Revolutionary War Pension and Bounty Land Warrant Application File R. 4256, James Green, N.H.

SERVICE
NUMBER _____
N. H.
Green, James
A. 4256
CONTENTS

18200. James Green applicant for a pension

State of New York } County of Montgomery } ss
On this Twenty second day of September personally appeared before the judges of the Court of Common Pleas in & for the County of Montgomery now sitting at Johnstown in said County. James Green a resident of the Town of Johnstown in the aforesaid County and State of New York aged eighty one years and upwards, 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 7 th 1832. That he enlisted in a Company commanded by Capt Titcum, but immediately went into a Company commanded by Capt Adams, Lieutenant Drew, & Ensign Thomas in the Regiment commanded by Colonel Poor, Lieutenant Colonel Macfee, & Major Kelly (which he believes belonged to the army of the United States in New Hampshire, of which army Sullivan was Genl) in the year 1775 on the eighteenth day of June. That he marched immediately with the Army to Winter Hill near Boston and there remained on service until the spring ensuing in the year 1776. That he then marched to New York, then went to Albany by water, from that place to Lake George, crossed the Lake to Ticonderoga, then to St Johns then to Chamblly and then to Windmill Point on the Small River where they halted. Finding nothing to do they marched back to St Johns from thence to Chemney Point in July of 1776, where the Small Pox infested the Army and carried off a great number. That he then marched with the Army from that place to Mount Independence, where they remained until the last of November. That while he remained at the

place there was a small engagement with the Enemy at Crown Point. That he then marched to Albany. Orders were at that time given to the soldiers to return home & recruit for the next Campaign, but before he & the rest of the Company had proceeded farther than Spencertown, they were ordered to March immediately to the State of Pennsylvania on account of the reception of the news, that Genl Washington had been driven by the Enemy into the state of Pennsylvania. That they marched directly to that State & joined Genl Washington at Newtown in Pennsylvania. Genl Washington gave orders to the Army to proceed to Trenton in New Jersey, to meet the Hessians, where they found them. That he was engaged in the Battle fought at that place with the Hessians on the 26 th day of December in the year 1776, & assisted in taking many of them prisoners. That he marched back to Newtown with the Army & prisoners. That they remained there a day or two & then were ordered back to Trenton. The time being out for which he was enlisted & was about to be dismissed, when Genl Sullivan solicited the Company & Regiment to which he belonged to remain six weeks, that he also remained six weeks. That he remained during the six weeks he was engaged in the Battle fought with the Enemy at Princeton New Jersey, Wallace being the Commander in Chief of the Enemy and Genl Washington of the Americans, that the British were conqered & that he assisted in taking a number of prisoners. That after the Battle they went to Monistoun N. J. and there remained until the 15 th day of February 1777 when he & the rest of the Company being dismissed by the Captain

returned home; that he remained home until in the Summer of the year 1780 when he went as a substitute for one Tompson Doyte to West Point in a Company commanded by Capt Timothy Emerson, the other Officers he does not recollect. That he remained there three months and the were exposed to constant alarms but had no engagement with the enemy. That he was engaged there in repairing the Barracks & Huts. That at the end of the three months service he was dismissed & returned home & remained home until the conclusion of the War. That at the time he entered the service of the United States he resided in the Town of Durham County of Strafford & State of New Hampshire. That at the end of the War in the Spring 1783 he removed to the Town of Johnstown County of Montgomery & State of New York where he has resided since that time and does now reside. And further this Deponent says not.
He hereby relinquishes every claim whatever to a pension or annuity, except the present, and he declares that his name is not on the pension roll of any agency in any State. James his X Green mark
Sworn to and subscribed the Twenty Second day of September 1832 in Open Court Geo: D. Ferguson, Clerk
Sworn

And the said Court do hereby declare their opinion that the above named applicant, was a revolutionary Soldier and served as he states.
I George D Ferguson Clerk of the Court of Common Pleas of the County of Montgomery, do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of James Green for a pension.
In testimony whereof, I have hereunto set my hand & seal of Office this 22 nd day of September one thousand eight hundred & thirty two.
Geo: D. Ferguson

State of New York Montgomery County ss.
James Green the applicant for a Pension of the United States pursuant to the Act of the 7 th of June 1832 being duly sworn says that he cannot ascertain that there is any person whatever that is now living that is able to testify to his services in the Revolutionary War as set forth in his declaration before the Court of Common Pleas of said County made on the 22 nd day of September 1832. And that he verily believes that that there is no person now living who then when the services were rendered was knowing to the rendition of the services set forth. And this deponent has made diligent enquiry & is unable to learn or discover that any of those who knew of those services are living and believes that they are all dead and that therefore he is unable to obtain any witness or witnesses to prove the performance of the services as set forth in this deponent's application aforesaid.
James his X Green mark
Sworn to this 22 nd day of September 1834
Before me Aaron Haring Justice of the Peace of said County
State of New York Montgomery County ss.
We Elisha Yake a clergyman residing near James Green the aforesaid named applicant, and Elijah Cheadles severally residing in Johnstown in said County and dear to said applicant severally hereby certify that we are well acquainted with James Green who has subscribed the above and also the application to the Court of Common Pleas of said County that we believe him to be eighty three years of age: that he is reputed & believed in the neighborhood where he resides to have been a soldier of the Revolution and that we concur in that opinion and that the said James's reputation is that of an honest man.
Elisha Yake Elijah Cheadles
Sworn and subscribed this 25 th day of Sept 1834 and certify that the witnesses to be credible and very respectable Persons and Witnesses
Before me Aaron Haring Justice of the Peace of said County

We certify that we have been well acquainted with the aforesaid named James Green and the said Elijah Cheadle have lived within two miles of him for forty years last past and I William Wallace have during that time nearly lived but a few miles from him and that we have always understood & believe it to be true that the said James was & is an honest man and a man of truth and probity.
W m Wallace
Elijah Cheadle
Subscribed & sworn to this 20 th of Sept r 1834 and I certify the deponents to be credible & respectable witnesses
Before me Aaron Haring Jr. Pacis
I certify that I have been personally acquainted with & lived within two miles of the said James Green for at least forty years now last past. And that the said James is reputed and believed to be a man of good character and morals of the best honesty and integrity
Subscribed & sworn to this 20 th day of September 1834 and I certify that he is a credible witness & respectable person
Isaac Benson
Before me Aaron Haring Jr. Pacis
Montgomery County Pa. I have lived but a few miles from the said James Green & am well acquainted with him & his character is that of a sober industrious & honest man & of respectability that I have been acquainted with him for the last twenty years
Sworn to this 6 th day of October 1834 Before me
John H. Stoudenbough
A. Haring Jr. Pacis And I certify the witness to be a credible witness & of fair character A. Haring
I certify that I have been acquainted with the said James Green for the last forty five years have lived within a few miles of him I have had dealings with him & had an intimate knowledge of him I have found him honest and that his reputation is that of a sober honest and industrious man and of a fair and respectable standing.
Ebenezer Wells
Subscribed & sworn to this 7 th day of October 1834 & I certify that the certificate is respectable and credible witness Aaron Haring Jr. Pacis.
I have been acquainted personally with the said James Green for forty years last past & upwards

and can freely state that he is an honest & industrious man & has during that time sustained an unim- -peachable character & of good moral deportment Given under my hand at Johnstown this 8 th day of October 1834
State of New York,
Aaron Haring
Montgomery County,
Clerks office ss:
I George D. Ferguson, Clerk of the Court of Common Pleas of Montgomery County, do hereby certify that Aaron Haring, before whom the foregoing affidavits of James Green Elisha Yale & Elisha Shadel, William Wallace & Elijah Shadel, Isaac Bennis, Tobias A. Stout- enburgh, Eleazer Wells, purport to have been known was on the dates thereof a Justice of the Peace in & for the said County. And that I am well acquainted with his hand writing & truly believe that his name subscribed to the said affidavits and to the foregoing certificates of Elisha Yale of the said deponents is his proper hand writing.
In testimony whereof I have hereunto set my hand and affixed the seal of my office this 8 th day of October 1834.
Geo: D. Ferguson

No 18200
James Green Montgomery County New York
e.
To Bone for once for
George D Ferguson Elk Montgomery County New York

WAR DEPARTMENT,
Pension Office,
May 23 1830
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 subjunct notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will shew what is necessary to be done. These points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus: { ). You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your claim.
A Statement, shewing the Service of James Green Montgomery County New York
   Period when the service was rendered. Duration of the claimant's service. Rank of the claimant. Names and Rank of the Company officers under whom he served. Names and Rank of the General and Field officers. Battles in which the applicant was engaged. Country through which he marched. Place of abode when he entered the service, and age at the present period. Evidence by which the declaration is supported.   Years. Months. Days.     Enlisted 18 June 1775 1 7 28 Capt Fithian Capt Adams Col Washington Col Sullivan Col Poor Bunker Hill Crown Point Marched to New York, to New Jersey, to New Hampshire 81 years no evidence, neither traditional, during no clergyman, two reason given. Papers not properly attached   Sub. enlist. 1780 - 3 - Private Capt Emerson Trenton Princeton To Trenton  
I am, respectfully,
Your obedient servant,
J. L. EDWARDS, Commissioner of Pensions.

REGULATIONS UNDER THE ACT OF JUNE 7, 1832.
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 } 38. 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 _____ A. B.
Sworn to and subscribed the day and year aforesaid.
A. B.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states.
I do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of _____ for a pension.
In testimony whereof I have hereunto set my hand and seal of office (i) this day of _____ &c.
If, on examination of the proper record the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out.
 Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz: 
(k) We, A. B., a Clergyman, residing in the _____ and C. D. residing in (the same) _____ hereby certify, that we are well acquainted with _____, who has subscribed and sworn to the above declaration; that we believe him to be _____ years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.
Sworn and subscribed the day and year aforesaid.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that A. B. [illegible] who signed the preceding certificate is a clergyman, resident in the
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 _____, 19____ &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 (U) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his alleged service, as they are known at the Department. A very full account of the services of each person

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

James Green
N.Y.
Susp a
Let. to Claim? 22 oct 34
4256
Act 7. June

Acts of July 14, 1862, and March 3, 1873.
1256
P. O. _____
James Green
Service: _____
REJECTED
Enlisted: _____, 18
Discharged: _____, 18
Application filed: _____, 18
Alleges: _____
Re-enlisted: _____
Attorney: _____
P. O. _____
_____ Recognized. _____ Contract
_____ Cert. of Dis. Searched for _____, 18