Revolutionary War Pension and Bounty Land Warrant Application File S. 2,643, Ephraim Hulbert, New Jersey

SERVICE
NUMBER
New Jersey
Hulbert, Ephraim
S. 2,643
carded
CONTENTS

No. B. 324.
Ephraim Hulbert,
of Fairfield Co. in the State of Ohio.
who was a Private in the Co. commanded by Captain Dickenson of the Regt commanded by Col. Starke in the New Jersey line for 11 mos. & 6 days.
Inscribed on the Roll of Ohio.
at the rate of 37 1/2 Dollars 32 1/2 Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 26 th day of June 1833 and sent to Rev. W. W. Brown. Lancaster - Ohio.
Arrears to the 4th of March. 1833 74.64 Semi-ant. allowance ending 4 Sept. 33. 18.66.
$93.30
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by M. Palmer Clerk, Book E. Vol. 8. Page 10.

Ephraim Hilbert Fairfield Ohio
13.324
adm 11. months and six days. —
Hon H. W. Frarin Lancaster Ohio

WAR DEPARTMENT,
Pension Office,
21 June — 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 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 Ephraim Hultbert
   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.     Vol 1778 1 Serj Capt Dickerson Col Stark 24 Morris Traditionary   Araf 1 Capt Day 60   " 1 " " " " N.J.   Araf 1 " " (Young)   " 1 " Col Stark   " 1 " Capt Herd   " 1 " " Brown   " 1 " " Cook   " 1778 1 " " Young   " 1 " " Day   " 1 " " Dickerson   " 1 " "  
I am, respectfully;
Your obedient servant;
2 mo. Capt Hult
J. L. EDWARDS, Commissioner of Pensions.

REGULATIONS UNDER THE ACT OF JUNE 7, 1832.
The following regulations have been adopted:
This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army, and to include under the terms "Continental Line," "State troops," "militia," and "volunteers," all persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, &c., Teamsters, Boatmen, &c. Persons who served on board of private armed vessels are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service.
Four general classes of cases are embraced in this law:
 1. The Regular Troops.  2. The State Troops, Militia, and Volunteers.  3. Persons employed in the Naval Service.  4. Indian Spies. 
As rolls of the regular troops in the Revolutionary War exist in this Department, all persons claiming the benefit of this law as officers, non-commissioned officers, musicians or privates, will, in the first instance, make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides. And every Court having by law a seal and Clerk is considered a Court of Record.
DECLARATION,
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
State, Territory, or District of } ss. County of }
On this day of personally appeared (a) before A. B. a resident (b) of in the county of and State, Territory or District of aged (c) years, who being first duly sworn, according to law, doth on his oath make the following declaration, in order to obtain the benefit of the provision made by the act of Congress, passed June 7th, 1832. That he enlisted in the Army of the United States in the year (d) , with and served in the (e) regiment of the line, under the following named officers :
[Here set forth the names and rank of the Field and Company Officers; the time he left the service; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers;) the town or county and State in which he resided when he entered the service; the battles, if any, in which he was engaged, and the country through which he marched. (This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.)]
He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of
Sworn to and subscribed the day and year aforesaid.
A. B.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states.
I of the Court of do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of for a pension.
In testimony whereof, I have hereunto set my hand and seal of office (i) this day of &c.
If, on examination of the proper record, the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out.
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz:
(k) We, A. B., a Clergyman, residing in the and C. D. residing in (the same) hereby certify, that we are well acquainted with , who has subscribed and sworn to the above declaration; that we believe him to be years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.
Sworn and subscribed the 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 and that C. D., who has also signed the same is a resident in the and is a credible person, and that their statement is entitled to credit.
I, Clerk of the Court of do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this day of &c.
Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction.
If such surviving witness cannot be found, the applicant will so state in his declaration, (l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his

alleged service, as they are known at the Department. A very full account of the services of each person will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.
The Court will propound the following ( m ) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.
 1. Where and in what year were you born?  2. Have you any record of your age, and if so, where is it?  3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?  4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom?  5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services.  6. { To a Soldier. } Did you ever receive a discharge from the service, and if so, by whom was it given, and what has become of it? { To an Officer. } Did you ever receive a commission, and if so, by whom was it signed, and what has become of it?  7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution. 
The Court will see that 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 who, by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court.
Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the Peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature.
No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.
[a] The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance.
[b] The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not conforming to the rule.
[c] The age of the claimant must invariably be mentioned.
[d] The declarant must mention the period or periods of the war when he served.
[e] Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had. Every claimant must state, with precision, the length of his service, and the different grades in which he served, in language so definite as to enable the Department to determine to what amount of pension he is entitled. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service; but, according to the best of his recollection, he served not less than the periods mentioned below, and in the following grades:—For _____ year _____ months, and _____ days, I served as a _____. For _____ months and _____ days, I served as a _____; and for such service I claim a pension."
It is important, in all cases, to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months , is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state that they served two years in the militia, &c. without specifying the tours, the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must, in every case, be clearly shown under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
[f] The law makes the relinquishment indispensable.
[g] The opinion of the Court is always required.
[h] The Clerk must give his certificate in every case.
[i] The Clerk must affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he has no public seal of office, the certificate of a Member of Congress, proving the official character and signature of the certifying officer, should accompany the papers.
Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other papers authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
Proof of Service.
[j] In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses who are required to set forth in their affidavits the time of the claimant's entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
[k] The notes from [a] to [i] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in note [j] applies to continental troops only.
[l] This traditional evidence is indispensable in militia cases.
[m] If a witness cannot be found, the declarant must state the fact.
[n] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.

readers
The State of Ohio
Ta-pul-d County ss
On this 29th day of May A.D. 1833 for- sonally appeared in open court before the Judges of the Court of Common Pleas for said County now sitting, Ephraim Hub- bert, a resident of Amanda in said County, aged seventy four years the fifth day of April of the present year, who being first duly sworn according to law, doth, on his oath, make the follow- ing declaration, in order to obtain the benefit of the act of Congress passed the 7th June 1832.
That he entered the service of the United States under the following named officers and served as herein stated -
He was born in Morris County, in New Jersey, in 1759, as he only believes, and continued to reside there until the revolutionary war when in 1776 or 1777 the date he cannot state with precision there was a call for a draft of the Militia, to which he, individuals were required to volunteer. He belonged to a Company commanded by Capt. Joshua Dickerson and volunteered for a term of one month with five others
readers

in the same company. He went under the command of Col. Dickinson in Princeton when they had to fight nonsense when they finally served out the month for which they were mustered. They were under the command of Genl. Heard - The Col. was in the city by the name of Stark & this May or by the name of Hays. He returned home, being in the fall, and the next spring he was drafted for one month and was placed in a com- pany commanded by Capt. Arlison. Day and was marched to a place called Fire Hall near Newark, where they remained until the expiration of the month. Genl. Winds was in command. He was in the first Regiment, and has forgotten the name of the Col. after the month was out he returned home and an alarm was made in great vigor days, and he turned out with the Milicia, and was out a week and returned home, the British having returned again to New York. In two months after this he was again drafted for one month and was placed in the company commanded by Capt. Young for a Regiment commanded by the name of Col. Stark, & was marched to Elizabeth the town, where they had nothing to do but to keep guard. He continued there until the month had expired and

Torn open
by H S Evans
returned home. He staid at home about two months when half the militia was again called for. He was drafted for one month, and was placed in a company com- manded by said Capt. Heard and by Lieut. in the 1st Regiment commanded by Col. Stark. They were again marched to Elizabeth town where they kept guard until the month had expired, when he returned home, when remained until the summer following, when he was again drafted for one month and was placed in a company commanded by Capt. Ezra Brown in the 2 d Regiment commanded by a Col. whose name has  been lost . Gen. Wind was in com- mand. They were marched again to Elizabeth town where they kept guard as before to prevent the British crossing into Jersey. He served out his time at that place and returned home. In two months after he was again drafted for one month and put in a company commanded by Capt. Dan l Cook, in the 3 d Regiment, the Colonel's name he does not recollect. Genl. Putnam was in command at Elizabeth town, in which place they were marched, and employed as before stated until the month had elapsed, when he returned.

During this period of time , the British troops came into Jersey from New York, under the command of Genl. Howe, a German Genl. and drove them from Elizabeth town to Springfield, where they had an engagement with the Enemy - Genl. Maxwell was in Command. The Dutch General got his troops broken by the Continentals as he landed, and had to return to Staten Island, & was succeeded by a British officer, whose name he cannot state - The British drove them from Springfield to the short hills, where they were reinforced & compelled the Bri- tish to retreat to across the river - They burnt down the town of Springfield, every house before they left it - He returned  and In 1778 he was again drafted for one month, and was placed in a company com- manded by Capt. Robert Young, & was placed in the 3 d Regiment of the Jersey Mili- tia, & was marched to Elizabeth town from where it place, under the command of Genl. Maxwell, they marched to meet Genl. Washington. They went to Allen town, where on the day of the Battle of Monmouth, in June of that year, they lay on the heights above that town. They were not in the action. Genl. Sedg & Maxwell were together

on that day, and during the battle - This was the hottest day that the battle occurred. It produced sickness with him & was sent home by his Capt. When he was started home, the month was not out by six or seven days, but had fully expired be- fore he reached home. After the record he was again drafted for a term of one month, and was placed in a Company commanded by Capt. Day and was marched to Morris Town to guard the Prisoners when he had until his month had fully elapsed, when he returned home. He was again drafted for one month and was placed in a Company commanded by Capt. Dickerson (17th) They were marched to Ely with town, & from that place to Princeton, where they were in the Battle with of the morning at that place, under Genl. Maxwell. They were driven by the enemy to Baskin Ridge, where they were discharged having served the month. Capt. D. Dickerson was killed in the battle of Princeton. He was drafted in Morris County in New Jersey for a term of two months. The whole

He served out at Elizabeth Town State Prison that was kept at Tremlett's point, opposite State Island. When  When Mcchia took turn in going from Elizabeth town to that point looked the Prison from crossing - The Custom was to send a Lieutenant and Sixteen men to that point from which they were at State Prison returned by them - He can- not recollect the names of any of the Officers during this time except Major Extel who lived in Mondan Township in Morris County - He also recollects that his Captain in this town was Calvin Extel, the brother of the Mayor - He cannot recollect the order in which he served out the various tours above described but he has stated them in the book of his recollections - He states that he had several written discharges from officers, whose names he cannot recollect, all of which have long since been lost - In coming in this country the boat in which they discarded the Ohio was sunk near Manhattan & all their papers he had were destroyed - He served in New Jersey several years after the close of the war

where he remained in Genoa in N. York when he heard until he came to his present place of residence about 14 or fifteen years ago - He has no record of his age nor can he state that any was ever kept - He states, that the height of time since the time as now passed, is the improved state of his memory, does not matter him to state with more precision than he has done, the the manner of his being called into the services, the services he rendered, & the efforts made when those services were performed. He is confident he has stated far up there the actual services he did perform. He expects to prove by Salmon Grove Esq. and the Rev. Jacob Myers that his character for veracity is good, & their belief of his services as a soldier of the revolution. He firmly believes every claim whatsoever 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
Ephraim Speller
May 29th A.D. 1833
Sworn to in Open Court
Attest
M c Spencer Clerk P.T.C.
We Jacob Myers a clergyman and Salmon Grover residing in Fairfield County, Ohio, hereby certify that we are well acquainted with Ephraim Speller who has subscribed and sworn to the above declaration; that we believe him to be worthy for years of age; that he is respected and beloved, in the neighborhood where he resides, to have been a soldier of the revolution and that we can vouch for his veracity
May 29th A.D. 1833
Sworn to in Open Court.
Attest
M c Spencer Clerk P.T.C.
Jacob Myers Salmon Grover
82

Rev. and 1812 Wars Section EEL
February 6, 1930
Mr. Charles H. Cory 800 Bay Street, North Saint Petersburg, Florida
Dear Sir:
I advise you from the papers in the Revolutionary War pension claim, S.2643, it appears that Ephraim Hulbert was born April 5, 1759, in Morris County, New Jersey.
Service to 1776 is not known. He may have been in the service in 1776. Dec 17 1776 While residing in Morris County, New Jersey, he enlisted in 1776, and served at various times, amounting in all to eleven months and six days, as a private in the New Jersey Militia under Captains Joshua Dickinson, Artemas Day, Young, Heard, Ezra Brown, Daniel Cook, Robert Young, Day Dickinson and Calvin Axtell, Major Axtell and Colonel Starke, and was in the battles of Springfield and Princeton.
He remained in New Jersey for several years after the close of the war, then moved to Genesee, New York, and then, about 1818 or 1819, to Fairfield County, Ohio.
He was allowed pension on his application executed August 29, 1833, while residing in Amanda Township, Fairfield County, Ohio.
It is not stated that soldier ever married.
Since there are approximately eighty thousand Revolutionary War pension claims filed alphabetically according to the full name of the soldiers, there is no way to determine in which other claims Major Axtell's name might appear.
Date of death not known Very truly yours
EARL D. CHURCH Commissioner.

800 Bay Street, Norik, St. Petersburg, Florida, Dec 17 - 1929
Bureau of Pensions Department of the Interior Washington, D.C.
Dear Sir; - Kindly look up in the old Revolutionary War records for a full detail of the pension claim of Ephraim Halbert , made in Fairfield county, Ohio, in 1833. He mentions Major Henry Axtell.
Are there any other pension claims in which Major Henry Axtell is mentioned?
Very Respectfully Yours - Chas H. Cory, Jr -

1930-File 6- Hist. to Mrs Chas H. Corg- est-
Rev War
2643 INVALID.
File No. 2643
Ephraim Hulbert
Quint Rev War
Act: June 1 1832
Index:—Vol. 4 , Page 183
[Arrangement of 1870.]
✓

Jamie L. Edwards Esq
Comm. room for Prisoners War department City of Washington D.C.

Leicester 12 th June 1833.
Sir
You will find enclosed the application of E. Bulburt for a Pension.
The papers were taken apart by the Clerk, in order to put them together in the manner directed.
Very respectfully
Yrs &c
Wm. Lloyd

E. Hultgren

And as 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 soldier of the revolution and served as a states.
And the Court further certify that it appears to them that Jacob Myers, who has signed the preceding certificate is a clergymen resident in the said County of Sussex, and that Salmon Groom, who has also signed the same is a resident of said County, and is a credible person, and that their statement is entitled to credit.
Attest. L. Smith Clerk of the Court. I do hereby certify that the foregoing is a true copy of the proceedings of the said Court on the application of Ephraim Hall for a pension.
In testimony whereof I have hereunto set my hand and seal this office this 29 th day of May 1813.
Attest.
M. J. Rides. Col. H. C. P. M.