Revolutionary War Pension and Bounty Land Warrant Application File R. 2,850, Daniel Delean, N.H.

SERVICE
N.H. ..... .....
or Delean, Daniel Delan.
NUMBER
R. 2850 .....
CONTENTS
..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... .....
..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... .....

1310 Israel Delan

STATE OF NEW-HAMPSHIRE.
COUNTY OF STRAFFORD ss.—
Superior COURT OF Judicature
August
TERM, 1832
ON this 22 d day of August 1832, personally appeared before the Justices of the Superior Court of Judicature now in session at Gilford within and for said County of Strafford, Daniel Deben, a resident of New Durham in said County of Strafford and State of New-Hampshire, aged Eighty five 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 Act of Congress passed June 7, 1832. That he enlisted in the army of the United States, in the year 1776-
and served as follows:—
I enlisted in a Company of New Hampshire Militia commanded by Capt Smith Emerson, Col o Thomas, Tasker Reg t for the term of four months, was stationed near West Point & served out said term. In 1777 I was drafted into a Company of N. H. Militia commanded by Capt Daniel McDiffett Col o Stephen Evans Reg t and served three months, was at the capture of Burgoyne
He hereby relinquishes every claim 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.
Daniel Deben
Sworn to and subscribed the day and year aforesaid, in open Court.
And the said Court do hereby declare their opinion that the above named applicant was a revolutionary soldier, and served as he states.
ATTEST—
A. Pierce, CLERK.
I, Andrew Pierce Clerk of the Superior Court of Judicature for said County, do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of Daniel Deben for a pension.
In testimony whereof, I have hereunto set my hand, and affixed the seal of said Court, this 22 d day of August in the year of our Lord one thousand eight hundred and thirty two.
ATTEST—
A. Pierce, CLERK.

11310
State of N.H., County of Stratford, ss      Superior Court of Judicature
August Term, 1832 On the 29th day of Aug. 1832 appeared before justices of Superior Ct. of Judicature now in session at Gilford Daniel Delan a resident of (age 86) New Durham, aged 86, make on his oath * * to obtain benefit of Act of Congress passed 6-7-1832. Entered company of N.H. militia commanded by Capt. Smith Emerson Col. Thomas Tasher Reg't for term 4 months, stationed near West Pt. in 1776 and served out the term.
In 1777 was drafted into a company of N.H. militia commanded by Capt. Daniel McDuffie/ Col. Evans Capt. Stevens regm't, served 3 months, was in the capture of Burgoyne.
No. 2850 Daniel Delan, N.H. age 86 Rejected
Deserted Oct. 1977 1 mo. 12 days after capture of Burgoyne

11310
Dear Delano
M.C.E.
Despatch
Reps 28 Nov 1832
A Prince
Dover N.H.

11310
BRIEF in the case of  Daniel Delan of New Durham  County of Stafford  in the State of  New Hampshire  (Act 7th June, 1832.)
1. Was the declaration made before a Court or a Judge? a court
2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?
3. How old is he? 86
4. State his service, as directed in the form annexed.
   Period. Duration of Service. Rank. Names of General and Field Officers under whom he served.   Years, Months, Days.     In 1776 4 Private Gen. Cap. Amos Col. Gash   77 3 x " Cap. McDuffy Col. Evans   X 1 mo 12 ds & then  Deserted Oct 19 77  
5. In what battles was he engaged? Capture of Burgoyne
6. Where did he reside when he entered the service? does not say
7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls?  one living witness
8. Are the papers defective as to form or authentication? and if so, in what respect?  all right
I certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
W. C. Eastman Examining Clerk.

Ex'r.
OLD WAR
No. 2850
Acts of July 14, 1862, and March 3, 1873.
Danid Delan
P. O.
STH
Service:
Revolutionary
REJECTED
Enlisted:
, 18
Discharged:
, 18
Application filed:
, 18
Alleges:
Re-enlisted:
Attorney:
P. O.
Recognized.
11310 Act 1832 N.Y.
Let to D Murray 2 dec '39

11310
State of N.H., County of Stratford, ss      Superior Court of Judicature
August Term, 1832 On the 29th day of Aug. 1832 appeared before justices of Superior Ct. of Judicature now in session at Gilford Daniel Delan a resident of (age 86) New Durham, aged 86, make on his oath * * to obtain benefit of Act of Congress passed 6-7-1832. Entered company of N.H. militia commanded by Capt. Smith Emerson Col. Thomas Tasher Reg't for term 4 months, stationed near West Pt. in 1776 and served out the term.
Col. Evans
In 1777 was drafted into a company of N.H. militia commanded by Capt. Daniel McDuffie/ Capt. Stevens regm't, served 3 months, was in the capture of Burgoyne.
No. 2850 Daniel Delan, N.H. age 86 Rejected
Deserted Oct. 1977 1 mo. 12 days after capture of Burgoyne

11310
Dear Delan
A. Pierce Dover NH

BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of Daniel Dolan which require further proof or explanation.
I. Does the declaration show where the applicant resides? Yes II. Did the declarant make the declaration in the county where he resides? Yes III. If the applicant did not make the declaration in the county where he resides, is there any reason assigned for his not doing so? Yes IV. Has the declarant mentioned the period or periods of the war when he served? Yes V. * Has he mentioned with precision the length of his service, and the different grades in which he served, in language so definite as to enable the department to determine to what amount of pension he is entitled? Yes VI. Has he given the names of the officers under whom he served, in conformity with the regulations? Yes VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832? Yes VIII. Has the Court given their opinion? Yes IX. Has the Clerk given his certificate? Yes X. Is the Clerk's seal affixed? And if so, has it a device or inscription by which it can be distinguished from any other seal? Yes

XI. Has the applicant obtained the evidence of a clergyman and another respectable citizen as to their belief respecting his age and the general belief in his neighborhood relative to his revolutionary service?
No
XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it?
No
XIII. If the applicant has no documentary evidence, and has not obtained the testimony of at least one living witness, has he stated in his declaration that such proof cannot be had?
XIV. † If the applicant has produced a witness or witnesses as to his service, has the magistrate who administered the oath certified that he, she, or they are persons of credibility?
Has the official character and signature of the magistrate been certified by the proper officer under his seal of office?
Yes
XV. Does it appear from any of the papers that the witness was in such a situation, or of such an age, as to have a personal knowledge of the applicant's service?
Yes
XVI. ‡ Are the papers authenticated as the regulations direct?
Yes
XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered?
No to all but 4
EXPLANATORY NOTES.
* QUERE V. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service, but according to the best of his recollection he served not less than the periods mentioned below, and in the following grades: For _____ year _____ months and _____ days, I served as a _____. For _____ months and _____ days, I served as a _____; and for such service I claim a pension."

It is important in all cases to determine with precision the period for which the applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months is too indefinite, and all such qualifying expressions are objectionable.
‡QUERE XIV. Proof of Service.
In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses, who are required to set forth in their affidavits the time of the claimants entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
‡QUERE XVI. Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticated the papers is not written on the same sheet of paper which contains the affidavit, or other paper authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the end of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.

in 6 I George Folsom formerly George Folsom 3 d of Strafford formerly of Barrington New Hampshire in the County of Strafford of the age of Seventy five years Testify and say that I was a soldier in Capt. Daniel McTuffee company by Draft in the third year of the revolutionary war in the State of New Hampshire in Colon Stephen Evans Regt. New Ham- pshire Militia in the United States Services for the term of Three months and Marched to Bennington and was present at the capitulation of Gen. Burgoyne's army and Daniel Tilton was a soldier in Capt. Daniel McTuffee's company in the above named Regiment and served during the whole campaign of his enlistment in the above named company with me
State of New Hampshire
Strafford ss August 17 th 1832 Then the above named
George Folsom made oath that the above affidavit by him subscribed was true before me
William Folsom Justice of the Peace

I certify that the person I am acquainted with the person with in named George Fogg and he is a man of truth and veracity
William Fogg Justice Peace

I George Foss jun formerly George Foss 3 d of Strafford formerly of Barrington New Hampshire in the County of Strafford of the age of seventy five years Testify and say that I enlisted in the company of Militia commanded by Capt. Smith Emerson of Lee in the second year of the revolutionary war in the state of New Hampshire in Col. Thomas Foss's Regiment New Hampshire Militia in the united states since for the term of four months stationed near West Point New York that I served in said company during the time of my enlistment and I further testify and say that Daniel Dedon of New Durham formerly of Barrington was a soldier in said company in said united states since the above named term of four months with me George Foss 3 d
State of New Hampshire
Strafford ss August 17 th 1832 then the above named George Foss jun  swore on oath that the above affidavit by him subscribed was true before me
William Foss jun justice of the peace
I certify that I am acquainted with the above named George Foss and he is a man of truth and veracity
William Foss jun justice of the peace

Evidence in case of Daniel Delan
State of New Hampshire
Stratford ss. I Andrew Peirce Clerk of the Superior Court of Judicature for said County, do hereby certify that William Hills Junr. Esq. before whom the within & annexed affidavits were taken is a Justice of the Peace for said County duly sworn and qualified to administer Oaths, and his signatures affixed at the time I have no doubt, are genuine.
In testimony whereof, I have hereunto set my hand, and affixed the Seal of said Court this 10 th day of September AD 1832. A. Peirce, Clerk

W.H. Feb. 1816.
Nov 36 Newmarket N.H. Nov 25th. Three James L Edwards Esq Comm of Pensions Washington D.C.

Newbedford Me Nov 23. 1839 Dear Sir
Mr Daniel Delan of New Durham County of Strafford and State of New Hampshire State that he was a private from Bar- rington in said County about 7 months in the Revolutionary War - That he first enlisted un- der Captain Smith Emerson of Lee in Col d Thomas Gashf for 4 mos from Sept r 1776 in New to Peabody N York; and that he afterwards served 3 months under Capt Daniel Mc- Duffie in Col d Stephen Evans Regt in 1777 and was at the taking of Burgoyne. George Tapp of Strafford former Col d Tapp 3 d of said Barrington State that that he served in both of the above named companies, and Delan performed the same service that he Tapp did. Said Tapp is now a pensioner under the Act of Jan. 7. 1832 at the rate of $22.55 per annum, and of what he states is true. Delan is entitled to a Pension or Tapp is not. Delan says that in 1832 in the Fall he employed William Tapp to adjust living in said Strafford to present his Claim That he then made a Declaration which he supposes was sent by said Tapp to the War Depart- ment. That said Tapp has never informed him the disposition of said Claim nor why it has

has not been allowed.
Will you be so kind as to inform me whether such claim is on file at the Department, and if so what is wanting on his part to establish his claim. A Ruffinera & McDiffie Roll may show that he did not serve 3 months. If so I suppose the same is the case with Capt. Eberose. Have a Pension in Sam Stroffner's Note the same in regard to the Service under Col Evans. He is a pensioner at $61. 76.
Please communicate the result of the communication to your Friend & Son David Murray
James L Edwards Esq Commissioner of Pensions Washington D.C.