Revolutionary War Pension and Bounty Land Warrant Application File R. 2128, Jacob Cole, New York

SERVICE
NUMBER
New York
cole, Jacob
R.2128
CONTENTS
Blank lined area for contents entry
Blank lined area for contents entry

State of Ohio
Portage Co. ss
On this the 3 rd day of December A D 1853 personally appeared before me Edward Robison a justice of the peace within and for the county aforesaid in open court Mr Jacob W Cole a resident of Palmyra Township Portage Co and State of Ohio aged Seventy two 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 law of the United States granting Pensions to soldiers of the Revolutionary war and their Heirs That he is the son and only surviving heir of Jacob Cole deceased who was a soldier in the militia of the State of New York in the service of the United States in the Revolutionary war That said Jacob Cole died August 23 rd A D 1838 Eighteen hundred and thirty eight and that his wife Lydia died November 25 th A D one thousand Eight hundred and thirty seven and that he left no surviving widow or heirs except him the said Jacob W Cole
Sworn to and subscribed before me The day and year above written and I certify that I have no interest in the result of the case and am not concerned in its prosecution
Jacob W Cole
Edward Robison Justice of the Peace
State of Ohio Portage Co. ss
On this the third day of

4777
Locoh Cole Tumbul County Ohio—
Return /
George Parsons
Manda Lee } David T. a } Warren } Mumbull Co } Ohio
Lutherland Franklin Co Ohio

It is necessary for the applicant to produce his commission as Lieut. in Provost Service agreeable to the regulations - see Note 88
2128

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 subjunctive 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 Jacob Cole Trumbull City Ohio
   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.     Nov. 1776 4 Lieut. — Col. Th- uston N. York 86 Minnisi nk Ar- ange Co. New York Traditionary   1777 6 " — —   May 1779 10 " — —  
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 A. B.
Sworn to 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 (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
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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 services of any person, who may have died before the 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 , in the militia, &c. without specifying the tours, the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must, in every case, be clearly shown under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.  [f] The law makes the relinquishment indispensable.  [g] The opinion of the Court is always required.  [h] The Clerk must give his certificate in every case.  [i] The Clerk must affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he has no public seal of office, the certificate of a Member of Congress, proving the official character and signature of the certifying officer, should accompany the papers. 
Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other papers authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
Proof of Service.
 [j] In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses, who are required to set forth in their affidavits the time of the claimant's entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.  [k] The notes from [a] to [i] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in note [j] applies to continental troops only.  [l] This traditional evidence is indispensable in militia cases.  [m] If a witness cannot be found, the declarant must state the fact.  [n] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration. 
A Newman

Jacob Cole 4777 Ohio.
Suspended See Case Isaac  David  Mass N. 6872 See Letter to David Jodd Esqr March 25. 1836.
let 27 Apr 36. A. Lutheland
let: 22 nd Feb: 1840 To C. Whittelsey
Let: to Isaac Coles Esqr Palmyra Portage Co. Ohio. Jan 30-57
Let Ha Gen. W. Jones Aug 5/52
Let J. T. Neely Dec. 23/53
Act 7 June 1832 (over)
Let J. W. Forney AR & C
Feb 9. 1854
J. T. Neely Mch 22 1854
Isaac Cole, May 17/1854

Jacob Cole O, Nov 32

Washington City
Februy 7 1857
Dear Cousin
Sir
I have upon examination in the Clerks office House Reps found the papers alluded to in this letter in the file there and the Clerk of the House states that he will return them to your office by your addressing him a note to that request and ask that the papers in the claim with the request of the allowance of the Pension for the services of a person admitted some time since as the son cannot establish the service of said - allowance to be often to call for the papers. Both the Clerk of the House and a Report who made the Young Ruffus
Wm. Kelly

Aug. 11, 1852.
Hon. James E. Heath Chairman of Pensions.
Sir,
If you have any information in your Bureau, relative to the case of Jacob Cole, alluded to in the enclosed "documents," I would thank you to communicate it for the use of the committee on pensions. I send you all the papers in the case which have been referred to the committee.
very respectfully,
Your obedt Servt
Geo. W. Jones S.D. 845
Col. C. C. Kent "

Washington D.C. Dec 19, 1853
Sir.
Enclosed is the application of Jacob W Cole the only heir at law of Jacob Cole a Revolutionary Soldier and who made application under the act of 1832 for a Pension from the state of Ohio. The Department admitted on his application him a Pension for six months service as Private. he made application for knaves also. as an Officer but died without furnishing this evidence. His son cannot obtain such evidence of his commission as an Officer after making diligent search but consents to accept the Pension of six months as Private and requests that you will have the same issued to him as the only heir of said deceased Soldier
Yours very respectfully
M. T. Keely
Comm. Pensions Present 3

Washington City March 18 1854
Dear Cousin
Some time past I recd. a Report from Com. Dept. in the claim of Jacob Cole the two soldiers & who made application from the State of at Ohio under the act 1832 for a pension. That there was no papers on file & called on the Clerk of the House Reps. He showed me the papers on file there in his office but stated I should have to apply through a letter from you to have them returned. This request made to you by letter since has been returned since which time I have recd no reply, will you please inform me if I am asking fully of your Dept which does not appear to be to request the return of said papers as suggested by the Clerk of the House if so I will have the members from the District to have the returned as the son

Heir at Law of said old Soldier is becoming very impatient with me about the matter for him your earliest reply or rather to the attorney much obliged
Yrs Resp't J. H. S. J. H. S. Neely

2128 P. O. _____
Jacob Cole Service: _____
Enlisted: _____, 18
Discharged: _____, 18
Application filed: _____, 18
Alleges: _____ _____ _____
Re-enlisted: _____ _____
Attorney: _____
P. O. _____ _____
_____ Recognized. _____ Contr
_____ Cert. of Dis. Searched for _____, 18

Palmyra, Portage Co. Ohio.
May 10 th 1854.
Mr Waldo:—Hon. Commissioner of Pensions Dear Sir, Several years since Mr Jacob W Cole now of this place but then of Milton in Mahoning Co. Ohio. (Mahoning county being a new county from Trumbull county,) Made applica- for a Pension for the services of his father Jacob Cole in the Revolutionary war in the State of New- York both as a private and Lieutenant but the agent employed by him, a Mr. Green entirely neglected the business. It appears however that he laid the papers before the Pension office Department who returned them to him with a notification wherein the proof was defective. This I was informed of by a letter from your prede- cessor to whom I wrote on the subject. I then wrote to Green but could hear nothing from him, until Senator Dodge wrote me he was in the Poor house in Washington City— I then Employed J. T. Neely to attend to the business but after delaying it on many pretenses for more than a year we can get nothing satisfactory from him. I write this letter to you to obtain from you information with regard to the claim. whether any thing is due and what the amount is. whether any evidence is before the Department now

for investigation that will establish the claim Jacob W. Cole is an old man, he has a wife who has been an invalid and unable to walk for several years - He is in fact in needy cir- cumstances; now, if his father performed the military service in the Revolutionary war and is unrecognized to this day of which there is no doubt justice should not linger until the old man his son has struggled his way to the tomb a beggar. This is not the way I am proud to say the United States are in the practice of treating those who performed military service in any war in which we have been engaged much less those patriots who sacrificed every thing for their country in the war for independence.
You must be aware of the difficulty of obtaining proof of such services at such remote periods.
But Mr J. T. Neely of Washington city wrote that he had established six months service and would try to procure evidence of the Lieutenantcy.
But he in a late letter said that you had requir- red the original papers filed with the Department which were in the hands of Green and that he could not find Green to get them. I do not know what course Mr Neely has pursued please inform me how the matter stands and you will much oblige me.
Yours Respectfully Isaac Cole.

Department of the Interior.
Honorable John L. Edwards Commissioner of Pensions.
(As) the acting commissioner of Pensions Dear Sir; — I am requested by Jacob W. Cole a resident of Palmyra, Portage Co. Ohio to write to you regarding his father Jacob Cole who was a Lieutenant during the War of the Revolution
He was 1 Lieutenant under Captain Rosenkrantz or some such a name he pronounced it Rosencronde and was a minute man in the State of New York and served during the Revolutionary War.
He states that during the life time of his father several persons were en- gaged to make application to the United States government or its agents for a pension but none was ever obtained in consequence of their not properly attending to it.
He wishes me to inquire whether if the case is properly authenti- cated he can draw or will be entitled to the Pension money that his father was entitled to at the time of his death — He being the only sur- viving heir.
He also wishes me to inquire whether that he as the heir of his father is not entitled to bounty land.
I remain your humble servant Palmyra Portage Co Ohio Isaac Cole November 22 nd 1850

P. S. He suspects that there might have been some fraud practised on him by the agents that he formerly employed as he cannot account why except by sheer neglect that the Pension was not procured Jacob H. Cole is now an old man himself, once wealthy but now reduced to poverty. His father Jacob Cole has been dead about 8 or 9 years and his mother before that.
Isaac Coles.
Reply Ransom Jacob Cole

December AD 1853 Personally appeared before me Edward Robison a justice of the peace within and for the county aforesaid Nicholas Leonard and John Cole both residents of the Township of Milton Mahoning Co and state of Ohio who first being duly sworn according to law doth on their oath make the following statement that they were personally acquainted with Jacob Cole deceased who was a soldier in the service of the United States in the Revolutionary war in the service of the United States and that he died in the month of August AD 1838 and that his wife Lydia died previous to this time and that Jacob W Cole of Palmyra Portage Co Ohio is the only surviving heir of said Jacob Cole deceased and said Jacob W Cole is the identical son and only heir of Jacob Cole deceased
John Cole Nicholas his mark Leonard
Sworn to and subscribed before me Edward Robison a justice of the peace the day and year above written and I here certify that Nicholas Leonard and John Cole are worthy of credit and belief Edward Robison justice of the Peace
State of Ohio } Portage County } ss
I Edward Robison a justice of the peace within and for the County of Portage  Portage State of Ohio do hereby certify that I have the most satisfactory evidence viz the affidavits

of Jacob W Pleak the applicant for a pension for the services of his father Jacob Cook deceased who was a Soldier in the Revolutionary war of in the New York Militia and the Affidavits of Nicholas Leonard and John Cook both Residents of Milton Mahoning Co Ohio and also from my personal knowledge that the said Jacob W Pleak is the identical Son of Jacob Cook deceased aforesaid who was the identical Jacob Cook who performed the aforesaid military service in the Revolutionary war and that in the said Jacob W Pleak is the only surviving heir of said Jacob Cook deceased and that said Jacob Cook deceased left no surviving widow or heirs except his son the said Jacob W Pleak the applicant
Given under my hand at Polonza in Portage Co Ohio this 3 rd day of December A D one thousand eight hundred and fifty three
Edward Robinson
Justice of the Peace

On this 2 day of December 1853 one thousand eight hundred and fifty three
Edward Robinson
to Pease
The State of Ohio } PORTAGE COUNTY, SS. }
I, EBENEZER SPALDING, County Clerk and Clerk of the Court of Common Pleas within and for the county of Portage and State of Ohio, do hereby certify that
Edward Robinson Esquire, before whom the foregoing and annexed Certificate de
was taken, was at the time of taking the same a Justice of the Peace within and for said county, duly commissioned and sworn, and to all whose official acts, as such, full faith and credit are due and that the foregoing signature, purporting to be his, I believe to be genuine; and that said instrument is executed and acknowledged as required by the statutes of this State.
IN WITNESS WHEREOF I have hereunto subscribed my name and affixed the seal of said Court, at Ravenna, this
fifth
day of December
A. D. 1853.
E. Spalding
Clerk.
By
Deputy Clerk.

Jacob Cole Rev Sol act 1852 State Ohio
Parry
Whitely

POWER OF ATTORNEY.
Know all men by these presents, That I, Jacob W. Cole of the County of Portage and State of Ohio , and one of the children and legal representatives of Jacob Cole a Revolutionary soldier, and Lydian Cole his wife, who is now deceased, do hereby, irrevocably, constitute and appoint J. H. Neely , of Washington City , my true and lawful Attorney, for me, and in my name, to examine into and prosecute any claim that may be due, or found to be due, the children and legal representatives of Jacob Cole and Lydian Cole in virtue of said Jacob Cole service in the Revolutionary war, and the several acts and resolutions of Congress relative thereto, and that might have accrued to either of the said parties, and not drawn during their lifetime, and now due to their legal representatives, and to receive the certificate of Pension, &c., when issued by the Department: I hereby confirming whatsoever my said attorney may do, or cause to be legally done, either in person or by substitution, in the prosecution of said claim, except drawing money on the said claim, I revoking any other authority I may have given to any other person or persons in the premises whatsoever.
IN WITNESS WHEREOF, I have hereunto set my hand and seal, this 30 day of November , 1852.
Signed in presence of Edward Robinson Cyrus Cole
Jacob W. Cole 
STATE OF Ohio Portage County of Portage
} Sec.
On this thirtieth day of November , in the year 1852, personally appeared before me, Jacob W. Cole , and acknowledged the within Power of Attorney to be his act and deed.
Edward Robinson J. P.

The State of Ohio, } I, E. Spalding Clerk of the Court of Common Pleas, within PORTAGE COUNTY, SS. and for the county of Portage and State of Ohio, do hereby certify, that Edward Robinson Esquire, before whom the foregoing and annexed Acknowledgment was taken, was at the time of taking the same, a Justice of the Peace in and for said county, duly commissioned and sworn, and to all whose official acts, as such, full faith and credit are due, and that the foregoing signature purporting to be his, is genuine as I believe.
IN WITNESS WHEREOF I have hereunto subscribed my name and affixed the seal of said Court at Ravenna, this third day of Decr A. D. 1852 E. Spalding CLERK.
Jacob Cole Rev Sol abt 1832
State Ohio
Smooth
Stately