Revolutionary War Pension and Bounty Land Warrant Application File S. 14661, for Martin Terry, Connecticut

SERVICE
NUMBER
Conn.
Terry, Martin
S 14661
CONTENTS
boarded

1884 Dec 8 History
Stephen Perry, Con d Prior
25-
20.831 New York Martin Terry
of Genesee in the State of New York who was Prisoner in the Cause comm d by Captain Gate — of the Reg t comm d by Col. Hooker in the Warrenton line for 11 Months — " — m —
Inscribed on the Roll of New York at the rate of 40 Dollars 26 Cents per ann m to commence on the 4th day of March, 1834.
Certificate of Pension issued the 9 day of Oct 1834 and due to M c Hambleton Attica
Arrears to the 4th of Sep. '33 $100.60 Semim l . allowance ending 4th. '34 20.10 $120.70
Recorded by C. G. Stiles Book E , Vol. 1 , Page 81 { Revolutionary Class Act June 7, 1832

Pension Papers of Martin Terry
18041 V

State of New-york } ss    Sarah Terry of the Town Greene County } of Orangeville in the County and - - - - - State aforesaid being duly sworn deposeth and saith that she is the Sister of Martin Terry named mentioned and described in the fore- going declaration for a pension herunto annexed and that she the Deponent is Seventy years of age - And further this Deponent saith that she is well acquainted with the said Martin Terry and was well acquainted with him before the Revolutionary War - And further this Deponent saith that she and the said Martin Terry resided together with their father in the Town of Simsbury in the State of Connecticut during the Revolutionary war - And further that the said Martin Terry went into the service of the United States as a drummer under Captain Cose in the month of May in the year Seventeen hundred and Seventy Six and was absent from home about six months from home and returned home in the month of November or December next fol- lowing - That the said Martin Terry her father and all the Neighbourhood at that time and

afterwards stated that the said Martin Terry was in the service in the Army of the United States during that time - That she this Deponent saw him when he left home to go into the Army and that he carried a drum with him and wore a blue coat faced and turned up with red and saw him when he returned and when he so returned he wore the same coat and brought the drum home with him and said he had served in the Army while he was gone - And further in the summer of 1878 the said Martin Terry was gone about two months from home that he wore the same coat above mentioned when he went and carried a drum with him and when he returned she saw him and he wore home the said coat and brought said drum home with him and he the said Martin when he went from home said he was going into the American Army for two months as a drafted man and when he came home he said he had been serving in the American Army two months at Horse neck, - That her father and the Neighbors stated the same - And further in the summer 1879 the said Martin Terry went from home and said he was going into the service of the American Army and he was gone two months, that she saw him when he went away and when he returned home and he was dressed as above stated and carried away and brought a drum home with him - And the said Martin Terry said he had been in the Army at Horse neck two months as a drummer and she also heard it so stated in the Neighborhood - And further she has no doubt

that he served as he has stated in his declaration for a pension herunto annexed - And further this Deponent saith not
Sworn to and subscribed this 20 th day of September 1832 before me
Sarah Terry
Charles Wilder & Justin Pease
I the above named Charles Wilder do hereby certify that I am acquainted with Sarah Terry who has sub- scribed the above affidavit and that she is a person whose character is good for truth and veracity - Dated Sept 20 th 1832
Charles Wilder & Justin Pease
State of New York } ss - Sabra Terry of the Town of Genesee County } Argyle in the County of Genesee and State aforesaid being duly sworn deposes and saith that she is the sister of Martin Terry named mentioned and described in the foregoing declaration for a pension herunto annexed and that she this Deponent is seventy seven years of age - And fur- ther this Deponent saith that she is well acquainted with the said Martin Terry and was well acquaint- ed with him before the Revolutionary war - That she and the said Martin Terry resided together with their father in the Town of Simsbury in the State of Connecticut during the Revolutionary war

And further this Deponent saith that she has heard the foregoing affidavit of Sarah Terry hereto annexed read - And further this Deponent saith that she knows that the facts stated in the said affidavit of the said Sarah Terry are true - And further it was stated in the Nigh household in Simsbury aforesaid that the said Martin Terry served in the Revolutionary War as he has stated in his declaration for a pension hereto annexed - And further this Deponent saith that the said Martin Terry has at all times here tofore stated his services in the Revolutionary war the same as he has stated in his said Declaration hereto annexed - And further this Deponent saith not-
Sworn to and subscribed this 20 th day of September 1832 before me Charles Wilder Justice Peace
State of New York } ss Solomon Terry of the Town of Genesee County } Orangeville in the County and State aforesaid being duly sworn deposeth and saith that he is brother to Martin Terry named and mentioned in the declaration for a pension hereto annexed and this Deponent is seventy five years and upwards - And further he this Deponent and the said Martin resided with their father and in Simsbury in the State of Connecticut during

the Revolutionary war except where they were in said War - And further it was stated in the neigh- borhood in Simsbury at all times that the said Martin Terry served in the Revolutionary war as he has stated in his declaration for a pension herunto annexed and that he has at all times so stated to me - And further this Deponent saith not -
Sworn to and subscribed this 20 th  his Solomon L. Terry day of September 1832 mark before me Charles Wilder Justice Peace
I the above named Justice do hereby certify that I am acquainted with the above named Solomon Lerry and Solomon Terry who subscribed the above affidavits and that they are persons whose char- acter is good and reputable for truth and veracity - Dated this 20 th September 1832
Charles Wilder Justice Peace

State of New York
Genesee County Bp. I Timothy Fitch, Clerk of said County, certify, that Charles Wilder Esquire, before whom the foregoing affidavits of Sarah Terry, Sabra (Terry) Solomon Terry purport to have been taken and made was on date of taking of the same a Justice of the Peace in and for said County, and that I am well acquainted with the signature of said Justice subscribed to said affidavits and verily believe the same to be genuine. In testimony whereof I have hereunto set my name and affixed my official seal this twenty second day of October 1832.
Timothy Fitch Clerk

Martin Terry Pension papers
8057 20.17 10066
41.26 7
adm d 11 mo. clearance
Moultonborough Atkins N. York

Declaration in order to obtain the benefit of the act of Congress passed June 7. 1832.
State of New York } ss. County of Genesee }
On this Sixteenth day of October in the year Eighteen hundred and thirty two personally appeared in open court before the Court of Common Pleas in and for the said County of Genesee now sitting Martin Terry a resident of the Town of Oatka in the said County of Genesee and State of New York aged seventy two years and nine months 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 -
That in the month of May but on what day he does not know in the year Seven hundred and twenty six he enlisted at New Haven in the State of Connecticut as a drummer into the third company in the Eigh- teenth Regiment of Militia of the State of Connecticut under Captain Job Case

Lieutenant Benjamin Furnham and Ensign Job Case - that he served in said Company and Regiment as a drummer for the term of six months and was discharged in the lat- ter part of November or the first of December following at Harlem in the City of New York, but received no written discharge that in the Month of September 1776 he received the drummer's warrant which is hereto annexed - that as soon as he enlis- ted as aforesaid he joined the said Company and when he enlisted he thinks he did not enlist for any stated time - That soon after he so enlisted he and the said Com- pany were put on board a vessel and in four days after they landed in the lower part of the City of New York - That there were three hundred or more of the troops who sailed in the said vessel from New Haven to the City of New York when he was on board as aforesaid - That the said Captain Case Lieutenant Furnham and Job Case Ensign and also Colonels Pittibone and Humphrey Captain Samuel Roberts and Captain David Phelps and a number of other officers sailed at the same time in the said vessel with him from New Haven to New York - that when he arrived at the City of New York he and the said

company joined and was attached to the said Eighteenth Regiment of the Militia of the State of Connecticut. commanded by Colonel Pittibone whose Christian name he has forgotten and Major Seth Smith - That in the month of August he thinks the said Colonel Pittibone died in the City of New York and the said Major Smith commanded said Regiment which was in the year 1776 That he knew said Captain Roberts of said Regiment also the above named officers - That in the fore part of the Summer of 1776 the said Company & Regiment were stationed in the lower part of the City of New York and then they were stationed at Turtle Bay near Hell Gate fort - That he was in the City of New York at the time Long Island Battle was fought and was in sight of the army and on the night after the battle of Long Island the American Army retreated from Long Island to the City of New York - That some time after the Battle of Long Island the British army attacked the American Army in their intrenchments at Turtle Bay and drove the American Army from their intrenchments three miles to Harlem Fort he thinks - that he was there in the battle when the British attacked the American Army in their intrenchments - and that the next day the American Army attacked the British Army and drove the British Army

back to Porto Bay under their shipping that he was there in that engagement - and that after the battle the said Company and Regiment were stationed at Harlem aforesaid and was stationed there till discharged as aforesaid - That he saw Generals Wash- ington and Putnam in the said Battle and during that season he frequently saw them That he saw a number of Regular Regi- ments and officers during that season but does not recollect their names - That when he was discharged he was unwell and returned unfit for duty and after he returned home to his father's in Simsbury in the State of Connect- icut he was taken sick and remained sick for the term of six months - and that he lived in Simsbury aforesaid at the time he so enlisted and entered the service of the United States as aforesaid - And that all the time he served as aforesaid he served as a drummer in the said Company and Regiment

That in the summer of Seventeen hundred and twenty Eight but what month he does not recollect he was drafted in the Militia of the state of Connecticut at Simsbury where he resided at that time in the state of Connecticut - that he was so drafted as a drummer - and that when he was so drafted he joined the company commanded by the said Captain John Bass - but the other officers of said company he has forgotten that they marched directly from Simsbury aforesaid to Horseneck in the state of Connecticut and that they marched through New Haven - and when he and the said company arrived at Horseneck aforesaid they joined the Regiment commanded by Colonel Hooper; but who the Lieutenant Major or Colonel was he does not recollect - that he served in said company and Regiment as a drummer at Horseneck for the term of two months and was then discharged - That when he was discharged he received no written discharge - and that when he was so drafted he was drafted for the term of two months and that when he was so discharged he returned to Simsbury aforesaid - That he was in no battles during that term - That there was one Regiment only stationed at Horseneck where he was then to which he belonged

That in the summer of Seventeen hundred and seventy nine: but in what month he has forgotten he was drafted as a drummer in the Militia of the State of Connecticut at Simsbury where he resided in the State of Connecticut when he was drafted as last above stated - that he was drafted for the term of two months - that immediately thereafter he joined the company as a drummer at Simsbury aforesaid under the command of the said Captain Job Bass who resided at Simsbury aforesaid and soon thereafter the said company and he with them marched from Simsbury aforesaid to New Haven in the State of Connecticut and from there to Horse Neck aforesaid in the State of Con- necticut where the said company joined the Regiment commanded he thinks by the said Colonel Stocker in which company he served at Horse Neck aforesaid as a drummer for the term of two months from the time he was so drafted and at the expi- ration of two months he was discharged at Horse Neck aforesaid but received no written discharge - That he knew no regular officers or Regiment or company at Horse Neck at either time when he so served or was stationed there as aforesaid and thinks there was only one regiment stationed there and that was the one to which he belonged - There

There might have been more. That he recollects the names of none of the officers at Helder- berg aforesaid except the said Captain Cross and Colonel Hooker - That he was in no battles while he was in the said last mentioned two months service - That he has stated all the facts as to his revolutionary services as near as he can recollect and that he has stated truly as to the several terms of his service in the Revolutionary war - That the annexed drummers Warrant is all the documentary evidence he has and he knows of no person who can testify as to his services in the Revolutionary war except Solomon Terry, Sarah Terry and Sabra Terry whose affidavits are herewith annexed -
That he was born in Simsbury aforesaid said in the year 1759 60
That he has no Record of his age
That since the Revolutionary war he has lived in Simsbury aforesaid - Stephen Town - Albany County, New York - Marlinton Onondaga County New York and also in the Town of Orangeville Greene County New York That he now resides in Orangeville aforesaid -

That the names of persons to whom he is known in his present neighborhood and who can testify as to his character for veracity and their belief of his services as a soldier of the Revolution are John C. Salisbury post master and residing about one mile & a half from me and Jonas Parmachoutt a clergyman residing two miles from me.
He hereby relinquishes every claim whatever to a pension or annuity up to the present and declares that his name is not on the pension roll of the army of any state -
Sworn to and subscribed { Martin mark  the Terry the day and year aforesaid } his in open court
Timothy Fitch Clerk
We Jonas Parmachoutt a clergyman residing in the town of Orangeville in the said county of Greene and John C. Salisbury residing in the town of Sheldon in said county hereby certify that we are well acquainted with Martin Terry who has subscribed and sworn to the above declaration, that we believe him to be seventy two years of age; that he is respected 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 } Jonas Parmach the day and year aforesaid } John C. Salisbury in open court Timothy Fitch Clerk
And the said board 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 board further certifies that it appears to them that Jonas Parmach who has signed the preceding certificate is a clergyman resident in the Town of Arroyville in said County of Orleans and that John C. Salisbury who has also signed the same is a resident in the Town of Sheldon in said County and is a credible

person and that this statement is entitled to credit
Isaac Wilson William Mitchell Robert Carr Jr
I Timothy Fitch Clerk of the Court of Common Pleas in and for the County of Essex do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Martin Perry for a pension -
In testimony whereof I have hereunto set my hand and seal of my office this Sixteenth day of October in the year 1832 -
Timothy Fitch Clerk

I certify that I am well acquainted with the above named Martin Terry and that he can not nor does he write his name Dated June 1. 1833
Charles Wilder Justice Peace
State of New York Genesee County
I Timothy Fitch, Clerk of said county certify, that Charles Wilder before whom the above affidavit purports to have been taken and made was on the date of taking the same a Justice of the Peace in and for said county, and that I am well acquainted with the handwriting of said Justice and truly believe his name subscribed to said affidavit and to the above certificate to be genuine In testimony whereof I have hereunto set my name and seal of office this Thirteenth day of June 1833-
Timothy Fitch Clerk By B. Pringle Deputy

1804!
Martin Lury
room 2
ll
N. Jr.
M. Frankham
Attica

WAR DEPARTMENT,
Pension Office,
May 17 1833
Sir:
The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in a tabular form. On comparing these papers with the following rules and the subjjoined notes you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will shew what is necessary to be done. Those points to which your attention is more particularly directed, you will find marked in the margin with a brace; (thus: { ). You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your claim.
A Statement, shewing the Service of Martin Terry, Greenfield 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.     May 1776 about to December 1776 7 Drummer Caps Case Cols Pittsboro May Smith Col. Hooker Little Bay Ch. York Horeb Simsbury Connecticut tradition, dividing witness & warrant.   1778 " 2 " do Case Col. Hooker New Haven   1779 2 do Case Hooker age 72 years 9 months   1780  
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 A. B. Sworn to 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 (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) , who has 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 he 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, deposes and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service; but, according to the best of his recollection, he served not less than the periods mentioned below, and in the following grades:—For _____ year _____ months, and _____ days, I served as a _____ For _____ months and _____ days, I served as a _____; and for such service I claim a pension."
It is important, in all cases, to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months , is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state that they served two years in the militia, &c. without specifying the tours, the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must, in every case, be clearly shown under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
[f] The law makes the relinquishment indispensable.
[g] The opinion of the Court is always required.
[h] The Clerk must give his certificate in every case.
[i] The Clerk must affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he has no public seal of office, the certificate of a Member of Congress, proving the official character and signature of the certifying officer, should accompany the papers.
Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other papers authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
Proof of Service.
[j] In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses, who are required to set forth in their affidavits the time of the claimant's entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
[k] The notes from [a] to [c] 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.

State of New York Greene County
On this first day of June 1883 personally appeared before me the undersigned Charles Wilkin a Justice of the Peace in and for said County (Martin Terry of the Town of Arangerville in said County who being duly sworn deposes and saith that he is the very same identical Martin Terry who has subscribed and sworn to the declaration for a pension herunto annexed - (And fur- ther he the said Martin Terry deposes and saith that in the month of May 1876 he enlisted as he thinks for an indefinite period but if he did not he enlisted for the term of six months into Captain Gass Company and Colonel Pettibone's Regiment and served in said Company and Regiment for the full term of six months and no more as stated in the first term of his service in said declaration and that he did not state in said declaration that he served about seven months but stated therein that he served six months in said Company and Regiment - That he served therein as a drummer and in the field - That he made a mistake in said declaration as to his ensign - That it was Benjamin Bordwell who was ensign instead

of Job base
2
That in the summer of 1778 he served as a drafted drummer at Horse Neck in the field for the full term of five months and was duly discharged - That he served in Job base company and Colonel Hookers Regiment That he saw them there - That he served them as a drummer as he has stated in his second term of service in said declaration
3
That in the summer of 1779 he again served as a drafted drummer for the term of two months in Captain Catts company and Colonel Hookers Regiment at Horse neck in the field as stated in the third and last term of his service in his said declaration - That he saw the said Captain and Colonel there -
That he served all of said terms with the aforesaid corps called into service by competent authority; and for the terms during which the said service was performed, he was not employed in any civil pursuit - That he served in the whole as a drummer for the full term of ten months and for which service he claims a pension - And further with not
his Martin X Terry mark
Sworn to and subscribed this first day of June 1833 before me Charles Wilder Justice Peace

By Peter Smith Esq r Maj r of the 12 Regt of Militia raised for the security and defence of the state of Vermont to Master Jerry Gookins and by these presents reposing especial trust and confidence in your loyalty, courage and good conduct constitute and appoint you Martin Terry to be drummer in the 3 rd company in the Regt commanded by Lieut. Robert Case you are to be careful to discharge all such orders as you may have from any of our superior officers from time to time according to the rules and discipline of war for this shall be your sufficient warrant given under my hand at New York this Day of Sept r in the year of our Lord A D 1776
John Smith Maj r
S. File 14,661. 7

✓ 14661 INVALID.
Perhans
File No. 14661
Martin Lery
Dumares New Nat.
Act: Jasne 7 th 32
Index: —Vol. 1 , Page 321
[Arrangement of 1870.]