Revolutionary War Pension and Bounty Land Warrant Application File S 21,403, for Nathan Nye, Massachusetts

SERVICE
NUMBER
Continental Mass.
Nye, Nathan
S 21,403
CONTENTS

Vermont (11.671)
Nathan Nye
of Orleans Co in the State of Vermont who was a Dr in the Company commanded by Captain Howard of the Regt commanded by Col Jackson in the Vt. Inf'ty One for
6 Mo Private $20.00
Inscribed on the Roll of - Vermont at the rate of 20 Dollars - Cents per annum to commence on the 4th day of March, 1831.
Certificate of Pension issued the 4 th day of June and sent to 1836 Mt. care of T. Hinman, Derby, Vt
Arrears to the 4th of March 1833 40.00 Semi-ant. allowance ending 4 Sept. 10
$ 50.00
{ Revolutionary Claim, { Act June 7, 1832. }
Recorded by J. D. Sprague Clerk Book 6 Vol. 3 Page 80

20608
William Nye
Beaver

State of Vermont } At a Probate Court held in Caledon District } at Boston within and for said district of Caledon personally appeared Nathan Rye a resident of Derby in the county and district of Caledon aforenamed before said Court aged Seventy Three 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, 1832 - that I enlisted in the army of the United States at Middlebury in the State of Massachusetts in the month of June 1780 in the Massachusetts, for six months as a private and saw after muster at Springfield Mass - under Capt. Howard who marched to the West Point where we passed through a second time from there we were sent near one office where name I do not remember, to New Jersey to join our Regiment. Where I joined a Regiment commanded by Col. Henry Jackson and saw in a company commanded by Lieut. Hill, my capt. name I do not remember who was absent most or all of the time of my service. The place where I joined my Regt was I believe called Pennsylvania from there we march the night after I joined my Regiment back past Kingstown to the High Bridge where we rested and remained some time. On our as I suppose Bridge of the enemy  rebels there in the river - from there we went to Englestown  near from there I was taken to the hospital in Pennsylvania where after a recovery from a fit of sickness I remained taking care of the sick until I was ordered to Washington at Bladensburg in Oct. I believe - after remaining at Bladensburg some days I was taken out of my Regt and sent to White Plains where I served in a sort of post

under the last last Will and Testament of the late Col. John H. Shelton I have under the command of Col. Shelton from thence are returned the last points about the first of January where I was dismissed by or discharged by Col. DeMolay but without writing having served six months the term of my enlistment I further state that I have no documentary evidence - and know of no persons living by whom I can prove my service except Holmes Cushman of Portland and Appollos Packard of Woodstock who both were were with me in the service and I hereby relinquish every claim whatever to a pension or annuity except the present, and declare that my name is not on the pension roll of any agency of any state - I do hereby subscribe the day and year aforesaid -
Nathan Dyer
Attest John H. Kimball Register - And the said Court do hereby declare their opinion that the above named applicant was a Revolutionary soldier and served as the States -
I John H. Kimball Register of the Probate Court in the district of Orleans aforesaid do hereby certify that the foregoing contains the original proceedings of the said court in the matter of the application of Nathan Dyer for a pension.
In testimony whereof I have hereunto set my hand and seal of office.
This 30 th day of November A.D. 1832 -
John H. Kimball Register -

20,608 Nathan Nye
Admitted 6 mos $20.-
Applicant care of C. Hinman
Derby Vermont

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. 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 Nathan Myre of Orleans County - Vermont
   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.     Ent. June 1780 6 Pri: Capt Howland Col Jackson None from Middleburg to Westpoint then to New Jersey Middleburg - Massachussetts aged 73 years, Living Witnesses  
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 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, 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 [j] 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.

January 2, 1934.
XXXXXXXXXXXXXXXXXXXX
Mrs. Eda Whitney Safford 98 Pearl Street Burlington, Vermont
BA-J/ady Nathan Nye S.21403
Dear Madam:
Reference is made to your letter relative to one Nathan Nye, a soldier of the Revolutionary War.
The data contained herein are obtained from the papers on file in the Revolutionary War claim for pension, S. 21403, based upon his military service in that war.
While a resident of Middleboro, Massachusetts, Nathan Nye enlisted in June 1780 and marched under Captain Howard to West Point where he was placed in Colonel Henry Jackson's Massachusetts Regiment, served as private under Lieutenant Hill in said regiment, was detached, sent to White Plains, served under Lieutenant Howe in Colonel Sheldon's Regiment of Horse, returned to West Point in December and was discharged by Colonel Jackson, having served six months.
He was allowed pension on his application executed November 30, 1832 at which time he was aged seventy-three years and a resident of Derby, Orleans County, Vermont.
There are no family data.
This is the history of the only Nathan Nye that is found on the Revolutionary War records of this office.
Very truly yours,
A. D. HILLER Assistant to Administrator.
Date of death not on a.B.

State of Vermont } I Holmes Cushman of Hartland in the Orleans County } County of Windsor & State of Vermont Testify & say That in the year 1780 in the summer season Nathan Nye & myself joined the american army - in the state of New Jersey. The said Nye belonged Col Henry Jackson's regiment & served in the army the term out for which he enlisted which was six months
Holmes Cushman
Dorby Sept. 13. 1832
Sworn to before me
D. M. Camp Just. Peace
I hereby certify that the above named Holmes Cushman is a credible witness
D. M. Camp Justice of the Peace.
State of Vermont } Orleans County } 7
I do hereby certify that D. M. Camp who has affixed his name to the above is a magistrate duly qualified and I believe the same to be his genuine signature. In testimony whereof I hereunto subscribe my name and affix the seal of the said Court at Swanton this 29. day of November 1832
Isaac H. Allen Clerk

I hereby certify that this affidavit was used before the Probate Court on the matter of the application of Section 1496
J. R. Kimball Register
Thomas Guthman Affidavit

MRS. EDA WHITNEY SAFFORD STATE CHAIRMAN GENEALOGICAL RECORDS 98 PEARL STREET BURLINGTON, VERMONT
Nov. 29, 1933.
Mr. A.D. Hiller, Ass't to Com., Veterans' Administration, Washington, D.C.
Dear Sir:-
On page 65 of the "Revolutionary or Military Pensions 6th Census (1840) by U.S. Dept. of State, under Vermont in the town of Randolph, Nathan Nye is listed as a pensioner, age 78, and living in the family of Perley Orcutt. This Nathan Nye was born in 1760 and died in 1847 and served in Mass., we suppose. This Pearly Orcutt was his son-in-law, husband of his daughter, Nabby Nye. Can you identify his service or give me data of wife's name, or his place of service, that is residence at time of service? Any information other than that which I quote, or more definitely stated, desired. Kindly send bill with items.
Sincerely,
Eda Whitney Safford

Resolution
21403 INVALID.
File No. 21,403
Northampton
Pr. Re. 1872
Act: June 11 1872
Index:—Vol. 2 , Page 709
[Arrangement of 1870.]
1934 Jan. 2. Hist. to Mrs. Eda Whitney Safford. a.s.g.

Hypollos Paddock Affidavit
I certify that this affidavit was read before the Probate court in the matter of the application of Nathan Nye Jan 30-1832
J. H. Dinsdale Register

I Apollo Doolittle of Woodstock County of Windsor State of Vermont of lawful age testify & say that in the year 1780 I was acquainted with Nathan Vose then of Middleborough Mass. & knew that the said Vose was in the service of the united States six months in a company commanded by Lieut. Hall in Colo. Henry Jackson Regiment (Continental Troops) did duty in the State of New Jersey that I served in the same Regiment with the said Vose, & further deponent saith that the said Nathan Vose is now present at the signing of this affidavit
Apollo Doolittle
State of Vermont } Woodstock Sept 8th 1832 Windsor County } Then Apollo Doolittle known to me to be a credible witness, personally appeared & made solemn oath that the above affidavit by him submitted contains the truth & nothing but the truth Ozias Walter Palmer Justice of peace
State of Vermont } Woodstock County Clerk's Office 8th September 1832 Windsor County } I Benjamin Swan Clerk of Windsor County Court do hereby certify that Walter Palmer is one of the Jus- tices of the Peace within & for said County, and that the above is his Signature. - - -
In Testimony whereof I hereto affix the Seal of said Court, and subscribe my name the day & year above
Benj. Swan

I, Apollos Paddock of Woodstock County of Windsor State of Vermont of lawful age testify & say that in the year 1780 I was acquainted with Nathan Vose then of Middleborough Mass. & knew that the said Vose was in the service of the united States six months in a Company commanded by Capt. Hall in Colo. Henry Jackson Regiment (Continental Troops) did duty in the State of New Jersey that I served in the same Regiment with the said Vose, & further deponent sayeth not the said Nathan Vose is now present at the signing of this affidavit
Apollos Paddock
State of Vermont } Woodstock Sept 8th 1832 Windsor County } Then Apollos Paddock known to me to be a credible Witness, personally appeared & made solemn oath that the above affidavit by him submitted contains the truth & nothing but the truth Osgood Walter Palmer Justice of peace
State of Vermont } Woodstock County Clerk's Office 8th September 1832 Windsor County } I Benjamin Swan Clerk of Windsor County Court do hereby certify that Walter Palmer is one of the Jus- tices of the Peace within & for said County, and that the above is his Signature - - -
In Testimony whereof I hereto affix the Seal of said Court, and subscribe my name the day & year above
Benj. Swan

Revolutionary claims
1 Claim
Free.
Dec. 14 P. 20608
Hon. Lewis Cab Secretary of War Washington City.
Derby, H.

Derby Dec. 5 1832.
Sir, I herein enclose you the application & evidence of Nathan Wye for a pension and wish you would direct all communications on this business to him in this town to the care of the subscriber
Respectfully yours
Timothy Hinnman