Revolutionary War Pension and Bounty Land Warrant Application File S. 22403, for Samuel Moore, Massachusetts

SERVICE
NUMBER
Mass
Moore, Samuel
S22403
CONTENTS

31. 362
Windsor Vermont
Samuel Moore
of Franklin in the State of Vt who was a Private in the Company commanded by Captain Clapp of the Regt , commanded by Col. Haws in the Mass. line for 10 months
Inscribed on the Roll of Windsor at the rate of 20 Dollars 00 Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 9 day of March 1838 and sent John W. Smith  Chelsea Vt.
Arrears to the 4th of March 1838 $ 140.00 Semi-ann. allowance ending 4 Sept. " 10.00
$ 150.00
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by N. H. Addison Clerk, Book E 2 Vol. 3 Page 85
See let. to John W. Smith Aug. 23, 1837

Samuel Moore's
Declaration
Chelsey -
8494
Plan to make return to
John Withers / Chelsea
Ocean County -
Vermont -

State of Vermont } At Chelsea in D r County on this 31 st day of Orange County } August AD 1832 personally appeared before the Hon. Thomas Jones one of the Justices of the County Court of the said Orange County. D r Court being a Court of Record Samuel Moore a resident of Chelsea in the County of Or- ange and State of Vermont aged 74 years, who being - first duty sworn according to Law doth on his oath make the following declaration in order to obtain the benefits the acts of Congress passed June 7 th 1832 - that he entered the service of the United States under the following name & officers and served as herein stated. - That he was - born at Bridgewater in Massachusetts in the year 1758 and in the summer of 1775 he went to Milton in Mass- achusetts to learn the trade of a blacksmith. That his age is recorded in Bridgewater as above as he was told by his father that in the year 1777, about the first of December, he en- listed in the service of the Continental Army, as Massachusetts State troops to go to Boston or Cambridge, and guard Benjamin & his Army as prisoners of War, for the term of six months in the Company commanded by Capt Samuel Robinson of Dorchester. He thinks his Company was attached to no Regiment but was employed at Cambridge in Massachusetts & belonged to what was then called the Pa- triot, that he entered the service and arrived at Cambridge about the first of Dec r and was there employed during six months, as a guard & patrol, in Cambridge & vicinity. That guards & Patrols were placed at Milton - Squantum and all around Cambridge & Boston that before his six months expired he agreed to remain there one month longer & enlisted for 6 months & was employed as above at Cambridge till the expiration of his second months and was discharged at Cambridge about the first of July 1778. He thinks he had a written discharge but is not certain & has not seen it for a long time of years - he was mustered and discharged at Cam- bridge & served seven months - that being on patrol as a patrol. He cannot recollect any other officers except General Heath, Major  General  and  the  Colonel  Heath commanded them - Also that about the middle of July 1778, after being at home from the Army a few weeks he again enlisted in the service of the United States and in the Massachusetts state troops as he thinks for the term of four months to go to Rhode Island in Gen. Sullivan's Expedition in the Company commanded by Capt. Clapp in the Reg- iment of ...

Also that about the middle of July 1778, after being at home from the Army a few weeks he again enlisted in the service of the United States and in the Massachusetts state troops as he thinks for the term of four months to go to Rhode Island in Gen. Sullivan's Expedition in the Campany commanded by Capt. Clapp in the Regiment commanded by Col. Hovey. L.B. Col. White in Hovey's Brigade. that he enlisted this time at Scituate Massachusetts. and entered his service immediately an enlistment on volunteering & was marched to Providence then to Scituate & crossed Howland ferry onto the Island and marched towards the south end of the Island near Drownport. that he was there when the great storm happened which separated the British & French fleets. that they were employed entrenching & on fatigue duty & on guard - that he saw the French fleet. that his Regiment was stationed some time in sight of Drownport & heard the Cannonading - that he was in the skirmishing & battle at Windmill Hill & Battered. - & when Gen. Sullivan retreated off of the Island his Regiment retreated to the North end of the Island & crossed at Howland's ferry in the night to Scituate from there to Scituate ferry, to Patuxent & Providence & from there marched down to New Boston in Rhode Island and was there stationed till he was discharged at the expiration of his four months which he thinks was about the middle of December 1778. & thinks he had a written discharge & has lost it -
Also that on the last of July or first of August 1779 as near as he can recollect he again enlisted or volunteered in the service of the Massachusetts State troops & he thinks in the Campany commanded by Capt. Nathl. Hall in the Regiment which he cannot recollect as his company did not join it. but being mostly young men they were called Rangers to guard the Tars & Cow bays. He enlisted or volunteered for four months and marched immediately to Fairfield in Connecticut. and was stationed there as a company of Rangers after their arrival there and were constantly on the alert looking out for the Tories & Cow bays making their movements to prevent their driving off cattle & provisions to the British. that they were at Fairfield & other towns around there a short time in a place & constantly on the move & thinks he went over into the state of New York & remained in the service of Rangers for four months and was discharged some where west of Fairfield fifteen or twenty miles but cannot recollect the name of the town, about the first of December 1779. verbally and returned home

also that in the month of July in the year 1780 he again entered the service of the United States - for three months to go to Rhode Island - that he enlisted or volunteered in the Massachusetts State Troops in the Company commanded by Capt Joseph Richards Lieut. James & Simon Shattuck. in the Regiment commanded by Col. Gills in Genl. Bath- cokes Brigade. That he was marched immedi- ately to Providence & from thence to Patuxet - where they remained several weeks. & from thence to New Boston. in Rhode Island. That a part of his Regiment were stationed at How- lands Ferry & a part at Scituate & a part at Providence - that he was on guard and on fatigue during his three months service That his company remained at New Boston in Rhode Island till some time in the month of October 1780 when he was verbally discharged at New Boston aforesaid and returned home that since the Revolution he has lived in Manchester, New Hampshire & in Shelburne Vermont Hartford and Chelsea Vermont - that he has had the rheu- matism & shaking palsy which has destroyed his health since his speech - that he has no doc- umentary evidence. and knows of no person whose testimony he can prove who can testify to his services aforesaid.

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 - Witness John W Smith
Samuel his Moore
Sworn to and subscribed the day and year aforesaid -
Thomas Jones Asst Judge of Orange Co Court
We Nathaniel Oak residing in Chelson in said Orange County and John W Smith - residing in S. Chelson hereby Certify that we are well acquainted with Samuel Moore who has subscribed and sworn to the above declaration, and that we believe him to be seventy four years of age, and that he is respected and believed in the neighbourhood where he resides to have been a soldier of the Revolution and that we concur in that opinion, and we know of no clergymen in the vicinity who would probably be able to testify on the subject - Nathl Oak John W Smith
Sworn to and subscribed the day & year aforesaid
Thomas Jones Assistant Judge of Orange County Court
And the said Thomas Jones, one of the Justices of the County Court aforesaid hereby declares his opinion after the investigation of the matter and after putting the interrogatories prescribed by the War department, that the above named Samuel Moore an applicant was a Revolutionary Soldier and served as he states - And the said Jones further certifies that it appears to him that Nathaniel Oak who has signed the preceding certificate is a resident in Chelson in Orange County and that John W Smith who has also signed the same is a resident in the same place, that they are both credible persons, and that their statement is entitled to credit.
Thomas Jones Assistant Judge of Orange County Court
And the said Thomas Jones one of the Justices aforesaid

And the said Thomas Jones, one of the justices of the County Court aforesaid hereby declares his opinion after the investigation of the matter and after putting the interrogatories prescribed by the War Department, that the above named Samuel Moore an applicant was a Revolutionary Soldier and served as he states - And the said Jones further certifies that it appears to him that Nathaniel Doh - who has signed the preceding certificate is a resident in Chelsea in Orange County and that John W. Smith who has also signed the same is a resident in the same place, that they are both credible persons, and that their statement is entitled to credit.
Thomas Jones Assistant Judge of Orange County Court
And the said Thomas Jones one of the justices aforesaid further certifies that the said Samuel Moore the applicant aforesaid is wholly unable by reason of age and bodily infirmity to appear in Court, which is the reason of the above declaration being made out of Court agreeable to the Regulations of the War Department -
Thomas Jones Assistant Judge of Orange County Court
I Thomas Jones one of the justices of the Court aforesaid do hereby certify that the foregoing contains the original proceedings before me in the matter of the application of Samuel Moore of Chelsea aforesaid for a pension
In testimony whereof I have hereunto set my hand officially at Chelsea in Orange County this 31 st day of August A.D. 1832
Thomas Jones Assistant Judge of Orange County Court
State of Vermont Orange County Clerk's Office September Seventh A.D. 1832 I H. E. G. H. Laughlen Clerk of Orange County Court hereby certify that Thomas Jones before, where the foregoing declaration was taken was at the time a Judge of Orange County Court duly authorized to administer Oaths, and that the signatures purporting to be his are genuine. -
In Testimony whereof I have hereunto set my hand and affixed my Seal of Office the day & year above written. H. E. G. H. Laughlen Clerk

June 18, 1940
XXXXXXXXXXXX
Samuel Moore, S. 22403 Thomas Moore, W. 12540 BA-J/MEF:MLB aw
Mrs. Thomas J. Foley Akron New York
Dear Madam:
Your letter addressed to Mrs. Finch has been placed in the proper channel for official reply in regard to Samuel Moore, the brother of Thomas Moore (W. 12540), Revolutionary War soldier, or any other brother, to aid you in obtaining the names of the parents of Thomas Moore who was born sometime between 1775-1780. You state that Samuel Moore made affidavit in support of his brother's (Thomas') claim for pension.
A claim for pension has been found based upon service of a Samuel Moore of Chelsea, Orange County, Vermont, in 1838, then aged seventy-four years, just as described in the claim of Thomas Moore, which you read, doubtless, when you were in this city. The papers in that claim for pension, Samuel Moore, S. 22403, have been examined, but no names of children are shown.
No other brothers of Thomas Moore can be identified, even if on file, without their full names.
You will recall that Thomas Moore, cited by you, had a son, Thomas Porter Moore, born October 16, 1788. His mother, Mary Moore, died in 1848, and he survived her.
Mrs. Finch is glad to know that you were not injured in the recent storm referred to in your letter.
Very truly yours
A. D. HILLER Executive Assistant to the Administrator

FREE
In at
Rose June Sum & Moore
J. S. Edwards Commrs. of Pensions City of Washington D. C.
Sum Moore N.Y.

Hon. J. L. Edwards
Chelsea August 29. 1837-
Sir
I recd your letter in relation to the application of Samuel Moore - Mr Moore alleges a service of Seventeen Months as you observed - and it is remarkable that the Mass. Rolls do not show some of these terms of service - I have endeavored to find some additional testimony to prove his service but as far as I know Mr Moore is a man well known among us generally as a man of integrity of character & honesty. which I could show by many witnesses and also that he is commonly reported to have been in the service several times during the Revolutionary war - & the testimony of Mr Jesse Johnson who was in the same company and mess with him goes to corroborate his statements as to our term of service. and in default of any additional proof in this case as Mr Moore is very low in health and will not probably live

through the winter, and is at this time dependent wholly for his support — I hope Sir you will come to the decision that he is entitled to the bounty of the Gov enments for the term of service specified in Johnsons application at least — and you will thereby greatly relieve the sufferings and affliction of the applicant I earnestly believe Sir in the merits of his claim tho' he has been thus unfortunate in substantiating it —
Resp Sir Yours Obedt Servt
Hon J. S. Edwards
John M. Smith
Council of Pension
Hon D. A. H. Barks of the Indian Department is well acquainted with the applicant and may possibly give some information in relation to the claim to whom I refer you — J. W. S.

Act 7 June, 1832. See let. to Gov. W. Smith, Aug. 23, 1837.

Chelsea (Vt.) Aug. 15. 1837.
Dear Mr. L. Edwards
Sir, I herewith return to you the papers of Samuel Moon of this town which have been in my possession a long period. as I had determined not to return them to the Department without accompanying them with some additional proof. I have made all the exertions in my power in the case. and am still unable to furnish any additional proof except the affidavit of Jesse Johnson to prove an attunement of his services. I have ascertained the residence of several other witnesses. but am sending you their testimony. I learn that not one of them are living. the applicant and his wife are now both Publick paupers in this town. the applicant himself has recently had a shock of the palsy. and I am unable to learn any thing further from him. or to understand him. I must therefore submit the claim to the candor of the Department. hoping that this piece of evidence. going to corroborate the statements of the Declarant in our time of service will induce the belief

is entitled to credits in the whole of his Statement — Knowing as I do the moral character and integrity of the applicant I cannot believe that he wants deviate from the truth for the purpose of enlarg- ing his pension. I have the honor to be Sir Yours ob t Servt
John W. Smith
Wm J. Edwards
Commr. of Pensions
City of Washington
D.C.

I Jesse Johnson of Plainfield in the County of Sullivan and State of New Hampshire a soldier of the Revolution and a Pensioner of the United States depose and say that in the time of the War of the Revolution I was well acquainted with one Samuel Moore then of Bridgewater Massachusetts but now of Shelburne in the State of Vermont. We were actors and soldiers together for the space of six months in the year 1777 - We served as privates in Captain Robinson's company of the Massachusetts line in the vicinity of Boston and Cambridge Massachusetts. The said Moore and myself were tent mates so that I feel confident as to the identity of the man.
Jesse Johnson
Sworn and subscribed to this 11th day of August 1837
In testimony whereof I have hereunto set my hand and affixed my Notarial Seal at Plainfield in the County of Sullivan and State of New Hampshire this 11th day of August A.D. 1837 -
John Bryant Notary Public
I further certify that I have been long acquainted with Jesse Johnson the above deponent and that he is a credible witness
John Bryant Notary Public

This was mailed to my home address - must be
Early Settlers of New York State
Their Ancestors and Descendants
By Janet Wethy Foley
Akron, New York June 11, 1940.
Published monthly, $3.00 per year
By Thomas J. Foley
Dear Mrs. Finch:
Our latest adventure is a cyclone which tore the roof off of our house, and did much other damage. We were not at home, so not harmed.
I am trying to find the father of Thomas Moore, probably born 1775 - 1780.
In W 1 8,5 4 0 - Thomas Moore, his brother Samuel states that in 1775 he and Thomas lived in Stoughton, Suffolk Co., Mass.
Will you please advise me, if you have an application for Samuel, or any other brother, if another be mentioned, and give me any reference to the family.
Thanks and kindest regards,
Sincerely,
Janet Wethy Foley
Mrs. Thomas J. Foley.

Revolution
22403
INVALID.
20-June 18-Mch 78. Relief no children Howard 10-Mch 78
No. 22403
Hammel Moore
His Rev War
Act: June 7 th 82 nd
Index:—Vol. 9 , Page 281
[Arrangement of 1870.]

No 8494.
Samuel Moore, Orange co. Vermont.
Adm for 6 mo $20 per am Miss Miller Capt. Robison
John W. Smith, Chelsea, Orange co. Vermont.

WAR DEPARTMENT,
Pension Office,
18 June 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 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. 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
   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.              
I am, respectfully,
Your obedient servant,
J. L. EDWARDS,
Commissioner of Pensions.
It cannot be readily admitted that the services of the applicant are insusceptible of proof, and the regulations require the production of the best to be had.

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, 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.