Revolutionary War Pension and Bounty Land Warrant Application File R. 11737, Abner Wise, N.H.

SERVICE
N.H.
Wise, Abner
NUMBER
R 11737
CONTENTS

N o 14897
Abner Mice N.Y.
described
X
Chauncy Tucker
Fredonia
Cattaraugus Co
N.Y.
agent

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 subjunctive 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. 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, shewing the Service of Abner Wise of Cattaraugus Co New York
   Enlisted Period when the service was required. 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.     1777 3 Private Lieut Benj's Ellis & Ensign Joseph Day Lieut Moody Lieut Deuel Mays Capt Wm Scott Ensign Chabournelle Colo Scammel Joseph Gylla Genl Washington " Lee " Lafayette Colo Livingston Trenton Brandywine Red Bank S. Carolina N. Hampshire Ticonderoga So Fort Miller So Ticonderoga " Stillmuler " Saratoga " Cold Hill Pa. " Valley Forge " Montgomery " White Plains " Fort Tappan " Dunderberg " West Point " New Jersey " Newtown Conn. " West Point " Newbury " Soledad Fort " near Schuylkill Westminster In the Now States Vermont Aged 74   1780 1 5 Second Sergeant Capt Gilman Genl Sullivan  
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 he answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant.
The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons -one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion. If one of these persons is a Clergyman, the Court will so certify, and they will also certify, to the character and standing of other persons, giving such certificates.
The traditional evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party. And the Courts are requested to be very particular in the enquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
Applicants unable to appear in Court by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court.
Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature.
No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.
[a] The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance.
[b] The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not conforming to the rule.
[c] The age of the claimant must invariably be mentioned.
[d] The declarant must mention the period or periods of the war when he served.
[e] Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had. Every claimant must state, with precision, the length of his service, and the different grades in which he served, in language so definite as to enable the Department to determine to what amount of pension he is entitled. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service; but, according to the best of his recollection, he served not less than the periods mentioned below, and in the following grades:—For _____ year _____ months, and _____ days, I served as a _____. For _____ months and _____ days, I served as a _____; and for such service I claim a pension."
It is important, in all cases, to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months , is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state that they served two years in the militia, &c. without specifying the tours, the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must, in every case, be clearly shown under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
[f] The law makes the relinquishment indispensable.
[g] The opinion of the Court is always required.
[h] The Clerk must give his certificate in every case.
[i] The Clerk must affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he has no public seal of office, the certificate of a Member of Congress, proving the official character and signature of the certifying officer, should accompany the papers.
Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other papers authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
Proof of Service.
[j] In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses, who are required to set forth in their affidavits the time of the claimant's entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
[k] The notes from [a] to [i] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in note [j] applies to continental troops only.
[l] This traditional evidence is indispensable in militia cases.
[m] If a witness cannot be found, the declarant must state the fact.
[n] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.

Abner Wise
3 Years Regular Service as Private 17 Mo. Reg. Service as Sergeant
14897
N.B. all communications respect- ing the within application to be directed to
Chauncey Tucker Fredonia Chautauqua County N. York
Grand Island
On Rolls of Scammon's Regt Deserted 6 July 81-

State of NEW YORK Cattaraugus County p: }
On this third day of October A.D. 1832 personally appeared before the Court of Common Pleas of said County of Cattaraugus Abner Wise a resident of the town of Conewango in the said County of Cattaraugus aged seventy four 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 7, 1832 - That he enlisted in the Army of the United States in February in the year 1777, and served in the third Regt. of the Continental line, under the following named officers - That he does not exactly certainly recollect the name of the Captain who commanded the company in which he enlisted but thinks his name was Gregory Lieutenant Benjamin Ellis & Ensign Joseph Fay - That he enlisted at the town of Westminster in the now State of Vermont his then place of residence - That he marched with two or three others went directly to Charleston, New Hampshire where they were put under the care of an officer & marched with others to Ticonderoga when they joined the Regt. - That this enlistment was for three years - That he remained with his Regt. at Ticonderoga till about the first of May, at which time he exchanged places with a soldier by the name of Edo Church of the first Regt. and that the said Edo Church took his place in the third Regt. and he this deponent took said Church's place in the first Regt. when his name was entered as enlisted during the war - Col. Scammel commanded the third Regt. & Col. Joseph Cully commanded the first Regt. - That he was placed in Capt. William Scott's Company of the first Regt. Lieut. Moody

District 2 d State Munro - Ensign Chouteau - That he remained with the Company & Regt. to which he belonged until the American Army evacuated the place, that they then retreated to Fort Miller where they made a stand where they stayed about two weeks & then marched to Saratoga & from there to Still Water from there to Mahawk River & then continued till Burgoyne came near to Still- water when they marched back to Still Water where they stayed till Burgoyne retreated back to Saratoga where they pursued him - That he was in two battles with Burgoyne both of which took place on Bemus' Heights, one the battle  about the 19 th Sept & the other the 7 th Oct. - These battles took place previous to the pur- suit of Burgoyne back to Saratoga above mentioned - That he, with the Company & Regt. to which he belonged were present at Saratoga when Bur- goyne surrendered - That they marched from there to Albany Albany & from there to Fishkill where they continued a few weeks & from there to Cold Hill Pa. near Grimsontown & joined General Washington's Army & from there to Valley Forge where they put up for winter quarters, and remained till the next Spring, - When the British left Philadelphia for N York they pursued them & overtook them & had an engagement or battle at Monmouth N Jersey. That he was in the said battle at Monmouth & fought through the whole of it - At this time Genl Lee Commanded the Division, General La Fayette Commanded the Brigade & Col. Livingston Commanded the Regt. to which this deponent then belonged That he was still in the same Company that he left Vinde- roga in - That they marched from Monmouth to White Plains N York & from there to Hartford Connecticut, stayed a few weeks & marched to

for a fine weather & pleasant day Danbury Ct. where they took up winter quarters where they remained till Spring & went from there to West Point where he thinks they arrived in the month of May 1779 - That they left West Point in June (he thinks) and marched into New Jersey and remained about the Jersey Shore till in the Fall when they marched to Newtown Connecticut where they put up for winter quarters & remained through the winter - That in the year 1780. (in the month of February he thinks) he was appointed Second Sergeant in the Company to which he belonged and that he served as Sergeant during the remainder of the time that he was in the service which was as follows - That they left Newtown in the Spring of 1780 and marched to West Point & stayed a few weeks & then marched up the River to Newbury & from there they marched in pursuit of the Indians under General Sullivan into the Genesee Country N. York - That he served through that Campaign & then returned to a place called Soldier's Fortune near Peekskill where they put up for winter quarters & that about February 1781 he received a furlough & went Home to Westminster Vt. where he remained about thirteen months when he returned to his Company who were then at Saratoga under Command of Capt. Gilman, Capt. Scott having been raised to the rank of Major - That he still held the office of Sergeant in his said Company and served as Sergeant after his return about five months at Saratoga Saratoga when he received a furlough in the words following - "Sergeant Abner Wise is permitted to go to the State of New Hampshire on duty then to remain till called for." "(Moady District Court)" That he has lost the said furlough & does not recollect the date precisely - That Col. Dorrance was then in

Command but had gone away & left Dustin in Command - - That he was never called for
to go into the service after that -
He would further state that at the time he exchanged his plan from the third Regt. to the first Regt. with the Rev. E. D. Church, he did it by & with the consent of the Commanding Officers of both Regts. - He would here briefly recapitulate the length of time which he served - That he served three years as a private soldier, after which he served one year as sergeant when he left as a far- length & was absent about thirteen months - That he served as sergeant five months after his return & was on duty & bound to service when he received his discharge in the last part of the summer A. D. 1782.

He hereby relinquishes every Claim whatever to a Pension or Annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State Sworn to & subscribed the day & year aforesaid. } Abner Wise
Don Allon Senior Judge Andrew Mead }
And the said Court do hereby declare their opinion that the above named applicant was a Revolutionary Soldier, and served as he states
Signed Day } pages of Don Allon } said bond Andrew Mead
I John W. Staunton, Clerk of the Court of Common Pleas in & for the said County of Cattaraugus, do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Abner Wise for a pension
In testimony whereof, I have here- unto set my hand and seal of Office this third day of October in the year of our Lord one thousand eight hun- dred and thirty two —
John W. Staunton. CLK

Mr. Abner Wise, the applicant in this case, respectfully submits; that he ought to be allowed first, for his services as Sergeant in the same proportion as that service bears to two years & the balance, if any, is required to make up the two years, be taken from his services as private & joined with his services as Sergeant, is to be allowed for the quantity of private services required to make up two years, in the same proportion as that service bears to two years -
C. McKee, Agent

11.737
P. O. _____
Amir Wise
Service: _____
Enlisted: REJECTED , 18
Discharged: _____, 18
Application filed: _____, 18
Alleges: _____
Re-enlisted: _____
Attorney: _____
P. O. _____
_____ Recognized. _____ Con
_____ Cert. of Dis. Searched for _____, 1

Abner Wise
New York
Act 7 th June 1832
Rejected see let:
Per to C. Tucker
May 13 1833
Act of May 13 1833
1834
11737

Ann O. Hazelton
19 June 1834
O
Rec. Vol. 33. pa. 2.

War Dept Pension Off June 1934
Sir
I have the honor to forward you a pension Certificate for Amasa Luce computed for 6 mo. 13 ds as a private which includes all the service set forth in conformity to the regulations.
In reply to your enquiry respecting Abner Wise I have to state that his claim was rejected on 13 May 33 upon the ground that the records proved that he deserted 6 July '87 and no subsequent service reported which was communicated on that day to his att. C. Tucker esq.
Very truly June
Hon A. Hazelton