Revolutionary War Pension and Bounty Land Warrant Application File S. 16712, Moses Clark, Mass.

SERVICE
Mass.
Clark, Moses
NUMBER
S. 16712
CONTENTS
carded

New York 28.560
Moses Clark
of Monroe Co. in the State of New York who was a Private in the Company commanded by Captain Pomeroy of the N.Y. by Col. Tilledon in the M. militia time for 11 mo. 25 days Mass.
Inscribed on the Roll of New York at the rate of 39 Dollars 44 Cents per annum. to commence on the 4th day of March, 1831.
Certificate of Pension issued the 17 th day of April 1834 and sent to Hon. J. Dickerson
Arrears to the 4th of March 1834 $118.32 Semi-ant. allowance ending Sept r - 434 19.72
$138.04
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by Saml H. Page Clerk, Book E Vol. 4 Page 131

State of New-York Monroe County ss.
Personally appeared before me, the undersigned a Justice of the Peace &c. Moses Clark, Who being duly sworn, deporeth 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 grade: For one year and four months as a private; and for such service I claim a pension.
And upon his oath further states that he does not recollect the names of any of his Officers with whom he served during the period mentioned under the third period of his declaration.
Moses Clark
Subscribed & sworn
this 24 th day of May
1833 Before me
Ephraim Goss
Justice of the Peace
State of New-York
Monroe County ss: I certify that Ephraim Goss Esq. before whom the above affidavit was sworn, was at the date thereof a Justice of the peace in and for said county, and that I am well acquainted with his handwriting and verily believe that his name subscribed to said affidavit is his proper hand writing and signature -
(Witness my hand and official seal this twenty fifth day of May 1833. Leonard Adams clerk

State of New York County of Monroe } ss.
On the second day of October in the year of our Lord one thousand eight hundred thirty two personally appeared in open Court before the Court of Common Pleas in said County now sitting Moses Clark a resident of the town of Pittsford in the County of Monroe & state of New York aged seventy 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 & served as herein stated.
1 That he enlisted in the revolutionary War in April in the year 1775 in the Company commanded by Captain Abner Pomeroy in Colonel Fellows's Regiment of the Infantry of Massachusetts line that he continued to serve in this Company Period until the first day of January 1776 when he was discharged from service at Roxbury. That when he entered the service he resided in the town of Southhampton in the County of Hampshire & state of Massachusetts. That during this Campaign he was not in any battle, that he marched from Southhampton as a minute man to Cambridge & at Cambridge enlisted during the year & marched with his Company from Cambridge to Roxbury & was stationed at the latter places during this Campaign. That his principal duty was to be on guard & fatigue that he served about eight months, thinks he assisted in building some forts & redoubts. 8 mo. 2. That he again entered the service on the 23 d day of July 1776 as a Volunteer in the Company under the Command of Captain Joseph Lyman attached to Colonel Ruggles, Woodbridge's Regiment of the Infantry of the Massachusetts line, that he enlisted at this time & resided in Southhampton aforesaid that he continued to serve until the twenty first day of Period November of the same year & was then discharged his said Company being disbanded - That during this Campaign he was in no important battles, that he marched at this time from Southhampton to Keeneborough (now Whitehall) from thence to Ticonderoga. The principal part of the time 4 mo.

was spent in marching as he was ordered by his Officers, that most of the time he remained at Whitehall & Secondogee his principal duty was to guard & was frequently called out on alarms when they heard that the British were approaching, that he served at this time about four months & more than that time counting the time of returning home.
3 That he again enlisted into the Service in the year 1777 & marched from Southhampton where he enlisted to Bennington a few days after the Battle at that place, the month he entered the Service at this time he does not recollect otherwise than by a reference to the time the Bennington battle was fought recorded in history which was on the 16 th of August 1777 & a reference to the Battle of Saratoga makes it state that he left the Service at this time about the middle of October of the same year & that from a reference to these two battles he must have been on this expedition about two months.
4 That he again entered the Service as a Volunteer, the names of his Officers he does not recollect that he then resided in Southampton in the year 1779 thinks it was in the fall of the said year, that he marched from Southampton to New London and remained there about two months, his principal duty was to be on guard at the fort of New London & other adjacent places. That the whole time spent in the Revolutionary War as above set forth is one year & four months. That he has no Documentary Evidence excepting a Memaan- Book in which is recorded the dates & most important events of the four months expedition mentioned under the second head of this declaration that he knows of no person whose testimony he can procure who can testify to his Service. To the Interrogatories put to him by the Court he answers as follows.
To the 1 st Interrogatory - That he was born at Southhampton aforesaid in the year 1755
2 That he has a Record of his age kept by his father that it is now in his possession
3 That he lived when he entered the Service in Southhampton aforesaid

and during the War, that he has lived since the War in Hawley Massachusetts removed from Hawley to Kenner in the County of Madison in the state of New-York & from thence to Pennetta in the County of Ulmer & state aforesaid and from thence to Pittsford in the County & state last aforesaid where he now resides.
4 That he was a Volunteer in the Infantry of Massachusetts. 5 That he does not recollect of any other officers than those above set forth. 6 That he never received a written discharge. 7 That Daniel Brown Joseph Shepard, Augustus Norton, David Acer, Nathan Calhoun, can testify to his character for veracity &c.
He hereby relinquishes every claim whatever to a pension or annuity except the present, & declares that his name is not on the pension roll of the agency of any State.
Sworn to & Subscribed { the day & year aforesaid }
Moses Clark
J. Cutter Dep. Clerk
We Daniel Brown a clergyman, residing in the town of Pittsford in the County of Ulmer & State of New-York & Nathan Calhoun residing in Pittsford aforesaid, do hereby certify that we are well acquainted with Moses Clark who has Subscribed & sworn to the above declaration; that we believe him to be seventy seven years of age; that he is reputed and believed in the neighborhood where he resides to have been a soldier of the revolution & that we concur in that opinion.
Sworn & Subscribed { the day & year aforesaid }
Daniel Brown Nathan Calhoun
J. Cutter Dep. Clerk
And the said Court do hereby declare their opinion after the investigation of the matter, & after putting the interrogatories prescribed by the War Department, that the above named applicant was a revolutionary soldier, & served as he states. and the Court further certifies that it appears to them that Daniel Brown who has signed the preceding Certificate is a clergyman resident of the town of Pittsford and that

Another person person who has also signed the same is a resident in the town of Pittsford & is a credible person & that their statement is entitled to credit.
I Leonard Adams Clerk of the Court of Common Pleas of the said County do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Moses Clarke for a pension.
In testimony whereof I have hereunto set my hand & seal of Office this second day of October A.D. 1832.
L. Adams Clerk
B. 775 In the matter of the Application of Moses Clarke For a Pension

13,778. Moses Clarke Monroe County New York
Adm. it Private 11 mo 25 days e
Hon John D. Dikeman House Reps N.Y.
Ebenezer Dyer Albany Co N.Y.

WAR DEPARTMENT,
Pension Office.
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, showing the Service of Moses Clarke
   Period when the service was rendered. Duration of the claimant's service. Rank of the claimant. Names and Rank of the Company officers under whom he served. Names and Rank of the General and Field officers. Battles in which the applicant was engaged. Country through which he marched. Place of abode when he entered the service, and age at the present period. Evidence by which the declaration is supported.   Years. Months. Days.     Enlisted 1775 8. Private Capt. Pomeroy Col. Fellows none Cambridge. to Roxbury. Aged 77 yrs. Traditionary.   Volunteered 1776. 4. P r Capt Lyman Col. Woodbridge none From Southampton to Housatonic to Bennington Southampton Massachusetts   Enlisted 1777. 2. P r not stated not stated none From Southampton to Bennington   Volunteered 1779. 2. P r not recollected not recollected none From Southampton to New London   3 25   11 25  
I am, respectfully,
Your obedient servant,
J. L. EDWARDS,
Commissioner of Pensions.

REGULATIONS UNDER THE ACT OF JUNE 7, 1832.
The following regulations have been adopted:
This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army, and to include under the terms "Continental Line," "State troops," "militia," and "volunteers," all persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, &c. Teamsters, Boatmen, &c. Persons who served on board of Private Armed Vessels are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service.
Four general classes of cases are embraced in this law:
 1. The Regular Troops.  2. The State Troops, Militia, and Volunteers.  3. Persons employed in the Naval service.  4. Indian Spies. 
As rolls of the regular troops in the Revolutionary War exist in this Department, all persons, claiming the benefit of this law as officers, non-commissioned officers, musicians or privates, will in the first instance, make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides. And every Court having by law a seal and Clerk is considered a Court of Record.
DECLARATION,
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
State, Territory, or District of } ss. County of }
On this day of personally appeared (a) before A. B. a resident (b) of in the county of and State, Territory or District of aged (c) years, who being first duly sworn, according to law, doth on his oath make the following declaration, in order to obtain the benefit of the provision made by the act of Congress, passed June 7th, 1832. That he enlisted in the Army of the United States in the year (d) , with and served in the (e) regiment of the line, under the following named officers:
[Here set forth the names and rank of the Field and Company Officers, the time he left the service; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers;) the town or county and State in which he resided when he entered the service; the battles, if any, in which he was engaged, and the country through which he marched. [This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.]
He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of
Sworn to and subscribed the day and year aforesaid.
A. B.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states.
I of the Court of do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of for a pension.
In testimony whereof I have hereunto set my hand and seal of office (i) this day of &c.
If, on examination of the proper record the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out.
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz:
(k) We, A. B., a Clergyman, residing in the and C. D. residing in (the same) hereby certify, that we are well acquainted with , who has subscribed and sworn to the above declaration; that we believe him to be years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.
Sworn and subscribed the day and year aforesaid.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that A. B. who has signed the preceding certificate, is a clergyman, resident in the and that C. D., who has also signed the same is a resident in the and is a credible person, and that their statement is entitled to credit.
I, Clerk of the Court of do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this day of &c.
Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction.
If such surviving witness cannot be found, the applicant will so state in his declaration (l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his alleged service, as they are known at the Department. A very full account of the services of each person

will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County, in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.
The Court will propound the following (m) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.
 1. Where and in what year were you born?  2. Have you any record of your age, and if so, where is it?  3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?  4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom?  5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services.  6. { To a Soldier. } Did you ever receive a discharge from the service, and if so, by whom was it given and what has become of it? { To an Officer. } Did you ever receive a commission, and if so, by whom was it signed, and what has become of it?  7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution. 
The Court will see that he answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant.
The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons -one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion. If one of these persons is a Clergyman, the Court will so certify, and they will also certify, to the character and standing of other persons, giving such certificates.
The traditional evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party. And the Courts are requested to be very particular in the enquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
Applicants unable to appear in Court by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court.
Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature.
No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.
[a] The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance.
[b] The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not conforming to the rule.
[c] The age of the claimant must invariably be mentioned.
[d] The declarant must mention the period or periods of the war when he served.
[e] Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had. Every claimant must state, with precision, the length of his service, and the different grades in which he served, in language so definite as to enable the Department to determine to what amount of pension he is entitled. In a case where the applicant cannot, by reason of loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service; but, according to the best of his recollection, he served not less than the periods mentioned below, and in the following grades:—For _____ year _____ months, and _____ days, I served as a _____ For _____ months and _____ days, I served as a _____; and for such service I claim a pension."
It is important, in all cases, to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months , is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state that they served two years in the militia, &c without specifying the tours, the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must, in every case, be clearly shown under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
[f] The law makes the relinquishment indispensable.
[g] The opinion of the Court is always required.
[h] The Clerk must give his certificate in every case.
[i] The Clerk must affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he has no public seal of office, the certificate of a Member of Congress, proving the official character and signature of the certifying officer, should accompany the papers.
Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other papers authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
Proof of Service.
[j] In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses, who are required to set forth in their affidavits the time of the claimant's entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
[k] The notes from [a] to [i] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in note [j] applies to continental troops only.
[l] This traditional evidence is indispensable in militia cases.
[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.

New York Revol.
Moses Clark Suspended
See letter to
Ephraim Goss 20 aug. 2 '33
2) 39.44 19.72 29.44
Act 7. June 1832.

June 3.
C. June 1861
FREE
Hon. J. C. Edwards Commissioner of Pensions War Department. Washington.

Pittsford Monroe Co. N.Y. May 27. 1833 Dr. Sir -
I herewith return the papers of Moses Clark with the affidavit attached, required as I supposed by the Department it states that the applicant does not recollect the names of his officers with whom he served during the 2 months stated under the head of the third period of his declaration and also as to the length of his service, as prescribed by the Department. I took the liberty of inserting in your letter the word "Volunteered" opposite the last period of his service such being stated in the applicant's declaration. Should thing any, also be required (You will please advise me.
The applicant expects that if he has not made out the whole amount of his time to the satisfaction of the Department, that a Certificate will be sent him for so much as in the opinion of the Department he is entitled to agreeably to the its rules & regulations.
Respectfully,
Your Obedient Servant
Hon. J. A. Edwards Commr. of Pensions.
Ephraim Gof

Mrs. Elizabeth Clark Andrew Huntington
Wm. L. Edwards Commissioner of Pensions Washington D.C.
Wm. Dickson

Representatives Chamber
Washington April 10 th 1834
Wm Lloyd Edwards Compt. of Pensions,
Sir, Enclose you further evi- dence in the case of Moses Clark recd from Ephraim G. G. G. G. of Pittsford, Monroe County, New York His papers are on file in your office - wish you also to inform me what de- cisions has been made in the case of Andrew Huntington.
The papers were forwarded to your of- fice I believe in January last by the said E. G. G. G.
Very respectfully yours John Dickinson

18
Johnniam Goss Esq.
Pitsford
N.Y.

Commonwealth of Massachusetts.
Secretary's Office, March 22 d 1834.
* hereby Certify, That, from an examination of the Books and Documents, relating to Military Services in the War of the Revolution, which remain in this Department, it appears that the name of Moses Clark, as a private, is borne on a Muster Roll of Capt. Abner Pomeroy's Company and Col. Fellows' Regt. where he is allowed from April 27 th to August 1 st 1775. for services and travel three Months and twelve days. — — — — —
m do 3-12
Moses Clark's name is borne on a Pay Roll of Capt. George Minott's Company in Col. Sam l Bullard's Regt. Detached from the Militia of the Massachusetts State. where he is allowed from August 16 th to Novem r 30 th 1777. for services and travel three Months and twenty five days. — — —
3-23
Moses Clark claims for further service under Capt. Abner Pomeroy in 1775. the roll after the 1 st of August in 1775. is not found in this Office.
Moses Clark claims for services under Captain

Joseph Lyman in 1776. The following Abstract is the only evidence found in the office of his claim Vitz —
An abstract of the Milage and Traveling Rations, Due to Capt Joseph Lyman's Company in Col. Ruggles Woodbridge's Regt. by the way of Skensborough by the way of Albany to Northampton as is allowed by Resolve of the General Court of this State passed the 25 th of June 1776. 7 th Privates allowed 200 Miles each. ten days. The names and the time in service is not Mentioned
et
Edward D Bangs

Sir,
We should have sent this Certificate some time since, but was in hopes we should find more of his services, where he did not recollect his Officers, you will perceive we have found his under Capt Minett though he did not mention having served under him. We hope our endeavours to obtain all the evidence this office affords will be as satisfactory excuse for not sending the Certificate at an early date.
Yours Respectfully
Ebenezer Hovey
Henry White

16.712 INVALID.
File No. 16.712
Moses Clark
Prison Rec. War
Act: June 7 th 82
Index:—Vol. 1 , Page 71
[Arrangement of 1870.]