Revolutionary War Pension and Bounty Land Warrant Application File R. 340, Daniel Babcock, Conn R. I.

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(3-1776)
SERVICE   NUMBER
Conn. Babock, Daniel  R 340
R.I.

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State of New York
County of Genesee}
On this 15th day of Oct 1832 Personally appeared in open Court before the Judges of the Court of Common Pleas now sitting Daniel Babcock a resident of the Town of Elba in the County of Genesee and state of New York aged Eighty years who being first duly sworn according to law doth on his oath make the following Declaration in order to obtain the benefit of the act of Congress passed Jun 7th 1832 that he enlisted in the service of the  United States under the following named officers and served as herein stated that he enlisted in the State Troops of [illegible] of Rhode Island in the year 1775 in the Month of April in the Company of Capt. Samuel Ward, Elijah Lewis Lieut, Ebneser Adams Ensign for the term of Nine Months according to his best recollection. Col. Varnum Commanded the Regiment, when he Enlisted went to Barton was [illegible] on Prospect Hill was at the Battle of Bunker Hill and in sight of Charleston at the time the British set fire and burnt the Town that General Israel Putnam was an officer that [illegible] and General Warren was killed in the battle; this deponent served out the Period of his Enlistment was discharged and returned home.
That in April 1776 This deponent again enlisted with the company of Capt. Nathan Palmer of Connecticut, John Belcher Lieut, Clement Minor, Emiss Cal Walcott of New London Commanded the Regiment. Served about nine months at New London and Stammfield Paint worked at building Fort Trumbull and the Fort at Windmill Point and was discharged after having served out the term of his Enlistment which he marks was for nine months and returned home to Westerly in Rhode Island & that he was drafted n seventy seven from the Company of Lieut Timothy West went to Tiverton served one Month and was discharged.

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This Deponent further saith that he was drafted again the same year 1777 and was stationed at New Port in Rhode Island served one Month and was discharged the above service was rendered in what was called [illegible] Expedition.
Was drafted again in the year 1778 and went to New Port R.I. and served one Month and was discharged he thinks William Blivin was his Captain.
Served one month in the year 1778 as a substitute for Barton A. Champlis at New Port R.I. He cannot remember so as to describe the particular month when the above services were rendered as a [illegible] Militia man.
In May or June 1778 Capt William Blivin's Company was detached as Minute Men to guard the sea shore at the Town of Westerly R. Island when the British vessels were [illegible] the American rebels on shore and frequently landed in  considerable parties and took away cattle and property this deponent as one of said Company took his [illegible] the [illegible] than with others of same company [illegible] period of abut five Months the same because it became necessary for him to watch every night and some hours [illegible.]
That he was born in the Town of Westerly in Rhode Island about the year 1752. Lived in the same place when called into the service and until about thirty two years of age he Removed to Brookfield Madison County N. York where he lived about Eleven years and then removed to Batavia (in Elba) in the county of Genesse where he has resided about 21 years and where he now resides.

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That he was acquainted for a while at and near Boston the following appears [illegible] Col. [illegible] Majah  Grum Gen Israel Putnman General Charles Lee; while at New London he was acquainted with Col. Warren & Col. Ledgard & Capt. Palmer and  the other officers of his [illegible.]
he does not recollect if [illegible] for a militia Discharge at any time During the different periods or which he served.
That he is acquainted with Elder Martin Colman of Batavia and with his wife was acquainted with them in Westerly R. I. and also in Brookfield Madison County and also that he is acquainted with Charles Woodward Esqr Dart Woodward Esqr. Davis all of whom can testify to his character for truth and veracity.
That he has no record of his age that he knows of; that he has ha a record of his age but the same was burned up with his House in the year 1815 in the Town of Elba.
That he hereby relinquishes every claim whatever to a pension or annuity except the present and believes that his name is not on any Pension Roll of the agency of any State.
Subscribed and sworn    [signed] David Babcock
in open Court Oct. 15, 1832
Timothy Fitch Clerk

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Genesee County ss
Mr. Martin Coleman a Clergyman residing in the Town of Byram Genesee County and Charles Woodworth a resident of the Town of Elba hereby certify that we are well acquainted with Daniel Babcock who has subscribed and sworn to the above Declaration that we believe him to be about Eighty years of age that he is reputed and believed in the neighborhood where he resides he have been a soldier of the Revolution and the we concur in that opinion.
Sworn and subscribed this day of 1832.

and the said Court do hereby declare their opinion after the investigation of the [illegible] and after putting their interrogations presented to the War Department that the above named applicant was a Revolutionary Soldier and served as he states and the Court further certifies that Martin Coleman who has signed the preceding Certificate is a Clergyman residing in the Town of Byram and that Charles Woodworth is an acting Magistrate of the Town of Elba in the County of Genesee and that their statement is entitled to Credit.

I Timothy Fitch Clerk of this Court do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Daniel Babcock for a Pension and also that E.D. Davis before whom the annexed

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affadavit [sic] purported to have been taken was on the da of the date thereof a Justice of the Peace and acting under the authority of the State of New York and that I am acquainted with the hand writing of the said Justice and verily believe that the signature is in his  own proper hand writing. In testimony whereof I have hereunto set my hand and seal of my said office this 15 day of October 1832.
[signed] Timothy Fitch Clerk

Lad Griffith and Robin Griffith of the Town of Batavia in the said County having Duly sworn according to Law Depose and say that they were well acquainted with Daniel Babcock in the state of Rhode Island and know that he was always reputed to have been a soldier of the Revolution both in Rhode Island and in the neighborhood where he now resides. And the said Petitioner further saith that she is the sister of the said Daniel Babcock and lived at her Father's when her brother Daniel went in for the service that she recollects of his going and of his returning home from the service a great number of times she will recollects his Enlisting into Capt. Palmer's Company.

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And also she recollects of him her Brother Daniel Babcock's entertaining the family on his return home with the story of his service and what he had seen and heard in the Army and also he used to speak often of the British Fleet of the cattle from the Farmers & taking them to their fleet which lay off Black Island Sound & that from her knowledge of the facts and circumstances as she has no doubt that her Brother Daniel Babcock was in the Service more than Two years at different times or Periods during the Revolutionary War.
Subscribed and     [signed} Lad Griffith
sworn this 9th day of      Ptience Griffith
Oct 1832 before me
E.D. Davis Justice of the Peace

I E. D. Davis a Justice of the Peace of Genesse County do hereby certify that I am well acquainted with Lad Griffith and and Patience his wife and have no  hesitation in saying that their reputations  for truth and veracity are good and that their statement is entitled to Credit.
Dated Elba Oct 9th 1832
E.D. Davis Justice of the Peace

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Town [illegible]
Gibson County } ss
Personally appeared before me the undersigned a Justice of the Peace of the Town & County aforesaid Daniel Babcock who being duly sworn deposeth & saith that by reason of Old age & the consequent loss of memory he cannot swear positively as to the precise length of the longest Periods of his said service. But is positive that he Enlisted in the Month of April 1775 under Capt. Samuel Ward for a Period of not less than Eight Months & that he served out the Period of said Enlistment as stated in his Original Declaration herein annexed and he is also positive that he Enlisted in April 1776 under Capt. Nathan Palmer for a Period of not less than Eight months & that he served out the full Period of his Enlistment as stated in his said Original Declaration herein annexed & he cannot swear that he did not serve for a [illegible] period in both of the above Enlistments.
he is also positive that he served for three months as a drafted Militia Man & one Month as a substitute that as before stated in the declaration hereunto annexed and also that he served as a Minuteman in the Company of Capt. William Bliven not less than five Months as stated in his original Declaration but during the said five months he had time to labor some part of the time for himself but cannot tell the exact time spent in the service. all the above service was rendered as a private soldier and further saith that Capt. Ward under whom he first Enlisted was appointed Major & went to the northward & his Lieutenant Eijah Lewis was appointed Capt. of the campaign his [illegible].
Subscribed and Sworn   [signed] Daniel Babcock
that 10th day of June 1833
before me E. D. Davis Justice

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State of New York
Genesee County ss.  I, Timothy Fitch, Clerk of said county certify that Eleaza D. Davis before whom the foregoing affidavits purport to have been taken and made was at the date of taking the same a Justice of the Peace in and for said county and that I am well acquainted with the handwriting of said Justice and verily believe his name subscribed to said affidavits to be genuine.
In testimony whereof I have hereunto set my name and seal of office this twenty first day of June 1833.
[signed] Timothy Fitch Clerk By B. Pringle Deposeth

[An image of a seal is to the left of the above text.]

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No. 8316
Daniel Babcock
Genesse County
N.Y.
340

[illegible]


Timothy Fitch Clk
same General
N.Y.
[illegible]

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WAR DEPARTMENT,
Pension Office
183
Sir:
The evidence in support of your claim under the act of June 7, 1832, has been examined and the papers are herewith returned. The following is a statement of your case in a tabular form. On comparing these papers with the following rules and the subjcined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will show what is necessary to be done. Those points to which your attention is more particularly directed, you will find marked in the margins with a brace (thus:}). You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request greatly facilitate the investigation of your claim.
 A Statement, shewing [sic] the service of Daniel Babcock Genesse Co, New York

[The following is in tabular format and listed by column.]
[Column 1] Period when the service was rendered.
Enlisted April 1775
Enlisted April 76
Drafted 77
Drafted 77
Drafted 78
Sub 78
May-June 78  what time not specified
[Column 2] Duration of the claimant's service
[Column 2a] Years [No entries]
[Column 2b] Months
9
9
1
1
1
1

[Column 2c] Days. [no entries]
[Column 3] Rank of the claimant. 
Private
[Column 4] name and rand of the Field officers under whom he served.
Capt Ward
Col. Varnum
Col. Walcott
Capt. Blivin
[Column 5] Age at present, and place of abode when he entered the service.
80 years Rhode Island Westerly Town
[Column 6] Proof by which the declaration is supported.
Traditional evidence by living witnesses.

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

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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 persons claiming the benefit of this law as officers, mucicians or privates, will, in the first instance, make application by transmitting the following declaration, which will be made before a Court of Records 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
County of }s s.
On this [blank space] day of [blank space] personally appeared (a) before [blank space] A.B. a resident (b) of [blank space] in the county of [blank space] and State, territory or District of [blank space] aged (c) [blank space] 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. The he enlisted in the Army of the United States in the year (d) [blank space], with [blank space] and served in [blank space] (e) regiment of the [blank space] 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 e 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. [Pointing hand printers mark added] 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 delcares that his name is not on the Pension Roll of an Agency in any State, or (if any) only on that of the Agency in the State of [blank space]
Sworn to and subscribed the day and year aforesaid.  : A.B.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion (g) that the above name applicant was a revolutionary soldier, and served as he states.
I [blank space] of the Court of [blank space] do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of [blank space.]
In testimony whereof, I have hereunto set my hand and seal of office (i) this [blank space] day of [blank space] &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 y 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 [blank space] and C.D. residing in (the same) hereby certify, that we are well acquainted with [blank space]; that we believe him to be [blank space] 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 [blank space] and that C.D., who has also signed the same is a resident in the [blank space] and is a credible person, and that their statement is entitled to credit.
I, [blank space] Clerk of the Court of [blank space] do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of [blank space] for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this [blank space] day of [blank space] &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 witnesses cannot be found, the applicant will so state in his declaration, (l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his alleged service, as they are known at the Department. A very full account of the services of each person

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3
will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.
The Court will propound the following (m) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.
1. Where and in what year were you born?
2. Have you any record of your age, and if so, where is it?
3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?
4. How were you called into service; were you drafted, did you volunteer, or were you a substitute?
5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services.
6. {To a Soldier.{ Did you ever receive a discharge from the service, and if so, by whom was it given, and what has become of it?
{To an Officer.{ Did you ever receive a commission, and if so, by whom was it signed, and what has become of it?
7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution.
The Court will see that the answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant.
The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons - one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion. If one of these persons is a Clergyman, the Court will so certify, and they will also certify to the character and standing of other persons giving such certificates.
The traditionary evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party. And the Courts are requested to be very particular in the enquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
Applicants unable to appear in Court, by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court.
Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the Peace, the certificate of the Secretary of State or territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature.
No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.
_____________________
[a] The declarant must appear in open Court, unless prevented from doing so by reasons 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.
[The following note is highlighted as important to what additional information was being called for in the document in image 11.
[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 made. [Part of the following sentence is underlined.] 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 a __. For __ months and __days, I served as a ___; ad for such service I claim a pension."
It is important, in all cases, to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months, is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state that they served two years in the militia, &c. without specifying the tours, the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must, in every case, be clearly shown under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called 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.
[This note is highlighted.] 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 is 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.
[A pointing finger printers mark] The notes from [a] to [i] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof 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 al be written, and sent to the War Department, with the declaration.

[signed] John N. Ashton

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Ex'r.  INVALID

[The following has been crossed out] Acts of July 14, 1832, and March 3, 1843.
REJECTED
Daniel Babcock
[illegible]
Service:

Enlisted: ____, 18  .
Discharged:__________, 18  .
Application filed: __________, 18  .
[illegible] :___________________
____________________________
Re-enlisted: ______________
_________________________

Attorney:__________________
__________________________

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[The page is largely unreadable with only the following legible]
Suspended

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Hon. Geo. W. Lay H Representatives
Washington City

Elba N.Y.
Nov 20th 1833

[The following is upside down]
Daniel Babcock
Geo. W. Lay

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State of New York
Genesse County ss.
Personally appeared before me the undersigned a Justice of the Peace of said County, Daniel Babcock who being duly sworn deposeth & saith That he is positive that the Company of Capt Samuel Ward was raised in the town of Westerly R. Island in the spring of 1775 & this Deponent is positive that he mustered with said Company in the spring of 75 and went to the Bounds Hill or Prospect Hill as it was sometime called & he served there for the term of Eight months; Capt Ward the fall after was appointed Maj & went to the north under Montgomery. Lieut Elijah Lewis was appointed Captain of Ward's Company, Ebenezer Adams was appointed Lieutenant in place of Lewis and Pierce was appointed Ensign. that James Babcock John John Scribbins William Scribbins James Scribbins Christopher Clark Timothy West Thompson Burdick John Burdick Silas Hall Benjamin Hall he thinks all belonged to the same company. that Christopher Gardner was a Capt with whom he was acquainted. Col Varnum was Colonel of the regiment to which he belonged. William Grum was Major. that he knows of no living witnesses by whom he can prove his service.
Subscribed & sworn this
18th day of Nov 1833  [signed] Daniel Babcock
before me E.D. Davis Justice

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20.198

[Postmark illegible]  FREE

War Department
Washington City

[The following is upside down relative to the above text]
Danl Babcock
[illegible]
March 11, 1833
Pension office
[illegible]

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Rev. [illegible
Attica March 1st 1833
The Subscriber wishes to know whether Daniel Babcock, of Elba N. York was ever placed on the Pension Roll. the enquiry is made by Request of his family, he died about a year since.
Respectfully
Thomas Ellis

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Genesse County ss.
Mr. Charles Woodworth and E.D. Davis of Elba Genesee County hereby certify that we are well acquainted with Daniel Babcock of Elba Genesee County who have subscribed and swear to the above declaration that we believe him to be Eighty years of age that he is reputed and believed in the neighborhood where he resides to have been a soldier of the Revolution and we concur in the opinion.
[Signed] Charles Woodworth
E.D. Davis
Subscribed & sworn to the day
& year aforesaid in open court.
Timothy Fitch Clerk

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 Charles Woodworth and Eleaser D. Davis both residents of the town of Elba in said county of Genesse who have signed the foregoing certificate are credible persons and that their statement is entitled to credit.

[signed] Isaac Wilson
William Mitchell
Robert Earll Jr.