Revolutionary War Pension and Bounty Land Warrant Application File W. 27713, Darius Howard, Conn. Vt.
Page 1

SERVICE  NUMBER
Conn  Howard, Darius  W.27713
VT  Susan  B.L. Wt. 26030-160-55
CONTENTS

This soldier's widow was former
widow of Asher Warner who
was killed in battle in War of 1812
See papers within
Page 2

New York 28.740
Darius Howard
of Wayne Co in the State of New York
who was a Private in the Company commanded
Captain Latham of the Regt commanded
Col Ledyard in the Connecticut
line for 9 months

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

certificate of Pension issued the 31st day of May
1834 and sent to
Wm Sissons Lyons N.Y.

Arrears to the 4th of March '34 $90.00
Semi-anl. allowance ending Sept 44 15.00
$105.00

Revolutionary Claim,
Act June 7, 1832.
recorded by Sam H Page Clerk
Book E Vol. 4 Page 112


Nathan Leake Jan 15, 46
Page 3


Ct. Troops,
B
Vol H 2 page 60.

72.027 Act March 3/55
June 18/55

Susan Howard
wid of
Darius Howard Sol
Darius Pri
new

Revolutionary war
W. G. Feby 53 -- 5328
-
au :160 ac May 14/56
Boynton

Wm Van Marten
Lyons
N. Y.
Page 4

5328
New York Albany
Susan Howard
widow of Darius Howard
who served in the Revolutionary war,
as a private
Inscribed on the Roll at the rate
of 30 -dollars 80 .
cents per annum, to commence on
the 3d February, 1853.
Certificate of Pension issued
5th day of July 1855
and sent to
Wm Van Master
Lyons N. York
Recorded on Roll of Pensioners under
February 3, 1853 Page 18 Vol.

Reg 3 Mar 55- 172027
Page 5

NY
28740
Susan Howard
Widow of
Darius Howard
for
pension
Act Feby 3,1853
Wm Van Marten
Lyons N.Y
Attorney
Boynton
June 18th 1833
Page 6

State of New York
County of Wayne
On this 11th day of June
1855 personally appeared before me a Justice
of the peace in for Wayne County aforesaid
Susan Howard aged 66 years 14th day of
April last, who being by me duly sworn
according to law declares on her oath as
follows in order to obtain the benefit
of the Act 3 Feby 1853 granting
Pensions to widows of soldiers of the
Revolutionary War; that she is the widow
of Darius Howard deceased who was a
Revolutionary Pensioner; that she
does not remember who was his Captain
in the Revolutionary War; that her
said husband was a pensioner of
the United States, but under what
Act she does not remember; that she
gave his pension certificate to one
Mr. Wade about two years ago. that
she does not know what ever became
of it. that her husband drew $30
per year; that she was married to
said Darius Howard on the -- day  
of August 1816 by Rev Seba Norton
of Sodus, who is now dead; that
her said husband died at Huron
Wayne County New York on the 17th day
of December 1846; that she is now
Widow & has never been married
since. She further states that she
never knew of any public or private
record of her marriage. that she cannot
file his pension certificate for the
reason that she does not know & cannot
Page 7


State what has become of the same
She hereby appoint William Van
Marten of Lyons , her attorney
with power of substitution to prosecute
this her claim for Pension, to receive
the Pension Certificate. And she herby
claims $30 a year from the 3 Feby 1853
under the act of that date. She further
states that she could not ride to Lyons to go
in open court without injury
Susan X Howard  her mark

Sworn to & subscribed before me on the
day & year first above written. And I
hereby certify that I know said Susan
Howard, & have known her for over
__ years; that the said Susan & said
Darius were both well known to me
& both lived in Huron & Sodus aforesaid
& actually cohabited together as husband
& wife & was always called husband &
wife of Each other that I know he
used to draw Pension in his life time
that I have seen his pension certificate
& used to execute his papers to draw pension
upon: that I have no doubt from my
acquaintance with said Darius &
Susan Howard that they were actually
married & that Mrs Howard the said
applicant is a feeble woman and
lives more than 10 miles from
Lyons the County seat of Wayne County that
she is now out of health & in my
opinion entirely unable to ride to
Page 8

she is now out of health & in my
opinion entirely unable to ride to
that during all the time above stated
I have lived near them & knew them
well; that said Howard is not now 
living that I have no interest in this
application as attorney or otherwise
Nathaniel Kellogg
Justice of the Peace [illegible]

State of New York
Wayne County ss
On this 18th day of June 1885
also appeared before & made oath
in due form of law, Philip Marquat &
Louisa Margret who were both by
me sworn say that that they know
said Susan Howard & Knew Darius Howard 
in his life time; that they actually
cohabited together as husband & wife
until his death which happened in 1846
that we never heard the fact of their
marriage & of their being husband & wife
questioned; that said Susan is now the
widow of said Darius Howard, that we
both said her execute the foregoing
Declaration & believe she is the person
she represents herself to be; that her said
husband was the identical man who 
was pensioner as above; that we
saw her make oath hereto in due form
of of law, & that we reside in Huron aforesaid
& have neither of us any interest in this
application for Pension & are not
concerned therein
Louisa Marquat
Philip X Marquat his mark
Page 9

Sworn & subscribed in my presence
&  I certify that both of said witnesses
are known to me & are entitled to credit
as witnesses
Nathaniel Kellogg

State of New York,
Wayne County Clerk's Office, ss. 
I, Clerk of the County Court, in and for the County aforesaid, do hereby
certify that Nathaniel Kellogg whose genuine signature
appears to the annexed Jurat & Certificate is 
and was at the time of signing the same, a Justice of the Peace, in and
for the County and State aforesaid; duly elected and sworn, that all his
official acts as such are entitled to full faith and credit; and that the
aforesaid County Court is a Court of record, having general jurisdiction.
Given under my Hand and Seal of Office (the seal of said Court and County,) at Lyons,
this 13 day of June 1855.
Lyman Lyon [illegible] Clerk

NY
28740
Susan Howard
Widow of
Darius Howard for Pension
Act Feb 2, 1853

Wm Van Marten
Lyons NY 
Attorney

Boynton June 18th 1833
Page 10

172.027
Susan Howard
for
Bounty Land
Wm Van Marten
Lyons NY
Attorney
Page 11

STATE OF NEW YORK,
COUNTY OF Wayne
On this 11th day of June A.D. 1855 personally appeared before me
a Justice of the peace in and for the County and State aforesaid, duly authorized to administer oaths within
said County and State aforesaid, Susan Howard, aged 67 years, a resident of
said County and State widow of Asher Warner first husband, now widow of Darius
Howard decd who being duly sworn according to law, declares that she is the identical Susan Howard who is
the widow of Darius Howard deceased who was a Revolutionary soldier
& Pensioner at the rate of of thirty dollars per year
that said Darius Howard drew a Pension 
to the time of his death: that after his death within two years past she
delivered the Pension Certificate to me Mr Wade then of Rose, now
deceased, in which to apply for & draw a pension for her; that she was
never heard what became of said paper;

That her said husband died at Sodus, on the 17 day of December 1846 and that she is still
a widow. That she was married to said Darius Howard at Sodus in  August
1816 by minister Rev Wm Norton, that she never received a marriage certificate, nor does she know of any record of said marriage.
that her name before said marriage

No. -- that her husband never applied for or received any Land Warrant from the U. S. Government for said service, and never served except as above stated & that she never before applied for a Land Warrant for said service
She makes this Declaration to obtain 160 acres of land to which she claims to be entitled under existing laws of the United States, and appoints WILLIAM VAN MARTER, of Lyons, N. Y. her Attorney therefor and revokes all former powers of Attorney
for this purpose made.
Susan X Howard her mark
Two Witnesses.
Philip X Marquat his mark
Louisa Marquat

Sworn to and subscribed before me the day and year above written. And I certify that I believe said Susan
Howard to be the identical person in this declaration named -- and that she is the widow of the above named Darius Howard and that I am not in any way concerned in this application of said he said Susan 
Howard for Bounty Land, nor am I interested in its prosecution.
Nathaniel Kellogg Justice of the Peace.

STATE OF NEW YORK.
COUNTY OF Wayne SS:
Philip Marquat & Louisa Marquat
of Huron NY, being each for himself  separately
sworn, doth each for himself say that he is a resident of Huron NY in said State and that they know said
Susan Howard to be the identical person in said Declaration described; that they saw her subscribe
and make oath to the same; that we at the same time subscribed thereto our names as witnesses, and that we have neither of us any interest in the prosecution hereof, nor are we either of us concerned therein. That we each of us personally know said Susan Howard and have known her for years last past; that she is now unmarried, that she actually cohabited with said Darius Howard her said husband, and was received into respectable society as the wife of the said Darius Howard and was always called his wife; and the fact that she was his wife was never questioned. that said
Darius Howard is dead and she is his widow; that we have always been
intimate with said Howard & said Susan & know that he received from the United States
til his death a pension as Revolutionary soldier, & have seen said pension certificate
that we lived in the vicinity and neighborhood of said Susan Howard and her husband,
and know the facts of which we speak & know said certificate was given to said Wade
as described by said Susan Howard
Philip X Marquat his mark
Louisa Marquet
Subscribed and sworn this 11 day of June 
1855. And I certify that
each of said subscribing witnesses are known 
to me; that they are each person of good
character and entitled to credit as witnesses.
Witnesses names
Nathaniel Kellogg 
Justice of the Peace of said County,
Page 12

STATE OF NEW YORK,
COUNTY OF Wayne
On this 11th day of June A.D. 1855 personally appeared before me
a Justice of the peace in and for the County and State aforesaid, duly authorized to administer oaths within
said County and State aforesaid, Susan Howard, aged 67 years, a resident of
said County and State widow of Asher Warner first husband, now widow of Darius
Howard decd who being duly sworn according to law, declares that she is the identical Susan Howard who is
the widow of Darius Howard deceased who was a Revolutionary soldier
& Pensioner at the rate of of thirty dollars per year
that said Darius Howard drew a Pension
to the time of his death: that after his death within two years past she
delivered the Pension Certificate to me Mr Wade then of Rose, now
deceased, in which to apply for & draw a pension for her; that she was
never heard what became of said paper;

That her said husband died at Sodus, on the 17 day of December 1846 and that she is still
a widow. That she was married to said Darius Howard at Sodus in August
1816 by minister Rev Wm Norton, that she never received a marriage certificate, nor does she know of any record of said marriage.
that her name before said marriage

No. -- that her husband never applied for or received any Land Warrant from the U. S. Government for said service, and never served except as above stated & that she never before applied for a Land Warrant for said service
She makes this Declaration to obtain 160 acres of land to which she claims to be entitled under existing laws of the United States, and appoints WILLIAM VAN MARTER, of Lyons, N. Y. her Attorney therefor and revokes all former powers of Attorney
for this purpose made.
Susan X Howard her mark
Two Witnesses.
Philip X Marquat his mark
Louisa Marquat

Sworn to and subscribed before me the day and year above written. And I certify that I believe said Susan
Howard to be the identical person in this declaration named -- and that she is the widow of the above named Darius Howard and that I am not in any way concerned in this application of said he said Susan
Howard for Bounty Land, nor am I interested in its prosecution.
Nathaniel Kellogg Justice of the Peace.

STATE OF NEW YORK.
COUNTY OF Wayne SS:
Philip Marquat & Louisa Marquat
of Huron NY, being each for himself separately
sworn, doth each for himself say that he is a resident of Huron NY in said State and that they know said
Susan Howard to be the identical person in said Declaration described; that they saw her subscribe
and make oath to the same; that we at the same time subscribed thereto our names as witnesses, and that we have neither of us any interest in the prosecution hereof, nor are we either of us concerned therein. That we each of us personally know said Susan Howard and have known her for years last past; that she is now unmarried, that she actually cohabited with said Darius Howard her said husband, and was received into respectable society as the wife of the said Darius Howard and was always called his wife; and the fact that she was his wife was never questioned. that said
Darius Howard is dead and she is his widow; that we have always been
intimate with said Howard & said Susan & know that he received from the United States
til his death a pension as Revolutionary soldier, & have seen said pension certificate
that we lived in the vicinity and neighborhood of said Susan Howard and her husband,
and know the facts of which we speak & know said certificate was given to said Wade
as described by said Susan Howard
Philip X Marquat his mark

State of New York, 
Wayne County Clerk's Office.
Clerk of the County Court, in and for the County aforesaid, do hereby 
certify, that Nathaniel Kellogg whose genuine signature
appears to the annexed Jurat & C is
and was at the time of signing the same, a Justice of the Peace in and
for the County and State aforesaid, duly elected and sworn, that all his
official acts as such are entitled to full faith and credit; and that the
aforesaid County Court is a Court of record, having general jurisdiction.
Given under my Hand and Seal of Office (the seal of said Court and County,) at Lyons,
this 15 day of June 1855.
Lyman Lyon Delo Clerk.
Page 13

14676
Darius Howard
Admitted
Private 9 months
-
.
Wm Sisson Lyons
Agent
Page 14

State of New York
Wayne County
on the second  day of October 1833
Personally appeared in Open Court before the Court of Common Pleas, for
said County of Wayne, now sitting Darius Howard a
resident of the Town of Port Bay in the County of Wayne and
State of New York, aged Sixty Six 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 states-- firstly in the month of
September 1780. He enlisted a private in Capt William Latham
Company of Connecticut State Troops in Col Ledyards Regiment
and Served Six month at Fort Griswold in Connecticut doing the
duty of a soldier as was required of him for said Term of six months
at the expiration of which he was verbally discharge by his Captain Latham
and returned Home. - That he again entered service in the year 1781
a private and substitute for Levi Bissel (does not recalled the Captains
Name) in the Regiment commanded by Col Hezekiah Willis of
Connecticut Militia and served three Month at New London
and its vicinity-- This principal duty during this Term of service was
doing the duty of Guards, - was verbally discharged at Pankatonick
by Col Willis and returned home - that in the year 1782 he 
again entered the service a private and substitute for Samuel Lane
in Capt Charles Nelsons Company of New Hampshire Militia in
Col White Regiment and Served Six months, at Corinth, in
the State of Vermont assisted in building a fortification at that
place, was out with several scouting this in pursuit of the
Indians and Tories at the end of this Term of service. He was
discharged verbally by Col White, and returned home, in the month
of December 1782 - That he was born in the year 1765 in the Town
of Hebron in the County of Tolland in the State of Connecticut, at
which place he resided when he entered his first campaine
and also his second campaine. That before his last term of
Service under Capt White he removed to Lyme, in the State of
New Hampshire, where he resided at the time he entered service
under Capt Nelson that he has no documentary evidence
and knows of no person now living whose testimony he can
procure who can testify to his service 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

To the interrogatories required by the Regulation of the War
And the Court further certifies that it appears to
Page 15

Department, to be propounded by the Court to him, he
the said Darius Howard, answers as follows
To the first interrogatory, he answers as follows, that
he was born in the town of Hebron Tolland County &
State of Connecticut in the year 1765.
to the second Interrogatory, he answers that he has no
record of his age. he has understood from his father and
mother that his age, or time of his birth, was entered on the town
Records of Hebron aforesaid
to the third interrogatory, he answers that when he
was called into service the two first times he was
living in Hebron aforesaid and the time, in the town of
Lyme in the State of New Hampshire- that since
the Revolutionary War, he has lived in the town of
Lyme in said State of New Hampshire & did live there
until about the year 1807. when he removed from
thence to the town of Aurelius in the County of
Cayuga and State of New York where he lived Eight
or nine years, and then moved into the town of
Port Bay in the County of Wayne and State of New York
this town was then called Wolcott & was in the
County of Seneca, but the part of the old town of
Wolcott, where he lived has been erected into the said town of
Port Bay aforesaid. and that he now lives in
said town of Port Bay, County of Wayne & State 
of New York.
the fourth interrogatory, he answers, that he 
enlisted the first term of service the second he went as
substitute for Levi Bissell and the third term he
went as a substitute for Samuel Lane.
To the fifth interrogatory he answers that he recollects
Col. Ledyard, & Majr Ledygard, were at Fort Griswold 
when he served there but believes they were
not officers of the regular Army - and does not
recollect any troops but the regiment he belong
to during his first term of service - that
in his third term of service he recollects Lieutenants
Carrier, York and Pippin, & they belonged
to the regiment he served in commanded by
White and he does not recollect of there being
any other Troops but his own regiment that 
during his second term of service, he does not recollect
any officers except for White there were two other
Regiments he believes, where he was during this service
Page 16

any officers except For White's - there were two other
Regiments he believes, where he was during this service
or a part of it
to the sixth interrogatory, he answers, that he never
had any written discharge from service
to the seventh interrogatory he answers, and states
the names of Benjamin York, John York, Andrew
Sebring, Joseph Sebring, David Segar, Braddock
Davis, Joseph Lockwood and John Stewart, to whom
he is known in his present neighborhood and who
can testify to his character for veracity, and their
belief of his services as a soldier of the revolution
Darius Howard
Sworn to and subscribed the 
day and year aforesaid
In open Court John L. Cuyler Clerk

We William Clark a Clergyman, residing in the 
town of Port Bay in the County of Wayne and State of
New York, and James York residing in the town of
Port Bay County and State aforesaid, do hereby certify
that we are well acquainted with Darius Howard
who has subscribed and sworn to the above
declaration; that we believe him to be sixty seven
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
William Clark 
James York
Sworn and subscribed the
day and year aforesaid
in open court. John L. Cuyler 

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 testifies that it appears to
Page 17

them that William Clark who has signed the
preceding certificate is a clergyman resident in
the town of Port Bay in the County of Wayne and
State of New York and that James York who has
also signed the same is a resident in the town of
Port Bay in the County and State aforesaid and
is a credible person, and that their statement
is entitled to credit.

I, John L. Cuyler Clerk of the Court of Common Pleas of the
County of Wayne and State of New York do hereby certify that the
foregoing contains the original proceedings of the said Court
in the matter of the application of Darius Howard for
a pension
In Testimony whereof I have hereunto set
my hand and affixed the Seal of said
office this second day of October in
the year of our Lord one Thousand Eight
Hundred & Thirty-two
John L Cuyler Clerk

14676
Darius Howard
Admitted
Private 9 months
Wm Sisson. Lyons 
Agent
Page 18

Susan Howard
Widow Darius
Howard Rev Soldier
Pri

Pension
Act Feby 3. 1853
Additional Proof
Wm Van Marter
Lyons NY
Atty
Page 19

State of New York
Wayne County ss
On this 27th day of June
1855 personally appeared before me a
justice of the peace in for said County. Isaac
Lawrence Aged Sixty nine years and a resident of
Sodus Wayne County New York, who being
by me duly sworn according to law doth on
his oath declare that he has lived in Sodus
aforesaid for forty years last past: that he knew
Darius Howard deceased in his life time & knew
his widow Susan Howard & now knows her that
before she married him, she was the reputed
widow of Asher Warner deceased. 

{this section crossed out}
that deponent was present at the the said Darius
Howard was married to said Asher Homer
that he was married by the Reverend St
Norton who was a Clergyman
that deponent and said Darius Howard
married to said Susan Homer, 
{crossed out section ends}

& knows
that they actually cohabited together as
such husband & wife till said Howard died.
that he does not remember the precise time they
were married but thinks it was some time in
the year 1816, 1817, or 1818
And deponent further says that said
Darius Howard is the same Darius Howard
who was a revolutionary Pensioner at the
time of his death: and that deponent has no
interest in this application for Pension is
not concerned therein
Isaac Lawrence
Witness
A M Knapp
B.C. Knapp
Subscribed & sworn before me the day & year
above written. And I certify that I have
Page 20

No interest in this application for Pension
& am not concerned therein. Also that I have
known said Isaac Lawrence for forty years
last past: that he is entitled to full credit
as a witness. Also that I knew said Darius
Howard & his said wife Susan Howard: that
she has always been reputed to be his lawful
wife & lived with him as such: That they
had several children while so living together
with whom I was, & am at this time well acquainted
H. M. Knapp
Justice of the Peace in
& for Wayne County
State of New York
Wayne County Clerk's Office

[form largely covered by preceding txt]
In Witness Whereof, I have hereunto set my hand, and affixed
{end of form}

Susan Howard
Widow Darius
for
Pension
Act Feb 3,1853

Additional Proof
Wm Van Marter
Lyons NY
Atty
Page 21

No interest in this application for Pension
& am not concerned therein. Also that I have
known said Isaac Lawrence for forty years
last past: that he is entitled to full credit
as a witness. Also that I knew said Darius
Howard & his said wife Susan Howard: that
she has always been reputed to be his lawful
wife & lived with him as such: That they
had several children while so living together
with whom I was, & am at this time well acquainted
H. M. Knapp
Justice of the Peace in
& for Wayne County

State of New York
Wayne County Clerk's Office
I, Clerk of said County, and of the Court of Record thereof 
hereby certify that J.M. Knapp Esq
whose genuine signature appears to the annexed Jurat & certificate---
was at the time of signing the same a
Justice of the Peace, in and for said County, duly authorised to take the same ; that I am well acquainted with his hand writing, and verily believe his
signature subscribed to the Jurat & certificate to
be genuine. 
In Witness Whereof, I have hereunto set my hand, and affixed the seal of the said county, and of the Courts
thereof, this 27th day of June, 1855.
Lyman Lym Dep CLERK.


Susan Howard
Widow Darius
for
Pension
Act Feb 3,1853

Additional Proof
Wm Van Marter
Lyons NY
Atty
Page 22

Susan Howard
Late Widow
of
Asher Warner decd
Pension Act Feby 1833
Husband killed
in Battle
in War 1812
---
Declaration under
Act of 1855 for Land
No 225.718, 19 & 20 -
also Rev Pension cases-
Wm Van Marter
Lyons N.Y.
Atty
Page 23

State of New York
Wayne County ss On this 8th day of September
AD. 1855 personally appeared before me a just
of the peace in for Wayne County aforesaid
James Edwards Esq. to me well known, & whom
I certify to be a highly respectable citizen of
Sodus Wayne County aforesaid who being by me
duly sworn according to law declares that he is
the identical James Edwards who was a private
under command of Captain Elias Hull in the
war with Great Britain of 1812 &c, & was under
his immediate command as such private at the
invasion & burning of Sodus Point by the British
in June 1813; that he was also in the battle
between our troops & the enemy at Sodus Point
bore arms thence that he then lived in Sodus
aforesaid & had lived there for three years before said
battle; that said battle was in the night time:
that the company engaged in the battle consisted
of about 60 persons who were collected together
from other companies, which had been discharged
on the morning of the invasion, & of the battle, from
among the citizens of the place & vicinity; that 
deponent well remember Asher Warner, who was
also one of said company so collected together, & who
was a member of the militia, but he thinks not,
before that a member of said Hulls company that
said Warner, was in said battle, & bore arms, & was
also under the command of said Captain Hull.
that deponent stood within about 18 feet of said
Asher Warner when he was killed; that he was
struck by a musket ball in the breast or near that
which passed through his body and which produced
his death; that said Warner fell immediately
& was soon carried to a house near by, where
he died in about 10 or 12 hours thereafter that
deponent was well acquainted with said Asher
Warner, who lived near deponent in said Town of
Page 24

Sodus; that said Warner then lived in Sodus
aforesaid and had two children to deponents knowledge
one of which deponent thinks was a son by her by her the second wife of Warner
named Jonathan Warner lived
good many years thereafter in Sodus aforesaid
& always passed by the name of Warner that he
afterwards moved to Youngstown Ohio: that deponent 
knew Mrs Warner, the reputed wife
of said Asher & the mother of said children; that
for the three years previous to said battle, said
Asher Warner live & cohabited with Mrs Susan
Warner, now Susan Howard, as his wife
they were received into society as husband &
wife; that deponent never heard the fact of
the marriage ever quested & has no doubt
but they were actually married; that said Susan
Warner, was a Daughter of one Davis
that after the death of said Warner she
lived in Sodus aforesaid & within about two
miles of deponent for 4 or 5 years, & was called
the widow of said Warner; that she then married
Darius Howard a Revolutionary soldier; that she
lived & cohabited with said Howard till his death
that said Howard is dead: that she is now
the widow of said Howard: that deponent has
no doubt but she was the widow of said Warner
that deponent has no interest in this application
is not of kin to said Susan Howard, or Either
of her said husbands
James Edwards

Alexander Tenan
Wm D. Perrine

Subscribed & Sworn before me this day & year
above written. And I hereby certify that I
have seen James Edwards Esq for over 35
years; that he is one of the most respectable
Page 25

reputable Citizens of the time of Soders
that he has held in & Conty officers half
of the time for the last 25 years; that he is
now vigorous & has a good memory that
there is no doubt but he speaks as above
from a clear & distinct recollection that
I have no doubt of it from hearing him
converse on the subject: that I well remember
Mrs Susan Warner as she was called
till she married Darius Howard
I have never heard a question raised
but she was the lawful wife of said
Warner & I certify that I have
interest in this claim for pension
and not concerned therein
before me this
W.L. Perrine justice of the peace
Wayne Co.
Page 26

I certify that I have known Susan Howard for
at least thirty five years and know that she has always
been reputed to be the Widow of Asher Warner Deceased
who was formerly a resident of Phelps Ontario
County New York which was my native place of
residence and I further certify that I have known
the Warner Family from my earliest recollection
and have the distinct recollection of having my
Parents Speak of the said Asher Warner being
Killed at Sodus Point as stated by Mrs Howard
in her declaration
[illegible] Decr 5.1855  CB Collins JP
Page 27

State of New York
Wayne County ss On this fifth day of December
A.D. 1855, personally appeared before me
a Justice of the Court of Sessions which
is a Court of Record in & for Wayne County,
Susan Howard, who is to me well known as
the widow of Darius Howard late of the
town of Rose deceased, & who is also known
to me to be the reputed widow of Asher Warner
deceased, who was killed in Battle at Sodus
Point in June 1813, who being by me first
duly sworn doth on her oath make the following 
declaration in order to obtain the benefit
of the Act of February 3, 1853, giving five years
half pay to the widows of soldiers killed in
the service of the United States in the war of
1812 &c.
she declares that she is the widow
of Asher Warner deceased, who was a private
in Captain Elias Halls Company at the
landing of the British in June 1813 & in the
battle that took place at Sodus Point at that
time; that she believes her husband did not
belong to said Hulls company, except on the
occasion of the battle, when he was mustered 
therein & fought as a soldier & was killed in
said battle as is stated in the affidavits of
James Edwards Eng, Lyman Deming, William
Danforth, [illegible] Green, & Captain Hull
on file in the pension office in support of the
claims of Huldah Bancroft & declarant
for Pension, & the claims of said Dunning. 
Danforth, & Robert A Paddock & Eleanor Van
Wickle & others for Bounty Land under the act 
of March 3, 1855. to which she refers warner
that she was married to said Asher Warner
Page 28

by [illegible] Hathaway in the town of Sodus
Wayne County aforesaid on or about the first
day of February 1809: that her name
before her said marriage was Susan Davis
that after his death she married Darius
Howard her last husband, as stated by her in
her application for Pension as the widow of
said Howard, now on file. & to which she
refers if necessary; that she is now or
widow & has continued a widow since
the death of said Howard
That she has no public or private Record
of her marriage to said Warner; & that she
does not know of a single living witness
by whom she can prove her marriage to
said Asher Warner.
That she had by said Asher Warner
before his death two children: that there
are living of them one as follows: Hannah
Seger  who lives in the State of New York
and is now aged forty four years; that the
was born on the 16 day of July 1811
[this section Xed out]
that there is also living who is also a child of her's by said
Warner; that said last mentioned child
was born on the day of
[end Xed out section]
that she had by said Warner two children
in all, one of which died at the age of four years
that said Warner had one child Jonathan
by a former wife who now lives in Ohio.
that these named are all he had by him
that in 1850 or 1851 at the request of D.W.
Parshall Esq. she applied for Bounty Land
as the widow of Asher Warner aforesaid &
on such application she is informed and
Page 29

believes it to be true she signed her name
as the widow of Asher Warner, although
she does not recollect that she so signed
that at the time she so made such application
she was their as now the widow of said
Darius Howard, that if she so signed her
name as "Susan Warner", she did at
the request & under the direction of said
Parshall who is a Lawyer by Profession
& that whatever she did in relation thereto
she verily believes was done property, & she then
thought & still think Mr Parshall supposed
it to be proper. she states that she is aged sixty six years

She hereby applies for five years half pay
as the widow of said Asher Warner, & claims
that the same should commence on the 3rd
day of February 1853, and she hereby appoints
Wm Van Marter Esqr of Lyons her attorney
to procure said Pension & receive the
Certificate when issued 
Susan X Howard her mark
witness David Seger
George M. Sherman

Sworn to & subscribed before me the day & year
above written. And I certify that I know the
said Susan Howard, & that I believe from reports
& from my knowledge of her & of her character, that she
is the widow of said Asher Warner, & that she is of the
age above stated, & further that I am not interested 
in this her claim as attorney or otherwise
and I further certify that I think Mrs Howard is
unable from age & bodily infirmity to ride to Lyons
to make this application in open Court, and I certify
that from infirmity of age she is unable to write her name
C. B. Collins Justice of the
Sessions of Wayne County
Page 30

State of New York
Wayne County Ss 
On the 8th day of December
A.D. 1855, before me at the same time & place
of making the foregoing Declaration by the
declarant, personally appeared David Seger
and George M. Shannon who are to me well
known & whom I certify to be respectable &
entitled to credit, who reside in Rose aforesaid
who are aged 46 and 50 years; who being by me
duly sworn according to law declare that
they are aged 46 and 50 years; that they have
known said Susan Howard one for twenty nine
years & the other for twenty five years last past
that they have always heard her called &
she was always uniformly reputed to be the
Widow of Asher Warner deceased, who we have
always been informed & believe true was killed
in battle at Sodus Point; that she has always
within our recollection been known throughout
the whole town & vicinity as the widow of said
Warner, that we never heard the fact doubted
or disputed but she was his wife, that
we each saw her sign & make oath to the
foregoing Declaration & we have no doubt
but she is the widow of said Asher Warner
who was killed in battle as aforesaid; that she
is now a widow, & further that we have no
interest in this claim for Pension
David Seger
George M Shannon
C. B. Collins Justice Sessions of
Wayne County,
Page 31

State of New York,
Wayne County Clerk's Office ss. I, Clerk of the County Court, in and for the County aforesaid, do
hereby certify, that W. D. Perrine & C.B. Collins whose genuine signature
appears to the annexed Jurat & certificates
are and were at the time of signing the same, Justices of the Peace in and
for the County and State aforesaid, duly elected and sworn; that all their 
official acts as such are entitled to full faith and credit; and that the
aforesaid County Court is a Court of records, having general jurisdiction.
Given under my Hand and Seal of Office (the seal of said Court and County), at Lyons, this 17th
day of December 1855.Lyman Lyon Dep. Clerk
---

Dr Sir,
Mrs Susan Howard a stranger
to me came to my office in 1850, I think, & wished
to apply for Bounty Land in right of her husband Asher
Warner deceased, who it was alleged was killed in the
battle at Sodus Point in June 1813. I drew the application
for her not knowing that she was then the widow Howard &
calling her Susan Warner, 
My misimpression is that I did not know
Dec 18, 1855-
Page 32

State of New York,
Wayne County Clerk's Office ,
ss. I, Clerk of the County Court, in and for the County aforesaid, do
hereby certify, that W. D. Perrin & C. R. Collins whose genuine
nature and
[obscured by fold]
Samuel Cole Esg
Chief Clerk Pension

Dr Sir,
Mrs Susan Howard a stranger
to me came to my office in 1850, I think, & wished
to apply for Bounty Land in right of her husband Asher
Warner deceased, who it was alleged was killed in the
battle at Sodus Point in June 1813. I drew the application
for her not knowing that she was then the widow Howard &
calling her Susan Warner,
My misimpression is that I did not know
Dec 18, 1855-
Page 33

Rev. and 1812
Wars Section
AWF HAD

December 2, 1929.
Mr. Willis E. Howard
231 North Hope Street
Los Angeles
California.

Dear Sir:
I advise you from the papers in the Revolutionary War pension
claim, W. 27713, it appears that Darius Howard was born June 11,
1765 in Hebron, Tolland County, Connecticut.

While residing in said Hebron he enlisted and served as a
private with the Connecticut Troops as follows:

From in September 1780 six months in Captain William
Latham's Company under Colonel Ledyard; in 1781 three months under
Colonel Hezekiah Wyllys.

While residing in Lyme, New Hampshire, he enlisted in 1782
and served six months as a private in Captain Charles Nelson's Company
Colonel Wait's Vermont Regiment and was out in several scouting
parties in pursuit of Indians and Tories.

He was allowed pension on his application executed October 2, 1832,
at which time he was living at Port Bay, Wayne County, New York

He died December 17, 1846 in Huron, Wayne County, New York.

The soldier married in August 1816, at Sodus, New York,
Susan, the widow of Asher Warner. Her maiden name was Davis and she
was born April 14, 1789.

She was allowed pension on her application executed June
11, 1855, at which time she was living in Wayne County, New York.

It is stated that they had several children -- names not
given.
Page 34

It also appears in said claim that the above mentioned Asher
Warner was killed at the battle of Sodus Point in June 1813.

He married February 1, 1809 in Sodus, New York, the above
named Susan. She stated that she had, by Asher Warner, two children,
one who died at the age of four years, and Hannah who was born July
16, 1811, and in 1855 is referred to as Hannah Seger.

It is also stated that Asher Warner had a son Jonathan by
a former wife. Her name is not given.

Very truly yours,
EARL D. CHURCH
Commissioner.
Page 35

Rvy WIDOW, &c.
File No. 27.713
Susan Howard
Wid
Darius Howard
Pri Rev War
---
Act: Feb 3 1853
Index: -- Vol. --- Page 353
{Arrangement of 1870.]

1929 Dec 2 Hist to Willis E Howard Esq
Page 36

26.030

[illegible]
Page 37

New York
Revol
Darius Howard
Suspended
see Letter to
William Sisson
8 August 33
See letter to Same
24 March 1834
-
Act 7 Jun 1832
Page 38

5812
Susan Howard
Widow of Darius
New York

[crossed out]
Wm Van Marter June 20 1855
[end crossed out]
3 feby 1853
Page 39

2179  Act feby 3 1853
N York
August 13 1860
Susan Howard widow
Asher Warner Pri.
Capt Elias Hull
Married July 1 1809
Ny  NY MIL

War 1812
killed in battle Soders Point
letter Aug 28th 1860 Vol 4 Page 390 Jamison
P.M Henry
Present

Capt Elias Hull

[illegible]

Cap. Jno Holcomb NY
409
317
[illegible]
Page 40

FREE
Commissioner of Pensions
Washington DC
Susan Howard
Darius -- NY - sus 1853

Triplett
June 30 183-
Page 41

application under
1st Sec Act Feb 3/53-
is the widow of Asher
Warner decd, a soldier
of the War of 1812.
Having made her 
declaration and taken 
pension in right of her
first husband has
no right to change
now See letter to W.
Van Marter Lyons
N.Y. April 30 /56
Page 42

Lyons Jany, 10/1856
Hon J. Minot
Dr Sir
Enclosed
you will find Declaration
of Susan Kramer for Pension
under act Feby 3. 1803- she will
relinquish her pension as the widow
of Darius Howard & payback 
what she has now
In her affit, you will see reference to
Declaration of Lyman Denning, & other for
Bounty Land under act 1855, They are No
225.718.19. & 20- also to the Declarations
of Huldah Bancroft widow Thaddeus
Bancroft Rev Pensioner & to her former
one for Darius Howard-
In those cases you with said affidavits
of various persons confirmatory of what
is herein stated,
Your &
Wm Van Marter
Page 43

Isaac Lawrence
AW Knapp  W
Nath Kellogg
Philip & Louisa Marquat
17 Dec 1845
Page 44

Lyons June 27, 1855
Hon Sir
your Letter asking
if we could not furnish
poof of the marriage by a
living witness, & if we had
no record of Birth of children
in the Mrs Howard Rev Pension
case, was not in due time
there is no record of marriage, or
birth of children - Mr Lawrence
the widow says, was present at
the wedding, & that he is the only
one alive - He has forgotten
it. I send the best evidence
in our power
Are proof of both of children
the & Marg. indispensable in this
case, & the case of Mrs Van Auken
Rev Widow Clamant? phase answer
Yours Truly
Wm Van Marter
Page 45

Darius Howard
paid 4 Sept. 1846
July 3/55  Robt J Atkinson 
Auditor
Page 46

Pen off July 2 1855
Sir
Please inform me when Darius Howard of NY Act 1832 $30 a year was last paid
Very Respectfully
S. Cole

RJ Atkinson Esq
S Austin
Triplett  [illegible]
Page 47

Pension Act Feby 3, 1853
War of 1812 - 1st section
Susan Howard wid of
Asher Warner died
N.Y. Mill war of 1812
Killed in Battle
This woman is now a pensioner
at $30. per annum as the
widow of Darius Howard
but she is also the widow of
Asher Warner who was a
N.Y. Militiaman & who was
killed in Battle in the war
of 1812. she wishes to commute
her pension for $48 per anum
under the act of Feby 3, 1853,
as she was ignorant of the 1st
section of the act at the time
she applied
Very respectfully

P.M. Henry
Present

June 5/60
Page 48

Pension Office
April 30 1856
Sir, 
In answer to your letter enclosing the declaration 
of Susan Howard widow of Darius Howard
deceased who served in the revolutionary war, as a
private - and also formerly the widow of Asher
Warner deed as alleged soldier of the War of 1812.
and who was killed in battle-- proposing to relinquish
the pension- she is now receiving as the
widow of the first husband - and taking in her
thereof the benefits of Sec. Act of Feby 3 1853-in
right of her second husband. I have to say-that
upon the presumption - that at the time she made
application for and received the pension in right of
her first husband - her right to claim in the right
of her second husband was equally complete, and
she having made her election - and taken the
pension due to her in the right of her first husband
she is now estopped from making any charge
of that Election. The papers presented by you
Page 49

Susan Howard
Widow
for Pemsion for Warner
Ap. 30, 1856
Denied

Cant this woman
commute her pension
according to [illegible]
of office
in as much as she
was  ignorant of
her right to pension
for 1812 husband!

William Van Marter

Lyons NY
Page 50

Susan Howard
Widow
for Pemsion for Warner
Ap. 30, 1856
Denied

Cant this woman
commute her pension
according to [illegible]
of office
in as much as she
was ignorant of
her right to pension
for 1812 husband!

in support of the last claim are retained and will be filed with the record of her claim as a pensioner as the widow of Darius Howard
Very respectfully
[illegible]
Commissioners
William Van Marter

Lyons NY
Page 51

Half pay pension claim
no.2179
Treasury Department
3rd Auditors Office
Aug 25, 1860

Sir,

The name of "Asher Warner" 
does not appear on the roles of Capt. 
Elias Hull or John Holcomb's Co. of
N.Y. Mil: on file in this office.
[illegible]
R J Atkinson
Aud

Geo C Whiting esq
Comm of Pensions
Page 52

Half pay Pens Claim,
No 217 9
Treasury Department
3d Auditors office
Aug 14 1844
Sir,
the name of Asher Warner
is not borne on the Rolls of Capt Elias Hull's
Co. of New York Militia, on file in this
Office.
Very Respectfully
[illegible]
Aud
Geo C Whiting
Com of Pens
James
Page 53

Wm Van Marter
June 20/55
Page 54

Pension Office
June 20 1855
The application of Susan Howard widow of Darius
of New York has been examined and filed under the
act of Feby 3 1853.
Has she no private record of the births of her children
If she can furnish no record of the fact of Marriage
are there no witnesses who saw the Ceremony
of marriage performed
William Van Marter Esq
Lyons NY
1853
Page 55

Lyons NY  Free
May 14
James L Edwards
War Department
Pension Office
Washington City
Page 56

J.L. Edwards Esq
Dear sir
Your letter inclosing Darius Howard
pension papers, with only one objection noted in
the Brief of objections accompanying the same &
that was to objection XVI "are the papers 
authenticated as the regulations direct?" marked "No"
in red ink - I now return to you the papers
with that objection corrected & obviated - and trust
you will soon send to me his certificate
entitling him to a pension as claimed in his
papers-
I am anxious to hear from the other
cases which I sent to you. The old fellows are
very anxious to learn the result of their applications

I am respectfully
yr. Obt Sert
Wm Sisson
Lyons NY May 13, 1833
Page 57

Brief in the case of Susan Howard widow of Darius
Wayne County and State of New York
act 3 Feby 1853
Claim, (original,)
Proof exhibited, (if original.)
Is it documentary, traditionary, or supported by rolls? If either, state the substance.
Her husband was pensioned under the act of June 7 1832
at $30 a year (service proved in his papers)
Marriage, identity as the widow of the pensioner
his death & her present widowhood proved by Isaac
Lawrence AM Knapp, Nathl Kellogg, Philip Marquat,
and Louisa Marquat properly certified

Name and residence of Agent
Wm Vanmarter Esq
Lyons NY
Thomson Triplett
Examining Clerk.
Page 58

Susan Howard
Widow of Darius
Wayne Co New York
admd Feby 3 1853
9 mos pri $30
per annum from
3 Feby 1853
Cert to
Wm Van Marter Esq
Lyons
NY
Page 59

State of New York
County of Wayne ⎬ ss: Personally appeared before me, the undersigned
, First Judge of the County Courts of the County of Wayne
aforesaid, Darius Howard, who being by me duly sworn, deposeth
and saith, that he resides in the town of Port Bay in
the County and State aforesaid, and has resided there for upwards
of sixteen years last past - that in the month of October last
(1832), he made a declaration and application in open court
before the Court of Common Pleas in and for the County of
Wayne aforesaid, for a Pension under the act of Congress, of
June 7, 1832, entitled, "An act supplementary to the
act for the relief of certain surviving officers and soldiers
of the Revolution," that he employed William Sisson Esq. of
Lyons, as his agent to forward his papers to the War Department 
& procure a certificate for him - that his said agent has
shown to him, this deponent a letter, he has lately received
from J. L. Edwards, of the Pension office, in which it is said,
It appears that at the time he first enlisted he was but fourteen
years of age. Until he arrived at the age of 16, he was
not liable to, nor could he be considered capable, of the
performance of military duty, unless it be clearly shown
that there were circumstances in this case making it
an exception to the general rule, the claim must be rejected
The papers remain on file. -  This deponent further deposeth
and saith, that he was born on the Eleventh day
of June in the year 1765 at Hebron in the State of
Connecticut and enlisted for six months at the same
town, in the month of September in the year
1780, as stated in his said declaration - that at the
time of his said enlistment he was not only more than
fourteen years of age, but, that he was fifteen
years of age the 11th June 1780, prior to his said enlistment 
in September of that year - that at the time of
commencing his three months, service as substitute
Page 60

for Levi Bissell in the year 1781, and which was
shortly after New London was burned by the
British Troops under General Arnold, in
the month of September of that year, as
stated in his said declaration, he was sixteen
years of age, and had then been in his seventeenth
year from the 11th June of that year - that
when he commenced his service of six months as
substitute for Samuel Lane in the year 1782
as stated in his said declaration, he was then
seventeen years of age, or upwards, that he
distinctly recollects, his age at the several times
of entering the service, to be as herein stated that
this deponent claims a pension for fifteen
months services, as a private, as
Stated in his said declaration, and that
he rendered the services therein stated that
he knows of no witness by whom he
can prove the said services or any of them
and the said deponent further deposeth
and saith, that at the time he first enlisted
there was great difficulty in procuring recruits and
there were but may few troops then at Fort Griswold
for which place he was wanted-- that there
was at that time great want of troops and great
inducements were held out and efforts made
to enlist and procure them-- that there were
other persons in service at the same time younger
than he was, and one Isaac Cutting, a cousin of
this deponent (now dead) and who was a year
younger than this deponent was enlisted at the same
time, & served-- that that was a critical
Page 61

time and difficult time to procure soldiers and 
time of great necessity, as this deponent then
understood and believed and now believes, and found
as this deponent believed, an Exception to the
general practice of requiring them to be of the age
of sixteen years or upwards, that he knows of 
no person by whom he can prove these facts and circumstances
And this deponent further deposeth and
saith that he was large of his age, hale, and 
able bodied, and able to and did perform the services of a
soldier to the satisfaction of the commanding
offices.
N.B. On 1st page the word" cause" obliterate, 
"Born " interlined - 2d page "years" & said page "time" obliterated
before making this affidavit-
Subscribed and sworn this 21st
day of August 1833 before me
Davies Howard
by the above deponent. And certify
that I have been personally acquaint
ed with Darius Howard the above
deponent, for about twenty yeas part
& that he is a man of integrity & fair
character and is a credible witness
Wm Sisson First Judge
of Wayne County
Page 62

State of New York
Wayne County SS. I Cullen Foster Acting Clerk of said
County do certify that William Sisson before whom
the within affidavit purports to have been sworn
and whose signature appears to the within certificate
was at the date thereof First Judge of the County
of Wayne aforesaid, and that I am well acquainted with
his hand writing and verily believe his name
so subscribed to the said affidavit and certificate
is his proper hand writing and signature
Witness my hand and seal of office
this twenty third day of August 1833
Cullen Foster acting Clerk
Page 63

May 28, 1834
out
open
FREE
Edwards Esquire
Commissioner of Pensions
City of Washington D.C.
Page 64

State of New York
Wayne County ss Darius Howard of the town of Huron
(formerly Port Bay and altered last winter from Port Bay
to Huron, in the said County of Wayne, being duly sworn
deposeth and saith, that he is an applicant for a Pension
under the act of Congress of June 7, 1832, and that
his agent William Sisson, has recently received from J. L.
Edwards, a letter respecting his said application of
which the following is a copy
War Department
Pension Office
Sir,
April 24, 1834
The papers relating to the application of Davies
Howard have again been Examined. The alleged ser
vice in 1780 under an enlistment cannot be allowed,
unless sustained by direct proof
By a relinquishment of all claims under the
act of June 7, 1832, Except for nine months service
the applicant will be allowed a pension for that
term. The papers remain on file. I am respectfully
in Sisson Esq.
Lyons N. York
Your Obt. Servt.
J. L. Edwards "
and this deponent further saith that he is unable
to find any proof in support of his said service in 1780
and that in pursuance of the intimation contained
in the said letter, he this deponent hereby relinquishes
all claim under the said act of June 7
1832, except for nine months service, and requests
that a pension may be granted to him for that
service. And further this deponent saith not
Subscribed and sworn this 22d
day of May 1834 before me
the deponent is a credible witness. 
Darius Howard has been long known to me 
Wilson First Judge
of Wayne County
Page 65

State of New York
County of Wayne ⎬ ss I. Cullen Foster Clerk
of said County do hereby certify that William
Sisson before whom the within affidavit purports
to have been sworn, was at the date thereof
First Judge of said County of Wayne duly
commissioned and qualified, and that I
am well acquainted with his hand writing
and verily believe his signature to said
affidavit is genuine,
Witness my hand and seal of
office this twenty second day of
May 1834
Cullen Foster Clerk
Page 66

J. L. Edwards Esq
Dr Sir.
Inclosed, I said you Darius Howards affidavit
of relinquishing all claim to a pension under the
act of Congress of June 7, 1832, except for nine months
services agreeably to your letter to me. He wishes
his certificate sent to me immediately-
Yours respectfully
Wm Sisson
---
Lyons N.Y. May 22d 1834
Page 67

Addl Proof
Darius Howard
NY
whose claim was
rejected
Free
J.L. Edwards Esquire
Commissioner of Pensions
City of Washington D.C
Page 68

Lyons, Wayne County N.Y.
August 23d 1833
J.L. Edwards Esq
Sir,
Your letter of the 8th Instant, on the subject
of Darius Howard application for a Pension, has
been received-
The papers have been once returned to me 
accompanied by a Brief, shewing that there was but a
single objection, & that was, that the papers were not
authenticated as the regulations direct, they were corrected
in that particular & returned to you, with the Expectation
that a certificate would be sent to him; but
by your letter above referred to, a new objection is now
made viz: that "at the time he first enlisted, he was
but 14 years of age". This being the only objection now
made, we are to presume & take it for granted, that his
case is satisfactorily made out in every other respect
By his declaration you will find that he stated he
was born in June 1765. but whether it was stated, that
he was born in June or not. I cannot recollect, but
if not, it is so stated in his affidavit herein set to
you, that he enlisted in September 1780 & if born in
June 1765, he would of course be 15 years old in June
1780, so that, at the time of his first enlistment he
would be (was) 15 years old & from June to September,
over, and not as your letter states, "but fourteen:"
when he entered the service for the three months 
he was above 16 years of age, by some months
when he entered for the last 6 months, he was 17
years of age, or upwards, the objection does not
apply therefore, to these two terms of service & of course
he is entitled to a pension for those nine months
services. His affidavit herein sent to you, I
think, will satisfy you that he was "capable 
of the performance of military duty", and "that
there were circumstances in this case, making it an
exception to the general rule", and whether his
affidavit will satisfy you that his case was an
Exception to the general rule, or not. I cannot
Page 69

determine, but still I believe, and I think you will
believe so, also, on taking every thing into consideration.
that he is entitled to be allowed for the first 6 months
as well as for the other two terms. You it seems, have
been mistaken in calling him, "but fourteen years of
age", for it clearly appears he was 15, & several
months in his 16th, & may be not at that age, be
"considered capable of the performance of military duty"?
Has the law [illegible] compel him to perform it
and who can better determine his capability than
the officers who enlisted & had him under command?
his affidavit show his situation his situation and
capability & the necessity of the country for his services
(and it is not in his power to prove these things except by
his own affidavit), and should not he who volunteers
to serve his county, before he arrives at an age at which
the law will compel him to serve, be as much entitled
to the gratitude and bounties of the government, as
him whom the law compels to serve? Does it not show
a degree of patriotism more worthy of commendation &
liberal notice? Ought not one who has thus periled
his life in his country service under such circumstances, 
much more entitled to a pension, the reward of
the government, than him whom the compelled to
serve? Is it not known to every common observer 
that some lad of 14 or 15 years of age are as
capable of service & of performing duty or labor, as
others are of 17 or 18 Does the act of Congress or
the regulations of the War Department make any
distinction between those that went into the service
at 14 or 15 and those of 16 & upwards? I do not perceive
any. In your letter you further observe "unless
it be clearly shewn that there were circumstances
in this case, making it an exception to the general
rule, the claim must be rejected". By this it appears
that the claim has not been rejected, but
that it has been left open-- I trust, that the Explanations
I have given, and the facts and circumstances
disclosed by the affidavit, when considered in connexion
with his declaration and papers now in
your office, which I beg you to reexamine, upon
Page 70

receipt hereof, will satisfy you that he is entitled
a pension for the whole 16 months services
these suggestions are made with all due deference 
& respect, and without intending in the least
to question your good intentions, or to impute to
you any other than the very best of motives in the
discharge of your duties as a public officer, and
which, in reference to applications for
Pensions, are no doubt, ardrous, laborious and
perplexing, and require much time, patience and
attention. I hope dear sir, your reexamination
of the case will result favorably to the applicant's
claim, and that you will with as little delay as
possible forward to me a certificate for him
whatever the result may be, I beg a reply to this
communication.
I am respectfully
your obt servt
Wm Sisson
Page 71

231 No. Hope St.
Los Angeles, Calif.
Oct. 3, 1929
Hon. Winfield Scott, Commissioner
Bureau of Pensions
Dept. Interior
Washington, D.C

Dear Sir

Can you please
send me a copy of the
pension applications of
Darius Howard living at
Huron, Wayne County, N.Y
in 1840, aged 75 He was
listed on the Pension Rolls of
1835 and 1840
Yours very Respectfully
Willis E Howard
Page 72

James Edwards
Reg 225.718 - 55
106.727-160-55
Lyman Dunning

Regt 225720-53
106717-160-55
Wm Danforth
Byram Green
No
Capt Elias Hull
Page 73

Asher Warner 1812 service
Capt. Eliau Halls Co. N.Y. Mil
Killed June 1813, and wid Susan
applied for B.L. 1850 or 1851
or 1855-
I find these numbers - possibly
registered numbers
225718, 19 - 20
?who
AWL Nov. 26 - 29
Mr. Blackman could not
Find B.L. for Asher Warner