Revolutionary War Pension and Bounty Land Warrant Application File S. 13461, Smith Hollister, Mass. New York
Page 1

SERVICE
Mass. 
New York

Hollister, Smith

NUMBER
S. 13461

carded

CONTENTS
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20.804

New York

Smith Hollister
of Otsego Co. in the State of New York 
who was a private in the camp commanded
by Captain Bloodgood of the Regt. commanded 
by Col. Graham in the *New York
line for 9 months

*Mass. and N.Y. 
May 14[illegible]
Records completed

Inscribed on the Roll of New York 
at the rate of 30 Dollars -- Cents per annum,
to commence on the 4th day of March, 1831. 

Certificate of Pension issued the 5 day of Oct. 
1833 and Sent to H. Sill
Burlington

Arrears to the 4th of April $75
Semi-an. allowance ending 4[ni?]24 15
$90
{Revolutionary Claim,
Act June 7, 1832}

Recorded by Go C Stiles Clerk, 
Book E Vol 4 Page 91
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Smith Hollister
18068
Admd
9 mo pri
30$

Henry Sill
Page 4

State of New York
County of Otsego
Personally appeared before me the undersigned, a Justice of the peace in the county aforesaid Smith Hollister who being duly sworn deposeth and saith that by reason of old age and the consequent loss of memory he cannot recollect the names of the Colonel under whom he served in the two first mentioned terms of service in the written declaration, but he does recollect that he served one month in Capt Samuel Gutheridge's comp'y of Militia ^ or state troops as therein stated at New Haven in keeping garrison there in the year 1779 That in the year 1780 he served three months in Capt Bloodgoods compy at West Point and other Places in the State of New York Arnold had command at West Point when he was there in this service - In the year 1781 he served four months and seventeen days in Capt McGee's  Compy in Col. Graham's Regiment he does not know that but can state this service any more particular than he has done in his declaration within - In the fourteen days service at Ancram Furnace in quelling the tories Lieutenant Silas Titus of the Militia had command of the detachment - He was also under the command of Lieutenant Titus in the five days alarm service this last service was performed at the time that the tories ransacked General Scuyler's [sic] House and tried to take General Scuyler [sic] We went from Spencertown to Albany distance 35 miles. These two last mentioned terms were performed in the year 1782 The whole of his service was performed in the Militia or State troops service his officers were Militia Officers. He was never drafted but he turned out voluntarily in all of the aforesaid service. He also served  as a private in all the said service. That Elder William Hunt Valorus [sic] Lake and Samuel Treat are his neighbors and can state his character for truth and veracity.
Sworn and subscribed to this 4th day of June 1833
before me Cyrus Brown - Smith Hollister
Justice Peace
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Declaration In order to obtain the benefit of the Act of Congress passed June 7th 1832
State of New York}
County of Otsego} On this 15th day of October 1832 personally appeared in open Court before the Judges of the Court of Common Pleas in and for the County of Otsego in the State of New York now sitting Smith Hollister who being first duly sworn according to law doth on his oath make the following declaration in order to obtain this benefit of the Act of Congress passed June 7th 1832. That he is a resident of the town of Plainfield County of Otsego and State of New York and that he is seventy years of age [inserted] he was born in Sharon Connecticut and that he served in the Revolutionary War as follows and under the following named officers
1st He enlisted in the month of August 1779 Samuel Gutridge in the town of Lenox State of Massachusetts for one Month; In that service he went to New haven Connecticut it being immediately  after newhaven [sic] was pillaged for the purpose guarding the place at which place he stayed the  time of his enlistment and was dismissed.
2nd
He enlisted in the summer season of 1780 under a Captain . . . Bloodgood for three months in the town of Lenox State of Massachusetts; his first service was to march to West point New york at which place he stayed a short time and previous to the desertion of Arnold he went to Tappan Bay and was one who helped fire the cannon at a barge that report said was going to carry arnold away. he stayed at tappan Bay until Andre was hung thence marched to the Fishkills and there took the sloop and went to Albany. They were sent from Albany to a place then called Nisquence [Niskayuna] to chop coal wood for the supply of the army -They
3
 came back to Albany and the day before he was to be discharged he was taken sick and lay in the Hospital there three weeks after the time he was to be discharged his Brother then [continued on next page]
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[...] sloop and went to Albany. They were sent from Albany to a place then called Nisquend [Niskayuna] to chop coal wood for the supply of the army - 
3 They came back to Albany and the day before he was to be discharged he was taken sick and lay in the Hospital then three weeks after the  time he was to be discharged his Brother then came with a carriage and after staying two days it was agreed to remove him as there was no chance for his Recovery there and the opinion of the Physician was he could not survive to be carried five miles he was sick two months [illegible] ... from the Hospital before able to do anything

In the spring of 1781 he Removed with his Father From Lenox to Spencertown New York and in the last days of June or first days of July he [4 May?] Enlisted at Spencertown in a four Months Service under Captain McGee and in Col Grahams Regiment; They marched down the River for West Point and had not gone far before they had orders to Return to fort Edwards to which place he went and was there stationed till his time was out; While there Fort Ann and Fort George were taken at one time he and others were sent to Fort Ann with cattle; they gave us the privilege to stay all night but part of the number concluded to return and  this deponent had not been from Fort Ann an 
hour when it was taken and one of his comrades Nathaniel Miller  was taken Prisoner and carried to England. The next day the enemy were discovered in sight of Fort Edwards and he with Eighteen more were sent out to Watch
4
 the motion of the Indians under Adjutant yellis Fundy in a few moments after they left the Fort they discovered a party of About 300 Indians all of whom [...]
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[beginning words caught in paper fold]
at one time he and others were sent to Fort Ann with cattle; they gave us the privilege to stay all night but part of the number concluded to return and this deponent had not been from Fort Ann an hour when it was taken and one of  his comrades Nathaniel Miller was taken prisoner and carried [illegible]
were discovered in sight of Fort Edwards [illegible]
with eighteen more were sent out to Watch
4
 the motion of the Indians under Adjutant yellis Fundy in a few moments after they left the Fort they discovered a party of About 300 Indians all of whom fell flat upon the Ground and they Retreated Back over a knoll of ground and ran full speed towards the fort; they were pursued within two miles of the Fort and then the Enemy took the Road to Fort George and at the first house two of the Enemy went in to pillage and this deponent & party watching them were Enabled to take them before they could get help from the enemy or get to them again; the enemy crossed the River and burnt all the houses down to our Capt Map five miles below Fort Edwards; The next day the enemy Returned took Fort George; Cut off Col Warner's Regiment killed twenty one of his men nineteen got away and the rest were taken prisoners  The day after the Return from burying the dead (this deponents time was out of Colonel Warners regiment) It was thought Fort Edwards was in great danger and by the persuasion [perseverance?] of the officers it was agreed to stay seven days longer; They then evacuated Fort Edwards and came to Saratoga and he was then detained ten days by Gen Schuyler; in that time they went some of them and a scout and when he returned all had gone home but [illegible] Cole the orderly [...]
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[words missing at top]
Fort Edwards and Came to [illegible] then detained ten days [in margin: 10 days] By Gen Schuyler: in that time they went some of them on a Scout and when he Returned all had gone home but [Mons?] Cole the orderly Sergeant whom he knew - This time of Service was four Months and seventeen days before he was dismissed  The next year he turned out under Lieutenant Silas
5  Titus in the summer time and went to Quell the Insurrection of the tories at Ancram furnace and had to find themselves (as there was no [stores?] of the Army there) : Except they sometimes got some thing from the generosity of the people to eat -
14 ds} In this Service he was fourteen days - also the same year an alarm Came from Albany and he with others turned out and was [5 ds] five days and had to find themselves and their horses - several small alarms but does not Recollect the time he was out nor was the time of much length of his service in than little campaign  never had a written discharge except from the hospital which is lost that he has no documenting evidence and that he knows of no person whose testimony he can [provide?] who can certify to his service
He particularly relinquishes any claim whatever to a pension or annuity except the present and declares that his name is not on the pension Roll of any State
 Sworn to and subscribed the day & year aforesaid      Smith Hollister
 Thomas Lathrop Clerk
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Mr. William Hunt a clergyman, residing in the town of Plainfield in the County of Otsego and State of New York and Valorous Lake residing in the same place hereby certify, that we are well acquainted with Smith Hollister who has subscribed and sworn to the foregoing declaration; that we believe him to be seventy years of age; that he is respected 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

William Hunt
Horace Lathrop, Clerk

and the said Court do hereby declare their opinion after an investigation of the matter, & after putting the interrogatories prescribed by the War Department that the said Smith Hollister was a Soldier of the Revolution & served therein as he states, And the Court further certify that it appears to them that William Hunt who has signed the preceding Certificate is a Respectable Clergyman residing in the Town of Plainfield in said County, And that Samuel Treat who has signed the preceding Certificate resides in the said Town of Plainfield, And that both are credible persons & their statement is entitled to credit
  J.C. Worre
  S. Page}   Justus
  J.C. Parworth
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Mr. Samuel Treat and Valorous Lake both residing in the town of Plainfield in the County of Otsego hereby certify that we are well acquainted with Smith Hollister who has inscribed and sworn to the written declaration that we believe him now to be seventy-one years of age that he is respected 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 this fifth day of June 1835
  Samuel Treat  
 Valorous Lake

Before me Cyrus Brown Justice

I hereby certify that Samuel Treat and Valorous Lake the persons who have subscribed and sworn the above affidavit are credible persons and there [sic] statements are entitled the full credit
 Cyrus Brown Justice Peace
[on side]
Smith Hollister
Smith Hollister
18068
Henry [Si?]
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State of new York
Otsego County}Ss
 I Horace Lathrop Clerk of the Court of Common Pleas in & for the said County certify that the foregoing application of Smith Hollis[ter] for a Pension & I further certify that Cyrus Brown before whom the preceding affidavits of Samuel Treat purports to have been sworn was at the date of the same a Justice of the Peace in & for said County & that I am acquainted with his hand writing & verily believe his name subscribed to the said affidavit to be his proper hand writing & Signature. In testimony whereof I have hereunto set my hand & seal of office this 19th day of Octr 1832         Horace Lathrop
       By T.R. Cory  Deputy
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18068
Smith Holister [sic]

e i
Admd
 9

Henry Till
Bentington Ostego 6T
N York
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WAR DEPARTMENT
Pension Office
May 17 1833

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 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 an be allowed. The notes and the regulations will shew what is necessary to be done. Those points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus:}).  You will, when you return your papers to this Department, send this printed letter with them: and you will, by complying with this request, greatly facilitate the investigation of your claim.

A STATEMENT, shewing the Service of Smith Hollister Oswego County New York.

Period when the service was rendered| Duration of claimant's service. Years, Months, Days| Rank of the claimant.| Names and Rank of the Company officers under whom he served.| Names and Rank of the General and Field Officers.| Battles in which the applicant engaged.| County through which he marched.| Place of abode when he entered the service, and age at the present period.| Evidence by which the declaration is supported.

[illegible] I 1779  n  1  n  pri   Capt  Cols  none New Haven Lenox Massachusetts

As 1780  n 3 n pri Bloodgood   -      none Westpoint - Tadtionay [?]

As 1781 n 4 17 Ar McGee  Graham  none  Ft. Edward Spuer New York

1782 n n 14 Ar Lt. Titus - none Ancrum furnace  - - 

1782 n n 5 - - - none - 

Seventy years of age

I am, respectfully 
Your obedient servant,
J.L. Edwards
Commissioner of Pensions
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2
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," and "volunteers," all persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, &c., Teamsters, Boatmen, &c. Persons who served on board of private armed vessels are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service.
Four general classes of cases are embraced in this law:
1. The Regular Troops.
2. The State Troops, Militia. and Volunteers.
3. Persons employed in the Naval Service.
4. Indian Spies.
As rolls of the regular troops in the Revolutionary War exist in this Department, all persons claiming the benefit of this law as officers, non-commissioned officers, 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
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 © --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 officers ;) the town or county and State in which he resided when he entered the service; the battles, if any, in which he was engaged, and the country through which he marched. a 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 (it 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 of the Revolution, and that we concur in that opinion.
Sworn and subscribed the days and year aforesaid.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion. after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that A. B. who has signed the preceding certificate is a clergyman, resident in the -- and that C. D., 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 sail Court, in the matter of the application of for a pension.
In testimony whereof, I have 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 or commission; but if neither of these can be obtained. the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction.
If such surviving witness cannot be found, the applicant will so state in his declaration,(l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his
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will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County, in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.
     The Court will propound the following (m) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.
     1. Where and in what year were you born?
     2. Have you any record of your age, and if so, where is it?
     3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?
     4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom?
     5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services. 

      To a Soldier. { Did you  ever receive a discharge from the service and if so, by whom was it given and what has become of it?
6.{
     To an Officer. { Did you ever receive a commission, and if so, by whom was it signed, and what has become of it?
     7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution.
     The Court will see that he answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant. 
     The applicant will further produce in Court, if the same can be done, in  the opinion of the Court, without too much expense and inconvenience to him, two respectable persons  -one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion. If one of these persons is a Clergyman, the Court will so certify, and they will also certify, to the character and standing of other persons, giving such certificates.
     The traditionary evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party. And the Courts are requested to be very particular in the 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 the 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 services of any person, who may have died before the taking effect of the act on June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.

----------------------------------------------------

     [a] The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance.
     [b] The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not conforming to the rule.
     [c] The age of the claimant must invariably be mentioned.
     [d] The declarant must mention the period or periods of the war when he served.
     [e] Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had. Every claimant must state, with precision, the length of his service, and the different grades in which he served, in language so definite as to enable the Department to determine to what amount of pension he is entitled. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
     "Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith. that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service; but, according to the best of his recollection, he served not less than the periods mentioned below, and in the following grades: - For _____ 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 the service was performed, he was not employed in any civil pursuit.
     [f] The law makes the relinquishment indispensable. 
     [g] The opinion of the Court is always required.
     [h] The Clerk must give his certificate in every case.
     [i] The Clerk must affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he has no public seal of office, the certificate of a Member of Congress, proving the official character and signature of the certifying officer, should accompany the papers.
     Mode of authenticating papers.
     In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other papers authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
     Proof of Service.
     [j] In a case where the name of the applicant in not found on the records of the Department, he must prove his service by two credible witnessses 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, sompany, and the 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 equally applicable to the cases of Militia men, Volunteers and State Troops, The proof required by rule is 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.
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13.461
INVALID.
-------------
Rev War
File No.  13.461
Smith Hollister
Pri  Rev War

-----------

Act: June 7th  32
Index:-Vol.  1,  Page 180

{Arrangement of 1870}
Page 17

Otsego County Ss.
  I Samuel Treat of Plainfield In the County of Otsego and State of New York do certify on oath that I am personally acquainted with Smith Hollister and believe him to be a Man of truth and verasity and I have often heard the said Hollister speak of being in the Service of the Revolutionary war as enlisted Soldier  I have been acquainted with the Smith Hollister this twenty years past
  Samuel Treat

[Taken?] Subscribed & Sworn to this 11 Day of October 1832  Before me
  Cyrus Brown} Justice Peace
Page 18

I hereby certify that Samuel Treat the person who has subscribed  and sworn to the within affidavit is a credible person and his statement is entitled to full credit

[on side]   Smith Hollister