Revolutionary War Pension and Bounty Land Warrant Application File W. 1431, for Josiah Hurlbert, Massachusetts

SERVICE
NUMBER
Mass N.H. Vt.
Hurlbert, Josiah or Hureburt
W 1431 B.L. 19766-160-55
Hannah C.
CONTENTS

1. No. York 27706
Josiah Hurlbert
of in the State of who was a Sgt-Appr in the com d by Captain Wind of the reg t commanded by Col Thatch in the Massachusett line for 16 months private 5 th ——— Sergeant
Inscribed on the Roll of New York at the rate of 75 Dollars 33 Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 4 day of Sept 1834 and sent to J Knox Lowville
Arrears to the 4th of March $35.00 Semi-ant. allowance ending 4 Sept 39.16 $274.16
{ Revolutionary Claim } { Act June 7, 1832 }
Recorded by Sam l Boyd Clerk, Book 82 Vol. 74 Page 30

1.277 New York ct
Hannah C. Hurlburt widow of Josiah Hurlburt who served in the Revolutionary war, as a Private & Sergt Mass Line
Inscribed on the Roll at the rate of 78 Dollars 33 Cents per annum, to commence on the 4th day of March, 1848. 3 February 1853.
Certificate of Pension issued the 9th day of August 1853 and sent to
Chas S. Hall Binghamton Jas. H. Brown Brune Co Albany N.Y.
Recorded on Roll of Pensioners under act July 29, 1845, Page 75 Vol. 29 3 February 1853.

153, 267 { Net March 2/55 May 20/55
Hannah Hurlburt Wid. of Josiah Hurlburt, junr.
Capt. Rep. Mil. Co. F 76th
Revolutionary War
Pensioner, under act Feb 3/53
ps. July 53-1217
W: 160 acres April 1 st 1856,
By Rev.
J. H. Bowen Albany N.Y.
Vol. No. 130.

Josiah Hubbutts Pensioner Declaration
Josiah Hubbutts 23900
ad 16 mo. pri 5 mo. serg $ 78.33 -
5333 25.00 7833
paid

State of New York Jefferson County ss.
On this twenty eighth day of February in the year One thousand eight hundred and thirty three personally appeared in Open Court before the judges of the Court of Common Pleas of the County of Jefferson now sitting Josiah Hurlburt a resident of the Town of Wilna in said County aged twenty two years, in December last, 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. 1832.
That he entered the service of the United States under the following named officers and served as herein stated: In the year 1776, sometime in the latter part of the winter, the precise time he cannot now recollect, he enlisted under Captain Ward of Salem Mass a and served ten months in the Massachusetts Militia in a company raised for the defence of the seaports: That he was stationed a part of the time at Salem and part of the time at Boston Mass: and was employ- =ed some part of the time in building Forts on Hodges Islands; That he was discharged sometime in the winter following Thinks it was in December though

he cannot be particular as to the exact time of entering and leaving the Service but does know that he enlisted for Ten months and knew that period; The Company officers were Captain Ward, Lieutenant William Marston; Ensign Benjamin Ropes, He resided when he entered the Service in Salem Massachusetts—
That shortly after the expiration of the term of Service above mentioned and as he believes in the month of December, 1776, he again enlisted for Three months in the Massachusetts Militia and such that period under Captain John Bridge of Lexington Lieutenant Brown, in the Regiment commanded by Colonel Mather of Cambridge the Major's name was Bryant That he marched from Lexington Mass. by way of Providence to New York crossed the Hudson at Kings Ferry made an assault upon Fort Independence then marched to New Jersey and was stationed at a place which he thinks was called Raway, between Princeton and Brunswick between the British and American Armies and was discharged at that place at the expiration of the three months for which he enlisted and which was sometime in the month of Feb March 1777 That was in two

Sometime in the month of March 1777 that he was in two skirmishes with the enemy at the place above mentioned—
That about this time he removed with his father to the Town of Mason in the State of New Hampshire; That in the Summer of the year 1777 he again enlisted for three and a half months months under captain George Allen of Concord N.H. in Colonel Bullards Regiment of New Hampshire Militia That he marched from Concord to Bennington Vt. at this place there was a detachment taken from his regiment (he was one of the number) and sent to Lake Champlain by way of Weensboro; that the detachment joined the Regiment again at Stillwater a few days previous to the last battle with Burgoyne That he was in Genl. Lincoln's division; He was present at the time Burgoyne surrendered; that he served at this time three months and a half and was discharged sometime in the fall though he cannot be particular as to the time of entering & leaving the Service.
That previous to this last Service and in the same Season he served one month

in the Militia aforesaid under Captain Bordman he marched to the Isle of Shoals near Portsmouth N.H.
That about the first of August, 1778, he entered the service served one month one month under Genl. Sullivan in his expedition on Rhode Island in the Militia aforesaid and in the company commanded by Capt. Mann of Mason
That after this he removed to the Town of Woodstock in the County of Windsor in the State of Vermont and that in the year, 1782, he enlisted in a Company of Vermont Militia raised for the defence of the frontier of said State under Captain Beriah Green that he enlisted sometime in November and served five months, and was discharged sometime in the month of April after; That marched to the frontier of said State and was employed in scouting to defend the frontier; That he served as a Sergeant and has his Warrant now in his possession signed by the aforesaid Capt. Green. That he served as a volunteer at the same times above mentioned. That he has no documentary evidence except the Warrant above mentioned and knows of no person whose testimony he can procure who can testify when he served

Evidence except the Warrant above mentioned and know of no person whose testimony he can procure who can testify to his Service 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 & year aforesaid } Josiah Harkness P. Burckhard Clerk
We John S. Weaver & John F. Allen residing in the town of Wilna in the County of Jefferson hereby certify that we are well acquainted with Josiah Harkness who has Subscribed and sworn to the above Declaration that we believe him to be Seventy two 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 to and Subscribed } John S. Weaver the day & year aforesaid } John F. Allen P. Burckhard 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 mentioned Applicant was a revolutionary Soldier and served as the States and the Court further certifies that it appears to them that John L. Weaver and John F. Allen who have signed the preceding Certificate are residents of Wilma in said County and are credible persons and their statement is entitled to Credit: and further that no Clergyman resides in the vicinity of said Applicant:
J. P. Burchard Clerk of the Court of Common Pleas of the County of Jefferson do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Josiah Huestad for a Pension
In testimony whereof I have hereunto set my hand and seal of my office this twenty eighth day of February in the year One thousand eight hundred and thirty three P. Burchard Clerk

State of Kentucky Jefferson County } On this 2 nd day of May 1853 before me W. C. Thompson judge of the County Court in and for the County and State aforesaid personally appeared Keziah Nobles a resident of the town of Wilna Jefferson County and State aforesaid who being duly sworn according to law declares that she is 41 years of age and that she well knows Josiah Kirtland now deceased late of the town of Wilna who was a revolutionary pensioner that she was present at the wedding and saw him lawfully married to Hannah C. Daley who lived with the said Josiah as his wife and that she knew them well that they were married by one Mr. Stiles a justice of the peace on the third day of November 1832 at Wilna as aforesaid that she was present at the death of the said Josiah Kirtland which occurred on the 30 th day of January 1847 in the said town of Wilna that the said Hannah C. Kirtland the widow of the said Josiah has not married since his decease but remains his widow that she is satisfied that the said Josiah nor Hannah never kept a family record and that there is no public record of their marriage or his death — also that she is entirely disinterested in the the application of the said Hannah for a pension — That she cannot write for want of
Education
Sworn to and subscribed before me this 2 nd day of April 1853 And I further certify that I believe the above named Keziah to be a credible witness and of the age above stated Wm. C. Thompson (Judge of J. Co. Court.)
her Keziah X Nobles mark

State of New York Jefferson County } on this 2 d day of May 1853 personally appears before the Hon. William C. Thompson County Judge of Jefferson County, and state aforesaid it being in open Court for the said County.
Hannah C. Hartbark a resident of the town of Wilna Jefferson County in the State of New York aged 98 years old on the 16 th of 1852 who first being duly sworn according to law doth on her oath make the following declaration in order to obtain the benefit of the provision made by the act of Congress passed on the 3 d Day of February 1853 granting Pensions to widows of persons who served during the Revolutionary war. That she is the widow of Josiah Hartbark who was a sergeant in the Revolutionary War. and that she drew the balance of his pension due at the time of his decease is not able to state full particulars with reference to his service.
That he resided in the town of Wilna Jefferson County, N.Y., and drew a pension of she thinks $78.79 or $80 per annum and that it was paid at the Albany Agency and supposes he was pensioned under act of June 7 1832.
That she was married to the said Josiah Hartbark on the 3 d day of November 1832 in the town of Wilna aforesaid by one Mr. Steele a justice of the Peace and that her said husband died at Wilna aforesaid on the 30 th day of January 1847 and that she still remains his widow and was not married to her said husband previous to the 2 d day of January 1850 but at the time above stated. That she has no family record and that there is no public record of her marriage or of the death of her said husband. That for want of education she is unable to write her name.
Subscribed & sworn to before                      Hannah her C. Hartbark mark me on this 2 nd day of May 1853. in open Court and I certify that I believe the said

Hannah C. Gailhurst to be the widow of the said Josiah and to be of the age above stated.
In testing whereof I have hereunto set my hand the day and year above written
Wm. Thompson County Judge J. H. Hunsicker

application of Hannah Hart widow of Josiah Hart who was a Revolutionary Soldier. and drew a pension at the Albany New York agency. and died Jan'y 30 1847.
address Rev. etc.
Samuel Rowen Albany New York

State of New York } on this 2 nd day of May in the year Jefferson County } 1853. before me Eli Mott a justice of the peace in and for the county and State aforesaid, personally appeared Archibald Barker a person well known to me who being duly sworn according to Law deposeth and saith that he is a resident of Wilna Jefferson County in the State of New York. That he is 52 years of age. That he well knew Josiah Hurlburt now deceased who was a revolutionary Pensioner and died at Wilna, N.Y. on the 30 th day of January 1847 - That he also well knew Hannah C Hurlburt the widow of the said Josiah and was present at and said then lawfully married by one. Esquire Styles a justice of the peace at Wilna N.Y. on the 3 rd day of November 1832. and that the said Hannah has and does remain the widow of the said Josiah Hurlburt having lived with him as his wife until the time of his decease.
That he is entirely disinterested in the result of the application of the said Hannah C. Hurlburt who he believes to be near 100 years of age . and he is also satisfied that there is no public or family need of their marriage or of his death. Sworn and subscribed before Archibald  Barker me the day & year above his mark written and I certify that I am well acquainted (over)

with the said deponent and believe his statements are true, that he is a credible witness and also that I was acquainted with the aforesaid Josiah Hartburt now deceased who was a revolutionary soldier pensioner and also with Hannah C. Hartburt his wife and of my own knowledge cheerfully certify that I believe the statements of the within deponent to be true.
Eli West Justice of the Peace

either her own his wife and a certify that she hereunto to be
 State of New York, } ss. JEFFERSON COUNTY CLERK'S OFFICE
I, JOHN L. MARSH , Clerk of the County of Jefferson do hereby certify that Wm Lo Thompson Esq. before whom the annexed affidavits was taken, was at the time of taking such affidavits a Justice of the Peace in and for said County, duly authorized to take the same; and further, that I am well acquainted with the hand-writing of such Judge , and verily believe his
signature thereto is genuine. I also certify that Eli West Esq before whom the annexed affidavits was taken was at the time of taking such affidavits a Justice of the Peace in and for said County, duly authorized to take the same, and I believe his signature
IN WITNESS WHEREOF, I have hereunto subscribed my name, and affixed the Seal of said County, this 2 d day of May 1855
 W. E. Madsley Dep. Clerk.

Hon. L. P. Wall
Comr of Pensions,
Washington D.C.
Evans Mills May 23 1853.
Sir
Herewith you would please receive the Declaration of Mrs. Hannah C. Hartbark, an applicant for a pension and by virtue of the Act of 30 Febry 1853.
Accompanied with evidence of her marriage and of his death; she is very aged and infirm and is unable to state in what regiment or company her said husband served. She was married to him in this State and is satisfied that the service was rendered in the State of New Hampshire. She deserves to be indulged in her want of knowledge as she is an ignorant woman and very feeble and childlike and her memory is nearly all worn away as well as other faculties.
Reference to the an application on file for a pension and also to the papers of the said Josiah Hartbark by which he drew a pension & by which the balance of pension was drawn will establish her claim clearly. Please address me upon the subject or forward the Certificate to me at Albany to which place I remove next week.
Yr Obedient Servt, Obeded. Johnson
J. A. M. H. B. in

No 23900
Josiah Hurlbut Jefferson County New York
Ref d to E. D. Bump - Sept. 26 1833 ✓
John Lowville Lewis County New York Lowville

WAR DEPARTMENT,
Pension Office,
June 5 1833 Oct 24 -
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 Josiah Hurlbut Jefferson County New York
   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.     Enlisted June 1776 - 10 - private Capt Ward, 72 Years Documentary & traditional evidence   Enlisted Oct. 1776 - 3 - " Capt Bridge Colonel Salina Writings certified credible / No cler-   End? 1777 - 3 25 " Thatchers, Col Bullard Massachusetts jimans certificate No reason given - papers correct   Served " " - 1 - " Capt Bondman   Served Aug 1778 - 1 - " Capt Munn   Enlisted 1782 - 5 - Sergt. Capt Green  
I am, respectfully,
Your obedient servant,
J. L. EDWARDS,
Commissioner of Pensions.
It cannot be readily admitted that the above service is insusceptible of proof, and the regulations require the best to be procured that can be found.

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
By an application to E. D. Bangs, Secretary of the State of Massachusetts; in whose office are rolls of the militia of that State; the applicant may obtain evidence of his services.

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.
[d] The declarant must mention the period or periods of his service, the name of the Colonel under whom he served, 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 _____; 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.

153, 267
Application of Hannah C. Hulbert
FOR BOUNTY LAND,
Under act March 3, 1855.
PRESENTED BY
JAMES H. BOWEN, Albany, N. Y.

DECLARATION
Of a Widow who claims a Land Warrant under Act of March 3, 1855.
State of New York, )
JEFFERSON COUNTY. }
On this 18 th day of April A. D. one thousand eight hundred and fifty-five, personally appeared before me, a Justice of the Peace Hannah C. Hurlburt aged 100, years, a resident of Volna Leferson Co. in the State of New York, who being duly sworn according to law, declares that she is the widow of Josiah Hurlburt deceased, who was a private in the company commanded by Captain
commanded by in the War with Great Britain, declared by the United States, on the 18th day of June, 1812,
Revolutionary War. That her said Husband rendered sufficient service to entitle her to a pension of $78 33 per year under act of February 3/1853. 2 d Section requires proof of his service he married this death now on file in the pension office and continued in actual service in said war, for the term of and was honorably discharged at
on or near the day of A. D. 18 She further states that she was married to the said Josiah Hurlburt on Clinton day of November on the day of A. D. 1832, by one Rev. States a Justice of the Peace and that her name before her said marriage was Hannah C. Davis that her said husband died at Volna on the 30 th day of January A. D. 1849, and that she is now a widow.
She makes this declaration for the purpose of obtaining the bounty land to which she may be entitled under the act approved March 3, 1855, and I hereby request the Commission of Pensions to forward my warrant to James H. Bowen, Albany, N. Y. and appoint him as my attorney to obtain the same for me. H
We John Noble and Ellbridge Griswold residents of the town of Volna in the state of New York upon our oaths declare, that the foregoing declaration was signed and acknowledged by Hannah C. Hurlburt in our presence, and that we believe from the appearance and statements of the applicant that she is the identical person she represents herself to be. That the said Hannah C. Hurlburt is now infirm and remains the widow of the said Josiah Hurlburt as they were able to state positively having known her for a long time. John Noble Ellbridge Griswold
The foregoing declaration and affidavit were sworn to and subscribed before me, on the day and year above written, and I certify that I know the affiants to be credible persons, that the claimant is the person she represents herself to be, and that I have no interest in this claim.
Edith West Justice of the Peace
State of New York, )
JEFFERSON COUNTY. }
I, John S. Marsh Clerk of the said county, do hereby certify that Edith West was, on the day of the date of the above certificate, a Justice of the Peace within and for the said County, duly appointed and qualified, and that the signature above, purporting to be his, is genuine.
In Testimony Whereof, I have hereunto affixed my seal of office and subscribed my name this 23 rd day of May A. D. 1855.
John S. Marsh Clerk
further say against many & each of you come forth it is not my own act

September 8, 1930
Rev.& 1812 Wars Section AWF:MLB
Mrs. Henry Kellogg Route 2 Copenhagen, New York
Dear Madam:
You are advised that it appears from the papers in the Revolutionary War pension claim, W. 1431, that Josiah Hurlbert or Hurlburt was born in 1760, place not stated.
While residing in Salem, Massachusetts, he served from January 22, 1776, seven months and seven days, in Captain Benjamin Ward's Massachusetts Company, in defense of the seacoast; from December, 1776, three months in Captain John Bridges' Company, Colonel Thatcher's Massachusetts Regiment, and was in two skirmishes at Rahway, New Jersey.
Soon after this service, he moved with his father, whose name is not given, to Mason, New Hampshire, and served one month in Captain Boardman's Company of New Hampshire Militia; from August 16, 1777, to November 30, 1777, in Captain George Minott's Company, Colonel Samuel Bullard's Massachusetts Regiment, and was present when Burgoyne surrendered. He served from August 1, 1778, one month in Captain Mann's New Hampshire Company, and was in Sullivan's Expedition to Rhode Island.
After this service, he moved to Woodstock, Vermont, and was appointed January 10, 1782, third sergeant, in Captain Beriah Green's Vermont Company and served five months.
He was allowed pension on his application executed February 23, 1833, at which time he was living in Wilna, Jefferson County, New York.
He died January 30, 1847, in said Wilna.

The soldier married November 3, 1832, in Wilna, New York, Hannah C. Davis or Staley, who was born October 16, 1754. She stated in 1855 that her name before her said marriage was Hannah C. Davis, and a witness stated in 1853 that Hannah C. Staley was married to Josiah Hurlbert, November 3, 1832. There is no explanation given as to the use of these two surnames.
She was allowed pension on her application executed May 2, 1853, at which time she was living in Wilna, New York.
There is no reference to children.
Very truly yours
E. W. MORGAN Acting Commissioner

Rev. Wm.
WIDOW, &c.
File No. 1431
Hannah Hurlbut
Widow.
Josiah Hurlbut, Rev. Rev. War.
Act: Feb. 3. 1853.
Index: — Vol. A , Page 354
[Arrangement of 1870.]
1930-Sept. 8-Hush to Mrs. Henry Kellogg and

Pension Office Aug. 2/53
Sir
In the enclosed case I have to request the usual information in relation to the time of the death of Amos & time of last payment to the within pensioner
Very Respectfully
S. Calhoun for Commissioner
H. Burt Esqr
3 And
Present
(See other side.)
Josiah Hembert, At 7 th June 1832. $78.33 p. an. - Died 30 th January 1847. Paid to his death. F. Beek Auditor.

Pension Office Aug. 2/53
Sir
In the enclosed case I have to request the usual information in relation to the time of the death of Aunt & time of last payment to the within pensioner
Very Respectfully
W. Calhoun, for Commissioner.
H. Burt Esqr
3 Aud
Present
(See Other side.)
Joseph Humberb, At 7 th June 1832. $78.33 p. ann. - Died 30 th January 1847.
Paid to his death.
G. Burch Auditor.

5
19.766
JS Nov 1967

New York Josiah Hurlbert Rev. y. Suspended
Let to J Knox June 4. 1834 do July 9 th '34 do " 31. '34
adm d Act 7 June '32

No 1.778 May 18/33
Hannah C. Fulhurst
wid. of Josiah
N. York Oct 32
3 rd Feb 27/06 3 rd Feb 1833
Rev. Alar (pri)
Allowed $78 33 / 100 per annum Commencing Feb 3 1853
DEPARTMENT OF THE INTERIOR, PENSION OFFICE, OFFICIAL BUSINESS
L. H. Bowen, Albany N.Y.
Commissions

Free
Dear Mr Waldo Comt of Pensions Washington D.C.
B

Pension Office, 27 th March, 1856,
Sir:
Your letter of the 14 th inst. is before me, and I have the honor to inform you that

Mr. and Mrs. J. S. B., No. 115 Myrtle Ave.

Sergeant Herbert Warrant.
Sergeant Herbert Warrant. Mass. W. 1431

State of Vermont
Periah Green. Esquire. Commanding a Company of Infantry Raised for the defence of the Frontiers of this State To Josiah Hurlburt. _____ Greeting.
Reposing Special Trust and Confidence in your Courage Resolution and good Conduct. I do by these Presents Constitute and appoint you the P st Josiah Hurlburt to be the Third Sergeant in the Company under my Command you are therefore to do the Duty of Sergeant by strictly Observing and performing such Orders as from time to time you shall receive from me or any others your Superior Officers. And all Noncommissioned officers and Soldiers under your Command are Required to Obey you as their Sergeant. For Which this shall be your Sufficient Warrant Given under my Hand at Fort Wail This Tenth Day of January. Anno Domini 1782.
Periah Green Cap t Com d

Josiah Hubbert supd
Washington D.C.
Comm. of Public
J. L. Edwards Esquire
Yrs
Smith 3 19 July 3
Aug 24

Lovewell July 18 th 1834
Dr Sir
Your letter of July 9. in relation to Josiah Hurlburt's pension is received. You state that by referring to an original letter on file 7 months & 7 days service as a private are mentioned as admissible without further proof instead of 12. months & 7 days as stated in my letter. In your letter to me dated June 4. th 1834 you state that "Without further proof evidence in support of this claim the Applicant cannot be allowed a pension for more than twelve months and seven days as a private and five months as a Sergeant."
By reference to Mr. Hurlburt's Declaration it will be seen that he claimed for 12 months service as a private in the Massachusetts Militia, 7 months & 7 days of which is proved by the Certificate of D. D. Bangs Esq. He also claimed for 4 1/2 months service as a private in the New Hampshire Militia making in all 17 1/2 months service as a private; also 5 months as a Sergeant which service is established by his Sergeant's Warrant signed by his Captain -
I cannot understand why the applicant should be restricted to the precise time of service which was proved by the Rolls of the Massachusetts Militia when it is known, that those Rolls are very defective and incomplete; and therefore although the services may have been faithfully rendered they cannot be proved by the Rolls and that in a majority of cases only a part of the services can be proved; and therefore no presumption should be raised against the claim for the reason that all the services cannot be

be found by the Rolls.
If there is any proof of his services at the War Department of his services in the Kentucky Militia it would appear to me that he would be entitled to a pension for more than 12 months & days as a general; if there is no proof of that service then it would be about 12 months as mentioned in your letter of 4 th of Jan. The Applicant can prove no further evidence and must submit to your decision upon his application. Confidently trusting that you will allow him all that he is entitled to agreeably to the Regulations of the War Department. He is very poor and is much in need of immediate assistance.
I am Respectfully Your obedt Servt.
J. Knox
J. S. Edwards Esq. Commr. of Pensions

Somerville Jan 1933
for
June 25
J. L. Edwards Esquire Commr of Pensions. City of Washington
Ames Russell
AG

Lowville N.Y.
June 18. 1834
Sir
In yours of the 4 th inst. you inform me that without further evidence Josiah Harkness cannot be allowed a pension for more than Twelve months and Twenty days as a private and five months as a Sergeant.
It is not in the Applicant's power to procure any further proof of his services, I am therefore authorized to say that he will accept of a pension for the above mentioned service and relinquish all further claims.
You will please to cause a certificate to be issued as soon as may be as the Applicant is in great need of some assistance for support.
I am Respectfully
Your obedt Servt
J. Knox
D. L. Edwards Esq. Comm te of Pensions

Commonwealth of Massachusetts.
Secretary's Office, Aug st 19 th 1834.
I hereby Certify, That, from an examination of the Books and Documents, relating to Military Services in the War of the Revolution, which remain in this Department, it appears that the name of Josiah Hurlbut is borne on "A Pay roll for Captain George Minott's Company, in Col o Samuel Bullard's Regiment, Detach'd from the Militia of the Massachusetts State, August, 1777, having served as a private from August 16 th to November 30 th 1777, Three months and Twenty-five days.
m. c Dec r 3 25
Edward D Bangs, Secy

Lowville

Snowville N.Y. May 28. 1834
Sir
I enclose to you a Certificate of E.D. Bangs Esqr Secretary of State of Massachusetts proving a part of the services of Josiah Hurlbut in the Revolutionary War which with the Sergeants Warrant attached to his Deed is all the proof he can obtain. Mr. Hurlbut claims for 10. months services at the period mentioned in the Certificate and that he was stationed a part of the time at Salem and part of the time at Boston the Certificate only mentions his services while stationed at Salem.
I also enclose an affidavit proving a part of the services of Samuel Metcalfe
I am Respectfully Yours &c
Z. Mox
J. L. Edwards Esqr

Commonwealth of Massachusetts.
Secretary's Office, May 22 d 1834.
I hereby Certify, That, from an examination of the Books and Documents, relating to Military Services in the War of the Revolution, which remain in this Department, it appears that the name of Josiah "Hurlbut", as a private, is borne on a Muster Roll of Capt. Benj m Ward's Company, stationed at Salem for the defence of the Sea Coast, where he is allowed from Jan y 22 d 1776. Seven Months and seven days. — — — — — m d 7-7
Josiah Hurlbut claims for services under Capt. Bridge in Col. Shacher's Regt. in Decem r 1776, — but the roll he describes is not found in this Office.
Edward D. Danyi. Secy
(Encl.)

62 Gt State Street Albany July 18/53.
Hon J. B. Waldo Comr of Pensions My Dear Sir
Will you please indulge me in stating how soon I shall hear (with certificate) from the application of Mrs. Hannah (Kurtuit) for a pension, actng Feby 3/53. forwarded May 10 1853 from this City by me. I have never made any such enquiries and do not know as the case to be was duly rec'd as I learn certificates issue very soon after the application is filed in such cases. Please reply I oblige you truly J. S. H. BROWN

Brief in the case of Hannah C. Hunt widow of Josiah Jefferson County and State of N York act of Feb 3 rd 1853
Claim, ("original," or for increase." )
Proof exhibited, (if original.)
Is it documentary, traditional, or supported by rolls? If either, state the substance.
Husband a pensioner under act of June 7/32
Marriage proven by witnesses certified to be credible
(If for increase.)
Has additional evidence been filed since the admission of the claim? If so, what?
Identity shown by witnesses certified to be credible and comparison of dates &
Name and residence of Agent
James H. Bowen Esq. Albany N York
Examining Clerk.
J. S. Gray

Aug 25 Kurelank not in Myr Smille } 25 Aug } not in
for
J. S. Edward Esquire Comm. of Pensions Washington D.C.

Lorville New York
2 Aug. 25. 1834
Sir
In your letter of the 28 th and 31 st July you state that "the statement of Josiah Hurlbut in relation to the tour of service in Col Bullards Regiment is so improbable as to discredit his declaration generally". Since receiving your letter I have seen Mr. Hurlbut and on showing him a copy of his declaration he at once discovered the error that said tour of service was stated to have been in the New Hampshire Militia when in fact it was in the Militia of Massachusetts. This error in the declaration I have no doubt was solely in consequence of a misunderstanding on my part which probably arose from the fact of his removing about the time of this service with his father to the State of New Hampshire and the next tour of service mentioned in said declaration was in the New Hampshire Militia and was previous to this tour under Capt. Merrill.
Since seeing Mr. Hurlbut I have procured the enclosed Certificate proving that tour of service which together with the explanation in the enclosed aff t I presume will be satisfactory, and that he will be allowed a pension for all he claims.
I have not procured a Certificate as to the official signature of Col. Dayan Esqr. as I could not do it without sending to the office of Secy of State at Albany, and as Mr. Dayan was in the last Congress I supposed his signature would be well known at the War Department and I presumed that Mr. Hurlbut's explanation was not under oath with the certificate of his service would have been sufficient.
I am very Respectfully Yours etc. Prov.
W. S. Edwards Esqr. Comm. of Pensions
(J. Knox)

Jonah Burbutt
explay. statement

State of New York } Lewis County } Josiah Hurlbut of Milne in the County of Jefferson being duly sworn deposes saith that the term of service stated in this deponent's declaration under Capt. George Olin of Concord and in Colonel Ballard's Regiment was in the Massachusetts Militia and not in the New Hampshire Militia as it is stated in his written declaration on file in the Pension Office of the United States. That this deponent was not aware that this term of service was stated to be in the New Hampshire Militia until he was informed of it this day by his attorney who drew his declaration. That this deponent has never stated that said term of service was in the New Hampshire Militia and that it was a mistake of his said Attorney in taking down his statement in writing and that this deponent should not have subscribed to and sworn to his declaration had he so understood it.
Sworn and subscribed } before me this 12 th day of August 1834.
Josiah Hurlbut
Charles Dayan Sup Court Comm d .

Barnes Corner N.Y. Aug. 12-1930.
Commissioner of Pensions Washington D.C.
Dear Sir:-
Am writing to see if you can furnish me with any information regarding my gt-gr-mother, Mrs. Josiah Hurlbut, (Hurnah,) born who drew a pension from her husband, who was a Revolutionary soldier. She lived in Wilna Township N.Y. while drawing the pension. The pension was sent to

Dr. West of Carthage, who was her guardian. She drew her pension from about 1851 to 1862.
She was married to my gt gr. father Davis, before she married Mr. Hulbert, and am anxious to learn his first name, as he was also a Revolutionary soldier. Would also like to know if the record shows where she lived before moving to Wilma. She ran bullets for the soldiers all during

the Revolution & French & Indian wars, she died at the age of 115 years.
Elijah Davis, her son, was the last child born and my gr - father.
Thanking you in advance for any information you can give me
I am,
Mrs Henry Kellogg. Copenhagen, N.Y. Route #2.
my father who is 90 yrs. old thinks his gr - mother lived in or near Johnstown N.Y.