Revolutionary War Pension and Bounty Land Warrant Application File S. 9987, for Giles Phelps, Connecticut

SERVICE
NUMBER
born.
Phelps, Giles
S. 9987
carded
CONTENTS

New York 28.720
Giles Phelps
Essex Co in the State of New York who was a Private in the Company commanded by Captain Cobley of the Regt. commanded by Col Sheldon in the Connecticut line for 7 mos 15 dys
Dead
Paid at the Treasury under the Act of the 6. April 1835 of the amount due from 4 th March 1837 to 15 Sept 1837 the day of his death. Age Notified 10. June 1839
Enscribed on the Roll of New York at the rate of 25 Dollars — Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 24 th day of May 1834 and sent to Hon. R. Whallon H. Reps.
Arrears to the 4th of March '34 $ 75.00 Semi-ann. allowance ending Sept. 4 '34. 12.50 $87.50
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by Saml. H. Page Clerk, Book E Vol. 4 Page 115
Died Sept 15, 1837
See Q. B.

TREASURY DEPARTMENT,
Second Comptroller's Office,
May 31 st , 1839,
Sir:
Under the act of the 6th of April, 1838, entitled "An act directing the transfer of money remaining unclaimed by certain Pensioners, and authorizing the payment of the same at the Treasury of the United States," Samuel, one of the five children of Giles Phelps, a Pensioner on the Roll of the Albany, N.Y. Agency, at the rate of Twenty five Dollars and _____ Cents per annum, under the law of the 7 th June, 1832, has been paid at this Department, from the 4 th of March, 1837, to the 15 th Sept., 1837, the day of his father's death.
Respectfully, yours,
William H. Harrison Comptroller.
To the Commissioner of Pensions,
Present.

22240
Giles Phelps
Organ of the Department
Whitaker
" c.c.p.
⑤ Oct. 28. 33
H. R. Whallon
Samuel J. Andrews
Elizabeth Town
East New York

WAR DEPARTMENT,
Pension Office.
4 Oct 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 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 Giles Phelps Essy Lamb New York
   Period when the service was rendered. Duration of the claimant's service. Rank of the claimant. Names and Rank of the Company officers under whom he served. Names and Rank of the General and Field officers. Battles in which the applicant was engaged. Country through which he marched. Place of abode when he entered the service, and age at the present period. Evidence by which the declaration is supported.   Years. Months. Days.     July 1776 about 2 Capt Cobley Col Sheldon { New Hampshire Hampton   " 1777 " 1 15 = = { New York Leicester   1777 " 3 " = = none Connecticut Connecticut Living witness   26 July 1778 " 2 " = = { Patriot Hill Patriot Hill   mustered 7 15 Homestead { Red Hook Red Hook   { Horseneck Horseneck   { age 72 years  
I am, respectfully,
Your obedient servant,
J. L. EDWARDS, Commissioner of Pensions.
23.33 1.00 1.00

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

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

State of New York County of Essex
On this 28th day of September 1832 personally appeared in Open Court before the Judges of the Court of Common Pleas in and for the County of Essex, New Jersey, Elias Phelps a resident of Elizabethtown County of Essex and State of New York, a free white male person who being first duly sworn according to Law doth in his oath make the following declaration in order to obtain the benefit of the act of Congress passed June 7. 1831.
That he entered the service of the United States under the following named Officers and served as herein stated.
Entered the service as a Militia man in 1776 in the War of Independence in Connecticut County of Litchfield and marched from that place to New Haven Connecticut and from that place to New York City. When got to New York just before the Battle on Long Island. Stayed in New York until the City was given up to the British in 1776. Shortly after the month of August they retreated out of New York to White Plains. Stayed there until September and then was dismissed. Thinks he was absent about two months from the time he left home in a covered shield of Farmington County of Litchfield State of Connecticut. On landing the Flymore Captain Cobble commanded the Company he lived in Farmington County of Litchfield and State of Connecticut. Serjeant Hayden and Ordway Serjeant Oliver Phelps was there. Ordway Serjeant and those two last mentioned Officers laid in the same place with Captain Cobble in July 1777. He went into it with the Militia again with the same Officers went from Farmington County of Litchfield and State of Connecticut and went to Peekskill. It passed through Danbury Connecticut. Camped there with the Militia and same Officers was dismissed at Peekskill and sent home in one month. Stayed at home two or three weeks. had Orders to march to the Fishkill Mountains in New York with the same Officers and stayed there until the British Fleet

Went up the North River, then they marched up the East side of the River under Command of General Putnam in sight of the Fleet to Poughkeepsie, then to Rhinebeck and from there to Red Hook. They lay by one day there the British Fleet turned down the River then was ordered to March down with the Fleet and marched down the River to Rhinebeck, Sergeant Phelps was taken sick and this applicant was left to take charge of him and then returned home in the month of November. John Phelps the sick man the Regiment got home about the same time and was dismissed being about the time after Burgoyne was taken was absent at this time about three months and served under the before mentioned Officers In July 1778 enlisted under Captain Hensdale to guard the State Prison of Connecticut and was stationed at New Haven for the space of four months, aged 72 Years last Dec 13. 1831 never was in an engagement except on board seeing General George Washington while in New York. Don't remember the names of the other troops and Regiments that was present but remember that General Putnam and Mr. Douglass was present  hired under Lord Howe for nine months had a man with him for a servant  two months and then for the season returned home after serving with the army He hereby relinquishes every claim to a pension or annuity except the present and declares that his name is not on the pension roll of the agency of any State Sworn to and subscribed the day and year aforesaid Ebenezer Phelps Edward Newcomb
1st Where and in what Year was you born Born in Harrington Litchfield County on the 13th day of De- cember 1759 as he was informed frequently by his Parents

2nd Have you any record of your age and of so where it is
Have got a record but it is at home in a book kept for accounts of particular transactions and kept by my father Samuel Phelps
3rd Where were you living when called into service where have you lived since the revolutionary War and where do you now live
Sure at the time he was called into service in the Town of Hampton County of Sheffield and State of Connecticut moved from there to Panton Vermont and from there to Elizabethtown Essex County New York and from there to Pinedale Essex County New York and from there to Elizabethtown Essex County New York and lives there at the present time
4th How were you called into service were you drafted did you volunteer or were you a substitute And if a substitute for whom Entered the service as a Militia man and also as a volunteer and hired Mr. Shimerine Marshall to go as a substitute for him about 2 or 3 months
5th State the names of some of the regular Officers who were with the troops were you served such Continental and Militia Regiments as you can recollect and the general Officers of your service General George Washington General Putnam General McDougal Col. Sheldon's Regiment which he served in when in New York they lay with their regiments on the north side of the river was in New York just before

New York was given up to the British just having the City by retreating on the day of the British taking possession of the City marched up and down the North River with the British flag was left to take charge of Phelps when he was marching through Newham and went from there by Water to New York and then through Danbury Connecticut the second time on his way to Poughkeepsie
Did you receive a discharge from the service and if so by whom was it given and what has become of it
None excepting when he got Almerin Marshall to enlist and state his place but the same was burnt when his house was burnt July five years ago
7th State the names of persons to whom you are known in your present neighbourhood and who can testify as to your character for veracity and their belief of your services as a Soldier of the Revolution
Joseph Durano Elder John Sterns Amos Williams
John Sterns John Sterns We John Sterns a Clergyman residing in the Town of Elizabeth Elizabeth and  the County of Essex and State of New York and Edmund F. Williams residing in the same place hereby certify that we are well acquainted with Giles Phelps

who has subscribed and sworn to the above declaration that we believe him to be thirty five years of age that he is respected and beloved in the neighbourhood where he resides to have been a soldier of the re- volution and that we concur in that opinion Sworn and subscribed the Adjutant General aforesaid John Stearns Timothy Groves Clerk C. M. and J. Williams
And the said Agents 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 said Agents further certify that it appears to them that John Stearns who has signed the foregoing certificate is a Clergyman residing in the Town of Elizabethton and that Edmund Williams who has also signed the same is a resident in the same place and is a credible person and that their statement is entitled to credit
I Leonard Stone Clerk of the Court of Common Pleas and of the County of Eddy do hereby certify that the foregoing containing the original proceedings of the said Court in the matter of the application of Elias Phelps for a pension In witness whereof I have hereunto set my hand and seal of Office this 28 day of September 1832 Leonard Stone Clerk

State of New York Essex County ss: I Leonard Stow Clerk of the county of Essex do hereby certify that the records of the court of Common Pleas of said county do certify that I am well and personally acquainted with John Stearns & Edmund J. Williams whose names are subscribed to the next preceding affidavit that they knew to and subscribed that same before in open court and that they sustain a fair reputation for truth & veracity and that they are in all respects credible witnesses. The said John Stearns living then and now a Clergyman of Respectable standing
In testimony whereof I hereunto subscribe my name and affix my seal of office this tenth day of August in the year 1833
Leonard Stow Clerk
Notes Phelps

State of New York } Ira Phelps of the Town of Elizabethtown, County of Essex And State of New York being duly sworn in Open Court do depose and say that he is well acquainted with Giles Phelps of Elizabethtown, County of Essex And State of New York And has been acquainted with him for the Space of sixty five Years last past says he is a man of about Twenty Two Years of age Says he knew him when he lived in Hamilton County of Dutchess And State of Connecticut about the Year 1767. having lived at the time in the same place and in the same neighbourhood with him and in one family Knows of his belonging to the Militia under Colonel Sheldon and is knowing to his having left that place with the Regiment and Company of Captain Cobley In some part of the State of New York as he understands at the time says he was absent at the time about two months And then returned says he went away again in the Year 1777 with the same Regiment And same Officers was gone at that time about one month and then returned home he stayed at home two or three weeks And then went away again with the same Regiment and the same officers And was gone from home about three months at this time says he remembers his enlistment for nine months And that he remembers his doing duty under that enlistment about two months as high as he can now recollect And will remember his hearing Almarine Marshall as a Substitute who went and served the remaining part of the nine months And then returned home this enlistment having been out the time last mentioned and done duty with Phelps and Marshall together nine months And further saith he
Subscribed and sworn in Open Court this 28th day of September 1831
Ira Phelps

State of New York
Essex County ss:
I Leonard Stow clerk of the county of Essex & Clerk of the court of Common Pleas of said county do hereby certify that I am well and personally acquainted with Ira Phelps the person named in & who swore to & subscribed the next preceding affidavit and that he the said Ira Phelps is a man of truth & veracity in all respects a credible witness
In testimony whereof I have hereunto subscribed my name and affixed my seal of office this tenth day of August in the year 1833
Leonard Stow, Clerk
Ira Phelps
22240

State of New York      Stephen Barker of Westport Essex County      County of Essex and State of New York being duly sworn depose and saith that he was well acquainted with Giles Phelps in the Year 1776 when of the Town of Warrington County of Litchfield State of Con- necticut and that he was known to the said Giles Phelps going into the service by going with the Militia in the Company commanded by Captain Cobley Lieutenant Havens and Colonel Sheldon and that it was reported at the time that he was with the Company to the City of New York and that he saw him in uniform but don't know how long the said Phelps served and that this deponent is Sixty Eight Years of age last June and that said Giles Phelps now resides in the Town of Elizabethton County and State aforesaid and further saith that he the said Giles Phelps went out again after that the two other times in the Militia but don't know how long he served and further saith not
Stephen Barker
Subscribed and sworn this 16th day of July 1833
Before me Alexander Moss Justice Peace

Whereby certify that I am well acquainted with Stephen Barber of Westport County of Essex and State of New York the deponent herein mentioned and that he is a man of truth and veracity and entitled to credit and that he is reported to be fifty eight years of age Dated July 6th 1833
Alexander Morris Justice of the Peace
State of New York Essex County ss.
I Leonard Shaw Clerk of the County of Essex do hereby Certify that the above is a true and correct copy of the foregoing affidavit of Stephen Barber before whom the said deponent was at the time of the taking of the same a Justice of the Peace in and for said County duly elected and sworn and further I am well acquainted with the hand writing of the said Judge and truly believe his signature to be the same as that said affidavit and also to the above certificate of the ad- ability of the said Stephen Barber to be his genuine signature and hand writing
Giles Phelps
And further that the foregoing contains the original proceedings of the said Court in the matter of the application of Giles Phelps for a pardon that they are the identical papers submitted in full as certified by me under my seal of office the 28th day of September last past together with the affidavit
In testimony whereof I have hereunto subscribed my name and affixed my seal of office this tenth day of August in the year one thousand eight hundred & thirty three
Leonard Shaw Clerk
Record Yemo. 1500 June 25th

Reen
9987
INVALID.
File No.
9987
Giles Phelps
Priv Rev War
Act:
June 7 th 1832
Index:—Vol.
1
, Page
295-
[Arrangement of 1870.]