Revolutionary War Pension and Bounty Land Warrant Application File S. 9528, George Weir, S.C.

SERVICE
NUMBER
S. b.
Weir, George. Weir or
S 9528.
Born in Ireland
boarded
CONTENTS

Dead
Paid at the Treasury under the Act of the 1st April 1838 for the period from the 1st Sept. 1836 to the 4th May 1839, the day of his death. Age 74. Paid 9 March 1840
A.S. Wallace May 4, 1857.
South Carolina 23.805
George Wier, Chester, in the State of So. Ca: who was a Pr in the commanded by Captain of the Ship commanded by Col. Lacy in the So. Ca: for 18 months.
George Wier Jan 31, 1905. Records corrected.
Inscribed on the Roll of South Ca: at the rate of 60 Dollars Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 8th day of Sept. 1830 and sent Hon. M. G. Blount - N.P.
Arrears to the 4th of March 1834 180.- Semi-ant. allowance ending Sept. 30. $210.-
Revolutionary Claim, Act June 7, 1832.
Recorded by Nath. Pierce Clerk ok E Vol. C Page 83.

Rich Hill S.C + Roads S.C. 25 th March 1857
G. C. Whiting.
Capt of Pensioners
Sir You will
confer a favor on me to per- mit A. S. Wallace of York District S.C. to examine my Father George Miers claim for an increase of Pension by himself or agent.
My Father George Miers was a pensioner at rate of £60 per annum. his service was in the Cavalry, which from the length of time he was in service would increase his pay.
Your Complyance will very much oblige Your Humble Servant
David Keir
Withop
James W. Kee magt

State of South Carolina on the 24 day November 1832 Chester District. Personally appeared before me Peter Mullin Judge of the court of ordinary of Signer District George Weir aged 80 years, of the district & state aforesaid, who being duly sworn according to law, doth on his oath make the following declaration, in order to obtain the benefit of the provisions made by the Act of Con- gress passed the 7 th of June 1832. That he first entered the service in the Revolutionary year, in what was commonly called the Snowy Campaign, in the year 1775, in a volunteer company under Capt. John Nixon Lieut. Col. Adams. Col. Richardson M aj. against the Indian & Tories. Gen. Sumter was then Adjutant.
The Expedition commenced in the fall of the year, & con- tinued till some in the winter after Christmas. That they marched over Broad River, & up to the then frontier of the state, to McBurns Creek &c. When they defeated the Enemy & captured a number of prisoners.
That the Snow fell about Christmas, supposed to be the greatest ever in South Carolina. And then torrents of rain, that they often waded deep water through &c. & suffered immensely from cold and continued till the campaign was over.
2 d The next year an Expedition to Charleston, (Still a volunteer in the same company) when the British fleet attacked Fort Moultrie. Was then the time of the Battle, & continued in the Town to guard the Town, until they were discharged. And recollects that they got home in the month of August.
3 d That he does not recollect of being out on any other regular tour of duty until after the fall of Charleston in May 1780. That he had been for a long time con- fined with a cancer in his foot that rendered him unfit for duty. But when the British marched into the country, he turned again a volunteer in the same company, then under Capt. Samuel Adams Col. Lacey M aj. & joined Gen. Sumter. Was at the Battle of the Hanging Rock. And then marched with Gen. down on the west side of the Catawba & Wateree Rivers to the taking of Camden fort near Camden. Then on the way Gen. Gates was defeated on the other side above Camden. That he was left as a

Continual near the Army, when the British force over at them, when the Troops retreated, & he was left alone, & nearly to have been captured by the Enemy.
That he then pursued on & came up with the Army & continued on the retreat until they were over- taken by the British commanded by Col. Tarleton, and defeated at Fishing Creek on the Catawba River. Which scattered the Troops. And lost his Creature the defeat, came home afoot, & lay out till he got some clothing, & then retreated up into the Indian Land & North Carolina. That when the British moved up to Charlotte in North Carolina, he was taken pri- soner by Lord Rawdon's Troops & ordered by his Lord- ship, (for of acquaintance sake) to be hanged for he knew him in Ireland. But by some means his life was saved, & he was put into Charlotte Jail, with John Adams, late Governor of Kentucky, who was a prisoner at the same time. And was some time after- wards paroled, & returned home, but does not know that ever he was exchanged. Adams was kept a prisoner.
4 th The next he thinks was down to the Kangaroo, the time Genl. Green was besieging 96. And the British was mov- ing up to raise the Siege. And was attacked at the June shot by the State Troops, where his neighbour Samuel McWaters was killed.
5 th The next was down by Martic's Mills on the Can- garees, where they staid some time, & then to Brinsburgh And was there when Genl. Green's Army marched down the Country before the Battle of the Eutaw. That he was still a volunteer in the same Company & Regt. But how long he was out on these two Expeditions he cannot well recollect, but knows he always staid until he was dismissed to go home. That he does not recollect of any other regular tour, except it was to guard Prisoners & Horses there in Col. Lacey's Block House; but how long he cannot well
As he has no particular dates to refer to, he cannot state positively how long he was in the Services but having been two tours before the fall of Charleston, & the greater part of the time afterwards until the Enemy was driven out, he thinks he must have been from eighteen months to two years in the service of his Country, & a prisoner. And that he hereby relinquishes every claim whatever to a Pension or Annuity except the presents, & declares that his name is not on the Pension Roll of the Agency of any State, or of the United States —
Green J. [unclear]

To the first Interrogatory he answers.
That he was Born in the Kingdom of Ireland in the year 1752. And Emigrated to America when he was about twenty years of age.
2 nd An. I have been a Record of my age in a Book of my Fathers; but do not know where it is now.
3 rd An. I was living near where I now live, & have lived here ever since in what is now called Chester District.
4 th An. I always volunteered, for I joined a volunteer Company at first under Capt. John Nixon, (who was killed in the war.) And continued to volunteer when ever called upon.
5 th An. I knew Gen. Sumter. Col. Thompson. Col. Joseph Kershaw & Col. Richardson. I believe they were Regulars. Col. John Winn. Col. Richard Winn who was wounded at the Hanging Rock, afterwards Genl. Winn. Col. Lacy. Col. Hill. Col. Bratton. Capt. John Nixon. Capt. Adams. Capt. Mills. Capt. Steele & Capt. McClure that fell at the Hanging Rock. With others of the Militia. The other circumstances I have stated in my declaration.
6 th An. The Militia & Volunteers were not discharged in writing, but merely dismissed when their time of service was out.
7 th An. I am so well known in my Neighbourhood having lived here since the year 1773. That all my aged & respectable Neighbours can testify for me. But I will mention a few that knew me in the time of the war. John Brown, Capt. James Harrison Esq., John McDill, Wm. McGarity, Joseph Gaston Esq. the Rev. Samuel McCracken & John McCracken about the latter end of the war.
Sworn to & subscribed to This 24 th Nov. 1832 in open Court. as also sworn to the Declaration in margin thereof Peter Mylie L.O.L.D
John Wiley

And the court do hereby declare his opinion that the within Samuel George Wier applicant was a revolutionary - Soder and Luvud as he states
Peter Mylie Books
I Peter Mylie clerk of the Court of ordinary do hereby certify - that the foregoing con- tains the original proceedings of the said Court in the matter of the application of George Wier for a pension
In testimony whereof I have here- unto set my hand & seal of office This 24 day of November 1832
Peter Mylie C.C.O.C.D.
G. Wier

State of South Carolina Chester District 3
Personally in open court before me Peter Wylie Judge of the Court of Ordinary for said District appeared George Wier, an applicant for the benefit of the Act of Congress passed the 7 th of June 1832 in order to amend his Declaration: who being duly sworn deposeth and saith that by reason of old age (he now going in 81 years) and the consequent loss of memory, and the great length of time since his services were performed, and the records being kept: That he cannot swear positively to the length of his services: That he has given a fair and true statement in his Declaration of his services according to the best of his memory and the officers he served under: That he can only recollect from the events that took place and the seasons of the year and so forth but with respect to partic- ular days or length of time he cannot: That he so far remembers that the snowy campaign (which was his first) commenced in the fall of the year 1775: (being the fall be- fore American Independence) he thinks about the coming of frost: that the snow fell about Christmas and was fol- lowed by torrents of rain that raised the waters immense- ly so that when they were discharged and the camp broke up it was very difficult of travelling but what time they got home he cannot remember but sometime in the month of January perhaps towards the latter part. His second tour was the next summer to Charleston but what time he left home he cannot posi- tively state, but was there when the British Fleet attacked Fort Moultrie and at the time of the Declaration of Independence and stayed till he was discharged & remembers that he got home in the month of August. Thave stated that when the British invaded the country after the fall of Charleston in May 1780. that I joined General Sumpter, but cannot posi

entirely state the time, but think it to be about the last of July.
That I was at the battle of Hanging Rock, and the taking of Saryp Fort, and at the defeat on Fishing Creek, which was after Gates' defeat. That some time after that I was taken prisoner by the British and confined a Charlotte Jail, but how long I cannot now tell. That I first understood I was to be hanged, but was after some time paroled and returned home. But when Genl. Green came to Camden and had the battle with the British and they began to retreat down the country there was a call for Volunteers and although I did not know that I was ever exchanged, I turned out a volunteer again and then commenced the campaign down to the Congarees, & to Orangeburg two times in the course of that summer. But have no data from which I can ascertain the length of time in either only that I know I always staid my time out until I was discharged, or dismissed to go home. And although it is impossible for me to come up to the strict rules laid down in the marginal notes from the Secretary, instructions considering the great length of time since my services have been performed, yet I think I have given sufficient to satisfy the Department of the validity of my claim which as a conscientious man is all that I can do, and claim on the whole for Eighteen months services and a prisoner. Should the Department on viewing the whole not think me entitled to that sum, they may give me whatever they think proper, as I can give them no farther information on the subject except it might be to the credibility of my testimony and as to it being well known that I was a Revolutionary Soldier. I have sat and thought I had at first

fully complied with the requisitions of the Secretary of War not having seen the marginal notes subjoined to the regulations
Sworn to & signed in open court this 17 th day of October 1833
Good
Peter Mylie Hobbs
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 as also qualifying the above named George Wier to this amendment that in the said application was Revolutionary soldier and served as he states and the court further certifies that it appears to them that Samuel McCreary who has signed an attached certificate sworn before me to Thomas Poon a Justice of the peace of Lancaster District is a respectable Clergyman resident in Chester District (as I am well acquainted with him & know his hand writing) and John McCreary Esq. who has signed a like certificate in open court before me is a resident in Chester District and a man of credibility and that their statements are entitled to credit
Peter Mylie Hobbs
I Peter Mylie Judge and Clerk of the court of ordinary of Chester District do hereby certify that the foregoing attached contains the original proceedings of the said court in the matter of the application of George Wier for a pension
In testimony whereof I have hereunto set my hand & seal of office this 17 th day of October
1833
Peter Mylie Hobbs

District
2/3 7/10 2/3
George Wier
State of South Carolina Chester District Chester Village P.O.

State of South Carolina
Chester District
Personally appeared in open court, before me Peter Myrlie Judge of the Court of Ordinary John Brown, Wm McGarity & Joseph Gaston Esqrs & being duly sworn according to Law, sayeth that they were well acquainted with George Weir the present applicant for the benefit of the Act of Congress passed the 7th of June 1832. That he was a true friend to his Country in the time of the Revolutionary war that they often served with him; & believes that the statements made in his Declaration to be substantially true. That he is a man of truth, & of good moral character, & that his testimony ought be relied on as such. And that they believe him to be of the age of Eighty years as he states.
Known to be signed in John his Brown mark Open Court this 24 th { William his McGarity day of November } mark 1832 Joseph Gaston Esq  Peter Myrlie J O O L D

State of S. Carolina
Chester District } Personally appeared in open
Court before me Peter Mylie Judge of the Court of Ordinary of s.d. District John M c Creary, (formerly a Member of Congress from this District) and being duly sworn on his Oath saith, that he has been well & personally acquainted with George Weir the present applicant for the benefit of the Act of Congress of the 7 th of June 1832. Ever since the latter part of the Revolutionary War. That he is a man of good character, truth & veracity, & is deemed by the Sub- -littants as a Revolutionary Soldier. That he has heard many say they served with him.
That he has no doubt but that his statements in his declarations is true & correct as far as ever his memory would serve him; and ought to be relied on as such. And that he believes him to be of the age he has stated, but of tolerable sound mind for that age; & believes him to be a very con- -scientious man, & that he would state nothing that he did not know or believe to be true.
Sworn to & subscribed in open Court this 17 th day of October 1833 } J. M c Creary Peter Mylie

Lancaster Co Pa 10 1 Aug
Mr George W. Mear Chester Dist Cedar Shrub P.6 S Co

State of South Carolina Lancaster the District
J. P. Thompson
personally appeared before me police Judge Justice of the Peace for Lancaster District of the Court of  ordinary for the District. I do hereby certify that for the space of 56 years (more) from the year of Independence he has been personally acquainted with George Wair a native of Ireland who has resided in Chester District during the term above menti- oned & he served with him in the revolutionary in the campaign of 1780 under Gen Sumpter & that he participated with him in the battle at the Hanging Rock on the 7 th of August in the year 1780 that he is a man of prob- ity & that he has very reason to believe the accompanying declaration which he has made concerning his revolutionary services
Signed to before me
this 5 th day of August 1833
Sam l M c Creary
J. P. Thompson. J. P.
South Carolina Lancaster Dist t I Simon Beckham Clerk of the Court of Com. Pleas for the district aforesaid do hereby certify that J. P. Thompson whose name appears to the above affidavit as a Justice of the Peace is an acting Magistrate in the dist t above named as appears on record in my Office In Witness whereof I have hereunto set my name & affixed the seal of my Office. 6 August 1833 Simon Beckham Clerk

Reborn
9528 INVALID.
File No. 95-28
George Weir ★
Priv. Rev. War
Act: June 2 nd '32
Index:—Vol. 1 , Page 210
[Arrangement of 1870.]
George Weir ★ Jan'y 31, 1905 Records corrected. B.

TREASURY DEPARTMENT,
Second Comptroller's Office,
February 25 th 1838.
Sir:
Under the act of the 6th of April, 1838, entitled "An act directing the transfer of money remaining unclaimed by certain Pensioners, and authorizing the payment of the same at the Treasury of the United States," The child u of George Wier, dec d . a Pensioner on the Roll of the S. Carolina Agency, at the rate of Sixty Dollars and _____ Cents per annum, under the law of the 7 th June 1832, has been paid at this Department, from the 4 th of Sept. 1836, to the 1 st May 1837, the day of his death.
Respectfully, yours,
William B. Parrish Comptroller.
To the Commissioner of Pensions,
Present.

Yrs truly Sola 31 st March 1857.
Hon J. C. Whitney Com. of Pensions,
Dr Sir,
I herewith have you the letter of David Wier requesting me to examine the claim of his father George Wier, late of Chester District, S.C., act of the 9 th June 1832, with view of having the claim increased.
You will confer a favor on me to send me an abstract of his claim, as it is inconvenient for me now to visit Washington. — Wier was pensioned at the rate of $60. per an- num. Very respectfully Yours
A. S. Wallace
Yrs truly Sola

23762. George Wier S 60
Rev Samuel Powell, 18 mos $60. e. j.
For Mr. K. Cleary App. Chamberlain S 60.

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 subjjoined 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 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, showing the Service of
   Period when the service was rendered. Duration of the claimant's service. Rank of the claimant. Names and rank of the Field officers under whom he served. Age at present, and place of abode when he entered the service. Proof by which the declaration is supported.   Years. Months. Days.              
I am, respectfully,
Your obedient servant,
J. L. EDWARDS,
Commissioner of Pensions.

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, non-commissioned officers, musicians 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 } ss. County of }
On this _____ day of _____ personally appeared (a) before A. B. a resident (b) of _____ in the county of _____ and State, Territory or District of _____ aged (c) _____ years, who being first duly sworn, according to law, doth on his oath make the following declaration, in order to obtain the benefit of the provision made by the act of Congress, passed June 7th, 1832. That he enlisted in the Army of the United States in the year (d) _____, with _____ and served in the _____ (e) regiment of the _____ line, under the following named officers:
[Here set forth the names and rank of the Field and Company Officers; the time he left the service; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers;) the town or county and State in which he resided when he entered the service; the battles, if any, in which he was engaged, and the country through which he marched. [This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.]
He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of _____
Sworn to and subscribed the day and year aforesaid.
A. B.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states.
I, _____ of the Court of _____ do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of _____ for a pension.
In testimony whereof, I have hereunto set my hand and seal of office (i) this _____ day of _____ &c.
If, on examination of the proper record, the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out.
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz:
(k) We, A. B., a Clergyman, residing in the _____ and C. D. residing in (the same) _____ hereby certify, that we are well acquainted with _____, who has subscribed and sworn to the above declaration; that we believe him to be _____ years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.
Sworn and subscribed the days and year aforesaid.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that A. B. who has signed the preceding certificate is a clergyman, resident in the _____ and that C. D., who has also signed the same is a resident in the _____ and is a credible person, and that their statement is entitled to credit.
I, _____ Clerk of the Court of _____ do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of _____ for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this _____ day of _____ &c.
Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction.
If such surviving witness cannot be found, the applicant will so state in his declaration, (l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his

alleged service, as they are known at the Department. A very full account of the services of each person 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? 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.  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 traditional 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 reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance.
[b] The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not conforming to the rule.
[c] The age of the claimant must invariably be mentioned.
[d] The declarant must mention the period or periods of the war when he served.
[e] Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had. Every claimant must state, with precision, the length of his service, and the different grades in which he served, in language so definite as to enable the Department to determine to what amount of pension he is entitled. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service; but, according to the best of his recollection, he served not less than the periods mentioned below, and in the following grades:—For _____ year _____ months, and _____ days, I served as a _____. For _____ months and _____ days, I served as a _____; and for such service I claim a pension."
It is important, in all cases, to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months , is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state that they served two years in the militia, &c. without specifying the tours, the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must, in every case, be clearly shown under what officers the applicant served; the duration of each term of engagement; the particular place or 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.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other papers authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
Proof of Service.
[j] In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses who are required to set forth in their affidavits the time of the claimant's entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
The notes from [a] to [i] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in note [j] applies to continental troops only.
[k] This traditional evidence is indispensable in militia cases.
[l] If a witness cannot be found, the declarant must state the fact.
[m] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.