Revolutionary War Pension and Bounty Land Warrant Application File S. 11549, for Ezekiel Thayer, Massachusetts

SERVICE
Mass.
Thayer, Ezekiel
NUMBER
S. 11549
CONTENTS
carded.

22889
4.58
New York
Ezekiel Shayer
of H  H  the  the  State  State of N. York who was a Private in the Company by Captain Gates  Gates — of the Regt.  Regt. — commanded by Col. Coles  Coles — in the State  State time for 7 Months
Inscribed on the Roll of New York at the rate of 23 Dollars 33 Cents per annum to commence on the 14th day of March, 1831.
Certificate of Pension issued the 1 day of June 1832 and Rev. No. 102800 for H  H  the  the  State  State
Arrears to the 14th of Nov. '32 $6 66 Semest. allowance ending 4th of Nov. '32 11 66
$58 32
Revolutionary Claims Act June 7, 1832.
Recorded by C.G. Mills Clerk Book E Vol. 1 Page 80
Letter to John Fleming Sept. 9th 1836 " " Pension " " A. B. Garrison " " " " " "

22889
In the matter of Frederick Shayer Application for a pension -
Herkins Co New York

State of New York } Herkimer County } ss
On the 12 th day of February in the year 1853 Ezekiel Theyer of the town of Winfield in the County of Herkimer in his 88 th year who being first being duly sworn according to Law in order to obtain the benefit benefit of the provision made by the act of Congress passed June 7. 1832 Saith that he was born in the year 1745 in the town of Farmington Bristol County & State of Massa- -chusetts. That in the year 1776 in the town of Petersham Worcester County Mass. he enlisted as a private in a company commanded by Capt Benjamin Gates in Col. Boles Regiment in the State Troops and immediately marched to Boston, which was in the month of March or this declarant believes - That the company was stationed at Dorchester point near Boston that he enlisted for two months and served that out the term of his enlistment and was discharged and returned to Petersham aforesaid. That in the month of June 1776 at Petersham aforesaid he again enlisted for the term of five months, that the said Capt Benjamin Gates commanded said company the Lieutenants name was Wing Spooner. That he does not recollect the C o of the Regiment nor the name of the Col. But the name of the Major was Scars - That soon after his enlistment the he was attached to New York and were stationed some

time in Water Street N.Y. and some part of the time they were up the River at a place called Greenwich that they remained in and about the city until the British drove them out of New York in that year when they were stationed at Kings Bridge, that this declarant was taken ill while at Kings Bridge in consequence of a Catarrus, and was carried over to the Jerseys, that after recovering from his disability he again joined his company at Harlem Heights at which place he was discharged and returned to Peter Sharn, which was in the month of October
In answer to the interrogatories presented by the said act he would state—
1. That he was born in the town of Stanton Bristol County Mass. April 15 th 1745 old style 2. That he has no record of his age— 3 That when called into service he lived at Peter Sharn Worcester County Mass. that he resided at that place until about the year 1787 when he moved to the town of Berry adjoining Peter Sharn where he remained about four years, he then moved to the state of Connecticut and remained there about nine years, in the year 1800 he removed to the state of New York and resided at Rome in Oneida County nearly twenty years—

he then removed to the town of Winfield Herkimer County has since continued to where he now resides
4 That he volunteered his services in the manner or stated in the above declaration in the State Troops - Massachusetts
5. The names of the officers of his company were Benjamin Gats captain. Wing Spooner, lieut and Major Sears, the col. he does not, from the circumstance of his station being he did not have much of an opportunity of seeing the field officers - That the most remarkable circumstances attending his service were a bombardment by the British between Dorchester point and Boston in which four Americans were killed this was during his two months service That during the five months service aforesaid the Battle of White Plains took place while this declarant was at Kennebec Heights -
6 That he received no written discharge
7 That Larkin Smith & Ruggles Spooner know this deponent and he believes that the said Ruggles Spooner knows that this declarant enlisted and joined the Army in the manner or above stated and that both of the above named witnesses can testify as to his veracity

and their belief that he served in the Revolution,
That no clergyman has for any length of time resided in the neighborhood of this declarant who can testify as according to the directions of the act of Congress and the forms prescribed by the War department.
That he hereby relinquishes every claim whatever to a pension or annuity except the present and declares that his name is not on the pension roll of the agency of any state -
Sworn to and subscribed Erk. H. Hays the day and year first in Open Court
Julius T. Wilson clerk

State of New York } ss Herkimer County }
residing in Plainfield Ruggles Spooner of the Town of Plainfield  Herkimer Herkimer  Otsego County State of New York aged Sixty Eight years being duly sworn in open court doth depose and say that he is well acquainted with who was suborned to the above declaration Ezekiel Thayer and has just acquainted with him in the year 1776 in the Town of Peter Shann in Worcester County Massachusetts that this deponent's father enlisted in a company of Volunteers and was the Lieutenant, that this deponent went with his father to the Town of Barry in said County from where the company stationed and he then saw the above named Ezekiel Thayer in the said company with his equipage on, and saw the company march off. This occurrence took place in the year 1776 some time or other this deponent believes in the first part of July. That this deponent understood the company to be five months men, and believes said Thayer at that time served five months in the said State Troops. That said Thayer is reported and believed in the neighborhood where he resides to have been a soldier in the revolution and is a man of truth and veracity and that said Thayer is about 88 years of age or believes

and that in common in that opinion — Subscribed and sworn
To in open court February 12, 1883
Ruggles Spooner
Julius Peterson Clerk
State of New York Herkimer County
ss
Larkin Smith residing in of the Town of Winfield in Herkimer county of the age of sixty two years being duly sworn in open court doth depose and say that he is well acquainted with Daniel Thayer who has subscribed and sworn to the above named declaration, that I believe him to be a man of about 88 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 I am in that opinion
Sworn & subscribed
February 12, 1883
Larkin Smith
in open court
Julius Peterson Clerk

And the said Court do hereby declare their opinion after the investigation of the matter and after putting the interrogatories prescribed by the War department that the above named applicant was a revolutionary soldier and served as he states, and the Court further certifies that it appears to them that Ruggles Spooner of the town of Plainfield who signed the preceding certificate is a resident of the town of Plainfield and county of Otsego N.Y. and that Sarkin Smith of the town of Winfield Herkimer County who has also signed the above certificate is a resident of the town of Winfield Herkimer County, and are both credible persons, and that their statements are entitled to credit.
I Julius C. Nelson Clerk of the Court of Common Pleas of the county of Herkimer do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Ezekiel Thayer for a pension.

In testimony whereof
I have hereunto set my hand and seal of office
this 12 day of February 1863
Julius E. Nelson Clerk

22889
Ezekiel Shayer Herkimer County N. York
admitted 7 mo. Private
Proof of service from E.D. Bump required
A. Osborn Herkimer N. York

WAR DEPARTMENT,
Pension Office.
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 Ezekiel Shayer Heerkimer C.
N. 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 March 1776 2 pr. Capt Gats lead. Col. Mass. 88 Petersham   June 1776 5 " Capt Gats Maj Secy Worcester 60 Mass. Living Witness Findings   7  
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.
[And then will follow the certificate of the Court.]
A. B.
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 do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of for a pension.
In testimony whereof I have hereunto set my hand and seal of office (i) this day of &c.
If, on examination of the proper record the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out.
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz:
(k) We, A. B., a Clergyman, residing in the and C. D. residing in (the same) hereby certify, that we are well acquainted with , who has subscribed and sworn to the above declaration; that we believe him to be years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.
Sworn and subscribed the 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 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, deponeth 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 [i] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule is same [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.
R. Newman clk

Penney
11549 INVALID.
out
File No. 11549
Ezekiel Thayer First Boer War
Act: June 7 th 1832
Index:—Vol. 2 , Page 874
[Arrangement of 1870.]

Payments to be made at New York by Rev. W. H. M. Agent for paying Pension- ers, in the Agency of
New York
Recorded in the Pension Of- fice, in Book E. Vol. I Page 80 by G. C. Still Clerk.

WAR DEPARTMENT.
Revolutionary Claim.
I certify that, in conformity with the law of the United States of the 7th June, 1832, Ozekiel Mayer of the State of New York who was a Private in the Revolutionary Army is entitled to receive Twenty Three dollars and Thirty Three cents per annum, during his natural life, commencing on the 4th of March, 1831, and payable semi-annually on the 4th of March, and 4th of September, in every year.
Given at the War Office of the United States, this 1 day of June one thousand eight hundred and thirty- Three
Lee
Secretary of War.
Examined and } Countersigned. }
J. Edwards
Commissioner of Pensions.

Dec 22 1834 N York Ezekiel Hays D. Harrison P.M. West Winfield N.Y. Sept 16
Free
J. L. Edwards Commissioner of Pension War Department Pension Office

J L Edwards Esq
West Winfield N.Y. Sept 16 th 1839
By request of Mr Hayes in compliance with your request of the 9 th instant I forward you his certificate for correction
David R Carriv