Revolutionary War Pension and Bounty Land Warrant Application File S. 13,333, George Hart, R.I.
Page 1

(3-1776)

SERVICE
R.I.

Hart, George

NUMBER
S. 13,333

Carded

CONTENTS
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14937
New York

Geo. Hart of Saratoga in the State of N. York who was a Private in the Camp commanded by Captain Manchester of the Regt. commanded by Col. Barton in the R. Island line for 2 Years

Inscribed on the Roll of N. York at the rate of 80 Dollars [blank] Cents per annum, to commence on the 4th day of March, 1831.

Certificate of Pension issued the 26th day of July 1832 and sent to C. Wheeler Providence

Arrears to the 4th of Mar '33 $160
Semi-anl. allowance ending 4 Sep '33 40
$200

{Revolutionary Claim, Act June 7, 1832.}

Recorded by G. C. Stiles Clerk, Book E. Vol. 3, Page 61
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Affidavit of Thomas Dennis in Regard to the Pension of George Hart
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State of New York
Montgomery County [flourish bracket] Ss.

Personally came before me Chauncy Hutchinson one of the Justices of the Peace & of the County aforesaid, Thomas Dennis who deposeth and Swears that he this deponent was personally acquainted with one George Hart, in Tivertown [Tiverton] in the State of Rhode Island before the Revolutionary War between the United States and Great Britain ([illegible]) before the declaration of the Independence of the United States of America and that he this deponant swears that he the said George Hart in the year 1777 enlisted under one Christopher Manchester a Captain of the Rhode island Standing troops for the term of twelve months & served the said term & that the said George after said term reelisted [re-enlisted] under one Philip Palmer a Captain of the said state shore above mentioned for the space of fifteen months & that he the said George also performed the duty of a soldier during said fifteen months in the service of the United States and further this deponent saith not [illegible] under my hand and seal & subscribed to at [illegible] this 23rd day of July 1832.

Chauncy Hutchinson, Justice

Thomas Dennis
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State of New York,
Montgomery County, Clerks office - I, George D. Ferguson Clerk of the said county do hereby certify that Chauncy Hutchinson, before whom the within affidant purports to have been sworn [illegible] on the day of the date thereof a Justice of the peace in and for the said County, & duly qualified according to law to act as such: And that I am well acquainted with the hand writing of the said Justice & verily believe that the signature "Chauncy Hutchinson" subscribed to the within affidavit is genuine. In testimony whereof I have hereunto set my hand and affixed the seal of the said county this 24th day of July 1832.

Geo: D. Ferguson
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George Hart

admd
24 mo. pri.
80$
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State of New York
County of Saratoga [flourish bracket]

On this sixth day of September 1832 personally appeared in open court before [blank] the court of Common Pleas and general sessions now sitting George Hart a resident of Providence in the county of Saratoga and State of New York aged seventy four years who being first duly sworn according to law doth on his oath make the following declaration in order to obtain the benefit of the act of Congress passed June 7th 1832.

That he entered the service of the United States under the following named officers and served as herein stated Capt. Christopher Manchester Lieut. Peleg Simmons and Ens. Benjamin Wilcox company officers that he enlisted in this company in the summer of 1776 for three months that he served out the same in the state of Rhode Island a part of said term being on the Island (Newport) until driven off by the enemy that the place of his residence during the war of the revolution was in Tivertown [Tiverton] Newport County state of Rhode Island that in March 1777 he again enlisted in the company commanded by Christopher Manchester Lieut. Peleg Simmons and Ens. Aaron Wilber for one year and served the same the regiment was commanded by Col. Barton Brigade by Gen. Cornell in this term of service Col. Barton with a company of volunteers went into the Island and fought off the British general - Prescott - that in the spring of 1778 he again enlisted for fifteen months in a company commanded by Phillip Palmer Lieut. Peleg Simmons Ens. Aaron Wilber the regiment was commanded by Col. Crary Lieut Col John Toppin Major Christopher Manchester and that he served out the said term of enlistment in and during said term of service while granted at Bristol attacked by about five hundred of the enemy force being suprise [surprised] we had not general engagement
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several of our men were wounded among whom as Col. Barton - That he was in the expedition of Gen. Sullivan on Rhode Island that after having finished this term of service he was only out occasionally on alarms or a militia man that he has never had any written discharge from the service and has no documentary evidence that he was born in Tiverton State aforesaid in the year 1858 [must be a mistake - 1758?] has no record of his age that he lived in Tiverton aforesaid until some years after the war of the revolution from there he moved to Providence County of Saratoga where he now resides and has resided for rising of thirty years last past
that he hereby relinquishes every claim whatever to a pension or annuity except the present and declares that his name is not on the pension roll of the agency of any state

George Hart

Sworn and subscribed to the day and year aforesaid in open court
Thomas Palmer Clerk

We Ransom Fox & Calvin Wheeler residing in the town of Providence and Calvin Wheeler residing in the same hereby certify that we are well acquainted with George Hart who has subscribed the above declaration, that we believe him to be seventy four years of age that he is reputed and believed in the neighborhood where he resides to have been a soldier of the revolution and that we concur in that opinion.

Sworn and subscribed the day and year aforesaid
Ransom Fox
Calvin Wheeler
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soldier of the revolution and that we concur in that opinion.

Sworn and subscribed the day and year aforesaid
Ransom Fox
Calvin Wheeler


in open court
Thomas Palmer Clerk

Personally appeared
Aaron Hart who being duly sworn saith that he was personally acquainted with George Hart who before and during the revolutionary war resided in Tiverton state of Rhode Island and who now resides in the Town of Providence County of Saratoga and State of New York and that he this deponent resided in Tiverton aforesaid during the revolutionary war that he knew George Hart enlisted in a volunteer company in the spring of 1777 for one year commanded by Christopher Manchester Lieut. Peleg Simmons and that he served out the same that the regiment was commanded by Col Barton and this deponent further that in the spring say April or May 1778 knows that the said George Hart did again enlist for fifteen months in Capt Phillip Palmers [Palmer's] company Col. Crarys [Crary's] regiment and that he served his term out and that the said George Hart was in Bristol a soldier when the British came of the island and burnt Warren and Bristol and further this deponent saith not

Aaron Hart
x his mark

Taken and subscribed before me this 6th day of September 1832 in open court
Thomas Palmer Clerk

and the said court do hereby declare their opinion after the investigation of the [illegible] and of the [illegible] subscribed by the [illegible]
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town of Providence aforesaid & are credible persons and that their statement is entitled to credit -

I Thomas Palmer Clerk of the Court of common pleas and general sessions do hereby certify that the foregoing contains the original proceedings of the said court in the matter of the application of George Hart for a pension

In testimony whereof I have hereunto set my hand and seal of office this 6th day of September 1832

Thomas Palmer Clerk
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State of New York County of Saratoga Town of Providence } Ss

Personally appeared before me Edward M. Fuller one of the justices of the peace in and for said County Aaron Hart to me well known who being duly sworn deposeth and saith that he was personally acquainted with George Hart who before and during the revolutionary war resided in Tiverton State of Rhode Island and who now resides in Providence County of Saratoga and State of New York the same George Hart who made the preceeding [preceding] declaration hereunto annexed in open court the 6th day of September last past - that he this deponent resided in Tiverton aforesaid during the revolutionary war that he knew the said George Hart enlisted in a volunteer company in the Spring of 1777 for one year commanded by Christopher Manchester Lieut Peleg Simmons and knew that he served out the same that the regiment was commanded by Col. Barton and this deponent further said that in April or May 1778 knows that the said George Hart did again enlist for fifteen months in Capt. Phillip Palmers [Palmer's] company Col. Crary's regiment and knows he served out the said term - and that the said George Hart was in Bristol a soldier when the British came off the Island and burn Warren and Bristol and further this deponent saith not

Sworn and subscribed before me this 22 day of April 1833
Edward M Fuller Justice of the Peace

Aaron Hart
x his mark

I Edward M Fuller the justice of the peace who took the above affidavit do hereby certify that Aaron Hart who subscribed the above affidavit is a person of credibility and his statement entitled to credit

Providence April 22 1838 Edward M Fuller Justice
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State of New York
Saratoga County
Town of Providence [flourish bracket] Ss

Personally appeared before me Edward M Fuller on of the Justices of the peace in and for said County Peleg Hart to me well known who by me being duly sworn deposeth and saith that he was personally acquainted with George Hart who before and during the revolutionary war resided in Tiverton State of Rhode Island and who now resides in Providence County of Saratoga and State of New York the same George Hart who makes the preceeding [preceding] declaration hereunto annexed for a pension on the 6th day of September last past in open court of com. please for said County - That he this deponent lived in Tiverton aforesaid during the revolutionary war and knew that the said George Hart did enlist as a soldier in March 1777 in company commanded by Christopher Manchester that he served out the same and this deponent was present when he was discharged the regiment was commanded by Col. Barton and this deponent further states that the said George Hart did again enlist in April or May 1778 for fifteen months in Cap. Phillip Palmer's company regiment commanded by Col Crary and that he served out his term of enlistment, principally if not all in the state of Rhode Island thinks the services were all rendered in said State.

Peleg Hart

Sworn and subscribed before me this 22d day of April 1833
Edward M Fuller Justice of the peace

I Edward M Fuller the justice of the peace who took the above affidavit do hereby certify that Peleg Hart who subscribed the above affidavit is a person of credibility and his statement entitled to credit
Providence 22d April 1833
Edward M Fuller Justice of the Peace
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State of New York
Saratoga County [flourish bracket] Ss

I Alpheus Goodrich Clerk of the County of Saratoga do certify that Edward M Fuller before whom the within affidavit purports to have been sworn was at the date of the same one of the Justices of the peace in & for the said County and that I am acquainted with his hand writing and verily believe his name subscribed to the said affidavit to be his proper hand writing & signature

Witness my hand and seal of the office this 23d day of April 1833
A Goodrich Clerk
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1st Brief No. 7912
George Hart

admd
p-58.

14.16

24 Sep 1832
14 Nov 1832

C. Wheeler
Agent
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No. 7912

BRIEF in the case of George Hart of Providence, County of of Saratoga in the State of New York
(Act 7th June, 1832.)

1. Was the declaration made before a Court or a Judge? In Open Court

2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity? -

3. How old is he? 74 Years.

4. State his service, as directed in the form annexed.

[column headings] Period. Duration of Service. Rank. Names of General and Field Officers under whom he served.
[Row 1] Summer In 1776. 3 Months. As a private. Capt Christopher Manchester
[Row 2] March 1777. 1 Year. " [As a private]. Do Do Do [understood to mean the same as the previous row]
[Row 3] 1778. 1 Year 5 Months. " [As a private]. Col Barton. & Genl Cornell Col Crary

5. In what battles was he engaged? Attack on Bristol.

6. Where did he reside when he entered the service?  Tiverton NewPort [Newport] County Rhode Island.

7. Is his statement supported by living witnesses, by documentary proof, by traditionary evidence, by incidental evidence, or by the rolls? Two living Witness & traditionary evidence

8. Are the papers defective as to form or authentication? and if so, in what respect? They appear to be in due form.

I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
James Ord Examining Clerk.
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Rev War

13333
INVALID.

File No. 13,333'Geo. Hart
Priv. Rev. War

Act: June 7" 1832
Index:-Vol. 1, Page 435

[Arrangement of 1870.]
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2nd Brief No. 7912
George Hart

C. Wheeler
Agent
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No. 7912

BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of George Hart which require further proof or explanation.

I. Does the declaration show where the applicant resides? Yes.

II. Does the declarant make the declaration in the county where he resides? Yes.

III. If the applicant did not make the declaration in the county where he resides, is there any reason assigned for his not doing so? -

IV. Has the declarant mentioned the period or periods of the war when he served? Yes.

V. *Has he mentioned with precision the length of his service, and the different grades in which he served, in language so definite as to enable the department to determine to what amount of pension he is entitled? Yes.

VI. Has he given the names of the officers under whom he served, in conformity with the regulations? Yes.

VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832? Yes.

VIII. Has the Court given their opinion? Yes.

IX. Has the Clerk given his certificate? Yes.

X. Is the Clerk's seal affixed? And if so, has it a device or inscription by which it can be distinguished from any other seal? Yes.
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2

XI. Has the applicant obtained the evidence of a clergyman and another respectable citizen as to their belief respecting his age and the general belief in his neighborhood relative to his revolutionary service? Yes.

XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it? -

XIII. If the applicant has no documentary evidence, and has not obtained the testimony of at least one living witness, has he stated in his declaration that such proof cannot be had? -

XIV. +If the applicant has produced a witness or witnesses as to his service, has the magistrate who administered the oath certified that he, she, or they are persons of credibility? No.

XV. Does it appear from any of the papers that the witness was in such a situation, or of such an age, as to have a personal knowledge of the applicant's service? Yes.

XVI. ++Are the papers authenticated as the regulations direct? No ["Yes" crossed out]

XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered? 7th not answered

EXPLANATORY NOTES.
*QUERE V. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service, but according to the best of his recollection he served not less than the periods mentioned below, and in the following grades: For ___ year ___ months and ___ days, I served as a ___.  For ___ months and ___ days, I served as a ___; and for such service I claim a pension."
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It is important in all cases to determine with precision the period for which the applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service.  The use of the phase about three or four months is too indefinite, and all such qualifying expressions are objectionable.

+QUERE XIV. Proof of Service.
In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses, who are required to set forth in their affidavits the time of the claimants entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged.  The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the affidavits must be properly authenticated, as above directed.

++QUERE XVI. Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticated the papers is not written on the same sheet of paper which contains the affidavit, or other paper authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the end 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.