Revolutionary War Pension and Bounty Land Warrant Application File S. 5671, for Lamuel Lamphar, New York

SERVICE
New York.
NUMBER
Lamphaz, Samuel
S. 5671.
CONTENTS
Carded.

29.009 Pennsylvania
Samuel Sampson of Bradford Co. in the State of Penn a who was a private in the Company, commanded by Captain Burney, of the Reg t commanded by Col. Graham in the Pennsylvania line for Militia for
One year & 5 Months.
M t V. Service Records corrected
Inscribed on the Roll of Pennsylvania at the rate of 56. Dollars 87 1/2 Cents per annum, to commence on the 14th day of March, 1831.
Certificate of Pension issued the 18 th day of February 1834. and sent to Hon. S. M c Keon. Senate U. S.
Arrears to the 14th of September 1833. 141. 66. 3/4 Pension allowance ending 1 st March 1834. 28 33 3/4
$170.00
{ Revolutionary Claim, Act June 7, 1832. }
Recorded by H. S. Evans Clerk, Book C Vol. 5 Page 36

29. 701.
Samuel Lamphan Penn a
Adue 1. yr. & 5 Months
56. 66
Hon S. McKean Senate U.S.

WAR DEPARTMENT,
Pension Office,
18 th Feby 1834.
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 subjoined 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 Samuel Sampson.
   Period when the service was rendered. Duration of the claimant's service. Rank of the claimant. Names and rank of the Field officers under whom he served. Age at present, and place of abode when he entered the service. Proof by which the declaration is supported.   Years. Months. Days.     1775 9 priv Capt. Sutherland 81 years   1776. 6 " Capt. Steinbach Col. Graham Nine partners N.Y.   1777 or 8 2. " Capt. Burey.  
I am, respectfully,
Your obedient servant,
JAMES 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 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 days 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 inquiry 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, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service; but, according to the best of his recollection, he served not less than the periods mentioned below, and in the following grades:—For _____ year _____ months, and _____ days, I served as a _____. For _____ months and _____ days, I served as a _____; and for such service I claim a pension."
It is important, in all cases, to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months , is too indefinite, and all such qualifying expressions are objectionable. 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 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 Lamphar Penn a
Adm 1 yr & 5 months
Hon S. M c Kean Senate U.S.

State of Pennsylvania. County of Bradford
§
On this third day of February A.D. 1834. personally appeared before me John Mac Keav, one of the judges of the court of Common Pleas & of Bradford County, Samuel Sampson, a resident of Burlington, county and State afo- said, aged eighty one, who being first duly sworn, according to law, doth on his oath make the following de- claration, in order to obtain the benefit of the provision made by the act of Congress, passed June 7 th 1832. That he entered the service of the United States, for the term of nine months, as a volunteer, under Captain Smith Sutherland, at the Nine Part- ners, State of New York, and was em- ployed, in watching, and pursuing the tories, in that neighborhood along the Hudson. At one time pursued a party of them, to Fishkill. And at various other times, was out in pursuit of them. At one time was sentry for one week, over a body of tories who had been taken pri- soners, at Nine Partners. His term of service, was what was called the minute service. Was in actual service during the whole time, in various scouts, the particulars of which

by reason of age he cannot now enumerate. His enlistment was at the beginning of the war in the year 1865. During this term he served nine months , cannot remember the names of other officers. In July 1866, after the expiration of the above term he enlisted in the company, commanded by Capt. John Steinbach of the town of Rhinebeck for the term of six months, as a volunteer. The regiment was commanded by Col. Morris Graham, Lieut. Col. Charles Graham, Second lieutenant Stephen Edget, names of the other officers forgotten. Mustered at Rhinebeck, went on board a sloop and went to West Chester. There was employed in guarding the East River was marched thence to White Plains and was at the battle of White Plains, and marched thence to Peekskill, where he was stationed until he was discharged, in January 1867 was employed some time at West Chester in helping to build barracks, at that place, and also Fort Montgomery, previous to going to White Plains, and after leaving West Chester. While on sentry on the East River there were three or four men of war of the enemy on the Sound. During this term of service he was

employed six months. After this removed to Manchester, Vermont, where he volunteered, in the spring of the year of 1777 or 8, which he cannot now remember, Captain Thomas Bar- ney, of Rhinebeck, and went to Put- land where the army was lying. was on several scores, once to Lake Champlain. Served at this time two months. Other Officers not recollected. The whole term of his service was seventeen months. Was in no battle beside the one at White Plains. Rem- embered none of the officers of the Conti- nental army, except General Washington Gen. Heath and Clinton, and Suf- fett. By reason of old age and infir- mity he cannot now enumerate oth- er particulars. He has no docu- mentary evidence, his discharge having been burnt, in his house in 1779, and knows of no person who can testify to his service or any part thereof except Moses Calkin whose deposition is forwarded herewith.
was born at New London District Conn. Mar. 17. 1752. The record of his age is recorded in Sunderland Vermont. He hereby relinquishes every claim whatever to any pension, except the present and he declares that his

name is not on the pension roll of any agency of any state
Sworn and subscribed the day and year aforesaid Before me. Samuel Lamphard
Jno M c Reyn
We Moses Calkin and Paul Dewitt residing in Burlington aforesaid hereby certify that we are well ac- quainted with Samuel Lamphard who has subscribed and sworn to the above declaration; that we be- lieve him to be eighty one years of age, that he is respected and beloved 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 Moses Calkin Jno M c Reyn Paul Dewitt
On the day and year and year aforesaid before me personally came Moses Calkin to me well known as a person of truth and veracity a firesider of the Uni- ted States, who being duly sworn deposited and saith, that he

Second six months, in the same re- giment with Samuel Sanphew. The commandant, of said regiment was Morris Graham, that said San- phew's Captain was John Steubeech and that said Sanphew, has to the best of his belief, given a correct statement, of his service during that term in the foregoing declaration. Further that it has always been repre- sented that said Sanphew served both before and after said term as he has set forth in the foregoing de- claration. And further such was Sworn & subscribed the day & year aforesaid. Moses Patten
vs M c Rae And the said John McKean, here- by declare his opinion of the inves- tigation of the matter and after put- ting the interrogatories prescribed by the War Department, that the above named applicant was a revolutionary soldier and served as he states. And he further certifies that Paul Dewart and Moses Patten who signed the foregoing certificate are residents of Burlington aforesaid and are credible persons, and that their declarations are entitled J. B. McKean

to credit, and that there is no clergy- man residing in his immediate neighborhood, and that by reason of infirmity he cannot attend court. The applicant aforesaid has also applied before, and his declaration was returned, for some informality and corrected before me. The papers were entrusted to me, and have been lost, sup- posed to have been sent on by John Lapsite Esq. M.C. and by him mislaid. And I further certify that the foregoing declaration corresponds, with the previous one, in every material point ac- cording to the best of my knowledge and belief. J. M c Reyn.
State of Pennsylvania Bradford County
I Elisha G. Goodrich Deputy Prothonotary of the Court of Common Pleas of said County do certify that John M c Reyn before whom the foregoing proceedings were had is and was at the date thereof an Associate Judge of the said Court duly qualified. And that I am acquainted with his signature & believe the above foregoing signature of John M c Reyn to be genuine. Witness my hand & the Seal of said Court this 4 th day of February A.D. 1834 E. G. Goodrich De. Pro.

Rechar 5678 over INVALID.
File No. 5671
Samuel Sampson Re Rev War
Act: June 7 th 31
Index:—Vol. M , Page 215
[Arrangement of 1870.]

July 1867 34
At the request Mr Sampson I enclose this an paper etc. It is sometimes said the first application recd his application has been lost, after it was returned and corrected. The old record is correct, and probably will not be lost, and suppose, that previous application to it, the old copy is much preferable. As there is any error, if the papers are returned to me, I will have them corrected immediately.
Very respectfully, Yours most obedt servt Thomas E. Paine

Sen M c Kean of the Senate forwarded this claim and in his letter spoke in the highest terms of the Claimant as a man of honesty and integrity with whom he has been acquainted twenty years. The letter of Sen M c Kean has been mislaid.
H. S. Evans 18 Feb. 1834.

Pension Office
Feb'y 14 th 1852.

W. S. Chamber Feb 12 - 1834
Sir
The accompanying application and documents have been sent to me to lay before the Secy of war. I have been myself acquainted with the applicant Saml Sampson more than twenty years and have frequently heard him speak of his revolution army services and compensation because he did not receive a pension he is aged very decrepit and destitute. I am also acquainted with Messrs Colkins & Paul Derritt who testify in his favor. They are men of integrity and responsibility may I be permitted to ask your attention to this case?
Respectfully J. M. W. N. W.
Hon. J. C. Calh.