Revolutionary War Pension and Bounty Land Warrant Application File R. 10,124, for Elijah Stevens, New York

SERVICE
SERVICE New York
Stevens, Elijah
NUMBER _____
R, 10.124
CONTENTS

23324
Elijah Stevens Dutchess county New York
on Rolla Malcom's life 12 July 77 described on July 11
Applicant, Milan, Dutchess co. N. 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. 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 Elijah Stevens, Dutchess county New 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.     Drafted 1775 1 private Capt. Smith Lowell to Fort Monmouth 71 Orange co. N. York tradition   Enlisted 1776 9 Capt. Raymond Col. Malcom Morrisville Kingsbridge   Drafted 1777 1 Capt. Purvis Fort Washington Tappan Witnesses prove three months service!   do. 1778 1 Capt. Spencer Haverstraw Upper Rappah   do. 1780 3 Capt. Whiting Col. Williams Rocky Point West Point   do. 1781 2 Capt. Morse Col. Warner German Flats Millwater  
I am, respectfully,
Your obedient servant,
J. L. EDWARDS,
Commissioner of Pensions.

REGULATIONS UNDER THE ACT OF JUNE 7, 1832.
The following regulations have been adopted:
This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army, and to include under the terms "Continental Line," "State troops," "militia," and "volunteers," all persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, &c. Teamsters, Boatmen, &c. Persons who served on board of Private Armed Vessels are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service.
Four general classes of cases are embraced in this law:
1. The Regular Troops. 2. The State Troops, Militia, and Volunteers. 3. Persons employed in the Naval service. 4. Indian Spies.
As rolls of the regular troops in the Revolutionary War exist in this Department, all persons, claiming the benefit of this law as officers, non-commissioned officers, musicians or privates, will in the first instance, make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides. And every Court having by law a seal and Clerk is considered a Court of Record.
DECLARATION,
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
State, Territory, or District of } ss. County of }
On this _____ day of _____ personally appeared (a) before A.B. a resident (b) of _____ in the county of _____ and State, Territory or District of _____ aged (c) _____ years, who being first duly sworn, according to law, doth on his oath make the following declaration, in order to obtain the benefit of the provision made by the act of Congress, passed June 7th, 1832. That he enlisted in the Army of the United States in the year (d) _____, with _____ and served in the _____ (e) regiment of the _____ line, under the following named officers:
[Here set forth the names and rank of the Field and Company Officers; the time he left the service; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers;) the town or county and State in which he resided when he entered the service; the battles, if any, in which he was engaged, and the country through which he marched. [This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.]
He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of _____
Sworn to and subscribed the day and year aforesaid.
A. B.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states.
I 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 (1) 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, deposes 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.
[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.
J. B. Broadhead

2 3 3 2 4
Elijah Stephen
23324

State of New York } Dutchess County }
On this twenty first Day of January one thousand eight hundred and thirty three personally appeared before me Stephen Thorne one of the Judges of the Court of Common Pleas in and for the County of Dutchess in the State of New York being a resident of the Court of Second Elijah Stevens aged Twenty Seven of Stamford in Dutchess County & State of New York one years who being first duly sworn accord- ing to law doth on his oath make the follow- ing declaration in order to obtain the ben- efit of the act of Congress passed June 7 th 1832 that he entered the Service of the United States under the following names officers and served as herein stated he first entered the Service in the fall of the year one thousand seven hundred & twenty five was drafted for one month and was under Command of Capt Smith and Lieut. Buel in he Presided at Conneaut in Orany County in the State of New York at the time marched to fort mont- gomery and worked at the fort till his term expired and was discharged and in the spring of one thousand seven hundred & twenty six he enlisted for nine months he was cannot meet the month on the day of the month he did enlist he was under the Command of Capt. Raymond marched from Conneaut before mentioned to a place called Morristown & gained a Regiment but is not

nat now able to say who the officer of the Regiment was from Morristown they marched to Kingsbridge and to Fort Washington on York Island Remained there a short time then crossed the north River in to the State of New Jersey to a place called Hackensack and from there they marched to Tappan was there at the time the Battle was at White Plains He Remained at Tappan or near there till his term of Enlistment expired & he was Discharged which was late in the fall on the first part of the winter now is not able to say which says that he will Remem- ber that Col. Malcom Commanded the Regiment after they left Fort Washington on York Island & went to the Jerseys but thinks before that they had some other person for Col. Remembers seeing Generals Washington Genl. Putman & Clinton & others while on that part of Service in the winter of one thousand Seven hundred & Seventy Seven he was drafted to go in the Service for one month & went under the Command of Capt. Parsons and Lieut. Sanford marched from Orange County to a place called Hackensack in New Jersey & Served his time out & was Discharged Can not now tell who was the principal officer that Command at that time. in the fall of the

Year one Thousand Seven hundred & Twenty Eight he was drafted for one month Service at Hyde park in Dutchess County, marched under the Command of Capt Spencer to Ulster County, where there was called the frontiers to a place called the Rochester & was there to guard against the Lois & Indians. Stayed till his term of Service expired & was Discharged. Remember General James Clinton was the officer who had the Command of the Troops at that place at that time in the year one Thousand Seven hundred and Eighty, he was drafted for three months Service then lived at Hyde park where said marched under the Command of Capt McKinstry was — marched to West point then moved to Albany came Regiment went from there to Albany and from there to what was called the German Flats & stayed there till his term of Service expired and was Discharged. He can not name Russell who the Commanding General was at that place in the year one Thousand Seven hundred and eighty one he was drafted for two months Service then lived at Stillwater in Saratoga County was marched to fort Edward & put under the Command of Capt Morris was at fort George & Cones point while at fort George a party of British & Indians took from us some Cattle and horses. Stayed there till my term expired & I was Discharged. Col Warren Commanded at fort George

and Capt Chipman at Fort Edward & I think General Schuyler had the Command of that place at that time he remembers of seeing him while on This Tour of Service he says that he has no documentary evidence and that he knows of no person whose testimony he can procure who can testify to his Service Except the affidavit of Jeremiah Horton who was with him three months of his Service & which affidavit is hereto annexed 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 he was born in the year one thousand seven hundred & fifty one Decr 12 th the 23 rd he has a record of his age in a family record he lived in Coeymans Orange County State of New York when he first was called in to the Service lived in Hyde Park in Dutchess County when twice called in Service and one in Pilliwatuck in Saratoga he was drafted when he was called into Service except once & then he enlisted for nine months he cannot state the name of officers where he served in the Service more fully than he has with certificates he never received any written Discharge from his Services he states the names of David Givney David Parks David Waltermore Uriah Thompson Amasa Buckman to whom he is known in his present neighborhood and who can testify as to his character for veracity and their belief of his Service as a soldier of the revolution Sworn to and subscribed Elizabeth Stevens

The day & year aforesaid Stephen Thorne Judge
We Comrs to Crandel a Clergyman Presiding in The Law of Pine Plains in The County of Dutchy and Amasa Buckman Presiding in the Law of Stanford in Said County of Dutchy hereby Certify That we are well acquainted with Elijah Stevens who has Subscribed and Sworn to the above declaration that we believe him to be twenty one years of age that he is Reputed and believed in the neighborhood where he Resides to have been a Soldier of the Revolution and we concur in that opinion
Sworn & Subscribed the day Comrs to Crandel and year aforesaid Amasa Buckman
Stephen Thorne Judge
And I the said Judge as above stated do hereby declare my opinion after the investi- gation of the matter and after putting the inter- rogatories prescribed by the war Department that the above named applicant was a Revo- lutionary Soldier & served as he states and I further Certify that Comrs Crandel who has Signed the preceding Certificate is a Cler- gyman to my own knowledge and of good Standing President in the Law of Pine Plain

and that Amasa Buckman who has also signed the same is a President in the Town of Flannard aforesaid and is a credible person and that their Statement is entitled to Credit and I further Certify I am well acquainted with the said appellant & have been for twenty years or more & can Certify as to his Character for veracity to be good & I further Certify that the appellant cannot from bodily infirmity attend the Court
Stephen Thonn
State of New York County of Dutchess } ss I Henry J. Braver Clerk of the said County of Dutchess do hereby certify that Stephen Thonn Esquire before whom the annexed declaration and examinations were made was at the time of taking the same a Judge of the Court of Common Pleas of said County being a Court of Record having a Clerk and Seal And that I am well acquainted with the handwriting of the said Judge and verily believe that the signatures of the said Judge annexed to the said Declaration Examination and his opinion upon the same are genuine.
In testimony whereof I have hereunto set my hand under my seal of office the twenty fourth day of January A.D. 1822
Henry J. Braver Clerk

State of New York } ss.
Orange County }
Jeremiah Horton of the Town of Blooming Grove in the County & State aforesaid being duly sworn did upon oath depose and say, that he this deponent in the year One thousand Seven hundred and Eighty belonged to and was a private in Capt. Thomas McKinster's Company in Col. Malcom's Regiment in the American Revolution, and one Elijah Stevens was a private and did belong to the said Company and did do duty in said Company and Regiment for the term of three months, and that this deponent hath good reason to believe and doth verily believe that Elijah Stevens at present of the Town of Stanford in the County of Dutchess in the State aforesaid is the same Elijah Stevens who belonged to and served in the said Company & Regiment with this deponent as aforesaid, and further saith not
Subscribed and sworn to this 7 th day of January 1833 before me
Jeremiah Horton
Wm W Brooks one of the Justices of the Peace of Orange County
State of New York } ss. Orange County }
I Asa Dunning Clerk of the County of Orange & Clerk of the Court of Common Pleas in and for the said County do hereby certify that William W Brooks Esq before whom the preceding affidavit of Jeremiah Horton was sworn was at the time a Justice of the Peace in and for the said County of Orange sitting in the said County

duly appointed and I do hereby certify that I am acquainted with his handwriting and hereby believe that his signature subscribed thereto is his genuine signature — In Testimony Whereof I have hereunto set my hand and seal of office the 7 th Day of January 1833 — Abel Dunning

Elijah Stevens New York Act 7 th June 1832
Rejected See let. -1st to claimant May 23 rd 1833
10124

Desertia Rejected 23 May 1833

Acts of July 14, 1862, and March 3, 1873.
10,124
P. O. Elijah Stevens Service
REJECTED
Enlisted: _____, 18
Discharged: _____, 18
Application filed: _____, 18
Alleges: _____
Re-enlisted: _____
Attorney: _____
P. O. _____
_____ Recognized. _____ Contra
_____ Cert. of Dis. Searched for _____, 18