Revolutionary War Pension and Bounty Land Warrant Application File R. 1994, Josiah Clark, Mass.

SERVICE
NUMBER
Mass-
Clark Josiah
R 1994
CONTENTS

Isiah Clark Hempstead age 4 Watertown NY 19870

STATE OF NEW YORK, } ss. Jefferson County, }
ON this sixth day of December 1832, personally appeared in open Court, before the Judges of the Court of Common Pleas, in and for said County, now sitting, Josiah Clark a resident of Adams in said County, aged eighty seven years, who being first duly sworn according to law, doth, on his oath, make the following declaration, in order to obtain the benefit of the Act of Congress, passed June 7, 1832.
That he entered the service of the United States under the following named officers, and served as here- in stated.
That he enlisted as a Minute man for one year as a private at Rochester Plymouth Co. Massachusetts in 1775 under Capt. Barney Doty and was out on alarms frequently, once at the landing of the British at Falmouth, again at the Battle of New Bedford, and is full confident that he was in actual service at least eight months during this enlistment. — That again at Rochester aforesaid he enlisted as a private in 1776 under Capt. Earl Clapp and attached to Col. Samuel Brewer Regt. Continental Troops for nine months and served the full term for which he enlisted at Roxbury, — Genl. Washington commanded. — again enlisted at Rochester aforesaid in 1777 for seven months  as a private under Capt. Joseph Packer, Col. Wheeler's Regt. and served the full term for which he enlisted at Dorchester when he was discharged. — That he received regular discharges at the end of the two last periods of service, and that he kept an accurate journal of all his service, officers &c. which he relied upon, and therefore did not change his memory so strongly as he otherwise should; which journal & discharge he has lately lost in a trunk in removing to Adams where he now lives, that owing to his advanced age, & consequent infirmities he may possibly be mistaken as to date, and is unable to recollect distinctly General officers — Spear was a Lieutenant in his company, and Haskell he thinks was Major — That he has no documentary evidence, and knows of no person whose evidence he can procure who can testify to his services. — That he was born in Rochester aforesaid in 1745 when his age is recorded. That since the Revolutionary War he has resided in Rochester & Windsor Mass. & Orwell Vermont, Putnam Washington Co. New York & Adams his present residence. —

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 Agency of any State.
Sworn to, and subscribed, the day and year aforesaid.
P. Burchard Clerk
Josiah Clarke
We, Joshua Freeman a Clergyman, residing in the Town of Adams in said County, and Timothy Rice residing in Adams hereby certify, that we are well acquainted with Josiah Clarke who has subscribed and sworn to the above declaration; that we believe him to be eighty seven 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 to, and subscribed, the day and year aforesaid.
P. Burchard Clerk
Joshua Freeman Josiah Clarke Timothy Rice
And the said Court 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 Joshua Freeman who has signed the preceding certificate, is a Clergyman, resident in the town of Adams and that Timothy Rice who has also signed the same, is a resident in Adams and is a credible person, and that their statement is entitled to credit.
I, PELEG BURCHARD, Clerk of the Court of Common Pleas, do hereby certify, that the foregoing contains the original proceedings of the said Court in the matter of the application of Josiah Clarke for a Pension.
In testimony whereof, I have hereunto set my hand and seal of the Court, this fourth day of December 183 7
P. Burchard Clerk

State of New York Jefferson County ss
Josiah Clark being duly sworn according to Law doth Depose & say that in his first summons enlistment into the United States Service for one year as a minute man in 1775. he at one time served not less than three weeks when the British burnt New Bedford, again not less than three weeks when the British landed at Falmouth again not less than two weeks at a time the British were expected at Plymouth about again were at Fiverson where the British were there not less than six weeks at both times. the British ship Cyprus being there. The British being a great part of the year in the neighborhood of this deponent, he was nearly the whole time out on alarm, and he feels confident that he performed at least eight months Service, but he cannot be more particu- lar upon the subject. The following persons reside in his neighborhood, and can testify as to his character for veracity and their belief of his services as a soldier of the
Revolution. Elders Joshua Freeman Jemmy Rice Hiram Ellenwood Joseph Brandall Lyman Brandall Eleazar Dewey Samuel Richards Jacob Ellenwood Arms Crane and Jemmy Heath.
Subscribed & sworn to this 29th of May 1833 before me D. And Lee Justice of the Peace
Josiah Clark

State of New York Suffolk County Clerk's Office ss I, Pelag Purchard Clerk of the said County do certify that Daniel Lee Esq. before whom the within affidavit of property to have been sworn was at the date of the same one of the Justices of the Peace in and for the said County. & that I am acquainted with his handwriting and verily believe his name sub- scribed to the said affidavit to be his proper handwriting and signature. Witness my hand and the seal of the said County this 29. day of May A.D. 1833
Pelag Purchard Clerk By David Winkey. Dep. Clerk

Josiah Clark for Ebenezer Rice
Oct 16-50 work but H.
E Rice reports papers in Prison Office
Josiah Clark Act 1832-N.Y. claim suspended
Ex by Mr Wade
Feb 57
Mr. Willis G. Wade Dear Sir Rose Chas. McE. Co Hillenshaw Oct 24.3 Apr 21. 30 N.Y.

the
Conboy Sep 20 1897
Mr Wade Sir on noticing your advertisement that appears to be so favourable concerning pensions I take the liberty to address you asking some advice and wishing some assistance if you should deem my claim sufficiently worthy of notice. I am heir of Josiah Clark an aged pen soldier in the revolutionary war who considered himself worthy of a pension but never laid any claim on account of not being sufficiently able to procure the proof required to obtain a pension until the year 1882 under the agency of Orville Hungerford of Watertown Jefferson CO the character of said Josiah Clark witnessed and approved by Eld. Freeman of Adams the town in which he resided Mr Hungerford considered the claim to be sufficient to satisfy the demands of the law but on account of some mismanagement or something it failed and came back a blank and on reading your advertisement so favourable to the heirs of deceased pensioners I would refer you to Washington in search of those papers should you deem it advisable if you can not find them there let me know and I will endeavour to search them out as I have already made search for them and was referred to Washington should you be successful in finding those papers and should

consider the claim sufficient to demand attention then write and let me know and I will prove myself as an heir of Josiah Clark who died in 1843 now concerning this pension according to the laws of the country it was just and right that my father should have drawn a pension which he never did as he spent much of his time and his property in the service of his country, which left him the rest part of his by days entirely dependant on his labour for his support and now if and now if the law of the country considers the heirs that they should have what was their fathers just due I consider myself for one to be very needy of assistance now if you will put forth your utmost energies to obtain this assistance and obtain it you shall be well rewarded
Curice Rice
P.S.
Direct your letter to Williams . Williamstown Corners Oswego Co N.Y.

19870
Pariah Bush N.Y.
proof
D. Hungerford

WAR DEPARTMENT,
Pension Office,
G. M. W. 183 3
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. 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 Isaac Clark Jefferson as N.Y.
   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.     Subst. '95 8 pr. man Colt Bangs Det. 87 Plymouth Co. (Mass.) Tradg.   '96 pr. "Clapp Colt Brainer   Cont. 177 9 " "Parker "Wheeler   '77 7 "  
I am, respectfully,
Your obedient servant,
The applicant must give a full account of service, according to regulations {
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 (a) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.
 1. Where and in what year were you born?  2. Have you any record of your age, and if so, where is it?  3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?  4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom?  5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services.  6. { To a Soldier. } Did you ever receive a discharge from the service, and if so, by whom was it given and what has become of it? { To an Officer. } Did you ever receive a commission, and if so, by whom was it signed, and what has become of it? 
7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution.
The Court will see that the answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant.
The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons - one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion. If one of these persons is a Clergyman, the Court will so certify, and they will also certify, to the character and standing of other persons, giving such certificates.
The traditional evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party. And the Courts are requested to be very particular in the enquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
Applicants unable to appear in Court by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court.
Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature.
No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.
[a] The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance.
[b] The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not conforming to the rule.
[c] The age of the claimant must invariably be mentioned.
[d] The declarant must mention the period or periods of the war when he served.
[e] Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had. Every claimant must state, with precision, the length of his service, and the different grades in which he served, in language so definite as to enable the Department to determine to what amount of pension he is entitled. In a case where the applicant cannot, by reason of 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 [j] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in note [j] applies to continental troops only.
[l] This traditional evidence is indispensable in militia cases.
[m] If a witness cannot be found, the declarant must state the fact.
[n] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.
W. L. Williams Clerk

New York Revol Josiah Clark Suspended
See letter to O. Maynard 15 August '33 1994
Act 7. Jan 1832

Acts of July 14, 1862, and March 3, 1873.
1994
REJECTED
P. O. _____
Josiah Clark
Service: _____
Enlisted: _____, 18
Discharged: _____, 18
Application filed: _____, 18
Alleges: _____
Re-enlisted: _____
Attorney: _____
P. O. _____
_____ Recognized. _____ Contract
_____ Cert. of Dis. Searched for _____, 18

Jonah Clark AD Jan 1832 Mr Cole March 27. 1857 I have seen the authority F B C
E B Geo R. Herrick atty April 3 d 57

Washington March 27, 1857
Sir
I am desired by the heirs of Josiah Clark , a revolutionary soldier, to enquire whether he ever made application for a pension. He was, in 1832, as appears by a paper inclosed to me, a resident of the Town of Adams, Jefferson County N.Y. Be pleased to cause an examination to be had and if such application be found allow me to examine the papers filed.
Very respectfully
Your ob st Serv t
Geo. R. Herrick
Cour t of Pensions

15
Hon. J. L. Edwards Com r of Pensions Washington

Watertown N.York Aug. 20 1833
Sir I have rec d your fav r of the 15 th inst t in relation to the application of Josiah Clark.
If the answers to the seven interrogatories are deficient, it is my fault, and not that of the applicant. I intended to make the answers full and supposed they were, but if not: I have to request that you return the paper, that the deficiencies may be supplied. — From your knowledge of the number of applicants who served under the same officer, it may be natural to suppose, that he might obtain some proof, and it is probable he might have a list of their names & residence, but when you consider that he is near ninety years of age, and without a dollar in his pocket, or any relative that is able to aid him, you can readily see the impossibility of his obtaining proof.
Yours &c O. Hungerford L. D. Edwards Esq