Revolutionary War Pension and Bounty Land Warrant Application File S. 10,710, James Franklin, N.H.
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(3-1776)
SERVICE|[blank]|NUMBER
N.H.|Franklin, James|S.10.710
carded.
CONTENTS
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20,146
Buffalo N.Y. 
James Franklin of [illegible] in the State of N York who was a private in the Comp commanded by Captain Ashby of the Reg. commanded by Col. Alexander in the Rh.* Island line for 9 mos
*N.H. Line. 
Records corrected Mch 14/05. 
Inscribed on the Roll of N. York at the rate of 30 Dollars [blank] Cents per annum, to commence on the 4th day of March, 1831. 
Certificate of Pension issued the 8 day of Aug 1832 and sent to C. Tucker Fredonia
Arrears to the 4th of Ma. '3 $60
Semi-anl. allowance ending 4 Sep '33 15
$75
{Revolutionary Claim, Act June 7, 1832.}
Recorded by Geo. C. Stiles Clerk,
Book C. Vol. 3. Page 56
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State of New York
Cattaraugus County}ss
On this third day of October A.D. 1832 personally appeared in open Court, before the Judges of the Court of Common Pleas of said County now sitting James Franklin a resident of Conewango in the said County of Cattaraugus, aged eighty 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 7, 1832
That he entered the service of the United States under the following named officers, served as herein stated, - 
That in the fall of the year 1775 he went as a volunteer to Bunker Hill in Captain Ashby's Company of Militia in the Regt. commanded by Col. Alexander where they stayed about two months when they with the rest of the company were discharged and returned home to the town of Winchester in the state of New Hampshire his place of residence - That he lived in Winchester when he volunteered - That the name of the Ensign in said Company was Seth Alexander & that he don't recollect the name of the Lieutenant - That in the month of February A.D. 1776 he enlisted at Winchester aforesaid in Capt. ['Hump' crossed out] William Humphrey's Company of Militia in the Reg't commanded by Col. Joshua Wingate, that they marched to Charleston where they stayed a short time & then marched to Rutland in Vermont & stayed there awhile & then moved on to Ticonderoga & went over upon Mount Independence where he remained until the ninth day of September A.D. 1776, when he was discharge & went home to Winchester. - That ['when' crossed out] his enlistment in Capt. Humphrey's Company aforesaid was for one year, but that at the time he received his said discharge, he hired one Jonathan Pattrige to take his
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place as will appear from the discharge herewith presented & signed by Col. Wingate - 
That at the time he left the service he received two written discharges, one signed by Col. Joshua Wingate & the other signed by Capt. William Humphrey, both of which discharges are herewith presented - That he served about two months as a volunteer in Capt. Ashby's Company aforesaid and between seven and eight months in his enlistment aforesaid, making nine months actual service in the whole - That he was born on the 26th day of February A.D. 1750. at the town of Attlebury Massachusetts where his age is recorded. 
That he has a Record of his age in his Bible at his bouse in Connewango (Conewango) aforesaid. - That he left the town of Winchester about twenty four years since & removed to the Town of Riga Monroe Co. New York, that about thirteen years since he left Riga & came to Connewango (Conewango) aforesaid where he now resides - That he is acquainted with Col. James McGlashan & James Waterhouse who can testify to their belief of his services &c. & that it is very inconvenient to include a Clergyman
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 - 
/s/James Franklin
Sworn & subscribed the day & year aforesaid}
/s/Israel Day a Judge &c
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We, James McGlashan & James Waterhouse residing in the town of Connewango in the said County of Cattaraugus hereby certify that we are well acquainted with James Franklin who has subscribed & sworn to the above Declaration, that we believe him to be in the ['sixty eight' crossed out] eighty second year 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 - 
/s/James McGlashan
/s/James Waterhouse
Sworn & subscribed the day & year aforesaid}
/s/Israel Day A Judge
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 applicant was a Revolutionary Soldier and served as he states - 
And the Court further certifies that is appears to them that James McGlashan & James Waterhouse who have signed the preceding certificate, residents of the town of Connewango aforesaid, are creditable persons and that their statement is entitled to credit
/s/Israel Day} Judge of the Court of Common Pleas
/s/Dan Allen
/s/Alson Leavenworth
I John W. Staunton of the Court of Common Pleas of said county do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of James Franklin for a pension -
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[court seal affixed] In testimony whereof I have hereunto set my hand & seal of office this third day of October in the Year of our Lord one thousand eight hundred and thirty two - 
/s/John W. Staunton Clk
Cattaraugus County ss: Personally appeared before me, the undersigned, a Judge of the Court of Common Pleas in and for said county, James Franklin, 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 two months I served as a private in Capt. Ashby's Company of Militia within mentioned. For seven months, I served as a private in Capt. William Humphrey's Company, mentioned in the foregoing Declaration, making in the whole nine months and for such service I claim a pension. 
/s/James Franklin
Sworn & subscribed the 24th day of May 1833 before me
/s/Thomas J. Wheeler Judge Cattaraugus Com Pleas
Cattaraugus County.
State of New York}ss: I John W. Staunton Clerk of the said County, do certify that Thomas J. Wheeler before whom the foregoing ['certificate' crossed out] affidavit purports to have been sworn, was at the date of the same one of the Judges of the Court of Common Pleas in and for the said county, and that I am acquainted with his hand writing, and verily believe his name subscribed to the said affidavit to be his proper hand writing and signature. 
[court seal affixed] Witness my hand and seal of office, this 29th day of May A.D. 1833. 
/s/John W. Staunton Clerk

14899
James Franklin
9 mo. service in militia
Chauncey Tucker, Agent at Fredonia, Chautaugua Co. N. York
To whom all communications respecting the within application are to be directed - 
Please make the Pension payable at the Buffalo Br. Bank - C. Tucker
adm'd 
9 mo. pri
30$
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No 14899
Jas. Franklin NY
Adm'd
pay'ble at Buffalo. 
Chauncey Tucker, agent
Fredonia 
Cattaraugus Co. N.Y.
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WAR DEPARTMENT, 
Pension Office, 
[blank] 183[blank]

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 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 show what is necessary to be done. Those points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus: }). You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your claim. 
A Statement, shewing the Service of James Franklin, Cattaraugus Co New York
[column headings: Period when the service was rendered|Duration of the claimant's service.(Years.|Months.|Days.)|Rank of the claimant.|Names and Rank of the Company officers under whom he served.|Names and Rank of the General and Field Officers|Battles in which the applicant was engaged.|Country through which he marched.|Place of abode when he entered the service, and age at the present period.|Evidence by which the declaration is supported.|]
Volun 1775|([blank]|about 2|[blank])|Private|Ensign Seth Alexander|Col. Alexander|[blank]|To Rutland Vt.  " Ticonderoga|Manchester Newhampshire|Traditionary|
Enlisted 1776|([blank]|between 7&8|[blank])|[blank]|Capt Ashby| " Wm. Humphrey Colo. Joshua Wingate|[blank]|Mt. Independence|[blank]|& documentary|
[end of columns]
I am, respectfully, Your obedient servant, 
J. L. EDWARDS, 
Commissioner of Pensions.
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2  
REGULATIONS UNDER THE ACT OF JUNE 7, 1832.  
The following regulations have been adopted:  
This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army, and to include under the terms "Continental Line,' State troops," " 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 et 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 [blank] day of [blank] personally appeared (a) before [blank] A. B. a resident (b) of [blank] in the county of [blank] and State, Territory or District of [blank] aged (c) [blank] 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) [blank], with [blank] and served in the [blank] (e) regiment of the [blank] 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 [blank]  
Sworn to and subscribed the day and year aforesaid. [blank] 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 [blank] of the Court of [blank] do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of [blank] for a pension. In testimony whereof, I have hereunto set my hand and seal of office (i) this [blank] day of [blank] &c.  
If, on examination of the proper record, the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out.  
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz:  
(k) We, A. B., a Clergyman, residing in the [blank] and C. D. residing in (the same) hereby certify, that we are well acquainted with [blank], who has subscribed and sworn to the above declaration; that we believe him to be [blank] 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 investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a RevoIutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that A. B. who has signed the preceding certificate is a clergyman, resident in the [blank] and that C. D., who has also signed the same is a resident in the [blank] and is a credible person, and that their statement is entitled to credit.  

I, [blank] Clerk of the Court of [blank] do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of [blank] for a pension.  

In testimony whereof, I have hereunto set my hand and seal [blank] of office, this [blank] day of [blank]&c.  

Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction.  

If such surviving witness cannot be found, the applicant will so state in his declaration,(l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his alleged service, as they are known at the Department. A very full account of the services of each person
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3
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 most 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 loss of memory, state precisely how long he served, he should amend his declaration by making au affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith. that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service; but, according to the best of his recollection, he served not less than the periods mentioned below. and in the following grades:- For ____ year ____months, and ____days, I served as a ____ . For ____ months and ____days, I served as a ____; and for such service I claim a pension."
It is important, in all cases, to determine with precision the period for which each applicant served, and the particular rank he held; as the law directs the pension to be paid according to the grade of the pensioner and the length of service. The use of the phrase about three or four months, is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state that they served two years in the militia, &c. without specifying the tours, the names of the officers, and other particulars respecting their service. This form of declaration is highly objectionable. It must, in every case, be clearly shown under what officers, the applicant served; the duration of each term of engagement; the particular place or place where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
[f]The law makes the relinquishment indispensable.
[g] The opinion or the Court is always required.
[h] The Clerk must give his certificate in every case.
[i] The Clerk must affix his seal, and if he has no device or inscription by which it can be distinguished from any other seal, or if he has no 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 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 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 cases of Militia men, Volunteers and State Troops. The proof required by rule [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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10710
Rev War INVALID. [initials: own]
File No. 10,710
James Franklin
Priv. Rev. War
Act: June 7 1832
Index: Vol. A, Page 133
[Arrangement of 1870.]
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James Franklin
S. file 10710
N.H.
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mount independent September 8 1776 this may satisfie that James Franchlen (Franklin) is Discharged from the armey from Col. Wingate Regmant and Capt. Humphrey Company
[illegible] me William Humphrey Capt
[receipt stamp] THE NATIONAL ARCHIVES OF THE UNITED STATES]
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James Franklin
S. file 10710
N.H.
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Mount Independance ss
September 9th ye 1776
This is to sertify James Franklin of Capt Humphrey Company in Colo. Wingate's Reg. has got Jonathan Pattrige to take his place in said Company & s'd Franklin is discharged from s'd Company - 
/s/Joshua Wingate Col'o
[receipt stamp: THE NATIONAL ARCHIVES OF THE UNITED STATES]