Revolutionary War Pension and Bounty Land Warrant Application File R. 6611, for Moses Mc Carthy, New York

SERVICE
NUMBER
New York
McCarthy, Moses
R. 6611
CONTENTS

24. 5. 47.
Moses McCarthy Tioga Co New York
J.
E. Shoemaker Agent Nichols. Tioga Co New York

WAR DEPARTMENT,
Pension Office,
June 5 1833
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 Moses McCarthy. Tioga Co. New York.
   Period when the service was rendered. Duration of the claimant's service. Rank of the claimant. Names and rank of the Field officers under whom he served. Age at present, and place of abode when he entered the service. Proof by which the declaration is supported.   Years. Months. Days.     May 1778 " 4 " Priv Col. McCray Capt. Dunham 75 years Saratoga Traditionary   Apr 1779 " 5 " " Col. Capt. Dunham 60 N. York   Apr 1780 " 4 " " Col. Capt. Dunham   May 1781 " 3 " " Same Officers  
I am, respectfully,
Your obedient servant,
J. L. EDWARDS,
Commissioner of Pensions.
It cannot readily be admitted that the above service is insusceptible of proof, and the regulations require applicants to furnish the best they can obtain.

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) _____, who has hereby certify, that we are well acquainted with _____, who has subscribed and sworn to the above declaration; that we believe him to be _____ years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.
Sworn and subscribed the days and year aforesaid.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that A. B. who has signed the preceding certificate is a clergyman, resident in the _____ and that C. D., who has also signed the same is a resident in the _____ and is a credible person, and that their statement is entitled to credit.
I, _____ Clerk of the Court of _____ do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of _____ for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this _____ day of _____ &c.
Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction.
If such surviving witness cannot be found, the applicant will so state in his declaration, (l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his alleged service, as they are known at the Department. A very full account of the services of each person

will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.
The Court will propound the following (m) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.
 1. Where and in what year were you born?  2. Have you any record of your age, and if so, where is it?  3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?  4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom?  5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services.  6. { To a Soldier. { Did you ever receive a discharge from the service, and if so, by whom was it given, and what has become of it? { To an Officer. { Did you ever receive a commission, and if so, by whom was it signed, and what has become of it?  7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution. 
The Court will see that the answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant.
The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons—one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion. If one of these persons is a Clergyman, the Court will so certify, and they will also certify to the character and standing of other persons giving such certificates.
The traditional evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party. And the Courts are requested to be very particular in the enquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
Applicants unable to appear in Court, by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court.
Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the Peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature.
No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.
[a] The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance.
[b] The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not conforming to the rule.
[c] The age of the claimant must invariably be mentioned.
[d] The declarant must mention the period or periods of the war when he served.
[e] Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had. Every claimant must state, with precision, the length of his service, and the different grades in which he served, in language so definite as to enable the Department to determine to what amount of pension he is entitled. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service; but, according to the best of his recollection, he served not less than the periods mentioned below, and in the following grades:—For _____ year _____ months, and _____ days, I served as a _____. For _____ months and _____ days, I served as a _____; and for such service I claim a pension."
It is important, in all cases, to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months , is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state that they served two years in the militia, &c. without specifying the tours, the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must, in every case, be clearly shown under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
[f] The law makes the relinquishment indispensable.
[g] The opinion of the Court is always required.
[h] The Clerk must give his certificate in every case.
[i] The Clerk must affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he has no public seal of office, the certificate of a Member of Congress, proving the official character and signature of the certifying officer, should accompany the papers.
Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other papers authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
Proof of Service.
[j] In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses who are required to set forth in their affidavits the time of the claimant's entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
[k] The notes from [a] to [j] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in note [j] applies to continental troops only.
[l] This traditional evidence is indispensable in militia cases.
[t] If a witness cannot be found, the declarant must state the fact.
[m] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.
Joseph Rowen.

State of New York
Tioga County ss. On this 12 th day of April A.D. 1833, personally appeared before Elijah Shumaker one of the Judges of the Court of Common Pleas & general Sessions Moses McCarthy a resident of the Town of Nichols and County & State above mentioned, aged seventyfive years, who being first duly sworn according to law, doth on his oath make the following declara- -tion in order to obtain the benefit of the Act of Congress passed June 7 th 1832, That he entered the service of the United States in the Town of Stillwater Sara- -toga County and State of New York in the month of May 1778, under Hezekiah Dunham Captain and Lieutenants Philip Rogers & Abel Belknap, the Regiment commanded by Col. John McClay, and went to Fort Edward on the frontier where he served during the season four months, That in April 1779 he again entered the service at the place aforesaid under Capt. Hezekiah Dunham and marched to Schraalen Lake from there back to Fort Edward, That he continued in the service through- -out the season guarding the frontier from the depredations of the enemy and served five months during that year, That in April 1780, he entered the service again under Captain Dunham at Stillwater That the Company served alter- -nately one half two weeks & then the other half two weeks during the season and that he served at least four months that year, That in May 1781, at the same place under the same officers he served in the same way as the year before and served at least three months, making one year and four months that he served in the revolutionary war, In answer to the inter- -rogatories proposed by the War Department not included in the above, He states that he was born in Dutchess County & State of New York on the 19 th day of January 1758, that he has no record of his age, That he was living in Stillwater, Saratoga

County, New York, when called into service and continued there nineteen years after the war, moved from there to the Town of Malta in same County where he resided twentyseven years, and moved from there to Nichols, his present residence, that he was drafted sometimes, and volunteered at others into the service, that he was acquainted with Colonel Seth Warner and Captains Bates & Sherburne of the continental troops, that he has no documentary evidence of his service, and that he knows of no person whose testimony he can procure who can testify to his service, 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
That the persons to whom he could refer for proof of the general reputation and belief in the neighborhood of his residence in regard to his revolutionary services are Hon. Gamaliel H. Barstow Henry Dunham and Joshua Olmsted of the Town of Nichols, Tioga County, New York
Sworn & subscribed on the day & year aforesaid before
Moses W m Carthy
Elijah Shoemaker Judge Tioga Co.
We Henry Dunham and Joshua Olmsted residing in the Town of Nichols in the County of Tioga do hereby certify that we are well acquainted with Moses W m Carthy who has sworn to and subscribed the above Declaration, that we believe him to be seventyfive years of age, that he is respected and believed in the neighborhood where he resides to have been a soldier of the revolution and that we fully concur in that opinion
Sworn & subscribed the day & year aforesaid before E Shoemaker
Henry Dunham Joshua Olmsted
A Judge of Tioga Co.

Tioga county Pa.
I Elijah Shoemaker one of the Judges of the court in and for the county aforesaid do hereby declare my opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department that the above named applicant Moses McCarthy was a revolutionary soldier, and served as he states, and I do also certify that Henry Dunham & Joshua Olmsted who signed the preceding certificate are both respectable men residing in Nichols and that their statement is entitled to credit and that the applicant Moses McCarthy being very feeble and infirm cannot attend court. Elijah Shoemaker
State of New York
Tioga county Pa. ss
I Green M. Guthill clerk of the said county do hereby certify that Elijah Shoemaker Esquire whose name is subscribed to the preceding declaration affidavit &c. was on the day the same purports to have been taken a Judge of the courts of said county, and that I am acquainted with his hand writing and verily believe the several signatures to be his hand writing as above subscribed, In testimony whereof I have hereunto set my hand and affixed the seal of said county this 13 th day of April 1833.
Tioga county Pa.
Green M. Guthill
We Horace Ayres a clergyman residing in Nichols and Gamaliel H. Baartone of the same place both of Tioga county, New York. Do hereby certify that we are well acquainted with Moses McCarthy whose declaration sworn to and subscribed by him on the 12 th day of April A.D. 1833, is annexed. That we believe him to be as therein stated seventyfive years of age. That he is respected and believed in the neighborhood where

he resides to have been a soldier of the revolution and that we fully concur (with Henry Dunham and Joshua Olmsted) in that opinion Sworn & submitted this 19th day of June 1833. Before E. Shoemaker Judge.
Horace Soper J. H. Barstow
Tioga County ss. I Elijah Shoemaker one of the Judges of said County do hereby affirm & certify that Horace Soper who has signed the preceding certificate is a clergy- man residing in Nichols, & that Gamaliel A. Barstow who has signed the same is also a resident of the same place, and that their statement is entitled to full credit and belief.
Elijah Shoemaker
State of New York
Tioga County ss. I Green M. Tuthill clerk of the said County, do hereby certify that Elijah Shoemaker Esq., whose name is subscribed to the above affidavit and certificate was on the day the same purports to have been taken a Judge of the Courts of the said County, and that I am acquainted with his hand writing, and verily believe the above signatures to be his hand writing. In testimony whereof I have hereunto set my hand and seal of Office this 22nd day of June 1833.
Green M. Tuthill Clk
E. Shoemaker Judge
2454 Nichols Tioga, N.Y. Horace M. Soper

Acts of July 14, 1862, and March 3, 1873.
REJECTED
Co. 11.
P. O.
Moses W m Carthy
Service:
Enlisted: _____, 18
Discharged: _____, 18
Application filed: _____, 18
Alleges: _____
Re-enlisted: _____
Attorney: _____
P. O. _____
_____ Recognized. _____ Contr
_____ Cert. of Dis. Searched for _____, 18

Moses McCarthy
Mar 18 1832
Hon. J. P. Waldo
FREE
Com. of Peace
Washington
D.C.

March 19. 1853
Rel. to claim of Moses McCarthy (now deceased)
Gen. G. Smith R.H. Lyman Lucas of Pinedale Washington St.
FREE

Rev.
Act. 7. June 1852
Suspended
Moses M. Cartwright N.Y.
See letter to
E. Shoemaker
Nichols
Well N.Y.
Oct 29. 1853
R. H. Tyler 21 June 1854.
A. Joy Nov 28. 1854
1832

Moses Mc Carthy applied law '32 from N. York
from Brad Joy
I have several letters from the Department in this case

Fulton N. Y. 15 th Feb 1853
Dear Sir,
In the year 1832 Moses McCarthy then of the town of Nichols, Tioga Co. N.Y. a revolutionary soldier, filed his application in your office for a pension, but for some cause or other it was rejected or sus- pended. The old gentleman died in 1834 without ever receiving his pension having no widow but six children. Will you have the goodness to examine the papers & inform me what was the defect in the papers which were submitted as the basis of Mr. McCarthy's now desire to make ap- plication for the pension. Can you also send me a form for the application for the pension on behalf of the heirs? If you will give me the information above desired & if convenient to the form referred to I will be greatly obliged. I understand that there was also an act passed at the last session in regard to Bounties due to the soldiers of the war of 1812 - if so I would like a copy of it provided you have them for distribution. Please let

my dear friend you at your earliest con- venience
Very truly Yours, etc. not
P.W. Tyler Fulton N.Y.
Hon. Emma Pillsbury Washington D.C.

Ovid N.Y. Nov 20 th 1854
Sir
I have yours of the 19. March 1850 in the case of "Moses Carthy" the name is "Moses Mc Carthy" please give me a copy of the alleged service of Moses Mc Carthy who applied under the law of 1832 from Pa, but possibly from New York
Most respectfully Your Ob st Servt Abad Joy
Hon L.P. Waldo Comm r
Post
N.B. Will you please inclose to me one of your Congressional directories now out of use for you, the one of last winter, Session of 1854

BOUNTY LAND WARRANT RECORD CARD*
NAME McCarthy, Owen GRADE Private LINE Pennsylvania
WARRANT NUMBER 10,078 ACREAGE 100 ISSUED June 4, 1789 To not shown
*The information concerning the issuance of warrants carded on this form is found in volumes 2 to 4 of "Land Warrants Issued Prior to 1800" which are registers of bounty land warrants issued to non-commissioned officers and privates under congressional resolutions of September 16, 1776, and subsequent dates. Other records relative to the applications for warrants appear to have been destroyed in the War Department fire of November 9, 1800. Information concerning warrants surrendered to the Federal Government is to be found in General Land Office records in The National Archives.

BOUNTY LAND WARRANT RECORD CARD*
NAME McCartney, Dennis GRADE Private LINE Pennsylvania
WARRANT NUMBER 10,047 ACREAGE 100 ISSUED May 9, 1791 To — not shown —
*The information concerning the issuance of warrants carded on this form is found in volumes 2 to 4 of "Land Warrants Issued Prior to 1800" which are registers of bounty land warrants issued to non-commissioned officers and privates under congressional resolutions of September 16, 1776, and subsequent dates. Other records relative to the applications for warrants appear to have been destroyed in the War Department fire of November 9, 1800. Information concerning warrants surrendered to the Federal Government is to be found in General Land Office records in The National Archives.