Revolutionary War Pension and Bounty Land Warrant Application File R. 3407, Edward Everts, Vt

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(3-1776)

[column headings: SERVICE\[BLANK]|NUMBER|
Vt.| Everts, Edward| R. 3407|
____________
CONTENTS

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Edward Everts No. 8028.

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State of New York
Chenango County ss.}
On this Twenty third day of August in the year of our Lord, one thousand, eight hundred and Thirty-two, personally appeared in open Court before the Honorable Robert Monell, Vice Chancellor of the sixth circuit of the State of New York at the Court of Chancery, held at the residence of the Vice Chancellor, in the Town of Geneva in the County of Chenango and State of New York. 
Now Sitting, Edward Everts, a resident of the Town of Greene, in the County of Chenango and State of New York, aged eighty years of age, who being first duly sworn according to Law, doth on his oath make the following declaration in order to obtain the benefit of the act of Congress passed June 7th 1832 - That he entered the service of the United States under the following named officers and served as herein stated - That at the breaking out of the Revolutionary War, he lived in the Town of Sunderland, in the State of Vermont - That in the Summer of the year 1775 he was called out as one of the militia, and he joined the Company under Captain Daniel Comstock, Lieut. Eli Bronson, and marched from Sunderland to Castleton, and were absent from home nine days. - They were called out how an alarm bring given, found on arriving at Castleton they found that there was nothing for them to do and they were dismissed and he returned to Sunderland - Soon after his return from Castleton he enlisted for the term of two months to go to Rutland, in a Company under Captain Hutchins - This company was formed by volunteers from five different Towns - On their arrival at Rutland they were jointed by the companies of the Continental line, and while there they were under the Command of Captain Gideon Bronson, who acted as Commandant, there not

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being any Colonel with them. - At this time was upon duty two months Exclusive of the time occupied in going to and returning from Rutland - In the Fall of the year 1776, the militia of that State were called out, and he served in the Company of Captain Daniel Comstock, Lieut. Eli Bronson, in a Regiment Commanded by Colonel Timothy Bronson - They were ordered to Ticonderoga, and marched with all dispatch from Sunderland, (to which Town the Company belonged) and arrived at Ticonderoga and were stationed at Mount Independence  - They remained at Mount Independence for the term of two months, and were then dismissed and he returned home - He belonged to the Company of Captain Comstock from the breaking out of the War untill its final Close, with the exception of two months service at Rutland under Captain Hutchins - That he was subject to be called out at every alarm. And upon receiving any orders - They were ordered upon different occasions to go to Dorcet and Newport and at other places, They sometimes arrived and some times previous to their arrival they received Counter orders to return - That the company to which he belonged was frequently called out, and on duty one, two and three days at a time and were constantly liable to be called out - From the best of his recollection he should think in all it would amount to eight months, but at what particular times, or for long he was out each time he cannot state with any certainty - He has never received a written discharge, and has no documentary proof of any part of his services - He has no knowledge of any person living, that he could prove any parts of his service, and [illegible]
['the Company being in the State of any' crossed out]

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part of his services, unless there be some one of his company living in the State of Vermont and he has no knowledge that there are any of them alive - He hereby relinquishes every claim whatever to a pension or annuity, except the present, and declares that his name is not upon the pension Roll of the agency of any State - 
/s/Edward Everts
Sworn & subscribed the day and year aforesaid}
/s/Robt Monell
Vice Chancellor

The following questions were propounded by the Court to the applicant - 

First - When and in what year were you born? 
Ans - He was born in the Town of Guilford, New Haven County, State of Connecticut, the 3d day of March 1753 -
Second - Have you any record of your age, and if so where is it? - 
Answer - He knows that his name is recorded in the Town Clerk's Office of the Town in which he born -
3a. When were living when called into service; when have you lived since the Revolutionary War, and where do you now live?
Ans - When called into service he lived in the Town of Sunderland in the State of Vermont - Since the Revolutionary War he has lived in the Town of Granville in the County of Washington + State of New York, in the town Pollet, County of Rutland and State of Vermont and in the town of Hillsdale, Columbia County, + State of New York, and in the Town of Greene, County of Chenango and State of New York, where he now lives -

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Fourth - How were you called into service; were you drafted, did you Volunteer or were you a substitute; and if a Substitute for whom?
Ans - He always served as a Volunteer
Fifth - State the names of some of the regular officers who were with the Troops when you sound; such Continental and militia regiments as you can recollect and the general circumstances of your service - 
Ans - He saw Genl Gates when he was at Ticonderoga Colonel Warner - Captain Hall, and Lieut. Dudley of the Continental line - He saw the regiments of the State of Massachusetts but did not know them by any particular name - There was nothing transpired during his service worthy of mention.
Sixth - Did you ever receive a discharge and if so, by whom was it given, and what has become of it? - 
Answer He never received a written discharge - 
Seventh State the names of persons in your present neighborhood to whom you are known, and who can testify as to your Character for veracity, and their belief of your services as a soldier of the Revolution - 
Answer. Warren Gray Esquire - Joel Winston - Jeremiah Bingham - Aden Elliott - Joab Elliott - 
W Abel Everts and Charles Squires, residing in the Town of Greene, County of Chenango and State of New York, hereby certify, that we are well acquainted with Edward Everett who has subscribed and sworn to the above declaration and that we believe him to be eighty years old. 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 - 
/s/Charles Squires
Sworn + subscribed the

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day + year aforesaid
/s/Abel Everts

/s/ Robt. Monell
Vice Chancellor

And the said Court does hereby declare his opinion after the investigation of the matter, and after putting the interrogatories prescribed by the War dependent; that the above named applicant was a Revolutionary Soldier, and served as he states, and the Court in further certifies that it appears to him that Charles Squires and Abel Everts, residents in the town of Greene, County of Chenango and State of New York, who have signed the preceding certificate, an credible persons, and that their statements an entitled to credit - 
/s/Robt. Monell
Vice Chancellor

I Jonathan L. Woods Clerk of the Court of Chancery of the sixth circuit of the State of New York, do hereby certify, that the foregoing contains the original proceedings of the said Court in the matter of the application of Edward Everts for a Pension - .
In testimony whereof I have hereunto set my hand and seal of Office, this Twenty third day of August, in the year of our Lord one thousand eight hundred and Thirty two - 
[court seal affixed]
/s/Jonathan L. Woods Clk -

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Revolutionary
Power of Atty of Abel Everts son of Edward
N. York
Nov 18 - 1852
F. E. Hassler

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State of New York
County of Chenango}
Be it known, that on this Third day of November A. D. 1852 before me, the undersigned, a Justice of the Peace in and for the County of State aforesaid, personally appeared Abel Everts resident of Greene in said County, and made with according to law that he is one of the Heirs at Law of Edward Evarts who has a Soldier in the war of the Revolution, and who has heretofore made application for the benefit of the Pension Act of [blank]. that he is directly interested as a claimant in said pension and makes this affidavit to be filed with such additional evidence or arguments as my Agent may use in prosecuting said claim.
Countermanding and revoking all Powers of Attorney, and authority heretofore given, I hereby constitute and appoint F. E. Hassler of Washington City, my true and lawful Attorney, to prosecute the claim Edward Evarts for any amount of Revolutionary Pension, or increase of Pension that may be due; and I hereby authorize my said Attorney to examine all papers or documents in relation to said claim on file in the Department at Washington City, or elsewhere, to file additional evidence or arguments, and to receive for my exclusive benefit, the certificate which may be issued for said claim, which certificate I wish made payable at the Washington City, D. C. Agency; to appoint one or more substitutes under him for the purposes herein expressed, and to do all things that I might or could do were I personally present. Hereby ratifying and confirming all that my said Attorney and Agent shall lawfully do in the premises.
/s/Abel Everts

Sworn to, Subscribed and Acknowledged before me the day and year above written, and I hereby certify that I believe the said Abel Evarts to be directly interested in and said claim as set forth, and to be the identical party therein alleged: (The words "C.W. Bennett" erased and "F. E. Hassler" inserted before signings)
/s/Warren Gray Justice of the Peace

State of New York
County of Chenango}
It is hereby Certified, that satisfactory evidence has been exhibited before me, Clerk of the Court of Chenango County that Abel Evarts the part who has sworn to, and acknowledged the foregoing Declaration and Power of Attorney is the Heir at Law of the reputed soldier aforesaid. I further certify, that Warren Gray Esq. before whom the preceding affidavit and Power of Attorney were made and acknowledged, was, at the time of so doing, a Justice of the Peace, in and for said County, and that the signature purporting to be his, I believe to be genuine.
In Testimony Whereof, I have hereunto set my hand and affixed my seal of Office, this Fourth day of November 1852.
12  /s/H S Read Clerk of the Supreme Court & of Chenango Co

1. Claimant's name or names in full. _2. Post Office address.
3 "That he is the identical," or, "that she is the widow of the identical man," " that he or she is the legal heir of the identical man," &c., &c.
4. Leave this line blank. -5. "He is," "she is," or "they are." -6. Revolutionary soldier's full name. -7. Claimant's signature.-8. Claimant's name._9. Magistrate signature. 10. "Identical," "widow of." or, "child of."-11. Magistrate's name.-12. Clerk's signature.

N. B. - Should two or more heirs join in the foregoing, the plural should be substituted for the singular number.

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Important Papers
LRJ

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POWERS OF ATTORNEY - Revolutionary Pension Claims.

Know all Men by these Presents, That I. Edward J. Everts of Harford in the County of Cortland and State of New York do hereby constitute and appoint Erving Lainter of Harford aforesaid my true and lawful Agent and Attorney, to prosecute the Claim of Edward Everts for any amount of Revolutionary Pension, or Increase of Pension, that may be due; and I hereby authorize my said Agent to examine all the papers and documents in relation to said claim, on file in the Departments at Washington City or elsewhere; to file additional evidence or arguments; and to receive the Certificate which may be issued for said Claim, which Certificate I wish made payable to Edward J. Everts, Marshall M. Everts, Adah Huntington, Miranda Finch, Silphyria Potter, and Almera T. Clark.
to appoint one or more substitutes under him for the purposes herein expressed; and to do all things that I might or could do were I personally present. Hereby ratifying and confirming all that my said Attorney and Agent shall lawfully do in the premises. 
Witness my hand and Seal this 14 day October A. D. 1853.
/s/Edward J. Everts

Signed and Sealed in presence of 
/s/G. C. Stevens
/s/N. Tompkins }

STATE OF New York
COUNTY OF Cortland}ss.

On this fourteenth day of October A.D. 1853 before me, the subscriber, a Justice of the Peace in and for the County aforesaid, personally appeared Edward J. Everts and acknowledged the foregoing Power of Attorney to be act and deed, for the purposes therein mentioned.
IN TESTIMONY WHEREOF, I hereunto set my hand, the day and year aforesaid.}
/s/N. Tompkins Justice Peace.

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CLAIM OF Edward Everts
ACT OF June 7th 1832

STATE OF New York
COUNTY of Cortland}ss.
Be it known, That on this fourteenth day of October A. D. eighteen hundred and fifty three. before the undersigned, a Justice of the Peace in and for the County and State aforesaid, personally appeared Edward J. Everts a resident of Harford in said County, and made oath according to law that he is the sone of Edward Evarts formerly of Sunderland in the county of Bennington and State of Vermont and late of Harford aforesaid deceased
 who was a Revolutionary Soldier and claimant of a Pension under the laws of the United States at the rate of [blank] Dollars per annum; he has been informed that the said Pension ought to be allowed; that he is directly interested as a claimant in said Pension, and makes this affidavit to be filed with such additional evidence or arguments as my Agent may use in prosecuting said claim. 
/s/Edward J. Everts
Sworn to and subscribed, the day and year aforesaid, before me. 
/s/N. Tompkins, J. Peace.

I N. Tompkins Justice of the Peace, in and for said County, do hereby certify that Edward J. Everts who executed the foregoing paper is a respectable resident of this County, and is, I believe, directly interested in said claim as therein set forth.
/s/N. Tompkins J. Peace.

I Rufus A. Reed Clerk of the county Court in the County and State aforesaid, do hereby certify that N. Tompkins before whom the foregoing papers were executed, was, at the date of the same, a Justice of the Peace in and for said County, duly authorized by law to administer oaths; and the name thereunto subscribed, is his signature.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed my official Seal this 22d day of October A. D. 1853.
/s/Rufus A. Reed Clerk.

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[blank form]

STATE OF 
COUNTY OF  }ss.

It is hereby certified that satisfactory evidence has been exhibited before me [blank]
that [blank] was a Revolutionary Pensioner of the United States at the rate of $ [blank] per annum and that [blank] died on the [blank] day of [blank] eighteen hundred and [blank] leaving surviving [blank] and that [blank] the only surviving child [blank] of the aforesaid.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my seal of office this [blank] day of [blank] one thousand eight hundred and fifty [blank]

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No 8028
Edward Everts

Specific reqd

5.16.
2 y. 14 35

Patterson & Morrell

Greene
Chenango Cy.
N Yrk
P - 206.

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No 8028

Brief in the case of Edward Everts, of Greene, County of Chenango in the State of New York
(Act 7th June, 1832.)

1. Was the declaration made before the Court or a Judge? Before a Court
2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?
3. How old is he? Eighty years 80
4. State his service, as directed in the form annexed.
______________________
[column headings: Period.|Duration of service. |Rank.| Names of General and Field Officers under whom he served.|]
[blank]|(Years,|Months,|Days.)|As a| Gen.|
Was called out in the summer In 1775}|- |([blank]|9)|Volunteer|Capt. Daniel Comstock Lieut. Eli Bronson Vermont Militia|
volunteered soon after In the Fall of 1776|(- |2| - | " |Capt Gideon Brownson Commandant|
[blank]|( - | 2| - | " |Capt Hutchins [illegible]|
Was called in the company to which he was attached at various times at 2 or 3 days at a time, during the whole of the War until the close|(about)|8|[blank]|[blank]|Col. Timothy Brownson, Capt Daniel Comstock; [illegible] Lieut Eli Bronson, some officer|
5. In what battles was he engaged?
not any
6. Where did he reside when he entered the service?
In Sunderland Vermont
7. Is his statement supported by living witnesses, by documentary proof, by traditionary evidence, by incidental evidence, or by the rolls? His tradition is supported by the belief and oath of the respectable citizens of the same Town, where credibility is verified by the Court.
8. Are the papers defective as to form or authentication? and if so, in what respect?
no [illegible]

I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
/s/Chas G. Gideon Examining Clerk

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['Acts of July 14, 1862, and March 3, 1873' crossed out]
[annotated] REJECTED
3409
P. O.  ______
Edward Everts
Service: ______
Enlisted: ______, 18.
Discharged: ______, 18.

Application filed: ______, 18
Alleges: ______
Re-enlisted: ______

Attorney: ______
P. O. ______
______Recognized.  ______Contract.
_____Cert. of Dis.  Searched for ______, 18.

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Edward Everts
New York

Act of June 1832
Suspended

Sec letter to Patterson
Monell 15 April
1833

3407

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[margin note] This brief should be returned the case.

BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of Edward Everts which require further proof or explanation.
I. Does the declaration show where the applicant resides? Yes
II. Did the declarant make the declaration in the county where he resides? Yes
III. If the applicant did not make the declaration in the county where he resides, is there any reason assigned for his not doing so?
IV. Has the declarant mentioned the period or periods of the war when he served? Yes
V. Has he mentioned 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? Not satisfactorily
No - Each tour of service should be Separately + distinclly(sic) alleged - no allowance will be
VI. Has he given the names of the officers under whom he served, in conformity with the regulations? Yes
made for an alleged agregate(sic) service composed of different Tours without such Tours distinclly narrated
VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1852? Yes
VIII. Has the Court given their opinion? Yes
IX. Has the Clerk given his certificate? Yes
X. Is the Clerk's seal affixed? And if so, has it a device or inscription by which it can be distinguished from any other seal? Yes

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2

XI. Has the applicant obtained the evidence of a clergyman and another respectable citizen as to their belief respecting his age and the general belief in his neighborhood relative to his revolutionary services? Town respectable citizens
XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it? Yes
XIII. If the applicant has no documentary evidence, and has not obtained the testimony of at least one living witness, has he stated in his declaration that such proof cannot be had?
Yes
XIV. +If the applicant has produced a witness or witnesses as to his service, has the magistrate who administered the oath certified that he, she, or they are persons of credibility?
XV. Does it appear from any of the papers that the witness was in such a situation, or of such an age, as to have a personal knowledge of the applicant's service?
XVI. ++Are the papers authenticated as the regulations direct?
No
XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered? 
_____
EXPLANATORY NOTES.
++QUERE V. 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 a ____. For ____months and ____days, I served as a ____; and for such service I claim a pension."

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It is important in all cases to determine with precision the period for which the 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 [words "about" through "months" are italicized] is too indefinite, and all such qualifying expressions are objectionable.

QUERE XIV. 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 witnesses, who are required to set forth in their affidavits the time of the claimants entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which be [sic] belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the affidavits must be properly authenticated, as above directed.

QUERE XVI. Mode of authenticating papers.

In every instance where the certificate of the certifying officer who authenticated 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, then end 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.

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State of New York
Chenango County ss} On this twenty ninth day of January, one thousand, eight hundred and thirty three again personally appeared in open Court before the Honorable Robert Monell Vice Chancellor of the Sixth circuity of the State of New York at a Court of Chancery held at the residence of said Vice Chancellor in the Village of Greene county aforesaid, Edward Everts, a resident of said town of Greene, who being again first duly sworn according to law, doth on his oath make the following additional declaration in order to Entitle him to the benefit of the act of Congress, passed June 7th, 1832 - 
That by reason of old age and the consequent loss of Memory, he cannot swear positively as to the precise length of his services, but according to the best of his recollection he served in the following grades, under the following named officers and at the following times. That in the summer of the year 1775 he served as a private in the Company of Captain Daniel Comstock for the term of nine days, as mentioned in his original declaration - That the same summer of the same year he served as a private in the Company of one Captain Hutchins, as stated in his original declaration for the term of two months and four days, being the time he was from home while going to, remaining at and returning from Rutland - That in the fall of the year 1776, he served as a private in the Company of Captain Daniel Comstock, Lieut Eli Bronson in a regiment commanded by Colonel Timothy Brownson. That he served at this time for the term of two months and six days - two months at Ticonderoga and six days in going and returning - That in consequence of his loss of memory he cannot, in relation to his services as a minute man subsequent to the fall of the year 1776, state with any more certainty there

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he has one in his original declaration, hereto annexed, except, that the residence of his services were in the Company of Captain Daniel Comstock, and he is positive could not he less than eight months.
That in answer to the twelfth objection, made to the original declaration of this deponent, he answers that there was not in the town in which he resides, a Clergyman with whom he was sufficiently acquainted as to be able to procure his Certificate, or one with whom the Court was acquainted - 
/s/Edwards Everts
Sworn + subscribed the day + year aforesaid} - 
/s/Robt. Monell
Vice Chancellor