Revolutionary War Pension and Bounty Land Warrant Application File S. 5127, for Daniel Nurss, Massachusetts

SERVICE
NUMBER
Mass.
Kurs, Daniel
S 5127
CONTENTS
Carded

15 140 Massachusetts
Daniel Sprague of Worcester in the State of Mass. who was a Private in the Company commanded by Captain Stockwell of the 8th Regt by Col. Cushing in the Mass. line for 10 months & 24 days
W.H.
Inscribed on the Roll of Massachusetts at the rate of 36 Dollars — Cents per annum to commence on the 4th day of March, 1834.
Certificate of Pension issued the 22 nd day of July 1833 and sent to George Solomon Worcester Mass.
Arrears to the 4th of March 1833 $72.00 Semi-annual allowance ending 4 Sept 1833 18.00 $90.00
Revolutionary Claim Act June 7, 1832.
Recorded by W.H. Allen Clerk Book 2 Vol. 2a Page 59
76 March

DECLARATION, in order to secure the benefit of the Act of Congress, passed June 7, 1832.
COMMONWEALTH OF MASSACHUSETTS.
COUNTY OF WORCESTER, ss.
ON this twenty first day of August, in the year of our Lord, eighteen hundred and thirty two, personally appeared in open Court, before Hon Nathl Paine Judge of the Court of Probate, now sitting, Daniel Nuss, a resident of Barre, in the County of Worcester, and Commonwealth of Massachusetts, 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 act of Congress, passed June 7th 1832.
THAT he entered the service of the United States under the following named officers and served as herein stated.
That the abovenamed Daniel Nuss, was born in said Barre, on the tenth  thirteenth day of September, A.D. 1757, and has ever since resided in said town. That in July, A.D. 1777, he was drafted for service in the American army, proceeded by the way of Northampton & Williamstown to Bennington under Lieut. Abraham Hunt, and soon after his arrival at that place, was put into the company of Capt. Stockwell, Regt of Col. Cushing. That he was dismissed at Bennington after a term of about two months. Jason Hawes, of Barre, is the only living evidence of this service. That he again served in the company of Capt. Adam Henry, in which he enlisted January 1, 1779. Served three months at Rutland, in guard of Burgoyne's troops, then prisoners of war; during which term Joseph Haskell served in the same company, whose testimony is annexed to this declaration. That in October, A.D. 1779, he enlisted in the company of Capt. Jonathan Houghton, Regt of Col. Denny, & marched to Albany, Ticonderoga & Niskayuna, where he served a term of about two months. That Jason Hawes served with him in the same company during this term also.
That in December, A.D. 1779, he again enlisted in the company of Capt. Timothy Ruggles, & served five months at Rutland, aforesaid; that he had enlisted for one year, but in consequence of the sickness of his father, he hired a substitute for the remainder of the year after having served five months.
He hereby relinquishes every claim whatever to a pension or annuity except the present, and declares that his name is not on the pension roll of the agency of any state.
Sworn to and subscribed the day and year aforesaid.
Before, Nathl Paine Judge of Probate for the County of Worcester
Daniel Nuss

We Nathl Houghton , a Clergyman residing in the town of Barre, and Charles Sibley residing in the same town , hereby certify that we are well acquainted with Daniel Huse , who has subscribed and sworn to the above declaration, that we believe him to be seventy four years of age, that he is reputed and believed in the neighborhood where he resides, to have been a soldier of the revolution, and we concur in that opinion.
Sworn and subscribed the day and year aforesaid.
Before Nathl Huse Judge of Probate for the County of Worcester
Nathl Houghton Charles Sibley
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 mentioned applicant was a revolutionary soldier, and served as he states.
And the court further certifies, that it appears to them that Nathl Houghton who signed the preceding certificate, is a clergyman resident in the Town of Barre and that Charles Sibley who has also signed the same is a resident in the Town of Barre and is a credible person, and that their statement is entitled to credit.
Nathl Huse Judge of Probate for the County of Worcester
Theophilus Wheeler Regd , Clerk of the Court of County Probate for the County of Worcester do hereby certify
that the foregoing contains the original proceedings of the said Court in the matter of the application of Daniel Huse for a pension. That Nathl Houghton before whom the annexed affidavits were made are true to the best of his knowledge and belief in full credit. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of said Probate Court this 20 th day of August in the year of our Lord eighteen hundred and thirty two.
Theoph s Wheeler Reg d of the Court of Probate for the County of Worcester in Massachusetts

23984 Daniel Nares State of Massachusetts
Probate 10 mo 24 days
35.33 2.65 36.00
Geo D. Johnson Worcester Mass

WAR DEPARTMENT,
Pension Office,
183
Sir:
The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in a tabular form. On comparing these papers with the following rules, and the subjoined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will shew what is necessary to be done. These points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus: { ). You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your claim.
A Statement, shewing the Service of  Daniel Nourse  Barre Worcester County State of Massachusetts     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.     Mar 1777 1 12 Capt Stockwell Col Cushing 74 years Barre Living Witnesses   Oct 1779 3 Capt Henry Worcester   1779 about 2 12 Capt Houghton Col Denny County   1779 " 3 Capt Riggles M c Colonel Mass    
I am, respectfully,
Your obedient servant,
J. L. EDWARDS, Commissioner of Pensions.

REGULATIONS UNDER THE ACT OF JUNE 7, 1832.
The following regulations have been adopted:
This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army, and to include under the terms "Continental Line," "State troops," "militia," and "volunteers," all persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, &c., Teamsters, Boatmen, &c. Persons who served on board of private armed vessels are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service.
Four general classes of cases are embraced in this law:
 1. The Regular Troops.  2. The State Troops, Militia, and Volunteers.  3. Persons employed in the Naval Service.  4. Indian Spies. 
As rolls of the regular troops in the Revolutionary War exist in this Department, all persons claiming the benefit of this law as officers, non-commissioned officers, musicians or privates, will, in the first instance, make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides. And every Court having by law a seal and Clerk is considered a Court of Record.
DECLARATION,
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
State, Territory, or District of } ss. County of }
On this day of personally appeared (a) before A. B. a resident (b) of in the county of and State, Territory or District of aged (c) years, who being first duly sworn, according to law, doth on his oath make the following declaration, in order to obtain the benefit of the provision made by the act of Congress, passed June 7th, 1832. That he enlisted in the Army of the United States in the year (d) , with and served in the (e) regiment of the line, under the following named officers :
[Here set forth the names and rank of the Field and Company Officers; the time he left the service; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers;) the town or county and State in which he resided when he entered the service; the battles, if any, in which he was engaged, and the country through which he marched. This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.]
He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of
Sworn to and subscribed the day and year aforesaid.
A. B.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states.
I of the Court of do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of for a pension.
In testimony whereof, I have hereunto set my hand and seal of office (i) this day of &c.
If, on examination of the proper record, the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out.
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz:
(k) We, A. B., a Clergyman, residing in the and C. D. residing in (the same) hereby certify, that we are well acquainted with , who has subscribed and sworn to the above declaration; that we believe him to be years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.
Sworn and subscribed the days and year aforesaid.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that A. B. who has signed the preceding certificate is a clergyman, resident in the and that C. D., who has also signed the same is a resident in the and is a credible person, and that their statement is entitled to credit.
I, Clerk of the Court of do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this day of &c.
Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction.
If such surviving witness cannot be found, the applicant will so state in his declaration, (l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his alleged service, as they are known at the Department. A very full account of the services of each person

will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.
The Court will propound the following (m) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.
 1. Where and in what year were you born?  2. Have you any record of your age, and if so, where is it?  3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?  4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom?  5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services. 
6. { To a Soldier. } Did you ever receive a discharge from the service, and if so, by whom was it given, and what has become of it? { To an Officer. } Did you ever receive a commission, and if so, by whom was it signed, and what has become of it?
7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution.
The Court will see that the answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant.
The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons—one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion. If one of these persons is a Clergyman, the Court will so certify, and they will also certify to the character and standing of other persons giving such certificates.
The traditional evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party. And the Courts are requested to be very particular in the 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, deponeth 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.

Rev. May
5124.
INVALID.
No. 3127
Daniel Nassau
Prior Mass. Sols.
Act: June 1 1832
Index:—Vol. M , Page 277
[Arrangement of 1870.]

Supplementary declaration.
I, Daniel Murs, of Barn, County of Worcester & Commonwealth of Massachusetts, on oath declare, that in my former declaration to secure the benefit of the late Act of Congress for the relief of Revolutionary Soldiers, I stated two terms of service as "about two months" in duration each, and that I still think they were so; but being called upon to fix a period of which I am positive, I am unwilling to state one longer than six weeks for each term of service referred to. I therefore declare that I served at least six weeks in Capt Stockwell's Company at Bennington, in 1777, and the same term in Capt Houghton's Company near Albany, in 1779.
Daniel Murs
Worcester ss. Dec. 20, 1832. Personally appeared the abovenamed Daniel Murs, and made solemn oath that the foregoing declaration, subscribed by him, is true. Geo. Folsom, Jus. Peace.

Worcester ss Commonwealth of Massachusetts
I Theophilus Wheeler Register of the court of Probate being a court of Record, in the County of Worcester, do hereby certify that George Folsom Lequin, before whom the within affidavit was made, is a Justice of the Peace in and for the County of Worcester, and that I believe his name thereunto subscribed, to be his true and proper signature.
In testimony whereof I have hereunto set my hand and affixed the seal of the said Probate Court at Worcester on this 22 nd day of December one thousand eight hundred and thirty two 1832
Theoph l . Wheeler Reg t of said Court

I Jonathan Forbes of Oakham in the County of Worcester & Commonwealth of Massachusetts being seventy years of age, do testify & say, that in the year one thousand seven hundred eighty, I became acquainted with Daniel Kurns of Barre in said County who was a Soldier under the command of Capt Timothy Ruggles of Rutland, who was stationed at Rutland to guard a part of Burgoyne's Troops that were lodged in the Barracks, in said Rutland, as Prisoners of War, that said Kurns enlisted under said Capt Ruggles, for the term of one year, and served five months, & then hired a substitute to complete his time of enlistment. — Jonathan Forbes
Worcester ss. August 23. 1832 —
Personally appeared Jonathan Forbes subscriber to the above declaration & made solemn Oath to the truth of the same. Said Forbes is well known to the subscriber, and considered to be a Man of truth & veracity, and think his word is entitled to credit. —
Shelton Filton Jus. of the Peace.

I Jason Hawes of Bangor in the County of Washington and State of Massachusetts age seventy four years the 14 day of May 1832 do hereby testify and say that Daniel Knap of said Bangor in said State, was drafted in the Militia of the service of the United States in July July 1777 in the Company of Capt Stockton and served in the Regiment of Col. Bushong Regiment and served at Bannington for the term of seven or eight weeks at the end of which term the said Knap was dismissed by his commanding Officer and had returned home to Bangor - I further testify and say, that the said Knap in the year 1779 in October, he the said Knap enlisted in said service of the United States with myself, in the Company commanded by Capt Jonathan Houghton of Peterboro & the Regiment and the Regiment commanded by Col. Dingley for the term of three months; he with myself served at Albany Flats and Missiquiana, during this enlistment he with myself served seven weeks at which time we were discharged by a Continental Officer and we returned home to Bangor - Jason Hawes

Wanted to certify to August 10 th 1892 Then personally appeared the within named Jason Hawes and made oath to the truth of the within deposition by him subscri- bed before me Nathaniel Houghton Justice of the Peace
I certify that full faith credit is to be given to the veracity of said deponent. Nathaniel Houghton
Jason Hawes Deposition

239824
Sanl Nuss
with the positive... ... ... ... ...
Geo Tolson.

I Joseph Starkall of Templeton in the County of Worcester and Commonwealth of Massachusetts aged Seventy nine years. Do testify and declare, That Daniel Nourse of Barn in the County of Worcester did on or about the first day of January 1779 enter the service of the United States as a Soldier, in a Company of Militia commanded by Capt. Adam Hovey of Rutland. The Lieutenants name was Stone from Worcester. The Ensign's name was Pratt from Haverwick. That said Company was stationed at Rutland as a guard to a part of the prisoners captured with Genl. Burgoin. That said Nourse, served in said Company for the full term of three months. The only General & Field Officer then was a Major Lockman. That I served as an orderly Sargent in the same Company during the same term of time. Joseph Starkall
Commonwealth of Massachusetts
Worcester County ss. August 20 th 1832 Then Personally appeared Joseph Starkall and made solemn Oath to the truth of the above Declaration by him subscribed. Before me Samuel Lee. Jus. Peace
I certify that full faith and credit is to be given to the veracity of said Dependent.
Samuel Lee. Jus. Peace