Revolutionary War Pension and Bounty Land Warrant Application File R. 638, Simeon Baxter, Conn. Mass.

SERVICE
Conn.
Mass.
Baxter, Simeon
NUMBER
P 638
CONTENTS

Simon Barton Declaration &c Nov 16 1893.
28.666

And the Court do hereby declare their Opinion, after the investigation of the matter, and putting the interrogatories, presented 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 Rowland Pattridge who has signed the preceding certificate, is a Guggenheim resident in said Town of Holland, and that John Warren Elysee who has also signed the same is a resident in said Town of Holland and is a credible person, and that their statement, is entitled to credit.
Passd. by the Court Attest Jos. Howard Clerk
I Joseph Howard Clerk of the Court of Probate for the District of Holland aforesaid, do hereby certify that the foregoing contains the Original proceedings of the said Court in the matter of the Application Simeon Brewster for a pension.
In testimony whereof, I have hereunto set my hand and seal of Office this 16 th day of December A D 1833.
Joseph Howard Clerk of the Court of Probate for Holland Dist. Conn.

State of Connecticut Tolland County, ss Tolland December 9th 1833 Personally appeared before me the undersigned a Justice of the Peace within and for the County of Tolland Simon Baxter of Tolland aforesaid the Claimant who signed the preceding Decla- ration, who being duly sworn deposeth and saith, that by reason of old age and the consequent loss of memory he cannot swear pos- itively as to the precise length of his service but according to the best of his recollection he served out less than the periods mentioned below, to wit, two months the first Campaign, One year and six months the second Campaign, One month the Third Campaign and two months the fourth Campaign making in the whole one year and eleven months all as a private soldier, and for such service I claim a pension. And the said Baxter further deposeth and saith that according to his best recollection and belief that the period for which he enlisted as stated in his declaration was three years and that the said Baxter further deposeth and saith that he served for the term of two years, his Colonel's name he cannot now remember nor any other officers under whom he served, than those stated in his Declaration. but that he served as stated above and for the time there specified and that the service at Boston and near there, he does not state to be after the enlistment but was about that time.
Sworn and subscribed before me this day and year above written A. D. 1833. } Calvin Willey, Justice of Peace, December 9 th }
I further testify that the above named Simon Boston is a man of truth and veracity, and that I have conversed with many of his Neighbors, and they all say that he has always been considered and reported to have been a Soldier in the whole time and that any few men did more or better service than he did. Calvin Wiley Justing Peace,

It is to certify that Col. Bradford, Reg. resigned 26 Nov 1877 Barker not a clerk
State of Connecticut ss. Tolland December 9 th 1833 Tolland County
I Novatus Chapman Clerk of the County Court within and for said Tolland County do certify that Calvin Willey Esquire before whom the fore- going Declaration and Deposition of Simeon Baxter was taken and whose certificate is annexed thereto is now a Justice of Peace within and for said County of Tolland duly qualified and legally authorized to administer Oaths and take Depositions and that the Signature to said certificate purporting to be his is genuine and I believe the same to be his own proper hand writing -
In testimony whereof I have hereunto sub- scribed my name and affixed my seal of Office at Tolland the day and year above written
Novatus Chapman Clerk

State of Connecticut Tolland County ss Tolland Probate District On this 16 th day of November 1833.
Personally appeared before the Court of Probate for the District of Tolland now open and in session Simock Baxter a President of Tolland within said Probate District in the County of Tolland in said State of Connecticut 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 th 1832. That he entered the service of the United States under the following named officers and served as herein stated to wit.
That he entered the service of the United States as a private soldier in the war of the revolution in the month of March 1776 about the time General Howe evacuated the town of Boston as I now well remember, as a volunteer for the term of two months and served the full term of two months near Boston under the following named Officers, to wit Captain Hallett Lieutenant Haws and Lieutenant Daniel Baport, the Ensign's name I do not now remember, General Washington had the command and was present, during these two months service I assisted in building three forts on Dorchester heights immediately after I entered the service as above stated I was marched from Barnstable Massachusetts where I then lived, to Boston Mass and served the term of two months as above stated, I was then dismissed and returned home to said Barnstable.
That on the 1 day of June 1777 I enlisted as a private soldier in the Army of the United States for the term of two years the Captain's name under whom I enlisted I do not now remember

my Lieutenant was the same Lieutenant Daniel Bapett above named, I well remember him he lived in said Barnstable the same place in which I resided, that is now dead, after my enlistment I was employed and served as a waiter to said Lieutenant Bapett until he resigned his Commission, which was one year and six months after I enlisted as aforesaid being on or about the 1 st day of December 1778. when said Bapett resigned his Commission the 1 st of December 1778 he promised my discharge or dismissal as I was his waiter and then left the service with him and returned home to said Barnstable, after I enlisted as above stated I was immediately marched from said Barnstable where I then lived and where I enlisted to Providence Rhode Island from thence to Windham Connecticut and thence to Hartford Connecticut thence to Albany in the State of New York & thence to near Fort Di and from place to place in that section of the State of New York, during this campaign my business and that of the Company to which I belonged was to watch the movements of the Enemy and to intercept the news of Genl Burgoin until he was taken October 1777. and after the capture of Burgoin by General Gates, our business was to watch the enemy and take care of sick & wounded & the Cannon & other munitions of war. This campaign I served the full term of eighteen months as above stated, and when dismissed the first of December 1778 I returned home as above stated, and afterward, as I now believe in the spring of 1780 I removed to Tolland in the County of Tolland in the State of Connecticut where I have ever since resided and now reside, soon after I came to said Tolland I again entered the service of the United States in the war of the revolution as a Substitute for a man whose name I have forgotten.

and served one month at Guilford and Brunswicks City. the officers names under whom I served this month I do not remember after I was dismissed I returned home, and soon afterwards, I again entered the service as a Substitute for a man by the name of Patten belonging to Chatham Con- necticut and served as such two months, Patten is now dead the Captain's name under whom I served these two months was Sturkings and my Lieut's name was John Rogers, I was much from said Holland where such near N. York, and from thence to quicken Ridge (so called) and served out the full term of two months and was then dismissed and returned home to said Holland, the officers with whom I served I believe are all dead and I do verily believe that all the private soldiers who served with me are also dead, and I do not know of any person living who can testify to my services, I remember that General Lincoln and General Arnold were both in service and in com- =mand in the State of New York while I was in service there, during the campaigns of eighteen months, and I do not now remember any more officers whom I served than those named in this my Declaration. And in answer to the interrogatories put by the Court as prescribed by the War Department I declare and say I was born at Rehoboth in the Commonwealth of Massachussetts in the year 1753.
I have no record of my age. When I was first called into service I lived at said Brattleboro. Since the revolutionary war I have now do live in Holland in Holland County and State of Connecticut. The first two months I served I was a Volunteer, the second campaign I enlisted, the third campaign and the fourth also I served as a Substitute in the manner as stated in my Declaration above, and I remember that General Lincoln

And Arnold were also in the service when and where I served in the campaign of eighteen months in the State of N. York and that I do not now remember any other Officers than those I have named I never had a discharge as I remember if I had any I have lost it I am known to Rowland Lathrop & John Warren Esquire both of Holland in the County of Holland and State of Connecticut who can testify to my character for veracity and their belief of my services as a Soldier of the revolution. I have no docu- mentary evidence and that I do not know of any person or persons living who can testify to my service and will believe the officers and Soldiers with whom I served are all dead, if not dead their place of residence is not known to me, and I hereby relinquish any claim whatever to a pension or annuity except the present and that my name is not on the pension roll of the Army of any State, Sworn and subscribed the day & year aforesaid. Simeon Barker
We Rowland Lathrop and John Warren residing in Holland in the County of Holland and State of Connecticut hereby certify that we are well acquainted with Simeon Barker of said Holland who has subscribed and sworn to the foregoing Declaration; that we believe him to be eighty years of age; that he is respected and believed in the neighborhood where he resides, to have been a Soldier of the revolu- tion and that we concur in that opinion, and that said Barker is a man of fair character for truth and veracity. Sworn and subscribed the day and year aforesaid. Rowland Lathrop John Warren

Superior
Connecticut
Hudson Baxter
Resided
Letter Book
2 July 1834
Letter to Willey
2 July 1834
Letter to Willey
24 Dec 1834

Ex'r.
INVALID.
Act of July 19, 1862, and Act of March 3, 1863.
REJECTED
Simion Baxter
P. O. _____
Service: _____
Enlisted: _____, 18
Discharged: _____, 18
Application filed: _____, 18
Alleges: _____
Re-enlisted: _____
Attorney: _____
P. O. _____

Simon Benton
28666
Hoban
Elvillie Em
Toland
CT

Simon Bayle 638

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 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
   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.
I am but Mr Baxter claim will be allowed he is really an old honest veteran of the revolutionary Army,
Respectfully O. Wiley

REGULATIONS UNDER THE ACT OF JUNE 7, 1832.
The following regulations have been adopted:
This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army, and to include under the terms "Continental Line," "State troops," "militia," and "volunteers," all persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, &c., Teamsters, Boatmen, &c. Persons who served on board of private armed vessels are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service.
Four general classes of cases are embraced in this law:
 1. The Regular Troops.  2. The State Troops, Militia, and Volunteers.  3. Persons employed in the Naval Service.  4. Indian Spies. 
As rolls of the regular troops in the Revolutionary War exist in this Department, all persons claiming the benefit of this law as officers, non-commissioned officers, musicians or privates, will, in the first instance, make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides. And every Court having by law a seal and Clerk is considered a Court of Record.
DECLARATION,
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
State, Territory, or District of } ss. County of } On this day of personally appeared (a) before A. B. a resident (b) of in the county of and State, Territory or District of aged (c) years, who being first duly sworn, according to law, doth on his oath make the following declaration, in order to obtain the benefit of the provision made by the act of Congress, passed June 7th, 1832. That he enlisted in the Army of the United States in the year (d) , with and served in the (e) regiment of the line, under the following named officers:
[Here set forth the names and rank of the Field and Company Officers; the time he left the service; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers;) the town or county and State in which he resided when he entered the service; the battles, if any, in which he was engaged, and the country through which he marched. [This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.]
He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of
Sworn to and subscribed the day and year aforesaid.
A. B.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states.
I of the Court of do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of for a pension.
In testimony whereof, I have hereunto set my hand and seal of office (i) this day of &c.
If, on examination of the proper record, the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out.
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz:
(k) We, A. B., a Clergyman, residing in the and C. D. residing in (the same) hereby certify, that we are well acquainted with , who has subscribed and sworn to the above declaration; that we believe him to be years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.
Sworn and subscribed the days and year aforesaid.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that A. B. who has signed the preceding certificate is a clergyman, resident in the and that C. D., who has also signed the same is a resident in the and is a credible person, and that their statement is entitled to credit.
I, Clerk of the Court of do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this day of &c.
Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction.
If such surviving witness cannot be found, the applicant will so state in his declaration, (l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his
If the claimant served in the continental army, as he states, if he will state the names of the officers his declaration may be rejected. But the of enlistment stated makes the claim doubtful, as no troops were raised for the war. The fact is quite improbable, as no troops were ordered to Boston a

Anscombe to the same gentleman he says he was mistaken it was there in front of their group it is not at all obvious that a man in old clothes was in his company at the time of the murder — C. W. W. —
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.
[c] 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. 
 □ 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. 
[k] This traditional evidence is indispensable in militia cases.
(f) If a witness cannot be found, the declarant must state the fact.
[m] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.
Term that period. His other services will not justify placing him upon the the evacuation in March 1776.

Mr Edward Commissioner of Pensions
Dear Sir I enclose herewith the Deposition of Joseph Baptist, in the case of Simon Baxter, I hope this testimony with his other papers will prove satisfactory and pension eventually forwarded
Respectfully Colin Killen
Forwards of Dec 18 1834
Suspended
James L. Edwards Esq. Commissioner of Pensions

Concord Dec 9 1833
James L. Edwards Esq Commissioner of Pensions
Dear Sir, I again return the papers of Simcoe Bastar, with an amendment of his Declaration de, Mr Bastar may be mistaken but is honest, every one here believes he served in the War of the revolution as he states, he is broken and cannot remember all his affairs, and it is believed that the regulations do not require what it is impossible for him to do, and that he has complied with the regulations in a case where no Witness is to be found, and I hope that the Department will take that view of his case,
Very respectfully, Calvin Willey.

Deposition of Joseph Baptist in Simon Baptist Case,

Commonwealth of Massachusetts
Barnstable ss. At a Probate Court held at Barnstable within the said County of Barnstable, Commonwealth aforesaid, on the ninth day of December A.D. 1834. Personally appeared in open Court Joseph Basset of Barnstable, aged seventy one years, who being first sworn, deposeth & says. That he was a Soldier in the Revolutionary War; that he served in a company of which his Father, Daniel Basset, was a Lieut. that he enlisted first, for three years, in the Spring of the year 1776, and in the fall of the year 1777 he again enlisted for "during the War"; - that he knew and well remembers Simeon Baxter, who then resided at Yarmouth or Barnstable, he thinks of Yarmouth, and who now resides at Holland in the state of Connecticut as he is informed; that the said Baxter enlisted at or about the same time with the deponent; that he was enlisted into the Army by the Father of the deponent, who was a recruiting Officer; Deponent thinks that the said Baxter enlisted for three years, but he cannot positively state, that he cannot say how long he served, but he saw him some time afterwards at Boston in the service; that he cannot state now, in whose Company the said Baxter served, and he cannot now state any more particularly respecting the services of the said Baxter, owing to the great length of time, since the performance of the services as aforesaid Joseph Basset
The foregoing Deposition was subscribed and sworn to by the said Joseph Basset in open Court, the day & year first aforesaid; and the said deponent is, in the opinion of the said Court, a man of truth & a credible Witness. - In testimony whereof I have hereunto set my hand & affixed the seal of the said Court at Probate, at Barnstable aforesaid, this ninth day of December A.D. 1834 Abner Davis Rev