Revolutionary War Pension and Bounty Land Warrant Application File R. 4258, John Green, New York

SERVICE
NUMBER
New York
Green, John
R. 4258
CONTENTS

John Green Pension Application (Act of 1822)
23894
Please send returns &c. to John Maynard Ovid Seneca Co. N.Y.
copy of extraordinary No. 1033- Isaac Murphy, Clk.

State of New York
Tompkins County 3 Personally appeared before Me Elihu Barker Esquire one of the Justices of the Peace in and for said County William Bodle aged Eighty Six Years and being duly sworn Saith that he knows John Green aged seventy eight years of the County - of Seneca - The said deponent William Bodle saith that the said John Green was in the service of the United States as a privet Volunteer soldier in Captain John Little's Company then of Orange County of which Isaac Nuckles was Colonel - John Van Toyl Lieutenant Samuel Cole Second Lieutenant and said William Bodle Orderly Sargent of said Company Sworn and subscribed August 7th 1832 before Me Elihu Barker Esq Justice of the Peace
William Bodle

Hampshire County Clerk's Office
I do hereby certify that Elisha Barker Junior before whom the within affidavit purports to have been sworn and also before whom was at the date of the same one of the Justices of the Peace in and for said County, and that I am acquainted with his handwriting and verily believe his name subscribed to said affidavit to be his own proper hand writing and signature Witness my hand and official seal this 17 day of September 1832
Geo. G. Freer
Deputy Clerk
The words "and also before whom" were erased by me.
Geo. G. Freer -

State of New York } County of Seneca } p:
Be it remembered that on the Seventh day of February in the Term of February in the year of our Lord 1833 before the Court of Common Pleas now here holden at the Court House in the town of Ovid in & for the county of Seneca in the state of New York John Green a resident of the town of Benton in the county of Yates Seneca in the state aforesaid - aforesaid personally appeared, 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 Con- gress entitled "An act supplementary to the act for the relief of certain surviving offi- cers & soldiers of the Revolution" that is to say - I John Green of the town of Benton Benton in the county of Seneca Yates & state of New- York do solemnly swear & declare, that I am of the age of seventy-seven years and that I served in the Army of the United States in the war of the Revolution as fol- lows - I served as a private in Capt. Samuel Watkins Company in Col. M c Clanahan's Regiment of Militia of the state of New York

1- one month commencing in the month of May or June 1775 at the company to which I belonged worked in building Fort Montgomery on the North River seven miles below West Point - the whole regiment was not out at this time - the men were divided into classes & called out in their turns - Genl. James Clinton had the command at Fort Montgomery at that time. In the same year 1775 I served another month as a private belonging to the same company, was at Fort Montgomery the second time & assist- -ed in building the fort - a breast work was made of fascines dirt & stone - batteries were also made - the fort was upon the high ground with a view of the river for some distance below & the batteries were intend- -ed to prevent the British Shipping from coming up the river -
1- In the forepart of the year 1776 I served another tour of one month as a class militia man from the same company & was again at Fort -Montgomery & worked upon the fort a greater part of the time - I do not remember the names of the officers I served under this tour, but General James Clinton had the command at the fort - after the last mentioned term of service was out in the month of August

1776 I enlisted for five months in Capt. John Little's company in Col. Isaac Nicholls' Regiment. (Lieut. Col. Cooper) under Brig. Genl. George Clinton, served as a private this tour a part of the company & myself first went to Fort Montgomery & stayed there about a week when the rest of the company came down, we then went down the river in a Schooner & landed on the East side of the North River at the lower part of Tappan Bay & marched from there to Kingsbridge where the regiment was mustered together & was stationed at Kingsbridge — Genl. Heath was at Kingsbridge a part of the time — I went from there to Fort Washington three miles towards New York in a detachment several times during this tour — also I was in a detachment of guards at Morrissey Point to prevent the British from landing & at one time a British Ship & several small craft commenced firing upon the Americans to cover the landing of their troops on Munsee or Blackmore's Island — commenced building a Fort on Valentine's Hill about half a mile from Kingsbridge — The British having effected a landing at Frog's Neck & other places on the East River in such numbers

that the American troops at Kingsbridge retreated sometime in October to White Plains where a battle was fought between the Brit- ish & part of the American forces under Genl. M c Dougal when the Americans re- -treated & the British pursued them into the town & there pitched their tents — I was not in this action but in plain view of it, Genl. Clinton's brigade not being brought into the action it being thought imprudent by Genl. Washington as I was told to risk a general action — the American Army was then posted on the high ground above White Plains under Genl. Washington — In about ten days after the affair with Genl. M c Dougal, the Brit- -ish marched up & made an attack upon the American encampment when a battle ensued & the firing was kept up from about eight in the morning till past noon when the British retired to their encampment near the river — I was engaged in this battle — Sometime in November the British retreated to winter quarters in New York & soon after my regiment marched to Peekskill where we remained until the first of January, 1777 when I was discharged my term of service being out — In the campaign of 1777 I served several

tours as a classed militia man upon alarm the length of each tour I do not recollect but I am confident that I served in the whole more than six months during the Spring Sum- mer & Fall of 1777 all at Fort Montgomery & Fort Clinton on the North River - I do not recollect the names of the officers I served under at each tour, but at one tour tour I was in Capt. Watkins company, at another in Capt. in Capt. Telford's, in another Capt. Humphrey's - In the Fall of 1777 our whole company was called out after the taking of Fort Montgomery, & all the militia in the neighbourhood to prevent the British from ravaging the country bordering on the North River - In the Spring of 1778 I moved from Walkill then in Ulster county to Middletown in Orange county & was there inroled in Capt. Isaiah Teal's company of militia in Col. New- kirk's Regiment & during that year I served several tours as a classed militia man viz. two months at Peenpack on the Indian frontier West of the Shawangunk Mountains In the year 1779 I served as a classed militia man of the same company more than one month at Marmakating Hollow, also one month at Hawk one mile West of Knippanock

where a stone house was fortified & occu- pied as a fort — In the year 1780 I served as a classed militia man one month at Laurens Hill in Ulster county N.Y. I was out several times upon alarms for shorter periods
And I further say & declare that I do not know any person now living by whom I could prove my services above mentioned although there may be some of the soldiers with that service with me still living but if so they are at a great distance & their place of resi- dence unknown — except William B. Smith whose affidavit is herunto annexed — And to the interrogatories put to me by the court I answer as follows viz:
1. I was born in the town of Wallkill in the county of Ulster now in Orange county state of New York and I was Seventy-seven years of age on the Eighth day of February A.D. 1832 and I have a record of my age in my bible which I copied from my father's family bible about

forty years ago or more -
2 o I was living in the said town of Wallkill at the time I was first called into service in the the Spring of 1778 my father's family & myself moved to a place called Middletown now in Orange county N.Y. - continued to reside in Orange county until the year 1804 when I moved into Romulus in the county of Seneca N.Y. where I have resided ever since until the first week in January 1833 when I moved to the town of Benton in the county of Yates N.Y. adjoining the town of Romulus where I now reside -
In addition to the officers names before mentioned when I was in the service I knew Genl. Putnam see him at the White Plains
I never received any written discharge -
While I resided in Romulus I was a member of the Rev. Mr. W m W. Brown's Church where I usually attended divine service - Mr. Brown now lives in Seneca about twenty three miles from Ovid where the court is now sitting - and I further declare that the whole amount of my said services in the Revolutionary War is upwards of one year & seven months - and

I am confident that I was in the service several months more that time but I cannot state the terms of service except as above mentioned - Sworn to in Open Court This Seventh day of February 1833 Seba Murphy clk J. John Green
State of New York Seneca County - } B. Jonas Seely Esquire one of the Judges of the court of Common Pleas for the county of Seneca being duly sworn doth depose & say that he has been well ac- -quainted with John Green the above appli- -cant ever since the year 1804 during all which time he has lived in the neighbourhood of this Deponent until about one month since when said Green removed to the town of Benton - That the said Green is a man of strict moral integrity in every respect a moral & worthy citizen, and that he is reputed in his neighbour- -hood to have served in the war of the Revolu- -tion, & that in the opinion of this Deponent the declaration above made by said Green

is entitled to credit & belief — Sworn to and subscribed in Open Court this Seventh day of February 1833
Jonas Lely
Abba Murphy Atty
Seneca County ss. Andrew Darnett of the town of Ovid in the county of Seneca being duly affirmed  sworn deposeth & saith that he has been well acquainted with John Green the above appli- cant for at least twenty-five years last past that the said Green has the reputation of being & this Deponent verily believes he is a man of strict integrity & moral rectitude & that his statement is entitled to belief & credit, as much so as that of any other man —
Sworn & Subscribed in Open Court this Seventh day of February 1833.
Andrew Darnett
Abba Murphy Atty.
and the said Court do hereby declare that after strictly examining the above named applicant that he was a soldier in the war of the Revo- lution & served as he has above set forth — and that the witnesses above named & sworn are residents in the county of Seneca aforesaid and are known to the court to be persons of good moral character & that this statement above

made is entitled to credit the belief
Seba Murphy, clk,
3
I, Seba Murphy, Clerk of the court of Common Pleas of the county of Seneca in the state of New York do hereby certify that the foregoing contains the original proceedings, before the said court in the application of John Green for a pension. In testimony whereof I have hereunto signed my name & affixed the seal of the said court this Seventh day of February A.D. 1833.
Seba Murphy clk,

John G. Miller.
Act of July 7 th 1832 329.
A. S. Markland

State of New York
County of Yates
Be it Known, that on this Thirtieth day of November A. D. 185 2 before me, the undersigned, a Justice of the Peace in and for the County and State aforesaid, personally appeared Timothy Green a son of John Green (late of Benton deceased) resident of Dundee in said County, and made oath according to law that he is the son of John Green aforesaid who was a Soldier in the war of the Revolution, and who has heretofore made application for the benefit of the Pension Act of 1841 that he is directly interested as a claimant in said pension and makes this affidavit to be filed with such additional evidence or arguments as my Agent may use in prosecuting said claim.
Countermanding and revoking all Powers of Attorney, and authority heretofore given, I hereby constitute and appoint C. W. BENNETT , of Washington City , my true and lawful Attorney, to prosecute the claim of John Green for any amount of Revolutionary Pension, or increase of Pension that may be due; and I hereby authorize my said Attorney to examine all papers or documents in relation to said claim on file in the Department at Washington City, or elsewhere, to file additional evidence or arguments, and to receive for my exclusive benefit, the certificate which may be issued for said claim, which certificate I wish made payable at the Washington City, D. C. Agency; to appoint one or more substitutes under him for the purposes herein expressed, and to do all things that I might or could do were I personally present. Hereby ratifying and confirming all that my said Attorney and Agent shall lawfully do in the premises.
Timothy Green
Sworn to, Subscribed and Acknowledged before me the day and year above written, and I hereby certify that I believe the said Timothy Green to be directly interested in said claim as set forth, and to be the identical party therein alleged.
James Holmes Justice of the Peace in & for said County
State of New York County of Yates
It is Hereby Certified, that satisfactory evidence has been exhibited before me, Clerk of the Court of Record in said State that Timothy Green the party who has sworn to, and acknowledged the foregoing Declaration and Power of Attorney is the son of the reputed soldier aforesaid. I further certify, that James Holmes Esq. before whom the preceding affidavit and Power of Attorney were made and acknowledged, was, at the time of so doing, a Justice of the Peace, in and for said County, and that the signature purporting to be his, I believe to be genuine.
In Testimony Whereof, I have hereunto set my hand and affixed my seal of Office, this Thirtieth day of November 185 2
12
C. A. Penney Esq. Deputy Clerk of Yates County
1. Claimant's name or names in full.—2. Post Office address. 3 "That he is the identical man," or, "that she is the widow of the identical man," or, "that he or she is the legal heir of the identical man," &c., &c. 4. Leave this line blank.—5. "He is," "she is," or "they are."—6. Revolutionary soldier's full name.—7. Claimant's signature.—8. Claimant's name.—9. Magistrate's signature. 10. "Identical," "widow of," or "child of."—11. Magistrate's name.—12. Clerk's signature.
N. B.—Should two or more heirs join in the foregoing, the plural should be substituted for the singular number.

No 23894 Seneca John Green Yates County New York N.Y.
e
Vol 5. p 43 / $4.50 1779 45. 11. 12 Sept 1780 15. 62
John Maynard David Seneca County New York

WAR DEPARTMENT,
Pension Office,
June 5 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 John Green Yates County New York
   Period when the service was rendered. Duration of the claimant's service. Rank of the claimant. Names and rank of the Field officers under whom he served. Age at present, and place of abode when he entered the service. Proof by which the declaration is supported.   Years. Months. Days.     Served June 1775. 1 1 - private Col Clinton 47 years Traditionary evidence. Witness certified Credible, no clergymans certificate & no reason given - One living witness not certified credible by the Justices of peace papers not properly attached   Served " " - 1 - private Capt Watkins, Colonel Waltkill   Served 1776 - 1 - private Col Claugherty Orange   Entitled Aug. 1776 - 5 - private Officers not remembered Coventry   Served - 1777 - 6 - private Capt Little, Col Nicholls N York   Served Feb 1777 not stated private Capt Watkins, Col. Ford, Capt Humphrys. Battle of White Plains   Served Spring 1778 - 2 - private Capt Heat, Col. Newkirk   Served - 1779 - 2 - " Not named -   Served - 1780 - 1 - " Not named -   1 7  
I am, respectfully,
Your obedient servant,
J. L. EDWARDS,
Commissioner of Pensions.
It cannot readily be admitted that a service as long as above stated is not some of it susceptible of proof - the regulations require the best evidence the applicant can furnish or produce.

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 days 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 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 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.
[t] 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.

John Green
at Revs Y
Act June 7. 1832
Suspended
Letter to Maynard
Janv. 14. 1834
do. A. G. Hammond 1 st Aug
" " 5 Sept.
These two letters do not apply to this case - JY
4258
J
Letter to John Maynard 22 March 1837 JL to John Day Nov 25. '43 -

Ovid Decr. 23. 1833.
To J. L. Edwards Esq. Court of Pensions
Sir
I herewith return to you the pension papers of John Green which are now attached together in the manner prescribed by the rules of your office — In regards to the length of service there does not seem to me to be that uncertainty which was supposed by the person who made the marks of reference on the printed sheet — The applicant does state precisely positively the duration of several periods of his service for these only does he ask or expect a pension — It is true he says he served a longer time which he cannot exactly recollect — But is there any difficulty or impropriety in granting a part which is definitely & positively stated & rejecting the part which is uncertain — Mr. Green is an old man but he says he cannot make an affidavit of loss of memory by reason of age — With due deference to your rules I would ask, if a man swears he has lost his memory whether this fact of itself does not prove that his declarations are not to be relied upon? — Next the Clergyman — "no Clergyman's Certificate & no reason" — The declaration does state that his clergyman resides 20 miles from court — Is this not a sufficient reason for not producing him? — Is not the certificate of a judge of the Court (Judge Saly) as good as that of a clergyman — This requisition

of a clergyman is viewed with great jealousy by the people & ought to be abandoned by your department — they know less of these matters than any other class of men — Are their oaths entitled to more credence than that of other citizens!
"Mr Bodle is not certified to be a credible witness" suppose he is not — does this discredit the other testimony! — "It cannot readily be admitted that a service" &c. I confess I was surprised at this memorandum — Hundreds perhaps thousands of certificates have been granted on just such evidence as exists in this case — I sincerely hope you will consent to review this case — I know the applicant well — he is a perfectly honest & upright man one who would never make a false or unjust claim against an individual or against the government —
Respectfully
Yours
John Maynard
To J. L. Edwards Esq. Com. d of Pensions

In pursuance of a law passed the 27th of April, 1784, entitled "An act for the settlement of the pay of the Levies and Militia, for their services in the late War, and for other purposes therein mentioned," the following certificates have been issued, bearing interest at five per cent. per annum, viz:
   18 th Feby. 1781. John Green Prin £ 4 0 0   25 th Oct. 1780. De De 8 0 0   19 th Oct. " " De De 8 0 0   29 th Oct. 1779. Jn o Green De 1 15 4 2 / 3   8 th Nov 1780. De De 4 9 0   23 rd Oct. 1781. De De 1 17 8   12 th Augt. " " John Green De 1 13 11   22 nd Mar. 1780. Jn o Green Prin 1 12 5   11 th June 1779. De De 1 7 4   24 th Mar. " " John Green De 2 2 8   12 th June 1780. De De 11 11 3 3 / 4   13 th Nov 1781. De De 3 18 0  
STATE OF NEW-YORK, COMPTROLLER'S OFFICE, Albany, Oct 25 th — 1845.
I hereby certify the above to be true extracts from Book No. 3. 4. 5. & 9. now remaining in this office, and that the service for which the certificates above named were issued, were performed under the following officers, viz:
   First—under  Capt. William Mosier  in Col.  Thomas Thomas  Regt.    Second  " Capt. Sam l . Delavan  " "  William Malcolm  "    Third  " " Benj o . Stevenson  " "  Levis  "    Fourth  " " Sam l . Shaw  " "  Adj t . K Van Rensselaer  "    Fifth  " " De  " "  De  "    Sixth  " " David Austin  " "  De  "    Seventh  " " De  " "  De  "    Eighth  " " Corn d . Doty  " "  Lewis Van Vorst  "    Ninth  " " Joseph Dyckman  " "  John Filla  "    Tenth  " " Lt. Joseph Gregory  " "  Adj t . Livingston  "    Eleventh  " " Abraham Schutt  " "  H on . Brinckerhoff  "    Twelfth  " " Does not appear  " "  Does not appear  "   
Philip Phelps Dep y Compt r

4258.30
P. O. _____
John Green
Service: _____
REJECTED
Enlisted: _____, 18
Discharged: _____, 18
Application filed: _____, 18
Alleges: _____
Re-enlisted: _____
Attorney: _____
P. O. _____
_____ Recognized. _____ Contract.
_____ Cert. of Dis. Searched for _____, 18

State of New York } Comptroller's Office } Albany Oct 25 th 1845. }
I certify as appears from a Pay Roll of the Lehigh New York Regiment under the command of Colonel Philip Van Cortland, that John Green served as a private in Capt. Hamstram's Company twelve months from the first day of January 1781. for which he received eighty dollars.
Philip Phelps Dep't Comp t

Dec 23
Mr
J. P. Edwards Esq. Com r of Pensions Washington City D. C.
Feb. 1832
John Quincy

Ovid N.Y. Decr. 15. 1836-
Sir
Permit me to call your attention to the Pension Application of John Green of Yates Co. N.Y. under the act of 1832— Some 18 months or two years ago I was informed from your department that his case was postponed—
The old soldier is anxious to learn the fate of his application & requests a final decision from you as soon as your convenience will permit—
I am respectfully Your Obt. Servt.
J. L. Edwards Esq. Counr. of Pensions
John Maynard

Ovid Oct 27. 1845
Sir
I enclose 2 Certificates for the Service of John Green, I suppose it to refer to a John Green who applied from this place in 1832 through his then agent John Maynard, Green is dead, but I enclose them & ask respectfully whether they shine with his declaration & how far they will support a claim to a pension for his widow or children. Respectfully Hon J S Edwards Commr. of Pensions Washington D. C.
Your Most Ob dt Serv t Isaac Loyo

REVOLUTIONARY PENSION CLAIM.
ACT OF June 7. 1832. —
John Green. (New York.)
~~~~~ POWER OF ATTORNEY
TO EXAMINE CLAIM. ~~~~~
Col. Anderson
CHARLES C. TUCKER, Attorney, Present.

Power of Attorney.
Know all men by these presents: That I Timothy Green of Tioughniola Steuben County State of New York do hereby irrevocably constitute and appoint CHAS. C. TUCKER, of Washington City, D. C., my true and lawful Agent and Attorney to prosecute the Claim of my late father John Green deceased for any amount of Revolutionary Pension or increase of Pension that may be due under the provisions of the Act of _____ or any other Act or Resolution of Congress, and I hereby authorize my said Attorney to examine all papers and documents in relation to said Claim on file in the Departments at Washington City, or elsewhere, to file additional evidence or arguments, and to receive the Certificate which may be issued for said Claim, and to appoint one or more substitutes under him for the purposes herein expressed: and to do all things that I might or could do, were I personally present. Hereby ratifying and confirming all that my said Attorney may lawfully do in the premises.
WITNESS my hand and seal this fifth day of January 185 4 .
In presence of H. G. Holcomb } ss. Timothy Green
STATE OF New York  Steuben COUNTY—ss.
On this 5 th day of January 185 4 , before me a Justice of the peace in and for the County and State above mentioned personally appeared Timothy Green of Tioughniola Steuben Co. N.Y. and acknowledged the foregoing power of Attorney to be his act and deed for the purpose therein mentioned.
Abel Kendall Justice of Peace
STATE OF New York } ss. Steuben  Yates COUNTY.
On this 5 th day of January 185 4 , before me the undersigned a justice of the peace in and for the County and State aforesaid, personally appeared Timothy Green a resident of said County, and made oath according to law that he is the identical person who executed the foregoing power of Attorney, and that he is directly interested in said Claim, and makes this affidavit to be filed with such additional evidence or arguments as my said Attorney may use in prosecuting said Claim.
Timothy Green
Sworn to and subscribed before me the day and year above written.
Abel Kendall J. Peace
STATE OF New York } COUNTY OF Steuben }
I Charles Campbell Clerk of the county of Steuben aforesaid do hereby certify that Abel Kendall Esq., before whom the foregoing affidavit and acknowledgement were made and who has thereunto signed his name, was at the time of so doing a Justice of the Peace, in and for the County and State aforesaid, duly commissioned and sworn, and that all his official acts as such are entitled to full faith and credit.
In testimony whereof, I have hereunto signed my name and affixed my official seal this 11 th day of January 185 4 .
C. Campbell Clerk