Revolutionary War Pension and Bounty Land Warrant Application File S. 5,539, Simeon Hill, Mass.

SERVICE
NUMBER
Mass.
Hill, Simeon
S. 5,539
carded
CONTENTS

Letter 15. May 1837 Pen agent
New York 2384
Simeon Hill
of Ontario in the State of N.Y. who was a private in the Comp y commanded by Captain Gerly of the Reg t commanded by Col McClellan in the Mass line for 12 Months
Inscribed on the Roll of New York at the rate of 40 - Dollars — Cents per annum, to commence on the 14th day of March, 1831.
Certificate of Pension issued the 17 th day of May 1833 - and sent to Chester Loomis Aushville. Ontario. N.Y.
Arrears to the 14th of March 1833. $80 Semi-ant. allowance ending 4 th Sep r 1833 - - 40
$100 -
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by George Taylor Clerk, Book E, Vol. 2 Page 60

Simeon Hill Declaration -
23/49
Chester Laurens, Agent Rushville N.Y.

State of New York Ontario County p.
On this twenty fifth day of February in the year eighteen hundred and thirty three personally appeared before me Chester Soomus. One of the Judges of the County Courts of the County of Ontario aforesaid. Simeon Hill, a resident of the town of Victor in the County of Ontario, aforesaid, in the State of New York aforesaid, aged seventy nine years on the nineteenth day of September last past, 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 7 th 1832. That he entered the service of the United States as a soldier in the War of the Revolution and served as is herein stated. Viz.
On the nineteenth day of April in the year 1775 - he volunteered to serve as a soldier in a company of Volunteers or militia commanded by Captain or Guppy Genly, Joseph Clark first Lieutenant and Moses Hartstorn Ensign. He forthwith marched on the said nineteenth day of April, under the command of the said officers, from Medfield in the State of Massachusetts to Cambridge near Boston, where the said company was attached to regiment to a regiment of Volunteer Militia under the command of Col. Wheelock. Two days after the said deponent arrived at Cambridge as aforesaid he was marched in the said company and Regiment to Roxbury also near Boston, where he continued to do duty as a soldier in the said company and Regiment and under the command of the above named officers till the expiration of one year from the time of his entering the service of the United States as aforesaid when he was dismissed by his commanding officer Capt. Genly, or Guppy and in the latter part of April 1776 he returned to Medfield aforesaid.

The said deponent further saith that at the time he so entered the service of the United States as a soldier he resided at Medfield in the State of Massachusetts, that he entered as a volunteer as aforesaid, that he was not engaged in any battle during the period of his said service but that soon after he was stationed as aforesaid at Roxbury he marched in the company to which he belonged and took into custody a number of Tories from Marshfield, and conducted them to Cambridge.
The said deponent further saith that by reason of old age and consequent loss of memory he cannot swear positively what Continental Regiments or companies were stationed at the same place when he served. He recollects that Generals Ward and Putnam were in command of the troops in the summer of 1775 which were stationed at Roxbury. He further saith that he has no documentary evidence of his said service as a soldier nor does he know of any person now living whose testimony he can procure, who can testify to his service as a soldier.
The said deponent further saith that he resides thirteen miles distant from Canandaigua, where the County Courts of the County of Ontario are held and that he is unable by reason of bodily infirmity to attend the sitting of the said Courts.
He further saith that he served as a soldier from the day on which the battle of Lexington took place in a company of volunteers commanded by a Captain whose name was pronounced Ginray but that some persons have supposed that the name of the said officer was Gently and that he is now entirely unable to state in what manner the said officer

spelled his name, and that he is not confident that Girray is the true mode of spelling the said name but that he knows that among the soldiers of the said Company the name of the said officer was generally so pronounced. That he the said deponent remained constantly in actual service as a private soldier, and as such did duty for the full period of one year from the said nineteenth day of April in the year 1775 and that he remained stationed with the said Company, and attached to the said regiment commanded by Col. Wheelock, at Roxbury and Cambridge till the expiration of one year from the time his said service commenced, when he was dismissed
The said deponent further saith
1 st That he was born at Holliston in the State of Massachusetts in the year 1753
2 nd That he has no record of his age except an ancient memorandum thereof in his family register
3 rd That when he was first called into service as aforesaid he was living at Medfield in the said State of Massachusetts. That since the revolutionary war he has lived at Northborough and at Holden in the same state - at Weatherfield and at Westford in the State of Vermont from which last mentioned place he removed to the town of Victor in the County of Ontario and State of New York at which place he has resided during seventeen years last past and now resides
4 th That he entered the service as aforesaid as a volunteer
5 th That General Putnam and General Ward were with the Troops where he served as he thinks during the whole period of his said service and that he distinctly remembers to have seen the

said officers frequently during his said service and that he has forgotten the names of many officers there whom he then knew
6
That he never received any written discharge but that he and the company to which he belonged as aforesaid were verbally dismissed as aforesaid
7
That no clergyman has resided nearer to his present residence than five miles to this deponent's till within a few weeks one has settled as he is informed about three miles from his residence - That he has no personal acquaintance whatever with any clergyman as he believes, whose testimony he can procure But that Josiah Tallmadge and Colonel John Lusk who are respectable citizens and credible persons are persons who can testify as he believes, as to his character for veracity and their belief of his services as a soldier of the revolution
He thereby 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.
Simeon his X Hill mark -
Witnesses to signature
Josiah Tallmadge Samuel Tallmadge
Sworn and subscribed to the 25 th day of February 1833 before me, Chester Loane, Judge of the County Court of the County of Ontario aforesaid
We Josiah Tallmadge residing in the town of Victor in the County of Ontario and state of New York and John Lusk residing in the same place hereby certify that we are and have been during several years last past well acquainted with Simeon Hill who has subscribed and sworn to the foregoing declaration, that he is a man of good character for truth and veracity - 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.
Josiah Tallmadge
(Signature)
Sworn and subscribed to the 25 th day of February 1833 Before me
Chester Soomis
Judge of the County Court of Ontario County aforesaid
And I the said Judge of the County Court of the County of Ontario aforesaid do hereby declare my Opinion after the investigation of the matter, and after putting the interrogatories prescribed by War Department that the above named applicant was a revolutionary soldier and served as he states, And I further certify that it appears to me, after having made due enquiry that Josiah Tallmadge and John Suck, who have subscribed and sworn to the above certificate are residents of the town of Victor in the County of Ontario aforesaid, that they are respectable citizens, and credible persons and that their statement is entitled to credit.
Chester Soomis
Judge etc.

State of New-York, Ontario County ss. I, Charles Crane, Clerk of said County, do hereby certify that Chester Loomis, whose name is subscribed to the several cer- tificates within, was, at the dates thereof, a Judge of the courts in and for the said county; and that I am well acquainted with his hand writing, and verily believe the said signatures to be his proper act and deed: In testimony whereof, I have hereunto set my hand and seal of office, this fourth day of March A.D. 1833.
Charles Crane.

20949
Simpson Hall New York
Charles Loomis Rushmore Antiques New York

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 Simon Hill  Ontario County New York
   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 1775 1 " " Priv Capt Gentry Col Schuch 71 years Malta State of Mass. Traditionary Evidence Certificate of 2 Citizens No other Evidence to be had  
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 } 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.
II, 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 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 be allowed 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 [e] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by 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.

Simuel Hite New York - Role (Albany) Act 7. June 1832
Be pleased to say to what time the pen- sion has been paid
Pension Office
18 May 1837
Since to the 1 Sep 1835
PH

1 West. & Farmer's Bank Albany Pension Agency May 11. 1837.
James L. Edwards Esquire, Commissioner of Pensions,
Sir, Simon Hill a Pensioner under the act of June 7. 1832, claims pay from 4 Sept. 1835 to 4 th March 1837, upon the enclosed Voucher - shall we pay him?
Very Respectfully Your obedt. Servt.
Thos. M. Cluett Pro Tem Ap

Rev War
5539 INVALID.
File No. 5539
Simon Hill Rev War
Act: June 7 th '32
Index:—Vol. M , Page 172
[Arrangement of 1870.]