Revolutionary War Pension and Bounty Land Warrant Application File S. 9205, Arthur Colwell, New York

SERVICE
New York.
Cohwell, Arthur
NUMBER
S. 9205
CONTENTS
carded.

14210 New York
Arthur Colwell
of Saratoga in the State of NY who was a private in the Continental Army commanded by Captain Denison of the 1st Regt. commanded by Col. Paulding in the N.Y. line for 2 years.
Inscribed on the Roll of New York at the rate of 80 — Dollars — Cents per annum to commence on the 4th day of March, 1831.
Certificate of Pension issued the 14 th day of May 1833. and sent to Aaron Wash Dalston. Spa N York.
Arrears to the 4th of March 1833. $ 160.00 Semi-ant. allowance ending 4 th Sep. 1833. 40.00 $ 200.00
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by George Taylor Clerk, Book E. Vol. 4 3 Page 49

State of New York County of Saratoga
On this _____ day of _____ 1833 personally appeared in open Court before the Court of Chancery now sitting at Saratoga Springs Arthur Colwell a resident of the Town of Galway in the County of Saratoga, State of New York aged Sixty Nine 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 provisions of the act of Congress passed June 7. 1832, that he entered the services of the United States under the following named Officers and served as here in stated.
To the Question. Where & in what year were you born?
The answer, In Ireland, in the County of Longford, June 15. 1763.
2 To the Question. Have you any record of your age, and if so, where is it?
The answer, In his Family Bible, in his possession in Galway aforesaid.
3 To the Question. When were you living when called into service? Where have you lived since the Revolutionary War, and where do you now live?
The answer says, In 1774, he emigrated from Ire- land aforesaid to New Castle in the Province now State of Pennsylvania, in North America, Now United States where he continued to live until  only a few days when he went to Philadelphia where he continued until a few days when he removed to the City of New York where he conti- nued until a few days when he removed to New Windsor about sixty miles up the Hudson from New York City where he con- tinued until a few days when he removed to Little Britain in the State of New York in the County of Orange (then County of Ulster) where he continued to live during the Period of the Revolutionary War, excepting the time he was in the service of the United States, as herein after stated stated.

8 until the year 1786 or 7, when he removed to the County of Albany in the Town of Saratoga where he lived about one year when he removed to Galway in said County, now County of Saratoga, where he has continued to live ever since & where he now lives,
4 To the question, How were you called into service? were you Drafted, did you Volunteer, or were you a substitute, and if a substitute for whom? He answers and says,
In April 1st 1779, he was hired by a Militia Class of fifteen members at Little Britain in the then County of Ulster in the state of New York for Nine months and served as a private until the 20th November November 1779 that George Denison was head of said Class, and David Cook first Sergeant, he this deponent was employed with 6 or 7 others as a guard under said Sergeant Cook at Rochester otherwise called Nombocous in said County of Ulster, and were stationed at the House of Joel Holmbeck to keep guard on the lines, being Frontier & much exposed to the Enemy there were other like guards each under a Non-Commissioned officer, the nearest to our station was about \frac{1}{2} of a mile & 1 \frac{1}{2} miles distant & so on, he this deponent continued to do duty as a private under the said Sergeant Cook guarding the lines from our said station to Lock a 10 axles and other places on the lines until the 20th November following, when the Guard was discharged by the said Sergeant Cook at Nombocous aforesaid having served at least seven months & twenty days when the Guard was broken up - Albert Paulding was Colonel of the Regiment to which he belonged & served as aforesaid who he frequently saw giving orders to the Guards, he this deponent did not join the Company or Regiment otherwise than as above stated, nor did any Continental or Militia Regiments serve near where we served, and that during the Period aforesaid he served under the Command of the said Sergeant Cook, and that is the only person now living by whom he can prove the same to his knowledge.

he does not recollect the name or names of any other Officers Commissioned or Non-Commissioned who commanded on the lines aforesaid if he ever knew nor has he any Documentary Evidence of his said services, nor does he know of any person now living by whom he can prove the same.
(2) That on April 1 st 1780 Little he was again hired by a class of fifteen members, (at Little  Little Britain aforesaid) of the Company of Militia under the Command of Captain John Bur- nell in Colonel Albert Spaulding's Regiment of New York Militia or State Troops, George Denison  being  being head of the Company thereof the  thereof David Cook was first Sergeant, who commanded the Guard of Six or Seven men stationed at the House of Lord Shelburne in British aforesaid to keep guard at the same place, in the same manner as in the last years campaign and was in constant service as aforesaid from the said 1 st of April 1781 to 1 st January 1782 being Nine months under the aforesaid Offi- cers, that he did not Join his Company but served un- der the said Sergeant David Cook as guard as a pri- vate during the period aforesaid. He has no documentary evidence of his services aforesaid there was no Continental or Militia Regiments who served near where this deponent served during the aforesaid period.
And further this deponent states that, he again entered the service as a private & was hired by a class of 15 members of the Militia Company Command- ed by Captain Telford at Little  Little Britain aforesaid and served from the 1 st of April 1781 until the 1 st Jany 1782 being Nine months the full term of his engagement. In the Com- pany under the Command of Captain J. S. Holmstedt in the Regiment.

Commanded by Colonel Widen Kilt, went from Little Britain aforesaid to Bombacur under the said Sergeant David Cook were stationed at the said House of Det. How- ers Det. the Guard consisted of about the same number as in the two last campaigns & we were employed under the said Sergeant David Cook to guard the lines on the same route as in the two last campaigns & in the same manner that he served as aforesaid from the said 1 st of April 1781 until 1 st January 1782 under the said Sergeant Cook, & was discharged by the said Sergeant Cook at Bombacur aforesaid & returned home; in the aforesaid service he served on guard as above stated, & was not joined to his company nor was there any Continental or Militia Troops who served near where he served in any Campaign he has no documentary evidence of his services aforesaid and that he knows of no person living who can testify to the same Except Daniel Wherry who lives in Jefferson County in the State of New York about one hundred & fifty miles from the said Court & cannot be had in Court without great in- convenience & expense

5 To the question, State the names of some of the Regular Officers who were with the Troops when you served; such Continental & Militia Regiments as you can recollect, and the general circumstances of your services. xxxv. He answers. He can state no farther than he has already stated herein.
6 To the question, Did you ever receive a Discharge from the Service; and if so by whom was it given, and what has become of it?
He answers. He never received any written discharge.
7 To the question, 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 Revolutionary Soldier.
He answers, And states the names of Robert Speir Esq. Paris Otis Esq. who are Justices of the Peace Jonathan West, James Flayer, Henry Flayer Junior.
He hereby relinquishes every claim whatever to a Pension or annuity, except the present & declares his name is not on the Pension roll of the agency of any State. Subscribed & sworn to the day & Arthur Colwell 20 doom above in open court.
E. Coven.
COLWELL, ARTHUR (N.Y.) S-9205

We Robert Sprui . . . . . residing in the Town of Galway in the County of Saratoga & State of New York & Zephaniah Warren of the Town of Galway in said County . . . . . hereby certify that we are well acquainted with Arthur Col- well who has subscribed & sworn to the above declaration, that we believe him to be Sixty nine years of age; that he is reputed & believed in the neighborhood where he now resides to have been a Soldier of the Revolution & that we concur in that opinion subscribed & sworn the day & date Robert Sprui aforesaid in open Court Zephaniah Warren
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the testimonies testimonies prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And that the Court further states, that it appears to them that Robert Sprui who has signed the preceding certificate is a native of the Place resident in the Town of Galway in the County aforesaid, and that Zephaniah Warren who has also signed the same is a resident of the Town of Galway in said County, and is a credible person & that their statement is entitled to credit
E. Corwin

23343
Arthur Church New York
Aaron Nash Ballston Spa New York

WAR DEPARTMENT,
Pension Office,
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 subjunctive 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 Arthur Caldwell  Town of Galway Saratoga County of NY
   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. 1779 Sub 2 7 20 priv Capt Denison Col Paulding 19 Years in little Britain Traditionary Evidence   Vol. 1780 Sub. — 9 — — Capt Burnell Col Alberts State of New York 1 Witness Proc & Last Hours Credible Witness   Sub. 1781 — 9 — — Capt Tilford Col Mason — —  
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 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.
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.
[k] This traditional evidence is indispensable in militia cases.
[l] If a witness cannot be found, the declarant must state the fact.
[m] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.

23343
Arthur Colwell Iona Pension
Lived in Little Falls Albany County N.Y. State during World War Served at Alamo New York
all?
COLWELL, ARTHUR (N.Y.) 5-9205

I G. M. Dorrion, Clerk of the Court of Chancery 4 th circuit do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Archibald Goliad for a Pension.
In testimony whereof I have hereunto set my hand & Seal of Office this 27 th day of February, 1833.
G. M. Dorrion, Clerk.
Saratoga County, ss. Aaron Nash of Ballston Spa being duly sworn. Says that he is well acquainted with Robert Speir who subscribed & swore to the above. G. I. do hereby certify that he is a Justice of the Peace of said Town of Galway as this deponent is informed & verily believes & that Stephen Warren who also subscribed & swore to the above is a person of character for veracity & that their statement is entitled to credit.
Aaron Nash
Subscribed & sworn to in open court - this 26 th February 1833.
E. Conner.

Bev. War
9205
INVALID.
File No. 9205
Arthur Colwell
Briv. Boer War
Act: June 7 th 1852
Index:—Vol. 12 , Page 75
[Arrangement of 1870.]

State of New York County of Jefferson - {
so. Daniel Wherry formerly of the Town of Little Britain in the County of Orange in said State of New York & now living in the Town of Boonville in the County of Oneida and State aforesaid, Aged Sixty-seven Years, being duly sworn according to law, doth depose & say that he now is & was in the time of the Revolutionary War well acquainted with Arthur Colwell who now lives in the Town of Galway in the County of Saratoga & State aforesaid, that he the said Arthur formerly lived at Little Britain aforesaid and served as a private sol- dier in said War, in Captain John Burnetts Company Colonel Pauldings Regiment of the New York line of State Troops, from the 1 st of April 1780 until the 1 st of January 1781, being nine months, and that he this deponent served in the same Company & Regiment with the said Arthur Colwell during the Period aforesaid and that he the said Arthur was discharged at a place called Numbockus in the said State of New New York by Colonel Paulding on his Order on the said 1 st day of January 1781 and this deponent doth further say on his Oath aforesaid, that the said Arthur Colwell served as a private Soldier in the Company of Captain J. L. Holenbeck, in Colonel Widenfells Regiment of the Militia of the State of New York in the Revolu- tionary War from the 1 st day of April 1781 until the 1 st day of January 1782, being nine months that he served as a private and that he this deponent served with him the said Arthur in said Company under Captain Holenbeck aforesaid during the aforesaid period of

Nine months & were both discharged or dismissed on the said 15 th day of January 1782 at Numbuchus afore- said by the said Captain Holombuch Subscribed & sworn this
11 th day of Feby 1833 before me } Daniel Wherry M c . P. Jackson. Justice
I hereby certify that Daniel Wherry the person who signed the within affidavit is known to me, and is a man of truth and veracity Given under my hand at Brownville this 11 th of February 1833 - M c . P. Jackson Justice
State of New York Jefferson County ss. On this day personally appeared J. P. Polley who being first sworn, deposes and says that M c lellan P. Jackson before whom the within affidavit was prepared to him then known was at the date of the same a Justice of the peace in and for said county and that I am acquainted with his hand writing and verily believe his signature to the same to be genuine witness my hand and seal of office this 11 th day of February 1833 J. P. Burchard Clerk