Revolutionary War Pension and Bounty Land Warrant Application File R. 11,520, George Wilcox, Mass

SERVICE
Mass
Wilcox, George
NUMBER
R. 11.520
CONTENTS

16.267.
BRIEF in the case of  George Wilcox  County of Otsego  in the State of New York  (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge? Court  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity? no  3. How old is he? 74.  4. State his service, as directed in the form annexed. 
   Period. Duration of Service. Rank. Names of General and Field Officers under whom he served.   Years, Months, Days.     Enlisted In 1776 Fall — 3 — Private Gen. Capt. B. Wilcox, Col. Hathaway   Sub. 1778 July about six weeks. " Capt. Hampton, Lieut. Earl   — 1778 29 Augt about six weeks. " do. do. do. do.  
 5. In what battles was he engaged? none  6. Where did he reside when he entered the service? Bristol City Mass.  7. Is his statement supported by living witnesses, by documentary proof, by traditionary evidence, by incidental evidence, or by the rolls? Traditionary & a witness.  8. Are the papers defective as to form or authentication? and if so, in what respect? They are not attached to the Seal, nor is the certificate of the Citizens in the usual form. 
I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
J. Waugh Examining Clerk.  Feb. 22. 1833.

George Wilcox
M Brown
[Faint, mirrored bleed-through text from the reverse side of the page]

State's Common Pleas of October term 1832
Declaration in order to obtain the benefit of the act of Congress passed June 7. 1832
State of New York
County of Otsego On this 16 th day of October 1832 personally appeared in open court before the Judges of the Court of Common Pleas in & for the County of Otsego being a Court of Record & now sitting George Wilcox a resident of the Town of Milford in the County & State aforesaid aged 74 years in the month of April 1833 who being first duly sworn according to law oaths on his oath make the following declaration in order to obtain the benefit of the act of Congress passed June 7. 1832 to wit
That in the Revolutionary War he was a resident of the Town of Dartmouth in the County of Bristol State of Massachusetts - until & as this deponent believes it was in the fall of the year 1776 & in the fall of the same year that the British evacuated Boston this deponent enlisted into the service of the United States under the command of Captain Benjamin Wilcox Lieutenant Colonel & Mr. Miles' Ensign in Col. Hothway's Regt Adjutant's Name also Hothway in the Rhode Island Militia for the term of three months he enlisted at Dartmouth aforesaid & was immediately marched to a place then called Tiverton on the Schoodadek River in Rhode Island Here he remained for the whole term of service when he was discharged & returned home & further this deponent states in the month of August  July

and as he believes in the year 1778. He again enlisted under a Capt. Kempton Robert Earl sent to go on an excursion to a place then called Odykes Newtown This excursion lasted about Six weeks When he returned home. Soon after in the same season this deponent went into the service on the Island of Rhode Island under the command of the officers last of forementioned as he believes & on the 29th of August 1778. The day in which the battle of Rhode Island was fought this deponent & his company were selected to prow the boats in which our Troops were taken off the Island together with the Ammunition belonging to them. We were moored to Greenwich below Providence & after remaining a few weeks was discharged. The time of this service was about Six weeks . In the whole this depon- ent states that he was in the service of the United States in the Revolutionary War Six months He has no other evidence of his service except what he has written & submitted to the Department. He hereby relinquishes every claim whatsoever to a pension or annuity except the present allowances that his name is not in the pension roll of the agency of any State.
born to  his  father  the  day  of  his  birth He was born in Dartmouth Massachusetts on the 24 th day of April 1959. He is now of his age at home in his little house in Dutchess County New York Since the Revolution until about 25 years since when he moved to Milford Stage Co. where he now resides. He served a short time as a substitute for his father Never had a written discharge at any time

from the Union Mona subscribed in open court George his  X Milroy the dog & year above written mother
Horace Lathrop. Clerk
I William Cropper of the Town of Hartwick I do hereby certify that we all were acquainted with George Milroy who for subscription to the above certificate that we believe him to be 74 years of age or thereabouts & that he is a native & believed in the neighborhood where he resides to have been a soldier of the Revolution & that we concur in that opinion
Mona the dog & year above written in open court William Cropper
Horace Lathrop. Clerk
Richard May
Doct Thomas Fuller being Mona's dog & he has long been acquainted with George Milroy who has subscribed & sworn to the above affidavit. I am of the opinion that he is a native of this state & that he served in the Revolution as he states in his affidavit above. I certify that George Milroy Thomas Fuller & Doct Thomas Fuller both subscribe & sworn to the above certificate in open court the dog & year above mentioned Horace Lathrop. Clerk

Otway County ss. Theophilus White of the Town of Guilford in the County of Shenandoah aforesaid do hereby certify that he was well acquainted with George Wilcox in the Revolutionary War, that this deponent moved with the said George for the term of three months in all so that he was under Capt Benjamin Wilcox, as stated by him in his deposition that the said George also moved a longer time in the War but the length of time he cannot recollect, that he heard at the time that said George was in the War at Opequon, Newtown & also on the Island of the Battle of Moore's Island & this deponent verily believes that the said George moved during the whole time as he states or it agrees in part with his own personal knowledge or opinion & in part from his reputation at that time & further saith not Given before me this 5 th day of September 1882 Theophilus White
Elizah Foote Judge of Otway County Court

and the said court hereby certify that after an investigation of the matter & after putting the interrogatories prescribed by the War department that the said George Milroy was a soldier of the revolution & served therein as a private. And the court further certify that David Thomas Fuller of Looperton & William Crawford of Northville are persons of credibility & this statement is entitled to credit.
J. O. Mason
E. Root
J. Page
Judges
I Horace Lothrop Clerk of the Otago County Pleas hereby certify that the foregoing contains the original proceedings before the said courts in the matter of the application of George Milroy for a pension. Notary Public  and Clerk of said court  as of the date And I do further certify that Elihu Root before whom the preceding affidavit of Theophilus White purports to have been sworn, was at the date of the same a judge of Otago County courts, and duly authorized by law to

administer such oath: and that I am acquainted with his hand writing, and verily believe his name subscribed to the said Affidavit to be his proper hand writing & signature. In testimony whereof I have hereunto set my hands and Seal of Office this 19 th day of October 1832.
Horace Lathrop. Clerk
1832

George Willey New York Act 7. June 1832
Rejected See letter to Hon: W. G. Angel February 27 th 1833
11520

Acts of July 14, 1862, and March 9, 1873.
REJECTED
11520
P. O.
George Wilcox
Service: _____
Enlisted: _____, 18
Discharged: _____, 18
Application filed: _____, 18
Alleges: _____
Re-enlisted: _____
Attorney: _____
P. O. _____
_____ Recognized. _____ Contract
_____ Cert. of Dis. Searched for _____, 18

16.267.
George Wilcox
Richard
Angel

BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of
George Wilcox further proof or explanation.
I. Does the declaration show where the applicant resides? yes II. Did the declarant make the declaration in the county where he resides? yes III. If the applicant did not make the declaration in the county where he resides, is there any reason assigned for his not doing so? IV. Has the declarant mentioned the period or periods of the war when he served? yes V. * Has he mentioned 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? yes VI. Has he given the names of the officers under whom he served, in conformity with the regulations? yes VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832? yes VIII. Has the Court given their opinion? yes IX. Has the Clerk given his certificate? yes X. Is the Clerk's seal affixed? And if so, has it a device or inscription by which it can be distinguished from any other seal? yes

XI. Has the applicant obtained the evidence of a clergyman and another respectable citizen as to their belief respecting his age and the general belief in his neighborhood relative to his revolutionary service? No they do not cover a stating the general belief in his neighbourhood. Two citizens. XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it? No XIII. If the applicant has no documentary evidence, and has not obtained the testimony of at least one living witness, has he stated in his declaration that such proof cannot be had? XIV. † If the applicant's name is not found on the rolls of military service, has he produced a witness or witnesses as to his service? yes If he has produced direct proof as to service, has the magistrate who administered the oath, certified to the credibility of the witness or witnesses? No Has the proper officer certified to the official character and signature of the magistrate as the regulations direct? yes XV. Does it appear from any of the papers that the witness was in such a situation, or of such an age, as to have a personal knowledge of the applicant's service? yes XVI. ‡ Are the papers authenticated as the regulations direct? No XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered? 5. 7.
 EXPLANATORY NOTES.
* QUERE V. 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 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 shewn 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.
†QUERE XIV. Proof of Service.
In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses, who are required to set forth in their affidavits the time of the claimants 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.
‡QUERE XVI. 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 paper 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.
¶ In every case where the clerk of the court, or other certifying officer, 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.