Revolutionary War Pension and Bounty Land Warrant Application File S. 7535, for William Smith, Pennsylvania
Page 1

(3-1776)

SERVICE
Penn.

Smith, William

NUMBER 
S. 7535
Carded
____________________________
CONTENTS
file York County, Pa. Dec. 3, 1760
Res York Co at [illegible] Ross Co, O. 1833
Page 2

Ohio 25.730
-----------------------------
William  Smith
of Ross Co in the State of Ohio --
who was a pri in the company commanded
by Captain Wilton of the Regt commanded
by Col Kennedy in the Pennsylvania
line for militia
9 mo Private - $30.00
-------------------------------
Inscribed on the Roll of Ohio --
at the rate of 30 Dollars--cents per annum,
to commence on the 4th day of March, 1831.
------------------------------
Certificate of Pension issued the 2nd day of Oct. 1833 and sent to Hon Wm Allen, Hs of Rep
------------------------------
Arrears to the 24th of Sept 1833     75. ~
Semi-anl. allowance ending 4 Mch '34  15
$90.00 [double underlined]

{Revolutionary Claim, }
{Act June 7, 1832.       }

Recorded by J. T. Sprague Clerk,
Book C  Vol. 8   Page 25

[written in faded handwriting at bottom}
Sur. File 7535
Page 3

Declaration, in order to obtain the benefit of the Act of Congress, passed June 7th 1832

The State of Ohio}
Ross County} SS.

On this 15th day of October in the year of our Lord one thousand eight hundred and thirty three, personally appeared  in open court, before the Judges of the Court of Common Pleas for said County, now sitting, William Smith, a resident of Paint Township in the County of Ross in the State of Ohio, aged seventy 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 7th 1832.  That, from information from his Parents, as well as a copy taken from the record of his birth made by his father in his family Bible, he was born in the County of York (now Adams) in the State of Pennsylvania on the third day of December 1760.  That he resided with his father in York County in the State of Pennsylvania at the commencement of the Revolutionary War, from which place, on or about the 20th of July 1776, he entered the service of the United States in the Revolutionary War, as a Volunteer for five months in a Rifle company in the Militia, commanded by Captain David Wilson and Lt. John Black, and was attached to the Regiment commanded by Colonel Michael Swhoop--sic) (Swope) and Lt. Colonel David Kenady--sic (Kennedy) at Amboy, having been marched with his company from his residence, through Philadelphia, Trentown--sic (Trenton); Princetown--sic (Princeton); Brunswick, to Amboy, from whence he, with the Regiment to which he was attached, was ordered, and marched to Powlers--sic (Powler) Hook opposite New York, near which place he, with the Regiment, remained during the battle on Long Island, not  being able to cross the North River to join the Americans on the Island; after the battle, and retreat of the Americans, he was marched back to Amboy; shortly after which he with a select company or companies of Riflemen under command by Major Clark, moved on to Staten Island and took about 70 Hessians, and returned to Amboy.  He was afterward marched to Fort Lee on the West side of the North River opposite Fort Washington, from whence he, with other Riflemen, under Major Clark went further up the River to save some cattle, and before they returned, his Colonel (Swhoop--sic) (Swope) and most of the remaining part of the Regiment had passed to Fort Washington, where they had a battle and were all taken prisoner;  after which, General Washington evacuated Fort Lee, and with the remaining part of the army situation with General Washington
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through the State of New Jersey, and crossed the Delaware River near Trentown sic (Trenton) where he remained a number of days, and was attached to a company under the command of General Ewing and sent down the river to cross over to Burlington to attack some Hessians, but could not cross on account of floating ice, and before they returned, Washington had crossed the river and taken the Hessians, where he also crossed and joined Washington - and remained with him until his five months had fully expired, and some days over; when he was discharged and returned home.  And on or about the first day of September 7th, 1777, he again entered the service of the United States as a Drafted Soldier in the Militia, in the Revolutionary War on a tour of two months, from his father's house in York County, Pennsylvania under Captain McClean--sic (McLane), and was attached to Colonel Dunlap's Regiment and was marched to White Marsh, and Philadelphia, from whence he was marched to Germantown and was in the Battle at that place under General Smallwood of Maryland  whence he was marched down to General Potter's Company on the Schuylkill River, where he remained till the expiration of his tour of two months, when he again entered the service of the United States before leaving  the company under Captain Black, as a substitute for David McLelland a drafted soldier in the Militia, on a tour of two months, which tour he also performed in full, under General Potter at different places on the Schuylkill River as a guard, to prevent the enemy from crossing the river, or Tories from having intercourse with them, and having completed his two tours of two months each, he was discharged and returned home; having altogether, served the full amount of nine months, as a soldier in the Militia in the Revolutionary War, for which he claims a pension under the Act aforesaid.  That after he returned from the Army as above states, he resided with his father at York County, Pennsylvania, till the fall of the year 1783, when he moved to Washington County, Pennsylvania, from whence in the year 1901 he moved to Ross County, in the State of Ohio, where he now lives.  That he has no documentary evidence, and knows of no person now living whose testimony he can provide; who can testify to any of the aforesaid services.  That he hereby relinquishes
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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.

SIGNATURE - William Smith

Sworn to and subscribed,
the day and year aforesaid.
SIGNATURE - Humphrey Fullerton, Clerk

----
We, Pleasant Thurman, a clergyman, residing in 
Chillicothe in the County of Ross and State of Ohio, and John McClean and Duncan McArthur, 
citizens of this County and here residing, certify that we are well acquainted with William Smith who has subscribed and sworn to the above declaration that we believe him to be seventy-two years of age and that he is separated and believed in the neighborhood when he said to have been a soldier of the Revolution, and that we believe him to be a man of truths, and that said Duncan McArthur further sates that he has been acquainted with the said William Smith for about forty five or forty six years that he was first acquainted with him in Washington County, Pennsylvania where he acted as a Justice of the Peace for many years and was always considered a man of  respectability.

SIGNATURES - Duncan McArthur, Pleasant Thurman and John McLean

Sworn to and Subscribed in open Court October 15, 1833
Signature - Humphrey Fullerton, Clerk
Page 6

In the matter of William Smith for a pension the court hereby declare their opinion after the investigation of the matter and after putting the interrogatories prescribed by the War Department that he above named applicant was a revolutionary soldier and served as he states, and the court further certifies that it appears to them that Pleasant Thurman who signed the preceding certificate is a Clergyman resident in the Town of Chillicothe, Ross County, and that Duncan McArthur and John McClean who has also signed the same as residents in Ross County and are credible persons and that their statements are entitled to credit.

The State of Ohio
Ross County SS.

I, Humphrey Fullerton, Clerk of the Court of Pleas for the county aforesaid do hereby certify that the aforegoing contains the original proceedings of the court in the matter of William Smith for a pension.

In Testimony which I have hereunto set my hand and affixed the Seal of said office this 14th day of November A. D. 1833 and of this state the 31st.  
SIGNATURE - Humphrey Fullerton, Clerk,--

Handwritten bottom left-hand corner - Honorable W. Alla
Handwritten bottom right-hand corner - William Smith
Page 7

February 6, 1936.
XXXXXXXXXXXXXXXX
BA-J/ady
William Smith
S.7535


Mrs. L. D. Prewitt
Forest City, Iowa

Dear Madam:

Reference is made to your letter in which you request the Revolutionary War records of William Smith, a pensioner, who died in Ohio, Thomas Bishop who received land warrant 2794 for one hundred acres for service in the Virginia Continental line, and of Thomas Crow, listed under Kentucky Land Grants, Jefferson County.

There is no claim for pension or bounty land on file based upon service of a Thomas Bishop or Thomas Crow of Virginia or Kentucky.  Your citations in regard to land do not pertain to United States land grants, but to land which was granted by the State of Virginia.

The record of William Smith is furnished you herein as found in the claim for pension based upon service in the Revolutionary War.

William Smith was born December 3, 1760, in York County, that part which was later Adams County, Pennsylvania.  The names of his parents are not shown.

While a resident of York County, Pennsylvania, William Smith enlisted July 20, 1776, served more than five months as private in Captain David Wilson's Company, Colonel Michael Swope's Pennsylvania Regiment and was engaged in the capture of seventy Hessians on Staten Island.  He enlisted September 1, 1777, served two months as private in Captain McClean's Company, Colonel Dunlop's Pennsylvania Regiment and was in the battle of Germantown.  He then enlisted and served two months as private in Captain Black's Pennsylvania Company.

He resided with his father in York County, Pennsylvania, until the fall of 1783, when he moved to Washington County, Pennsylvania, and in 1804 moved to Ross County, Ohio.
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He was allowed pension on his application executed October 15, 1833, at which time he was a resident of Paint Township, Ross County, Ohio.

There are no family data.

Very truly yours

A. D. HILLER
Executive Assistant to the Administrator

Date of death not on A.B.
Page 9

[LEFT PANEL]
1911 September 14.  History to Mrs. Lewis Clark Waldo

1936 History to Mrs. L. D. Prewitt, A.D.Y.
Feb. 6
-------------------------------

[RIGHT PANEL]
Rev War
7535
INVALID.
------------------------------
File No. 7535
William Smith
Private, Rev. War
------------------------------
Act:  June 7th 1832

Index:--Volume [illegible], Page 341

[Arrangement of 1870.]
Page 10

Reference 25,730
Act June 1832
last paid March 4, 1835.  on March 7, 1835 
[illegible], Saml Williams att at date of loss [illegible] resident Ross Co. Ohio for 30 prior residence in Pa.

Reported by Genl Accounting Office, Mar 13, 24
Page 11

O. W. and N. Division.        3-525
DEPARTMENT OF THE INTERIOR,
Bureau of Pensions,
Washington, D.C. _________, 190_.

    In reply to your request of _____, received ______ for a statement of the military history of William Smith a soldier of the REVOLUTIONARY WAR, you will find below the desired information as contained in his application for pension on file in this Bureau.   S. File 7535.
____________________________________________
Dates of Enlistment or Appointment/Length of Service/rank/Officers Under Whom Service Was Rendered/State.

July 20, 1776/ 5 mons/Pvt/Capt. David Wilson/Colonel Michael Swope/Pa

Sept 1777/ 4 mons/Pvt/Capt. McClean Capt. Blair Colonel Dunlap/Pa
______________________________________________
Battles engaged in, Capture of Hessians on Staten Island & battle of Germantown.
Residence of soldier at enlistment, York Co, Pa.
Date of application for pension, Oct 15, 1833
Residence at date of application, Perry Twp, Ross Co, Ohio
Age at date of application, York Co, Pa. Dec. 3, 1760.
Remarks:  Date of death not stated.  No Family data.  For date of last payment of pension and to whom paid, apply to the Aud. for the Int. Dept, U.S. Treas. Dept. active all of the data: William Smith  cts. #25,730, received Dec. 27, 1833 under Act June 7, 1832 as the Ohio Agency.

Very Respectfully,

Commissioner.

31793b5m1c-07
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RECEIPT STAMP - RECEIVED JANUARY 20, 1936  REVOLUTIONARY WAR DIVISION

Forest City, Iowa
January 26, 1936

Veterans Administration
Bureau of Pensions
Rev. War Depart.
Washington, D. C.

Dear Sirs;

I shall be very appreciative of any information you may be able to give me on the following questions:

(1)  Did Wm. [checkmark] Smith (1760-1836) who served in the Revolutionary War as private under Cols. Swope and Dunlop in the Pa. line receive a pension?  If so, will you give me any information by way of data you have on record in connection with it.  He was born in York County, Pa. and died in Ross Co. Ohio.

(2)  Will you give me information on file in connection with the following:  Warrant 2794 - Bushop (Bishop), Thomas - 100 A. - Private, Va. Continental Line - 3 years, March 19, 1784.

(3)  Listed under Kentucky land grants is one to Thomas Crow - Jefferson County, 1781-1789.  Do you have any information regarding that, or could you inform me where such information is available?

Thank you very kindly,

Very Respectfully yours,

Signature - Lela W. Prewitt

Mrs. L. D. Prewitt
Forest City, Iowa
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RECEIPT STAMP - DIVISION OF RECORDS, SEP 7, 1911

Sep 9, 1911

To the Commissioner of Pensions:
Honorable Sir:

My ancestor, William Smith, served in the American Army during the Revolution; and to perfect my application for membership in the Daughters of the American Revolution, I am seeking at your hands particulars regarding him, as I understand he received a pension.  I would esteem it a great favor to be made acquainted with the facts in his case.  

Herewith I submit what is
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2

known to the family regarding him.

William Smith, born in (Dec 3) 1760 supposed in Pa. near Valley Forge.
died at Greenfield, Ohio, March 4, 1836 and is buried there: Greenfield, Highland Co. Ohio.

It was well- known to the family that he served in the Revolution.  Wife's name Catherine Robinson.  I descend from a daughter, Mary or Molly Smith, born in 1791: who married Dr. John Boyd, a physician of highland County, O., in 1828.  This marriage took place in Greenfield, Highland Co., Ohio, the lady becoming Dr. Boyd's second wife.

The family have learned that there were several Revolutionary pensioners sharing the name "William Smith" who were residents in Ohio.  The Sons of the revolution have named some of them in their publication in Ohio--
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3

One of my relatives, Mr. J. Milton Boyd, of Hillsboro, Highland Co., O. at present in his 94th year, writes me that he knows his ancestor William Smith (born 1760; died 1836, in Highland Co. O.,) was a Revolutionary Soldier; and gives me directly the facts on Page 2 of this letter.  He says William Smith had 9 children. 
I understand that the "Census of Pensioners of 1840" mentions a "William Smith", resident in Concord, Highland Co., ^ Ohio, as Thomas Miller's: his age is given as 90 years, sot that his birth must have been in 1750: and his death in 1840 or later: so this does not identify him with our ancestor, from 1760: Died 1836: unless his wife was "Cath. Robinson".

The librarian here informs me that there was a Wm. Smith of Highland Co., O., placed on pension roll 1818: age in record 82 years; who could hardly have been my ancestor:
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4
and that a William Smith of Monroe Co., Ohio, was placed on the roll in 1833, age 73 years; which would make it appear that he was born in 1760, the birth year of my ancestor.  Monroe Co. is near {Pennsylvania, Virginia, and I have always heard my ancestor served in Virginia.  It is also near Marietta, Ohio, where relatives of "Wm. Smith" still reside.  I suppose your office has record of names of wife and children of pensioners, so that you can find the record I need through the name of my ancestor's wife "Catherine Robinson ^ Smith" to whom her husband's pension may have been [illegible].

Praying your kind assistance, I am, with high respect, yours most truly,
Mary Elizabeth Roby Waldo [signature]

Children:

Mrs. Lewis Clark Waldo,
106 Canfield Avenue
^ West Detroit, Mich.

[stamp]
U. S.
PENSION 
OFFICE
SEP
7
1811
Page 17

RECEIPT STAMP - U. S. PENSION OFFICE SEPTEMBER 7, 1911 
(around the stamp is written:  ack. Sept. 8, 1911 am)
SECOND RECEIPT STAMP - RECORD DIVISION SEPTEMBER 7, 1911

8.  William Smith:  Delaware Cont.
Licking Co., Ohio.  Placed on Roll 1819: age 71 years.  Born about 1748.

Revolutionary Pensioners Residing in Ohio.
Report, Secretary of War, to Congress, 1st Session:  23d Congress. 

1.  William Smith:  Del. Continental
Dark Co., Ohio.  Placed on Roll 1818: age 83 years.  Born about 1735.

2.  William Smith:  Virg. Continental
Hamilton Co., Ohio.  Placed on Roll 1819: age 61 years.  Born about 1758.

3.  William Smith:  Penn. Militia: S.7,535
Ross Co., Ohio:  Placed on Roll 1833: [1818 crossed out] age 73 years.  Born about 1760. [1756 crossed out]

9.  William Smith: 26 [illegible] S. Inf.
Butler Co. Ohio.  Placed on roll 1825.  No age given

4.  William Smith:  Virg. Continental
Highland Co., Ohio:  Placed on Roll 1818: age 82 years.  Born about 1736.

5.  William Smith:  Virginia Militia
[stamped star] Monroe County, Ohio:  Placed on Roll 1833: age 73 years.  Born 1760.

6.  William Smith:  Maryland Continental
Trumbull Co., Ohio:  Placed on Roll 1818: age 76 years.  Born about 1742.  Census of Pensions, 1840.

7.  Wm. Smith, Concord, Highland Co., Ohio (at home of Thos. Miller) age 90 years.  Born about 1750.
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25,730
William Smith
Ross Co., Ohio

Adm for 9 Months
$30.00

Hon. William Allen
Ho of Reps
Page 19

WAR DEPARTMENT,
Pension Office.

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 companying 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,   (this: } ).   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
______________________________________________
______________________________________________
Period when this service was rendered.

Duration of the claimant's service.
Years.  Months.  Days.

Rank of the claimant.

Names and rank of the Field officers under whom he served.

Age at present, and place of abode when he entered the service.

Proof by which the declaration is supported.

I am, respectfully,
Your obedient servant,
JAMES 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, etc., Teamsters, Boatmen, etc.  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, mucicians 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 and 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 resides 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, etc.}

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       etc.

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 days and year aforesaid.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War department, that the above named applicant was a Revolutionary Soldier, and served as he states.  And the Court further certifies, that it appears to them that A.B. 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 statements 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       etc.
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 also, in the investigation of his claim, and in the comparison of his narrative with the events of the period of his-
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alleged service, as they are known at the Department.  A very full account of the services of each person 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 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 inquiry 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 periods 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 reasons 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, etc. 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 services I claim a pension."
It is important, in all cases, to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the Pensioner and length of his service.  The use of the phrase about three or four months, is too indefinite, and all such qualifying expressions are objectionable.    Some persons who apply for Pensions merely state that they served two years in the militia, etc. 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 office should accompany the papers.
Mode of authenticating papers.
In every instance where the certificate of the certifying officers who authenticated 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 officers, 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 officers, 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 declarations.