Revolutionary War Pension and Bounty Land Warrant Application File S. 9,223, Joseph Congar, Conn.

SERVICE
SERVICE Conn.
Congar, Joseph
NUMBER _____
S. 9223
CONTENTS
carded

22.033
14.531
New York
Joseph Congar
of Langfield in the State of N. York who was a Private in the Comp'y. commanded by Captain Habbell of the Regt. commanded by Col. _____ in the Cont. line for 8 months 14 days
Inscribed on the Roll of N. York at the rate of 28 Dollars 20 Cents per annum to commence on the 4th day of March, 1831.
Certificate of Pension issued the 29 day of May 1833 and due to P. Congar Langfield
Arrears to the 4th of Mar '33 $56.40 Semi-ant. allowance ending 11 "Apr" 33 14.10 $70.50
Revolutionary Claim, Act June 7, 1832. Geo. C. Mills Clerk
Recorded by Book E. Vol. 4. Page 50

Joseph Congar's Declaration &c.
22032
Rowell Congar, Agent, Sangerfield, Onida County, N.Y.
undefined service dis allowed.
Adm d
8 mo. 14 ds. pri
44 1520 28

Joseph Congar's Declaration &c.
22032
Rowell Congar, Agent, Sangerfield, Onida County, N.Y.
undefined service dis allowed.
Adm d
8 mo. 14 ds. pri
4 15 44 28 20

State of New York Onondaga County ss
Personally appeared before me the undersigned a justice of the peace of the said County of Onondaga Joseph Conger who being duly sworn deposith & saith that by reason of old age and the consequent loss of Memory he cannot swear positively as to the precise length length of his service but according to the best of his recollection he served at the different times in all eleven months and in all of said service he was a private soldier. and he further says that he does not know of any living witness by whom he can prove the said service or any one of them - he further says that there is no Clergyman residing in his neighborhood with whom he is acquainted and who would be likely to know whether or not he is reputed to be a soldier have been a soldier but he refers to Aaron Stafford a farmer and Samuel M Mott Sheriff of said County of Onondaga and Josiah Bacon & Reuben Bacon Merchants all of Syracuse as witnesses who can testify as to his character for truth and his reputation of having been a soldier of the revolution
Subscribed & sworn 26 th December 1832 before
me - Reuben Bacon Justice of the Peace
his Joseph X Conger Mark
True copy of attachment for the

Clerks Office
Oneida County ss I. George Brown Clerk of said
County Do hereby Certify that Reuben Bacon Esq before whom the within affi- -vit purports to have been sworn, was, on the day of the date of the same one of the Justices of the Peace in and for said Coun- -ty and duly authorized to act as such Justice, and further that I am well acquainted with his hand writing and verily believe his name subscribed to the said Affidavit to be his proper hand writing and signature.
In witness whereof I have hereunto set my hand and official seal at Utica this 17 th day of January AD 1833
Geo Brown Clerk
For B. Read Dep Clerk

State of New York County of Onondaga ss.
An et al; On this day personally  fourteenth day of July 1832 personally appeared in open Court before the Court of Chancery held for the State of New York and now sitting before the Vice Chancellor of the Fifth Circuit of the said State at the City of Utica in the County of Onondaga Joseph Benjamin Conger a resident of the Town of Sangerfield in the said County aged seventy four years who being first duly sworn according to law deposits on his oath makes the following declaration in order to obtain the Benefit of the act of bankruptcy passed June 7. 1832 to wit - That he was born in the year 1758 at the Town of New Fairfield in Connecticut, or he has always been in- structed. That there is a record of his age as he believes in the office of the town clerk of that town of which document he is a cer- tificate in his possession at home, from the said town clerk - That in the Fall of 1775 but he does not recollect the month, he resi- ding at New Fairfield aforesaid, he enlisted in the state troops of Connecticut for the

two & the things term of at least three months, and he is an entire but whether there is four months. That he was enlisted by Capt. Gayfer, or Gayford Hubbard - and deponent believes his name was William Gayfer or Gayford Hub- bell, and served during the term of enlist- ment in his company. William Phelps was lieutenant - Soon after the enlistment deponent with the company went to New- York and was stationed in the Bronx during the Winter - After the expiration of the term of enlistment, during the which which deponent served, he was discharged but without waiting at New York. -
The ensuing April deponent believing about the middle he again enlisted at New Fairfield, where he continued to serve under the same Captain, for six months - also in the Connecticut troops and remain- ed with the army in service until having become sick and being in the hospital at New York about two weeks before the ex- piration of the term & unable to do duty he was discharged, but he does not know that any written discharge was given. Soon and he thinks within about a week after his enlistment he with the company to which he belonged went to N. York & remained there until discharged as

of course, under the same circumstances, he believes and is quite confident that Genl Phelps as Lieutenant, Deponent does not recollect the Colonel of the regiment to which he was attached. Deponent was not engaged in any battle. He was sick during this time in New- York when Long Island was taken by the British. He was generally employed on fatigue parties in procuring lumber for fascines. He does not recollect any other capturing of the regiment. In 1777 Deponent still residing at New- Canterbury he was drafted into the service of the United States in the State Militia of Connecticut and served two months at the Saw-pits. Deponent does not recollect the time of this draft, but he does recollect that while at the Saw-pits at this time the news of the capture of Burgoyne was received there. During this time Deponent was under the command of a Captain from Reading in Connecticut whom name he does not recollect. He believes, but is not certain that Amos Hubbard was Lieutenant but he may have been Ensign. Deponent was discharged at the place last mentioned left without writing, so far as he recollects.
On another occasion and he believes after his discharge from this draft last mentioned, de- ponent was called out in the Militia of Connecticut, he residing at New Canfield

and went to Phillips Patent near Hudson River, where after receiving some days the present of their father and mother were dismissed. This time of service was about two weeks or more as deponent can recall. Capt. Hubbell & Lieutenant Phelps had command of the company in which deponent was. He never to his knowledge received another discharge. -
Deponent continued to live in New Paltz until after the War. He then removed to Dutchess Columbia County in N. York, near town of Ancram, and has since he resided there about twelve years and then removed to P'keepsie, Orange County N. York and has generally resided in Columbia & Orange County since then, and for about fourteen years past he has resided on his own place at Saugerties on the Rondout Creek in the County of Ulster.
He hereby relinquishes every claim whatever to a pension or annuity except the present and declares that his name is not on the pension roll of the agency of any state for any service rendered at any time.
Joseph H. Boon mark
M. Williams his Chant.
[Faint, illegible handwriting at the bottom of the page]

States of New York
Orleans County N.Y. Mary Sturges long closely known in open Court as aforesaid, says that she resides in the town of Chastleton in the County of Orleans in the said State and is aged sixty nine years the nineteenth day of June last as she conjectures app. that she is the sister of Joseph Banger here present and lived in her father's family with him when he was at home during the war of the Revolution at New Fair- field in Connecticut. That three of the parental brothers of whom the said Joseph was the youngest enlisted at the same time in the first part of the Revolutionary war and before the declaration of independence, and in the Autumn, afterward they for some months, under Captain Hubbard. He went from here as a field soldier & departed believing lived during the time last mentioned - Deponent understood he went to N. York.
Afterward & deponent thinks the next Summer, the year that N. York was

taken by the British, he again enlisted disponit thinking for six months and went again disponit understood to N. York, and was absent all or nearly all that time - He came home sick. -
Disponit knowing that he was afterwards drafted and went into the service - and disponit believing from his recollection more than once after the six months service -
Merrey & Sturges note
Subscribed & sworn to the day & year above written.
M. Williams not Chant.
On this 6 county ss.
Aaron Stappard being duly sworn in open Court says of his own knowledge that he resides in Rangesfield written about four Miles of South Langdon here present and is acquainted with him and has been so acquainted for four or five years thinks him a respectable person - That there is no clergymen in his vicinity who is probably acquainted with him, or able to testify as to his present character; That he is reported in his neighborhood to have been a revolutionary soldier and disponit believes such report to be true -

Sworn & subscribed before me this day of year above written.
Aaron Stafford
J. W. Williams Vice Chancellor.
O
On this 24 th day of July 1832 in the said Court of Chancery before the said Vice Chancellor Cotton Vice of Court Now sitting having Samuel M. Mott Sheriff of the said County of Onondaga being duly sworn says that he is a resident of Syracuse in said County his acquaintance with Joseph Canger of said town and from his appearance believing him to be about the age of seventy or eighty five years - that he is related in the neighborhood of his residence to him as a soldier of the Revolutionary War - That this deponent is also acquainted with Aaron Stafford & believing both to be credible persons, but is not acquainted with Mary Sturges - And that as to the contents of the foregoing this deponent states as is stated by the said Stafford below set forth -
Given in open Court this 24 th day of July 1832 before Samuel M. Mott
J. Watson Williams: Clerk in Chancery

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 that Mercy Sturges, Aaron Stappard, and Samuel M. Mott, who have signed the preceding depositions, are credible persons, and that their statement is entitled to credit.
J. W. Williams Vice Chancellor
I, James Watson Williams, Clerk of the Court of Chancery for the Fifth Circuit of 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 Joseph Congar for a pension.
In Testimony Whereof, I have hereunto set my hand and seal of Office this Thirteenth day of August, A.D. 1832.
J. Watson Williams.
Clerk in Chancery, 5th Circuit N.Y.
In Testimony Whereof, I have hereunto set my hand and seal of Office this seventeenth day of January, A.D. 1833.
J. Watson Williams.
Clerk in Chancery 5th Circuit N.Y.

Joseph Conger Maria C. Wyk
adm a

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 Isaac Congers
   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.     Fall 1775 2.3-4 Mo- Private Capt Nobell / Montana N York 1/4 years New Fairfield Cont Proclamation   April 1776 6 " Capt Nobell   1777 2 " Capt Nobell Lowpits Phillips Peters over Waddell Niver   at 14 Capt Nobell  
The claim at States that he served at different times in all eleven months!!
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 he answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant.
The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons—one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion. If one of these persons is a Clergyman, the Court will so certify, and they will also certify, to the character and standing of other persons, giving such certificates.
The traditional evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party. And the Courts are requested to be very particular in the enquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
Applicants unable to appear in Court by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court.
Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature.
No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.
[a] The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance.
[b] The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not conforming to the rule.
[c] The age of the claimant must invariably be mentioned.
[d] The declarant must mention the period or periods of the war when he served.
[e] Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had. Every claimant must state, with precision, the length of his service, and the different grades in which he served, in language so definite as to enable the Department to determine to what amount of pension he is entitled. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service; but, according to the best of his recollection, he served not less than the periods mentioned below, and in the following grades:—For _____ year _____ months, and _____ days, I served as a _____. For _____ months and _____ days, I served as a _____; and for such service I claim a pension."
It is important, in all cases, to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months , is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state that they served two years in the militia, &c. without specifying the tours, the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must, in every case, be clearly shown under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
[f] The law makes the relinquishment indispensable.
[g] The opinion of the Court is always required.
[h] The Clerk must give his certificate in every case.
[i] The Clerk must affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he has no public seal of office, the certificate of a Member of Congress, proving the official character and signature of the certifying officer, should accompany the papers.
Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other papers authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
Proof of Service.
[j] In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses who are required to set forth in their affidavits the time of the claimant's entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
[k] The notes from [a] to [i] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in note [j] applies to continental troops only.
[l] This traditional evidence is indispensable in militia cases.
[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. A 1812 Wars Section
December 13, 1925
Mrs. William W. McPherson 6726 Honore St. Chicago, Ill.
Madam:
I have to advise you from the papers in the Revolutionary War pension claim, S. 9223, it appears that JOSEPH CONGAR was born in 1758 in New Fairfield, Connecticut.
While a resident of said place he enlisted and served as private with the Connecticut Troops as follows:
From the fall of 1775, two, three or four months in Captain William G. Hubbell's Company.
From the middle of April, 1776, six months in Captain William G. Hubbell's Company.
In 1777, two months, officers not stated.
He afterwards served two weeks in Captain Hubbell's Company.
He was allowed pension on his application executed July 17, 1832, at which time he was a resident of Sangerfield, Oneida County, New York.
There is no data on file relative to wife and children.
Respectfully,
WINFIELD SCOTT Commissioner

1925 Dec. 17 push to Mrs. Wm. W. McPherson met
Reuben
9223
INVALID.
File No. 9223
Joseph Conger Dr. Rev. War
Act: June 14 82
Index:—Vol. 1st , Page 76
[Arrangement of 1870.]

Ex. AVB Div. RECORD
Department of the Interior, BUREAU OF PENSIONS,
WASHINGTON, D. C., OCT. 27, 19 25
The attached letter is respectfully returned with the information that the data furnished is not sufficient to enable this Bureau to make intelligent answer to the queries therein contained.
Please fill out such of the blank spaces below as the information in your possession will permit, and return to this Bureau.
No. of claim, —
Name of soldier. JOSEPH CONGAR
P. O. address of claimant, —
age 72 - 1833 -
Company —
Regiment —
State where enlisted Mass.
Date of enlistment Pension commenced
Date of discharge 1833 - Oneida Co. N.Y.
If unable to furnish company and regiment give names of commanding officers.
N.Y. Rev. Pensions.
Oneida Co. N.Y.
Return attached letter with reply.
Father of Joseph born 1806 abt.
I sent 26 to go. had I wish to find if he is Joseph Congdon

6726 Honore St. Chicago. Ill.
Oct. 20. 1925.
Bureau of Pensions. Washington. D.C.
Dear Sir:
Will you kindly send me the Pension Record of Joseph Congdon (prob Congdon) of Ancona Co. N. Y. - 1833 age service Mass.
Yours respectfully,
Gladys R. McPherson
(Mrs Wm. Wallace McPherson.)
RETURN THIS LETTER