Revolutionary War Pension and Bounty Land Warrant Application File S. 11447, for Samuel Spalding, New York

SERVICE
• NUMBER _____
New York
Spalding, Daniel
S. 11447
carded
CONTENTS

Paid as the fee as unpaid under the Act of the 6. April 1838 from 4 Sept to 19. Decr 1838 the day of his death Agent notified 18 Sept 1838.
Letter to Hon. W. Walden April 24, 1850.
20.777 New York
Samuel Spalding
Patron, in the State of New York who was a Private in the Company commanded by Captain Graves of the Regt. commanded by Col. Van Ness in the New York line for 15 Mos.
Inscribed on the Roll of New York at the rate of 30 Dollars. Cents per annum, to commence on the 4th day of March, 1834.
Certificate of Pension issued the 2 day of May 1853 and to E. Holliday Schokan
Arrears to the 4th of Sept $ 125 Semest. allowance ending Sept 24 25 $ 150
{ Revolutionary Claim, Act June 7, 1832. }
Recorded by J. C. Tuttle Clerk, Book C. Vol. 1. Page 81

Treasury Department,
Second Comptroller's Office, September 12 th 1838.
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," The widow of Samuel Spalding deceased, a Pensioner on the Roll of the Albany, N.Y. Agency, at the rate of fifty — 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 Sept. 1837 to the 19 th of December 1837, the day of his death.
Respectfully, yours,
William B. Parsons Comptroller
To the Commissioner of Pensions, Present.

14,855
Samuel Spalding
e.c.f.
15
Elias Holliday Schobarie N.Y.

WAR DEPARTMENT,
Pension Office,
June 3 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 Samuel Spalding of Fulton Schoharie County, New York
   Period when the service was rendered Duration of the claimant's service Rank of the claimant. Names and Rank of the Company officers under whom he served. Names and Rank of the General and Field officers. Battles in which the applicant was engaged. Country through which he marched. Place of abode when he entered the service, and age at the present period. Evidence by which the declaration is supported.   Years. Months. Days.     8th May 1776 about 7 21 Private Capt's Granes Col'l Van Dyk Battle of Stillwater from Claverack to Albany, in the state of New York Claverack Columbia County N.Y. Living witness   " May 1776 3 " Spencer   1 Aug. 1777 3 " McKinstry Livingston   afterwards in 1778 3 " Carson aged 76 years   1778 or 9 about 1 " Tanner   1780 for 3 or 4 " Muller   at another time 1 " Whitney   again 1 " Tanney  
X estimated at 15 mo
I am, respectfully,
Your obedient servant,
J. L. EDWARDS,
Commissioner of Pensions.
1780, Where Mr. Spalding's services are stated as 3 or 4 months they may be put at 3 months, as he is not positive that it was over three. The court certifies to the credibility of all the witnesses but one, and his name was omitted through mistake. The county clerk, before whom the witnesses were sworn, had certified to their credibility. Shortly after the pension was sent on his papers in Oct. last he procured an affidavit of Eli Root of Hillsdale Columbia county proving his services in 1777 at the taking of Burgoyne. This affidavit he sent on afterwards.

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 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 loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service; but, according to the best of his recollection, he served not less than the periods mentioned below, and in the following grades:—For _____ year _____ months, and _____ days, I served as a _____. For _____ months and _____ days, I served as a _____; and for such service I claim a pension."
It is important, in all cases, to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months , is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state that they served two years in the militia, &c. without specifying the tours, the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must, in every case, be clearly shown under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
[f] The law makes the relinquishment indispensable.
[g] The opinion of the Court is always required.
[h] The Clerk must give his certificate in every case.
[i] The Clerk must affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he has no public seal of office, the certificate of a Member of Congress, proving the official character and signature of the certifying officer, should accompany the papers.
Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other papers authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
Proof of Service.
[j] In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses, who are required to set forth in their affidavits the time of the claimant's entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
[k] The notes from [a] to [i] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in note [j] applies to continental troops only.
[l] This traditional evidence is indispensable in militia cases.
[m] If a witness cannot be found, the declarant must state the fact.
[n] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.
into papers - the same to be attached to the declaration

148 55 Samuel Spalding Hulton, New York Declaration
adm 2 15 mo. per 50 3/4

State of New-York } Schoharie County } ss.
An this fifth day of October in the Year of our Lord one thousand eight hundred and thirty two. Personally appeared in open court, before the judges of the court of common pleas of said county none sitting, Samuel Spaling a resident of the town of Fulton in the county of Schoharie and State of New-York, aged seventy six years and some months, 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 here in stated.
That in the month of May 1776, according to the best of his recollection, he was ordered in to the service of the united revolutionary War, to appear at a place in the town of Claverack now in the county of Columbia and join Captain Simon Green's company of militia in Col. Peter Van Klief's regiment he accordingly joined the company at Claverack aforesaid where he then resided, and marched with the company up to the city of Albany, they stayed there till they were discharged, was in the service at time about three weeks he thinks. He returned home to Claverack aforesaid, and in the month of August of the same year he entered the service again as a volunteer into Captain Spencer's company in Col. Van Dyke's regiment, he went to Fort George with some the company there, he went to supply the place of a brother of his who had deserted, and he remained in the service in the same company & regiment for three months and a few days more. That they were a part of the time at Fort George and a part of the time at Fort Edward that he was discharged at Fort Edward. That in the year 1777 he again was called in to the service in Captain John M c Kinstry's company in Colonel Livingston's regiment at the town of Claverack aforesaid, he joined the company sometime, he thinks

1 in the month of August, that they marched to Still- 2 water Van Schaiks Island in the mouth of the Mo- hawk river, that when they came there the army lay there and had been there a few days, it was under the command at that time of General Gates, General Schuyler had gone to Albany at the time he was on the Island. Then they stayed on the Island a few weeks but cant say how many and then marched to Still Water, with the Army and stayed at the old fort at that place a few days 10 and then went two miles up the river and he and began to make breast works a short distance from the Hudson river on the west bank. They lay there till Burgoyne met them there and the two Armies had an engagement, it was the first battle they had, there had been some skirmishing between them before that time, but of no great con- sequence. That about three weeks afterwards the two Armies met again and another severe battle was had between the two Armies and it lasted till dark, that the British retreated after the battle but he thinks that they kept their ground till the next night 20, they then went to Morehill & from there to Saratoga. That they followed them, and but not the next day for he thinks it rained, but the third day after the battle they only took them at Saratoga & that the day after some Artillery firing was kept up between them, that there was no firing after that day there took place. But Burgoyne some days after surrendered prisoners of War. After this they marched to Albany that is the regiment he belonged to he thinks came there - that the company went to Kingston which was known while they were at Saratoga or in that quarter, that when they got there or shortly after he was taken unwell and was discharged there in about a week from the time they came there and according to the best of his rec- ollection when he got home his three month's service had expired within three or four days, that the rest of the company got home in three or four days after -

That after this he went into the town of Springfield in the county of Berkshire in the State of Massachusetts to work some land his father owned and that while there he entered the service of the United States again in the militia as a substitute for one Samuel Lord for three months in Captain Gossard's Company, does not recollect the Colonel's name he joined the company at the town of New Marlborough in the county of Berkshire & State of Massachusetts, thinks it was about the first of September or last of August thinks it was in the year 1778 That they marched from New Marlborough to Claverack in the county of Albany and State of New York. Stayed there a few days and went back home remained about two or three days and then marched to Albany had been there four or five weeks and was taken sick and sent to the hospital and before he remained in the hospital sick till after the regiment was discharged.
That he was once in Captain Joseph Tanner's company in Col. Van Klief's regiment he entered the company at Claverack they were called out, but for a short time, they went to Albany & Schenectady and then discharged. Was in the service at that time about a month he thinks, but cannot recollect the year, it was at a time when the Indians were said to be coming down from Canada or that way, that it was in the fall but the year he is not certain about, thinks it was in 1778 or 1779.
That in the year 1780, He entered the service again as a substitute for one Moses Leary for three or four months will not be certain which, in Captain Christopher Miller's company does not know the name of the Colonel of the regiment, they joined the he entered the company at Claverack then in Albany county in the month of July, he thinks that they marched to Singerton's Manor and from there they

went by water to West Point or rather to Fish Kill first and then to West Point. had been there but a short time before he was transferred to Captain Blackwells company in Colonel Cottlelands regiment they marched from there to Stony Point that he belonged to the Infantry, there were about 3000 men they were under the command of General La Fayette, & Brigadier General Hand that they lay about two miles below the Grand Army they were some of the time in New Jersey State that there was no battle which he was there that which he was there Maj. Andrew was hanged. That they were discharged at Stony Point General La Fayette was commander in chief of the division he was in which was the right Infantry 2 Brigadiers General Washington was there but didnt say how long. General Green was there a part if not all the time. was discharged same time late in November at
That he was called in to the service at two other times once in Captain Loshins Whartons company he found the company at Glencoe now Columbia County State of New York in the Spring but does not remember the year that they marched from there to Albany & from there to Saratoga was in the service at that time about a month was discharged at Saratoga
Was again in the service in the fall of the same year he thinks for one month in Captain Joseph Lamers company found the company at Glencoe and marched to Saratoga was in the service about a month and was discharged there

 1 To the Interrogatories of the court he answered: was born in Connecticut in the county of Litchfield State of Con- necticut on the 16th day of February 1756  2 Has no record of his  3 When he was firstly called in to the service he resided in the town of Cannerick now in the county of Columbia and State of New-York and he resided there, excepting one or two years he lived in the State of Massachusetts, till about 27 or 28 years ago when he moved into the town of Middleburgh (now Fulton) in the county of Schoharie where he has lived ever since and now lives  4 He was ordered into the service as before stated, in his district and went as a substitute once or twice  5 While he was in the service at Saratoga General Gates was there at the taking of Burgoyne, General Arnold, etc  6 Has no written discharge at any  7 He is acquainted with Nicholas Lamont and David Clark, John G. Foster & others who he thinks can testify as to his character for veracity and their belief of his service as a soldier of the revolution. 
He hereby relinquishes every claim whether 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.
At B. in the 13 line of the first page the word "United" erased in the 1st & 2 line of 2 page the word "Still better" erased 10th line "had and" erased in the 20, word "then" inserted & some more interlineations & erasures not noted
his Samuel X Spalding Mark
Done and subscribed the day and year aforesaid in open Court John Schward Jr Clerk

Schobare County Pa. Archobald Lamont being duly sworn deposeth and saith that he resides in the town of Fulton in the county of Schobare and that he is a little rising of sixty eight years of age and is well acquainted with Lamine Spalding the person who has subscribed and sworn to the above declaration and was well acquainted with him during the revolutionary War and he knows that the said Lamine Spalding entered the revolutionary service in Captain Christopher Miller's company of militia, that this deponent enlisted in to the same company for three months at the same time at the town of Lebanon now in the county of Columbia that it was in the month of July in the year 1780. They went in the same company to West point that the said Lamine Spalding was put into an Infantry company that they then parted and went different ways that he always understood that the said Lamine Spalding served his time out that this deponent was March to Schobare during the time and he was kept in the service four months and a half before he got his discharge and went right home and when he came home

And this deponent saith that the said Samuel Spalding has always borne a good character for truth and veracity and that he believes the statement made by him in his said declaration of his services is true
Sworn and subscribed the day and year aforesaid in open court John Gebhard Jr. Clerk.
I certify that I am well acquainted with Archibald Lamont who subscribed and was sworn to the above affidavit by me in open court, and that he is a man of credibility - John Gebhard Jr. Clerk
Schoharie County ss. David Clark being duly sworn saith that he is sixty seven years of age and that he is well acquainted with Samuel Spalding who has subscribed and sworn to the foregoing declaration, and has been acquainted with him for forty years and that he lived in the same neighborhood in the Town of Claverie now in the county of Columbia till about twenty seven years ago when they both moved into the town of Middleburgh (now Fulton) in the county of Schoharie and that they have both lived in said town since then and there now. And that during the time that he was acquainted with him in Claverie he has frequently heard him talk of his revolutionary services and that he has always sustained a good character for truth and veracity and that he believes him to be seventy six years of age and remembers that he remembers that he was about ten years older than the deponent, and he further saith that he believes that the said Samuel Spalding served in the revolution as he has stated in his declaration
Subscribed and sworn to in open court the day and year aforesaid John Gebhard Jr. Clerk.
his David Clark Mark
I certify that I am well acquainted with David Clark, who subscribed and was sworn to the above affidavit by me in open court, and that he is a man of credibility John Gebhard Jr. Clerk

Schoharie County ss. Eben G. Foster of the town of Fulton in the 2 county of Schoharie, aged forty years John being duly sworn saith, that he has been acquainted with Samuel Spalding for a half twenty years, that he is reputed and believed in the neighborhood where he resides to have been a soldier of the revolution. That about seventeen years ago, is the first he heard or has has spoken of and that the said Samuel Spalding is a man of truth and veracity
Subscribed and sworn in open court the day and year after said
Ebenezer G. Foster
John Gebhard Jr. Clerk. } I certify that I am well acquainted with Eben G. Foster who subscribed and was sworn to the above affidavit by me in open court and that he is a man of credit.
John Gebhard Jr. Clerk
Schoharie County ss. William Lamont, Junr. of the town of Summit in the county of Schoharie being duly sworn saith that he is about forty eight years of age and that he is well acquainted with Samuel Spalding who has subscribed and sworn to the foregoing declaration, that riding of thirty years ago, has was acquainted with him living in Schoharie in Columbia county, that this deponent lived in said county  that this deponent two or three miles from him and that he bore a good character for truth and veracity in that place and that he has borne a good character for truth and veracity since he has lived in the town of Fulton in Schoharie county has lived has lived in the town of
That this deponent now lives in Summit an adjoining town about seven or eight miles from from where the said Samuel Spalding resides. That he believes him to be now of 76 years of age and that he was a soldier of the revolution as he has stated

Subscribed and sworn in open court the day and year aforesaid John Gebhard Jr. Clerk
William Lamont Jr.
I certify that I am well acquainted with William Lamont Jr. who subscribed and was sworn to the above affidavit by me in open court, and that he is a man of credibility - John Gebhard Jr. Clerk
N.B. In the above affidavit of Ellen G. Foster, in the 2nd line from the top the word "years" interlined and in the 6th line the words "talked talked" at the end of the line erased and in the 7th line the word "of" erased.
And in the above affidavit of William Lamont, Jr., in the 6th line from its beginning the word "that" interlined and in the 7th line the word he interlined and the word "and" erased - in the 8th line the words "in Solonville" erased - in the 9th line the words "in Solonville" erased and the words "in said county" interlined and the words "that this affidavit" in the same line erased and the word "said" in the 10th line erased and the three last words in the 14th line erased and the whole of the 15th line erased before sworn to. All of which I certify.
John Gebhard Jr. Clerk
And the 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 certify that they are acquainted with Daniel Clark, Ellen G. Foster & William Lamont Jr. and that they are Men of truth and veracity.
William Bachman
W. Mann Henry Shaffer
I John Gebhard Jr. Clerk of the court of common plea of the said county of Schobane do hereby certify that the foregoing contains the original proceedings of the said court in the matter of the application of Samuel Spaulding for a pension - Witness my hand and seal of office this sixth day of October 1832 - John Gebhard Jr. Clerk

SCHOHARIE.CU.NY.NOV 27
Revolutionary claims
FREE.
Sam C Spalding N.York December 3 rd
Hon. Lucy C. Capt. of War Washington
Post

Schoharie Nov. 2 1832
Dr. Sir:
In the month of October last, I forwarded one Samuel Spalding's pension papers, with some others. He has since procured some further proof of his revolutionary services, To wit, an affidavit of one Eli Root which I enclose to you, and which I have annexed to Mr. Spalding's declaration, that it may have its proper weight when his case is decided upon.
Yours respectfully
Hon. Lewis Cass Secretary of War.
Elias Collins

State of New-York Columbia Co. County, ss.
Eli Rood of the Town of Hillsdale in the County of Columbia and State of New-York being duly sworn according to Law doth depose and say that he is now acquainted with Samuel Spalding of the Town of Tullow in the County of Schoharie, and was ac- quainted with him during the Revolu- tionary war; and he knows that the said Samuel Spalding was in the service at the Taking of Bennington in Capt John M c Kinstry's Company in Colonel Harry Livingston's Regiment, this deponent does not recollect when they joined the Army but recollects they marched to- gether to Stillwater with the Army and was there during both Battles and then marched to Saratoga stayed there until the surrender of Bennington and then marched to Albany, and from thence a part of the Regiment marched to Esopus & a part to New Windsor this deponent was discharged at New Windsor he will remember a ball from the Enemy breaking the Stock of his gun at the Stillwater and this deponent further says that he is seventy five years old and that he fully believes that the said Spalding served in this
Your Three months - in Eli Rood Subscribed & sworn to This 31st day of Oct 1832 before me - - - Isaac M c Cagg, My Place

City of Hudson Columbia County ss
I certify that I am am well acquainted with Eli Root the person who has sub- scribed & sworn to the within affidavit that he is one of the most respectable inhabitants of our County, a man of Truth & Veracity & I have no do- ubt of the Truth of his statement
J M Cagg Sen. Dist.
State of New York Columbia County ss
Joseph D. Morell Clerk of the said County do certify that Isaac M c Cagg Esq. before whom the preceding affidavit purports to have been sworn was, at the date of same one of the Justices of the Peace in and for the said County - And that I am acquainted with his hand writing, and verily be- lieve, his name subscribed to the said Affidavit to be his proper hand writing and signature
Witness my hand and seal of Office this 30 th day of October 1832.
J. D. Morell

About a month after Mr. Sammie Spalding sent on his declaration he procured an affidavit of One Eli Root of Hillsdale, Columbia County, proving his services at the taking of Burgoyne in 1777. This affidavit forwarded to the Sec'y of War, Nov. 1. 25 th 1832 with a request to have it placed with Spalding's declaration that it might have its due weight when the case was decided. The papers were returned but that affidavit was not with them. If it is mislaid, or lost, and it is necessary to procure an other, in order to the allowing the three months service there in stated, Mr. Spalding can by some expense and trouble procure an other affidavit, if the person is yet living.
The credibility of one of the witnesses was not certified to by the court, his name having been left out, of the certificate, through mistake. The clerk who swore them in open court, had certified to the credibility of all.
If there is anything further, on the part of Mr. Spalding, absolutely necessary to be done, in order to entitle him to a pension, for fifteen months and twenty days service, and the papers are to be returned, the sooner they come back the better for him, as he is in the 78 th year of his age, and can expect to enjoy his pension but for a short time at best, let it come ever so soon.
Very respectfully Your Obed't Serv't
Elias Holliday
J. L. Edwards Esq.

Rev War
11444 INVALID.
File No. 11444
Samuel Spalding Rev War
Act: June 7 th 1832
Index:—Vol. a , Page 554
[Arrangement of 1870.]