Revolutionary War Pension and Bounty Land Warrant Application File W. 18,936, James Collester, Mass.

SERVICE
NUMBER
Mass
Collester, James or Collister,
No. 18,936
Abigail
CONTENTS

New York 14,300
James Collester of Madison in the State of New York who was a private in the corps commanded by Captain Gilbert of the Regt commanded by Col Whitney in the Massachusetts line for 7 months and 14 days
Amount for same $22.50
Henry
Inscribed on the Roll of New York at the rate of 24 Dollars 87 Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 27 day of March 1835 and sent to Thomas Miller Madison
Arrears to the 4th of March '35 $ 6.17 Semi-ant. allowance ending 4 Sep r 12.43 $18.60
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by Dan Boyd Clerk, Book 82 Vol. 4 Page 11

Dead.
Paid at the Treasury under the Act of the 6 th April 1838, from 4 Sep 1839. to 5 th Jan y 1840. age Modified " Myrsy April 1841.
New York - 2,888
Abigail Colleston, widow of James Colleston, Mass who was a pensioner under the Act of 7 th June '32 and who died on the 28 th June 1836 of Madison in the State of N.Y.  Mass who was a Pen. in the County commanded by Captain Gilbert of the Regt. commanded by Whitney in the N York line for 7 mos 14 dys
Inscribed on the Roll of Albany at the rate of 24 Dollars 87 Cents per annum, to commence on the 1 st day of March, 1836. 29 th June '36
Certificate of Pension issued the 21 st day of May '39, and sent to Edw d Rogers, Madison, N. York
Arrears to the 4 th of March - $66.61 Semi-annual allowance ending 12.43
$79.04
{ Act July 7, } { 1838. }
Recorded by R Burrows Clerk, Book Vol. 2 Page 72

James Collett approved
18338
✓

In order to obtain the benefit of the act of Congress of June 7 th 1832 State of New York } Madison County }
On this ninth day of October 1832 personally appeared before the Judges of the Court of Common Pleas of the County of Madison in open court, James B. Eldridge, presiding Judge James Collister, a resident of the Town & County of Madison & State of New York, aged 72 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, made by the act of Congress passed 7 th June 1832, That he enlisted, or rather volunteered, as a private & served two months, in the State troops of Massachusetts, =Setts, in the year 1778 in General Sullivan's expedition on Rhode Island, & was when he volunteered a resident of the Town of Western in Worcester County, & State of Massachusetts, and that he joined Captain Gillette's Company, of the Town of Brookfield in the aforesaid County, in Massachusetts given name of Captain forsook, & that Matthew Brown of said Brookfield was first lieutenant, Lieutenant James of Greenfield in Hampshire County, Massachusetts was 2 d Lieutenant, given name not remembered, and that the said Company was attached to Col. Whitney's Regiment said Whitney was a resident of the aforesaid County of Worcester town nor his given name not remembered, & that the said Company mustered at Worcester aforesaid in the month of July of that year, he thinks about the middle of the month, & marched from thence, through Sutton & by way of Rehoboth directly to Giverton in the State of Rhode Island, & was after ward landed on the Island, & there remained until the army was withdrawn from the Island, and afterward was marched to Providence, where he was dismissed, having served the full term of two months, & that he did not receive any written discharge. And that James Blair now of the Town of Lebanon in Madison

County in this State served with him in the same company for on the same year 1780, enlisted as a volunteer to fill vacancies, in the Army of the United States. For six months as a private & that, he at the time resided in the same place as before & that he mustered at Springfield in Hampshire County Massachusetts, he thinks in July of that year, does not remember the day, & from h thinks the forepart, & from thence marched, under a United States recruit- ing sergeant, names not remembered to Litchfield Connecticut, & from thence directly to West Point, & was attached to Captain Has- -kell's Company, & Colonel names not remembered Marshall's Regiment given names not remembered, and Gen Glover's Brigade, & was there stationed, the principal part of the time of service, & that he was marched from thence to Tappan & Haverstraw, with a considerable part of the Army, & was present, at the Battle of Red Bank & that, afterward he was, was marched to West Point where he was dismissed, sometime in the forepart of January, 1781 & received no discharge as he remembers, but an order from the Col. of his Regiment, to draw rations at Litchfield & Springfield, on his return home, & that he served the full term of six months, And that Paul Blair now of the Town of Bridgewater in the County of Onida in this State, belonged to the same company & served with him, & in both his as well as the first services. Above stated, he entered the service as a private, & also that Samuel White of the said Town of Challis in Hampshire County in this State, was at West Point, a part of the said time of service, & was knowing, to his this applicant being there, in the Army - And that the said Paul Blair has so far lost his faculties of memory, that he could be of no use to this applicant, as this applicant has called on him for the purpose of obtaining his affidavit & found that he could

not remember the name of any of his officers, or of other officers, or of his Regiment, or of any fact which would be useful, to this applicant
And that he hereby relinquishes every claim whatever, to a pension or annuity except the present, he declared that his name is not on the pension roll of the agency of any State. And that he was born in the Town of Northboro in the County of Worcester — and State of Massachusetts on the 31 st day of October 1759 as he has been informed & believes, & knows of no public record of his birth & age, and that he has no documentary evidence, and that during the war he resided in the Town of Western in the County of Worcester — and State of Massachusetts. & resided after the war, in said Western till the year 1792 & then removed to Whitestown & was there two years. And then removed to the place of his present residence, where he has resided ever since. And that he is acquainted with Rutherford Barker Esq r , Seth Blair, Isaac Cook, Elijah Putnam who can testify to his truth & veracity. Sworn & Subscribed to this 9 th day of October 1832. in Open Court — A. S. Sloan Clk. James Colchester
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.

I Andrew S. Sloan, Clerk of the Court of Common Pleas in and for the County of Madison, do certify that the foregoing contains the original proceedings in the matter of the application of James Collester for a pension.
In testimony whereof I have hereunto set my hand and seal of office this ninth day of October 1832. A. S. Sloan CLK.

State of New York } Madison County } Is
I James Blair of the Town of Lebanon County of Madison & State of aforesaid, being duly sworn according to law, deponeth & saith that he is personally known to James Collister now of the Town & County of Madison in said State, volunteering and serving two months in the State Troops of Massachusetts in the year 1778 in Gen. Sullivan's expedition on Rhode Island & that he was attached to Captain Gilberts Company of the Town of Brookfield in the County of Worcester Massachusetts, & that Matthew Brown of said Brookfield was first Lieutenant, and 2 nd Lieutenant Daniel Densmore of Greenfield Hampshire County & same State, the given names of the latter & the Captain, he does not remember, and that the said Company was attached to Col. Whitneys Regiment of Worcester County, & that the said Company mustered at Worcester, of aforesaid in the month of July of that year & marched from thence directly to Rhode Island, where he performed & served the term he volunteered for, and this deponent redistricted into the same Company, at the same time for the same period & from the same place to wit the Town of Western, County of Worcester & State of Massachusetts and that he believes the said James is of the age of 72 years, and this deponent is of the age of 77 years. Subscribed & sworn to this } 27 th day of August 1832 before me } James Blair Thomas Millard Esq. Peace }

State of New York } ss Madison County }
I hereby certify that I am personally acquainted with James Blair who has subscribed & sworn to the within affidavit, and that he is reputed a man of respectability & of truth and veracity, and that all he sets forth in said affidavit is in my opinion entitled to credit and that I do fully believe the same to be true.
Madison 27 th Aug t 1832 Thomas Miller Jr.
Justice of the peace

State of New York } Madison County } ss
Samuel White of the Town & County of Madison & State of New York, being duly sworn according to law, doth on his oath depose & say, that, he was in the year 1780, in the army of the United States, at West Point & elsewhere, in the different marches of the army, and was personally knowing to James Collister, none of the Town & County of Madison & State of New York being in the army, and saw him frequently in the army as a soldier, and understood at the time that he had enlisted for six months, and thinks he belonged to Gen. Glovers Brigade. But does not remember the Regiment, and that he had been acquainted with him before he entered the service, & could know him in the army as before stated, but does not know how long he served, or when dismissed, but knows by frequently seeing him at different periods of the campaign that he must have served near six months, and has no doubt but that he did serve the full term of six months as stated in his declaration, which has been read in his presence, and that he has no doubt but that he is of the age of 72 years, & that the above services were rendered during the Revolutionary War. Subscribed and sworn to this 6 th day of September 1832 before me Thomas Millen Jr. Justice of the peace Samuel White
State of New York } ss Madison County } I certify that I am well acquainted with Samuel White who has subscribed & sworn to the above affidavit, and that he is reputed in the neighborhood where lives a man of truth and veracity, and in all respects respectable, and that I do believe all he sets forth in said affidavit to be true. Thomas Millen Jr. Justice of the peace Madison 9 th Octr. 1832

State of New York } Madison County Clerk's Office } ss. I, Andrew S. Sloan, Clerk of the said County, do hereby certify that Thomas - Millen Jr. before whom the two preceding Affidavits purport to have been sworn, was at the dates of the same, One of the Justices of the Peace in and for the said County. And that I am acquainted with his hand writing and verily believe his name subscribed to the said Affidavits to be his proper hand writing and signature. Witness my hand and seal of Office this ninth day of October 1832. A. S. Sloan Clerk
18338
James Collins affidavit

V
3730
Abigail Bolster widow of James N.Y.
2888
at 7. July 38.
adml 7mo. 10d pr
$24.87
Died 28 June 36 pen: com: 29 June 36
Edward Rogers. Madison N.Y.

Declaration
In order to obtain the benefit of the act of Congress of the 7th July 1838 entitled "An act granting half pay and pensions to certain widows" State of New York {
Madison County } ss: On this twenty eighth day of November one thousand eight hundred and thirty eight personally appeared before me Edward Rogers first judge of Madison County courts. Abigail Collister a resident of Madison in the County of Madison in the State of New York, aged seventy one years who being first duly sworn according to law, doth, on her oath, make the following declaration, in order to obtain the benefit of the provision made by the act of Congress, passed July 7, 1838. entitled, "An act granting half pay and pensions to certain widows." That she is the widow of James Collister who was a Revolutionary pensioner of the United States under the act of Congress passed 7 th June 1832. She further declares she was married to the said James Collister on the twenty third day of February one thousand seven hundred and ninety; and her husband the aforesaid James Collister died on the twenty eighth day of June in the year eighteen hundred

and thirty six that she was not married to him prior to his leaving the service but the marriage took place previous to the first of January seventeen hundred and ninety four viz; at the time above stated. Sworn & subscribed Abigail her X Holliston mark on the day & year above written before me; and I further certify that the said Abigail Holliston by reason of bodily infirmity can not appear in open court to make the foregoing declaration.
Edward Rogers first judge of Madison County Court
State of New York Madison County ss. Marcella Holliston of Madison in the County & State aforesaid being duly sworn deporeth & saith that he is the son of James Holliston & Abigail Holliston of Madison, that the said James Holliston died on the twenty eighth day of June eighteen hundred & thirty six; that Abigail Holliston is his widow & has remained unmarried since the death of the said James Holliston & that the said James died at his house & the said Abigail Holliston has resided with him since the death of her husband. and that by reason of bodily infirmity she cannot attend court to make the foregoing declaration.
Sworn & subscribed this 24 th day of November 1836 before me
Marcella Holliston Edward Rogers first judge of Madison County Court.

and I further certify that Narrena Hollister who has subscribed & sworn to the foregoing affidavit is a competent & credible witness entitled to full credit - Edward Rogers first judge of Madison County Courts
State of New York
Madison County ss I Alexander Donaldson junior clerk of the Court of Common Pleas in & for the County of Madison certify that Edward Rogers is first judge of the County Courts of Madison County & was so at the time the foregoing declaration & affidavit purport to have been sworn to and that the foregoing certificates purporting to be his are genuine -
In testimony whereof I have hereunto affixed my seal of office, and subscribed my name, this 11 th day of December in the year eighteen hundred & thirty eight
Alexander Donaldson Jr Clerk

Commonwealth of Massachusetts
Hampden County ss. I Ebenezer Knight Town Clerk of the Town of Brimfield in the County of Hampden & Commonwealth of Massachusetts, certify that the following is a true copy of the record of the marriage of James Collister & Abigail Hitchcock, kept by me as Clerk of said Town, with the exception of the date which is expressed on the record in fair legible figures, given under my extract, viz "married February the twenty third One Thousand seven hundred & Ninety James Collister & Abigail Hitchcock Feb 23. 1790"
Dated Nov 8. 1838
Ebenezer Knight Town Clerk of Brimfield
I Ebenezer Knight above named depose & say that I hold the office of Town Clerk in the Town County & Commonwealth aforesaid & that the above is a true extract from the records of said Town with the exception above named as certified by me
Ebenezer Knight Town Clerk of the Town of Brimfield
Sworn to before me this eighth day of Nov 1838 Jestus Foster Justice of the Peace
Commonwealth of Massachusetts Hampden County ss. I John Ingersoll Clerk of the Court of Common Pleas within said County do certify that Jestus Foster is a magistrate as above and that the foregoing signature purporting to be his is genuine
In testimony whereof I have hereunto set my hand & affixed the seal of the Court which is my seal of Office this twenty first day of November in the year of our Lord one thousand eight hundred & thirty eight John Ingersoll Clerk

State of New York
Madison County ss Abigail Hollister of Madison widow of James Hollister of the same place late a pensioner of the United States being duly sworn saith that she is the widow of the said James Hollister late a revolutionary pensioner of the United States; that her maiden name prior to her marriage with the said James Hollister was Abigail Hitchcock that the name of the clergyman who married them was Ebenezer Williams of Brinsfield of Massachusetts and that she resided at the time of her marriage at Brinsfield in the state of Massachusetts.
Witness Caroline Colchester
Abigail X Hollister mark
Sworn & subscribed before me this 23 rd day of February 1839
Edward Rogers first judge of Madison County courts
I further certify that the said Abigail Hollister who has signed the foregoing affidavit by affixing her mark to the same is a competent credible witness. Edward Rogers first judge of Madison County courts.
State of New York
Madison County ss I Alexander Donaldson Clerk of Madison County courts certify that Edward Rogers is first judge of said County courts and that the foregoing signatures purporting to be his are genuine.
In testimony whereof I have hereunto affixed my seal of office & subscribed my name this fourth day of March in the year 1839.
Alexander Donaldson Clerk

18338. James Colister Madison Co New York
Admitted 8 mo. for $26.66
For on Rolls Sept 10. '34
6 July 80. 6 mo. dischar d 20 Nov. 80. 5 mo. 14 d.
admitted 7 mo. 14 d.
A. S. Sloan Clerk Madison Co New York

WAR DEPARTMENT,
Pension Office,
183
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 subjocined 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 James Colister. Madison Co New York.
   Period when the service was rendered. Duration of the claimant's service. Rank of the claimant. Names and Rank of the Company officers under whom he served. Names and Rank of the General and Field officers. Battles in which the applicant was engaged. Country through which he marched. Place of abode when he entered the service, and age at the present period. Evidence by which the declaration is supported.   Years. Months. Days.     1778 " 2 " Pvt Capt Gil bert - Lt Brown Gen. Sullivan Col. Whitney None Rhode Is 72 years Worcester Co. Mass Two Witnesses   July 1780 " 6 " " Capt. Marshall Gen. Glover Col. Marshall " Conn.  
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 day 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 he 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 and 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.
[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.
[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.
Joseph Rowen Esq.

Rev WIDOW, &c.
File No. 18936
Abigail Collester Wid. of James Collester Priv. Rec. War
Act: July 7 th /82
Index:—Vol. CA , Page 150
[Arrangement of 1870.]

Payments to be made at New York by Credit: U. S. Br. Bank Agent for paying Pension- ers, in the Agency of New York
Recorded in the Pension Of- fice, in Book E Vol. 4 Page 50 by W. L. Williams, Clerk.

WAR DEPARTMENT.
Revolutionary Claim.
I certify that, in conformity with the law of the United States of the 7th June, 1832, James Colchester of the State of New York who was a Private in the war of the Revolution is entitled to receive Twenty Six dollars and Sixty Six cents per annum, during his natural life, commencing on the 4th of March, 1831, and payable semi-annually on the 4th of March, and 4th of September, in every year.
Given at the War Office of the United States, this 18 day of May one thousand eight hundred and thirty- Three
Lewis Cass
Secretary of War.
Examined and } Countersigned. }
J. L. Edwards
Commissioner of Pensions.

Mar. 12. 1839
To
Hon. J. L. Edwards
Commissioner of Pensions Washington
addl. info St. Louis 7 July 1839 3730

Madison March 6. th 1839
Sir, Enclosed I send you the affidavit required in the case of Abigail Holliston an applicant for a pension.
Yours respectfully Edward Rogers
Hon J. L. Edwards com ee of Pensions

May 20.
In at
Col. L.
FREE
Edwards Orquin Commissioner of Pensions Washington

Madison May. 16. th 1939.
L. H. Edwards Esquire
Sir, It is now about six months since a declaration, certificate of marriage duly authenticated & an affidavit of the death of the husband were forwarded in the matter of Abigail Adlister, a widow of James Adlister a pensioner. No answer has been received to the application, except a requirement of proof by affidavit of the said Abigail of her maiden name, place of residence and the name of the minister who married her. This, I had supposed, was explicitly stated in the papers forwarded before; but it appeared to be differently viewed by the Department. The last affidavit was forwarded three months since.
I would again respectfully call the attention of the commissioner to this case.
I am sir respectfully your obed t servant Edward Rogers

TREASURY DEPARTMENT,
Second Comptroller's Office,
April 26 th , 1841.
Sir :
Under the act of the 6th of April, 1838, entitled "An act directing the transfer of money remaining unclaimed by certain Pensioners, and authorizing the payment of the same at the Treasury of the United States," the child ren of Abigail Colchester, Ac d , a Pensioner on the Roll of the Albany N.Y. Agency, at the rate of Twenty four Dollars and 87 Cents per annum, under the law of the 7 th July 1838, has been paid at this Department, from the 4 th of Sept. 1839 to the 5 th Jan'y 1840.
Respectfully yours,
William L. Parris Comptroller.
To the Commissioner of Pensions,
Present.

V N. York Abigail. Collier lit. to E. Rodgers 12 Feb. 1839
Act July 1838

FREE
MS July 13 1838 Due 8 3/4
Hon. J. L. Edwards
Commissioner of Pensions Washington

Madison Dec r 3 d 1838
Hon. L. L. Edwards,
Sir, Enclosed are the declaration & affidavits necessary for obtaining the benefits of the act of Congress of 7. July 1838. The applicant is Abigail Collett. Returns are to be made to me-
very respectfully
Your ob t servant
Edward Rogers

Jan 19. Mch 6.
Miss N. F. Higgin's Collection
J. L.
J. L. Edwards, Commissioner of Pensions Washington

Madison Jan'y. 14 th 1839.
J. L. Edwards Esquire Comm'r of Pensions.
Sir, Please to inform me whether the case of Abigail Hollister an applicant for a pension under the act of 1838. has been acted on? Also, whether in the proof of marriage, the Department will vary from the rule as published & receive the testimony of a witness present at the marriage ceremony when it is known that proof a parish record exists? The evidence is distant & multiple attended with considerable expense to obtain it, in the case last referred to, & she is poor.
I am, Sir, with great respect your Obedient servant Edward Hogenz

Mar 26
NY
J. P. Williams Esq.
Commissioner of Pensions
Freedom Office Washington.
FREE JAMES WILSON

Madison Madison County New York
21 st March 1835
Dear Sir
Enclosed is the Pension certificate of James Collier returned for correction, by direction of William H. Fuller Esq. Representative to Congress, in this district. It would be desirable to have his new certificate forwarded immediately. Nehemiah Richardson feels much anxiety anxiety about his application for a pension and if his papers are lost, to be advised of the fact, that he may not lose time in renewing his application, two terms of the court have passed since information was received that his papers though Registered in the Pension Office had not been found; he wishes that in case they have not yet been found, and are considered as lost, to be so informed for the aforementioned purposes. In regard to the case of Abijah Richardson, when he rec d . his certificate, he did not think of making further testimony in support of that part of his claim, relating to his services in 1777. or the other services rendered afterwards, & in view to his entering Putnam's Brigade, the evidence for which, was discredited by the department, and particularly the services rendered in 1777. being discredited on account of his being too young at the time. He felt much sensibility in being thus discredited. I suggested to him the possibility of his being entitled. By the State of Massachusetts government, I wrote the Secretary of State on the subject. I rec d . the certificate from the said Secretary, which was presented at the Pension Office by Wm H Fuller Esq. This certificate proving that he did receive pay for services rendered the United States that year, although he was the age of 13 years when he entered the service, would seem to entitle him to credit in relation to his other alleged services, which has been discredited, they being supported with traditional evidence.

of the most respectable, and unimpeachable, and the tradition, of those alleged services, being general and of long standing. I would not pass the claim of any one whom I had a doubt, but all the applicants of these applications I have had charge of all my neighbors with whom I have had long acquaintance, the most of them from my early years, whose character & standing in society I believe to be good, and the traditions of services I have long known to be general, and none of those applicants resided at a greater distance than four miles from me, and most of them within four to five to three, tho' this is not testimony, yet the knowledge of this fact gives me confidence, that he is entitled to be credited for all his alleged services. Had he not proved services rendered when under 13 years of age, from a high source, it might well be disallowed, where he is not known, and this being proved I cannot perceive how the proof of his other alleged services, can reasonably be disallowed,
I am Sir Your Obdt
H. C. Edwards Esqr
Commissioner of Pensions
Serant,
Thomas Miller

James Collier N.Y. Albany $24.87- act 7 June when cashed G.M.C.
20 May 35-
Disc 28 June 1836 p't. that paid 116

James Colles ter Act 1818
Abner Richards attended to Nehemiah Richardson Hon
J. L. Edwards Esq.
Commissioner of Pensions. Pension Office Washington
Madison July 21
file

Madison, Sullivan County, New York 15 July 1834 Hon
J. L. Edwards Esq. Commissioner of Pensions Sir
As by yours of 27th I may further, proof was required of the alleged services of Shier. His friend, for a certain enlistment in Putnam's Brigade, and the being deemed by you to have been too young at that period to have performed such service, and also a discrepancy alleged to exist between his last declaration, and that of October 1832, I have acquainted him with the decision of the department in reference to his claim. He still persists that he performed all the alleged services, and no one here doubts it, and it is uncertain whether he can make further proof. I have written to persons, in Chestfield, Massachusetts, who I am informed lived there at the time of his alleged enlistment (a. d. 1800-1801) by Colonel Boney, for proof of the fact, but as yet have received no answer to my inquiries, altho' I think Mr. Shell, Mr. Richmond concludes in the mean time, to receive a certificate of the services of which you have satisfactory proof, of his services in Gen. Putnam's Brigade etc. until he can produce further evidence of his other alleged services. It seems that his statement is discredited on account of an alleged discrepancy between his declaration of October 1832, and that of 1833, by services alleged to have been performed in the latter, which were not claimed in the former. If such be the fact, the error was made by me in preparing his declaration, as I had before me the same memorandum of his alleged services, upon which each of his said declarations were prepared, as stated in mine to W. H. Fuller Esq. of 5th June, which was laid before you, as per yours of the 17th ult. now before me. It would be desirable that his certificate, for his services which the department have decided was by him rendered, should be sent as soon as convenient, as he is now a cripple and in poor health & much needs his pension. The Claim of Nehemiah Richardson whose declaration of 1833 is admitted to be on file in

the Pension Office, of June 1833 , he feels much anxiety to have a decision on. Enclosed is the affidavit of James Collister, in reference to his lost certificate. He also is anxious that his certificate should be sent soon, as he is poor.
I am Sir Your Obedient Servt.
Thomas Miller Jr.

State of New York } Madison County, }
On the 11 th day of March 1834, before me Thomas Miller Jr. a Justice of the peace in and for said County. Personally appeared James Collier, a resident of said the Town of Madison, in said County, aged 74 years, who first being duly sworn according to law, does upon his oath depose and say that in the month of September 1833 this deponent left his Pension certificate, with his wife, with orders to hand it to a certain person who was expected to call for the same, in order to make out his paper, to apply for the money Pension money from the 4 th day of March 1833, to the 4 th of September 1833, and that it was for the time laid in an open wicker basket, and that several children of neighbors were in the house at the time, since which this deponent has not seen, or heard from his said certificate, and that he thinks that either the children found it, or some other person must have taken it, or destroyed it, and that it is to him lost, and that he has not drawn any money from the Agency in New York for paying Pensions on it since the 4 th of March 1833, or elsewhere and that he has made all necessary inquiry respecting it, and in order to find it, without effect, and that he received the said certificate from the War department in the month of May or June 1833, but does not remember the date of the said certificate, and that said certificate, was given for eight months services rendered the United States as a recruit in the Revolutionary War. And that he respectfully solicits the department of War to grant him a new certificate, to enable him to draw his Pension. Subscribed & sworn this 11 th day of March 1834 before me Thomas Miller Jr. Justice of the Peace
James Collier

State of New York County of Madison
§ I, Andrew S. Hoan Clerk of the said County do certify that Thomas Milton to before whom the foregoing affidavit purports to have been sworn was, at the date of the same one of the Justices of the peace in and for the said County and that I am acquainted with his handwriting and verily believe his name subscribed to the said affidavit to be his proper handwriting and signature—
Witness my hand and seal of office this 28th day of March 1834—
A. S. Hoan— Clerk E Barnard Dep. C.R.

James Bolster adm

State of New York
County of Madison
On this 12 th day of July 1834 before me the subscriber, a Justice of the Peace for the said County of Madison, personally appeared James Collister, who, on his oath, declares that he is the same person who formerly belonged to the company commanded by Captain Marshall, in the Regiment commanded by Colonel Marshall, in General Gooch's Brigade, in the service of the United States; that his name was placed on the pension roll of the State of New York; that he received a certificate of that fact, under the signature and seal of the Secretary of War, which certificate on or about the sixth day of September 1833, at or near that day in the Town of Madison in said County, in his dwelling house, he this deponent took from his trunk his pension certificate for the purpose of sending it to his agent, to have his papers prepared in order to draw his Pension from the 4 th of March 1833, to the 4 th of September 1833, and put it in an open wicker basket, to remain until a neighbor should call for it, to carry to said Agent, and afterwards left the house, and at the time, there were a number of children in the house belonging to near neighbors, and this deponent supposes that some one of them took it from said basket and lost it, or mislaid it, since which time this deponent has not seen it, nor heard any tidings of it, altho' he has made diligent inquiries, in order to find it.
Sworn and subscribed to before me, this day and year above said Thomas C. Miller J.P.
James Collister
J. Peace

State of New-York } Madison County Clerk's Office } ss: I Andrew S. Sloan, Clerk of the said County, do hereby certify that Thomas Miller Jr., before whom the within Affidavit purports to have been sworn, was, at the date of the same, One of the Justices of the Peace in and for the said County, duly elected and qualified - And that I am acquainted with his hand writing and verily believe his name subscribed to the said Affidavit to be his proper hand writing and signature. Witness my hand and seal of Office this 19 th day of July 1834 -
ASloan Clk.

Let to Hon W K Fuller 19 June 54 Let to James Collester 24 Sept - 1834
Put to Hon W K Fuller 1834 James Collester 30 March 35
14300
16338 New York
James Collester of Ellison Co in the State of New York who was a Private in the Company commanded by Captain Gilbert of the Regt commanded by Col. Whitney in the Mass. Sta line for 8 mos. for.
Resided
Inscribed on the Roll of New York at the rate of 20 Dollars 10 Cents per annum, to commence on the 4th day of March, 1834.
Certificate of Pension issued the 18 day of May  1833 and sent to  A. J. Drown
Arrears to the 4th of March 1833 $ 53.32 Semi-ant. allowance ending 1 Sept.  1833  13.33
$ 66.65
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by W. L. Williams Clerk, Book 6 Vol. 4 Page 50
14 154 2333  2487