Revolutionary War Pension and Bounty Land Warrant Application File S. 32516, for Charles Shepherd, Virginia

SERVICE
NUMBER
Va
Shepherd Charles
S 32516
CONTENTS

Letter to Hon. M c Young & Cir to Pen agt Aug 1841 Transfer? to Illinois from 4th: Sept. 1839 - Augt 27-1841. notification sent to Hon. R. M c Young. S.A.S - on the 28th. Same month.
Paid at the Treasury under the Act of the 5 th April 1833 from 4. Sept 1839 to 4. Sept 1840. Agt. Notified 25 Oct 1841
Illinois 25. 729  Chic
Charles Shephard of e Hous. Co in the State of Ohio who was a Sgt in the Company commd. by Captain Dunbar of the 1 st Regt by Col Wood in the 1 st Regt Ohio Militia -
8 th Dec - p 26. 63
Inscribed on the Roll of Ohio at the rate of 20 Dollars 00 Cents per annum to commence on the 4th day of March, 1831.
Certificate of Pension issued the 27 th day of Dec r and sent to 133 Rev J. J. Victor, Ht of Sup
Arrears to the 4th of Sept 1838 68 63 Semi-ant. allowance ending Dec r 34 13.33 $79.98
Revolutionary Claim Act June 7, 1832.
Recorded by D. J. Wagner Clerk Book E Vol. 8 Page 25

State of Illinois Adams County ss
On this 17 th day of Feb 1841. before me the subscriber a Justice of the peace for said County of Adams. Personally appeared Charles Shepherd, who on his oath declares that he is the same Person who formerly Belonged to the Company commanded by Captain James Dunbar in the Regiment commanded by Colonel Wood in the service of the United States, that his name was placed on the Pension Roll of the State of Ohio from whence he has lately removed, is that he now Resides in the State of Illinois, & where he intends to remain - and wishes his Pension to be there Payable in future.
The following are his reasons for removing from the State of Ohio to the State of Illinois (to wit) That he lived with Benjamin Ramsey in the State of Ohio for about ten years, whose Wife is the only relation he has now living that he knows of, That said Ramsey Removed from Ohio in the year 1839, and settled in the State of Illinois and that he removed with him on account of the care and Protection he afforded him soon - and subscribed to before me the day & year aforesaid
Charles Shepherd
Justice of the Peace Adams Co Ill

State of Illinois, county of Adams, ss. On this 14 th day of July 1841 Before me the subscriber a Justice of the Peace for the said county of Adams, personally appeared Benjamin Ramsey, who on his oath declared that he is well acquainted with Charles Shepherd. Who has sworn to and subscribed the within and foregoing affidavit, and has been for the last ten years, that he knew him in the State of Ohio, from whence he removed to the State of Illinois with him, and that he is the identical person described in said affidavit. Sworn and subscribed Benjamin Ramsey to Before me this day & year aforesaid Noble S. Brown Justice of the Peace
I Noble S. Brown a Justice of the Peace in and for the county of Adams & State of Illinois do hereby certify that Benjamin Ramsey Whose name is subscribed to the above affi- =avit is a Person of truth and veracity. Given under my hand & seal this 14 th day of July 1841 Noble S. Brown E.P. & C. J. B.

Declaration of Charles Shepherd
(C. G. Brown Athens Ohio)

State of Ohio Athens County, p. 3
On this 15 th day of November in the year 1833, personally appeared in open court, before the judges of the Court of Common Pleas in and for said County of Athens, Charles Shepherd of Alexander Township in said County, 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.
1 st He was born in Baltimore, Maryland, Dec. 28, 1763, as he was told by his parents & is now in his 69 th year.
2 nd He has no record of lineage of any kind.
3 rd He was living at Winchester Virginia when both the first and second time he entered the service. He having, previously for a time resided in Pennsylvania. Born in Winchester, after the War of the Revolution he removed to Redstone Pennsylvania, and from thence to Ohio, where he has now resided about 36 years.
4 th The year before Cornwallis' surrender, he being then in his 16 th year, during the harvest season, he cannot state precisely the month or day of the month, turned out as a volunteer in a company raised to guard the magazine and public stores at said Winchester in Virginia, and served a tour of three months under an officer who was called Col. Wood. The year following, which was the year of Cornwallis' surrender, being, as he believes the year 1781, sometime in the month of September he was drafted in a company commanded by Capt. James Dunbar of said Winchester, for the purpose of joining in the siege of York Town, but before arriving, at that place, met the Prisoners at Fauquier, and was employed in guarding them till some time in January or February following, when the Prisoners were transferred to the Maryland Troops to be guarded, he having served at that time something more than five months, he thinks within ten days of six months; and he sincerely believes he is entitled to a Pension for at least Eight and a half months performed as above stated.
5 th Being young at the time and very thoughtless, he does not remember the names of any other officers who were in command at Winchester during the term he served of 3 months which he served there, except the said Col. Wood, whom he will recollect; and it is his impression that the said Col. Wood was the only officer there, as the company or guard consisted of only a small number of men, he thinks not exceeding twenty five or thirty at a time. During his second tour of 5 or 6 months, he remembers that he served under Capt. James Dunbar, but does not distinctly recollect the names of other officers. He believes there were three or four companies employed in guarding the British Prisoners taken at York Town. They first met the Prisoners

as he has stated at Fungus, where they remained a week or more; then were marched up through Culpeper to Winchester where they remained until the last of January or first part of February, when the Prisoners were removed to Maryland by way of Shepherdstown. The weather, he recollects was extremely cold, so much so that three of the Prisoners were frozen to death in crossing the Potomac, and were buried on the bank. From Shepherdstown he marched back to the Magazine at Winchester, where they with his company, where they stored their arms, and were dismissed; in the month of February he thinks.
6 th He thinks he received discharges for both his terms of service, but is utterly unable to recollect what became of them.
7 th He is known to Rev. Enos Thompson & Rev. Isa Stearns Clergymen living in Athens County, and to many others in this neighborhood, and who can testify as to his character for veracity, and their belief of his services as a Soldier of the Revolution.
He has no documentary evidence, and he knows no person, whose testimony he can procure, who can testify to his service.
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 or Territory.
Sworn & subscribed the day & year aforesaid. Henry Bartlett Clerk
Charles his Shepherd mark
We, Isa Stearns a Clergyman residing in the County of Athens, State of Ohio, and Michael Boblett residing in the same County, hereby certify that we are well acquainted with Charles Shepherd who has subscribed and sworn to the above declaration, that we believe him to be in the 69 th year of his 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 & subscribed the day & year aforesaid. Henry Bartlett Clerk
Isa Stearns his Michael T Boblett mark
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 them that Isa Stearns who has signed the preceding certificate is a Clergyman, resident in the County of Athens, State of Ohio, and that Michael Boblett who has also signed the same is a resident in the same County, & is a credible person, and that their statement is entitled to credit.
I Henry Bartlett Clerk of said Court of Common Pleas of Athens County do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Charles Shepherd for a Pension.
In Testimony whereof, I have hereunto set my hand and seal of Office, this 20 th day of November, in the year 1853. Henry Bartlett Clerk

Rev. and 1812 Wars Section HRL aw
March 19, 1930
Carl D. Sheppard 518 Central Savings and Trust Building Akron, Ohio
Dear Sir:
I advise you from the papers in the Revolutionary War pension claim, S.32516 , it appears that Charles Sheppard was born December 25, 1763, in Baltimore, Maryland, and lived in Pennsylvania before the Revolution.
While residing in Winchester, Virginia, he enlisted in 1780, exact date not shown, served three months as a private under Colonel Wood in the Virginia Troops and guarded the magazine and public stores at said Winchester.
He enlisted sometime in September, 1781, and served about five months in Captain James Dunbar's Virginia Company and guarded British prisoners at Winchester.
After the Revolution, he moved to Redstone, Pennsylvania, and then to Ohio, where he had resided for thirty-six years when he was allowed pension on his application executed November 15, 1833, while living in Alexander Township, Athens County, Ohio.
In 1841, soldier was residing in Adams County, Illinois, and stated that he moved there with Benjamin Ramsey "whose wife is the only relation that he has now living that he knows of", exact degree of relationship not stated and there are no further data as to family.
This soldier's name appears on the report of the Secretary of War printed in 1835, as of the Maryland Militia, and placed on the pension roll December 27, 1833; it should have appeared as of the Virginia Militia.
Very truly yours
Date of death not on AB EARL D. CHURCH Commissioner.

32516 Rev INVALID.
File No. 32,576
Charles Shepherd
Rev Rev 1880
Act: same  32"
Index: — Vol. 8 , Page 366
[Arrangement of 1870.]
Dec. 27-1902 Maj. Mason Bayles Mt. Pleasant Iowa
1928-Dec-1-Mr. Chas. Doty advised relative to divorce, children etc. See corres. in Chas. Shep- herd, S-43128- MMX.5
1930-Mar 19-1 dist. to Carl E. Sheppard- Eth

Commercial Bank of Cincinnati
Pension Agency 30. October. 1841.
Sir.
Your two favours 25 inst are before me - One of them relates to Charles Shepherd a pensioner on the Roll of June 1832 - By your letter of 27 August last we were informed that this pensioner had been transferred to Illinois from and after 4 September 1839 -
I am very Respectfully Yr. Ob't Serv't
James S Armstrong Pen. Agt. By John S Anthony Pen. Clerk.

State of Illinois, Adams County ss
I Nicholas Wren Clerk of the County Commissioners Court in and for said County, Do certify that Noble J Perram whose name is signed to the foregoing Affidavit, and Certificate, is and was at the date thereof (to wit) the 17th July 1841 an acting Justice of the Peace in and for said County, commissioned and qualified agreeably to law, and that due faith and credit is and ought to be given to all his official acts as such.
In Testimony whereof I have hereunto set my hand, and caused the seal of said Court to be hereunto affixed, at Quincy this 20th day of July 1841
Nich. Wren Clerk 6 6 6 16. 100.
part of Mr. L. Hall 215. 100. 100.

TREASURY DEPARTMENT,
Second Comptroller's Office,
October 14 th , 1841.
Sir :
Under the act of the 6th of April, 1838, entitled "An act directing the transfer of money remaining unclaimed by certain Pensioners, and authorizing the payment of the same at the Treasury of the United States," Charles Shepherd — a Pensioner on the Roll of the Ohio — Agency, at the rate of Twenty Six Dollars and 66 Cents per annum, under the law of the 7 th June 1832, has been paid at this Department, from the 4 th of Sept. 1839, to the 4 th Sept. 1840.
Respectfully yours,
Edward B. Norris
Comptroller.
To the Commissioner of Pensions,
Present.

Aug 4th 44 Inverness
J.W. Moray
J. L. Edwards Esq Commission of Prisons Washington City
Mr. Young Senate U.S.
Transfer to Library from the Secretary 1839

Senate Chamber August 3. 1841.
J. L. Edwards Esq.
Commissioner of Pensions,
Sir. Enclosed I
send you the application of Charles Shepherd a revolutionary pensioner, who wishes to be transferred from the roll of Ohio, to the Illinois Agency - for the reasons mentioned in his affidavit - He is now a citizen of Adams County, Illinois. He mentions in the letter enclosing his application, that he is now about eighty eight years of age, and very infirm, and being unable to travel will hereafter have to draw his pension by a power of attorney, and that he wishes you to send him the form of a power of attorney, and the necessary instructions to enable him to draw it in future in that way - Very Respectfully &c
Richard M Young

Commercial Bank of Cincinnati Pension Agency 9. Aug. 1841
Sir.
Your favor of 4 th Instant has been received - The pension Charles Shepard upon Roll of June 1832 was last paid to 4 th September 1839 -
I am Very Respectfully Y. Obt Servt.
To J. S. Edwards Esq. Commissioner of Pensions Washington D.C.
James S. Armstrong Pension Agent by John G. Anthony Pens Clerk.

HEADQUARTERS McFARLAND POST No. 20, Department of Iowa, GRAND ARMY OF THE REPUBLIC.
Mt. Pleasant, Iowa, December 11 1902
The Honorable Commissioner of Pensions Washington City D.C.
I have the honor very respectfully, Sir, to request your office to furnish me a Transcript of the Military Record of Charles Shephers , a sol- dier of the War of the American Revolution .
Charles Shepherd was for many years a resi- dent of this County and died here 1845-6. He was buried in a private Cemetery on the farm he had owned and which now belongs to strangers.
For some years members of this Post G. A. R. have been struggling with the proposition to erect a monument above the remains, and a memo- rial was laid before the last session of the Gen- eral Assembly of the State of Iowa praying for an appropriation for erection of a Monument to this Patriot hero and in compliance therewith The Twenty Ninth General Assembly of Iowa voted an appropriation of Five Hundred Dollars for the purpose stated.
The desire is general to know the authentic record of this man. The promoters of the
This letter was an inquiry relative to (Ca.) Continental S. 43128 to Charles Shephers who in 1845 was living in Iowa which his son showed to his wife and

Enterprise regard it as a duty to procure all possible information. Indeed the committee in prosecution of this enterprise are instructed to use every effort to procure authentic knowledge that suitable inscription may be recorded on the monument. It is therefore desirable that all information obtainable in regard to the character of the man be secured.
The provisions of the appropriation provide for the further promotion of the enterprise by placing all subsequent effort in care of the above named Post G. A. R.
A committee of members of G. A. R. to which has been assigned procuring and placing of a Monument is now entering upon that duty and in furtherance thereof this information is required.
Please Address Major Mason Bayles 1417, N. Main Street Not Pleasant Iowa I am, Sir, Very Respectfull Your ob t Servant Mason Bayles Adjutant McFarland Post See, Com.

Record
LAW OFFICES CARL D. SHEPPARD 518 CENTRAL SAVINGS & TRUST BLDG. AKRON, OHIO
CARL D. SHEPPARD HARRY SNYDER
March 10, 1930
Department of Interior Washington, D. C.
Gentlemen:
Will you please advise me how to get a record, or furnish me with a record, of Charles Sheppard , pensioned December 7, 1833, for services as Private in the Maryland Militia?
Yours very truly,
Carl D Sheppard
Carl D. Sheppard
s/n

28.698 25.729
Charles Shepherd Athens, Ohio
Adm 8 Months
$24.66
 28 66  2 1/2  53.32  13.33  66.65 71.66 2/3  79.98 
Hon S. F. Vinton Ho of Rep

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 subjocined 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
   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) , who has 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

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.