Revolutionary War Pension and Bounty Land Warrant Application File R 6888, for David Manville, Connecticut

SERVICE
NUMBER _____
bonn.
Manville, David
R 6888
CONTENTS

State of Connecticut,
Seventh Judicial District, to wit Woodbury
On this 12 th day of August 1833 personally appeared, in open Court, before me
Charles B. Phelps Esq. a Judge of Probate for the District of Woodbury holding a Court at Woodbury
David Manville a resident of Watertown in the County of Litchfield and State of Connecticut, aged Eighty Six years, who being first sworn according to law, doth, on his oath, make the following declaration, in order to obtain the benefit of the Act of Congress, passed June 7, 1832.
That he entered the service of the United States under the following named Officers, and served as herein
 stated. That when New York was taken by the British in the year 1776, he was then with him he went under Captain Michael Dayton in the Militia; that Isaac Moore was Ensign of his Company. 
5776 2 mo
He does not recollect the day on which he left home or on which he returned, & he remembers while he was at New York a remarkable Thunder-shower, such as he has never witnessed, at any other period of his life. He came away when the Americans were driven from New York, he must have been in the service on that four or five months and as he thinks something more than that time, but with the exception of a longer term than two months, his Company was stationed at New York, and after the English had taken Long Island, he was somewhat exposed to the fire of the Enemy. I served as a Colonel in this War.
In the year 1778 he went on a duty to the Sapshill in the State of New Jersey having been detached or drafted in the Militia for two months which term he served at the

21 as a private. The Captain of the company to which I belonged arose in which I found in command by Capt Hull of Chatham. By Sam Putnam was at the same pits.
2 mo I am unable to remember any other officer than Capt Hull.
Sentinel into the service in November as a private. I served two months in this tour I was discharged at same pits. New York
3 In the year 1779. I arose in Watertown arose was drafted on a tour of duty in the army of three months. I was then a private in the Watertown militia. I served at New Haven and returned home and was again drafted to go to Norwalk & Milford and served at both said places. The precise period I cannot tell of my service. I was out in service this year three months; Captain Town of Watertown commanded the company I served in at Norwalk & Milford. Thomas Dutton the father of the Thomas Dutton the deponent in this application whose deposition is annexed was lieutenant a Ensign at Norwalk and Milford. I served as a private in this year.
The year 1777 I was drafted for a tour of duty arose as a private and was at Peekskill New York in Capt James Warner's company. How long I was in this tour I am not able to say certainly but believe it to be two months .

I recd. no discharge from any town of
I was born in that part of Woodbury concerned included in the present Town of Middlebury where I remained until I was 23 or 24 years old & then removed to Watertown where I have since resided except that period I was in the army & now reside there I do not know of any record of my birth. There may be oblique records for further evidence and can find only Thomas Dutton alive who can prove my service. Said Dutton's deposition is hereto annexed.
I am acquainted with the Rev. Francis Holcomb, W. H. Morrison Samuel B. Lovell & others present in Watertown.
The said David Merrill truly relinquishes every claim whatever to a pension or bounty except the present and declares his name is not on the pension Roll of any agency of any State.
David Merrill

The said 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. Sworn to, and subscribed, the day and year aforesaid.
We, Frederick Holcomb a clergyman, residing in the town of Watertown and William H. Merriman residing in the same, hereby certify, that we are well acquainted with David Mammill who has subscribed and sworn to the above declaration; that we believe him to be 86 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.
Frederick Holcomb William H. Merriman H. B. Phelps Judge of Probate District of Woodbury
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 abovenamed applicant was a revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that Frederick Holcomb who has signed the preceding certificate, is a clergyman, resident in the town of Watertown and that William Merriman who has also signed the same, is a resident in the town of Watertown and is a credible person, and that their statement is entitled to credit.
H. B. Phelps Judge of Probate Dist. Woodbury
I, Edw. M. Phelps Clerk of the Court of Probate, for the District of Woodbury, do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of David Mammill for a Pension.
In testimony whereof, I have hereunto set my hand and seal of said Probate Office, this Twenty seventh day of September 1833
Edw. M. Phelps Clerk of Probate, for the District of Woodbury

State of Connecticut, } ss. County of New Haven.
On this 10 th day of November A.D., 1832, personally appeared before me, a Notary Public, in and for said State, Cyrus B. Manville, who, being duly sworn, deposes and says that he is the son and heir-at-law to David Manville, deceased, a soldier of the Revolutionary War; that his said father applied for a Pension under the act of June 7 th , 1832, which application was suspended for deficiency of proof, and the same has never since been received by any one. His said father was married to Bena Patterson, his mother previous to the year 1800, which said widow died on or about the month of A.D., 1838, and his said father also died about the month of April, A.D., 1839. Declarant is now 73 years of age; and here- upon applies for the arrearages of pension due him as heir-at-law to said David Manville, deceased, he being the issue of said David Manville, by a former marriage
Cyrus B. Mansfield
I worn to and subscribed before me the day and year first above written.
William Goodwin
Notary Public

Know all Persons by these presents:
THAT I, Cyrus B. Mansville, of the Town of Watertown, in the County of Litchfield, State of Connecticut, do hereby irrevocably make, constitute and appoint Alfred D. Morkes,
of the City of New Haven, in the County of New Haven, State of Connecticut,
David Mansville
my true, sufficient and lawful Attorney, for me and in my name to investigate, demand and receive of the United States any and all claims for arrearages of pensions, or other matters, due me as heir-at-law to David Mansville deceased, a Soldier of the American Revolution,
Address New Haven
and to do and perform all necessary acts in the execution and prosecution of the aforesaid business in as full and ample a manner as I might do if I were personally present.
Also to appoint under or with him one or more substitutes; hereby ratifying and confirming each and every act and thing said, done or performed by my said Attorney, or his substitute, in virtue hereof.
IN WITNESS WHEREOF, I have hereunto set my hand and seal this 10 th day of November, A. D. 1852,
In presence of
James H. Conklin
Cyrus B. Mansville
State of Connecticut, CITY AND COUNTY OF NEW HAVEN, } ss.
On this tenth day of November, A. D. 1852, personally appeared the aforesaid Cyrus B. Mansville to me well known, signer and sealer of the foregoing instrument, and acknowledged the same to be his free act and deed, before me,
John G. Ladd
Justice of Peace.
Notary Public.

D Menville

Comptroller's Office Hartford, Connecticut October 19. 1835.
I certify that on application of Mr. David Manville I have examined the books and papers of the late Pay-Table office of this state, now remaining in this department, and find as follows:—
An account with Lt. Col. Jonathan Baldwin, from Aug. 1776 to Nov. 1777 in which he is credited "by cash paid Cap. Fenn and Lt. Dutton — And is charged, at last date, "To cash p d . by O. Ellsworth exp. for 10 th Reg. Militia at Pechskill £436."
An acct. headed "Militia under Genl. Putnam at Pechskill &c. 1777" in which appears the name of Cap. Thos. Fenn, April 9. 1778 — supposed date of acct. rend d . — and opposite £65.16.4 — "Bounty for enlisting" — "Horse expense" — And in an acct. rend d . by sundry captains for expense of New Haven Alarm 1779 Cap. Thos. Fenn's name also appears.
In "Harkell, receipts" under head of "Militia Service from April to Novem r . 1779" appears the name of "Cap. Mily Hull, £19. 7. 8" (specie value) and also 0. 10. 8 — (specie value).
In same book under head "Expense of Coast Guards" is this entry — "1781 March 16, Cap. Ezekiel Hull, Coast Guard at Fairfield, £156.0.2. State Money" — date supposed to be of settlement.
Also in the same book, the name of Cap. James Warner, under head of "Expense of Militia Service", & opposite thereto "1783 April 4" (supposed time of settlem t .) "Service at N Haven £79.5.5 Specie."
Gideon Welles Comptroller

Post Office, New Haven Ct Oct 4 th 1847
Sir Enclosed please find letter addressed to E. F. Morris Esqr, received some time since at this office, from your Department.
Very Respectfully Your Obedient Servant John B. Robertson Jr
J. S. Edwards Esqr Pension Office

Post Office, New Haven Ct. Oct 4 th 1847
Sir Enclosed please find letter addressed to E. F. Morris Esqr. received some time since at this office, from your Department.
Very Respectfully Your Obedient Servant John B. Robertson Jr.
J. S. Edwards Esqr. Pension Office

Who Cares
FREE
Hon. J. L. Edwards Commissioner of Pensions Washington D. C.

State of Connecticut New Haven Co. Aug 9 th 1832 Dr Sir at the request of Cyrus B. Manville son of David Manville late of Watertown Litchfield Co Ct I write requesting a copy or an extract of the Declaration of said David made in 1832 in order to obtain the benefits of a pension for services rendered in the Revolutionary war - Said Cyrus has within a few days found a witness who was with his father during one campaign but from age and infirmity is not positive in what year he served - thinks that the decla- ration made by said Manville will refresh his memory
I also send in an other letter a deposition to Saml Stevens Esq to your care at the request of the friends of one Franklin Grilly - should this gentleman not be at Washington please open the letter examine the contents and direct me how to proceed to obtain for Grilly's friends his back pay and bounty land if any as this is a subject I am unacquainted with
Please forward to your servant at Watertown New Haven Co. Ct
E. F. Murrell

Suspended Connecticut
6,888
David Merrill
Col C.B. Phelps
2 o July 1836
let to C.B. Phelps
20 July 1836
let to Jas H. H. Lewis E. F. Merrill!
Newark N. J. Apr 19/39

Acts of July 14, 1962, and March 3, 1973.
REJECTED
6888
P. O. _____
Davia Stormville
Service: _____
Enlisted: _____, 18 .
Discharged: _____, 18 .
Application filed: _____, 18 .
Alleges: _____
Re-enlisted: _____
Attorney: _____
P. O. _____
_____ Recognized. _____ Contract.
_____ Cert. of Dis. Searched for _____, 18 .

David M c anville
Reply to Ch s B. Phelps Woodbury Conn

I Thomas Dutton of Watertown in Litchfield County and State of Connecticut, of lawful Age, depose and say, that I was a Soldier in the revolutionary War — and further say, that in the month of August, one thousand seven hundred and seventy six, I was drafted for a term of duty at New York, and went on in Capt Michael DeGlos Company, and on our way to New York, we fell in Company with other Soldiers, belonging to other Companies on their way in the same service, among whom was David Manville, then and now, an inhabitant of Watertown, and that I quartered and lodged with the said David Manville in a barn on our way to New York — and further depose and say, that I have always understood & believed, and it has always been the received opinion, that said Manville was a Soldier, and performed service in the revolutionary Army — and further say, that while in New York I went about three Miles out of the City to see some Officers who were killed in a severe Thunderstorm — that I went in Company with some of my acquaintances, and it is my impression and belief, that the said David Manville was among the number — and deponent further says, he performed service in the Army as a Sifter — and further saith not
Thomas Dutton
State of Connecticut Litchfield County ss Watertown September 10 th 1833 Personally appeared Thomas Dut- ton of Watertown well known to me as a man of

Respectability, Truth and Sincerity and being duly sworn each volume Deed that the facts contain in the fore- going Deposition by him subscribed are correct and true
Cyrus B. Mannville Justice of peace
State of Connecticut Litchfield County p. Office of the clerk of the County Court, I Origen S. Seymour, Assistant Clerk of the County Court for said County, hereby certify, that Cyrus B. Mannville Esquire is a Justice of the Peace in & for said County, & was so on the 10th day of September 1833, & that the above signature, which purports to be his, I believe to be genuine.
In testimony whereof I have hereunto set my hand & the seal of said Court this 1st day of October A.D. 1833.
Origen S. Seymour. Assistant Clerk.
C. B. Mannville

State of Connecticut
Probate Court District of Woodbury
On this fourteenth day of June 1834 personally appeared in open Court David Merrill of Watertown who being in the County of Litchfield who being first duly sworn on oath declares & says by way of supplemental declaration. To his original declaration made before said Court on the 14 day of August 1833.
That he has since the return of his paper from the Commission of Pension made diligent enquiry. and from his own recollection being influenced by different conversation with others. he is now enabled to state that.
Col Balouin of Watertown was Col of the Regiment. to which Capt Dayton's company was attached in the tour to New York in 1776. being the first tour mentioned in his original declaration. and that Thomas Dutton was acting Lieutenant in Dayton's company. Dutton was an Ensign and appointed to duty as Lieutenant in that tour.
Thos Dutton then the son of Thomas Deft Dutton the acting Lieut in said company was a first  private in said company.

The new Jurian & his deposition is annexed Christopher Miriam of Watertown was in said company he is now alive but is so much broken down by age and infirmity as to be unable to repeat or testify any thing about it
I know of no other Jurian in said town there was caused diligent inquiry to be made
Chauncy Farny of Watertown was in said service at New York in 1776 but did not serve in Dayton's company and as far as he did not know me until after the year 1776
2 nd Jurian
I am enabled to say that Gen Putnam was near here pretty all a part of the time I served in the 2 nd Jurian and had the general command. Our company acted as a guard and I do not know of any Col or Regiment to whom we belonged. We were near nowhere  here as I remember.
Of the company officers I have the recollection that one Hobbs was one & one Boston another officer. One was Lieut & one Ensign but I cannot tell which was the Lieutenant or Ensign
Amos Hicock was a Sergeant in Capt Hull's company he is deceased
Simeon Carrington & Richard Miles were privates in said company & served more or less with me. They are dead.

2 I am unable to hear of any survivor if in that Tour. of any others from Watertown found & cannot remember or learn it from others. My recollection is but four went from Watertown
3. I state as to the Tour to New Haven & the farm at Stormark in 1779. That I believe Thos Dutton was Sergt & one Mr Merriam was Lieut. of this I am not very confident and I can obtain no accurate information
Christopher Merriam was in this Tour I think. He is now as before stated unable to testify Nathaniel Woodin David Foot & David were with me & private they are deceased.
Capt Lins company in this tour was not raised and I never saw a false officer during the tour we acted as guards and patrols in small parties at Stormark & Milton as the Capt directed I know of no survivors in this tour nor can I hear of any. after much enquiring
4 th The Tour of duty mentioned in the original declaration in 1777. commanded in the Winter. I think as late as February I remember. The company was small we went to Peeks kill and was then ordered down to Croton Bridge and from there to White Plains. It is possible Capt Mann

left the company before my term expired I cannot remember any other officer than Name. We were attached to no Regiment to my knowledge. Ambrose Hicock was in this company as sergeant. He is deceased I know of no other. we can't hear of any
I have stated according to my best recollection I am an old man and my memory has failed. I am however pretty clear as to the facts there stated but cannot name all the officers
David Morrell
State of Connecticut } Probate Court } for Woodbury (District)
I Edward M c Phelps Clerk of the Court of Probate for the District of Woodbury do hereby certify that the foregoing contains the original and supplementary proceedings had in this Court, in the matter of the application for a Pension of David Morrell
In witness whereof I have hereunto set my hand and the Seal of the said Court at Woodbury, this fourteenth day of June A D 1834
Edw m M c Phelps Clerk

27370.
Same Newville
70.
return
E. W. Phelps
Woodbury
Co 7

WAR DEPARTMENT,
Pension Office,
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,
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 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) 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
that C. D., who has also signed the same is a resident in the is a credible person, and that their statement is entitled to credit.
I, Clerk of the Court of do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this day of &c.
Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction.
If such surviving witness cannot be found, the applicant will so state in his declaration, (l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his

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