Revolutionary War Pension and Bounty Land Warrant Application File S. 23443, for Thomas Sweet, Rhode Island

SERVICE
NUMBER
Rel.
Sweet, Thomas
S. 23443
CONTENTS

New York 24.675
Thomas Sweet
of Delaware Co in the State of New York who was a private in the Company commanded by Captain Babcrook of the Regt commanded by Col Hawkins in the A. V. mil. line for 14 mos.
Date not on A.B.
CH 24 675
Inscribed on the Roll of New York at the rate of 80 Dollars 00 Cents per annum to commence on the 14th day of March, 1834.
Certificate of Pension issued the 3 day of Feby 1834 and sent to Hon. N. Johnson H Rep.
Arrears to the 14th of Sept 1833. $200.00 Semest. allowance ending March 34 40.00 $240.00
{ Revolutionary Claim, { Act June 7, 1832. }
Recorded by W. L. Williams Clerk Book 6 Vol. 4 Page 122

23983
Thomas Sweet New York
- I - O
24 mo pri
adm d
Hon. A. Johnson Matthew Leavitt Knappsville  Work

WAR DEPARTMENT,
Pension Office,
May 20 th
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 Thomas Sweet Delaware County NY
   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.   Yrs. Months. Days.     Enlist 1775 2 First Col Dyer Capt Walcock 42 years South Traditionary   Sub 1776 1 " Col Hawkins M c Officers Kingston Rhode Evidence only   Enlist 3 " " " Col Hawkins Col Barlow Can get no other Testimony  
I am, respectfully,
Your obedient servant, J. L. EDWARDS, Commissioner of Pensions.  Claimants are required by the regulations to produce the best evidence in their power & it can not be readily admitted that the above allegations of service are insusceptible of proof

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 alleged service, as they are known at the Department. A very full account of the services of each person

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

Thomas Sweet in a pension under the Act of 1832
23983
admd 24 mo. pri 80 $

State of New York Delaware County ss
On this tenth day of October 1832. Personally appeared in open court before the judges of the court of common Pleas in & for the County of Delaware now sitting Thomas Sweet a resident of the Town of Macclesfield in the County of Delaware State of New York aged 72 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 7 th 1832
That he entered the service of the United States under the following named officers & served as herein stated In May or June 1775 he was drafted as a Militia man in the town of South Kingston State of Rhode Island and joined his regiment at Little Fort in said State Colonel Dyer being the Commandant of the Regiment to which he belonged and Captain Henry Babcock commanded the Company of which he was a member one Gainer was the Lieutenant of the Company from Little Fort the Regiment to which he belonged marched to Bunker Hill near Boston and was at that place although not in the fort at the time of the Battle & took a part in the battle called Bunker Hill Battle after the battle the American Army being obliged to retreat and his two months for which he was drafted being expired he returned to his place of residence in South Kingston and remained there for some time when one Samuel Congell a man who was a neighbor was drafted for one month and he took the place of Congell and served the month out and was again discharged - and upon his return from Bunker Hill where he had been stationed he met Colonel Hawkins and enlisted under him in the Continental Service for three years which time he served out in full and got a Discharge from Colonel Barton who commanded the Regiment to which he belonged at the expiration of the three years for which he enlisted which Discharge is

27 Last after he enlisted he was stationed in a fort on Tomany hill situated on the island New Port Island near the city of New Port - when he resigned until the place was taken by the British forces after that he was stationed to guard the coast until the arrival of the French forces - when the island of Newport and the fort on Tomany Hill was retaken after a severe engagement with the British forces who were driven to their shipping in the engagement before men found Captain Bard commanded the Company to which he belonged had commanded it from the time this Regiment enlisted until that time but in the engagement he was killed while fighting by the side of this Regiment who also received a severe wound in the knee the loss of which is still visible which confined him in the Hospital about three weeks - after which he again rejoined his Regiment and continued with it in the Service until the expiration of the three years a part of the time he was stationed in the fort on Tomany Hill and a part of the time guarding the coast - while in the Service for three years he assisted in taking the British Ship Siren that had run aground at a Place called Point Judith & took from the Ship about 500 prisoners and a number of Cannon and stores he also assisted Colonel Barton in taking a British General from New Port Island while the British forces lay at that place where none he thinks if he recollects right was Prescott. after the expiration of the three years he returned home and continued to reside at South Kingston where he was frequently called upon to guard the shores until the Month of September 1782 when he removed to the town of Stephentown in the County of Rensselaer and State of New York in the same fall that he arrived at Stephentown he was drafted & went to fort Schuyler against the Indians and Tories but had no engagement nor saw anything of the enemy he was under Captain Shaw who was made a

passenger while this Deponent with a number of others was out of the fort upon a scout - upon their return he was out from home about 5 weeks upon his return home he remained there a short time and then received the news that Schobane was burnt & was ordered to march to that place which he did under the command of Colonel Freeman & was from home about a month but saw nothing of the enemy in addition to the affair before mentioned this Deponent says that at the time Captain Lord was killed and Stephen Wagon was the Lieutenant and after the death of the Captain Lord he thereon took the command of the Company he was born in South Kingston and resided there until he entered the army & continued to reside there until the year 1782 when he removed as before stated into the Town of Stephenstown County of Herkshire and State of New York where he resided for a number of years and from that place he removed to the Town of Russellville in Albany County where he resided about 7 years and from that place removed to the Town of Hasbury Delaware County where he has continued to reside until about 3 years since when he removed to the Town of Whitfield in said County of Delaware where he still resides - he never knew a Garrisonian nor are there any persons now living within the knowledge or recollection of this Deponent by whom he can prove his services in the Revolutionary war as above set forth - nor  has he any documentary or other written evidence has he any Documentary or other written evidence by which he can prove his services as before set forth 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
Sworn and Subscribed the Day and year aforesaid C B Sheldon Clerk
Thomas Jewett

He barely thinks  very  slender  relation to a person  or an annuity  except  the  rent  and
We Coale  Sweet and Matthew  Hale of the town of Middleton in the County of Delaware State of New York - hereby certify that we are well acquainted with Thomas Sweet who has submitted and sworn to the above declaration that we believe him to be 72 years of age that he is deputed and believed in the neighbourhood where he resides to have been a soldier of the Revolution and that we concur in that opinion - Coale Sweet Sworn to Subscribed the Day of Matthew Hale and year as aforesaid - C B Sheldon Clerk

State of New York Delaware County ss
On this 10th Day of October 1832 personally appeared in open Court before the Judges of the Court of Common Pleas in and for said County of Delaware Caleb Sweet of Middlesex in said County and being Duly Sworn Saith that he is now 47 years of age that he is not to his knowledge in any way related to Thomas Sweet, whose Declaration is hereto annexed he was born in the County of Kent in the State of Rhode Island and Resided there until he was 27 years old when he removed to the town of Stephen Towne Rensselaer County and State of New York into a settlement principally composed of people from the County where they Discontinued here at which place he first became acquainted with the above mentioned Thomas Sweet it was and always has been generally understood that the said Thomas Sweet was a Soldier of the Revolution this Deponent has frequently heard it talked of as near to his knowledge as recollection has permitted he has heard Rowland Hall Esq. Nathan Goudner John Reynolds Stephen Reynolds and a number of others who are now Dead but who were living in the time of the Revolution, speak of Thomas Sweet as being a Soldier of the Revolution and they always spoke of him in terms of the highest commendation and this Deponent from what he has generally understood has no doubt but what he did serve as set forth in his Declaration.
Sworn & Subscribed the day and year aforesaid Caleb Sweet B. Sheldon Clerk

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 said Court further certifies that it appears to them that there is no living man residing in the immediate vicinity of this applicant and that Caleb Sweet and Matthew Hubbell both residing in the town of Middlesex who have signed the preceding certificate are credible persons and that their statements are entitled to credit -
I Crawford B Sheldon Clerk of the Court of Common Pleas in and for the County of Delaware and State of New York do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Thomas Sweet for a pension
In testimony whereof I have hereunto set my hand and Seal of said Court this tenth Day of October 1832 C B Sheldon Clerk.

Resolution
23443
INVALID.
am
File No. 23443
Thomas Sweet
Pro Rev 1840
Act: June 7 th 39 th
Index:—Vol. 2 , Page 107
[Arrangement of 1870.]

Affidavit of Thomas Lunt

State of New Delaware County } }
Whereas Thomas Stuart a resident of the town of Middletown in the County of Delaware Did on the 10 th Day of October 1832 make a Declaration before the Court of Common Pleas in & for the County of Delaware in order to obtain the benefit of the act of Congress of the 7 th of June 1832 was therefore for the purpose of amending said Declaration the said Thomas Stuart further deposes and says. That in 1776 when he was a substitute for one month for George as set forth in his aforesaid Declaration and was stationed at Saratoga where Captain Cooper commanded the Company of which this Deponent was a member & Colonel Ray commanded the Regiment to which the company belonged and this Deponent further deposes and says that at the time he made his aforesaid Declaration he did not mean by using the language that he enlisted in the Continental Service under Colonel Hawkins for three years to be understood as having enlisted in the regular Continental army for he never belonged to the Regular Troops but volunteered or enlisted under the aforesaid Colonel Hawkins who then belonged either to the State Troops or Militia for three years which term of three years this Deponent says he was constantly on duty and served as set forth in his aforesaid Declaration except at the time mentioned therein when he received his wound which upon more mature reflection he believes to have been in what was then termed Sullivan's expedition and this Deponent further says that about 3 years ago he received a severe wound upon his head by a fall from a horse which has greatly impaired his memory and in consequence of which he may be mistaken in some of the details of his said former Declaration and also as to some of the dates or periods of his services but according to the best of his recollection he served not less than the period

Mentioned below and in the following grades - for three years and five months he served as a private Soldier and for such Service he claims a pension This Deponent also further says that when he made his aforsaid Declaration he did not know of a living witness by whom he could prove any part of his services but he has since accidentally heard that one William Sweet who he had supposed to be Dead for many years was still living and he has proceeded in procuring his affidavit to a part of his services which is forwarded herewith -
Sworn and Subscribed } Tho. Sweet before me the 31 st Day } of December 1833 - }
Matthew Hale C.P.
State of New York County of Delaware
I Crawford B. Sheldon Clerk in and for the said County do certify that Matthew Hale Esq. the person before whom the foregoing affidavit purports to have been sworn was at the date of the same a Justice of the Peace in and for the said County, Commissioned and Sworn, and that I am well acqu- ainted with the handwriting of the said Justice and that his name subscribed to the said affidavit is his proper hand writing and signature. Witness my hand and seal of office this third day of January 1834. C. B. Sheldon Clerk

Affidavit of William Sutt.
30

State of New York } Rensselaer County ss. }
William Sweet of the town Berlin in the County of Rensselaer and State of New York aged 72 being duly sworn Deposeth and saith that in 1776 he Resided in the town of South Kingston and State of Rhode Island and continued to Reside there until 1780 during which time he was well acquainted with Thomas Sweet whose Place of Residence was then at the same Place but who now Resides in the town of Middletown county of Delaware and State of New York that he the Deponent is knowing within his own personal knowledge of the said Thomas being engaged as a Private Soldier in the service of the United States at least eighteen months during which time the Deponent was also in the service and was frequently engaged on duty with the said Thomas at one time in particular upon what was called Sullivan's expe- dition and at another time in taking the British ship Tyger which Ran ashore on Point Judith. he also Deposes and says that he understood he knew and still understands and believes that the said Thomas Sweet was engaged in the service of the United States longer than he had any personal knowledge of but how much longer he cannot now say but he has no hesitation in saying that according to what he then understood it must have exceeded two years Service he knows that the said Thomas was stationed a part of the time on Townsend Hill and a part of the time guarding the coast coast Sworn & subscribed before me William Sweet on this 25 th day of November 1883 — John Whitford Justice peace

I certify that I am personally acquainted with William Sweet who subscribed a Sworn to the foregoing affidavit and that he is a creditable person and that his statements are entitled to credit -
John Whitford Justice peace
State of New York Rensselaer County ss. I, Henry R. Bristol, Clerk of the said County do certify that John Whitford Esqr. before whom the foregoing affidavit purports to have been sworn was at the date of the same One of the Justices of the peace in & for the said County of Rensselaer Also that I am well acquainted with the handwriting of the said Justice and verily believe his signature above written to be genuine In Witness whereof I have here unto set my hand & affixed the seal of the said County this 26 th day of November A.D. 1833
Henry R. Bristol Clerk