Revolutionary War Pension and Bounty Land Warrant Application File R. 4746, Peleg Hathaway, Mass

SERVICE
NUMBER
Mass
Hathaway, Pleg Mercy
R. 4746
CONTENTS

see lib. to A. C. Marsh, Oct. 20, 1837. (in no's claim)
New York 24:890
Files Hathaway of Town of Pines in the State of New York who was a Private in the Corps commanded by Captain Cooper of the Regt commanded by Col. Cotten in the N.Y. Troops for 12. Mo. 8. days , May
Inscribed on the Roll of New York at the rate of 4/0 Dollars 88 Cents per annum, to commence on the 4th day of March , 1834.
Certificate of Pension issued the 17 th day of Mar 1834 and sent Hon. N. Halsey  St. of R.
Arrears to the 4th of Mar 1834 $122:64 Semi-ant. allowance ending 4. Sep' 34. 20:44 $143:08
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by Geo B. Whiting Clerk, Book 6 Vol. 4 Page 111

Decem... er to obtain the benefit of the act of Congress, passed June 7th, 1832.
STATE OF NEW YORK, } Tompkins COUNTY, ss. }
me Niell Halsey of
On this 20 th day of August 1832 personally appeared in open court before the Judges of the Court of Common Pleas in the now sitting County of Tompkins Peleg Hathaway a resident of the town of Croton in the county of Tompkins and state of New York, aged 879 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 act of Congress, passed June 7th, 1832. That he entered the service of the United States, under the following named officers and served as herein stated.
8110 That he volunteered to serve eight Months in the Year 1775 in the Massachusetts Militia under Captain Isaac Wood, Col. Cotton served his time out - And then volunteered to serve three Months under Capt. Joshua White served his time out - And then volunteered to serve in the regular Army for nine Months served under Captain James Cooper, Col. Bradford was at Roxbury at the time of the Canoneade between the troops at that place - was at Roxbury near Boston when in the 8. Months service - was on Rhode Island when in the 3. Months service near Newport - When in the nine Months service was first at West Point then at White Plains from then to Danbury from then to Hartford, from then to Fishkill and PEEKSKILL was dismissed at Fishkill - lived in Middletown when he entered the service - And he hereby relinquishes every claim whatever to a Pension or annuity except the present and declares that his Name is not on the Pension Roll of the Agency of any State -
sworn and subscribed the day & Year aforesaid before me Niell Halsey one of the Judges of the Court of Common Pleas of Tompkins County -
Peleg Hathaway

He hereby relinquishes every claim whatever to a pension or annuity except the present, and declare that his name is not on the pension roll of the agency of any state. Sworn to and subscribed, the day and year aforesaid.
We Henry C. Vogell a Clergyman residing in the Town of Groton, County of Tompkins and State of New York and Robert C. Reynolds residing in the same place hereby certify that we are well acquainted with Poley Hathaway who has subscribed and sworn to the within declaration - that we believe him to be seventy nine years of age - that he is respected 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 20 th day of August 1832 before me Niel Halsey one of the Judges of Tompkins County —
Henry C. Vogell. R. C. Reynolds

In the matter of Emily Kathaway
+ 18335
V

Pelegh Hathaway
1 st Born in the Town of Freetown, County of Bristol and State of Massachusetts in the year 1752 — 2 d has no record of his age — 3 d In Middleborough, County of Plymouth and State of Massachusetts. moved from thence in the 1781 to Berkshire County in Massachusetts and from thence to Groton where he now lives 4 th Volunteered into the service for 8 Months in the year 1775 — in the Massachusetts Militia and served that time out — and then volunteered for 3 Months and served that time out. and then volunteered for nine months and served that time out — 5 th Belonged to Gen. Gates Division when in the 9 Months service Col. Bradford and Capt. Cooper — knew Gen. Greene, Gen. Lincoln, Gen. Washington, Col. Ebenezer Sprague Col. Putnam — was a soldier in the Infantry. 6 th never received any discharge — 7 th I knew Hovey, Zimri Marsh P. M. Adams the Blodgetts, Ebenezer Williams

Nicholl Halsey one of the Judges of the Court of Common Pleas of the County of Tompkins Do hereby Certify that Pels Hathaway the above named applicant resides in the town of Groton in said County about fourteen miles from the place where the Courts are held in said County & that from age & infirmity he is entirely unable to attend the said Courts. And I do further Certify that the above declaration was sworn to by the said Pels Hathaway before me at his residence aforesaid & that his answers to the interrogatories proposed by the War Department were taken at the same time & are numbered in the above proceedings. And I do hereby declare my opinion after the investigation of the matter that the above named applicant was a soldier of the Revolution & served as he states & I do further certify that it appears to me that Henry H. Vozell & H. H. Reynolds who have signed the preceding Certificate are residents in the said town of Groton County of Tompkins & are creditable persons & that their statements are entitled to credit
Nicholl Halsey
State of New York, Tompkins County } Chiefs office }
I Samuel Lowe clerk of said County do certify that Nicholl Halsey
Esq. before whom the annexed Declaration and affidavits purport to have been sworn and also by whom the foregoing Certificate purports to have been given was at the date of the same and of the Judges of the Court of Common Pleas of said County (being a court of record for said County) and that I am well acquainted with his hand writing and verily believe that his name subscribed to said declaration affidavits & certificate is genuine. In testimony whereof I have hereunto set my hand and affixed my official seal at Ithaca

This 10. day of November 1832
Saml. Love ch
In the Math of Pely Bathaway
x
18336
v

K2484
Mercy Hathaway widow of Dele
NY.

State of New York Tompkins County ss: On this fourteenth day of December in the year one thousand eight hundred and thirty six, personally appeared before the undersigned John D. Christie Esq., an officer of the County Courts of said County of Tompkins Mary Hathaway a resident of the town of Groton County of Tompkins and State of New York aforesaid, aged eighty years and upwards who being first duly sworn according to law doth on her oath make the following declara- tion in order to obtain the benefit of the provision, made by the act of Congress passed July 4. 1836. That she is the widow of Poley Hathaway late of the said town of Groton in said County deceased a Justice of the United States, That his name was placed on the Pension List Book, for the New York agency under the act of Congress of 7th of June 1832. and that he continued to draw his pension under said act until the fourth day of September 1835.
And she further declares, That for the proof of the services of her deceased husband in the War of the Revolution, she would legally leave to refer to his declaration and papers, now on file in the Pension office of the United States, where the same will fully and at large appear.
And she further declares, that she was married to the said Poley Hathaway on the fourteenth day of September in the year Seventeen hundred and seventy nine by Benjamin Williams Esquire then a Justice of the peace, at his the said Justice dwelling house at the town of Falmouth County of Bristol and State of Massachusetts. and she further declares that the

and Benjamin Williams is dead . That he died upwards of forty years ago.
And she further declares, that her husband the aforesaid Pelag Hathaway died on the first day of October in the year one thousand eight hundred and thirty five; and that she has remained a widow ever since that period, as will more fully appear by reference to the proof hereto annexed.
Sworn to and subscribed on the day and year her Mercy X Hathaway above written before mark
John D. Christie a Judge
State of New York
Tompkins County ss. I the undersigned a Judge of the county court of said county hereby certify that the above named Pelag Mercy Hathaway by reason of bodily infirmity she is wholly unable to at personally appear in the court of records of said county for the purpose of making her declaration under the act of Congress of July 11. 1836 - and also by reason of such bodily infirmity she is unable to write her name to the foregoing declaration - And I further certify that I am acquainted with the above named Mercy Hathaway, that she is a credible person and her statement is entitled to credit.
John D. Christie a Judge

State of New York -
Tioughniess County ss. On this fourteenth day of December 1836. personally appeared before John D. Christie a Judge of the County Courts of said County of Tioughniess. Deleg Hathaway aged forty one years, who first being duly sworn according to law, deposes and says, that he is the son of the Deleg Hathaway late of the said town of Gt. Flow in said County deceased, a pensioner of the United States. That the said pensioner drew his pension up to the first of September 1835.
And this deponent further says that the said Deleg Hathaway died on the first day of October in the year 1835. That he well recollects the day of his father's death for he lived with him at the time of his death as aforesaid.
And this deponent further says that Mercy Hathaway is the widow of the said Deleg Hathaway deceased and is the mother of this deponent - and that she is now a widow and has remained a widow ever since the death of her said husband. And further this deponent says that he resides in the said town of Gt. Flow. Sworn to and subscribed this day and year above written before
Deleg Hathaway
John D. Christie a Judge
State of New York
Tioughniess County ss. I hereby certify that I am acquainted with the above named Deleg Hathaway. He is a person of credibility and his testimony is entitled to credit.
John D. Christie a Judge

State of New York Tompkins County ss I Arthur L Johnson Clerk of said County do hereby certify that John D. Christie whose name is subscribed to the foregoing affidavit and before whom the foregoing affi- -davit was taken was at the date thereof a Judge of Tompkins County Court, duly commissioned and qualified & authorized to administer oaths to like affidavits, and that I am acquainted with his hand writing and verily believe his signature "John D. Christie" subscribed thereto is genuine. Witness my hand and seal of the said County this 16 th day of December 1836.
Arthur L. Johnson Clerk
W 2484
Henry Hathaway widow of Giles N.Y.

State of New York 3
County of Ulster 3 ss. Be it known that on this 23 d day of September A.D. 1852. before me the subscriber a justice of the peace, in and for the county and State aforesaid, personally came Pelay Hathaway a resident of the Town of Groton, in said county, and made oath in due form of law that he is a son of Pelay Hathaway and Mercy Hathaway late of said Town, both now deceased. That the said Pelay Hathaway was at the time of his death a pensioner of the United States at the rate of $ per annum which said pension he is advised ought to be increased from its original amount as aforesaid. and this affiant is also advised that the said Mercy Hathaway (the widow of the said Pelay) was also entitled to a pension from the day of her husband's death until she died - and that the children of the said Pelay and Mercy Hathaway are entitled to such amount of pension as may appear to have be due to them respectively at their time of their decease. That in this affiant is directly interested as one of the children of the said Pelay and Mercy Hathaway deceased - as a claimant, and makes this affidavit for the purpose of obtaining such amount of pension as may be due the said children under any of the Laws, Regulations or decisions that have been, or may hereafter be adopted - The said affiant further declares that he hereby constitutes and appoints on behalf of all the children of the said Pelay & Mercy Hathaway - Samuel H. Marks of the City of Albany - and Virgil Dues Esq. of the City of Washington his Attorneys, and Agents to prosecute said claim, with power of substitution, to examine all papers and documents in relation thereto, and to do all things necessary and lawful in the premises.
Sworn to and subscribed the day 3 and year aforesaid before me
Pelay Hathaway
D. N. Woodbury Justice Peace
I Daniel Woodbury a Justice of the Peace in and for the County and State aforesaid, do hereby certify that Pelay Hathaway above named is a respectable resident of this County Own

And is as I believe, strictly interested in said claim as therein set forth, and acknowledges the foregoing power of Attorney to be his act and deed —
D. W. Woodbury Justice of the Peace
State of New York, { ss. Tompkins County Clerk's Office.
I, HORACE MACK, Clerk of said County, do hereby certify, that D. W. Woodbury , Esquire, before whom the annexed Instrument was proven or acknowledged, was at the time of taking such proof, or acknowledgement, a Justice of the Peace in and for said County, and duly authorized to take the same. And further, that I am well acquainted with the hand-writing of the said Justice and verily believe that the signature to the said certificate is genuine, and that the annexed Instrument is executed and acknowledged in conformity to the laws of said State.
In Testimony Whereof, I have hereunto set my hand, and affixed the seal of the said County, at Ithaca, this Twenty third day of September 1852
H. Mack Clerk.

"On September 14, 1779. Mr. Peleg Hathaway of Middle- borough and Mrs. Marcy Williams of Saunton were joined in marriage."
"Attest Benj a Williams Just. Peace"
Saunton Ms. Aug. 2. 1837- I hereby certify that the above is a true copy of the record in the town Clerk's office of said town of Saunton, and that the same appears to be an an- cient record.
Attest Edmund Anthony Town Clerk of Saunton.
District ss. Aug. 2 nd 1837. Then personally appeared the above named Edmund Anthony, known to me as Town Clerk of said Town of Saunton and made oath to the truth of the above certificate, by him subscribed. Before me, Jas. Sproat Just. Peace.
Commonwealth of Massachusetts.
ss. James Sproat, Clerk of the Court of Common Pleas for said County of Bristol, do hereby certify that James Sproat, Esq. whose signature is affixed to the foregoing certificate, is a Justice of the peace in & for said County of ... and duly qualified to administer oaths.
In testimony whereof I have hereunto set my hand, and affixed the seal of said Court, at Saunton, this second day of August, in the year of our Lord Eighteen hundred thirtyseven.
Jas. Sproat

88918336 Percy Hathaway Tompkins Co N.Y.
d. i.
Admitted Private 12 mo & 8 days ret
How N. Halsey H.R. Woodstock & Lewis Ithaca Tompkins Co N.Y.

WAR DEPARTMENT,
Pension Office,
May 17 1833
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 Peleg Hathaway Tompkins Coe & Co.
   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.     vol. - 1775 8 Capt. Wood Col. Cotton Roxbury 79 years Traditional evidence   vol. - - - 3 Capt. White Col. Brade Boston Middleborough   vol. - - - 9 to Capt. Cooper Gen. Gage B Island Country of Plymouth   nearby Port - Napa   Westport Massachusetts   White Plains   near Danbury   Hartford   White Plains   Hartford   White Plains   Hartford   White Plains   Hartford   White Plains   Hartford   White Plains   Hartford   White Plains   Hartford   White Plains   Hartford   White Plains   Hartford   White Plains   Hartford   White Plains   Hartford   White Plains   Hartford   White Plains   Hartford   White Plains   Hartford   White Plains   Hartford   White Plains   Hartford   White Plains   Hartford   White Plains   Hartford   White Plains   Hartford   White Plains   Hartford   White Plains   Hartford   White Plains   Hartford   White Plains   Hartford   White Plains   Hartford   White Plains   Hartford   White Plains   Hartford   White Plains   Hartford   White Plains   Hartford   White Plains   Hartford   White Plains   Hartford   White Plains   Hartford   White Plains   Hartford   White Plains   Hartford   White Plains   Hartford   White Plains  
I am, respectfully,
Your obedient servant,
J. L. EDWARDS, Commissioner of Pensions.

 REGULATIONS UNDER THE ACT OF JUNE 7, 1832. 
The following regulations have been adopted:
 This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army, and to include under the terms "Continental Line," "State troops," "militia," and "volunteers," all persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, &c. Teamsters, Boatmen, &c. Persons who served on board of Private Armed Vessels are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service. 
Four general classes of cases are embraced in this law:
1. The Regular Troops. 2. The State Troops, Militia, and Volunteers. 3. Persons employed in the Naval service. 4. Indian Spies.
As rolls of the regular troops in the Revolutionary War exist in this Department, all persons, claiming the benefit of this law as officers, non-commissioned officers, musicians or privates, will in the first instance, make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides. And every Court having by law a seal and Clerk is considered a Court of Record.
DECLARATION.
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
State, Territory, or District of } County of } ss.
On this _____ day of _____ personally appeared (a) before A. B. a resident (b) of _____ in the county of _____ and State, Territory or District of _____ aged (c) _____ years, who being first duly sworn, according to law, doth on his oath make the following declaration, in order to obtain the benefit of the provision made by the act of Congress, passed June 7th, 1832. That he enlisted in the Army of the United States in the year (d) _____, with _____ and served in the _____ (e) regiment of the _____ line, under the following named officers:
 [Here set forth the names and rank of the Field and Company Officers; the time he left the service; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers;) the town or county and State in which he resided when he entered the service; the battles, if any, in which he was engaged, and the country through which he marched. This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.] 
He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of _____
Sworn to and subscribed the day and year aforesaid.
A. B.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion ( g ) that the above named applicant was a revolutionary soldier, and served as he states.
I do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of _____ for a pension.
In testimony whereof I have hereunto set my hand and seal of office (i) this day of _____ &c.
 If, on examination of the proper record the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (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 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 (I) 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 loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service; but, according to the best of his recollection, he served not less than the periods mentioned below, and in the following grades:—For _____ year _____ months, and _____ days, I served as a _____. For _____ months and _____ days, I served as a _____; and for such service I claim a pension."
It is important, in all cases, to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months , is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state that they served two years in the militia, &c. without specifying the tours, the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must, in every case, be clearly shown under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
[f] The law makes the relinquishment indispensable.
[g] The opinion of the Court is always required.
[h] The Clerk must give his certificate in every case.
[i] The Clerk must affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he has no public seal of office, the certificate of a Member of Congress, proving the official character and signature of the certifying officer, should accompany the papers.
Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other papers authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
Proof of Service.
[j] In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses, who are required to set forth in their affidavits the time of the claimant's entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
[k] The notes from [a] to [i] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in note [j] applies to continental troops only.
[l] This traditional evidence is indispensable in militia cases.
[m] If a witness cannot be found, the declarant must state the fact.
[n] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.
John H. Ashton

Acts of July 14, 1862, and March 3, 1873.
REJECTED
4746
P. O.
Mercy Hathaway
Service: widow of Peleg
Enlisted: _____, 18
Discharged: _____, 18
Application filed: _____, 18
Alleges: _____
Re-enlisted: _____
Attorney: _____
P. O. _____
_____ Recognized. _____ Contract.
_____ Cert. of Dis. Searched for _____, 18

2484
4 v Rejected
due Col. to A. C. Marsh,
Oct. 20, 1837.
4746

With Matter of Polly Hathaway
Supplemental Aft

Personally appeared before me a Commissioner of Pleas &c in the County of Hampshire & State of New York Philip Hathaway who being duly sworn say that by reason of old age & the consequent loss of memory he cannot swear positively as to all the particulars of his service but according to the best of his recollection he served not less than the periods mentioned below under the following officers & according to the following circumstances
First For eight months as a private in the Massachusetts militia which a resident at Middlebury Plymouth County Massachusetts under Capt Isaac Wood Col Theophilus C Cotton Major Ebenezer Sprout Lieut Col Ichabod Alden 1st Lieut Abiel Townsend 2nd Lieut Thomas that he volunteered in the month May 1775 - Marched to Roxbury & staid there during his time being in Boston & returned home when dismissed
Second For three months as a private in the Massachusetts militia - volunteered - Officers names Capt White Col Not Recollected Major White - other officers not remembered - commenced in the month of Oct 1776 - Marched to Bowdoin Ferry - crossed to Rhode Island & staid about a fortnight - was then drawn to go to Freetown to cut wood & spent the rest of the three months in cutting wood & was dismissed
Third For nine months as a private in the regular service commencing in June 1778 or the year of Monmouth battle - officers, Capt James Cooper Col Bradford Adjt Bannister - belonged to Genl Gates Division & General Patterson Brigade - Marched to first point of Fromston to White Plains of soon then to Danbury, staid there a while & Marched to Hartford, staid there two months & Marched back to the North River, near Fish Kill & staid there till his time was out & was discharged - has lost his discharge

That he knows of no living witness who can testify to his sanity -
That he served in all twenty months for which he claims a pension
Perry Hathaway
Sworn & subscribed before me as aforesaid this 6th day of July 1833
Ebenezer Williams com, &c
State of New York Dorchester County ss. I Samuel Sore Clerk of the said County of Dorchester hereby certify that Ebenezer Williams before whom the above affidavit was taken was at the day of the date thereof a Commissioner of Deeds &c in said County Commissioner of Deeds & duly authorized by law to administer oaths - And I further certify that I am acquainted with his hand writing & do hereby believe the signature above purporting to be his to be genuine
Witness my hand & seal of office this 8th day of July 1833
Samuel Sore clk
The matter of Perry Hathaway Supplemental Aff

Washington Sept 29. 1852
Sir
Herewith enclosed is a Power of Attorney from Pileg Hathaway son of Pileg who was a Prisoner under the act of June 7. 1832
An opportunity of Examining the papers in this case is requested
Respectfully Yours & C V Luce
J. E. Heath Esq., Colonel Prisoners

2484 Aug. 17 p.m. M. Brown
FREE
on J. Edwards Commissioner of Pensions Washington City D.C.

Wm J Edwards
Dear Sir
Enclosed you have the Papers of Widow Mary Netherby in order to obtain the benefits of the act of July 4 th 1836. They have been delayed a great while since her declaration was made in order to obtain the record of her marriage & it is finally done. The old lady is in indigent circumstances & a very feeble state of health consequ- ently your attention to it as soon as may be is desired Respectfully Yours.
A. B. March
Proton Tompkins C o N.Y. August 10 th 1837

12 mo 40.00 8 days .88 40:88 2 //122:64

Commonwealth of Massachusetts.
Secretary's Office, Jan y 9 th 1834.
I hereby Certify, That, from an examination of the Books and Documents, relating to Military Services in the War of the Revolution, which remain in this Department, it appears that the name of Peleg Heathway , as a private, is borne on a Muster Roll of the seconds Minute Company, in Middleboro', on the Alarm of the 19 th of April, 1775, under the Command of Capt. Isaac Wood, where he is allowed three days. m d 3
Peleg Heathway's name is borne on a Muster Roll of Capt. Isaac Wood's Company, in Col. Cotton's Regt. where he is allowed from May 14 th to the 1 st of August, 1775, for services and travel, three months and five days. — — — 3=5
Peleg Heathway's name is borne on a list of men procured from the County of Plymouth, for the term of Nine Months from the time of their arrival at Fishkill, where it appears he went from the Town of Middleborough, and arrived at Fishkill July 7 th 1778.
Peleg Heathway claims for further services

under Capt. Isaac Wood, in 1775, the rolls of which are not found after the 1 st of August in '75. —
Pelez Hathaway also claims for Services under Capt. White, Major White, — the rolls of which are not found in this Office.
Edward D. Bangs. Secy