Revolutionary War Pension and Bounty Land Warrant Application File S. 7305, for Daniel Peck, Massachusetts

SERVICE
NUMBER
Mass.
Peck, Daniel
S. 7305
Carded
CONTENTS

14.380 New York
Daniel Deth
of Rensselaer in the State of N.Y. who was a private in the 6th Regt - commanded by Captain PARSON - of the 1st Bty commanded by Col. Brice - in the Mass line for 1 year 8 months
Inscribed on the Roll of N.Y. 1st at the rate of 66. Dollars 66 Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 20 th day of May 1833 - and sent to. Mrs. Abigail Dull Clerk County Court Rensselaer N.Y.
Arrears to the 4th of March 1833. $133.32 Semi-annual allowance ending 4. Sept. 1833. . . 33.33
$166.65
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by George Taylor Clerk. Book E. Vol. 4. Page 71.

No 19881. Daniel Leek. New York
Archibald Full Clerk Rensselaer County Court New York

WAR DEPARTMENT,
Pension Office,
Sir:
The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in a tabular form. On comparing these papers with the following rules, and the subjoined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will shew what is necessary to be done. 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 Daniel Peck Renpselace
   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.     Enlisted April 1775. 8 Priv. Capt Sawyer Col Head Mass. Age 81 Documentary   Jan 1. 1776 White Plains N.Y. History Traditionary   Enlisted 1 " " " East Chester Trenton Princeton N.J. Pa. Mass.  
I am, respectfully,
Your obedient servant,
J. L. EDWARDS, Commissioner of Pensions.

REGULATIONS UNDER THE ACT OF JUNE 7, 1832.
The following regulations have been adopted:
This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army, and to include under the terms "Continental Line," "State troops," "militia," and "volunteers," all persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, &c. Teamsters, Boatmen, &c. Persons who served on board of Private Armed Vessels are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service.
Four general classes of cases are embraced in this law:
 1. The Regular Troops.  2. The State Troops, Militia, and Volunteers.  3. Persons employed in the Naval service.  4. Indian Spies. 
As rolls of the regular troops in the Revolutionary War exist in this Department, all persons, claiming the benefit of this law as officers, non-commissioned officers, musicians or privates, will in the first instance, make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides. And every Court having by law a seal and Clerk is considered a Court of Record.
DECLARATION,
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
State, Territory, or District of } ss. County of }
On this day of personally appeared (a) before A. B. a resident (b) of in the county of and State, Territory or District of aged (c) years, who being first duly sworn, according to law, doth on his oath make the following declaration, in order to obtain the benefit of the provision made by the act of Congress, passed June 7th, 1832. That he enlisted in the Army of the United States in the year (d), with and served in the (e) regiment of the line, under the following named officers:
[Here set forth the names and rank of the Field and Company Officers; the time he left the service; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers;) the town or county and State in which he resided when he entered the service; the battles, if any, in which he was engaged, and the country through which he marched. [This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.]
He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of
Sworn to and subscribed the day and year aforesaid.
A. B.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states.
I of the Court of do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of for a pension.
In testimony whereof I have hereunto set my hand and seal of office (i) this day of &c.
If, on examination of the proper record the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out.
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz:
(k) We, A. B., a Clergyman, residing in the and C. D. residing in (the same) hereby certify, that we are well acquainted with , who has subscribed and sworn to the above declaration; that we believe him to be years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.
Sworn and subscribed the 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 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 , 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.
G. Easton Dean Clark

Daniel Peck
Declaration for a Pension
19881

Declaration, in order to obtain the benefit of the act of Congress of June 7, 1832.
Printed & Sold by Kemble & Hooper, 8 State-st. Troy, N.Y.
State of New York, ss. County of Rensselaer
On this twelfth day of September  1832 personally appeared in open Court, before the undersigned the Court of Common Pleas of said County now sitting, Daniel Peck a resident of Sand Lake county of Rensselaer and State of New York, aged Eighty one years, who being first duly sworn according to law, doth, on his oath, make the following declaration, in order to obtain the benefit of the act of Congress passed June 7, 1832.
That he entered the service of the United States under the following named officers, and served as herein stated. That he enlisted in Captain Samuel Parsons Company in Colonel Joseph Read Regiment of Continental Troops in Roxbury in the State of Massachusetts in the month of April 1775; that he marched from Roxbury aforesaid to Wquantum in the State of Massachusetts (or a place that went by that name then) and was stationed at that place eight months (being the full time for which he enlisted) that on the first day of January 1776, he enlisted in the same Company & same Regiment as before mentioned for one year & served his time out; that they marched from Wquantum aforesaid to New York, was there about six months, & then marched from New York to Fort Washington up the Hudson River from Fort Washington to East Chester where they had a battle with the enemy, and from there they marched to White Plains, and there they had a skirmish with the enemy, from White Plains they marched to Peekskill, and from there they marched through New Jersey to Pennsylvania, from there to Trenton in New Jersey where they had two battles, from there they went to Princeton, from there to Elizabethtown and was discharged in New Jersey near Elizabethtown; that he has no documentary evidence except the discharge hereto annexed and knows of no person except Scholter Peck who can testify to his service; he has lived in the State above thirty years, thinks there is a record of his age in the State of Massachusetts.
He hereby relinquishes every claim whatever to a pension or an annuity, except the present, and he declares that his name is not on the pension roll of the agency of any State, or (if any,) only on that of the agency of the State of
Sworn to, and subscribed, the day and year aforesaid.
Daniel Peck mark
Archibald Bull Clerk
We, Isaac Wellington residing in the City of Troy and David H. Wellington residing in the City of Troy aforesaid hereby certify that we are well acquainted with Daniel Peck who has subscribed and sworn to the above declaration; that we believe him to be Eighty one 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.
Isaac Wellington David H. Wellington
Archibald Bull Clerk
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 Isaac Wellington who has signed the preceding certificate, is a resident in the City of Troy and that David H. Wellington who has also signed the same, is a resident in the City of Troy aforesaid and are credible persons and that their statement is entitled to credit, and that there is not any Clergyman in his neighborhood who is sufficiently acquainted with the applicant to testify in his behalf.
I, Archibald Bull Clerk of the Court of Common Pleas of the County of Rensselaer do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Daniel Peck for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this Twelfth day of September 1832.
Archibald Bull Clerk

State of New York Montgomery County ss.
I hereby certify that John Frothingham Esq. before whom the within affidavit purports to have been sworn was on the day of the date of the same one of the Justices of the Peace in and for the said County of Montgomery and that I am well acquainted with his hand writing and verily believe the signature "John Frothingham" within subscribed to be his proper hand writing and signature. In Witness Whereof I have hereunto set my hand and affixed the seal of said County the first day of October 1832
Geo: D. Ferguson

State of New York Montgomery County
ss I Daniel Peck of the Town of Sand Lake County of Clinton  Rensselaer State aforesaid do hereby
That I enlisted in Capt. Samuel Parsons Company in Col. David Rands Regiment of Continental troops in Albany in the State of Massachusetts in the year one thousand seven hundred seventy five and served the United States as a private soldier until I was duly discharged by my superior officer.
Subscribed Sworn to the 13 th day of September 1830 before me John Fotheringham justice of the peace
Daniel Peck
State of New York Montgomery County
ss I Schahed Peck of the Town of Speratiab County of Montgomery State aforesaid
do hereby certify that I was present when the aforesaid Daniel Peck above named enlisted in the Company set forth in his affidavit and that I served in the same company with him at the same time.
Subscribed Sworn to the 13 th day of September 1830 before me John Fotheringham Justice of the peace
Schahed Peck

Daniel Pack
87.7305 Mass

These may certify that Daniel Peck of Houghton has served as a soldier in the Colored Army in company Col. Joseph H. Reid, Recd. Bunker Hill even before to Jan'y Seventy Seven Eight months at Squanto and Red Jacket on the Mohawk Houghton Feb'y 28 1877 Sam l Payson Cust.

Mass. Peck Daniel S7305-

Newman
7305
INVALID.
am
File No. 7305
Daniel Peck
Pin. Ben. Ass.
Act: June 7 th 1832
Index:—Vol. 1 st , Page 292
[Arrangement of 1870.]

Mc Clure's Creek Phoenix and 28th St.
p 32 N.Y. Onondaga
Edgar Wade Oct 18th 1881

June 19 - 1847
Mr W G Wade
Sir Mr Daniel Peck requested me to write a line to you wishing you to investigate his Claim to Bounty Lands for revolutionary services he received ninty Six Dollars per year when through mistakes made in the writings or other causes his Pension was reduced to forty Dollars he is now ninty years of age dependent upon his friends for support and has not received the Bounty Lands which is his due if you will investigate his claims and write as soon as possible you will oblige He is here on a visit and seeing the advertisement in the Journal requests me to write and he will remain a week or two longer Please write as soon as possible
Phoenix June 19 Yours Respectfully D S Peck
PS Mr Moore returns thanks for your kindness in giving information about his pension we have sent to Mr Edwards at Washington the form was sent and returned he will now receive 6.00 per month which he needed much W S P