Revolutionary War Pension and Bounty Land Warrant Application File S. 5,537, Eleazer Hills, New York

SERVICE
NUMBER
New York
Hills, Eleazer or Hill
S 5,537
carded
CONTENTS

Moravia Augst. 23/49
Dr. Sir
In February 1834 Ebenezer Hill of Scipio in the County of Cayuga N.Y. died leaving Phoebe Hill his widow, him surviving. He was at the time of his death a pensioner of the United States on account of services rendered by him in the Revolutionary war. He was not married during the period of his service, but the friends of the widow understand that she is entitled to a pension on account of her husband's service & as she is very old & infirm & destitute of property they are desirous she should obtain it provided she is entitled to it. As I have not the Pension laws I am not able to determine whether she is entitled to it or not. Will you have the kindness to inform me whether she would be entitled to a pension on proof of the above facts & if so send me the necessary forms for making the application and proof. The widow has no knowledge of where her late husband's pension certificate is or whether it has been returned to the pension office or not.
Respectfully yrs. &c. L. P. H. Hill
To Comr. of pensions

Letter to S. D. McKim Aug 27-47
14539
New York
Ebenezer Dill
born in the State of New York was a private in the Comt - commanded Captain Coffin - of the Regt. commanded Col. Elmer - in the New York for 18 months
14539
Ebenezer Dill Records O.K. May 31 st
Entered on the Roll of New York at the rate of 60 Dollars — Cents per annum, to commence on the 14th day of March, 1831.
Certificate of Pension issued the 30 th day of May 1833 - and sent to. A. Gould New York
Arrears to the 14th of March 1833. $120 — Semestral allowance ending 4 th Sept 1833. 30
$150. —
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by George Taylor Clerk Book 8 Vol. 4 Page 60

Clear Hills
Pension papers
22622
Agent
Agould
Auburn
N.Y.

State of New York } Cayuga County } On this 6 th  seventh day of February A D 1833 personally appears before me one of the judges of the Court of Common Pleas in and for the County of Cayuga and State of New York Eleazer Hills a resident of the town of Scipio in said County aged seventy six years who being by me first duly sworn according to law doth on his oath make the following declaration in order to obtain the benefit of the act of Congress passed June 7 th 1832. That he entered the Service under the following named officers & served as herein stated That he was born in the town of Gumbury in the State of Connecticut A D 1756 as he believes (but has no record of his age) when he continued to reside until he was about fifteen years of age. From thence he removed to the town of Little Hoosack now in the County of Rensselaer in the State of New York where he continued to reside until the time of the Revolutionary war. That about the first of April A D 1776, he enlisted into a company of New York State troops as he believes commanded by Captain Robert Coffin, Lieutenant Joel Dizon and Ensign --- Dean in the Regiment commanded by Col. --- Elmer. That he marched with said company to fort George where he was stationed and continued to serve a term of three months, from thence he marched to Albany with said company & Regiment where he remained about twelve days and marched from thence to a place called fort Dayton on the Mohawk River where he was stationed until the month of March A D 1777 when he was discharged having served a term of eleven months from the time of said enlistment. That he was employed part of the time in building a bridge for the use of

the American Army on the South Side of the Mohawk River. He further says that soon after the aforesaid discharge he again entered said service as a volunteer in the company of militia commanded by Capt William Sharp and Lieutenant Whitney, and marched to fort  fort Herkimer  Herkimer which he continued to serve fourteen days and then joined a company of militia commanded by Captain Dixon but the Lieutenant names of his other officers does not remember and continued to serve therein a term of six months - that said service was performed at different places along the Mohawk river to guard the frontiers and the inhabitants from the ravages of the Indians - that the different detachments of militia and other troops were stationed along the Mohawk at different places for small parties for the purpose of keeping such guard, that scouting parties were frequently sent out in which parties he was some times engaged - that he was stationed part of the time at different places near said fort and part of the time at in said fort and at other places - that after the expiration of said six months he marched returned home where he remained about fourteen days - that in the month of October A D 1777 he again entered said service in a company of militia commanded by Captain Samuel Shaw - Lieut Munson  does not remember & Ensign does not recollect in the Regiment commanded by General Schuyler  does not recollect that he marched to a place called Fish Creek, that he was in a skirmish at a place called Moses Creek in which Lieut Munson was killed & fell directly by his side - that he was called into service to oppose the army of Gen Burgoyne and was present when said army capitulated and laid down their arms - that he continued

in Service at this time a term of half a month or more as he believes - that his whole term of service as he verily believes was not less than one year and six months as a private soldier - that he received a written discharge from said eleven months service signed by Col Elmer, but that the same was lost some years ago so that he cannot now produce it - that he never received any other written discharge from said service and has no documentary proof thereof - that he has not the testimony of any living witness to said service and cannot produce it as he believes - that whilst in said service he saw  knows no other  the following named officers than those above stated according to his best recollection -
That from the town of Little Florsack he removed to the town of Granville in the county of Washington & State of New York where he continued to reside about twelve years and removed from thence to the town of Scipio in the said county of Cayuga where he has resided ever since and where he now resides - that at the time of the capture of Gen Burgoyne he saw a number of Continental & other officers but knew not their names -
That John C Riddell That David Clark is a clergyman and Alexander Weed live in his neighbourhood and can testify as to his character for truth and their belief of his services as a soldier of the Revolution. That he frequently served with different militia Regiments but owing to old age & loss of memory he cannot state particularly when or where said services were performed
H. L. Ledyard has all claim to a pension except the present & declares that his name is not on the pension roll of any State or territory
Sworn & subscribed the day & year aforesaid J. L. Nichols on first trip off Cayuga Ebenezer his Hills mark

The John C Rudd a clergyman residing in the town of Scipio Auburn & County of Cayuga and Alexander Weed residing in the town of Scipio in said County do certify that we are well acquainted with Eleazar Hills who has subscribed & sworn to the foregoing declaration that we believe him to be seventy six years of age - that he is respected and beloved in the neighbourhood where he lives to have been a Revolutionary Soldier and that we concur in that opinion -
Sworn & subscribed the 6 th day of Feby 1833 before me
John C. Rudd Alexander Weed
J. L. Richardson
first Judge of P. ass.
And I the said judge do hereby declare my opinion after an investigation of the matter and after putting the interrogatories prescribed by the War department that the said Eleazar Hills was a Revolutionary Soldier and served as he states - I further certify that it appears to my satisfaction that John C Rudd who has subscribed and sworn to the above certificate is a clergyman residing in the town of Auburn & County of Cayuga and Alexander Weed who has also signed the same is a resident of the town of Scipio in said County and is a credible person and that their statement is entitled to full credit - & further that the said Hills is unable to attend court by reason of age & bodily infirmity
Dated Feby 6 th 1833
J. L. Richardson first Judge of P. ass.

State of New York Cayuga County
ss I Michael S Myers Clerk of the Court of Common Pleas in & for said County do certify that the above contains the original proceedings of the said Joseph S Richardson in the matter of the application of Eleazar Hills for a pension. I further certify that the said Joseph S Richardson before whom the foregoing decla- -ration was made & before whom the foregoing certificate was made and by whom the foregoing certificate was made was on the day of the date of the same judge of said Court - that I am well acquainted with the hand writing of said judge and believe his signature to the said declaration & certificate to be genuine Witness my hand and seal of office the sixth day of February AD 1833
M. S. Myers Clerk

22622
Chaser Hill Cayuga county New York
A. Gould Auburn New York

WAR DEPARTMENT,
Pension Office,
183
Sir:
The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in a tabular form. On comparing these papers with the following rules, and the 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 Eliezer Hill. Cayuga Co NY
   Period when the service was rendered. Duration of the claimant's service Rank of the claimant. Names and Rank of the Company officers under whom he served. Names and Rank of the General and Field officers. Battles in which the applicant was engaged. Country through which he marched. Place of abode when he entered the service, and age at the present period. Evidence by which the declaration is supported.   Years. Months. Days.     Enlisted 1776 11 private Capt Coffin Col Ediner Fort George 76   Vol 1777 6 Capt Sharp Mohawk Rensselaer Co NY. tradition   1 Capt Dixon Gen Burbrook Mono creek Saratoga  
Not less than "one year & 6 months" claimed I am, respectfully,
Your obedient servant,
J. L. EDWARDS, Commissioner of Pensions.
M. D. no Rolls.

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 as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.]
He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of _____
Sworn to and subscribed the day and year aforesaid.
A. B.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states.
I, _____ of the Court of _____ do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of _____ for a pension.
In testimony whereof I have hereunto set my hand and seal of office (i) this _____ day of _____ &c.
If, on examination of the proper record the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out.
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz:
(k) We, A. B., a Clergyman, residing in the _____ and C. D. residing in (the same) _____ hereby certify, that we are well acquainted with _____, who has subscribed and sworn to the above declaration; that we believe him to be _____ years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.
Sworn and subscribed the day and year aforesaid.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that A. B.
who has signed the preceding certificate is a clergyman, resident in the _____ and that C. D., who has also signed the same is a resident in the _____ and is a credible person, and that their statement is entitled to credit.
I, _____ Clerk of the Court of _____ do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of _____ for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this _____ day of _____ &c.
Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction.
If such surviving witness cannot be found, the applicant will so state in his declaration (l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his alleged service, as they are known at the Department. A very full account of the services of each person

will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County, in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.
The Court will propound the following (m) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.
 1. Where and in what year were you born?  2. Have you any record of your age, and if so, where is it?  3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?  4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom?  5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services.  6. { To a Soldier. } Did you ever receive a discharge from the service, and if so, by whom was it given and what has become of it? { To an Officer. } Did you ever receive a commission, and if so, by whom was it signed, and what has become of it? 
7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution.
The Court will see that he answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant.
The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons -one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion. If one of these persons is a Clergyman, the Court will so certify, and they will also certify, to the character and standing of other persons, giving such certificates.
The traditional evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party. And the Courts are requested to be very particular in the enquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
Applicants unable to appear in Court by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court.
Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature.
No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.
[a] The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance.
[b] The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not conforming to the rule.
[c] The age of the claimant must invariably be mentioned.
[d] The declarant must mention the period or periods of the war when he served.
[e] Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had. Every claimant must state, with precision, the length of his service, and the different grades in which he served, in language so definite as to enable the Department to determine to what amount of pension he is entitled. In a case where the applicant cannot, by reason of 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 [e] 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.
J. G. M. Ward

Rehany
5537
INVALID.
File No. 5537
* Ebenezer Hills
Ph. New York
Act: June 14th 82
Index: —Vol. M , Page 172
[Arrangement of 1870.]
* Ebenezer Hills. Records corrected May 3, 1902.