Revolutionary War Pension and Bounty Land Warrant Application File R. 21,839, Allen Clary, Mass.

SERVICE
NUMBER
Mass.
Clary, Allen
P 21,839
CONTENTS

DECLARATION.
In order to obtain the benefit of the Act of Congress of the 7th June, 1832.
STATE OF MAINE, } ss. COUNTY OF LINCOLN, }
ON this 26 th day of December 1833 personally appeared in open Court, before David Perham Judge of the Court of Common Pleas now sitting, Allen Clary a resident of Georgetown in the County of Lincoln and State of Maine aged seventy seven 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 7th, 1832. That he entered the service of the United States under the following named officers, and served as herein stated,
In Colonel Samuel M'Gobb's Regiment , in the County of Lincoln , and in Capt John Hinkley's company in said Regiment, in the month of July , 1776 - and served in constant service, that year at Wincant & the mouth of Rennaba river , three months , in July, Augt. September & October , - in the year 1777, this applicant again served at Cape Small point & the mouth of Rennaba river  three months , during June July August & September , this service was constant in Capt Hinkley's company and in 1778 He again served four months in said company in guarding the coast from the attacks of the British , during June, July, August, September & October . this service was rendered at Coy's Head & the mouth of Rennaba river - that in 1779 - He served three months in Capt Hinkley's company commanded at that time by Capt. [?] during May, June & July - making the whole time of actual service for which he claims a pension during the revolutionary war thirteen months . He was born in Georgetown in the year one thousand seven hundred & fifty six on the eighth day of June - has a record of his age in a Bible - He lived in Georgetown when called into service & has always lived there. He was always a volunteer never a substitute never had a written discharge was always discharged . He is known to David Oliver Esq. Skinner & Jotham Trafton who were soldiers with him & to Elder Webbs & John Hinkley of Georgetown
He hereby relinquishes every claim whatever to a pension or annuity, except the present, and he declares that his name is not on the pension roll of the agency of any State.
Allen Clary mark
Sworn to, and subscribed, the day and year aforesaid.
Before
Judge of said Court.
David Perham

WE, David Webber residing in the town of Georgetown hereby certify, that we are well acquainted with David Webber who has subscribed and sworn to the above declaration; that we believe him to be 70 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.
State of Maine.
LINCOLN, ss.....Sworn and subscribed this 10th day of March A. D. 183
Before me,
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 David Webber who has signed the preceding certificate, is a clergyman resident in the Georgetown aforesaid and that John Hinkley who has also signed the same is a resident in the said town of Georgetown and an credible person and that their statement is entitled to credit.
David Penhallow Jas. Com. Pleas
State of Maine.
TO ALL WHOM IT MAY CONCERN.
LINCOLN, ss.....I NATHANIEL COFFIN, Clerk of all the Judicial Courts within and for the County of Lincoln, do hereby certify that Nathl. Coffin Esq. whose name is affixed to the above  ancillary certificate, as a Justice of the Peace is legally commissioned and duly qualified to act as such, and that the name so affixed is his own proper signature, to me well known.
IN TESTIMONY whereof I have hereunto set my hand and affixed the seal of the Court of Common Pleas this 10th day of March A. D. 183
CLERK.
Attest Nathl. Coffin Clerk

Allen Clay
29.767-5
April 11 1836
Ref d (with Resol s ) to the Committee on Rec. Pensions
Adv d M c Cobb M p
May 10 1836
Ref d " disch d - to lie
24
Will of the
Hon d E. Davenport
ans d at 23 d - 1834

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 subjjoined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will shew what is necessary to be done. These points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus: { ). You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your claim.
A Statement, shewing the Service of Allen Clary
   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.     1776 - 3 Private Col Sam l McCobb 77 years David Webber, Clergyman of Georgetown   1777 - 3 " " John Kinkley, Govt Clerk   1778 - 4 " " Georgetown supplementing widow   1779 - 3 Maine David Olin   13 " months James Sprague   Jonathan Trafton   depositions  
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
Proofs embodied & called into service were paid - If paid then service may be shown by the archives of the State of Pennsylvania

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 inquiry 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 within 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 fix 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.
[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.

State of Maine.
I NATHANIEL COFFIN, Clerk of all the Judicial Courts within and for the County of Lincoln, do hereby certify that the annexed paper, signed by the Judge and attested by the Clerk, contains the original proceedings of the Court of Common Pleas, at a special session thereof holden at Wiscasset in said County, by the Hon. David Perham one of the Judges of said Court on the 26 th day of December A. D. 1832, in the matter of the application of Allen Clary — for a Pension. IN TESTIMONY whereof I have hereunto set my hand and the seal of said Court this 26 th day of December A. D. 1832.
Nath. Coffin CLERK.

We David Webber a Clergyman of the Baptist order, now residing in the neighborhood of Allen Cary of Georgetown, and John Hinkley of the same Georgetown, hereby certify that We are well acquainted with Allen Cary who has subscribed & sworn to the foregoing declaration and we believe him to be seventy seven years old, that he is reputed & believed; in the neighborhood where he resides to have been a soldier of the revolution and we concur in that opinion.
David Webber.
State of Maine.
TO ALL WHOM IT MAY CONCERN.
LINCOLN, ss—I NATHANIEL COFFIN, Clerk of all the Judicial Courts within and for the County of Lincoln, do hereby certify that Nath. Groton Esq. whose name is affixed to the annexed paper, as a JUSTICE OF THE PEACE is legally commissioned and duly qualified to act as such, and that the name so affixed is his own proper signature, to me well known. IN TESTIMONY whereof I have hereunto set my hand and affixed the seal of the Court of Common Pleas this 26 th day of December A. D. 1832
Nath. Coffin CLERK.

Allen blary 29.757-
Ekavanagh AR
Walter Gideon agent Babb Main

I David Oliver of Georgetown aged seventy four years testify and say that I am well acquainted with Allen Clary of said Georgetown - he is now about seventy seven years of age - he was a private soldier during the Revolutionary war in a company of Militia commanded by Captain John Winkley of Georgetown, and actually served in said company as a private there in the years 1776, 1777 & 1778 in guarding the coast at & near the mouth of Kennebec river - said company was called out very often on that service and said Clary was always out on duty with the company. I am satisfied said Clary actually served as much as three months in each of those years. He was always a neighbor of mine & I well recollect his service - David Oliver
Dec 11
State of Maine Lincoln County ss. December 11 th 1833. Personally appeared before me the subscriber a Justice of the Peace for and within said County the above-named David Oliver and made oath that the foregoing deposition by him subscribed in my presence is true, and I further certify that said David Oliver is the person and his statement an entitled to all whom it may concern
Joseph Sewall
TO ALL WHOM IT MAY CONCERN.
LINCOLN, ss—I NATHANIEL COFFIN, Clerk of all the Judicial Courts within and for the County of Lincoln, do hereby certify that Joseph Sewall Esq. whose name is affixed to the annexed paper, as a Justice of the PEACE is legally commissioned and duly qualified to act as such, and that the name so affixed is his own proper signature, to me well known.
IN TESTIMONY whereof I have hereunto set my hand and affixed the seal of the Court of Common Pleas this 26 th day of December A. D. 1832
Nathl Coffin
CLERK.

I David Oliver of Georgetown aged seventy four years testify and say that I am well acquainted with Allen Clary of said Georgetown - he is now about seventy seven years of age - he was a private soldier during the Revolutionary war in a company of Militia commanded by Captain John Winkley of Georgetown, and actually served in said company as a private there in the years 1776, 1777 & 1778 in guarding the coast at & near the mouth of Kennebec river - said company was called out very often on that service and said Clary was always on duty with the company I am satisfied said Clary actually served as much as three months in each of those years. He was always a neighbor of mine & I well recollect his service - David Oliver
Dec. 11.
State of Maine Lincoln County ss. December 11 th 1833. Personally appeared before me the subscriber a Justice of the Peace for and within said County the above named David Oliver and made oath that the foregoing deposition by him subscribed in my presence is true, and I further certify that said David Oliver is a credible person and his statement an entitled to credit and belief. Joseph Sewall Just. Peace

I Jeremiah Sperry of Greystone in the State of Maine aged Seventy four years testify & say that I will know Allen Clary of said Greystone, and have known him ever since the revolutionary war - During the revolutionary war said Clary was a private soldier in a company of Militia in Greystone commanded by Captain John Hinckley, and served as a private in said company, when it was called out; which it often was, to guard the coast, as near as I can recollect said Clary served as follows in 1776 as much as three months, in 1777. Three months, and in 1778. Three months & I think the period of the services of said Clary was more than above stated, but I cannot say positively it was more - it was as much as above stated -  Jeremiah Sperry
Dec. 21.
State of Maine ss. December 21. 1833 Personally Lincoln County ss. the subscriber a Justice of the Peace before me the subscriber a Justice of the Peace for and within said County and made oath that the foregoing deposition by him subscribed in my presence is true, and I further certify that said Jeremiah Sperry is a credible person and his statements are entitled to credit and belief  Joseph Grewall Justice Peace

I Nathan Trafton of Georgetown in the County of Lincoln aged Seventy four years testify & say that I am well acquainted with Allen Clary of said Georgetown and have known him ever since the Revolutionary war and knew him during said war, said Clary is about seventy seven years of age. During the Revolutionary war said Clary was a private soldier in a company of Militia in Georgetown commanded by Captain John Hinkley in Col. Samuel McCobb's Regiment, said Company was called out frequently to guard the coast about the mouth of Kennebec river and at Wiscasset and was out on that duty in the years 1776. 1777. and 1778 and some afterwards, according to my best recollection said company was out on duty as much as three months each of those years, and said Clary served in said company as a private all the several times it was out. I am satisfied said Clary served as much as is above stated & I think more, but I was a private in the same company and served with said Clary & I think we were out in 1776. four months, but am not certain as to the precise time of service that year, I am satisfied it was as much as three months in each of those years that we were out in actual service -
Joseph Sciall
State of Maine ss. December 16 th 1833. Personally appeared before me the subscriber a Section of the Peace for and within said County and made oath that the foregoing deposition by him subscribed in my presence is true, and I further certify that said Nathan Trafton is a credible person and his statements are entitled to credit and belief. Joseph Sciall Just Peace

Commonwealth of Massachusetts.
Secretary's Office, March 28 th 1834.
I hereby Certify, That, from an examination of the Books and Documents, relating to Military Services in the War of the Revolution, which remain in this Department, it appears that the rolls of Capt. John Hinckley's Company, in Col. Samuel M c Cobb's Regt. as described by Allen Clary who claims for services under the above named Officers. in 1776. '77. '78. and '79. are not found in this Office.
Edward D Bangs. Ls

(3-223.)
Rev
No. 21.839
, Ex'r.
REJECTED
OLD WAR INVALID.
Allen Gray, of Maine P. O. Pri Col M c Cobb, Mass Troops
Service: Rev
Enlisted: _____, 18__
Discharged: _____, 18__
Application filed: _____, 18__
Alleges: _____
Re-enlisted: _____
Attorney: _____
P. O. _____
150