Revolutionary War Pension and Bounty Land Warrant Application File S. 13337, Josiah Hand, Continental (New York)
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Service: Continental (New York). Hand, Josiah. Number: S. 13337. Carded.
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Dead.
Order to pay July, 27. 1837


20.802
New York
Josiah Hand
of Suffolk Co. in the State of New York who was a Private in the [Company?] commanded by Captain Hale of the [Regiment?] commanded by Col. Webb in the New York line for 1 year.

Inscribed on the Roll of New York at the rate of 11 Dollars 0 Cents per annum, [to?] commence on the 4th day of March 1831.

Certificate of Pension issued the 5[?] day of Oct. 1833 and [?] Claimant Southampton

Arrears to the 4th of Sep[?] '23      $100
Semi-ann. allowance ending in '34   $20
                                                             $120
                                                 {Revolutionary Claim, Act June 7, 1832}
Recorded by Pv.[?] C. Gily[?]
Book E. Vol. 4. Page 91
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State of New York}
County of Suffolk} ss.
On this {[illegible] th day of October in the year of our Lord one thousand eight hundred and thirty two, personally appeared [crossed out]
in the Court of Common Pleas in and for the said county of Suffolk. Josiah Hand, a resident of the town of Southhampton in the said county of Suffolk and the State of New York, aged Seventy Six years, who being 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 he entered the service of the United States under the following named officers and served herein Stated, namely Capt. Nathan Hale, Lieu. Benton, Ensign Halbert, Col. Webb and Col. Hall. That he entered the service on the first day of January in the year 1776, and left the same on the last day of December in the said year 1776. That he resided in the town of Southhampton in the county of Suffolk and the State of New York when he entered the service. That he entered said service as a volunteer, that he marched from New York to White Plains, was in the battle at that place. And from thence he marched into the Jerseys, from there into Pennsylvania, crossed the delaware at East town, recrossed the delaware at Trenton, at which place assisted in the capture of one thousand Hessians, that he marched from White Plains into the Jerseys under Gen Lee. That he knew Gen. Sullivan. Geo Sterling, Gen. Putnam and Gen. MacDugal. That Capt. Hale was captured as a spy ^he believes on York Island and hung as such by the enemy. That he has no documentary evidence. He hereby relinquishes every claim what so ever to a pension or annuity except the
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the present, and declares that his name is not on the pension roll of the agency of any state. That he has lived in the said town of Southampton ever since the revolutionary war. That he has a record of his age, and according to such record he was born in the year 1756.
Josiah Hand
Sworn to and subscribed the day of the year aforesaid.
(viz; 10 Augt.1832) before me
Jonathan S Conklin, Judge
RE. Sworn this 2nd day of October 1832, in open Court}
Joseph R Hunting, Clk
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16280
Josiah Hand
Suffolk County
New York

Admitted
Private 12 months

Joseph Huntting [crossed out]
East Hampton [crossed out]
New York [crossed out]
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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 you papers to this Department, send this printed letter with them, and you will, when complying with this request, greatly facilitate the investigation of you claim.

Statement, shewing the Service of Josiah Hand, Suffolk County, N.Y.

Period when the service was rendered|
Jany. 1776

Duration of claimant's service|
1 Year, 0 months, 0 days

Rank of the claimant|
pr.

Name and Rank of the Company officers under whom he served|
Capt. Hale

Name and Rank of the General and Field Officers|
Col. Webb.
Gen. Lee

Battles in which the applicant was engaged|
White Plains

Country through which he marched|
N'York
Jersey
Pa.

Place of abode when he entered the service, and age at the present period|
7th Southampton-
Suffolk Co. N'York|

Evidence by which the declaration is supported|
Traditionary  
Living Witness

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

There were no enlistments of 12 mo as early as '76 in the regular service and that term is too long for militia- Claimant will shew the line in which he was engaged
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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 of District of
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
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 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.
[And then will follow the certificate of the Court.]
A. B.
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 state I 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 Recrord 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 propose 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 year 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 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.
     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 of County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record,  or a Justice of the peace, and that the signature annexed is his genuine signature.
       No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.
  [a] The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance.
  [b] The declarant must make his declaration in the county where he resides. If he should fail to do so, he 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 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 is 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 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 late 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 there is no public seal of office, the certificate of a Member of Congress, proving the official character and signature of the certifying officer, should accompany the papers.
         Mode of authenticating papers.
     In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other papers authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent say paper from being improperly attached to the certificate.
               Proof of  Service
    [j] In a case where the name of the applicant is not found in 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 oath 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.
    (sign of a pointing hand) 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 is note [j] applies to continental troops only.
    [k] This traditionary evidence is indispensable in militia cases. 
    [l]  If a witness cannot be found, the de 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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Reoham        13334
                     INVALID

File No.   13.3 37

Josiah Hand
Pri  Nev Mar
Act: Janne 7th 32
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This may certify that the undersigned has for many years been well acquainted with Josiah Hand of South Hampton, that he is a man of veracity, and that he is reputed by his neighbors to have been a Soldier of the revolution, and believed to have served in the American Army during the term specific is his declaration made before Jonathan S Conklin, Judge of the Court of Suffolk County in the State of New York.
Sag Harbor, Oct 10, 1832
John D Gardiner, Clergyman
resident in this place
Sworn and Subscribed this
10th day of October, 1832
before me H.B. Havens, Justice Peace
Suffolk County I Joseph R Huntting Clerk of the County of Suffolk Do certify that Henry B Havens before whom the above affidavit was taken is a Justice of the peace for Said County that I am well acquainted with his handwriting and verily believe the Signature to be genuine. In testimony whereof I have hereunto Set my hand and affixed the Seal of Said County this (illegible) day of October 1832.
Joseph R Huntting, Clk
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I, David Hildrith, residing in the town of Southampton, county of Suffolk and Sate of New York, hereby certify that I am well acquainted with Josiah Hand, who has subscribed and sworn to the foregoing declaration, that I know the fact of the said Josiah hand entering the service of the United States as a soldier in the revolutionary war, and that he served therein for the term of twelve months.
Sworn and subscribed this 10th day of August in the year 1832 before me
David Hildrith x his mark
Jonathan S. Conklin, one of the Judge of the Common Pleas of the County of Suffolk

I, Stephen Jessup, residing in the town of Southampton, county of Suffolk and State of New York, hereby certify that I am well acquainted with Josiah Hand, who has subscribed and sworn to the forgoing declaration, that he the said Josiah Hand was in the service of the United States as a soldier in the war of the revolution.
Stephen Jessup
Sworn and subscribed
 this 10th day of August
in the year 1832 before me.
Jonathan S Conklin, one of the Judges of the Com. Pleas of Suffolk
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And the Said Court do hereby declare their opinion after the investigation of the matter, and after pulling the interrogatories prescribed by the war Department that the before named applicant was a revolutionary soldier and served as he states, And the Court further certifies that it appears to them that Davis Hildreth, Stephen Jessup and David Hand who has subscribed the preceding certificates, are residents of the said town of Southampton and are credible persons and that their statements are entitled to credit, and further that it would in their opinion be productive of too much inconveniences and expense to require the personal attendance in Court of the Said, Daivid Hildreth, Stephen Jessup, and david hand.
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I, Davis Hand, residing in the Parish of Sag Harbor in the town of Southampton, county of Suffolk and State of New York, hereby certify that I am well acquainted with Josiah Hand who has subscribed and sworn to the foregoing declaration that I believe him to be seventy six years of age, and that I am personally acquainted with and knowing to the fact of his serving as a soldier in the war of the revolution
David Hand
Sworn and subscribed the 30th day of August 
1832 before me
Jonathan S Conklin, one of the Judges of the Court of Common Pleas in and for the county of Suffolk
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Josiah Hand
Declaration
16280
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I, Joseph R Hutting, Clerk of the Court of Common Pleas in and for the said County of Suffolk, do hereby certify that the forgoing contains the original proceedings of the said Court in the matter of the application of Josiah hand for a pension, and further that Jonathan S Conklin, who has taken the oaths of David Hildreth, Stephen Jessup and David Hand is a first Judge of the Said Court of Common Please
In testimony whereof, I have hereunto set my hand and Seal of office, this day of October, 1832.
Jospeh R Huntting, Clk
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Declaration of Josiah Hand in order to obtain a pension under the Act of June 7, 1832. 
Affidavits
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State of New York
Suffolk County
JP:
Personally appeared before me, the undersigned, a Justice of the Peace in the town of Southampton and county of Suffolk in the State of New York, Josiah Hand, who being duly sworn deposeth and saith thus as an amendment to the Declaration he has already made for the purpose of obtaining the benefits of the Act of Congress passed June 7th 1832, he would further state that he does not [illegible] knowingly what name the service he entered was called, but supposes it was called the State Service, as he enlisted on the first of January 1776, as he has already stated in his declarations, under one Obdyah Fosdick, an orderly serjeant belonging to Capt. Nathan Hale's company in the Regiment commanded by Col. Webb, at New London, Connecticut--that the said Fosdick came from New London as a recruiting officer for the purpose of getting men on Long Island to enlist in the Connecticut service, and this deponent says, that the reason why he enlisted in this service in preference to that of New York, his own state, or Province, was that the said Fosdick offered higher wages per month, and that a number of others in this part of the Island enlisted on or about the said 1st of January '76 on the same account.  That immediately after enlisting to this [illegible] repaired to New London and joined the Company of Capt. Hale--that soon after, the Regiment march to New York, and they were stationed on the West end of Long Island for a considerable time--that they continued here and in the City of New York till the Island was given up to the British, when they retreated
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back in York Island, and afterwards into Westchester at the White Plains, as he has already stated in his Declaration--  This deponent would further state that he is positive as to the fact of his enlisting as a volunteer in said Capt. Hale's company in the aforesaid Regiment of Col Webb of Connecticut for the term of one year from the 1st day of January 1776, and also that he actually continued in the service accordingly till the last day of December in the same year, when he quit this service at Trenton, New Jersey, and came home, and that during all this time he was not employed in any civil [illegible].

Josiah Hand [signature]
Sworn and subscribed the 8th day of June 1833  before me 
James M Niles [signature] Justice of the Peace

I, Joseph r. Huntting, Clerk of the Court of Common Pleas in and for the County of Suffolk in the State of New York, do hereby certify, that James M. Niles Esq. is a Justice of the Peace for said County, and that the above signature annexed is his genuine signature.  In testimony whereof I have herewith set my hand and affixed the seal of said County this 18th day of June 1833.
Joseph R. Huntting Clk [signature]