Revolutionary War Pension and Bounty Land Warrant Application File S 11939, Ebenezer Adams, Conn. New York

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SERVICE                                             NUMBER
Conn.       Adams, Ebenezer       S. 11939
New York 
CONTENTS
Born December 3, 1752 at Killingly Connecticut
Residence at enlistment and in 1832 Rhinebeck, Red Hook, Dutchess County New York

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Cet to Hon A Bock
= ce May 2 1834

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14918
New York 
Ebenezer Adams
f Redhook in the State of N. York 
who was a Private in the Camp commanded 
by Captain Livingston of the Reg. commanded 
by Col. Holmes in the N. York 
line for 10 mos & 28 d
N.Y and Continental. 
Records completed. May 31/05 JC
Inscribed on the Roll of N. York
at the rate of 20 Dollars 42 Cents per annum,
ts commence on the 4th day of March, 1831.
Certificate of Pension issued the 26 day of July
1833 and [Snth?] J Rowley
rep. Red Hook 
Arrears to 4th of Mo. ' [illegible]
Semi=anl. allowance ending 4 Sep ' 33
$72.84
  18.21 
----------
$91.05
{Revolutionary Claim, Act June 7, 1832.} 
Recorded by G. C. Stiles Clerk, 
Book E, Vol. 3. Page 41.

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Ebenezer Adams
additions by Tupple
Mental affidavit
[underline] dis allowed [/underline]
[Aomd?] 
10mo. 28 D

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State of New York
County of Dutchess } ss. On this twenty fourth day of September in the year of our Lord one thousand eight hundred and thirty two, personally appeared in open court before the Judges of the Court Of Common Pleas of the County of Dutchess, Ebenezer Adams a resident of the Town of Red Hook in the county of Dutchess aforesaid and State of New York aforesaid, age seventy nine years who being first duly sworn according to law, doth on his oath make the following declaration in order to obtain the benefit of the Act of Congress passed June 7. 1832. That he entered the service of the United States under the following named officers and served as herein stated. [crossed out] 
He first enlisted for the term of six months, and entered the service pursuant to such enlistment at the Town of Rhinebeck (now Red Hook) in the county of Dutchess aforesaid, at which place he then resided, in the 4th Battalion of New York Troops under the command of Colonel Holmes, on or about the first day of July in the year 1775. The Company in which he served was commanded by Captain Henry B. Livingston, First Lieutenant Jacob Thomas. In this company and under the above named officers he marched to the northern part of the State of New York and thence into Canada to St. Johns and was engaged in the siege and at the taking of that place. After this he marched to Montreal and was at the capture of that place. After the taking of Montreal and while there, on the first day of January in the year 1776, his term of enlistment expired, during which term he had continued in service, but he was not permitted to leave on account of the want of troops. Under these circumstances he again immediately enlisted for the term of three and a half months in a Connecticut Regiment under the command of Colonel Waterbury.

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as near as he can recollect. The officers of the company in which he served in this Regiment were Captain David Smith, Lieutenant Rice and Lieutenant Andrews. In this Regiment he continued in service at the garrison at Montreal from the first day of January 1776 to the first or second day of May following, not being permitted to leave when his term of enlistment expired. He was then discharged at Montreal, and owing to the difficulty of travelling he was two weeks in reaching his house. After this, but at what time he does not recollect, he was drafted and served for one month at West Point, New York in a company commanded by Captain Andrew Heermance, in the Regiment of Colonel David VanNess as he believed. This service he believes was in the early part of the summer 1778. He afterwards went in the service in the company commanded by the said captain Andrew Heermance and as he thinks in the same regiment of Colonel David Van Ness, and was engaged in this service in the Highlands nearly opposite of West Point, for about two weeks. At what period this was, he does not recollect [illegible] went at this time as a substitute, but in whose place he does not recollect. 
He was again in service at West Point, but at what time he does not recollect, in a company commanded by Captain John Clum in the Regiment of Colonel David Van Ness, as he believes. In this service he was engaged about two weeks. He went at this time as a substitute but for whom he does not know. He was out frequently at other times during the revolution, on alarms, but how often, when, how long, or under what officers he does not now recollect. He was called out at one time by

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the Town Committee at Rhinebeck ( now Red Hook) and served as one of its guard, and in scouting for disaffected persons, but at what time or how long he does not recollect. He also served about a week at one time under. The Town Committee at Rhinebeck Flats & was then employed in siezing horses and trains for the transportation of provisions to the army. - - - - 
And this applicant states that the whole time during which he was in the service of the United States as a solider in the Revolution, amounted to at least thirteen months. And this applicant further states that he was born on the third day of December in the year 1752, at the Town of Killingsly in the State of Connecticut. When about seven or eight years of age he removed with his father to the Town of Hartford in the State of Connecticut aforesaid, and in the year 1774 in the spring, he removed to Rhinebeck in the County of Dutchess & State of New York, in that part of the Town which is now Red Hook, where he lived when called into service, where he has lived since the revolutionary war & where he now resides. 
The names of some of the regular officers who were with the troops where he served are General Richard Montgomery, General Waterbury, Colonel Fleming, General Putnam, Captain Henry B. Livingston, Captain Smith, Captain Lamb, (afterwards Colonel) of the artillery. 
This applicant has no record of his age. He never received any written discharge from the service, to his recollection and has no documentary evidence of his service. The following persons to whom this applicant is known in his present neighborhood can testify as to his character for veracy [sic] and their belief of

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his services as a soldier of the revolution. Gotlope Martin, Nathan Beckwith, Andrew N. Rittle, Gamaliel Wheeler, Philip Pitcher, George A. Shufeldt, Henry Teator, Jacob C. Elmendorf. He hereby relinquishes every claim whatever to a pension or annuity except the present and declares that his name is not on the pension roll of the agency of any state. 
Sworn to & subscribed the day & year aforesaid } 
[signature] Ebenezer Adams 
[signature] Henry Traver Clerk 
We Nathan Beckwith and George A. Shufeldt residing in the Town of Red Hook in the county of Dutchess hereby certify, that we are well acquainted with Ebenezer Adams who has subscribed & sworn to the above declaration that we believe him to be seventy nine 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 to & subscribed the day & year aforesaid } 
[signature] Nathan Beckwith 
[signature] Geo A Shufeldt  
[signature] Henry Traver Clerk 
[Lines through next paragraph] 
And the said court do hereby declare their opinion after the investigation of the matter and after putting the interrogation 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 Nathan Beckwith and George A. Shufeldt who have signer the preceding certificate are residents in the Town of Red Hook in the

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State of New York
Dutchess County SS } Cornelius J. Elmendorph of Red Hook in the County of Dutchess aforesaid being duly sworn, deposes & says that he is well acquainted with Ebenbezer Adams of the same place & has been acquainted with him since the Commencement of the revolutionary war, and this department further says that he knows the said Adams enlisted at Rhinebeck (in that part now Red Hook in a company commanded by Captain Henry B. Livingston, sometime in the forepart of the summer of 1775, for the purpose of joining the army of General Richard Montgomery as was understood. This deponent then then lived in the same town & near the said Adams & saw him parade in the said company, and deponent knows that he was absent from home for a long time, but how long deponent does not recollect, and as was generally understood & believed & as deponent varily believes he was in the service of the United States during his absence in the northern army of Canada. This deponent further says that the said Adams was frequently out in service in behalf of the United States at other times during the revolution, but when or how long he does not know. Deponent has no doubt that the said Adams was in service at one time under him, this deponent, who was Lieutenant in acting as a guard of the Town Committee for about two weeks, as he thinks in the spring of 1777, & afterwards for about a week at Rhinebeck Flats in seizing trains for the use of the northern army, from incidents related by the said Adams, but deponent does not distinctly recollect his having been with him. This deponent knows the said Adams to have been a firm whig during the revolution, & always ready & willing to enter into the service of the

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United States when required, & that he is a man of veracity. 
Sworn & subscribed before me September 21st, 1832 }
[signature] Corenelius J. Elmendorph 
[signature] Jno Rowley Justice of the Peace

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State of new York
Dutchess county} ss - Nicholas Bonesteel of the Town of Redhook in the County of Dutchess aforesaid being duly sworn says that he is acquainted with Ebenezer Adams of the same place & has been acquainted with him since the commencement of the Revolutionary War -

a d this deponent says that he knows that the said Adams enlisted in a company commanded by Captain Henry B. Livingston Lieutenant Jacob Thomas, as deponent thinks in the year 1775 & as he believes in the month of June, at Rhinebeck now Redhook in the County of Dutchess aforesaid, for the purpose of serving in Canada as was understood - this deponent then resided in the same Town & near the said Adams - The said Adams went after his enlistment & was absent towards a year as near ^as deponent can recollect - and deponent afterwards understood & believes that he went to Canada & was in the service of the United States there -
After that time the said Adams was out in service in behalf of the United States several times in company with deponent during the revolutionary war, but how often, where, or how long, he does not recollect - He knows the said Adams to have been a firm whig during the revolution & always ready to enter the service whenever called upon -  This deponent believes the said Adams to be a man of veracity -  This deponent says that he, deponent, is upwards of seventy eight years of age -
Sworn & subscribed before me September 20th 1832    Nickolas Bonesteel
  Jno. Rowley  Justice of the Peace

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State of New York
Dutchess County}  Gottope Martin of Redhook in the county of Dutchess aforesaid being duly sworn says that he is acquainted with Ebenezer Adams of the same place & has been acquainted with him since the commencement of the Revolutionary war. And this deponent further says that he knows the said Ebenezer Adams to have been a soldier in the service of the United States in the Revolution - -
 In the year 1775 as deponent believes & as near as he can recollect in the month of June, deponent knows that the said Adams enlisted as a volunteer in a company commanded by Captain Henry B. Livingston Lieutenant Jacob Thomas, for the purpose of going to Canada as was understood - This deponent lived then in the Town of Rhinebeck, now Red Hook, near the said Adams, who lived in the same town - The said Adams left the place after his enlistment and as deponent always understood & believes that he went to Canada & was at the taking of St John's and Montreal  - -
This deponent knows that his term of enlistment at this time was six months - And that he was absent nearly a year & then returned home - soon after he returned home deponent recollects enquiring of him why he had remained so long and he informed deponent that he had enlisted a second time, & showed deponent his two discharges - -
 This deponent further knows that the said Adams afterwards entered the service as a substitute to go to West Point - This deponent saw him set out on his way & saw him after his return & always understood that he continued in service during the term for which he went, which deponent believes was as much as a month - Deponent does not recollect in what year this service was performed - -  Deponent believes that the said Adams was in the service

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at another time at West Point or in the Highlands & he does not know but he was there oftener - but how long deponent does not know -
Deponent further knows that the said Adams was often out in the service in behalf of the United States at other times, but how often, or how long deponent does not know - This deponent was often out in the service with him in searching after disaffected persons -  - --  This deponent says that during the Revolution, the said Adams was always a firm whig, attached to the United States' cause & always willing to enter the service -  And deponent further says that he believes the said Adams to be a man of veracity -  This deponent is above eighty six years of age -      Gotlop Martin
Sworn & subscribed before me September 20th} 1832   Jno. Rowley  Justice of the Peace

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State of New York
Dutchess County} ss.   Henry Teator of the Town of Red Hook in the county of Dutchess aforesaid being duly sworn deposes and says that he is well acquainted with Ebenezer Adams of the same place, and has been acquainted with him since the commencement of the revolutionary war -  and this deponent further says that he served in the same company with the said Adams in behalf of the United States in the year 1778 as he believes, in the summer of that year at West Point & on the east side of the Hudson River nearly opposite, for the term of one month, during which term he knows the said Adams to have served there, in a company commanded by Captain Andres  Heermance, in the Regiment of Colonel David VanNess as he believed - -   At another time during the revolution, this deponent was in service in the Highlands nearly opposite West Point, together with the said Adams, in a company commanded by Captain John Clum - But at what time this was, or how long they were engaged in this service deponent does not recollect -
The above are the only services which this deponent personally knows the said Adams to have performed but he believes that he was engaged in the service at other times -  This deponent know the said Adams to have been firmly attached to the cause of the United States during the revolution -  The character of the said Adams for veracity is good -
  Henry Teator  his X mark
Sworn & subscribed before me September 24th 1832    Jno Rowley  Justice of the Peace

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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 revolutonary soldier and served as he states - and the Court further certifies that it appears to them that Nathan Beckwith and George A. Shufeldt who have signed the preceding certificate are residents in the Town of Red Hook in the County of Dutchess & are credible persons and that their statement is entitled to credit - And the court further certifies that in their opinion the persons whose affidavits precede to wit, Cornelius J. Elmendorph, Nicholas Bonesteel, Gotlope Martin & Henry Teator could not be present in court without too much inconvenience on account of infirmity -

I Henry J. Traver  Clerk of the County of Dutchess and of the Court of Common Pleas of the same do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Ebenezer Adams - for a pension  and I do further certify that John Rawley Esquire before whom the four annexed affidavits were made and taken was at the time of taking the same a Justice of the Peace of said County and that his signature affixed to said affidavits are genuine -
  In testimony whereof I have hereunto set my hand and seal of office the 28th day of September A D 1832
 Henry J Traver  Clerk

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State of New York
Dutchess County} ss -  I John Rowley a Justice of the Peace of the County of Dutchess aforesaid do certify that I am acquainted with Henry Teator and Nicholas Bonesteel whose affidavits are herewith annexed to the declaration of Ebenezer Adams, that they are credible persons and their statements entitled to credit - and I do further certify that I was acquainted with Cornelius J. Elmendorph and Gotlope Martin in their lifetime, whose affidavits are also herewith annexed to said declaration, that they were credible persons and their statements entitled to credit -  Given under my hand  June 6th 1833
  Jno. Rowley  Justice of the Peace

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STATE OF NEW YORK
County of Dutchess,| ss. I HENRY I. TRAVER, Clerk of the County of Dutchess, DO HEREBY CERTIFY, That John Rowley whose name is subscribed to the Certificate annexed hereto, was at the time of making the same, a Justice of the Peace - - in and for the County aforesaid, dwelling in the said County.
 And further, That I am well acquainted with the handwriting of the said John Rowley and verily believe that the signature to the said Certificate - is genuine.   In Testimony Whereof, I have hereunto set my hand, and affixed the seal of the said county, the sixth  - day of June - A.D. 1833
  Henry I Traver   Clerk

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State of New York
Duchess County} ss -  Personally appeared before me, the undersigned, a Justice of the Peace of said County Ebenezer Adams, 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 period mentioned below and in the following grades -
For six months I served as a corporal -
For seven months I served as a private -  and for such service I claim a pension -
And this deponent further saith that by reason of old age and the consequent loss of memory he cannot swear positively as to the particular periods when all the services were rendered, but he distinctly recollects the following services at the following periods -
In the years of 1775 and 1776 commencing on the first day of July 1775, he served at least ten months and fifteen days - And according to the best of  his recollection the following services were rendered by him at the following periods
In the months of June & July 1778 he served at least one month.
In the month of June 1780 he served at least half a month -  And the other services rendered by this deponent in behalf of the United States during the revolution, amounting to at least one month and considerably more, were rendered at periods which deponent cannot recollect -         Ebenezer Adams
Subscribed and sworn before me}
May 30th 1822
  Jno Rowley  Justice of the Peace

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STATE OF NEW YORK
County of Dutchess,| ss. I HENRY I. TRAVER, Clerk of the County of Dutchess, DO HEREBY CERTIFY, That John Rowley whose name is subscribed to the annexed examination, was at the time of taking the same, a Justice of the Peace - - in and for the County aforesaid, dwelling in the said County,
And further, That I am well acquainted with the handwriting of the said John Rowley and verily believe that the signature to the said examination - is genuine.
 In Testimony Whereof, I have hereunto set my hand, and affixed the seal of the said county, the sixth - day of June - A.D. 1833
  Henry J Traver  Clerk

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14863
Ebenezer Adams
e.j.
aomd
John Rowley
upper Red Hook
Dutches Co[illegible]

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WAR DEPARTMENT,
PENSION OFFICE,
183
Sir: The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in a tabular form. On comparing these papers with the following rules, and the subjoined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will show what is necessary to be done. 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  Ebenezer Adams of Red Hook in Dutchess County New York.  
Period when the service was rendered:   1775, 1776, after [unreadable] again
Duration of the claimant’s service:  Years:    Months:  6, 3, 1, about 14, about 14  Days: 
Rank of the claimant:  Private, Private, Private
Names and Rank of the Company officers under whom he served:  Captain Livingston, Smith, Hermann, Lehman
Names and Rank of the General and Field Officers:  Colonel Holmes, Waterbury, Van Ness, Van Ness, Van Ness
Battles in which the applicant was engaged:  None
Country through which he marched:  through New York and Canada    
Place of abode when he entered the service and age at the present period:
Rhinebeck, Dutchess County, New York   aged 79 years
Evidence by which the declaration is supported:  Living Witnesses
28
28
  208
3393
3641
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   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 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 entered the service; the battles, if any, in which he was engaged, and the country through which he marched. This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.] 
He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of      
Sworn to and subscribed the day and year aforesaid.                         A. B. 
[And then will follow the certificate of the Court.] 
And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states. 
I                           of the Court of                     do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of                for a pension. 
In testimony whereof I have hereunto set my hand and seal of office (i) this       day of          &c. 
If, on examination of the proper record the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out. 
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz: 
(k) We, A. B., a Clergyman, residing in the                        and C. D. residing in (the same) hereby certify, that we are well acquainted with                       , who has subscribed and sworn to the above declaration; that we believe him to be         years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion. 
Sworn and subscribed the day and year aforesaid. 
[And then will follow the certificate of the Court.] 
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that A. B.                          who has signed the preceding certificate, is a clergyman, resident in the                  and that C.D., who has also signed the same is a resident in the                       and is a credible person, and that their statement is entitled to credit. 
I,                         Clerk of the Court of         do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of                   for a pension. 
In testimony whereof, I have hereunto set my hand and seal of office, this            day of           &c. 
Every applicant will produce the best proof in his power. This is the original discharge or commission; but it 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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3
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 un Officer. Did you ever receive a commission, and if so, by whom was it signed, and what has become of it?
7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution. 
The Court will see that the answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant. 
The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion. If one of these persons is a Clergyman, the Court will so certify, and they will also certify, to the character and standing of other persons, giving such certificates. 
The traditionary evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party. And the Courts are requested to be very particular in the enquiry whether the belief is general, and whether any doubts have ever existed upon the subject. 
Applicants unable to appear in Court by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court. Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the peace. the certificate of the Secretary of State 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 rule laid down for his guidance. [b] The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not conforming to the rule. 
[c] The age of the claimant must invariably be mentioned. 
[d] The declarant must mention the period or periods of the war when he served. 
[e] Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had. Every claimant must state, with precision, the length of his service, and the different grades in which he served, in language so definite as to enable the Department to determine to what amount of pension he is entitled. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
" Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of bis 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            mouths 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 au embodied corps called into service by competent authority that lie 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 his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he has no public seal of office, the certificate of a Member of Congress, proving the official character and signature of the certifying officer, should accompany the papers. 
Mode of authenticating papers. 
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other papers authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate. 
Proof of Service. 
[j] In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses who are required to set forth in their affidavits the time of the claimant's entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office. The notes from [a] to [j] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in note [j] applies to continental troops only. 
[k]  This traditionary evidence is indispensable in militia cases. 
[l] If a wituess 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 24

Rev War   INVALID
11939
File No.  11, 939
Ebenezer Adams
Priv Rev War

Act: June 7th 1832
Index: - Vol. A, Page 3
{Arrangement of 1870}