Revolutionary War Pension and Bounty Land Warrant Application File S. 9928, for Samuel Lear, New Hampshire

SERVICE
NUMBER
N 26
Lear, Samuel
89928
CONTENTS
Carded

5840
New Hampshire
Samuel Lear
of Spermaceti in the State of N H who was a Private in the company commanded by Captain  of the Reg t commanded by Col Dearborn in the N H line for 6  Days .
Inscribed on the Roll of N H at the rate of 21 Dollars 88 Cents per annum to commence on the 4th day of March, 1831.
Certificate of Pension issued the 18 th day of Feby 1833 and first I  W Franklin St of Refd
Arrears to 4th of Sept 1832 $32.82 Semi-ant. allowance ending 21 Mar 33  10.94
$43.76
{ Revolutionary Claim, Act June 7, 1832.
Recorded by S H as W Blain Clerk Vol. 1 st Page 167.

12, 41 3
Saint Lear
40 Males
6 Mo. & 17 days Allan
$ 21.88.
Mr Harper
HR

12,413
BRIEF in the case of  Samuel Lear  of  Merrimack  in the State of  N.H.  (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge? a Court  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity? ✓  3. How old is he? 70  4. State his service, as directed in the form annexed. 
   Period. Duration of Service. Rank. Names of General and Field Officers under whom he served.   Years, Months, Days.     May '80 - In 17 6 17 private  Gen Lt Cilly & Lt Col  Capt Frye - Col Durbin  on Roll of enlistment from Rye as having served 6 Mos & 17 days   
 5. In what battles was he engaged? none mentioned  6. Where did he reside when he entered the service? Rye  7. Is his statement supported by living witnesses, by documentary proof, by traditionary evidence, by incidental evidence, or by the rolls? living witnesses  8. Are the papers defective as to form or authentication? and if so, in what respect? Right 
X  Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
W. C. Easton Examining Clerk.  12 Feb 1833

332
Samuel Lear
12.4.13
Dr. Harper H.R.

DECLARATION.
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
State of New-Hampshire, } ss. County of Merrimack
On this 8 th day of September 1832 personally appeared before the Judge of the Superior Court of Judicature in Plenary Samuel Lear a resident of Epsom in the County of Merrimack and State of New-Hampshire, aged Seventy — 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 1780 — with Jon a Locke & Nathan Goff and served in the Col o Henry Dearborn's regiment of the Continental line, under the following named officers :
That he enlisted at Rye in the County of Rockingham and State of New Hampshire in May 1780 for Six months under Jonathan Locke & Nathan Goff a committee for the town of Rye appointed and marched to Kingstown N.H. where he mustered and marched directly to West Point and there joined the company commanded by Lt Jonathan Gilley, was under his command a few weeks then under Lt Goff, went from West Point to Orange town N. York thence to English Neighborhood (so called) thence to a place called Hackmetack, thence back to Orange town, thence to West Point thence to Soldiers Fortune, where he was taken out of his company as a guard and put under the command of Capt Elias Dyer, Lt Blagden & Capt. Richards, and marched down the River about eight miles to a village (the name of which he cannot remember) where he served until the expiration of the six months & was there honorably discharged by Lt Goff who came from Soldiers Fortune to the village above mentioned and brought his discharge, which he afterwards sent to Exeter N.H. to get his pay & has never been able to find it since. That the above mentioned service was in Col o Henry Dearborn's Regiment in the continental line
He hereby relinquishes every claim 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.
Sworn to and subscribed the day and year aforesaid.
Samuel Lear
And the said Court do hereby declare their opinion, that the above named applicant was a revolutionary soldier, and served as he states.
I, Moses Eastman Clerk of the Superior Court of Judicature in Plenary do hereby certify, the foregoing contains the original proceedings of the said Court, in the matter of the application of Samuel Lear for a pension.
In testimony whereof I have hereunto set my hand and seal of said Court, this Tenth day of September 1832
Moses Eastman
Ep. S.

12,413
Sam Lear
12,413 Sam Lear
Mr Harper HR

BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of Samuel Lear 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 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

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?  No
XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it?  No
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?  5
XIV. † If the applicant's name is not found on the rolls of military service, has he produced a witness or witnesses as to his service?
If he has produced direct proof as to service, has the magistrate who administered the oath, certified to the credibility of the witness or witnesses?  Yes
Has the proper officer certified to the official character and signature of the magistrate as the regulations direct?  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?  None to 1. 2. 3. 
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 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 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 shewn 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.
†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 official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
†QUERE XVI. 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 paper 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.
In every case where the clerk of the court, or other certifying officer, 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.

087 P. James UNITED STATES SENATE WASHINGTON. January 19, 1920
Auditor, Interior Department, Washington, D.C.
Dear Sir:- I beg to submit to you the enclosed Resolution, will you kindly give me the facts of the expenditure of private funds for the health in April, May, June, July, August, September, October, November, December in Epsom, New Hampshire and in Washington, D.C. for the purpose of the treatment of the disease of the throat and lungs. Any particular description of your record with thanks, I will return the same to you. Yours sincerely, Joseph P. James Joseph P. James H. H. Keyes Effie Buildg. Room 329

Treasury Department, Office of Auditor for the Interior Department, January 20, 1920.
Respectfully forwarded to the Commissioner of Pensions letter from Mr. Frank L. Aldrich, U.S. Senate Office Building, relative to the services of Samuel Lear, a soldier of the War of the Revolution. The writer has been advised of this reference.
Acting Auditor
SMC

I Daniel Seavey of Chichester in the county of Merrimack & State of New Hampshire of lawful age testify & say that in May or June in the year one hundred & eighty I enlisted into the service of the United States in the Revolutionary war into the Company commanded by Captain Nicholas Gilman in the Regiment commanded by Col o Scammon & Lieutenant Col o Dearborn in New Hampshire line in said Regiment I served one year & was discharged at Saratoga I was well knowing to Samuel Spear enlisting & going the same Regiment in which I served & believe he served six months according to the best of my recollection. I am a revolutionary pensioner & draw a pension of eight dollars per month from the United States treasury. I know that said Samuel Spear was at Westpoint point at the english neighbourhood Orangestown at Hackmatak in New Jersey & to the Soldiers fortune.
Chichester September 18th. 1832. Daniel Seavey
Merrimack County & State of New Hampshire Chichester September 18th. 1832. Then the above named Daniel Seavey personally appeared & made solemn oath that the above deposition by him subscribed is true
Before me Hall Burgin Justice of Peace
I hereby certify that the above named Daniel Seavey is a credible witness. his testimony is good in any court of law where he is known.
Hall Burgin Justice of Peace

State of New Hampshire Secretary's Office Sept. 18. 1832.
The within named Hall Bingham is a Justice of the Peace for our County of Merrimack duly constituted and sworn in his signature as such justice. In testimony whereof I have hereunto set the seal of the State.
Ralph Metcalf Secretary.

1911 June 19. Hist. to Frank L. Aldrich, from card catalogue 1935 Jan 24. Hist. to Frank L. Aldrich. aw.
Rev. h. m.
9928 INVALID.
File No. 9928.
Samuel Lewis
Phil. Penna
Act: June 9th 1830
Index:—Vol. 1, Page 22
[Arrangement of 1870.]

1832 70  1762
1820 55  1765
RECORDS DIVISION JUN 16 1911 OFFICE

FRANK L. ALDRICH SECRETARY JEWELL LODGE, No. 94, A. F. & A. M. HIRAM R. A. CHAPTER, No. 24
SUNCOOK, N. H.
June 14, 1911
Pension Department:- Washington, D. C.
Will you please inform me if a Samuel Lear, was a Revolutionary pensioner,
He died in Epsom N. H. I think in Nov. 1842,
Think he enlisted from town of Rye, N. H.
Any further information will be thankfully received.
Yours truly, Frank L. Aldrich

DEPARTMENT OF THE INTERIOR,
BUREAU OF PENSIONS.
Washington, D. C., _____, 19____
In reply to your request of _____, received _____ for a statement of the military history of Samuel Lear a soldier of the REVOLUTIONARY WAR, you will find below the desired information as contained in his (or his widow's) application for pen- sion on file in this Bureau.
   DATES OF ENLISTMENT OR APPOINTMENT. LENGTH OF SERVICE. RANK. OFFICERS UNDER WHOM SERVICE WAS RENDERED. STATE.   CAPTAIN. COLONEL.     May 1780 6 mos Pvt. St. Jonathan Killey St. Cass Capt. Ebenezer Frye Henry Dearborn Scamnel N.H.                                                   
Battles engaged in, _____
Residence of soldier at enlistment, _____
Date of application for pension, _____
Residence at date of application, _____
Age at date of application, _____
Remarks: There is no data on file as to his family. No one ever applied for pension as his widow.
Respectfully,
Commissioner.