Revolutionary War Pension and Bounty Land Warrant Application File R 8662, for John Reid, New York

SERVICE
NUMBER _____
New York
Reid, John
R 8662
CONTENTS

John Reid.
Oct 1832.
NY.
P. & B. type

State of New York } County of King }
Be it Known, that on this twenty first day of December A. D. 185 2 before me, the under- signed, a Justice of the Peace, in and for the County and State aforesaid, personally appeared Henry Reid one of the children of John Reid late of the city of Brooklyn deceased resident of said city of Brooklyn in said County, and made oath according to law that he is one of the heirs of said John Reid who was a Soldier in the war of the Revolution, and who has heretofore made application for the benefit of the Pension Act of 183
That John Reid  he is directly interested as a claimant in said Pension, and makes this affidavit to be filed with such additional evidence or ar- guments as my Agent may use in prosecuting said claim.
Countermanding and revoking all Powers of Attorney and authority heretofore given, I hereby constitute and appoint C. W. Bennett SAMUEL M. KNIGHT of Washington City , my true and lawful Attorney to prosecute the claim of John Reid for any amount of Revolutionary Pension, or increase of Pension that may be due; and I hereby authorize my said Attorney to examine all papers or doc- uments in relation to said claim, on file in the Department at Washington City or elsewhere, to file additional evidence or arguments, and to receive for my exclusive benefit, the certificate which may be issued for said claim, which certificate I wish made payable at the Washington City, D. C. Agency; to appoint one or more substitutes under him for the purposes herein expressed, and to do all things that I might or could do were I personally present. Hereby ratifying and confirming all that my said Attorney and Agent shall lawfully do in the premises.
Henry Reid
Sworn to, Subscribed, and Acknowledged before me the day and year above written, and I hereby certify that I believe the said Henry Reid to be directly interested in said claim as set forth, and to be the identical party
therein alleged. The name "Samuel M. Knight" erased and "C. W. Bennett" interlined before execution
Henry Reid
A. Winslow Justice of the Peace
State of New York } County of King }
It is Hereby Certified, that satisfactory evidence has been exhibited before me, Clerk of the Court of King's County of the Supreme Court that Henry Reid the party who has sworn to, and acknowledged the foregoing Declaration and Power of Attorney, is one of  the children of the reputed soldier aforesaid. I further certify, that A. Winslow Esq. before whom the preceding affidavit and Power of Attorney were made and acknowledged, was, at the time of so doing, a Justice of the Peace, in and for said County, and that the signature purporting to be his, I believe to be genuine.
In Testimony Whereof, I have hereunto set my hand and affixed my seal of Office,
this 21 st day of December 185 2
Warren A. Stryker Clerk
1. Claimant's name or names in full.—2. Post Office address. 3. "That he is the identical man," or, "that she is the widow of the identical man," or, "that he or she is the legal heir of the identical man," &c., &c. 4. Leave this line blank.—5. "He is," "she is," or "they are."—6. Revolutionary soldier's full name.—7. Claimant's signature.—8. Claimant's name.—9. Magistrate's signature. 10. "Identical," "widow of," or, "child of."—11. Magistrate's name.—12. Clerk's signature.
N. B.—Should two or more heirs join in the foregoing, the plural should be substituted for the singular number.

John Reids
6 papers to obtain pension

State of New York } p. On this First - day of July - County of Kings } in the Year one thousand eight hundred and thirty three personally appeared in open Court before the Justices of the Municipal Court in and for the Village of Brooklyn in the said County of Kings now sitting John Reid a resident of said Brooklyn in the County and State aforesaid aged eighty one years and upwards who being first duly sworn according to law doth on his oath make the following declaration in order to obtain the benefit of the act of Congress passed June 7. 1832.
That he entered the service of the United States under the following named officers and served as here in States. That some time in the Year 1775. an independent volunteer company of Horse or Cavalry was embodied and raised in said Brooklyn of which one Adolphus Waldo who kept a ferry between Brooklyn and New York was chosen captain and William Boerum was first Lieutenant and Thomas Bennett was second Lieutenant. That this declarant en- listed in said Company soon after it was raised. and was then elected a sergeant. That about nine months after said Company was raised the said Waldo resigned his said Commission and the said Boerum was then elected a captain of said Company and this declarant was then chosen Cornet of said Company. That the said Company was called into the service of the United States about one year before the Battle of Long Island was fought according to the best recollection and belief of the said declarant. That said Company were employed under the orders of General Green in riding express and riding express driving cattle towards the East end of Long Island to secure them from the enemy. That while the company was dispersed throughout the Island employed as aforesaid. This declarant was stationed by order of his commanding officer in the Steeple of

watching the operations of the Phoenix and Gen. frigates which were cruising in the bay of New York. That this declarant was at Hallett's cove on Long Island on a visit to his wife who resided there when the British landed upon Long Island and the battle of Long Island was fought. That declarant after the battle attempted to escape in a periauger up the North River to join the American Army but was taken prisoner while the periauger was aground, and through the intercession of some of his friends admitted to a parole and remained in this situation during the whole of the war, and that in consequence of his being employed as a town stated and detached from the army he is unable to state the names of any officers in the army - and that from his advanced age and loss of memory he is unable to state precisely when he entered the service and when he left the same, but that he served as a cornet for ten months and upwards until he was taken prisoner as above stated and for such ten months service he claims a pension. He hereby relinquishes every claim whatever to a pension or annuity except the present and declares that his name is not on the pension roll of any State.
Sworn to and subscribed, the day and year aforesaid -
John G. Murphy Justice of Peace
Kings County ss. John Boorum of Brooklyn in the said County being sworn declares and says, that he is aged - sixty one eight years and upwards, that he is the son of William Boorum named in the foregoing declaration of John Reid - that he recollects that the company of cavalry mentioned in the said declaration was raised and officered as stated in said declaration that he knew the said John Reid as a sergeant in said company at the time when the father of this deponent was first lieutenant of said company - but that he does not distinctly recollect

et whether the said John Reid was promoted or not when his said father was elected captain of said company - not believing he was That this deponent knows that the said company or troop were in the service of the United States under General Washington and were by him trans- ferred to General Green who had the command of the troops in Brooklyn. That the said company served in the service of the United States in the years 1775 and 1776. and until the Battle of Long Island was fought That said company was employed in driving cattle towards the East end of the Island and reconnoitring and other similar services. That this deponent has been acquainted with the said John Reid ever since the revolutionary war and that his character for integrity and veracity is unexceptionable.
Sworn to and subscribed the day and Year aforesaid John G. Murphy Justice
J. Boorum

I Richard Cornwell of the Town of Brooklyn in the County of Kings & State of New York Certify that I have been acquainted with John Rice of the same place for Twenty or Twenty five years. he has always borne the character of an honest. Industrious. and upright man. I have always understood from my Youth that he was one of the Patriots who took an active part in the Revolution. and assisted by personal service to procure the Liberty and happiness as a Government which we now Enjoy. as an Evidence of the public opinion of his Patriotic services he has frequently been invited to grace with his presence. together with his compatriots, (of whom there are but few) our processions in celebrating the anniversary of our Independence he is now over the age of Eighty years and bending under its weight. I believe him to be poor. and in all respect worthy of receiving compensation for service as a soldier of the Revolution from the Government upon whom he has lived.
Richard Cornwell
Brooklyn. County of Kings July 2. 1833
Venegas of the County of Kings
I concur with the sentiments expressed in the above Geo. Wall President of the Village of Brooklyn
State of New York Kings County } ss.
Mr Richard Cornwell and George Stone being duly sworn do hereby depose and say that the facts set forth in the above Certificate are true of my own knowledge and information
Richard Cornwell
Sworn in open Court July 19 1833
Joseph Dean Justice
Geo. Wall

Personally appeared before me Nathan B Morse First Judge of the County of Kings and State of New York - John Boerum of the aforesaid County and State - who deponeth as follows - That in the latter part of Seventeen Hundred and seventy five a Company of Troop was raised in Kings County - called the Kings County Light Horse then under the command of Adolphus Waldron - That his father William Boerum was 1 st Lieutenant Thomas Everit 2 nd Lieutenant - Isaac Sebring Cornet - and John Reed (who is now present) Sergeant - previous to the landing of the British Army on Long Island - the aforesaid Adolphus Waldron left his command and removed with his family to Second River in the State of New Jersey - after which the Officers of that Company were promoted according to their relative rank - That is to say - his father William Boerum to Captain - Thomas Everit to 1 st Lieutenant - Isaac Sebring to 2 nd Lieutenant and John Reed (the person now present) as the Deponent believes to Cornet - In the year of 76 - this Company - volunteered under General Washington - while encamped on Long Island after which they were transferred to Gen l Green - That this Company were occupied as Scouts - a portion of them watching the movements of the Enemy - and the remainder driving back the Cattle on the Island to prevent their falling into the hands of the British - and he the Deponent verily believes from the statement of his Father and others at the time - That although they clothed and equipped themselves with Horses and arms - and a great portion of the time found themselves in provisions - that they never received any compensation from the Government - and Deponent further states - that eight of this company of Troopers were taken prisoners - and his father escaped with the loss of his Horse by taking refuge in the Woods
Subscribed and sworn - before me the 1 st day of July 1833
J. Boerum
N. B. Morse
First Judge of the Court of Common Pleas of the County of Kings

The within deposition subscribed and sworn to before me in open Court the day and year aforesaid.
John G. Murphy Justice

Personally appeared before me John Murphy Esq. Judge of the Municipal Court of the Village of Brooklyn County of Kings and State of New York Abraham De Bevoise of the aforesaid County and state who deposeth and saith that he is now over seventy years of age - and has known John Reed (who is now present) for about fifty years - he also recollects that there was a Troop of Horse in Kings County under the Command of Captain Boerum and always understood that the aforesaid John Reed was one of its members - (although he cannot swear to that fact) - he has always understood that he was one of the patriots of the Revolution - He further deposeth and saith that he Abraham De Bevoise is a member of the Reformed Dutch Church of Brooklyn and has been such for the last forty years - and has known the aforesaid John Reed to have been a member of the same Church for at least twenty years last past and that his Character for integrity and veracity has always been good
Subscribed and sworn to Abraham De Bevoise
in open Court before me this 3 d day of July 1833
John G. Murphy Justice

I the undersigned do certify that I have been personally acquainted with Mr John Reid of the Town of Brooklyn for many years. That he has always sustained the character of an honest sober and industrious man, and by his uniform good conduct, he has secured to himself in his old age, the sympathy and regard of his fellow citizens. — Brooklyn July 10. 1833
Leferick Leferick
State of New York } Kings County } ss Leffer Lefferts being duly sworn doth depose and say that the contents of the above certificate is true to the best of his knowledge and belief
Leferick Lefferts
Sworn in open Court
July 20 th 1833. —
Joseph Deane Justice

I Jeremiah Johnson, of the Town of Brooklyn in Kings County and State of New York, aged sixty  eighty years, do certify, that I have been personally acquainted with John Reid of the Town and County aforesaid upwards of forty years, that he has uniformly borne a good character, and I believe him to be an honest man, that he now is, and for many years has been a Member of the Reformed Dutch Church of the Town of Brooklyn, and is in needy circumstances, and from age and infirmity is unable to labor for his subsistence. Dated Brooklyn April 6. 1833
Jeremiah Johnson, Supervisor
I am personally acquainted with the above named John Reid & believe him to be a very worthy & respectable Man. He has been for many years & still is a Member in good & regular standing of the Reformed Dutch Church of Brooklyn.
of the Town of Brooklyn & Clerk of the Corporation of the Reformed Dutch Church of said Town.
I concur with the sentiments expressed above.
A. H. Gysbert - Town Clerk, of the Town of Brooklyn, and member of the Consistory of the Reformed Dutch Church in said Town.
M. M. Dwight. Pastor of said Church.

State of New York } Adrain H. Geman being duly sworn Kings County before the Municipal Court in the Village of Brooklyn in said County doth depose and say that the Certificate subscribed by Jeremiah Johnson he deponent believes to be true according to his knowledge and belief Sworn in open Court July 20 - 6833 - Joseph Dean Tuttle
Adrain H. Geman
[Faint, mirrored text from the reverse side of the page]

State of New York } Kings County }
ss
I Simeon Hall Clerk of the Municipal Court in the Village of Brooklyn in said County do hereby Certify That the affidavits hereto annexed taken before Joseph Dean and John G Murphy Esquires were taken before said Justices in open Court and That the Seal hereon affixed on the within annexed affidavits is the Seal of Municipal Court in the Village of Brooklyn and was hereon affixed by me as Clerk aforesaid by the authority of said Justices. July 28 th 1833.
Simeon Hall
Clerk

State of New York } p. On this Eleventh day of October County of Kings } in the year one thousand eight hun- : dred and thirty three personally appeared in open court before the Justices of the Municipal Court in and for the Village of Brooklyn in the said County of Kings now sitting John Reid named in the foregoing declaration and affidavits & other papers who being first duly sworn according to law doth on his oath make the follow- : ing declaration supplemental to the said foregoing de- : claration. That the company mentioned in the fore- : going declaration before entering the service of the United States was embodied as a militia corps under Colonel Asp den residing in Flatbush upon Long Island. That the said company proffered their services to General Wash- : ington as such embodied corps and were accepted by him as such embodied corps and employed as such in the manner stated in the foregoing declaration. That the said company was afterwards transferred by General Washington to General Green who as this deponent understands had the command of the troops upon Long Island and were by him employed as an independent corps . That said company was not as this deponent believes attached to any partic- : ular regiment and consequently served under no particular Colonel or other Field officer, but was empl- : oyed as an independent volunteer corps . That the officers of said company were never to the knowledge to this deponent commissioned as officers of the Continental army, but while in the army of the United States were recognized and employed as officers according to their respective ranks. That this deponent ser- ved continually from the time he entered the service.

until he left the same. That he served as a cornet in said company for upwards of ten months, and that according to his own recollection he was for that length of time in the service of the United States but from a comparison of his recollection with historical facts and dates he is satisfied that he is mistaken but that he served as a cornet in the service of the United States for five months and for such five months service he claims a pension
John Reid
Sworn in open Court October 11 th 1833.
Simsbury Hall " " "

Act 7 June 1833
John Reed
N.Y.
Served in Independent Co Refected Brooklyn NY
See letter 7 Nov 1833
No
8642
Lt Wm L. Hudson U.S. Navy Brooklyn New York

Acts of July 14, 1862, and March 3, 1873.
8662
P. O. _____
John Reed
Service: Independent Co. en Brooklyn N.Y.
Enlisted: _____, 18
Discharged: _____, 18
REJECTED
ny Application filed: _____, 18
Alleges: _____
Re-enlisted: _____
Attorney: _____
P. O. _____
_____ Recognized. _____ Contr.
_____ Cert. of Dis. Searched for _____

War Department Pension Office September 2. 1833.
Sir
In obedience to your order I have the honor to report that the papers in support of the Claim of John Reed of Brooklyn, N.Y. were received at this Office the 26 th July last and have been examined. He alleged to have been a Sergeant and Corporal of an Independent Volunteer Company of Horse in Brooklyn, and was employed under the orders of Genl. Green in riding express and driving cattle towards the east end of Long Island to secure them from the enemy. It does not appear how the officers were commissioned, whether the Company was at any time embodied as a Military Corps under the proper authority, whether their service was occasional or continuous, or how long he served in each grade. It is therefore incumbent upon him to make a supplemental declaration, in which he should only include the service described in Note E. on the 3 rd page of the enclosed printed sheet with such precision as to bring each term into the Tabular form on the first page. The papers and also the letter of Lt. Housaw are herewith returned.

I have the honor to be Very respectfully Yours ob d Serv t
Geo. Wm. Brown Acting Com d of Pensylvania
Hon. L. C. Caton Secretary of War

July 26, 1803
Lenton 26. 334.
Office
N York case

1833 97
175 2 177 5 2 2
Brooklyn New York July 22 1833
Sir
At the solicitation of Mr John Reed of our Village I enclose a number of Certificates which have recently been obtained - as to his character - Claims as a Revolutionary pensioner, &c. I have known Mr Reed perhaps for 20 years - and have seen him on several public occasions, amongst the remnant of our revolutionary patriots - and always understood he was one of that number - I have known Mr Reed too - under brighter prospects - when he could hardly have anticipated the reverses he has met with - and least of all, that his necessities would have compelled him to claim the bounty of his country as a means of support in the decline of life. - Mr Reed is now bending under the weight of years - too infirm to labour for his subsistence - and has no means of support - save the scanty pittance of a few relatives - his character as a man and Christian, are, I believe beyond suspicion - It will be a source of gratification to me, and many other of his friends - to learn that his claims are such as to warrant your placing him on the list of revolutionary pensioners
I have the honor to be very respn Sir y - obed Servt
Honble Lewis Cass Secy of War Washington
Wm Lloyd L. & May
P.S. I am personally acquainted with the Gentlemen whose names are attached to the enclosed certificates - they are amongst the most respectable of our Citizens - and their statements entitled to the highest credit
W.H.

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 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
   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.              
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 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.