Revolutionary War Pension and Bounty Land Warrant Application File S. 19167, Nathan Willcox, Conn.

SERVICE
NUMBER
Conn.
Willcox, Nathan
S. 19167
carded
CONTENTS

Vermont 18.657
Nathan Willcox.
of Orleans in the State of Vermont who was a Private in the Comp y . commanded by Captain Chapman of the Reg t . commanded by _____ in the Conn. Ma. line for 9 months
Inscribed on the Roll of Vermont, at the rate of 30 Dollars — Cents per annum to commence on the 14th day of March, 1831.
Certificate of Pension issued the 28 th day of Sept. 1833. and sent to Pensioner, Barton. Vt.
  Arrears to the 14th of Sept. 33,  $ 75.00    Semi-ant. allowance ending 4 Mar. 34  15.00     $ 90.00  
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by Ele Brown Clerk Book E , Vol. B . Page 98

Burton V. Aug 2
Rev. Pensions August Office 3 - 11. 1832
No. 3076
Hon Lewis Cass Secretary of War Washington City

State of Vermont } At a Probate Court held at Orleans County ss } Barton within and for said County On this 31 day of July 1832 personally appeared in open court before said Court the Hon. John Hinsdell Judge of the Court of Probate for the said County - Nathan Wilcox a resident of Morgan in the County of Orleans aged seventy two 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 7 th 1832. -
That he entered the service of the United States under the following Officers and served as herein stated - That he enlisted at Billingsworth in the County of Middlesex in the State of Connecticut on the first Monday of May 1797 in Capt - Chapmans Company for the term of six months and that Lieut. Hule & Ensign ... Harrison he states were Officers in the same Company he states that he served three months at Newhaven and the other three months at NewLondon then received a written discharge but cannot tell what has become of it, that on the 18 th day of November 1760 being the day after his Marriage he was drafted to go to Stratford for three months under the Command of Elias Shipman and continued during said term of three at Stratford and Newhaven in service of his country - He states that he was born in Billingsworth on the 18 th day of November 1760 where he resided until he was forty years old since which time he has resided in Morgan the Town of his present residence - He 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 Nathan Wilcox
Mr. Eln Robinson residing in of Holland and Christopher Cartlett residing in of Morgan hereby certify declare in the County of Orleans hereby certify that we are well acquainted with Nathan Wilcox who has subscribed and sworn to the above declaration that we believe him to be 72 years of age that he is reputed and declared in the neighborhood where he resides to have been a soldier of the Revolution and that we concur in that opinion

Sworn to and subscribed the day and year aforesaid
Ebenezer Robinson
Christopher Brattle
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 Nathan Wilson who has signed the foregoing certificate Ebenezer Robinson and Christopher Brattle who signed the same reside in Holland and Morgan aforesaid and are credible witnesses persons and that their statement is entitled to credit —
I John H Kimball Register of the Court of Probate do hereby certify that the foregoing contains the original proceeding of the said Court in the matter of the application of Nathan Wilson for a pension —
In testimony whereof I have hereunto set my hand and seal of office this 31 st day of July 1832 —
John H Kimball —

The Secretary of War will please direct any communication to the applicant to the post office Derby Vicarage - J. H. Kimball

State of Vermont, At a Probate Court held at Orleans District; Norton on this 20- January  April May 1883 personally appeared before said Nathan Wilcox named in the declaration hereunto annexed who being duly sworn, deposeth and saith that by reason of old age and consequent loss of memory he cannot remember the name of the Regiment or of the Colonel who commanded this Regiment the the first six months he was in the service but he remembers that he joined his company at New Haven and that he served six months after the time of joining his company - that their Colonel was not present in the time the service that Capt Chapman who commanded our company was a resident of Saybrook a town adjoining the Willingworth - that we were stationed at New Haven the three first months as stated in my declaration that we were then marched to New London and stationed in Fort Trumbull  Trumbull that at this place our company was under the immediate command of Capt Chapman - but our Col was not that I can remember present at any time - that we were seldom or never out of the Fort except that we went across the Fort Trumbull in Groton occasionally I would further state that we were stationed both at New Haven at New London to guard the coast against the enemy - and also that I know of no reason leaving my show I can prove my service - that my next period of service was was in actual service Major Shipman was one of our Officers but the name of my Captain or of my Regiment if we had a Regiment I cannot remember but this I remember that I was drafted into the service - and that we were stationed to watch the enemy's shipping & guard the coast -

and at the last above named period of years in actual service three months and no part of the nine months in which I served my country was I in any civil employment - and that I know of no person living by whom I can prove any part of my service - except by reputation.
Sworn and subscribed the day and year aforesaid
Watson Wilcox
I Isaac S. Clark a Clergyman and Pastor of the Congregational Church and society of the Town of Morgan in said Orleans County where I have resided about seven years do hereby certify that I am well acquainted with Watson Wilcox who has subscribed and sworn to the above declaration that I believe him to be seventy two years of age that he is respected and believed in the neighborhood where he resides to have been a soldier of the revolu- tion and that I concur in that opinion and I further state that said Wilcox is a man who supports a Christian character and is a member of the Church in good standing of which I have charge and I know of no man whose statements are enti- tled to fuller belief —
Sworn to and subscribed in open court this 20 th day of May 1833
J. S. Clark

And the said court certify that it appears to them that Jacob S. Clark who has signed and sworn to the preceding certificate is a clergyman, Resident in the Town of Sharon aforesaid and that his statement is entitled to credit.
I, John H. Kimball Register of said court do hereby certify that the preceding contains the original affidavit of Nathan Willcox the applicant named in the annexed declaration and also the original certificate of J. S. Clark aforesaid -
In testimony whereof I have hereunto set my hand and seal of office this 20 th day of May 1833 -
John H. Kimball Register

19 167 INVALID.
File No. 19,167
Nathan Wilcox
Dis Rev War
Act: June 7 th 89
Index:—Vol. 1 , Page 422
[Arrangement of 1870.]

Sept 10 '96 Exp by Aspinwall } SWB

Mr Nathan Wilcox Derby Vt.
adm c 9 mos $30
Pension Barton

WAR DEPARTMENT,
Pension Office,
2 April
1833
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
   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.
M c Nathan Wilson

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 _____ A. B.
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, (1) 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 place 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 [j] 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.