Revolutionary War Pension and Bounty Land Warrant Application File S. 16,547, for Dudley Swain, New Hampshire

SERVICE
NUMBER
N.H.
Swain, Dudley
S. 16,547
CONTENTS
carded

1256
New Hampshire
Dudley Swain
of Sandborrough in the State of N H who was a Private in the Company commanded by Captain of the Regt commanded by Col Bartlett in the N H line for 6 Mos 22 Days
Inscribed on the Roll of N H at the rate of 22 - Dollars 44 - Cents per annum to commence on the 14th day of March, 1831.
Certificate of Pension issued the 5 th day of Nov 1832 and sent Joseph West Concord N H
  Arrears to 14th of Sept 1832  $ 33.66    Pension allowance ending 2 Jan 33  11.22     $ 44.88  
{ Revolutionary Claim, Act June 7, 1832.
Recorded by J H H Clerk Book D. Vol. 1 st Page 184.

Adelphi Drama Ranch
No 9303.
in Role of Butts Ref 3 mo 22 days =
6 Month 22 days
$22.44.
Inm 16 West Emerald N.Y.

BRIEF in the case of  Quincy Train  of  Sunaborn  in the State of  New Hampshire  (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? 68 Years  4. State his service, as directed in the form annexed. 
   Period. Duration of Service. Rank. Names of General and field Officers   Years, Months, Days. As a     In 1780 " 3 x 22 Private Col. Barlett   81 " 3 " " Col. Fletcher  
 5. In what battles was he engaged?  6. Where did he reside when he entered the service? Merrimack N.H.  7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls? Every thing traditional evidence  8. Are the papers defective as to form or authentication? and if so, in what respect? 
I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
A. B. Adison Examining Clerk.
as per roll of service

DECLARATION
In order to obtain the benefit of the Act of Congress, passed June 7, 1832.
State of New-Hampshire, } ss. At Court of Probate held before me County of - Strafford - Daniel C Atkinson Judge of Probate for said County at Sandbornton -
On this sixteenth day of August 1832, personally appeared in open Court before the Judge of the said Court of Probate Dudley Swain - a resident of Sandbornton in the County of Strafford - and State of N. H. aged 68 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 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 he enlisted in Loudon now County of Merrimack in the State of New Hampshire in 1780 for three Months under Capt Butler , Lieut Kimball in Col Bentley's Regt . Dunbar Martin name was Chandler in New Hampshire line Marched to Amherst in now County of Belknap and State of Wisconsin and there passed Winter  there (do not recollect who was Marten ), from thence to Worcester Mass , from thence to Springfield Mass , from thence to a place called Glenshaw in State of New York , from thence to West Point served three Months and honorably dismissed but did not take a written discharge.
That he enlisted at Loudon in the now County of Merrimack and State aforesaid the last of August A.D. 1782 for three Months under Capt Joshua Woodman , Lieut. not recollect , in Col Blatchford's Regt in New Hampshire line. Marched directly to Charleston number four in State of New Hampshire , from thence to Gov. Chittenden's in Underland Vermont , from thence to Castleton , from thence to Allen Creek , to Fort Ann from thence back to Castleton and then stationed was engaged in scouting the Indians, served three months then honorably dismissed but did not take a written discharge.
That he has no documentary evidence and that he knows of no Person whose testimony he can procure who can testify to his service except the officers for three month service hereunto annexed.
That he was born at Hampsterfalls in the County of Rockingham and State aforesaid lived about fourteen years, moved to Kingston lived there about three years then lived in Loudon until he entered the service of the United States and since lived in Sandbornton in County & State aforesaid more than forty years last part and now resides in same place.
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. Dudley Swain
Sworn to and subscribed, the 16 day and year above mentioned in Council  D. C. Atkinson Judge of Probate
We, Abraham Bodwell residing in Sandbornton and Jonathan Cully residing in Sandbornton hereby certify, that we are well acquainted with Dudley Swain , who has subscribed and sworn to the above declaration; that we believe him to be 68 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. Abraham Bodwell  Jonathan Cully
Sworn and subscribed the 16 day and year above mentioned in Council
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 certifies, that it appears to them that Abraham Bodwell who has signed the preceding certificate, is a Clergyman resident in the Sandbornton and that Jonathan Cully , who has also signed the same is a resident in Sandbornton and are credible persons, and that their statement is entitled to credit.
Daniel C. Atkinson Judge of Probate 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 Dudley Swain for a pension.
In testimony whereof, I have hereunto set my hand and affixed the seal of said Court, this 23 day of August A.D. 1832
James Baillie Regt

16.547 INVALID.
File No. 16.547
Early American Revolutionary War
Act: June 7 th 32
Index:—Vol. 1 , Page 366
[Arrangement of 1870.]

I, Jonathan Gayton of Samsonstown in the county of Strafford in the State of New Hampshire do hereby certify that I entered the service of the United States in the month of May in June A.D. 1780 under Capt. Sinclair, a Col. Benedict Riggs in New Hampshire line for three Months, Marched to Springfield in Mass. thence to place called Clonwick in the State of New York, thence to West Point, served three Months and further that I know very well Dudley Duran of Samsonstown in the County and State aforesaid, and have known him for more than fifty years past, and know that the said Dudley Duran enlisted at the same time I did and served in the same Regt. but not in the same company, that I saw him day and know he served three Months and more discharged both at the same time.
Jonathan Gayton
Stratford ss State of New Hampshire July 31. 1832. Personally appeared the above named Jonathan Gayton and made oath in due form of Law that the above affidavit by him subscribed is just and true before me.
Samuel Duster Justice of the Peace
I certify that the above named Jonathan Gayton is a man of good character whose statements are entitled to full credit.
Samuel Duster Justice of the Peace
State of New Hampshire, Secretary's Office, July 31. 1832.
I hereby certify that the within above named Samuel Duster is a Justice of the Peace for our County of Strafford, duly constituted and sworn, and his signature as such his genuine handwriting.
In testimony whereof I have hereunto set the Seal of the State. Nathaniel Nute Clerk.

Wadsworth Swan
1109303
From J. C. West Elmer A. N. H.

BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of Ally Main 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 ? Yes, 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 ? Yes, 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 ? Yes, VI. Has he given the names of the officers under whom he served, in conformity with the regulations ? Yes, VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832 ? Yes, VIII. Has the Court given their opinion ? Yes, in his favor IX. Has the Clerk given his certificate ? Yes, 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 with an inscription,

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? Yes, 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? Yes, 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? Yes, 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? Yes, 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 the 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 authenticated 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 end 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.