Revolutionary War Pension and Bounty Land Warrant Application File S. 12186, Barnabas Berry, Conn.

SERVICE
NUMBER
Conn.
Berry, Barnabas
S 12186
CONTENTS
Carded

20316 New York Barnabas Berry of Granville in the State of New York who was a Private in the Corps commanded by Captain Mustard of the Regt commanded by Col. Ezra in the Revolutionary line for 14 Mo 24 Ds.
Inscribed on the Roll of New York at the rate of 19 Dollars 30 Cents per annum, to commence on the 4th day of March, 1834.
Certificate of Pension issued the 29 day of Aug. 1833 and to Mrs. A. H. Beman Malone
Arrears to the 4th of Mar. 11 $98.60 Pension allowance ending Sept. 11 24.65 $123.25
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by J. C. Hiles Clerk, Book E. Vol. 4. Page 17.

State of New York County of Franklin } ss
On this second day of May 1833 personally appeared in open Court before the Judges of the Court of Common Pleas now sitting at the Court House in the Town of Union in & for the said County of Franklin in the State of New York Barnabas Berry a resident of the Town of Westville in the said County aged seventy three years and about ten months who being first duly sworn according to law doth on his oath make the following additional declaration in confirmation and explanatory of his former declaration made in this Court on the eleventh day of October last past which is hereto annexed That by reason of his advanced age and the lapse of time and the consequent loss of memory he cannot swear to his several periods of service with any more precision nor set forth the same more circumstantially than he has done in his said former declaration hereto attached. That as to the depositions in support of his former application which have been returned to him from the war department one of which was taken before Judediah Hyde Esqr and two before Martin Strong one of the Judges of the Court of Common Pleas of the County of Litchfield in the State of Connecticut he says that the said Judediah Hyde Esqr died three or four years ago. that he does not know whether

the said Judge Strong is now living or not but if in life he resided more than three hundred miles from his the Declarant place of residence whereby he is unable to obtain a certificate from him of the credibility of Lemuel Berry & Father Lemuel Berry the witnesses sworn before him but that he is able to establish the cred- ibility of those witnesses by other evidence That there is no clergyman residing in his neighborhood who can testify as to his char- acter for veracity and belief of services as a soldier of the revolution but that he is acquainted with Russell Bates Esq. & Harmon Chamberlin both residing in his neighborhood who can testify thereto Barnabas Berry Subscribed and sworn to in open court the day before first above written David S. Clark Clk.
We Russell Bates and Harmon Chamberlin do hereby certify that we are well acquainted with Barnabas Berry who has sub- scribed and sworn to the above decla- ration that we believe him to be seventy three years of age that he is reported & believed in the neighborhood where he re- sides to have been a soldier of the revolution and that we concur in that opinion and that we believe there is no clergyman residing in his neighborhood who is acquainted with these facts
Russell Bates,

Subscribed & sworn this Harmon Chamberlain Day & year aforesaid in open Court Sam d S. Clark. CLK. or
State of New York } I Samuel S. Clark Clerk of Franklin County ss } the County of Franklin aforesaid and Clerk of the Court of Common Pleas of said County Do hereby certify, that the annexed original & Supplementary de- -clarations of Barnabas Berry contain the proceedings of the said Court in the matter of the application of the said Barnabas Berry for a pension, and that the said declarations are hereunto annexed and by me certified by order of said Court. And I do further certify, by order of the said Court, that the said Court consists of Roswell Bates and Harmon Chamberlain, who have subscribed the foregoing Certificate, to be credible persons.
In testimony whereof I have hereunto set my hand and affixed the Seal of the said Court the 2nd day of May A D 1833.
Sam d S. Clark, CLK. or

War Department Pension Office, 6 th May 1822.
Sir,
The papers in the case of Barnabas Berry, and Thomas Spencer have been duly examined. - The claim of Berry cannot be admitted. Col. Ennis, under whom he served, was not on the continental establishment. That fact was not known to the Dept. when the declaration was returned to the applicant for proof of services. The papers in this case, will remain on the files of this office.
I enclose to your care for Thomas Spencer, a notice that his name cannot be restored to the pension roll - together with a copy of the opinion of the Atty. Genl. relative to such case.
I am, Sir
Your ob t Serv t
J. L. Edwards
Hon: R. H. Melvill, H. R.

State of New York County of Franklin October 1832
1st. Page
Is On this eleventh Day of personally appeared in open Court before the Judges of the Court of Common Pleas now sitting at the Court House in the Town of Malone in and for the County of Franklin in the State of New York Barnabas Barry a resident of the Town of Witherby in the said County aged Seventy three years and about three months who being first duly sworn according to law cloth on his oath make the following declaration in order to obtain the benefit of the act of Congress passed June 7. 1832 That he was born at the Town of Kent in the County of Litchfield & State of Connecticut on the thirteenth day of July in the year 1759 according to the best of his information & belief that he believes there is a Record of his birth at the office of the Town Clerk of the said Town of Kent but he has never seen it and no record of his age that at the commencement of the war of the Rebellion during the whole period of the same he resided at the said Town of Kent in the County of Litch- field & State of Connecticut aforesaid That he entered the service of the United States under the following named officers and served as hereinafter stated
That in the beginning of the month of April in the year 1778 he enlisted at Kent aforesaid into the Army of the United States to serve for the term of one year in a Company in which Captain David Umstead was Cap- tain Lewis Mills was Lieutenant in the

2nd P. Regiment commanded by Col Ennis in the Troops called the Connecticut New Series and served a full year in the said Compa- ny & Regiment as a private soldier and was discharged at West Point on the Bank of the Hudson River in the State of New York in the former part of the Month of April in the year 1879 but received no written discharge That some time in the month of April as he believes about the 20 th after his said enlistment he joined the said Regiment under Col Ennis at Horse Neck on Long Island Sound that the said Regiment remained at Horse Neck as he now recollects about three weeks after he joined it then marched to the New Jets near New York and remained at that station about three weeks then marched to White Plains in the State of New York and after about one month marched to West Point on the west Bank of the Hudson and continued there in the Service till the expiration of said Term of Service that he saw & recollects Gen Poor at White Plains also Col. Meigs who commanded a Regiment of Continental Troops at White Plains. That at West Point he was employed with the other soldiers of his Regiment building Fort Putnam till the commencement of the winter, was not engaged in any battle
That he was also engaged as a volunteer soldier in the month of September in the year 1879 that he entered at Rint in a company commanded by Capt Abraham Fetter Lewis Mills Lieut in a Regiment of Connecticut Militia com- manded by Col Conforti & marched from Rint to Fish Kill in New York that after remaining there

End P-
about ten days or two weeks the British Fleet passed up the Hudson when the Regiment of Col Canfield marched after it up the River to Poughkeepsie Rhinebeck and Red Hook where the Fleet anchored that when the Fleet descended the River the said Regiment returned to Fish Kill where he was discharged about the first of November 1777 but got no written discharge This term of Service contained six weeks or more That at another time when Fort Montgomery was taken the year he does not recollect he volunteered at Kent in Captain Sellers Company of Col Canfield's Regiment for a tour of Service & March towards Fort Howl- gomery and on arriving within about 2 or 3 miles of that Fort where they learned that the Fort had been taken by the enemy the said Company then marched to Fish Kill joined the Regiment under Col Canfield then marched down with the said Regiment to a place called the Three Barracks on the British lines where they remained a month or more when he was discharged at the last mentioned place Having served at this time six weeks he did not receive a written discharge That he was called on at several other times & volunteered for short tours of duty and performed the same during the war of the revolution amounting as he only believes to three months in addition to what he has before stated. That in the Spring of the year 1777 he hired one George Curtis of Kent as a substitute who entered & served as such sub- stitute in the Continental Army during the said term of three years that at the close of the said war he resided at Kent till about February in the year 1786 when he removed

to Monkton in the County of Addison and State of Vermont where he resided about seven years then removed to Charlotte in the State of Vermont where he resided six years then removed to his present place of residence which is in the Town of Westville in the County of Franklin & State of New York where has ever since con- tinued to reside but when he came there and until within about three years his residence was in the Town of Constable which Town has been divided & part called Westville That about the year 1820 or 1821 he made an application for a pension under the act of 18 th March 1818 that his papers were then forwarded to the War Department with sever- al affidavits to substantiate his claim which papers were retained at the War Office as he is advised by a letter which is hereto annexed that he has no documentary evidence and that he now knows of no person whose testimony he can procure who can testify to his service
He hereby relinquishes every claim 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 John H. Russell Dep. Clerk
Barnabas Berry
We Asa Haskell residing in the town of Malone in the County of Franklin & State of New York and Samuel D. Nains residing in Constable in the said County & State hereby certify that we are well acquainted with Barnabas Berry who has subscribed and sworn to the above declaration

that we believe him to be seventy three years of age that he is respected & believed in the neighborhood where he resides to have been a soldier of the Revolution, and that we concur in that opinion
Isaac Hascall
S. P. Nims
Subscribed & sworn to in open Court Oct 11th 1832
John H. Russell Dep. Clerk
N.B. on the first page the word "has" interlined - on the third page the word "when" & "said" erased - and on the last page the words "in the State of Vermont" interlined - all done before signing - And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrog- atories prescribed by the War Department, that the above named applicant was a revolutionary soldier and served as he states - And the Court further certify, that it appears to them that Isaac Hascall, who has signed the preceding certificate, is a resident of the Town of Malone in said County of Franklin and that Samuel P. Nims who also signed the same, is a resident of the Town of Conesville in said County, and are credible persons, and that their statement is entitled to credit -
I John H. Russell Deputy Clerk of the Court of Common Pleas in and for the County of Franklin Do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Barnabas Perry for a pension -
In testimony whereof, I have hereunto set my hand and affixed the seal of the said Court the 17th day of October one thousand eight hundred and thirty two -
John H. Russell Dep. Clerk

State of New York & I John H. Russell Deputy Clerk Franklin County ss of the County of Franklin aforesaid
Do hereby certify, That James G. Dickey before whom the annexed Affidavit of this Man purports to have been taken was at the time the same purports to have been taken, a Justice of the peace in and for the said County, duly appointed and sworn - And further, that the name "James G. Dickey" subscribed to the said annexed affidavit and the certificate thereunder written, was proved to me, by satisfactory evidence, to be the proper hand writing and signature of the said Justice and genuine - The word "been" interlined -
In testimony whereof, I have hereunto set my hand and affixed the Seal of the said County the 14th day of May - D 1833 -
John H. Russell Dep. Clerk

State of Vermont } Grand Isle County }
Notary Public office at Grand Isle in the County of Grand Isle & State of Vermont I Dennis Hatch of Grand Isle in the County of Grand Isle and State of Vermont of lawfull age testify and say that my brother Barnabas Berry aged fifty nine years now living in the Town of Constable and State of New
York did enlist as a soldier in the continen- tal army for the term of one year during the revolutionary war between Great Britain and the United States of America and that he the said Barnabas did march from his Fathers house to join the army of the United States further the Dependent saith not
Dennis Hatch
Notary Public office as above former- ly appeared Dennis Hatch signer of the above deposition and made solemn oath that the above deposition by her subscribed contains the truth and nothing but the truth and I Judith Hyde J. D. Notary Public within and for the County of Grand Isle do certify that she is a woman of truth and veracity and in whose oath implicit confidence is put
Given under my hand and seal of office at Grand Isle this fourth day of January in the year of our Lord the one thousand eight hundred & twenty
Attest Judith Hyde J. D. Notary Public

I Lemuel Berry of Lanesboro Age testify and say that I was well acquainted with Barnabas Berry of Hart Litchfield County and State of Connecticut & was acquainted with his enlistment in the Army of the United States in the Year 1778 & that he was gone thro' the Summer. Sometime after he enlisted I went to West Point where I saw him in the Army of the States & it was my understanding that I Lemuel Barnabas served the length of time for which he enlisted but of this I am not certain & further the Deposition says not. Salisbury Oct. 11 th 1821
Lemuel Berry
Litchfield County to Salisbury Oct. 11 th 1821
Personally appeared Lemuel Berry Signer of the foregoing Deposition and made solemn Oath that the same contained the truth the whole truth and nothing but the truth before me
Martin Strong One of the Judges of the Court of Common Pleas for the County of Litchfield

State of New York
Franklin County ss & Alrie Mun of the
Town of Westville in said County being duly sworn before the undersigned Justice of the Peace deposes and saith that according to the best of his knowl- edge and belief he is sixty years of age that he was born in Kent and during a part of the war of the revolution resided at Kent in the County of Litchfield & State of Connecticut. That he then knew Barnabas Berry named in the within & annexed Deposi- tions who then resided in the said Town of Kent and now resides in Westville in which last named Town he this Deponent also resides. That he now recollects that during the war of the revolution the said Barnabas Berry went from home as a Soldier several times and once in particular about the time of the capture of Genl Burgoyne. And this Deponent further saith that he was then and has since been well acquainted with Lemuel Berry Nathaniel Berry and Dennis Hatch whose Deposi- =tions are within and are hereto annexed and that he knows the said Lemuel Berry Nathaniel Berry and Dennis Hatch to be persons of good standing and character and credible as witnesses. Alrie Mun
Subscribed and sworn before me this 2 nd Day of May 1833.
James G. Pickering Justice of the Peace
and I certify that I am well acquainted with Alrie Mun the above named Deponent that he has been a Major General of Militia & is now a Justice of the Peace and a credible witness James G. Pickering J.P.

I Nathaniel Berry of the of Lawful age testify and say that I was acquainted with Barnabas Berry when he enlisted in the Army of the United States in the Year 1778 The length of time he en- -listed for I am not certain I know that it was for as long a time as Nine Months & my impres- -sion is that it was for One Year & further the Deposition says Not Salisbury Oct r 17 th 1821
Nath l Berry Jr
Litchfield County ss Salisbury Oct r 17 th 1821 Personally appeared Nathaniel Berry & swore the foregoing Deposition & made their Oath that the same contained the truth the whole truth and nothing but the truth before me
Martin Strong One of the Judges of the Court of Common Pleas for the County of Litchfield
I certify that the above named Martin Strong is a Judge as above named & that his name signed to the attestation of the preceding affidavits is in his proper hand writing April 29 th 1822
Israel Sterling Member of law group

Rev. has
12.186 INVALID.
File No. 12.186
Barnabas Berry Dis. Rev. War.
Act: June 1 st 32
Index:—Vol. 2 , Page 29
[Arrangement of 1870.]

Barnabas Berry =
46. 41 264 1130
Asa Watson Maine

BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of
Barnabas Serry
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? Not mentioned
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? No
no allowance can be made for any service which is not circumstantially set forth as the regulations require. The
VI. Has he given the names of the officers under whom he served, in conformity with the regulations? also benefit of the act entitles to the substitute himself
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
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

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? Yes 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? X Has the official character and signature of the magistrate been certified by the proper officer under his seal of office? 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? No XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered?
 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."
The depositions in support of his former application are enclosed for the purpose of having their credibility certified &c

It is important in all cases to determine with precision the period for which the 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 official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
QUERE XVI.  Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticated 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 end 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.

Ex'r.
INVALID.
NO. 792
RECEIVED
Acts of July 14, 1862, and March 3, 1873.
Barnabas Perry
P. O. _____
Service: _____
Enlisted: _____, 18
Discharged: _____, 18
Application filed: _____, 18
Alleges: _____
Re-enlisted: _____
Attorney: _____
P. O. _____

Barnabas Berry, Affid. 775
28 April - 1818
Col. Enos's Regt
(new levies) 792 1778 - 1 year
New York. Poly
Rejected
Col. Enos was not on the Continental es- tablishment. -
6 th May 1822
after ordered to move service -
affidavit taken out & sent to Clement 4 th Apr 1833 -
W D Cuyler Apr. 6 th 33
351 217

STATE OF New York Franklin ~ COUNTY, ss. S
On this twentyeighth day of April A 181 8 , before me the sub- scriber, one of the Judges of the Court of Common Pleas of the county and state aforesaid: Personally appears Barnabas Berry aged fifty seven years, resident in Coonamble in the said county and state, who being by me first duly sworn, according to law, doth, on his oath, make the following declaration, in order to obtain the provision made by the late act of Congress, entitled "An act to provide for certain persons engaged in the land and naval service of the United States in the revolutionary war:" That the said Barnabas Berry in May 1778 enlisted in Hent in the state of Connecticut in the company commanded by Captain Umstead of the new Liv. & Col. 8 th no. 1 Regt ; that he continued to serve in the said corps, or in the service of the United States until the end of one year by himself or Brother in his stead when he was discharged from service in Hent & said Coonamble state of Connecticut that he was in the battles of Nosvilly & that he was permitted to remain at home after the death of his Brother and that he is in reduced circumstances, and stands in need of the assistance of his country for support; and that he has no other evidence now in his power of his said services.
Sworn to and declared before me, the day and year aforesaid.
Albon Man First Judge of C. P. Pleas in said County
Barnabas Berry
Note The above Deposition is a person to me well known a doubt have not of his validity But whether the new Liv. & Col. of Connecticut was on the Continental establishment is to me unknown the importance of his being favoured by his commanding officer after the death of his Brother which was occasioned by the service done in his stead for a short time before his Brother's death & this by approved consent is perhaps not so material as the above deposition was the person enlisted & was honorably dismissed at the end of the year & was paid for a full year service I have taken his affidavit as above & transmit it at his request
Albon Man First Judge
I Albon Man First Judge of the court of
Common Pleas of the county of Franklin and state aforesaid, DO CERTIFY, that it appears to my satisfaction, that the said Barnabas Berry did serve in the revolutionary war, as stated in the preceding declaration, against the common enemy; and I now transmit the proceedings and testimony taken and had before me, to the secretary for the department of war pursuant to the directions of the aforementioned act of Congress.
The said B. Berry is indigent circumstances & needs the assistance of his country for support Coonamble 25 th April 1818
Albon Man First Judge
[E. S.]
State of New York Franklin county ss.
I Asa Wheeler Clerk of said county do hereby certify that Albon Man before whom and at the time when the above affidavit & certificate were made was first Judge of the Court of Common Pleas in Franklin county aforesaid duly commissioned & sworn, and acts in that capacity under the laws of the said State, and that his signature above, are his own hand writing.
In testimony whereof I have set my hand and the public seal of the said county this 2 nd day of March 1818 at Malone in said county
Asa Wheeler Clerk

BOUNTY LAND WARRANT RECORD CARD*
NAME Berry, Bartholomew GRADE Private LINE Pennsylvania
WARRANT NUMBER 8940 ACREAGE 100 ISSUED May 22, 1793 To — not shown —
*The information concerning the issuance of warrants carded on this form is found in volumes 2 to 4 of "Land Warrants Issued Prior to 1800" which are registers of bounty land warrants issued to non-commissioned officers and privates under congressional resolutions of September 16, 1776, and subsequent dates. Other records relative to the applications for warrants appear to have been destroyed in the War Department fire of November 9, 1800. Information concerning warrants surrendered to the Federal Government is to be found in General Land Office records in The National Archives.