Revolutionary War Pension and Bounty Land Warrant Application File S. 15167, Hezekiah Hart, Conn.
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Conn. 
Hart, Hezekiah
S.15.167
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99.49
Connecticut
Hezekiah Hart
of Southington in State of Connecticut who was a Private in the Camp commanded by Captain Bradley of the Regiment Commanded by Col. Burr in the Connecitcut line for 11 months & 4 days. 

Inscribed on the roll of Connecticut at the rate of 37 dollars 0 cents per annum to commence on the 4th day of March 1831.

Certificate of Pension issued the 28 day of June 1833 and sent to John Wigthtnum Southington Hartford

Arrears to the 4th of May '33 $74.20
Semi-anul allowance ending 4 Sept '33 18.55
$92.75

Revolutionary Claim Acct June 7, 1832
Recorded by Book E Vol 3 page 18

[written along the margin]
See Let. 1. Pen. A of Hartford Conn. March 1, 1894 Nov. 5th
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No. 24174
Hezekiah Hart Connect. 


On [rg.tts]
May 26 1777
served May 30 1778

Admitted Private 11 months 4 day

May 26, 1777
Discharged April 30, 1778
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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 appears with the 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, (thus: }). you will when you return your papers to this department sent 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 Hezekiah Hart of Southington, Connecticut. 

Period when the service was rendered: enlisted 1777

Duration of the claimant's services: about a year

Rank of the claimant: Private

Names and rank of the field officers under whom he served: Col. Philip Burr Bradley

Age at present and place of abode when he entered the service: aged 74 Berlin Connecticut

Proof by which the declaration is supported: Traditionary
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REGULARTIONS 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", "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 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 }ss.
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 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. 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 (if 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 declarations, 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. 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 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, 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 applicant.
If such surviving witness cannot be found, the applicant will so state in his declaration, (l) and he will also, whether he produces 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 alleged service, as they are known at the Department. A very full account of the services of each person
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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 service 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 declarations 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 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. 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 services 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 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 years, 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 services 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 emplo9yed 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 signatures 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 certificates 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 (i) are all equally applicable to the exam of Militia men, Volunteers and state Troops. The proof required by rule in case (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 in the interrogatories must all be written, and sent to the War Department, with the declaration.
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15.167

INVALID

File No. 15.167
Hezekiah Hart
Priv. Rev. War

Act June 7th 1832

Index, Vol. 1, Page 164

(Arrangement of 1870)
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Hezekiah Hart
24174
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State of Connecticut
County of Hartford 
Southington 
April 6th AD 1833

On this 6th day of April 1833 personally appeared before the Court of Probate for the District of Southington Hezekiah Hart, a resident of Southington aforesaid in the State & County aforesaid aged seventy four years, who being first duly sworn, doth, on his oath make the following declaration in order to obtain the benefit of the provisions made by the Act of Congress passed June 7th 1832.
That he enlisted in the army of the United States in the year one thousand seven hundred & seventy seven, with Lieutenant John Cole & served in the Regiment of the Connecticut Line under the following named Officers
Philip Burr Bradley Colonel of the Regiment
Joseph Allen Wright Captain
John Cole Lieutenant
Benjamin Henshaw Ensign
Of the Company to which he belonged
That he left the service on the 5th day of April AD 1778 as he believes that he resided in the Town of Berlin County & State aforesaid when he entered the service which was in the month of April AD 1777 & as he believes on the 26th day that he first marched to Ridgefield in Connecticut where his company joined the Regiment, thence to Peekskill & from there to White Plains & again to Peekskill & from Peekskill he marched to a place called Courtland Manor & again to Peekskill where he staid several months thence into New Jersey through several places which
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from age & decay of memory he does not particularly recollect but believes one was called Browsetown Gap & another White Marsh Hills & through New Jersey to Valley Forge where he was encamped during the winter & where he was discharged.
He hereby relinquishes every claim whatever to a pension or an annuity except the present & he declares that his name is not on the pension roll of any agency in any state.
[signed] Hezekiah Hart
Sworn to and subscribed the day & year aforesaid

Information having been obtained from the War Department that the name of the applicant is to be found on the Rolls in said Department. he has omitted & made a more detailed statement but declares that he received a discharge which has been lost but he cannot remember the number of the Regiment which is therefore left blank
[signed] Hezekiah Hart
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And the said Court does hereby declare its opinion that the above named applicant was a Revolutionary soldier and served as he states and the court further that it appears to said court that David L. Ogden who has signed the preceding certificate is a Clergyman resident in the town of Southington, and that Sheldon Moore who has signed the same is a resident in the town of Berlin and resides near to said applicant and that they are both credible persons and that their statement is entitled to credit.

I John Wightman Clerk of the Court of Probate for the District of Southington in Connecticut do hereby certify that the foregoing contain the original proceedings of the said Court in the matter of the application of Hezekiah Hart for a pension.
In testimony whereof I have hereunto set my hand and seal of office this 5th day of April AD 1833.
John Wightman