Revolutionary War Pension and Bounty Land Warrant Application File S. 11,586, Thomas Turner, Conn. Privateer

SERVICE
loom. Privater.
Turner, Thomas
NUMBER _____
S 11586
carded
CONTENTS

No 18318
Thomas Turner Gonucubo- N.Y.
adm y.
70 1750 81
Timothy Fletcher Gonucubo- N.Y.

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 show what is necessary to be done. Those points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus: { ). You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your claim.
A Statement, showing the Service of Thomas Turner  York  General Coe's Cav
   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.     Oct 1st March 1777 2 Private Capt Hall 71 years Witneps P Davidson for 8 mo   1777 Col McClain Monsfi traditional evidence   Spring 77 Col Elry eld Con living witneps E Root for   Sub Feb 78 1 Capt Walts necticut service Fall 1778 at newton   Col McClain hon  
say 7 1/2 months
33.33 3.66 0.00
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 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 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.
[t] If a witness cannot be found, the declarant must state the fact.
[m] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.
John R. Ashton

20.602 New York
Thomas Turner
of Sennepele in the State of New York who was a Private in the Comp. command by Captain Hall of the Regt command by Col. McBain in the Cont. ★ line for 10 1/2 months
★ Conn. of Privateer's Regt. Records completed
Inscribed on the Roll of New York at the rate of 35 Dollars — Cents per annum to commence on the 4th day of March, 1831.
Certificate of Pension issued the 23 day of Sep. 1831 and unto S. Fitch Col. Enrolled
Arrears to the 4th of Sep. 33 $ 87.50 Semi-ant. allowance ending 4th. 24 17.50 $ 105.00
Revolutionary Claim, Act June 7, 1832.
Recorded by G. C. Atkes Clerk Book E. Vol. 1. Page 87

x
Thos Turner's application for a Pension
18318
✓
Adm d 10 1/2 mo. per 35 $

State of New York Green County } ss
On this 18 th Day of Oct 1832 personally appeared in Open Court before the Judges of the Court of Common Pleas now sitting Thomas Turner a resident of the Town of Elka in the County of Green & State of New York aged seventy one years nine months who being first duly sworn according to law, doth on his oath make the following Declaration in order to obtain the benefit of the Act of Congress passed June 7 th 1832; That he entered the service of the United States under the following named officers and served as herein stated; (viz) That he Enlisted the first of March 1777 for the term of Two Months in the Company commanded by Captain Nathaniel Hall of Mansfield Connecticut and went to Graton Park near New London; he thinks Col M c Clarin commanded the Regiment at Graton he was discharged and went home; A few days after he got home in the Spring of the same year This Regiment again Enlisted into the Company of Captain Deane for the term of Eight Months we marched first to New London stayed there for a time then were ordered to March to Little Compton in the state of Rhode Island does not recollect precisely how long they stayed; then were ordered to Narwalk then back to New London when this Regiment was taken sick got a furlough signed by Col Ely who commanded the Regiment at that time went home a few days before his term of service had expired and was at home when the Company were Discharged at New London on the last of December 1777 or the first of Jan y 1778 Elias Root was a Maj in the same Regiment to which this Regiment belonged
This Deponent further saith that he took the place of his Father Joseph Turner who had been drafted and served as his substitute One month at New London 6 th in the fall of 1778 as near as he can recollect in the Company of Capt — Wales of Windham 6 th thinks Col M c Clarin then commanded the Regiment

This Deponent further saith that he Enlisted on Board the Sloop Harlequin a Privateer Commanded by Capt Herd Sailed from New London About the first of Sept 1779 had not been long out when they were taken prisoners by a British Brig and taken to New York and put on Board a British prison ship called the Good Hope and were kept as Prisoners about Three months & allowed only about quarter Rations During that time; we were then sent to Boston in order to be exchanged; but there being No Prisoners at that place at the time; they were about to carry us Back to New York when we had an opportunity to get on Board some Boats and made our Escape by the Sloop at Boston and returned home after that; he was a prisoner more than Three months
This Deponent further saith that he was born in the year 1760 in the Town of Mansfield Connecticut He thinks there is a record of his birth in the office of the Town Clerk of that Town that he lived at the same place where called in to service and also at the close of the war was then living in the Town of Sharon Vermont Removed to the Town of Elba in the County of Hudson where he now resides about Twenty Five years since; that he never received a written Discharge but was always Discharged verbally
He hereby relinquishes every claim whatever to a Pension or Annuity except the Present and certifies that his name is not on the Pension Roll of any State That he is acquainted with E. B. Davis Asa Badcock Charles Woodworth and others in the Town of Elba who can attest to his character for truth and veracity and their belief of his services as a soldier of the Revolution that he was acquainted with Genl Sturges Col Ely Col Arnold Capt Kings Capt Masley Capt Calkins Capt Seamy while in the service Subscribed and sworn This 18 th Oct
Howey Dorrance

Day of October 1832 in open court Timothy Fitch Clerk
We E D Davis & Asa Badcock Residents of the Town of Elmer Green County do hereby certify that we are well acquainted with Thomas Jones of said Town of Elmer who has subscribed and sworn to the above declaration that we believe him to be seventy five years of age that he is beloved and respected in the neighborhood where he resides we have been a soldier of the Revolution and that we have ever in that opinion
E D Davis
Asa Badcock
Subscribed and sworn This 18 th Day of September October 1832
in open court
Timothy Fitch Clerk
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 E D Davis & Asa Badcock who have signed the foregoing certificate are Residents of the Town of Elmer in said County and that their statement is entitled to credit
William Mitchell Robert Gull Isaac Wilson
Isaac

clerk of the I Timothy Fitch Court of Common Pleas of Genesee County Do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Thomas Turner for a Pension and further that P D Davis before whom the said affidavits were taken was on the day of the subscription a Justice of the peace in said County of Genesee and acting under the authority of this State and that the signatures are in his own hand writing In witness whereof I have hereunto set my hand and seal of my said office this 18th day of October 1832
Timothy Fitch Clerk

State of New York } Onondaga County } ss Onondaga County }
Peter Davidson of the Town of Stafford State & County aforesaid being duly sworn before me the undersigned Justice of the Peace of the Town of Elba in said County do hereby certify that he has been acquainted with Thomas Turner of the Town of Elba and has known him for more than sixty years that he was first acquainted with said Turner in the Town of Mansfield in the State of Connecticut; that said Turner enlisted in the spring of 1777 into the Company of Capt. Denny in Col. Ely's Regiment and was a Mesmate with this Regiment for a considerable time and this deponent saith that said Thomas Turner served at this enlistment about eight months at New London at Little Compton R Island Narwalk etc. This deponent further understands that the said Turner served at different Periods of time besides that which this deponent has particularly related
Subscribed and sworn this 10th day of Aug. 1832 before me
Peter Davidson
E. D. Davis Justice of the Peace
I certify that I am well acquainted with Peter Davidson who has subscribed & sworn to the above affidavit and that he is a credible witness
E. D. Davis Justice

State of New York Hudson County
Elijah Root of the Town of Bethany in the County of Hudson being Real Estate Sells that he has been acquainted with Thomas Turner of the Town of Elba in Cattaraugus County for more than fifty years that he knew him in the Revolutionary Army in the year 1777 at Fort Greville near New London he also relates that the said Thomas Turner was in the service in fall of 1778 at New London 6th
This Deposition will recollect that it was the same time that he was in the neighborhood where the said Turner resided that he was taken prisoner by the British and by them held as a prisoner for a considerable time in the spring of 1778 and from this Deposition such matter Subscribed and sworn Aug 16th 1832 before me
Elijah Root
E D Davis Justice of the Peace
I am acquainted with Elijah Root who has subscribed & sworn to the above Affidavit & is hereby that he is a creditable witness
E D Davis Justice

Rev Eng
11.586 INVALID.
File No. 11.586
Thomas Turner Prior Poor War
Act: June 7 th 1832
Index:—Vol. A , Page 881
[Arrangement of 1870.]