Revolutionary War Pension and Bounty Land Warrant Application File S. 23690, Lovit Head, R.I.
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(3-1776)
SERVICE R.I.
Head, Lovit
NUMBER S. 236.90
CONTENTS
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Albany 31,178
Lovit Head of [Scho]harie Co. in the State of N. York who was a Private in the company commanded by Captain Wiles — of the Regt. commanded by Col. Richmond in the R. Island line for 9 months. Inscribed on the Roll of Albany at the rate of 30 Dollars- Cents per annum, to commence on the 4th day of March, 1831. 
Certificate of Pension issued the 10 day of Aug 1837 and sent to Elias Holliday Schoharie, N.Y. Arrears to the 4th of March ‘37 180.00 
Semi-anl. allowance ending 4 Sep " 15.00
 $195.00 
{Revolutionary Claim, Act June 7, 1832.}
Recorded by D. Brown Clerk, 
Book E32 Vol. 4 Page 31
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.32250
Lovet Head 
Declaration for Pension the 
admd
9 mo pri 30$ 
From Elias Holliday Schoharie N.Y.
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State of New York Schoharie County,} SS.
 On this ninth day of October in the year of our Lord one thousand eight hundred and thirty four, personally appeared in open court, before the Judges of the Court of Common Pleas of the County aforesaid, now sitting, Lovet Head, a resident of the town of Knox in the County of Albany and State aforesaid, in the seventy ninth year of his age, 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 April 7, 1832. That he entered [words crossed out]  the service of the United States under the following named officers, and served as herein stated. That about the 10 or 12 of September 1776 he firstly he enlisted, at Little Compton in the County of Newport and State of Rhode Island, for three month, in captain Wiles' company, but whose regiment the company was in he is not certain, but his impression is, that it was in Col. Richmonds regiment; that he served his three months out on the Island; and he recollects his time expired in four or five days after the British took possession of the Island; and at the expiration of his term of service, he was discharged at Howland's Ferry 

That in two or three days after, he was draughted for a month at Little Compton aforesaid, in captain Simmons' company, but who had command of the regiment, the company was in, he is not positive, but thinks it was Colonel Hillard that as soon as his month was out, he continued on in the service in the same company as a substitute for Benjamin Head, that they were stationed at Little Compton, County of Newport and State of Rhode Island.  
that as soon as his month, last aforesaid, had expired, he was required to continue on in the same company for a month longer, on his own account, that he did continue to serve in the same company at Little Compton aforesaid for the month out. 
That he then continued right on to serve in the same company, at Little Compton for an other month, as a substitute for his father.
That at the expiration of the month, he was required again to serve for another month, in the same company, on his own account, that he served the month out at the place aforesaid. that he then continued right on in the service in the same company at Little Compton aforesaid,
as a substitute for his father for another month, that the company, about this time, he thinks, was commanded by an other captain of the name of Simmons, and he thinks Col. Cook, about this time, had command of the regiment. That he served his month of substitution out, and continued on to serve in said company and regiment for him self and as a substitute for his father till the British left the Island, which was, if his memory serves him right, towards the latter part of October 1779. that he was in Sullivans expedition on the Island; is not shure but Lieutenant Briggs had command of the company a part of the time, and cannot say but Col. Miller
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had command of the regiment a part of the time, but he recollects that cook had the command of the regiment he was in, at the time of the retreat: that after they left the Island they returned to Little Compton where he continued to serve in Captain Simmons’ company in Col. Cook's regiment, till the British left the Island, as before- Stated and was discharged at Little Compton aforesaid. And that according to the best of his knowledge, he was in the service, for himself and as a Substitute, in the whole, between two and three years.
And to the interrogations of the court he answers, that he was born, as he has been informed by his parents, in the town of Little Compton, in the County of New Port, and State of Rhode Island, the eighth day of January in the year 1756 that his age is recorded in the town Book, at Little Compton aforesaid, he has no doubt. that he was living at Little Compton aforesaid when called into the service; that he has since lived in the State of Massachusetts, that he now lives in the town, now called Knox, in the County of Albany and State of New York, and has lived there more than thirty years past. that he firstly entered the service by enlisting; and he subsequently entered it by being draughted, and by going as a substitute as before Stated. 
He was acquainted with Col. Hillard, Col. Cook, Captain Gideon- Simmons, Capt. Ephraim Simmons & Captain George Simmons, and sent for who were at Little Compton in the service at different periods: and on the Island General Sullivan had command of the expedition was acquainted with Col. Berton & Col. Miller 

that he never received a written discharge. that he is known to the following persons  in his neighbourhood who he thinks can testify to his character for veracity and then belief of his services as a soldier of the revolution ^ To wit, John Wilber, Michael Lee John Whight & John Cornell that he has no documentary evidence and that he knows of no person whom he is shure is now living that can testify to his service exepting William Simmons and David Hillard his present witnesses. 
He hereby relinquishes every claim whatever to a pension or annuity except the present, and declares that his name is not on the pension role of the agency of any State. N.B. the names “John Wilber, Michael Lee, John Whight, & John Cornell” were intertined in the 7th line above before sworn to:
  Lovit Head
Sworn and subscribed in open court the day and year aforesaid  John Gebhard Jr Clerk -
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State of New York Schoharie County ss. Lovit Head, being duly sworn, doth depose and say, that the reason of his applying in the county of Schoharie, is that he lives adjoin in the town of Schoharie, and within about nine miles of the court house in Schoharie where the courts are held, and that he lives more than twenty miles from Albany where the courts are held in his own county, and being very aged it is with difficulty he can even ride nine miles. And further that David Hillard one of his witnesses formerly lived in Schoharie where he is well known, and that he now lives about ten miles from Schoharie court house, and more than double that distance from Albany. And this deponent further saith, that William Simmons, his other witness, lives within a quarter of a mile of the court house in Schoharie where he is well known.
 Lovit Head. 
Sworn and subscribed in open court this ninth day of October 1834 John Gebhard T. Clk. 

State of New York Schoharie County, ss. David Hillard now in the seventy fifth year of his age, who being duly sworn according to law, doth depose and say, that he is well acquainted with the above named Lovit Head, and was well acquainted with him in the revolutionary war, and knows that the said Lovit Head, was in the revolutionary service, that he enlisted for three months in Captain Wiles' Company, at Little Compton in the county of Newport and State of Rhode Island, where he and this deponent then lived, thinks it was early in the fall of the year 1776. And this deponent has no doubt but the said Lovit Head served his three months out on the Island. That he afterwards saw him in Captain Simmons' company in Col. Hillard's regiment, in the year 1777. That he also saw him in the service in Col. Cook's regiment, at Little Compton aforesaid; that he frequently saw him in the service during that year; that he also frequently saw him in the same company and regiment in the year 1778. That he was also in Sullivan's expedition on the Island; that he afterwards saw him in the service in Capt. Simmons company in Col. Cook's regiment at Little Compton, and according to the best of his recollection and belief the said Lovit Head, continued in the service till the British left the Island which he thinks was in October 1779, but whether he was in the
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service the whole time or not he cannot say, but has no doubt but he was in the service in the whole as much as two years. David Hillard. Subscribed and sworn in open court the day and year aforesaid. John Gebhard Jr. Clk. I certify that the above named David Hillard is a credible witness. John Gebhard Jr. Clk. 
State of New York Schoharie County, ss. William Simmons, now in the eighty sixth year of his age, who being duly sworn doth depose and say that he is well acquainted with Lovit Head, who has subscribed the annexed declaration and was well acquainted with him during the revolutionary war and knows that he was in the revolutionary service. That he enlisted for three months at Little Compton, County of Newport, and State of Rhode Island, thinks it was early in the fall of 1776 in Captain Wiles' company that the company was stationed on the Island and thinks it belonged to Col. Richmond's regiment. That the said Lovit Head, this deponent verily believes, served his three months out. That he afterwards saw him in the service in Captain Gideon Simmons' Company in Col. Hillards regiment shortly after his three months had expired, thinks it was early as the beginning of the year 1777. That he saw him frequently that year in the service, saw him also that year in Captain Ephraim Simmons' Company in Col. Cook's regiment, at Little Compton aforesaid. Saw him also in the same company and regiment in the year 1778. That he was afterwards in Captain Simmons Company in Col. Cook's regiment at Little Compton aforesaid and this deponent thinks he was in the service till the British left the Island, which was, he thinks, the latter part of October 1779. That his deponent cannot testify that the said Head was in the service the whole time; as he this deponent was in but about half the time, but verily believes the said Head was in the service in the whole as much as two years if not more.
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Subscribed and sworn to this ninth day of October 1834 in open court. Wm Simmons John Gebhard Jr. Clk. I certify that the above named William Simmons is a credible witness. John Gebhard Jr.
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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. William Beekman first Judge of Schoharie County Henry Shafer Marvin Judd Wm Mann Ths P Danforth We certify that we are well acquainted with William Simmons and David Hillard the witnesses in this matter and that they are men of truth. Wm Mann ThS. P. Danforth I, John Gebhard, Jr. Clerk of the court of Common Pleas of the county of Schoharie do hereby certify that the foregoing contains the original proceedings of the said court, in the matter of the application of Lovit Head for a pension. In testimony whereof I have hereunto set my hand and seal of Office this ninth day of October 1834. John Gebhard Jr. Clk.
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.32250
Lovit Head
Declaration for Pension
admd.
9mo pri
30 $
From
Elias Holliday
Schoharie N.Y.
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23690
INVALID.
Revolution
File No. 23690
Lovit Head
Pri Rev War
Act: June 7th 32
Index: -Vol. 2, Page 178
[Arrangement of 1870.]
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N. YK: Suspd
See Report to Secy of War,
July 18, 1837.
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Gideon Simmons N.Y. Admd no 4465 
admitted
 6 mo. Capt. 
4 mo. Lieut. 
10 mo. private 

20 
6 
120 [13.33] 
4 
5332 

53.33 
3.33 1/2 
10 
33.30 
53.33 
120
 206.66
 183.33
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New York
 Revolutionary
 Lovit Head
 Suspended 
See let to E Holliday 
Dec 2d. 1834 
July 25 35 
same Aug 31. '36 
same Dec. 3 " 
same Mar 28 '37 
Same May 31 '39
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N.Y. Jan 13
Schoharie co [h?] N.Y.
Jany 6th
Free
James L. Edwards Esq
Com. of Pensions
Washington
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Scholarie N.Y. Jany. 6 1837 Sir In relation to the claim of Lovit Head to a pension it was required of him that he should procure from the Secretary of the State of R.I. a certificate showing that Henry Wiles, under whom he had served three months was a captain at the time. This certificate I procured and sent to you last August. In answer to it you say in your letter of the 31 of August last that "There were no enlistments in the Militia as stated by the claimant. Hence that part of the claim could not be allowed without explnation" [explanation] and you add that upon the evidence now before the Department the applicant will be allowed a pension for six months service. Since then I have procured from the Secretary of the State of R.I. the enclosed certificate showing that there was an act passed in General Assembly of that State in 1776 directing a regiment of three months militia men to be raised. This I assume will satisfy the department that there was such a thing as enlisting in the militia for three months. I also enclose an affidavit which shows that Capt. Henry Wiles is reputed to have had command of a company of three months men in 1776. It is probably that Head may be mistaken in some instances as to the precise time that each tour of service commenced and ended, but that his statements are substantially correct I have no doubt. Head's first services were in Capt. Henry Wiles company. He states in his declaration that he enlisted in that company for three months in the fall of '76 and that he served his three months out on the Island, and he proved by David Hillard and William Simmons, two credible witnesses, that he enlisted for three months in Capt. Wiles Company in the fall of '76 and they have no doubt but that he served his three months out in said company. Head and the witnesses may by mistaken as to the precise time of enlistment which cannot be [material?], but they can't be mistaken as
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to the fact of the enlistment. As the case now stands I presume there will be no further objection to the allowance of the three months service. And here I would call your attention to the subsequent services of Head, for I judge from the fact of your stating in your letter that Head would be allowed a pension for six months services on the evidence as it then stood. That the case had been misconcieved, for you will see by adverting to the Declaration of Head that after his three months enlistment had expired he was drafted for a month in Capt. Simmons' company, that he served his month out and continued right on as a substitute for Benjamin Head, then served another month for himself, then another month as a substitute, and then for himself and so on alternately to the end of the year '77. This with the three months service would make at least one year. That in 1778 he served all that year for himself and as a substitute and in that hear he was in Sullivan's expedition; after it was over he returned to Little Compton and continued in the service through the year, this would make two years service. That in 1779 he served till the British left the Island, these services added to the other would make nearly three years. Now what is the proof in the case independent of the of the certificates? I answer that David Hillard Swears to the three months enlistment and then says he afterwards saw him in Capt. Simmons company in Col. Hillard's regiment in the year 1777. Also saw him in Col. Cooks regiment at Little Compton. Frequently saw him in the service during the year. Also saw him in the same company and regiment in the year '78. Was also in Sullivan's expedition on the Island. That he afterwards saw him in Capt.. Simmons company inn Col. Cook's regiment at Little Compton. And according to the best of his recollection and belief he continued in the service till the British left the Island in October '79 and has no doubt he was in
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the service in the whole as much as two years. The next witness is William Simmons who was an ensign at the time in Capt. Ephraim Simmons's company from May '77 till the second Monday in June '79 (see certificate in his case) this witness after testifying to the three months enlistment as aforesaid, he saw Head afterwards in Capt. Gideon Simmons company in Col. Hillard's regt. shortly after his three month had expired and thinks it was as early as the beginning of the year '77. Saw him frequently that year in the service. Saw him also that year in Capt. Ephraim Simmons' company, Col. Cook's regiment at Little Compton aforesaid. Saw him also in the same company and regiment in '78. That he was also in Sullivan's expedition on the Island. That he was afterwards in Capt. Simmons' company at Little Compton thinks he was in the service till the British left the Island the latter part of Oct. '79 and verily believes Head was in the service in the whole as [illegible] as two years if not more. Now, Head has alledged in his declaration about three years service and has proven by two very respectable witnesses as much as two years services and I should suppose that there could be no question of his being entitled to a pension of eighty dollars a year. No more evidence can be had in the case I therefore in behalf of Head wish to have the case decided as soon as possible as it has been stand for a long time. I am respectfully your Obed.t Servt. Elias Holliday. J.L. Edwards Esq. Com. of Pensions
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State of New York Schoharie County, SS Lovit Head being duly sworn, saith that his first service was with the State troops for three months on the Island in Capt. Wiles' company in Col. Richmond's Regt. as stated in his declaration. That one Dunbar was Lieutenant of said company, and his impression is, that one Champlin was Ensign. That his next service was in Capt. Gideon Simmons' company in Col. Hillard's regiment, or rather in Col. Cook's regiment. That Ephraim Simmons he thinks was Lieutenant of said company and one Bailey was Ensign of said company. That after his services were ended, in said company he served in Capt. Ephraim Simmons' Company in Col. Cook's regiment. That Samuel Coe was Lieutenant of said company and commanded it a part of the time. That one William Simmons was Ensign. That his first three months Services were performed on the Island, in the State of Rhode Island, and all the rest of his services were performed at Little Compton in said State as stated in his declaration, excepting his services in Sullivan's expedition which were performed on the Island as also stated in his declaration. And he further saith he does not know that he can state the beginning and ending of each tour of his service with greater precision than he has stated the same in his declaration. Lovit Head Subscribed and Sworn this 21st day of May 1836 before me James Bennett a commissioner of Deeds &c.
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State of New York Schoharie County, SS I Abraham A Keyser, Clerk of the County of Schoharie, do hereby certify that James Bennett before whom the within affidavit purports to have been taken, was on the day of the date of taking said affidavit, a commission of said county authorised to take affidavits, and that I am well acquainted with his hand writing, and verily believe the signature to the taking said affidavit to be genuine. Given under my hand and Seal of office this eighteenth day of July in the year 1836. A. A. Keyser
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State of New York Schoharie County SS. Additional Specification of Lovit Head. Lovit Head, being duly sworn saith, that his first services in the Revolutionary War were for three months under an enlistment in Capt. Wiles' company, of which company Robert Dunbar was Lieutenant but the name of the Ensign he cannot state with certainty, nor the name of the Col. who commanded the Regiment the Company belonged to, but he thinks it was Col. Richmond or Col. Cook that had command. That he enlisted in said Company in the fall of the year 1776 at Little Compton, County of Newport and State of Rhode Island. That they were stationed on the Island where he served his three months out, and was discharged at Howland's Ferry in the County of Newport aforesaid. That shortly after he was discharged, he was draughted for a month at Little Compton aforesaid in Capt. Gideon Simmons' company, in Col. Cook's regiment, of which company, he thinks, Ephraim Simmons was Lieut. and one Bailey Ensign, that he served his month out at Little Compton aforesaid where he was discharged. That after he was discharged he entered the service again in Capt. Simmons' company in Col. Cook's regiment for a month as a substitute for Benjamin Head, and served his month out, at Little Compton aforesaid where he was discharged. That he was then required to serve a month for himself in Capt. Simmons' company in said regiment that he served his month out in said Company at Little Compton aforesaid where he was discharged. That he entered the service again for another month, in Capt. Simmons' company in said regiment, as a substitute for Benjamin Head, and served the month out at Little Compton aforesaid, where he was discharged. That only a part of Capt. Simmons' company went at a time and who commanded them each time he cannot distinctly remember, that they were sometimes commanded by the Capt. and sometimes by the Lieutenant & sometimes by the Ensign. That after the aforesaid services were rendered he was ordered into the service again about the first of Jun 1777, in Capt. Ephraim Simmons' company in Col. Cook's regiment, of which company Samuel Coe was Lieutenant and he thinks William Simmons was Ensign that he served one month in said company and regiment at Little Compton aforesaid and was discharged there at the end of the month's service.
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That he served a month in the same company and regiment, as a substitute for Benjamin Head, at Little Compton aforesaid, and was discharged there at the end of his month's service. He was then ordered into the service for a month in Capt. Ephraim Simmons' Comp. in said regiment, and served his month out in Little Compton aforesaid where he was discharged. That he then entered the service for another month as a substitute for Benjamin Head, in Capt. Simmons' company, in said regiment, and served his month out at Little Compton aforesaid where he was discharged. He was then required to serve another month for himself in Capt. Simmons' Company in said regiment that he served his month out in said company at Little Compton aforesaid and was discharged there. That he then entered the service for a month as a substitute for Benjamin Head, in Capt. Simmons' company in said regiment and served his month out at Little Compton aforesaid where he was discharged. That he then entered the service a month for himself in Capt. Simmons' company in said regiment and served his month out at Little Compton aforesaid where he was discharged. That he there entered the service for a month as a substitute for Benjamin Head in Capt. Simmons' company in said regiment and served his month out at Little Compton aforesaid and was discharged there. He was then ordered into the service again for a month in Capt. Simmons' company in the same regiment and served his month out in said company at Little Compton aforesaid where he was discharged. That he then served a month as a substitute for Benjamin Head, in Capt. Simmons' Company in Col. Cook's regiment at Little Compton aforesaid where he was discharged. He then was required to serve a month for himself in Capt. Simmons' Company in said regiment that he served his month out at Little Compton aforesaid where he was discharged.
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That during the periods aforesaid the company was sometimes commanded by the Captain and sometimes by the Lieutenant, and he thinks the Ensign sometimes commanded the company. That about the first of August 1778 he was ordered into Sullivan's Expedition on the Island and was in the service that time as much as a month. That he cannot distinctly recollect what Col. Commanded the regiment but he remembers that Col. Cook had command at the time they retreated from the Island. That he was discharged at Howland's Ferry in the County of Newport. That shortly after he was discharged he entered the service again as a substitute for Benjamin Head, in Capt. Ephraim Simmons' company in Col. Cook's regiment, that he served in said company at Little Compton aforesaid for a month and was then discharged there. That he then entered the service again for himself in said company and regiment and served in it for a month at Little Compton aforesaid where he was discharged. He then served for a month as a substitute for Benjamin Head in Capt. Simmons' company in said regiment at Little Compton aforesaid and was discharged there. That he then entered the service for a month for himself in Capt. Simmons' company in said regiment and served the month out at Little Compton aforesaid and was discharged there. He then entered the service again for a month as a substitute for Benjamin Head and served his month out in said company and regiment at Little Compton and was discharged. He then served another month for himself in Captain Simmons' company in said regiment at Little Compton aforesaid, where he was discharged. That he then served another month in said company and regiment as a substitute for Benjamin Head at Little Compton aforesaid where he was discharged. He then served a month for himself in Capt. Simmons' company in said regiment at Little Compton aforesaid where he was discharged.
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He then served a month as a substitute for Benjamin Head, in Capt. Simmons' company in said regiment at Little Compton aforesaid where he was discharged. That during these periods of service the company sometimes commanded by the captain and sometimes by the lieutenant and sometimes he thinks the Ensign had command. That sometime in the forepart of July 1779 he was again ordered into the at Little Compton aforesaid in the same regiment and in what was called Capt. Simmons' company, but he think some other person had command of the company at this time but doesn't recollect who, that he served on month at that time at Little Compton aforesaid and was discharged there. That sometime the fore part of August of the same year, he entered the service for a month, as a substitute for Benjamin Head, in said company and regiment and served his month out at Little Compton aforesaid where he was discharged. That he was then required to serve another month for himself in said Company and regiment, at Little Compton aforesaid, that he served his month out at that place and was discharged there. He then entered the service again in said company and regiment as a substitute for Benjamin Head, and served as many as twenty days in Little Compton aforesaid, where he was discharged. That he cannot recollect with certainty who had command of the company during thee three last periods. Lovit Head. Subscribed and sworn this 17th day of April 1837 before me David Miles Justice of the peace. State of New York Schohoharie County, SS I Abraham A. Keyser, Clerk of the county of Schoharie, do certify that David Miles, before whom the above affidavit purports to have been taken
Page 25

was at the time the taking bears date a Justice of the Peace of said county and that I am well acquainted with his hand writing and verily believe the signature "David Miles" to be genuine. Given under my hand and seal of office this 21 day of April 1837. A. A. Keyser clerk.
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State of Kentucky Fleming County SS On this 6th day of September Eighteen hundred and Thirty Eight personally appeared before me a jusitce of the peace in the County aforesaid, Rebecah Helphenstine a resident of said County aged Eighty one years who being duly sworn according to law, doth on her oath make the following declaration in order to obtain the benefit of the provision made by the act of Congress passed July the 7th 1838 Entitled an Act granting half pay and pensions to certain widows. That she is the widow of J. P. Helphenstine, a private in the Regiment commanded by Col. Muhlingburg and served from the beginning to the close of the Revolutionary War and was a pensioner to the day of his death. She further declares that she was married to the said J. P. Helphenstine on the 16th day of June in the year seventeen hundred and seventy six in the county of Frederick State of Virginia. That her husband J. P. Helphenstine died on the 19th day of October Eighteen hundred and thirty and that she was married to the aforesaid J. P. Helphenstine previous to the first day of January Seventeen hundred and ninety four Viz. at the time above stated. Rebecka Helphenstine Sworn to and subscribed the day and year above written. Benja. Northcott William Helphinstine. J.P. I the subscribing majistrate certify upon personal observation that the said Rebecah Helphenstine is unable from bodily infirmity & age to attend court to make the foregoing declaration & further that she is a Lady of high respectability and her statement is entitled to the fullest credit. Benja Northcott J.P.
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Mrs. Helphinstine farther states that her deceased husband was a pensioner of which the now refers the commissioner of pensions to as proof in her and this case sworn to and subscribed to this 6th day of September 1838 before me Benjamin Northcut a Justice of the Peace for Fleming County Ky, Benjamin Northcott. The commonwealth of Kentucky Fleming County Sc. I George M Stockton of the Flemin County Court certify that Benjm Northcott Esqr. is a magiestrate as above and that the foregoing signature of his is genuine. In testimony whereof I have hereunto set my name and affixed the seal of said County this 7th day of September 1838 George Stockton. Fleming County Sc. September 7th 1838. I henry S. Powers Presiding Justice of the Peace for said County certify that the foregoing attestations of George M. Stockton who is Clerk of the Fleming County court is in due form of Law. Given under my hand & seal the date aforesaid. H. S. Powers.
V2196 Rebecca Helphinstine of Philip Kentucky Died Oct 16 1831 Private Lieut
2196
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Schoharie NY May 25th Free James L. Edwards Esq. Com of Pensions Washington May 29 Lovit Head NY
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Schoharie N.Y. May 25, 1837. Sir, A month ago I enclosed to you Lovit Head's specification in support of his claim to a pension, together with a summary of the case. His claim was firstly presented in October 1834. But in consequence of having to remove various objections from time to time the case has been greatly protracted. After his last papers were sent on he was then in hopes of receiving his pension certificate shortly. I wish the case might be attended to, for his sake, as soon as possible, for the old man is now going from place to place among his relations who perhaps are rather unwilling to be troubled with him, which makes him the more anxious to have his case decided as soon as it can be consistently for every day is a month with him. I am respectfully your obed't Serv't Elias Holliday James L. Edwards, Esq. Com. of Pensions
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BY HIS EXCELLENCY, John Brown Francis Governor, Captain-General and Commander in Chief of the State of Rhode-Island and Providence Plantations. BE IT KNOWN, that the name "HENRY BOWEN" to the aforewritten attestation subscribed, is the proper hand writing of Henry Bowen, Esquire, who at the time of subscribing the same, was Secretary of the State aforesaid, duly elected and qualified according to law: Wherefore into his said attestation, full faith and credit are to be rendered. In testimony whereof I have hereunto set my hand and caused the seal of said State to be affixed at Providence, this nineteenth day of August in the year of our lord one thousand eight hundred and thirty-six and of Independence the sixty-first. John Brown Francis. BY HIS EXCELLENCY'S COMMAND. Henry Brown Secry
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State of Rhode Island and Providence Plantations Secretary's Office August 19 AD 1836. I Certify, that at the session of the General Assembly of said State in June seventeen hundred seventy six, Henry Wiles was elected Captain Robert Dunbar Lieutenant, and William Pendleton Ensign, of the Second Company of Militia in the town of Newport for and until the first Wednesday of May then next: as appears of record in this office. Witness Henry Bowen Secry.
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Schoharie N.Y. July 26th Free James L. Edwards Esq. Com. of Pensions Washington July 29
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Schoharie N.Y. July 26, 1837.
Sir: I received from the hon. J.R. Poinsett, Secy of War, Your report, to him, of the case of Lovit Head, in which you concluded by saying, "That upon a review of the whole case, it is believed that the allowance for nine months service is in accordance with the liberal spirit of the act, and fully as much as his actual services in the field would warrant." In this opinion his Hon. The Secretary concurs. It is stated in your report that Capt. Simmons was an applicant under the act of 7th June '32, and he alleges but six months service in monthly tours at the periods alleged." 
You will see on looking at Heads declaration that he served six months in Capt. Gideon Simmons' company before he served in Capt. Ephraim Simmons' company, for Ephraim wasnot appointed Capt. til May 19, 1777. Now if one half of the services in Capt. Gideon Simmons' company were allowed, and the three months enlistment in Capt. Wiles' company, and the month in Sullivans expedition, and one fourth part of the service alleged to have been rendered in Capt. Ephraim Simmons company, they would amount to as much as a year. But if the services in Capt. Gideon Simmons' company, (which I fear escaped observation) were taken into the account, in deciding the case, and he, in view of the whole service, is adjudged to be entitled to an allowance for nine months only, let the certificate be issued accordingly.
I am respectfully, your Obedient Serv't Elias Holliday, J.L. Edwards Esq. Com of Pensions
Page 34

Apl 28
NY [illegible[ Act 1832
Schohaire co [ho?] N.Y.
Apl 24th Free 

James L. Edwards Esq. 
Com. of Pensions
Washington 

Act 7th: June 1832
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Schoharie April 24, 1837.
Sir: Lovit Head's pension papers were made out and sent to you in October 1834. It was then objected, if I recollect right, that there was no evidence, in the Department, that Wiles' was in the service as set forth in the case, and to render that part of the claim admissible it would be necessary for him to procure a certificate from the Secretary of the State of Rhode Island, showing that there was such a Captain. Now, Head had proved by two credible witnesses, that he did enlist for three months in Capt. Wiles' company, and they further testified that they had no doubt but Head served his three months out & Now, against this positive proof, and the law of evidence, the Department intended that no such service had been rendered, because Wiles' name was not found at the Department, and that the witnesses therefore must be mistaken. Now, in the regulations of the War Department of 1832, after speaking of Virginia and New Hampshire it is said, But with respect to other State troops and militia, there is no record to advert to, and no presumption to be rebutted." Then, why was this presumption raised, and that too against positive proof, and Mr. Head required to procure from the secretary of Rhode Island, a certificate to rebut this presumption? Now, in consiquence of this requirement Head was compelled to procure this certificate, or loose three months of his services. He, therefore at considerable expense, trouble, and delay, procured a certificate proving that Wiles was a captain of militia at the time, &c. When this was done, and the certificate sent on, I did suppose that there would be no further objection to the allowance of that part of the claim nor of the residue, as it was so well supported by proof. But in this I was mistaken, for I received your letter shortly after, with another objection, which was that Wiles was a militia officer and that there were no enlistments in the militia as stated by the claimant," (altho he had proved positively, by two credible witnesses, that he did enlist for three months in captain Wiles' company)" hence that part of the claim could not be allowed without explination, and that upon the evidence before the Department, as it then stood, the applicant would be allowed a pension for six months"! and nothing for the three months services without explination ! This would be allowing him less than one fourth part of his services substantially proved by two credible witnesses. Now, under this state of facts I must say I was totally at a loss to know what explination could be made to satisfy the Department, who had already, apparently, formed an unfavorable opinion in the case by intendment, and had decided against Heads claim to the three months services, in Capt. Wilis' company, by presuming his rights away contrary to positive proof.
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Now, why the department assumed the right to disregard the law of evidence, that a court and Jury would have no right to do, and decide against a claim well supported by proof, is more than I can say. courts and Juries have a right to presume, from circumstances for or against a party's claim, in the absence of direct testimony, but when the claim is proved, the right to presume against it is lost. Yet, as the decision was made, and there being no alternative for poor Head, he was compelled to seek for further evidence to do away this last and groundless objection (for so it turned out to be) and after long enquiry, much trouble, delay, vexation, and expense he, at length, ascertained that there was a law passed in General Assembly of the State of Rhode Island in '76, directing a regiment of three months militia men to be raised &c. and he procured a certificate of the facts from the Secretary of that state. This certificate destroyed the last objection, and fully proved that there was no foundation for saying that "there were no enlistments in the militia as stated by the claimant." and the other certificate removed the other objection. Now, this delay, trouble and expense has been inurred to do away the effects of these decisions. The last certificate procured from the Secretary of the State of Rhode Island, I enclosed to you, the sixth day of January last, with an expectation that the case would then be speedily decided, as it was one of long standing, but I heard nothing from it for the space of three months lacking five days, and then not till I had written to know whether the papers had not miscarried. In your answer, which I reviewed, you stated that Head would be allowed for three months services claimed, which were specified in the manner prescribed by the regulations of the Department, in all nine months.
From this it appears that the reason of his claim being restricted to nine months is because his services were not specified agreeably to the requirement. He has therefore made a new specification, as fully and as explicitly, I believe as the regulations require, Which specification is herewith forwarded to you, and in it you will find stated, two years ten months and twenty days service or thereabouts, from time to time from the fall of '76 till in the fall of '79 and you will find, by adverting to the testimony in the case, that he had substantially proved the whole of his service by two credible witnesses, who were, at the time of the service, his townsmen and neighbours. They are both pensioners for services rendered in and about the same places. The one witness, David Hillard, is a son of Lieut. Col. Hillard, of Col. Cook's regiment, and is a pensioner for services rendered in said company, and in Capt. Gideon Simmons' company, at Little Compton and on the Island, at which places
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Head served. And to show that William Simmons the witness was Ensign See the certificate in his pension case. Both of these witnesses are men of known integrity, they lived in the same neighbourhood with Head and were familiar with his services, therefore there is nothing to render their testimony doubtful, but it is entitled to the fullest credit. And as the case now stands, I cannot see how the department can avoid allowing a pension for two years services. This case has been a very protracted one, in consequence of having to meet so  many objections, and it is now once more submitted for consideration and I trust it will be decided soon, according to its merits, as the old man is anxious to realize the enjoyment of whatever may be adjudged in his favor.
 I am, respectfully, 
 your Obed't Serv't 
  Elias Holliday 

James L. Edwards, Esq. 
Com. of Pensions.
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Schoharie N.Y. August 27, 1836 Sir. In relation to the claim of Lovit Head to a pension it was stated in Mr. Crump's letter of the 26 July, 1836, that a certificate from the Secretary of the State of Rhode Island was necessary &c. I have therefore, at last, through the agency of a gentleman at New Port, and at an expense of $4.62 1/2, procured a certificate, which I enclose to you. This certificate proves that Wiles was Captain in '76 and Dunbar Lieutenant, as stated by Head in his specifications. And the certificate I obtained and sent to you in the case of William Simmons, of this place, proves, I believe, that Head's other officers were in commission at the time he stated to have been in the service under them. In addition to this, he has proved, by two credible witnesses, as much as two years service. This together with the certificates, I presume, will entitle Mr. Head to a pension which he hopes to receive erelong. I am very respectfully your obt. Servant Elias Holliday. J. L. Edwards Esq. Com. of Pensions.
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Schoharie ss Co, NY
 March 20th Free

 James L. Edwards Esq. 
Com. of Pensions 
Washington

 Mar 28 Lovit Head, NY
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Schoharie N.Y. March, 21 1837. Sir. In the matter of the application of Lovit Head for a pension, the last objection in the case was that "there were no enlistments in the militia for three months as stated by the claimant." To do away this objection I procured a certificate from the secretary of the State of Rhode Island, showing that there was a law passed by the general assembly of that state in 1776, for raising a Regiment of three months militiamen, &c. This certificate I sent to you by mail the 6th day of January last together with some remarks in the case and I have not as yet heard anything concerning it. The old man's proceedings were conducted in the Common Pleas of Schoharie County although he at the time lived in the town of Knox, Albany County, from which place, however, he has now removed. He sent, a short time ago, to me to know about his business. I informed the bearer, that I had not heard anything from it since the last papers were sent to you, but daily expected to hear from it. It being now two month and a half since the last evidence in the case was sent to you, and not having received a certificate for the old man, nor any information touching the matter I am induced to believe that the papers have not been received by you. If they have not, will you so kind as to inform me of it so soon as you receive this, that I may procure another certificate in order to a final decision in the case, for it is now above two years and a half since the old man made application for a pension, and perhaps begins to think, by this time, that I have rather neglected to attend to his business.
 I am respectfully
 Your Obed't Servant 
Elias Holliday

 James L. Edwards Esq. Com. of Pensions.
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Free 
James L. Edwards Esq. 
Com. of Pensions 
Washington 

L. Head. Oct 31 NY 
Schoharie Co. 
Oct 26th
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Schoharie, N.Y. Oct. 25 1836 Sir: In relation to the claim of Lovit Head to a pension and in particular to that part where it is stated he served three months under an enlistment in Capt. Wiles' company, on the Island of Rhode Island in the year 1776 which service, together with his other services he not only swore to but proved by two credible witnesses. This, however, it seems was not satisfactory and it was required of him that he should procure a certificate from the secretary of Rhode Island showing that Wiles was a Captain at the time &c. This was difficult for him to do, but after much trouble and at an expense of more than four dollars, I procured for him the certificate which I forwarded to you proving that Henry Wiles was elected captain of a militia company in June '76. This certificate together with the One previously sent, I supposed would be sufficient. In that however, I was disappointed, for in your letter of the 31st of August last you say that "there were no enlistments in the Militia service as stated by the claimant. That the tours were either monthly or half monthly. Hence that part of the claim could not be allowed without explanation. And that upon the evidence now before the department the applicant would be allowed a pension for six months services." This Head declined receiving, saying that he had served more than four time that length of time and that if he could not be allowed more he could have nothing. Upon this I should have abandoned the case were it not for his being altogether positive that he served as he stated in Capt. Wiles' company three months on the Island and that there was no mistake about it. He also spoke with as much certainty in relation to his other
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services. I therefore concluded to investigate the matter a little further and accordingly addressed a letter to a gentleman at Providence R.I. to see if the fact could not be ascertained that there was a regiment of three months militia men on the Island in '76. His answer is in these words "There was a law passed by our Legislature to raise a regiment for three months in 1776 and this regiment was raised and put under the command of Col. Cook, and stationed on the Island of R.I. and stayed there until the British landed in '76. And he further stated, that "but a few days ago he had one of the original enlistments of one of the companies in said regiment (and then adds) I should think that a copy of the order for enlisting this regiment would be sufficient to establish the services. And this he says he can provide if desired &c. But five dollars must firstly be enclosed to him. This the old man cannot very well do, and it is perhaps uncertain whether the department will consider it sufficient to establish the fact that there was such a thing as enlisting in the militia for three months. If it will be sufficient, of which I presume there can be but little doubt, it may be ascertained most likely by turning to the act it self which was passed in '76. The Law, and ordinances of each State in the Union I conclude are to be found in some of the offices or at least in the United States Library; and if so, it will save the trouble and expense of procuring a certificate from R.I. If you will take the trouble to [illegible] to it. It will be found in the Sessions of 1776. Will you please to advise me in relation to this matter so soon as practicable. Your Obt. Servt. Elias Holliday J.L. Edwards Esq. Com. of Pensions
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The third section of the act in relation to widows pensions approved July 4, 1836, says that if a soldier of the revolution died leaving a widow whose marriage took place before the expiration of the last period of his services, such widow what be entitled to receive during the time she may remain unmarried the annuity or pension which might have been allowed to her husband by virtue of the act aforesaid, if living at the time it was passed. Now it has been thought by some that if the husband died before the passing of the act that the widow would not be entitled, but I should supposed the meaning of the act was otherwise, and want to therefore ask whether the widow would not be entitled to a pension if the husband died before the passage of the act equally as much as tho' he had lived till the act was passed? E. Holliday
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Schoharie ch NY July 21 Free James L. Edwards Esq. Com of Pensions Washington July 25 NY
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Schoharie N.Y. July 21, 1836. Sir, Your letter of Decem. 2, 1834, In relation to the application of Lovit Head for a pension among other things, states that "in order to render the claim admissible it will be necessary to show by a certificate from the Secretary of the State of Rhode Island, Henry Bowen, Esq. that the officers mentioned were in service at the period referred to." - Since receiving this letter I have forwarded to you, in support of the claim of one William Simmons, of this place, a certificate from the Secretary of Rhode Island, showing that Col. Cook, Col. Hillard, Capt. Gideon Simmons, Captain Ephraim Simmons and other were in commission at the time Head states he was in the service under them. The certificate, if I recollect right, included all Head's officers, required to be certified to by your letter, excepting Capt. Wiles. I presume this certificate will answer for all excepting him. And for the purpose of procuring a certificate that he was in commission at the time, I wrote to the Secretary of Rhode Island requesting him to make out and forward to me one to that effect, together with the amount of his fees which I would enclose to him so soon as I received the certificate, and after waiting a reasonable time, without receiving an answer, I wrote to him to have the goodness to inform me what would be the probably amount of his charges for examining, making out and sending a certificate, and I would enclose the amount to him before he did anything in the matter. I paid postage on both letters but never received and answer. Now in as much as Head has proved his services in Capt. Wiles' company by two reputable witnesses, I would submit whether it ought not to be sufficient without compelling him to procure this certificate which he cannot very well procure without going or sending some one to R.I. for that purpose which I believe he is unable to do. His other services are proven by the same witnesses, who are very respectable old gentlemen, and men of truth, and who lived neighbours to Head before and during the war, and were both in the service, and were well acquainted with Head's services. How supposing that through negligence of some other cause no returns of these three months services were made, or that no rolls or records are in the office showing the services to have
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to have been rendered, or showing that Captain Wiles was in commission at the time, and yet these services are proved by two credible witnesses to have been rendered, I would ask whether according to the established rules Head would not be entitled to an allowance for these services? If he would not, he must try and get a certificate if one can be had. Head thinks the company belonged to Col. Richmond's regiment, but of this however, he is not certain. It may be that Capt. Wiles' company was in some other regiment than Richmond's if this should appear to be the case from the records at the pension office, and you would be so obliging as to inform me what regiment the company belonged to during this period of service, the old man could refer the Secretary of Rhode Island to the very regiment, which would perhaps save some trouble and expense in searching records. Head has made a specification of the names of his officers, the places of his services, duration &c. as near as he could, which I enclose to you. It is also stated in your letter that "the militia of that State were for the most part classed and served alternately every other half month; this regulation included officers as well as privates, the applicant could not therefore have served continuously under the same officers as "alledged." In answer to this, I can merely say, that the old man when he made his declaration, stated that while he served in Capt. Gideon Simmons' company Ephraim Simmons the Lieutenant commanded the company a part of the time. He also stated that when he left Ephraim Simmons' company, Benjamin Coe the Lieutenant sometimes had command. These facts I did not think material at the time, for which reason they were omitted. I supposed that all that was necessary on that score, was merely to state what company and regiment he belonged to without reference to the fact that the captain, Lieutenant and Ensign had command alternately. I believe it is not in the power of the Old man to make his case any plainer nor produce any further evidence of his services, and must therefore submit it as it is, unless a production of this certificate is persisted in; and then it is very uncertain whether it will be in his power to procure it.
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If stronger proof is required at this late day, than he has furnished, it will be pretty difficult for anyone to succeed hereafter, as almost all the old soldiers by whom these things could be proved have gone to their long account. The old man wished to have his case decided as soon as possible and to be allowed as much as the circumstances and evidence will warrant. He has been searching for more proof without success; his fellow soldiers are about all dead, whom he, no doubt, will shortly follow. That I have done for the old man has been done without fee of reward under the fullest belief that he had faithfully served his country and is entitled to a pension. I am, very respectfully, your Obed.t Servt. Elias Holliday James L. Edwards Esq. Com. of Pensions