Revolutionary War Pension and Bounty Land Warrant Application File S. 22603, Hugh Workman, Penn.

SERVICE
NUMBER
Penn.
Workman, Hugh
S. 22603
CONTENTS

Pittsburgh Agency 26.186.
Hugh Workman of Washington in the State of Penn a who was a Captain in the Company commanded by Captain Ross of the Reg t commanded by Col. McIntosh in the Penn a line for
2 - No 1 Cav 8.32 3/4 5 - 1834 Inf try 13.66 27,90 $27.00
Inscribed on the Roll of Pittsburgh Agency at the rate of 27 Dollars 00 Cents per annum, to commence on the 4th day of March, 1834.
Certificate of Pension issued the 28 th day of March and June 10 1834, Rev. D. McKenna RR
Arrears to the 4th of March 81.00 Semi-ant. allowance ending 1 Sept 13.50 $94.50
Revolutionary Claim, Act June 7, 1832.
Recorded by J. S. P. ... Clerk, Book 6 - Vol. 5 Page 95
See letter to P. Agt. Sept. 26. 1835 See also to Hon. R. R. Kennon No 24/57
98

Declaration of Hugh Workman In order to obtain the benefit of the Act of Congress passed June 7 th 1832      State of Pennsylvania in Washington County. On this 4 th day of October A. D. 1833 personally appeared in open Court, before the Judges of the Court of Common Pleas now sitting, in a full and lawful capacity Hugh Workman a resident of the Borough of Washington in the County of Washington and State of Penn a aged Seventy three 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 Act of Congress passed June 7 th 1832. That he entered the service of the United States under the following named officers and served as herein stated
I first entered the service under Captain Joseph Agle & Lieut John Riggs in a company which served in M c Intosh's campaign Majors Dan l & Lieut. Capt. Rose and several other officers whose names I cannot now recollect had commands under Gen l M c Intosh in this Campaign. Gen l Broadhead was also in command in this expedition which consisted of upwards of one thousand men both Regular & Militia. The company to which I was attached was raised in Washington County Penn a and marched to Mouteux Bottom on the Ohio river 10 miles below Pittsburgh where we were joined by several other Companies of Militia. From this place after crossing the Ohio we marched to Beaver a small town on the Ohio which had been built by the French but was burnt down several years before our arrival at the place, I suppose it had been burnt down during the French War. We remained at this place about two months during which time we constructed a wooden fort 100 yds square, which in honor of our Commander was called Fort M c Intosh. After this Fort was

completed we were marched about 66 miles farther into the interior of what is now called the State of Ohio to the Puscara River where we constructed another Fort to which the name of "Puscara" fort was given; it was burnt down before spring by the Indians. After remaining a few weeks at Puscara we commenced our march homewards, scorching the Country as we proceeded until we arrived at Fort M c Intosh on our return at which place we recrossed the Ohio and marched directly home where we arrived between Christmas and New Year. On this Occasion I entered the service about the first of September 1778 and was out in this service three months and twenty six days , I was drafted and a private and was in no general battle during the whole term. On the next Summer I was on a scout against the Indians as a volunteer for six days , The Indians had made an incursion across the Ohio and Capt Williamson's Company of which I was a member volunteered and we pursued the Savages until they recrossed the River, we then returned home. On this Occasion we marched from Washington to Short Creek in Virginia, from thence across to the Ohio, at the mouth of Buffalo, where Wellsburg now stands and from thence home. We did not overtake the Indians in their retreat west of the Ohio. In August 1780 I was out as a volunteer against the Indians for fifteen days under the command of Capt Hossack. At this time we had that the Indians had fitted out an expedition against the frontier and were crossing the Ohio to this side. Our Company assembled and went to meet them. We marched from Washington to Van Meter's fort on Short

Creek, from the fort we went out on a scout towards the Ohio but the savages made their retreat across the Ohio without waiting to meet us, we then returned to the fort and remained there for about 15 days to protect the frontier and keep the Indians in awe, we then returned home
The 4 th time
I was in the service was as a volunteer under Capt. Harack in the summer of 1781. We heard that the Indians had made an attack on Rees Block house situated about 12 miles west of Washington, our Company was assembled immediately and we marched to the relief of the settlers who had taken refuge in the fort. The Indians had disappeared before we arrived at the block house, having killed and skulped only one man. We Staid at the block house a few days to protect the settlers from another attack and then returned home. On this occasion I served Eleven days =
The 5 th time I
went out a volunteer under Col Williamson in the month of Sept 1781. We heard that the Indians meditated an attack on the fort at Wheeling. We marched upwards of seven in number to the relief of the place and got there before the Indians had crossed the river, and they gave up the expedition. From Wheeling we marched to Grave Creek 12 miles below on the Ohio, and staid there all night & crossed the river next morning and came up on the Ohio side to Wheeling where we re-crossed it to this side and remained at the fort.

all night, and the next morning we commenced our march home, where we arrived after being out eight days , having traveled in that time 120 or 130 miles.
In the fall of 1780
I was on a an expedition through the State of Ohio under Col Williamson which lasted for twelve days . During which time the Company which consisted of 60 or 70 men, visited fort McIntosh on the Ohio and moved from there to the Moravian towns in Ohio where we took five indian prisoners and captured also a white man named Bull who passed among the savages for a priest. From the Moravian towns we returned home by the way of the fort at Wheeling.
In the summer of 1782 I was also out for two months in what is called Crawford's Campaign. I served for these two months in a company commanded by Captain William Leek and was a volunteer .
Col. Crawford was first in command Col. Williamson was second, Major Dan l Leek was third and then Capt s Leek, Bibberback, Beck & Rose & Paul and several others whose names I do not now recollect. We left Washington in the last week of May and rendezvous at the Mingo Bottom on the Ohio, where we elected our officers. From Mingo Bottom we marched to the Muskingum River to the lower Moravian town we then passed up said river to the upper Moravian town under the pilotage of two men named Lane and Slover. From the upper town we went directly to the Sandusky plains where the Indians myself and 13 others went out as spies to see if we could discover any traces of

the enemy we had not gone more than a mile and an half until the Indians showed themselves in the long grass and fired on us, and we retreated to the main body and gave the alarm that the enemy were coming. The whole command of Col. Crawford numbered 494 men including officers, I suppose the body of Indians by which we were attacked amounted to upwards of 1000 warriors. The battle commenced about noon and lasted until dark, and the silence of the night was also as easily interrupted by the discharge of the musket and rifle. We maintained our position to the evening of the next day when when we were commanded by Col. Crawford, for every man to seek his own safety and do the best he could for himself. About dusk we commenced our retreat without order every man taking his own direction, some towards home others in opposite directions. In the battle and retreat we lost 70 men or upwards among whom were Col. Crawford, Dr. McWright, and several other officers. This affair happened if I recollect aright on the 5 th and 6 th of June. Myself and five others who were all well mounted, were the first to reach the Ohio river having made it in five days others did not come in til the eighth or ninth day. Capt. Rose & Bean who were wounded also reached the river on the eighth day. I served on this occasion as a dragoon. I have no documentary evidence to prove my service but I do know of several persons living who served with me the affidavits of some of whom I intend to procure if possible and attach to this declaration. My Brother James Workman served with me in McKean's campaign and he is the only person living who I

Know of who was with me on that occasion he also knows that I was out against the Indians on other occasions William Wolf was also out with me once twice and he is yet living, Isaac Vance Angus McKay James Workman Robert Henery Andrew Vaneman & White & others are yet living who served with me in Crawford's campaign any of whom can prove my services on that occasion
I was born on the 19th day of Augt 1760 in Lancaster County Penn a I have now no record of my age when I removed west of the mountains I brought with me my father's family bible containing a record of my age but it has been destroyed or lost by some means or other When I was called into service I lived in Washington County Penn a where I now live and where I have lived ever since the Revolutionary Revolutionary War. The first occasion I was drafted and on all other occasions I have gone out a volunteer & never was a substitute - I never received a written discharge from the service
The following named persons have been acquainted with me from 30 to 50 years they can testify to my character for veracity and their belief of my services as a soldier of the Revolution The three Judges of this Court Th s Baird Boyd Mercer & John Hamilton Hon Th s M c Kean David Morris Alexander Reed James Shannon John Wilson Esq John Marshall together with many others and also those with whom I have served I know of no clergyman who I can procure who can certify for me as required by the War Department & the

whole Service which I rendered my country was as a private, I hereby relinquish every claim what ever to a pension or annuity except the present and declare that my name is not on the pension roll of the Agency of any State, Sworn and subscribed the day and year aforesaid Thomas Officer Pro!
Hugh Workman
We John Marshal John Wilson and David Morris residing in the Borough of Washington & County of Wash ng Penn a hereby certify that we are well acquainted with Hugh Workman who has subscribed and sworn to the preceding declaration, that we believe him to be Seventy three years of age, that he is reputed and believed in the neighbourhood where he resides to have been a Soldier and Spy in the indian wars of the Revolution and we concur in that opinion Sworn and subscribed the day and year aforesaid.
John Marshal
Thomas Officer Pro!
John Wilson
David Morris
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 John Mar- shal Esq John Wilson Esq & David Morris who have signed the preceding certificate are resident in the Borough of Washington County of Washington & State of Penn a and are credible persons and that their state- ment is entitled to Credit. Thomas Officer Prothonotary of the Court of Common Pleas

do hereby certify that the foregoing contains the original proceedings of the Court, in the mat- ter of the Application of Hugh Warkmann for a pension In testimony whereof I have hereunto set my hand and the Seal of My office this 4 th day of Oct r . A. D. 1833
Thomas Officer Pro.

January 29, 1916
Miss Margaret S. Sanford, Apt. 23, The Savoy, Fourteenth Street, N. W., Washington, D. C.
Madam:
In response to your letter of the twenty-third instant, you are advised that in the claim of Hugh Workman, Sur. File No. 22,603, Rev. War, it appears that he was born August 19, 1760, in Lancaster County, Pennsylvania, and while a resident of Washington County, Pennsylvania, enlisted in 1778, and served as a Private, under Captain Joseph Ogle, in General McIntosh's expedition to the Ohio; 3 Months, 26 days Continued in service against the Indians, as follows: Following Summer; Captain Williamson's co.; 6 days. August, 1780; Captain Hosack's co.; 11 days. Fall, 1780; under Colonel Williamson; 12 days. September, 1781; under Colonel Williamson; 8 days. May, 1782; Captain William Leet's company, under Colonel Crawford; at Battle of Sandusky; 2 months.

On October 4, 1833, while a resident of the Borough of Washington, Washington County, Pennsylvania, he made an application for pension which was allowed.
In 1851, reference was made to the widow of the soldier, name of widow and date of death of soldier, not stated
It is not stated whether soldier had any children.
Very respectfully,
G. M. Saltzgaber
Commissioner.

Rev. War. WW
Jan. 23 1916
Com. of Pensions. Washington D. C.
Please send me the Revolutionary and other available data relating to Hugh Workman Private who was pensioned under the

act of 1832 at which time he was a resident of Washington County Pennsylvania.
And oblige
Yours truly
Miss Margaret Temple Sanford Apt. 33 The Savoy 14 th St. N.W. Washington D.C.

Provisions
22603 INVALID.
1916, Jan. 29. History to Margaret S. Sanford. Fr.
File No. 22,603
Hugh Workman
Ex Rev War
Act: June 7 th 32 nd
Index:—Vol. 2 , Page 161
[Arrangement of 1870.]

Washington Penna Jany 21. 1857
Dr. Reed
I wish you to procure from the Office of the Interior a copy of the documents on which a pension was procured from the United States for Hugh Workman for services in the Revolutionary war. I want to get a pension from the State of Penn a for his widow.
By the Rules adopted by the Committee at Harrisburg she is entitled to a pension - A copy from the department is sufficient evidence of the service of her late husband.
I would not write to you but there is no chance of getting an answer from the department in any reasonable time except through a member of congress.
Respectfully yours.
Jos. Henderson
Att n . for Mrs Workman

Ho of Reps
17 Feb. 1851
Sir:
I have the honor to submit a letter of inquiry from the Attorney of Hugh Workman's Widow in relation to her late husband's services in the Revolutionary War.
I am requested to ascertain if I can take proof of the services of Doct. Absalom Baide, a surgeon in the Revolutionary War.
In both these cases, proof is asked that the benefits of the Pennsylvania Pension Laws
May I be allowed to hope that I shall be favored with an early reply?
Very respectfully
Yours
R. R. Reed
Jas: E. Heath Esq

No of Reps 6 Feb. 1857
Sir:
I enclose a letter from Mr. Bonderson & in which I respectfully ask your attention.
The information on page 10 will enable Mr. H. to procure a pension from the State of Pennsylvania, a pension for an aged widow lady of great respectability -
Very truly your
P. P. Reed
Jas. E. Heath, Esq.
Commr. Pensions

Agents Office Merch le & Manuf g Bank Pittsburgh 17. Sept 1835
Sir,
Agreeably to your instructions in Letter of 31 st March last, I herewith transmit the pension voucher of Hugh Workman; whose pension has not been paid since the 4 th March 1833, as appears by the books of the Branch P.W.O. here. The reason he assigns for not applying, is, that living so far from town, it was inconvenient for him to come sooner.
I am very respectfully
Your Most Ob st Serv t
J. S. Edwards Esq. For Mr. Bierman Pr. Commissioner of Pensions 2 Pmt ag. Washington David S. Browne Pm. C.W.O.

Washington County
Pennsylvania
Personally appeared before the subscriber a Justice of the peace in and for the County aforesaid Cap t Daniel Hamilton of the Revolutionary Army who being duly sworn saith That the much of the declaration of Hugh Workman as re- lates to his services in "Crawfords Camp- aign" is substantially true, most of the inci- dents, and dates therein set forth being fresh in the recollection of this deponent.
I was 1 st Lieut in a Company Commanded by Cap t Thos s Rankin in "Crawfords Campaign" and was well acquainted with Hugh Workman who was, during that Campaign a private in Cap t Lett's Company, and now makes application for a pension. Mr Workman was always considered a good soldier, and a brave man, and has always sustained a high and well merited reputation in society.
I am not personally acquainted  cognisant  with  of the other services rendered to the Country by Mr Workman in those times, but if Common report, and the declarations of others speak truth they were considerable.
Sworn and subscribed this 22 d day of March 1834
Before me John Marshall
Daniel Hamilton

I am well acquainted with Hugh Workman the within applicant and know him to be a man of great respectability - John Marshall Esq. before whom the the affidavit of Capt. Hamilton was taken is an acting Justice of the peace and duly authorized to administer oaths &c.
Thos. M. S. McKernan
March 16. 1834.
24. 891.
Hon. J. M. S. McKernan

I John Marshal the Justice before whom the within affidavit of Daniel Hamel- ton was sworn. do certify that the depo- nent is a credible person , and that his statement is entitled to credit March 22 nd 1834
John Marshal Justice of the peace

29. 891.
Hugh Washman Penn a
2 Months Car 5 Mo 18 days Inf
 20.00  1.37   18.63  27.00  1.11   61 
 1337  117  22   1237 
Wm T. M. T. McKenna Ho of Rep

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
   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.              
I am, respectfully,
Your obedient servant,
JAMES L. EDWARDS,
Commissioner of Pensions.
3 26 6 15 11- 8- 12 2 - Car
78
2. 18 5 -

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 inquiry 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.