Revolutionary War Pension and Bounty Land Warrant Application File S. 5718, for Thomas Lyman, Massachusetts

SERVICE
NUMBER _____
Mass.
Lyman, Thomas
S. 5718
carded
CONTENTS

33 86.
Massachusetts
Thomas Lyman
of Northampton in the State of Mass who was a Private in the company commanded by Captain [blank] of the [blank] commanded by Col [blank] in the [blank] line for
Inscribed on the Roll of Mass at the rate of 33 Dollars 66 Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 20 th day of Dec r 1832 and sent to [blank] Huntingdon Northampton
Arrears to 4th of Sept 1832 $ 50.49 Semi-ant. allowance ending 4 Mar 33 16.83 67.32
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by S. H. [blank] Clerk Book [blank] Vol. 2 nd Page 64.

2666
Thomas Lyman Northampton Mass
Private 10 Mo & 3 days
The witness not certified to be credible - No clergy- man's certificate & no reason given why one cannot be obtained
A. Allen
$38.66
Charles P. Huntington Northampton Mass

BRIEF in the case of Thomas Lyman of Northampton in the State of Massachusetts (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge? Court  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?  3. How old is he? Twenty four years  4. State his service, as directed in the form annexed. 
   Period. Duration of Service. Rank. Names of General and field Officers under whom he served.   Years, Months, Days.     In 17 74-75 10 20 Minute Man Gen. Capt. Barnard   75 1 3 Private Col. Fellows   76 4 " " Col. Dike   77 2 " " Genl. St. Clair   79 3 " " Col. Chapin  
 5. In what battles was he engaged? none stated  6. Where did he reside when he entered the service? Northampton  7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls? Living witness & traditional evidence  8. Are the papers defective as to form or authentication? and if so, in what respect? None, unless not stated as credible - 
I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
L. L. Addison Examining Clerk.

DECLARATION,
IN ORDER TO OBTAIN THE BENEFIT OF THE ACT OF CONGRESS OF THE 7TH OF JUNE, 1832.
STATE OF MASSACHUSETTS, } ss. COUNTY OF HAMPSHIRE. }
ON this Eighth day of Aug t 1832 personally appeared in open court, before Samuel H. Hovey Judge of Probate of the court of Probate for the County of Hampshire now sitting, Thomas Lyman a resident of Northampton in the County of Hampshire, and State of Massachusetts, aged 75 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 7, 1832. That he entered the service of the United States under the following named officers, and served as herein stated.
He enlisted as a minute man the fore part of June 1774 under Capt Barnard & continued a minute man till 21 st April 1775. Then he marched to Cambridge the "Old Bay Road" in the company of Capt Jonathan Allen Lieut Oliver Lyman & Lieut Jonathan Stearnes. He belonged to the Regiment of Col Fellows & continued in said actual service a month & 3 days, stationed at Roxbury. Nathaniel Phelps of Northampton, Jonas Clark & Asahel Wright both of said Northampton were in same service both as minute men & actual service in the same company, that length of time, & he thinks much longer. In 1776 the latter part of July said Thomas enlisted as a volunteer in the company of Capt Oliver Lyman in Col Dike's Regiment. One Kellogg & Woodbridge were Lieutenants. He marched to Dorchester & was there stationed & served four months. Levi Kellogg of Utica was in the same service. In April (the fore part) said Thomas 1777, said Thomas enlisted as a vol t private in the company of Capt Simeon Clapp, in Gen H Blair's Brigade, Col, not recollected, unless it was Col. May, to go to Ticonderoga. & served two months, there stationed on Mount Independence. Matthew Clark of Northampton, Jonathan Wales of Northampton, Noah Clapp & Elisha Bridgman both of Northampton were in the same company, in the same service the same length of time & served. Said Thomas was born in 1756 in Northampton aforesaid & there enlisted each time. He lived there till 25 years of age then moved to Southampton, & lived there 30 years, since that time in Northampton. He never received a written discharge. He can prove the belief of service & reputation for truth by Rev Sol Williams & Simeon Clapp of Northampton. Said Thomas has omitted to state in order that besides the above terms of service, in 1779 in October he enlisted on account of the Indian alarm in Capt Joseph Clapp's company. Then Lyman Lieut in Col Chapin's Regiment & served 3 months. Marched through Blandford to Great Barrington, there waited for orders thence to Glanvick thence to Albany there stationed. Asahel Wright Simeon Clapp & Eli Edwards of Northampton were in the same service, same company, the same length of time.
He hereby relinquishes every claim 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.
Thomas Lyman Samuel H. Hovey Judge of Probate We, Solomon Williams residing in the town of Northampton and Asahel Wright residing in Northampton hereby certify, that we are well acquainted with Thomas Lyman who has subscribed and sworn to the above declaration; that we believe him to be 75 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. Solomon Williams Asahel Wright his mark
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 abovenamed applicant was a revolutionary soldier, and served as he states. And the Court further certifies, that it appears to them that Rev. Solomon Williams who has signed the preceding certificate, is a Clergyman & resident in Northampton and that Asahel Wright who has also signed the same, is a resident in Northampton and is a credible person, and that their statement is entitled to credit. Solomon Williams Asahel Wright his mark
I, Sam F. Lyman Clerk of the Court of Probate do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Thomas Lyman for a pension.
IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of office, this Tenth day of August in the year of our Lord one thousand eight hundred and thirty two
Sam F. Lyman Clerk.

Thomas Lyman 42
Militia
... and ...
 1 st Term paid by application of Hot. Lyman Nathaniel Phelps, Asahel Wright & Jonas Clark.  2 nd By deposition enclosed.  3 rd By application of Matthew Clark.  4 th By applications of Asahel Wright & Eli Edwards - 
No 2666
[Faint, illegible handwriting at the bottom of the page]

Thomas Lyman Northampton Mass.
No 2666.
Amended E. S. H.
His service as a Minute Man from June 1776 to 21 April 1775 - Not provided for.
Deposition amended on the margin

BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of Thomas Lyman which require further proof or explanation.
I. Does the declaration show where the applicant resides? Yes II. Did the declarant make the declaration in the county where he resides? He did III. If the applicant did not make the declaration in the county where he resides, is there any reason assigned for his not doing so? IV. Has the declarant mentioned the period or periods of the war when he served? He has V. * Has he mentioned 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? He has VI. Has he given the names of the officers under whom he served, in conformity with the regulations? He has VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832? He has VIII. Has the Court given their opinion? Yes, in his favor IX. Has the Clerk given his certificate? He has X. Is the Clerk's seal affixed? And if so, has it a device or inscription by which it can be distinguished from any other seal? Yes, the inscription is good.

XI. Has the applicant obtained the evidence of a clergyman and another respectable citizen as to their belief respecting his age and the general belief in his neighborhood relative to his revolutionary service? he has XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it? XIII. If the applicant has no documentary evidence, and has not obtained the testimony of at least one living witness, has he stated in his declaration that such proof cannot be had? XIV. † If the applicant has produced a witness or witnesses as to his service, has the magistrate who administered the oath certified that he, she, or they are persons of credibility? no - XV. Does it appear from any of the papers that the witness was in such a situation, or of such an age, as to have a personal knowledge of the applicant's service? it does - XVI. ‡ Are the papers authenticated as the regulations direct? yes - XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered? yes -
 EXPLANATORY NOTES.
QUERE V. 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.
† QUERE XIV. Proof of Service.
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 claimants 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 affidavits must be properly authenticated, as above directed.
‡ QUERE XVI. 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 paper 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.

Reah
5718
INVALID.
File No. 5718
Thomas Lyman
Print Rev War
Act: June 7 th 1832.
Index: Vol. M , Page 231
[Arrangement of 1870.]

Mr Thomas Lyman Northampton Massachusetts

Utica 16 th Nov 1832
Mr Lyman
you will find the certificate on the margin of the affidavit
Yours with respect
Levi Kellogg P.P.O. Kellogg
P.S. The certificate would have been obtained sooner if Judge Hayden had been in Loron - Yours &c P.V.K

I certify that Levi Kellogg the deponent who made the annexed affidavit on the margin of which the certificate is written is a credible person and that his testimony is entitled to the credence due to a witness of good character and clear understanding. Dated November 16 1832. Chester Mayhew, first judge of probate.
In the matter of the application of Thomas Lyman for a pension from the U. States an amount of service during the Revolutionary War.
State of New York, Onondaga County ss.
Levi Kellogg of Utica in the said County being duly sworn says that he is aged twenty three years in October next according to the account of his age. That at different times he served in the army of the revolution about three years, the most of the time as a private soldier. Six months of which was in the Continental army in Patterson's Brigade - Fanning's Regiment and in the company commanded by Captain Porter. That the remainder of the said time was spent by this deponent in the Militia of Massachusetts at several times from the year 1776 to the year 1781 except the before mentioned six months served in the Continental Army which was according to deponent's recollection in the year 1780. That while this deponent was so serving in the Militia and in the year 1776 at Lancaster this deponent and Thomas Lyman were both in the Militia service about four months in the company whereof Oliver Lyman was Captain and Mary Kellogg was first Lieutenant but deponent does not recollect the name of the Colonel commanding the Regiment. That during this time the said Thomas Lyman was waiter to the said Captain, and this deponent to the said first Lieutenant. Deponent was acquainted with the said Thomas Lyman at Northampton in Massachusetts, where he and this deponent both resided, previous to the said term of

Testify - That this deponent has within the last fifty years several times seen the said Thomas Lyman, when this deponent has visited Northampton, and has under- stood that the said Thomas continues to reside, and believes that he was residing at that place - Given the 12 th day of July 1832 before me Chester Hayden, First Judge of Onondaga County -
Levi Kellogg
State of New York Clerk's Office Onondaga County ss. I, George Brown Clerk of the County of Onondaga Do hereby Certify that Chester Hayden Esq. before whom the above af- fidavit purports to have been taken was on the day of the date of the same First Judge of the County Courts in and for the County of Onondaga Com- -missioned and sworn and duly authorized by Law to take affidavits &c. and to all his official acts as such Judge due faith and credit should and ought to be given - and further that I am well acquainted with the hand writing of the said Chester Hayden and verily believe the signature "Chester Hayden" subscribed to the said Certificate to be his own proper hand writing and signature
In Testimony Whereof I have hereunto subscribed my name and affixed the seal of the Court of Common Pleas of said County this 3 rd day of August A D 1832 George Brown Clerk Joseph B. Read Dep. Clk.
Attest for the deponent Levi Kellogg