Revolutionary War Pension and Bounty Land Warrant Application File R. 4852, James Helme, R.I.

SERVICE
NUMBER
P. I.
Helme, James.
P. 4852
* CONTENTS

10363
In the matter of the Application of James Helme for a Pension
Proceedings
No. 28.
To the care of Giles H. Yates Schenectady N.Y.
passed

State of New York } County of Schenectady } ss
On this twentyth day of October in the year of our Lord one thousand eight hundred and thirtytwo personally appeared in open Court before the Judges of the Court of Common Pleas in and for said County now sitting James H elme a resident of the City — of Schenectady in said County & State, aged upwards of seventytwo years who being first duly sworn according to law, doth on his oath make the following de- claration in order to obtain the benefit of the act of Congress passed June 7 th 1832
He was born in the town — of Newport in the County of Newport — in the State of Rhode Island on the twentieth — day of January 1760 — He has no record of his age except that contained in his family Bible —
When he was called into the service of the United States in the army of the revolution, he was living in South Kingston, in Wash- ington County in the State of Rh. Island, and since the revolutionary war he has lived in Greenfield Saratoga County in the State of New York about 15 years, then moved to Florida in said State & he now lives in the City — of Schenectady, aforesaid, & has lived there since the month of March last.
He entered the service of the United States under the following named officers and served as herein stated
When he arrived at the age of 16, he commenced the performance of military duty with the militia belonging to the beat in which he lived and served therein under different engagements during said war. The precise dates of which engagements he cannot possibly recollect. But the different terms of his services were as near as he can recollect them as follows.

On the spring of the year 1776, he was drafted and served in Captain Stephen Babcock's Company in Colonel Dyer's Regiment of Militia or State troops, and was engaged with said troops in guarding the shores and passes of said State of Rhode Island, to prevent the landing of the enemy's forces. In this Company the other officers whom he remembers were Lieutenant Wilson & Ensign William Steadman. The Lieutenant Colonel of his Regiment he thinks was William Potter.
He engaged pursuant to his drafts every other month in the service aforesaid under said officers until the spring of the year 1777, performing duty sometimes at North Kingston, then at Greenwich & at Wickford, Stonington, Westerly & Newport, - was at Newport when the British landed on Rhode Island in December 1776. He served as a substitute for the term of one month for one David Babcock - also as a substitute for the like term of one month for one Henry Green. During the years 1777 & 1778, he served with the regular troops at Boston neck & other places with his Regiment which was he believes during the years last aforesaid under the command of Lieutenant Colonel Babcock. His captain's name was during the same period Paris Garner. He remembers to have served one month in mounting guard at Sherburne's house - two months at Godfrey Hazard's - one month at Colonel John Garner's - one month at Abijah Babcock's - one month at Captain Paris Garner's - and one month at Godfrey Hazard's. The whole period for which he performed military duty as a militia man & with the regular troops consisting

of different terms of one & two months each during the years 1776, 1777 & 1778, was fourteen months.
In the year 1779 he enlisted for the term of six months in the Company of R. I. State troops commanded by Captain Henry Daton of Newport. James Miller of Providence First Lieutenant, John Miller of Providence second Lieutenant - William Bliss Ensign - Colonel Daton Commandant of the Regiment. He served while in this engagement at different places in guarding different posts exposed to attacks from the enemy. He served out said term of six months and was discharged at Newport aforesaid. He received a discharge from this service signed by his Lieutenant James Miller; but which discharge has long since been lost.
He was during said service in several battles & skirmishes - one at Fort Harrison on Britton's neck, with a party of the British who landed there one night late in the fall of the year 1781.

THE FOLLOWING are the names of some of the regular officers whom he knew, or who were with the troops where he served, and such continental and militia regiments or companies with which he served, or as he can recollect, viz: those whose names are heretofore stated by him
He never received any written discharge from the service, other than the one before noted
He has no _____ documentary evidence, and knows of no person whose testimony he can procure who can testify to his service
The following are the names of persons to whom he is known in his present & late neighborhood, and who can testify as to his character for veracity, and their belief of his services as a soldier of the revolution, to wit the Rev. Nicholas Kill & the Rev. Abraham D. Gillet
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 agency of any State.
Subscribed and sworn to the day and year first aforesaid
John A. Woodman
Clerk.
James Helmer
County of Schenectady ss. James Helmer the applicant before named, being duly sworn saith that for several months past he has made efforts to procure the testimony of witnesses to his services as set forth in the foregoing declaration but has been unsuccessful, this deponent has reason to believe that all the officers under whom he served as well as the privates with whom he served are deceased, or if living he does not know where to find them. This deponent further saith, that it is entirely out of his power to specify any other places where he served, or give the names of any other officers under whom he served, and give in any way a

more circumstantial account of his services than he has done in the preceding declaration. For the aforesaid service by him as a private in the companies aforesaid rendered in the whole greatly exceeding fifteen months, this deponent claims a pension. Subscribed & sworn this 4 th July 1833, before me
John Shaw Esq. Justice of the Peace
I certify that John Shaw Esq. whose name appears to the jurats of the above affidavit, was on the day of the date thereof a justice of the Peace in & for said county, & that his signature to the same is genuine. Witness my hand & seal of office this 4 th July 1833.
WE Nicholas Hill clergymen residing in the town of Florida in the county of Montgomery aforesaid, and Abraham D. Gillett residing in the a clergymen residing in the City of Schenectady do hereby certify that we are well acquainted with James Helme who has subscribed and sworn to the above declaration; that we believe him to be seventy two 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.
Subscribed and sworn the day and year aforesaid John S. Wooman Clerk.
Nicholas Hill Abraham D. Gillett
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 Nicholas Hill who signed the above certificate is a clergymen resident in the town of Florida in the County of Montgomery in said State & that Abraham D. Gillett who also signed the same, is a resident in the city aforesaid, and is also a clergymen, that they are credible persons, and that their statement is entitled to credit.
I John S. Wooman Clerk of the Court of Common Pleas, in and for the county of Schenectady do hereby certify, that the foregoing contains the original proceedings of the said Court in the matter of the application of James Helme for a pension.
In testimony whereof I have hereunto set my hand and seal of office, this Twelfth day of October in the year of our Lord one thousand eight hundred and thirty-two
John S. Wooman Clerk.

10363.
James Helms Schenectady Co New York
e. proof
air Oct 8.
Giles F. Yates Esq. Schenectady Co New York.

WAR DEPARTMENT,
Pension Office,
Sir:
The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in a tabular form. On comparing these papers with the following rules, and the 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. These points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus: { ). You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your claim.
A Statement, shewing the Service of James Helme. Schenectady Co New York
   Period when the service was rendered. Duration of the claimant's service. Rank of the claimant. Names and Rank of the Company officers under whom he served. Names and Rank of the General and Field officers. Battles in which the applicant was engaged. Country through which he marched. Place of abode when he entered the service, and age at the present period. Evidence by which the declaration is supported.   Years. Months. Days.     Sp 1776 to 1778 1 2 " Piv. Capt G. Babcock Lt Wilson Col Dy Lt Col Dorr None Rhode Is. 72 years Washington Co. Rhode Is. Traditionary   1779 " 6 " " Capt H. Walton Lt Miller Col. Dator Fort St. Lawrence  
I am, respectfully,
Your obedient servant,
J. L. EDWARDS, Commissioner of Pensions.

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

16363 N. York James Holmes Supt. A.
See letter to S. Daggett 19. April 1836
4852

Acts of July 14, 1862, and March 3, 1865.
4852
P. O.
James Helms Service:
REJECTED
Enlisted: _____, 18
Discharged: _____, 18
Application filed: _____, 18
Alleges: _____ _____ _____
Re-enlisted: _____ _____
Attorney: _____
P. O. _____ _____
_____ Recognized. _____ Contra
_____ Cert. of Dis. Searched for _____, 18