Revolutionary War Pension and Bounty Land Warrant Application File S. 23,155, Daniel Church, Conn.

SERVICE
NUMBER
Conn.
Church, Daniel
S. 23.155
CONTENTS

Died June 6-1840.
5634
New York
Daniel Church of Pembroke in the State of New York who was a Private in the Company commanded by Captain Ensworth of the Regt. commanded by Col _____ in the Connecticut line for 7 1/2 months -
Inscribed on the Roll of New York at the rate of 24 Dollars 99 Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 14 day of Febru- ary 1833 - and sent to Hon. P. D. Tracy Hd Repres
Arrears to 4th of Sept 1832 - $37.48 3/4 Semi-ann. allowance ending 4 Mar '33 12.49 3/4 $49.98
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by G. Bromwell Clerk, Book D Vol. 5 Page 158

Declaration, in order to obtain the benefit of the act of Congress, passed June 7 th 1832. —
State of New York
Genesee County ss. On this sixteenth day of October 1832 personally appeared in open court before the Judges of the Court of Common Pleas now sitting at the Court House in the Town of Batavia in said county (the said Court being a Court of Record) Daniel Church a resident of the Town of Pembroke in the County of Genesee and State of New York aged Eighty Years the 11 th day of September last, 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 th 1832. —
That he entered the service of the United States under the following named officers and served as herein stated —
I enlisted on the first of May 1775 in the Town of New Hartford, County of Litchfield and State of Connecticut as a private in a company of Volunteers commanded by Capt Job Griswold, Our first lieutenant was Benjamin Mius, and our second lieutenant Aaron Austin, I enlisted for six months, Our company was attached to a corps under the command of Maj Olner, Immediately after the enlistment we commenced our march for the North — We marched to Greenbush in the State of New York where we remained a short time, and then went on to Fort George where we halted a few days, and then marched to Ticonderoga where we found Genl Schuyler, Our company was then under his command; we remained there a few days and then marched to Crown Point where we were stationed to keep Guard; we remained there as a Guard till some in the month
8

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 said Court further certifies that it appears to them that Theophilus Crocker who has signed the proceeding certificate is a Clergyman resident in the town of Pembroke in the County of Genesee, and that John D. Gafford, who has also signed the same is a resident in the same town and is a credible person and that their statement is entitled to credit.
Isaac Wilson William Mitchell Robert Earl Jr
I Timothy Fitch Clerk of the court of Common Pleas of the County of Genesee do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Daniel Church for a pension -
In witness whereof I have hereunto set my hand and seal of my office this 16 th day of October in the year 1832 Timothy Fitch Clerk

Revolution
23 155
INVALID.
File No. 28/53-
Daniel Church
Pri Rev Mr
Act: June 7 n 99 o
Index:—Vol. 2 , Page 69
[Arrangement of 1870.]

Daniel Church of New York
adm d

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 Church 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? IV. Has the declarant mentioned the period or periods of the war when he served? Not all 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? No VI. Has he given the names of the officers under whom he served, in conformity with the regulations? Not all 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?
XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it?
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?
has no knowledge of any such
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?
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?
XVI. ‡ Are the papers authenticated as the regulations direct? no
XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered?
5th not
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.

Daniel Church application -
18373
v. Please make returns to Horace M. Soper Batavia Genesee Co N.Y.
cont 1/2 mo. pri

I hereby certify that I am acquainted with the handwriting of John H. Safford esq d a justice of the peace and that the declaration within is his proper handwriting & that there can be no doubt of the genuineness of the papers made out by him - I also consent in the name of the applicant that his 2 nd term of service shall be estimated at 1 1/2 months.
Feby 8. 1833.
Phinehas S. Tracy M c L