Revolutionary War Pension and Bounty Land Warrant Application File S. 13384, Michael Hinard, New York

SERVICE
NUMBER
New York
Kinard, Michael
S 13384
CONTENTS
boarded

New York
14088
6299
New York
Michael Minard
Westchester in the State of New York who was a Privat in the Company commanded by Captain Tiller of the Regt in commanded by Col. Drake in the N.Y. line for 24 mos
Inscribed on the Roll of New York at the rate of 80 Dollars 00 Cents per annum to commence on the 4th day of March, 1831.
Certificate of Pension issued the 9 day of May 1831 and sent to Fred I. Boffin Sumner
Arrears to the 4th of March 1833 $160.00 Semi-ann. allowance ending Sept. 40.00
$200.00
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by W. L. Williams, Clerk, Book Vol. 4 Page 39

Michael Hinard Papus for a Pension under Act of 7 th June 1832.
10299 ✓

State of New York County of West Chester ss  ss ss. On this 3 rd day of October September
in the year 1832 personally appeared in open Court before the Judges of the Court of Common Pleas of the County of West Chester and State of New- York, Michael Simard aged Eighty three years who being first duly affirmed wearing to Law, doth on his affirmation oath, make the fol- lowing Declaration in order to obtain the benefit of the act of Congress passed June 7 th 1832. That he entered the service of the United States under the following named officers and served as herein stated. He was drafted and attached to the Regiment of Militia commanded by Colonel Samuel Drake in a Company commanded by Captain James Teller; that he first commenced service in said Company and Regiment 1 st June in the year 1779, and continued to serve as a private therein for the period of three years; that during part of this time the said Com- pany was commanded by Lieutenant Joseph Pail that Pail continued in command of the said Company from the time he took the command of it for the residue of the time this Declarant served therein. That at the time this Declarant was attached to the said Company of Militia as a private he resided with Abraham Wright on Gallants Manor in the County of West Chester State of New York and continued to reside there during the whole period of his service in said Regiment. And this Declarant further saith that on or about the 24 th day of June 1779 the Company to which he was attached as aforesaid was stationed at a place called Brumfield in the said County of West Chester where on that day they were attacked

by the British Cavalry, and he amongst others was taken prisoner; that he was conveyed to the City of New York and confined in the Sugar House there, and remained in close confinement until some time in the Month of September following.
That he has no documentary evidence of his service and that he knows of no person whose testimony he can procure who can testify to his service except so far forth as may appear from the Affidavits hereto annexed.
He hereby relinquishes every claim whatever to a pension or annuity except the present and declares that his name is not on the pension Roll of the Army of any State. Subscribed the day and his Year aforesaid N. Bayles At Michael F. Bernard mark
We Samuel Young of White Plains & Frederick J. Coffin residing in the Town of Somers Westchester County hereby certify that we are well acquainted with Michael Bernard who has subscribed an Affiant to the above Declaration that we believe him to be Eighty two years of age that he is respected & believed in the neighborhood where he resides to have been a Soldier of the Revolution and that we concur in that opinion.
Sworn & subscribed the day & Year aforesaid N. Bayles At
Fred. J. Coffin Sam. Young

The following interrogatories were propounded by the said Court to the said Michael Simonds tenet
1 st When and in what year was you born?
Answer. He was born in January on the banks of the River Pine in the year 1749
2 nd Have you any Record of your age and if so where is it?
Answer. He has a Record of his age in his family Bible which Book is at his House in the Town of Somers in the County of West Chester
3 rd Where were you living when called into service where have you lived since the Revolutionary War and where do you now live?
Answer. I lived with Abraham Wright on Catland's Manor in West Chester County State of New York, and I have continued ever since to reside in Somers which is a Town included from part of said Manor
4 th How were you called into service; were you drafted did you volunteer or were you a substitute and if a substitute for whom?
Answer. I was drafted for the Militia by the Officers for the year 1777
5 th State the names of some of the Regular Officers who were with the Troops where you served such Con- tinental and Militia Regiments as you can recollect and the general circumstances of your service. I can only recollect the names of Colonel Samuel Drake, Capt. James Teller, Lieutenant Joseph Vail These Officers belonged to a Regiment of Militia He did not serve under any Continental Officers He was called very often out with the Company to which he was attached in cases when alarms were given and was in actual service at Crown Point when taken a prisoner as stated in his declaration, on one oc- casion in consequence of his being absent at the Roll call he was fined fifty Dollars and paid the same

He was always in readiness to perform duty, and was directed by his Officers to always hold himself in readiness at a moment's notice properly armed & equipped for service. —
6 th Did you ever receive a Discharge from the service Answer I never did —
7 th State the names of persons to whom you are known in your present neighbourhood and who can testify as to your character for veracity and their belief of your services as a Soldier of the Revolution. I name Samuel Young & Frederick C. Coffin inhabitants of the Town of White Plains Lewis, in Westchester County State of New York who are well acquainted with me & have been for fifteen or twenty years past —
And the said Court do hereby declare their opinion that 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 Samuel Young & Frederick C. Coffin who have signed the preceding Certificate are residents of the Town of White Plains Lewis, in the County of Westchester are credible persons and that their Statement is entitled to credit —
I Nathaniel Bayles Clerk of the Court of Common Pleas of the County of Westchester do hereby certi- fy that the foregoing contains the original proceedings of the said Court in the matter of the application of Michael Miranda for a pension. In testimony whereof I have here unto set my hand & Seal of Office this third day of October 1832. —
N. Bayles Clerk

State of New York County of West Chester
Special Court
Samuel Osborn of the Town of Pittsfield in the County of Tioga and State of New York being duly sworn doth depose & say that he is in the th Sixty ninth year of his age that during the War of the Revolution he resided with his Grandfather Abraham Wright on what was then called Battle's Manor in the County of Westchester; that he was always from his infancy acquainted with Michael Hinard who was raised in Lovers in the County of Westchester that the said Michael Hinard resided during the whole period of the War of the Revolution with the Grandfather (Abraham Wright) of this deponent on Battle's Manor aforesaid. That the said Michael Hinard together with this deponent was attached in private for the period of three years to the Regi- ment of Militia commanded by Colonel Samuel Drake that the said Michael Hinard served in the said Regiment for the period of three years during the War that this deponent and the said Michael belonged to the Company attached to the said Regiment at all times commanded by Capt. James Teller then by Lieutenant Joseph Tait who was afterwards called Capt. Tait and continued in command of the said Company during the time this deponent served in the said Company and Regiment. And this deponent further saith that the persons attached to the said Regiment were always during their service in the said Regiment subject to their rules & regulations relating to the Militia and were then compelled to hold themselves in readiness at a moment's notice to appear properly armed and equipped at any point to which they might be called by their Officers. And this deponent further saith that the said Michael Hinard was as far as he was informed of right

believe taken prisoner by the British troops at a place called Brum Pond in West Chester County aforesaid on or about the 24 th day of June 1779 that the said Simon was taken to New York & confined in the Sugar House until some time in the month of September following when he returned home to the house of the Grandfather of this deponent
Given to this 6 th day of August 1832 before me
Sam l Brown
John Green Justice of the peace
State of New York West Chester County ss. I John Green a Justice of the Peace in and for the County of West Chester residing in the Town of Somers in the said County do hereby certify that the Samuel Osborn the deponent in the above Affidavit named is of fair character & respectable character and that full credit is due to his testimony
Given under my hand this 6 th day of August 1832
John Green
West Chester County ss. I Nathaniel Bayles Clerk of the Court of Common Pleas of the County of West Chester do hereby certify that John Green who has subscribed the above certificate is a Justice of the peace in & for the County of West Chester; and that his signature to the same certificate annexed is his genuine signature. In Witness whereof I have hereunto set my hand and affixed the Seal of the said Court this 9 th day of October 1832
N l Bayles Clerk

State of New York Westchester County
G. Ebenzer the said of the Town of Somers County of Westchester of State of New York being duly sworn deposes & saith that he is Eighty three Years of age that he is well acquainted with Michael Hinard in the annexed Declaration named that was well ac- quainted with him during the War of the Revo- lution that he this deponent was attached to a Company of Militia commanded by Captain Samuel Knight in the Regiment commanded by Colonel Samuel Drake that on or about the 24 th day of June 1779 this Company together with others was stationed at a place called Crown Point in the upper part of the County of Westchester in the State of New York and that on that day an attack was made by the British Cavalry at Crown Point upon which the American Troops then stationed that this deponent together with the said Michael Hi- nard and many others was taken prisoner & conveyed from thence to New York that this De- ponent and the said Michael Hinard were confined as prisoners of War in the Sugar House where they remained until some time in the Month of September following
Ebenzer the
Sworn to in open Court before the Court of Common Pleas of the County of West chester this 3 rd day of October 1832
N. Bayley Atty

16299
Michael Minard West Chester City New York
admitted
24 mos. Private
Fredrick J. Coffin Postmaster, Sommers West Chester City New York

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 subjjoined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will shew what is necessary to be done. These points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus: { ). You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your claim.
A Statement, shewing the Service of Michael Heinard West Chester City N. York
   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.     Draft June 1774 3 mo pr. capt. Allen Col. Drake N. York 82 West Chester Living Witness  
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 } County of } 88.
On this _____ day of _____ personally appeared (a) before A. B. a resident (b) of _____ in the county of _____ and State, Territory or District of _____ aged (c) _____ years, who being first duly sworn, according to law, doth on his oath make the following declaration, in order to obtain the benefit of the provision made by the act of Congress, passed June 7th, 1832. That he enlisted in the Army of the United States in the year (d) _____, with _____ and served in the _____ (e) regiment of the _____ line, under the following named officers:
 [Here set forth the names and rank of the Field and Company Officers; the time he left the service; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers;) the town or county and State in which he resided when he entered the service; the battles, if any, in which he was engaged, and the country through which he marched. [This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.] 
He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of _____
Sworn to and subscribed the day and year aforesaid.
A. B.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states.
I do hereby certify (h) that the foregoing contains the original proceedings of the 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 (i) 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 _____, 19____.
Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction.
If such surviving witness cannot be found, the applicant will so state in his declaration (1) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his alleged service, as they are known at the Department. A very full account of the services of each person

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

Rehr
13384 INVALID.
File No. 13384
Michael Hinard
Priv. Rev. War.
Act: June 7 th 1832
Index:—Vol. 1 , Page 172
[Arrangement of 1870.]