Revolutionary War Pension and Bounty Land Warrant Application File S. 2789, for Patrick Mc Elyea, North Carolina

SERVICE
NUMBER _____
N. b.
McGlynn, Patrick
D 2 789
Va.
banded
CONTENTS

Paid at the Treasury under the acts of April 6 th 1838 and Aug 23 rd 1842 from 4 th March 1840 to the 4 th March 1841. Agent note fed Oct 28 th 1842.
Paid as above from 4 th March to 4 th Dec 1841. Agt Notified 2 nd 1842.
31.327 West Tennessee
Patrick McElyea of Franklin in the State of Tenn e .
who was a Private in the Company commanded by Captain Maxwell of the 6 th Reg t commanded by Col. Shelton in the N o Div.
line for Commissary Provisions and Forage . Records corrected Feb y 6 th 1842 Inscribed on the Roll of W. Tennessee at the rate of 20 Dollars 00 Cents per annum, to commence on the 4 th day of March, 1831.
Certificate of Pension issued the 18 day of Dec r 1838 and Sub t Joseph D. Patrick  Spencer  Tenn e Arrears to the 4 th of Sept r 1838 $130.00 Pension allowance ending Mar 38 10.00
$140.00
{ Revolutionary Claim, Act June 7, 1832. }
Recorded by W. H. Addison Clerk, Book F Vol. 17 Page 97

state of Alabama } On the 23 day of October 1834 Jackson County } Personally appeared in open court before the Judge of the county court at now sitting Patrick McElyea a resident of said county and state aged 83 years who being duly sworn according to law doth on his oath make the follo- wing declaration in order to obtain the benefit of the act of congress passed June the 7 th 1832. That on the tenth day of January 1774 he entered the servi- ce of the united states as a private volunteer under Col John Moore and Col W m Moore and was discharged by his officers after serving two months and ten days was never stationed long at any place but marched through different parts of North Carolina in quest of the Tories Mostly near Hillsborough North Carolina He again en- tered the service on the 25 th day of February following as a private volunteer under Col Ramsey and Col Moore and Capt Mabbatt and after serving two months and ten days Mostly near Hillsborough North Carolina was again dischar- ged by his officers he again entered as a private volunteer in the spring of the year 1779 and off under Col Arthur Campbell Col W m Edmanson and after serving twenty one days was again discharged He again entered the service on the 5 th day of Feb February 1781 Col Pres- ton and Capt James Maxwell and was marched through different parts of North Carolina and the south edge of Virginia and after serving two months & ten days was discharged in which last campaign he was in the battle of the Alamance near the line of Guilford County North Carolina in which he lost his horse saddle & bridle He resided in North Carolina Goswell County when he first entered the service he then and just before the Sherd campaign he moved to Virginia Washington County Thence to Montgomery County Virginia He has no documentary testimony to show his service I hereby relinquish every claim whatsoever to a pension or

anxiety except the present and declare that my name is not on the pension roll of any state. Where and in what year was you born, I was born in York county Pennsylvania in the year 1751 I had a record of my age in a bible but my house has been burned and my bible lost.
Where were you you living when called into service where have you lived since the revolutionary war and where do you now live. I lived in Gaston County North Carolina when I entered the service the first and second times. I then moved to Washington County Virginia thence to Montgomery County Virginia thence to Surry County North Carolina thence to Grayson City Virginia thence to Carter County East Tennessee - Thence to Montgomery Ten. - Thence to Davidson City Ten. Thence to Dickson City Ten. - Thence to Jackson County Alabama about nine years past where he now lives. I volunteered when I first entered the service there was no regular officers where I served - I believe I have stated as near as I can from my situation the nature of my services.
Did you ever receive an officer's discharge - I never did I did not follow any civil pursuit in any of my services nor before named campaigns. State the names of persons in your neighbourhood who can testify as to your character for truth and good with Armstrong Donaldson Jacob Vansant & M. self lives willing to testify to the above.
Sworn to and subscribed the day and year above said
Testimony of the Rev. J. G. Carter
Patrick McElroy

We John Williams a clergyman in Jackson County Alabama and W. P. Robertson both residing in the neighbourhood of Patrick McElyea do hereby certify that we are well acquainted with said McElyea who has subscribed and sworn to the above declaration that we believe him to be 83 years old that it is reputed and believed in his neighbourhood that he was a soldier in the revolution and a man of honesty and truth and we concur in the same opinion. John Williams W. P. Robertson Sworn and subscribed to the above written
And the said court hereby declare their opinion after the investigation of the matter and after hearing the interrogatories required by the war department that the above named applicant was a revolutionary soldier and served as he states and the court further certify that it appears to them that John Williams who has signed the preceding certificate is a clergyman resident in the county aforesaid and that W. P. Robertson who has signed the same is of the same county is a creditable person and their statements entitled to full credit and truth given under my hand and seal this 11th day of January 1834. Thompson M. Atty. Genl. Judge of the barony court
I Richard B. Clayton Clerk of the county court of Jackson Alabama do hereby certify that the foregoing contains the original proceedings in the

base of the application of Patrick McEllyca for a pension in testimony whereof I have hereunto set my seal hand and private seal this being no seal of office this 27th of October 1834
P. B. Clayton Atty
I am acquainted with the hand-writing of Patrick B. Clayton, whose name is subscribed to the foregoing cer- tificates, and am satisfied that s d signature is genuine; and also that he has no seal of office. I also know the signature of J. M. Rector, who is Judge of the County Court, and know his signature to be genuine.
April 2 d 1835.
C. C. Clay

Rev War
2789 INVALID.
File No. 2789
Patrick M o Elyea Priest Rev War
Act: June 7 th 1852
Index:—Vol. A , Page 243
[Arrangement of 1870.]

Patrick M c Elyea-
Alabama Letter 9 July '36
Suspended
Act of May 1838
Pensions - Suspended
Respectfully
See letter 3 Sept 35-
to claimant did not receive six months.
let. 20 Apr 37 J.R.
Patrick P.M. do. No Nov 37

Salisbury 28 Sept 1887
L. Edwards Esq
Dear Sir
Enclosed you will find an additional declaration of Patrick M c Elrea, which will probably make his services over 6 M s . as he says the Battle he was in is a different one from the one you took it to be, the old man is very poor and almost unable to get about; he lives 6 miles from here & it was as much as he could do to get here to make his further declaration — would he not be entitled to a pension under the Law of 1831. for the 6 M s . a day or two later Law, I feel an interest in the poor old mans case as I see he is now suffering in his old age and a small

Retained from his County for a short time would relieve him —
Your early reply will confer a favor on him —
Respectfully yours John H. Patrick

State of Tennessee } This day personally Franklin County } appeared before me John M. Patrick an acting Justice of the Peace in & for the County & State aforesaid Patrick McElyon and made oath that he belonged to the Army of the Revolution in the year One Thousand Seven Hundred & Eighty One, that he went into the service about the first of January in that year, that he belonged to Capt James Maxwells Company that he was in the Battle on the Alamance Creek near the line of Orange County North Carolina that said Battle took place in the Month of March 1781. and was fought against the British & Tories that Col. Grew & Pickens Commanded the American forces in said Battle & that Col. Washington was also engaged with a core of Horse, that he belonged to Col. Prestons Regiment, that this is the Battle he before made oath to being in in the original papers now on file in the War office and that the above battle was fought he thinks about Eleven years after the Battle fought by Governor Tryon on or near the same ground on the Alamance, & that he lost in said battle in 1781. a mare Saddle & Bridle valued at

One thousand Dollars. Contested money and that after that battle in the last of March 1781. he was discharged from the service of the United States this being the last battle or service he was in, that he at the time he found his paper claiming a pension, made in Jackson County Alabama, & that he now resides in the County of Frank- lin State of Tennessee, Sworn & subscribed to before me this 20 th  Maria McElyear September 1883.
John R. Patrick
Justice of the peace
State of Tennessee
Franklin County } This day personally appeared before me John R. Patrick an acting Justice of the peace in & for the County aforesaid and makes an oath the following declaration (to wit) that in his former services in the Army of the Revolution in 1776 & 1777. upon reflection he believes was one month & ten days each as to the time in these two terms. he must have been mistaken

in his former declaration of term each being two months & 10 days for he is now fully satisfied that the term of duty in 1776 was only one month & 10 days & believes the term in 1777 to have only been the same length of time
Patrick McElyea
Severn disabsentee to before me this 11th December 1837
John R. Patrick
Justice of the peace
State of Tennessee - I William M. Bragdon Clerk of the Franklin County Court of said County, do hereby Certify that John R. Patrick is and was an acting justice of the peace in and for said County at the time of Certifying the above, duly elected and legally qualified and that he is entitled to faith and credit in all his official acts as such
In testimony whereof I have hereunto set my hand and affixed my seal of office the 5th day of December A.D. 1837
W. M. Bragdon C. M.

State of Pennsylvania ) Franklin County ) ss. William Still Jr, Chairman and the several Magistrates of the County Court of said County, do hereby certify that William W. Brazell is Clerk of said County and that his affidavit is in due form of Law and sealed with the Court Seal. Given under my hand and seal the 5 th day of December, A D 1831.
W. Still Jr Chairman of Franklin County Court

Larkspur Fork man
Tree
L. L. Edwards Esq. born of Russians Washington City district of Columbia

Laskins Fork Jackson Sta
August the 11 th 1885
Sir I have just received a note from you requiring me to send up my original declaration, sir I can only inform you that as it had been sent back different times and amended by adding a supplement it was thought best by my council to not encumber the mail with so much unnecessary paper and in the place of the old to draw from the old and make a new one which was exactly the way he acted in the case of Lewis Clark of this neighbourhood which is now drawing a pension all that was required the last time was a more exact statement of the length of my terms of service and to have the Clerks official seal or a Congress members certificate which publication you will see on the new declaration my old paper was left in the office where new was drawn and I expect is destroyed as they can not be found but there is no information on the old that is not on the

Now, if I loose my claim for the lack of the old papers it is to late to avoid it though I hope when you weigh the case you will see that the new will answer every purpose if it is deficient in any part send it back as you did the old - Sir you will see by my declaration that I am old and you may expect very frail and can not live long to be about then to Government but it would be a great satisfaction to me to draw that I could live more smooth and die even with the would which I can not do with out it yours &c
M c J. L. Edwards Washington, D.C.
Patrick McElroy
2 10 2 10 21 5 01
2:10 Pat. Alaman might May 1771 - Alans Gen Enya K. legalat

TREASURY DEPARTMENT, SECOND COMPTROLLER'S OFFICE,
Dec. 16 th , 1842.
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 3d section of the Act of August 23, 1842, extending the time within which pensioners may receive their pensions from the pension agents, Patrick Mc Elyea — a Pensioner on the Roll of the Nashville, Ten: Agency, at the rate of — Twenty — Dollars and _____ Cents per annum, under the law of the 7 th June 1832 , has been paid at this Department, from the 4 th of March , to the 4 th Sept. 1842 .
Respectfully, yours,
J. Woodson
Comptroller.
To the COMMISSIONER OF PENSIONS, Present.

TREASURY DEPARTMENT,
SECOND COMPTROLLER'S OFFICE,
October 4 th 1842.
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 3d section of the Act of August 23, 1842, extending the time within which pensioners may receive their pensions from the pension agents, Patrick Mc Glyca — a Pensioner on the Roll of the Nashville, Ten. Agency, at the rate of — Twenty — Dollars and _____ Cents per annum, under the law of the 7 th June 1832, has been paid at this Department, from the 1 st of March 1840 to the 4 th March 1841.
Respectfully, yours,
Comptroller.
To the COMMISSIONER OF PENSIONS,
Present.

Patrick McIlven
How
June 10
Miss J. L. Edwards, Working for the benefit of Columbia University of London

State of Alabama Jackson County, May the 21 st 1834
Sir I have lately received a note from you Informing me that my claim was set aside under the supposition that the Alamance battle that I was in that I gave an account of in my decl- aration was fought between General Tryon and the regulars. Sir by comparing this with my declaration you will see at once that you were mistaken. Sir when the Tryon battle was fought my father and family of which I was one was ab- out moving from Pennsylvania to Carolina we met several of the regulars going away as we moved the battle I believe was fought in June - Sir the Alam- ance battle that I was in was fought about three miles from New River - it was fought with part of the forces of Cornwallis. Tarleton commanded the party we fought Waller was then in Hills- borough 8 or 10 miles from the battle ground Tarleton lay near Brantley Plantation and we aimed to surround him early in the morning but was betrayed by a boy by the name of James Cass and he changed his position then we was placed on the road which he was expected to march in every advantageous place by companys & battalions for about three miles and fought as long as we could and then made good

our retreat and so fought them about three miles we took four prisoners. Most the British Army his brother & two lieutenants we were commanded by Col. Durston & I believe our General was Green or per- haps Dickins as their forces had just united a few days before whether both or one of them com- manded that day as it was a scattering running fight I can hardly be certain but I believe it was Green at least he was the General & was under before Dickins united with our forces - you have taken that source of our months & ten days from the source that I understand and leaves only something over five months - when my whole service was I believe seven months and eleven days - Sir the Teyon battle was fought several miles from our headquarters & or 10 or 12 since been on it and mustered two years in Hills- borough under Colonel Manning who commanded under Teyon before the revolution war - and after Teyon battle - Sir I dislike making you so much trouble but take my papers through another exam- ination and you will without doubt see your mistake - I would have written sooner but having re- moved some distance from the office and only a short time past got your letter - please write to me your decision after you get this
yours with respect
M c L. Edwards }
Patrick McElgee

Salvador 28 Sept
Am
Mem:
Adolph
Park McElyea
L. Edwards Esq. Commission of Pensions Washington City D.C.

The
Subm. H. else
Box 21 Jenn: Oct-1832.
A. S. Edwards Esq. Consumption of Prisons Washington City D.C.

Dr Edward Ely. Salem Feb. 9th 1833
Dear Sir
Enclosed you will find the Declaration of Patrick M c Elyon, citizen as denoted and amended, which I hope will be satisfactory and that the old man will get his pension, so soon as the case is decided as you will confer a favor by adressing me and forwarding him his pension Certificate to the office — he is not long for this world and dependant on a son who is poor and has a large family of small children —
Respectfully yr. John M. Patrick

May 4
Mr J. L. Edwards Esq. Comm ee of Pensions Washington City, D. C.

After examining this declaration if it be rite please send the pension bill to Harkensfork and office Jackson Alabama as it is nearest to the declarant if not rite send it back to the same office for further correction April the 10 th 1835

Patrick M c Elroy Franklin Co Alabama West Tennessee
Return D
Special Atty admitted to P 6m; #22
John R. Patrick Esq Salem Tenn Hood Co. Co. Bkag Huntsville H. R. — Alabama

WAR DEPARTMENT,
Pension Office,
28 Nov. 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 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
   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,
J. L. EDWARDS,
Commissioner of Pensions.
The Department does not feel authorized to say what time the claimant entered the service on each manth { he must specify the length of his tours. }

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 fix 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: