Revolutionary War Pension and Bounty Land Warrant Application File S. 13596, for Ezekiel Kent, Massachusetts

SERVICE
Mass.
Kent, Ezekiel
NUMBER
S 13596
carded
CONTENTS

14673
Ezekiel Kent Courtland county New York
advised
5.11-12-16-14 May 9 th 1893
P 385
Joseph Emerson Tuxton N. York
REMARKS ON THE ABOVE OF the 2nd trip since 1883. in the year of

BRIEF in the case of  Ezekiel Kent  of  Cortland co.  in the State of  New York  (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge? court  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?  3. How old is he? 71  4. State his service, as directed in the form annexed. 
   Period. Duration of Service. Rank. Names of General and Field Officers under whom he served.   Years, Months, Days.     Drafted In 1777 3 Private Gen. Nixon Capt. Morgan , Col. Woodbridge   Enlisted 1778 8 or 9 Capt. Carpenter , Col. Wood   do 1779 3 Capt. Ely , Col. Brown  
 5. In what battles was he engaged?  6. Where did he reside when he entered the service? Hampshire county, Massachusetts.  7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls? traditional  8. Are the papers defective as to form or authentication? and if so, in what respect? 
Not connected as required
I certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
J. S. Bradford.
Examining Clerk.

Pickel Kent

B-kest
2 kest decl ✓ 14573 ✓
Adm d 14 mo. feri $46.66

State of New York } ss Cortland County }
on this 3 rd day of October 1882 personally appeared in open court before us the the undersigned judges of Common Pleas now sitting Ezekiel Kent a resident in Saugertown County & State aforesaid aged 77 years who being first sworn according to law doth on his oath make the following declaration in order to obtain the benefit of the act of Congress passed June the 7 th 1882 that that he entered the service of the United States under the following named officers & served as hereinafter stated That in the year 1777 he lived in West Germantown Springfield Hampshire County State of Massachusetts that some time in August of that year as near as he can recollect he with many others of the same town were drafted for three months & put under the command of Capt John Morgan of the same town, that he soon after marched with the company for Stillwater on the North River to oppose General Burgoyne that before they arrived at Stillwater were met & ordered to Bennington, but the battle at that place was over before we arrived he thinks they joined their regiment at Bennington commanded by Colonel Woodbridge of Hadley Massachusetts from Bennington they marched again for Stillwater and being hurried on by express marched all night & arrived at General Gates Headquarters about daylight a few days previous to the battle in which Generals Arnold & Lincoln were wounded & accompanied them to the Hospital, that the next day after burying those that had died with their wounds were ordered to pursue the enemy that they overtook them at Saratoga meeting House where a few shots were exchanged & night coming on the firing ceased that the next morning they were ordered to storm the enemies works, but the fire of the enemy being such that they retired back to a low piece of ground & when night came on we retired to Schuyler's mill That after Burgoyne was taken they guarded him to Lansdowne from thence they marched for the White Plains went through Albany & down on the west side of the river of the river to a Dutch Settlement near opposite Claverie, where he was taken sick with the long fever & was a long time there confined & has there the

Regiment left him & pursued their march for the White Plains.
That he was confined for a long time but so far recovered that a friend of his came after him to carry him to his home in Great Barrington & was helped into the wagon as he could not walk that he was taken with a relay in the road & left at Stephentown where he remained until about the first of January before he could be got home & that it was a long time after before he could attend to business.
That in the year 1778 still living in West Springfield he thinks in May he enlisted for eight or nine months under Capt. Carpenter of Springfield Massachusetts & marched for White Plains through Suffield, Litchfield & Danbury to White Plains where he joined his regiment commanded by Colo. Wood of Berkshire Mass Schuyler, General Mifflin's Brigade, the main Guard was left about 8 miles below towards Kings Bridge had no real engagement, some skirmishes with patrolling parties, was some times on foraging parties from White Plains the army moved to Bedford from there to winter quarters at Fishkill or Poughkeepsie & built barracks at which they worked all winter & in the latter part of March were dismissed he thinks without any written discharge.
That in the year 1779 he thinks some time in June still living in West Springfield he again enlisted for three months under Capt. Ely Colo. John Brown's regt & not long after marched with his company for German Flats on the Mohawk river through Great Barrington to Albany where they joined the Regiment, thence through Schenectady to German Flats where they were stationed, that they guarded several times boats bound up the river with provisions for Fort Stanwix & several times were fired on by the Indians, they also guarded the Ditch farmers that they might get in their harvest, that they fired on by the Indians near the Little Falls & one man killed that after the harvest was in they were stationed at a small fort in Stone Arabia from which Colo. Brown was diverted not by a stratagem of the English, & that after marching about 2 miles were fired on by the enemy in ambush when Colo. Brown & Capt. Ely were killed & about half the Regiment the rest made their retreat to the fort as well as they could to the fort the enemy following them came up near the fort but soon retired & destroyed by burning & otherwise all that came in their way, that after burying their dead.

serviced them but would not over take them & returned to the fort & not long after were dismissed he, thinks, without any written discharge
That he was born in West Springfield in the County of Hampshire State of Massachusetts in the year 1768 on the 28 th of March as recorded 8 th in his Father's Bible, which he has often seen that since the revolution he has lived in Leyden State of Massachusetts for eleven years & now lives in Franklin County of Connecticut
State of New York _____ That he has no documentary evidence of his services nor any person that can testify to them _____
That he hereby relinquishes every claim to a pension or annuity except the present & declares that his name is not on the pension roll of the Agency of any State _____ Frederick Hays & Hezekiah Hays
Draft of the Agency of any State _____ mounted with _____ in _____ of _____ David Dole & _____ in _____ who he believes can testify as to his character for veracity & of their belief that he was a soldier in the revolution from _____ subscribed this day & _____
Yours aforsaid
Joseph H. Smith
Samuel H. Holcomb & Clerk

State of Retheth } ss on the 20th day of September 1832 personally appeared Cumberland County } before me John H Ferguson justice of the peace in & for said County. Frederick Howe of Somerset County & State aforesaid & after being first duly sworn according to law testified & saith that he has been acquainted with Ezekiel Hirst for more than twenty years having lived in the same town with him in Massachusetts that he has there often heard him tell of his having been at Stillwater & Senatoga at the taking of Burgoyne & also of having been on the Mohawk River & fighting the Indians &c that he has lived for a number of years past in the town of Somerset with him in the same neighborhood & has often heard him tell the same story over that is believed in the neighborhood where lives that he has been a soldier of the Revolution & that he concurs in that opinion & believes his character to be that of veracity & also believes him to be seventy one
Frederick Howe
years of age
sworn and subscribed this 20th day of September 1832 before me
John H Ferguson (Justice)
I do hereby certify that I have been well and personally acquainted with the above named Frederick Howe for eighteen years past and have found him to be a man of strict moral honesty both considered honestly true & veracity and that he is universally esteemed as such in the community where he resides. Given under my hand at Somerset Sept. 21. 1832 John H Ferguson (Justice)
William Kent Brewster

State of New York Cortland County } ss. This eighteenth day of September one thousand eight hundred and thirty two personally appeared before me John H Ferguson one of the Justices of the Peace in and for said County. Ezekiel Round and made confirmation in due form of Law and say that he has been acquainted with Ezekiel Round for more than twenty years past as he lived in the same town with him in the State of Massachusetts and that he there has often heard him tell of being at Stillwater and Saratoga at the taking of Burgoyne and also of being on the Mohawk river and fighting the Indians and that he has for several years past lived in the town of Trompton and his neighbors of his and has often heard him tell the same stories over that it is believed in the neighborhood where he lives that he was a Soldier in the revolution and that he concurs in that opinion and believes his character to be that of veracity and believes him to be seventy one years of age. Ezekiel Round Solemnly affirmed and subscribed this 18th day of September 1832 before me (John H Ferguson Justice of the Peace)
I do hereby certify that I have been acquainted with the above named Ezekiel Round for several years past and that he is considered by community to be a man of good moral char- acter both as respects honesty truth and veracity and that I do cheerfully concur in the above statements. Given under my hand at Trompton September 18. 1832
John H Ferguson Justice of the Peace

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 Frederick Howe and Hezekiah Round of Truxton aforesaid who have signed the above certificate are residents in the said town of Truxton and are credible persons and that their statement is entitled to credit.
William Mather } Judges Richard Dickinson } of Cortland Aaron Brown } County Oliver Kingsman } Courts
Samuel Hotchkiss & Clerk of the Court of Common Pleas of said County of Cortland do certify that the foregoing contains the original proceedings in the matter of the application of Ezekiel Root for a pension and that John H. Ferguson Esq upon whom the affidavits of Hezekiah Round & Frederick How purports to have been sworn, was at the date of the same a Justice of the Peace in the Town of Truxton in said County & that I am acquainted with his handwriting and believe his mark subscribed thereto to the foregoing certificates to be his own proper handwriting and signature.
Witness my hand & seal of office this 3 rd day of October A.D. 1832
Samuel Hotchkiss A. Clerk

20.35A New York
Ezekiel Kent
of Connecticut in the State of N. York who was a Private in the Comp. commanded by Captain Morgan of the Reg. commanded by Col. Woodbridge in the Mass. line for H. Mass.
946
Inscribed on the Roll of N. York at the rate of 40 Dollars 66 Cents per annum to commence on the 4th day of March, 1831.
Certificate of Pension issued the 30 day of Aug. 1833 and due to J. Emerson Trustee
Arrears to the 4th of March 6933 Semi-ant. allowance ending 1/2/33 333 116.66
Revolutionary Claim, closed June 7, 1832. P. C. Stiles Clerk 64
Recorded by Book C, Vol. 4, Page

TREASURY DEPARTMENT,
SECOND COMPTROLLER'S OFFICE,
Sept. 26, 1853.
Sir:
Under the act of the 6th of April, 1838, entitled "An Act directing the transfer of money remaining unclaimed by certain Pensioners, and authorizing the payment of the same at the Treasury of the United States," and the third section of the Act of August 28, 1842, extending the time within which pensioners may receive their pensions from the Pension agents,
Ezekiel Kent one of the 9 children of Ezekiel Kent, dec.
a Pensioner on the Roll of the Albany Agency, at the rate of Forty Six Dollars and 66 Cents per annum, under the law of the 1 st June 1832 has been paid at this Department, from the 1 st of March 1847 to the 27 th March 1847.
Respectfully, yours,
20 354 act 32
J. M. Breakhead Comptroller.
To the COMMISSIONER OF PENSIONS, Present.

14673 Ezekiel Hunt N.Y.
5. 11. 12. 16-17
Joseph Emerson • Southington N.Y.

BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of Ezekiel Kent of Courtland co. New York which require further proof or explanation.
I. Does the declaration show where the applicant resides? yes II. Did the declarant make the declaration in the county where he resides? yes III. If the applicant did not make the declaration in the county where he resides, is there any reason assigned for his not doing so? IV. Has the declarant mentioned the period or periods of the war when he served? yes V. * Has he mentioned 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? No See affidavit VI. Has he given the names of the officers under whom he served, in conformity with the regulations? yes VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832? yes VIII. Has the Court given their opinion? yes IX. Has the Clerk given his certificate? yes X. Is the Clerk's seal affixed? And if so, has it a device or inscription by which it can be distinguished from any other seal? yes

XI. Has the applicant obtained the evidence of a clergyman and another respectable citizen as to their belief respecting his age and the general belief in his neighborhood relative to his revolutionary service?
XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it?
No clergyman in my county Ezekiel Smith
XIII. If the applicant has no documentary evidence, and has not obtained the testimony of at least one living witness, has he stated in his declaration that such proof cannot be had?
yes
XIV. †If the applicant's name is not found on the rolls of military service, has he produced a witness or witnesses as to his service?
If he has produced direct proof as to service, has the magistrate who administered the oath, certified to the credibility of the witness or witnesses?
Has the proper officer certified to the official character and signature of the magistrate as the regulations direct?
XV. Does it appear from any of the papers that the witness was in such a situation, or of such an age, as to have a personal knowledge of the applicant's service?
XVI. ‡Are the papers authenticated as the regulations direct?
No. See their condition
XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered?
2, 5, 7 for 2 nd see line 5 th from bottom of page for 4 th see 20 & 22 lines of page for 7 th see note & new Fridia Hais & Elizabeth order of court before sworn
EXPLANATORY NOTES.
* QUERE V. 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 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.
QUERE XIV. Proof of Service.
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 claimants 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.
QUERE XVI. 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 paper 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.
In every case where the clerk of the court, or other certifying officer, 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.
notes
declaration from top of declaration & note 1 in d o bottom of d o where the names of Rounds were introduced I say in private — Joseph Emerson also see J. Emerson affidavit & also for 5

Rev. War
✓ 13.596 INVALID.
File No. 13.596
Ezekiel Kent Priv. Rev. War
Act: June 7 th 1832
Index: Vol. 1 , Page 203
[Arrangement of 1870.]

8 Kent

State of New York } ss, on this 16th day of May 1833 personally Courtland County }
Before me John H. Ferguson Justice of the Peace in & for said County Ezekiel Kent of Franklin County & State aforesaid & after being duly sworn according to Law deposits & saith that by reason of old age & the consequent loss of memory he cannot swear positively as to the precise length of his service, but according to his best recollection not less than the period mentioned below & in the following grade, for one year & two months I served as a Soldier and if I am allowed for the time I was detained over the time of Service by detention or by sickness it would amount to one year & five months I served as a Soldier & for such service I claim a pension _____ that there was not any Objection in his vicinity was the reason he could not procure such Certificate Ezekiel Kent
Sworn and subscribed this 16th day
of May 1833 before me John H. Ferguson Justice of the Peace
State of New York
Calland County
Clerks Office
I Samuel H. Stockbridge Clerk of said County do hereby certify that John H. Ferguson Esq. before whom the above affidavit was made to have been at the time of signing the same a Justice of the Peace in and for said County duly Commissioned & sworn and that I am acquainted with his handwriting and truly believe his name subscribed to the above affidavit to be his own proper hand writing & signature Witness my hand & seal of Office this 21. day of May 1833 Samuel H. Stockbridge