Revolutionary War Pension and Bounty Land Warrant Application File S. 18,880, Titus Holmes, Conn.
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(3-1776)
Service
Conn.

Holmes, Titus

Number
S.18,880

carded

CONTENTS
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Vermont. 18,695
Titus Holmes,

of Rutland is in the State of Vermont.
who was a Pr. & Sergt. in the Compy. commanded
by Captain Gill of the Regt. commanded
by Col. Sage in the Conn. [ma?]
...ne for 1 year Priv.}
             1 " Sergt. }

Inscribed on the Roll of Vermont.
at the rate of 100 Dollars ~ Cents per annum,
to commence on the 4th day of March, 1831.

Certificate of Pension issued the 26 day of Sept.
1833 and sent to R. Temple
Rutland. Vt.

Arrears to the 4th of Sept. '33,       $250~
Semi-anl. allowance ending 4 Mar.    34 50~

$300~

{Revolutionary Claim,
Act June 7, 1832}

Recorded by Eli Brown Clerk,
Book E Vol. 3 - Page 69
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STATE OF VERMONT
Rutland County, s.s.}
  On this 27 day of July A.D. 1832 personally appeared in open Court before the Judge of the Probate Court of Rutland Dist now sitting, Titus Holmes a resident of the County of Rutland and State of Vermont, aged 73 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, and served as herein stated.
[h/w]
In 1776 he lived at Middletown, Conn & the latter part of April of that year he enlisted for 8 months in Capt [Eells? - Buels?] company, Lt. Phelps, in Col. Sage's Regt Lt Col. Russel, [May?] : Buell, & marched to New Haven, then by water to New York was stationed in Governor: Island inlet Long Island was given up when he returned to New York where he remained until driven out by the enemy in [kpt?] when he retreated with the army to Harlem? & White plains - was in the battles at White plains & Buttermilk-kill, where he was dismissed the last of Decembr.  In 1777, about the middle of May, he engaged as a substitute, for Mr Stephen Hart & served in Col. Durkee: Regt Lt Col. Russell, Capt Hyde: Company Lt. Holt. 8 months - he marched through New Haven, Peterkill, New Jersey to Pennsylvania, & was discharged at Valley Forge about the Middle of July 1778 - he was in the battle of Germantown. In 1778, about the 1 April he believes, he enlisted into Col. [McCladlen?]: Regt for one year under an agreement that he should not be required to serve more than 6 months during that year, & was appointed sergeant in Capt Robinson: company, Lt Ripley & marched to  Horse Neck, White plains & West point where he was discharged after serving six months as Sergeant.
 In the Spring of 1779 he enlisted for three months, & was appointed Sergeant in Capt Burr: Company, Lt Smith in Col Mead: Regt & marched to Horse Neck where he served out his 3 months & in guarding the lines, & was discharged at Horse Neck about the 1. Septembr.  In May 1780 he volunteered for three months to guard lines & was appointed Sergeant in Capt. [Starow?]: company Col Mead: Regt & marched to Stamford, & served out his 3
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months in guarding the coast & was discharged at Stamford in August. In addition to these services he was frequently called out on alarms & served a few days at a time, amounting he should think to at least 2 months. He does not remember ever having recd a written discharge & has no documentary evidence & knows of no person whose testimony he can procure who can testify to his services. He knew Genl Washington, Lee, Putnam, & many other continental officers whose names he does not now recollect, but does not remember the name of any Regt with whom he served except Swift's of Conn.  He was born at Middletown 23 June 1759, his age is recorded in an old Bible which belonged to his Mother. He lived in Middletown aforesd until about 25 years ago he moved to Vermont & has there lived in Ludlow Cavendish & Shrewsbury, where he now lives. There is no Clergyman in the place, but he is known to most of the inhabitants of the neighborhood  [/ h/w]
  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.
   Titus Holmes
  Sworn to and subscribed the day and year aforesaid}  R.C. Royce  Regr
  We Avery Wells [a Clergyman - crossed out] residing in Shrewsbury and John Post, residing in the same place, hereby certify, that we are acquainted with Titus Holmes who has subscribed and sworn to the   declaration; that we believe him to be 73 years of age; that he is reputed and believed, in the neighbourhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.    
   Avery Wells
   John Post
 Sworn and subscribed the day and year aforesaid}  R. Royce  Regr

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 Avery Wells who has signed the preceding certificate, is a [Clergyman - crossed out] ^credible person, resident in Shrewsbury and that John Post who has also signed the same, is a resident in Shrewsbury and is a credible person, and that their statement is entitled to credit.

I Rodney C. Royce Regr [Clerk - crossed out] of the Court of  Probate do certify, that the foregoing contains the original proceedings of the said Court in the matter of application of Titus Holmes for a pension.
  In testimony whereof, I have hereunto set my hand and seal of office this 24th day of Oct A.D. 1832
  R.C. Royce  Regr
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Titus Holmes
12 Mo. Srg.
18  "    Private

19072
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Rolls
 Titus Holmes
  Rutland  Co  Vermont

j? proof of services
  Notified
 Proof enclosed
  R. Temple
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WAR DEPARTMENT,
Pension Office,
183

Sir:
The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned.  The following is a statement of your case in a tabular form.  On comparing these papers with 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.  These  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 to them; and you will, by complying with this request, greatly facilitate the investigation of your claim.

A Statement, showing the Service of 
Titus Holmes
[column headings: Period when the service was rendered. Duration of claimant's service. 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 the age at the present period. Evidence by which the declaration is supported.]
[Subcolumns under Duration of the claimant's service:  Years. Months. Days.]

[The following is all handwritten]:
April 1776, 8 (months). Private Capt. Gill]. Col Sage. White Plains. March to New Haven & from there to N  York. 73 years  [entered service at Middletown Cont] 

May 1777 South hill. 8 (months). [ditto mark - Private]. Capt [?Nay cee]. Col Durkee. Butter Milk hill. From there cont [continued?] to N York New Jersey to Pennsylvania

1 April 1778. 6 (months). Sargt. Capt Robinson,  Col McClennan  Germantown. White Plains West Point.

Spring 1779. 3 (months). ditto mark - Sargt. Capt Barr. Col Meade. Horse Neck.

May 1780. 3 (months). ditto mark - Sargt. Capt [? - Harris]. Col Meade.  Stamford

[handwritten sentence in quotes]:
"In addition to these services he was frequently called out in alarms and served for a few days at a time amounting he should think to at least 2 months."

I am, respectfully,
Your obedient servant,
J. L. EDWARD
Commissioner of Pensions

[handwritten sentence]:
Claimants name not found on the rolls of Durkee's Regt - and no such name as Stephen Hart appears upon the roll of Hyde's Co. in that regt.
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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) _ 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 Unted 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.
_ 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, vis:
(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. 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 is 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 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 of 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.
[underline]
[a} The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance.
[b] The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not conforming to the rule.
[c] The age of the claimant must invariably be mentioned.
[d] The declarant must mention the period or periods of the war when he served.
[e] Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had. Every claimant must state, with precision, the length of his service, and the different grades in which he served, in language so definite as to enable the Department to determine to what amount of pension he is entitled. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of 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 his service. The use of the phrase [italicized] about three or four months, [end italics] is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions [illegible] 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; 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 of narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
Proof of Service.
[j] In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses who are required to set forth in their affidavits the time of the claimant's entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
The notes from [a] to [j] are all equally applicable to the cases of Militia men, Volunteers, and State Troops. The proof required by rule in note [j] applies to continental troops only.
[k] This traditionary evidence is indispensable in militia cases.
[l] If a witness cannot be found, the declarant must state the fact.
[m] The answers to the interrogatories must all be written, and sent to the War Department with the declaration.
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P   18880
 INVALID

[Fi]le No.   18,880
 Titus Holmes
Sergt  Rev War
Act: June 7th  32
Index: - Vol. 1, Page 182
  (Arrangement of 1870)
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[Admit?]
1 year Sergt
1 year Private
  R Temple
  Rutland  Vermont
Page 12

Rutland /Vt/ 13 July 1833

Sir
 Enclosed you have a case returned with explanatory declaration & proof of service
  I am Sir, respectfully
  Your Ob Srvt
   R Temple


J.L. Edwards Esq
  Comm. of Pensions
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State of Vermont
Rutland Ss - }
 On this 24th day of June 1833 personally came before the undersigned Authority, T[??]  Pratt of said County, aged 74 & a a credible witness, also being duly sworn doth depose  & say, that he was well acquainted with Titus Holmes now of Shrewsbury during the Revolutionary War - they lived in neighbouring towns in Connecticut & were   near the same age. The deponent was in service in 1776 & 1777, and he knows that said Holmes served eight months in Col. Sage: Regt in 1776 at New York & that neighborhood, & was in the battle of White plains - And that said Holmes served eight months in 1777 in Col. Durkee: Regt & marched in said Regt to New Jersey & Pennsylvania, & returned the following winter. He also knows that said Holmes was a Sergeant in Col. McClallen: Regt at Horse Neck & West Point in 1778, & was also a Sergeant in Col. Mead: Regt in 1779, at Horse Neck but the deponent is unable to say how long he served in the two last mentioned years.
 Sworn before me this day & year aforesd
   R Temple  Jus. Peace
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State of Vermont
Rutland Ss - }
  On the 12th day of July 1833 personally came Titus Holmes of said County, who being duly sworn doth depose & say  [Adorblin? - addition?] to & explanation of his declaration of the 27th July 1832 - that he is inclined to think he may be mistaken in the name of the man whose place    he took in 1777 in Cap Durkee: Regt but his memory is to [sic] much impaired, he cannot be positive as to his name - but he knows he served eight months as stated in his declaration. He further says that from [sea?an?] of old age & the consequent loss of memory he cannot know positively as to the precise length of all his several periods of service - but from the best of his recollection he served not less than the periods mentioned below & in the following [gre??s] , namely, For one year he served as Sergeant - And for one year & five months he served as private - and for each service he claims a pension.
  Sworn before me the day & year aforesd
  R. Temple  Jus Peace
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State of Vermont
  I Robert Pierpoint Clerk of Rutland County Court, do certify that Robt Temple before whom the foregoing affidavits were taken, is a Justice of the Peace for Sd County duly commissioned - And that his name thereto is in his own hand writing.
 In testimony whereof I hereunto set my hand and affix the seal of said Court this 12 July 1837
  R Pierpoint

[on side]
 Titus Holmes
 Explanatory Declaration & proof of service