Revolutionary War Pension and Bounty Land Warrant Application File S. 5510, for Eleazer Hurd, New Hampshire

SERVICE
NUMBER
N 26
Hurd Eleazer or Heerd
85510
CONTENTS
carded

14274 New York
Eleazer Hurd
Eri. Co. in the State of N.Y. who was a private in the Comp y . commanded by Captain Sawyer of the Reg t commanded by Maj r Whitcomb in the time for 2 years
Eleazer Hurd. N.Y. service, May 7, 1844 Records corrected.
Inscribed on the Roll of New York at the rate of 80 Dollars Cents per annum to commence on the 4th day of March, 1831.
Certificate of Pension issued the 16 th day of May 1833 and sent to H. J. Richfield. Town of Enn. Eri. Co. N.Y.
Arrears to the 4th of March 1833 $ 100.00 Semi-ant. allowance ending 4 Sept 1833 . . 40.00 $ 140.00
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by George Taylor Clerk Book E. Vol. 4 Page 60

Elazer Hord
23956
Call by
23956 23956 23956

State of New York County of Erie 3p On this 4 th day of December in the Year 1832 Personally appeared in open Court before the Honorable Court of Common Pleas in and for Said County of Erie now sitting at Cheektowaga a resident of the Town of Eden County of Erie and State of New York aged Seventy four years who being first duly sworn according to law doth on his oath make the following declaration in order to secure obtain the benefit of the Act of Congress Passed June 7 th in the year 1832. That he entered the Service of the United States under the following named officers and served as herein stated - That this deponent was born on the fifteenth day of August in the year 1758 at the Town of Roxbury County of Suffolk and State of Connecticut That in the month of April in the year 1775 this deponent removed from said Town of Sandgate Roxbury to the Town of Sandgate County of Bennington and State of Vermont (then New Hampshire Grants) That on or about the first of April 1778 at said Town of Sandgate he enlisted as a private and volunteered to serve nine months in the Militia under Captain Jesse Sawyer Lieutenants John Sawyer Ensign Blankin and Groom Whitecomb That the Regiment in which this deponent served was stationed at Rutland Rutland County Vermont during this term That the Company to to which this deponent belonged and other Companies of the Regiment were employed as scouting parties on the borders of Lake Champlain during this term of service and while the British were in possession of Ticonderoga That this deponent left the Service on or about the first of January in the year 1779. That on or about the first of April in the year 1779 at said Town of Sandgate this deponent enlisted as a private and volunteered to serve nine months under Captain Bladget That immediately after enlistment

he marched to the Town of Pittsford Rutland County Vermont That the Company to which this deponent belonged was stationed at Pittsford aforesaid and employed as a Scouting Party during the term of Service in the vicinity of that Town and on the Shores of Lake Champlain while the Enemy had possession of Fort Ticonderoga That there were no other Companies at said Town of Pittsford during this term of Service That he does not recollect the names of the Company officers other than the Captain and recollects the names of none of the other  officers officers of the Regiment to which his Company belonged That this deponent left the Service on or about the first of January in the year 1780 That on or about the first of September in the year 1780 at the Town of Castleton County of Rutland and State of Vermont he enlisted as a private and Volunteer Service Six Months under Captain Hurlburt That the Company to which this deponent belonged during this term of Service was employed as a Scouting party in the Towns aforesaid and in the vicinity of Lake Champlain while the British had possession of Ticonderoga and That this deponent finally left the Service on or about the first of March in the year 1781 That this deponent served two years in the whole as a Soldier in the Service of the United States during the Revolution That this deponent recollects General Ethan Allen and Colonel Seth Warner of the Continental Troops during deponent's Service That he has no documentary evidence and knows of no person whose testimony he can prove who can testify to his Service That he has a record of his age in his possession and that he received no discharge from Service That Horace Johnson and Ellsworth Manly live in deponent's present neighborhood who deponent thinks can testify to his Character for Veracity and their belief of his

Services as a Soldier of the Revolution He hereby relinquishes every claim whatever to a pension or annuity except the present and declares that his name is not on the pension roll of the beginning of any State. That this deponent lived in Said Town of Sandgate County and State aforesaid from April in the year 1775 till the Sixteenth day of June in the year 1838 when he removed to the Town of Eden County of Erie and State of New York where he has since resided.
Ebenezer D. D.
Sworn and Subscribed This fourth day of December in the year 1832 Noah P. Sprague Clerk of our Common Pleas
We Heman Johnson and Alonzo Manly residing in the Town of Evans County of Erie aforesaid hereby Certify that we are well acquainted with Ebenezer D. D. who has Subscribed and sworn to the above declaration; That we believe him to be seventy five years of age; That he is respected and beloved in the neighborhood where he used to have been a Soldier of the Revolution and that we concur in
Heman Johnson
That opinion Sworn and Subscribed Alonzo Manly
the day and year aforesaid Noah P. Sprague Clerk of our Common Pleas 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 Certify that it appears to them that Heman Johnson and Alonzo Manly who have signed the preceding Certificate reside

in the Town of Ewing County and State aforesaid and an Aedable persons and that their Statement is entitled to Credit.
Noah P. Sprague Clerk of the Court of Common Pleas in and for Said County of Erie do hereby Certify that the foregoing Certifies the original proceedings of the Said Court in the matter of the application of Eliza Hud for a pension.
In testimony whereof I have hereunto set my hand and seal of office this 4th day of December in the year 1852.
Noah P. Sprague Clerk of Erie County
Eliza Hud 23956

23926
Eliza Herd State of New York
W. I. Redfield Town of Eden Erie County NY

WAR DEPARTMENT,
Pension Office,
Sir:
The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in a tabular form. On comparing these papers with the following rules, and the subjunctive notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will shew what is necessary to be done. These points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus: { ). You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your claim.
A Statement, shewing the Service of Eleazer Hurd Erie County, New York
   Period when the service was rendered. Duration of the claimant's service. Rank of the claimant. Names and Rank of the Company officers under whom he served. Names and Rank of the General and Field officers. Battles in which the applicant was engaged. Country through which he marched. Place of abode when he entered the service, and age at the present period. Evidence by which the declaration is supported.   Years. Months. Days.     Enlisted 1778 — 9 " privt Capt Sawyer M aj Whitcomb — Scouting on Lake Champlain 24 years Traditionary   Enlisted 1779 " 9 " " Blodgett — — do Landgate Ordinance   ~ 1780 " 6 " " Hutchins — — do State of Vermont Major General   Can get no other testimony  
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 day and year aforesaid.
[And then will follow the certificate of the Court.] And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that A. B. who has signed the preceding certificate, is a clergyman, resident in the and that C. D., who has also signed the same is a resident in the and is a credible person, and that their statement is entitled to credit.
I, Clerk of the Court of do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this day of &c.
Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction.
If such surviving witness cannot be found, the applicant will so state in his declaration (l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his alleged service, as they are known at the Department. A very full account of the services of each person

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

DEPARTMENT OF THE INTERIOR,
BUREAU OF PENSIONS.
9.7. 3-3-10
Washington, D. C., _____, 19_____
In reply to your request of _____ received _____ for a statement of the military history of Ebenezer Hurd a soldier of the REVOLUTIONARY WAR, you will find below the desired information as contained in his (or his widow's) application for pen- sion on file in this Bureau.
   DATES OF ENLISTMENT OR APPOINTMENT. LENGTH OF SERVICE. RANK. OFFICERS UNDER WHOM SERVICE WAS RENDERED. STATE.   CAPTAIN. COLONEL.     Apr. 1. 1778 Jan'y 1. 1779 Pvt. Jesse Sawyer Major Whitecomb N.H.   Apr. 1. 1779 Jan'y 1. 1780 Blodgett   Sept. 1. 1780 March 1. 1781 Hutchins  
Battles engaged in, _____
Residence of soldier at enlistment, Sandgate, Bennington Co. Vt.
Date of application for pension, Dec. 4. 1832. His el. was al.
Residence at date of application, Eden, Erie Co. N.Y.
Age at date of application, b. Aug. 15. 1758 at Roxbury, Litchfield Co. Conn.
Remarks: No data as to family.
Respectfully,
Commissioner.

Rev War
5510 INVALID.
1963 Aug 12 Hist. to Mrs. Louise R. War. Letter in P.F. 1305-5-George Fols. V.L.M.
File No. 5518
Eleazer Hurd  ★ in Rev War
Act: June 7 th 32
Index:—Vol. M , Page 169
[Arrangement of 1870.]
Eleazer Hurd  ★ N.H. Service, May 7 1904. Records corrected.