Revolutionary War Pension and Bounty Land Warrant Application File S. 12,529, Ebenezer Cook, Mass. N.H.

SERVICE
Mass. N.H.
book Ebenezer
NUMBER
8,12,529
CONTENTS
carded.
[Blank lined area for contents]
[Blank lined area for contents]

No. 198 of New Hampshire Ebenezer Cook
of Stafford in the State of New Hampshire who was a Private in the Contl. commanded by Captain Lathrop of the Regt. commanded by Col. Ward in the Mass. Sta. time for 1 Year.
Mass. N.H. Records completed. Oct 24/57
Enrolled on the Roll of New Hampshire at the rate of $10: Dollars. Cents per annum. to commence on the 14th day of March, 1831.
Certificate of Pension issued the 24 day of Sep. 1833 and sent to D. West Sandwich
arrears to the 14th of Mar. 33 $ 100 Semi-ann. allowance ending Apr 20 20 $120
Revolutionary Claim, June 7, 1832. G. A. Little Clerk.
Recorded by Book 6 Vol. 1 Page 77

Declaration in order to obtain the benefit of the Act of Congress passed July 7 1832 State of New Hampshire Strafford County
At the Court of Probate for said County at Sandwich in said County on the twelfth day of September in the year of our Lord One Thousand eight hundred and thirty two personally appeared before the Judge of Probate for said County Ebenezer Cook a resident of the Town of Sandwich aforesaid Yeoman aged seventy one 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 th 1832 that he at the Town of Franklin in the State of Massachusetts in the Year 1776 in the month of August enlisted into the service of the United States into the Company commanded by Captain Percy Cushing in a Regiment from the State of Massachusetts in the Brigade commanded by General Ward and served in said Company nine months and was dismissed at Boston without receiving any regular discharge. And in June 1777 he enlisted into a Company commanded by Nathan Saylor or a Marble from Montpelierborough in said County of Strafford through a part of New Hampshire & Vermont to Bennington where he was then in the battle under General Stark and was dismissed at a place called Stillwater

about eight days after said Battle, having served from the time of his last enlistment three months as near as he can recollect, and that 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 any agency in any State.
Ebenezer Cook
Sworn to and Subscribed in Open Court the year & day aforesaid.
We Daniel Brown residing in Moultonborough in the County of Stafford State of New Hampshire and Benjamin Bean residing in Tiptonborough in said County of Stafford hereby certify that we are well acquainted with Ebenezer Cook who has signed and sworn to the above declaration that we believe him to be of the age which he has stated that he is respected and believed in the neighborhood where he resides to have been a soldier of the revolution and that we concur in that opinion and we further say that said book enlisted into the service of the United States in 1777 served as he states in his declaration & that we enlisted at the same & in the same Company with him & served with him & therefore concur to the truth of his declaration as to his service in the New Hampshire Line. Daniel Brown his mark
Benj o Bean

The foregoing certificate was sworn to & subscribed in open Court the day & year aforesaid
And the Court doth hereby declare its 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 as he states And the above doth certify that it appears to him that Edward Cook Daniel Brown who has signed the preceding certificate is now a resident in the Town of Moultonborough & that Benjamin Bean who has signed the same certificate is a resident in the Town of Moultonborough and are credible persons and that their statement is entitled to credit
Daniel Atkinson Judge of Probate James Bartlett Register of Probate for the County of Strafford do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Eleanor Cook for a pension
James Bartlett Reg

Strafford December 13. 1832
State of New Hampshire
I Daniel Hoit Notary Public within said State do hereby certify that Edmund Cook, who signed the within disproof is the same person named in the an- nexed application
Daniel Hoit, Notary Public.
Edm Cook
Seal
12 North

Ebenezer Cook New Hampshire
Prob 12 months
Old face
Daniel Hart Esq Sandwich N H

WAR DEPARTMENT,
Pension Office,
May 22
1833
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 Ebenezer Cook  Stafford County New Hampshire
   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.     Enlist 1776 " 9 " " Capt Cushing Genl Clarke 71 years State of Massa Traditional Evidence No Case   " 1777 " 3 " " Capt Taylor Genl Stark  
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 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 [j] 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. M...
12529 INVALID.
File No. 12,529
Ebenezer Cook Dis. Rev. War.
Act: Jenne 7th 32
Index:—Vol. A , Page 77
[Arrangement of 1870.]

J. L. Edwards Esq. Commissioner of Pension from Daniel Root, Sandwich New Hampshire

Sandwich N.H. June 7. 1833 -
J. L. Edwards, Esq., Sir, When the accompanying papers were forwarded before I had no doubt but that the testimony was sufficient - as to certificate of the credibility of the witnesses Daniel Brown, and Benjamin Bean, the court, before whom the declaration of the applicant was made, have certified as to their credibility, which will be seen on reference to the certificate of the Register of the Court. This appears to be the only marginal reference, and as pains has been taken to procure additional testimony I hope there will be sufficient, if not I will be very much obliged to have the particular references marked so that my attention to the deficiency may be immediately directed - Do let the subject be taken up without delay.
Yours respectfully Daniel Root

Ebenezer Cook private Massachusetts Line 1776-9 monthly
The within series is issued as the private property of the establishment
Rejected.

State of New Hampshire } Shefford ss —
On this 25 th day of April A.D. 1818 before me the subscriber one of the judges of the Court of common pleas for said county personally appears Lott Cook and Joel Cook of the Town of Sandwich County and state aforesaid who being by me first duly sworn according to law doth on their oaths make the following declarations to be used in support of the preceding declaration of Ebenezer Cook that they the said Lott Cook and Joel Cook and their brother Ebenezer Cook aforesaid lived in the Town of Franklin in the state Massachusetts in the year 1776 that in the summer season of the same year their said brother Ebenezer enlisted into the United States service and went to Boston and was stationed there or at Scituate (as we understood) about nine or ten months that he the said Ebenezer did not return home until sometime in the summer season of 1777 not long before the battle of Brimington to which he the said Ebenezer went and was in the battle — all which we the deponents do testify from our best memory and recollection
Sworn to and declared before me the day and year aforesaid —
William Badger

State of New Hampshire } Stratford p. —
On this 25 th day of April A.D. 1818 before me the subscriber one of the judges of the Court of common pleas for said county personally appears Lott Cook and Joel Cook of the Town of Sandwich County and state aforesaid who being by me first duly sworn according to law doth on their oaths make the following declarations to be used in support of the preced- ing declaration of Ebenezer Cook that they the said Lott Cook and Joel Cook and their brother Ebenezer Cook aforesaid lived in the Town of Franklin in the state Massachusetts in the year 1776 that in the summer season of the same year their said brother Ebenezer enlisted into the United States service and went to Boston and was stationed there or at Nantasket (as we understood) about nine or ten months that he the said Ebenezer did not return home until sometime in the summer season of 1777 not long before the battle of Brimington to which he the said Ebenezer went and was in the battle — all which we the deponents do testify from our best memory and recollection Sworn to and declared before me the day and year aforesaid —
William Badger

I Joel Cooke of age depose & say that in the summer of 1776 Ebenezer Cook enlisted into the United States Service at a town called Franklin in the State of Massachusetts and he went to Boston and was stationed there, or at Wautusket and continued there about nine months, as he did not return till some time in the summer of 1777 & a short time after he enlisted again & went to Bennington Vermont, and was in the Battle at that place, as I ever understood. I further testify that Lott Cook who testified before Judge Badger Apr. 25. 1818 is dead, this being the cause that his testimony cannot be procured.
Joel Cook
State of New Hampshire.
Stoddard ss. Be it known that before me Daniel Hoit Notary Public in and for the State aforesaid, personally appeared Joel Cook a credible person, and made oath in due form of Law that the above declaration by him signed is true. In testimony whereof I have hereunto set my hand and affixed my Notarial Seal at Sandwich in the County of Stoddard in the State aforesaid this thirteenth of June A. D. 1833. Daniel Hoit, Notary Public.
We Giles Leach a Clergyman residing in the town of Sandwich aforesaid and Jeremiah Furber of the same town, hereby certify that we are well acquainted with Ebenezer Cook who has subscribed and sworn to the above declaration.

that we believe him to be about Seventy one years of age, That he is reputed and believed, in the neighbourhood where he resides to have been a Soldier of the Revolution, and that we concur in the opinion,
State of New Hampshire Stratham June 7. 1833
Giles Leach. Jeremiah Furber
Be it known that Before me Daniel Hoit, Notary Public in and for the State aforesaid, personally appeared Giles Leach a reputable Clergyman resident of the town of Sandown and Jeremiah Furber the signer, of the above declaration and made oath in due form of Law that the same is true, according to their knowledge & belief. I further certify that said Jer. Furber is a credible person
In testimony whereof I have hereunto set my hand and affixed my Notarial Seal at Sandown in the County and State aforesaid and on the day aforesaid
Daniel Hoit, Notary Public

State of New Hampshire County of Strafford ss }
On this 25 th day of April A.D. 1818 before me the subscriber one of the judges of the Court of common pleas for said County personally appears Ebenezer Cook aged fifty seven years resident in the Town of Moultonborough in the County and State aforesaid who being by me first duly sworn according to law doth on his oath make the following declaration in order to obtain the provision made by the late act of Congress entitled An act to provide for certain persons engaged in the land and naval service of the Uni- ted States in the Revolutionary war. That he the said Ebenezer Cook in the Month of August 1776 enlisted in the Town of Franklin in the State of Massachusetts for nine Months in the company commanded by Captain Peter Cushing he cannot now positively recollect the number of the reg- iment nor the Commanders name but thinks it was Scammins Generals brigade Massachusetts line that he continued to serve in said service of the United States in said war on the Continental establishment from August 1776 until about three weeks after his enlistment was out which was sometime in May 1777 when he was discharged at Boston in the State of

Massachusetts had no written discharge he afterwards served two months in the year 1777 and was in the battle of Bennington and that he is in reduced circumstances and stands in need of the assistance of his country for support — Sworn to and declared before me the day and year aforesaid — William Badger
I William Badger Judge etc. as aforesaid do certify that it appears to my satisfaction that the said Ebenezer Cook did serve in the revolutionary war as stated in the preceding declaration against the common enemy for the term of nine months and that he is in reduced circumstances and stands in need of the assistance of his country for support and I now transmit the proceedings and testimony taken and held before me to the Secretary for the Department of War pursuant to the Directions of the aforesaid act of Congress
In testimony whereof I have hereunto set my hand and have caused the seal of said Court to be hereunto affixed this 29 th day of August A.D. 1818 — William Badger
Attest Dan Waldrum Clerk of the Court of Com. Pleas for said County of Stafford