Revolutionary War Pension and Bounty Land Warrant Application File S. 5,588, for Nicholas Huntsley, Massachusetts

SERVICE
Mass.
Huntsley Nicholas
NUMBER
S.5588
CONTENTS
carded.

14270 New York 14273
Nicholas Huntsley
of Geneseo in the State of New York who was a private in the Com't - commanded by Captain Lyman. of the Reg't. commanded by Col. Huntsley. in the Mass line for I. Island
Inscribed on the Roll of New York at the rate of 80 - Dollars — Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 16 th day of May 1833 - and sent to Horace W. Soper Batavia. Geneseo Co. N.Y.
Arrears to the 4th of March 1833. $100. Semi-ann. allowance ending 4 Sep 1833. 20
$120.
{ Revolutionary Claim, Act June 7, 1832. }
Recorded by George Taylor Clerk Book E Vol. 11 Page 60

23993 Nicholas Huntley State of N York
Horace W Soper Balaria Genesee City 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 subjoined 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, showing the Service of Nicholas Hunsley  Geneva County State of 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.     Feb 1780+ about 1 8 priv Capt Lyman Col Hinckley Genl Putnam Skirmish at New London Several Springfield New Haven Hartford Dorchester Stillwater Fort Edward Albany 44 years Northampton Traditionary Evidence   Feb. 1782 1 11 Quartermaster to Lieut Hunt Skirmish No Officer given to the last tour of service Can get no live witness Clergyman's Clerk  
I am, respectfully,
Your obedient servant,
J. L. EDWARDS,
Commissioner of Pensions.
+ 1780.
2 mo. furlough deducted

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 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 (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 he 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 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 substituted.
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.

Nicholas Huntsley
Declamation.
23998
Please make returning to Horace W. Soper Batavia Genesee Co. N.Y.

Declaration of Nicholas Huntley, in order to obtain the benefit of the Act of Congress passed June 7- 1832
State of New York Genesee County } ss
On this twenty seventh day of March in the year of our Lord one thousand eight hundred and thirty three, personally appeared in person before the Judges of the Court of Oyer and terminer, being a Court of Record and having a seal, now sitting in the town of Batavia in and for the county of Genesee in the State of New York, Nicholas Huntley, a resident of the town of Batavia in the County of Genesee and State of New York, aged seventy four years and upwards who being first duly sworn according to law, doth, on his oath make the following declaration, in order to obtain the benefit of the Act of Congress passed June 7- 1832 -
That he entered the service of the United States under the following named officers, and served as hereunder stated. -
That while he resided in Northampton, Massachusetts, some time in the month of April 1780 but on what day he cannot recollect he volunteered in the State militia of the State of Massachusetts in Capt Oliver Lyman's Company in Col. Hinckley's Seventh Regiment, he thinks - that Sylvester Estey was his Lieutenant - Supply Clapp was Ensign - Webb Paver was Orderly Sergeant - Seth Pomeroy was Brigadier General - that he marched immediately to Springfield and remained there a few weeks and then went to New London and soon after had a skirmish with the English and drove them down the River and pursued them to within ten miles of Saybrook and there encamped where we obtained news that the British had gone up the River and we then went back to New London - he was stationed in New London about five weeks and then went to New Haven and remained there some time and then went to Old Hadley and then went to Hartford and was stationed there some time and then went down the River to Stony Creek, he thinks and had a slight skirmish with British and we were driven

back and he went to Hartford and was put into the hospital being sick and laid there three weeks and then joined his company and went to New London again and obtained a furlough and went home and remained at home two months on his furlough and then went to New London and joined his company and went into winter quarters and remained there all winter and in the spring on the 14 th of April 1781, he thinks, he was ordered to go to Dorchester and was stationed there some time and was in a skirmish with the enemy while at this place and went into winter quarters at a place near Boston across the Bay, but the name of the place remained there till some time he cannot recollect and in the spring or latter part of winter, the precise time he cannot recollect, but thinks it was in February 1782 when he was finally dismissed and went home to Northampton. That he served during all this period as a private and deducting the time that he was at home on his furlough, which may be two months, he served at least eighteen months. That he cannot swear positively as to any more actual service, although he thinks he served nearly twenty months. In consequence of old age and the loss of memory. That he served the last 4 months as a substitute for John Rotey & Eli Rotey of the same town with this Deponent. That including the time he was at home on his furlough and for which he drew pay, he served at least twenty months.
That he remained at home until some time in May 1782 when he went into the State service and was made a writer to Doct. Ebenezer Hunt, at the request of the Doctor and received pay as a regular soldier and went to Stillwater N. Y. & S. & S. Sandy Hill and remained there some time and then went to Albany and thence to Greenbush where he remained until the four months had expired and then he went home after having served four months which was some time in September. That he received a written discharge from Gen. Schuyler which he has lost.

September = that he received a written discharge from Gen. Schuyler which he has lost.
Answer to
1 st Interrogatory
That he was born in the city of Amsterdam in the Kingdom of the United Netherlands on the 24 th July 1758
2 d do
That he has no Record of his age but believes that the Record which Ebenezer Lane had of his age is lost. That the said Lane brought this applicant from Holland when he was eight years old.
3 d do
That at the time of his entering the service he resided in Northampton Massachusetts, that after he left the service he followed the sea about two years and then went to West Hampton and resided there about one year and an half - then in South Hampton about one half of a year - then in Cambridge, Washington County, N.Y. about three years - then in Hague on West side of Lake George, four or five years - he then went to Holland to procure some property and on his return the vessel was boarded and he was pressed into the British service and remained on board the British vessel about one year when he made his escape and went home to New York and not long after went into the service in the late war and served about eight months and then went to Hunsborough and remained there about one year, then at Long Point Settlement in Canada 3 years, then - then in Hague on Lake George about two years - then in Phelps town, Ontario Co. N.Y. 2 years - then in Butternuts, Greene County, N.Y. two years - then in Aurora, Ohio, 2 years - then in Hume, Alleghany County, N.Y. about 2 years - then in Atlanta, again where he has resided about one year this last time.
That he has no documentary evidence of his services and knows of no person who is living by whom he can prove his services - That there was a man in Ohio by the name of Adams by whom he could prove some of his services but that he does not know whether he is living or not.
That the Rev. Symon Emmons a Clergyman and Reuben S. Prescott reside in his neighborhood, are

well acquainted with him and can testify as to his character for veracity and their belief of his serving as a soldier of the Revolution.
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.
Sworn to and subscribed in open court the day and year aforesaid. } Nicholas Hunnoble
before me Timothy Fitch Clerk.
We, Seymour Ensign, a Clergyman, residing in the town of Stafford in Genesee County, N. Y. and Reuben D. Prescott, residing in the same place and both residing in the neighborhood of Nicholas Hunnoble, hereby certify that we are well acquainted with the said Nicholas Hunnoble, who has subscribed and sworn to the above declaration, that we believe him to be seventy four 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 & subscribed in open court the day and year aforesaid. } Seymour Ensign R D Prescott before me - Timothy Fitch Clerk
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 Seymour Ensign, who has signed the preceding certificate, is a Clergyman, and that Reuben D. Prescott, who has also signed the same, is a credible person, that both are residents in Stafford in said County of Genesee & that their statement is entitled to credit.
War Minister
Isaac Wilson
William Oldfield

S. Cunnings
State of New York Delaware County ss.
I, Timothy Fitch, Clerk of the said court of Oyer and terminer do hereby certify that the foregoing contains the original proceedings of the said court in the matter of the appli- cation of Nicholas Huntley for a pension The Testimony whereof I have hereunto set my hand and seal of Office this 27 March 1833.
Timothy Fitch Clerk

Rev War
5588
INVALID.
File No. 5588
Nicholas Huntsley
Rev War
Act: June 17 th 32
Index: Vol. M , Page 184
[Arrangement of 1870.]