Revolutionary War Pension and Bounty Land Warrant Application File S. 21544, Elisha Turner, New York

SERVICE
NUMBER
New York
Turner, Elisha
S. 21544
CONTENTS

New York 28.710
Elisha Turner
of Butcher's in the State of New York who was a Private in the Company commanded by Captain Kneels of the Reg't commanded by Col Ludington in the N.Y. & P. line for 9 months
Inscribed on the Roll of New York at the rate of 30 Dollars — Cents per annum to commence on the 4th day of March, 1834.
Certificate of Pension issued the 19 day of May 1834 and sent to John L. Belong Beckman's wife
Arrears to the 4th of March '34 $ 90.00 Semi-annual allowance ending Sep r 4 '34 15. — $105.00
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by Sam l H. Page Clerk Book E Vol. 11 Page 82

Elisha Turner Pension Application

State of New York
Dutchess County ss: On this third day of February in the year one thousand eight hundred and thirty four personally appeared in open court before the judges of the Court of Common Pleas in and for the County of Dutchess and State of New York now sitting Elisha Turner a resident of the Town of Pawling in the County of Dutchess and State of New York aged seventy seven years who being first duly sworn according to law doth on his oath make the following declaration in order to obtain the benefits of the act of Congress passed June 7 th 1832.
That he entered the service of the United States under the following named Officers and served as herein stated that he was born in the County of Westchester in the State of New York the Town he has now forgotten on the eighth day of October in the year 1756. that he has a record of his age now in his possession, that a few years after he was born his Father and family including himself removed to the Town of Pawling in the County of Dutchess aforesaid and he has lived there ever since a period of about sixty five to seventy years. that in the fall of 1776 the precise day and month he can not state he was drafted & enrolled for three months in Captain Abel Meads Company Lieut Porter Sergeants Fisher and Brewster in Colonel Ludingtons Regiment of New York State Troops, that he joined his Company at Col Ludingtons and marched down to White Plains & then joined his Regiment and the army that he was present at the battle of White Plains and afterwards retired with the army up the River that he remained in his regiment & company until his term of three months expired when he received a verbal discharge from his Colonel & Captain & returned home that in the spring or part of the summer of the year 1777 the British being expected up the River he was drafted for three months in Captain Abel Meads Company & Colonel Ludingtons Regiment aforesaid and marched down in the Highlands and in the neighbor

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hood of Peekskill and done duty as a soldier until his term of service when he received as he believes a verbal discharge and returned home. that in the same year and and a short time after his discharge he was again drafted in Captain Joel Meads Company and Colonel Ludington's and went to Peekskill a short time Regiment for three months and marched to Peekskill and was present at Gallow's Hill at the time one Palmer was hung as a spy. that he was under Putnam when the British came up the River and Fort Montgomery was taken. that he then marched up in the Highlands
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and after his term of service expired being 3 months he was verbally discharged and returned home. that during the periods above mentioned he was engaged in no civil pursuit or occupation. that when he was discharged soon after the taking of Fort Montgomery, Captain Meads Company was organized as a Ranger or Minute Company for the purpose of protecting the inhabitants from the incursions of the Rotten & Bowboys from New York, that he joined said Company as a Ranger and continued to do duty as such when required for a period of two and a half or three years that he was not actually under arms all the while nor was it required but that at least one year in detached portions of times of days & weeks from the taking of Fort Montgomery until the evacuation of New York by the British he was actually under arms doing duty as a soldier in traversing the mountains, protecting the inhabitants, & in intercepting & pursuing the Bow Boys who were endeavoring to take the horses & other property they had robbed or stolen from the inhabitants to the City of New York that after the British left New York he was discharged and he believes verbal and return- ed home & he further says that he believes in all cases

he was verbally discharged by his captain, that he has no documentary evidence of his service as a soldier of the Revolution but that he served in the same company and Regiment a portion of his time with Stephen Turner whom Affiant is hereunto annexed - that he is known in his present neighborhood to Samuel Allen Benoni Pearce & Joshua White three of the Justices of the Peace of the Town of Pawlings and to John Reynolds & Samuel Robinson residing in his neighborhood both being clergy men who can testify to his character for truth and veracity and their belief of his services as a soldier of Soldier of the Revolution -
He hereby relinquishes every claim 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 Sworn to & subscribed in open Court This 4 day of February 1834 - } Elisha Turner Henry O'Kane Clerk, mark
State of New York,
Bullock County, Stephen Turner of the Town of Pawlings Turner being duly sworn deposes and says that he is seventy three years of age and is the brother of Elisha Turner who hath made the foregoing declaration that he knows that the said Elisha was drafted for three months in the fall of 1776 in Captain Meads Company Col. Ludingtons Regiment of New York State Troops, and went with Capt Meads Company as he understood at the time was engaged in the battle of White Plains, that he frequently heard during the Revolution Captain Mead speak of that battle and of his brother Elisha Turner as being in it that he often after the return of said

Elisha talked about said battle & heard said Elisha give the details thereof. That he has no doubt that said Elisha served three months in the fall of 76 as he states, but this deponent not being with him can not swear of his actual knowledge that he did serve 3 months in 1776, but this deponent of his own know- ledge says that in the summer of 1777 the said Elisha was drafted enlisted in Captain Meads Company and Col Ludingtons Regiment & served as a soldier three months in the Highlands that this deponent was in the same company & Regiment & was discharged at the same time. That this deponent also knows that said Elisha was drafted again in the fall of 1777 and went with Captain Meads at the time Fort Montgomery was taken for three months. That he also knows that after the fort was taken that said Elisha enlisted in the Ranger or Minute Service in Capt. Meads company & Col Ludington Regiment & continued a Ranger until the British left New York and during that time this deponent has no doubt he was in detached portions at least one year under- arms as a soldier that this deponent was in the same service which was to protect the inhabitants & their property from the howitzers & cut off supplies to the enemy & further this deponent will not
subscribed & sworn in open Court This 4 day of February - } Stephen Turner Clerk
Henry P. Grason Clerk  

We John Reynolds a Methodist Clergyman residing in the Town of Pawlings and Joshua White a Justice of the Peace of said Town both of the County of Dutchy do hereby certify that we are well acquainted with Elisha Turner who has subscribed and sworn to the above declaration that we believe him to be seventy seven years of age that his reputed and believe in the neighborhood where he resides to have been a soldier of the Revolution & we concur in that opinion Calverland and sworn to - in Open Court February 4. 1834 John Reynolds Joshua White Henry P. Brown 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 certify that John Rey- nolds is a Methodist Clergyman residing in the Town of Pawlings and that Joshua White is a Justice of the Peace of the same Town and that they have both signed the preceding certificate and their statement is entitled to credit and the Court certifies further that Stephen Turner who has subscribed & sworn to the above affidavit is a credible person and his statement is entitled to credit

I Henry B. Fraser Clerk of the Court of Common Pleas in and for the County of Dutchess do hereby certify that the foregoing contains the original proceed- ings of the said Court in the matter of the application of Elisha Turner for a pension
In testimony whereof I have hereunto set my hand and seal of office the fifth day of February in the year of our Lord one thousand eight hundred and thirty four Henry B. Fraser Clerk
In the matter of Elisha Turner's pension application
No. 439
Sealed by the Clerk

State of New York
Dutchess County } Personally appeared before me the undersigned a justice of the Peace of the Town of Beekman in and for Dutchess County in the State of New York. Elisha Turner of Pawling the above named pension applicant to me personally known who being duly sworn depose and says that in consequence of receiving a letter from the war department of the United States re- jecting his service as a patrol and allowing it only for nine months to wit for his service in 1776 under Captain Mead for his service in 1777 under Captain Mead & again in 1777 under Captain Mead being in all nine months. Now he hereby relinquishes all claim to a pension or annuity except for the period of nine months aforesaid and declares that his name is not on the pension roll of the agency of any State
Sworn & subscribed This 2 nd day of May 1834 Before me —
Elisha his Turner mark
James Delong, J.P.
State of New York
Dutchess County } ss I, Harry S. Turner Clerk of the County of Dutchess aforesaid and of the County Courts of the same do certify that James Delong Esq. was on the second day 1834 and continues to be a justice of the Peace of said County duly elected and qualified and that I am acquainted with his hand writing and every letter therein nature of one subscribed to the preceding affi- davit, purporting to be his signature.
In testimony whereof I have

have hereunto set my hand and affixed the seal of said County the 10 day of May 1834 Henry Brown Clerk
Eliza Hurns Pension Application

Revolution
21 544 INVALID.
File No. 21,544
Elisha Turner
Rev War
Act: June 7 th 82 nd
Index:—Vol. 2 , Page 123
[Arrangement of 1870.]

30.432
Elisha Turner
New York
Admitted
Paroled 9 months
Return
In pursuance of the directions received from the War department the claim of the above named applicant as a patrol has been relinquished leaving a claim for 9 months in the N.Y. embodied Troops.
J. L. DeLong
John L. DeLong
Beecheronville
Dutchess County
N.Y.

WAR DEPARTMENT,
Pension Office,
17 th April 1834
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 shew what is necessary to be done. Those points to which your attention is more particularly directed, you will find marked in the margin with a brace, (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 the Service of Elisha Turner
   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,
JAMES L. EDWARDS,
Commissioner of Pensions.
This claim can be admitted for 9. Months. — The other service was a mere patrol. — as to his last service he must strictly comply with note v. 3 d page

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 and State, Territory or District of 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 A. B.
Sworn to 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 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) , who has 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 inquiry 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 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; 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.
[k] 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.
[l] This traditional evidence is indispensable in militia cases.
[m] If a witness cannot be found, the declarant must state the fact.
[n] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.