Revolutionary War Pension and Bounty Land Warrant Application File R. 3,318, Nichols Ellis, R.I.

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(3-1776)

SERVICE
R.I.

Ellis, Nichols

NUMBER
R. 3,318

CONTENTS

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Application of
Nichols Ellis for a
Pension

24870

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Declaration

State of New York                   In order to obtain the benefit of
Warren County                       the Act of Congress passed th Jun 1832

                            On this sixteenth day of April 1833 personally 
appeared in open Court before the Judges of the Court 
of Common Pleas now sitting Nichols Ellis a resident of the
Town of [illegible]bury, County of Warren and State
aged sixty eight on the sixteenth day of December
who being first duly sworn according to Law [illegible] on his oath
make the following declaration in order to obtain the benefit
of the Act of Congress passed 7th June 1832.
                           That he entered the service of the United States
under the following named officers and served as herein stated
Vis That in the Spring of 1777 he enrolled himself in a Militia
Company in the Town of West Greenwich, County of Kent, and
State of Rhode Island, under the Command of Capt. Green
consisting mostly of old men and boys not liable by law to do
Military duty, for the purpose of defending the Sea Board, and 
that whenever the Enemies Shipping appeared off the Coast they
 were more of less of them called in to the Service, that
in obedience to the above regulations he marched some time
in the Month of April 1777, under the Command of Capt.
Green from West Greenwich through Warwick Pawtuxet
Pawtucket and Providence to Tiverton, where he was stationed
one month and a half when he was discharged.
                                     That in July 1772 he was called out with Capt Greens
Company and sent to Pawtucket where he served five weeks
when he was discharged.
                                     That in April 1778 he was called out with Capt  
Greens Company and sent to East Greenwich where he served
nine weeks, when he was discharged.
                                    That in the Spring of 1779, he moved in to the Town
of Coventry County of Kent and State of Rhode Island, and
that in the Month of [illegible] following (he believes) he was called out on
an alarm. Marched to Newtown and went on board of

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Sloop and sailed to Newport and then marched to Brinton's [illegible]
where he served one month under Capt. Joslin when he was
discharged. That about three months there after he was drafted and
sent to Brinton's [illegible] where he served one month under Capt.
Joslin and was then discharged.
               That the whole time he served was seven months 
vis one month and a half at Tiverton, five weeks at Pawtuxet, 
nine weeks at East Greenwich. Each time under the command of
Capt. Green. One month when called out on an alarm at Brinton
[illegible] and one month when drafted and sent to Brinton [illegible]
The last two months served under Capt. Joslin. 
          That he was born in the Town of East Greenwich County
of Kent and State of Rhode Island on the sixteenth day of December 
1764.  That he has no record of his age. 
       That at the time he entered the service in 1777 he resided 
in the Town of West Greenwich County of Kent and State of Rhode
Island. In the spring of 1779 according to the best of his recollection
he moved into the Town of Coventry County and State aforesaid
where he continued to reside (with the exception of about one year) for
eighteen or twenty years, since which he has resided in the Counties of
Rensselaer Otsego and Warren in the State of New York and that he 
now resides in the Town of Queensbury County of
Warren and State of New York and has resided in said Town of
Queensbury for the last twenty years. 
          That he entered the service at each time as a volunteer 
except the last month at which time he was [illegible].
        That the names of the officers whom he recollects having 
seen are General [illegible] and Green. [illegible] [illegible] [illegible]
and Holden. Capts Green Joslin and Holden Sergeants Green and 
Nichols and Adjutant Louis Jenks.
        That he never received any other than a verbal discharge 
That the Rev. Allen Andrews James Ripley Lyman Jenks 
will testify as to any character for truth and veracity. 
        That he has no documentary evidence and that he knows 
of no person whose testimony he can procure who can testify
to his services.

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He hereby relinquishes every claim to a pension or annuity except
the present and declares that his name is not on the pensions Roll of
the agency of any state.
        Sworn to and subscribed the day and year aforesaid
                      Nichols Ellis
Mr. Allen Andrews a clergyman residing in the Town of Queensbury and
James Ripley residing in the same hereby certify that [illegible]
acquainted with Nichols Ellis who has subscribed and sworn to the
above declaration, that we believe him to be sixty eight years of
age, that he is [illegible] 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
                                Allen Andrews
                                James Ripley  
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 Allen 
Andrews who has signed the preceding certificate is a clergyman
resident in the Town of Queensbury and that James Ripley who
has also signed the same is a resident in the Town of Queensbury 
and is a credible person and that their statement is entitled to credit.
J. Thomas Archibald Clerk of the Court of Common Pleas do
hereby certify that the foregoing contains the original proceedings 
of the said Court in the matter of the application of
Nichols Ellis for a pension.
                       In testimony whereof I have hereunto set
                       my hand and seal of office this 16th day of April 1832
                       Thomas Archibald Clerk

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N[illegible]2[illegible].87[illegible]
Nichols Ellis
Warren County
New York

e
[Refuted?]

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WAR DEPARTMENT,
Pension Office,
June 5 1833 [handwritten] 

Sir:
The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are here with 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 exists, 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, (this: }). You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request greatly facilitate the investigation of your claim.

A Statement shewing the Service of Nichols Ellis Wessen

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REGULATIONS UNDER THE ACT OF JUNE 7, 1832.
The following regulations have been adopted:
This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army, and to include under the terms "Continental Line," "State troops," "militia," and "volunteers, all persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, &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 [illegible] sons claiming the benefit of this law as officers, non-commissioned officers, mucicians or privates, will, in the first instance, make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides. And every Court having by law a seal and Clerk is considered a Court of Record.
DECLARATION.
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
State, Territory, or district of 
County of } ss.
On this     day of     personally appeared (a) before A. B. a resident (b) of      in the county of      and State, Territory or District of      aged (c)      years, who being first duly sworn, according to law, doth on his oath make the
following declaration, in order to obtain the benefit of the provision made by the act of Congress, passed June 7th, 1832. That he enlisted in the Army of the United States in the year (d)     , with      and served in the      (e) regiment of the      line, under the following named officers:
[Here set forth 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. [hand pointing left symbol] 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 days and year aforesaid.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary
Soldier, and served as he states. And the Court further certifies, that it appears to them that A.B. who has signed the preceding certificate is a clergyman, resident in the      and that C. D., who has also signed the same is a resident in the      and is a credible person, and that their 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 if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light
upon the transaction.
If such surviving witness cannot be found, the applicant will so state in his declaration, (l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his
alleged service, as they are known at the Department. A very full account of the services of each person

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will be indispensable to a favorable action upon his case The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted
; and unless, therefore, these are amply and clearly set forth, no favorable decision can be ex-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?
[illegible] names of some of the Regular Officers who were with the troops, where you served; such [illegible] and Militia Regiments as you can recollect, and the general circumstances of your services.
been [handwritten]
you [handwritten] 
6. { [illegible] Soldier. { Did you ever receive a discharge from the service, and if so, by whom was it given, and what has become of it?
To an officer. { Did you ever receive a commission, and if so, by whom was it signed, and what has become of it?
7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution.
The Court will see that 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 [illegible] of the Court or County, under his seal of office, will be annexed, [illegible] Judge or Justice of a Court of Record, or a Justice of the Peace and that [illegible] 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 his service; but, according to the best of his
recollection, he served not less than the periods mentioned below, and in the following grades:--For---year--- months, and ---days, I served as served as a --- ---. For --- --- montsh 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 place where the service was performed; that the applicant served with an embodied corps called into service by competent authority
; that he was either in the field or in garrison ; and for the time during which the service was performed, he was not employed in any civil
pursuit.
[f] The law makes the relinquishment indispensable.
[g] The opinion of the Court is always required.
[h] The Clerk must give his certificate in every case.
[i] The Clerk must affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he has no public seal of office, the certificate of a Member of Congress, proving the official character and signature of the certifying 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.
[hand pointing left symbol] The notes from [a]  to [illegible] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in note [j] applies to continental troops only.
[k] This traditionary evidence is indispensable in militia cases.
[l] If a witness cannot be found, the declarant must state the fact.
[m] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.

[signed] John Nighton

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Acts of July 14, 1862, and March 3, 1873.

REJECTED [Stamp]
3318
P.O.
Nichols Ellis
Service: ______
Enlisted: ______, 18
Discharged: _____, 18

Application filed: _____, 18

Alleges: _____
Re-enlisted: _____

Attorney: _____
P.O. _______
____ Recognized. ______ Contrac(Intelligible)
____ Cert. of Dis.  Searched for ______, 18

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Revo[Unintelligible]
New York
Nichols Ellis
Rejected
[Unintelligible]

[Unintelligible]
Nicholas Ellis
Rejected
Hor[Unintelligible] Hughes June 20, 1857
3318
A[Unintelligible] June 3 2[Unintelligible]

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[Written sideways down left side of page "Nicholas Ellis
Rev Sr
[illegible] N.Y."]

Charles Hughes
[illegible]

Hon L.P. Walds
Coms of Pensions
Washington
D.C.

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House of Reps June 15 1854
Hon L.P.Waldo
Dear Sir -
One Nicholas Ellis applied for a Pension for services rendered in the War of the Revolution under the act of 1832 I believe.
His application was rejected on the grounds that he had not shown six months service.
To day I looked over his papers in your office & found that he had performed more than six months service but a part of his service was called volunteer service and for that reason was rejected. 
Mr Ellis has died poor and old, but he has a son living near me an old poor and infirm man himself who thinks his fathers case did not receive due consideration & under these considerations I ask that the case may be again taken up and readjudicated trusting that a more lenient and enlightened policy in these cases may

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bring about a different conclusion.
Trusting to hear from you soon I am my dear sir
Faithfully Yours []
Charles Hughes

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State of New York
Warren County ss.

Personally appeared before me the undersigned a Justice of the Peace in and for the said County. Nichols Ellis, who being duly sworn deposeth and saith that by reason of old age and the consequent loss of memory, he cannot swear positively as to the precise length of his service, but according to the best of his recollection he served not less than the periods mentioned below and in the following grades. AD. 1777 “for one month and fifteen days I served as a private in Capt Greens Company of Militia, AD. 1777 in July for one month and seven days I served as a private in Capt Greens Company of Militia-
AD 1778 for two months and three days & served as a private in Capt Greens Company of Militia- 
AD 1779. for one month & served as a private in Capt Joslins Company of Militia”- # Note at the bottom
A.D. 1779, for one month he was drafted and served as a private in Capt. Joslin Company of Militia
“And for such services I claim a pension”-
And this deponent further testifies that according to the best of his knowledge & belief Capt. Green was a legally commissioned officer of the Militia of the State of Rhode Island, and as such he served under his command that although the company “consisted mostly of old men and boys (not liable by law to do military duty)” had they not enlisted in to said company, but after they had enroled themselves, they became subject to all the rules and regulations by which the Militia of the State were governed. as Capt. Green Company was a regular organised company by the law of said State (as this deponent verily believes) but had become diminished in consequence of many of the middle aged men enlisting in to the continental Army which was the cause of taking measures to fill up the vacancies with the remaining part of the population that were able to bear arms.-
# note he cannot distinctly recollect whether Capt. Joslin

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was an officer commissioned by the General Government or by the State of Rhode Island, but believes that he was a captain of Militia

Nichols Ellis

Subscribed & Sworn before me 
this 19th day of June 1833
Hiram Barber Justice Peace

State of New York 
Warren County ss
I Thomas Archibald Clerk of the said County do certify that Hiram Barber before whom the within affidavit purports to have Sworn was on the date of the same one of the Justices of the peace in and for the said County and that I am acquainted with his hand writing and verily believe his name subscribed to the said affidavit to be his proper hand writing and Signature 
Witness my hand and seal of Office this 20th day of June 1833 
Thomas Archibald Clark ---