Revolutionary War Pension and Bounty Land Warrant Application File R. 2674, Thomas Dart, Conn N.H.

SERVICE
NUMBER _____
Conn N. H.
Dart, Thomas
R. 2674
CONTENTS

Thomas Potts Declaration, for Penn under act of June 7 1832
21450

State of New York, County of Essex Jp. On this twenty seventh, day of September 1832 personally appeared in open Court in the Court of Common pleas, held in & for the County of Essex before Reuben Whallon Thomas Flower Wolcott Tyrell & Ambrose Mason, Judges of the said Court now sitting in the Court House at Elizabethtown, in said County Thomas Dart a resident of the town of Keene  Keene , in the County & State, appeared aged Twenty eight years, who being first duly sworn according to law, doth on his oath make the following declarations, in order to obtain the benefit of the act of Congress passed June Seventh in the year one thousand eight hundred & thirty two
That he was born in the town of Bolton in the County of Hartford in the State of Connecticut on the last day of June in the year one thou- sand eight hundred seven hundred & fifty four - that he has in his possession no record of his age - but depends on his recollection as to his age -
That he lived in Bolton aforesaid until he was in the Nineteenth year of his age, when he removed to the town of Surrey in the County of Cheshire in the State of New Hampshire - where he resided until the commencement of the war of the revolution - that his next place of residence which was after his return from the Army was in Gilson adjoining the said town of Surrey where he resided until he removed to Keene where in the State of New York where he has ever since resided & which according to his his recollection was twenty eight years ago

That in the month of April 1775 when a British Detachment marched out of Boston to Concord & Lexington he turned out as a volunteer to repel the British force - that he was engaged on this occasion about ten days.
That in the latter part of July one thousand seven hundred and seventy five he enlisted for Nine months Service, in the Continental Army in a company commanded by Captain Jeremiah Miles Lieutenant Samuel Holmes Ensign Metcalf - joined his company at Cambridge Massachussetts - The Regiment to which this company belonged was called the Seventeenth and was commanded by Colonel Sargents - Brigadier General was Putnam - remained the whole nine months at Cambridge - duty was to keep guard and build barracks and Brisk works - near other troops there being the regiment commanded by Col. Sargents.
That in the Spring after his return from Cambridge he went to North Bolton Connecticut to render the Thomas Chapman his brother in law - In the month of July a draft was made on the militia of that place - The whole company was called out - when the said Thomas D. O'Brien acted as a substitute for the said Thomas Chapman and marched with the company to New Haven remained there ten days - went on board a Schooner for New York - were driven back by adverse winds - landed at Harlem and then marched company down to New York City, remained in this military service after he arrived at New York when the said Thomas D. O'Brien enlisted as a private.

in a company of continental troops command- ed by Captain Berge - Lieutenant Edward Rineel Ensign Hubbard - Orderly Sergeant — Butts - Can't recollect the number of the Regiment to which his company belonged; but it was commanded by Colonel Sage - Lieuten- ant Colonel Cleaveland - Major Muel - Major - They were stationed at Governors Island - and was at this place when Long Island was captur- -ed by the British - were fired upon by the British - retreated into the Fort and returned the fire - next day the Fort was abandoned and the three Regiments stationed there passed over to the city of New York - was taken sick here and on the night before the evacuation of New York by the Americans, was sent out of the city with other invalids to the country with directions to re-enlist and then join the army - joined the army as soon as he got well, in the early part of Octo- ber at White Plains - remained at New York while he was sick - At White Plains the three Regiments forming the Brigade to which Capt. Berge's company belonged - commanded by Brigadier General Spencer - were ordered out as an advance part to meet the part of the British army. They scouted themselves behind a stone wall until one flank of the British army came upon them suddenly when they soon gave them three wounds and retreated - for one week after this they were obliged to fire every night upon them - arms and suffered much fatigue and deprivation - only one meal of victuals per day - after the British abandoned the ground generally - the American troops left the Fort and marched to Harlem, where the Regiment to which said Thomas belonged was station- ed until his time expired - There during here was to guard the Military Stores. - but the said Thomas show recollection of moving from Harlem before he was discharged - retreated to Danvers where Pittsfield with provisions where he was discharged At White Plains, Captain Berge was mortally wounded.

which struck the barrel of Elisha Hulebarns which struck broke it and drove the ball into Capt. Berrys shoulder.
The said Thomas Dunt says he never received discharge at the expiration of either term therein - Received his pay in continental money. Eight dollars per month.
9 mo. The Period of the said Thomas Dunts last Mentioned Service was nine months .
After this the said Thomas Dunt volunteered three to go to Secondogen, from his party upon which he went part of the distance and returned - was absent both times about four days only - was engaged in all about three weeks with the Militia. - And the said Thomas Dunt thinks he has no documentary evidence of any kind in his possession or knowledge of any that can be obtained which will show that he served as a soldier of the revolution. He hereby relinquishes every claim 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 of any state.
I swear to the truth of the above 1831 Nov 24th and your aforesaid before me in open country
Leonard Woodcock of the county of Essex ss Com. Pleas
I David Fuller residing in the town of Wilming- ton in the county of Essex State of New York aged twenty two years do hereby certify that I am well acquainted with Deacon Thomas Dunt who has trespassed and sworn to the above declara- tion - that I believe him to be seventy eight years of age - that I was acquainted with him whilst he resided in the town oferry New Hampshire and knew that he enlisted as a man in the continental army and started from Cambridge - that I had a brother, Joshua

Fuller who enlisted at the same time for and term with said Thomas Dunt - He said also that he was afterwards in the army at New York and White Plains and after his return often heard him relate the result of his service action to those friends. He mentioned with those mentioned in the above declaration. - Knows too that he did some service in the militia and from the exemplary conduct and morality of Deacon Dunt, he has no doubt whatever that his narration is enti- tled to full credit. David Fuller Sworn and subscribed to the day and year aforesaid before me in open court. Leonard Wood clerk of Court for Penn y
And the said court do hereby declare their opinion that the above named applicant was a revolutionary soldier and deserve as he was a revolutionary soldier and deserve as he Signs by order of the court Leonard Wood clerk States.
I Leonard Wood clerk of the court of Common Pleas in and for the county of Essex do hereby certify that the foregoing contains the original proceedings of the said court in the matter of the application of Thomas Dunt for a pension. In testimony whereof I have hereunto set my hand and seal of office this twenty seventh day of September in A.D. 1832.
Leonard Wood clerk
I Leonard Wood clerk of the court of common Pleas of the in and for the county of Essex do hereby certify that the foregoing contains the original proceedings of the said court in the matter of the application of Deacon Thomas Dunt for a pension - that they are the identical papers in full as certified by me.

Under my seal of office this twenty seventh day of September last past - And as above contained
In testimony whereof I hereunto subscribe my name and affix my seal of office this twenty seventh day of July in the year
1833
Leonard Stone Clerk

21450
Thomas Dart Essex county New York
U.
Capt B D
L Stetson, Keeseville, 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 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. 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 Thomas Dart, Essex county, 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.     Enlisted (Continental) 1775 9 private Captain Stiles Colonel Sargent 1st Reg. Gen. Putnam Long Island Cambridge 78 Essex county   Substitute for Thos Chapman 10 Capt. Buzee Lieut. Paine Col. Sage Gen. Spencer White Plains Capt. Lillie Governor's Island White Plains   Enlisted Continental 1776 9 White Plains Harlem New Hamp. North Bolton Conn. one witness proves service of applicant   militia service on short calls 21  
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 place 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.

Thomas Dark
Act of June 7 th 1832
Dec 1852
J. M. Leigh
See p. 52
W. B.—Should two or more heirs join in the foregoing, the plural should be substituted for the singular number.  1. Defendant, "the widow of," or "child of;"—11. Magistrate's name;—12. Clerk's signature.  1. Where one of the legal heirs of the testator is a woman, the plural should be substituted for the singular number.  2. Revolutionary soldier's full name.—7. Claimant's signature.—8. Claimant's name.—9. Magistrate's signature.
ms

State of New York County of Essex
Be it Known, that on this thirteenth day of October A. D. 185 2 before me, the under-
signed, a Justice of the Peace, in and for the County and State aforesaid, personally appeared Ebenezer Dart the son of Thomas Dart deceased and agent for Fanny Taylor & Emma Johnson two surviving Sisters resident of the Town of Essex in said County, and made oath according to law that he and his two Sisters are the sole heirs to the Estate of Thomas Dart deceased who was a Soldier in the war of the Revolution, and who has heretofore made application for the benefit of the Pension Act of 7 th June 1842
That they are directly interested as a claimant in said Pension, and makes this affidavit to be filed with such additional evidence or arguments as my Agent may use in prosecuting said claim.
Countermanding and revoking all Powers of Attorney and authority heretofore given, I hereby constitute and appoint C. W. BENNETT , of Washington City, my true and lawful Attorney to prosecute the claim of Thomas Dart for any amount of Revolutionary Pension, or increase of Pension that may be due; and I hereby authorize my said Attorney to examine all papers or documents in relation to said claim, on file in the Department at Washington City or elsewhere, to file additional evidence or arguments, and to receive for my exclusive benefit, the certificate which may be issued for said claim, which certificate I wish made payable at the Washington City, D. C. Agency; to appoint one or more substitutes under him for the purposes herein expressed, and to do all things that I might or could do were I personally present. Hereby ratifying and confirming all that my said Attorney and Agent shall lawfully do in the premises.
Ebenezer Dart Emma Johnson  Fanny Taylor
Sworn to, Subscribed, and Acknowledged before me the day and year above written, and I hereby certify that I believe the said Ebenezer Dart Fanny Taylor & Emma Johnson to be directly interested in said claim as set forth, and to be the identical party therein alleged.
Wm H Hull Justice of the peace
State of New York County of Essex
It is Hereby Certified, that satisfactory evidence has been exhibited before me, Clerk of the Supreme Court that Ebenezer Dart the party who has sworn to, and acknowledged the foregoing Declaration and Power of Attorney, is the Identical reputed soldier aforesaid. I further certify, that Wm H Hull Esq. before whom the preceding affidavit and Power of Attorney were made and acknowledged, was, at the time of so doing, a Justice of the Peace, in and for said County, and that the signature purporting to be his, I believe to be genuine.
In Testimony Whereof, I have hereunto set my hand and affixed my seal of Office, this 13 th day of October 185 2
E A Adams Clerk
1. "That he is the identical man," or, "that she is the widow of the identical man," or, "that he or she is the legal heir of the identical man," &c., &c. 2. Post Office address. 3. "He is," "she is," or "they are." 4. Leave this line blank. 5. "He is," "she is," or "they are." 6. Revolutionary soldier's full name. 7. Claimant's signature. 8. Claimant's name. 9. Magistrate's signature. 10. "Identical," "widow of," or, "child of." 11. Magistrate's name. 12. Clerk's signature.
N. B.—Should two or more heirs join in the foregoing, the plural should be substituted for the singular number.
ms

2674
No. _____
Thomas Galt
Service: _____
REJECTED
Enlisted: _____, 18 .
Discharged: _____, 18 .
Application filed: _____, 18 .
Ages: _____
Re-enlisted: _____
Attorney: _____
No. _____
_____ Recognized. _____ Contract.
_____ Cert. of Dis. Searched for _____, 18 .

New York Rev:
Thomas Hart Suspended at. L. Stetson 4 Apr. 1833
2674
Act. 7 June '32