Revolutionary War Pension and Bounty Land Warrant Application File S. 14,147, for John Phelps, Massachusetts

SERVICE
NUMBER
Mass.
Phelps John.
S. 14147
Carded.
CONTENTS

18455
1674 New York
John Phelps
Allegany Co in the State of New York he was a Private in the Company commanded by Captain Warren of the Regt: commanded by Col Baily in the Mass: militia time for Lyman.
Ann W. Murphy 43 Pine St. New York March 13 1865
Inscribed on the Roll of New York at the rate of 80 Dollars 00 Cents per annum, to commence on the 14th day of March, 1831.
Certificate of Pension issued the 27 day of May 1833 and sent to Ransom Leoy & Angeline
Arrears to the 14th of March 1833 $160.00 Semi-ant. allowance ending Septm 40.00
$200.00
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by W. L. Williams Clerk, Book 6 Vol. 4 Page 71

Treasury Department,
SECOND COMPTROLLER'S OFFICE,
May 1, 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,
one of the four children of John Phelps, dec.
"Pensioner on the Roll of the Albany Agency, at the rate of Eighty Dollars and Cents per annum under the law of the 7 th June 1832, has been paid at this Department, from the 1 st of Sept. 1841, to the 1 st March 1842.
Respectfully, yours,
J. M. Buchanan Comptroller.
14455 and 32
To the COMMISSIONER OF PENSIONS, Present.

1907
John Phelps Allegany Co New York
Admitted Lyons 80
Ransom Lloyd Esq. Angelica. Allegany Co New York

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 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, showing the Service of John Phelps Allegany Co, New York
   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.     June 1777 3 " " Priv. Capt Wm Bailey Capt Brad Lieut Muzzey Capt Wm Bailey Not stated Not stated 74 years G. Barrens New York Had two wit- nesses. Had a pension in New York But I suppose his name is struck off the rolls.  
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 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 he 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.
Joseph Rowen Esq.

Declaration of John Phelps -
19674 ✓
Mr. Wells

Declaration in order to obtain the benefit of the act of Congress of the second of June 1832.
State of New York,
County of Allegany ss. On this 30 th day of October 1832 personally appeared before the Court of common
pleas of Allegany County in open Court
John Phelps a resident of Angelica in said County aged seventy four 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 he enlisted in the Army of the United States at Great Barrington Massachusetts, on the fifteenth of June 1777, in Colonel Baileys Regiment, in the Massachusetts line and served three years, the period of his enlistment in Captain Waveris Company till his death at Valley Forge afterward Lieutenant Muzzey, and afterward Captain Bradford commanded the Company, and was discharged at West Point the thirteenth day of June 1780, by a written discharge signed by Lieutenant Colonel Bedlam, which discharge he carried about in his pocket book till it was worn out and lost; This applicant further saith that in 1819, he made application for a Pension under the act of 18 th March 1818, before Judge Miles in Onondaga County state of New York; and produced the testimony of Daniel Conner and of Joseph Culver, as to his said service, the said Conner testifying to the whole service, and the said Culver to about two years & eight months service; that afterwards he obtained a Pension certificate, under which he drew, one draft about forty eight Dollars, and after the act of 1820, he never made an inventory, as he supposed he should be struck off, that his pension certificate, was deposited with Judge Forman then of Syracuse in Onondaga County, who he understands has removed southward, but whose place of residence, if he is living, is unknown to this applicant; This applicant further saith, that when he made his first application in 1819, he resided in Fabius in Onondaga County and continued to reside there till 1832, when he removed to Angelica, where he now resides. He hereby relinquishes every claim whatever to a Pension or an annuity except the present, and declares that

his name is not on the Pension Roll of the agency of any state if it was struck off as he supposed it was, for want of an account by in 1820-
Sworn to and subscribed the day & year aforesaid
J W Shenman Clerk
John Phelps
And the said court do hereby declare their opinion that the above named applicant was a revolutionary soldier and served as he states, and that he is the same John Phelps who was on the Pension Roll under the act of 18 March 1818
John Griffin } Judges Jonah Utter } Asa L. Miller }
I Mason W Shenman Clerk of the Court of Common Pleas & General Sessions of the County of Allegany do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of John Phelps for a Pension. In testimony whereof I have hereunto set my hand and seal of office this 31 st day of October in the year 1832
J W Shenman Clerk

Restroom
141 44 cy INVALID.
File No.
141 147
John Phelps Brig. Rev. War.
Act:
June 7 th 1832
Index:—Vol.
1
, Page
273
[Arrangement of 1870.]

16,837 New-York. R
John Phelps, of 4 Quandaga co in the state of N. York, who was a private in the regiment commanded by Colonel Bailey , of the Massach'tts line, for the term of three years .
Enrolled on the Roll of New-York , at the rate of 8 Dollars per month, to commence on the 31. of August , 1819.
Certificate of Pension issued the 3 d of May , 1820 and sent to Elijah Miles , Judg Trabius , New-York.
Arrears to 4th of March , 1820. $: 51.87 Semi-ann. all'ce ending 4. Sept. } 1820. 48 " 6 mo. 15 } 1820. } $: 99.87. 31. }
{ Revolutionary claim, { Act 18th March, 1818. }

John Phelps, S. F. 14,147.
A search has been made and the above described soldier is the only one of that name found on the pension rolls, of the Massachusetts line.
D. H. + R.
Oct. 1, 1906.

STATE OF NEW-YORK, } Cayuga County, } ss.
I CERTIFY THAT John Grew before by whom the annexed proof  affidavit or acknowledgment was taken, was on the day of the date thereof, a Judge of the Court of Common Pleas in and for the County of Cayuga, duly commissioned and sworn as such Judge in a and that full faith and credit are to be given to his acts in that capacity. I FURTHER CERTIFY, that I am well acquaint- ed with the hand writing of the said John Grew and verily believe the signature to the annexed affidavit to be his hand writing. IN TESTIMONY WHEREOF, I have hereunto affixed the seal of the Court of Common Pleas of said County, and my name subscribed this Third day of December in the year of our Lord one thousand eight hundred and Ninety
James Dyer Clerk

Lewiston 25 August 1832.
Hon. Secretary of War
Sir, Being entitled to the benefits of the act of June 7. 1832, and being now in receipt of a pension I enclose my certificate herein. I served as a private in Capt. Joshua Brown's Company of Infantry in the first Massachusetts Regiment for three years - and I now reside in Porter, Niagara County, State of New York - I think myself entitled to 88 1/4. month until the passing of the new act - be pleased direct to me at Lewiston Post Office N.Y.
I have the honor to be very
Respectfully your Appl.
John Phelps.

5500.
John Phelps, pr. Onandaga county, N.Y. 31 st August, 1819.
Col o . Bailey's reg. Massach ts . line, 3 yrs.
found on the rolls.
Admitted.
Elijah Miles, judge, Fabius, N. York. rec d . 18. Dec r . 1819.

State of New York
County of Onondaga ss - on this thirty first day of August Eighteen hundred and nineteen before me the Subscribers one of the Judges of the Court of Common Pleas in and for the said County of Onondaga, Personally appears before me John Phelps aged sixty years and upward, resident in the Town of Fabius in the said County who being by me first duly sworn according to law, doth on his oath make the following declaration in order to obtain the provisions made by the act of Congress entitled an act to provide for certain persons engaged in the land and naval service of the United States in the revolutionary war that he the said John Phelps enlisted in the Town of Great Bearington in the State of Massachusetts on the fifteenth day of June in the year Seventeen hundred and sixty seven for the term of three years that he immediately on his enlist- ment went to Fort Edward and was attached to a Company Commanded by Isaac Warren, one Walker & some Muzzey were the Lieutenants of the said Company and Sturgis Sloan was the Ensign of the said Company the said Compa- ny belonged to the Regiment Commanded by John Bailey of the Massachusetts line that he continued to serve in the said Corps in the service of the United States until the month of June in the year Seventeen hundred and eighty when he was discharged from the service at West Point in the State of New York. That he did receive a printed and written discharge. He thinks signed by Colonel Bedlow, and that several years after he handed his said discharge to one Francis Hare. Said Hare stating to him that he could obtain some money toward his services if he had the discharge and that said Hare never returned said discharge to him, that during the time of his said service he was not in any Battle but was first Stationed at Tadoussac  Fort Edward and Marched from there to Stillwater from there to Fort Stanwix from there to Stillwater from there to Saratoga from there after the Surrender of Burgoyne to Pennsylvania and Stationed at Valley Forge during the rest of winter and worked at what was called Sullivans Bridge over the Schuylkill from there to White Plains then to Danbury in Connecticut then to Hartford then to Fishkill N. York then to the Highlands then to West Point where he received his discharge, that he is in reduced circumstances and stands in need of the assistance of his Country for support and that he has no other wages in his power of his said services.
State of New York ss on the day of the state as County of Onondaga ss
John Phelps

personally appeared before me Daniel Corner personally known to me and being duly sworn deposes and says that he was knowing to the facts set forth in the above affidavit and signed by John Phelps and stated that they are substantially true as set forth in said affidavit
Daniel Corner
In above affidavit
Sworn to. Submitted and declared before me this thirty first day of August 1819
Elijah Miles a Judge of Onondaga Common Pleas
I Elijah Miles a Judge of Onondaga Common Pleas do hereby certify that I have been acquainted with John Phelps above named for twelve years or more and feel fully satisfied that he rendered the service in the revolutionary war as above stated in his affidavit as he has uniformly borne the reputation of being a man of truth and veracity and that he is in reduced circumstances and stands in need of his Country's assistance for support, and I transmit the proceedings and testimony taken and had before me to the Secretary for the war department pursuant to the directions of the aforementioned act of Congress
Given under my hand at Salina in the County of Onondaga this thirty first day of August 1819
Elijah Miles a Judge of Onondaga Common Pleas
State of New York
Onondaga County } ss.
I certify that Elijah Miles before whom the within affidavits were taken was on the day of the date thereof a Judge of the Court of common pleas in and for the County of Onondaga duly commissioned and sworn as such Judge and that full faith and credit are to be given to his acts in that capacity. I further certify that I am well acquainted with the handwriting of the said Elijah Miles and Verily believe the signature to the within affidavits to be his hand writing In testimony whereof I have hereunto affixed the seal of the Court of Common Pleas of said County and my name subscribed this 3 d day of December 1819.
Ralph C. Mather, Deputy Clerk

State of New York Cayuga County Js
Personally Appeared Joseph Culver and being duly sworn doth Depose & say that he is fifty eight years of age and that he was in the Revolutionary army in the United States Service in Colonel Bailey's Regiment of Massachusetts Troops & that John Phelps belonged to the same Company It being in Captain Isaac Warren's Company & that this Deponent knew that the said John Phelps did actually serve in said Regiment as much as two years & a half & that this deponent has examined the application of the said John Phelps made before Judge Miles and believes it to be substantially true and that he is not interested in the event of the application made by the said John Phelps for a Pension
Sworn & Subscribed before me This 3 rd Day of December 1819
Joseph Culver
John Groom of Cayuga Co. Mass
I certify that I am personally acquainted with the above deponent & that he is a witness of Credibility John Groom