Revolutionary War Pension and Bounty Land Warrant Application File S 13703, for Samuel Latham, New York

SERVICE
NUMBER
New York
Latham, Samuel
S13703
boarded
CONTENTS

1748
1748
New York
Samuel Latham
Otsego Co. in the State of N. York
who was a Private in the Company commanded
Captain M c ... of the N.Y. commanded
Col. Van Ruyvenael in the N. York
for 7 1/2 Months
Inscribed on the Roll of N. York
the rate of 25 Dollars 62 1/2 Cents per annum,
commence on the 4th day of March, 1831.
Certificate of Pension issued the 24th day of May 1833 - and due No 10. Washington
arrears to the 4th of Mar '33 $ 50
semi-ant. allowance ending 4th Feb '33 12.50
$62.50
Revolutionary Claim, Act June 7, 1832.
(G. A. Mills)
Recorded by
Clerk
Book 60. Vol. 4. Page 65

— Declaration in order to affirm the rights of the act of 1836 —

our Col. from York Regiment was then commanded by Major Woodhull. The month of August is the time for and was called and we had to look Edward on the Hudson river and found the town almost in ruins. It was about 15 miles of Fort Edward and was before then for a time was a large and a fine place and had fine houses many of them in ruins. (It was) and real then abandoned as well as Major Woodhull abandoned and then returned his wife to a fortified  house  garrison
There is one thing I am afraid afraid to mentioned in this situation in the future I am afraid afraid to mention how far and to be said in the future and present and past

intended to visit him  the  United States  United States and thinks and is confident that he will be ordered out in the United States before in this year for a term of not less than three months in that case under the new officers on various allowances and not different from that now of age and but  the  time  time of the of memory he cannot tell the exact time as this is competent according to the best of his recollection that he must have been in some place for a month or fifteen days during the year and thinks more than a year
that he has no other  other evidence to prove his time  time he and that  that he is except the  the  time  time of the time  time and that he was not  not in a time  time  time  time  time  time  time  time and that since the time  time he has been two to and time  time  time  time  time  time prison - time  time  time  time  time  time to the town of time  time  time  time  time  time  time  time  time  time for time  time  time  time  time  time  time  time  time  time  time  time in the time  time  time  time  time  time  time  time  time  time  time  time 

knights and can testify to his general character for truth and small and credulity in his religious views and from his book he infers that it is unable to attend the courts and that he has never served as a substitute for any person
He further states that he has no claim to what ever he owns or on whom he exerts the present and declares that his name is not on the Pension Rolls of the Army of the United States
Indorse and tabulate the year and day General Latham
Subscribed and sworn to before me this 6th day of March 1875 of Ohio county courts

We saw D. Warren a clergyman residing in town of Burlington in the County of Otsego and state of New York and Daniel Smith one of the Sheriffs of said County of Otsego and Anthony St. James a resident of the town of Barnesville in the County of Otsego all near Vaughnport to Samuel Latham Esq. herewith testify that as far as well acquainted with the above Latham who has subscribed and sworn to the above declaration that the said him to be the said Latham's true and correct copy that he is a resident of the town of Otsego in the County of Otsego where he resides to have a solemn affidavit to the effect that the said in that opinion and that we have been in holding confirmation is unalloyed of the above the County of Otsego John D. Warren Daniel Smith Anthony St. James James C. Mansfield a Judge of the County Court

...the ... ...1830 ... ...the ... ...1799 ... ...the ... ...1780 ...

and then save their return. but does not conceal that he was beneath of time that they were gone
There again he will recollect that he was in the State of Ohio at the time of the death of his wife (or said to be destroyed) for that was and at all events that he was at home at other times and recollects all his friends that he recalled for what he was the length of time he was gone and that during the revolutionary war he lived in the house of his mother-in-law and he knew him all that time and he thinks that he did to meet him for he had no information it would be better the courts and that he is a man of truth and integrity and entitled to credit in his statements and further that he is subscribed and known this Obadiah Beardley 28th day of December 1832 Before me found to M c Worth a judge of Otsego County Court
I hereby certify that I am personally and well acquainted with Obadiah Beardley that has been to the above affidavit before that he is a credible person and entitled to full credit in his statements under oath or otherwise J. C. M c Worth a judge of Otsego County Court

The return of these papers to be sent to James C. Waterworth Burlington Stage County New York
Adm Yr mo serv

21418
S. Lir Tham
21418

1 Itage County
to is the Judge mentioned in the above matter. To hereby certify and declare me my opinion after the investigation of the matters and after putting all the interrogatories prescribed by the said Department that the above named Affiant was a Revolutionary soldier and served as her stated. And the said Judge testified and declared his opinion that it appears to him that John D. Warren who has signed the foregoing certificate is a businessman residing in the town of Burlington in the said county of Itage and that Daniel Smith who has also signed the same is a resident of the town Exeter in the said county of Itage and that Anthony Thomas who has also signed the same is a resident of the town of Plainfield in the county of Itage aforesaid and that they are each of them credible persons and entitled to credit in their statements And the said Judge do further state that the said Affiant (James Latham) from bodily infirmities is unable to attend the courts testimony whereof I have hereunto set my hand this 21st day of November 1832
James C. Merrill Judge of Itage County Courts

State of New York
Otsego County ss. I Horace Lathrop Clerk of said County do certify that James C. Walworth before whom the preceding affidavit purports to have been sworn was at the date thereof a Judge of Otsego County Courts that I am acquainted with his hand writing I verily believe his name subscribed to the said affidavit is his own proper hand writing & signature Witness my hand & seal of office this 7th day of Dec r 1832
Horace Lathrop By T. H. Cory Deputy
The within of these papers to be sent to James C. Walworth Burlington Hosp County New York
copy to make
21418 J. T. H. Thau
21418

21418
Samuel Latham
Otsego county (New York)
adm d
James C. Mottram
Burlington
Otsego co
(N. York)

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 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 Samuel Latham, Otsego co. N.Y.
   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.     1779 1 15 private Capt Brown Col Van Kort Fort Schuyler 179   1780 3 not stated not stated Paterson Henrick not stated   1781 3 Capt Van Horn same Colonel Fort George New York not stated   Fort Schuyler not stated  
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 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 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 such 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 [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.

Rev. and 1812 Wars Section HHR/eel
August 13, 1929
Honorable Vincent Carter House of Representatives Washington, D.C.
My dear Mr. Carter:
In response to your letter of August 10, 1929, I have the honor to advise you as follows:
From the papers in the Revolutionary War pension claim, S.13703, it appears that Samuel Latham was born in 1753, in Fredericksburg, Dutchess County, New York.
While residing in Hoosick, Rensselaer County, New York, he enlisted in August or September, 1779, and served one month and fifteen days as a private in Captain Thomas Brown's Company, Colonel Van Woert's New York Regiment; he enlisted in 1780, and served three months as a private on garrison duty in Colonel John Van Rensselaer's New York Regiment; he enlisted in 1781, and served three months as a private in Captain John Van Wormer's Company, Colonel Van Rensselaer's Regiment.
He was allowed pension on his application executed November 21, 1832, at which time he was aged seventy-nine

years and a resident of Exeter, Otsego County, New York, to which place he had moved from Hoosick, forty-one years before.
There are no data concerning his family.
The Revolutionary War records of this bureau fail to afford any information in regard to Robert Chalfant or his widow, Phebe.
Very truly yours,
W. L. D. CRUNCH Commissioner.

34 Gardner St. Allston Mass. Aug. 7. 1922
The Commissioner of Pensions Washington, D. C.
I wrote you recently in regard to a Revolutionary Pensioner, Samuel Latham soldier no. 12073, & pensioned 1833 from Peter. Otsego Co., N.Y. I am very anxious to learn the date of last payment of pension, name of person paid, and place of residence & date of death

of Soldiers, if given I have written several letters about this, but unfortunately sent one to the wrong depart- ment. We are making out S.A.R. papers which we wish to present about the middle of this month, and need this information to complete the papers. I under- stand we must have the number of the certificate in order to obtain the information.
Could I ask you to telegraph me the number C.O.D. if the information has

not been sent as otherwise I fear we shall not be able to set the papers presented at the August meeting.
I would greatly appreciate this favor.
Yours very Truly,
(Miss) Eva L. Moffatt

Rev. War Section.
Ev
August 15, 1922.
Miss Eva L. Moffatt, 34 Gardner Street, Allston, Massachusetts.
Madam:-
In response to your letter dated August 7, 1922, you are advised that for the date of the last payment of pension, name of person paid, and date of soldier's death, you should apply to the Pension Section, Interior Department Division, General Accounting Office, 1800 E. Street, N. W. Washington, D. C. citing all of the following data:- Samuel Latham, Certificate 14459, issued May 27, 1833, Rate $25 per annum, Commenced March 4, 1831, Act of June 7, 1832, New York Agency.
Very respectfully,
Commissioner.

130

VINCENT CARTER AT LARGE WYOMING
JOHN L. LANDFAIR SECRETARY
Congress of the United States House of Representatives Washington, D. C.
August 10th, 1929.
Miss Groom, Department of the Interior, Washington, D. C.
Madam:-
I would appreciate the favor very much if you would forward to me the favor of family record appears in the application for Revolutionary War of Daniel Carter, Of Ulster County, New York, in 1852.
Also if possible, widow of Robert Walcutt, who died in 1811 in Pulaski Co. Ky. He was a soldier in the War of 1812, and if so, whatever of family information you have.
Thanking you for any information you may be able to furnish me, I am,
Respectfully,
Vincent Carter

Re Rev Sec Samuel Latham 34 Garden St. Soldier no. 12073, pension Allston, Mass. Aug. 1, 1922.
The Commissioner of Pensions Dept. of the Interior Washington, D. C.
Dear Sir,
I wonder what a letter of inquiry of mine has gone astray, regarding a Revolutionary pensioner, — Samuel Latham , who was placed on the pension roll from in 1833, & was then a resident of Bates, Otsego Co. N.Y. I wish to have his revolutionary record, any family data, date of last payment of pension, name of person paid, & residence of soldier at that date.
I know that for the last three items, application has to be made to the

General Accounting Office, but under- -stand that the no. of Certificate must be secured from you.
Would it be possible for you to add this certificate no. to this letter, and forward it immediately to the proper person, to save time, as we are settling a matter of some impor- tance, and are very anxious for a quick reply.
Truly Yours
(Miss)
E. L. Moffatt

34 Gadduel St. Allston Boston 34, Mass. Jy. 18, 1922
Commissioner of Pensions, Washington, D.C.
I would like to have the Rev. War Record of Samuel Latham who was a pensioner from Owego to Brooks, N. Y. under the act of 1832. His number was, I believe, 12073. If there is any informa- -tion regarding his family, I would also like to have that, and the date of last payment.

of pension, place of residence of soldier at that time, Date of Soldier's death, Name of person to whom last payment was made.
Could you possibly let me have this & return mail? It is a matter of unusual importance we are trying to settle.
Also, have you any record of a William Bartlett who served from N. Y. State, Co. of Ulster, I think.
Truly yours (Miss) E. P. Rootbatt

34 Gardner St. Allston, Boston 34, Mass.
Pension Section Int. Dept. Div. Washington, D.C.
Can you give me the date of the last payment of pension, name of person paid, date of soldier's death, place of soldier's residence at time of death re Samuel Latham , soldier no 12073 pension, who was pensioned May 1833, aged 80. & was then a resident of Butler, Oregon

Co. N.Y., Session to Commence 1832.
Could I possibly have this by return mail, as a matter of considerable importance is involved?
If there is any information regarding his family, I would like that too.
Truly yours,
(Miss) J. L. Moffatt

  CLASS   Tele   Day   Nig   Nig   If none appear words wise in symbol 
WESTERN UNION TELEGRAM
THOMAS CARLTON, PRESIDENT GEORGE W. E. ATKINS, FIRST VICE-PRESIDENT
  CLASS OF SERVICE SYMBOL   Telegram   Day Letter Blue   Night Message Nite   Night Letter N L   If none of these three symbols appears after the check (number of words) this is a telegram. Otherwise its character is indicated by the symbol appearing after the check.
S. W. Cor. 7th & F Sts., N. W. Franklin 7100, Branch 46
REC
27WPA 12
FY BRIGHTON MASS 914A AUG 14 1922
COMM OF PENSIONS
DEPT OF INTERIOR REVOLUTIONARY SECTION WASHINGTON DC
WHEN MAY I EXPECT REPLY TO LAST WEEKS INQUIRY REGARDING SAMUEL LATHAM
EVA L MOFFATT
933A

1922 Aug. 15 Letter to Miss Eva S. Moff. fal. where to obtain date of last payment. death chi - Eu
1929 Aug 13, chst to How Vincent Carter, M.E.E.
Revman
13703 INVALID.
File No. 13703
James Southwick Brn. Rev. Mass
Act: June 7 th 1832
Index: Vol. 1, Page 211
[Arrangement of 1870.]