Revolutionary War Pension and Bounty Land Warrant Application File S. 16846, James Hawkins, New York

SERVICE
NUMBER
New York
Hawkins, James
S. 16846
boarded
CONTENTS

New York N o . 24. 933
James Hawkins of Steuben Co. in the State of N. York who was a Private in the _____ commanded by Captain _____ of the Regt. commanded by Col. Swartwout in the N. York Troops here for 14 months
Inscribed on the Roll of New York at the rate of 46 Dollars 66 Cents per annum to commence on the 4th day of March, 1834.
Certificate of Pension issued the 21. day of March 1834 and sent to James Taylor Perne Yan, Yates Co. N. Y.
Arrears to the 4th of March 1834 139.98 Semi-ant. allowance ending 4 Sept. " 23.33 $163.31
{ Revolutionary Claim, Act June 7, 1832. }
Recorded by D Brown Clerk Book E Vol. 4 Page 112
See letter to Hon Wm H Clinton July 13. 1841
9

State of New York } Steuben County } ss }
On this sixteenth day of October in the year of our Lord one Thousand eight hundred and thirty-two personally appeared in open court before the judges of the Court of Common Pleas of the said County of Steuben now sitting - James Hawkins a resident of the Town of Reading in the said County aged about seventy eight 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 entered the service of the United States under the following named officers and served as here in States - That some time in June one Thousand seven hundred and twenty four being then a resident of the Town of Fredon (now called Pulaski) in the County of Dutchess in the State of New York, he was drafted from a company of mounted comm- and led by one Colonel Cushman, for the term of four months. That the said

thus raised by draft were organized into a Company Commanded by one Comfort Scitelson, or Littleton and attached to the Regiment of one Col. Searleworth, whose Christian name is not remembered but who resided in the Town of Fishkill in the Poughkeepsie County. That in eight or ten days after he was drafted, he marched with his Company as a private, to Pikeskill on the North river. Having remained there for six days, he marched to Tarry Town - thence to Tuckahoe where the Com- -pany with the Regiment and Brigade - remained about a month - after which he marched to near Kingsbridge and laboured and laboured there in building a fort called Fort Defiance. That after serving about two or three months the said James Hawkins was taken sick with what was called the camp distemper, and being unable to do duty his Brother David Hawkins obtained permission to take him home on condition that he the said David would during his sickness take his place in the army. He consenting to do so took him home where he remained about one month at the expiration of which -

him for the said James so far regained his health as to enable him to return to his post at Fort Defiance where he continued to serve until the ex- piration of his aforesaid term of five months, and was duly discharged which discharged has however long since been lost or destroyed. —
In the Spring or Summer of Eighteen Hundred and Seventy Seven according to the best of his recollection as to time an Solomon Nixon a resident of the same town, of Indiana above mentioned was drafted for nine months. That in the Company of nine months men commanded by Elijah Townsend, the said James Hawkins entered as a substitute for the said Nix- on, and performed the whole term of service principally near Kingsbridge. The names of his officers during this time of duty according to his best recollection and belief were the fol- lowing Captain Elijah Townsend above mentioned commanded his company in the Regiment of Col. Graham (Christian name not remembered) in Genl. Putnam's Brigade or division. During a part of this time

General Washington on his way to the South as the said James was distressed was in Command, and he will recollect a personal interview with him under the following circumstances. He the said James and a soldier by the name of Elijah Brown house a certificate of his being bankrupt and having made similar applications to their under officers for a furlough to enable them to procure shoes, applied to the Commander in chief at his quarters. Having been conducted into his presence by a file of soldiers they found the Genl. surrounded by officers who rose and pointing them to seats, himself took a chair and with the utmost cordiality and kindness of man- ner, listened to their story of their sufferings. The Good Genl. after a pause of a few moments replied - "My brave fellows, you in the condition in which I am placed (you see the the east River is the enemy, should they advance (and we expect them every moment) I shall need every man of you - my soldiers are my life. Should they enter Call again and you shall have your furlough." The said James from this service was duly discharged, but the discharge

is likewise lost or destroyed. —
That after this service the said James returned home to Frederick, where he continued to reside until the close of the war — acting as a minute man, turning out from time to time when the alarm was given by day and by night, some times once or twice a week — some times longer, and at other times at shorter — and the said James Hawkins further says that in view of this service last mentioned, he firmly believes it did amount in all to at least one year. —
And 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.
Sworn to and subscribed in open court the day and year aforesaid. M. J. ... Clerk Frederick County
James H. Hawkins mark
We Samuel Bigelow a clergyman residing in the town of Tyrone in the County of ... ... .. ... of the town of ... in said County hereby certify that we are well acquainted with James Hawkins a resident of ... said, and believe him to be of the age

of seventy eight years and in several That he is the man of truth  and because his  the  Neighborhood where he resides to prove  him a holder of the Proclamation and that we fully concur in that opinion that he was a Revolutionary soldier.
Given and subscribed this 7th day of October 1832 before me M. H. Hovey Dep. CLK (Notary Public)
Samuel Bigelow Abner Price L. D. Sawyer
And the Court do hereby declare their opinion after the investigation of the matter, and after putting the interrogatories prescribed by the board department that the above named applicant was a Revolutionary soldier and served as he states. And this Court further certifies that it appears to them that Samuel Bigelow who has signed the preceding certificate is a clergyman residing in the County of Hinton and that Abner Price who has also signed the same is also a resident of said County and is a credible person and that their statement is entitled to credit.
David Purvis, Clerk of the Court of Common Pleas of the said County of Hinton do hereby certify that the foregoing contains an original proceedings in said court.

in the matter of the application of James Hawkins for a pension. In testimony whereof I have hereunto set my hand and seal of office this 15 th day of October in the year of our Lord one thousand eight hundred and thirty two.
M. J. Muncy Dep. Clk Steubenville
State of Ohio County of ...
I, James Hawkins of Steubenville in the County of Jefferson being duly sworn say - That the above named James Hawkins is the brother and during the Revolutionary War resided in the town of ... in ... county there in this department. He knows that the said James entered the ... months service, as he in first above stated in his declaration, - and that he is the person who took him home when sick as he states. - That this deponent is knowing to his being out in the army afterwards but cannot recollect particulars. That the said James is a man who sustains an unimpeachable character for truth.
Sworn to before me this 22 nd day of September 1832. Before me J. S. Taylor Clerk in Chancery
James Hawkins Deponent

State of New York Steuben County ss
Personally appeared John Dow a justice of the peace in and for the said County the within mentioned James Hawkins who being duly sworn deposed and saith that by reason of old age and the consequent loss of memory he cannot swear more positively than he has done in his deposition hereto annexed in respect to his services and particularly in respect to the last year already sworn to. That he has no other testimony of his services than what is annexed that to be obtained in the country in which he resides
Sworn to subscribed by me James Hawkins who is personally known to me to be a credible person this 28 th day of June 1833. John Dow J.P.
his James Hawkins mark
State of New York ss. I, Joseph Ball, Clerk of the County of Steuben, certify that John Dow before whom the above affidavit appeared to have taken was at the date thereof a justice of the peace in and for said County duly authorized to act as such, and that I am well acquainted with his hand writing and verify the signature "John Dow" attached thereto is genuine. Witness my hand and seal of office this 24 th day of
July A.D. 1833. Joseph Ball
16734 Steuben Co. ss In the matter of James Hawkins a Justice of the Peace in and for said County his deposition

Ms 16124 James Hawkins - Steubenville O. H.
i. j.
On roll of Capt Townsend Admitted Private 14 Mns
James Taylor St. Louis New York State O. H.

WAR DEPARTMENT,
Pension Office,
May 17 1837 Oct 24 -
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 James Hawkins Steuben County
   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.     Apr June 1775 5 Private Captain Cook Lieut. Cook Ensign Cook Col. Grah. Gen. Gates Gen. Washington Peachtree Creek Trenton Princeton Red Bank Germantown Hamburg 78 years 78 years 78 years 78 years 78 years 78 years Evidence by D. Hawkins for 5 months. foot traditions Evidence   Sub Spring 1777 1 9  
+ on rolls of Capt Townsend
I am, respectfully,
Your obedient servant,
he states his whole service to be at least one year
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
29 33 40 150 40 54

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.
[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.
1296 [Handwritten signature: A. B. ...]

16.846 INVALID.
File No. 16.846 James M. ... ...
Act: June 7. 89 Index:—Vol. 1 , Page 163
[Arrangement of 1870.]

New York Returned
January 15 th 1884
J. J. Edwards Esq.
Customs Office Washington City

Plain Jan 8 Nov. 1834
W. L. Edwards Esq.
In stead am the papers of James Hawkins. Since they were returned by the department a sister has come into the region from New Jersey - whose affidavit has been obt. d and is incl. - and, with an additional one of his own
In the brief list, with his papers it is said "no exertion seems to have been made to procure proof" - from which I should infer that there are other applicants for pensions who were out at the same time, and hence there are other witnesses whose testimony might be prejudicial - but who are they? - after such a lapse of time Hawkins cannot now remember names of any whom he knows to be alive to whom he could write - and it is absolutely impossible for him to make a journey to the place of his service. - There are now two witnesses who give some evidence on the subject, and he never would respectfully submit if this should not be satisfactory Respectfully Yours
Sam Ray

State of New York } Yates County ss. }
Elizabeth Head being by me duly sworn says that James Hawkins of Reading in the County of Steuben and now applying for a pension as she has under- stood, is her brother and about two years older than this deponent, and this deponent further says that some time in the second year of the Revolutionary war as she thinks on returning to her Father's house in Dutches County from which she had been some time absent she found her brother James who as she then understood in the family had only two days before been brought home from the army sick that he was sick awhile and then set off again for the army. And this depon- ent then understood and believed and still believes that her brother was out on duty in the army at other times during the Revolutionary war
Sworn and subscribed This 6 th Day of January 1834 and I certify that the said Elizabeth is a credible person
Andrew G. Marshall J.P.
Elizabeth Head mark

State of New York Yates County ss
I George Sherman Clerk of the County of Yates do hereby certify that Andrew G. Marshall before whom the within affidavit purports to have been taken was at the time an acting justice of the peace of the said County duly commissioned and qualified as such, and I further certify that I am ac- quainted with the hand writing of the said Marshall and do believe his name affixed thereto to be his own signature - Given under my hand and office this 8 th day of January 1834. -
Rocky Hill N.Y. Late of James Taylor Esq.
Rev. John Yates Esq.

State of New York } Albany County ss }
On this 29 th day of November in eighteen hundred and thirty three personally appeared before me James Hays an Examiner in Chancery, James Hays who being duly sworn says that he is the same person who on the 16 day of October eighteen - hundred and thirty two appeared in open court in the said County and made his declaration in order to obtain a pension. — The answer to the first interrogatory prescribed by law was defendant he says that he was born at a place called the "North Castle" in Westchester County — New York, he thinks in the year eighteen hundred and fifty four —
To the second he says he has no record of his age nor does he even understand that a record was kept in his father's family — To the third he says in addition to what appears in his declaration that at the close of the Revolutionary war he resided in the Town of Frederick in the County of Dutchess in the State of New York where he continued to reside until the year eighteen hundred and thirteen, and then removed to his present place of residence where he has ever since continued. — To the fourth & fifth interrogatories he says they are fully an- swered in his said declaration, as to the answer to the sixth he says he had no written discharge — except for his first term of service a paper that has long since been lost or destroyed. — And he further says that he knows of no living witnesses who can tes- tify to his service except his Brother David whose affi- avit is annexed to his declaration, and a Sister — who has lately removed from the eastern part of New York and now resides some where in the County of Rensselaer as he has recently been informed — although he presumes such proof can be procured in the County of Dutchess did he know who were yet living there with whom he used to be acquainted

and he further says that in relation to the last period of service mentioned in his de- claration of our year, he cannot by reason of old age and the consequent loss of memory be more specific than he has been, but according to his best recollection he served not up than the said terms therein stated.
Sworn and subscribed this 29th day of November 1833 - before me, and I certify that I am well acquainted with the said James Hawkins and that he is a credible person and his statement entitled to credit. Jas. Taylor Esq. In Chancery
his James X Hawkins mark
3 There are several Certificates of the Clerk of Courts showing my official character on the day of the date of the above affidavit.
Jas. Taylor
Additional aff. of Jas. Hawkins recd.