Revolutionary War Pension and Bounty Land Warrant Application File S. 18,901, for Nathaniel Jenkins, Massachusetts

NUMBER
Mass
Jenkins, Nathaniel
S. 18,901
CONTENTS
Carded.

Certificate of birth of Nathl. Jenkins.

I hereby Certify that Nathaniel Jenkins was born in Barnstable October 22 nd A.D. 1758 as appears from the records of said Town
Attest Josiah Hinckley } Clerk of the Town of Barnstable
Barnstable 18 th Oct 1832
1762

#6  M c  Nathaniel  Jenkins of Barnstable in the State of Mass who was a pri d Mus d in the Compy y commanded by Captain Lewis of the Brig commanded by Colo Freeman in the Mass line for 15 Months pri d 6 " Musician
Enrolled on the Roll of Mass at the rate of 72 Dollars — Cents per annum, to commence on the 4th day of March, 1834.
Certificate & Pension issued the 1 st day of May 1834 and sent to  Hono. John Reed H o of Repre s Arrears to the 4th of Mar. 1834 $216 Semi-ant. allowance ending 1 st Sep r " 36 $2 52
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by George Taylor Clerk, Book C Vol. 2 Page 39

30355
Nathaniel Jenkins
Hono. J. Reed
H. R.

Commonwealth of Massachusetts.
County of Barnstable ss.
On this Twenty first day of September
in the year of our Lord one thousand eight hundred and thirty two, personally appeared in open court before the Honorable N Marston Judge of Probate Court now sitting at Barnstable in and for said County, Katharine Jenkins a resident of Barnstable in said County, aged Seventy three 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 act of Congress passed June 7th, A. D. 1832.
6 That he was born at Barnstable in the State of Massachusetts on the Twenty second day of October A. D. 1775, and that there is a record of his birth a copy of which he sends with this that he was in the United States service from the last day of May A. D. 1775, to the last day of November A. D. 1775 as a Musician in the Militia or State service : that he was residing at Barnstable in Massachusetts when he entered the service; that he Enlisted for six months and served for the period aforesaid under the command of Col Micah Hamlin, Benjamin Smith Lieut: - the service After we entered into the service we were stationed three months at Barnstable that he marched from to guard the coast & harbor at Barnstable, we then marched to Plymouth to guard that Place where he served three months - There were none of the regular troops; and none of the regular officers known to him: that he was in no battle
and at the end of his service received a discharge but not in writing : that he left the service on the last day of November A. D. 1775 and that since the Revolutionary war he has resided at Barnstable
8 ALSO: that he was in the United States service from the first day of April A. D. 1776, to the first day of December A. D. 1776 as a Musician in the Militia or State service that he was residing at Barnstable when he entered the service; that he Enlisted for Eight months and served for the period aforesaid under the command of Col John Francis James Blossom Lieut: : that he marched from Barnstable to Falmouth & then crossed over in a boat to the Island of Nauset one of the Elizabeth Islands in the sound where he was stationed with the company to guard the coast against the attacks of the enemy & there were no regular officers known to him: that he was in no battle
that at the end of his service he received a discharge but not in writing and left the service on the first of Decemr A.D. 1776 - Col Francis Commanded the company a part of the time & Lieut Blossom the remainder
3 ALSO: that he was in the United States service from the first day of September A. D. 1777, to the first day of December A. D. 1777 as a Private in the Militia or State service that he was residing at Barnstable Massachusetts when he entered the service; that he Enlisted for three months and served for the period aforesaid under the command of Col George Lewis Colk Freeman was Lieut: Col.
: that he marched from Barnstable to Green town & remained there three months, that he & two more of his company were Zachary Jenkins & Joseph Kays enlisted in the advance guard when the attack was contemplated upon R. Island, he with others took the boats & rowed up & down the river but our army of the regular troops made no attack as they were discovered by the enemy & fired upon & several were killed, There was a considerable army there but they did not now need any of the regular officers known to him: that he was in no battle except in the boats as above mentioned
that at the end of his service he received a discharge but not in writing and left the service on the first of Decemr A.D. 1777

Also that he was in the United States Service from the first day of March AD 1777 to the first day of July AD 1777 as a private soldier in the Militia or State Service that he was residing at Barnstable in the State of Massachusetts when he entered the service; that he enlisted for four months & served for that period & was discharged on the first day of July AD 1777 after he had served his time out under the command of Capt. Oliver Steele ————— Cochran. Lieut.
That he marched from Barnstable to Falmouth & then crossed over to the Island of Nashawtucket where he remained all the time above mentioned to guard the Island at the end of his service he was discharged but not in writing & left the service on the first of July AD 1777 —
He further states that in Jan. 1777. that Joseph Dyer Brigadier General of the Militia obtained two field pieces or small cannon from the Govern- ment of Mass. & brought them to Barnstable to defend the sea board of the County of Barnstable against the attacks of the ships & landing of the

See further deas that in Janry 1777. that Joseph the Brigadier General of the Milia obtained two feld pins or small cannon from the Govern- ment of Mass & brought them to Barnstable to defend the sea board of the County of Barnstable against the attacks of the ships & landing of the British. Twenty men were enlisted to manage said cannon & I was one. We enlisted on the first of Jan 7. AD 1777 under the command of Capt Micah Hamblen & I served in the company until March 1777 when I was discharged in order to go to Nashua as abovementioned - While in said company we marched & carried the feld pins repeatedly to Falmouth. after my return from Nashua I again attached myself to said Company & did service therein until I enlisted to go to Tiverton. After my return, I again served in said Company, but for how long a period I cannot state. I do not recollect that I enlisted for any particular period, but did frequently march'd with said Company to Falmouth at alarms, sometimes being gone one or two weeks and at one time I recollect of being absent between three and four weeks. Micah Hamblen commanded said Co.
I am well acquainted with the Rev Enoch Pratt, my Clergyman, & Benjamin Hallet Esq. who can both testify as to my Character & the reputation of my services in the revolutionary war.
He hereby relinquishes every claim whatever to a pension or annuity except the present, and declares that his name is not on the pension roll of the agency of any State.
Nathaniel Jenkins
Sworn to and subscribed the day and year first aforesaid.
Almon Davis Reg
We Enoch Pratt
residing in the Barnstable
Minister of the Gospel and Benjamin Hallet
residing Barnstable
hereby certify that we are well acquainted with Nathaniel Jenkins who has subscribed and sworn to the above declaration; that we believe him to be seventy three 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. We further testify he is a man of truth.
Sworn and subscribed as aforesaid.
Almon Davis Reg
Enoch Pratt Benjamin Hallet Esq.
And the said court do hereby declare their opinion after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the abovenamed applicant was a revolutionary soldier and served as he states. And the court further certify that it appears to them that Enoch Pratt who has signed the preceding certificate, is a Clergyman resident in the town of Barnstable; and that Benjamin Hallet Esq. who has also signed the same is a resident in the town of Barnstable and a credible person; and that their statement is entitled to credit.
Nathaniel Jenkins - Judge
I Almon Davis Reg of the Court of Probate do hereby certify that the foregoing contains the original proceedings of the said court in the matter of the application of Nathaniel Jenkins for a pension.
In testimony whereof I hereunto set my hand and seal of office on the day and year first aforesaid.
Almon Davis, Reg

Barnstable ss.
Probate Court at Barnstable
April 10th A.D. 1834.
Personally appeared in open court Nathaniel Jewett of Barnstable in said county who made a declaration for a Pension under the Act of Congress of June 7th A.D. 1832, in Probate Court September Dist. 1832; and being first sworn testifies & says, — that from lapse of time & decay of memory he cannot state with much more precision the times of services in the Cannon Company in the year 1777 & afterwards, than he has already done in his said declaration. He now restates & says upon oath, that he first enlisted at  in in said company some time in the month of January 1777, but he cannot state the precise day and remained in it until the first of March 1777; That he then enlisted again in the said company once a few days after his return from Nauskauw, to wit , a few days after the first of July 1777, but he cannot state the precise day, and remained in said company until about the first of September 1777 when he enlisted to go to Tiverton, but cannot state the precise day of his discharge. — When he returned from Tiverton a few days after the first of December 1777, but cannot state the precise day, he again enlisted in the said company and continued to belong to the same for the period of a year or more (as nearly as he can now recollect) afterwards; That he was neither during the first, second or third period of his enlistment in said Cannon Company

was he in constant actual service, but that he was always obliged to be in readiness to march at a moments warning, and was frequently called out and did march many times to Falmouth in the course of each of said periods of enlistment. That he feels certain that the whole amount of his  actual service in marching to & from Falmouth on alarms, and while there, in the said company with the said Cannon, was  at least two months, and he thinks & feels confident was much more, but he cannot state with certainty. — He was some times gone one week — sometimes more — and at one time he was gone between three & four weeks .
Nathaniel Jenkins
Subscribed & sworn to in open court the day & year first aforesaid, Witness my hand & the seal of the said court of Probate
Almon Davis, Regr
The said Nathaniel Jenkins further saith on oath that he during his service in 1775. Nathaniel Freeman of Sandwich was his Colonel though while he was stationed at Plymouth, a Major had the command whose name he does not recollect, & that when he served at Mansham in 1776 and 1777 he understood that the same Freeman was his Colonel, though he was not present there in command, there being no higher officer there in command than Captain. That when he served at Tiverton in 1777, the same Freeman was there present in command as Colonel of his Regiment. And during the time of his service in the Cannon Company, the same Freeman was Colonel. —
Subscribed & sworn to as above in open Court
Almon Davis, Regr
Nathaniel Jenkins

P 18901
INVALID.
File No. 18,901
Nathaniel Jenkins
Dec 29 61
Act: June 1862
Index:—Vol. 1 , Page 193
[Arrangement of 1870.]

I Burles Crocker of Barnstable in the State of Massachusetts, aged Seventy Eight years do testify & say, that I was a Revolutionary soldier, that I enlisted in the militia or States Service the last of May 1775 under the command of Capt Micah Hamblin. Bense Smith Lieut. I enlisted for six months and remained three months guarding the town of Barnstable & then march d to Plymouth where I continued three months - Nathaniel Jenkins who is an applicant for a pension, was then and ever since has been my neighbor - he enlisted in the same company, at the same time and served for the same period that I did -
I further testify that I was in the United States Service in the Spring, Summer & Autumn of 1777 in the Company under command of Capt. Elisha Sturgis on the Island of Nauset - During a part of the time while I was there, the aforesaid Nathaniel Jenkins was a soldier with me in the same Company, but I do not now recollect for how long a time - And further the deponent saith not. Burles Crocker

Commonwealth of Massachusetts
Dr. Hables
Probate Court at West Barnstable January 2d. A.D. 1834
Personally Appeared in Open Court the within named Ivan Brooker, and made solemn Oath to the truth of the within Deposition by him subscribed in Open Court. And I certify, that in the Opinion of the Court, the said Deponent is a Credible Witness.
In testimony whereof I have hereunto set my hand & affixed the seal of the said Probate Court the day & year aforesaid

I Zaccheus Jenkins of Barnstable in the county of Barnstable & State of Massachusetts aged eighty five years do testify and say that I was engaged as a soldier of the Revolutionary war a number of campaigns and Nathaniel Jenkins of the same town & neighborhood was with me several times, as follows — We enlisted together the last of May AD 1775 un- der the command of Capt Micah Hamlin. Benj. Smith Lieut. in the State Service. We enlisted for six months & served together that time. We were three months at Barnstable & three months at Plymouth —
I further testify that I enlisted under Capt John Grannis the first of April AD 1776 James Blossom was 1 st Lieut. I enlisted for eight months. Nathaniel Jenkins enlisted for the same time We marched together & went to the Island of Naskau one of the Elizabeth Islands in the Vineyard Sound and we remained the eight months and came home together. I also served three months at Freetown ne Rhode Island & Nathaniel Jenkins served with me that time in the same company. We enlisted at Barnstable the first of Sep 1777 & returned together. (Continued over)

I further testify that I enlisted in the State service on the first of March A.D. 1777 & served until the first day of July A.D. 1777 I served four months under Capt. Aye Nathan iel Jenkins enlisted at the same time & served with me & we returned home together —
Lachus his Jenkins mark
Commonwealth of Massachusetts
Sworn to me
Probate Court at New Barnstable January 22 d . 1834
Personally appeared in open Court the above named Lachus Jenkins, and made solemn oath to the truth of the foregoing deposition by him subscribed in open Court. And I certify, that in the opinion of the Court the said deponent is a credible witness
In testimony whereof I have hereunto set my hand & affixed the seal of the said Court of Probate, this day & year aforesaid

3 Alvan Jenkins of Barnstable in the State of Massachusetts aged twenty two years testify and say that in the month of January 1777 or about that time Brigadier Joseph Otis sent to Boston and obtained two field pieces or small cannon to defend the Seaboard against the enemies vessels. Twenty men were enlisted to manage said guns and Nathaniel Jenkins of Barnstable who is an applicant for a pension, was one of those who enlisted soon after the guns came to Barnstable and served some time but I cannot state how long he served before I enlisted in S o Company. I enlisted in that company in Sep r 1777 and served in it two years - and while I was in the company said Nathaniel Jenkins enlisted again in it again , but I cannot state precisely at what time but he was in the company with me for a considerable period. I perfectly well remember that we marched to Falmouth together many times - I recollect that once when we were there together our com- pany had a smart engagement with seven small vessels of the enemy who fired on our breastwork - we were at Falmouth sometimes a day or two and sometimes a week or two and once over three weeks at one time - Lieut. Hamble was Capt. Alvan Jenkins

Commonwealth of Massachusetts
Barnstable p.
Probate Court at West Barnstable
January 22 d . 1834
Personally appeared in Open Court, the within named Alvan Jenkins and made solemn oath to the truth of the within deposition by him subscribed in Open Court. And I certify that in the opinion of the Court, the said deponent is a credible witness.
In testimony whereof, I have hereunto set my hand & affixed the seal of the said Court the day & year aforesaid
Almer Davis, Ruler

Commonwealth of Massachusetts.
Secretary's Office, March 7 th 1834.
54 24 * hereby Certify, That, from an examination of the Books and Documents, relating to Military Services in the War of the Revolution, which remain in this Department, it appears that the name of Nathaniel Jenkins, as a Drummer, is borne on Capt. Micah Hamlin's Pay Rolls where he is allowed from July 7 th to the 31 st of December 1775. £ 12-12-9 1/2- as a private, Nathaniel Jenkins' name is borne on a Muster Roll of Capt. John Grannis' Company, where he is allowed from June 1 st to the 21 st of November 1776. five Months and twenty one days. 5.25 Nathaniel Jenkins claims for services under Capt. George Lewis in 1777 and under Capt. E. Nye in 1777. but the rolls he describes are not found in this Office. Nathaniel Jenkins' name is borne on a Pay Roll of Capt. Micah Hamlin's Company, where he is allowed in Sept 1779. five days. ————— 5. Eduard D. Bangs

30355
Nathancee Jenkins Maps
Private 15 mos Musican 6 mos Admitted
Ho. J. Acce # of Representation

WAR DEPARTMENT,
Pension Office,
April 7. 1832
Sir:
The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in a tabular form. On comparing these papers with the following rules, and the subjoined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will shew what is necessary to be done. Those points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus: { ). You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your claim.
A Statement, shewing the Service of Nathance Jenkins  Maps
   Period when the service was rendered. Duration of the claimant's service. Rank of the claimant. Names and rank of the Field officers under whom he served. Age at present, and place of abode when he entered the service. Proof by which the declaration is supported.   Years. Months. Days.      
I am, respectfully,
Your obedient servant,
JAMES L. EDWARDS,
Commissioner of Pensions.
Please return this paper

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.
The service guarding the coast (with the field piece) is sufficiently this paper is sent to guide the Applicant in making his declaration

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 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 _____"
It is important, in all cases, to determine with precision the period for which each applicant served, and the particular grade in which he served. The use of the phrase "about three or four months," 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 [j] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in note [j] applies to continental troops only.
[l] This traditional evidence is indispensable in militia cases.
[m] If a witness cannot be found, the declarant must state the fact.
[n] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.
Sheffield reference is particularly requested to the direction mentioned there