Revolutionary War Pension and Bounty Land Warrant Application File R. 1304, Israel Brown, New York

SERVICE
NUMBER
New York
Brown, Israel
R.1304
NC
CONTENTS
See 1704 in Washington County New York. But 1704 is in the town of Harnady N.Y. See 1704 in Washington Co. N.Y.

In the Matter of Israel Brown Revolutionary Soldier. Declaration for a Pension

State of New York } Washington County } ss
Israel Brown of Fort Ann County and State aforesaid being duly sworn according to law deponeth and saith that he has made diligent enquiries and used every effort in his power to procure testimony of his services as a Soldier in the revolutionary Army and he has not been able to find one individual alive and now living that knew him in the service that he is satisfied and verily believes there is not one living that was in the Revolutionary Army with him and he further saith he has made a declaration for a pension hereto annexed which has been returned for further proof and that he has exerted himself and employed others to find living proof but in vain In this declaration further saith he did actually and positively serve and perform the duties of a Soldier as set out in his declaration for which he feels he is entitled to a pension Subscribed by making his mark in consequence of age & infirmity Israel his Brown Mark and I swear before me this 28 th day of January 1834 I also certify that I am acquainted with Israel Brown and that he is a man of truth and veracity
John Moppa Judge of Washington County Courts
State of New York } Washington County } ss
I Jesse S. Leigh Clerk of the said Court do certify that John Moppa before whom the preceding affidavit purports to have been sworn was at the date of the same one of the Judges of Washington County Courts in and for said County and that I am acquainted with his hand writing and verily believe his name subscribed to the affidavit to be his proper hand writing and signature witness my hand and Seal of Office this 31 st day of January 1834 J. S. Leigh C.R.

I John Mott a Judge of Washington County Courts do hereby certify that I am personally acquainted with the fact that suitable exertion has been made to procure proof of the services of Israel Brown this claimant. — it appears that there are none that survived him none living that belonged to the same Company once out in Service at the same time — I further certify that I have no doubts of the services being rendered as he states in his declaration and it is not surprising that he cannot find one living witness
Given under my hand Feb y 1 st 1834
John Mott

state of New York } Washington County } ss
On this Third day of June A.D. 1833 personally appeared before me John Hoss one of the Judges of the Court of Washington Common Pleas Israel Brown a resident of the town of Fort Ann County of Washington and State of New York aged Seventy eight years on the twenty eight day of September 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 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 That while he lived at Crown Point now the County of Essex and the State of New York he volunteered in the State troops or Militia and entered the Service under the Command of Capt. Barrham does not remember the names of the Lieut and Ensign, that he drew his arms and was stationed at Crown Point as a Guard that in the Month of April A.D. 1775 he first entered the Service & he remained there under arms performing both duties until in the Month of June when he was discharged. and he further says
2 Mo he did the duty of a private Soldier two Months --
and this declarant saith there were but few men there only about enough to keep Garrison does not think he was under the command of any particular Colonel - well remembers of seeing Gen Allen and Col Warner & Col Major Arnold there during this time of Service cannot say that there were any other Officers than that there were several there from Ticonderoga coming and going with the Officers and men but does not remember their names
That while he lived in the town of Fredericksburgh now Patterson was then the County of Dutches now County of Putnam in the State of New York and in the Month of October A.D. 1776 he was called out on an alarm and entered the Service under the command of Capt. Hock - Lieut Fuller and Ensign Peter Smith the first Sergeant name was Carley and he was marched to Peekskill in Col. Henry Ludenton Regt where he was stationed and remained there half a month when he was discharged That he served and did his duty half a month as a private Soldier
1/2 Mo

This deponent further saith that while he lived in the town of Frederickburg aforesaid and in the Month of May A.D. 1777 he volunteered and engaged in the New York Militia or State Troops for eight Months and entered the Service under the command of Capt Comfort Leeclinton - That he does not recollect the names of the Lieut and Ensign thinks however the Lieut name was Calkins although their names were familiar to him once but by the loss of Memory he has forgot that there were no Regimental Officers he was stationed as a Guard at Frederickburg two months during which time he was sent out on to the Fishkill Mountains and other places that he took three men in Suspicion of being Tories and marched them to Poughkeepsie for trial and returned and he was marched to West Point and joined a Regiment commanded by Col Leeclinton - does not recollect other officers of the Regt - when he was stationed was then when the British came with their Shipping that they failed against the Chain that was across the river and the second time they came against they broke the Chain which he thinks was in Astoria that the British went up and burnt at Esopus and then returned back to New York at that time information came that Burgoyne was taken he then was marched to Frederickburg where he was stationed and was employed as a Guard and was marched to several places as necessity required does not recollect distinctly every place he was sent to he remained then in the Service until in January A.D. 1778 when he received a written discharge signed by his Capt he thinks that it is lost and gone from him this deponent says he served and did his duty faithfully eight
8 M o
Months That there were a very large number of Officers and Troops he saw in this campaign but cannot recollect their names either Officers or Continental or Militia Regiments
That while he lived in the town of Frederickburg aforesaid and in the Month of June he thinks 1778 the Militia was called out in Mass and he entered the Service under the command of Capt David Hovey Lieut Calkins - cannot recollect the Ensign's name thinks his name was Hovey In Col Leeclinton Regiments does not remember the other Officers names and

he was marched to Teks Kill when the Enemy had been committing some depredation when he remained two weeks according to the best of his recollection and was discharged by parole - also in the Month of October in the Summer 1778 the Militia was again called out in Mass and he entered the Service under the same Officer last mentioned and he was marched to Teks Kill where he arrived the enemy had returned and he was retained and in about fifteen days when he was discharged and returned back This declarant saith he served in both the above times and performed the duty of a private Soldier one Month That he saw other troops but does not now know them names
That while he lived in the town of Fredericksburgh aforesaid and in the Month of April A.D. 1779 he volunteered and engaged in the New York State Troops for eight Months and entered the Service under the command of Capt. Lunderdon. That the names of the Lieuts and Ensigns whose names are now forgotten but now their names are entirely gone from him he was marched to Fish Kill where he remained a few days and he was marched to the Highlands where he was Stationed and was engaged in building a Fort digging entrenchments and raising breast works after which he was marched to Teks Kill and Stationed and remained until in the Month of December his time expired and he received a written discharge signed by his Captain which is now lost and he cannot tell what has become of it he further says there were several of his Neighbors who joined the enemy and were Tories which made life uncertain as they were taking every advantage and committing those wicked designs. Leading the enemy into the Country. That there was no other Safety but to be under arms and in the Army This declarant further says he served and did his duty faithfully eight Months as a private Soldier
That while he lived in the town of Hartford County of Washington and State of New York and in the last of May in the first of June A.D. 1780 he volunteered and entered the Service in the New York Militia under

1 M o
The commission of Capt. Pitch Peter Sherwood Lieut. Pitcher does not recollect the name of the indigen and he was marched from Sandy Hill to Lake George and was stationed as a Guard and remained there until in the Month of July when he was discharged by reason that he did his duty as a private soldier one Month and for the above Services he claims a pension -
That there were some Militia from Stillwater, Cambridge & other Troops that there was no Col. commanding as near as he can recollect
This deponent further saith that for two years he has been troubled with disease and with fits which has affected his memory and injured his recollection that these things which was of the most important he seldom can bring to his recollection also that he is still in his declaration the names of his Affairs and circumstances of his Service as near as he can recollect - That he is so infirm he is not able to attend the Court of Common Pleas or any other Court of record that he has been confined mostly in the house for three years
That he has no documentary evidence and that he knows of no person whose testimony he can procure who can testify to his Service
That there is no Clergyman residing in the vicinity who is acquainted with him and could testify
 1 That he was born in the town of Stonington in the State of Connecticut in the year 1754 -  2 That he has no record of his age he had one in his Family bible but he has lost the not got it in his possession  3 That he was living when he entered the service in the town of Crown Point or Fredericksburgh - Hertford and that he has been living since the revolutionary war in the town of Fort Ann where he now lives and has lived fifty two years  4 That before when he was called into the Service he volunteered 

5 That he cannot state more distinctly the names of Officers Continental or Militia Regiments or give a more general circumstances of his Service than he has stated in the body of his declaration
6 That he received two written discharges at two separate times Signed by Capt. Lucanton and that both of them are lost
7 That he is known in the Neighborhood where he resides to Luther Blinn, George Clark, Lemuel Hastings, Israel Lamb John Hillebert Henry Thorne
and many others who can testify to his character for veracity and their belief of his Services as a Soldier of the revolution 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 the any State or Territory
Sworn and Subscribed } The day and year aforesaid }
His Israel X Brown Mark
Made his Mark on account of infinity John Moss Judge of Washington County Courts We Henry Thorne residing in the town of Nuttown and John Hillebert residing in the same Town and hereby certify that we are well acquainted with Israel Brown who has Subscribed and Sworn to the above declaration that we believe him to be Seventy eight 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
Henry Thorne
John Hillebert
And I the Said Judge hereby declare my Opinion after the investigation of the Matter and after putting the interrogatories Interrogatories prescribed by the War Department. That the above applicant was a revolution ary Soldier and served as he states and I the Said Judge further certifies that it appears to me that Henry Thorne who has Signed the foregoing certificate is a resident in the Town of Fort Ticonderoga and that John Hillebert who has

also Signed the Same is a resident in the same town of Fort Ann and that they are respectable and credible persons known to me to be such and that this State is entitled to credit and I the said Judge also certify that Israel Brown the above applicant is so informed that he could not attend any of our courts of Record
State of New York } Washington County } ss
John Mott Judge of Washington Com. Pleas
I Jesse S. Leagh Clerk of the said County do certify that John Mott before whom the above Declaration and proceedings were had in the matter of the applica- tion of Israel Brown for a pension also before whom the several affidavits of Luther Blivin Samuel Hastings George Clark and Elisha Brown purports to have been sworn was at the date of the same one of the Judges of Washington County Courts or the Court of Common Pleas in and for said County That I am acquainted with his hand-writing and verily believe his name subscribed to the said Proceedings and Affidavit to be his proper hand writing and Signature Witness my hand and seal at my Office this twelfth day of June 1833
J. S. Leagh C.R.

State of New York Washington County
We Luther Blinn Samuel Hastings George Clark & Elisha Brown being duly sworn according to law depose the one to the other that they have been acquainted with Israel Brown for more than thirty years and that we have for several years past heard him give his statements of his services and the particular circumstances his General Campaign and that for three years past he has been severely afflicted with disease in such a manner as to impair his Mental faculties and it is without hesitation we can say his Memory or mind is not so clear as it has been - That from the history we have heretofore heard him relate we believe his statement so far as he has given it in his annexed declarations is correct and true - That he has also always and does sustain a reputation good for truth and veracity and that he is believed in the neighbor- -hood where he resides to have been a soldier of the revolution and we have never have heard any one doubt it or say any thing to the contrary
Sworn to and subscribed
This 3 rd day of June 1833
before me - and I hereby
certify that I am well acquainted
thoroughly who has signed the above
affidavit and that their character
for truth and veracity are good
and that they reside in the neighborhood
of Israel Brown
Luther Blinn Sam l Hastings George Clark Elisha Brown
John Mott a Judge of the Washington County Courts in Court of Common Pleas
I am well acquainted with the above named Israel Brown, he has ever been esteemed as a man of truth and veracity and reported to have been a revolutionary soldier.
Sandy Hill June 18. 1833
Nath l C. Pritchard L.M. Co.

Children of Israel Brown of N.Y.
Rev. Claim.
act. June 7. 1832.
J. Woodward Atty.
Coole
Dec 16-1852
M c Woodward Atty

State of New York
County of Washington } ss: Be it known that on the 17 th day of November A.D. 1852 before the subscriber a Justice of the Peace in and for said County personally appeared Elisha Brown and made oath according to law that he is the child of Israel Brown deceased, widow of who was a private in (who was an Officer of the War of the Revolution) and a Pensioner at the rate of $ for services; that he has reason to believe that the said pension ought to be increased, and that he is directly interested in the same, and makes this Affidavit to be filed by his Attorney with any additional evidence or arguments he may deem necessary in the prosecution of said claim. Sworn and Subscribed the day and year last above { mentioned before me
Elisha Brown
Geo. W. Thorne Justice of the Peace
State of New York
County of Washington } ss: Be it known that before the subscriber a Justice of the Peace in and for said County personally appeared Elisha Brown who being duly sworn according to law doth depose and say he is the child of Israel Brown deceased, widow of who was a private in (who was an Officer in the War of the Revolution) and a Pensioner of the United States at the rate of $  for services that he now makes this declaration to recover any increase and arrears of pension that may be due on account of the services of Israel Brown as aforesaid, for the benefit of himself and Israel the said child, under any Acts or Resolutions of Congress applicable to the case. Sworn and Subscribed this 17 th day of Novr. 1852 { before me
Elisha Brown
Geo. W. Thorne Justice of the Peace.
Prints Know all men by these presents, That I Elisha Brown child of Israel Brown deceased, widow of (who was an Officer in the War of the Revolution) do hereby constitute and appoint J. Douglas Woodward Plattsburgh N.Y. my true and lawful Attorney for me and in my name to prosecute any claim to any increase and arrears of Pension that may be found due on account of the services of said Israel Brown — as aforesaid; and I hereby authorize my said Attorney to examine all papers and documents touching my claim, on file in the Departments at Washington or elsewhere; and file any additional evidence or arguments he may think proper to ensure the recovery of the same.
Witness my hand and seal this 17 th day of { Elisha Brown November 1852
Signed and sealed in the Presence of Witness Geo. W. Thorne Witness H. H. H. H.

State of New York County of Washington } ss:
On this 17 th day of November A.D. 1852 before the subscriber a Justice of the Peace in and for said County personally appeared Elisha Brown and acknowledged the foregoing Power of Attorney to be his act and deed.
In Testimony Whereof I have hereunto set my hand the day and year last above mentioned
Geo. W. Thorne Justice of the Peace.
State of New York County of Washington } ss:
Be it known that on the 17 th day of November A.D. 1852 before the subscriber a Justice of the Peace in and for said County personally appeared Elisha Brown
P. Briggs
two disinterested and respectable witnesses, and made oath according to law that they were well acquainted with Israel Brown deceased. widow of (who was a private in an Officer in the Revolutionary War) and that Elisha Brown & Jollaman Brown Phoebe Wetherbee. Aphie Root Sally Ward are their only surviving children. And that the said Israel Brown - departed this life on the on about the 16 th day of November A.D. 1839.
Sworn and subscribed the day and year last - Elisha Brown P. Briggs above mentioned, Before me E. Root
Geo. W. Thorne Justice of the Peace
I Henry Shiphead Clerk of Washington Court in the County of and State of New York do hereby certify that George W. Thorne Esq before whom the foregoing papers were executed, was at the date of the same a Justice of the Peace in and for said County duly authorized by law to administer oaths; and his name thereunto subscribed is his genuine signature. In Testimony Whereof I have hereunto set my hand and affixed my Official seal this 18 th day of Novr. A.D. 1852.
H. Shiphead Clerk

No 25727 Israel Brown Washington County New York
Suspect
Letter to H. C. Martindale Aug. 15. 1835.
Hon. H. C. Martindale
Mr. Mop Sandy Hill, Washington County New York

WAR DEPARTMENT,
Pension Office,
Aug. 10 1835
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. These 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, showing the Service of Israel Brown Washington County 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.     Vol. April 1775 — 2 — private Capt Barnham, Col. Allen & Col. Warner 78 years Brown Point Traditionary evidence, papers correct   Called out 1776 — — 15 " Capt Houch, Colonel Lydenton New York   Vol. May 1777 — 8 — " Capt Lydenton, Col Lydenton   Called June 1778 — 1 — " Capt Houch, Col Lydenton   Vol. April 1779 — 8 — " Capt Lydenton   Vol. June 1780 — 1 — " Capt Sherwood  
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 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
There are so many surviving soldiers, who gave under the same service an unsearchable proof

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.
[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.
[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.
Officers who declare that it cannot be admitted that his

1304
RECORDED
P. O. Israel Brown
Service: _____
Enlisted: _____, 18 .
Discharged: _____, 18 .
Application filed: _____, 18 .
Alleges: List of suspended claims printed in 1852, shows cause
Re-enlisted: of suspension as follows: suspended for proof and specification.
Attorney: _____
P. O. _____
_____ Recognized. _____ Contract.
_____ Cert. of Dis. Searched for _____, 18 .

25727
New York
Israel Brown Suspended
Sett 15 June 1835 to Hon H. C. Martindale
1304
X

Hon H. C. Martindale
Sunday hill 12 th 1834
Sir
M r Israel Brown who has resided in the town of Fort Ann ever since the close of the Revolutionary War which is more than fifty years and rising of one hundred miles from where the most of his services were performed in the War and during the revolutionary struggle - Now the Department concede that "Traditionary evidence and papers are correct" and then say they at the foot of the printed sheet as an objection -
"There are so many surviving soldiers who served under the same officers with the  us  that  it cannot be admitted that any one  is  more  likely  to  be  more  reliable  than  as  proof  of " Referring to "Every applicant will produce the best proof in his power" - here I would remark if the department would inform us who these surviving soldiers are and where they live that served under the same Officers and at the same Campaign it would be placing this applicant in a situation that he might prove proof but to leave him with this general remark and thereby reject his claim appears like being very indifferent to his application. Was this the object of Congress in passing the Pension law to turn off old Revolutionary soldiers by mere suggestion and this can be nothing more - I would refer you to the letter written by Lewis Cope Secretary of War in answer to a letter directed to him dated June 15-1832 and is found  and is found in a pamphlet containing all the rules of procuring Pensions with the law of Congress passed June 7, 1832 I allude to that portion where it commences "The case of the Militia service is however different &c" the whole section - which places the Militia in a situation to prove their claims by Traditionary evidence in the absence of all other, as there are no rolls of the Militia in this State and  then it would be hard to say to any one he must prove his services and suffering by positive proof - this was not contemplated and the department has acted on different and more liberal terms as it should do but this applicant has produced the best evidence in his power
The same remark as to Samuel Hemenway will also apply in this case and these remarks will apply in his case except his age - Now why should these two men be set as a mark and excluded when others perhaps not so worthy are pensioned. As I do cordially believe they are both as worthy of their pension as any other of  of your friend John Mott

to me that unless there are particular prejudices against their applicants he must be admitted - this is or ought to be a country of equal rights
Should the department require any more traditional evidence it can be procured, but as to positive testimony none can be found although the department say it cannot be admitted 3 rd I am confident that the notions and allegations of the Department are wrong wholly wrong I know of no one that was out in the same Company and under the same Officers that this claimant was and who can testify positively unless the was in the same Service Now Sir what kind of proof and how much testimony will be necessary to remove the objection written in red ink look at it and say how can such intimations be satisfactorily complied with - Now if your certificate will be necessary or my oath to facts within my power it can be suggested and complied with if consistent - etc
Yours with respect John Moss
You will find an affidavit signed by four of his old neighbours present the same it is with his papers under the same seal of all the rest There are seven persons made oath that Israel Brown has been reported to have been a soldier of the revolution is this not sufficient if I can procure as many more of good repute

Hon H. G. Martindale 15 Jan'y 1835-
0.6
K
Rec. Vol. 33. pa 326.
Hon H. G. Martindale

Israel Brown, W. Y. R. 13. 13. 13. 13.
Warblept
Pension Off Dec. 34 Jan. 15. 1835
Sir
I have the honor to inform you that the claim of Moses Baxter has been again examined & as he has not produced the proof required of him, is suspended. The service of 75 at Roxbury should be found in the rolls of the Office of Mr. Bangs. and a certificate of Mr. Bangs in relation to that & every item of his alleged service is necessary. Besides, the numerous surviving of the Mafth service still residing in that state must afford the most abundant means of proving any service rendered under her authority.
Mass. R. 8153
Sam l Patten gill alleges 2 terms of service viz 5 mo under Capt. Warner in 77 & 2 mo under Winslow in 78. The certificate of Mr. Bangs which can not be impeached by parol testimony establishes the service under Warner to be 3 mo & 21 days which added to the other term of 2 2 months is insuffi

cient to bring his Claim within the minimum provision of the act of 7. June 3. His claim is therefore rejected. Israel Brown sets forth 6 terms of Militia service from 75 to 80 inclusive and recites two of them as a continuous service of 8 mos each under Capt Luddington in Co Luddington's Regt of Militia. - No part of the regt was subject to such a term of service & the current of evidence in relation to the service of that regt would show that he did not render such a term. - It is probable that he may have confounded the harassing service of patrolling to enforce the laws & protect property against the disaffected with the actual service of the militia called out in rotation as prescribed by law. - The first is not provided for & the latter should be specially set forth as to each term. - If it be true that none of the surviving Ulster County militia have any recollection of any part of his service it is a strong presumption against it. Mr. Morse misconceives the scope of the regulations - They require & have always required the "best evidence in the power of the claimant" to produce "whether

alleged service was in the regulars or militia In the early part of our examination we were unacquainted with the amount of surviving testimony with respect to mili- tia service and consequently confided in the declaration of a claimant that no such testimony could be found. but as we progressed it is ascertained that in all the old states the succession of militia tours is susceptible abundantly of proof if sought where the service was rendered Hence we have required the produc- tion of that testimony which we have reason to believe exists.
The same requisition of proof is made upon Sam l  11705-914 Winegan and the more insisted upon as his alleged service was in the Mi- litia before he was subject to militia duty The pension certificate of Robert Selfridge will be computed for 11 days under Capt. Croton 8 mo under same Heirs & 1 mo 1 day under Capt. Thompson & 4 day under Capt. Gray. making an aggregate of 8 mo 16 days. -
The remark of Mr. Moss that "I (he) am cre- dibly informed that the clerks is very inat- tentive" does not escape notice & in reply therefor I would appeal to your knowledge

to dis abuse his mind of that impre- -ssion.
at 7 June
Hon H. B. Martindale
15 June 1835-
O.B.
K
Recd. H. B. Martindale
Hon H. B. Martindale