Revolutionary War Pension and Bounty Land Warrant Application File S. 8596, Elijah Graves, Conn.
Page 1

[printed form completed in handwriting]
(3-1776)
Service
Conn
Graves, Elijah
Number
S. 8596

carded
Page 2

[printed form completed in handwriting]
14933
16136
New York
Elijah Graves
Herkimer Co in the State of NEw York who was a [illegible – possibly teamster] in the Company commanded by Captain Palmer of the Regt commanded by Col. Jones in the [illegible] line for Cnco.

Inscribed on the Roll of New York at the rate of 30 Dollars 00 Cents per annum to commence on the 4th day of March, 1831.

Certificate of Pension issued the 15 day of May 1833 and sent to Sherman Wooster New Port
Arrears to the 4th of March 1833		$60.00
Semi-anl allowance ending 4 Sept 	15.00
					=====
					$75.00

{Revolutionary Claim, Act June 7, 1832.}
Recorded by W.L. Williams Clerk
Book C Vol. 4 Page 57
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[handwritten]
Elijah Graves
Application & testimony
For 
Pension
16136
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[handwritten]
State of New York
County of Herkimer}
On the 29. day of Sept. 1832, personally appeared before Sherman Wooster a judge of Herkimer County Courts; Elijah Graves a resident of the town of Russia in the County of Herkimer and State of New York; 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 7 June 1832. That he was born in the town of Lebanon in the County of Windham in the State of Connecticut in the year 1749 and living in Hobson at the time the Revolutionary war commenced. And the said Elijah Graves declares that he enrolled in the alarm list in the early part of the year 1778. Was not call out during that year – and the said Elijah Graves further declares that in the month of May 1779 he was drafted under Capt. Samuel Gilbert. Col Joel Jones Regiment  Marched to New London; was stationed at New London three months _ and was dismissed (there having been no invasion during that time in that quarter of the county _ and the Said Elijah Graves declares that he was again drafted under Capt Stephen Palmer for three months also under Col. Jones, in General Palmers Brigade; and served in this tour three months; was stationed at New London during this term, and no actions or invasions yet took place in that quarter _ and in the Said Elijah Graves further declares that in the month of Sept in the year 1781 Bennedict Arnold with Brittish fource invaded New London; and the Said Elijah Graves was again order out under Capt.. Palmer and Marched towards New London, but hearing that the enemy was gone from that place Capt. Palmers company returned home to Hebron _ and the said Elijah Graves declares that he was in [illegible] service six months, and says he was enrolled in the alarm list and liable to be called on in the alarm list for more than six months, it being
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[handwritten]
Six other months besides the before mentioned six months service actually performed; making (if the last six months be allowed) something more that a year in the whole _
	And the said Elijah Graves further declares that he was duly appointed and served as an orderly Sergeant in all service before set forth _ and that he knows of no person living by whom he can procure the actual service before set forth. That he hereby relinquishes all claim for any pension or annuity except the present and that his name is not on the Pension Roll of any State in the Union _ and tht John Graves and George Graves residents in the said town of Russia will vouch for his reputation as respects his having been a soldier of the Revolutionary War.
[signed] Elijah Graves
Sworn and Subscribed before me the 29. Sept 1832
[signed] Sherman Wooster
Judge of the Herkimer County Courts

We John Graves and George Graves residing in the town of Russia in the County of Herkimer, do certify that we are well acquainted with Elijah Graves, who has subscribed and sworn to the above declaration that we believe him to be of the age of Eighty two years _ 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.
[signed] George T Graves
[signed] John Graves
Sworn and Subscribed before me a judge of the Herkimer County Courts  Sept. 29 1832
[signed] Sherman Wooster
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[handwritten]
And I Sherman Wooster a judge of Herkimer County courts do hereby declare, that, after investigating the matter, and after putting the interrogations prescribed by the war department my opinion is that, the said applicant was a revolutionary soldier and served as he states _ And I further certify that I am well acquainted with John Graves & George Graves who have signed the preceding certificate; and know them to be credible persons, and residents in the town of Russia and their statement is entitled to credit.
	And I do further certify that the said applicant Elijah Graves cannot from bodily infirmity attend the court _ Given under my hand at Newport Sept. 29. 1832
[signed] Sherman Wooster

State of New York
Herkimer County} ss
I Julius C Nelson Clerk of the Said County do hereby certify that Sherman Wooster Esquire before whom the foregoing Certificate purports to have been sworn, was on the date of the same one of the Judges of the Court of Common Pleas in and for said County and duly authorized to act as such Judge. And that I am acquainted with the hand writing of the Said Judge and verily believe his name subscribed to the Said Affidavit to be his proper hand writing and Signature. 
Witness my hand and Seal of Office this 8th day of October 1832
[signed] Julius C Nelson Clerk
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[handwritten]
No 16136
Elijah Graves
Herkimer Co N.Y

Admitted.
6 mo. Ord. Serjeant 

Sherman Wooster
New Port
Herkimer Co
N.Y.
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[printed form completed in handwriting]
War Department,
Pension Office.
183

Sir:
	The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in a tabular form. On comparing these papers with the following ruls 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, 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 Elijah Graves Herkimer Co NY.
[following is a table – column divisions are indicated with a “/”]
Perion when 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 present period./Evidence by which the declaration is supported.
Enroll 1778 [illegible]/blank/blank/blank/blank/blank/Col Jones/blank/New London/82 years Hebron Windham Co Connecticut/Traditional evidence
Enroll 1779/blank/3 [months]/blank/Sergeant/ Captn Gilbert/Genr Peters Brigade/blank/blank/blank
Sept 1781/blank/3 [months]/blank/blank/Capt. Palmer Capt Jones Capt  Palmer/blank/blank/blank/blank/blank

I am, respectfully,
Your obedient servant,
J. L. Edwards,
Commissioner of Pensions.
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REGULATIONS UNDER THE ACT OF JUNE 7, 1832.
The following regulations have been adopted:
This law 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 lie 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 en[t]ered 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 dad rear aforesaid. A. B.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states.
I [—— —— ——] of the Court of [—— ——] do hereby certify (h) that the
foregoing contains the original proceedings of the said Court in the matter of
the application of [—— —— ——] for a pension.
In testimony whereof I have hereunto set my hand and seal of office (i) this [——]
day of [—— ——] &c.
If, on examination of the proper record the names of applicants, making such declaration,
cannot be found, they will produce such proof as the rule given in note (j) points out.
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers
or Militia, except those who belonged to the New Hampshire Militia and State Troops of
Virginia, will make and subscribe a declaration similar to the foregoing, with the following
additions, viz:
(k) We, A. B., a Clergyman, residing in the [—— —— ——] and C. D. residing in (the
same) hereby certify, that we are well acquainted with [—— —— ——], who has
subscribed and sworn to the above declaration; that we believe him to be [——]
years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a
soldier of the Revolution, and that we concur in that opinion.
Sworn and subscribed the day and year aforesaid.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion, after the investigation of the matter,
and after putting the interrogatories prescribed by the War Department, that the above named
applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies,
that it appears to them that A. B. [—— —— ——] who has signed the preceding certificate is a clergyman, resident in the [—— —— ——] and that C.D., who has also signed the same is a resident in the [—— —— ——] and is a credible person, and that their statement is entitled to
credit.
I [—— —— ——] Clerk of the Court of [—— —— ——] do hereby certify that the
foregoing contains the original proceedings of the 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 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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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 [t]he answers to these questions are embodied in the declaration,
and they are requested to annex their opinions of the truth of the statement of the applicant.
The applicant will further produce in Court, if the same can be done, in the opinion of the
Court, without too much expense and inconvenience to him, two respectable persons - one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents,
and that he  s reputed and believed in the neighborhood to have been a Revolutionary soldier, and t at 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 go by reason of
bodily infirmity ; in which ease 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 most 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. ln a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
“Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service; but, according to the best of his recollection, he served not less than the periods mentioned below. a d 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 thegrade of the pensioner and the length of his service. The use of the phrase about three or four months, it too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state that they served two years in the militia &c. without specifying the tours, the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must, in every case, be clearly shown under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by
competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
[f] The law makes the relinquishment indispensable.
[g] The opinion of the Court is always required.
[h] The Clerk must give his certificate in every case.
[i] The Clerk must affix his seal, and if it has no device or inscription by which it can be
distinguished from any other seal, or if he has no public seal of office, the certificate of a Member of Congress, proving the official character and signature of the certifying officer, should accompany the papers.
Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the
papers is not written on the same sheet of paper which, contains the affidavit, or other papers authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
Proof of Service.
[j] In a case where the name of the applicant 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 cases of Militia men, Volunteers and State Troops, The proof required by rule in this case 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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[printed form completed in handwriting]
[top section is cut off]
sion on file with this Bureau. Elijah Graves S F 8596
====================================  
[following is a table – columns are separated by “/”]
Dates of Enlistment./Length of S.
May 1779/3 mos/orderly sgt/Samuel Gilbert/Joel Jones/Conn.
-/3 mos/ “ /Stephen Palmer/blank/blank
Sept. 1781/-/”/Palmer/blank/blank
 
Battles engaged in, [check mark]
Residence of soldier at enlistment, Hebron Conn.
Date of application for pension, Sept. 29. 1832. Claim allowed.
Residence at date of application, Russia, Herkimer Co. N. Y.
Age at date of application, Born in Lebanon Conn. 1749.
Remarks: No family data
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[handwritten]
344 Ashland Ave
Buffalo N. Y.
Oct. 10/07
To the Hon. The Commissioner of Pensions
Wash. D.C.
Dear Sir
	Will you kindly furnish me with descriptive list of Elijah Graves who served 3 months in 1779 in Capt. Gilberts Connecticut Co. & 3 months as orderly Sergeant in Capt. Palmers Conn. Co. in 1781 Rev. War. Filed Claims for pension Sept. 29. 1832 – living in Hebron Conn. when he enlisted –
	And can you inform me whether pension was granted to Alexander Graves and Ezekiel Graves of Litchfield
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[handwritten]
Conn. for services in Capt. M. Smiths Co. Conn. Militia in 1781 and if so would like their descriptive list & oblig. 
Yours very truly	
[signed] John C. Graves

[round stamp below with text O.W. & N. Div Oct 14 1907]
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[printed form completed in handwriting]
[left margin]
Graves
V.L.M.
[left page]
Rev War
8596
INVALID.
File No. 8596
Elijah Graves
Sergt - Rev War
Act: June 7th "32
Index: - Vol. 1st, Page 151
[arrangement of 1870.]

[right page]
1907 oct 24 Hist. to John C