Revolutionary War Pension and Bounty Land Warrant Application File W. 25,996, Richard Whitney, Mass.

SERVICE
NUMBER
Mass.
Whitney, Richard Ruth
N. 25,996
CONTENTS

14841
14162
New York
Richard Whitney
Chautauqua in the State of New York who was a Private in the Company commanded by Captain Miller of the Regt. commanded by Col. Brewer in the Mass. militia time for 9 mos
Inscribed on the Roll of New York at the rate of 30 Dollars 00 Cents per annum. to commence on the 14th day of March, 1831.
Certificate of Pension issued the 11 day of May 1833 and sent to
O. A. Osborn Mayville
Arrears to the 14th of March 1833 $60.00 Semi-ant. allowance ending Sept. 15.00
$75.00
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by W. L. Witham Clerk, Book C Vol. 4 Page 41

Declaration of Rich d Whitney 14841 for a Pension under Act of 7. June 1832 12. Regt. Mass. Line.
T. A. Osborn Agent Mayville, Chan. Co N. York
On Rolls Sprouts Regt 10 July '79 to 10 Apr '80
9 mo.
Passed

Declaration of Richard Whitney, in order to obtain the benefit of the Act of Congress passed June 7. 1832.
State of New York } Chautauque County } p.
On this 12 th day of October 1832, personally appeared before the Court of Common Pleas, in & for the county of Chautauque, Richard Whitney a resident of the town of Chautauque, in said county, aged seventy three years, on the sixth day of December next, 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 enlisted in the Army of the United States, in the year 1779, & passed muster by Col. Ely muster master, at Springfield Massachusetts & served in the twelfth Regiment of the Massachusetts Line, under the following named officers. Field Officers , at time of enlistment. Gen. Patterson, Col. Brewer. At time of discharge Genl. Patterson, Col. Shroyer. Company Officers , at time of enlistment. Lieut. Miller, Ensign Warren. At time of discharge Lt. Miller had become Capt. Miller. The captain of the company into which declarant enlisted, had at that time resigned his commission & gone home. He resided when enlisted in the town of Lee  Lenox , Berkshire County Massachusetts, but enlisted as one of the quota required from the adjoining town of Lenox; went to Springfield & was mustered; & then marched through Hartford & Litchfield, in Connecticut, to Fishkill on the Hudson River New York, & from thence to West Point on the River below. In September he with a party of about thirty, went to Coeymans Patent to get out shingles for building barracks for the troops at the Point, & returned again in November to the Point. With this exception, he remained at the Point, until the winter, when he was marched with his company to Fishkill where he was discharged after a service of nine months. He enlisted the fore part of July 1779 & was discharged the 10 th day of April 1780. He had a written discharge but has lost it. He hereby relinquishes, every claim whatever to a pension or annuity, except the present, & he declares, that his name is not on the Pension Roll of any Agency in any state.
Sworn to & subscribed the } day of year aforesaid }
W. D. Worth
Judge Chas. Bowditch
Richard Whitney

And the said court, do hereby declare their opinion that the above named applicant, was a Revolutionary Soldier & served as he states.
Judges.
I James B. Lowry clerk of the Court of Common Pleas in & for the County of Chautauqua, do hereby certify, that the foregoing contains the original proceedings of the said court, in the matter of the application of Richard Whitney for a Pension. In testimony whereof, I have hereunto set my hand Seal of office this 12 th day of October 1832. James B. Lowry Clerk

4934 Albany New York
Report
Ruth Whitney widow of Richard Whitney who served in the Revolutionary war, as a Private
Inscribed on the Roll at the rate of 30 Dollars 00
Cents per annum, to commence on the 4th day of March, 1848.
Certificate of Pension issued the 25 day of June, 1849, and sent to
Samuel A. Brown, James town New York
Recorded on Roll of Pensioners under act February 2, 1848, Page 242 Vol. 4

No 6.943. (May 18 th / 44) Ruth Whitney N.Y.
Relating to claim of Ruth Whitney, act 4 July '36-
Rejected under 1836
Sara Brown Jamesstown N.Y.

State of New York } County of Chautauqua } ss - On this sixth day of April 1847 personally ap- -peared before the Judges of the court of Common Pleas of the county of Chan- -tauque, the same being a court of record, and so made by the statute law of the State, at the court house in the village of Mayville, Ruth Whit- -ney a resident of the town of Chan- -tauque, in the county of Chautauque aforesaid, civil State of New York, aged eighty two years, who, being first duly sworn according to law, doth on her oath, make the following Declaration in order to obtain the benefit of the pro- -vision made by the act of Congress passed July 4. 1836, and the acts made subsequent thereto pertaining to wid- -ows -
That she is the widow of Richard Whitney who was a pri- -vate soldier in the army or militia of the United States, that she cannot tell whether he was drafted or volunteered, but she has always understood from her said husband, and in which opinion this deponent concurs, as she then lived in the town of Lenox, in the county of Berkshire and State of Massa- -chusetts, the same town where her said husband commenced his mil- -itary service, that a certain number of men were required from said (town

town, that in order to raise them the militia were divided into claps, and one clap lined a soldier, in which clap was the husband of this deponent who was lined by said clap, that she cannot state who the captain was, but she believes the colonels name was Brew-er, that they rendezvoused at Springfield, that the Regiment from thence marched to Westpoint, that after they arrived at Westpoint she understood from her said husband that he was transferred to a Regiment commanded by Col: Spratt, that she thinks the Generals name was Patterson, that she thinks he was stationed at Westpoint while he served, that he commenced his service at Seneca upon a muster, in the month of July 1779 and came home in April 1780, and that he served nine months, that she has no documentary evidence in support of her claim -
She further declares that she was married to the said Richard Whitney on the eighth day of April one thousand seven hundred and eighty four, at the town of Seneca upon a muster, by the Rev. Samuel Morrison; that her husband, the aforesaid Richard Whitney died at the town of Chautauqua upon a muster, on (the

the tenth day of May one thousand eight hundred and forty four, and that she has remained a widow ever since that period, as will more fully appear by reference to the proof hereto annexed -
That she had no knowledge until last winter that widows were entitled to a pension -
Sworn to and subscribed
on the day and year above written, in open court - Kath Whitney
Before -
M c R. Pomeroy Clerk of Chaut. Co. Com. Pleas.
Chautauque County ss I Richard Whitney being duly sworn deposeth and saith that he is fifty one years of age as he believes, that he has resided in the town of Chautauque and county aforesaid for twenty six years, that he has been an apothecary in said town for thirteen years, a justice of the peace for four years, and a postmaster for six years, which last office he now holds - He does further depose and say that he was born in the town of Paris, Oneida Co. N.Y., lived there till he was

about twenty five, when he removed to the town of Chautauqua aforesaid, that he resided with his parents Richard Whitney and the above named Ruth Whitney which he had in Oneida County aforesaid, that the family emigrated to the town of Chautauqua aforesaid twenty six years ago, that since that time his parents have lived within a few rods of him.
That his father the said Richard Whitney was a hessian at 30 dollars a year, that his certificate is dated May 11. 1833 and numbered 14,162, that he died at the town of Chautauqua aforesaid on the tenth of May 1844.
He does further depose and say that there is a record of a marriage between the said Richard Whitney and Ruth Wilson in a large family Bible, which Bible is older than this deponent, and the record thereof he has ever seen in said Bible since his earliest recollections, that from said record it appears that the marriage took place on the eighth day of June seventeen hundred and eighty four,

That they have always cohabited as man and wife, lived happily together, raised a family of four children, were both members of the Episcopal Church, and he never heard the validity of their marriage questioned.
Sworn in open court and subscribed this 14th day of March 1847.
Richard Whitney
M.P. Union Club.

Commonwealth of Massachusetts Berkshire County ss.
Town Clerk's Office of the Town of Lenox Feb. 25. 1847. I William T. Tucker do hereby say that I hold the Office of Town Clerk of Lenox in said County that I have the care & keeping of the Records of said Town, and that I have examined the Records of Marriages in said Town and find no record of the Marriage of Richard Whitney & Ruth Willson - by Rev. Samuel Munson - and I further say that I have often examined the Records of the town, and also the Records of the Church over which the Rev. Mr. Munson was Pastor, & never have been able to find any Record of marriages kept by the Rev. Samuel Munson, and I further certify that I have recently examined the Church Records, and am certain that the Rev. Mr. Munson never kept any Records of Marriages. Wm. T. Tucker, Town Clerk of Lenox
Commonwealth of Massachusetts Berkshire County ss. } Lenox February 25. 1847.
Wm. T. Tucker signed the foregoing, affirmed under oath in due form of law to the truth of the same - and I certify that the said Tucker is a credible Witness.
H. J. Bliss - Justice of the Peace

Commonwealth of Massachusetts Berkshire, ss.
I Charles Sedgwick Clerk of the Judicial Courts of the Commonwealth for the County of Berkshire do certify that Henry D. Bliss Esq. is one of the Justices of the Peace within the said County duly commissioned and qualified, and that the signature purporting to be his is genuine.
In testimony whereof I have hereunto set my hand and affixed the seal of said Court this twenty fifth day of February 1847. Charles Sedgwick Clk.

State of New York Wyoming County -
SS. Daniel Wilson of Housaw in said County aged Twenty three years May 13 th 1846 being duly sworn doth depose and say that he is a brother of Rutte Whitney, whose maiden name was Rutte Wilson the widow of Richard Whitney of the town and county of Chautauqua, he does further depose and say that he was pres- ent at the marriage of the said Richard Whitney to the said Rutte that they were married by the Rev Samuel Munson a clergyman at the town of Senex in the County of Berkshire and State of Massachusetts, that the marriage ceremony was performed on the eighth day of April in the year of our Lord one thousand eight hun- dred and eighty four, that he has ever since been well acquainted with the said Rutte and with her husband the said Richard Whitney till his death, that they cohabited together as man and wife, and that the legitimacy or legality of their marriage he never heard ques- tioned -
That he remembers the date of the mar- riage from the following circumstances (viz) I was fourteen years old when my father moved to Charlton Saratoga Co., NY, and that Richard & Rutte were married there before we moved to the state of New York I know that the marriage was recorded in my Father's Bible in the month of April & I think it was the 8 th day of the month the bible I kept myself after I was married until my house was burned and the bible burned in it
Daniel Wilson
Subscribed & sworn the day & year first above written before me v. I certify 8 th deponent to be a credible Witness & the words & figures May 13 th 1846 were inter- lined previous to the execution of this affidavit
J. W. Knapp justice

STATE OF NEW YORK, WYOMING COUNTY,
} ss.
I, Abel Webster  WALTER HOWARD , CLERK OF WYOMING COUNTY, do hereby certify, that
J. W. Knapp Esq.
before whom the annexed Instrument in writing was proved or acknowledged, was, at the time of taking such proof or acknowledgment, a Justice of the peace in and for said County, duly authorized to take the same. And that I am well acquainted with his hand writing, and verily believe that the signature to said Certificate of proof or acknowledgment is genuine.
IN WITNESS WHEREOF, I have hereunto affixed my hand and affixed my official seal, at Warsaw, in said County, this 27 th day of April 1847
W. Smith. Deputy CLERK.

State of New York } Saratoga County }
Sb. Sarah Rogers of Charlton in said County Wife of John Rogers aged Seventy nine years and upwards. Being duly sworn doth depose and say that she is a sister of Ruth Whitney whose maiden name was Ruth Wilson the widow of Richard Whitney of the Town and County of Chautauqua. She does further depose and say that she was present at the marriage of the said Richard Whitney to the said Ruth that they were married By the Reverend Samuel Munson a clergyman at the time of Lenox in the County of Berkshire and State of Massachusetts that the marriage ceremony was performed on the eight day of April in the year of our Lord one thousand Seven Hundred and Eighty Four that she has ever since been well acquainted with the said Ruth and with her husband the said Richard Whitney till his death that they lived cohabited together as man & wife and that the legality or validity of their marriage she never heard questioned.
Sarah Rogers
Subscribed and sworn to Before me this 22 d April 1847 at the Town of Charlton Saratoga County
N H Brown Justice of the Peace
I hereby certify that I am well acquainted with the deponent and that she is a person of truth and veracity
N H Brown

STATE OF NEW-YORK, SARATOGA COUNTY CLERK'S OFFICE, } ss.
I, JAMES W. HORTON, Clerk of said County, do hereby Certify, that
J. W. Horton
before whom the annexed Affidavit
Certificate was taken
and whose name is thereunto
subscribed, was at the day of the date thereof a
Justice of the Peace
in and for said County, and duly authorized by law to
take the same; and that I am well acquainted with the hand-
writing of the said Justice
and verily believe that his signature to the said Affidavit
is genuine.
In Testimony whereof, I have hereunto set my hand and affixed the Seal of said County, this 1 st
day of May
1847
James W. Horton
CLERK.
Clown

State of New York Chautauqua County } ss.
I Mathew P. Beman Clerk of said County and Clerk of the Court of Common Pleas of said County - Do Certify that Ruth Whitney the above applicant for a pension has this day been duly sworn to the above declaration in open Court before the Judges of the Court of Com- mon Pleas of said County at the Court house in May- ville. That said Court is a court of record and that said Court is of the opinion that said Ruth Whitney is entitled to a pension -
In testimony whereof I have hereunto set my hand and affixed the seal of the Court of Common Pleas of said County this fifth day of April eighteen hundred and fifty four -
M. P. Beman Clerk
Jno R. C. Green Dept Clerk.

State of New York Chautauqua County
ss - 1847
On this thirty first day of August personally appeared before the Supreme Court of the State of New York, at the court house in the village of Mayville, in said county, Ruth Whitney a resident of the town of Chautauqua, in said county, aged eighty two years, who being first duly sworn according to law, doth on her oath, make the following declaration, in order to obtain the benefit of the provision made by the act of Congress, passed July 7. 1835 entitled "An act granting half pay and pensions to certain widows", that she is the widow of Richard Whitney, who was a soldier in the Revolutionary war, according to her declaration made on the sixth day of April 1847 before the court of common pleas of the county of Chautauqua, here - tofore sent to the war office.
She further declares that she was married to the said Richard Whitney on the eighth day of April one thousand seven hundred and eighty four at the town of Seno, in the county of Berkshire and State of Massachusetts, that her husband, the aforesaid Richard Whitney, died on the tenth day of May one thousand eight hundred and forty four; that she was not married to him prior to his leaving the service, but the marriage took place previous to the first of January, seventeen hundred and ninety four (1794) viz, at the time above stated. that she has not been married since but remains a widow.
She does further depose and say that she and her said husband moved from Seno aforesaid, to the town of Charlton, county of Saratoga and state of New York in 1786, and from thence removed to the town of Paris, in the county of Oneida, and state of New York in the year seventeen hundred and ninety two, that soon after her husband bought a large Bible, printed by Isaiah

Thomas of Worcester. Maf: in 1791, that as early as 1795 a record of their marriage was made in said Bible, by one Esther Lee who was a Justice of the Peace in Davis aforesaid, that said Lee has been dead at least twenty five years, that the leaf containing the entry of said marriage, is now cut from said Bible and herewith attached to this declaration, that the said Esther Lee made all the entries on the first page of said leaf herewith sent, that said family Bible has ever since said entries have been small, been in the possession of her husband, was brought with them to this county twenty six years ago when they moved from Friend county to Grantville, and since the death of the said Richard has been with this deponent.
She does further depose and say that she has not visited Sarah aforesaid since 1799 and knows of no person there by whom she can prove her marriage, nor does she know of any person elsewhere, excepting by the testimony of Sarah Rogers whose affidavit has heretofore been sent to the War Office, nor does she know of any person who is now living by whom she can prove her marriage excepting by John Rogers the husband of the said Sarah, with whom she became acquainted about the year 1746, and who knows by reputation that they were married.
She further says that the figure 4 (four) on the second leaf of this page was by her orders altered to a "5" by her directions before signing, so as to read "1795". Inasmuch as said date is on the day and year as above written, in open court, before the judges & clerks thereon -
M. P. Remus. Clerk. Docket. 1795

Chautauqua County to Richard Whitney of the town of Chautauqua in the county aforesaid, being duly sworn doth depose and say that he is fifty two years of age, that he is the son of Michael & Ruth Whitney, that ever since his birth he has lived with them or within half a mile, that the family bible testified to by the said Ruth Whitney has ever been in the possession of his said parents, ever since he can remember, that the record of the marriage of the said Richard & Ruth contained in said Bible, the leaf containing which marriage is herewith attached and sent, has ever been in said bible ever since he has any recollection of any thing, and that he verily believes said record is strictly true;
Sworn to and subscribed on the 30 th day of August year above  one thousand Eight hundred and written, in open court - M. P. Remond Clerk Richard Whitney

FAMILY RECORD of MARRIAGE, and BIRTHS of CHILDREN.
Richard Whitney son of Richard & Esther Whitney of Bridgfield was married to Ruth Wilson ————— daughter of Daniel and Sarah Wilson of Lenox ————— on the eighth ————— day of April —————, in the year 1784 The Time of the Births of their Children, and their Names are as follow, viz. Henry Whitney Born Jan y 24 th 1786
Electa Whitney born Nov r 5 th 1788 ————— Thomas Whitney born Oct r 25 th 1791 ————— Richard Whitney born July 16 th 1795 —————
Richard Whitney Born at Bridgfield Dec r 6 th 1759
Ruth Wilson Born at Bridgfield March 16 th 1765
M.S.P.

FAMILY RECORD of DEATHS.
Richard Whitney sen Died May 10 th 1844 Aged 84 years 5 months & 4 days
Thomas Whitney Died Feb 8 th 1844 Aged 52 years 3 months & 13 days
Asuria Wife of Henry Whitney Died March 3 rd 1847 Aged 52 years 6 months and 20 days
Henry Whitney Died March 6 th 1847 Aged 61 years 1 month and 30 days

State of New York Senatoga county
So John Royes of Charlton in Said County aged Seventy three years and upwards Being duly sworn doth depose and say that on the fourth day of June 17.88 He was married to Sarah Wilson the sister of Ruth Whitney the widow of Richard Whitney of the town and County of Chautauque in said state that for two years and a Half previous to His marriage He was acquainted with the said Richard and Ruth Whitney that at the time of His first acquaintance with them They Had one child a son By the name of Henry They were reputed to Be man and Wife that they Lived and cohabited together as such that I Have Ever since Been well well acquainted with the said Richard and the said Ruth until the said Richards death that they cohabited together as man and Wife and reared a family of children together that the validity & legality of their marriage is never heard questioned nor disputed and further the deponent saith that
John Royes
Sworn and subscribed before me this 15 th day of November 1847 to me the subscriber W m H Brown Justice of the Peace well known

State of New York Saratoga County } ss Charlton in said County aged seventy eight years and upwards Being duly sworn both before and say That he was well ac- -quainted with Richard and Ruth Whitney in the year seventeen hundred and eighty eight (1788) and that the said Richard and Ruth Whitney lived together as husband and wife in the same neighbourhood and never knew anything to the contrary but that Richard and Ruth Whitney were lawfully husband and wife and further the Deponent saith not Wm Brown sworn and subscribed before me this 18 th day November 1847 the sub- to me well known Wm Brown Justice of the Peace
State of New York Saratoga County } ss Clerks Office
I James M Horton Clerk of said County do hereby certify that Nathan H. Brown before whom the annexed Affidavits were taken and whose name is thereunto subscribed was at the day of the date thereof a Justice of the Peace in & for said County and duly authorized by Law to take the same; and that I am well acquainted with the handwriting of the said Justice & truly believe that his signature to the said Affidavits are genuine.
In testimony whereof I have hereunto set my hand and affixed the seal of said County this 15 th day of November 1847 James M Horton Clerk

ad 44-68 N 13887
Ruth Whitney mo of Richard NY
act 7 July 1838
Mamma before 1794 Rejected, Muscavada died 10 May 1844
ad 10 Oct 17 June 44, 2 Feb 48 #30 1/2 p.m.
Mr 10 May 44
Samuel Brown Jamesstown N.Y.

State of New York } Chautauqua County }
I, Matthew P. Barnes, Clerk of the County of Chautauqua aforesaid, also Clerk of the Supreme Court. Do hereby certify that at a regular Special term of the Supreme Court of the State of New York, the same being a Court of Record, held at the Court House in the Village of Mayville in said County on the 21 st day of August 1847, personally appeared Ruth Whitney who duly made oath in open Court to the above declaration hereto annexed, and subscribed her name thereto, and I do further certify that the leaf cut from the family Bible was then and there exhibited to the said Court, which is also hereto annexed, and that the said Richard Whitney did also subscribe and swear in open Court to the deposition hereto attached. And I do also certify that I have been well and intimately acquainted with the said Ruth Whitney and Richard Whitney for many years, and that both of them are persons of the strictest integrity and sustain a fair and unimpeachable character in every respect.
In witness whereof I have hereunto set my name and affixed the seal of said Court & County this 21 st day of December in the year of our Lord one thousand eight hundred and forty seven.
By R. O. Green Dept. Clerk.

14841
Richards Whitney
aom d 9 mopr 35 $
J.A. Osborne Mayville Chautauqua 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 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 Richard Whitney of Chautauqua County — New York
   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.     Entd 1777 9 Private Capt Miller Genl Patterson Col Brewer None from See Hudson to Fiskill West Point N. York See Berkshire County Mass Chautauqua N.Y. aged 73 years None  
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 [e] 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.

1922, Dec. 13 hist. to Mrs. Lawrence M. Wiltsie - En.
Roy  WIDOW, &c.
File No. 26,996
Ruth Whitney wid. of Richard Whitney Prin Br. Mus.
Act: Feb 2 nd 1848.
Index:--Vol. N , Page 325
[Arrangement of 1870.]

6993
Butt Whitney
M. O.
Oct 6 5th Avenue
May 28th '67
U. S. Navy Aug 3 1867
U. S. Navy May 18 1867
lost 4th July '36

Richard Whitney, Catawba Co NY Act 7 June 1832 $30. Pr Ann
Pension Office June 22 1849
To what time was he last paid? filets
P d to 4 th Mar. 1844. B. B. B.

614 Albany. New York
Reported
Ruth Whitney widow of Richard Whitney who was a Private in the Revolution Husband died 10th May '44.
Inscribed on the Roll at the rate of 30 Dollars 00 Cents per annum, to commence on the 1 st day of March , 1844. May,
Certificate of Pension issued the 25 th day of June, 1849 and sent to Saml. J. Brown, Canajoharie, N.Y.
[Act of JUNE 17, 1844.]
Recorded in Book 6
Vol. 2.
Page
90

Dec. 4 th Nov. 21 st 48
South Washington add d Mr. Parsons I think Brown
Hon. S. L. Edwards Commr of Pensions City of Washington

5 Revolutionary.
Mr Davis
21 Nov 1848
21 Nov

Jamestown, N.Y. Nov: 15. 1844. Hon J. L. Edwards -
Sir -
In your letter to me of May 16. 1848 in relation to Mrs Ruth Whitney, you say that John Prager & William Prager are not "certified to be credible witnesses" - You add "If this defect in their testimony can be supplied by the certificate of the judge of some one of the county, in the county in which these witnesses reside, by a member of Congress, or some other person known to this office Mrs Whitney's claim will be admitted."
I now send the affidavit of Judge Gilchrist, who it seems has long been well acquainted with them, and who swears to their good moral character, and further it seems that Resey Prager has twice been in the legis- -lature of this State -
Under the new constitution of this State there is but one county judge, instead of 5 as formerly - The present judge holds some distance

from Messrs Hazen & Brown, therefore I send the affidavit of Judge Gilchrist one of their late Judges, which I think will strictly come within your rule "or some other person known to their office".
It seems to me that every ob- -jection is now obviated, and therefore I hope to expect a favorable decision from your department -
Yours very Respectfully
Saml A Brown

Payments to be made at New York by Presd: U. S. Br. Bank Agent for paying Pension- ers, in the Agency of New York
Recorded in the Pension Of- fice, in Book E Vol. 11 Page 36 by W. L. Williams Clerk.

WAR DEPARTMENT.
Revolutionary Claim.
I certify that, in conformity with the law of the United States of the 7th June, 1832, Richard Whitney of the State of New York who was a Private in the war of the Revolution is entitled to receive Thirty dollars and 10 cents per annum, during his natural life, commencing on the 4th of March, 1831, and payable semi-annually on the 4th of March, and 4th of September, in every year.
Given at the War Office of the United States, this 11 day of May one thousand eight hundred and thirty- Three
Lee
Secretary of War.
Examined and } Countersigned. }
J Edwards
Commissioner of Pensions.

State of New York } Onida County. ss. }
Thomas Jones of Westmoreland in said County being duly sworn de- poses and says, that he is fifty seven years of age, That for more than forty years he has been well ac- quainted with the late Richard Whitney (a Revolutionary Pensioner) and Ruth Whitney his wife, who now makes application as the widow of said Richard for a pen- sion under the acts of Congress granting Pensions to the widows of Revolutionary soldiers in certain cases, That this deponent was formerly well acquainted with two brothers their wives & families of the said Richard, & also with the Father Mother & two brothers with their families of the said Ruth, That the said Richard & Ruth with their four children resided many years neighbor to this deponent previous to their removal to the present residence of the said Ruth in Chautau- que, and this deponent never heard it disputed either by the relatives or neighbors of said Richard & Ruth but what they were married, and that, previous to the birth of their children, and it has always been spoken of as so to have taken place. That this deponent has also been well acquaint- ed with the said Richard & Ruth since their removal to Chautauque which took place in 1820 or 1821. That deponent went with his team & assisted in said removal from said Westmoreland to Chautau- que, & that said Richard & Ruth have since been at the residence of deponent, and this de- ponent has visited & corresponded with their family at their present place of residence.

and this deponent further says, that he has for all of said period of forty years & over been well acquainted with the four children of the said Richard & Ruth viz. Henry, Eliza, Thomas & Richard Junr , and has in all said acquaintance known the ages of said four children.
The said Henry eldest son lacked but a few days of being four years older than this deponent, (deponent was born the 30 th day of December 1789) deponent not only recollects the age of the said Henry from his own age but also from the fact that said Henry was a few weeks older than deponent's eldest sister Amanda who was born March 16 th 1786. said Henry who died on the 6 th day of March last was sixty one years of age, & his birth must have taken place in the fore part of the year 1786.
Deponent further says, he has during all said period been well acquainted with, and known the age of Eliza (now Eliza Kibbe) only daughter of said Richard & Ruth, that she was a few days more than a year older than this deponent, that her age was spoken of at the time of her marriage to said Kibbe deponent being at the marriage. said Eliza is therefor fifty eight years of age and was born the latter part of the year 1788.
Deponent further says he has for all said period aforesaid known the age of Thomas, second son and third child of said Richard & Ruth, and that said Thomas was a few weeks less than two years younger than deponent, he died a few years since, but if living he would have now been fifty five years of age & birth was in the fall of 1791.

Deponent further says that he has long known the age of Richard sum third son & youngest child of said Richard & Ruth, that he is a few months more than five years younger than deponent, he is also almost five years older than deponents youngest sister Adeline who was born April 25 th 1800. said Richard he is now about fifty two years of age and was born near the middle of the year 1795. and further this deponent saith not.
Sworn and subscribed this 12 th day of July 1847 before me and certify that the said Pomroy Jones is a creditable witness
Pomroy Jones
Malachi Ellis J. P.
State of New York.
Clerks Office of Onondaga County ss. I, Patrick Mahon Clerk of the said County certify, that Malachi Ellis Esquire was on the 12 th day of July A.D. 1847 a Justice of the peace in and for the County of Onondaga duly elected and qualified to act as such: and that the signature above written purporting to be that of the said Justice is genuine.
In testimony whereof I have hereunto affixed my Official Seal, which is the Seal of the County of Onondaga & subscribed my name July 14 th 1847 Patrick Mahon Clerk

From a long acquaintance with Judge Jones I can testify most fully to his high reputation and character. He has for many years been County Judge of the County of Oneida, and discharged the duties of that Office with entire satisfaction to the Public: and whether as a Public character or a private individual is known as a gentleman in whose statements, and veracity, the most implicit confidence may be placed. Dated at Attica July 14 th 1847.
Patrick Mahon Clerk of Oneida County

John Gilchrist afft
Samuel A. Brown
James Loun
Charles W. My

Saratoga County
I John Gilchrist of the town of Charlton in said County being duly sworn doth depose and say, that he has resided in the town of Charlton aforesaid for about fifty one years last past, and has been intimately acquainted with John Rogers Esq & William Brown also of said town for about forty eight years & know them to be men of good moral character & men of truth and veracity of sterling integrity, & further saith that John Rogers aforesaid has been elected as member of assembly at two different times from the county of Saratoga and in whose words I have the fullest confidence
Subscribed and sworn to
before me this 7th day of October 1848
E. Smith a Justice of the Peace
John Gilchrist
State of New York, Saratoga County, ss. Clerk's office
I, Certify that John Gilchrist whose name is subscribed to the foregoing certificate was Judge of the Court of Common Pleas of said County that he was duly qualified as said Judge on the first day of March, 1838, and continued to discharge the duties of said Judge until the 31st day of June, 1848. And as I am well acquainted with the handwriting of the said Judge, and well knew that his signature to the above is genuine
In Testimony Whereof, I have hereunto set my name & affixed the Seal of said County this 14th day of October 1848
James W. Norton of the County of Saratoga

State of New York, } ss. Saratoga County Clerk's Office. }
I, JAMES W. HORTON, CLERK OF THE COUNTY OF SARATOGA, do hereby certify, That E. P. Smith whose name is subscribed to the annexed instrument, is a Justice of the Peace of the county of Saratoga, dwelling in said county; duly qualified Justice And that I am well acquainted with the hand-writing of the said Justice and verily believe that his signature to the annexed instrument is genuine. And that said instrument is executed and acknowledged according to the Laws of the State of New York.
IN TESTIMONY WHEREOF, I have hereunto set my name, and affixed the Seal of said County, this 14 th day of October in the year 1848. James W Horton CLERK.

No 6.943.
May 18/47
acted upon
Relative Care of John Ashton, for increase Invalid Pension handed to Comm.
discharge of Ruth Whitney.
Sara Brown Hamorton N.S.

Sarnestown, N.Y. May 12. 1847- Hon J. L. Edwards -
Sir - Enclosed I send you the petition and accompanying papers in the case of John Ashton for an increase of pension.
He is on half pay, his certificate is dated June 11. 1835, number 1464. If the War office is governed by the same liberal and just princi- ples as would be indicated by the opinion of Richard Rush Atty. Gen. sanctioned by A. J. Dallas in 1815 (V. Doc. of Ho. of Reps. No 118 of 1818. & Ser 126 of 1840. p 29 & 30) I have no doubt but that Mr Ashton will succeed as he certainly ought to.
Ashton I have known for many years, and I know him to be poor, honest, and temperate - He is now completely deprived of the use of his right arm, and it is as useless to him as though it had been shot off by a common ball - If this had been his misfortune, I suppose there would be no doubt but that he would be pensioned at full pay -
I hope his papers will be attentively examined, and that he will receive from his country
taken out

that patience which he needs, and justly merits -
I also send the papers of Ruth Whitney for a Reunion - I send her husband's certificate which I suppose is evidence that he died - She went before the court at the April term, and her declaration was made, and her sons affidavit taken. The affidavit of the town clerk of Senot Mass: was then produced, to show that there was no record to be found of the marriage, and the court well knowing the character of Mrs Whitney and her son for truth and veracity certified that they believed her to be entitled to her pension - Since that time I have procured the affidavits of Mr Dennis Wilson & Mrs Sarah Magen, & fastened them to the for- -mer affidavits, and the clerk of our county has certified as denied on the 6th of April -
Yours very Respectfully Samuel A Brown

FREE
Hon Secy of War City of Washington
60 mm

No 6.943.
May 18/47
acted upon
Relative Care of John Ashton, for increase Invalid Pension handed to Comm.
discharge of Ruth Whitney.
Saml A Brown Jamesstown N.H.

July 30 1847
Add: to Ruth Whitney
Free
Hen: L. L. Edwards Clerk of Pensions Washington

Jamesstown July 23. 1887
Hen. J. L. Edwards.
Sir
England is an additional offer to the care of Mrs. Nettie Whitney, to prove the date of her marriage with Richard Whitney.
The proof of the demise of her husband I under- stand to be satisfactory.
Yours Respectfully
Daniel Alborn
W. C. Alborn