Revolutionary War Pension and Bounty Land Warrant Application File S. 11656, Moses Warner, Mass.

SERVICE
NUMBER
Mass
Warner, Moses
S. 11656
CONTENTS
carded

27163 Massachusetts
Moses Warner
Wamphshire in the State of Mass o was a Private in the Company commanded by Captain Banister of the Regt. commanded by Col. Mosely in the Mass a line for 6 mos & 5 days
me
Inscribed on the Roll of Massachusetts at the rate of 20 Dollars 55 Cents per annum, to commence on the 14th day of March, 1831.
Certificate of Pension issued the 5th day of Feb 1834 and sent Hon. G.W. Briggs House of Representatives
Arrears to the 14th of Feb 1833 $57.38 Semi-ant. allowance ending Mar 31 - 10.27
$62.65
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by Abel Goodson Clerk,
Book E Vol. 2 Page 94

No 25643
Moses Warner Hampshire County Massachusetts
500
Private 6 mos & 5 days Adm(A)
20 55-
Hon. G. N. Briggs
Elizaleth  Carhart  Crummington Hampshire County Mass.
20, 55

20 55 41 10 10 28 57 38
2054 2052 41 74

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 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 Moses Warner Hampshire County Massachusetts
   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.     Vol. Sept 10 1776 - 2 - private Capt Bannister Col eldersly 73 years Hampshire County Massachusetts Traditionary evidence & two witnesses papers correct.   Vol. Aug 1 1777 - - 14 " officers not recalled   Vol. Sept 1 " " about 2. - " Capt Bannister G d Lincoln   Vol. July 1779 about 2 - " officers not named Col Porter  
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) , 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 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.
[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.

North Warner Declaration
25 P 43

DECLARATION, in order to secure the benefit of the Act of Congress, passed June 7, 1832.
COMMONWEALTH OF MASSACHUSETTS.
COUNTY OF Hampshire  Worcester , ss.
ON this fourteenth day of May in the year of our Lord, eighteen hundred and thirty three personally appeared in open Court, before Hon. Samuel Hinckley, Judge of the Court of Probate now sitting Moses Warner a resident of Cummington in the County of Hampshire and Commonwealth of Massachusetts, aged Seventy three years, who being first duly sworn according to law, doth on his oath make the following declaration, in order to obtain the benefit of the act of Congress, passed June 7th 1832.
THAT he entered the service of the United States under the following named officers and served as herein stated.
That in the month of September 1776 he volunteered as a Private in a Company Commanded by Capt Banister and a Regiment Commanded by Col. Morley for the term of two months that he marched from the County of Hampshire Mass by Nashaven to Fairfield Connecticut there a short time then marched to a place called Valentine Hill in the State of New York and remained there and in the vicinity of White Plains until his term of service expired and he was discharged. In the month of August 1777 he volunteered an alarm and marched to Bennington in the State of Vermont arrived there just after the Battle there a few days and as our services were not wanted we were discharged I was gone on this tour something like two weeks do not recollect under what officers I served In the first part of the month of September 1777 I again volunteered as a private to go to Stillwater in the State of New York to assist in stopping the progress of Burgoyne I marched to Stillwater was attacked I then to Capt Banisters Company do not recollect what Regiment Recollct of Gen. Sineclon being wounded there was in some skirmish and there until after the surrender of Burgoyne when I was discharged was in this service a few days short of two months In the month of July 1777 as near as I can recollect I again volunteered as a private to go to New London in Capt Bonney Company I should think for the term of two months marched through the towns of Springfield East Windsor & Windham to New London Co. and remained there until I was discharged some days short of two Mon. I was born in the Town of Hardwick Worcester County Mass on the 24 day of April 1750 lived in Hardwick until I was about thirteen years old then removed with my father family to Cummington in County of Hampshire and have resided there ever since I have no record of my age and no documentary or other proof of my service other than is herewith submitted and I never received a discharge I served in a Regiment at New London under the command of Col. Porter
He hereby relinquishes every claim whatever 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 and subscribed the day and year aforesaid.
Before me Samuel Hinckley Judge of Probate Moses Warner

We Roswell Hawks a Clergyman residing in the Town of Cummington and Eliphaleth Packard residing in Cummington hereby certify that we are well acquainted with Moses Warner who has subscribed and sworn to the above declaration, that we believe him to be Twenty Three 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 and subscribed the day and year aforesaid.
Roswell Hawks Eliphaleth Packard
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 mentioned applicant was a revolutionary soldier, and served as he states. And the court further certifies, that it appears to them that Roswell Hawks who signed the preceding certificate, is a clergyman, resident in the Town of Cummington and that Eliphaleth Packard Esq. who has also signed the same is a resident in the Cummington and is a credible person, and that their statement is entitled to credit.
Samuel Hinsdell Judge of Probate
I Samuel F. Lyman Register of the Court of Probate do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Moses Warner for a pension.
IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of office this seventeenth day of May — in the year of our Lord eighteen hundred and thirty three
Samuel F. Lyman Register

Rehran
11656 INVALID.
our
File No. 11656
Moses Warner
Div. R.R. war.
Act: June 7 th 1832.
Index:—Vol. A , Page 293
[Arrangement of 1870.]

Caleb Packard Affidavit for Moses Warner

COMMONWEALTH OF MASSACHUSETTS.
Hampshire ss.
I, SAMUEL F. LYMAN, Register of the Court of Probate within and for said County of Hampshire, do hereby certify that Elisha L. Prochan Esquire, before whom the annexed deposition swore taken, was, at the date thereof, one of the Justices of the Peace within and for said County, duly and regularly appointed, and that the signature thereto annexed purporting to be his, I know to be genuine.
IN testimony whereof, I have hereunto set my hand and affixed the seal of said Court, this fourteenth day of May
A. D. 183 3 .
Sam F. Lyman
Register of Probate.

I Caleb Packard of Litchfield in the County of Franklin and State of Massachusetts having arrived to the age of seventy two years testify and declare that in the time of the Revolutionary war I personally knew Moses Warner of Cannonton in the County of Hampshire and Commonwealth aforesaid and that I now know the same Moses Warner that in the Month of Sept 1776 I was personally knowing to the said Warners serving in the Massachusetts Troops as a private in a Company Commanded by Capt Banister and Regiment Commanded by Col Moseley that I served in the same Company for the space of two Month with the said Warner said Service was performed at a place called Valentine Hills and White Plains and vicinity
Caleb Packard
Cannonton April 25 1833
Hampshire ss April 25 1833 Personally appeared Caleb Packard and made oath to the truth of the above affidavit by him subscribed and I further certify that the above named Caleb Packard is a credible Person
Elizabeth Packard Justice of the Peace

I Abiel Shaw of Cummington in the County of Hampshire and State of Massachusetts having arrived at the age of seventyseven years testify and say that I was acquainted with Moses Warner in the Revolutionary war & that I know know the same Moses Warner that I was personally knowing and served with said Warner in a company commanded by a Capt Banister that said Warner volunteered as near as I can recollect in the latter part of August or first of September to go to Stillwater to stop the progress of Burgoyne and to the best of my belief and recollection he served there two months we were in some skirmishes and were discharged not far from the first of November
Cummington May 14 1833 Abiel Shaw
Hampshire ss May 14 1833 Personally appeared Abiel Shaw signer of the above affidavit and made solemn oath to the truth of the above statement by him subscribed and I further certify that said is a credible person Elizabeth Peckham Justice of the Peace

I the Gurney of Cummington in the County of Hampshire in the State of Massachusetts having arrived to the age of seventy four years testify and declare that I personally knew Moses Warner of Cummington in the time of the Revolutionary war and that I now know the same Moses Warner In the Month of July 1779 as near as I now recollect I was personally knowing to said Warner volunteering as a private to go to New London in the state of Connecticut in a Company commanded by Capt Bonney that he marched to said New London and served there as near as I can recollect six weeks in a Regiment Commanded by Post. Asa Gurney Cummington May 14 1833
Hampshire ss. May 14 1833 Personally appeared Asa Gurney signer of the above affidavit and made oath to the truth of the above statement by him subscribed before me and I further certify that the said Gurney is a credible person Elizabeth Peabody Justice of the Peace

Mom Warner
add statement

Commonwealth of Massachusetts
Hampshire ss January 21 1834 Personally appeared before me the undersigned a Justice of the peace within and for the County of Hampshire Moses Warner 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 services but according to the best of his recollection he served not less than the periods mentioned below and in the following grades in 1776 two months and six days as a private in 1777 he thinks from ten to twenty days over two months as a private in 1779 one month and fourteen days as a private and for such service I claim a pension Moses Warner
Sworn to the year and day above said
Elphinstone Parkhurst Justice of the Peace
Commonwealth of Massachusetts
Hampshire ss
I Samuel F. Lyman Register of the Court of Probate within and for the County of Hampshire do hereby certify that Elphinstone Parkhurst Esquire before whom the annexed deposition was taken was at the time thereof one of the Justices of the Peace within and for the said County duly and regularly appointed and that the signature thereto annexed purporting to be his is known to be genuine
In testimony whereof I have hereunto set my hand and affixed the seal of said Court this twenty second day of January A.D. 1834
Samuel F. Lyman Register