Revolutionary War Pension and Bounty Land Warrant Application File S. 14196, for Noell Potter, Rhode Island

SERVICE
NUMBER _____
R. J.
Potter, Noell or Noel
S. 14196
carded
CONTENTS

New York 27.76
Wael Potter
of Niagara in the State of New York who was a pl t & en d in the com y comman by Captain Trapha n of the reg t comman by Col l Kimball in the Brigade line for 5 months & 20 days private
Mar h 5 th days Enlis d R.R. Line.
Records corrected Nov 16/42
Inscribed on the Roll of New York at the rate of 30 Dollars 31 Cents per annum. to commence on the 4th day of March, 1831.
Certificate of Pension issued the 21 day of Nov r 1834 and sent to Thos Dunlap Middletown N.Y.
Arrears to the 4th of Sep r 34 106.08
Semi-ant. allowance ending Nov 35 15.15
$121.23
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by Sam l Boyd Clerk. Book 62 Vol. 4 Page 54

In the Matter of the Application of Noel Potter of Hardland Niagara County New York for a Pension.
Thomas D. Doolittle Middleport Niagara Co. N.Y. Agent.

Declaration
In order to obtain the benefit of the act of Congress of the 7th of June 1832.
State of New York County of Niagara ss:
On this Eighth day of May in the Year of Our Lord One Thousand Eight Hundred and Thirty four personally appeared before the Court of Common Pleas of the County of Niagara now sitting Noel Potter a Resident of Hartland in said County and State, who being first duly sworn 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 was born at Coventry in the County of Kent and State of Rhode Island on the Thirteenth day of August 1758, when he resided until about Five Years after the Revolutionary war when he removed to Clarendon in the County of Rutland and State of Vermont and resided there about Thirty Seven Years, and from thence he removed to Hartland aforesaid, where he has since resided. That he has a Copy of his Father's family record in his possession, by which his birth appears to have been as above stated.
That he entered the service of the United States as a Soldier in the Revolutionary war about the first day of December 1776, under the following named Officers, and served at the times and places hereinafter stated, for more than four years.
He was called out as a Militia Man about the first of December 1776 at Coventry Rhode Island and served One month in the Company commanded by Capt. Benedict Colvin and in the Regiment of Col. Nathaniel Brown, as a Corporal, and was stationed during said term at East Greenwich.
He was again drafted in the February following and served One month under Capt. Joseph Hopkins in the Regiment of Col. Brown, as third Serjeant, and was stationed at Quitsaduck.
He in the month following joined an Independent Company called the Kentish Guards, in which he served from March 1777, to May 1781 which Company was composed of about Eighty Men, residing at East Greenwich and its vicinity, and was commonly

did by Capt Richard Fry, and in which Christo- pher Green (brother of General Nathaniel Green) was Lieutenant. Said Company was not attached to any Regiment but was under the immediate Command of the Governor William Green. The object of raising said Company was to guard the Stores and Harbor. Said Company when not called on duty from East Greenwich was mustered every other Saturday for the purpose of exercise and discipline. He was not in actual service the whole term, but was requir- ed to be already equipped for an expedition in defense of the Country and was called out very frequently on tours of duty of different du- rations, which he is wholly unable from the term which he has elapsed (although his mem- ory is tolerably good) to particularize. When on duty the Company was stationed a great part of the time at East Greenwich. He thinks he was on duty as much as two years putting all the periods together while a mem- ber of said Company.
He remembers several tours of duty distinct- ly - some of which have come to his recollec- tion since his previous Declaration. In March when he joined the Company he served one week at East Greenwich, when there was a fort. He also was in actual service one month in April of the same year 1777 at East Green- wich, and one month in July of the same year. In October 1777 he marched with his Com- pany to Trenton, when they made two attempts to land on the Island called Rhode Island but failed. They were under the Command of General Spencer and at this time and he served at this period one month. General Cornwall Com- manded the Militia at that place.
In August 1778 he went with his Company to Newport, when they joined other American forces under the command of General Sullivan. Col. Livingston was also there and acted as Brigadier General - while his Regiment was Commanded by Capt. Richard Fry who was the oldest Captain in the Regiment. Capt. Fry's Company the Kentish Guards, was under the Command of William Arnold, and formed the advanced Guard of the Regiment. His Company left Newport a few days before the Battle for light at that place. He served at this time twenty days according to his recollection.
In July 1778 he went with his Company to Middle Town and Portsmouth where he served fifteen days. The last duty he did in the Guards was only two, three and four days at a time, a good

many times during the time he belonged to this company and some times longer periods but is unable to give detailed statements of any more than the above terms. (from the length of time. Copy of Memento). He was a Private in the Company. He believes this Company was called into service by the Governor and authorities of the state of Rhode Island.
In May 1781. he left the company of Guards, having been chosen Ensign in the Company of Militia to which he previously belonged then commanded by Capt. Richard Potter. He served as Ensign in this Company about one year - during which period he was detached with a number of others from his company, and served five weeks in the service of the United States on Rhode Island at Newport and Brinton's Neck and guarded Col. Kimball and the Continental Store at Newport and did garrison duty at Brinton's Neck. He returned most of this time in a Company commanded by Capt. James Rhodes. During this time he went under Capt. Potter to take refuge when they had a skirmish and at which place he was known to Peter Packer a witness who has testified to his service at this period. This touch of five weeks was in July and August 1781. That he received an Ensign's Commission in this Company which he lost about thirty years ago. That he is now seventy five years of age. He thinks he now has a written discharge from service, and has no documentary evidence of his services, and knows of no other except Peter Packer who can testify as to the same, a witness whom he has ascertained to be living in the County of Warren in this state and whom Affidavit is here annexed. He hereby relinquishes every claim whatever to a Pension or benefit except the present and declares that his name is not on the Pension Roll of the Agency of any State. That he is aware of the fact that David Taylor, Jonathan and Samuel Potter, and others who aided him in the Revolution were paid for their services as soldiers of the Revolution.
Given and subscribed to the Reg and year aforesaid in the presence of us a Notary Public in and for the State of Rhode Island by Col. Kimball on Rhode Island in the village before execution. Mel McCollum Judge of Niagara County Courts
NOEL POTTER
State of New York Niagara County ss. We Roswell Kimball and Henry Taylor of Hartland in said County the said Roswell Kimball being a clergyman of said Town hereby certify that he has well acquainted with Col. Potter who has subscribed and sworn to the foregoing declaration and that we believe him to be seventy five years of age as he states that we

have known him since his residence in Hartford. That he is respected, and beloved in the neighborhood where he resides to have been a Soldier of the Revolution. That such reputation and belief is general, and that no doubts have ever existed on the subject, so far as our knowledge extends. That said Abel Potter is a man of truth and veracity, and his statements are in our opinion entitled to full credit, and further that we concur in the opinion generally entertained, that he was a Soldier of the Revolution and served as he states. R. D. Webb
Staten Island then day and eighth day of May 1884 before me — Evel M'Callum Judge of Magana County Penns —
R. Winchell Henry Taylor
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. —
When and in what year were you born &c. to which the applicant replied that he was born at Coventry Rhode Island on 13 th August 1758. That he had a copy of his father's family record now in his possession. That he resided at Coventry, when called into service - that he has resided since the Revolutionary war, at Coventry Rhode Island, Clarendon, Vermont, and Hart- land New York where he now resides - That he was drafted and volunteered into the service of the United States. That the names of Regular Officers known to him were Generals Sheffield and Sherman & Glover & Col. Livingston. That he connected Col. Jackson's Regiment and the Regiments comprising General Morgan's and a number of Militia Regiments. That he had then received a written discharge from the service - That he held an Ensigns Commission in the Militia, which he had lost about forty years ago. It was signed by William Brant Governor of Rhode Island.
As to the person who killed him, he was known to Russell Herrin and Henry Taylor Grandison Britton friend and Samuel Beckford persons of whom acted in his vicinity, who could testify to his abduction for variety and their belief of his death as a soldier of the Revolution;
That the above named Applicant was a Revolutionary soldier and served as an officer. And the Court further certifies that it appears to them that Robert Humbolt who has signed the foregoing certificate is a Clergyman, and that Henry Hargrove who has also signed the same is a Resident of Hartland in a legitimate person, and that their statement is entitled to credit.
rather than the 6 out in all and one -
Dear Mr. Calhoun,
Dear Mr. Horn
Henry Catlin Clerk of the Peace for Common Bleas of the County of Nottinghamshire. Whereas the said Henry Catlin hath been principal bail for the said John Birk in the matter of the appeal to the Quarter Sessions for a Review.
the testimony of Henry Adams who has and does at Springfield testify that he has and does at Springfield testify that he has and does at Springfield testify that he
Dear Mother

State of New York Warren County } On the 17 th day of March the year of our Lord one thousand eight hundred and thirty four personally ap- peared before me a Justice of the Peace in said County Peter Parker to me well known and a candid witness who being duly sworn doth depose and say that he knows Noel Potter late of Clarencleville in the County of Rutland and State of Vermont and now of Hartland in the County of Niagara and State of New York and was acquainted with him during the Revolutionary war that they both lived in Rhode Island at that time and according to the best recollection of this deponent in the year 1780 this deponent was a soldier in Colonel Kimball's Regiment and in the company commanded by Captain Trafton and served on Rhode Island and Block Island and that said Noel Potter was an En-
State of New York County of Warren S d . J. Thomas Archibald Clerk of the said County do hereby certify that Eli B. Pearson before whom the annexed Affidavit purports to have been sworn was at the date of the same one of the Justices of the Peace in and for said County and that I am acquainted with his handwriting and truly believe his name subscribed to the said annexed Affidavit to be his proper handwriting and signa- ture. Witness my hand and seal of Office this 17 th day of March 1834
Thomas Archibald Clerk

State of New York Warren Countyss } On the 17 th day of March the year of our Lord one thousand eight hundred and thirty four personally ap- peared before me a Justice of the Peace in said County Peter Parker to me well known and a candid witness who being duly sworn doth depose and say that he knows Noel Potter late of Clarencleville in the County of Rutland and State of Vermont and now of Hartland in the County of Niagara and State of New York and was acquainted with him during the Revolutionary war that they both lived in Rhode Island at that time and according to the best recollection of this deponent in the year 1781 this deponent was a soldier in Colonel Kimball's Regiment and in the company commanded by Captain Trafton and served on Rhode Island and Block Island and that said Noel Potter was an En- sign in said Regiment and company and that this deponent and said Potter were engaged together in a skirmish against the Refugees and Cow Boys same time in the summer or Fall of that year the precise date not recalled and further deponent saith not Sworn and subscribed } this The day and year aforesaid } Peter + Parker mark Eli C. Pierson Justice of the Peace
and I further certify the reason that Peter Parker makes his mark he stated to me that he never learnt to write his name March 17. 1834 Eli C. Pierson Justice of the Peace

In reply to your request for a statement of the military history of Noah Potter , a soldier of the REVOLUTIONARY WAR, Pens as Noah Potter - you will find below the desired information as contained in his (or his Pen widow's) application for pension on file in this Bureau. S. file 14,196
   DATES OF ENLISTMENT OR APPOINTMENT. LENGTH OF SERVICE. RANK. OFFICERS UNDER WHOM SERVICE WAS RENDERED. STATE.   CAPTAIN. COLONEL.     Dec. 1 1776 1 mo. 2 d Capt. B. [?] Calvin Nathl. Porson R. I.   Feby 77 1 mo. 3 d Lieut. Jos. Hopkins "   Between Feb. 77 and May 1781 2 yrs. in short "terms" Pvt. { Richard Fry Wm Arnold "Kentish Guards"   May 1781 1 yr. Ensign { Schabod Potter James Rhodes Trapham Kimball   (was not called into service again)  
Spencer's Sullivan's Exped.
Battles engaged in, Sk. on Block Island -
Residence of soldier at enlistment, Coventry, R. I.
Date of application for pension, Sept. 5, 1832.  all correct -
Residence at date of application, Hartland, Niagara Co., N.Y.
Age at date of application, B. Aug. 13 - 1758 at Coventry, R. I.
Remarks:

New York Noah Potter Rev. y. Suspended
Letter to Thos. Dunlap May 28. 1834. —
see let. to Thos. Dunlap. 5. June 1834. —
Adm d
Act J. June '32

Waucoma, Iowa
April 17, 1910.
Commissioner of Pensions Washington, D. C.
Dear Sir,
I thank you very much for your kindness but this Noel Potter is not my St. Grandfather although he must be a near relation.
My St. Grandfather, Noel Potter was born in Coventry Kent. Co. Eng.
Aug. 13, 1758 & died near Eggsh. Munroe Co. N. Y. Nov. 3, 1847. He is buried at Hartland Niagara Co. N. Y.
He married Anna Roberts who was born 1758 & died 1842. His father was Stephen Potter known as Judge Stephen Potter

for many yrs. Judge in the State of A. I.
Mr. Ottes applied for a pension in 1832 and it was allowed. He lived at that time in Hartland, Niagara Co. N. Y. He drew a pension until he died in 1847.
You will not find this record in the Wid File as his wife died 6 yrs. before he did.
I wish this record very much for I stated before to prove eligibility to daughters of the American Revolution.
Am very sorry this mistake occurred but wish to thank you in Advance for a copy of the military record of the

Dear Noel  Potter . who fought under Capt. Collins, Hopkins, Arnold, Fry, Crafton and many others my father does not re- member their names. Hoping you will not have any trouble finding this record I am
Very respectfully (Miss) Addie M. Potter
Address Miss Addie M. Potter Waucoma Fayette Co. Iowa Box 101.

O.W. & N
2
Independence, Iowa Buchanan Co
Feb 21 st 1906
Dear Sir, Will you please Send me a copy of Pension Papers of Noel Potter my Grand Father in the War of the Revolution, I think his Papers was signed by Lewis Cass Sec of State, I think he was mustered in the Service at Newport R.I, where he was Born, any information in regard to his Service will be most Thankfully received by me
H. H. Potter

Rev. War
✓ 14.196 INVALID.
Mar. 12, 1906. Writ. to H. H. Potter. 1906 Nov. 7 - Writ to Kate A. Bowen. letter in S. File 42832 Noah Leavens. 1910 Apr. 20 - To Miss Addie M. Potter P.
File No. 14.196
Noah Potter pr. Corp'l Consig: Rev War
Act: June 7 th 1832
Index: - Vol. 1 , Page 355
[Arrangement of 1870.]

In the matter of the application of Noel Potter of Hartland Chautauqua County N. York for a Pension.

State of Rhode Island and Providence Plantations.
Secretary's Office August 23 d A 1834.
I certify that at the session of the General Assembly of said State held on the fourth Monday of May one thousand seven hundred eighty one, Noel Potter was elected Ensign of the first company of militia in the town of Coventry for one year: That at the session held on the second Monday of December following, the said Potter was elected Lieutenant of said company until the first Wednesday of May then next. That at said May session seventeen hundred eighty two, and during said year the said Potter was continued in said office until May 1783: That at the session on the first Wednesday of May one thousand seven hundred eighty three the said Potter was reelected Lieutenant for one year: As appears of record in this office.
Witness- Henry Bowen Secy

BY HIS EXCELLENCY,
John Brown Francis
Governor, Captain-General and Commander in Chief of the State of Rhode-Island and Providence Plantations.
BE IT KNOWN, that the name " HENRY BOWEN " to the afore-written attestation subscribed, is the proper hand writing of Henry Bowen, Esquire, who, at the time of subscribing the same, was Secretary of the State aforesaid, duly elected and qualified according to law : Wherefore unto his said attestation, full faith and credit are to be rendered.
In testimony whereof I have hereunto set my hand and caused the seal of said State to be affixed at Provi- dence, this twenty second third day of August in the year of our Lord one thousand eight hundred and thirty- four and of Independence the fifty-ninth.
John Brown Francis
BY HIS EXCELLENCY'S COMMAND.
Henry Bowen Secy.

Dear Father -
Middletown N.Y. Nov 29
free
To the Department of War Pension Office Washington City D.C.
Immediate attention
very

Middleport - Niagara Co. N. York Nov. 28 th 1834.
C. S. Edwards Esq. Comm y of Pensions. Dr Sir The Papers relating to the claim of Abel Potter of this County for a Pension under the act of Congress of June 7 th 1832, have for some months been on file in the Pension Office, and advice received that a certificate from the Secretary of State of Rhode Island of his appointment as an Ensign would be required to entitle him to draw pay as an Officer of that grade. This was procured and transmitted to your Office in September last since which nothing has been heard from it. It was expected that a Pension Certificate would be forwarded ere this, and I am fearful there may have been some mis- carriage of letters one way or the other, and wish for information on the subject.
Your letter relating to the claim of Abel Ripley was duly received. Probably something more may be done before or at the next term of the Court, although we are at a loss to know what more can be done. He has made proof of part of his service, and no one who knows him can doubt for a moment that he has declared the truth according to his best recollection. He is always uniform on the subject, and no one in this Country doubts that his claim is a meri-

torious one. He has already been subjected to much more than the ordinary expenses of application, and is very ill able to sustain it. I have sometimes thought it advisable for him to relinquish all claim except for the services actually performed, rather than encounter any further expenses and delay in prosecuting the claim, if Government would make the allowance. He is much disheartened at the obstacles which have been raised to his claim.
May I request a reply at your earliest convenience.
I am Sir, Respectfully
Your Obedient Servant
Thos Overland

John Sears P.M.
May. 31. 1834.
ans? 5 th June 1834.
FREE
Hon. J. L. Edwards Comm ee of Pensions Washington City D. C.

Post-office Montgomery N.Y. May 31. 1834
Hon. J. L. Edwards
Sir - The enclosed letter*, I think must be mislaid, as there are no person in or about this place, of that name
I am. Respectfully, your obedient Servant John Scary P.M.
* a letter to Mrs. Dunlap, in Noel Potter's case

State of Vermont Rutland p — 3
On the 27 th day of February A.D. 1833, personally came before the undersigned authority, Peter Parker of said County to me well known and a credible witness, who being duly sworn doth depose & say, that he knows Noel Potter late of Clarendon now of Hartland in the County of Niagara State New York, and was acquainted with him during the Revolutionary war — that they both lived in Rhode Island at that time — and according to the best of his recollection, in the year 1781, the deponent was a soldier in Col. Kimball Reg t Capt. Hapgood's company, and served on Rhode Island & Block Island — and that said Noel Potter was an Ensign in said Regiment & company, and the deponent thinks he served also one year as Ensign, but of this he is not positive They were together in a skirmish on Block Island against the Refugees & Cow-boys in the summer or fall of that year — he does not remember the precise time, but it was warm weather.
sworn before me this day & year aforesaid?
R. Brattle Jus. Peace

State of Vermont Rutland County
Robert Rippon, Clerk of the County Court for the County of Rutland certify that Robert Temple is a justice of the peace for said County duly commissioned and that the foregoing signature is his hand writing
In testimony whereof I have hereunto set my hand and affixed the seal of said Court at Rutland this 2 nd day of February A.D. 1833
R. Rippon

5827
Noel Patten
de
Oct 31 93
Thomson Dunlop Esq Middleport New York

WAR DEPARTMENT,
Pension Office,
Oct 31 39 Nov. 6
Sir:
The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in a tabular form. On comparing these papers with the following rules, and the subjjoined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will shew what is necessary to be done. Those points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus: { ). You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your claim.
A Statement, shewing the Service of Noil Pottin
   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.

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

alleged service, as they are known at the Department. A very full account of the services of each person will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.
The Court will propound the following (m) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.
 1. Where and in what year were you born?  2. Have you any record of your age, and if so, where is it?  3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?  4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom?  5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services.  6. { To a Soldier. { Did you ever receive a discharge from the service, and if so, by whom was it given, and what has become of it? { To an Officer. { Did you ever receive a commission, and if so, by whom was it signed, and what has become of it?  7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution. 
The Court will see that the answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant.
The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons—one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion. If one of these persons is a Clergyman, the Court will so certify, and they will also certify to the character and standing of other persons giving such certificates.
The traditional evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party. And the Courts are requested to be very particular in the inquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
Applicants unable to appear in Court, by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court.
Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the Peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature.
No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.
[a] The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance.
[b] The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not conforming to the rule.
[c] The age of the claimant must invariably be mentioned.
[d] The declarant must mention the period or periods of the war when he served.
[e] Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had. Every claimant must state, with precision, the length of his service, and the different grades in which he served, in language so definite as to enable the Department to determine to what amount of pension he is entitled. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service; but, according to the best of his recollection, he served not less than the periods mentioned below, and in the following grades:—For _____ year _____ months, and _____ days, I served as a _____. For _____ months and _____ days, I served as a _____; and for such service I claim a pension."
It is important, in all cases, to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months , is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state that they served two years in the militia, &c. without specifying the tours, the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must, in every case, be clearly shown under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
[f] The law makes the relinquishment indispensable.
[g] The opinion of the Court is always required.
[h] The Clerk must give his certificate in every case.
[i] The Clerk must affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he has no public seal of office, the certificate of a Member of Congress, proving the official character and signature of the certifying officer, should accompany the papers.
Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other papers authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
Proof of Service.
[j] In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses who are required to set forth in their affidavits the time of the claimant's entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
The notes from [a] to [i] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in note [j] applies to continental troops only.
[k] This traditional evidence is indispensable in militia cases.
[l] If a witness cannot be found, the declarant must state the fact.
[m] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.
also claims for previous not paid in the main how but one above under notice can be allowed?

State of New York Majorca County ss. On this 4 day of September in the year 1833. Personally appeared before me Joseph Levett a justice of the peace in and for said county Well Patten who being duly sworn says that makes a further and supplemental affidavit in addition to the affidavit herewith annexed for the purpose of attaining jurisdiction under the act of language of seventh June 1832 - and says that he had a copy of the family record of his father read in his possession - and by that record he was born in the year 1758 - at the Town of Coventry & State of Rhode Island - and that from the revolution on was he then resided in the Town of Coventry aforesaid about five years from then applicant removed to the Town of Clarendon State of Vermont + then removed to the Town of Mendon and from then Applicant removed to the Town of Portland Niagara County State of New York and has re- sided here ever since - and deponent says that he never received any written discharge from any of the devices mentioned in the annexed original declaration - and applicant further says that the company of Kentish Guards were called an independent company of Infantry The company consisted of about eighty men - The company was in uniform - That the members of said company resided in the village of East Greenwich with the exception of a few who resided within a few miles of the village, and were under the im- mediate command of the Governor of said State of Rhode Island. William Green who lived in the vicinity of Greenwich - That the object of raising said company and continuing the same was to defend the sea coast and in particular to guard the landing or harbor at said village of East Greenwich - That said company were always mustered every Saturday in the  the  month  forenoon then respective quarters  quarters when not on duty called on duty from said village - for the purpose of exercise & discipline - and that said company was composed of the most respectable inhab- ants of said village - And applicant says that he does not wish to be understood that he was in actual service all the time he was a member of said company - other than he was compelled as a member of said company to be ready and equipped

for an expedition whenever requiring for the defense of the country - And deponent says that he was frequently called out and marched to different parts, and was there on duty one month or more at a time a great many times he is wholly un- able to particularize all the times - as the times and occasions that he was called out, were for so frequent at such irregular periods, some- times being out on duty one month or more & sometimes not more than two or three days And deponent says that he is unable to state more particularly the places to which he was called & in which he was stationed than he has done in the annexed declarations - That during said service in said company, during said four years, appli- cant made it his business when he went absent from said company, in said town of Conesbury seven miles and a half from from said village of East Greenwich - And deponent further says that during said four years he was in actual service more than two years - putting all the periods of service together, he was so called out - during this period he was a private in said company - And deponent says that the he is unable by reason of old age & loss of memory to state any further particularly of said service - And deponent further says that he served in said organization - one year as follows - one month as corporal and drafted militia man - one month as a drafted militia man and as third sergeant - two years at different periods during the term of four years as a member of said uniform independent com- pany - called the Kentish Guards, in the capacity of a private - and one year applicant served in the capacity of Ensign in the militia - And for which applicant claims a pension
Joseph Leventer. P.P. - Sworn before me Sept 4 th 1833 Will Foster
State of New York Ulster County p: I Joseph Leventer a portion of the names of said county do certify that I am acquainted with Nathl Patten who has made the above affidavit - and that he is a man of good standing and of truth and veracity - Joseph Leventer per me Patten

State of New York Niagara County
ss. I Henry Cattlin a clerk of the county of Niagara do hereby certify that Joseph Cattlin before whom the within certificate and affidavit were made & sworn to is now and was at the time of the date of said certificate a Justice of the peace in and for said county - and I do further certify that I am well acquainted with said Joseph Cattlin and have seen him write and that the signature to said certificate purporting to be made before the said Joseph Cattlin and the signature to said certificate made by him are his own proper hand writing and his genuine signatures. And I do further certify that the annexed original declaration of the pension applicant within names and the certificate of the court were annexed as the same are now annexed by reason when the same were executed by the said court - and when
Witness my Seal of Office thereto Henry Cattlin Notary Public and Clerk of Court Seventh Day of September A.D. 1833

5851
grade of Capt + Sergt not sustained —
Acct
5 Mo. 12 d. pri
1 " 5 d Ensign
16.66
1.32
12.33
30.31

In the matter of the application of
Ned Potter a Revolutionary Soldier to obtain the benefit of the act of Congress passed June 7 th 1832
State of New York } ss County of Steuyen }
On this fifth day of September A. D. 1832 personally appeared before the Court of General Sessions now sitting in and for the County of Steuyen on the State of New York Procter  Bartholomew Potter a resident of the Town of Lockport  Lockport in the County and State aforesaid aged seventy four years, who being first sworn according to law, doth on his oath make the following declarations in order to obtain the benefit of the Act of Congress passed June 7 th 1832 That he was drafted as a militia man about the first of December A. D. 1776, to serve one month. That he served at this time under Colonel Nathaniel Brown who resided at West Green wich in the State of Rhode Island and Benjamin Colvin Captain. That he was stationed during said term at East Green wich . That at the time he was drafted he was eighteen years of age and resided in the Town of Coventry, County of Kent and State of Rhode Island. That he served at this time as a second Corporal That in the February following he was again drafted and served under Captain Joseph Hopkins as third Sergeant one month and that his company belonged to the Regiment commanded by said Colonel Brown. That he was at this time stationed at Greenwich Heads. That in the March following (March (1777)) he joined a company called the Kentish Guards in which company he served until May 1781 being no little more than four years

That said Company was then commanded by Captain Richard Fry - and Lieutenant Christopher Green (brother to General Nathaniel Green) That said Company, belonged to no Regiment but was under the Command of William Green then Governor of Rhode Island That General Nathaniel Green had previous to this time belonged to this Company -
That he served as a private in this Company That while he belonged to said Company he was called to various places in the State of Rhode Island but that said Company was stationed the most of said term of four years at East Greenwich where there was a fort That during this period and he thinks in the month of October (1777) he went with his Company to Newtown where they made two attempts to land on the Island called Rhode Island but failed That at this time his company was under the Command of General Spencer - and that General Cornwall commanded the Militia that was at that place - That in the month of August 1778 he went with his company to the Island of New Port, where his Company joined other American forces commanded by General John Sullivan and that Colonel Livingston was also there and acted as Brigadier General - and that Captain Richard Fry commanded the Regiment to which his Company belonged Captain in the Regiment he being the oldest and that his Company at that time was commanded by William Arnold - That his Company formed the advanced Guard of the Regiment commanded by Colonel Livingston - That his Company left New Port a few days before the Battle fought at that place That he with his Company was called to various places which he does not now recollect That in the year 1781 after he had served said term of four years he left the Company called the Kentish Guards he left said Company having been elected to the office

of Ensign in the Company which he left when he joined the British Guards That the Company in which he was elected ensign was then commanded by Captain Isaac Patten and Lieutenant Joseph Burgess. That he served as ensign in said Company about one year That while in this Company he was stationed a part of the time at New Port and a part of the time at a place called Brintons Heak - That after the expiration of the year above mentioned he was not called into the Service. That he received an Ensigns Commission which he lost about forty years ago. That he has no documentary evidence of his service nor does he know of any person whose testimony he can procure who can testify to his service. 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 and subscribed to before me in open Court the fifth day of September A.D. 1832 Henry Adair Clerk of the Court of General Sessions of the County of Niagara County
Noel Patten
State of New York } ss County of Niagara }
We Joel Doubleday a Clergyman - man residing in the Town of Hartland County of Niagara and State of New York and John B. Waterman of the same place hereby certify that we are acquainted with Noel Patten who has subscribed and sworn to the foregoing declaration - that we believe him to be seventy four years of age - That I the said Joel Doubleday have known the Noel Patten about two  four

years - and that I the said John B. Waterman have been acquainted with the said Potter about twenty years That he the said Potter is now and ever has been since our first acquaintance with him as aforesaid reputed and believed in the neighborhood where he has resided to have been a Revolutionary Soldier and that we concur in that opinion - That said Potter is a man of truth and veracity and his statements
Entitled to full credit
Sworn and subscribed to in open Court before me this fifth day of September 1832 Henry Austin Clerk of the Court of General Sessions of the Peace of Niagara County
John B. Waterman Joel Farbleday
And the said Court do hereby declare their opinion to be 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 that Joel Farbleday who has signed the preceding certificate is a Clergyman resident in the Town of Hartland in the County and State aforesaid - and that John B. Waterman who has also signed the same is also a resident of the same place & is a credible person and that their statement is entitled to credit
J. McCallum } Members of the D. Alvord } Court in Attendance
Niagara County ss I Henry Austin Clerk of the Court of General Sessions of the Peace of Niagara County do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Noel Potter for a Pension -
In Testimony Whereof I have hereunto set my hand and seal of office at Lockport this fifth day of September A.D. 1832 Henry Austin Clerk