Revolutionary War Pension and Bounty Land Warrant Application File S. 14044, for Elias Nye, Massachusetts

SERVICE
NUMBER
Mass
Nye Elias
S14044
buried
CONTENTS

Genl. & Hon. H. C. Allen
January 18, 1838.
Sir B. Nye Feb'y 29/56 Mr
Vermont — 28.144
Elias Nye
of Burlington, in the State of Vermont who was a pri. & bomb. in the ————— commanded by Captain ————— of the Reg't. commanded by Col. Brown in the Mass'ts. line for 8 mos. pri.
7 mos. 4 dys bombadier
Increase from $26: 66 / 100
Inscribed on the Roll of Vermont. (Pens) at the rate of 58 Dollars 76 Cents per annum to commence on the 14th day of March, 1831.
Certificate of Pension issued the 20 th day of Octo- ber, 1837. and sent to Phinehas Lyman, Burlington, Vermont.
Arrears to the 14th of Sept. 1837 $382:14 Semi-ant. allowance ending 4. M. '38, 29:38
$411:52
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by S. A. Elliot Clerk. Book Q2 Vol. 3. Page 89.

Revolutionary Claims.
STATE OF VERMONT, } Chittenden County, ss. }
On this 30 seventeen day of September August A. D. 1832, personally appeared in open Court, before the Honorable County Court for the County of Chittenden, now sitting, Elias Nye a resident of Burlington in the County of Chittenden and State of Vermont, aged Eighty — 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.
I enlisted into the eight months service in April 1775, into Captain Greys Company in Col Dewees Regiment of Massachusetts Troops, and served out the full period of my enlistment, and was dis- charged at Boston.
In the month of April or May 1776 I enlisted for twelve months as a Sergeant into Captain Jonathan Eder Company of Artillery in Col Crofts Regt of Massachusetts Troops, — I served out the full term of my enlistment and was discharged at Boston.
In the summer of 1777 I was appointed a Lieutenant in Captain Winslows Company in Col Thomas Marshalls Regiment, and was stationed on the recruiting service, — I continued in this service over two years when owing to the severe indisposition of my Father I left the service having resigned my Commission.
During my first eight months service I was in Bunker Hill battle, I recollect Gen Putnam was frequently with us.
During my twelve months service in 177 6 we took a British Ship in Boston Harbour laden with Provision and Ammunition, and on board of which was a Regiment or part of a Regiment of Highlanders but the name of the Vessel I do not recollect.
While I was a Lieutenant and on the

waiting service I obtained recruits wherever they could be found and forwarded them to Boston.
I do not recollect that in my first service that I received a discharge.
I do not recollect who signed my commission when I gave it up I think I delivered it over to Captain Morrison, but can state nothing further on this head more than above. At first — I was born in Plympton Mass March 25. 1752 old style. — The Record of my age is on the town books of that town — When I entered the service I lived in Plympton since the Revolution I have lived in Boston but for the last twenty years years I have lived in Burlington where I now reside. — I claim a Pension as a Lieutenant — It is not in my power to prove any further documentary proof than the disposition of Jonathan Plumbly which is here attached.
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 to and Subscribed } the day and year aforesaid, }
Before
Elias Nye Nathan Mearnsell 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 certify, that it appears to them, that Elijah Pease is a Blind person and the Hon. Simon D. Smith Hallett
who have signed the annexed certificate and who are residents of the town of Burlington are credible persons and that their statement is entitled to credit.
Attest
Ed. Brainerd } Judges of John Lamb } Chittenden County Court.
STATE OF VERMONT, } Chittenden County, ss. }
I Nathan Mearnsell Clerk of Chittenden County Court, do hereby certify, that the foregoing contains the original proceedings of the said Court in the matter of the application of Elias
Nye — for a Pension.
In testimony whereof I have hereunto set my hand and seal of office, this first day of September
A. D. 1832.
Nathan Mearnsell

Commonwealth of Massachusetts.
Secretary's Office, Boston, January 8 th 1855.
I Hereby Certify , That from an examination of the Books and Documents relating to Military Services in the War of the Revolution, which remain in this Department, it appears that the name of Elias Nye is borne on return of Capt. Isaac Gray's Comp. Col. Jonathan Brewer's Regt. 8 mos. Service, Name borne on Coat Roll dated Oct. 26. 1775 as private from Plympton. Also on abstract of the Non Commissioned Officers and privates in a Company Commanded by Capt. Jonathan W. Edes in Col. Crafts Battalion. Roll not dated. Wages £ 3. 4. 10. with the said Nye's signature for receipt of said wages. On the back, endorsed "Capt. Jonathan Edes Roll, Lt. Col. Thomas Crafts Regt. 1775 to 1776." as Bombardier, from Plympton. Also on roll of Capt. Jonathan Edes Comp. Col. Thomas Crafts Battalion, from May 26. to Nov. 1. 1776. as Bombardier.

And I further Certify, That, before search made for evidence of said facts, the application hereto annexed was filed in this Office, in the form in which the same now appears; that the search was made by myself and my clerks alone; and that said application, and the certificate above set forth, contain all the facts and circumstances within my knowledge, pertaining to the case.
In Testimony Whereof, I have hereunto affixed the Seal of the Commonwealth, the date above written.
E. M. Wright
Secretary of the Commonwealth.

Champlain Clinton Co
New York Jan'y 5. 1855
The Hon e Secretary of the State of Mass Is requested to furnish evidence of the Service of Elias Nye, who served in the Army of the Revolution, as a private in the "Continental Line" as I believe, and as I have heard him say he was appointed an Ensign. I don't know that he received his Commission, he resided at that time in the County of Plymouth Town of Caron or Hingham I believe.
I am the Son of the said Elias Nye deceased, I am the Fifty Five years of age Bartlett Nye
Subscribed & sworn before me M c Van Dervort Justice Peace
PS Enclosed is one dollar required to pay Clerk fees as I am informed B.N.

War Department Pension Office February 18, 1834
Sir
The only service of Elisha Nye which is in the slightest degree supported by direct proof is the 8 months service in Brewers Regiment in 1775. If he served in Crafts Regiment of Artillery in 1776 as Sergeant, his rank and the term of his service may be shown by the rolls in the Office of the Secretary of the State of Massachusetts where the rolls of Ede's company are complete. The service in Grays Company in Brewers Regiment in 1775 may probably be verified by the rolls in that Office. As to his claim to have been a Lieutenant in Marshalls Regiment from the Summer of 1777 more than two years, the rolls of that regiment being in this Office in a complete State, and his name not borne thereon it is obvious there must be some mistake about his service. Unless further light can be thrown upon this statement he cannot be admitted to have been even a Private in that regiment. The Papers are placed on file, awaiting the evidence before referred to.
I have the honor to be Your obe. Servant J. L. Edwards
Hon. H. Allen House of Representatives

Hon H Allen H.R.
Hon J. L. Edmond P.M. Com.
Hon H Allen
26
26.66
8m
Unpaid
Eliza May

March 11. 1834
J. L. Edcoch Esq
Sir! In regard to Elias Nye's pension papers. I have communicated to him your letter of March 1st that there was proof of no more than eight months service. He is very old & does not now know how to obtain his testimony of the additional service. He requests that he may have a certificate for the eight months - depending on further testimony to obtain - additional service. My intention is his eight months you could see for a favor & if so inform him a certificate. Yours
Heller
Elias Nye, Washington, Cumberland County, Pa. 6 Chestnut St

Elias Wye
8452.
Hon. Herman Allen

We the undersigned Inhabitants of Burlington do hereby certify that we are well acquainted with Elias Nye who has subscribed and sworn to the annexed declaration, that we believe him to be Eighty years of age, that he is respected and beloved in the neighborhood where he resides to have been an Officer and Soldier of the Revolution and that we concur in that opinion.
Sworn and subscribed this 3 D day of September AD 1832.
Deputy
Nathan Williams Clerk
Tim: Follen Elijah Crane

The bridge will please advise Mr. Simmons relative to cost line.

Champlain 18 th Feb 1836.
Hon Geo A Simmons,
Washington D.C.
Dear Sir.
I take the liberty of inclosing to you evidence of the services of my Father in the Army of American Revolution. He rec d . a small pension, but always said it was not all he was entitled to. He had not this evidence & could not make out his claim. My object in troubling you is to ascertain at the Pension Office (if you can make it convenient) whether he was entitled to any larger pension than he rec d , and if so how much.
Was he entitled to Land? and if either what steps are necessary. Your attention

to the above. when perfectly convenient. will confer a favor on one of your constituents
Respectfully Yours.
Bartlett Nye
Hon George A Simmons, Washington

75. 8m. Capray 76 12. Sep 4 Ed. Craft Ab 77 24 Sept. Bd Marshall Reg.
May 26 to Aug 16 Bomb have app. before
Vol 38 May, all p 221

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Vermont - N o 28.149
- Elias Nye -
of Burlington in the State of Vermont who was a private in the Comp y commanded by Captain Grays of the Reg t commanded by Col l Brown in the Mass. Troops line for 8 months
Inscribed on the Roll of Vermont at the rate of 26 Dollars 66 Cents per annum, to commence on the 4th day of March, 1834.
Certificate of Pension issued the 21 st day of March 1834. and Hon. H. Allen
Arrears to the 4th of Mar. 1834 - 79.98 Pension allowance ending 4 th S t " - 13.33 $ 93.31
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by R. Burdine Clerk, Book E. Vol. 3. Page 80
See letter Hon. Haller 19 Dec 1834 Lt. Hon. H. Allen. Secy. 27. 1837.

Payments to be made at Burlington by the Gen. Bk. of Burlington Agent for paying Pension- ers, in the Agency of Vermont
Issue new Certificate 8 mo pri- Mar 489 Bombardier
Recorded in the Pension Of- fice, in Book E: Vol. 3.
Page 80 by
Phineas Lyman R. Burdin Clerk. Burlington Vt

WAR DEPARTMENT.
REVOLUTIONARY CLAIM.
I certify that, in conformity with the law of the United States of the 7th June, 1832, Elias Nye — of the State of Vermont — who was a private during the Revolutionary War —
is entitled to receive thirty six dollars and sixty six cents per annum, during his natural life, commencing on the 4th of March, 1831, and payable semi-annually on the 4th of March, and 4th of September in every year.
Given at the War Office of the United States, this twenty first day of March one thousand eight hundred and thirty- four .
John B. M c Leod Secretary of War.
Examined and } Countersigned. }
J. S. Edwards Commissioner of Pensions.
31 Mar 1837

Chas Nye.

BRIEF objections to the admission of Pension Claims , of which those answered in the negative, in red ink, will apply to the claim of Elias Myle of Burlington Vermont which require further proof or explanation.
I. Does the declaration show where the applicant resides? yes II. Did the declarant make the declaration in the county where he resides? yes III. If the applicant did not make the declaration in the county where he resides, is there any reason assigned for his not doing so? IV. Has the declarant mentioned the period or periods of the war when he served? yes V. * Has he mentioned 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? yes VI. Has he given the names of the officers under whom he served, in conformity with the regulations? yes VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832? yes VIII. Has the Court given their opinion? yes IX. Has the Clerk given his certificate? yes X. Is the Clerk's seal affixed? And if so, has it a device or inscription by which it can be distinguished from any other seal? yes

XI. Has the applicant obtained the evidence of a clergyman and another respectable citizen as to their belief respecting his age and the general belief in his neighborhood relative to his revolutionary service? No  the clergyman  there is no
XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it? No  no
XIII. If the applicant has no documentary evidence, and has not obtained the testimony of at least one living witness, has he stated in his declaration that such proof cannot be had?
XIV. †If the applicant's name is not found on the rolls of military service, has he produced a witness or witnesses as to his service? no  no - See quere 14 - X
If he has produced direct proof as to service, has the magistrate who administered the oath, certified to the credibility of the witness or witnesses?
Has the proper officer certified to the official character and signature of the magistrate as the regulations direct? yes
XV. Does it appear from any of the papers that the witness was in such a situation, or of such an age, as to have a personal knowledge of the applicant's service? yes
XVI. ‡Are the papers authenticated as the regulations direct? yes  No See quere 16
XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered?
EXPLANATORY NOTES.
QUERE V. 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.
* Service must be proved in Marshals Reg. The absence of his commission accounted for. Applicant is not on the rolls in the Department.

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 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 shewn 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.
†QUERE XIV. Proof of Service.
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 claimants 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.
†QUERE XVI. 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 paper 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.
In every case where the clerk of the court, or other certifying officer, 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.

Mr dove seems me a persistent mistle y or
Mr dove named y their standing
He left in a quick He been - I don't Regrettable.
Brave is a clergyman H. Allen

Reuben
14044 INVALID.
File No. 14. 044
Elias Noye
Prin Rev War
Act: June 7 th 1832
Index:—Vol. 1 , Page 278
[Arrangement of 1870.]

Elisha Wye
Shepherd
V
J. L. Smith Esq.
E. D. B.

These papers have been sent to me requesting I should place them again before the Com of Pensions.
The objection it appears is to the third item of service - two years as Lieut. for costs whether by the evidence given wished that term can be accounted to him as a parent. My 100 with it as considered - But of that when it flung out is there an objection to the first item - 8 months as a parent & the second - 12 months as subject.
He is entitled from his policy to allowance for any portion of his service I sincerely hope it may be allowed him - He is now nearly 82 years old, & must be much in need. The attention of the Department to this petition will confer a favor upon you Oth Such Herman Celler
July 10. 194
Hon. Mr. Edwards.

STATE OF VERMONT, Chittenden County, ss.
I Nathan Mearns Clerk of Chittenden County Court, do hereby certify that, David Root Esqr. before whom the annexed Deposition is taken, was at the time thereof, a Justice of the Peace, duly qualified, acting under the authority of this State, and that I believe his name thereto subscribed, to be his own proper signature.
In testimony whereof, I have hereunto set my hand and affixed the seal of said Court, at Burlington, this 3 rd day of September A. D. 1832
Nathan Mearns

State of Vermont Chittenden County, ss.
I Jonathan Plumbly of Milton in the county of Chittenden and State of Vermont being duly sworn, depose and say that in the month of April or May 1775, I entered the service of the United States, for eight months in Captain Grays Company in Col. Bowers Regiment of Massachusetts troops and continued in said service during the eight months, — that I was then and am now personally acquainted with Elias Nye, who lives in Mansfield, in said Chittenden County — that at the time I joined as aforesaid, the said Nye, belonged to the same Company, and to my knowledge, was enlisted as an eight months man and served out his time — I further testify and say that in the year 1777, I know the said Nye was acting as a Lieutenant in Col. Winslows Company in Col. Marshalls Regiment of the Massachusetts line and I understood from him that he had engaged for three years, or during the war. I saw the said Nye, during this service at West Point, — and also saw him acting as a Recruiting officer, and am confident that he must have served as a Lieutenant or over two years.
Ensign
Jonathan Plumbly
Sworn and subscribed this 20th day of August, A.D. 9th 1832, and I hereby certify that the above deponent is a credible witness. Before me.
Daniel Root Jr. Justice of the Peace

2nd. Curtis position on Dian Nyer basin
H All

I Lutherah Curtis of Charlotte in the County of Chittenden being duly sworn say that I am now either seventy two or seventy seven years of age, but on account of having lost the record, am unable to give my exact age, — I served in the Revolutionary war, and now receive a Pension under the Act of March 18 1818. of sixty six dollars a year, — while in the service I belonged to Col Marshalls Regiment of Massachusetts Troops, — I also served in Col Tupper's Regt, and in Col Knapp's of the Mass. Troops, — I further say that I am well acquainted with Eldas Nye, who now lives in Burlington, — I am confident that while I was in Marshalls Regiment that I frequently saw the said Eldas Nye who was a recruiting Lieutenant and attached to said Regiment, — the said Nye, was engaged in bringing in recruits — and I should confidently believe, he was engaged in said service over a year.
Lutherah Curtis
Sworn and subscribed this 14th day of April A.D. 1834, and I hereby certify that the said Curtis is a credible witness
Deputy
Notary Public

Oct 17
Cinc William Lloyd Oct 17 28149
FREE
J. L. Canards Esq. Agent of Pensioners Washington

Dear Sir
Burlington Oct 12 th 1837-
In the absence of Mr. Weston who is attending our Legislature I enclose to you Elias Dyer's certificate of his pension. Mr. Dyer requests that you will send to me a new one including twelve months more agreeable to your letter of the 28 th day of September 1837, which letter I have before me said letter was addressed to the Hon. Abner Dellenbrow at Washington.
I am for respectfully yours Phineas Lyman I am in the office of Mr. Weston and doing business for him in his absence

2 cal. units deposition
Mr H. Allen HR
10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10

State of Vermont Chittenden County } }
I, Zachariah Curtis of Charlotte in the County of Chittenden and State of Vermont aged Seventy Six years and ten months - do depose testify and say - that during the Revolutionary War I was a soldier in the Continental Army, in the Massachusetts line - in Col. Marshall's regiment, in the service of the United States - I enlisted into Col. Marshall's regiment for the term of during the war - and served to the close of the war. I had previously enlisted for short periods - In the year 1780 - after the death of Genl. Poor, I was detached (with others) to Genl. La Fayette's command. I enlisted for during the war at West Point New York - into Col. Marshall's regiment aforesaid - and there became acquainted with Elias Nye now of Burlington in the County of Chittenden aforesaid. At that time he served as a recruiting officer in Col. Marshall's regiment and ranked as Lieutenant. He was absent most of the time from camp, recruiting troops for the regiment to which he belonged (Col. Marshall's) and I will remember of recruits coming in at different times who were called "Lieut. Nye's recruits". I have no knowledge of any other officer having recruited troops for Col. Marshall's regiment. and A short time before I was transferred to Genl. La Fayette's command I was transferred to Col. Tupper's regiment from Col. Marshall's - When I enlisted into Col. Marshall's regiment the said Elias Nye belonged to that regiment as above stated - and he was from that time a recruiting officer in that regiment during all the time I remained in Col. Marshall's regiment, and as I cannot remember the time precisely that I continued in Marshall's regiment, I would refer to the rolls of

that regiment, which I suppose, to be in the pension office at Washington to show the period of my enlistment, and the duration of my service there - and also to the rolls of Col. Tappers regiment, which will probably show the date of my transfer to that regiment. At the close of the war I was discharged from Col Knapp's regiment, and further the disponent saith not. Zachariah Lester
Sworn to and subscribed this 18 th day of August A. D. 1837 - before me, and I certify that I am personally acquainted with Zachariah Curtis - the deponent, and that he is a credible witness - Wm Weston Justice Peace
State of Vermont District of Chittenden } ss
I, William Weston - Register of the Probate Court within and for the District of Chittenden, and State of Vermont, do hereby certify that William Weston - before whom the above deposition was sworn to - is a justice of the Peace within and for the County of Chittenden duly commissioned, and that the sig- nature thereto purporting to be his - is genuine.
In testimony whereof I do hereunto affix the Seal of said Court and sub- scribe my name at Burlington in said district this 18 th day of August A D 1837 and I also certify that the words "now" and "any" were interlined and the word "and" erased, in the deposition before signing by the witness, Stephen Weston Register