Revolutionary War Pension and Bounty Land Warrant Application File S. 13392, David Hillard, New York
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SERVICE
New York

Hillard, David

NUMBER
S.13392

CONTENTS
Carded
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24.142
New York
David Hillard of Schenectady in the State of New York who was a private in the Comp. commanded by Captain Pierce of the Regt. commanded by Col. Cook in the New York line for 2 years ... ... ...

Inscribed on the Roll of New York at the rate of 80 Dollars 00 Cents per annum to commence on the 4th day of March, 1831.

Certificate of Pension issued the 6 day of No 1833 and sent to G. F. Yates
Schenectady
Arrears to the 4th of Sep '33 $200
Semi-anl. allowance ending 4 M '34 40
$240

{Revolutionary Claim, Act June 7, 183}
Recorded by Geo C Stiles Cle
Book E Vol 4 Page 104

Letter to G.F. Yates 29 Aug 1839
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[illegible]
David Hillard N.Y.

Admitted 
Private 2 years

Giles F. Yates, agent
Schenectady New York
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WAR DEPARTMENT Pension Office, 183 Sir: The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in a tabular form. On comparing these papers with he following rules, and the subjoined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will 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, (this: } ). 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 David Hillard of Schenectady Co. New York

Period when the service was rendered  [Unreadable] 1776   Duration of claimant’s service:  [unreadable]  1 year  Rank of the claimant  private   Names and Rank of the Company officers under whom he served.     Captain James Pierce   Names of the General and Field officers  Colonel John Cook  General  Sullivan  Battles in which the applicant was engaged.     Rhode Island  General Sullivan    Country through which he marched.  Long Island  Newport     Place of abode when he entered service and age at the present period.  Little Compton   Rhode Island  aged 72    Evidence by which the declaration is supported  Traditionary   [unreadable] 2 years 

Duration of claimant’s service:  9 months  Rank of the claimant  sergeant    Names and Rank of the Company officers under whom he served.   Capt Simmons      Names of the General and Field officers    Colonel Jno. Cook

Duration of claimant’s service:  about 6 months  Rank of the claimant  Private   Names and Rank of the Company officers under whom he served.   Captain Cornelius Briggs    Names of the General and Field officers  Colonel William Richmond

From the spring of 1776to the end of the war was nearly all the time in service [unreadable] one month is disputable [unreadable]

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


The following regulations have been adopted: This law had been construed to extend, as well to the line, as to every branch of the staff of the Army. and to include under the terms  "Continental Line," "State troops," "militia," and "volunteers," all persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who were occasionally employed with the army upon civil contracts, such as Clerks to Commissarie 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, claim-ing the benefit of this law as officers, non-commissioned officers, musicians or privates, will in the first in-stance, 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 } 88.

On this       day of          personally appeared (a) before                          
            A.B. a resident (b) of         in the county of          and State, Territory or District of           aged (c)          years, who being first duly sworn, according to law, doth on his oath make the following declaration, in order to obtain the benefit of the provion 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 serv-ed under more than one term of enlistment, he must specify the particular period, and names of his officers;) the town or county and State in which he resided when he enered the service; the battles, if any, in which he was engaged, and the country through which he marched.  ->This form is to be varied so as to apply to the cases of officers and per-sons 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.
        [And then will follow the certificate of the Court.]
  And the said Court do herby declare their opinion (g) that the above named applicant was a revolu-tionary soldier, and served as he states.
       I                                         of the Court of                                           
do hereby certify (h) that the foregoing contains the original proceeding 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 name of applicants, making such declaration, cannot be found, they wull 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 Vriginia, will make and subscribe a declaration similar to the foregoing, with 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 worn to the above declaration; that we be  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 day and year aforesaid.     
                  [And then will follow the certificate of the Court.]
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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.
6. To a Soldier. Did you ever receive a discharge from the service, and if so, by whom was it given and what has become of it?
To an Officer. Did you ever receive a commission, and if so, by whom was it signed, and what has become of it?
7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution.
The Court will see that the answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant.
The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion. If one of these persons is a Clergyman, the Court will so certify, and they will also certify, to the character and standing of other persons, giving such certificates.
The traditionary evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party. And the Courts are requested to be very particular in the enquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
Applicants unable to appear in Court by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court. Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the peace. the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature.
No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.
[a] The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance. [b] The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not conforming to the rule.
[c] The age of the claimant must invariably be mentioned.
[d] The declarant must mention the period or periods of the war when he served.
[e] Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had. Every claimant must state, with precision, the length of his service, and the different grades in which he served, in language so definite as to enable the Department to determine to what amount of pension he is entitled. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
" Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of bis 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 mouths 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 the pensioner and the length of his service. The use of the phrase about three or four months, is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state that they served two years in the militia, &c. without specifying the tours, the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must, in every case, be clearly shown under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with au embodied corps called into service by competent authority that lie 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 his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he has no public seal of office, the certificate of a Member of Congress, proving the official character and signature of the certifying officer, should accompany the papers.
Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other papers authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
Proof of Service.
[j] In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses who are required to set forth in their affidavits the time of the claimant's entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office. The notes from [a] to [j] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in note [j] applies to continental troops only.
[k] This traditionary evidence is indispensable in militia cases.
[l] If a witness cannot be found, the declarant must state the fact.
[m] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.
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State of New York
County of Schenectady SS
On this twelfth day of October in the year of our Lord one thousand eight hundred and thirty two personally appeared in open court, before the Judges of the Court of Common Pleas in and for said county now sitting David Hillard a resident of the town of Duanesburgh in said County and State, aged upwards of seventy two 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.
He was born in the town of Little Compton in the county of Newport in the state of Rhode Island on the second day of April 1760. The record of his age is in the Register of births kept in the town where he was born; a certificate of which is hereto annexed.
When he was called into the service of the United States in the army of the revolution, he was living in Little Compton aforesaid and he now lives in the town of Duanesburgh aforesaid.
He entered the service of the United Stats under the following named officers and served as herein stated.
In the spring of the year 1776 he enlisted in Captain James Pierce's Company of artillery in the regiment commanded by colonel John Cook- and served in said company for a term exceeding one year. He was with the American Army at Long Island until they retreated from the same, and was on duty at Newport in that State when the British troops landed and took possession of it.
From the spring of the year 1776, as aforesaid until the end of the war he was nearly all the time in service though under different engagements. The precise period of each
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engagement he cannot distinctly call to mind. The militia of the town in which he lived were divided into two classes which performed duty alternately. The claimant belonged to the one class, and his father to the other, as a member of one class he served for himself one month, and as a substitute for his father the next month, and so on from month to month during the whole of said period. Under one engagement he served for the term of nine months in Captain Simmons's Company in said regiment of John Cook; in another engagement for the term of about six months in Captain Cornelius Brigg's Company in Colonel William Richmonds's regiment of Militia of said State of Rhode Island, and for a term exceeding one year in Captain John Davis's Company in said regiment of Colonel John Clark. He was a Sergeant during the whole of the nine months in which he served in Captain Simmons's company as aforesaid. The posts at which he served were as follows: viz. at Little Compton aforesaid, New Bedford, Howland's Ferry + other places..
He was in no battles or skirmishes during said service except in the battle of Rhode Island under General Sullivan in Augt. 1778, besides in many skirmishes at Bedford + other places.
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THE FOLLOWING are the names of some of the regular officers whom he knew, or who were with the troops where he served, and such continental and militia regiments of companies with which he served, or as he can recollect, viz:    those whose names are herein before named also captain John Davis  General Cornell, Colonel Livingston and Major General Gray      
He never received any written discharge from the service.      
He has no documentary evidence, and knows of no person whose testimony he can procure who can testify to his service except those whose depositions are hereunto annexed -      
The following are the names of persons to whom he is known in his present neighborhood, and who can testify as to his character of veracity, and their belief of his services as a soldier of the revolution, to wit  Stephen Griffith and John Titus         
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.    
Subscribed and sworn to the day and year first aforesaid}   John S. Vrooman    Clerk.    
David Hillard
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We   Stephen Giffith    residing in the town of Duanesburg  the in the county of Schenectedy State aforesaid, and John Titus residing in the same place do hereby certify that we are well acquainted with   David Hillard    who has subscribed and sworn to the above declaration; that we believe him to be Seventy two 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.      Stephen Griffith   John Titus    
Subscribed and sworn the day and year aforesaid }  John S. Vrooman Clerk    
AND THE SAID COURT do hereby declare their opinion after the investigation of the matter, and after putting the interrogatories prescribed by the war department, that the above named applicant was a revolutionary soldier, and served as he states. And the court further certify, that it appears Stephen Griffith who signed the foregoing certificate is a resident of the town of Duanesburgh in said County, and that John Titus who also signed the same, is a resident in the same place, & that they are both credible persons and that their statement is entitled to credit, and the Court further certifies that Joseph Pearce & Samuel Hillard whose depositions are prefixed, cannot be produced in this Court without too much expense & inconvenience         
John S. Vrooman Clerk of the Court of Common Pleas, in and for the county of Schenectady do hereby certify, that the foregoing contains the original proceedings of the said Court in the matter of the application of David Hillard for a pension. In testimony whereof I have hereunto set my hand and seal of office, this twelfth day of October in the year of our Lord one thousand eight hundred and thirty-two John S Vrooman Clerk
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State of Rhode Island, County of Newport  Ss  Reps Court of Probate of Little Compton [unreadable]  July 8th 1833    
Personally appeared before said Court the undersigned Joseph Pearce and Samuel Hillard of the City who being duly sworn and depose and say that they were during the Revolutionary War acquainted with David Hillard an applicant for a pension under the act 7th June 1832. that said David Hillard entered the service of the United States in the army of the revolution on or about the first of December 1776, as nigh as we can recollect & served in Captain James Pearce’s Company of Militia in Colonel John Cooks Regiment of said State for a term exceeding one year, also for a term exceeding  five months in Captain Cornelius Briggs Company in Colonel William Richmond's Regiment of said State, these deponents think in the years 1777 & 1778 and further the said David Hillard served for the term of one year & more, these deponent think in the years 1778 & 1779 in Captain John Davis's Company in the Regiment commanded by Colonel John Cook     Joseph Pearce    
 Samuel Hillard     
Newport Sct State of Rhode Island Court of Probate and [unreadable] of Link Compton legally convened July 8th 1833, personally appeared
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Joseph Pierce & Samuel Hillard of Little Compton in said state and made solemn oath of the foregoing statements with respect to services of Daniel Hillard of ______burgh State of New York by them subscribed.  And the _____certify, then said Joseph Pierce & Samuel Hillard
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N.Y. May 4
Dan Hillard
Act 1832
for increase

J.L. Edwards Esq
Commissioner of Pensions
War Depart
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Application of David Hillard of Duanesburgh N.Y.
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To the Commissioner of Pensions     
Sir:     I receive pay as a pensioner under the act of 7th June 1832, only as a private, whereas I was a Sergeant during the revolutionary war . If this fact is not set forth in my original papers, it is through mistake. I am informed that since my pension was allowed, you have received rolls which examined, I am satisfied you will find my name recorded as a Sergeant. I therefore pray for an increase of my pension, & will furnish through my friend Giles F. Yates any papers additional that may be required. David Hillard Duanesburgh Schenectady Co April 11th 1839     
Sir      In behalf of Mr David Hillard above named, I beg leave to solicit a review of his case. If his papers now on file establish the fact, on which he grounds his application for an increase of pension, or receiving information thereof I will forward his old certificate, if not, a new declaration will be prepared, as you may require G. F. Yates Schenectady N.Y
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Rev War
13392
INVALID
File No. 13392
David Hillard Priv. Rev. War

Act: June 7th 1832
Index:- Vol 1, Page 174
[Arrangement of 1870.]