Revolutionary War Pension and Bounty Land Warrant Application File S. 17,177, William Waterbury, Conn.

SERVICE
NUMBER
Conn.
Waterbury, William
8 17 177
CONTENTS
Carded

Q8320
Connecticut N o 28,32
William Waterbury
of Darien in the State of Connecticut who was a private in the Company commanded by Captain Bell of the Regt commanded by Col. _____ in the Connecticut line for 2 years.
Inscribed on the Roll of Connecticut at the rate of 80 Dollars — Cents per annum to commence on the 14th day of March, 1834.
Certificate of Pension issued the 5 th day of May 1834 and J. H. Munroe, Stamford
  Arrears to the 14th of Mar. 1834.  240.00    Semi-ann. allowance ending 4 th Sep r "  40.00     $280.00  
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by R. Burdine Clerk, Book E 2 Vol. — Page 48 —

W. Watling
M. W.
1
P 5060

State of Connecticut, County of Fairfield,
38. Stamford Probate District
On this 7 th day of Aug t . 1832 personally appeared, in open Court, before the Court of Probate for said District,
now sitting,
Wm Waterbury a resident of Darien in the County of Fairfield, and State of Connecticut, aged Seventy years, who being first 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, 1832:—
That he entered the service of the United States under the following named Officers, and served as herein stated: viz. in April 1778 he enlisted into a company of State Troops commanded by Capt. Jesse Bell Hunt. Served Ensign Nathan  Marshall  Nathan Hunt for a term of one year & served under this enlistment for two seasons without new enlistment & served more than eighteen months whilst under this enlistment viz. on the 6 th day of August 1779 he was in a Boat with his Father & was taken a Prisoner by two Boats of the lower Party & carried to New York & confined in the Sugar House as a Prisoner of War until exchanged which was on the 25 th day of the Dec r following when returned to his duty in the Company & served out his time — In 1781 he was called out under Ensign Joseph Marshall for six months & served from about the 1 st of April til about the 1 st of October In April 1782 he enlisted into a company of State Troops commanded by Capt. Jesse Bell Stephen Bishop was his Lieut. he enlisted for & served six months under the immediate com- mand of Lieut. Bishop who took the command of that por- tion of the Company which was stationed at Middlesex on the 2 nd day of July 1764 That he was born in that part of Stamford which is now Darien & has now resided there ever since his birth he has no record of his age but what he finds on his Father's Family Bible which he has here before the Court — He never received a written discharge from the Service — cannot state the names of Officers — nor the circumstances of his Service more particularly than he has done —

He refers to Rev. Daniel Smith of Stamford & Thos. Bell Esq. of Danes who can testify as to his character for veracity & their belief of his services as a Soldier of the Revolution
The said William Waterbury 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.
William Waterbury
Chas. H. Woodbridge Judge We, Daniel Smith a clergyman, residing in the town of Stamford and Thaddeus Bell residing in the town of Danes  town of Danes hereby certify, that we are well acquainted with William Waterbury who has subscribed and sworn to the above declaration; that we believe him to be seventy 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.
Daniel Smith
Thaddeus Bell
Chas. H. Woodbridge Judge
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 Rev. Daniel Smith who has signed the preceding certificate, is a clergyman, resident in the town of Stamford in Connecticut and that Thaddeus Bell Esq. who also signed the same, is a resident in the town of Danes in said State and is a credible person, and that their statement is entitled to credit.
Chas. H. Woodbridge Judge
I, Samuel Lockwood Clerk of the Court of Probate for the District of Stamford in Connecticut do hereby certify, that the foregoing contains the original proceedings of the said Court in the matter of the application of William Waterbury for a Pension.
In testimony whereof I have hereunto set my hand and seal of Office, this 10 th day of August — 1832.
Samuel Lockwood Esq.

5060
William Waterbury
6, T
Under
Adm. as private 2 years JSA returned
refer duties on brief
B. Francis Esq.
Friend
S. H. Minor
Stanford
Can.

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 subjoined 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 William Waterbury 65
   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.     Apr. 1778 mths 1 6 Private Capt Bell 70 born in New Haven 67. 6.5 entered there and now lives in said Place   Apr. 1781. " 6 " Ensign Joseph Matthews   State Troops 11 1782. - 6 " Capt Bell Service. Proved by four surviving witnesses - but they are not entitled Credible Certificate of clergyman and Citizen  
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, 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
One of the witnesses alleged that a part of the services were not covered by an enlistment for a year, that requiring explanation. If he was claimant to be going in a boat with his father? Was the

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 a Judge or Justice of a Court of Record of the proper jurisdiction, and the Judge or Justice will execute the duties, which the Court is herein requested to perform. The Judge or Justice 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 recollections, 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.
It cont'd. As to being held to service for 18 mo. under was not discharged at the end of the year, how came in this military service?

W m Waterbury
Con d 52
Will Mr Anderson please get the papers out in this case for Col Edward by noon on Wednesday W
Edwards & Smith

Know all men by these presents, That I Mrs Hannah, M. Smith a Resident of the Town of Norwalk Fairfield County and State of Connecticut have made Constituted and appointed Edwards Smith — of Washington City D.C. my true & Lawful attorney for me and in my name place and stead —
To examine each & every paper now on file at Washington City D.C. in the pension office relating to my father William Waterbury late of Fairfield in said county & state (deceased) pensioner of the Revolution in Connecticut — Giving and granting unto my said attorney full power & authority to do & perform all and every act & thing whatsoever requisite & necessary to be done in & about the premises as fully to all intents & purposes as I might or could do if personally present with full power of substitution & revocation hereby ratifying and confirming all that my said attorney or his Substitute shall lawfully do or cause to be done by virtue hereof
Witness my hand, this Sixth day of February A.D. eighteen hundred and fifty two
Sealed & delivered in presence of Betty Smith
Hannah M. Smith
Acknowledged before me this sixth day of Feby A.D. eighteen hundred & fifty two Jas Stevens
Notary Public

17.177 INVALID.
No. 17/177
William Waterbury
Dr Rev Mr
Act: June 7 th 98
ex:—Vol. 1 , Page 395-
[Arrangement of 1870.]

William Watubry
5 mo prison

State of Connecticut County of Fairfield ss. Probate Court District of Norwalk Jan. 22 d 1834 Personally appeared Jesse Warner of said Norwalk aged forty four years and being duly sworn in open Court depose and say that he is well acquainted with William Watbury of Darien in Fairfield County and knows that in the year 1779 said William Watbury was a prisoner in the City of New York according to my best recollection between four and five Months the adversary was a prisoner at the same time with the said Watbury and we were exchanged at the same time and was taken out of the Sugar house the last day of November in said year and was landed at Roughneck from a sloop on the 3 d day of December and we were marched up and Col. M c Leod gave the Commander of the sloop a receipt for us sworn and subscribed in open Court the day and year aforesaid & that I am acquainted with said Jesse Warner and that he is a credible Person Witness my hand & Seal of said Court
Jesse Warner
Benj m Chauncy Judge

State of Connecticut } } Stamford Probate District Fairfield County }
on this 5 th day of Dec r 1833 personally appeared me  me in open court before the court of Probate for said District now sitting, W m Water bury of Darien in said District as applicant for a pension who being first sworn according to Law on his oath says that from old age & consequent loss of memory, he can not swear positively as to the precise length of his service but according to the best of his recol- lection he served not less than the periods named below & in the following grade for one year & six months I served as a private in Capt. J. P. Bells Company as stated in my original Declaration & afterwards I served six months as a private in the same Company under the immediate command of his Lieut. Stephen Buel my first enlistment into Bells Company was in April 1778 & as I still believe for the term of one year but as John Dibble has testified that the enlistment was for six months he may be right correct as his memory is much better than my own but I do know I served two seasons, without re-enlisting, that is, I have no recollection of re-enlisting. In July 1779 I exposed to violent rain storm when on guard at Waterbury's Island in said Darien which bet on a fit of sickness which confined me for several days & I was attended by Dr. John Willson Dr. he told my father he must take me out a fishing on the salt water as the most ready means of restoring my health - my father applied to my officers for their consent which was readily obtained as I was then unfit for duty - I accordingly went with my father in a small Boat a Fishing & when about

half a Mile from Shore we discovered two Whale Boats of the lower party which had been concealed on the Hay Islands - They cut off our retreat & took us prisoners & carried us to Long Island New York as stated in my original Interrogation & detained as prisoners of War until exchanged - The whole of this Service was constantly performed in that part of the Town of Stamford which is now Darien except when I was a prisoner as stated above. William Waterbury Sworn to & subscribed the day of November. A.D. 1833
Chas. H. Fowler Judge.
I Samuel Lockwood Clerk of the Court of Probate for the District of Stamford in Connecticut do hereby certify that the foregoing contains the further Proceedings of the said Court in the matter of the application of William Waterbury for a Pension
In testimony whereof I have hereunto set my hand & seal of Office this 5 th day of June 1833
Samuel Lockwood Clerk

State of Connecticut } Stamford Probate District Fairfield County } August 10 th 1832
Personally appeared before the Court of Probate for said District in open Court now sitting Stephen Bishop residing in Stamford in said District who being first duly sworn called - ing to Law on his oaths says - That in the year 1782 he was a Lieut. in a Company of State Guards commanded by Capt. Jose Bell - That Capt. Bell took charge of that portion of the Company which was stationed in the village of Stamford & the Deponent took charge of that part of said Company which was stationed in Middlesex & the Deponent knows that Mr. Waterbury who has subscribed & sworn to the foregoing Declaration was an enlisted soldier & served in said Company under his command for the term of Twelve Six Months. The Dept. does not know the precise time when said Waterbury joined the Company but he amply believes he was in the same for the whole term of enlistment which was six months. Stephen Bishop
Sworn to & subscribed the 9 th day of August A.D. 1832
Ch. Hovey Judge
I hereby certify that Stephen Bishop the above deponent is a credible person -
Ch. Hovey Judge

I Samuel Lockwood Clerk of The Court of Probate for the district of Stamford in Connecticut do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of W m Waterbury for an Censor
In testimony whereof I have hereunto set my hand & Seal of Office this 22 nd day of June 1833 —
Samuel Lockwood Clerk
W m Waterbury

State of Connecticut } Fairfield County - } S. Stamford Probate District Augt. 7 th 1832
Personally appeared before the Court of Probate for said District now sitting in open Court Jonathan Bell of Danure in said District who being first duly sworn on his oath says that he is well acquainted with Mr. Waterbury who has subscribed & sworn to the foregoing Declaration that he knows he was an enlisted soldier & served in Capt. J. P. Bell's Company of State Troops from the Spring of 1778 until Christmas 1779 making eighteen months or more the Deponent was an enlisted soldier & served in said Company for the same time
Jonathan Bell
Sworn to & subscribed to our Oath of proof
Ch. Woodley Judge
I hereby certify that Jonathan Bell the above Deponent is a credible person
Ch. Woodley Judge

State of Connecticut } } Stamford Probate District Fairfield County, } August 7 th 1832
Personally appeared before the Court of Probate for said District now sitting in open Court John Dibble of Darien in said District who being first duly sworn on his oath says that he is well acquainted with W m Waterbury who has subscribed & sworn to the foregoing Declaration - & he knows that the said Waterbury was an enlisted soldier in a Company of State Troops commanded by Capt. Zeph Bell Lieut. Nathl Hanson - That the said Waterbury enlisted in the Spring of 1778 as Deponent believes for six Months The Deponent was an enlisted soldier in the same Company & served with the said Waterbury & after the expiration of the six months the Deponent went on under the same Officers & as he believes, without re-enlisting & served for an other year & he thinks the said Waterbury did the same as he knows that the said Waterbury served constantly in said Company under said enlistment for eighteen months or more
John Dibble
Sworn to & subscribed to the above before me
Ch. H. Hawley Judge -
I hereby certify that John Dibble the above deponent is a credible person
Ch. H. Hawley Judge