Revolutionary War Pension and Bounty Land Warrant Application File S. 12,520, Zephaniah Cole, Mass. R.I.

SERVICE
Mass. R.I.
Cole, Zephaniah
NUMBER _____
D. 12,520
carded
CONTENTS

20/11/09 New York
Stephaniah Cole
late in the State of New York who was a Private in the Company commanded by Captain Topham of the Regt. commanded by Col. Walcutt in the Revolutionary line for 2 Years R.J.
R.F. and Mass.
Records corrected Sept. 19/05.
Inscribed on the Roll of N. York at the rate of 80 Dollars Cents per annum, commence on the 4th day of March, 1834.
Certificate of Pension issued the 7 day of Aug. 1833 and to A. Cook Garrison
Arrears to the 4th of Ma'34 $16 00 Pemi-ant. allowance ending 4th Ma'34 40 $20 00
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by G. B. Stiles Clerk, Book E, Vol. 3, Page 51

Japanese Code
A. B. C. D. E. F. G. H. I. J. K. L. M. N. O. P. Q. R. S. T. U. V. W. X. Y. Z. E. O. P. U. S. T. O. W. N. S. H. I. P.
16001
aoma 24 mo. pri 80 $

State of New-York Otsego County ss
Elkanah Bowen of the town of China valley in the county of Otsego being sworn, says that he is acquainted with Zephaniah Cole of the village of Cooperstown in said county, and that the said Zephaniah Cole enlisted, in January 1776 into a Company of State Troops commanded by Capt Asa Kimball, in a Regiment commanded by Col. Harry Badcock, at Providence in the state of Rhode Island, and that he continued to serve in the said Corps for the term of one year next after the said enlistment. And that he the said Elkanah Bowen served in the same Corps & was tent-mate to the said Zephaniah Cole, during the said year, that the said Company was attached to the Regiment aforesaid at Newport on Rhode Island, and belonged to an army of the revolution, and further this deponent saith not.
Sworn & subscribed this 17 th day of July 1832 before me James A. Moore Flint Judge of Otsego County his mark Elkanah Bowen
I certify that on this 17 th day of July 1832 personally came before me Elkanah Bowen to me known to be a man of truth & respectability & made oath to the truth of affidavit by him above subscribed
James A. Moore Flint Judge of Otsego County

State of New York } Otsego County ss. }
The within named Elkanah Bower a pensioner of the United States aged seventy three years being duly sworn also deposes & says that the within named Zephaniah Clee in April 1777 enlisted in state troops Captain Allen's company of militia in the State of Rhode Island & served at Bristol & other places in said State for fifteen months & that this deponent served with him during the whole of said period
Sworn & subscribed this 17 th day of July 1832 before me James O. Moore First Judge of Otsego County.
his Elkanah Bower mark
Elkanah Bower
affid
I certify that I have known Elkanah Bower above named for many years, that I obtained for him a pension for services rendered in Col. Olney's R.I. regiment. That he has always since I have known him maintained an excellent character for truth & that I consider him entitled to full credit as a witness
J. O. Moore July 17. 1832
Otsego County ss. I certify that James O. Moore Esq. before whom the above affidavits were made to have been made & who has certified the same was on the day of taking the same First Judge of the County of Otsego duly sworn. Nisi and I was & duly authorized to administer oaths & that his signature is genuine
Sub
Given under my hand & seal of office this 19 th day of Octr 1832 Horace Lathrop Jr. Clerk.

State of New York Albany County ss.
On this 17 th day of September Octobris in the year of our Lord one thousand eight hundred & thirty two personally
appeared in open Court before the Court of Common Pleas Common Pleas now sitting at the Court House within & for the County of Albany of said Zeph- aniah Cole a resident of the Town of Albany in the County & State aforesaid aged 74. He was on the 26 th day of March 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 provisions of the act of Congress passed June 7-1832. That he enlisted in the service of the Constitution in the year 1776. and at different times after that and served as a soldier as follows & under the following circumstances to-wit.
That he enlisted as a soldier for the term of one year at Providence in the State of Rhode Island in the month of January in the year 1776- and was in about a fortnight attached to a company commanded by Capt Asa Fishkill said Company was stationed on the Island of R.I. and afterwards to a Regiment commanded by Col. Harry Babcock in the Rhode Island line of State troops. and remained there till about the 1 st of August 1776. and that at this time he marched with said Company & Regiment from the Island of R.I.

to at  at  Barham  Barham Heights in New York when they were attached to the Army under Washington. That at this time the Campy was commanded by Capt. Benjamin Hopkins & the Regiment by Col. Christopher Lippitt. That in a few weeks he marched with the Army to White Plains and was in the battle at that place and was wounded in that en- gagement by a ball in the leg that after the Battle he remained with his Campy near the battle ground for about six weeks and then marched to Bear Hill and from there to New Jersey and was then attached to what was called the flying Camp and from that time was almost con- tinually engaged in marching and was in the Battles of Trenton & Princeton in New Jersey and was discharged soon after the 2 nd Battle at Princeton in New Jersey on the 18 th day of January 1777. That he served out his whole Term of one year & was regularly discharged That afterwards and about the first of April 1777 he again enlisted for the Term of fifteen months and at Providence in Rhode Island in a Campy commanded by Capt. Thomas Allen in a Regiment commanded by Col. Nicho- las Curray of the Rhode Island line of State troops and was stationed at Bristol in Rhode Island and near that place for the whole Term of fifteen months and regularly served out said Term & was discharged about the 17 th of July 1778

That afterwards and about the first of July 1778 and almost immediately after he was discharged as last stated. He again enlisted at Howlands Ferry in Rhode Island for nine months. and served under Capt Jacob Fuller in a Regiment of State troops of Rhode Island. his. Commanded by Col. Jacobs. and was stationed at Howlands Ferry & near that place for the whale fishery and was again discharged after he had served out said term of nine months at Long Island near Howlands Ferry in the first of March 1779. And that he has not in his possession any documentary evidence of his service. and he hereby relinquishes every claim whatsoever to a pension or annuity except the present and declares that his name is not on the pension roll of any agency of any State I have subscribed the days of aforesaid in open Court -
That he was born in Rehoboth in Massachusetts on the 26. day of March in the year 1758. There was a Record of his age in the Town Clerks office which he saw and examined about five years ago. also a Record in the family Bible which is now in possession of his son in the city of Utica. lived at Rehoboth till he was 16. years old & then went to Providence R.I. and lived there about

on you and then retired. & after he left the Service he lived at Rahway N.J. & lived there till he was 29. years of age & then moved to Pittsfield Berkshire in the State of Massachu- setts & lived there about four years & then moved to Steubenville in O.H. - and lived there about 17. years and then moved to Otsego County N.Y. - where he has lived ever since
He refers for evidence of his character to Judge Merrill, Judge Rufus L. Loomis
Brown Esq. Genl. Morris
Sworn & subscribed in Open Court
the 17 th day of October 1832
Horace Lathrop Clerk
Jeremiah his  Cole Mark
We Emory D. Patten residing in the Town of Otsego in the County of Otsego & State of New-York and Abner Root for residing in Otsego in said County & State here by certify that we are acquainted with Zephaniah Cole who has subscribed & sworn to the above declaration that we believe him to be 74 - years of age that he is reputed and believed in the neighbourhood where he resides to have been a Soldier of the revolution and that we concur in that opinion
Sworn & subscribed the E.D. Patten day and year aforesaid.
Horace Lathrop Clerk
A. Root Jr
And the said Court do hereby declare their opinion that the above named applicant was a revolution war soldier & served as he stated
with Cole

And the Court do hereby declare their opinion of the the investigation of the matter is after putting the interrogatories prescribed by the War Department. That the above named appli- cant was a soldier of the Pennsylvania and said as he states - And the Court further certify that it appears to them that Emory D. Patten and Abner Cook junior are residents of the Town of Attye in the County of Attye and State of N.Y. - And are credible persons and entitled to credit
J. O. Moom
C. Root
Seth Chase
Judges.
I Horace Lathrop Clerk of the Court of Common Pleas in & for the County of Attye do certify that the foregoing contains the original proceedings in the matter of the application of Zephaniah Cale for a pension
In testimony whereof I have here- unto set my hand and affixed my seal of office this 19 th day of October in the year 1832
Horace Lathrop. Clerk.

No. 600!
Zephaniah Cole N.Y.
Adm d
A. Cook Genl. Agent Cooperstown 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 subjoined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will shew what is necessary to be done. Those points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus: { ). You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your claim.
A Statement, shewing the Service of Ephraiah Cole of Orange County New York
   Period when the service was rendered. Duration of the claimant's service. Rank of the claimant. Names and Rank of the Company officers under whom he served. Names and Rank of the General and Field officers. Battles in which the applicant was engaged. Country through which he marched. Place of abode when he entered the service, and age at the present period. Evidence by which the declaration is supported.   Years. Months. Days.     Enlisted 1776 1 Private Capt. H. Kimble Capt. Benj. Hoban Colo. Harry Babcock General Washington Colo. Christopher Lasher In Island of Rhode Island to Harlem Heights in New York to White Plains Providence Rhode Island Aged 74 Voluntary Living witness of one years service   Enlisted 1777 1 3 Capt. Thomas Allen Capt. Asa Fitch White Plains Trenton & Princeton   Enlisted 1778 9  
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 day and year aforesaid.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that A. B.
who has signed the preceding certificate, is a clergyman, resident in the _____ and that C. D., who has also signed the same is a resident in the _____ and is a credible person, and that their statement is entitled to credit.
I, _____ Clerk of the Court of _____ do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of _____ for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this _____ day of _____ &c.
Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction.
If such surviving witness cannot be found, the applicant will so state in his declaration (l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his alleged service, as they are known at the Department. A very full account of the services of each person

will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County, in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.
The Court will propound the following ( m ) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.
 1. Where and in what year were you born?  2. Have you any record of your age, and if so, where is it?  3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?  4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom?  5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services.  6. { To a Soldier. } Did you ever receive a discharge from the service, and if so, by whom was it given and what has become of it? { To an Officer. } Did you ever receive a commission, and if so, by whom was it signed, and what has become of it?  7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution. 
The Court will see that 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.

Rev. War
12520 INVALID.
File No. 12, 5-20
Zephaniah Cole Priv. Rev. War.
Act: June 7 th 1832
Index:—Vol. a , Page 11
[Arrangement of 1870.]