Revolutionary War Pension and Bounty Land Warrant Application File R 1682, Seth Cary, New York.

SERVICE
New York.
rary, Seth
NUMBER
R 1682
H. residence at enlistment.
CONTENTS

Declaration, in order to obtain the benefit of the act of Congress passed June 7, 1832.
At a Court of Chancery, held in and for the State of New York, now sitting at Onondaga Present. Daniel Moseley Esq r Vice Chancellor of the Seventh Circuit of the State of New York State of New York.
Onondaga County } ss: On this 23 rd day of September  October in the year 1832 personally appeared Seth Lary a resident of the town of Salina in said County, who, being first duly sworn accor- -ding to law, doth, on his oath make the follow- -ing declaration in order to obtain the benefit of the act passed June 7, 1832, his age being 76 years.
That he entered the service of the United States under the following named officers & served as herein stated.
That he first entered the service under a draft, at Maple town in Vermont and served under Captain John Jones on it was in the fore part of the year, and in the fall of the year, that he went to Fort Edward, staid there as a private soldier three months , under Major Abbott. He then returned home.
That the next spring after he was called out by Captain Brown in the Mati- -tia. The particular year he cannot recollect that he went to Fort George, but did not arrive there until the British had taken the Fort, and fired it, he then returned back, was gone one month .
And that he was called out and went to Skene's borough, and served under Captain Powell, and served two months and was relieved, and went home, and that was in the last of the winter, the same year that the place was taken, which happened in a few days after he left.
And that he was at Fort Edward at one other time and served two months was in that service as an officer.

and that he at the first of his said service enrolled his name in the militia as a minute man and stood as such during the war and was in actual service and called out very often and served short periods against the Indians and Tories, which particular times he cannot designate, but that he considered himself in service all the time as he was enlisted as a minute man.
That he never received any written discharge, that he thinks he was then in the service as much as four years, and that he has no written evidence of his said service, and he knows of no living witness by whom he can prove his said services.
That he was born near Quaker hill in the county of Dutchess in the State of New York in the year 1756 according to a record he has at home, that he resided at Mapletown in Vermont when he was first called into the service, after the war he moved to Lackawanna, in Pennsylvania, then to Housatonic in the State of New York then to the town of Salina where he now lives and that he is known to Ebenezer  Ebenezer  Thurber  Thurber and Allen D. Kimney who can testify for him.
He hereby relinquishes every claim whatever to a pension or annuity except the present, and declares that his name is not on the pension roll of the army of any state.
Subscribed & sworn to the his day and year aforesaid { Seth Thurber  Thurber mark Daniel Mosley }
Corrrect Judge Vice Chancellor
We Ebenezer  Ebenezer  Thurber  Thurber base & Allen D. Kimney residing in the town of Salina & County of Onondaga, do certify that we are well

Circuit Judge Vice Chancellor
We Ebenezer Ebenezer Lounsbury, Esq. & Allen D. Kimney residing in the town of Salina & County of Onondaga, do certify that we are well acquainted with Seth Cury, who has sub- scribed and sworn to the above declaration that we believe him to be 76 years old 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. Subscribed and sworn Allen D. Kimney the day and year aforesaid Henry Case Daniel Moseley Circuit Judge
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 revolution- ary soldier and served as he states — And the Court further certifies that it appears to them that Henry Case who has signed the preceding certificate is a resident in the town of Salina and that Allen D. Kimney who has also signed the same, is a resident in said town of Salina, and are both credible persons and that their statement is entitled to credit —
Daniel Moseley Vice Chancellor
Daniel Moseley Deputy Clerk of the Court of Chancery of the Seventh Circuit for the State of New York do hereby certify that the foregoing contains the original pro- ceedings of the said Court in the matter of the application of Seth Cury for a Pension —
In testimony whereof I have here- unto set my hand and seal of Office this 23 d day of October 1832
Daniel Moseley Deputy Clerk

An Affidavit Supplementary to a declaration made by Seth Carey October 23 rd 1882 in order to obtain the benefit of the provisions of the Act of Con- gress passed June 7. 1882
State of New York } Onondaga County } ss Seth Carey of the town of Salina in said County being duly sworn doth on his oath say That his said Declaration is wrong in this It states that he first was drafted in the town of Maple town in the State of Vermont whereas in fact when he was first called into the service he was draft- ed & he thinks the name of the town was Hoosac The Neighborhood was called Mapletown in the Eastern part of the State of New York adjoining to the State of Ver- mont. That at the time of said Draft, he resided in said place called Mapletown, that he was drafted for a term of Three months , and served in a Company Commanded by one John Johnson in the New York State Troops and Lieutenant Williamson (he thinks) in the fall of the year of 1876 but the particular day or month he cannot recollect & that the said service performed in his said Declaration during said term was correctly stated.
And he further saith that at the end of said Term he enrolled himself and volunteered as a minute man in the militia for during the war, and was almost constantly in actual service until the close and termination of said war that the particular services mentioned in his said declaration were performed. he thinks that second he served under Captain Brown in the spring of 1877. and under Captain Powell the succeeding summer. And he further saith he belonged to the Regiment commanded by one Col. John Napoleon, That he does not recollect the names of the Regular officers that was in that quarter at that time,

and he further saith that he was not employed in any civil pursuit, but was regularly enlisted from the time of his first enlistment in the spring of 1877 (according to his last recollection) in a regular organized corps until about the termination of hostilities, that he is now 77 years old, and his memory is very much impaired, and that he did so much service in guarding against the enemy continually that it is impossible for him to particularise, any more fully than he has, and he further saith that his services were performed in and about the vicinity of Boosie aforesaid, guarding against the Tories & other enemies, and he further saith that he is positive that he served more than two years, and all of his said services were done as a private soldier - and he further saith that he knows of no living witness by whom he can prove any of his said services, and he further saith that he is well known to Allen D. Kimme and Henry Base who has subscribed and swore to the certificate in his said declaration and further saith that and he further saith he served under Major Joel Abbott, - and further saith not
Subscribed and sworn before me this 8th day of July 1893. H. Edwards Jr. Dep. Clk. In the absence of R. S. Rep. Clerk
Seth Mrs  X Larry mark

18133
Seth Case
Onondaga county
New York
e. l.
Susp 2
1682
Gardner Lawrence
Syracuse
N. 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 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 Seth Carey , Onondaga county N.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.     Enlisted as a Minute man. Thinks he was in service as much as four years 3 private Capt John Johnson Capt Brown Capt Howell Fort Edward 77 Mapleton Vermont tradition   1   2   2 Fort Edward  
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 laid down for his guidance.
[b] The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not conforming to the rule.
[c] The age of the claimant must invariably be mentioned.
[d] The declarant must mention the period or periods of the war when he served. }
[e] Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had. Every claimant must state, with precision, the length of his service, and the different grades in which he served in language so definite as to enable the Department to determine to what amount of pension he is entitled. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service; but, according to the best of his recollection, he served not less than the periods mentioned below, and in the following grades:—For _____ year _____ months, and _____ days, I served as a _____. For _____ months and _____ days, I served as a _____; and for such service I claim a pension."
It is important, in all cases, to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months , is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state that they served two years in the militia, &c. without specifying the tours, the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must, in every case, be clearly shown under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
[f] The law makes the relinquishment indispensable.
[g] The opinion of the Court is always required.
[h] The Clerk must give his certificate in every case.
[i] The Clerk must affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he has no public seal of office, the certificate of a Member of Congress, proving the official character and signature of the certifying officer, should accompany the papers.
Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other papers authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
Proof of Service.
[j] In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses, who are required to set forth in their affidavits the time of the claimant's entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
[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.
[t] 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. }
T. B. Read

1682
RECEIVED
P. O. Little Caney
Service: _____
Enlisted: _____, 18
REJECTED
Discharged: _____, 18
Application filed: _____, 18
Alleged : List of suspended claims printed in 1852, shows cause of re-enlistment; suspension as follows: "Not stated with any precision, and he declines neighborhood proof."
Attorney: _____
P. O. _____
_____ Recognized. _____ Contract.
_____ Cert. of Dis. Searched for _____, 18

Seth Cary Rev. New York Suspended act 7 th Jn '32
Letter 120 th '33
To Ebenezer Lawrence Cambridge
R. 1682

O.C. 120 ch. 23
G. Lawrence
Rec? vol 30. p. 24.

War Dept Pension Off 17 Oct 1833
Sir,
The claim of Seth Caney has examined & suspended - His papers were returned with a brief &  an explanatory notes showing that he was required to set forth in precise language each item of his service as it re- spected period length & grade - where rendered names of officers - that it was in an embo- died corps in full organization & that he was not for the time claimed, engaged in any civil pursuit - His supplemental is even more vague than the original de- claration - No claim, (particularly of those who, still residing in the state where the alleged service was rendered) declare that they know of no person who can prove their service) can be admitted without a strict compliance with the regulations - His papers are placed on file
act 9 June
Gardner Lawrence Syracuse - N.Y.