Revolutionary War Pension and Bounty Land Warrant Application File S. 21572, Jabez Whipple, R.I.

SERVICE
NUMBER _____
R. J.
Whipple, Jabes
S. 21572
carded
CONTENTS

27337 Rhode Island
Jabez Whipple of Providence in the State of R.I. who was a Lieut. in the _____ commanded by Captain _____ of the Rige t commanded by Colo. Stash in the R.I. line for 4 months Instate Cavalry 1. " 15 days Barrack Master 8 " 1. " " Cavalry
Inscribed on the Roll of _____ No. 2. at the rate of 15 7/8 Dollars 50 Cents per mo to commence on the 4th day of March, 1831.
Certificate of Pension issued the 19 th day of March 1834 and sent to Hon. D. J. Pearce H. of Representatives
Arrears to the 4th of Mar. 1833 $ 315 Amount due at his death Semi-ant. allowance ending Decm 11 1833 118 1/2 $ 433.12 1/2
Revolutionary Act June 7, 1832 Recorded by George Taylor Book 6 Vol. 2 Page 186
payable to his children Anna and Anna Whipple

United States of America Rhode Island District for County of Providence, On the 18 th day of July A.D. 1832 personally appeared William Whipple before me, one of the judges of the Court of Common Pleas in the County of Providence in the State of Rhode Island and Providence Plantations Jersey Whipple a resident of said Providence in said County of State, aged ninety eight years, who from bodily infirmity is wholly unable to attend Court from his great age and being first duly sworn according to law doth on his oath make the following declara- -tion in order to obtain the benefit of that act of Congress passed June 7, 1832, and in compliance with the provisions made in cases where the applicants are unable to appear in Court by reason of bodily infirmity, and in answer to interrogatories by me put, that he was born in said Town of Providence in the year 1734 He had a record of his age in the family Bible now in his poss- -n. He was living in said Providence when called into service and has lived in said Providence and in North Providence adjoining said Providence ever since the revolutionary War and now lives in said Providence that some time in the fall of the year 1778 he joined a company called the Capt. Generals Cavalry commanded by Col. Slack that he belonged to said Com- -pany for more than two years, that in the year 1779 he received a Commission dated April 12, 1779 that when he first joined said company a vote was passed in the company volunteering the service of every member to do duty whenever called upon by any superior officer whenever their services were wanted, after being in the company for some time under Col. Slack. Daniel Alston who was

also an Officer in said Company, was appointed Col while he commanded we were called out to go and do duty near the State of Massachusetts to suppress a difficulty which arose in consequence of the opposition made by Tories. And the applicant further states that he was appointed a barrack Master during Sullivan's Expedition and at one time served in that capacity for six weeks and was under the command of Joseph Lawrence who was Quarter Master and who made the appointment of him as Barrack Master. And the applicant further states that said Company being a mounted company whose services were thought to be very necessary whenever their services were needed and being volunteered their services as aforesaid considered themselves at all times to be under the command of the General Officer commanding at the time and belonged to the Brigades of General Spencer and General Sullivan. He has no other documentary evidence to prove his services, other than the Commission herewith sent. He well remembers the Officer named as aforesaid. The testimony of Jeremiah Newton who served with him is herewith sent
Yaleez his X Whipple mark
State of Rhode Island Providence for July 18. 1832
Sworn and subscribed by the said Yaleez Whipple making his mark before me
W. Aplin Justice C. C. Bliss
And I the said Judge do hereby certify my opinion after investigation of the matter, and after putting the interrogatories prescribed by the War Department, said Yaleez Whipple, was a Revolutionary Soldier, and served as he states, and I further certify that said Jeremiah Newton is a credible witness that his statement is entitled to full faith

and credit. And I do also further certify that said Whipple is as I verily believe, of the age of ninety eight years and owing to his bodily infirmities it is impossible for him to attend Court.
M. Aplin Jr. C. G. Pierce

Municipal Court of the City of Providence March 1834
Be it remembered that Satisfactory Evidence is adduced to this Court. That Jabez Whipple late of Providence deceased was an Applicant for a Pension under the act of the Congress of the United States of the seventh day of June 1832. That said Jabez died at said Providence on the fourth day of December 1833. at the age of ninety nine years. That he left no widow. and that Arnold Whipple and Anna Whipple both residing in said Providence are his Children his only Children and Legal representatives. and that said Arnold Whip- ple and Anna Whipple are both of full age and live in said Providence.
Office of Clerk of the Municipal Court of the City of Providence March 18 th 1834
I Allen O. Lusk Clerk of the Municipal Court of the City of Providence which said Court is charged with Probate Jurisdiction in said City do hereby Certify the foregoing to be a true Copy of the Records of Probate in said Providence in my said office
In testimony whereof I have hereunto Set my hand and affixed the Seal of said Court the day and year aforesaid Allen O. Lusk Clerk

Arnd Whipple & Anna Whipple both of the City of Providence the only children of Jabez Whipple an applicant for a pension under the act of June 7 th 1832 make this supplemental declaration in order to de- tain the benefit of said act - viz The said Arnd & Anna declare that their said father Jabez died December 4 th 1833 aged 99 years & 4 months that he left no widows only two children to wit these applicants - And they further declare that they have often heard their father speak of his military services in the Revolutionary War from the documentary evidence herewith an- nected & from the testimony of witnesses, he said as follows, - that on the 29 of September 1777 he was appointed a Barrack Master for the American Troops then assembled at Trenton & other places opposite to Newport, in what was called "Spencer's expedition" against the British

This appointment will appear from an old memorandum which these applicants have found among their father's papers since his decease & which is in their father's hand writing and as this expedition lasted six weeks, and as they have often heard him say he served as Barrack master that time. They are that he served in said capacity one month & fifteen days. In his declaration made before Mr Justice Aplin July 18 th 1832 this service is put down as having been in Sullivans expedition. This was a mistake as that expedition was not until 1778. and as this appointment was in Sept 29 1777. and as Spencers expedition took place at that time. They are this service was in Spencers expedition one month & fifteen days as before mentioned —
And these applicants further say that in the fall of 1778 their father joined a company called the "Captain General's Cavalry" as a private

and continued a private until he was appointed a Lieutenant in April 1779. and they after that according to the duties this Corps had to perform, that between September 1778 & April 1779. he must have been in actual service four Months - And they further say that in said April he was commissioned as a Lieutenant in said Corps & so continued for two years as will appear by the evidence and as they have often heard him say in his life time. What portion of this time he was in actual service they cannot say but from the best of their information they believe he was in actual service one third of the time or eight Months during the two years all the evidence they have is herewith annexed. & they claim a pension for thirteen Months and fifteen days as follows He served

as Bannack Master as a private of Company as Lieutenant of Co
No. 1. 15 4 1315
They claim a pension for thirteen months & fifteen days service performed by their father in the War of the Revolution in manner as mentioned
Arnold Whipple Anna Whipple
Providence Is
In Providence April 1. 1834.
Then personally came Arnold Whipple and Anna Whipple and made oath to the truth of the foregoing statement by them signed and I further certify that the said Arnold and Anna are credible persons and their declaration are entitled to credit.
Stephen Branch Chief Justice of the Court of Common Pleas County of Providence.

I Jeremiah Manton of Burrillville Johnston in the State of Rhode Island on oath do testify & say that addition & explanation of my former affidavit given in behalf of Jabez Whipple. According to my best recollection I think said Jabez was a Lieutenant in the Corps of Light Horse, mentioned in his declaration two years. he was first commissioned in 1779 & continued in Commission during that & the year following and I further testify that from the arduous duties said Company had to perform. I have no doubt he was in actual service one third of the time, from the time he joined the Company to the end of the year 1780.
Jeremiah Manton
Providence. In presence this eighteenth day of March 1834 Sworn to before me and I further certify that Jeremiah Manton is a credible Witness Joseph Hodges Jr. Clerk

I Caleb Remington of Johnston in the State of Rhode Island being now 86 years of age on solemn oath do testify and say that I was well acquainted with late Iaher Whipple of Providence who was for- merly a Lieutenant in a Corps of Light Horse called the Captain General's Cavalry. According to my best recollection said Iaher joined said Corps in the year 1778. & he was in it for a number of months when he chosen a Lieutenant, & ac- cording to my best recollection he was a Lieutenant two years - & from the arduous duties which that Corps had to perform. I have no doubt he must have been in actual service one half or one third of the time. I was a member of said Corps until the year 1780 I think, & I have now no recollection but what said Whipple always did his duty - and I believe he always did.
Caleb Remington
Johnston March 29 th 1834
The foregoing Deposition was sworn to before me and I certify that the said Caleb Remington is a credible witness Stephen Branch Chief Justice of the Court of Common Pleas - County of Providence

State of Rhode Island &c
Providence ss. I Peter Randall clerk of the court of Common Pleas within and for the County of Providence being a court of Record, do hereby certify that Stephen Branch is a Justice of said Court. That the signature to the foregoing certificate is his proper signature and that full faith & credit are due to his official acts and attestations. Also that Joseph Bridges, whose signature is affixed to the foregoing certificate, is a Justice of the peace within & for the City of Providence in the County of State: That his by Law authorized to take depositions and administer Oaths, and that the signature of same is in his proper hand writing.
In Witness whereof I hereunto set my hand and affix the seal of said Court at Providence this first day of April AD 1832
Peter Randall Clerk
Children, restoration

Sept 29 1778 21 Master This Day appointed March -
for the business of army there for marching & against them I proceeded to Barning and from thence to Cley's ferry and from thence to howland for the ends that the power of with Day the next Day proceeded to Shennett and Harriet Cornell to Coten Regiment and Mr. H. a gain to Cley's ferry and then I arrived that night at
   every day Oct 1 Oct 2 Oct 3 Oct 4 Oct 5 Oct 6     Thursday 2 1 1 1 1 1   Friday 3 1 1 1 1 1   Saturday 4 1 1 1 1 1   Sunday 5 1 1 1 1 1   Monday 6 1 1 1 1 1  

Began to keep my books at Boomer Elect. Co. Wednesday Nite 1 of Oct
Meets of vitals Sat at Boomer Elect. Co. 10:30 PM
   Pres Secy Treas     Tuesday 7 | | |   Wednesday 8 | | |   Thursday 9 | | |   Friday 10 | | |   Saturday 11 | | |   Sunday 12 | | |   Monday 13 | | |   Tuesday 14 | | |   Wednesday 15 | | |   Thursday 16 | | |   Friday 17 | | |   Saturday 18 | | |   Sunday 19 | | |  

the Light horse Coll Stark Coll Ellis Regiment Coll Mack Clancy Coll Browns Coll Tyler Regiment volunteers
Expenses since I left home the 29 th Sep 1867    Shipping Steamer ferry  2 0 0    paid the fare etc to     Barnesville for Board     and horse keeping 14 days  6 9 0    to one horse shoe for my  0 3 3    horse     to three meals and horse  0 11 6    keeping at 2nd grange on the     to washing at Sullivans  0 6 0    to Board 16 days the second time  13 0 0    my self and horse     at crossing & ferry  7 6 9  

Below Newland 730 Coll. Hawes Shugart 900 Coll. Cook 1 d. 500 Coll. Cotton 1 d. 900 Northward of the Ferry Coll. Williams 1 d. 100 Coll. Crafts 1 d. of 100 Coll. Freeman 1 d. 100 Coll. Brown 1 d. 100 Coll. Bowers 1 d. 100 Coll. Hampton 1 d. 100 Coll. Westmond 1 d. 100 Coll. Dyer 1 d. 100 Coll. Hens 1 d. 100 Coll. Ellis } conceal Coll. Blank } conceal M. Howland 1 d. 100 Coll. Elliott 1 d. of 100

Sabey Whipple dis.
29. 250 R.I.
Private Cavalry 4 mos Barack Master 1 " 15 days Lieutenant Cavalry 8 " —
Adm.
Report to Hon. D.J.
Pearce H.R.
Certificate to be issued in favor of Arnold & Anna Whipple chil- dren of the 3 rd ad.
Col. Stark
Wm. L. P. Pierce H.R.I.

Providence, April 1 st 1834
De Sir
I take the liberty herewith to enclose the papers in the claim of Jabez Whipple's children for a pension. Said Whipple died last December almost a 100 years of age - & his children have a claim what would have been due to him if he had lived, and their declaration is herewith enclosed. As this claim has been pending more than a year & a half, altho' I had nothing to do with it in the first instance I have been requested by the children to state their claim & forward it - May I ask of you to interest yourself a little in their behalf & get it examined & allowed whatever may be their due, soon - Old Mr Whipple was a very respectable old gentleman & his children are respectable & deserving -
I am respectfully & sincerely Yours
Benja Cowee
Hon D. J. Pearce

BY HIS EXCELLENCY,
John Brown Francis
Governor, Captain-General and Commander in Chief of the State of Rhode-Island and Providence Plantations.
BE IT KNOWN, that the name "HENRY BOWEN" to the afore-written attestation subscribed, is the proper hand writing of Henry Bowen, Esquire, who, at the time of subscribing the same, was Secretary of the State aforesaid, duly elected and qualified according to law: Wherefore unto his said attestation full faith credit are to be rendered.
In testimony whereof I have hereunto set my hand and caused the seal of said State to be affixed at Prov- idence, this thirtieth
day of November in the year of our Lord one thousand eight hundred and thirty- three and of Independence the fifty- eighth .
John Brown Francis
BY HIS EXCELLENCY'S COMMAND.

State of Rhode Island and Providence Plantations :
Secretary's Office Nov. 30. A D 1833.
I certify that at the date of the annexed certificate signed in the proper hand writing of William Aplin, the said Aplin was a Justice of the Peace Court of Common Pleas within the County of Providence, duly elected and commissioned, as appears of record in this office.
Witness, Henry Bowen Secy.
James Whipple Declaration 292.50

By his Excellency William Greene Esquire, Governor, Captain-General, and Commander in Chief, of and over the State of Rhode-Island and Providence Plantations.
TO Jabez Whipple. Gentleman, GREETING.
Y OU the said Jabez Whipple being chosen and appointed Second Lieutenant of the Company of the Troop of Horse by the Major of the Captain General's Caval- ry for the County of Providence in the State aforesaid with the Rank of Major and duly approved of, are hereby, in the Name of the Governor and Com- pany of the said State, authorized, empowered and commissioned, to have, take and exercise, the Office of Second Lieutenant of the Company aforesaid, with the Rank and Privileges to which you are entitled by the Charter of the said Company, and to command, guide and conduct the same, or any Part thereof: And in Case of an Invasion, or Assault of a common Enemy, to molest or disturb this Plantation you are to alarm and gather together the Company under your Command, or any Part thereof you shall deem sufficient, and with them, to the utmost of your Skill and Ability, you are to resist, expel, kill, and de- stroy the same, in order to preserve the Interest of the good People in these Parts. You are also to follow such further Instructions, Directions and Orders, as shall from Time to Time be given forth, either by the General Assembly or the Governor and Council of this State, and other your superior Officers: And for your so doing, this Commission shall be your sufficient Warrant and Discharge.
G I V E N under my Hand and the Seal of the said State, the Twelfth Day of April in the Year of our Lord One Thousand Seven Hundred and Seventy-nine.
By his Excellency's Command, Henry Ward
W. Greene

Reelection 21572 INVALID.
No. 21,572
Joby Whipple Lieut Genl War
Act: June 7 th 89 th
Lex:—Vol. 2 , Page 447
[Arrangement of 1870.]

I Jeremiah Manton of Johnston in the State of Rhode Island & aged 70 years now according to law before me say, that James Whipple of said Providence, an applicant for a pension for services rendered in the Revolutionary War belonged to a Company of horse called the Light Artillery Cavalry, commanded by Col Black part of the time and part of the time by my father, then Col Daniel Manton, from the year 1778 to the end of the war. Said Whipple held a Commission of Lieutenant for one year, or more in said Company. I served also in said Company during all of said time, we at one time passed a vote, during the services of said Company to the Commanding Officer Col Black for General Spencer, who accepted our services and we were attached to his regiment, we were called upon by General Spencer at various times and our Company several times did duty by his order. Said Whipple also in addition to his services in said Company did duty as Barrack Master by order of Capt Joseph Lawrence, I believe. Jeremiah Manton
State of Rhode Island Providence July 18 1832 Then sworn and subscribed before me and I certify that said Jeremiah Manton is a credible witness and that his statement is entitled to credit.
M. A. Allen Jr. C. C. Pheas

29250
Savery. Whipple N.S.
Dec 24/1833
6
Hon. D. J. Pearce H R

WAR DEPARTMENT,
Pension Office.
Jan 29 th 1834
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 Sabey Whipple
   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,
JAMES 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 A. B. Sworn to 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 (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 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
as the actual service of the applicant is not stated it is necessary that the declaration should be amended

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 inquiry 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 or 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 _____; 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.
and the true letter specified or proved by witnesses