Revolutionary War Pension and Bounty Land Warrant Application File W. 13797, for James Packard, Massachusetts

SERVICE
NUMBER
Mem
Packard, James Freelove
W13797
CONTENTS
[Blank lined area for entries]
[Blank lined area for entries]

Massachusetts - 3,729
Enclose Packard, widow of James Packard, who was a pensioner under the Act of 7 th June 32 and who died on the 19 th Sept. 1836 of Bright's - in the State of Massachusetts who was Chap. in the Company commanded by Captain Sumner of the Regt. commanded by Col. Allen - in the Mass. line for 14th & 15th days
Inscribed on the Roll of Massachusetts at the rate of 33 Dollars 87 Cents per annum, to commence on the 4 th day of March, 1836. 20 th Sept. 1836
Certificate of Pension issued the 3 rd day of Aug. '39, and sent to A. B. Russell Tauton, Mass.
Arrears to the 4 th of Mar. - $ 83.32 Semi-annual allowance ending 16.94 $100.26
{ Act July 7, } 1838.
Recorded by R. Burdick Clerk Book A Vol. 15 Page 126

Dear.
See letter to the Hon Mr. Dyer March 15. 1834 Let. to A. Bussey, & order to pay July 6, 1837
Dec 19 Sept 1836.
27213. Massachusetts James Packard of Easton in the State of Mass who was a private in the Comp y command by Captain Suscomb of the Reg t command by Colo. Walker in the Mass line for 10 Months 5 days.
Entered on the Roll of Mass at the rate of 33 Dollars 89 Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 8 th day of Mar. 1834 — and sent to. A Bapsell Esq r Taunton Mass Arrears to the 4th of Mar. 1834 . $ 101. 67 Semi-ant. allowance ending 1 st Ja. 11 . . . 16. 94 $118. 61
Revolutionary Claim, 2 Act June 7, 1832. 5 Recorded by George Taylor Clerk, Book C Vol. 2 Page 66

James Packard
29. 455
A. Basset Stannum Wad

COMMONWEALTH OF MASSACHUSETTS.
In the twenty fifth day of December eighteen hundred and thirty three
Before Marcus Martin a Judge of the BRISTOL ss. Supreme Judicial Court within and for As a Court of Probate held at Marcus Martin - in and for said County on the day of the Commonwealth of Massachusetts one thousand eight hundred and thirty three, before the Honorable Horace Perkins , Judge of the Probate, &c. for said County, personally appeared James Packard a resident of Easton - in the County and Commonwealth aforesaid, aged eighty three years, who being first duly sworn according to law, doth on his oath, in order to obtain the benefit of the act of Congress, passed June 7th, 1832, make the following declaration.
As will appear under the fifth interrogatory herein after mentioned -
and further declares as follows, in reply to the interrogatories propounded by the Secretary of War; to wit:
1. Where, and in what year were you born?
Ans. That he was born in Easton - in the County of Bristol and State of Massachusetts in the year one thousand seven hundred and fifty , and on the twenty first day of June of that year.
2. Have you any record of your age; and if so, where is it? Answer , I have a record of my age as I had it from my Parents, which was kept in a Testament.
3. Where were you living when called into service; where have you lived since the Revolutionary War, and where do you now live? Answer , I was living in Easton when I was called into service, and I have always lived in Easton since the war except five years I then lived in the Town of Sharon , I now live in Easton .
4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? and if a substitute, for whom? Answer , I was never drafted, I always enlisted voluntarily whenever I was called upon to turn out in defense of my Country. I was never a substitute but once, & then for John Holmes who is now dead, and for half a month.
5. State the names of some of the Regular Officers who were with the troops when you served; such Conti- nental and Militia Regiments as you can recollect, and the general circumstances of your service. Captain Abiel Mitchell , (who was afterwards a Colonel) was the first officer under whom I served, I voluntarily turned out & enlisted under Captain Mitchell at the first alarm, at the Lexington fight on the night of the 19 th day of April 1775. I was then marched to Roxbury near Boston, and there served ten days. I then enlisted and served eight months in a company commanded by Captain Francis Luscombe , Mathew Brandell & Seth Pratt were my other company officers Luscombe was of Taunton , I was stationed at Dorchester and Roxbury near Boston during this campaign, we were placed in Col. Simeon Waltons Regiment, Nathaniel Leonard was Lieutenant Colonel, and Abiel Mitchell of said Easton was our Major at this time: this campaign

at the expiration of said eight months I was verbally discharged by my officers. I refer to Francis Luscomb's affidavit to prove my service at this time and at the expiration of said eight months I returned home. 1/2 Month. In the Month of August 1776 I engaged for & served half a month on Castle Island (now Fort Independence) I was a substitute at this time for John Holmes, and served in a company commanded by Captain Mathew Randall. And at the expiration of said half month I was verbally discharged by my officers & returned home.
1 Month. I again enlisted and served one month, in the fall of the year 1776, and as I think in partly in the Month of October & partly in the Month of November, I served under Captain Mathew Randall at this campaign and was stationed the first half of the Month at Warren, and the other half at Scituate, both of which places are in the State of Rhode Island. And at the expiration of said Month I was verbally discharged by my officers and returned home. I have no documentary evidence to prove the first ten days (or the last two campaigns being one and one a half months) service, and there is no person living that I know of by whom it  or rather I can make the proof & must depend on my own statements as it is hereinafter supported in this declaration.
10 Days. I was also called out and served at an alarm at Scituate in the State of Rhode Island ten days in the Month of July 1778. I served at this time under Captain Mathew Randall. There is no living evidence that I know of, of this last ten days service.
I saw General Washington when I was in Roxbury, I also saw General Putnam when I was serving on Castle Island. I am know General Thomas. I also saw many other officers, and Regiments during my service which I cannot more particularly describe.

6. Were you a Soldier or an Officer? if 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? if an Officer, did you ever receive a commission, and if so by whom was it signed, and what has become of it? Answer. I was a Soldier & never had a written discharge. I never had a commission.
7. State the names of the 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. I refer to The Reverend Luther Sheldon & Francis Goward
And the said James Packard doth further declare that he hereby relinquishes every claim whatever to a pension or annuity except the present, and 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.
James L. Packard mark.
Marcus Morton  Judge of Probate  associate justice of the Supreme Judicial Court of the Commonwealth of Massachusetts
WE Luther Sheldon a clergyman residing in Easton and Francis Goward residing in the same Town hereby certify that we are well acquainted with James Packard who has subscribed and sworn to the above declaration; that we believe him to be eighty three 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 to and subscribed, the day and year aforesaid.
Luther Sheldon Francis Goward Judge of Probate
Marcus Morton associate justice of the Supreme Judicial Court of the Commonwealth of Massachusetts
AND the said Judge doth hereby declare his opinion, after the investigation of the matter and after putting the interrogatories prescribed by the War Department, that the abovenamed applicant was a Revolutionary Soldier, and served as he states. And the Judge further certifies, that it appears to him that Luther Sheldon who has signed the preceding certificate is a clergyman residing in the town of Easton in said County of Bristol, and that Francis Goward who has also signed the same is a resident in said town, and is a credible person, and that their statement is entitled to credit. And the said Judge further certifies that said James Packard by reason of bodily infirmity Judge of Probate is unable to attend any Court to make said declaration
Marcus Morton associate justice of the Supreme Judicial Court of the Commonwealth of Massachusetts
COMMONWEALTH OF MASSACHUSETTS BRISTOL ss.
I James Sproat, clerk Register of the Court of Probate in and for said County do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of James Packard of Easton in said County, for a Pension.
In testimony whereof I have hereunto set my hand and seal of the said Court the day and year first above written.
Commonwealth of Massachusetts
Bristol ss.
I James Sproat, clerk of the Supreme Judicial Court for said County of Bristol , do hereby certify that Marcus Morton Esquire whose signature is affixed to the foregoing certificate, is an associate justice of said Supreme Judicial Court, duly qualified, and acting as such justice, within said County of Bristol, and that full faith & credit is due to his official acts & declarations.

5480 _____
Freelove Packard
Wd. of James 3,729 Packard
Mass.
Out 7 July 38
m 78. d 36
adm'd
10 mo. 5 ds pri
$ 33.89/100
Died 19 Sept. '36
Rev. com: 20 Sep. '36-
A. Bapett
Taunton
Mass

COMMONWEALTH OF MASSACHUSETTS.
On this thirteenth day of March — eighteen hundred and thirty one — personally appeared before
Oliver Prescott of New Bedford in the County of Bristol in the Commonwealth aforesaid Judge of the Court of Probate in and for said County —
Freelove Packard — — — — — a resident of Datton — in the county of Bristol aged Twenty Nine years, who being first duly sworn, according to law, doth on her oath, make the following declaration in order to obtain the benefit of the provisions made by the act of Congress, passed July 7, 1838, entitled "An Act granting half pay and pensions to certain widows:" That she is the widow of James Packard late of said Dutton dec'd who was a soldier in the War of the Revolution —
That she is not able at this time to state the particulars of the services of the said James Packard in the War of the Revolution, but must refer to the declaration and the evidence accompany- ing the same, of the said James Packard, for a pension, under the Act of June 1832, for such particulars — That said James Packard was a Pensioner under said Act and resided at said Dutton at the time he was such Pensioner and to the time of his death — and she is not aware that she has any other means of stating or proving his said services, other than by a reference aforesaid —

to his decease - That the said James was on the nineteenth day of
Certificate of Marriage
March the Seventeenth Seventeen hundred Seventy eight. Mr. James Packard and Miss. Fredlove Phillips both of Easton were married by me Archibald Campbell Pastor. Recorded by Matthew Hayward Town Clerk
I certify that the above is a true copy of the record of the marriage of James Packard & Fredlove Phillips with the exception of the date, which is expressed on the record in fair, legible figures as follows, viz., March 17 th 1778.
Clerk of the town of Easton
November 22 nd 1838.
Tisdale Harlow in the County of Bristol & Commonwealth of Massachusetts
I Tisdale Harlow above named, depose and say: That I hold the office of Clerk of the town of Easton above mentioned and that the above is a true extract from the records of said town, with the exception above named as certified by me. Tisdale Harlow Clerk as aforesaid.
Commonwealth of Massachusetts
Bristol ss. Easton November 22 nd 1838. Then personally appeared the above named Tisdale Harlow the present town Clerk of Easton and made oath that the above certificate by him subscribed is a true copy as above stated from the town records in his possession.
Before me Joshua Britton } Justice of the Peace

Mass
Commonwealth of Massachusetts With R. C. Dinslow Barked Register of the Court of Probate in For said County do hereby certify that Johnathan whose signature is affixed to the forego- ing certificate is a Justice of the Peace in For said County
In testimony whereof I have hereunto set my hand and the seal of said Court this twenty fifth day of March Eighteen Hun- dred and thirty nine -
J. Basset

I Lewis Williams of Boston in the County of Bristol and Commonwealth of Mass- achusetts aged fifty three years do testify here that I was acquainted with James Packard late of said Boston deceased for upward of twenty years next previous to his decease - That the said James Packard died on the nineteenth day of September Eighteen hundred & thirty six leaving a widow viz. Freelove Packard who is still living & that the said Freelove Packard has never been married since the decease of her husband the said James Packard
_____ Lewis Williams
Commonwealth of Massachusetts Bristol ss. March 13. 1838 Lewis Williams a credible witness made oath to the truth of the above affidavit by him signed - Before me Oliver Prescott Judge of Probate

She further declares that she was married to the said James Packard — on the seventeenth — day of March — in the year seventeen hundred and seventy eight , by the Rev. Asahel Campbell that her said husband, the aforesaid James Packard — died on the day of  nineteenth day of September  eighteen hundred and thirty six —
that she was not married to him as she believes prior to his leaving the service, but the marriage took place previous to the first of January, seventeen hundred and ninety four, viz: at the time above stated.
Witness Loon Williams  Frelove  her Packard mark
Sworn to and subscribed, the day and year above written.
Before Oliver Prescott
I Oliver Prescott Judge of the Court of Probate in & for the county of Bristol in the Commonwealth of Massachusetts
do certify that Frelove Packard — the above named applicant for a pension, cannot by reason of bodily infirmity, attend the court. Oliver Prescott
COMMONWEALTH OF MASSACHUSETTS.
Bristol ss. I, Anselm Bassett, Register of the Court of Probate in and for said County, do hereby certify that the Hon. Oliver Prescott is the Judge of said Court, which Court is a Court of record, and that the signature annexed to the above certificate, are his  her genuine signature .
In Testimony Whereof, I have hereunto set my hand and affixed the seal of said Court, this twenty eighth day of March eighteen hundred and thirty nine  A. Bassett

Rev WIDOW, &c.
File No. 13797
Freeborn Packard Widow of James Packard Priv. Mass. Line
Act: July 7 th 1838
Index:—Vol. M , Page 112
[Arrangement of 1870.]

Commonwealth of Massachusetts Bristol ss. I Anselm Barrett Register of the Court of Probate within for said County of Bristol do hereby certify that Cornwall Barnard is a Justice of the Peace for said County and that the signature to the within certificate purporting to be his, is his genuine signature - In testimony whereof I have hereunto set my hand and affixed the seal of said Court this twenty fifth day of December eighteen hundred thirty three A. Barrett

I Francis Luscumbe of Farmton in the County of Bristol & Commonwealth of Massachusetts being ninety one years of age, do hereby testify & say, that I have long been acquainted with James Packard now of Boston in the aforesaid County & State, and that he the said Packard served as a private soldier in the army of the American Revolution in a company of or Pownal Troops Infantry of which I was captain said Packard enlisted & marched on the first day of May 1775 for the vicinity of Boston, we were stationed in Roxbury and Dorchester, and he the said Packard continued to serve in my company as aforesaid, until the last day of December 1775 being eight months, at which time, this campaign closed. Matthew Randall was my Lieutenant & Seth Pratt ensign in said company. We were placed in Col. Timothy Walker's Regiment. Nathl. Leonard was Lieutenant Colonel, and Abiel Mitchell of Boston was our Major at this campaign.
Dated at Farmton December 5 th 1833.
Francis Luscumbe
Bristol County ss
Commonwealth of Massachusetts
Before me one of the Justices of the Peace within and for the County of Bristol, personally appeared Francis Luscumbe subscriber to the above affidavit and made oath that the same is true in all its parts. In testimony whereof I have hereunto subscribed my name and quality this 5 th day of December A D 1833.
Colonel Leonard Justice Peace
* Bristol ss February 12 th 1834 I hereby certify that Francis Luscumbe subscriber to the above affidavit is a credible witness. Colonel Leonard Justice Peace

July 6
22
Genl. Pac. Road
Map 7th
J. L. Edwards Esq.
Commissioner of Pensions
Washington - D.C.

Taunton Mass. July 3. 1837
J. L. Edwards Esq.
Sir,
Freelove Packard Widow of James Packard late of Easton in the County of Bristol and Commonwealth of Massachusetts, deceased who was a Pensioner under the Act of Congress of June 7. 1832, says, that her late husband rec d his pension up to March 4. 1835 and that his pension is due from that time to his death which took place Sept. 19. 1836 —
If the inclosed documents are sufficient to entitle her to the amount of Pension due, you are requested to direct that the same be paid on the production of the inclosed, together with the original Pension Certificate —
Your answer may be forwarded to me at this place — Very Respectfully Your obed Servt A. Barrett
4 Sept. 1855.

2245 Samuel Packard of Easton Bristol Co.
Ob. J. Adm. 10 m 5 days pri bap Luscombe, colo. Walkers Rig o
A Bapett Esq r Taunton Mass

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 subjained notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will shew what is necessary to be done. These points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus: { ). You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your claim.
A Statement, shewing the Service of
   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,
JAMES 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
The Witness proving the 8 months Service is not certified by the Magistrate as being credible as is by the Regulations - See obj

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.
[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.
scribed action j marked C  2-