Revolutionary War Pension and Bounty Land Warrant Application File R. 5177, Nathaniel Holmes, New Jersey & Sea Service

SERVICE
NUMBER
New Jersey & Sea Service
Holmes, Nathaniel
R. 5177
CONTENTS
Twelve horizontal dotted lines for writing.
Twelve horizontal dotted lines for writing.

Declaration in order to obtain the benefit of the act of Congress passed June 7 th 1832 — State of New Jersey
County of Cape May ss On this sixth day of August 1833 personally appeared before the Judges of the Inferior Court of Common Pleas for the County of Cape May at the Court house in Middle Town- ship, in open Court Katharine Holmes a resident of Middle Township in the County of Cape May ss who being duly sworn ac- cording to law, doth on her oaths make the following Declaration in order to obtain the benefit of the act passed June 7 th 1832 — that she was born the 17 th March 1757 in the Town of Strabane, Coun- ty of Tyrone in Ireland, that she has no record of her age, except what she has received from her friends in Ireland since her arrival in Amer- ica in 1773 — that she entered the service of the United States under the following named officers & served as herein stated, that she was first drafted & entered the service as a private under Capt. Jonathan of this County Jenkins in the year 1776 and about the 1 st of December in that year was called out when the British Troops were overrunning the Jerseys and marched the first day about twenty miles, when our march was sus- pended and we returned home, it being judged prudent not to take away the militia of Cape May, the County being then exposed to the depredations of the British fleet, we were not called from home till the middle of September 1777, when our Captain being sick I marched under his Lieutenant John Cressie to Woodbury and in a few days to Philadelphia, under the command of Colonel Wil- iam Potter — Next day as the British came in, on the ridge road the party to which I was attached marched out by the way of Frank- ford near the Jolly Post Tavern. Col. Potter stopped behind the militia to do some business & the English light horse came upon him and took him prisoner — The command then fell on the eldest Captain Daniel Mackie of Cumberland — It was the intention of Colonel Potter to have gone on to General Washington's Camp, but our remain- ing Officers got frightened & retreated to Insey and left Capt. Stokes of Gloucester County on a picket guard — Shanga Hewitt , Ben- jamin Taylor now dead and myself gave notice to Capt. Stokes that they had run away & left him — By our notice we prevented him & his whole company from being taken prisoners — We marched up the river to Bacon's and crossed there — Next day we marched down to Goosewing & Flat Hill.

man took the command - I remained there till after the Battle of Germantown Oct 4 th . I was on guard at Coopers Creek bridge when a party of British Troops landed in the night and drove in our guard - We retreated to Moorestown - About the same time General Wayne crossed the Delaware near Trenton, which put a stop to their plundering - Count Pulaski who commanded a troop of light horse was with Genl. Wayne, and as the British retreated from Haddonfield to the ferry, our militia and one company of regulars pursued them & attacked them near the ferry - Pulaski's horse was won- ded under him - I believe the British rec d a reinforcement - We contin- ued skirmishing as far as Coopers Creek Bridge, where we threw in the plank to prevent their crossing - I was also in a skirmish with a party of Hessian called Gangers near Trenton Creek, who were out plundering the inhabitants - Major Ellis had the command the day - I was in the service almost the whole of the winter that the British lay in Philadelphia on duty except 9 or 10 days, that I spent in going home & returning to the Camp - I entered as a mari- ner on board the tender Sloop called the Harlequin belonging or at- tached to the Rider Ally Capt. Barney cruising after the Refugees in the Delaware, soon after she took the General Monk in the year 1782. I was also in the naval service as mariner on board a Schooner called the "Swan" Capt. Robinson sent by Congress with dispatches to Count D'Estaing French Admiral, with orders to sink & destroy the same in case we were like to be captured. The French fleet consisted of twenty three sail of the line in Port Royal, Martinique, which took troops on board from the Moro castle of shore the night we arrived & sailed next morning & in less than two weeks after, we received from the Admiral the news of his taking Grenada and St. Vincents Captain Robinson waited some time for dispatches from the Ad- miral & returned with them to Philadelphia - Was in this service as much as three months, I was under the command of Captain Jenkins, engaged in guarding the coast on the bay shore, having been drafted for the service as much as two months - (This was in the Spring of 1778 - Deponent would rather be under than over the mark - He declares he was in the service the Winter of 1777 and 1778 as much as three months, the Spring following guarding the coast as much as two months, under Capt. Robinson on board the Schooner Swan in 1779, three months, under Capt. Enoch Stettinius on board the Harlequin.

Cape May J. Shanger Street being duly sworn according to law deposeth and saith that on the morning of the day when the British took possession of Philadelphia, and while deponent was in his coun- try service he was called on by Col. Hamilton Asst. General Wash- ington to press some wagons, he being a duly Sergeant - He was di- rected to William Fisher's store in Front Street below Walnut St. Fisher objected to his taking the goods - Hamilton said the Army must have them & offered him certificates to the amount, which he refused - Nathaniel Holmes who is the above applicant and myself were two among others who were ordered by Hamilton to break open the door & take such goods as were selected suit- able for the Army - Deponent knows of said Holmes being in the Service at the time the British lay in Philadelphia and from the current report which he heard during the revo- lutionary period & since & from circumstances, he has every reason to believe that he served as he states, and even longer than he states, that with regard to time, he is rather under than over the mark -
Sworn & subscribed the day and year off. in open Court - Crespe Townsend
Shanger Street
And the said Court do hereby declare their opinion after the investigation of the matter and after putting the interrogatories prescribed by the War De- partment 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 Samuel Smith who has signed the preceding Certificate is a Clergyman resident in Middle Township County of Cape May, and that Crespe Townsend who has also signed the same is a Resident in the same Township & a credible person & that Shanger Street who has signed the above affidavits is also a credible person & that their statement is entitled to credit - Crespe Townsend
I Jonathan Hand Clerk of the Court of Common Pleas for County of Cape May do certify that the foregoing contains the original proceedings of said Court in the matter of the application of Nathaniel Holmes for a pension - In wit- ness whereof I have hereunto set my hand and seal of office the seventh day of August in the year of our Lord One thousand eight hundred and thirty three - Jonathan Hand Clerk.
I Thomas Lee Member of Congress elect of the State of New Jersey & residing nearest the County of Cape May do certify that Jonathan Hand who has subscribed the above is the Clerk of the said Court of Cape May & that I am acquainted with his hand writing that the above is his signa- ture & that the Clerk of said County has no seal of any particular device or inscription -
Thomas Lee

in 1782 One month , making in all a period of nine months for which he claims a pension - as a private This is all he claims altho he was engaged for five years in the service of his adopted country, by which I say during the war, a principal part of the time on board of private armed vessels, which are not included in the provisions of the Act of Congress - I was three times prisoner with the British and suffered all but death on board the old Jersey Prison ship, at one time one month , and four months the second time & the third time taken by the Aspasia British frigate and put on board a British flag ship entering the Chesapeake, to carry away the baggage of Cornwallis, after his capture, according to the articles of capitulation. Deponent when called into service, lived in the Middle precinct of the County of Cape May & with the exception of five years after the Peace when he kept store at Port Elizabeth, in the adjoining County of Cumberland, he has continued to live in said Middle precinct now called "Township" - I entered the service as a volunteer under Genl. Perkins - The call was a general one - Our County did not then raise a Regiment - we could not muster more than 300 men fit for duty - I think Elijah Hand or Nicholas Stillwell acted as Colonel - Can not remember to have received any written discharge - we were discharged in companies - Almost all my old comrades are dead - Shamgar Ascutt and James Rapp are still living and acquainted with my character - Declarant 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. He declares that he was not employed in any civil pursuit during his said service.
Sworn & subscribed the day and year first in open Court before Townsend Judge
Nathl. Holmes
We Samuel Smith a Clergyman residing in Middle Township of West Cape Townsend residing in the County of Cape May hereby certify that we are well acquainted with Nathaniel Holmes who has subscribed & sworn to the above declaration, that we believe him to be seventy six years of age 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 and year first in open Court - John Young Judge
Samuel Smith before Townsend

October 30, 1935
XXXXXXXXXXXXX
Captain George N. Hyland 71 West Greenwood Avenue Lansdowne, Pennsylvania
NATHANIEL HOLMES R. 5177 BA-J/MLB
Dear Sir:
Reference is made to your letter in which you request the Revolutionary War record of Nathaniel Holmes who was born in 1757 and served in the New Jersey militia from Cape May Court House.
You are furnished herein the record of the only soldier named Nathaniel Holmes, under any spelling, found in the Revolutionary War records of this office. The data therein were obtained from the papers on file in pension claim, R. 5177, based upon his service in the Revolution.
Nathaniel Holmes was born March 17, 1757, in Strabane, County of Tyrone, Ireland, and came to America in 1773. The names of his parents are not given.
Nathaniel Holmes applied for pension August 6, 1833, while residing in Middle Township (formerly Middle Precinct), Cape May County, New Jersey, and stated that while residing in said Middle Precinct, New Jersey, he was called out about December 1, 1776, when the British were overrunning New Jersey, that he served in Captain Jonathan Jenkins' New Jersey company, marched about twenty miles when the march was countermanded and he returned home and was not called out again until the middle of September, 1777, when the British entered Philadelphia, that he served under Lieutenant John Cresse as his captain was sick, and part of the time under Captains Daniel Maskell and Stokes, and Colonels William Potter and Hillman, in the New Jersey troops, that he was in engagements at Cooper's Creek Bridge and with a party of Hessians near Newton Creek, length of this tour three months; that he served two months in the spring of 1778 as a private in Captain Jonathan Jenkins' company, Colonel Nicholas Stillwell's or Elijah Hand's New Jersey regiment, engaged in guarding the coast on the bay shore; that he served three

months in 1779 as a marine on board the schooner, "Swan", Captain Robinson, and that he served one month in 1782 as a marine on board the tender sloop, "Harlequin", Captain Enoch Stillwell; that he served also on some private armed vessels, no details of that service given, and that during his service he was taken prisoner three times, suffering great hardships while confined on the old Jersey prison ship.
His claim was not allowed as proof of service was not furnished in accordance with the requirements of the pension laws.
After the Revolutionary War Nathaniel Holmes continued to reside in Middle Township, Cape May County, New Jersey, with the exception of five years when he kept store at Port Elizabeth in the adjoining County of Cumberland, in New Jersey. He died early in 1834.
There are no family data shown in the claim.
Very truly yours
A. D. HILLER Executive Assistant to the Administrator

New Jersey
Nathl. Holmes
Suspended
Ans? An. I. Perkins
Mar 17 th 1834

May 21-1902 R.S. Thompson - Chicago Ill 1921, Jan 27 - Hill. Co Frances G. Holmes - En 1935, Oct 30 - Hied to Geo. M. Hyland
REJECTED
0177
P.O. _____ Nathaniel Holmes Service: _____
Enlisted: _____, 18
Discharged: _____, 18
Application filed: _____, 18
Alleged: nj Pa also
"The printed list of 1852 gives Re-enlisted: cause of suspension as: "For further proof of the character of the vessels "Walryon and Swan"
Attorney: _____
P.O. _____
_____ Recognized. _____ Contract.
_____ Cert. of Dis. Searched for _____, 18

State of New Jersey Cape May county ss. James Ross, aged 73 the twenty second day of April next, on his solemn affirmation  maketh  faith , that he was well acquainted with Nathaniel Holmes of said county who applied for a pension under the act of June 1832 - deponent was in the service with him in the autumn and winter of 1777 & 78 was with him when the British entered Philadelphia September 1777 - Deponent is positive that they were together in one place for two weeks , making two months, and that said Holmes was in the service at this time altogether as much as four months - and that said Holmes was engaged in the spring of 1778 in guarding the court for more than two months having been drafted for the purpose - as he has in his declaration stated - this affirmant  deponent further say that he has always under the  stop "Harlequin" and "Swan" were engaged in the national service of the United States.
Affirmed this 5 th day of February 1834 -
in Open Court - at the Court House James Ross in Cape May Jos. Goff
and the said Court of common pleas for the county of Cape May aforesaid do certify that the said James Ross who has subscribed his name to the foregoing affidavit is a creditable person

resident of the upper township in the county of Cape May and that his statement is entitled to credit.
By the court
Jo s Goff
I Jonathan Hand clerk of the court of common pleas for the county of Cape May do hereby certify that the foregoing is the affidavit of James Brop taken before the said court in the matter of the application of Nathaniel Holmes for a pension. In testimony whereof I have hereunto set my hand and seal of office this 5 th of February in the year of our Lord one thousand eight hundred and thirty four. —
Jonathan Hand - Clerk.

Bridgeton N.J. Feb 21 st 1834
Dear Sir,
Joshua Brick Esq. who is a friend to Mr. Holmes's family, has intimated to me the expediency of renewing the enclosed application through you — He says Mr. Lee was well acquainted with the very respectable standing of Mr. Holmes — Mr. Lee having certified as to the signature of J. Hand Clerk of Cape May Place, perhaps the Com te of Pensions will not require an additional Certificate — If he does Mr. Lee will give it — Mr. Holmes died the week before Cape May February term 1834 — Of course I could obtain no additional statement from him — I have no doubt, that his statement is accurate — No man who ever knew Mr. Holmes would hesitate a moment to believe him.
I wish also to direct your attention to the cases of Joshua Williams v Shangan Stewart which are in file, for further consideration — Williams died last fall — but the amt due him from 4 th March 1831, would be of very material aid to his family — The difficulty with Mr. Edwards seems to have been to ascertain the term with precision — Let him give a Certificate so as much as he believes to be true from the view of the whole case —
In the case of Shangan Stewart, I informed Mr. C. by letter that he was extremely desirous that I was under the necessity of pulling it down as he stated, it being almost impossible to make him understand — Of the justice of the

claim, no one entertains a doubt - It may be difficult for him to ascertain the precise period of service - I say here as I said in the case of Williams, let the Comt. give him a Certificate for as much as he believes him entitled to receive from a view of the whole case - As to the discrepancy suggested by Mr. C. in Mr. H.'s statements, having in his statement made in Feb y 1833 alleged that the service commenced in May 1777 & that in that made in August last, that it commenced in September 1777 - I think there must be some misunderstanding on this subject - As I recollect it, that when Mr. Holmes made his decl n in Aug t on his staying to me that he marched in Co with Housit in Sept. 1777, I asked Mr. Housit if he had not been mistaken in supposing that he marched in August & that if so, he must have claimed for that period of his service, one month too much - I understood him to say, "very likely" - Some allowance ought to be made for his degree of the difficulty of making him to understand - His first statements as far as it goes I have no doubt to be true. If there are any subsequent blunders or mistakes, they must be imputed to the above cause & not considered as intentional errors - *
* For the same he has back at Housit's, 3 or 4 m s he claims as of any year in actual service - If he was any, let it be struck out
The enclosed draft of a letter intended for Doct r Goudie was superseded by intelligence rec d the week after its date in August term 1833, that Dickerson & Preston had rec d their certificates, & that the papers had been transmitted in the other cases.
Peters, with a supplemental affidavit, I expect to receive from

Cape May is a few days - Reamer has been waiting under the expectation of being a person who was out at the same time with him, who may recognize him - I am very Respectfully A.D. I will thank you for your assistance advice in the premisses - Your friend & servant Isaac N. Crane
Dear James Parker
Washington
6th St N.W.
Dear

an practical
Hon. J. Parker
Dept of Rds
Mar. 17 - 1834
J
Hon J Parker
HR

Hon. J. Parker Hotchkiss
Mar. 15 th 1834
26
Hon. J. Parker
HP

War Dept
P.C.
Mar 17 th 1834
Sir
It is exceedingly doubtful upon the facts stated in the declaration of Nathaniel Holmes whether he was six months in actual service. All the service claimed is but nine months. Of this three months was on board the "Pran" and one month on board the Harlequin. No public records bearing those names are known to this Department. Unless they are shown to be such, the claim must be rejected. Before a certificate can issue to the representatives of a deceased claimant the date of his death it must be shown by the certificate of a count of record as well as the name of his widow, or if no widow of his children in whose name the certificate goes in such cases, the papers remain on file
The latter requisite applies also to the claim of Joshua Williams deceased. The case of Haining is herewith referred to in the letter of Mr Crane which is herewith returned will be soon taken up as soon

December 25 1920 RW
Bureau of Pensions Washington D.C.
I am seeking information concerning Revolutionary soldier Nathaniel Holmes, served as private Capt. Henry Stevens Co. Col. John Mackay's Regiment, Cape May Co. N.J. militia and gave other services; applied for pension in 1833, claim No. 5177 but was rejected - can you give me the reason of rejection? He resided and died at Cape May Court House Jan'y. 1834 - Please send data and also amount of fee required and same will be promptly remitted - Awaiting an early reply I am Yours respectfully Frances G. Holmes Dennisville Cape May Co. New Jersey -

71 West Greenwood Ave. Lansdowne, Pa. Oct. 16, 1935
U.S. Veterans Bureau (Pensions Records Div) Washington, D.C.
Gentlemen:
Will you kindly furnish the writer with a copy of any information from your files pertaining to the Revolutionary War service of only one of my Private Nathaniel Holmes , who was born in 1757 and who is reputed to have served in the New Jersey militia regiment of Col. John Mackey?
At the time of his enlistment, the said Holmes is reputed to have been a citizen of Cape May Court House, N.J.
The information requested above is desired by
Yours very respectfully,
George N. Hyland George N. Hyland Capt. 304th Engrs. (Res.)

LAW OFFICE
R. S. THOMPSON,
612 CHAMBER OF COMMERCE, 138 WASHINGTON ST., CHICAGO. TELEPHONE, MAIN 1152.
Chicago, May 19th, 1902.
Hon. Eugene F. Ware,
Commissioner of Pensions,
Washington, D. C.
Dear Sir:—
Please furnish me with a transcript of the papers filed in the case of the application of Nathaniel Holmes of Cape May County, New Jersey, for pension as a soldier of the Revolutionary War.
As a grandson of said Nathaniel Holmes, I desire to obtain the information set forth in the above case.
I am
Yours very truly,
Richard S. Thompson

Rev. War Section.
January 27, 1921.
Frances G. Holmes, Dennisville, Cape May County, New Jersey.
Madam:
In response to your letter of December 21, 1920, you are advised that from the papers in the Rev. War pension claim Rejected file No. 5177, it appears that Nathaniel Holmes was born March 17, 1757 in Strabane, County Tyrone, Ireland, came to America in 1773 and was living in Middle Precinct, Cape May County, New Jersey during the Revolution.
He stated that he served for three months during the Fall and Winter of 1777, and 1778, in Captain Jonathan Jenkins's Company of Cape May County Militia, which was commanded by Lieutenant John Cresse as the Captain was sick.
During the service he was also under the command of Captains Daniel Haskell and Stokes, and Colonels William Potter and Hill, and he was in engagements at Cooper's Creek Bridge, and near Newton Creek.
In the Spring of 1778 he served two months guarding the coast, under Captain Jonathan Jenkins and Colonel Nicholas Stilwell, or Elijah Haus.
In 1779 he was for three months a Marine on the Schooner "Swan" under Captain Robinson.
In 1782 he was for one month, a Marine on the Tender Sloop "Harlequin", under Captain Enoch Stilwell. He also served on some private armed vessels, no details of service given, and during the war was taken prisoner three times.
He applied for pension August 6, 1833 while residing in Middle Township, Cape May County, New Jersey, but his claim was not allowed as the pension laws required six months actual military service, and his services as Marine were not shown to have been on public vessels.
There is no data on file as to his family. He died early in 1834.
Very respectfully,
X or Naval-
Commissioner.

30,020 Nathaniel Holmes
Surfaced
Hon. J. Parker am d Mar. 17 th 1834 J. W. Crane Bridgeport N. H.

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 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. 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 Nathaniel Holmes
   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.              
I am, respectfully,
Your obedient servant,
J. L. EDWARDS,
Commissioner of Pensions.
[Faint handwritten notes at the bottom of the page, likely bleed-through from the reverse side.]

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) _____, who has 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
Each term of service must be specifically stated & proved by the best evidence Naval service cannot be allowed unless in public records which those on board which claimant served are not shown to be

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 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.