Revolutionary War Pension and Bounty Land Warrant Application File R. 5278, Hezekiah Howard, New Jersey

SERVICE
NUMBER
New Jersey
Howard, Hezekiah
R. 5278
CONTENTS

27.560
Hezekiah Hezekiah Howard
Hezekiah
D
92
√278
Thomas Marshall Esq. Elmira New York

WAR DEPARTMENT,
Pension Office,
Sir:
Nov 15 th 33
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. 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 Ezekiel Howard
   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.     July 1777 until close of the war Private Col Elias Dayton P. M. Jersey Key + Capt Brant Traditionary  
I am, respectfully,
Your obedient servant,
J. L. EDWARDS,
Commissioner of Pensions.
Note on the notes

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, 1852.
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 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 (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 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 [blank] and that C. D., who has also signed the same is a resident in the [blank] 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, (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 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 inquiry 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 fix 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.
[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:

27.360 Hezekiah Howard
Halls Eliza Howard
ccw 1 June 78.9 mo
Reenlisted March 79 Burlington
Jh. Maxwell Agent Elmira N.Y.
2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60

At a Court of Common Pleas held at Elmina in & for the County of Tioga in the State of New York on the first Tuesday in September 1833
Present.
Hon J. R. Drake first Judge
Darius Bently
Elijah Shevemake
W. L. Darling
George Fisher.
} Esq m Judges
State of New York,
Tioga County ss. On the 3 d day of September 1833 personally
appeared in open court before the above named Judges Hezekiah Howard a resident of the Town of Veteran in the said County aged sixty nine years & upwards who being duly sworn according to law doth on his oath make the following declaration, in order to obtain the provision made by the act of Congress passed June 7. 1832.
That he entered the service of the United States in the month of July 1777 at Baskingridge N. J. as a substitute for his brother Elisha Howard (who had previously enlisted to serve during the war) in a Company then commanded by Capt James Brinnel in Col. Elias Dayton's Regiment in Gen Maxmelle's Brigade in the New Jersey line. That his said brother Elisha was then at his father's residence on furlough in consequence of ill health. His furlough being nearly expired & his health continuing bad, his father sent the declarant to take his place. That the said Elisha died soon afterwards, and the declarant continued to serve in his stead until the close of the war.
That he was engaged in the Battles of Trenton, Springfield, Monmouth, Germantown, Brandywine & was at the capture of Cornwallis at York Town. & was discharged at the close of the war between Yellow Springs and Valley Forge - That when he commenced the
231
Final
See Certificates
236
237

Service he belonged to Capt. Brunnels company: that during the Continuance of the service he was frequently transferred - He was a time in Capt. Raymond's company in Dayton's Regiment, and afterwards in Capt. Morris' company in Col. Leice's Regiment who took the command of the Regiment when Col. Dayton was promoted - That for about nine months he was attached to Genl Washington's body guard, commanded by Lieut. Freight Ensign Frazer, the Captain's name he has forgotten - That when he was discharged he belonged to Capt. John Howell's Company in Col. Leice's Regiment of the New Jersey line - having been in the service about 5 years, & four months -
In answer to the interrogatories propounded by the War Department he states:
 1. That he was born at Morristown N. J. 29 th November 1763.  2. That he has a record of his age in his family bible and it was kept in the records of the town of Morris -  3. He lived in Morristown when he entered the service - as a substitute as aforesaid continued to reside until the last 15 years, since which he has resided in the said County of Floyd  4. he entered as a substitute for Elisha Howard -  5. The names of the regular officers whom he knew while in service were Generals McDougal, Putnam, Lee, Maxwell, Dayton, Wayne Sullivan - Col s Cummings Martin, Agorn, Livingston, Lindley & Rhea, & Majors Bloomfield, Reading & Rife of the New Jersey line - also Col s Starr, Sheldon Bradley, Willis & Webb of the Connecticut Troops.  6. The person to whom that he received a discharge in writing which he sold to a Capt. Wade of Elizabeth Town in New Jersey together with a certificate for back rations. 

7. The names of the persons with whom to whom he refers & who can testify as to his character & their belief of his services are Darius Bently Esq. one of the Judges of this Court John M. Connel Esq. of the Town of Elmina, John Dean Revd. Ethan Pratt all of the Town of Elmina He does not any person living by whom he can prove his services He hereby relinquishes every claim whatever to a pension or annuity except the present & declares that his name is not on the Pension Roll of any agency in any State.
Sworn & subscribed in open Court the 3 d September 1833 before me Green M Tuthill C.M.
Hezekiah his Howard mark
We Ethan Pratt a clergyman of the Town of Elmina in the said County of Troy & Henry Crandall of Veteran in the said County do hereby certify that we are well acquainted with Hezekiah Howard who has sworn to the foregoing declaration that we believe him to be of the age he represents; that he is reputed & believed in the neighborhood where he resides to have been a soldier of the Revolution & that we concur in that opinion.
Sworn & subscribed the day & year aforesaid G. M. Tuthill C.M.
Ethan Pratt Henry Crandall
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 the Rev d Ethan Pratt do who has signed the preceding Certificate is a clergyman in good standing residing in the said Town of

Elmira and that Henry Crandall who has also signed the same is a resident of the Town of Veteran in the said County of Tioga and is a credible person, and that their statements is entitled to credit.
I Green M. Tuthill Clerk of the said Court do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Hezekiah Howard for a pension - Witness my hand and seal of office the 3 rd day of September 1833
Green M. Tuthill Cth
Hezekiah Howard
Thos Maxwell Agent Elmira N.Y.
Notes Billion - Col. Roy T. 3 rd Heavy regt Elmira Howard 1 June 78 9 mo. re which 1 mo. 79 - 3 years on final settlement 1 rot pay 231 amt of certificate $1320 00

Rolls
Exh. C. No. 100 - 3 rd St. Jersey regt.
Eliza Howard 1 June 78. 9 mo.
re enlist. 1 Mar 79 - 3 years
on Final settlement 1 vol page 231.
amt of certificate $1330.00
Hezekiah Howard
Eliza Howard
1 June 78 9 mo.
Thos. Maxwell Agent Eliza H. Howard
Green M. Luthers B.H.
I Green M. Justice Clerk of the said Court do hereby certify that the foregoing contain the original proceedings of the said Court in the matter of the application of Hezekiah Howard for a pension - Witness my hand and seal of office in the 3 rd day of September 1833
Eliza and Henry Howard all who has also signed the same is a resident of the town of Veteran in the said County of Tioga and is a credible person, and that their statements is entitled to credit.

Annamys April 9 S
May
Per Robert E. Dineen Stephen H. Harkness
J. L. Edwards Esq. Com. of Pensions Washington

State of New York
Frog a County ss } Herekiah Howard of Veteran in said County being duly sworn says that since the filing of his last affidavit in relation to his claim for services in the war of the Revolution as a substitute for his brother Elihu Howard, that he has been to the State of New Jersey where he visited his elder sister Elizabeth Willis who died while he was there, and in a conversation with her on her death bed, he has been enabled to refresh his memory in regard to incidents which occurred during the war, and in connected with his service in the place of his brother Elihu —
That he renews his statement of the death of his brother who was at the time of his death was a private in Capt. Cox's company in Dayton's Regiment.
That about five days before Elihu's death the deponent went with his father to where the army lay near Baskingridge to visit Elihu: they found him sick and his father took Elihu home & left the deponent in his place. Five days after this Elihu died — That immediately after he took his brother's place the troops to which he was attached were marched to the South, and in about 18 months returned to New Jersey where he first learned his brother's death — During this time he continued in Capt. Bonnell's  Cox's Company answering as he thinks to the name of Elihu Howard — That soon after he joined the Regiment at the request of his father an agreement was made between Capt. Bonnell & Capt. Cox by which a man was whose name he thinks was John Davis was placed in lieu of the deponent in Cox's company, and deponent was transferred to Bonnell's company; his father was desirous to effect this exchange because Bonnell was his nephew & he supposed deponent would fare better — About a year after his return from the South Bonnell took a command in the State service to guard the Minisink frontier when deponent was transferred to Capt. John Howell's company, still in Dayton's Regiment — Before the close of the war he

served six months in Washington body guard under Command of Capt. Craig or Greig, and was afterwards transferred to Capt. Howells company to which he belonged when he was discharged. That in the winter of 1834 the deponent sent by a neighbor to the State of New Jersey to procure the affidavit of Sergeant James Raymond under whom he served & John Masters a soldier in the same Regiment both of whom were then living: that he procured the annexed document which his counsel informed him was too informal to be of use to him: and last winter the deponent went himself to New Jersey to procure their affidavits but found they were both dead:— That he did not immediately take measures to procure their affidavits as he supposed the affs of James Wyzant and Azariah Canfield confirming the fact of his serving in Elisha's place, would be sufficient. The former stating that he was present when deponent was discharged —
And further the deponent saith not —
Sworn & subscribed
his
before me the 7. ap d 1835 deponent from inability makes his mark
Heretiah Howard mark
M c Maxwell J.P. Trial Atty.
February this 18 th 1834 and only Sergeant James Raymond and John Masters of the first Regiment of Standing forces of the State of New Jersey commanded by Colonel Elias Dayton of Elizabeth town this day appeared before me and there was sworn that they knew the said Heretiah Howard in the same Regiment five years and four months a faithful regular Soldier in the room of Elisha Howard and transferred to different companies as occasion required this is to certify to be a true copy of the affidavit of the above mentioned man Samuel Whetacum one of the Justices of the town of Wantage Sussex County State of New Jersey

Elmira Ap 27. 1835
Dear Sir,
I once more trouble you with the case of Heretiah Howard, whose good character in this Community and the solicitude of his friends and neighbours induce me to do so: Should there be any thing sufficiently explanatory of his former statement I shall feel much gratified, as he sustains a very fair character, and there is much sympathy in his behalf as he is very poor -
Perhaps some trace of his service may be found in the roll of the body guard to which he alludes.
May I ask the favour of an examination of this matter - I do not wish to be troublesome & only desire that the old man may have every opportunity to substantiate his claim. The uniform courtesy I have rec d at your hands induces me once more to forward the claim.
Very Respectfully
Yr obedt servt.
M. Maxwell
Dear Sir,
I have not procured the certificate of the clk that I am a magistrate as the office is forty miles distant. If there is sufficient shown due to aid Mr Howard it can be procured if required
M.

RECEIVED
5278
P. O.
Hezekiah Noward
Service: _____
Enlisted: _____, 18
Discharged: _____, 18
Application filed: Printed list of 18 1852 gives as cause of suspension; "He did not Allegos: serve six months."
Re-enlisted: _____
Attorney: _____
P. O. Belleville & Grand city
_____ Recognized. Contract.
_____ Cert. of Dis. Searched for _____, 18

27560 New York Recd.
Hyde Park
Suspended - let to
Dr. Chapman D. G.
July 15. 1834
Rejected
due let to Mayville
Sept 20 34 June 17 1835

State of New York } Tioga County } Hezekiah Howard of the Town of Veteran in said County being duly sworn deposeth and saith in addition to and in explanation of his declaration now on file in the War Department made in order to obtain the benefit of the act of the 7 th June 1832 that he entered the service of the United States as stated in his declaration, in the place of his brother Elisha Howard who had previous- ly enlisted for during the War as he has always un- derstood: that his said brother being in bad health had returned home on furlough, & the father of the deponent sent this deponent to take his brother's place & that he did so and answered to his name - that his brother soon after died & this deponent on desiring to be dis- charged was told that he was bound to serve out the term for which his brother had enlisted and did so serve in his stead until the close of the war when he was discharged at Valley Forge or near there as stated in his declaration. That the deponent according to his best knowledge belief & recollection was always mustered and answered roll call as Elisha Howard, and

it is his belief that he was discharged in the same name —
Sworn & Subscribed the 26 th August 1834 before me the said Hezekiah Howard from Lamenap in his hand being unable to write
his mark Hezekiah + Howard
H. Maxwell Justice of the Peace Troy Co. NY.
State of New York Troy County ss
I Green M'Fathill Clerk of said Court do hereby certify that Hector M'Phee Esq. whose name is above subscribed was when the same bears date a Justice of the Peace in for said County duly qualified & that I believe the signature above subscribed purporting to be his to be genuine. Witness my hand & seal of office the 10 th September 1834
Green M'Fathill

Horse Heads } Mo. Y. July 10 } N.Y. retd }
Revolutionary Service annexed } July 15
See
Suppl Suppl Hobson's Eng Comr. of Pensions Nashville Washington

Columb July 10 1834
Sir
I return the papers in case of Hezekiah Howard accompanied by two affidavits as to his services.
Howard served as he states in several regiments and in different companies in Dayton's Regiment: that at the commencement of his service he was in Capt. Brunnell's company, afterwards in Capt. Morris company in Col. Lece's Regiment. & that when he was discharged he belonged to Capt. John Howells company in Col. Lece's Regt. N.J. line. The examination may have only been made as to Brunnell's Company & from my personal knowledge of the man & his high standing for veracity, I think he may be found on some other roll, from the fact of his being frequently transferred. At any rate I hope the afft. now sent may prove sufficient.
Respectfully
Yours
Th. Maxm l
Howard 57

Wegokah Howard Lump 2
Elmira NY Sept 15 3
Free
J. L. Edwards Esq. Com te of Pensions Washington

Elmira 10 Sep 1834
Sir.
I enclose the aff t of Herkiah Howard in relation to the point required in your letter of the 15 th July last. I hope it will be satisfactory and that the old man may receive the tardy reward for his services.
Yours
H. Maxmell
Howard Esq

aw Rej #5278
Revolutionary Claim
Free
Elmira NY March 8
Hon. Louis M c Lane
Secretary of the Treasury Washington D.C.

Rec. 13 March 1833.
5286.
Elmira March 8. 1833. N.Y.
Sir.
I enclose the application of Hezekiah Howard for a pension under the act of 15 May 1828.
Please let me know the result of the investigation when made.
Yours &c.
J. H. Maxwell
Elmira N.Y.
Hon. Louis M. Lane.

Not on the Rolls of service of the N. Jersey Line
B. L. Wade
From Off
March 16 1833

REVOLUTIONARY CLAIMS.
TREASURY DEPARTMENT,
14 March 1833.
Hezekiah Howard of Catlin - in the County of Tioga — in the State of N.Y — has applied to the Secretary of the Treasury for the benefits of the act, entitled "An Act for the relief of certain surviving officers and soldiers of the Revolution," approved the 15th of May, 1828. He states that he enlisted in the Continental line of the army of the Revolution, for and during the war, and continued until its termination, at which period he was a Private — in captain Morris — 's company, in the regiment of the New Jersey line; and that he received a certificate for the reward of eighty dollars, provided by the resolve of the 15th of May, 1778; and further, that he was not on the 15th day of May, 1828, on the pension list of the United States, and that he has received as a pensioner since the 3d of March, 1826, nothing
The Third Auditor is requested to report how far the several statements are corroborated by the records in his office.
By order of the Secretary Francis A. Dickinson.
Ref. File No 5,278
TREASURY DEPARTMENT,
THIRD AUDITOR'S OFFICE,
15 March 1833
It appears by the records in this office, that a certificate for the reward of eighty dollars has been issued to Hezekiah Howard in the
It further appears that Hezekiah Howard is now on the pension list of the any — — — agency, and has been so since the 3 d March 1826 at the rate of  dollars per month.
The name of Hezekiah Howard cannot be found among those of the New Jersey line, to whom certificates for the gratuity of Eighty Dollars, were issued -
Wm Haysm Aud
Not allowed act 1828
correct

Not at the North of Union of the N. Jersey Shore P. P. Hall New York March 16 1833
Dept of War, Bounty Land Office March 15 th 1833
The name of Hezekiah Howard is not returned on the Records of the N. Jersey line, on file in this office. Among those, entitled to, or who have received bounty lands from the U. States
Wm. Gordon

State of New York
Tioga County ss James Wygant being duly sworn doth depose and say that he was well acquainted with Hesehiah Howard in the revolutionary army, he went into the army as a substitute for his brother Elihu Howard at Morristown in the State of New Jersey in the Spring of seventeen hundred & 78 under Colonel Elias Daton of the first New Jersey re- giment General Maxwell commanded the troops under Captain James Bunnell. afterwards he was attached to Captain John Havel Company who was killed at the battle of Brandywine then was set to Captain Craig Company & there served until the close of the War was at the battle at Monmouth. The battle of Springfield N.J. also at Trenton N.J. also in the battle at the Campens. P.A. was with General Wash- ington when Cornwallace. was taken at Yorktown. The above mentioned is the prin- cipal battles that this deponent knows of Hese- kiah Howard being in he knows of his being in various other skirmishes. This deponent was present when Hesehiah Howard received his discharge between the Valley Forge and Yellow Springs in (P.A) where the troops was disbanded. This deponent further says that from the time the said Hesehiah Howard first went into the army until he received his discharge was as near as this deponent can ascertain & recollect five years & four months during which time he was well acquainted with him & was acquainted with him before he went into the Army and now knows him perfectly well. Saw him receive his discharge. Stood the next man to him but one at the time his discharge
Subscribed & sworn before me this James Wygant 13 day of June 1834 march 09 72 John Foot Justice of the peace Tioga County town of Bath
to all creditors & administrators - page June 10 - 1834 John Foot

I John Foot do certify that I am with James Waggons and acquainted know him to be an honorable man not interested
State of New York,
Tioga County ss }
I John Foot a Justice of the peace in & for said County do certify that the foregoing affidavit was made & sworn to before me on the 13 th June 1834 by James Wygant the person therein named who is a resident of Danville in the County of Livingston in said State. that the oath was administered by me and the signature affixed by my wife under my direction, I being sick at the time & unable to write. That I am acquainted with the said James Wygant & consider him to be of the age of 72 years as affixed to his signature & a credible & disinterested witness. and that he is in the habit of making his mark for want of education Dated June 16 th 1834-
John Foot

State of New York
Seneca County (Ezariah Canfield being duly
sworn says that he resides in the town of Covert County of Seneca & State of New York aged sixty five years & upwards, & that he is acquainted with Hezekiah Howard now of the town of Veteran in the County of Seneca in said State, & that he knew the said Howard before the commencement of the Revolutionary war at Morristown in Morris County New Jersey, that some time in the year 1777 as near as he can recollect, and that the said Howard enlisted in the place of his brother Elisha Howard in Col. Dayton's Regiment in the New Jersey line in Capt. Bruns's company in Dayton's Regiment, And that said Howard continued in the army until the close of the Revolutionary war -
Sworn & Subscribed } Ezariah Canfield before me the 18 th } day of June 1834 }
John Root Justice of Peace of Catharine Seneca Co
I John Root the Justice above named do certify that I consider the above named Ezariah Canfield to be a credible & disinterested witness - Dated June 18 th 1834. John Root

State of New York Tioga County ss
I Green M. Tuttle do hereby certify that John Foot Esq r whose name appears subscribed to the annexed affidavit was on the day when the same appear to have been taken a justice of the peace in the said County duly commissioned therefor. That I believe the signature subscribed purporting to be his are genuine. Witness my hand & seal of office the 9 th July 1834.
Green M. Tuttle clerk

Hez Howard
Th Mayville agent Elmira N.Y.

Re: 4 May 1833.
5373 Elmira N.Y. Apr 29. 1833
Sir.
Since my return from Washington I have seen Mr. Howard and have taken the following memorandum of his services - It seems that he was frequently transferred which will account for the difficulty of tracing his name on the rolls - He states that he enlisted in the spring of 1776 or 1777 in Capt. James Bunnels company in (the then) Col. Duttons Regiment his orderly sergeant was Jas Raymond - that he was afterwards transferred with the Comp y under Bunnell to Col. Eph m Martin, regt. That he afterwards belonged to the 5 th New Jersey Regt. Howard under several Captains, to wit Morris, Lewis, or Luce & Pierson. That he was sometime in one of the Companies composing Washingtons body guard, which was, then commanded by a Capt. Craig or Greig
That he was at the Battle of the Clouds, then in the 5 th Regt. & in the same regt. at the capture of Fort Mifflin & when discharged, belonged to the same Regt. That he was discharged at or near Valley Forge
That he sold his discharge & certificate of $80 for back rations to a Capt. Weide of Elizabeth Town N.J.
I am personally acquainted with Mr. Howard & from his good character for truth and

veracity in this community, I am induced to believe that another examination will shew his name on the rolls. I saw a roll of Dorton's & Martin's Regt. in the Pension office, when there on the 2 nd of April, as I had occasion to examine them for the name of a soldier who served in Bunnell's Company and Martin's Regts.
Be so good as to make the examination and inform me of the result
Very Respectfully Yours
Th. Maxwell

5373. Revolutionary Claims.
Under the act, entitled, "An act for the relief of certain surviving Officers and Soldiers of the Army of the Revolution," approved 15th May, 1828.
TREASURY DEPARTMENT,
18 March 1833
Sir;
Your claim under the abovenmentioned act has been examined. The act provides for no other noncommissioned officers, Musicians, or privates than those who enlisted in the continental line of the Army of the Revolution for during the war and served therein until the end of the war. The records furnish no evidence of your service nor does it appear that there was any such Colonel in the continental line at the end of the war as the one under whom you represent you served. Under these circumstances your claim has not been admitted.
I am, Sir, very respectfully,
Your obedient servant,
W. Ezekiah Howard.
Laurin M. Lane
Secretary of the Treasury.

Mr. Dickinson

Recd 13 March 1833.
2072
For the purpose of obtaining the benefit of an act for the relief of certain surviving officers and soldiers of the Revolutionary Army approved on the 15 th of May 1828 I Hezekiah Howard of the Town of Catlin in the County of Tioga and State of New York do hereby declare that I entered the Revolutionary army in place of My brother Elihu Howard who had enlisted for and during the war, and continued in its service until its termination, at which period I was a private in Capt. Morris' Company, in Col. Luce's Regiment of Brig d Genl. Dayton's Brigade of the Jersey line -
and I also declare that I afterwards received a certificate for the reward of eighty dollars, to which I was entitled under a resolve of Congress passed the 15 th of May 1778. And I further declare that I was not, on the fifteenth day of March 1828 on the Pension List of the United States.
his Hezekiah H Howard mark
Before me William Maxwell a Justice of the peace in the County of Tioga & State of New York personally appeared this day John Dean & Michael Gargell John P. Brees, (to me known as reputable witnesses & entitled to belief) - of the said County who did severally make oath that Hezekiah Howard by whom the foregoing declaration was subscribed is generally reputed and believed to have been a soldier of the Revolution in manner as therein stated. Witness my hand this 5 th day of March 1833 W. Maxwell Justice of the Peace Tioga Co N.Y.
State of New York, Tioga County ss.
I Green M. Fithill Clerk of the said County of Tioga do certify that William Maxwell Esq d before whom the foregoing affidavits were sworn was at the time a Justice of the peace and duly empowered to administer oaths - In testimony whereof, I have hereunto set my hand and affixed my Seal of Office the 5 th day of March 1833 - Green M Fithill

Know all men by these presents that I Hezekiah Howard of the Town of Cattle in the County of Tioga & State of New York do hereby constitute & appoint Thomas Maxwell of Elmira in the County of Tioga & State aforesaid my true & lawful Attorney with a power of substitution for me and in my name to receive from the United States, the amount of pay now due to me under the act for the relief of certain surviving officers and soldiers of the Revolution approved 15 th of May 1828 as a private in Col. Luce's Regiment of the New Jersey Line of the Army of the Revolution.
Witness my hand and seal the 5 th day of March 1833.
Sealed & delivered In presence of W. Maxwell
Hezekiah his X Howard mark
Before me William Maxwell a Justice of the peace in the County of Tioga in the State of New York personally appeared this day Hezekiah Howard whose name is subscribed to the foregoing power of Attorney & acknowledged the same to be his act and deed.
Witness my hand the 5 th day of March 1833.
W. Maxwell Justice of the Peace Tioga Co. N.Y.
The said Hezekiah Howard in consequence of inability to write his name, from want of education, made his mark to the foregoing declaration & power of Attorney in my presence
W. Maxwell Justice of the Peace Tioga Co. N.Y.
State of New York Tioga County ss. I Green M. Fithian Clerk of the said County do hereby certify that the above named William Maxwell was on the day of the date of the above certificate a Justice of the peace in the said County, and the writer believes the above signatures are genuine.
Witness my hand & seal of office the 5 th day of March 1833
Green M. Fithian

Col Ogden states there was no such colonel in the N.Y. line.
Her Howard
J. Maxwell agent Elmira N.Y.