Revolutionary War Pension and Bounty Land Warrant Application File R 6917, for David Marsh, Connecticut

SERVICE
bonn-
Marsh, David or Mash
NUMBER
R 6917
CONTENTS

31. 6 10
The application of David Mark for a pension
Has N. Selden G. Park. Binghamton N.Y.

State of New York
City and County of New York } ss: on this twelfth day of
November One thousand Eight hundred and thirty three personally appeared before the Honorable Richard Pitkin Recorder of the City of New York and Court of General Sessions now sitting David Nash at present a resident of said city and County but for the last twenty years a resident of Watavia in Genessee County in the State aforesaid aged Seventy Nine years, ten months and twelve days 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 th 1832:
That he was born in Newtown in the County of Fairfield and State of Connecticut on the Seventeenth day of January One thousand, Seven hundred and fifty four; That he enlisted in the militia at Newtown aforesaid as a Sergeant in the month of April One thousand Seven hundred and seventy five under the command of Captain Joseph Smith in the regiment commanded by Colonel Waterbury, under Brigadier General Wooster who was killed at the battle of Ratchfield in Seventeen hundred and Seventy Six. They went to St Johns, New Brunswick and took Fort St Johns then in the possession of the British. It was Arnold and Wooster, with Mays Hobbey and several others who led on the attack. That such first enlistment was for the term of eight months which he served out faithfully. One Seth Weed of the town of Crawford, New Haven County and State of Connecticut enlisted at the same time and served the same time. That in the year Seventeen

hundred and Seventy Six in April he enlisted for the term of Six months at Stamford under the same officers - Said Weed enlisting at the same time. He went with the army to Horse neck on the lines between New York and Connecticut and remained there for the Six months time for which he had enlisted to prevent the British who were in New York State from coming into Connecticut. During the time they remained there they had many skirmishes with the British in which men were killed and wounded on both sides. He was engaged in the battles of Ham bury and Ridgefield during the same Six months, and was within twenty rods of General Wooster when he was killed and saw him fall from his horse. Arnold was engaged in both battles, at Ridgefield while he was near him, his horse was shot from under him and fell against the petitioner. That in the year Seventeen hundred and Seventy Seven he enlisted again for Six months at Stamford abovementioned under Captain Mead, General Wooster's station being filled by General Mead of Horse neck at and about which place the the militia in which the petitioner was spent that Six months during which they had many skirmishes with the enemy; He still remained a Sergeant. Weed aforesaid still enlisted under the same command and at the same time. This Six months he also served out regularly. That in Seventeen hundred and Seventy Eight in April at Stamford aforesaid

he again enlisted under the command of Captain Nathaniel Webb in the regiment commanded by Colonel Matthew Mead who had been his Captain in 1770 - he still holding the office of Sergeant, and Weed enlisting at the same time. That he served with the army at and about Horse Neck, and was frequently engaged in some skirmishes with the enemy - that at that time he enlisted for four months, during which he received a dangerous wound, a ball passing completely through his neck, and was left for dead on the field. That he also received wounds with swords from two of the British officers during a skirmish, one of which was on the top of the head, another along the side of the right eye. That in Seventeen hundred and Seventy nine he again enlisted at Stanford in the month of April together with the aforesaid Weed still holding the office of Sergeant, under Captain John Waterbury in the regiment of Colonel Mead under Brigadier General John Moad and served six months, the term for which he enlisted at Horse Neck and thereabouts having frequent skirmishes with the enemy. In Seventeen hundred and Eighty he again enlisted under Captain Moad Baldwin in the regiment commanded by Colonel Mead - he still holding the office of Sergeant, and Weed enlisting with him. That he served six months then being the time for which he had so enlisted at Horse Neck and thereabouts still having engagements with the enemy. In Seventeen hundred

and Eighty one he again enlisted under the same last mentioned officers in the month of April at Stamford aforesaid, still holding the office of Sergeant. He served three months the period for which he enlisted, at Horse neck aforesaid and thereabouts; then retired from the Army. That he has had in his possession the Warrant which appointed him Sergeant as aforesaid but has lost it and knows not where it is. That the Seth Weed named in this declaration is the only fellow soldier he knows of, now living, and the officers, as he believes, are all dead.
Sworn in Open Court December 12 th 1833.
David his Mark Mack
W. Meigs Clerk of the Court of General Sessions of the Peace in & for the City of New York
City of New York ss I Henry Meigs Clerk of the Court of General Sessions of the Peace and of the Oyer and terminer. Do hereby certify that the foregoing contains the Original proceedings of the said Court in the matter of the application of David Mark for a pension
In testimony whereof I have here- unto set my hand and seal of office this twelfth day of December in the Year of our Lord One Thousand Eight-hundred and thirty three.
W. Meigs Clerk

We the subscribers Justices of the Superior Certify that we have in open Court examined David Marsh and we firmly believe and have no doubt that the Revolutionary services of said David are truly stated in his foregoing deposition Decr 12. 1833.
R. Wiles Recorder of the City of New York -
James Pabner Alderman 13 Ward
Samuel Dunfee Ald r 14 Ward City of New York

Orange County State of New York Bourn of Cranford Is: Seth Mark of New Haven County State of Connecticut being duly sworn before William Ender one of the Justices of the Peace of Cranford in the County of Orange is  the  above  named  Seth  Mark and says that that he the above named Seth Mark in the Revolutionary Army in the year 1775 in April for eight Months and that David Mark now of Genesee County State of New York Enlisted at the same time for the same term of time under Capt Joseph Smith in the Regiment of commanded by Col Waterbury under Brigadier General Wooster and served the whole term of time and in the 1776 under the same officers for six Months and they served together the whole time being in the Battles of Danbury and Redfield in 1777 they again Enlisted in the same Regiment under Capt Matthew Mead for six Months that the said David Mark served all that time and in 1778 they again enlisted for four Months under Capt Nathaniel Webb in the Regiment commanded by Col Matthew Mead and served that time at Horse Neck and in 1779 they again Enlisted under Capt Waterbury in the

Regiment commanded by Col Matthew Mead the Brigade by Gen Mead and that said David Nash served six Months with Deponent at Horse Neck 1700 they again enlisted for six months under Capt David Baldwin in the Regiment commanded by Col John Mead and served at the time at Horse Neck and Deponent further says that they served in the same Company all the time from 1775 to 1780 and that David Nash was a Sergeant all that time
Seth Weed
Subscribed and sworn
Nov 20 th 1833 before me
William P. Lord
State of New York Onondaga County } ss - I Asa Dunning clerk of the said County do certify that William P. Lord an Esq before whom the foregoing affidavit was sworn was at the date of the same a Justice of the peace in and for said County and that I am acquainted with his hand writing and truly believe his name subscribed to the said affidavit to be his true hand writing and signature —
Witness my hand and Seal of Office this 23 day of November 1833
Asa Dunning

31. 6. 40 David Marsh
W. E. Phelps for pf June 1834
Geo. Park Binghamton N.Y. Hon. D. D. Solden Home Refug N.Y.

WAR DEPARTMENT,
Pension Office,
Sir:
January 20 34
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.
whether any by reason of the will execute the duty
A Statement, shewing the Service of David Marsh
   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.     1775 " 8 Private Cot Wittenburg 79 years   1776 " 6 " Gen Woodhull St Johns   1777 " 6 " Capt Joseph Smith Hornbrook   1779 " 6 " Same officers   " 6 " Capt Mead   " 6 " " Wittenburg   " 6 " Cot Mead   " 6 " " Baldwin   " 6 " Cot Mead  
I am, respectfully,
Your obedient servant,
JAMES 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 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 to a  whomsoever annuity, except the present, and he declares that his name is not on the Pension Roll. _____ 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

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

Acts of July 14, 1862, and March 3, 1873.
REJECTED
6917
P. O. David Mark
Service: _____
Enlisted: _____, 18 .
Discharged: _____, 18 .
Application filed: _____, 18 .
Alleges: _____ _____ _____
Re-enlisted: _____ _____
Attorney: _____
P. O. _____ _____
_____ Recognized. _____ Contract.
_____ Cert. of Dis. Searched for _____, 18 .

New York
Rio. -
David Marsh
Suspended
let to Geo. Park. Aug 7
'34
6917

note Spring Sun
Aug 7.
FREE
NY
Hon. J. G. Edwards Commr. of Pensions Washington City

Binghamton, Broome Co. N.Y. Aug. 2 1834
J. L. Edwards Esq.
I beg leave to call your attention to the claim of the heirs of Amos Beecher for a Pension, The papers in support of which, were forwarded to the Department in Oct. 1833 -
I also enclose the claim of David Nash which the applicant hopes may receive the favorable attention of the department, he has been unceasing in his exertions to find living proof of his services but cannot succeed - his claim therefore rests solely on the enclosed Declaration
Very Respectfully Your Obedt Servt
Geo. Park

State of New York Rome County ss.
Personally appeared before me the undersigned a justice of the Peace David Marsh of Batavia in the County of Genesee and State of N. York who being duly sworn deposeth and saith that in pursuance of instructions from the Commission of Pensions he (traveled to Hartford in the State of Connecticut and) called on the Hon. Elisha Phelps Comptroller for proof relative to his said services in the Revolutionary War and this deponent saith that he was informed by said Comptroller that there were no records in his office on rolls of those who served for short periods of 8, 6, and 3 Months - This de- ponent saith he is by reason of Old age deaf and cannot tell precisely what Mr. Phelps said to him but that he understood him as above stated - And he further saith that said enquiry was made on the last of February last - David his Marsh mark Sworn and subscribed before me this 17 th day of March 1834
Geo. Park justice

State of New York
Broome County Y. I D. Marvin Clerk of said County do certify that George Park before whom the within affidavit purports to have been taken was on the date thereof a justice of the peace in and for said County, Also I am well acquainted with his hand writing And verily believe the signature of Geo Park is genuine.
In Witness whereof I have hereunto set my hand & seal of office this 26 day of April 1834
D. Marvin Clerk