Revolutionary War Pension and Bounty Land Warrant Application File S. 15,550, for Ebenezer Osborn, Connecticut

SERVICE
Conn.
Osborn, Ebenezer or Osborne
NUMBER
8,15550
carded
CONTENTS

Connecticut 22.578
Ebenezer Osborne
of Fairfield Co in the State of Conn. and who was a Private in the Co. commanded by Captain Tharp - of the Rgt commanded by Col Lewis. - in the Conn. line time for two years.
Inscribed on the Roll of Conn. at the rate of 80 Dollars 00 Cents per annum. to commence on the 4th day of March, 1831.
Certificate of Pension issued the 5th day of Mch. 1833 and sent to Hon J. M. Johnson, Fairfield Ct.
Arrears to the 4th of Sept. 1833. - 200 Semi-ant. allowance ending 1 Mar 34 40 $240.
{ Revolutionary Claim, Act June 7, 1832. }
Recorded by N. Palmer Clerk Book S. Vol. Three Page 33,

No 4. 646
[Faint, mirrored handwritten text, likely bleed-through from the reverse side of the page]

when called into Service & where he has lived ever since. That he has a record of his birth in his family bible & no other. That he was called into Service as before stated & has no distinct recollection of any other Officers than before named under whom he served, nor of any other Regiments. He is well known to Walter Bradley the Collector of the Port of Fairfield, Charles Smith a Clergyman David Hill & others of the most respectable inhabitants of the town of Fairfield who can testify to his Character for truth & their belief of his Services as a Soldier of the Revolution
And the S d Ebenezer Osborn hereby relinquishes every claim whatever to a pension or annuity except the present & declares that his name is not on the pension Roll of the agency of any State Sworn & subscribed the day & year aforesaid before me
Ebenezer Osborn
I have this my copy of the Bonds of Probate for the District of Litchfield
We Charles Smith a Clergyman residing in Fairfield aforesaid in the County aforesaid Reuben Sherwood residing in the same hereby certify that we are well acquainted with Ebenezer Osborn who has subscribed & sworn to the foregoing declaration. That we believe him to be seventy three years of age. That he is reputed & believed in the neighbourhood where he resides to have been a Soldier of the Revolution & that we concur in that opinion
Sworn to & subscribed the day & year aforesaid before me
David Hill Judge of Probate
Charles Smith
Reuben Sherwood

And the said Court hereby declares its Opinion after the investigation of the matter and after putting the interrogatories prescribed by the War department, that the above named applicant was a mutinarian soldier and served as he states, and the Court further certifies that it appears to the said Court, that Charles Smith who has signed the foregoing certificate is a clergyman, a resident of the town of Falmouth and that Reuben Sherwood who also signed the same is a resident of the said town of Falmouth, and is a credible Person and that their statement is entitled to credit. And the said Court also certifies that Reuben Sherwood, Nathaniel Perry and John Osborn, the Persons who have subscribed and sworn to the three following Depositions are men of truth and that their statements are entitled to credit. David Hill Judge of the Court of Probate for the district aforesaid.
I David Hill from block of the Court of Probate for the District aforesaid hereby certify that the foregoing contains the original proceedings of the said Court of Probate in the matter of the application of Ebenezer Osborn for a pension for testimony whereof I have hereunto set my hand & seal of Office the 27th day of August 1832
David Hill J. Clerk

Reuben Sherwood of the Town & County of Fairfield & State of Connecticut Aged Seventy eight years being duly Cautioned & Sworn do testify & say that I am personally acquainted with the Services of Ebenezer Osborn of D r Fairfield in the Revolutionary war. In the D r Ebenezer Osborn served with me on a Tour of duty for two months to the City of New York at the time the City was evacuated by the American Troops. under the Command of Capt Eliphalet Sharp. Col d Lewis Regiment & further I am personally knowing to his the D r Osborn being frequently on duty in the Guard of the Sea Coast of the town of Fairfield for from three to six & nine months at a time during the Revolutionary war drafted from D r Sharp's Company but can't tell the particular length of time he served but should say that between the years 1776 & 1782 in the several Tours of duty he served more than two years & further the Deposition Smith not dated at Fairfield the 27 th day of August 1832
Reuben Sherwood Sworn & Subscribed the day & date above written before me David Hill Judge of the Court of Probate for Fairfield District -

I Nathanial Perry of the town & County of Fairfield & State of Connecticut Aged Seventy six years being duly Confin'd & sworn do testify & say that Ebenezer Osborn of sd Fairfield served with me in Guard of the sea coast of sd town of Fairfield but how long I can't say. But when I left the Guard I recollect he still continued serving in the same. And I think it was in the year 1781. but I do not particularly recollect. And I have frequently known him in the war of the Revolution in actual service at other times but how long I can't recollect & further saith not. Dated at Fairfield the 27 th day of August 1802
Sworn to & subscribed
the day & date above
written before me Nathanial Perry
Daniel H. Ingersoll the
Clerk of Probate for Fairfield District.

I John Osborn of the Town & County of Fairfield & State of Connecticut aged Seventy six years being duly cautioned & sworn do testify & say that Ebenezer Osborn of said Fairfield served with me on a Fanny Duty for about eight weeks in the fall of the year 1777, to Fishkill in the State of New York in Capt. Sharp's Company of Col. Lewis Regt. and further that I am acquainted with the services of said Osborn in the Guard of the sea Coast of said town of Fairfield during the Revolutionary war. I have personal knowledge that he was frequently drafted from the said Sharp's Company & served at different stations on the Coast but during his drafted service I cannot state the amount of time of all his drafted service I cannot state and further the Department South not. Dated at Fairfield the 27 th day of August 1832
Sworn & subscribed the day & date above written before me David Hill Judge of Probate for Fairfield District -
John Osborn

State of Connecticut } County of Fairfield } ss
On this 8 th day of August A D 1833 personally appeared before a Special Court of Probate held at Fairfield in & for the Probate District of Fairfield in Fairfield County State of Connecticut and now sitting, Ebenezer Osborne a resident of Fairfield in the County & State, aged now seventy four years who being first sworn according to law doth on his oath make the following declaration explanatory of a declaration by him made on the 27 th day of August A D 1832 before a Special Session of the said Court of Probate held at Fairfield for the District agreed in order to obtain the benefit of the act of Congress passed June 7 th 1832. In his former declaration the Declarant stated that he served in the Summer of 1776 in Capt. Elephalet Hanks Company of Militia, Col. Lewis Regiment for two months on a Tour of duty to the City of New York ending at the time the City was Evacuated by the American Troops. He now states that the service was correctly set forth and that he served out the full term of two months. The Declarant further stated in his former declaration that in the Spring of 1777 he was mustered from the same Company under the same officers except that Col. Gonda was the Col. of the Reg t and served for a term of six months on guard on the sea coast of Fairfield, and that during the service he joined the Company & served for four of five days on a Tour of duty to Danbury & Ridgefield. He now states that the service was correct. That he served the full term stated on the sea coast & at Danbury & Ridgefield, and he further states that he commenced the service either in February or March of that year. And the Declarant further stated in his former declaration that immediately after the aforesaid service

early in the fall he served on a tour of duty to Fishkill State of New York for about two months. The Declarant now states that he served on that tour not less than two months in Capt. Throop's Company, but who the Col. was he does not recollect. He further stated in his former declaration that in the fall of 1778 he was drafted from D o Throop's Company and served on guard of the sea coast of Fairfield for three months, stationed at Mockengus point. The Declarant now says that D o Throop's service was correctly stated, and that at that time Col. Simson was Col. of the Reg t . He further stated in his former declaration that early in the spring of in 1779 he was again drafted from the same Company and served on guard stationed at the Court house in Fairfield and was under the command of Lieut. Burton. He now states that he was at that time drafted from Capt. Throop's Company Col. Simson's Reg t for nine months and served out the full term of guarding the coast as described in his former declaration. The Declarant further stated in his former declaration that in 1780 he served for at least three months, but thinks for a longer time, drafted from the same Company & stationed at Mill River and as he thinks, under Sergeant Andrew Bulkley of D o Company. He now states that in 1780 he served on guard not less than three months, drafted from D o Throop's Company, Col. Simson's Reg t and confidently believes that he was under the particular command of Sergeant Bulkley. He further stated in his former declaration that in 1781, 1782 he served as a drafted person for at least nine months, stationed at Mill River, that once in 1781 he served for three months under Sergeant John Pearson, & in 1782 for three months under Sergeant James Bulkley. He now states that he is confident he served not less than nine months during those two years, and that he particularly served as described under D o Bulkley & Pearson for the term of three months under each in guarding

the be a coast of Fairfield at the times as described in his original declaration. That he was drafted from Dr. Throop's Comp'y in Col. Duvons Regt. The declarant further says that from old age and consequent loss of memory he cannot give any more material descriptions of his services. That altho' he served as a private soldier in embodied Corps maintained by public authority, and he further states that his services were continuous, that he was either on duty or in quarters, and precluded from attending to his private business for the time.
Ebenezer Osborn
Sworn & Subscribed the day & year aforesaid before Daniel Will Judge of Probate for the District of Litchfield
We Nathan Beers & Jesse Burr of the Town & County of Fairfield Connecticut do hereby certify that we all well acquainted with Ebenezer Osborn who has subscribed & sworn to the foregoing declaration and that he is of good standing in society and that his character for truth is unquestionable
Nathan Beers
Sworn & Subscribed the day & year aforesaid before Daniel Will Judge of Probate
Jesse Burr
And the Court hereby declares its opinion that the above named applicant was a revolutionary soldier and served as he states that he is well known to the Court as a person of good standing & possessing an unquestionable character for truth, also that Nathan Beers and Jesse Burr who have signed & sworn to the foregoing certificate are well known to the Court and are persons of simple respectability and are persons of truth.
Daniel Will Judge of Probate

I David Hill Jr Clerk of the Court of Probate for the District of Fairfield, Connecticut do hereby certify that the foregoing explanatory Declaration of Ebenezer Osborn was signed & sworn to before the Court and I further certify that David Hill whose own proper signature known to me to be genuine is affixed thereto is now and for more than one year past has been the Judge of the Court duly commissioned and acting as such. In testimony whereof I have hereunto set my hand and affixed my official seal the day and year aforesaid.  David Hill Jr Clerk

State of Connecticut Fairfield County } } Fairfield
On this 27 th day of August A.D. 1832 personally appeared before a Special Court of Probate held at Fairfield in & for the Probate District of Fairfield in Fairfield County & State of Connecticut & now sitting Ebenezer Osborn a Resident of Fairfield in sd County & State, aged Seventy three years, who being first 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 he entered the Service of the United States under the following named Officers & served as herein stated, to wit, That sometime in the Summer of 1776 then attached to a Company of Militia in sd Fairfield commanded by Capt. Ephraib Tharp in Col. Lewis Regiment of Foot he served on a Tour of Duty in sd Company to the City of New York for a term of two months & continued in Service in sd City till it was evacuated by the American Troops, then marched out to Harlem, then over to Kingsbridge, whence he immediately returned home. And the Declarant further saith that in the Spring of 1777 he was drafted from the same Company under the same Officers except that Col. Gould was the Col. of the Regiment & served for a term of six months on Guard on the Sea Coast of sd Town of Fairfield the known lines then extending along sd Sea Coast. They then having the Command of Long Island Sound. During this last stated Service he joined for a period of four or five days the aforesaid Company & served in the same on a Tour of Duty about Danbury in sd Fairfield County, also Ridgefield a town adjoining. The British were then at sd Danbury which town they then burnt & then marched over to Ridgefield where we had an engagement with them in which engagement Genl. Arnold was wounded in which Col. Gould was killed. The British then marched down to a place called Compe on the Sea Coast.

where they embarked & where we had another though slight engage- with them at that time. And the Declarant further saith that immediately after the agreed service Early in the fall he served on a Tour of Duty to Fishkill in the State of New York for about two months & was there at the time Burgoyne was defeated & surrendered up North of that place, there being at this time one Continental Regiment at Fishkill, but the officers he does not recollect And the Declarant further saith that in 1778 in the fall of the year he was drafted from D o unks Company & served on Guard of D o Sea Coast of Fairfield for three months. Stationed at McKenzies Point so called, and the Declarant further saith that Early in the Spring of 1779 he was again drafted from the same Company & served on Guard Stationed at the Court house in said Fairfield & was under the Command of Lieut t Burton. During this last mentioned service, in July, the British landed from their ships on Fairfield beach under Genl t Gage & marched up & burnt D o Fairfield then retreated back to McKenzies Point near by where they landed & where they embarked & where we had a pretty severe skirmish with them. And the Declarant further saith that in the year 1780 he served for at least three months, but thinks a longer time draft- ed from the same Company & Stationed on Guard at the Village of Mill River then so called, now Southport in D o Fairfield & as he thinks under Sergeant Andrew Bulkley of D o Company. And the Declarant further saith that in 1781 & 1782 he served on Guard as a drafted person for at least nine months & Stationed during D o service at Mill River aforesaid. That once in 1781 he served on Guard for three months under Sergeant John Pease & in 1782 for three months under Sergeant James Bulkley. Which D o Sergeants belonged to the company with himself & he thinks that the Col o of the Regiments at these times was either Jonathan or David Simon, which he cant say as they both were Col o s in the war. And the Declarant saith that he has no Documentary Evidence nor does he recollect of ever having rec d any written discharges that he was born on the 14 th day of March 1759 in D o Fairfield where he lived

State of Connecticut County of Fairfield
ss Fairfield District August 28 th 1833
At a Special Court of Probate held at Fairfield in the Probate District of Fairfield in the County of State personally appeared Ebenezer Gborn the Untitled Applicant for a pension who subscribed and made oath to the preceding Declaration the original of which was made on the 27 th day of August 1832 and the Supplemental one on the 8 th day of August 1833 before the Probate Court doth on his oath further state that in respect to those services stated in his preceding Declaration to which this is annexed and in support of which he has adduced no proof he is still unable to adduce any as he can find no witnesses living who can now remember them, and that in respect to those services stated in support of which he has adduced proof which accompanied his preceding Declaration he can adduce no other proof that he knows of except so far as relates to a tour of duty as described by him which he performed at the City of New York in 1778 in further proof of which he has now adduced the testimony of Nathan Beers and Abel Sherwood who served with him on that occasion. That he did not state in his Supplemental Declaration that he had procured the only evidence in support of his claim that he knows of yet the reason why he did not procure the depositions of Beers and Sherwood was not any design to evade the requirements of the Pension Department but because he had procured the testimony of one credible witness to the fact of his New York service in 1778 which he supposed was sufficient and to any other service rendered by the declarant P. Sherwood & Beers could give no evidence and he further states that he has now procured the best evidence he can in support of his claim sworn to and subscribed on this day. Ebenezer Gborn Daniel Dyer Judge of the Court of Probate for the District aforesaid

I David Hill Jr Clerk of the Court of Probate for the District of Mansfield. Mansfield County Connecticut do hereby certify that the foregoing explanatory statement of Ebenezer Osborn was subscribed and sworn to before the Probate Court and I further certify that David Hill whose own proper signature known to me to be genuine is affixed thereto as the Judge of the Court is now & has been for more than one year past the Judge of the Court duly commissioned and acting as such. In testimony whereof I have hereunto set my hand and affixed my official seal this 28 th day of August 1833. I further certify that Thomas Robinson before whom the annexed Deposition of Abel Sherwood & Nathan Biss was subscribed & sworn to this now & was on the 24 th day of August 1833 a justice of the Peace for the Mansfield County duly commissioned & acting as such and that the signature purporting to be his is genuine. In testimony whereof I have hereunto set my hand & seal the day & year aforesaid.
David Hill Jr Clerk
PLAID

Abel Sherwood of the Town & County of Fairfield State of Connecticut aged eighty one years being duly concerned & sworn do testify & say that I have personal knowledge that Ebenezer Osborn of said Fairfield in said County, and State served on a Town duty to the City of New York in the summer of 1776 for two months in Capt. Eliphalet Phelps Company Col Lewis Regt & said service ending at the time of the Evacuation by the American Forces. I was in service for the same term of time in the same Company of Capt. Phelps Col Lewis Regt and further the deponent saith not Dated at Fairfield this 24 th day of August 1833
Abel Sherwood
I Nathan Beers of Fairfield Fairfield County Connecticut aged seventy six years do testify and say that I am personally knowing that Ebenezer Osborn of said Fairfield served in Capt. Phelps Company Col Lewis Regt on a Town duty to New York for two months and was in service at the Evacuation of the City by the Americans. I served in the same Company at the same time, and I further served immediately after leaving the City at the time of the Evacuation at Harlem not less than one month but I do not recollect that said Osborn served at Harlem but believe him immediately returned home and further the Deponent saith not. Dated at Fairfield this 24 th day of August A.D. 1833 Nathan Beers -

State of Connecticut County of Fairfield } So Fairfield August 24 th 1833
The Depositions of Abel Sherwood and Nathan Burs on the other side hereof were taken subscribed & sworn to before me and I hereby certify that they possess unquestionable character for truth
Thomas Robinson J. Peace

P
15550
INVALID.
File No. 15550
Elmery Osborn
Bi Nov 1882
Act: June 7 th 1882
Index:—Vol. 1 , Page 282
[Arrangement of 1870.]

11.646 22.578
Ebenezer Osborne
Adm 2 years $80
Mrs G. Tomlinson Fairfield Concord Fairfield Concord

WAR DEPARTMENT,
• Pension Office,
July 24. 1833 to
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 subjunct 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 Elmiger Osborn
   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.     2 6 25 3 9 3 9 3 3  
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:
Thus 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) , who has 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 (n) 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 corps, 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 fix 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 time 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.