Revolutionary War Pension and Bounty Land Warrant Application File S. 21058, George Bailey, R.I.

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Service                                             Number
R.I.                     Bailey, George         S21058
carded

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21560
Rhode Island
George Bailey
Newport in the State of R.I. 
was a Private in the Company commanded
by Captain Cook of the RI commanded 
by Col Cook in the R.I. 
[cut off] for 17 months

Inscribed on the Roll of Rhode Island
at the rate of 56 dollars - 67 cents per annum,
to commence on the 4th day of March, 1831.

Certificate of Pension issued the 28th day of Sept
1833 and [illegible] John
Comp. Portsmouth, R.I.

Swears to the 4th of Sept 1833 $141.64
Semi-anl. allowance ending [illegible] 25.33
$170.00

Revolutionary Claim,
Act June 7, 1832
Recorded by [illegible] Clerk,
Book E Vol 20 Page 103

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Declaration
IN ORDER TO OBTAIN THE BENEFIT OF THE ACT OF CONGRESS, PASSED JUNE 7,1832
STATE OF RHODE ISLAND
COUNTY OF NEWPORT} ss.
On this Sixth day of May 1833 personally appeared in open Court before the Judges
of Justice of the Court of Tiverton now sitting, George Bailey
a resident of Tiverton in the County of Newport  and state of Rhode Island, aged,
Seventy five years, who being first duly sworn according to law, doth on this oath make the following 
declaration, in order to obtain the benefit of the Act of Congress, passed June 7, 1832.
That he entered the service of the United States under the following named officers, and served as herein stated

That is to say in the month of June 1776, he removed from the Town 
of Middletown on the Island of Rhode Island, in consequence of the 
troubles that then existed, in the provocation of the War, and in anticipation
of greater troubles, which went before them, were they to stay at a place so completely within the power of the enemy- to said Town of Tiverton and was immediately enrolled in the company of Militia in said Town then under the Command of Captain Isaac Cooke- Philip Cory was Lieutenant of said Company and Philip Manchester was Ensign.
In the month of December 1776 and soon after he had
removed from Middletown to said Tiverton, the English took possession of Rhode Island and the waters of Narraganset Bay which port they had been possession of for nearly two years before, by then shipping under the infamous Sir James Wallace, at this time the militia
was ordered out, by drafts, into the public service to guard the shores of the Bay from the incessant attacks of the enemy, who seemed to use every exertion to render all the evils of war more distressing on the inhabitants that border Narragansett Bay who were true to their Country- than even on the armed soldiers.  They had a 
large Army to provide for on Rhode Island - and much of the forage and provisions were sought after from the border of the bay or the river.  Either by landing at the most vulnerable points
a force too strong for the militia and seizing everything they could- or employing the Tories, of which we had many, to bring down
stacks of provisions at certain places on the shores to be conveyed across to the enemy on the Island- against all these things the militia
had to guard- and if any spot should be left unprotected by a strong
unprotected [illegible], theTories, who were well paid by the Enemy in hard money, would
inform them of the circumstances, and such place was almost sure to be immediately visited by the Enemy- guided and directed, perhaps
by some of the Tories - in the excursions they frequently burned our dwelling houses, and took and carried away as prisoners, peaceable and
unoffending inhabitants - if they were friendly to the liberties of the Country
In said month of December 1776 - Your declarant was drafted
from said Company of Militia, which was the R.I. or lower Company in said town

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and was marched to the vicinity of Hogland Ferry, that being a prominent
and exposed place on the shores, to guard the shores, he stayed one month
when his time was out and he was succeeded by the other draft
of said company who took our places and from this time till
the enemy left the Island he continued to be drafted and served in rotation and by turns for one half of the time, in a regular
systematical manner - and said Bailey solemnly declares that
according to the best of his recollection and belief he served in said Militia
Company in manner aforesaid for one half of the time from the 
month of December 1776 to the month of November 1779 - besides
the regular drafts as aforesaid - it frequently happened that the part
of Militia who was not on duty at the time, were called out in
the alarms that were made by the enemy, in their actual landing or threatening to land- These numerous instances of short service in the militia in the manner aforesaid estimation- In these drafts from said company, which were for one month at a time, he was marched [hyphenated illegible]
some one of the officers of said company of Militia and
served in guarding the Western shores of said Town at different
points from Hogland ferry northwards to Howlands ferry, but
[illegible] than at any other place at the Hogland ferry. there was [illegible]
and place of rendezvous for the Militia - In these services
he has served under Capt Isaac Cooke and Ensign Philip Manchester- and each of them at
during times- and he thinks at sometimes under other officers whom he cannot now concern him- then said Co was attached to the Regiment of Col John Cook. but he thinks that General Cornwell who commanded the state troops on the east side of the Bay had the direction of the guard service
In one of the drafts from the __Company in the month of October 1777 he joined the American forces then assembled for the 
purposes of going on to Rhode Island-- Capt. Cook then Commanded the Company and [illegible] John Cook commanded the Right and Gen Spencer commander -in chief- he also remembers General Cornell in this expeditions.
Again in one said drafts from said Company in the month of August 1778 he was marches on to Rhode Island-under General Sullivan- Capt Cook Commanded the company and it was attached to the Regiment of Capt Cooks. and Landon Gray was Lt. Col on the Islands- He remembers on the expedition to have Leut General Greene and Cob Greene who commanded the Black Regiment.

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and said Bailey overs that he truly served his country in the militia. in the revolutionary War, in the manner aforesaid for the full term of seventeen and a half months ad rec'd pay for he same- And he further declares that he was born in the town of  Middletown in this bounty on the Island of Rhode Island, on the 15th of July 1757- that he removed to Tiverton in June 1776 where he resides when he was called into the aforesaid services- where he hath resided ever since the revolutionary war and where he still doth live--That he hath no record of his age--that he never received any written discharge from the services aforesaid but was verbally discharged - that he has no documentary evidence of any said service- there is no Clergyman in his neighborhood or vicinity.- he therefore refers to Benjamin Borden V. Borden Braytons Esqir who are his neighbors- who testify to their belief that he was a soldier of the Revolution-- and to his character for veracity- and also to the     depositary the aforementioned services performed as a private soldier.
He hereby relinquishes every claim whatsoever to a pension or annuity except the present, and declares that his name is not on the Pension Roll of the Agency of any State.
Asa Gray Clerk  
George X Bailey ("his" above the x; "Cross" below the X) 
We Benjamin Borden Gent residing in the town of Tiverton aforesaid and Borden  
Brayton Gent. residing in the (the same) hereby certify, that we are well acquainted with George Bailey who has subscribed and sworn to the above deceleration; that we believe him to be seventy five 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 that opinion.
Sworn to and subscribed the day aforesaid
Asa Gray Clerk
Benjamin Borden  Brudin Brayton
And the court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, tat the above named applicant was a Revolutionary Soldier and served as he states. And the Court further certifies that it appears to them that Benjamin Borden Gent who has signed the preceding certificate, is a resident in the Town of Tiverton aforesaid and that Brudin Brayton Gent. who has also signed the same as a resident in the same Tiverton and credible person/and that their statement is entitled to credit.
I Asa Gray Clerk of the Court of Probate of the town of Tiverton in the County of Newport + state aforeseen, a Court record
do hereby certify that the forgoing contains the original proceedings of the said Court, in the matter of application of George Bailey for a pension. In testimony whereof , I have hereunto set my hand and seal of office this sixty day of Mar in the year of our Lord one thousand Eight hundred and thirty Three, And of American Independence the fifty seventh. 
Asa Gray Clerk Court of Probate

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State of Rhode 
County of Newport
Personally appeared before me the undersigned a justice of the peace within and for the county of Newport, George Bailey, an appeal for a pension, who being duly sworn deposeth and saith that by an old age and the consequential loss of memory, he cannot [illegible two words] as to the precise length of his service, but of his recollection, he served not less than the periods mentioned and in the period of the War mentioned in the following namely the Capt Issac Cook Company of Militia in Tiverton, month as a private at Tiverton in December 1776- In the company of militia in the months of February, April, June, August, October and December in the year 1777 in tours of one month; In the same company in the months of February, April and June.  three tours are one month each as a private, at Tiverton-- In the Company on August 1778 one month on Rhode Island-- In the same company the months of October and December 1778 two months at Tiverton , in the same company in the month of March, May, July and September in the year 1779 four times of one month at a to Tiverton-- making, in all at least seventeen months service [illegible] for which he claims a pension. All of the foregoing services performed in Tiverton at the guard post, on the shores, of the [illegible] our own company officers- Our Company was divided off  two  parts-- and of those parts, one were in service all of the time and released each other every other month- one officers also served by in the same way. That part o fthe company on duty were all at one place, or guard post, an sometimes were [illegible] on to another during a months services- And I [ hyphenated illegible] declare that during all the times aforementioned at the  [illegible] in actual military service and not engaged in any [illegible] during that time and that said Company was called the [illegible] by the State of Rhode Island
Sworn and Subscribed  this 28th
day of August AD 1833 at Tiverton in said County of Newport
Before me, Elihu Hicks, Justice of Peace
George X Bailey ("his mark") written above and  below the "X" mark.

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State of Rhode Island and Providence Plantations
Clerks Office of the Court of Probate of the town of Tiverton in the County of Newport to State aforesaid
I Asa Gray Clerk of said Court being in Court of Record do hereby certify that Elihu Hicks [illegible] Justice of the Peace in the town of Tiverton in the said County of Newport was appointed by the General Assembly and is commissioned by the Governor of this state and is fully authorized to act his said capacity an I further certify that the  signature  of the name affixed to the within deposition is the genuine signature of said Elihur Hicks
in testimony where I have here_________ my hand and affixed the seal of service Court at said Tiverton in this thirteenth day of August One thousand Eight hundred and thirty three
{illegible] of American Independence the fifty eighth
Asa Gray Clerk

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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 paper are herewith returned. the following is a statement of your case in a tabular form. On comparing these papers with the following rules, and the subjoined notes, you will readily perceive that objections exist, which must be removed before a pension can be allowed. The notes and the regulations will show what is necessary to be done.  These 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 the Department; send this printed letter with then; and you will be complying with this request, greatly facilitate the investigation of your claim.
______________________________________________
[Table]
A Statement , showing the Service of George Bailey Newport County Rhode Island
_______________________________________________
Draft Date Dec 1776
Duration of service 1 months. 
Rank of Claimant- Private
Name Served under Capt Cook, Col Cook and General Corwell
Age at present 75
Place of abode when entered service Tiverton Rhode Island
Proof of declaration- traditionary evidence and four witnesses certified credible 
papers correct
The applicant states that he continued to serve, alternately, in monthly tours until Nov 1779
Served- 1777  {Capt Cook, Col Cook, General Spencer, General Corwell
Served 1778   General Sullivan, Capt Cook
the applicant ;[illegible], that he served in a manner aforesed the full  term of Seventeen

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2
REGULATIONS UNDER THE ACT OF JUNE 7, 1832
The following regulations have been adopted:
The 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, Boatman, &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 no 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 offices, non-commission 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 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 i.e. resided when he entered the service; the battles, if any, in which he was engaged, and the country through which he marched. ILLEGIBLE 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 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 (g) that the above named applicate 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 believes, 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 Solder, and served as he states. And the Court further certifies, that is 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 states 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

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State of Rhode Island Providence Plantation
Clerks office of the court of Probate of the Town of [illegible] in the County of Newport and State aforesaid, I Asa Grey clerk of said court do hereby certify that Abner Simmons whose signature is affixed to the certificates on the annexed depositions is one of the justices of the peace for the town of Tiverton & County of Newport in this state duly commissioned under the seal of said state and fully qualified to act in his said office - and I do further certify that the signature of his name on said Depositions are his own proper handwriting in testimony where of I have here unto set my hand and affixed the seal of said court at said Tiverton this sixth day of May in the year of our Lord on thousand eight hundred and thirty three. And of American Independence the fifty seventh. 
Asa Gray Clerk Court of Probate

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I Abraham Manchester of Tiviton, in the County of Newport and State of Rhode Island aged seventy five years on solemn oath depose and say, that at the brink of the Revolutionary war and since I have been acquainted with George Bailey, residing in said Tiverton, at the time the British held possession of Rhode Island, said Bailey belonged to the lower Company of Militia in said Tiverton commanded by Capt Isaac Cook in the Regiment of Col John Cook. I do not now recollect of our being on duty together at any particular time, but I do recollect of seeing him on duty in siad Company , at several different times, extending through the period the enemy held Rhode Island [illegible] from December 1776 to the autumn of 1777, engaged in guarding the shores of said Tiverton from Hogland Ferry Northernly, to prevent the enemy from passing over and committing depredations. I belonged to the same Company, and one half of it was basically on duty and for a month at a time according to the best of my recollection, and the month that it was not my time to serve I used frequently to be at the shore, and where the soldiers were stationed, they being many of them my neighbors and acquaintances, and my residence being in the vicinity.
(checkmark) Abraham Manchester
State of Rhode Island
County of Newport [illegible]
Be it known that on the 6th Day of May AD 1833. Before the subscriber , a justice of the peace in and for Said County personally appeared the above named Abraham Manchester and made Solemn oath to the Truth of the above Deposition by him Subscribed And I do hereby Certify that the Depossent is a Credible person
Abner Simmons Justice , Peace

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Portsmouth R.I. Sept. 2, 1833

D. Sir, 
I herewith and the amended de.l of William Sherman and George Bailey of Tiverton for pensions - I hope they will now be found to be satisfactory - W. Sherman services on very mentions - there are a few soldiers now living I believe who did more service in the Revolution than he did. The credibility of Mr. Clark of Providence is now duly certified by Judge Pitman - 

I have the honor to be with great respect your Hbt. servant, 
John Cross

J.L. Edwards
Commission of Pensions
Washington City

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Aphraim Macomber

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I Ephraim Macomber of Tiverton in the County of Newport & State of Rhode Island aged eighty three years on solemn oath depose and say that during the Revolutionary war and since I have been well acquainted with George Bailey residing in said Tiverton an applicant for a pension under the late act of Congress we were both enrolled in the first company of Militia in said Tiverton under Capt. Cook and form the time the enemy took possession of Rhode Island in 1776 till they left in 1779. I have been on duty with him at divers times employed in the service in guarding the shores of said Tiverton from Fogland Ferry northward to prevent the incursions of the enemy our periods of service were a month at a time and we served one half of the time the enemy held Rhode Island according to the best of my recollection. I also recollect that he joined the forces assembled in Spencer's expedition and further this deponent saith not. 
Ephraim Macomber

State of Rhode Island 
County of Newport

Be it known that on the 26 day of April AD 1833 before he subscriber a justice of the peace in and for said county personally appeared Ephraim Macomber and made solemn oath to the truth of the above deposition by him subscribed and I do hereby certify that the deponent is credible person. 
Abner Simmons Justice Peace

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I Ichabod Simmons of Tiverton in the county of Newport & State of Rhode Island aged 71 years do testify & say that in the time of the revolutionary war & since I have known George Bailey resident in the said Tiverton an applicatn for a pension under the late act of congress we were both enrolled int he first company of Militia ins aid Tiverton under the command of Captain Isaac Cook in the spring or summer in the year 1777. I was on duty with said George Bailey stationed at Joseph Olny guarding the Tiverton shores but how long he served I cannot say - as I went in the continental army in September same year. 
Ichabod Simmons

State of Rhode Island
County of Newport
Beit known that on the 4th day of May AD 1833 before the subscriber a Justice of the Peace in and for said county personally appeared the above named Ichabod Simmons and mad solemn oath to the truth of the above deposition by him. Subscribed and I do hereby certify that the deponent is a credible person. 
Abner Simmons Justice Peace

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I William Cook of Tiverton in the county of Newport & State of Rhode Island aged 77 years do testify & say that for sixty years past I have been well acquainted with George Bailey a resident in the same Tiverton applicant for a pension under the late act of Congress in the time of the Revolutionary War, and in the spring of the year 1778 I returned home to said Tiverton out of the 15 month service and was then enrolled in the first company of militia in said Tiverton Commanded by Capt. Isaac Cook in which company George Bailey was enrolled from that time until the British left Rhode Island in the fall of the year of 1779. I have been  on duty with him at divers times & places in guarding the shores of said Tiverton from Fogland Ferry northward, our periods of service were a month at a time and we served one half of the time according to the best of my recollection and further deponent saith not. 
William Cook

State of Rhode Island 
County of Newport

Be it known that on the 6th day of May AD 1833 Before the subscriber a justice of the peace in and for said county personally appeared the above named William Cook and made solemn oath to the truth of the above deposition by him subscribed and I do hereby certify that the deponent is a credible person. 
Abner Simmons Justice Peace

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21058

Invalid
Revolution

File No. 21,058
George Baily
Pri Rev War

Act: June 7" 32"

Index: - Vol. 2, Page 28

[Arrangement of 1870]

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[blank page]

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No. 25740

George Bailey Newport County
Rhode Island

Private 17 March

5 Ob

56.6 1/2
113.34
2.8.33
141.67


John Cross Portsmouth Rd. Island

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alleged service, as they are known at the Department. A very full account of the services of each person
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 exexpected
. 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
CASC.
The Court will propound the following (m) interrogatories to all applicants for a pension, on account of
service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State
troops of Virginia.
1. Where and in what year were you born?
2. Have you any record of your age, and if so, where is it?
3. Where were you living when called into service; where have you lived since the Revolutionary war
, and where do you now live?
4. How were you called into service; were you drafted, did you volunteer, or were you a substitute?
And if a substitute, for whom?
5. State the names of some of the Regular Officers, who were with the troops, where you served; such
Continental and Militia Regiments as you can recollect, and the general circumstances of your services.
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?
Did you ever receive a commission, and if so, by whom was it signed, and what
Office 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
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
The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will for
low the rule laid down for his guidance.
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.
The age of the claim
est invariably be mentioned.
The declarant must me
tion 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
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 andavit 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 can
not swear positively as to the precise length of his service; but, according to the best of his
collection he served less than the periods mentioned below, and the service I claim a pension.
months, and-
-- days, I served as arant
, 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 here at 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.
┃ 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 pubseal
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.
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 in
set forth in their affida
davits 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 witness
and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
The notes from to are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule is
note applies to continental troops only.
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