Davenport, Esq
William Williams, Esq
William Hilhouse, Esq
Benjamin Payne, Esq
Andrew Adams, Esq

Upon the application of James & Horace Hooker showing to this board that they have been appointed by Isaac Foster Esq. Director General  to receive & store a large quantity of Hospital stores for use of the United States, part of which have already arrived at Windsor and the rest daily expected, and that they had orders from said Foster to apply to his Excellency for a Guard, & praying for a proper guard [illegible] as per application on file. 

Resolved by this Board, That Coll Roger Newberry be & he is hereby directed to furnish and supply from the Regiment under his command in such manner as he shall judge most convenient to said James Hooker & Horace Hooker, a proper Guard of one
Page 34

Sergeant and Twelve Men for the present and in case he shall judge it necessary that he increase said Guard to the number of Eighteen Men to guard said stores till further orders and that proper Pay Rolls be made up and presented to the Committee of Pay Table for payment, who are hereby directed to liquidate the same, and draw on the Treasurer for the Sum that shall appear to be due thereon, & charge the same to the account of the United States.

Comptrollers Office

I Elisha Phelps, Comptroller of Public Accounts for the State of Connecticut do certify that the foregoing is a true copy from the Journal of the Governors & Council of Safety for the State of Connecticut now remaining in this office, And I further certify that upon the Journal of the late Pay Table office also remaining in this office under date of the 9th day of July 1779 there was charged to the United States an order on the Treasurer in the words and figures, [illegible] United States [illegible]
To an order on the Treasurer Gen. Sergeant Denslow  for guarding Continental Stores at Windsor [illegible] 1004..16..10 Also under date of the 5th day of April 1780 is another Charge to the
Page 35

United Stats in the words and figures following [illegible] United States Dr. To an order on Treasurer [Illegible] Capt. Elisha Hinman for his Company Count DEstang  L1415..12-6

I do C. Sergeant E. Stroughton for account of his Payroll guarding Continental Stores at Windsor 
4040:12=6
[illegible] 5456' 5.0

and that the above items of account for guarding Continental Stores at Windsor were charged upon a list of the claims in favor of this State against the United States & that there remains in this Office the receipt of E. Haskell Comptroller for vouchers for the above and other charges. 

E. Phelps
Page 36

I Eli Barber of Windsor in Hartford County State of Connecticut . Do hereby Depose and say that I am a native of Windsor & always have lived there. I am now 76 years old I have known the late Elias Clark of Windsor. I have never known but one man by that name living in said town, I was not quite old enough to go into the war myself, but I remember that the said Elias Clark went & through  I cannot say how long he served. I can say however that I remember his being in the Service & that I never knew but one man of that name in this tow, and that he was a very worthy man and [illegible] only for two little than two month he said of the [illegible] several years ago and one of his sons now lives in this town, said William Clark and further he sayeth not Eli Barber

Sworn and Subscribed to fore me on this the 24th day of October 1848 at said Windsor and I certify  that the Department is a credible witness. Giles Ellsworth the Justice of the Peace.

I Reuben Burton a resident to fWindsor in Hartford County Connecticut do hereby certify and depose that I was well acquainted with the late Elias Clark of Windsor in Hartford County . I have known him well from the time of the Revolutionary War days to the time of his death. I have been well acquainted in Said Windsor from my childhood- I have always lived there. I am now 87 years. old. I have never known but one Elias Clark in the town of Windsor- and he is the same man who served in the hospital guard and the tower in the Continental Army in the year 1780- I served at the same time in 1780- but in another Regiment but I know him to be the same man who served in both towers

Reuben Barber

Sworn ato and Subscribed before me a Justice of the Peace for Hartford County on the 24th Day of October 1843 and I certify that I am well acquainted with Mr. Rueben Barber the Deponent and he is a creditable and respectable person 
Giles Ellsworth Justice of the Peace
Page 37

I Elijah Denslow of Windsor in the County Hartford state of Connecticut do depose and say that I was well acquainted with old Mr. Elias Clark father of William Clark who now lives in this town, I remember his serving in the Windsor Hospital guard one year, and I remember his going into the service next year and going out to the north River and being gone all Summer. I could not tell under what officers he served but I remember his being in the army the year after he served in the guard at said Windsor, and though I have lived in Windsor almost 80 years I have known no other Elias Clark except his son a young man who removed to the west a few years ago and who was born since the close of the war and was brother of William Clark now of this Town. Mr. Elias Clark died in this town about 10 years since and further the Deponent saith not 

Elijah Denslow

Sworn to and subscribed before me at Windsor aforesaid on the 24th Day of October 1843 and I certify that this Deponent is a creditable person with whom I am well acquainted
Giles Ellsworth Justice of the Peace

I Roswell Miller of Windsor Hartford County State of Connecticut do hereby depose and say that I served in the Hospital guard at said Windsor for the years for which I Receive a pension and I certify that in one of those years the late Elias Clark of said Windsor served with me. I do not remember any other Elias Clark except his son Elias Clark who removed to the west several years Since I am now 84 years of age if there has been any other Elias Clark I should [illegible] known it. Elias Clark died of the consumption about ten years ago.

Roswell Miller 

Sworn to and subscribed before me on this 25 day of October 1843 at said Windsor and certify that I am well acquainted with the Deponent and he is a credible person whose testimony is deserving of Credit
Giles Ellsworth Justice of the Peace
Page 38

I Frederick Chapman of the Town of Windsor in the County Hartford- Connecticut do hereby certify and depose, that I was well acquainted with  the late Elias Clark of Said Windsor and I served with him in the Hospital guard for about a year. I have lived in the town of Windsor 83 years, I have never known any other Elias Clark except his son who removed to the west old Wm. Elias Clark further to the West died of the consumption several years ago and was a very worthy man.

Frederick Chapman

Sworn to and Subscribed before me at Windsor in Hartford County on this the 25th day of October 184 and I certify that the deponent is a creditable witness. Giles Ellsworth Justice of the Peace

I William Howard of Windsor in the County of Hartford State of Connecticut do hereby depose and say that I have lived in Windsor from my birth that I was Post Master of said town for Thirty eight years, and Town Clerk for the space of Six years, that I have known the late Elias Clark the father of the present William Clark for as long a time as I can remember almost anything, he died here in this town about ten years ago and I never have known any other Elias Clark except one of this sons brother to William Clark and he the said Elias second has removed to the west some years ago. the old Gentlemen was always reputed to have been in the service and was a very worthy good man. 

WM Howard

Sworn to and Subscribed before me at Said Windsor on the 25th day of October 1843, I certify that the said William Howard is a creditable person and  a neighbor whom I personally know.
Giles Ellsworth Justice of the Peace

NB the intending and [Illegible] was [illegible] Signing 
Giles Ellsworth Justice of the Peace
Page 39

State of Connecticut SS
Office of Secretary of State

I certify that Giles Ellsworth Esq is &  [illegible] the 20th day of time last part , has been a Justice of the Peace within and for the County of Hartford in said state, duly appointed and commissioned as appear found in this office; and that the foregoing several signatures furthering to be his as genuine. 
In testimony whereof I have hereunto [illegible] my hand and affixed the seal of the said state this 28th day of October 1843.
N. A. Phelps
Secretary of State

By request I certify that I am well acquainted with all the deponents in this sheet [illegible] [illegible] lived in Windsor [illegible] [illegible] is [illegible] men, the [illegible] [illegible] is [illegible] [illegible] gentlemen.
WL Ellsworth 
Nov.2 '43
Page 40

I Jesse Charlton, a resident of East Windsor in Hartford County & State of Connecticut, do hereby depose and say; that some time in the year 1832 according to my best recollection  Mr. Elias Clark, then of the town of Windsor, in Hartford County & State of Connecticut, called on me, at my office in East Windsor, in said County & State aforesaid, and requested me to assist him in obtaining a pension: he stated that he was in the Hospital Guard, at said Windsor for one year, I think in the year 1779; and there was then living several persons in said Windsor who served with him  & who could testify for him, so that he thought he could make full & satisfactory proof so that the case might be decided in less time than the claim terms of service were claimed where he did not know that he could find any more who served with him: after stating the first time of one years service he told me he served another term of about six months, but as he did not know of any moan living who served with him he could not put that in: That if he could get the allowance for the years service that could help him considerably. He then appeared to be in a settled Consumption; and to be a man of very moderate desires, & was, as I understood entirely without property; and a man of a truly religious character. At that time I did not know that the Comptrollers office afforded my evidence that would support his claim for the service in the year 1780; but after his death which took place by a Consumption in June 1833; I found the original Roll in the Comptrollers office, in which it was stated that Elias Clark of Windsor, served in Captain Eells Company attached to 3rd Connecticut Regiment from as a private
Page 41

at that time I was not myself apprised of the fact, that the oath of the Declarant, supported by tradition any evidence, & detailed with so-much particularity as to enable the Commissioner to judge of the probability of the facet, when something in the war department or in the Comptrollers Office corroborated his statement, nothing was found rejecting it, that it  would be judged sufficient. I did not then advise him to put it in his Declaration as his desire was to have as early a decision as possible. But there is not the least room for doubt, as I judged both then & now that the man rendered the service faithfully & was entitled to have it allowed him in his pension & would have had it thus allowed if he had just [illegible] in his Declaration.
Jesse Charlton

Sworn to & Subscribed before the Probate Court for the District of East Windsor in Hartford County Connecticut on the 4th day of July 1843. 
In testimony whereof I do hereunto subscribe my name & affix the seal of said Court on the day  & year last name, & I certify the deponent is a credible person. 

Wm. Barnes. Judge
Page 42

I Reuben Barber of the Town of Windsor in the County of Hartford in the state of Connecticut aged 80 years do hereby depose and say, That I am a native inhabitant of the town of Windsor, aforesaid, & I was in the service in the short levies raised to fill up the Continental Army in the year 1780. I served in the Company commanded by  _________
which was attached to Col. Bradley's Regiment. I was well acquainted at that time and was after to the day of his death with Elias Clark of said Windsor, & I remember his going into the service the same year I did but as he did not serve in the same Company or Regiment with me, I do not remember that he went that year as a Private soldier in the service. And I knew no other Elias Clark of Windsor, tho I was well acquainted there the town of Windsor at that time  & ever since, he is the same man who applied for a Pension: I applied for my tour believing it to be for six months that I served, but the Rolls, (I understood afterwards) showed the time of service to be a little short of that period and my application was rejected as I was out only that one term.
Reuben Barber.

 State of Connecticut Hartford County, so Windsor on this 28th day of February 1843, personally appeared before me Jesse Charlton, Notary Public of & for the State of Connecticut, Reuben Barber, a respectible & credible man to me well known, who then & there made solemn Oath to the truth of the foregoing certificate by him subscribed Before me, Jesse Charlton Notary Public
Page 43

State of Connecticut
Comptrollers Office

I Gideon Wells, Comptroller of Public accounts for the State of Connecticut, do hereby certify, That in the pay Roll of Captain Eells company attached 3rd Connecticut Regiment Elias Clark of Windsor, is enlisted for services as a Private Soldier from the 1st day of July to the 9th day of December 1780 the term of 5 months and nine days as a Private Soldier.

Dated at Hartford, Connecticut this 22nd day of February 1843. 
Gideon Wells, Comptroller
Page 44

[illegible]  Elias Clark

Elias Clark.    Ex. 25058
Page 45

State of Connecticut
Hartford County} S.S East Windsor

On this 20th day of April 183 personally appears in open Court before the Court of Probate for the District of East Windsor now sitting Elijah Denslow a Resident of Windsor in Hartford County aged 69 years a person of veracity and made solemn oath, That he is well acquainted  with Elias Clark a resident of the town of Windsor in Hartford County and applicant for a pension under the Pension act of June 7 AD 1832. 

That he served with him in the Continental guard, in said Windsor from on or about the first of March 1779, until on or about the first of March 1780, for the full period of one year we enlisted at the store of [illegible] James & Horace Hooker, who were then great merchants in that place & had a general super[illegible] of the stores which were gathered in very large quantities for the use of the army, we were Mustered by the Sergeant Denslow & Stonghton and in the Winter following the time of our enlistment a detachment was ordered from the Militia by Coll. Roger Newberry & Ensign Daniel Hayden  than had the Command, which he said with the company; and I am fully persuaded the applicant served his duly faithfully for the term of one year. I performed duty in said Company the first and second year. I was the Son of Sergeant Denslow the  first Sergeant of said Guard and tho I was
Page 46

but 14 years & two months old when the guard as enlisted yet being very large of my age Capt. Hooker told my father I would do as well as many that were older and urged him to let me enlist into the guard which I did the first year I well recalled that the second year  Mr. Elias Clark the present applicant was a member of the company and. did his duty faithfully  & he is a person of exactly, 
Elijah Denslow

Sworn to and Subscribed this day and year aforesaid Edgar Bissett Clark
Page 47

State of Connecticut 
Hartford County} S.S. East Windsor

On this 20th day of April 1833

Personally appeared in open Court before the Court of Probate for the District of East Windsor now sitting Boswell Miller a resident of Windsor in Hartford County aged 73 years a person of veracity and made Solemn Oath, 
That he is well acquainted with Elias Clark a resident of Windsor aforesaid as applicant for a pension under the pension act of June 7th AD 1832. 

That he served with him in the Revolutionary War in a Company of Guards raised in Windsor in Hartford County in the early part of the year 1778 to guard the Hospital army stores, The [illegible] James & Horace Hooker who were then great Merchants in Windsor furnished us our rations and we were Mustered by the Sergeant Denslow and Stoughton. 
I entered the guard about the twelvth of March 1778 and the said applicant Elias Clark entered it the company at the beginning of its second year and according to the best of my recollection served for the term of one year
Page 48

and the said applicant is a man of fair & good character for veracity
Russel Miller

Sworn to and subscribed the day and year aforesaid
Edgar Bussu Clerk