Revolutionary War Pension and Bounty Land Warrant Application File S. 23,339, for Martin Nichols, Rhode Island

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(3 - 1776)
R
SERVICE
CONTENTS
Nichols, Martin
NUMBER
S. 23,339

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24.
Mica
Martin Nichols
of Oneida Co in the State of New To
who was a private in the Compay
by Captain West of the Regt
by Col Topham in the
line for 24
Inscribed on the Roll of Allica
at the rate of 80 Dollars 00 Cents per an
to commence on the 4th day of March, 1831.
Carl
of Pension issued the 25 day of Jay
Hen
1834 and South
S. Beasley H Rex
Arrears to the 4th of Sept 1833 $200
Semiannl. allowance ending March 34
40.
$240
Revolutionary Claim
June 7, 1832
Recorded by W. Leman
Book of
Vol. 4 Page 4

Page 3

A
of
Martin Nichols
mendment or explanation
his Declaration
adm
24 mo Pre
80

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of
yes
State
genth
State of New York
Oneida County
On the second day of January in the year
1833 Personally appeared in open Court before the
Nathan Williams Esq. Vice Chancellor of the
fifth Circuit now sitting in the City of Utica County
of Oneida and State of New York Martin Nichols a
resident of the town of Paris County and State afore
said aged sixty eight years who first being duly
sworn according to law doth on his oath make
the following declaration in order to obtain the be
8
nefit of an act of Congress passed the Seventh
day of June 1832 this deponent declares and says
that he was born in the town of East Greenwich
and Chart County State of Rhoad Island on the 29
day of September 1776 this deponent further declares the
according to his best recollection he entered the
service in the Revolutionary war by voluntary
enlistment
into Capt Michael Sincers Company of
for nine month Capt Spencer and this deponent
both residing in the town of East Greenwick Road
Island where he this deponent enlisted and marched ┃
with Capt Spencers Company to Tivertown Bristol
County Mass and there the company joined Col
Toppins Regiment which was stationed at Twen
town on the east side of the Channel or river
leading to providence to guard that place while the ┃
British troops lay on Rhoad Island this deponent
declares that he continued in Capt Spencer com
pay and did duty nearly every and was for
quently called out in fatigue & Brigade Cornwell
having the command of the american troop at ┃
that place and a part of the Brigade was stationed
on the cost of the Channel chiefly in Bristol County
and at the expiration of nine month this deponent
says that he was discharged by Capt Spencer in
March 1780 the whole Regiment being discharged at
the same time by an order from Brigadier
Gent Cornwell, and this deponent returned
home to Green wick having served nine months
This deponent further declares that he again enter
the service in the revolutionary war by

Page 5

with
9th
a private the first
voluntary enlistment in April 1780 into Capt
west Company of Rhode Island State troops for
nine months this deponent then residing in
cast Greenwich and this deponent further declares
that he marched from east Greenwich with Capt
Wests company to Twenton Bristol County Mass
and found the company joined Col Toppens
Regiment and Brigadier Gent Cornwell Brigade
this deponent further declares that Col Toppins
Regiment was stationed at that place viz Tivertown
there being a Fort at that place and several pieces
of Cannon at this Fort this deponent further declare
that he was in duty dayly and continued in the
service in Capt west Company during the mine
months for which he enlisted and was discharge
ed in December 1780 by this deponent further declares
that in the latter part of June of the first of July in
the year 1781 and this deponent cant recollect
which he again enlisted in the Revolutionary
deponent says he was enlisted by Mich
id Whitmarsh who was a recruiting
at that time and immediately sent Colden
Company this deponent then residing in East Green
wick Rhode Island and marched to Newport and
and Sand Col Toppins Regiment and Brigadier Genl
-
Cornwells Brigade and this deponent further declared
that at the time he enlisted he received of Michiel
Whitman the recruiting officer fifty Dollars County
this deponent further declares that he enlisted at
this time with an expectation of marching to the
South and joining Genl Washington Continental army
this deponent further says that Capt Holdens Com
pany remain on Newport Island and this deponent
did duty in said Company, expriting orders every day
to march to the south this deponent further declare
that on the forepart of October 1781 there was orders
and for Col Toppins regiment to march the
troops left the Island by water and landed at east
Greenwich where and then marched with the ex
pertation of Joining Genl Washingtons Army when
the Regiment arrived at Massachange Bridge Col

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ber 1781
Smith
Toppen received counter orders and returned
back to Newport Island with his Regiment this
deponent further says that he understood the reason
of the regiment returning was owing to the sun
render of Lord Cornwallis and his army, Col Top
pins Regiment was not wanted this deponent
further declares that while he was in Newport Island
the American troops were stationed on the south
part of the Island a short distance from the British
troops which were then on the Island, or con
well and Spencer were then in the Island this
deponent says that the american troops moved
from the south part of the land to the north part
and encamped on a hill about two miles diston
from the British this deponent further declares
that he was in the action that was fought in
the Island the american troops were then under the
and of Genl Sullivan which lasted the great ┃
at part of the day this deponent further declares
that after the action of the day was over sentences
were set and every preparation was made
to
retreat and during the night all the troops
retreated off the Island the night after the
action to a place called Tivertown where he
continued with Col Toppins Regiment in the
service untill discharged by Capt Holden in Dum
and returned home to cast Greenwich having
served six month at this enlistment
this deponent further says that soon after his re
turn home he engaged on board a Brig boun
to the west Indies while the Brigate
part she with the hands on board by the
Refugees and while going down long Island
sound was retaken by the American Frigate
Reliance soon after this deponent says he shiped
on board the Privateer Sloop Randolph Count
of New London this deponent further declares that
1
he never received any written discharge
at any time during the revolutionary war
this deponent further declares that he has not
any record of his age and has not

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seen any person for a number of years and do not
know of any one now living who was in
the service with him this deponent further
declares that he served and did duty regular
by in the Revolutionary war at the several times
he enlisted two years as will appear by the
foregoing declaration this deponent further says
that he resided in East Greenwich about four ┃
a
years after the Revolutionary then Pawtube Road
Island where he resided six month there
mooved to Waltham Middlesex County Mass who
he resided about three years then moved to
Mason Hampshire County Mass where he reside ┃
ed twelve years from thence he removed to the ┃
of Paris Oneida County New York where
vided since the deponant declars that
as a private
and did duty regularly in the Revolution
the service or bood the Brig Sloop Randolp
wither declare that I relinquish every
ever the
pension or
by annuity excepting the
that my name is not on the pension roll
bed & sworn the
any State
Martin Nichols
by
of January 1833
before me N. Williams and Chain
We Gertrus D Southworth a Clergyman of the Town of
Paris and Gillmer Robbins
of the same ┃
town declares that we are well acquainted with
the said Martin Nichols who made oath to and
subscribed to the foregoing declaration that we
believe him to be sixty eight years of age that
it is believed in the mighbourhood where he ┃
the said Martin Nichols resides that he was a
and served in the Revolutionary war
revolutionary soldier and we concur in that
Gertins D. Southworth
Gillmon Robbins
Amen
from the
of January 1833.

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before me Williams in Chancellor
And the court do hereby declare their opinion after the ┃
investigation of the matter and after putting the intering
atories prescribed by the war department that the above
named applicant was a revolutionary soldier and saved
as he states and the Court further certifies that it appe
as to him that Testim & Southworth
who has
Signed the preceding certificate is a Clergyman resident ┃
of the town of Paris and that Gillin Robbins
who has also signed the same is a resident of the same
town and is a credible per and that their ┃
statement is entitled credit
Williams
and Chancellor
my
●
●
Watson Williams, Clerk of the Court of Chancery
of the State of New York for the Fifth it
of said
, do certify that the fore
going contains the original procedings of said
Court in the matter of the application of Mar
in Nichols for a pension
Whereof I have hereunto set my hand and
Office this second day of January A.D. 1833
J. Walton Williams
Ark in Chancery
5th Cinuity

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of
State of New York
Oneida County ⎬ An amendment to or an addite
on and explanation of Martin Nichols declaration as
sent to the Secretary of war and returned for further explanation
Martin Nichols of the Town of Paris County and State afore
said who first being duly sworn according to Law do
poseth and saith that he was born in East Greenwich Kent
County State of Rhode Island that his father died when he
was young and this deponent further saith that he was
Bound out an Indented apprentice to Christopher Vaughn
then residing in East Greenwich to serve till he was twenty
one years of age this deponent further declares that he free
quantly thought himself not well used and this de
ponent saith that for the middle of July 1779 this depo
mont in company with William Tabor went in
to East Greenwich Village where Capt Michael Spencer
was enlisting soldiers for the State service and this
deponent further declares that he near the middle of
July 1779 as this deponent verily believes that to be the
time he enlisted into Capt Michael Spencer Company
of Rhode Island State troops for nine months the said Labor
enlisted at the same time this deponent did this depo
not further declares that he enlisted into Capt Spencer
company as aforesaid with out the knowled or consent
2
Christopher Vaught his master this deponent further declare
that immediately after he enlisted Serpoint Loring Jenks
went to Christopher Vaughn with this deponent to get this
deponents clothes said vaugh was very angry and
fund to let this deponent have his clothes but after same
conversation between said daughter and the serpant said
Vaughn gave this deponent up his clothes and he
joined Capt Spencer Company and march as stated in the
former declaration and this deponant further the
laves that he was then at the time of his first enlistment
in his seventeenth year or was seventeen years of age on
the 29 day of September following his first enlistment this de
ponent further declares that he cannot be mistaken as to his age
when he enlisted first into the service for ought would not have
allowed him this deponent to have enlisted of her
prevented him this deponent further declares that during
his forgetfulness that he made a mistake as to his age and
he was born in his former or first declaration by him
and that the mistake was not an intentional one but owing
to forgetfulness and the many infirmities which are incident
to old age and this deponent further declares that he is fully in
vinced of the mistake after conversing with his wife in the subse
of her age and that of his own this deponent further declares that
he never had any record of his own age but from many
stances relating to his past life the age he was of wherebeforten
listed his age when married and his wife age this
further saith that according to his best knowledge and belief that
he was seventy one years of age on the 29th of last September
this deponant further declares that he made his first declaration
home without having any minutes as to the year he was born
age he must have made a mistake in the statement of it
might have been taken down wrong when the duration

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was made this deponent further declares
that according to his best
knowledge and belief his first declaration is correct and true
excepting the year he was born & his age which was seventy or
in September 1832 & born A 1741 & further this deponent saith not
Subscribed & sworn the 16th day
of July 1833 before me
Jonathan Richardson Justice of Peace
Martin Nichols
State of New York
and County
Gardner Avery of the Town of Paris County
and State aforesaid who first being duly sworn according
Law deposeth and saith that he has been acquainted with
Martin Nichols of the Town of Paris County State aforesaid for
the fifteen years past or when the said Martin lived in the
Town of Munson Hamden County Mass and more particularly
for five or six years past since the said Martin came into the
Town of Paris to reside the said Martin has resided about
one mile distance from this deponents five or moneys
part and so far as this deponant acquaintance who
with the said Martin he does now and ever has sustain
ned a good character and this deponent below the said
Martin to be a credible person in whose word this depon
nant should place full confidence and this deponent ┃
saith he supposed the said Martin is about seventy
of age and further this deponent saith not
subscribed & sworn the 16 day of July
1833 before me
Jonathan Richardson J. Peace
Avery
State of New York
Oneida County
I do hereby certify that I am
well acquainted with Gardner Avery who subscribed
and made oath to the foregoing affidavit he is a
credible person. I am also well acquainted with
Abraham Sage who subscribed and made oath
to the following affidavit he is a credible person
and full credit may be given to the affidavit of
Gardner Avery & Abraham Sage N
July the 16-1833
Jonathan Richardson J. P.

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State of New York
Onnda County ss
Personally appeared Abraham Sage who first being duly
sworn according to law deposeth and saith that he resides
the Town of Paris Oneida County State aforesaid and has resided
in said for more then ten years past this deponant further
saith that he has been acquainted with Martin Nichols of the
Town of Paris for more than five years past and has lived that
time in the same neighbourhood and near neighbour
to the said Martin Nichols this deponant further saith that he
has frequently conversed with the said Mortin Nichols on the
subject of the Revolutionary war and the said Martin has often
times related to this deponent his services and different times
of his enlistments in and during the Revolutionary war that he
served in sword compargoes and this deponent further saith that
from the appearance of the age of the said Martin Nichols and
the conversation this deponant has had with the said Martin on the
subject of the Revolution he has not the last reason to doubt but
that the said Martin was in the service during the revolutionary
several times and this deponent further saith that the said Martin
Nichols is reputed to be and this deponent verily believes him to
be a person of truth and veracity and is a credible person and
should place full confidence in his word this deponant saith
he is seventy nine years of age and further this deponent saith
not
Subscribed and sworn
this 10th day June 1833
Alvah E
before me Jonathan Richardson J. Peace
Oneida County ss
Personally appeared deliverance Nichols who first being duly
sworn according Law deposeth and saith that she is the wife
Martin Nichols of the Town of Paris Oneida County this deponent
further saith that according to her best knowledge and belief
she is nearly sixty five proof age that she has been and
to said Nichols forty years and was more then Eight
years old when she married according to her best knowledge
and belief this deponent further saith that she was acquainted with
her husband a number of years before she married
to him and knew him well when he was an apprentice to
Aristopher Vaughn who resided in East Greenwich Kent
County Rhode Island and a short distance from this deponents
father this deponent further saith that her husband Martin
Nichols Boorded at her fathers after he was in the service of
the Revolutionary war and followed the sea and operate of ┃
vessel before the married to him this deponent further saith
that at the time she married her husband
Martin Nichols she knew in age and verily believes
the said Morton Nichols her said husband Senior
older than herself as she had been acquainted with her
said husband before his enlistment in to the service in
the Revolutionary and further this depont saith not
Subscribed and
Sworn this 16th day of July
1833 before me
Jonathan Richardson Jr
Deliverance Nichols

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State of New York
Oneida County
Personally appeared Sarah W. Hale who first being duly
sworn according to law deposeth and saith that when at
home she resides in the Town of Munson Harden County State of
Massachusetts when she has resided more then livingson
past and this deponant further saith that she was well acqua
ainted with Martin Nichols who now resides in Paris County and
State aforesaid that she knew him well and was well acquainted with
his family when the said Martin and his family resided
the Town of Manson before they moved to the Town of Bride
County this deponent further saith that the said Martin Rept a large
-
Boarding in the town of Munson and this deponent further saith
that so for as her knowledge extended the said Martin Nichols
sustain a good character and was called by those of her acquain
time a person of truth and varasity and this deponent saith
she never heard him spoken of otherwise and the family sustard
character this deponant saith that she was acquainted with
the said Martin and his family a number of years while they
resided in Munson this deponent saith came from Munn
a short time since and is now in the town of Portson visit
and further this deponent saith not
Subscribed and sworn
this 16th day of July 1833
Jonathan Richard Jr Justice Peace
pre me
.
.
Sarah W. Hale
E
-

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Schenectady
July 24th 1833
1
This may Certify that I have been acquainted with Martin
Nichols
for more than twenty years and fore years of that
same have been a border in his family
I first became acquaint
with Martin Nichols in the year 1811
In the State of Massachusetts
1
County of Middlesex and Town of Waltham
1
there hired him
for the purpos of
Keeping a Bording House for me
as I was in the manufacturing business and had many
hands to Lord
1
which Business he performed to my satisfaction
left Waltham and went into the County of
In the year 1814
Hampden Town of Monson State of Massachusetts for
purpose of erecting new latter establishment and
1
in the establishment in opperation I then
Kent to walthou to get Mr Nichols to come to monson
to keep abording House from me at that place and after the
necessary arrangements be came to Monson in the year 1815
and Connie Bording the hands for that Establishment
Nichols Continued in that Punned for 7 years all of which
Sime
I had the superintendance of the Establishinest and
was known satisfaction, in every respect
1
In the course of any acquaintance with his
I have had many Business transactions with him to the amount
.
of Same Hundreds of Dollars and have ever form him
Streetly honest and amon of Cander and South
1
more than 18 years ago my Nichols has related to me the
the hardship and privations that he Indine while a
Logger in the Revolutionary war which I have often
Listen to with much Interest
John Avery
other

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Chuntady County & the within named
John Atty to me known appeared before
me on the 27th day of July 1883 and made
oath that the statement made by him in the
within in relation to Martin Nichols is true
Court
Eliza D. Davis
Justice
Clk
the
A
aff
Jurs
I
-
℗
of the rec
County
of New York
Park's
the
John Son
Clerk of the party aforesaid, do
tify that Chard L. Davis Esq. before whom
foregoing affidavit of John Avery was taken, was
Justice of the peace at the time of taking such
davit that the signature "Elie Davis
line of the peace is flume. In Testimony whereof
are hereunto set my hand & affixed the seal of
said County aforesaid this 31 day of July 1833
John S. Roman Clerk

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State of New York
under County ss
Stephen Savage of the Town of Paris County
and State aforesaid who first being duly
Sworn according to law deposeth and saith he
is well acquainted with Martin Nichols of the Town of
Paris aforesaid this deponant further saith
that the said Martin Nichols resides about half of a
miles from this deponents and this deponant further
saith that he has been acquainted with the said
Martin Nichols four or five years past and so for as this
deponents knowledge attend the said Martin Nichols
is a credible person and as this deponent only be
ever the said Martin Nichols bores that character in the
mighbourhood where the said Martin resides and
Subscribed and sworn
this 6th day of August 1833
further this deponent saith not
before me
Jonathan Richardson Justin
Stephen Savage
State of New York
Oneida County
Nathaniel Barrett of the Town of
or County State aforesaid who first being duly sworn
according to Law deposeth and saith that he is well
acquainted with Martin Nichols of the Town of Pain this
deponant further saith that the said Martin Nichols
der in the same neighbourhood of this deponent and
one half of a mile distance this deponent further saith
that he has been acquainted with the said Martin
hold four or five years past and has done considerable
business with the said Martin Nichols and this depo
not has ever found the said Martin Nichols to be
honest fair dealing man and a credible person and
been that character in the neighbourhood where the
said Martin resides and further saith not
Sworn and subscribed
Nathaniel Borst
this 6th day of August 1833
before me
Jonathan Richardson Race
I do hereby certify that
this
the
the above
inted with Nathaniel Barrett who made oath to and subscribed
affidavit he is an indistic machine and a credible person
Jonathan Richardson Justice of Peace

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Clerks Office
Oneida County ss:
I Joseph B Read Deput
Clerk of said County do hereby
certify that Jonathan Richard
son Esq before whom the
foregoing affidav
Sat
name of
Avery, deliverance Nichols, a
Hall Stephen Savage and Nathanie
Barrett purport to have been sworn
was at the date of the
respectively
same out of the
Justices of the Peace in and for
County and duly authorized to actor
such, and further that I am well ac
with his hand writing & verily belie
his name subscribed to the
davits to be genuine.
Witness my hand & se
at Utica in said County
of August A.D. 1833
.
Jos B. Read Dep Clerk
day

Page 17

Hon Lewis Cass secretary of war
to for
State of New York
Oneida County
In regard to the declaration
made by Martin Nichols on the second day of January AD 1833
which has been returned to him for further explanation as to
his age he stated to me the month and year in which he
supposed he was born on September 27th 1764 which apper
as to have been a mistake in him or might have
taken it down wrong, I have since conversed with his
wife as to his age I have taken the affidavits of a num
ber of persons with whom I am personally acquainted
and reside in the neighbourhood of the said Nichols and
are personally acquainted with him they are respectable
person viz those whose affidavits I have certified to
of them and wear they
I have been acquainted with one
are persons of unimpeachable characters and they
say that Mr Nichols Character stands for and good
in the neighbourhood where the said Martins
Nichols resides and so far as their knowledge stands
his character stands unimpeached I have particular
reprence to Abraham Sage Gardner Avery Stephen
Savage & Nathaniel Barrett those of deliverance
Nichols John Avery & Sarah Wale I have no per
ticular acquaintance but believe them to be
credible persons I have made enquiry in the my
bourhood where the said Martin Nichols under
and find it to be the general oppinion that he was a
soldier and did serve as such in the army
of the Revolution said Mortin Nichols is a person
in low circumstances and of
honestly and at
by entitled to share in the County at
a general goverment it which I have
doubt he is it will be thankful
and by him
August 12-- 1833
Jonathan Richardson Jr

Page 18

A
in Nichols
N
Y
proof
and
Mr Beverly
apple cart
Par
Oneida Co

Page 19

Sir:
-
WAR DEPARTMENT.
Pension Office,
May 1833
The evidence in support of your claim, under the act of June 7, 1832, has
been examined, and the papers are herewith returned. The following is a statement of
your case in a tabular form. On comparing these papers with the following rules, and
the subjoined notes, you will readily perceive that objections exist, which must be removed,
before a pension can be allowed. the notes and the regulations will shew what is
necessary to be done. Those points to which your attention is more particularly directed,
you will find marked in the margin with a brace, (thus: }). You will, when
you return your papers to this Department, send this printed letter with them; and
you will, by complying with this request, greatly facilitate the investigation of your
claim.
W. 79
and
80
187
Statement, shewing the service of Martin Nichols Oneida N.Y.
┃ Duration of the
claimant's service.
Rank of
the
climest.
pr
of
Names and Rank
of the Company
officers under
whom he served.
Cappa
West
Holder
---
Names and Rank
of the General
and Field officers.
Affin
Battles in which
the applicant was
engaged.
2
I am, respectfully,
Country through
which he marched.
┃ R. Mess
the
Your obedient servant,
Lo
rise of abode
when he entered
the service, and age
at the present
.
when the
---
┃ E.
ported.
Grady
EDWARDS,
Commissioner of Pensions.
enlistments of boys were contrary to the regulations of the
service & can not be admitted without satisfactory proof

Page 20

2
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 in
stance, 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.
REGULATIONS UNDER THE ACT OF JUNE 7, 1832.
of
On this
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
day of
A.B. a resident (b) of
personally appeared (a) before
in the county of
and State, Territory or District
years, who being first duly sworn, according to law, doth on his oath make the
following declaration, in order to obtain the benent 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)
served in the
(e) regiment of the
with
and
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.
tionary soldier, and served as he states.
And the said Court do hereby declare their opinion (g) that the above named applicant was a reof
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
In testimony whereof I have hereunto set my hand and seal of office (i) this
& 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
hereby certify, that we are well acquainted with
subscribed and sworn to the above declaration; that we believe him to be
and C. D. residing in (the same)
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.
was signed the preceding certificate is a clergyman, resident in the
and that
was 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
contains the original proceedings of the said Court, in the matter of the applicate certify that the foregoing
for a pension.
In testimony whereof, I have hereunto set my hand and seal
of office, this
&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
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

Page 21

8
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?
And if a substitute, for whom?
4. How were you called into service; were you drafted, did you volunteer, or were you a substitute?
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.
{To a Soldier.
en and what has become of it?
you ever receive a commission, and if so, by whom was it signed, and what
7. State the names of persons to whom you are known in your present neighborhood, and who can testify
as to your character for veracity, and their belief of your services as a soldier of the Revolution.
The Court will see that he answers to these questions are embodied in the declaration, and they are
requested to annex their opinions of the truth of the statement of the applicant.
The applicant will further produce in Court, if the same can be done, in the opinion of the Court,
without too much expense and inconvenience to him, two respectable persons--one of whom should be
the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from
their acquaintance with him, that they believe he is of the age he represents, and that he is reputed
and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion.
If one of these persons is a Clergyman, the Court will so certify, and they will also certify, to the character
and standing of other persons, giving such certificates.
The traditionary evidence of service is deemed very important, in the absence of any direct
proof, except the declaration of the party. And the Courts are requested to be very particular in the
enquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
Applicants unable to appear in Court by reason of bodily infirmity, may make the declaration before
required, and submit to the examination, before a Judge or Justice of a Court of Record of the
proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to
perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court.
Whenever any official act is required to be done by a Judge or Justice of a Court of Record,
or by a Justice of the peace, the certificate of the Secretary of State or Territory, or of the proper
Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a
Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is
his genuine signature.
No payments can be made on account of the services of any person, who may have died beforethe

taking effect of the act of June 7, 1832, and in
real 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
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.
in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will fall
conforming to the rule.
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
The age of the claimant must invariably be mentioned.
The declarant must mention the period or periods of the war when he served.
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
ing 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
tion, he served not less than the periods mentioned below, and in the following grades:--For---year----months, and
days, I served as a . Forand
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
tricts the pension to be paid according to the grade of the pensioner and the lengin 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
that, without specifying the tours; the names of the officers, and other particulars respecting their service. This form of a declaration is
itable in every case, be clearly shown under what officers the applicant served; the duration of each term of engagement;
the particular place or place where the service was performed; that the applicant served with an embodied corps called into service by competent
pursuit.
that he was either in the tick or in garrison; and for the time during which the service was performed, he was not employed in any civil
The law makes the relinquishment indispensable.
The opinion of the Court is always required.
The Clerk must give his certificate in every case.
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 pubpapers
.
office, the certificate of a member of Congress, proving the official character and signature of the certifying officer, should accompany use
Mode of authenticating papers.
stance 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 paper authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must
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.
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 witness
who are required to set forth in this andavits 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.
note applies to continental troops only.
The notes from into it are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule is
This traditionary evidence is indispensable in militia cases.
If a witness cannot be found, the declarant must state the fact.
The answers to the interrogatories must all be written, and sent to the War Department, with the declaration
All and Will

Page 22

No
8
23339
INVALID.
22889
Martin Nichols
Ged Rev War
Act June
Index:--Vol. 2, Page 228
[Arrangement of 1870.)

Page 23

Revo
Act
to
Jane
Martin Nick
Suspended
See letter to
Claimant
Jaus
N.
Oct 1873

Page 24

New Hartford January 15th 1834
Samuel S Beardsly Esqr
for
inton
send you
Certificate from Benjamin Cowell Esq as proof of the sum
of Martin Nichols of the town of Paris who was a private
in the war of the Revolution his declaration was sent
to the Pension office a considerable time since
and nite been returned to him that his claim was
suspended for the want of proof, I have since sent
Providence Rhode Island and have obtaind the in
closed certificate which proves conclusively that he ┃
served in 1777 1879 but does not state the length
of time he served it also proves that the State of Rhode
Island did allow Martin Nichols $288. this was
in addition to the continental pay which the State
paid this was owing to the depreciation of the man
that he was paid in by the state the additional
pay which was allowed him would be full pay for
nearly 14 & half month this is exclusive of the unto
nental pay then it appears more then properble
be
and should think good evidence that he served
then two years in all other were the Committee who
examined his case would not have found the sum
of 28 1885 due him for his service
of the Revolution in addition to the sum which had
already been paid him Mr Nichols is a man in
low circumstances and unable to advance money to
send to Rhode Island to pay a person for hunting us
the necessary proof, and he might then fact owing

Page 25

---
to same night of his agent and I do not feel
willing to advance him $10 upon uncertainties because
if he should fail in the end I must love whatever
advance of Mr Edwards should that this certificate
not sufficient evidence to allow W Nichall full
pay or nearly so you will pleas to return the certif
cate to me again with Mr Edwards views on the
subject that I may preserve the certificate and of his
sible I will send to Rhode Island for further proof
the
I may have some other person apply who may want
proof from Rhode Island and by that means
pence not come so high I have taken the offender
vits of a number of respectable persons some of them
preme you are acquainted who are neighbour
to Mr Nichols as to his credibility while he resided
Massachusetts and since he has resided in this state
Paris and those affidavits are now in the
office I promise with his declaration Col Gardner
Stephen Savage Late a Post Master at signant from
you are acquainted with Mr Page & M North are
very respectable persons with whom I have been sign
ainted many years the other two I am not so much
acquainted with but believe them to be credible person
if you can assist Mr Nichols in any way he wilful
very greatful to you for your assistance his constan
and the feeble state of his health is such that he is in
able to procure any evidence or proof of his said
him self you will please inform me whatever
the decision may be as soon as convement should
meet with a favourable decision I wish the of
icate of the
to Jonathan Richardson New Hartford
Oneida County New York
with great respect Your obed
and payable at the united dement
States Branch at the
Jonathan Richardson

Page 26

Hon
S. Beardsley
H. R.

Page 27

Rhode Island District
Clerks office U.S. District Court
In Presidence Jany 1834
I hereby certify
that the name of Martin
Nicholls, appears as a private on the
Roll of a Regiment of Rhode Iland State
first commanded by Col Joseph Staton in the
year 1777 & subsequently in
the years
1778
1779 by Col John Topham, which Rolston
in this office, and appears to have
been made
in October AD 1785, by a Committee to ascertain
the amount due each, in consequence of the
depreciation of wagesthe
length of time which
said Martin
served does not appear
but the sum
to
28.105 appears to have been ascertained to
been his due. In testimony whereof I have hereto
set my hand & affixed the seal of said Court
this second day of June 7th 1834
Benja Cowell Clk

Page 28

THE NATIONAL ARCHIVES
Form VAN-51-
12 - 5 - 41
Nichols Moses
WARRANT
NAME 10852
BOUNTY LAND WARRANT RECORD CARD
GRADE
Division
Delaware
2
assign
-
The information concerning the issuance of warrants carded on this form is found in volumes 2 to 4 of Land Warrants Issued Prior to 1800"" which are
registers of bounty land warrants issued to non-commissioned officers and privates under congressional resolutions of September 16, 1776, and subsequent
dates. Other records relative to the applications for warrants appear to have been destroyed in the War Department fire of November 9, 1800.
Information concerning warrants surrendered to the Federal Government is to be found in General Land Office records in The National Archive