Revolutionary War Pension and Bounty Land Warrant Application File S. 13718, for Lemuel Lewis, Massachusetts

SERVICE
NUMBER
Mass
Lewis, Lemuel
S13718
buried
CONTENTS

20756 New York
Samuel Lewis
of Wayne Co in the State of New York who was a Private in the Co. H. commanded by Captain Ballard of the Regt. commanded by Col. Nixons in the Mass. levy for 9 months
Inserted on the Roll of New York at the rate of 30 Dollars — Cents per annum to commence on the 4th day of March, 1831.
Certificate of Pension issued the 2 day of Oct. 1833 and due to D r Michael Phelps
Arrears to the 1st of Sep. '33 $ 75 Semi-ant. allowance ending 4 mo 24 15 $90
Revolutionary Claim, Act June 7, 1832.
Recorded by J. C. [unclear] Clerk Book E. Vol. 4. Page 66

14.854 Lemuel Lewis
e. j.
Admitted Private 9 months
Claimant, care of David M c Niel, Phelps, Ontario County New York

WAR DEPARTMENT,
Pension Office,
183
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. These 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 Lemuel Lewis of Wayne County New York
   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.     Enl'd Apr 1780 6 Private Capt's Hallam Col's Mason None to Spring field then to the Jersey line, then to West Point Royalston Worcester County Massachussetts Living Witness   1779 3 " Genl Sullivan  
I am, respectfully,
Your obedient servant,
J. L. EDWARDS,
Commissioner of Pensions.

REGULATIONS UNDER THE ACT OF JUNE 7, 1832.
The following regulations have been adopted:
This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army, and to include under the terms "Continental Line," "State troops," "militia," and "volunteers," all persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, &c. Teamsters, Boatmen, &c. Persons who served on board of Private Armed Vessels are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service.
Four general classes of cases are embraced in this law:
 1. The Regular Troops.  2. The State Troops, Militia, and Volunteers.  3. Persons employed in the Naval service.  4. Indian Spies. 
As rolls of the regular troops in the Revolutionary War exist in this Department, all persons, claiming the benefit of this law as officers, non-commissioned officers, musicians or privates, will in the first instance, make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides. And every Court having by law a seal and Clerk is considered a Court of Record.
DECLARATION,
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
State, Territory, or District of } ss. County of }
On this _____ day of _____ personally appeared (a) before A. B. a resident (b) of _____ in the county of _____ and State, Territory or District of _____ aged (c) _____ years, who being first duly sworn, according to law, doth on his oath make the following declaration, in order to obtain the benefit of the provision made by the act of Congress, passed June 7th, 1832. That he enlisted in the Army of the United States in the year (d) _____, with _____ and served in the _____ (e) regiment of the _____ line, under the following named officers:
[Here set forth the names and rank of the Field and Company Officers; the time he left the service; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers;) the town or county and State in which he resided when he entered the service; the battles, if any, in which he was engaged, and the country through which he marched. [This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.]
He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of _____
Sworn to and subscribed the day and year aforesaid.
A. B.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states.
I _____ of the Court of _____ do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of _____ for a pension.
In testimony whereof I have hereunto set my hand and seal of office (i) this _____ day of _____ &c.
If, on examination of the proper record the names of applicants, making such declaration, cannot be found, they will produce such proof as the note (j) points out.
Every applicant who claims a pension by virtue of _____ in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz:
(k) We, A. B., a Clergyman, residing in the _____ and C. D. residing in (the same) _____ hereby certify, that we are well acquainted with _____, who has subscribed and sworn to the above declaration; that we believe him to be _____ years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.
Sworn and subscribed the day and year aforesaid.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that A. B. _____ who has signed the preceding certificate is a clergyman, resident in the _____
and that C. D., who has also signed the same is a resident in the _____ and is a credible person, and that their statement is entitled to credit.
I, _____ Clerk of the Court of _____ do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of _____ for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this _____ day of _____ &c.
Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction.
If such surviving witness cannot be found, the applicant will so state in his declaration (l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his alleged service, as they are known at the Department. A very full account of the services of each person

will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County, in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.
The Court will propound the following (m) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.
 1. Where and in what year were you born?  2. Have you any record of your age, and if so, where is it?  3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?  4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom?  5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services.  6. { To a Soldier. } Did you ever receive a discharge from the service, and if so, by whom was it given and what has become of it? { To an Officer. } Did you ever receive a commission, and if so, by whom was it signed, and what has become of it?  7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution. 
The Court will see that the answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant.
The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons—one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion. If one of these persons is a Clergyman, the Court will so certify, and they will also certify, to the character and standing of other persons, giving such certificates.
The traditional evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party. And the Courts are requested to be very particular in the enquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
Applicants unable to appear in Court by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court.
Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature.
No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.
[a] The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance.
[b] The declarant must make his declaration in the county where he resides. If he should omit do so, he must assign a sufficient reason for not conforming to the rule.
[c] The age of the claimant must be specified, as well as the year of the war when he served. [e] Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had. Every claimant must state, with precision, the length of his service, and the different grades in which he served, in language so definite as to enable the Department to determine to what amount of pension he is entitled. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service; but, according to the best of his recollection, he served not less than the periods mentioned below, and in the following grades:—For _____ year _____ months, and _____ days, I served as a _____. For _____ months and _____ days, I served as a _____; and for such service I claim a pension."
It is important, in all cases, to determine with precision the period for which 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 , in the militia, &c. without specifying the tours, the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must, in every case, be clearly shown under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
[f] The law makes the relinquishment indispensable.
[g] The opinion of the Court is always required.
[h] The Clerk must give his certificate in every case.
[i] The Clerk must affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he has no public seal of office, the certificate of a Member of Congress, proving the official character and signature of the certifying officer, should accompany the papers.
Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other papers authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
Proof of Service.
[j] In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses who are required to set forth in their affidavits the time of the claimant's entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
[k] The notes from [a] to [i] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule 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.

Samuel Lewis
Application
148521
Roll July 5 '80 - 6 mo.
[Faint handwritten text, possibly "paper"]

State of New York County of Wayne
On this first day of October 1832 personally appeared before the Judges of the Court of Common Pleas - of the said County of Wayne Samuel Lewis a resident of Arcadia in the County of Wayne and State of New York aged seventy two 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 th 1832. That he enlisted in the army of the United States in the year 1780 with Capt. Haywood and served in the Col. Nixon's (6 th ) Regiment of Massachusetts troops in the Continental line, under the following named officers.
Enlisted about the 1 st April in the year 1780 in Capt. Haywood's Company in Col. Nixon's 6 th Regiment of Massachusett troops in the Continental line, and served six months, resided at this time in the town of Royalton, County of Worcester and State of Massachusetts, marched first to Springfield, from thence to the Jersey lines, where he joined Washington's army and remained in the State of New Jersey until near the close of his campaign when he marched to West Point in the State of New York where he received a written discharge about the 1 st of October in the year 1780, which he has since lost, and returned home - That in the year 1779 he enlisted and served three months does not recollect the name of his Captain or the number or Commander of his Regiment but thinks he was under the Command of Genl Sullivan - marched from the town of Royalton County of Worcester and State of Massachusetts, where he then resided, to Albany in the State of New York and in that vicinity at a place called Niskayuna. This expedition was for the purpose of guarding against the Indians who were continually expected in and about Albany, at that time served three months, received a written discharge which he has since lost, and returned home - Was born in the town of Townsend County of Middlesex and State of Massachusetts in the year 1760 - resided after the War in the town of Royalton County of Worcester and State of Massachusetts until the year 1798 when he emigrated to the State of New York where he has since resided - he has since resided in the town of Royalton, County of Worcester, State of Massachusetts he is well acquainted with Nathan Harrington who resides in his neighborhood and who will testify to his character for veracity and their opinions relative to his having served in the Revolution
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 any agency of any State (known to and subscribed the day) That he is well acquainted with Timothy and year aforesaid
William G. King who resides in the town of Royalton in the State of Massachusetts, whose affidavit is hereto annexed, doth hereby certify that he is well acquainted with Samuel Lewis and that he has no knowledge of any other person who is entitled to a pension under the act of Congress passed June 7 th 1832, except the person described in the foregoing declaration, which he has seen -
Samuel Lewis
We Jonathan Sharer and Samuel Lewis residing in the town of Arcadia County of Wayne and State of New York at Michigan do hereby certify that we are well acquainted with Samuel Lewis who has subscribed and sworn to the above declaration that we believe

Sworn to and subscribed the day) That he is well acquainted with Jonathan and year aforesaid 3 Armstrong who reside, in the town of Royalston in the State of Massachusetts, whose affidavit is hereto annexed, do hereby certify that he has seen the original aforementioned certificate of his discharge for service in the State of New York - that he has no other record of him in the State of Massachusetts, which he has seen -
Samuel Lewis
We Jonathan Sharpe and Asa Avery residing in the town of Arcadia County of Wayne and State of New York the  Michigan do hereby certify that we are well acquainted with Samuel Lewis 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 the day and year aforesaid
J. Sharpe W. Galt
As to the said Court do hereby declare their opinion that the abovenamed applicant was a revolutionary soldier and served as he states. And for the cause, that he appears to have Jonathan Sharpe and Asa Avery who have signed the foregoing certificate reside in Arcadia County and State aforesaid, and that the applicant is entitled to credit -
I John S. Coughlin Clerk of the Court of Common Pleas do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Samuel Lewis for a pension
In testimony whereof I have hereunto set my hand and seal of office this first day of October, 1832
John S. Coughlin Clerk

West Point Jan. 7 5 th 1701
This certifyeth that there is due to Lem d Lewis late a soldier of the 6 th Mass s Reg t Fifteen Dollars in the old, and Thirty three Dollars, thirty ninetieths in the New Bills, which I promise to pay him on sight when the same is Red by me from the Public.
W. D. [unintelligible] Cap t V.M.
[Decorative flourish]

Rev War
13418
INVALID.
File No. 13418
Lemuel Lewis Rev War
Act: June 7 th 1832
Index:—Vol. 1 , Page 221
[Arrangement of 1870.]

State of Massachusetts } On this twenty third day of July Worcester County ss. } A.D. 1832 before me Franklin Gregory Justice of the Peace within (and for said County of Worcester personally appeared Timothy Armstrong of Wendell in the County of Franklin State aforesaid of sound mind Who on his oath deposes and says that Samuel Lewis, an inhabitant of Royalston in said County of Worcester in the year 1780 Enlisted at the same time with said deponent which was in the latter part of June or fore part of July in said part of next said year to seven six months under Continental Officers we were marched to West Point in the State of New York and placed under the command of Major Harwood in Colonel Thomas Nixons Regiment and General John Nixons Brigade said deponent was soon after placed under the command of Colonel Shepherd in the 1st Infantry and has no further personal knowledge of the service of said Lewis but always understood and has no doubt he served during his enlistment Sworn and subscribed before me the day and year first above written Franklin Gregory Justice of the Peace
Commonwealth of Massachusetts. Worcester ss. I Abijah Bigelow, Clerk of the Judicial Courts, held within and for the County of Worcester, do hereby certify, that Franklin Gregory, Esquire, before whom the foregoing Affidavit was made and sworn to, is a Justice of the Peace, within and for the said

County of Worcester, and that his signature thereto appear to me to be in his own proper hand writing.
In testimony whereof I have hereunto set my hand, and affixed the County Seal of said County, this twenty fifth day of July in the Year of our Lord one thousand eight hundred and thirty two. Majah Bigelow, Clk.

State of New York  Personally appeared before me Wayne County ss:  The undersigned, a justice of the Peace for said County Samuel Lewis, 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 time of his enlistment in Capt. Hayward's Company, but according to the best of his recollection it was on the 10th day of April 1780 as stated in my Declaration herunto annexed - That he recollects clearly of serving under the said enlistment six months - does not know certain but it was later in the season than the first of April recollects clearly that the weather was warm, at the time of his enlistment, and when his term of enlistment expired the weather was cold - He knows of no person except Timothy Armstrong whose certificate accompanied his Declaration and who resides in Wendell, Franklin County, Massachusetts, who can testify to his service - That his three months service in the year 1779 commenced on the 20th day of August or within 4 or 5 days of that time, and it is wholly out of his mind where where command he served - cannot recollect the name of any of his officers except Sullivan - does not know whether it was Col. Sullivan or Gen. Sullivan - during the campaign there was not less than 4 Companies under arms - The Campaign was performed for the purposes mentioned in his Declaration (against the Indians etc near, and in the vicinity of Albany in the State of New York) - That he can produce no living witness of this last service, and shall rely wholly upon this neighbourhood witnesses and the investigation of the claim at the Pension Office for a decision That the last mentioned enlistment as also his first was with an embodied Corps, called into service by competent authority, and for the time during which the service was performed, he was not employed in any civil pursuit - That he was a private under both the enlistments above described - For such service, he claims a pension -
Sworn to and subscribed before me this 4th day of June 1833 -
Samuel Lewis
James Pierce Justice

State of New York Wayne County Clerk's Office } ss.
I do hereby certify that James Snow, Esquire, before whom the within affidavit purports to have been sworn, was on the day of the date thereof a Justice of the Peace in and for said County duly elected and sworn and that I am well acquainted with his hand writing, and verily believe that his name within subscribed is genuine.
In testimony whereof I have hereunto set my hand and affixed the seal of said County, at Lyons, this 12 th day of June A. D. 1833
Cullen Foster Acting Clerk.