Revolutionary War Pension and Bounty Land Warrant Application File W 16914, Atwater Cook, Conn.

SERVICE
NUMBER
born
book, Atwater Mary
W 16914
CONTENTS

Paid at the Treasury under the Act of the 4 April 1838 for 4 Sept 1836 to the 4 Sept 1837 Age notified 15 June 1838
20 55 1666 3721
7442 18.60 93.02
24.081  New York  Water book
of Hakeem, in the State of New York who was a Siler V.C. in the Corp commanded by Captain Hook of the Regt. commanded by Col. Day in the Cont. line for 6 Months
5 " 5 days M 77 d 29 June 1839
Inscribed on the Roll of New York at the rate of 37 Dollars 21 Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 30 day of Oct. 1833 and settle H. Norton Fairfield
Arrears to the 4th of Sep '33 $ 93.02 Semi-ant. allowance ending 18.60 $111.62
{ Revolutionary Claim, Act June 7, 1832. }
Recorded by G. C. C. Clerk, Book 6. Vol. 4. Page 14.

3372 New York
Mary Cook,
widow of Stewart Cook , dec. a pensioner act 1832 who died on the 29 June 1839 of Herkimer (in the State of New York) who was a fifer &c in the Comp commanded by Captain Cook of the Regt commanded by Col. Day in the Conn. Comp. time for 11 months 25 days .
Inscribed on the Roll of Albany at the rate of 37 Dollars 21 Cents per annum, to commence on the 29 day of June 1839 .
Certificate of Pension issued the 25 day of June 1840 , & sent to H. Walton Little Falls N.Y.
Arrears to the 4th of March 1840 $24.31 Semi-annual allowance ending 4 Sept 40 18.60
$42.91
{ Revolutionary Claim, } { Act July 4, 1836, } { Section the 3d } }
Recorded by D.M. Condy , Clerk, Book C . Vol. 1 . Page 109 .

In the Matter of an application for a Pension under the Act of Congress passed June 7. 1832
Stewart Cook applicant
Declaration & amendments.

State of New York County of Herkimer
On the 17. day of October 1832. personally appeared before me Sherman Hoaple a judge of Herkimer county court, Matthew Cook a resident of the town of Salisbury in the county of Herkimer and state of New York aged (74) seventy four years who being first duly sworn according to law dotts, on his oath, make the following declaration, in order to obtain the benefit of the act of congress passed 7. June 1832 - That he entered the service of the United States under the following named officers and served as here in state - and the said

Atwater Cook Avers and says that he was born in Wallingford Newhaven County and State of Connecticut According to the Records of that Town on the third day of November 1758 and our Bible Records agree with the same, Some time in the Month January 1776 I enlisted a Soldier under Cap Isaac Cook See Hawkins Start En  for the term of two months our march from that Town by land to Horse Neck and from thence to the City of New York by water from thence crossed to Brooklyn on Long Island our employment was in building A breastwork or fort on the height of land in Brooklyn and to guard the British Man of war the old Asha from landing her troops there, there I served my time out and Discharged there — About the first of July 1776 I enlisted A Musician fifer for Six Months under Cap Jacob Brockett See Hummiston & Potter En John Mansfield marched from Wallingford to the City of New York there joined the Regiment under Col Duglass See Col Arnol May Porter See Brunson staid in the City some time, I was drafted from my Company a Musician with A number of Workmen to go to the laying out of Fort Washington & building of Fort, staid there About two weeks then returned to New York City & rejoined my Company, from thence our Regiment & the Company I belonged too crossed to Brooklyn on Long Island, I was left in the City Hospital Sick, not long after they crossed before a Battle commenced with the British & they took possession of the Island and our Regiment recrossed back into New York City, I soon recovered my health & rejoined my Company, from thence our march was up to Turtle Bay, not far from Hurlgate so called, there was Continental stores there, the British landed there and after the Battle commenced they took major Porter Prisoner and the stores there & the same day took the City of New York and after the second days Battle we made our stand at Harlem, after a short stay there we crossed Kingsbridge and Incamped in different Places until we arrived at White Plains, there I was with the Regiment and Company I belonged too & there the British made their first attack & our Regiment Received the first Shot from the British our men fell back from where the battle first commenced to our intrenchment on the rising ground and there made our stand for several days, from thence we we took our march up to the North with some Short stays on the road until our Regiment arrived to North Castle and there tarried until the first day of January 1777 mastering Light Horse then and there the Whole Company was discharged from my place of Residence and I think the Whole Regiment was — when Danbury was burnt I was called out to meet the British, distance about 30 or 40 miles the Number of days I do not recollect I was gone from home, servin a week or ten days
I Listed into the Troop of Mulesha Light Horse Under Cap John Bettes the Whole Company was called out to join the army at Peekskill in October 1777 our March was through New Haven to Danbury soon to Peekskill and was with Cap Sheldon Braps Cap Company of Continental Light Horse and was there when the News Came there that Gen Burgoin Army at the North was captured Gen Putman Commanded the at Peekskill at this time the Whole Company of horse stayed about one Month then there was a draft made out of the Company to stay one Month Longer which I was one, after the time was out I was discharged Second time — when the British landed and took possession of New Haven I was called out after they left New Haven they moved on with their Shiping to the East & we followed on as far as East Haven after this service almost ended in this town in October 1778 or 1779 I was drafted for one Month a Soldier to join a Small guard at New Haven under Cap Charles Norton I served my time out & was discharged my Residence Remained in Wallingford until Feb 1795 Removed from thence to the State of New York in Montgomery County Known by the Name of the Royal Grant or Kingsland there continued until June 1813 from thence to the Town of Sheffield in the County of Berkshire State of Massachusetts
See months here, upon my discharge and received no discharge in writing and this

of Massachusetts Continued there until May 1829 from thence to my former place of Residence now known by the Name of Salisbury Herkimer County State of New York
and the said Atwater Cook the applicant further declares that he has no documentary evidence and that he knows of no person, whose testimony he can procure who can testify to his service - but he believes that Amos Ives and Anson Ives of the town of Salisbury will vouch for his reputation as being a soldier of the revolution - He here by relinquish any claim to a pension or annuity except the present, and his name is not on any pension roll of the agency of any state or territory.
Atwater Cook
We, Amos Ives and Anson Ives, of the town of Salisbury do certify that we are well acquainted with Atwater Cook, who has subscribed and sworn to the above declaration that we believe him to be seventy four years of age, that he is respected and beloved in the neighborhood where he resides to have been a soldier of the revolution, and we concur in that opinion.
Sworn and subscribed before me a judge of Herkimer County Court Oct. 17. 1832 - Sherman Wooster
Amos Ives
Anson Ives
I Sherron Wooster a judge of Herkimer County court do hereby declare, that after the investigation of the matter, and after for the interrogatories prescribed by the War department, my opinion is that the above applicant was a revolutionary soldier and served as he states - And do further certify that I am well acquainted with Amos Ives and Anson Ives who have signed the preceding certificate and know them to be respectable residents of the town of Salisbury in the said county of Herkimer and are credible persons and that their statement is entitled to credit, and full belief. And I do further certify that the applicant cannot from bodily infirmity attend the court given under my hand at Salisbury the 17th of October 1832 Sherman Wooster

Herkimer County Clerks Office } ss.
I Julius C Nelson Clerk of the Said County do certify, that Sherman Wooster Esquire before whom the proceeding affidavits purports to have been sworn, and also before whom the foregoing declaration purports to have been made was on the day of their date one of the judges of the Court of Common Pleas for said County of Herkimer and duly and duly authorized to act as such judge - And that I am well acquainted with the hand writing of the said judge 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 22 nd day of October 1832 Julius C Nelson Clerk
Shaler South Apprehension Testimony for a pension
16135

State of New York
County of Herkimer ss: I, Nathan Cook of the Town of Salisbury in said County being duly sworn according to law deponeth & saith that he this deponent made his declaration before the Hon. Sherman Wooster a judge of the Court of Common Pleas, in & for said County of Herkimer on the seventeenth day of October 1832, in order to obtain the benefit of the Act of Congress passed June 7, 1832 & that said declaration is hereto annexed and this deponent further saith that the said Sherman Wooster has since died as this deponent is informed therefor and this deponent saith that he does hereby amend his said declaration by making an affidavit in the following words & figures, that is to say; Personally appeared before me the undersigned a Justice of the Peace in & for the said County of Herkimer, Nathan Cook, who being duly sworn deponeth 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 period mentioned below and in the following grades that is to say; This deponent enlisted as a volunteer at Wallingford in the State of Connecticut in January 1776 into Capt. Isaac Cook's Company in Col. Ward's Regiment in the State Service for two months, and this deponent was mustered and served as stated in his said declaration two months, as he well remembers. He received no discharge in writing. This deponent was attached with his Regiment to Genl. Stark's Brigade -
And this deponent further saith that about the first of July 1776 he enlisted as a fifer at Wallingford aforesaid under Capt. Jacob Mackay & was joined to Col. Douglass Regiment at New York in the State Service for six months and this deponent served as stated in his said declaration six months as he well remembers and after serving said six months this deponent was discharged but received no discharge in writing and this

deponent saith that the words "making Eight months in this town" interlined in his said declaration in the handwriting of the said Sherman Wooster is a mistake and this deponent believes that the said Sherman Wooster made such mistake in writing the same and this deponent saith it should have been written six instead of Eight months as this deponent served six months in said town —
And this deponent further saith that at the time Danbury in Connecticut was burnt he was called out with the militia in the State Service and was marched from Wallingford aforesaid to Danbury and served in the Company Commanded by Capt. not remember his name but deponent says in Col. is not recalled Regiment seven days according to the best recollection thereof as this deponent —
And this deponent further saith that when he was called into the service in October 1777 he was called out with the militia at Wallingford aforesaid and served in the State Service under Capt. John Battles in Col. is not recalled Regiment one month and then this deponent was drafted from his Company for one month more as stated in his said declaration and this deponent served one month more in the State Service under Capt. John Battles in Col. is not recalled Regiment making two months in this town as this deponent will remember —
And this deponent saith that when the British landed at New Haven as stated in his said declaration he was called into the service under Capt. not think it was Capt. Rice is not recalled Regiment in the State Service and when the enemy left New Haven & passed to the East on board of their ships this deponent was marched on as far as East Haven and this deponent served in this town five days according to his best recollection thereof and was then discharged but received no discharges in writing —
And this deponent saith that in October 1778 or 1779 he was drafted at Wallingford aforesaid for one month to serve in a guard at New Haven under Capt. Charles Horton in the State Service and this deponent was stationed and served in said guard at New Haven under Capt. Horton one month as he will remember and was then discharged but received no discharge in writing for such service this deponent claims a pension —
And this deponent saith that he was living at Wallingford in the State of Connecticut when called into the service during the Revolutionary war and since the war of the revolution he lived in Wallingford aforesaid till 1795 & then he moved to the Royal Grant now Town of Salisbury in Herkimer County in the State of New York & lived there till 1817 when this deponent moved to Sheffield in the State of Massachusetts and County of Berkshire

and lived in Sheffield aforesaid until 1829 and then the deponent moved back to Salisbury aforesaid in the County of Herkimer & State of New York and this deponent has lived ever since and still lives in the said Town of Salisbury in the County of Herkimer & State of New York.
Sworn to and subscribed this 6th day of July 1833 before me
Stewart Cook
Hiram Norton justice of the Peace in & for Herkimer County
State of New York                      Francis E. Spinnin, Deputy of County of Herkimer ss: I, Julius C. Nelson Clerk in and for said County of Herkimer do hereby certify that Hiram Norton before whom the foregoing affidavit purports to have been sworn was at the date of the same a justice of the Peace in & for the said County and that I am acquainted with his hand writing and that I believe his name subscribed to said affidavit to be his genuine hand writing and signature and I the said Julius C. Nelson Clerk of said County do further certify that Sherman Wooster before whom the foregoing affidavit hereto annexed purports to have been sworn and also before whom the foregoing declaration of Stewart Cook for a pension purports to have been made was on the day of then date one of the judges of the Court of Common Pleas in & for said County of Herkimer & duly qualified to act as such judge - and that I am acquainted with the hand writing of the said Sherman Wooster and verily believe his name subscribed to the said affidavit pur- porting to have been sworn before him as above stated to be his proper hand writing and signature and also his name subscribed to the said declaration of Stewart Cook hereto annexed to be the proper hand and signature of him the said Sherman Wooster - Witness my hand and Seal of office this 11th day of July A.D. 1833.
F. E. Spinnin

5077 In the matter of the application of Mary Cook, widow of Alvan Cook, for a Pension.
Declaration & Proofs:
H. Bolton Little Falls Herk. Co. N.Y.

State of New York.
County of Herkimer. On this Thirteenth day of May 1840. Before the Subscriber, First Judge of the Court of Common Pleas of the said County of Herkimer, which is by Law a court of Record, Personally appeared Mary Cook a Resident of the Town of Fairfield, in the said County of Herkimer, aged eighty one years & upwards, 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 4. 1836: That she is the Widow of Atwater Cook, who was a Piper in the Revolutionary Army: That her said Husband, the said Atwater Cook, served in the Revolutionary war, Both Before & after their intermarriage, & that their marriage took place Before the Expiration of the last period of her said Husband's Service in said War: That she was married to her said Husband, the said Atwater Cook on the nineteenth day of October 1777, at the town of Wallingford in the County of New Haven & State of Connecticut, as will more fully appear by Reference to the Proof herewith annexed. That her said Husband, the said Atwater Cook, died on the twenty ninth day of June 1839, at the town of Salisbury in the said County of Herkimer: & that she has Ever since his said Death remained, & still remains, a Widow: And the said Atwater Cook, her said Husband, was Before & at the time of his Death, a Revolutionary Pensioner of the United States & that the Application & Proofs on which the said Pension was granted, as she is informed & Believes, are on file in the War Office of the United States at the City of Washington & she begs leave to refer to them in Support of this her application for a Pension as his widow: And she herewith Returns, annexed hereto, the Original Pension Certificate granted to her said Husband, & on which he drew his Pension:
Sworn to & subscribed on the day & year above written, Before R. C. H. Smith, First Judge Herk Co. Com Pleas Mary Cook mark

I Anna C. H. Smith, First Judge of the Court of Common Pleas of the County of Herkimer, holden in the County of Herkimer & State of New York where the within named Declarant, Mary Cook, resides, do hereby certify, That she the said within named Mary Cook, is unable, in consequence of Bodily debility & the infirmities of age to attend the Court of which I am a Judge. And I do not think, from present appearances, that she will be able to attend the said Court at its next Session, And I have therefore attended at her place of abode & administered the foregoing oath: this 13 th day of May 1840 - A. C. H. Smith, First Judge Herk. Com. Pleas.
State of New York Herkimer County p: 3
I hereby certify that A. C. H. Smith Esq was on the thirteenth day of May Inst, First Judge of Herkimer Common Pleas duly Commissioned and qualified. And further that I am well acquainted with his hand writing & firmly believe that the above and within signatures purporting to be his are genuine - and that he is a resident of the said County of Herkimer - In Witness whereof I have hereunto set my hand & affixed the Seal of the said Court of Common Pleas this 15 th day of May A.D. 1840 - E. H. Munson Deputy for John Dygert Clerk

State of Connecticut New Haven County } February 12. 1840 Town of Wallingford } ss
I Samuel Cook of the Town of Wallingford aforesaid do hereby Certify that the following is a correct trans- cript of the record of the marriage of Mary Cook to Alvan Cook kept in my office Viz: Alvan Cook Marryed to Mary Bartholomew Oct 19 Samuel Cook Town Clerk
and I do further certify that it is a true copy of the record with the exception of the date which is expressed on the record in fair legible figures as follows Oct 19 th 1777 Mrs Samuel Cook Town Clerk
I Samuel Cook above named depose and say that I hold the office of Town Clerk in the County Town and State aforesaid and that the above is a true extract from the records of said Wallingford with the exception above framed as certified by me ————— Samuel Cook Town Clerk Subscribed and sworn to this 12 day of February, 1840 before me
Elisha M Pomeroy Justice of the Peace

8016135
Atwater book Herkimer Co N.Y.
e
Admitted
Fifer 6 mo Private 5. 25 days
William Nelson Fairfield Herkimer Herkimer Herkimer Co N.Y.

WAR DEPARTMENT,
Pension Office.
May 16 1833
Sir:
The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in a tabular form. On comparing these papers with the following rules, and the subjoined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will shew what is necessary to be done. Those points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus: { ). You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your claim.
A Statement, shewing the Service of Stewart Cook  Herbman Cook  Co. B. Ky
   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.     July 1776 2 Private Capt Cook Bunker Hill Home 41 years Traditional Evidence   July 1776 8 6 musician Lieut Cole Edy Quincy   July 1777 not definite sergeant 1st Lieut Capt Brooklyn Conneaut   Dec 1777 2 Capt Capt Long Island Conneaut   Feb 1778 Brockett Col White Plains Conneaut   Aug 9 - 1 Lieut Major Red Bank Conneaut   Hammer Major Red Bank Conneaut   Porter Porter White Plains Conneaut   Tom Ensign White Plains Conneaut   Stearnsfield Col White Plains Conneaut   Capt Det n am White Plains Conneaut   1st Lieut White Plains Conneaut   2nd Lieut White Plains Conneaut   1st Lieut White Plains Conneaut  
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 do hereby certify (h) that the foregoing contains the original proceedings of the Court of the application of said Court in the matter 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.
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 (1) 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.
□ 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.
[k] This traditional evidence is indispensable in militia cases.
[l] 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.

  40  3  4    39  6  29        8  5     3  10 \frac{1}{2}     8        24  8  06     5  7       24  3  11  
5877  Mary Cook Ma of Stewart New York Act July 4 1836 Married 1777 d. June 29. 1839 Allow $37.21 per ann.
H. Nelson Esq. Little Falls NY.

5077
May 22 1840
Nov. July 4 1836
Revolutionary Claims J. A. Church Compt. of Indian Washington City

Sir
Enclosed I send you the declaration & proofs in the case of Mrs Mary Cook widow of Alvan Cook die d for a pension - Please return the certificate of Pension if allowed due -
Permit me to call your attention to the cases of widow Lucy Barnes and Widow Wilson which I sent to you in March last - I suppose those cases to be clear; the widows  being the wives the husbands of those widows being entitled to any pensions and their earnings procured by said widows yours truly
Little Falls May 18 th 1840 H. Norton To Hon d S. Edwards Court of Pensions

Treasury Department,
SECOND COMPTROLLER'S OFFICE,
June 12. 1838.
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;" Stewart Cook a Pensioner on the Roll of the Albany Agency, at the rate of thirty seven Dollars and twenty one Cents per annum, under the law of the 7 th June 1832 has been paid at this Department, from the 4 th of Sep. 6. 1836 to the 4 th September 1837.
Respectfully, yours,
Albin K. Parrish Comptroller
To the COMMISSIONER OF PENSIONS, Present.

Rev WIDOW, &c.
Rev
File No. 16914
Mary Cook Widow of Atwater Cook Life of Rev War
Act July 4 th 36
Index: Vol. a , Page 149
[Arrangement of 1870.]

STATE OF CONNECTICUT, } NEW HAVEN COUNTY, } ss. COUNTY COURT CLERK'S OFFICE.
I, G. W. Beach Clerk of the County Court, within and for said County, and Keeper of the Seal thereof, and of the Commissions of Justices of Peace, within and for said County, hereby certify that
Elisha M. Pomeroy
Esq. is a JUSTICE OF PEACE,
within and for the said County, duly appointed, commissioned, and sworn, with power to administer oaths and take the acknowledgment of Deeds; that his Commission is dated the 8 th day of June A. D. 18 39 and will expire on the twentieth day of June, A. D. 1840; that I am acquainted with his hand writing, and that the signature hereto annexed, purporting to be his, is his genuine official signature.
In testimony whereof, I have hereunto set my hand and the Seal of said Court, this 20 th day of Feby A. D. 1840
G. W. Beach Clerk.

Payments to be made at New York by J. S. B. W. M. Agent for paying Pension- ers, in the Agency of
New York
Recorded in the Pension Of- fice, in Book E. Vol. 1. Page 91 by C. C. Little Clerk.
Liberty 2 p.m. Pension Office Oct. 1.

WAR DEPARTMENT.
REVOLUTIONARY CLAIM.
I certify that, in conformity with the law of the United States of the 7th June, 1832, Atwater Cook of the State of New York who was a Piper &c. in the Revolutionary Army — is entitled to receive Thirty — seven dollars and Twenty — one 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 — 30 — day of October one thousand eight hundred and thirty- Three
Lee
Secretary of War.
Examined and } Countersigned. }
J. L. Edwards
Commissioner of Pensions.