Revolutionary War Pension and Bounty Land Warrant Application File S. 23,339, for Martin Nichols, Rhode Island

SERVICE
NUMBER
R.J.
Nichols Martin
S 23,339
CONTENTS

Utica 24. 13
Martin Nichols of Canada Co in the State of New York who was a private in the Company by Captain West of the Regt by Col. Topham in the R. S. H. line for 24 mo.
Inscribed on the Roll of Utica at the rate of 80 Dollars 00 Cents per mo to commence on the 14th day of March, 1834.
Certificate of Pension issued the 25 day of July 1834 and South Hon. J. Beardsley H Rep
Arrears to the 14th of Sept 1833 - $200. Pension allowance ending March 36 - 40. $240.
Revolutionary Claims Act June 7, 1832
Recorded by W. L. Williams Clerk Book Vol. 4 Page 4

Martin Luther's amendment or explanation of his Declaration
abund 24 mo - fri 80  80

State of New York Onondaga County
On the second day of January in the year 1833 Personally appeared in open Court before The Hon. Nathan Williams Esq. Vice Chancellor of The Fifth Circuit now sitting in the City of Utica County of Onondaga and State of New York Martin Nichols a resident of the town of Pines County and State afore said aged sixty eight years who first being duly sworn according to law doth of his oath make the following declaration in order to obtain the be- -nefit of an act of Congress passed the seventh day of June 1832. This deponent declares and says that he was born in the town of East Greenwich and Kent County State of Rhode Island on the 29- day of September 1744. This deponent further declares that according to his best recollection he entered the service in the Revolutionary war July 1778 by voluntary enlistment as a soldier or private into Capt. Michael Spencers Company of state troops for nine months Capt. Spencer and this deponent both residing in the town of East Greenwich Rhode Island when he this deponent enlisted and marched with Capt. Spencers Company to Swerstown Bristol County Mass. and there the Company joined Col. Sopkins Regiment which was stationed at Sver- -town on the east side of the Channel or river leading to Providence to guard that place while the British troops lay on Rhode Island this deponent declares that he continued in Capt. Spencers Com- pany and did duty nearly every day and was fre- quently called out on fatigue & Brigadier Cornwall having the command of the American troops at that place and a part of the Brigade was stationed on the east side of the Channel chiefly in Bristol County and at the expiration of nine months this deponent says that he was discharged by Capt. Spencer in March 1780 the whole Regiment being discharged at the same time by an order from Brigadier Genl. Cornwall, and this deponent returned home to Greenwich having served nine months This deponent further declares that he again enter- -ed the service in the revolutionary war by
g...th 2

9 mths
a private the first
voluntary enlistment, on April 1780 into Capt Wests Company of Rhode Island State Troops for nine months this deponent then residing in east Greenwich and this deponent further declares that he marched from east Greenwich with Capt Wests Company to Swanton Bristol County Mass and found the Company joined Col Tappins Regiment and Brigadier Genl Cornwallis Brigade this deponent further declares that Col Tappins Regiment was stationed at that place viz Swanton there being a Fort at that place and several pieces of Cannon at this Fort this deponent further declares that he was on duty daily and continued in the service in Capt Wests Company during the nine months for which he enlisted and was discharged - ed in December 1780 by Capt West this deponent further declares that in the latter part of June or the first of July in the year 1781 and this deponent cannot recollect which he again enlisted a Private in the Revolutionary War for six months this deponent says he was enlisted by Mich- -iel Whitmarsh who was a recruiting officer at that time and immediately joined Holdens Company this deponent then residing in east Green- -wich Rhode Island and marched to Newport Island and joined Col Tappins Regiment and Brigadier Genl Cornwallis Brigade, Genl Cornwallis & Col Tappin were of the state line and this deponent further declares that at the time he enlisted he received of Michiel Whitmarsh the recruiting officer fifty Dollars bounty this deponent further declares that he enlisted at this time with an expectation of marching to the South and joining Genl Washingtons Continental Army this deponent further says that Capt Holdens Com- -pany remained on Newport Island and this deponent did duty in said Company, expecting orders every day to march to the South this deponent further declares that on the forepart of October 1781 there was orders received for Col Tappins Regiment to march, the troops left the Island by water and landed at east Greenwich Wharf and then marched with the ex- pectation of joining Genl Washingtons Army when the Regiment arrived at Napachauge Bridge Col
9 mths
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-
-
-

Soppon received counter orders and returned back to Newport Island with his Regiment This deponent further says that he understood the reason of the regiment returning was owing to the surrender of Lord Cornwallis and his Army, Col Soppon's Regiment was not wanted This deponent further declares that while he was on Newport Island the American troops were stationed on the south part of the Island a short distance from the British troops which were then on the Island, Genl Cornwallis and Spencer were then on the Island This deponent says that the American troops moved from the south part of the Island to the north part and encamped on a hill about two miles distance from the British This deponent further declares that he was in the action that was fought on the Island the American troops were then under the command of Genl Sullivan, of the Continental line which lasted the greatest part of the day This deponent further declares that after the action of the day was over sentries were set and every preparation was made to retreat and during the night all the American troops retreated off the Island the night after the action took place called Givertown where he continued with Col Soppon's Regiment in the service until discharged by Capt Holden in Decr
Decr 1781 (6 months)
and returned home to East Greenwich having served six months at this enlistment This deponent further says that soon after his return home he engaged on board a Brig bound to the west Indies while the Brig lay at New port she with the hands on board was taken by the Refugees and while going down Long Island sound was retaken by the American Frigate Reliance soon after this deponent says he shipped on board the Privateer Sloop Randolph bound off New London This deponent further declares that he never received any written discharge at any time during the revolutionary war This deponent further declares that he has not any record of his age and has not

seen any person for a number of years and do not know of any one now living who was in the service with him. This deponent further declares that he served and did duty regularly in the Revolutionary war at the several times he enlisted two years as will appear by the foregoing declaration. This deponent further says that he resided in East Greenwich about four years after the war  Revolutionary , then went to  to Pawtucket Rhode Island where he resided six months then moved to Waltham Middlesex County Mass where he resided about three years then moved to Milford Hampshire County Mass where he resided twelve years from thence he removed to the town of Pons Onondaga County New York where he resided since. This deponent declares that as a private and did duty regularly in the Revolutionary war in the service of the Brig. Sloop Randolph. Further declare that I relinquish every right to any annuity excepting the pension and declare that my name is not on the pension roll of any state.
Subscribed & sworn to the 22nd day of January 1833.
Martin Nichols
before me J. Williams Vice Chair.
We Tertius D Southworth a clergyman of the Town of Paris and Gilmer Robbins of the same town declare that we are well acquainted with the said Martin Nichols who made oath to and subscribed to the foregoing declaration that we believe him to be sixty eight years of age that it is believed in the neighborhood where he the said Martin Nichols resides that he was a revolutionary soldier and served in the Revolutionary war and we concur in that opinion.
Subscribed & sworn to the 22nd day of January 1833.
Tertius D. Southworth Gilmer Robbins

before me WILLIAM Vice Chancellor.
And the 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 him that Jeremiah Southworth who has signed the preceding certificate is a clergyman resident of the town of Paris and that Gillman Robbins who has also signed the same is a resident of the same town and is a credible person and that their statement is entitled credit.
WILLIAM Vice Chancellor.
I James Watson Williams , Clerk of the Court of Chancery of the State of New York for the Fifth Circuit of said State, do hereby certify that the foregoing contains the original proceedings of said Court in the matter of the application of Charles Nichols for a pension. Whereof I have hereunto set my hand and seal of Office this second day of January A.D. 1832.
J. Watson Williams Clerk in Chancery Fifth Circuit N.Y.

State of New York
Onondaga County ss
An amendment to or an Addite - on and explanation of Martin Nichols declaration as sent to the Secretary of War and returned for further explanation Martin Nichols of the Town of Parris County and State of New York who first being duly sworn according to Law de poses and saith that he was born in East Greenwich Kent County State of Rhode Island that his father died when he was young and this deponent further saith that he was bound out an indentured apprentice to Christopher Vaughan then residing in East Greenwich to serve till he was twenty one years of age this deponent further declares that he fre- quently thought himself not well used and this de- ponent saith that near the middle of July 1879 this depo- - nent in company with William Tabor went in company to East Greenwich village where Capt Michael Spencer was enlisting soldiers for the State service and this deponent further declares that near the middle of July 1879 as this deponent verily believes that to be the time he enlisted into Capt Michael Spencer's Company of Rhode Island State troops for nine months (the said Tabor enlisted at the same time this deponent did) This depo- nent further declares that he enlisted into Capt Spencer's Company as aforesaid without the knowledge or consent of Christopher Vaughan his master. this deponent further declares that immediately after he enlisted Sergeant Loving Dinks went to Christopher Vaughan with this deponent to get this deponent's clothes since Vaughan was very angry and re- fused to let this deponent have his clothes but after some conversation between said Vaughan and the Sergeant said Vaughan gave this deponent up his clothes and he joined Capt Spencer's Company and much as stated in the former declaration and this deponent further declares - lores that he was then at the time of his first enlistment in his seventeenth year or was seventeen years of age on the 29 day of September following his first enlistment This de- ponent further declares that he cannot be mistaken as to his age when he enlisted first into the service for Vaughan would not have allowed him this deponent to have enlisted if he would have prevented him this deponent further declares that owing to his forgetfulness that he made a mistake as to his age and year he was born in his former or first declaration by him made and that the mistake was not an intentional one but owing to forgetfulness and the many information which are incident to old age and this deponent further declares that he is fully con- vinced of the mistake after conversing with his wife on the subject of her age and that of his own This deponent further declares that he never had any record of his own age but from many circum- - stances relating to his past life the age he was of when he first en- - listed his age when married and his wife's age at this deponent further saith that according to his best knowledge and belief that he was seventy one years of age both the 29th of last September 1879 this deponent further declares that he made his first declaration from home without having any minutes as to the year he was born his age he must have made a mistake in the statement or it might have been taken down wrong when the declaration

was made this deponent further declares that according to his best knowledge and belief his first declaration is correct and true excepting the year he was born & his age which was seventy one in September 1832 & born A.D. 1761 & further this deponent saith not Subscribed & sworn the 16th day of July 1833 before me Jonathan Richardson Justice of Peace Martin Nichols
State of New York Onondaga County } Gardner Avery of the Town of Paris County and State aforesaid who first being duly sworn according to Law deponeth and saith that he has been acquainted with Martin Nichols of the Town of Paris County State aforesaid for more than fifteen years past viz when the said Martin lived in the Town of Munson Herkimer County N.Y. and more particularly for five or six years past since the said Martin came into the Town of Paris to reside the said Martin has resided about one mile distance from this deponents five or more years past and so far as this deponent acquaintance extended with the said Martin he alsw knows and ever has considered a good character and this deponent believes the said Martin to be a credible person on whom full credit should be placed full confidence and this deponent saith he supposes the said Martin is about seventy two years of age and further this deponent saith not Subscribed & sworn the 16th day of July 1833 before me Jonathan Richardson Justice of Peace G. Avery
State of New York } Onondaga County } I do hereby certify that I am well acquainted with Gardner Avery who subscribed and made oath to the foregoing affidavit he is a credible person. I am also well acquainted with Abraham Sage who subscribed and made oath to the following affidavit he is a credible person and full credit may be given to the affidavit of Gardner Avery & Abraham Sage July the 16-1833 Jonathan Richardson Justice of Peace

State of New York
Onondaga County
Personally appeared Abraham Sage who first being duly sworn according to law deposeth and saith that he resides in the Town of Pons Onondaga County State aforesaid and has resided in said Town for more than ten years past this deponent further saith that he has been acquainted with Martin Nichols of the Town of Pons for more than five years past and has lived that time in the same neighbourhood and near neighbour to the said Martin Nichols this deponent further saith that he has frequently conversed with the said Martin Nichols on the subject of the Revolutionary war and the said Martin has often times related to this deponent his services and different times of his enlistments in and during the Revolutionary war that he served in several campaigns and this deponent further saith that from the appearance of the age of the said Martin Nichols and the conversation this deponent has had with the said Martin on the subject of the Revolutionary war he has not the least reason to doubt but that the said Martin was in the service during the revolutionary several times and this deponent further saith that the said Martin Nichols is reputed to be and this deponent verily believes him to be a person of truth and veracity and is a credible person and should place full confidence in his word this deponent saith he is seventy nine years of age and further this deponent saith not.
Subscribed and sworn
this 10th day June 1833
before me Jonathan Richardson J. Dyer
Abraham Sage
Onondaga County
Personally appeared Deloverance Nichols who first being duly sworn according to law deposeth and saith that she is the wife of Martin Nichols of the Town of Pons Onondaga County this deponent further saith that according to her best knowledge and belief she is nearly sixty five years of age that she has been married to said Nichols forty six years and was more than fifty three years old when she married according to her best knowledge and belief this deponent further saith that she was acquainted with her husband a number of years before she married to him and knew him well when he was an apprentice to Christopher of Vaughn who resided in East Greenwich Kent County Rhode Island and a short distance from this deponent's father this deponent further saith that her husband Martin Nichols boarded at her father's after he was in the service of the Revolutionary war and followed the flag and was mate of a vessel before she married to him this deponent further saith that at the time she married her husband husband Martin Nichols she knew his age and verily believes that the said Martin Nichols her said husband was seven years older than herself as she had been acquainted with her said husband before his enlistment in to the service in the Revolutionary and further this deponent saith not.
Subscribed and
sworn this 16th day of July
1833 before me
Jonathan Richardson J. Dyer
Deloverance Nichols

State of New York
Onondaga County ss
Personally appeared Sarah W. Hale who first being duly sworn according to law deposeth and saith that when at home she resided in the Town of Munson Herkimer County State of Massachusetts where she has resided more than eleven years past and this deponent further saith that she was well acquainted with Martin Nichols who now resides in Paris County and State aforesaid that she knew him well and was well acquainted with his family when the said Martin and his family resided in the Town of Munson before they removed to the Town of Paris Onondaga County. This deponent further saith that the said Martin kept a large boarding house in the Town of Munson and this deponent further saith that so far as her knowledge extended the said Martin Nichols sustained a good character and was called by those of her acquaintance a person of truth and veracity and this deponent saith she never heard him spoken of otherwise and the family sustained a good character this deponent saith that she was acquainted with the said Martin and his family a number of years while they resided in Munson this deponent saith she came from Munson a short time since and is now in the Town of Paris on a visit and further this deponent saith not
Subscribed and sworn
this 16th day of July 1833
Sarah W. Hale
before me
Jonathan Richardson Justice Peace

Schenectady July 24 th 1833
This may Certify that I have bin acquainted with Martin Nichols For more than Twenty years and five years of that time have bin a boarder in his family I first became acquainted with Martin Nichols in the year 1811 In the State of Massachusetts County of Middlesex and Town of Waltham - I then hired him for the purpose of keeping a Boarding House for me as I was in the manufacturing Business and had many hands to board which Business he performed to my satisfaction In the year 1814 I left Waltham and went into the County of Hampden Town of Monson State of Massachusetts for the purpose of Erecting a new Cotton Establishment and after getting the Establishment in operation I then sent to Waltham to get Mr Nichols to come to Monson to keep boarding House for me at that place and after the necessary arrangements he came to Monson in the year 1815 and commenced boarding the hands for that Establishment - Mr Nichols continued in that Business for 7 years all of which time I had the Super Intendence of the Establishment and was to his great knowing satisfaction In every respect In the course of my acquaintance with Mr Nichols I have had many Business Transactions with him to the amount of some Hundreds of Dollars and have ever found him strictly honest and a man of candor and truth - more than 18 years ago Mr Nichols has related to me the hardships and privations that he endured while a soldier in the Revolutionary war which I have often listened to with much interest John Avery

Schenectady County to the within named John Avery to me known appears before me on the 21 st day of July 1833 and made oath that the statement made by him in the within in relation to Martin Luther is true and correct
Eliza L. Davis, Justice of the Peace
State of New York.
Schenectady County
Clerk's Office
John S. Boorman
Clerk of the County aforesaid, Do certify that Eliza L. Davis Esq. before whom the foregoing affidavit of John Avery was taken, was a Justice of the Peace at the time of taking such affidavit & that the signature "Eliza L. Davis" "Justice of the Peace" is genuine. In testimony whereof I have hereunto set my hand & affixed the seal of said County aforesaid this 31 st day of July 1833
John S. Boorman Clerk

State of New York Onondaga County ss
Stephen Savage of the Town of Pairs County and State aforesaid who first being duly sworn according to law deposeth and saith he is well acquainted with Martin Nichols of the Town of Pairs aforesaid This deponent further saith that the said Martin Nichols resides about half of a mile distance from this deponents and this deponent further saith that he has been acquainted with the said Martin Nichols four or five years past and so far as this deponents knowledge extends the said Martin Nichols is a credible person and as this deponent truly believes the said Martin Nichols bears that character in the neighbourhood where the said Martin resides and subscribed and sworn this 6th day of August 1833 before me
Jonathan Richardson Justice of Peace
Stephen Savage
State of New York Onondaga County ss
Nathaniel Barrett of the Town of Pairs County and State aforesaid who first being duly sworn according to law deposeth and saith that he is well acquainted with Martin Nichols of the Town of Pairs This deponent further saith that the said Martin Nichols resides in the same neighbourhood of this deponent and one half of a mile distance This deponent further saith that he has been acquainted with the said Martin Nichols four or five years past and has done considerable business with the said Martin Nichols and this deponent has ever found the said Martin Nichols to be a honest fair dealing man and a credible person and bears that character in the neighbourhood where the said Martin resides and further saith not
Nathaniel Barrett
Sworn and subscribed this 6th day of August 1833 before me Jonathan Richardson Justice of Peace
State of New York Onondaga County ss
I do here by certify that I am personally acquainted with the above named Stephen Savage who made oath to and subscribed the above affidavit he is a respectable merchant and a credible person I am also acquainted with Nathaniel Barrett who made oath to and subscribed the above affidavit he is an industrious mechanic and a credible person
Jonathan Richardson Justice of Peace

Clerk's Office Onondaga County N.Y.
I Joseph T. P. Read Deputy Clerk of said County do hereby certify that Jonathan Richardson Esq before whom the foregoing affidavits of Abraham Sage, Martin Knapp, Sarah
Stacy, Deliverance Nichols, Sarah W. Hale, Stephen Savage and Nathaniel Barrett, purport to have been sworn respectively, was at the date of the same, one of the Justices of the peace in and for said County and duly authorized to act as such, and further that I am well acquaint- ed with his handwriting & verily believe his name subscribed to the said affi- davits to be genuine.
Witness my hand & seal of Office at Utica in said County this 12 th day of August A.D. 1833
J. T. P. Read (Dep. Clerk)

Hon. Lewis Cass Secretary of War
State of New York } Onondaga County } ss
In regard to the declaration made by Martin Nichols on the second day of January A.D. 1833 which has been returned to him for further explanation as to his age he stated to me the month and year in which he supposed he was born viz September 29th 1814 which appears to have been a mistake in him or I might have taken it down wrong, I have since conversed with his wife as to his age I have taken the affidavits of a number of persons with whom I am personally acquainted and reside in the neighbourhood of the said Nichols and are personally acquainted with him they are respectable persons viz those whose affidavits I have exhibited to me. I have been acquainted with them many years they are persons of an inpeachable character and they say that Mr Nichols character stands fair and good in the neighbourhood where the said Martin Nichols resides and so far as their knowledge extends his character stands unimpeached I have particular reference to Abraham Sage Gardner Avery Stephen Savage & Nathaniel Barrett those of Deliverance Nichols John Avery & Joseph W. Hale I have no particular acquaintance with but believe them to be credible persons I have made inquiry in the neighbourhood where the said Martin Nichols resides and find it to be the general opinion that he was a soldier and did serve as such in the Army of the Revolution said Martin Nichols is a person in low circumstances and is honestly and justly entitled to share in the bounty of a generous government it will be a most meritorious act by him
August 12-1833
Jonathan Richardson J. Sear

2/4/87
Martin Nichols (N.Y.)
proofing from all sources
Rev Mr Beardsley App Church Paris Oneida Co N.Y.

WAR DEPARTMENT,
Pension Office.
27 u (u) 183 3/4
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 Martin Nichols Oneida Co. N.Y.
   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.     W. Sept 79 9 for. Capt. [unclear] B. [unclear] 68. E. [unclear] Tradg.   " '80 9 " " West - " K. d. [unclear]   Sept '81 6 " Holden "  
I am, respectfully,
Your obedient servant,
J. L. EDWARDS,
Commissioner of Pensions.
Enlistments of boys were contrary to the regulations of the service & can not be admitted without satisfactory proof

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 place, 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 [j] 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.
W. L. G. [Signature] and [Signature]

Resolution
23339 INVALID.
File No. 23339
Martin Nichols
Rev New War
Act: June 7 th 82 nd
Index: Vol. 2 , Page 295
[Arrangement of 1870.]

Rev. Act 7. June 1853 Martin Nichols Suspended
See letter to Claimant Paris N. Y. 31. Oct. 1853

Newport January 15 th 1836
Samuel S. Beardsley Esqr
Dear Sir
I send you enclosed a Certificate from Benjamin Cowell Esqr as proof of the service of Martin Nichols of the town of Pons who was a private in the War of the Revolution his declaration was sent to the Pension Office a considerable time since and notice been returned to him that his claim was suspended for the want of proof, I have since sent Providence Rhode Island and have obtained the en- closed certificate which proves conclusively that he served in the year 1777-78-79 but does not state the length of time he served it also proves that the State of Rhode Island did allow Martin Nichols £28.18-5 this was in addition to the continental pay which the State paid this was owing to the depreciation of the money -eg that he was paid in by the State the additional pay which was allowed him would be full pay for nearly 14 1/2 months this is exclusive of the conti- -nental pay then it appears more than probable and should think be good evidence that he served more then two years in all other were the Committee who examined his case would not have found the sum of £28.18-5 due him for his services while the war of the Revolution in addition to the sum which had already been paid him Mr Nichols is a man in low circumstances and unable to advance money to send to Rhode Island to pay a person for hunting out the missing proofs, and he might then fail owing

to some neglect of his agent and I do not feel willing to advance him $100 upon an uncertainty because if he should fail in the end I must lose whatever I advance. If Mr Belwards should think that this certificate is not sufficient evidence to allow Mr Nichols full pay or nearly so you will please to return the certifi- cate to me again with Mr Belwards views on the subject that I may preserve the certificate and if pos- sible I will send to Rhode Island for further proof. I may have some other person apply who may want proof from Rhode Island and by that means the ex- pence will come so high I have taken the affida- vits of a number of respectable persons some of them I presume you are acquainted who are neighbours to Mr Nichols as to his credibility while he resided in Massachusetts and since he has resided in this State at Pori and these affidavits are now in the Governor's office I presume with his declaration. Col Governor Aspin Stephen Savage late a Post Master at Signet I presume you are acquainted with Mr Sage & Mr North are both very respectable persons with whom I have been acq- ainted many years the other two I am not so much acquainted with but believe them to be credible persons if you can get Mr Nichols in any way he will feel very grateful to you for your assistance his circumstances and the feeble state of his health is such that he is un- able to procure any evidence or proof of his services himself you will please to inform me whatever the decision may be as soon as convenient should it meet with a favourable decision I wish the certifi- cate directed to Jonathan Richardson New Bedford Oneida County New York with great Respect your obed- and payable at the united - est servant States Branch at notice Jonathan Richardson

Hon. S. Beardsley H.R.

Rhode Island District
Clerks office U.S. Dist. Court, In Providence Jan y 2 1834
I hereby certify that the name of "Martin Nichols" appears as a private on the Roll of a Regiment of Rhode Island State Troops first commanded by Col. Joseph Stanton in the year A D 1777 & subsequently in the years 1778 & 1779 by Col. John Topkarn, which Roll is now in this office, and appears to have been made up in October A D 1785, by a Committee to ascertain the amount due each, in consequence of the depreciation of wages - The length of time which said Martin served does not appear but the sum of 28. 18 5. appears to have been ascertained to have been his due - In testimony whereof I have hereunto set my hand & affixed the seal of said Court This Second day of Jan y A D 1834 Benja Cowell Clk

BOUNTY LAND WARRANT RECORD CARD*
NAME Nichols, Moses GRADE Private LINE Delaware
WARRANT NUMBER 10852 ACREAGE 100 ISSUED January 13, 1792 To William Lane, assignee
*The information concerning the issuance of warrants carded on this form is found in volumes 2 to 4 of "Land Warrants Issued Prior to 1800" which are registers of bounty land warrants issued to non-commissioned officers and privates under congressional resolutions of September 16, 1776, and subsequent dates. Other records relative to the applications for warrants appear to have been destroyed in the War Department fire of November 9, 1800. Information concerning warrants surrendered to the Federal Government is to be found in General Land Office records in The National Archives.