Revolutionary War Pension and Bounty Land Warrant Application File S. 12215, Noah Biglow, Mass.

SERVICE
NUMBER
Mass.
Biglow, Noah
S 12215
CONTENTS
heard

Letter to G. T. Yates Esq Feb 17 1843 letter to letter Feb 28 1843
14630
New York
Noah Biglow of Livingston in the State of N York who was a private in the Comp y . commanded by Captain Holbrook of the Reg t commanded by Col Shepherd in the Mass line for 17 Months 16 days
Inscribed on the Roll of New York at the rate of 58 — Dollars 41 — Cents per annum, to commence on the 4th day of March, 1834.
Certificate of Pension issued the 6 th day of June 1833. and sent to A. M. Willey Genesee Livingston Co. N. Y.
Arrears to the 4th of March 1833. $116.82 Semi-ant. allowance ending 4 Sep 1833. 29.20 $146.02
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by George Taylor Clerk, Book 8 Vol. 4 Page 15

Noah Beglow Applicant for a pension
24619

State of New York
Livingston County ) ss Elisha Randall of the town of Yorktown in the County of Dutchess in the said State of New York being duly sworn before Ogden M. Willey a justice of the peace of the said County of Livingston being duly sworn deposeth and saith that he is well acquainted with Noah Biglow of the town of York in the said County of Livingston and was acquainted with him during the revolutionary war. that this deponent enlisted for the term of six months and served as a private during said term in the Massachusetts line in the Fourth regiment commanded by Col. Shepard and in the Company commanded by Capt. Holbrook. in the Continental army, the principal part of said term at West Point at which place he was dismissed at the expiration of the term of his enlistment. And this deponent further saith that he well recollects that the above named Noah Biglow served as a private in the same Company above named the whole or some part of the said term of six months and that he continued in the service after this deponent was dismissed and further this deponent saith not
The words "being duly sworn" erased before the word "deposeth"
Subscribed and sworn this 3 d day of August 1832 before me Ogden M. Willey Justice of the peace Elisha Randall
I have not heretofore been acquainted with the above named Elisha Randall, but during the present interview, he has appeared to me to be a man of great candor and considerable intelligence and has manifested a desire to state the truth according to his knowledge, and I have no doubt but that he is a credible witness. Geneseo August 3. 1832 D. M. Willey Justice of the peace
from them in the fall. he marched with the regiment

State of New York Livingston County
Chauncy R. Bond Clerk of the said county do certify that Ogden M. Willey Esq before whom the within affidavit purpor- ts to have been sworn and also whose signa- ture appears to the within certificate of credibility was at the time of the date of the
same a Justice of the Peace in and for said County
And that I am well acquainted with his hand writing and verily believe that his name subscribed to said affi- -dit and certificate is his own proper hand writing and signature
Witness My hand and seal of office this 24 th day of September 1832
Chauncy R. Bond by S. G. Haverdick

Declaration in order to obtain the benefit of the act of Congress of 7 th June, 1832
State of New York, County of Livingston } ss.
On this twenty fourth day of September in the year of our Lord one thousand eight hundred and thirty two personally appeared before the Court of Common Pleas of the County of Livingston aforesaid now sitting Noah Biglow a resident of the town of Leicester in the said County of Livingston and State of New York aged sixty six years on the twenty ninth day of June last past, 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 one thousand seven hundred and eighty one and according to his best recollection in the month of July of that year and during the season of playing - that he served in the fourth regiment of the Massachusetts line under the following named Officers:- at the time this applicant enlisted, Colonel Shepard had the command of the said regiment which belonged to Glover's brigade. but some time before he was discharged the command of the regiment passed from Colonel Shepard to Colonel Jackson. that Captain Holbrook had the command of the Company to which this applicant belonged. that the adjutant's name was Tupper, that when he entered the service one Chapin was the orderly sergeant. and when he was discharged one McClollin held the same office. that this deponent resided in Falmouth in the State of Massachusetts at the time he enlisted, but he enlisted at a place in that state which he thinks was called Billerica and he first passed muster at Boston - that immediately after enlisting this applicant proceeded to join the above mentioned regiment at Verplank's Point on the Hudson river in the state of New York where said regiment then lay - from thence he marched with said regiment to West Point. from thence in the fall, he marched with the regiment

to New Windsor in the State of New York where the regiment took up Winter quarters. In the following Spring he returned with said regiment to West Point and the same regiment together with the fifth Massachusetts regiment immediately proceeded to the Highlands near the last mentioned place where they remained until the next fall, and from there this applicant went with his regiment to the City of New York where he remained about six weeks, from there he returned with his regiment to the Highlands, where he received from Colonel Jackson a discharge about the middle of January one thousand seven hundred and eighty three, which discharge he has lost.
He hereby relinquishes every claim whatever to a pension or annuity except the present, and he declares that his name is not on the pension roll of any agency in any state.
Sworn to and subscribed, the day and year first aforesaid in open Court S. G. Heaven Dep. Clk.
And the said Court do hereby declare their opinion that the above named applicant was a revolutionary soldier and served as he states.
I Chauncy R. Bond Clerk of the Court of Common Pleas of the County of Livingston in the State of New York, do hereby certify, that the foregoing contains the original proceedings of the said Court in the matter of the application of the above named Noah Biglow for a pension.
In testimony whereof I have hereunto set my hand and seal of office this twenty fourth day of September one thousand eight hundred and thirty two.
Chauncy R. Bond Clerk by S. G. Heaven Dep. Clerk

24. 619 Noah Biglow. Livingston Co New York.
O. M. Willey Geneseo. Livingston Co. New York.

WAR DEPARTMENT,
Pension Office,
183
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 subjjoined 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 Noah Biglow Livingston Co New York.
   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.     July 1781 1 5 16 Priv Col. Shepherd " Jackson Capt. Holbrook 66 years Pittsfield Mass to Witness E. Randall.  
I am, respectfully,
Your obedient servant,
J. L. EDWARDS,
Commissioner of Pensions.

REGULATIONS UNDER THE ACT OF JUNE 7, 1832.
The following regulations have been adopted:
This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army, and to include under the terms "Continental Line," "State troops," "militia," and "volunteers," all persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, &c., Teamsters, Boatmen, &c. Persons who served on board of private armed vessels are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service.
 Four general classes of cases are embraced in this law:  1. The Regular Troops.  2. The State Troops, Militia, and Volunteers.  3. Persons employed in the Naval Service.  4. Indian Spies. 
As rolls of the regular troops in the Revolutionary War exist in this Department, all persons claiming the benefit of this law as officers, non-commissioned officers, musicians or privates, will, in the first instance, make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides. And every Court having by law a seal and Clerk is considered a Court of Record.
DECLARATION,
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
State, Territory, or District of } ss. County of }
On this _____ day of _____ personally appeared (a) before A. B. a resident (b) of _____ and State, Territory or District of _____ aged (c) _____ years, who being first duly sworn, according to law, doth on his oath make the following declaration, in order to obtain the benefit of the provision made by the act of Congress, passed June 7th, 1832. That he enlisted in the Army of the United States in the year (d) _____, with _____ and served in the _____ (e) regiment of the _____ line, under the following named officers:
[Here set forth the names and rank of the Field and Company Officers; the time he left the service; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers;) the town or county and State in which he resided when he entered the service; the battles, if any, in which he was engaged, and the country through which he marched. [This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.]
He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of _____
Sworn to and subscribed the day and year aforesaid.
A. B. _____
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states.
I _____ of the Court of _____ do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of _____ for a pension.
In testimony whereof, I have hereunto set my hand and seal of office (i) this _____ day of _____ &c.
If, on examination of the proper record, the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out.
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz:
(k) We, A. B., a Clergyman, residing in the _____ and C. D. residing in (the same) _____, who has hereby certify, that we are well acquainted with _____, who has subscribed and sworn to the above declaration; that we believe him to be _____ years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.
Sworn and subscribed the days and year aforesaid.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that A. B. who has signed the preceding certificate is a clergyman, resident in the _____ and that C. D., who has also signed the same is a resident in the _____ and is a credible person, and that their statement is entitled to credit.
I, _____ Clerk of the Court of _____ do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of _____ for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this _____ day of _____ &c.
Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction.
If such surviving witness cannot be found, the applicant will so state in his declaration, (l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his alleged service, as they are known at the Department. A very full account of the services of each person

will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.
The Court will propound the following (m) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.
 1. Where and in what year were you born?  2. Have you any record of your age, and if so, where is it?  3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?  4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom?  5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services. 
6. { To a Soldier. { Did you ever receive a discharge from the service, and if so, by whom was it given, and what has become of it? { To an Officer. { Did you ever receive a commission, and if so, by whom was it signed, and what has become of it?
7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution.
The Court will see that the answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant.
The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons—one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion. If one of these persons is a Clergyman, the Court will so certify, and they will also certify to the character and standing of other persons giving such certificates.
The traditional evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party. And the Courts are requested to be very particular in the 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; 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 [j] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in note [j] applies to continental troops only.
[l] This traditional evidence is indispensable in militia cases.
[m] If a witness cannot be found, the declarant must state the fact.
[n] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.
Joseph Rowen

Perkins
12215 INVALID.
File No. 12,215
Noah Biglow Pr. Rev. Mass.
Act: June 7 th 82
Index:—Vol. a , Page 33
[Arrangement of 1870.]

Application of Noah Bigelow for full pay under act of 7 th June 1852
Agent G. H. Yates

State of New York County of Livingston ss.
Noah Bigelow of the town of Leicester in said County, aged seventy-seven years and upwards, being duly sworn, doth declare and say, that he is a pensioner of the United States under the act of 7 th June 1832, and receives an annual stipend of $58 40 / 100 . That he served in the year 1778 for (3) three months at Saratoga, & subsequently for three years until the end of the war in the 4 th Massachusetts Regiment comman- ded by Colonel Shepherd & Jackson, and in the Company commanded by Captain David Holbrook making in all a service of three years and three months at the least which he thinks is, or should have been duly set forth & proved by the papers on file in the office of the Commission of Pensions in the matter of his application for a pension under said act. Whereas, this Declarant receives payment for only about eighteen months of service rendered - and he hereby respectfully re- quests that his said papers may be reexamined & a full pension awarded to him, should the same be judged proper & he be adjudged to be entitled to the same as he conceives himself to be. Subscribed & sworn this 28 th day of Decr 1842, before me N. B. Bowman Justice Noah Bigelow

State of New York, Livingston County Clerk's Office 3 rd I Samuel P. Allen, Clerk of said County do hereby certify that Mervill S. Bowman Esquire, before whom the preceding affidavit purports to have been taken, was, at the time of taking such affidavit, a Justice of the Peace, of said County, duly elected and qualified, and that I am well acquainted with the hand-writing of such Justice, and certify that the signature of said Justice is genuine
In Testimony whereof I have hereunto set my hand and affixed my official seal this 29 th day of December 1842
Samuel P. Allen, Clerk

5 Aug 1843
Dr. C.
Noah Pigeon
J. Charles Gay Commr of Pensions Washington D.C.

Genesee N. Y. Oct 29: 1842
J. L. Edwards Esq Comm r of Pensions
Sir
While visiting this place I was called upon by Mr Noah Bigelow a pensioner under the act of 7 th June 1832, who represented that he served for more than three years in the Massachusetts troops, received a discharge & which is on file with his papers. That he received pay for less than 18 months service is probably owing to the imper- fect manner in which his services have been set forth. The old gentleman is highly recommended by Col. Cuyler of Cuylerville & other principal inhabitants in these parts or I would not now trouble you with this application.
I am very respectfully Yours etc. Sir
G. H. JAMES. of Albany N.Y.