Revolutionary War Pension and Bounty Land Warrant Application File S. 28,841, for Rufus Payne, Connecticut

 SERVICE 
NUMBER _____
born
Payne, Rufus
S. 28.841
CONTENTS

See letter to W. H. Clarke March 27. 1840.
16 Aug '37
Rufus Payne Worthy Parent
Albany 31. 138
Rufus Payne of Chenango in the State of N. York who was an Artificer in the company by Captain of the Regt. by Col. Huntington in the Conn t . command line for 2 years
Inscribed on the Roll of Albany at the rate of 144 Dollars Cents per annum to commence on the 4th day of March, 1831.
Certificate of Pension issued the 23 d day of June 1837 and sent to Wheeler H. Clark, Hudson, N.Y.
Arrears to the 4th of March '37, 864.00 semi-ant. allowance ending 4 Sept. " 72.00 $936.00
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by D. Brown Clerk, Book E. 2. Vol. 4. Page 54

Rufus Payne Pension Papers
14554
Ms. A. 9. 2. 20. 16

Declaration in order to obtain the benefit of the Act of Congress passed June 7. 1832.-
State of New York
Chenango County ss:
On this eleventh day of October 1832. personally appeared in open Court, before the Court of Common Pleas of the County of Chenango, being a Court of Record, Now sitting Rufus Payne, aged seventy four years, of the town of Otselic, County of Chenango aforesaid, 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 at the commencement of the Revolutionary war he enlisted, at the town of East Windsor, in the County of Hartford And State of Connecticut, as a soldier, in the Company commanded by Capt. Charles Allsworth, in the Regiment commanded by Col. Sedekiah Huntington, in the Connecticut State troops, under Brig. Gen. Spencer, That he marched to Roxbury, near Boston, And remained there, until about the last of December, when he was honourably discharged. That in the summer of 1776 he was drafted, And served in the Company commanded by Matthew Grant, in Col. Sages Regiment, for four months, when he was discharged. And soon afterwards, enlisted in the Company commanded by Capt. Wm Spring, in Col. Ezekiel Chivers Regiment, where he served nine months. That he afterwards enlisted for three years, under Capt. Wm Barton, in Col. Chivers Regiment, in the Brigade commanded by Gen. Knox. And served out his time at Springfield, where he was employed in the Armory, the greater part of the time. When he was discharged in March 1781. He hereby relinquishes every claim to a pension, except the present and declares that his name, is not on the pension roll of the agency of any State.-

That he has no evidence of his service, except the affidavits accompanying this declaration. To the first interrogatory, prescribed by the War Department, this Deponent answers, that he was born at Bolton, Conn. - in October 1758.
To the second - that he has a record in his family bible.
To the third. - that when called into service he was living at East Windsor, Hartford Co. Conn. - that since the Revolutionary war he has lived at the same place, till within about fourteen years - since which time he has lived at Sherburne, Chenango Co. and now lives at Otsego, Chenango Co.
To the fourth. - That he first enlisted, & was afterwards drafted as stated more particularly in his declaration.
To the fifth. - He recollects, Genl. Washington, & Putnam, Genl. Knox & Genl. Spencer, & Genl. Ward - recollects Col. Gys: Pitkin's Regiment. - He was wounded at Roxbury neck, while at Roxbury. 188 Shot, were fired on the troops at that place, through the streets of Roxbury, and a great number were wounded, by pieces of buildings and bricks, although no shot took effect, on any of the soldiers. Other general Circumstances of his service are stated in his declaration.
To the sixth - He received four Discharges, all of which are lost.
To the seventh. - He would give the names of Nathan Carr Clergyman, whose certificate accompanies this declaration Levi Allen Esq. Reuben Parker, Norman Ford Luther Bowen, Rufus Case Esq.
Isaac Bayor
Sworn to & subscribed the day & year aforesaid.
No. Pike Clk

Be it known that I, Seth Sexton residing in the town of Plymouth  Otsego and County of Chenango, do hereby certify that I am  we are well acquainted with Rufus Payne who has subscribed and sworn to the above declaration, that I  he believes him to be seventy four 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 I  we concur in that opinion. -
Seth Sexton
Sworn & Subscribed the day & year aforesaid. J. P. P. S. Sexton
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 that Seth Sexton who has signed the preceding certificate, is  are a resident of the town of Otsego, in Chenango County, and a  are credible persons.
M c Vay Lewis P. Gilmore Nathan Taylor Reg d Head
Judges of Chenango County Courts

Wm H Pike Clerk of the Court of Com- mon pleas in and for Said County of Chautauqua do hereby certify that the within contains the original proceedings of the said court in the mat- ter of the application of Rufus Paine for a pension In Testimony whereof I have here- unto set my hand and Seal of Office this 9th October 1832 -
Wm Pike Clerk
Rufus Paine Pension Papers
1A.554

Philaster -

State of New York } County of Columbia }
On this 16 th day of August 1850 before me Henry Miller — a Justice of the Peace in and for said County personally appeared Rector Payne a resident of Hudson in said County who being first duly sworn according to law, doth on his oath make the following Declaration in order to obtain an increase of pension in the case of his father, Rufus Payne deceased, under the Act of Congress passed June 7 th 1832. That he is one of the children of Rufus Payne who was an Artificer in the War of the Revolution and a pensioner of the United States at the rate of one hundred and forty four Dollars per annum. That his father the said Rufus Payne died in the County of Columbia aforesaid on the sixteenth day of August in the Year one thousand eight hundred and thirty seven and at the time of his death he left no widow and the following are the only children of the said Rufus Payne that are now living viz Rector Payne (the Declarant) and Worthy Payne and each of them are over twenty one years of age. In support of which claim Declarant refers the pension Department to the evidence on file in that office & to the late decision of the Secretary of the Interior relating to Artificers. And Declarant hereby appoints Mr. Valentin of Albany N.Y. as his substitute his Agent for the prosecution of said claim for one year — Subscribed & sworn to before } Rector Payne me this 16 th day of August 1850 Henry Miller Justice of the Peace Columbia County N.Y.
I certify that I am personally acquainted with Rector Payne and that he is the identical person above named & described This statement is entitled to full faith & credit —
Henry Miller Justice of the Peace Col Co NY

State of New York } County of Columbia }
George M Payne and Henry W Dakin — residents of Hudson in said County being duly sworn according to law Depose &th that Rufus Payne a pensioner of the United States died in said County on the sixteenth day of August in the Year one thousand eight hundred and thirty seven and at the time of his death he left no widow And the following are the only children of the said Rufus Payne that are now living viz Rector Payne and Worthy Payne & each of them are over twenty one Years of age — Subscribed & sworn to before } Geo M Payne on this 16 th — day of August 1850 } Henry W. Dakin Henry Miller Justice of the Peace Col Co NY
I certify that I am personally acquainted with George M Payne, Henry W Dakin — that they are credible intelligent and competent witnesses and their statement is entitled to full faith and credit — — — — — Henry Miller Justice of the peace Col Co NY

STATE OF NEW-YORK, COLUMBIA COUNTY CLERK'S OFFICE. } ss.
That Henry Miller _____, I, JOHN R. CURRIE, Clerk of the County of Columbia, do hereby certify, whose name is subscribed to the certificate of proof or acknowledgment of the annexed instrument, was, at the time of taking such proof or acknowledgment one of the Commissioners of Deeds, in and for the city of Hudson, in said County, dwelling in said city, commissioned and sworn, and duly authorized to take the same; and that I am well acquainted with the hand writing of the said Henry Miller _____ and verily believe that the signature to the said certificate of proof or acknowledgment is genuine. And that said instrument is executed and acknowledged according to the laws of the State of New-York.
IN TESTIMONY WHEREOF, I have hereunto set my name, and affixed the seal of said County this 16 th day of August _____ A. D. 1850. John R. Currie Clerk.

State of New York County of Columbia Surrogate's Court
On this 17 th day of August 1850 it was proved by the adduction of the annexed testimony which is satisfactory to said Court that Rufus Payne a prisoner of the United States, died in said County on the sixteenth day of August in the Year one thousand eight hundred and thirty seven. That at the time of his death he left no widow and the following are the only children of said Rufus Payne that are now living viz: Rector Payne and Worthy Payne. And each of them are over twenty one years of age.
In testimony whereof I have hereunto subscribed my name and affixed the official seal of said Court this day and Year first above written.
Charles B. Dutcher Surrogate

Mr Valentine Albany N.Y.
The Sargots will please send their papers by mail to Mr Valentine Albany N.Y.
Atkins Ter.

30. 11. 20
Rufus Payne New York
Return to
Samuel S. Randall New Berlin Chenango County N.Y.

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, shewing the Service of Rufus Payne
   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.     1775 9. priv. Capt. Ellsworth Col. Huntington 76 years   1776. Capt. Grant Col. Sage Charlford Conn.   9. Artificer Capt. Spring Col. Chevers   1777. 3 " Capt. Barton Gen. Knox  
I am, respectfully,
Your obedient servant,
JAMES 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.
□ 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.
[k] This traditional evidence is indispensable in militia cases.
[l] If a witness cannot be found, the declarant must state the fact.
[m] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.

Rufus Payne Pension Application
30. 620
Direct to Samuel S. Randall New Berlin. Chenango Co N.Y.
Admitted Private of Artillery Artificers 2 years
104
Wheler H. Clarke Esq. Hudson New York

Declaration in order to obtain the benefit of the Act of Congress, passed June 7, 1832. State of New York Chenango County ss. On this Eleventh day of February. One thousand, eight hundred and thirty four, personally appeared in open Court, before the Judges of the Court of Common Pleas, in and for said County, now sitting Rufus Payne, a resident of the town of Otselic, in said County aged seventy six 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 in the month of April 1775, he enlisted as a private soldier in the Company commanded by Capt. Charles Elsworth, in Col. Sedediah Huntington's Regiment, and Gen. Spencer's brigade, where I served nine months, at Roxbury, and was discharged about the last of December, in that year - While there, I recollect at one time the enemy fired one hundred and eighteen shots among a thousand men of us, and wounded several - At another time I was sent on a scouting party, between the lines fired on by the British, and wounded - In the summer of 1776, I was drafted in the Militia and marched to Horse Neck near New York, under Capt. Matthew Grant and Col. Sage, where I remained four months - While there, the American Army retreated from Long Island, Governor Island and the City of New York - In the fall I was discharged. An Arsenal had been established at Springfield, Mass: to make and repair Arms &c. and having been some acquainted with the Armory business, I was applied to.

And enlisted under Capt. William Spring, for Nine Months, under Col. Ezekiel Chivers, which time I served faithfully and was discharged. In 1777 I enlisted under Capt. William Parton in the same Regiment last above mentioned, under General Knox, for three years, and was discharged in March 1780. I at first enlisted under Capt. Parton for one year, but orders soon came from Gen: Knox, to enlist all the old workmen, if possible for three years, and offered as a bounty one suit of clothes extra, and the privilege of being inocula- ted and having the small pox, at the expense of the Government. I then took up my one year enlist- ment, and enlisted for three years. Col. Chivers styled himself, Deputy Continental General of Military Stores. Our pay was $5.12 per month. At one time there was no bread, and we drew one gill of Rice per day as a substitute, and some of us bought Corn Meal, for which we paid two months wages for one bushel - When we drew our last Wages I paid $200 for a Cow, worth about $10. or $12. in good money. That the whole time this Deponent served is Four years and ten months. He hereby relinquishes every claim whatever to a pension or annuity except the present, and de- clares that his name is not on the pension roll of the Agency of any State. That the proof which is not herewith sent, of his services, is now on file in the War Department, on a previous unsuccessful application. - That this deponent has been unable to procure the atten- dance of a Clergyman from his neighbourhood, or who is acquainted with him, at this term of the Court, but refers to his papers now on file in the Department, for such Certificate. -

Interrogatories by the Court.
1. Where, and in what year were you born?
Ans. At Bolton, Hartford Co. Conn: in the Year 1758 Oct: 28 th
2. Have you any record of your age, & if so, where is it?
Ans. None except in the family Bible.
3. Where were you living when called into service, where have you lived since the Revolutionary War, & where do you now live?
Ans. When called into service, I lived at East Windsor Hartford Co. Conn: where I have lived since the Revolutionary War, until sixty years of age, when I removed to Sherburne, Chenango Co. N.Y. I now reside in Otsego, Chenango Co.
4. How were you called into service - were you drafted - did you volunteer - or were you a substitute - and if a substitute, for whom?
Ans. At first I enlisted - was afterwards drafted - and again enlisted, as stated above in my declaration.
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 service.
Ans. He recollects, Gen: Washington, Spencer, Knapp, Putnam, Lee, Payne and Col: Chivers, Huntington
6. Did you ever receive a discharge from the service, and if so, what has become of it?
Ans. He received a discharge, which is now lost

7. State the names of persons to whom you are known in your present neighbourhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution. —  Ans. Nathan Loring, Reuben Parker, Levi Allen, Elisha Angell, Allen, Seth Lupton  Rufus Payne
Sworn to & subscribed the day & year aforesaid.  P.B. Middle Def Clerk
We Jonathan  about Chandler and Samuel S. Randall the former of Norwich & the latter of New Berlin, County of Chenango hereby Certify that we are well acquainted with Rufus Payne, who has subscribed and sworn to the above declaration — that we believe him to be Twenty Six 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 & subscribed the day & year aforesaid.  Jonathan Chandler Samuel S. Randall  P.B. Middle Def 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 certify that it appears to them, that Jonathan  about Chandler and Samuel S. Randall are creditable persons and that their statements are entitled to credit and that he cannot produce any disproof in open court.

testify to his character for revolutionary services and moral integrity =
Smith McIndoe Nathan Taylor } Judges Charles Dorr
Chenango County ss I David H. Pike Clerk of the said County do certify that the preceding contains the original records in the matter of the application of Payne for a pension
In Witness Whereof I have hereunto set my hand and the Seal of the said County the 11th Day of February 1834. D. H. Pike Clerk

Declaration, In order to obtain the benefit of the act of Congress of the 7 th June 1832,
State of New York County of Columbia
City of Hudson } S. On this twenty sixth day of May One Thousand eight hundred and thirty seven personally appeared in open court, before the justices of the justice's Court of the City of Hudson, the same being then in session and being a court of record Rufus Payne a resident of the aforesaid City of Hudson County and State above mentioned aged Seventy nine years and two hundred & fourteen days 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 th 1832.
That in the month of April 1775 he intended to go and did go to Roxbury near Boston under Captain Charles Elsworth as private & served his time

out and was paid and discharged. This applicant has the certificate of William Field, Comptroller of the State of Connecticut of the term of service, but he does not in this present application wish to avail himself of it.
This applicant further states that in the fall of 1776 or in the first part of the winter 1777 the applicant enlisted in Captain William Sprague's company of Artillery artificers for nine months. This applicant served this time out and then enlisted Captain William Dutton in his company of Artillery artificers for one year & served a part of said year, and before the year expired a request was made upon the armory at Springfield to enlist for a longer period and this applicant did enlist as a private in the Continental Troops of the United States, commanded by Captain William Dutton for the period of three years which time this applicant served and was honorably discharged. The company was called Artillery artificers and was stationed at Springfield in the State of Massachusetts.
This applicant was well acquainted with Jacob Sargeant in the time of the Revolutionary

This applicant was well acquainted with Jacob Sargeant in the time of the Revolutionary
war whose deposition is hereto annexed, and recitals of his serving with him in the Springfield Armory at and during the time mentioned in said Jacob Sargeant's said annexed deposition and that said Sargeant was in the same Company with the applicant. This applicant refers to said Jacob Sargeant's annexed deposition and to the annexed certificate of William Field, Comptroller of the State of Connecticut in confirmation of this declaration made by him.
This applicant further states that he has not in his possession any other documentary evidence than what is set forth in this his declaration.
This applicant further states that when he enlisted as in herein above stated, he resided in East Windsor in the State of Connecticut.
Said applicant hereby relinquishes every claim whatever to a pension or an to a pension or an annuity except the present, and he declares that his name is not now the Pension Roll of any agency in any State. I sworn to and subscribed

the day & year aforesaid Before the said Court before Rufus Payne P. Dean Corrigan, Clerk
State of New York County of Columbia City of Hudson ss John Chapman of Hudson in the County of Columbia being sworn says that he is well acquainted with Rufus Payne named in the foregoing Declaration named. He is a person of good moral character & his statement under oath is entitled to full credit. Given before me this 26 th May 1837 John Chapman Wheeler H. Clarke Commissioner of Audit

from above
Wheeler H. Clarke Commissioner of Deeds
State of New York } County of Columbia } City of Hudson }
ss. I Wheeler H. Clarke of Hudson in said County & one of the Commissioners of Deeds in and for said County do hereby certify that I am well acquainted with John Chapman named in the above affidavit. And know him to be a man of good moral character and of good standing in the said City of Hudson, And his statement on an oath is entitled to full credit.
Hudson May 26. 1837.
State of New York } County of Columbia }
Wheeler H. Clarke Com. of Deeds
ss. I James Horton Clerk of the County of Columbia do hereby certify that Wheeler H. Clarke whose name is subscribed to the foregoing affidavit & Certificate was at the time of taking & making such affidavit & Certificate a Commissioner of Deeds in and for the County aforesaid dwelling in said County & duly authorized to take & make the same, And further that I am well acquainted with the hand writing of such Commissioner

and verily believe that the Signature to said Affidavit & Certificate are genuine.
In testimony whereof I have hereunto set my hand & affixed the Seal of the said County the 26 th day of May 1837.
James Storm Clerk

I Jacob Sargeant of Hartford in the State of Connecticut aged 76 depose & say, that Rufus Payne of Hudson in the State of New York was a private in the Company of the Continental troops of the United States, commanded by William Barton of Windsor, deceased; that I belonged to the same Company, we were stationed at Springfield Mass from May 1778 for the period of three years. The Company was called Artillery Armourers, & S r Payne worked at the Armory business during our residence at Springfield = Jacob Sargeant,
Hartford County ss. Hartford, May 23 d 1837 Then personally appeared Jacob Sargeant Subscriber of the foregoing Deposition by him given, and made oath to the truth of the same before me =
Jeremiah Brown Jus: of Peace

Hartford Co. ss: Hartford May 23 rd 1837
I Jeremiah Brown hereby certify that I am well acquainted with Jacob Sargeant named in the foregoing affidavit taken before me. That said Jacob Sargeant is a man of good Moral Character and one of our Most Valuable Citizens & his statements under Oath (or in any other way) are entitled to full Credit
Jeremiah Brown, Jus. of Peace
Treasurer of the State of Connecticut,
State of Connecticut ss. I, Philo A. Goodwin Clerk of the County Court within & for the County of Hartford do hereby certify that Jeremiah Brown whose name is subscribed to the foregoing affidavit & certificate was at the time of taking & making the same one of the justices of the peace in & for the County of Hartford aforesaid, residing in Hartford aforesaid, & duly authorized to take & make the same. That I am acquainted with the hand writing of such justice, and merely believe the signature to said affidavit & certificate are genuine -
In testimony whereof I have hereunto set my hand, & affixed the seal of said County Court the 23 rd day of May A.D. 1837 -
Philo A. Goodwin Clerk

Comptroller's Office Hartford Ct May 23 d 1837
On application for evidence of the service of Rufus Payne, I have examined the Books & papers remaining in this Office relating to the Revolutionary War, & find & certify as follows, viz:—
It appears from the Books in this office, in a settlement with Capt William Barton's Company of Artillery Artificers, Col Flowers Regt before January 1780 that Rufus Payne was allowed for service as a private from May 24 th 1778 to December 31 st 1779— and also in another settlement with said Company for the year 1780 he was allowed for service as a private from the 1 st day of January 1780 to the 31 st day of December 1780—
Wm Field Comptroller

State of New York County of Columbia City of Hudson
At a Court held this 26 th May 1837 - before the Justices of the Inferior Court of said City - the same being a Court of Record, before which Rufus Payne a resident of said City appeared in person, in Open Court, and subscribed & swore to the annexed declaration by him made to obtain the benefit of the act of Congress of Jan y 7. 1832. It was by the said Justices, holding such Court, adjudged upon the examination in Open Court of said Rufus Payne and the annexed declaration & proofs - consisting of the certificate of William Field Comptroller of the State of Connecticut, and Affidavits of Jacob Sargeant & John Chapman, to be satisfactorily proven before said Court that said Rufus Payne, resides in the City of Hudson and is of good moral character, that his statement under oath is entitled to full credit, that he served in the war of the Revolution as stated in his declaration, and as stated in the said annexed cer- tificates & Affidavits.
In Testimony whereof I have hereunto set my hand and Affix the Seal of the said Court this 26 th day of May 1837 -
D. Dean Carrigee, Clerk

State of Connecticut Office of the secretary of said State June 1 st A.D. 1837
I hereby certify that William Field Esq. whose name is hereto attached, is now and for more than six months last past has been Comptroller of Public accounts in this State duly qualified, as appears upon the record of this State in this Office
In testimony of which I have hereto affixed the Seal of this State and signed the same at the date aforesaid —
Royal A. Kimman Secretary
I further certify that the signature of Mr. Field hereto attached is genuine
Roy A. Kimman Secretary

Apr 13
Con
Rufus Payne N.Y. Oct 32 opp.
Pension Office
James A. Edwards Esq.
Commission of Pensions Washington, District Columbia

State of New York, County of Columbia City of Hudson April 8. 1834.
Genl. B. Edwards Esq.
No 1818 claim found in files or on books of rejected claims for this soldier's pay.
Dear Sirs. Mr. Rufus Payne now of this City but formerly of Otsego, County of Chenango in this State, has heretofore several times forwarded to your Department an application for a pension under the act of 1818 for some reason or other he has been unsuccessful. He called upon me several days ago & gave me a history of his services and of his applications. and I have come to the conclusion that of his story is true that he is entitled to a pension under the act of 1818. Mr. Payne informed me that Mr. Samuel S. Randall of New Berlin, Chenango County in this State had forwarded his papers the last time they were sent to your Department. I accordingly wrote to Mr. Randall requesting him to forward to me any papers and information he might have upon this matter. In return to that letter I recd. information that Mr. Randall was at our Capital, Albany, & was Dist. Clerk of the Assembly (Albany). I then addressed a letter to Mr. Randall who answered me by saying that he would write to Mr. Berlin & direct the papers to be sent to me. On the 5th inst. I was at Albany & saw Mr. Randall, who said he had for- warded the papers to your Department but that some of the papers had been sent back & as Mr. Payne had left that part of the country he had paid no further attention to the matter. That he had sent to his partner in New Berlin Mr. Knight him to send the papers to me. On my return home I found the papers had arrived & consisted of a communication from you and Isaac Boote's affidavit, copies of which I have made on this sheet for the purpose of bringing your recollection to this matter. My object in writing to you is to ascertain under what act said Rufus Payne made his last application. 2 d When he made his first application. 3 d Whether if he is entitled to have his pension paid the act of 1818 from the time mentioned in that act or from the time of his first application. I presume from his first application - 4 th by what other testimony he wants more than

what is now on file in your Comt. you say that "the evidence referred to in Ohio should be produced". Mr. Payne says that his brother Solomon Payne was the witness who was in Ohio & that his affidavit was procured by him & sent on to your Department as he supposed that at all events it was procured. He says his brother Solomon was with him in his first Revolutionary service of about a month and that his brother's affidavit proved that fact. Will you Sir inform me whether any such affidavit is on file in your Department, Mr. Payne is in destitute circumstances & is dependent upon his son in this City who supports his family and his father said Parker Payne by daily labor. And they feel as if the old Grantville had been kept out of it a long time & though they have no hard feelings than I can perceive, yet they feel much depressed & much in despair. Permit me to ask you whether it would not be satisfac- tory to your Department if Mr. Boote's statement or rather Mr. Boote's credibility should be placed beyond a doubt by certificates from proper authorities if this is not sufficient will you point out to me what more is necessary in addition thereto. And if that is impracticable and you should think that it is best that the whole should be proven over again will you send me his papers or copies of with such suggestions as you shall think proper to make, Mr. Payne will claim from the Department from the time of his first application which he says some 10 or 12 years ago. Will you Sir have the goodness to inform me from what time Mr. Payne would draw his pension under his new application in the event he should finally succeed in establishing his claim. Will taking his application of file renew his claim to back pay - if so we don't want them off file, but should want copies. Pray let me ask, if Solomon Payne's affidavit is on file in your Department, will not Mr. Boote's affida- vit be satisfactory? If Mr. Solomon Payne's affidavit is with those that we produce that or the Comptroller's testimony of Comptroller, & Mr. Boote's duly certified credible will not they be sufficient?
Your immediate attention to this matter is earnestly requested.
Respectfully yours
William H. Clarke

The following is a copy of your Com d . referred to in the foregoing letter.
War Department
Pension Office June 11. 1834
Sir, the papers relating to the claim of Rufus Payne have again been examined. The affidavit of Isaiah Booth is herewith returned that the witness may duly testified credible. "No service like that described in Col. Chivers Regiment is known to the Department. Of the service in the Connecticut Troops, evidence may be obtained by applying to Elisha Phelps Comptroller of that State. Of that in 1777 & there are complete rolls in Mr. Phelps' Office. The evidence referred to in Ohio should be produced. The papers remain on file in the office."
I am respectfully
Your obed t Servant
L. L. Edwards
To Samuel S. Randall Esq r And Partin, Esq r
The following is a copy of said
Isaiah Booth's affidavit
When an go Leonty Co, personally appeared before me Isaiah Booth of the town of Nelson county of Madison & state of New York, after being duly sworn deposeth and saith that in the year 1777 he your deponent resided in the town of East Windsor county of Hartford & state of Connecticut & was at that time well acquainted with Rufus Payne now a resident of the town of Atsille county, aforesaid Chenango - And further states that in the month of April 1777 Rufus Payne then an inhabitant of the town of East Windsor in said County of Hartford did then & there enlist as a Soldier under Captain Barton Col. Chivers regiment of the Massachusetts line. And your deponent further states that the said Rufus Payne did to his best knowledge serve in the Revolutionary war from & after the month of April 1777 continually for two years in succession. And your deponent further states that he thinks the said Rufus Payne did serve three years & after that was honorably discharged.
Signed / "Isaiah Booth"
Sworn and subscribed before me this 18 th day of July 1832
Russell Coase, Commissioner in and for Chenango County.
I certify that the statement of the above named Isaiah

"Booth is entitled to full and unqualified credit - so far as I know "Russell Case" Here follows the letters, antedated
13/11/13 Genl. J. A. Edwards Esq. Pension Office Washington, District Columbia
Refno 1000 My col 32/13/13

April 1. 1853
Power atty in case Rufus Payne decd. for Buck half - 1/2 New York
Act March 18-1818.
Charles W. Clark Johnson Miss
FREE P. M. do. Com. of Resigns. Washington, D.C.

Hudson, New York, March 29 th 1853.
Sir I want search made and a statement of the contents of of Rufus Paine's Declaration & proofs for a Pension under Act of March 18 th 1818. No claim for pension under act Mar. 18, 1818 found in the files for this soldier, or on rejected book. Rufus Paine obtained a pension under act of 7 th June 1832. in which I was his Attorney. When Mr Paine made his Declaration under act of 1818, he resided I think in Chenango County in this State, but in that application I did not act as his Atty. My object is to see if his children are not entitled to some back pay under that appn. I am aware that as a general thing you do not allow back pay under that act, but in case the Evidence was then sufficient & ought to have been allowed then we shall claim the pension from that time to March 4. 1831. Will you afford & send me an Abstract of these papers. Res y Yours, L. F. Waldo Esq. Wheeler H. Clarke

Hudson, New York, March 29 th 1853.
Sir I want such made and a statement of the contents of of Rufus Paine's Declaration & proofs for a Pension under act of March 18 th 1818. No claim for pension under act Mar. 18, 1818, found in the files for this Colonel, or on rejected book. Rufus Paine obtained a pension under act of 7 th June 1832. in which I was his Attorney. When Mr Paine made his Declaration under act of 1818, he resided I think in Chenango County in this State, but in that application I did not act as his Attorney. My object is to see if his children are not entitled to some back pay under that appn. I am aware that as a general thing you do not allow back pay under that act, but in case the Evidence was then sufficient & ought to have been allowed then we shall claim the pension from that time to March 4 th 1831. Will you afford & send me an Abstract of those papers. L. F. Waldo Esq. Res. Y. Yours, Wheeler H. Clarke

Mar. 26. 1840
Elm
Scituate Massachusetts N.Y. 1840
Pension Office
Lt. Col. Edwards, Commr of Pensions Washington

Hudson N York March 23. 1844
Sir
The application contained in this letter may strike you as novel and out of the ordinary applications to your office and still upon mature consideration I am of the opinion that it is just and ought to be granted & I am further of the opinion that you will coincide with me.
The history of the case is as follows.
No 1878 Rufus Payne, then of Chenango County in this state claim found in files or on old book of rejected claims for status soldier and applied for a Pension under the act of 1818. Which application as he said was continued for years without success. He came to this City & in 1837 I obtained from you a pension under an act of 7th June 1832. Mr. Payne is now deceased. He left children.
The above contains a Brief of the facts in the case and under that state of facts his children apply for a pension from the rate of the last Disposition filed under his application under an act of 1818 up to the 4th of March 1831 when his pension commenced under an act of 7th June 1832.
The reason we would urge are that the testimony sent by him to your office under his first application was sufficient in connection with the pay roll, in your office to substantiate & prove his claim & that he was not in fault he having afforded to your office all the testimony

necessary, and it being a matter of fact that he was entitled to a Pension as claimed by him, and if your officers either by mistake or for any other reason or cause committed an error, that that ought not to have prejudiced Mr Paynes claim & ought not now to prejudice the claim of his children.
I wish you personally to examine this matter, and allow a certificate from the time Mr. Payne according to his testimony, proved himself entitled to a pension, that is from such time as any of his testimony, in an his first application in connection with what was fact in the case shewed he was entitled to a pension, whether such testimony was the first or the last adduced or intermediately adduced in said first application.
Being aware of the multiplied and arduous duties devolving upon you I know I am asking very much in this instance and perhaps tasking your patience & it may be that you may estimate this application differently from what I do, but I think I cannot be mistaken in its justice. I may be in the propriety of asking for it, and yet that would involve an absurdity. What is just may be sought for & obtained - In conclusion let me assure you that I think the claim meritorious and believe it within your legitimate control.
Respectfully yours,
Whitelaw H. Clarke
Hon. L. Edwards.

Rufus Payne - Albany Rd - N.Y. aa 7 - June 1832 - at $144- per ann - & 10. what uni paid - A.F.C. 7-
Per un affai { Dec. 13. 1834 }
To his death Aug. 16, 1837

Rector Payne Port of NY
To,
Wheeler A. Clarke.
Port of NY.
Wheeler A. Clarke
Wheeler A. Clarke.
London.
New York
NY.

State of New York
County of Columbia ss. I, Hector Payne of Hudson in said County being sworn say I am a son of Rufus Payne who in his life time applied for a pension under act of 1818 & did not obtain it, but obtained a pension under act of 7th June 1832 for his services as an Artiller.
That I hereby constitute & appoint Wheeler Clarke of Pawneack my Attorney to investigate the Evidence & papers on file in the Pension Office in due his application for a pension under act of 1818, with Power of Substitution. In testimony whereof I have hereunto set my hand & seal & store to & acknowledged the same this 11th day of March 1853. Signed, sealed & acknowledged before me } Hector Payne this 11th day of March 1853.
Darius Peck, Commissioner of Oaths, Hudson.
State of New York
County of Columbia ss. I, David C. Peck Clerk of said County & of the courts of Record therein do hereby certify that Darius Peck whose name is above (described) written was on the day of the date of the foregoing affidavit & Power of Attorney a Commissioner of Oaths, duly appointed & sworn & duly authorized by law to administer oaths. That I am well acquainted with the hand writing of said Darius Peck & verily believe his name above written to be his genuine handwriting & signature.
In testimony whereof I have hereunto

Rector Payne Porta of City
To,
Wheeler A. Clarke.
Porta of City.
Wheeler A. Clarke
Wheeler A. Clarke.
Hudson.
New York
Alb.
At my home & office the last of which contains the 28th story of March 1892 A. K. Ingalls of Columbia Co.

Sir,
Hartford May 23, 1837.
Yours of the 18. instant is recd. I have attended to the business you wished me to I have got a Certificate from the Comptroller, I send you my testimony of what I know about Mr. Payne being at Springfield, you seem to hesitate about Mr. Field being recognised as Comptroller of Connecticut if they hesitate about that you may request them to call on Henry L Ellsworth Esq r who is principal of patent office at Washington he has been acquainted with me for more than twenty years I presume he is also acquainted with Mr. Field as he went from Hartford about two years past, the above is the same proof I had to get my pension except I had the testimony of Mr. Haves our Clergyman he testified to what he knew about me and my standing in Society. Mr. Payne will draw twelve dollars per month $144 pr. year that is the price they allowed me & Saml. Weaver, he will draw pay or his pension from the 4. of March 1837. which will give him a handsome sum Mr. Payne is indebted to me a considerable sum of money which I presume he will not fail to send to me when he gets his pension, will you write to me when that is obtained. —
Respectfully Yours
Jacob Sargent,

add. evidence for Rufus Lupton, of New York State,
May 27. 1834
FREE
Edwards Esq. Commission of Deputies Washington City

New Berlin, Chenango Co. N.Y. (1834.) May 22 d
Sir, Your note of the 22 d ult. returning the pension papers of Rufus Payne, or rather, announcing the fact that the application could not be acted upon, by reason of the deficiency of proof was duly received. — I have taken the liberty to enclose another affidavit, which was not ready, when the papers were previously sent, wanting the Clerk's Certificate. — There were also one or two other affidavits sent with the original papers, nearly a year ago. — If this proof should not be deemed sufficient, the old gentleman informs me he can procure additional testimony by sending to the State of Ohio — but I am induced to hope, the proof already obtained, in connection with his oath, will be sufficient.
I Am. Sir.
Very respectfully
Your ob t Serv t
J. L. Edwards Esq.
Com: of Pensions.
Wm. S. Randall

Col Edwards
Dear Sir -
Will you be good enough to examine the papers in this case & also in the case of Hannah Park - Man , They were filed in Augt last - The 12 th I think - by J. J. Coombs Esq. Yours very
P. H. Silverton
Ms: of Rep - 23 d Septm 1850.

Mat. Amado M rs Lineo
R. Edwards Esq.
Pension Office, H. C.
Commissioner of Pensions Washington, D. C.

Hudson New York May 29. 37.
Genl. S. Edwards Esq.
Dear Sir,
Enclosed I send you Rufus Payne's application for a Pension under act of Congress of 7 th June 1832. Mr. Payne has been an applicant for a Pension at your department for several years and has been unsuccessful in consequence of not being able to prove his services, Mr. Payne was then residing at Otsego in Chenango County in this State with his children who being poor & desirous as I am informed to get rid of him sent him to this city in which he has a son residing with whom he lives who is also very poor & sustains himself & family by day labor. Enclosed I send you a letter directed to me by Jacob Sargeant of Hartford Connecticut, He it appears worked with said Payne in the same company and draws his pension. Mr. Payne informs me that after the Revolutionary war he settled at Hartford & accumulated a handsome property & by involving himself in a large amount for endorsements for others he was stripped of his property & that at this time Jacob Sargeant was on his paper at one of the Banks for $95: a part of which Mr. Sargeant made out of the property left by Payne. Still leaving a balance of $45 against Payne. This is the indebtedness of Payne to Sargeant.

This matter has no particular bearing upon this case except that it tends to shew the identity of persons if by any possibility there could be a doubt upon the subject. It should be necessary for Mr. Payne to have a certificate that Mr. Field is Comp d of Cornhill so will you point to me the proper officer to make such certificate. Very likely Mr. Elsworth of the Patent Office might satisfy you upon that subject.
Mr. Payne has had his former application a long time before you & in consequence of that he thinks that this his new application in furtherance to him ought to receive immediate attention & not be put down in its order & await the delay that would necessarily attend it. He is old & in indigent circumstances & if the bounty of the Government is to alleviate his situation it must come soon or old age will take him beyond the reach of their bounty.
We think the evidence conclusive as to that character which can be depended upon and we could not conceive any thing else could be wanting.
Your early attention is requested Very respectfully yours
Wheeler, H. Clarke
P.S. I have not heard from Mr. Allen's or Mr. Davis' application Both sent from this City by me.

No 14554
Dufus Payne Chenango Co. N.Y.
l.f.
Suspended
Samuel S. Randall, New Berlin, N. York,

WAR DEPARTMENT,
Pension Office,
May 17 1833
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. Those points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus: { ). You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your claim.
A Statement, shewing the Service of Rufus Payne Chenango 6 th N.Y.
   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.     Enlisted Private Capt Chas Ellsworth Col's Lee de la Houb ling am To Roxbury near Boston 74 Town of 2 nd Mason Hartford Conn't Traditionary   Draft 1776 5 Capt Math Grant Col's Lee de la Houb ling am Spring   Enlisted 9 Capt M c Spring Col's Lee de la Houb ling am   Discharged 3 Capt M c Barton Col's Lee de la Houb ling am  
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 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 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.

Cherokee County
Personally appeared before me Nathan Lord Clingman of the town of Atreli and after being duly sworn deposed and saith that they have been acquainted with Rufus Payne of the town of Atreli for about eight or ten years and believe him to be a blacksmith four years of age and from the best information I have I believe him to have been a soldier in the revolutionary army and his statements are entitled to full credit Sworn & subscribed This 10th Octbr 1832. Nathan Lord before me Wm Pyle Justice of the peace
Cherokee County
Personally appeared before me Levi Allen & Reuben Parker of the town of Atreli and after being duly sworn doth depose and say that they have been acquainted with Rufus Payne for a number of years and further state that he is reputed to have been a Revolutionary soldier and we concur in that opinion and believe him to be about 74 years old and his statements entitled to full credit as a man of truth and veracity Sworn & subscribed This 10th Octbr 1832 before me Wm Pyle Justice of the peace Levi Allen Reuben Parker

State of New York } Chenango County } I Francis H. Dike Clerk of said County do certify that William Tiler before whom the within affidavits to have been sworn was at the date of the same one of the justices of the peace in and for the said County. that I am acquainted with his hand writing and verily believe his name subscribed to the said affidavits to be his proper hand writing and signature.
In Witness whereof I have hereunto Set my hand and Seal of Office this 12 th Day of October 1832 — J. H. Pike C.W.
I hereby certify that the within account with the within named Nathan Bass, Esq. is a true and correct statement of all accounts between the parties. Witness my hand and seal this 10th day of August 1884.

I hereby Certify that I am well acquainted with the within named Nathan Read. Levi Allen & Reuben Parker. And believe their statements as within made fully entitled to credit - And that they are Credible persons in all respects.
Thos. Pyles Justice of the Peace

Memoir Rufus Payne at N. H.
Act 7 June 1852
at 2 yrs Arrears in Ch. F. Lewis' Regt.
$240 per ann. from 4th Feb 1851 to 16 Aug 1857, when he died.
Payable to Rector Payne & Washburn
Payne, his only sur- viving children.
For new payments deducted over $144 per ann.
Cent. due to Dickins & Coombs Present.

28841 Rev  INVALID.
File No. 28,841
Rufus Payne
Deficit Rev 1822
Act: June 7 th 39 th
Index:—Vol. 9 , Page 814
[Arrangement of 1870.]

PH. Schuchert 1866
Col: J. L. Edwards
W. Ames Count. of Clinton Washington
John B. ... Parker ... M. B. ...
No papers in ... other case ... this ...

31. 138. Increase - Albany.
New York
Rufus Payne dec d of Chenango in the State of New York who was an Artificer in the Company commanded by Captain Ellsworth of the Regt commanded by Col. Huntington in the Conn t line for 2 years
Reported
Sir W. H. Clarke June 28/53
Inscribed on the Roll of Albany at the rate of 240 Dollars 00 Cents per annum, to commence on the 4th day of March, 1831. & end 16 August 1837, when he died
Certificate of Pension issued the 14 day of Dec 1837 and sent to Dickins & Coombs, present Increased from $144.
Semi-annual allowance ending Payable to only son & children Rector Payne
Worthy Payne Revolutionary Claim, Act June 7, 1832.
Recorded by Chase Clerk, Book E 2 Vol. 4 Page 56
En 4 54

New York
Revol =
Rufus Payne
Suspended
See letter to
Samuel S. Randall
8 October '33
cc. to same 22 April 1834 -
let to Dr June 11.
1834. -
Act 7. June 1832

Act 7 June 1832
Suspended
See letter to
L. S. Randale
New Berlin
N. York
22 d April 1834.