Revolutionary War Pension and Bounty Land Warrant Application File S. 6269, Elias Tracy, Conn.

SERVICE
NUMBER
Conn.
Tracy, Elias
S. 6269
learned
CONTENTS

14221
New York
Elias Tracy
of Ellicott in the State of New York who was a Private in the Company commanded by Captain Wheeler of the Regt. commanded by Col Chapman in the Connecticut line for 2 Years
Inscribed on the Roll of New York at the rate of 80 Dollars — Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 15 day of May 1833 — and sent to A. Hazelline Cambridge N.Y.
Arrears to the 4th of Mar '33 — $160 Semi-ant. allowance ending 4 Sep '33 44
$ 200. 00
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by Ino Cromwell Clerk, Book E Vol. 4 Page 32

16199
Elias Tracy Chautauqua county N.York
adm s
Abner Hascottine Parnestown N.York

WAR DEPARTMENT,
Pension Office,
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. These points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus: { ). You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your claim.
A Statement, shewing the Service of Elias Tracy of Chautauque co. N.Y.
   Period when the service was rendered Duration of the claimant's service Rank of the claimant. Names and Rank of the Company officers under whom he served. Names and Rank of the General and Field officers. Battles in which the applicant was engaged. Country through which he marched. Place of abode when he entered the service, and age at the present period. Evidence by which the declaration is supported.   Years. Months. Days.     substituted for Robt Galt 1777 12 print Capt. Wheeler Col. Chapman Sullivan's attack on Rhode I. to Rhode Island 69 Windham Connecticut tradition   Enlisted 1778 8 9 Lieut. Goshorn Col. Starr Col. Dargay   substituted for Dorius Elliott 1778 2 same Col. Groomer Hudson New Jersey   Enlisted 1782 8 9 Capt. Buel Capt. Swift Gen. La Fayette Col. Groomer West Pt. N.Y.  
I am, respectfully,
Your obedient servant,
J. L. EDWARDS, Commissioner of Pensions.

REGULATIONS UNDER THE ACT OF JUNE 7, 1832.
The following regulations have been adopted: This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army, and to include under the terms "Continental Line," "State troops," "militia," and "volunteers," all persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, &c. Teamsters, Boatmen, &c. Persons who served on board of Private Armed Vessels are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service.
Four general classes of cases are embraced in this law:
 1. The Regular Troops.  2. The State Troops, Militia, and Volunteers.  3. Persons employed in the Naval service.  4. Indian Spies. 
As rolls of the regular troops in the Revolutionary War exist in this Department, all persons, claiming the benefit of this law as officers, non-commissioned officers, musicians or privates, will in the first instance, make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides. And every Court having by law a seal and Clerk is considered a Court of Record.
DECLARATION,
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
State, Territory, or District of } ss. County of }
On this day of personally appeared (a) before A. B. a resident (b) of in the county of and State, Territory or District of aged (c) years, who being first duly sworn, according to law, doth on his oath make the following declaration, in order to obtain the benefit of the provision made by the act of Congress, passed June 7th, 1832. That he enlisted in the Army of the United States in the year (d) , with and served in the (e) regiment of the line, under the following named officers:
[Here set forth the names and rank of the Field and Company Officers; the time he left the service; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers;) the town or county and State in which he resided when he entered the service; the battles, if any, in which he was engaged, and the country through which he marched. This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.]
He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of
Sworn to and subscribed the day and year aforesaid. A. B.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states.
I of the Court of do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of for a pension.
In testimony whereof I have hereunto set my hand and seal of office (i) this day of &c.
If, on examination of the proper record the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out.
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz:
(k) We, A. B., a Clergyman, residing in the and C. D. residing in (the same) hereby certify, that we are well acquainted with , who has subscribed and sworn to the above declaration; that we believe him to be years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.
Sworn and subscribed the day 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.

In the matter of Elias Tracy an Applicant for a Pension. —
18199 allowed
on Rolls 3 years
comd. 24 mo pri 80 3/4
Passed

State of New York,
Chautauqua County ss. On this twelfth day of October in the year of our Lord one thousand eight hundred and thirty two, personally appeared before the court of Common Pleas of the county now sitting being a court of record for said county, having a clerk and seal of Chautauqua of course. Elias Tracy, a resident of Ellicott in the county of Chautauqua and state of New York, being aged sixty nine years, since the fifth day of April last past, 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 7, 1832. That he first entered the service of the United States at Preston in the county of Windham and State of Connecticut, having engaged as a substitute for one Robert Gates of Preston to serve in the regiment of Connecticut militia, commanded by Colonel Chapman & company commanded by Captain Thomas Wheeler. was marched to Rhode Island and joined the American army under Gen. Sullivan - Staid until Gen. Sullivan retreated from the Island and was discharged a short time afterwards at Providence in the state of Rhode Island. During this period he served ten or twelve days in the guard of Gen. Greene. - Afterwards, in the month of April in the year, 1778, he enlisted in the army of the United States in with one Linden- aunder the command of Col. Harris' regiment at Preston where he then resided again with him for eight or nine months does not

recalled which - Lieut. Gorham was a recruiting officer - marched with him to Robinson's Orchard on the Hudson River, near West Point where he joined the army and served under Col. John Duryea in the fourth Connecticut regiment of the Connecticut line of the Continental army under the following named officers, Lieut. Col. Hemen, Major Hovey - The company was called the Lieut. Col. company - does not re- cald the names of the other officers - served out the time and was honorably discharged at Morristown N.J. in the state of New Jersey in December of the same year. Immediately on being discharged, he again joined the army by taking the place of or becoming a substitute for Davis Clott a soldier for Thompson in the fourth Connec- ticut regiment and who had served about 15 months of his term - served under the same officers as before - In the Spring following this engagement he was detached into the regi- ment of light infantry commanded by Col. Grosvenor being one of the six regiments called in the army Gen. La Fayette's infantry - served in said regiment under Col. Grosvenor - Major Willis Clapp - Capt. John Dyer - Lieutenant and Ensign names Robinson & Gherman - In the fall went back again into Duryea's regiment, but on the opening of the next campaign again joined the infantry and served in the same regi- ment and under the same officers as in the pre- ceding campaign - and in the fall went back

again into Duryea's regiment, and on the twentieth of January 1781 was discharged at the Connecticut Huts on the east side of the Hudson river, about three miles from West Point - returned to Preston in the state of Con- necticut - In April or May in the year 1782, he again enlisted in the army of the United States, for eight or nine months and joined the army at Red Bank's Point on the Hudson River and served in the fourth Connecticut regiment of the Connecticut line of the army a short time and then joined the infantry under Col. Grownor - Capt. Lemen d. Supt Captain - other officers some or before - Served out his time in that regiment and was honorably discharged and returned home again to Preston. - He hereby relinquish- es every claim whatever to a pension or an annuity, except the present, and he declares that his name is not on the pension roll of the agency of any state. -
Given & subscribed, The day and year aforesaid Isaac D. Lowry Clerk.
Elias Tracy
And the said court do hereby give their opinion that the said Elias Tracy was a revolutionary soldier here and served as he states. -

I, James B. Lowry, Clerk of the court of Common Pleas for the county of Chouteau que, do hereby certify, that the foregoing con- tains the original proceedings of the said court in the matter of the application of Elias Tracy for a pension. -
In testimony whereof, I have here- unto set my hand and seal of office, this twelfth day of October in the year of our Lord one thousand eight hundred & thirty two. - James B. Lowry Clerk

86269
DEPARTMENT OF THE INTERIOR,
Bureau of Pensions,
Washington, D. C., _____, 19_____
In reply to your request of _____, received _____ for a statement of the military history of Elias Tracy a soldier of the REVOLUTIONARY WAR, you will find below the desired information as contained in his (or his widow's) application for pension on file in this Bureau.
   DATES OF ENLISTMENT OR APPOINTMENT. LENGTH OF SERVICE. RANK. OFFICERS UNDER WHOM SERVICE WAS RENDERED. STATE.   CAPTAIN. COLONEL.     ✓ ✓ Pvt. Thomas Wheeler Chapman Vermont   Apr 1778 to Jan 1781 { John Buel John Durkee   Apr to May 1782 8 or 9 mos Samuel Clift Grosvenor  
Battles engaged in, none stated Residence of soldier at enlistment, Preston Conn Date of application for pension, Oct 25, 1832. His claim was allowed Residence at date of application, Ellicott NY Age at date of application, b. Apr 5, 1763 Remarks: There is no data on file as to family
Very respectfully,
Commissioner.

170.2
Falconer, N. Y.
Aug. 28, 1922.
Bureau of Pensions Washington, D. C.
Dear Sirs, In connection with Historical Research work of D.A.R. - locating Revolutionary soldiers' graves - will you please send to my address below, as soon as possible, the pension record of Elias Tracy , whose name appears in the list of 1840 .
Very respectfully, Mrs. C. W. Dailey.
(Member Ellicott Chapter D.A.R.)
21 Blanchard St. Jamestown, N. Y.

1000 Sept 28. Mail to Mrs. E. H. Bailey. aw.
Rev. May
6269 INVALID.
File No. 6269
Elias Tracy
Briv Bow. War
Act: June 7 th /32
Index:—Vol. M , Page 378
[Arrangement of 1870.]