Revolutionary War Pension and Bounty Land Warrant Application File S. 14,181, for Ezra Pond, Massachusetts
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Mass     Pond, Ezra

Close
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New York 28.612
Ezra Pond
Essex Co in the State of New York
who was a Private in the Company command
Captain Houghton of the Regt
command
Col Whitney in the Mass Militia
line for 12 months Inscribed on the Roll of New York
at the rate of 41 Dollars 66 Cents per annum
to commence on the 4th day of March, 1834. Certificate of Pension issued the 26th day of April
1834 and sent to Hon R Whallon House

Arrears to the 4th of March 1834 $124.98
Semi-ant. allowance ending 
Sept. 4  '34 - 20.83 
Revolutionary Claim,
Act June 7, 1832.
Recorded by Saml H. Page
Clerk 
Book E  Vol. 4
Page 114
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Commonwealth of Massachusetts.
Secretary's Office, March 31 1834
hereby Certify, That, from an examination of the Books
and Documents, relating to Military Services in the War of
the Revolution, which remain in this Department, it appears that the name of Ezra Pond is borne on An-
Abstract of the pay due to Capt David Bents
Company, in Col. Cushing's Reg of Militia, in
the Continental service, from the State of Massachusetts Bay, having served as a private from Sept. 5th to Nov. 29th 1777. and was allowed (including
time to go home) three months & five days.....Mo 3.. Day 5..
he name of Ezra Pond is borne on a Muster
Roll of Capt. Houghtons Company in Col Josiah Whitney's Regt of Militia from the State of Massachusetts Bay in the service of the United States, and in the State of Rhode Island for six weeks, beginning the thirtieth day of July 1778, and discharged thirteenth, fourteenth & fifteenth days September insuing the date. Petersham Feb 1779 having served
as a private from July 31 to Sept 14th 1778, one month
& fifteen days.....1 " 15 Carried
over.... 4 " 20


1779 having served
as a private from July 31 to Sept 14th 1778, one month
& fifteen days.
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Ezra Pond claims service under Capt. Boynton & Capt Stone
in 1778. And under Col Cushing, in 1780. The rolls which
he describes, are not found in this Office
Edward D Bann Ly
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a Pond
application for a Pension
13.790
[illegible]
12 1/2 mo. Pre
 [underlined]$41.66
Hon R. Whallon
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State of New York
Essex County  Personally appeared before me the undersigned a Justice of the Peace in and for the [illegible] County. Ezra Pond who being duly sworn according to Law 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: Towit
For two months in 1777 I served as a private -
2 M
For One month and twelve days same year I served as a private 1.12ds
For four months same year I service as a private - 4 "
For one month in 77 or 78. I served as a private -  1
For two months & three days in 1778 I served as a private 2.3.
For Three months in same year, I served as a private - 3. "
Making in all a Total of Thirteen months and fifteen days and for such service I claim a Pension - Mo 13. days 15
Ezra Pond
---
Subscribed and sworn to
this 17th day of June 1833
at Essex New York before me
Edw S Cuyler Justice Peace
State of the York
Essex County
On this Seventeenth day of June in the year
of Our Lord One Thousand and Eight Hundred and thirty three - Personally appeared before me Edwd S Cuyler a Commissioner of Deeds in and for said County Ezra Pond, aged 74 years, 
a person [illegible] Known as the person who subscribed and swore to the Annexed Declaration & application for a Pension. Who being by me just duly sworn according to law. Upon this said oath doth depose and say That since making his declaration in Court for the purpose of obtaining a pension pursuant to the Act of Law of 1832 - & Since having his said declaration returned to him by the War Department he has recollected some other of his offices than was named in his said declaration. Towit That on his last tour or period of service as a substitute for his father. Ezra Pond  Senr in the year 1780 - He is confident that Colonel Cushing
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his former Colonel had command, and that he can not Recollect any more of his officers. On this tour. That When out for 4 months at Saratoga Stillwater & he recollects that at the Battle of Bemis Heights There were Genl Learned, Gates, Arnold Lincoln & believes Gen Glover. That he never was stationed
in any Fort or Garrison his duty was all
done in the Camp & field  - and that during this period for which he claims a Pension he was not Engaged in any civil pursuits, but devoted his whole time to the service of his country. That the whole
periods of service for which he claims was done with Embodied Troops, and that he believed them always to have been called into the service by Competent Authority towit
by Order of John Hancock the then Governor of Massachusetts
That in answer to the Interrogatories prescribed by the Department to be propounded by the Court & which were fully answered by him before he says
To the first Interogatory. That he was born in the Town of Franklin Suffolk County Massachusetts May 28th 1759.
To 2nd he has no Record of his age
" 3. He resides in Hubbardston Worcester Co Massachusetts
When called into the service has resided in in Vermont
moved from there to Willsborough Essex Co New York and
now resides there
" 4. He was three times Drafted twice he volunteered and
Once took the place of his father as a substitute, namely
for Ezra Pond Senior
" 5. all answered in the Body of the Declaration
" 6 [illegible] a Written Discharge from the Service
" 7th Rev Elijah Burdick & Levi Higby Esq. the same persons who
made the certificate for me before the Court
And the said Ezra Pond further says that in
Consequence of having been frequently sick his fathers Intellect have been much impaired within a few years
Consequently his recollection of past events is not so Clear as they otherwise would be. that he believes were
he able to travel or defray the Expense of sending to his former residence in Massachusetts he could
then find some persons living who could swear to
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some part of his service but that he is poor and
destitute of such means & too infirm to travel but a short distance.     Ezra Pond
Sworn to & subscribed at
Essex this 17th day of June
1833 before me
Edwd S Coyle Com' of Deeds
I Edward S Coyle the Justice before whom the foregoing affidavit of the loss of memory and length of Service of the above man
a applicant was sworn to and also the [illegible] before whom the foregoing affidavit or Amendment of the [illegible]
declaration was sworn after investigating the matter and after pulling the Interrogatories prescribed by the department do hereby
declare my opinion that the above named applicant Ezra Pond was a Revolutionary Soldier and served as he states
In Witness whereof I have hereunto set my hand at Essex
this 17th day of June 1833 Edwd S  Coyle
State of New York
Essex County
Clerks Office SS. 
I Perseval Morse deputy Clerk of the
County of Essex do hereby certify that Edward Coyle the Justice of the Peace before whom the foregoing affidavit
of Loss of Memory purports to have been sworn to and also the Commissioner of Deeds before whom the above affidavit or amendment of the [illegible] Declaration for a pension purports to have been taken & sworn to was at the date of the same as when the same appears to have been taken a Justice
of the Peace and a commissioner of Deeds in and for the County of Essex duly qualifies and authorizes in Either
Capacity to administer oaths, and that I am well acquainted with the hand writing of the same Justice & Commission and
verify below that his signature to the Jurals of the foregoing affidavits & amendments of declaration to be his genuine hand writing.
In Testimony whereof I have hereunto set my
hand and affixed my Official Seal of Office
this 20th day of June AD 1833
P. Morse, Dep. Clerk
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State of New York
Essex County

On this Twenty sixth day of September
in the year of our Lord 1832 Personally appeared in Open Court, before
the Judges of the Court of Common Pleas of said County now Ezra Pond a Resident of the Town of Willsborough in the County
of Essex and State of New York aged Seventy three years, who being first duly sworn according to Law, doth upon his said oath
make the following Declaration, in order to obtain the Benefit of the Act of Congress passed June 7th 1832
-
that he entered the service of the United under the following named
Officers, & served as herein stated. Towit -
1st That he was drafted in the Town of Hubbardston in the County
of Worcester in the State of Massachusetts.  - On the first day of May in the year 1777 for two months service in the Massachusetts
Militia under Captain Houghton of St Peters[illegible] and served
in Col. Josiah Whitneys Regiment. That he joined his company & Regiment at Hubbardston at which place he resided when he entered the service, and marched to Providence, Rhode Island and
was stationed there during the two months for which he engaged or was Drafted. The British were then in possession of Newport Island & during the time he was stationed at Providence the American Troops were marched to Warwick Neck having recd
information that the British had landed there & were slaudering the Inhabitants - on arriving at Warwick neck the British had returned to New Port having carried away Considerable plunder. & returned to Providence where he
remained untill the two months had expired when he was Discharged & returned home - did not receive a Written Discharge. was Dismissed about the first July 1777.
& was in no Battle during his time of service & was not stationed with any Continental troops during the time.
2 " That he volunteered in the fore part of the month of August in the year 1777. believes about the 10th. Under Capt Boynton of Winchendon Massachusetts ... in a Company of Volunteers. On [illegible] , that the British were on the march to Bennington Vt at which place the United
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States had considerable publick Property stored, and attached themselves to Col. Thomas Cushings Regiment Massachusetts Militia & Marched to Bennington Vt. but before we arrived at Bennington the British army under command of Colonel Baum had been defeated by General Stark with a Body of Vermont & New Hampshire Militia. The Massachusetts Troops to which he belonged were kept at Bennington about four weeks Guarding the Publick Property & Military Stores, and were discharged at that place about the last of September in the year 1777 having been out from the time of leaving home about six weeks. did not [illegible] a written discharge but men paraded & [illegible] under arms by Col Cushing. & was not in any action during this term of service. he resided when he entered the service at Hubbardston
Worcester County Massachusetts
3rd Soon after his return from Bennington believes about the seventh or Eighth of October in the year 1777. he was drafted in the Militia of Hubbardston Massachusetts, for four months service and entered the service of the United States at the time and place aforesaid under Captain Peter Bent of Rutland Massachusetts & served under Col. Thos Cushing & Col. Thomas Rand & Major Bowman of a Regiment of Massachusetts Militia, & marched from Hubbardston to Bennington Vt from there to [illegible] in the State of New York & from there to Manchester in Vermont & on to Cambridge in the State of New York at which place
they remained a short time & were scouting through Cambridge + [illegible]. & the neighborhood until the remaining part of the Regiment arrived when they marched to Saratoga & arrived there at a place called Bemis Heights or
Stillwater a few days previous to [illegible] at the Battle of
Bemis Heights. On the second engagement between the
British Army under Gen Burgoyne & the American Army 
under Genl Gates - The Regiment to which he belonged was not Brot into action but were kept in reserve for a reinforcement & were Ordered to march & did march on to the Battle ground Just as the firing ceased -. He recollects Genl Gates & Genl Arnold
of the Continental Line & distinctly recollects that Gen Fraser was mortally wounded in the Battle & died soon after of his wounds
Soon after the Battle Burgoine Marched his any to Fish Creek
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at which place he surrendered his army to the Amercan Forces
under Genl Gates the latter part of October 1777.  And
Soon after the Surrender of Burgoyne - he was marched
with the American Army to Albany & Stayed there a short
time and then marched to White Plains at which place
he remained during the rest of his four months service.
While stationed at White Plains they were marched to
Frog Point to meet Genl Clinton with his Army &
The found some Continental troops under command of
Genl Putnam when they arrived at Frog Point they
formed a line & remained a whole day under arms [illegible]
the British declining to come to Battle they returned to White
Plains when he was Discharged, and returned home having
served for four months including the time allowed him to return
home .. did not [illegible] a written Discharge - he still resided
in Hubbardston Massachusetts when he entered the service
for the above term
4th Immediately on his return home, he was again called
into the service of the United States - being drafted for the
purpose of guarding the British Prisoners of War who were
Kept at Rutland in Massachusetts, and marched to
Rutland under a Militia Captain & his company officers
of whom he cannot recollect the names of none. He was
kept on duty at Rutland for a little more than
One Month & was discharged at the time the
Prisoners removed from Rutland to [illegible] for
Winter Quarters  - is not sure what time in the season
it was but recollects it was Winter weather. Recd no written
discharge.
5th In the Spring of 1778 he again entered the Service of the United
States under Captain Stone (he believes) & Leaut Robert
Murdock & the Ensign he cannot recollect, He volunteered to march
to Rhode Island. his company was attached to Colonel
Jonah Whitneys Regiment of Massachusetts Militia - formed
his Company about the 1st June at Hubbardston, and
marched to a place called Ivy Town on the East side of
New Port Island, when they found Genl Sullivan for his
Expedition on to New Port Island. They lay at Troy Town
about a fortnight and then crossed in [illegible] & by
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Howlands Ferry onto New Port Island & Remained on the Island Erecting Fortifications Two weeks when the French arrived at New Port under Count  D'Estaing - after the French fleet sailed from Newport, and meet with Boston General Sullivan raised the seige & returned from the Island recrossing Howlands Ferry & lay at Troy Town when Gen Clinton landed at Rhode Island with the British
Troops, they remained at Troy Town a few days and
then marched along the shore toward Providence and
Occasionally he was out in scouting parties. [illegible] he
was Discharged the fore part of August 1778 and
returned home having Served nine weeks beside
the time it took him to go home - did not receive
Written Discharged
5th He entered the service of the United States as a substitute for his father Ezra Pond, who was drafted at Hubbardston Massachusetts for three months service, he started from Hubbardston. he believes some
time in the month of July in the year 1780 in company with a number of the Drafted men & went directly to West Point on the Hudson River where he joined the company to which his father Belonged - does not recollect the names of any of his
field or Company Officers - General Arnold had command
at West Point and after the Regiment to which he belonged had been at West Point a short time Genl Arnold Ordered them to march to Kings Ferry at which place there was a small Fort
He marched accordingly & Remained there until Arnold left West Pink & was stationed at Kings Ferry when Major
Andre was brot in by Paulding Williams & Van West after
Arnold went to New York Gen Washington took command at West Point himself for a short time & called in the Troops which Arnold had ordered out. Some from Peekskill & some from White Plains, his party however were not marched from Kings ferry and he remained there until his three months service was out & was dismissed at Kings Ferry Some time in October as he believes [illegible] the time when Maj Andre was Executed at Tappan & Returned home. That he was not in any Battle during this period of Service that the Regiment & Company in which he served were Massachusetts Militia
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and on being discharged at Kings Ferry Most of the men returned home to Massachusetts & he further declairs & says that he was born in the Town of Franklin in the County of Suffolk & State of Massachusetts on the 28th day of May in the year
1759 as he believe has no record of his age -  That he resided
in Hubbardston in Worcester County in Massachusetts at the
Commencement of the Revolutionary War and continued
to reside there about fifteen years after the close of the
War removed from there to [illegible] in Orleans County in
the State of Vermont lived there twelve or fifteen years &
moved to Essex in the State of New York lived there one
Year then removed to Willsborough Essex County
New York & has lived there ever since & now resides there
That he has no Documentary Evidence, and that he is
not certain that he can provide the Testimony of any Person
who can testify to his service.
He hereby relinquishes his
Every claim whatever to a Pension or annuity except the
[illegible] and declares that his name is not on the Pension Roll of the agency of any State
Ezra Pond
Sworn to & Subscribed the day & year aforesaid
In open Court Leonard Stow Clerk of Essex Com Pleas
W. Elijah Benedict [illegible], residing in the Town of
Essex and Levi Higby residing in the Town of
Chesterfield do hereby certify that we are well acquainted with
Ezra Pond who has subscribed and sworn to the above
declaration; That we believe him to be Seventy three years
of age that he is reputed & believed in the Neighborhood where he resides to have been a soldier of the Revolution and
that we concur in that Opinion
Sworn & Subscribed the day & year aforesaid before me in open Court Leonard Stow Clerk of Essex Com Pleas
E Benedict
Levi Higby

[illegible] the said Court do hereby declare these opinions, after 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
And Served as he states, and the Court further
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Certifies, that it appears to them that Elijah Benedict who
has signed the preceding certificate, is a clergyman resident
in the Town of Essex, and that Levi Higby Esq
who has also signed the same is a resident in the Town of
Chesterfield and is a credible person, and that their Statement is entitled to credit
signed by order of the court
Leonard Stow Clerk of Essex com Pleas
Leonard Stow Clerk of the Court of Common Pleas of the
County of Essex do hereby certify that the foregoing
Contains the original proceedings of the said Court in the
matter of the application of Ezra Pond for a Pension
In Testimony Whereof I have hereunto set my hand &
Seal of Office this 26th day of September 1832-
Leonard Stow Clerk
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13790
Erza Pond




Hon, R. Whallon
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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 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 showing the Service of Ezra Pond

[tabular chart follows with field headings left to right]
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.

[table entries follow; each entry left to right]
Draf - 1777   2 [months] Private   Capt. Houghton  Col. Whitney -- [no battle listed]  marched to Providence R Island & was there until discharged age 73 Worcester Massachusetts in Hubbardtown Traditionary

vol - 77  "about 6 weeks" Cap Boynton  Col Cushing [no battle listed]

Draf - 77   4 [months] [rank illegible] Cap Bent  Lt Col Rand [illegible] Bowman Genl Gates [no battle listed] Marched to Bennington and [illegible] to Bennington to New York from there to Vermont on to Cambridge State of [illegible] Saratoga

draf again during the winter and served a little more then  1 [month] Genl Sullivan   

[illegible] 1778 Served [illegible] with Capt Stone Lt. Murdock  Col Whitney

1780 "   3 [months]  [rank illegible]   Genl Arnold [illegible battle] (He says his Regt was not engaged in the battle, but was on the ground as a reserve) Removed Albany, while [illegible] and there discharged -  Rutland State of Massachusetts & Marched to Troy Town where he joined Sullivan. Went to [illegible] Island then to Providence & was then disch? to West Point [words marked out] Kings Ferry (at the time Arnold left the point and Andre was [illegible] and there discharged

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 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 }ss.
County of
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 provion 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
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 enered 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 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 applicacation 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 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 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 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 ---------; 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 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 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 ffix 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 https://catalog.archives.gov/images/misc/drag.pngpaper 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 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.
Page 19

Rev War
14181
INVALID
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File No. 14,181
Ezra Pond
Priv Rev War
Act: June 7 1832
Index: -- Vol. Page 300
[Arrangement of 1870.}
Dec 10 '96 To
Mrs J.S. Chase
De Pere wis