Revolutionary War Pension and Bounty Land Warrant Application File R. 8,310, for Phoebus Pomeroy, Connecticut

SERVICE
Pomeroy, Phoebus
NUMBER
R. 8310
Conn.
CONTENTS

Acts of July 14, 1862, and March 3, 1873.
REJECTED
8310
P. O. Thomas Pomeroy
Service: _____
Enlisted: _____, 18
Discharged: _____, 18
Application filed: _____, 18
Alleges: _____
Re-enlisted: _____
Attorney: _____
P. O. _____
_____ Recognized. _____ Contr.
_____ Cert. of Dis. Searched for _____, 18

Phoebe Pomeroy 34
Cont.
1881 August
1881 August
No 2.658
X
1881 August 18th
1881 August 18th
1881 August 18th
1881 August 18th

DECLARATION,
IN ORDER TO OBTAIN THE BENEFIT OF THE ACT OF CONGRESS OF THE 7TH OF JUNE, 1832.
STATE OF MASSACHUSETTS, } ss. COUNTY OF HAMPSHIRE. }
ON this Eighth day of August 1832 personally appeared before the a resident of Northampton in the County of Hampshire, and State of Massachusetts, aged 70 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 7, 1832. That he enlisted in the army of the United States in the year 1777 , with Capt Harman and served in the regiment of the Connecticut line, under the following named officers: in Capt
Harman's company at Suffield Conn. as a private in Col Durkey's regiment, in the continental service. He enlisted Feb 13 th . In 1779 he was transferred to Col. Return Jonathan Meiggs's regiment of light infantry in Capt Phelps's company. Gen. Anthony Wayne's division. He continued in the service till Feb. 1783, when he left under a furlough. The war drawing to a close & he being at a great distance from the army, did not rejoin it, & consequently did not receive a discharge. He was in the battles of Stoney Point. Monmouth, where he received a severe wound in the breast from a bullet, the marks of which he now bears, also in the engagements at Germantown, Mul Island & Yorktown when Cornwallis surrendered. He made application under the act of 1818 & was refused on the ground of being a deserter. He never intended to desert, having been a firm soldier six years & fought for love of country. The circumstances of his leaving were these. He was encouraged by his officers to flog an sergeant officer who was very unpopular & did so in fair combat, for which he received a furlough as above stated. He would have rejoined the army had he supposed the war was not about terminated, Cornwallis having been taken &c. He was born at Suffield. Jan 6 th 1762. His name he supposes is on the rolls.
He hereby relinquishes every claim whatever to a pension or an annuity, except the present, and he declares that his name is not on the pension roll of 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.
Phoebe X Pomeroy his mark
Before me Samuel Brinsley Judge of Probate
And the said Court do hereby declare their opinion that the above named applicant was a revolutionary soldier, and served as he states.
Samuel Brinsley Judge of Probate
I, Sam. F. Lyman Register of the Court of Probate do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Phoebe Pomeroy for a pension.
IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of office, this eighth day of August in the year of our Lord one thousand eight hundred and thirty two -
Sam. F. Lyman Register
sworn

Charles Emery
Northampton Mass
102658

BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of Deborah Pomeroy 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 in his favor 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, with an inscription

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 XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it? 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? No XIV. † If the applicant has produced a witness or witnesses as to his service, has the magistrate who administered the oath certified that he, she, or they are persons of credibility? 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? XVI. ‡ Are the papers authenticated as the regulations direct? Yes XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered? They are -
 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."

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.
† 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 affidavits must be properly authenticated, as above directed.
‡ 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.

Phoebe Pomeroy
Northampton
Mass
Ms 658
Massachusetts
Ms 658 8310
2 July 1783
Dorchester
Repub
30 Oct 1832
Hon. Mr Bates
C. P. Huntington Esq.
Northampton Mass

BRIEF in the case of  Phoebe Pomeroy  of Northampton in the State of  Massachusetts  (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge? Court  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?  3. How old is he? Seventy Years  4. State his service, as directed in the form annexed. 
   Period. Duration of Service. Rank. Names of General and field Officers under whom he served.   Years, Months, Days. As a Gen.     Entered Feb 13 In 17 99 6 0 0 Private Col. Hovey and Col. Meigs  
 5. In what battles was he engaged? Stony Point - Germantown, Red Bank and York Town  6. Where did he reside when he entered the service? Suffield  7. Is his statement supported by living witnesses, by documentary proof, by traditionary evidence, by incidental evidence, or by the rolls? refers to the rolls in the War Department  8. Are the papers defective as to form or authentication? and if so, in what respect? 
I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
H. H. A. E. A. E. A. E. Examining Clerk.