Revolutionary War Pension and Bounty Land Warrant Application File S. 7825, Elijah Waterman, Conn.

SERVICE
NUMBER
Conn.
Waterman, Elijah
S 7825
CONTENTS
carded

14365 19721
New York
Elijah Waterman
Columbia in the State of New York who was a private in the Company commanded by Captain Lathrop of the Regt. commanded by Col. Peary in the Chama line 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 21 day of May 1833 and sent to Jas. Rowley Hudson
Arrears to the 14th of March 1833 $60.00 Semi-ant. allowance ending Septm 15.00
$75.00
{ Revolutionary Claim, Act June 7, 1832. }
Recorded by W. L. Williams Clerk, Book E Vol. 4 Page 37
Letter to John Fleming Sept 2 1834
" " Pensioner " " 20. 1831 " " " Nov. 3 1834 " " " Oct. 2, 1837

Application of Elijah  Waterman for Pension
James Rowley Hudson v 93
19721 ✓

State of New York
County of Columbia ss On the Fifth — day of September 1832
personally appeared before the Justices of the Justices Court of the City of Hudson (now sitting) Elijah Waterman, a Resident of the City of Hudson County and State aforesaid. Aged Sixty Seven years last October. 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 th 1832.
That he was Born in the Town of Norwich in the County of New London and State of Connecticut on the 27 th day of October 1764 according to his Father's Family Records. which said applicant has now in his possession.
That he entered the service of the United States under the following named officers, and served as herein stated.
That in the Spring of the year 1782 there was a draft of the Militia in said town of Norwich and that after such draft said applicant volunteered and went as a substitute for one Jabez Peck of said town and marched under the command of Capt. Ebenezer Lathrop to Fort Griswold at Groton. Col. Parsons Commander & Col. Sedgwick was there also said applicant stayed here at least five months. then removed across the River Thames to New London. under the same Capt. Lathrop, and was there at the time when the British forces, commanded by Traitor Arnold, landed and came in and burned New London, and retreated out of the town when the enemy came in too strong. and as soon as the British began to retreat we pursued them down near the Light House where they took to their shipping. at this time Col. Joshua Huntington came down to New London from Norwich with the Militia, from that place. and Capt. Frederick Huntington came in with his Company of Artillery. the town of New London was yet burning when they came in. but the enemy had got out of their reach on board their shipping. said applicant was in and about New London on that day not less than three or four months. then returned home to Norwich & stayed there two or three days. then volunteered to go to New London again and went under command of Capt. Jabez Hovey, and continued there to watch the enemy as he and many others went in consequence of a threat as it was said, made by Arnold, that he intended to land, and go and burn the town of Norwich and his uncle's property in said town. whose name was Dea. Joshua Lathrop. with whom said Arnold formerly lived as a Clerk in an Apothecary's store. said applicant stayed here & out on actual duty four weeks or near as he can recollect, as he has no documentary evidence to produce, or written discharge, can only state from his best recollection, and that said applicant served

the United States, in doing military duty at least nine months, and for such service Claiming a Pension
That he Retired to the town of Norwick and Resided there until the
Year 1785 then Removed to the City of Hudson in the County of
Columbia State of New York, and has ever since Continued, as
Resident Inhabitant, of the County of Columbia aforesaid.
Said Applicant knows of no living witness, by which he can prove any of his services, therefore must rely upon the testimony of some of his neighbors, as to his being entitled to credit, of whom some are the following
names of persons who have long known him, Peter Merick, Stephen Miller, John M. Shoemaker, Jehoshua Kim, A. Van Kalkenburgh, post master, John S. Miller
Asst. first judge of the Court of Common Pleas for the County of Columbia
Joseph D. Monell, Esq. Clerk of said County, James Rowley, Merchant
He hereby relinquishes every Claim whatever to a pension or annuity except the present, and declares that his name is not on the Pension Roll.
of the agency of any State Elijah Waterman
Sworn & Subscribed the day & Year above mentioned
I John S. Miller first judge of the Court of Common Pleas in and for the County of Columbia, do hereby certify that I am well acquainted with Elijah Waterman who has subscribed and sworn to the within declaration, and have been, for upwards of thirty five years, and that I believe him to be a man of truth and veracity, and his statement entitled to full credit
John S. Miller
Sworn & Subscribed the the day & Year first above mentioned
McClurg Jus Peace
I James Rowley do hereby certify that I am well acquainted with Elijah Waterman who has subscribed and sworn to the above declaration, that I believe him to be 67 years of age, as he states that he is reputed and believed in the neighborhood where he resides to have been a soldier of the Revolution and that I concur in that opinion.
James Rowley
Sworn & Subscribed this 5th day of Dec 1832
before me McClurg Jus Peace

Columbia ss. I Joseph D. Monell Clerk of the County of Co- lumbia do certify that I am well acquainted with Eli- jah Waterman who has subscribed & sworn to the within declaration, that I have been so acquainted with him more than thirty years and have during all that time lived within a few miles of his residence and that he is a man of truth & veracity & entitled to full credit. I further certify that I have repeatedly & many years since heard him say that he was a soldier in the revolu- tionary war, stationed at New London, and believe he was a soldier of the revolution & performed the duty stated in his declaration.
Sworn & subscribed this 3rd day of Dec 1832 J. M c Caughey Jr. Puer
J. W. Monell
And the Said Court do hereby Certify & Declare their opinion after — investigating the matter, and putting the Interrogatories prescribed by the War- Department, that the above named applicant was a Revolutionary Soldier, and served as such States and the Court further Certifies, that it appears to them that John D. Miller who has signed one of the foregoing Certificates, is the first Judge of the Court of Common Pleas for the County of Columbia. James Rowley, who has signed the next is a Merchant in the City of Hudson, and that Joseph D. Monell is Clerk of Said County of Columbia, all Well Known to the Said Court to be Credible persons and entitled to Credit.
J. M c Leay Wm R. Macy
Justices of the Justices Court of the City of Hudson
I John D. Parker Clerk of the Justices Court in the City of Hudson do hereby Certify that the foregoing contains the Original proceedings of Said Court, in the matter of the Application of Elijah Waterman for a Pension — In testimony whereof I have hereunto Set My hand and Seal of My Office this 7th day of December 1832.
John D. Parker Clerk

(100.17.121) Elijah Waterman Columbia County New York
admitted.
9 mo. Private.
Wife for 5 mo in the Militia - Col. Ledyard Not living in 1782
James Rowley. Agt. Columbia County Hudson P.O. New 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 subjjoined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will shew what is necessary to be done. 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 Elijah Waterman Columbia County N. 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.     Pub. 1782 Salut. Pacts not 2000 in all 9 Private Capt. Lathrop Capt. Hunting Lt. Capt. Foyde Col. Pearson Col. Selyard Lt. Hunting Lt. to Fort Ginnold at Ginnold River Thames New London 67 years New London County Connecticut Traditionary   28 do  
I am, respectfully,
Your obedient servant,
J. L. EDWARDS,
Commissioner of Pensions.
+ He drafts for 5 months in the Militia - Col. Ledyard killed in 1781 - [illegible] - [illegible] years of age?

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?  6. { 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.
[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.

Rev War
7825
INVALID.
File No. 7825
Elijah Waterman
Am Rev War
Act: June 7 th 1832
Index:—Vol. 16 , Page 292
[Arrangement of 1870.]

My E. Waterman
Hon.
R. McCallan N.Y. Ho. Rep
7

State of New York Columbia County ss. Elijah Waterman of the City Hudson in said County being duly sworn says that in order to sustain his claim for a Pension he has been diligently engaged in trying to get some person who knew of his services as a Soldier in the revolutionary war, but has not been able to find any one living to confirm his statements as set forth in his former affidavit, in applying for a Pension, upon which he received a Certificate, since suspended for some further explanation, he further says that in relation to the term of his actual service in performing Military duty in the Revolutionary War was correctly stated in his former affidavit or petition as nearly as he can possibly recollect, also the names of the officers therein stated which were as he now recollects Capt. Lathrop under whom he first went as a substitute for one Jahiel Root who as he understood was drafted & stayed the full time of the Draft as such substitute & then stayed as before stated, all the residue of the time therein stated as a Volunteer, but cannot now state distinctly the precise time of each Period of Service - He further says that he served under Capt. Hyde & no other, except the above mentioned Capt. Lathrop. The Col. Commanding at Fort Griswold, was Col. Ledyard, & the Col. Commanding at New London was Col. Parsons. He further says that he distinctly recollects of having seen the body of Capt. Richards who was killed at the surrender of Fort Griswold after it was brought over the River to New London; He further says that he saw & knew Genl. B. Arnold, the same day that New London was burned by the British - Arnold rode up near the upper Church on the Hill & then, soon retreated back to the Shipping. He further says that he is confident the terms of his actual service put together could not have been less than eight or nine months; and he further says that the services rendered by him were in the same year in which New London was burned, as he was there at the time; if the statement heretofore made by him respecting the time of his actual service differed from the present it was an error which was was committed in the drafting of his affidavit or declaration, but as to the time of year in which he performed the actual service before mentioned he is not mistaken. -
Subscribed & sworn to this Elijah Waterman thirty first day of July 1837 Before me - James Rowley Commissary

Elijah Waterman
Mr. Department Washington City
J. J. Edwards Esq.

Dear Sir. Mr. Elijah Waterman Called upon me a few days Since, saying, that the payment of his pension was suspended, or ordered to stop. I advised him to write to the Secretary of War, and ascertain the Reasons for such order. he has received an answer, which he shewed to me I there perceive the reasons assigned, are, as he alleges in his declaration that in 1782 he Served at Fort Griswold, under Col. Ledyard about five months as a Substitute for Jahiel Peck, who had been Drafted &c. and that he continued in Service under Capt. Lathrop about three months longer at New London, and the objection to that Statement is, that there were no such drafts in the militia for five or eight months, and that Col. Ledyard was not in Service at that time - and that it will be necessary in order to Sustain his claim, that he produce Satisfactory evidence in Support of it. Mr. Waterman Called upon me to assist him in making out, or drawing his declaration, when he applied for his pension Certificate - after his giving me a full relation of his Services. I told him he was undoubtedly entitled to a Pension and could get it, to which, at his request I drew up, or wrote his Declaration, and as to the Draft, I believe, that neither he, nor I intended to be understood, that there was a Draft in the militia for either five or eight months. But that he went as a Substitute for one Jahiel Peck and did actual duty in the Service of the United States, as therein stated, as to his Services as stated by him, in that Declaration I am well satisfied there can be no mistake - and as to the Year, in which he did said duty, he could not distinctly recollect, but upon his relating the story to me I took up a small historical sketch of the Revolutionary War which I had, and in looking at the Period, or year in which the facts as stated by him, or the event that happened at Fort Griswold, and New London, in that Book it appeared to have been in 1782 and so I put it down according to that Statement, which appears to have been an error in the print - as I have since he received his answer, and shewed it to me, examined the same Book which is as stated (1782) and so it happened, unfortunately, that the mistake occurred - there was in truth nothing knowingly, or intentionally -

wrong in his Statement, but I believe altogether an error of my own, for which I must acknowledge that I ought to have been more particular and put the year 1781 instead of 1782, for I believe that was the year in which he performed the duty as stated by him.
Elijah Waterman is a man of as good standing in Society as any other man in our Community - age and infirmity has almost worn him out, but his Standing in Society in this place where he is known is good and far above Suspicion - which can be established by men of the first respectability and Standing in the County - if any thing farther is required than this explanation in order to sustain his claim I cannot but indulge the hope that you will let me know - and every thing that can be, shall be done to satisfy as to the purity of his intention and statements. I am well satisfied that the most important part of the substance of that Decla- -ration as made by him (his services) is true. And if any affidavit as to facts mentioned in this statement is ne- -cessary - I will make one and send it on, or any thing -tantly or in my power - which may be advisable - I am your Obedient Servant.
Hudson Columbia County N.Y.
October 6 th 1834.
S. L. Edwards Esq.
James Rowley -