Revolutionary War Pension and Bounty Land Warrant Application File S. 1,031, for James Johnson, New Jersey

SERVICE
NUMBER
New Jersey
Johnson, James
S. 1,031
Carded
CONTENTS

28.079 New Jersey James Johnson of Salem Co. in the State of N. Jersey who was a private in the Compy. commanded by Captain Dubois of the regt commanded by Col. Newcomb in the N. Jersey Mil. time for 11 months, for 1776.
Inscribed on the Roll of New Jersey at the rate of 36 Dollars. 66 Cents per annum. to commence on the 4th day of March, 1831.
Certificate of Pension issued the 15 day of Feb ry 1831 and sent to W. M. Jeffers Salem.
Arrears to the 4th of Sept 1833 $ 91.66 Semi-ant. allowance ending 10 mo 3 d 18.33
$ 110.00
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by Wm. H. Ellison Clerk,
Book 8 Vol. 3 Page 117.

Superior Court of Common Pleas of the County of Salem - of the term of December 1833.
Interrogatories administered to and answered by James Johnson of the County of Salem who is an applicant for a pension under the act of Congress of June 7th 1832. The interrogatories in the printed statement from the War Department hereunto annexed being regularly put to the said James Johnson he being first duly sworn did upon his solemn oath in open court answer as follows: viz:
1. To the first interrogatory deponent saith - He was born in the Township of Pittsgrove in the County of Salem and State of New Jersey, on the last day of October 1757. 2. To the second interrogatory deponent saith - He has a record of his age in his bible and which record was copied from the bible of his father, and that his age is recorded in his father's hand writing in the said bible of his father that he does not know what has become of the Bible of his father - but his own bible is in his hands in the Township of Lower Pembroke in this County. 3. To the third interrogatory deponent saith - That he lived in the Township of Pittsgrove in the County of Salem at the time enlisted into the Service of his country and from that day to this he has lived in the same County - that he now lives in the Township of Lower Pembroke in said County. 4. To the fourth interrogatory deponent saith - He enlisted in the Service, as a volunteer to defend his country in the month of June, /he cannot state the day/ 1776. That some time after his enlistment, he thinks more than a month, he was placed under the command of Captain Abraham Dubois, he does not recollect who commanded him before, but after Capt. Dubois took the command he joined the battalion or Regiment of Colonel Hawkins and commenced a march

for New York under the command of General Meard from there we marched to Long Island and was at the Battle of Long Island July 27 th 1776 and commanded by Lord Sterling and after the Battle retreated under the Command of General Washington back to New York and from there we marched up the North River to Fort Washington and was employed about six weeks in the erection of that Fort. From there we marched to the White Plains and was there at the time of the Battle of White Plains and after the Battle we marched to Paw- kill and from there to Fish kill which is higher up the river when we crossed and marched towards home - when we reached Haverstraw or Agraikanock we halted - and word come that we must return to Fort Lee and we marched there and he assisted in taking out the arms and military stores of that Fort. we then retreated thro' New Jersey and arrived at Trenton in the early part of December 1776 where he was discharged having served a period of six months. That his term of service as a volunteer commenced before he was attached to the flying Camp.
5 To the fifth interrogatory deponent said - That he had already named the officers whom he now remembers while he was in the regular service - That he was drafted in the militia in the summer / he cannot recall the month / of 1777 and was under the Command of Captain Cornelius Schuyler, and was soon transferred to the company of Captain Peter Duboise, that he served at Billingsport and marched from there to Philadelphia - we were then under the Command of Colonel Daniel Patten, who was taken by the enemy upon our retreat from that City; he was the same fall in the action or battle at Coopers Creek in the County of Gloucester - and he was the same fall in an engagement at Tomkins Stone house in the County of Gloucester - He was then under the Command of Capt. Jacob Dubois, having served four months this year - and in 1778, he volunteered in the militia under the Command of Capt. Joseph Hayward and marched to Haddonfield in the County Gloucester

Through Mount Holly to Monmouth and worked there immediately after the Battle of Monmouth. That he cannot safely state the time - thinks he volunteered for a month but served longer.
6. To the sixth Interrogatory deponent saith. That he presumes he had regular discharged but he cannot certainly remember if he had any or not - or by whom signed.
7. To the seventh Interrogatory deponent saith. That he is known generally to all the inhabitants of the County of Salem, to Daniel Garrison Esq. late member of Con- gress, to the Honorable the Judges on the bench and others, who can testify to my character for truth and veracity and to their belief of my services as a soldier of the Revolution.
And deponent saith. That he has been able to find but one witness by whom he can prove his services vs: Jeremiah Dubois Esq. one of the Judges of this Court whose deposition is herunto annexed.
Subscribed in open Court as offered and sworn { James Johnson
Robt. J. Johnson Pres. Judge
Sam L. James
Joseph Hancock
State of New Jersey } Joseph Rilea Clerk of the Inferior Court County of Salem } of Common Pleas for the County of do hereby certify that the foregoing Interrogatories were duly administered to the above named James Johnson in open Court and the several answers made thereto as written out and signed by the said James Johnson in open Court by affixing his proper signature and handwriting thereto and that the same is duly attested by the Judges of the

Said Court to wit - Robert G Johnson Presiding Judge for the ... Samuel L James and Joseph Hancock Judges of ... who have affixed their proper signatures thereto witness whereof I have hereunto set hand and the seal of the said Court tenth day of December in the Year our Lord One Thousand Eight Hundred thirty three
Joseph Kimball

County of Salem N. Personally came and appeared before me the subscriber one of the Justices of the peace in and for the County of Salem the Honorable Jeremiah Dubois one of the Judges of the Inferior Court of Common Pleas of the said County who being duly sworn doth depose and say - That he is well acquainted with James Johnson an applicant for a pension under the act of Congress of the 7th June 1832 - That the said James Johnson was born in the Township of Pittsgrove in the County of Salem and deponent believes him to be of the age of twenty seven years - That deponent is of the age of twenty three years and has known the said James Johnson all his life and remembers he enlisted or volunteered in the Company of Captain Abraham Dubois in 1776 - That the said Abraham Dubois was the uncle of this deponent and deponent recollects the time the Company was formed and believes it was the last of May or as early as the first of June - that they left Pittsgrove about the first of June and that he remained and believes they were gone and were in service for nine months - That he recollects said James Johnson returning home some time in the winter of 1777 and has no doubt he was out in the service for more than six months at that time.
And deponent further saith - That he was drafted in the militia under Capt. Jacob Dubois in the year 1777 deponent thinks in the month of July and that said James Johnson was drafted at the same time and that they marched together in said Company to Bellingham in this State, and from there to Philadelphia and retreated from that City when the enemy entered the same and deponent under the command of Colonel Daniel Potter and was in sight of Colonel Potter when he was taken by a detachment of the enemy - That they continued their retreat after the capture of Colonel Potter and crossed the river above Philadelphia when deponent being in bad health left the service having obtained

his discharge. That he left the said Jeremiah Johnson in the Prison - how long he remained therein deponent cannot say, he thinks several months - the time deponent was out with said Jeremiah Johnson was upwards of one month.
Jeremiah Dubois
Subscribed & sworn December 5 th 1833 Henry H. Elwell, J.P.
State of New Jersey County of Salem ss.
Joseph Pille Clerk of the Superior Court of Common Pleas of the County of Salem
do hereby certify that Henry H. Elwell Esquire before whom the foregoing affidavit was taken, was at the time of taking the same and now is one of the Justices of the Peace of the County of Salem and has full power and authority to administer Oaths and Affirmations and that the signature thereto of the said Justice is genuine and in his proper hand writing.
In witness whereof I have hereunto set my hand and the Seal of the said Court this tenth day of December One Thousand Eight Hundred and thirty three.
Joseph Pille Clk
County of Salem ss I Henry H. Elwell Justice of the peace of said County before whom the foregoing affidavit was taken do certify that the said Jeremiah Dubois Esq. is a highly respectable citizen & credible witness. January 10. 1834. Henry H. Elwell, J.P.

State of New Jersey County of Salem ss I Isaac Johnson Esq. Late Sheriff of the County of Salem aged Sixty two years being duly sworn doth depose and say, that he has known James Johnson from the infancy of deponent, and that he well remembers the time when the said James Johnson returned from the army during the revolutionary war, and that it was understood he had then preferred from a town of service, that he went out again after the time he alludes to - that it has always been understood that he was a revolution- ary soldier and that such is his reputation in the neighborhood - that deponent is not able to date the period of his service but is confident it was more than six months. That the said James Johnson is a man of high standing for truth and veracity and has been a member in good standing, for twenty five or thirty years past, of the Baptist Church of the town of Salem - and that he is now as deponent believes in the 77th year of his age.
Isaac Johnson
Subscribed & sworn this 13th day of January 1834. before me the subscriber one of the Justices of the peace of said County and I do hereby certify that the said Isaac Johnson is a highly respectable and credible witness, —
Henry H. Clwell, J.P.

State of New Jersey County of Salem ss I Joseph Rille Clerk of the Inferior Court of Common Pleas of the County of Salem do hereby Certify that Henry H Elwell Esquire before whom the foregoing affidavit was taken was at the time of the taking of said affidavit and now is one of the Justices of the Peace of the said County of Salem and duly authorized to administer oaths and affirmations and that the within signature of the said Justice is genuine and in his proper hand writing
In witness whereof I have hereunto set my hand and seal of the said Court this thirteenth day of January eighteen hundred and thirty four
Joseph Rille Clk.

State of New Jersey County of Salem ss Daniel Garrison Esquire late a member of the House of Representatives of the United States, from the State of New Jersey, being duly sworn doth depose and say - that he has known James Johnson of the Township of Lower Pennock in the County of Salem, for more than twentyfive years and that he is one of the most respectable Citizens in said County, and has of the time since deponent knew him as deponent believes been a member of the Baptist church and is in high standing. That deponent believes him to be seventy seven years of age and that he is fully entitled to credit in his statement as an applicant for a pension under the act of 1832 as his character for truth and veracity is unimpeachable.
Subscribed & sworn to this 13 th day of January 1834. upon me one of the Justices of the peace of Salem County - and I do hereby certify that the said Daniel Garrison is a highly respectable citizen and credible witness Henry H. Elwell J.P.
Dan. Garrison
State of New Jersey County of Salem ss I Joseph Kille Clerk of the Inferior Court of Common Pleas of the County of Salem do hereby certify that Henry H. Elwell Esquire

before whom the foregoing affidavit was taken was at the time of taking the same and is now one of the Justices of the Peace of the said County of Salem and duly authorized to administer oaths and affirmations and that the signature of the said Justice thereto is genuine and in his proper hand writing
In witness whereof I have hereunto set my name and seal of the said Court This Thirteenth Day of January Eighteen Hundred & thirty four
Joseph Brice Clk.

Application of Dennis Johnson of the County of Salem N. Jersey, for a Pension under the Act of 7 th June 1832.
26. 829—

Declaration in order to obtain the benefit of the act of Congress of the 7th June 1832.
State of New Jersey
County of Salem. Personally appeared before the Inferior Court of Common Pleas in and for the County of Salem and State of New Jersey being a Court of record with unlimited Common Law Jurisdiction. I, a resident of the County of Salem aged 75 years or more Daniel Johnson, 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 act of Congress passed June 7th 1832. That he enlisted in the Army of the United States under Captain Abraham Dubois in the month of June 1776 and commenced his march for New York to join the American Army the latter part of June or first of July of that year, the Regiment or Battalion was commanded by Col: Newcomb. From New York he marched to Long Island and was at the battle of Long Island July 27. 1776 that he was under the command of General Heald a part of the time, but was transferred or commanded by Lord Sterling at the time of the battle of Long Island and after the battle retreated under the command of Gen. Washington marched to Fort Washington up the North River and assisted in the erection of that fort. From Fort Washington he marched to White Plains and was there at the time of the battle of White Plains in October of the same year, and after the battle marched to Tarry Town or Peekskill crossed the North River at Fishkill and marched down to Fort Lee, and assisted in taking out the arms, military stores & removing the same from that Fort. That he continued from Fort Lee to retreat through New Jersey, halting at Hackensack and New Brunswick. That he arrived with the Army at Trenton in the early part of December where he was honorably discharged the term of his enlistment having expired. This discharge was about the first of December 1776 - and he served six months under said enlistment.
That he was drafted in the militia of New Jersey in the Summer of 1777 under the command of Capt Cornelius Mackie of the County of Salem and served one month at Billingsport in the County of Gloucester N. Jersey, and in the fall of same year he marched to Philadelphia under Colonel David Potter, and after the enemy entered Philadelphia he was under the command of Captain Jacob Dubois of the militia of Salem County.

and was in an engagement at Tonkin's Stone House in the County of Gloucester, and from there marched under Capt. Peter Dubois to Haddonfield in the County of Gloucester and was in the battle or engagement at Cooper's Creek in said County, having served four months during this year. and since
That in the year 1778 he was out under the command of Capt. Joseph Haverd marched into the County of Monmouth and marched there directly after the battle, he was also stationed at Haddonfield and served one month. That this deponent was born on the last day of October 1757. Consequently is in the 76th year of his age.
He hereby relinquishes every claim whatever to a pension or annuity except the present and he declares that his name is not on the Pension roll of any agency in any State. That he knows of no one by whom he can prove his service and the day of his discharge in open Court. } has no documentary evidence.
Charles Irving Pres. Judge
James Johnson
We William Mulford a Clergyman residing in the County of Salem State of New Jersey and William Irving residing in the same County do hereby certify that we are well acquainted with James Johnson who has subscribed and sworn to the above declaration; that we believe him to be twenty five years old last October - that he is respected and beloved in the neighborhood where he resides to have been a soldier of the Revolution and that we concur in that opinion.
Subscribed sworn this day of his discharge in open Court
William Mulford William Irving
Charles Irving Pres. Judge

And The said Court do hereby declare our opinion - after the investigation of the matter and after putting the interrogatories prescribed by the War Department, that the above named applicant held a revolutionary soldier and served as such. And the Court further certifies that it appears to them that William Mulford who has signed the preceding certificate is a clergyman resident in the County of Salem and that William Swing who has also signed the same is a resident in the said County of Salem and is a credible person and that their statement is entitled to credit.
State of New Jersey } County of Salem } ss
I Joseph Kille Clerk of the Inferior Court of Common Pleas in and for the County of Salem do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of James Johnson for a pension. -
In testimony whereof I have here unto set my hand and seal of Office this twenty sixth day of June in the year of Our Lord one thousand eight hundred and thirty three
Joseph Kille clk

James B. Hudson New Jersey
from 1776 pr. 11 months. $36.66 100.
W. Lefers Palmer N.D.

WAR DEPARTMENT,
Pension Office,
21 Oct 1890
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. 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 Ebenezer Johnson
   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.     1776 6 P. Capt Dubois Col. Newcomb   1777 4 P.   1778 1 P.  
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 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
Sir claimant belong to the militia of the Flying Camp in 1776? His service must none of the Flying camp were 5 months. Name of claimant

alleged service, as they are known at the Department. A very full account of the services of each person will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.
The Court will propound the following (m) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.
 1. Where and in what year were you born?  2. Have you any record of your age, and if so, where is it?  3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?  4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom?  5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services. 
6. { To a Soldier. { Did you ever receive a discharge from the service, and if so, by whom was it given, and what has become of it? { To an Officer. { Did you ever receive a commission, and if so, by whom was it signed, and what has become of it?
7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution.
The Court will see that the answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant.
The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons—one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion. If one of these persons is a Clergyman, the Court will so certify, and they will also certify to the character and standing of other persons giving such certificates.
The traditional evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party. And the Courts are requested to be very particular in the inquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
Applicants unable to appear in Court, by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court.
Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the Peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature.
No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.
[a] The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance.
[b] The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not conforming to the rule.
[c] The age of the claimant must invariably be mentioned.
[d] The declarant must mention the period or periods of the war when he served.
[e] Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had. Every claimant must state, with precision, the length of his service, and the different grades in which he served, in language so definite as to enable the Department to determine to what amount of pension he is entitled. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service; but, according to the best of his recollection, he served not less than the periods mentioned below, and in the following grades:—For _____ year _____ months, and _____ days, I served as a _____; 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.
specified unless proof is adduced. The claimant's will be found on Newkirk's rolls in 1777.

Rev War
INVALID.
File No. 1031.
James Johnson Pa. H. J. Miller
Act: June 7, 1862.
Index:—Vol. 2 , Page 193
[Arrangement of 1870.]

Salem N.Y. 16 Jan - 34
Sir,
I herewith return the papers of James Johnson an applicant for a pension - and the following additional documents. 1. Answers to the interrogations taken in open court and written out in full. 2. The affidavit of Jeremiah Dubois one of the Judges of our Court, proving the services of the applicant. 3. The affidavit of Isaac Johnson, late Sheriff of the County also proving the services of the applicant. 4. The affidavit of the Hon. Daniel Garrison late member of Congress, as to the high character of said applicant.
Allow me to hope these papers will as sufficient evidence to entitle the respectable applicant to the bounty of his country.
With high respect and consideration
Yours ob: Servt.
W. N. Jeffers.
J. L. Edwards Esq. Commission of Pensions