Revolutionary War Pension and Bounty Land Warrant Application File S. 5875, for Reuben Patrick, Massachusetts

SERVICE
NUMBER
Mass
Patrick Reuben
S 5875
carded
CONTENTS

14204
15493
New York
Reuben Patrick
of Seneca Co in the State of New York who was a private in the Company commanded by Captain Tuckerman of the Regt. commanded by Col. — in the Mass s line for Bennington.
Inscribed on the Roll of New York at the rate of 20 Dollars 00 Cents per annum to commence on the 4th day of March, 1831.
Certificate of Pension issued the 14 day of May 1831 and sent to E. G. Spaulding Athene
Arrears to the 4th of March 1833 $40.00 Semi-ant. allowance ending Sept. — 10.00
$50.00
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by W. L. Williams Clerk, Book E Vol. 4 Page 70

15.999 Reuben Patrick Genesee Co. N.Y.
admitted. 6 mos. Private.
E. J. Spaulding Albany N.Y.

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 subjunctive 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, showing the Service of Reuben Patrick
   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.     Done 1781. 6 Private Cooley E. D. Tuckerman Major Speckman Col. Davis None From Brookfield to New Rochelle to Nuttall 71 years Winceter 62 Mass. chit. Tradition of 2 Witsn. fees  
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.

Reuben Patrick's Application for a pension 6 months service
15993
v
Please send certificate to C.G. Spanlaing Africa Genesee Co. N.Y.

Declaration, Reuben Patrick
State of New York } ss:
County of Genesee. } On this sixteenth day of October in the year of our Lord one thousand eight hundred and thirty two, personally appeared in open court before the judges of the court of Common Pleas now sitting in said county of Genesee, Reuben Patrick a resident of Attica in the county of Genesee and State of New York, aged 71 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 act of congress passed June 7, 1832.
That he entered the service of the United States under the following named officers, and served as herein stated.
That he was born the 23 d day of February, in the year of our Lord, 1761, and resided at the time he entered the service in the town of Western, county of Worcester and State of Massachusetts - That the last of June on the 24 th of July in the year of our Lord, 1781, he volunteered his services in the militia of said State of Massachusetts, for six months, and joined a small division of the army at Brookfield in said State of Massachusetts, and served under the command of Major Speakman and lieutenant Cooley and sergeant Crocker there being at this place a quantity of military stores - That he was stationed here to assist in guarding the said military stores, there being only a few men at this place - That he was stationed at Brookfield until after the town of New London in Connecticut was burnt, when he marched to Rutland in said State of Massachusetts - At this place he joined the regiment under the command of Col. Davis in Captain Tucker-mans company - here he assisted in building barracks for the army until his time was out - That there were stationed at said Rutland a number of British Prisoners that were guarded by the American army - That he received a written discharge signed by Col. Davis, but he cannot tell what has become of it - thinks he was discharged the last of December in the year of our Lord, 1781 - That he has no documentary evidence and that he knows of no person, whose testimony he can procure, who can testify to his service.
He hereby relinquishes every claim whatever to a pension or annuity except the present and declares that his name is not on the pension roll of the agency of any State.

Sworn to and subscribed the day and year aforesaid in open court Timothy Fitch Clerk Reuben Patrick
We, Rufus Cheney residing in the town of Attica in the county of Genesee and State of New York, hereby certify and Eliphalel Hoages residing in the same place hereby certify that we are well acquainted with Reuben Patrick who has subscribed and sworn to the above declaration; that we believe him to be 71 years of age; that he is reputed and believed in the neighbourhood where he resides to have been a soldier of the revolution, and that we concur in that opinion
Sworn, and subscribed, the day } Rufus Cheney and year aforesaid in open court } Eliphalel Hoages Timothy Fitch Clerk
And the said court do hereby declare their opinion after the investigation of the matter and after putting the interrogatories prescribed by the War Department, that the above named applicant was a revolutionary soldier, and served as he states, and the court further certifies, that it appears to them that Rufus Cheney — who has signed the preceding certificate, is a clergyman, resident in the town of Attica county of Genesee and State of New York, and that Eliphalel Hoages who has also signed the same is a resident in the same place, and is a credible person, and that their statement is entitled to credit
Isaac Wilson James Faggart Robert Earl J. Mitchell Judges of Common Pleas J. Timothy Fitch, Clerk of the said court
In Testimony whereof, I have hereunto set my hand and the seal of the said court of common Pleas this sixteenth day of October in the year of our Lord one thousand eight hundred and thirty two
Timothy Fitch Clerk

Caroline Risley Dower of Atty.
I hereby substitute Loans and Grant to present for me the within claim.
Andrew McLaughlin
Washington March 10-1853-3-
Coale

Caroline Riley Proven of Atty-
I hereby substitute Evans and Gant to prosecute for me the within claim
Amos W. Muggins
Washington March 10-1853-
File

POWER OF ATTORNEY.
State of New York } ss. COUNTY OF Chautauqua }
Know all Men by these Presents,
That I, Caroline Risley & Isaac Mier do hereby authorize, constitute and appoint James W. Muzzey of Panama State of New York my true and lawful Attorney to prosecute for me and on my behalf, all and singular, claim or claims, I may have against the General Government of the United States, on ac- count of the service of my Father Reuben Patric deceased, in the war of the Re- bellion; the said power of Attorney to be irrevocable for the space of three years from the within date; and the said James W. Muzzey is hereby authorized to take all necessary and proper steps in the prosecution of said claim or claims on my behalf.
In Witness Whereof, I have hereunto set my hand and seal this 12 th day of February 18 53
Alma Hinkley J. P. } Stephen Palmer }
Caroline Risley (L.S.)
State of New York } ss. COUNTY OF Chautauqua }
Be it Known, That on the Tenth
day of February 18 53 before the subscriber, a Justice of the Peace in and for said County, duly authorized by law to administer oaths, personally appeared Caroline Risley above named, and acknowledged the foregoing Power of Attorney to be her act and deed.
In Testimony Whereof, I have hereunto set my hand, the day and year last above mentioned.
Alma Hinkley
J. P.
State of New York } ss. COUNTY OF Chautauqua }
I, Richd. O. Green County Clerk of the County and State aforesaid do certify, that Alma Hinkley Esquire is now, and was at the time of the date of the foregoing, a Justice of the Peace, duly commissioned and qualified to act as such in and for said County; and that the foregoing signature purporting to be his, is genuine.
In Testimony Whereof, I have hereunto set my hand and Official Seal, this fourteenth day of February A.D. 18 53  R. O. Green Clerk.

TREASURY DEPARTMENT,
SECOND COMPTROLLER'S OFFICE,
March 13 th 1854.
Sir:
Under the act of the 6th of April, 1838, entitled, "An Act directing the transfer of money remaining unclaimed by certain Pensioners, and authorizing the payment of the same at the Treasury of the United States;" and the third section of the Act of August 23, 1842, extending the time within which pensioners may receive their pensions from the Pension agents,
the children of Reuben Patrick, dec.
a Pensioner on the Roll of the Albany Agency, at the rate of Twenty Dollars and Cents per Annum, under the law of the 7 th June 1832, has been paid at this Department, from the 11 th of March 1836 to the 9 th July 1836.
Respectfully, yours,
J. M. Brookshead Comptroller.
14204 act 32
To the COMMISSIONER OF PENSIONS, Present.

Rev. & 1812 Wars Section.
January 31, 1924.
Mrs. S. S. Rogers, 1521 College Ave., Racine, Wis.
Madam:
I have to advise you that from the papers in pension claim S.5875 it appears that Reuben Patrick was born February 23, 1761, place not stated. While a resident of Western, Worcester County, Massachusetts, he enlisted in June 1781 and served 6 months as a private under Lieutenant Cooley and Major Speakman, guarding stores at Brookfield, Massachusetts, and part of the time in Captain Tuckerman's Company, Colonel Davis' Massachusetts Regiment.
He was allowed pension on his application executed October 16, 1832, while a resident of Attica, Genesee County, New York. He died July 9, 1836, leaving children, names not stated, except a daughter, Caroline Risley, who was living at Fredonia, Chautauque County, New York, in February 1853.
Respectfully,
Commissioner.

Washington, April 15 th 1883
Dear Sir.
We have been requested by Mr A. M. Mugggy, of Panama, Chautauqua County, New York, to examine the papers and to prosecute for increased the claim of Reuben Patrick. It is alleged that Mr Patrick, served in addition to the service for which he has been pensioned two years as a Teamster.
We enclose his Pension certificate to enable you to find the papers.
Very respectfully Evans J. Hart.
How L. P. Waldo Comm r of Pensions.

MRS. S. S. ROGERS 1521 COLLEGE AVENUE RACINE, WISCONSIN
Commissioner of Pensions, Washington, D. C.
Dec. 28, 1923
Sir:
Will you kindly send me the Pension Record of Reuben Patrick, Genesee Co., N. Y., Pensioner of the Revolution.
Placed on roll May 14, 1833.
Yours truly
Mrs. S. S. Rogers

1924, Jan. 31, Hist. to Mrs. S. S. Rogers
Rehran
5875
INVALID.
File No. 5875
Roeben Patrick
Prim Boer War
Act: June 7 th /32.
Index:—Vol. M , Page 287
[Arrangement of 1870.]