Revolutionary War Pension and Bounty Land Warrant Application File R. 6316, for Jacob Lewis, New York

SERVICE
New York
Lewis, Jacob
NUMBER
P. 6316
CONTENTS
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Harold Lewis Application for a Pension
23940
pad 7

We Sylvester Bishop a clergyman residing in the town of Housatonic County of Litchfield and Samuel McVitt residing in Housatonic in the same town  County hereby certify that we are well acquainted with Sarah Sevis who has submitted her oath to the foregoing de- claration: that we believe him to be sixty nine years of age: that he is respected & beloved in the neighbor- hood where he resides to have been a soldier in the revolution & that we concur in that opinion.  Given under our hands the day } Sylvester Bishop & year aforesaid Samuel McVitt P. Barchard Clerk
And the said court do hereby declare their opin- ion, after the investigation of the matter, & after put- ting the interrogatories presented by the War Depart- ment, that the above named applicant was a revo- lutionary soldier known as he states. And the Court further certifies that it appears to them that Sylvester Bishop who has signed the preceding certificate is a clergyman resident in the town of Housatonic & that Samuel McVitt who has also signed the same is a resi- dent of the of Housatonic in the County of Litchfield  town  town is a credible person & that their statement is entitled to credit.
I P. Barchard Clerk of the Court of Common Pleas in & for the County of Litchfield do hereby certify that the foregoing contains the original proceedings of the said court in the matter of the application of Sarah Sevis for a pension.
In testimony whereof I have hereunto set my hand & seal of my office this 26 day of February in the year of our Lord 1833- P. Barchard Clerk

State of New York
Suffolk County. On this 26 th day of February 1833
Personally appeared in open court before the judges of the Court of Common Pleas in & for the County of Suffolk State of New York, now sitting, Israel Lewis a resident of the town of Haverburgh, in the County State aforesaid aged sixty since the 20 th day of May last, who being first duly sworn according to law, took on his oath and made the following declaration, in order to obtain the benefit of the act of Congress passed June 7, 1832. That he entered the service of the United States under the following named officers & served as hereinafter stated.
He enlisted at P'keepsie Dutchess County in the fall of 1776/77 according to his best recollection & belief in the month of September in a company commanded by Capt. James Rife for the term of three months. Capt. Rife was in the New York Militia. He afterwards served as a waiter to Capt. Rife. Col. Henry Livingston commanded the company to Fishkill, on the Hudson River, where we remained a few weeks & then moved to P'keepsie. We were taken care of the Danube. From Fishkill we moved to West Point where he remained until the expiration of his term of enlistment & was discharged & returned home. While at West Point the company were engaged in building a fort. Some time in the month of May in the year 1777.

lowing (1777) he again enlisted at Blandford under the same Capt. for another period of three months as a waiter to the Capt. & immediately marched to Poughkeepsie where he remained a few days & went with his company to Ticonderoga & took charge of the 7 months Col. Skenington commanded the Regiment out to which he belonged. After remaining at Ticon- deroga five or six weeks went down the River a number of miles to cutting fire wood for the army & continued there until our time expired, when he came up to West Point & was discharged - having served his full term of three months. He then returned home & remained about a week & again enlisted under the same Capt. for three months & immediately marched to Ticonderoga & after remaining a short time was taken with twelve others from the same company as a life guard for Genl. Baron Stoyen & served in that capacity about four or five weeks, when he was discharged from the guard & ordered to join the Com- pany - While a member of the life guard went to Al- bany & it was there that he received a letter from him to Ticonderoga & join his company. After arriv- ing at Ticonderoga we received orders to go to Albany and Had permission from the Capt. to go home see his friends & return to the River the next morn- ing in time to take the boat to go to Albany. On coming to the River in the morning found

the boat had helped & went by land & overtook & joined the Company, two days afterwards at Al- bany - Immediately after joining the company stud- ed & mounted by land to Fort Edward & was there at the time that Fort Anne & Fort George were taken by the enemy - Remained at Fort Edward until the expiration of the three months & the soldiers were expect- ed to remain ten days longer, but declined doing so & after remaining two days after their time had expired they took leave & went home - He arrived home the latter part of November or the first of December 1757 - His memory was in my engagement & he has not a full & clear recollection of the officers belonging to his company or regiment - He is quite infer- & his memory is extremely impaired - One S r Ray was Lieut. of his company, in the last period of his ser- vice - He never had any written discharge & has no doc- umentary evidence in relation to his services & he knows of no person living, whose testimony he can procure in relation to his services -
He hereby relinquishes every claim whatever to a pension or annuity except the present, & declares that his name is not on the pension roll of the agents of our State -
I have subscribed the day & year aforesaid - P. Burchard Clerk
} Sarah his Service mark

State of New York } Montgomery County }
Henry Lewis now of the town of Glen in Said County being duly sworn doth depose and say that he was twenty three years of age on the 8 day of the present month. He was present when his brother Jacob Lewis now a resident of the town of Hudson in Rensselaer County and state afore- said entered into a company of Militia at P'keepsie in the fall of 1826 in the month of September for the term three months under Capt James Kipp and knows that Jacob served the full time of said Capt Kipp the full time of three months when he together with the deponent who was in the same company was discharged. The Regiment was commanded by Col. H. Livingston. In the month of May in the following year this deponent was again with his said brother when he enlisted under the same Captain for another term of three months at P'keepsie and knows and truly deposes that his said brother Jacob served out the full time of three months and was present when he was discharged. And this deponent further deposes and says that sometime in the latter part of August or first of Septem- ber same year his said brother Jacob again entered the Militia service under the same Captain for the term of three months and that he the this deponent also entered for the same term of time and was with his said brother a member of Barron's Battery Life Guard for a portion of said time and that a portion of said time they were together at Fort Edward on the north river and that they both served their time out and were discharged verbally after having served the full time of three months and further this deponent saith not
His
Henry Lewis mark
Sworn and subscribed this 14th day of September 1833 before me William M. Gardiner A Justice of the Peace of the County of Montgomery
Henry P I do hereby certify that Henry Lewis the person who subscribed the affidavit affidavit is a man of truth and veracity and his statement is entitled to credit 14th October 1833 Wm M. Gardiner Justice of the Peace

State of New York, Montgomery County. ss:
I George D. Ferguson Clerk of Montgomery County do hereby Certify that William M. Gardiner before whom the within affidavit purports to have been sworn, was on the date thereof a Justice of the Peace in for the said County; and that I am well acquainted with the handwriting of the said Justice and truly believe that the signature of the said Justice to to the within affidavit & also to the within Certificate is his proper hand writing.
In testimony whereof I have hereunto set my hand and seal of Office this 14th October 1833.
Geo: D. Ferguson

23,940 25,940
Jacob Lewis New York N o 23940
6316
m.
Smpr o —
J. L. Chittenden Esq. Adams, Jefferson Co N. Yk.

WAR DEPARTMENT,
Pension Office,
June 4 1833
Sir:
The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in a tabular form. On comparing these papers with the following rules, and the subjjoined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will shew what is necessary to be done. Those points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus: { ). You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your claim.
A Statement, shewing the Service of Jacob Lewis
   Period when the service was rendered. Duration of the claimant's service. Rank of the claimant. Names and rank of the Field officers under whom he served. Age at present, and place of abode when he entered the service. Proof by which the declaration is supported.   Years. Months. Days.     1776 enlisted 3 Cpl. Col. H. Livingston 69 years   May 1777 Enlist. 3 " " " 56 Traditionary   3 2 " " " 13  
I am, respectfully,
Your obedient servant,
J. L. EDWARDS,
Commissioner of Pensions.
his service can be admitted which is alleged to have been rendered under 16 years of age without the most satisfactory 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 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 and 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 [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. }

6316. REJECTED
P. O. _____
Jacob Sewig
Service: _____
Enlisted: _____, 18
Discharged: _____, 18
Application filed: _____, 18
Alleges: _____
Re-enlisted: _____
Attorney: _____
P. O. _____
_____ Recognized. _____ Contract.

Amsterdam Feb 19 1840
Dear
Dear J. L. Edwards Count of Divisions
Miss J. Lewis
a room in
Washington
D.C.

Asheboro Febry 14. 1840
Sir
I have been employ d by Isaac Lewis of Jefferson County for this State as holding in the Ward of the Revolution under the Act of June 7. 1832. To examine his case - please send me a copy of his Mr Lewis case and oblige y r etc
I am yours respectfully Matthew J. Bane
Dear J. L. Edwards

Mar 5. 1840
My Friend Jacob Lewis County Prison Washington D.C.

Amsterdam March 2. 1840
Sir
In reply to your letter of the 22 nd Februy last past, I would say that you have misconstrued my letter of the 11 th instant as asking for a copy of the papers of Jacob Lewis - I ask in that letter for a copy of the report made in his case, & the reasons are these - I have been employed by him to examine his case & you may state the objections made to his claim, only let me know all the difficulties you have found in his case
I am yours respectfully Matthew J. O'Leary
Dear J. L. Edwards