Revolutionary War Pension and Bounty Land Warrant Application File S. 18313, Levi Buell, Conn Vt.

SERVICE
NUMBER
Conn Vt.
Buell Levi.
8 18313
Carded.
CONTENTS

18.612 Vermont
Levi Durell
Rutland Co in the State of Vermont who was a Lt Col in the Company commanded by Captain Pray of the Col. Regt. commanded by Col. Eno in the Mass. line for 2 mos. Lieut. Gen. Conn. & Vt. 22 .. Sept 3
Inscribed on the Roll of Vermont at the rate of 136 Dollars 66 Cents per annum to commence on the 4th day of March, 1834.
Certificate of Pension issued the 21 day of Sept 1833 and sent to R Temple Rutland
Arrears to the 4th of Sept 1833 - $341.66 Semi-ant. allowance ending Sept 34 - 68.33 $410.00
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by W. L. Williams Clerk, Book B Vol. 3. Page 50

in place of this character.
Levi Bnell Rutland 6 Vermont
proof of service reg'd j
There is some proof in this case that
Witness
This applicant has procured all the addi- tional proof he can find; - so he says
Respectfully J. Smith by Com.
2 mo's Lieut 22 .. Sergeant 180 110 26.66 156.66 273.33 68.33 341.66

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 Levi Buell
   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.     May 1776 3 Corp d Capt Pray Major Smith Marched to Hoosic Neck 72 years Inspection of living witness   Spring 1777 8 15 Serg t Capt Rogers Col o Eno New Rochelle Connect.   Spring 1778 6 " Capt Walbridge Col o Jacobs - Sullivan   Nov r 1778 6 " Capt Pray Col o Eno White Plains   Sept 1779 4 " Capt Sibley Col o Tyler Staten Island   May 1780 4 " Capt Sawyer Col o Allen at the fort in Castleton   2 St t Capt Dane officer  
I am, respectfully,
Your obedient servant,
J. L. EDWARDS, Commissioner of Pensions.
"rec d no commission"
Some proof of service is expected in claims of this character.

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 , 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.
[t] 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.

Levi Buell
2 mo. St. - 28 .. dry 3 .. coffee
See for p. See for testimony
18503

STATE OF VERMONT, } RUTLAND COUNTY, ss. }
On this 18 th day of August A. D. 1832 personally appear- ed in open Court before the Judge of the Probate Court of Rutland Dist o now sitting, Levi Buell a resident of the County of Rutland and State of Vermont, aged 72 years, who being first duly sworn according to law, doth on his oath make the following declaration, in order to obtain the benefit of the act of Congress, passed June 7, 1832.
That he entered the service of the United States under the following named officers, and ser- ved as herein stated.
In 1776 he lived at Norwalk, Connecticut & in view of that year he volunteered for 3 months & was appointed Captain in Capt. Ray's company, Lt. Clark, Ensign Hovey, Maj. Smith (has forgotten names of other officers) and marched to Horn Neck & New Rochelle, & was discharged at Horn Neck about the 1. of Sept r following. In the spring of 1777 he enlisted for eight months in Capt. Rogers' company, Lt. Burrows & Ensign Beebe, in Col. Eno's Reg t of Steele's Grenadiers, & was appointed sergeant. Marched to Horn Neck thence to the Highlands & back to Horn Neck where he was discharged in Feb. 1778, having served 8 1/2 months, being half a month more than he engaged for. In the spring of 1778, in May he thinks, he volunteered to serve 6 months in Col. Peck's Reg t Maj. Wilson, Capt. Bothwell, Lt. Ward, which was raised to go on the expedition to Rhode Island. he was appointed sergeant & served under Genl. Sullivan in his attempt to take Newport, & retreated across Bristol ferry to Providence where he was discharged at the end of six months in Nov. Immediately after his time was out he again enlisted for six months in Col. Eno's Reg t above mentioned & served as sergeant in Capt. Ray's company, Lt. Hotchkiss, & was stationed at Horn Neck to guard the lines, where he was dis- charged the latter part of May or 1. June 1779. In Sept r . 1779 he engaged as a substitute for one Charles Johnson in Col. Tyler's Reg t Lt. Col. Wade & served as sergeant in Capt. Abel's company four months at Providence R. Island in guarding the lines & stores, where he was discharged in January following. Soon after this he moved to Vermont, & about the 1. of May 1780 he volunteered & served four months as sergeant in Capt. Sawyer's company at the Fort in Castleton under Maj. Allen, who commanded, & in scouting about Lake Champlain. At the end of which time he was appointed by Gov. Chittenden a 2 d Lieut. in said Corps, & served as such, having the command of a scouting party two months, but received no commission.

being then taken sick with fever & ague, he performed no other services during the remainder of the war. He received no written discharge from any of his services. He cannot remember as to to distinguish other Troops with whom he served. He knew Genl. Washington, Putnam, Gates, Schuyler, Lafayette, & Cols Allen & Warner. He has no documentary evidence, & knows of no person whose testimony he can procure who can testify to his services, except he thinks he can prove his services in Vermont. He was born at Northfield, Connecticut Sep. 6. 1760 - his age is recorded there & in his Bible. He has lived in Vermont ever since the revolutionary war, in Rupert, Pawlet, Shaftsbury & Wells; & for the last three years in the latter place - he lives in a remote part of the town, where there is no clergymen, but he is known to most of the people in the neighbourhood.
He hereby relinquishes every claim whatever to a pension or annuity except the present, and declares that his name is not on the Pension Roll of the Agency of any State.
Sworn to and subscribed the } day and year aforesaid.
R. Royce Regt
Levi Buell
We James Long a Clergyman residing in Wells and Thomas Sprague residing in the same place, hereby certify, that we are well acquainted with Levi Buell who has subscribed and sworn to the above declaration; that we believe him to be 72 years of age; that he is reputed and believed, in the neighbourhood 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.
R. Royce Regt
James Long Tho. Sprague
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 James Long who has signed the preceding certificate, is a Clergyman, resident in Wells and that Thomas Sprague who has also signed the same, is a resident in Wells and is a credible person, and that their statement is entitled to credit.
1 Rodney C. Royce Regt Clerk 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 Levi Buell for a Pension.
In testimony whereof, I have hereunto set my hand and seal of office this 29 th day of Oct. A. D. 1832
R. Royce Regt

F
18313 INVALID.
File No. 18,313
Buell Levi Buell
Act. Nov. 22, 1967
Lieut Rev War
Act: June 7 th 32
Index:—Vol. / , Page 423
[Arrangement of 1870.]

State of Vermont Rutland p — 3
On this 29 th day of Oct. 1832, personally came before the undersigned authority, John Fletcher of Sherburn, who being duly sworn, deposes & says, that during the year 1780, he lived in Orwell, Vermont, & was acquainted with Levi Buell, now of Wells, & has frequently seen him since & kept up his acquaintance with him — that in the summer of 1780, the deponent was at the Fort at Castleton 2 or 3 times, & saw said Buell there acting as sergeant, he thinks in Capt. Sargeant's company — and in the fall of that year said Buell passed through Orwell he having the command of a small party of soldiers, on scouting duty; said Buell was called Lieutenant, having as he understood just been ap- pointed to that office — he with his men staid at the deponent's house one night, & went on north the next morning — and further says not —
sworn before me this day & year aforesaid. — And I hereby certify that said John Fletcher is a credible witness
R Temple Jus. Peace

I, Robert Rippey, Clerk of the Court of the County of Rutland in the State of Vermont do hereby certify that Robert Temple before whom the foregoing affidavit was sworn, was, at the time, a Justice of Peace for the said County, and duly empowered to administer oaths. And I believe his signature to be genuine.
In testimony whereof, I have hereunto set my hand and affixed the seal of the said Court, this 29 th day of October in the year one thousand eight hundred and thirty-two.
R. Rippey

State of Vermont Rutland Co - 3
On the 23 d day of May 1883, personally came before the undersigned authority, William Jones of said County, aged 73 & a credible witness, who being duly sworn to the before say, that he was a soldier in Capt. Sawyer's company, & served at the Forts in Castleton & Pittsfield & in Kentucky in 1780 & 1781, under Maj. Allen of the Vermont Troops - and that in 1780, in the spring of summer, Levi Buell now of Wallis, served he thinks four months as sergeant of said company, when, about the 1 st of Sept. the deponent thinks, said Levi Buell was appointed a Lieutenant, & immediately took the command of a scouting party, & was out scouting about two months, when he returned to camp here, & soon after left the service.
known before me this day & given upon
R. Temple Jr. Pres.
State of Vermont Rutland Co - 3
On the 25 th day of May 1883 personally came Peter Fox of said County, a credible witness, who being duly sworn to the before say, that in 1777, & 1778, he was a soldier in the Revolutionary war, & served at Horn's Creek & along the road - that he was well acquainted with Levi Buell, they both being from Wallis, & about the same age - and that he knows of Levi served as sergeant in Capt. Rogers' company of Col. Dyer's light infantry from the spring of 1777, to the winter of 1778 - the latter part of the time the deponent was a soldier in Capt. Doolittle's company of the same Regt. - the deponent understands & believes Peter was in service before & after the period, but he being on other service, they did not meet, & the deponent is unable to testify to them - before the war ended Levi moved to Vermont - the deponent has not seen him since the war & during peace, but knows him to be the same man as the said Levi who knew before me this day & given upon
R. Temple Jr. Pres.

State of Vermont Rutland P - 3
I Robert Peepoint, Clerk of Rutland County Court do hereby, that Robert Temple before whom the foregoing affidavits were taken, is a Justice of Peace for said County, duly Commissioned and that his name subscribed thereto is in his own hand writing.
The testimony thereof & documents let my hand and office the seal of said Court this 25 th day of May 1853
R. Peepoint
for assent P - 3 Robert Peepoint