Revolutionary War Pension and Bounty Land Warrant Application File S. 23675, Ebenezer Hathaway, Conn.

SERVICE
NUMBER _____
Kathaway, Ebenezer
S. 23675
CONTENTS

New York 24/28
Ebenezer Hathaway in the State of
He was a 2d Lieut in the Com d commanded by Captain Heall of the reg t commanded by Col Sedgwick in the Connec t icut line for 8 months & 17 days previous to 1 month Sergeant
Inscribed on the Roll of New York at the rate of 33 Dollars 56 Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 4 day of Sept r 1831 and to Claimant
Arrears to the 4th of March 90.68 Pension allowance ending Sept r 16.73 $107.41
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by Danl Boyd Clerk, Book 62 Vol. 4 Page 30

Ebenezer Hathaway Pension paper N.Y.
If papers are defective or further proof wanted address Ed. C. Reed at present at Washington Dec. 7 5. 1832. H. Adm. of Reps.
Adm. D. 8 mo 17. ds per 1 — — Sergt.

Ebenezer Hathaway
Pension Declaration

State of New York
Cayuga County } ss On this fifth day of December A.D. 1832 personally appeared in open Court before the Circuit Judge of the Seventh Circuit of the State of New York at the Court House in the town of Auburn in said County at the Circuit Court now sitting Ebenezer Hathaway a resident of the town of Summer Hill in the County of Cayuga a State of New York aged 75 years in February 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. 1832. That he was born in the town of Suffield County of Hartford & State of Connec- ticut on the 25 th day of Feb y 1757 as appears by a record of his parents age which he has at home in a bible which was copied from the record contained in a bible belonging to his parents. That in the year 1775 as he thinks at all events in the same year in which Fort Ticonderoga at New London Connecticut was erected this deponent was living at Suffield aforesaid & in the early part of the Summer as he thinks he enlisted into the service of the United States as a common soldier for the term of six months into the company commanded by Capt. Samuel Hale in the Regiment commanded either by Col. Wobcott or Col. Sedgwick in the Connecticut State service. This deponent immediately after his enlist- ment was marched to New London where he with the rest of Hale's Company & other troops were employ- ed in building Fort Ticonderoga & remained at that place until his enlistment expired having served out the full period of six months. This deponent with the rest of Hale's company were all dismissed at the same time & he has no recollection of having received a written discharge at that time

or at the expiration of any of his other terms of service — That this Deponent in the summer of 1776 was drafted into the United States service while living at Suffield & was placed in Capt. Burbanks Company, Roger Newberry was Major & had the command as he thinks of the Regiment. Deponent was immediately marched to New York City & remained there a week or fortnight when the retreat of the American troops from Long Island took place & Deponent was ordered with the rest of the troops to White Plains & the City given up to the British. Deponent saw Genl. Washington at White Plains it was the first time deponent ever saw him. About three weeks after deponent went to White Plains Burbanks company were all discharged & deponent went home. Burbanks himself never went to New York he started with the company & not as far as New Haven when he pretended to be sick (it was probably tory sickness) & went back home & Lieut. Moses Howe and Lieut. Danlow took the command of the company & kept it until the deponent was discharged.
The next period of deponents service was in the fall of the year 1777. Deponent was then drafted at Suffield aforesaid into Captain Pomeroy's Company, Col. Willis commanded the Regiment. Deponent was first marched to Fishkill in New York & from thence to Poughkeepsie during this period of service Esopus was burnt by the British. Deponent was on the opposite side of the river at the time & saw the town whilst it was in flames. Genl. Putnam commanded the troops with which deponent was engaged the object of the troops was to prevent the British from coming up the North River & joining Genl. Burgoyne. Deponent during this campaign was kept almost continually on the march & he served as he believes a period of about five weeks when news arrived that Genl. Burgoyne was captured.

ed - Deponent & Pomeroy's whole company were discharged immediately after the news of Burgoyne's capture - Deponent recollects of Col. Brig  Col. Miller sitting up one whole night with Col. Miller as a Sentry in the Swamp expecting every moment the enemy would attack us - the Countersign that night was Hasty pudding - Twice the company In the spring of the year 1778 deponent was again while living at Suffield drafted into the United States service in the company commanded by Capt. Josiah King & served about 5 or 6 weeks during this service Deponent had a Sergeant's warrant & acted as a Sergeant the warrant is now lost - During this last service Col. Roger Newbury commanded the Regiment deponent was ordered to New London & was employed in building a Fort in the back part of the town which we soldiers called Fort Nonpareil - While going from Suffield to New London five soldiers belonging to deponent's Company were drowned by the upsetting of the boat in which they were - they were going on board of the vessel in which they came down the river they had stopped at Moody's Landing & the vessel lay in the stream opposite the landing - Col. Sedgwick was present at New London & helped lay out the land for the Fort which deponent worked upon while he remained at New London - Deponent was then discharged & went home & a few days after he got home he hired a substitute to serve during the war & paid $300 for him - The substitute was James Mills - Mills had been previously hired by Thos. Phelps & the contract or agreement was transferable - Phelps assigned the contract to this deponent for the said $300 by endorsing the same & the said contract & also Col. Putnam's certificate is hereto annexed - This deponent did not afterwards  again serve any more in the army after

revolution - The whole of deponents services amount as near as he can now recollect to ten months actual service in the Army - That he has no documentary evidence of his said services & that he knows of no person whose testimony he can procure who can testify to his services - He hereby relinquishes every claim whatever to a pension or annuity except the present & declares that his name is not on the Pension Roll of the agency of any State - Sworn to & subscribed the day & year aforesaid in open Court before me.
W. S. Myers Clerk
Ebenezer Hathaway
We David Bennie & Anthony Jenks residing in the town of Summer Hill & County of Cayuga hereby certify that we are well acquainted with Ebenezer Hathaway who has subscribed & sworn to the above declaration that we believe him to be Seventy five years of age - that he is respected & 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 & year aforesaid -
And the said Court do hereby declare their opinion, after the investigation of the matter, & after putting the interrogations prescribed by the War Department, that the above named applicant was a revolutionary soldier & served as he states. And the court further certifies that it appears to him that Anthony Jenks & David Bennie of Summer Hill in said County of Cayuga who have signed the annexed certificate are residents of the said town of Summer Hill in said County of Cayuga & are both of them credible persons & that their statements are entitled to credit.
And that their statements are entitled to belief.

And that their Statements are entitled to credit
Cayuga County ss. Leonard O. Atkin of Seneca in said County being duly sworn says that he is now & has been for many years past well acquainted with David Bennie and Anthony Lentz who subscribed the annexed Certificate that they both are credible persons residing in the town of Summerhill in said County & that their statements are entitled to credit. & deponent further says that the said David Bennie is a practicing Physician residing in said town of Summerhill at a distance of about twenty six Miles from the Court House in Auburn in & for said County & this deponent believes that his attendance at the present sittings of said Circuit Court in & for said County could not be procured without great trouble & expense to said Ebenezer Hathaway & to said David Bennie & inconvenience to his patients. & also that said Anthony Lentz is an aged man, about the age of 80 years & deponent believes residing in said town of Summerhill at a distance of about 30 Miles from the Court House in said County & that his attendance at the present Circuit Court could not be procured without great trouble & expense to the said Ebenezer Hathaway & further says not
Subscribed & sworn to in open Court the 5th day of December 1832 before me W. S. Myers Clerk
Leonard O. Atkin
I Michael S. Myers Clerk of the Circuit Court now sitting in & for the County of Cayuga do hereby certify that the foregoing contains the Original proceedings of the said Court in the matter of the Application of Ebenezer Hathaway for a pension & that Sir Walter before the annexed Certificate was taken is an Justice of the Peace in & for said County of Cayuga duly commissioned & sworn & that the signature annexed to said Certificate is his genuine signature. In testimony whereof I have hereunto set my hand & the Seal of said County of

Given the sixth day of December in the year of our Lord one thousand eight hundred & thirty two W. S. Myles. Clerk
Ebenezer Hathaway Pension Declaration
Residing in the town of Pennerskill in said County, do hereby certify that we are well acquainted with Ebenezer Hathaway residing in the same place. That we

Cayuga County ss. - We Anthony Jenkins and David Bennie residing in the town of Summerhill in said County. do hereby certify that we are well acquainted with Ebenezer Hathaway residing in the same place. that we believe him to be seventy five years of age, that he is respected and believed in the neighbourhood where he resides, to have been a soldier of the revolution, and that we concur in that opinion.
Sworn to and subscribed this 3 d day of December 1892 before me Levi Walker Justice of the peace
Anthony Jenkins David Bennie

Ebenezer Hathaway is aff'd NY avms 32
State of New-York, ss. Cayuga County.
H. C. Asin

Know all Men by these Presents, That, I Ebenezer Hathaway 2 d of the town of Seneca Falls Cayuga County N.Y. do hereby consti- tute and appoint Geo. C. Ames Esq. of Washington D.C. my true and lawful attorney for me and in my name to prosecute the claim of Ebenezer Hathaway lot of Seneca Falls aforesaid as heir of the said Ebenezer Hathaway (deceased)
and I hereby authorize my said agent and attorney to examine all the papers and documents in relation to said claim on file in the Departments at Washington City, or elsewhere, to file additional evidence or arguments, and to receive the certificate that may be issued for said claim, to appoint one or more substitute for the purpose herein expressed, to do all things that I might or could do were I personally present; hereby ratifying and confirming all that my said agent and attorney shall lawfully do in the premises.
And I do hereby revoke all other agents and attorneys heretofore appointed by me.
Witness my hand and seal this first day of April 1856
Signed and delivered in presence of
Ebenezer Hathaway 2 d
Aaron Murphy
S. Walcutt
State of New-York, } ss. Cayuga County.
BE IT KNOWN that on the first day of April 1856 before the subscriber a Notary Public in and for said county, duly authorized by law to administer oaths,, personally appeared Ebenezer Hathaway 2 d above named, and acknowledged the foregoing Power of Attorney to be his act and deed.
State of New-York, } ss. Cayuga County Clerk's Office,
I, EDWIN B. MARVIN, Clerk of the County of Cayuga and of the Courts of Record thereof do hereby certify, that Aaron Murphy Esq., was at the time of taking the annexed affidavit, a Notary Public in and for said County, and duly authorized to take the same; that I am well acquainted with his hand writing, and verily believe his signature to the foregoing Jurat is genuine.
Witness my hand and seal of said county, this 7 day of April 1856
E B Marvin
CLERK.

Know all Men by these Presents, That, I Ebenezer Hathaway 2 d of the town of Savanna Hill Cayuga County N.Y. do hereby consti- tute and appoint Geo. C. Ames Esq. of Washington D.C. my true and lawful attorney for me and in my name to prosecute the claim of Ebenezer Hathaway late of Savanna Hill aforesaid as heir of the said Ebenezer Hathaway (deceased)
and I hereby authorize my said agent and attorney to examine all the papers and doc- uments in relation to said claim on file in the Departments at Washington City, or else- where, to file additional evidence or arguments, and to receive the certificate that may be issu- ed for said claim, to appoint one or more substitute for the purpose herein expressed, to do all things that I might or could do were I personally present; hereby ratifying and confirming all that my said agent and attorney shall lawfully do in the premises.
And I do hereby revoke all other agents and attorneys heretofore appointed by me.
Witness my hand and seal this first day of April 1856
Signed and delivered } in presence of }
Ebenezer Hathaway 2 d
Aaron Murphy
S. Matthews
State of New-York, } ss. Cayuga County, }
BE IT KNOWN that on the first day of April 1856 before the subscri- ber a Notary Public in and for said county, duly authorized by law to administer oaths,, personally appeared Ebenezer Hathaway 2 d above named, and acknowledged the foregoing Power of Attorney to be his act and deed.
IN TESTIMONY WHEREOF, I have hereunto set my hand the day and year last above mentioned.
Aaron Murphy } Notary Public

40 Hous State of New-York. } ss. Cayuga County, }
Be it known that on this first day of April 1856 before the subscriber a Justice of the Peace  Notary Public in and for the county, and state aforesaid, personally appeared Ebenezer Hathaway 2 d of Sumner Hill county of Cayuga and state of New York and made oath in due form of law that he is son and heir of Ebenezer Hathaway late of Sumner Hill aforesaid (deceased) . — That his said father was a pensioner of the United States at the rate of $28. 50 per annum bill on account of his said services as privat & serg & that he made claim for a full pension
That he has lately been informed, that said pension ought to be allowed, that he is directly interested in said claim as heir . That he makes this affidavit, to be filed with such additional evidence or arguments as my said agent or attorney may use in prosecuting said claim.
Sworn and subscribed the day } and year aforesaid before me, }
Aaron Murphy Notary Public
Ebenezer Hathaway 2 d
I Aaron Murphy  Notary Public Justice of the Peace , in and for said coun- ty, do hereby certify, that Ebenezer Hathaway 2 d who executed the foregoing papers, is a reputable resident of the county of Cayuga and is I believe directly interested in said claim as therein set forth.
Aaron Murphy Notary Public

28461
Edwynn Hathaway
a e m
Hon E. C. Reed

WAR DEPARTMENT,
Pension Office.
Nov. 23. '33
Sir:
The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in a tabular form. On comparing these papers with the following rules, and the subjjoined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will shew what is necessary to be done. Those points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus: { ). You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your claim.
A Statement, shewing the Service of Ebenezer Hathaway
   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.     enlisted Col Wolcott 75 years   1775 6 Dr Lieut Genl Connecticut   enlisted Capt Hale   1776 not stated " { Genl Burbank Maj. Washburn   1777 1 5 " Col. Wright   1778 not stated Sergt Capt Pomeroy King  
I am, respectfully,
Your obedient servant,
JAMES L. EDWARDS,
Commissioner of Pensions.

REGULATIONS UNDER THE ACT OF JUNE 7, 1832.
The following regulations have been adopted:
This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army, and to include under the terms "Continental Line," "State troops," "militia," and "volunteers," all persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, &c., Teamsters, Boatmen, &c. Persons who served on board of private armed vessels are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service.
Four general classes of cases are embraced in this law:
 1. The Regular Troops.  2. The State Troops, Militia, and Volunteers.  3. Persons employed in the Naval Service.  4. Indian Spies. 
As rolls of the regular troops in the Revolutionary War exist in this Department, all persons claiming the benefit of this law as officers, non-commissioned officers, musicians or privates, will, in the first instance, make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides. And every Court having by law a seal and Clerk is considered a Court of Record.
DECLARATION,
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
State, Territory, or District of } ss. County of } On this            day of            personally appeared (a) before A. B. a resident (b) of            in the county of            and State, Territory or District of            aged (c)            years, who being first duly sworn, according to law, doth on his oath make the following declaration, in order to obtain the benefit of the provision made by the act of Congress, passed June 7th, 1832. That he enlisted in the Army of the United States in the year (d)            , with            and served in the            (e) regiment of the            line, under the following named officers:
[Here set forth the names and rank of the Field and Company Officers; the time he left the service; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers;) the town or county and State in which he resided when he entered the service; the battles, if any, in which he was engaged, and the country through which he marched. [This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.]
He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of
Sworn to and subscribed the day and year aforesaid.
A. B.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states.
I            of the Court of do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of            for a pension.
In testimony whereof, I have hereunto set my hand and seal of office (i) this day of            &c.
If, on examination of the proper record, the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out.
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz:
(k) We, A. B., a Clergyman, residing in the            and C. D. residing in (the same)            , 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

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.

Hathaway, Ebenezer Conn S 23675
which John for me Mill
James Phelps

Gifts bill June 16 th 1870
This may certify that James Mills was Provided to enlist into my Regt. during the war by the Phil and is to leave in the Prison of any person said Phelps shall hereafter contract with for that purpose J. P. Putnam Col.

Hotham, F. Bremer Conn Sept 15
Daniel Johnson James Mills
Thomas Phelps

Fishkill June 16 th 1868
This may Certify that James Mill of Springfield 17 years of age 5 feet 4 inches High Light Complexion
Hair Brown Eyes Brown has this day enlisted himself a Soldier during the war in the Regt. under my 14 Command and any Country Must be Master to whom he may apply and desired to must and pay him the State Bounty
R. Putnam Col

24728 New York
Ebenezer Hathaway Layngsd Co in the State of New York was a Pr. & Sgt d in the Company commanded Captain Hall of the Reg t commanded Col Vedyard in the Connecticut Apr 8 Mo. 17 days private 1 month Sergeant -
scribed on the Roll of New York the rate of 28 Dollars 53 Cents per annum, commence on the 14th day of March, 1831.
ertificate of Pension issued the 1 day of May 1834 and sent to E.C. Reed Homer N.Y.
arrears to the 14th of Mar '34 $85.59 Pension allowance ending 4 Sep '34 14.26 $99.85
{ Revolutionary Claim, } { Act June 7, 1832. }
recorded by Mr. Cromwell Clerk, book E Vol. 4 Page 112
Entitled to $99.56 p. an. Set. J. Fleming 5 aug. '34 Claimt. 6 aug. "

Exhibitions
23675
INVALID.
File No. 23675
Ebenezer Hathaway Sergt Rev War
Act: June 7 th 32 nd
Index: —Vol. 9 , Page 165
[Arrangement of 1870.]
Oct. 9-1903—His Miss Jessie L. Cleve Wichita, Kas,

43675
3-068. (Old No. 3-649.)
Bureau of Pensions
Ebenezer Hathaway
Dec 5 1832 - 75
Sumnerhill Cayuga Co NY
Born Feb 25 1757 Buffalo Co
75 yrs Suffield Conn
Capt Samuel Hale
Col Wolcott
Died 6 mo
76 Capt. Burbank
Maj. Derby 6 wks
Died 1 mo
Fall 77 Capt. Rowley
Col. Wyllys
Died 5 wks
Spt 79 Capt. Francis King
Col. Roger Derby
Sgt 5 wks 7 mo
No Bat

out 1203 N. Market St., Wichita, Kansas, Sept. 21, 1903.
Pension Department,
Washington, D.C.:-
I wish to obtain the record of Ebenezer Hathaway, who fought through the Revolutionary War , having been a sergeant, and drawn a pension. He was born in Suffield, Conn. in 1757, and died in 1844. I wish to join the "Daughters of the American Revolution", as this man was my great-grandfather. If you will send me the necessary information, I shall be very greatly obliged to you.
Yours very truly,
(Miss) Jessie L. Clark.

Spencer new Certificate for $33.56
N.Y. Aug. Ebenezer Hathaway Certificate
for
J. L. Edwards Esq. Pension Office Washington

Homer Aug 25 1834
Sir
Mr Ebenizer Hathaway called on me today & shewed me a line from you requesting him to return his Pension Certificate to you in order that an error in the computation of time might be corrected. I accordingly enclose it. When corrected be good enough to return it to my address.
Yours respectfully
Edward C. Reed
J. L. Edwards Esq
Homer Cortland Co N.Y.

Payments to be made at New York by the Presd. Mech rs BK Agent for paying Pension- ers, in the Agency of
New York
Recorded in the Pension Of- fice, in Book E Vol. 4
Page 112 by Geo Cromwell Clerk.

WAR DEPARTMENT.
REVOLUTIONARY CLAIM.
I certify that, in conformity with the law of the United States of the 7th June, 1832, Ebenezer Hathaway of the State of New York _____ who was a private and Sergeant in the Revolutionary Army. _____ is entitled to receive _____ Twenty-eight dollars and Fifty-three cents per annum, during his natural life, commencing on the 4th of March, 1831, and payable semi-annually on the 4th of March, and 4th of September in every year.
Given at the War Office of the United States, this 6 th day of May, one thousand eight hundred and thirty-four.
L. W. Chap Secretary of War.
Examined and Countersigned. }
J. L. Edwards Commissioner of Pensions.

Ebenezer Hathaways Pension papers
after he made out a new
The old papers & letter of Edwards line with returned to Pension Office
Address E. C. Reed Homer Cortland Co N. Y.

Declaration
In order to obtain the benefit of the act of Congress of the 7 th of June 1832.
State of New York Cayuga County S s
On this twenty first day of January A.D. 1834 personally appeared Ebenezer Hathaway in open Court to wit in the Court of Common Pleas of the County of Cayuga & State of New York the said Ebenezer Hathaway being a resident of the town of Summer Hill in the said County of Cayuga & State of New York aged 75 years on the 25 th day of February last past who being first duly sworn according to law doth on his oath make the following declaration in order to obtain the provision made by the act of Congress passed June 7. 1832 - That he was born on the 25 th day of February A.D. 1757 at the town of Suffield in the County of Hartford & State of Connecticut That he has a record of his age taken originally from his Fathers bible & that he has the record now here in Court That he was living when first called into the service in the said town of Suffield in Connecticut, & that he continued to live there ever since until the year 1813 when he moved to Hartford County Connecticut Northford in Vermont where he lived six years when he moved to Granby in the State of Connecticut where he lived four years when he moved in 1823 to Summer Hill where he has ever since resided - that he entered the service the first time by enlistment - the second time he was drafted - the third time he was drafted & the fourth & last also that he entered the service he was drafted - Deponent recollects some of the officers of the Regular Service who were occasionally with the troops when deponent served to wit Gen l Putnam, Col s Willis &c - The Continental & Militia Regiments does not recollect distinctly so as to name any one except the Regiment in which he served to wit Col s Woolcott or Sedgwick, Col s Willis, & Maj s Newburys - That he never received any written discharge at any time from the service - That Deacon John Rollo & Deacon John Adams who are his neighbors are well acquainted with him & can testify as to deponents character for veracity &c - That he has not procured the attens

ance of a clergyman then being none in his vicinity that he can obtain the attendance of at this court
That in the month of May the particular day he cannot state from loss of memory in the year 1775 he enlisted into the service of the United States at Suffield in Connecticut into the company commanded by Capt d Samuel Hale in the Reg t commanded by Col d Moseley or Col d Sedgwick in the Connecticut State troops for the term of six months & was marched shortly after his enlistment - to New London & employed in building Fort Trumbull where he remained until some time in the month of November 1775 when he was discharged after having served out his full term of six months .
That in the month of August 1776 this deponent while living at Suffield in Connecticut was drafted into the United States Service in Capt. Burbanks Company Roger Newbury was Major & had the command of the Regiment it was a Militia regiment of the State of Connecticut - deponent was marched to New York City remained there a week or fortnight & was then ordered to White Plains where he saw Gen l Washington & deponent remained at White Plains three weeks when he was discharged by Lieut d Moses Rowe of Capt. Burbanks Company the Capt. having previously left the service & this deponent was discharged at White Plains in the month of September having served six weeks.
Deponent was again drafted into the United States Service while living at Suffield in the month of September  October 1777 into Capt. Isaac Pomeroy company Col d Willis commanded the Reg t John Kent was Adjutant. it was a Connecticut Militia Reg t Deponent was first marched to Fishkill, then to Poughkeepsie, Deponent says which out on this Campaign Esopus was burnt by the British. It was on the opposite side of the river at the time - Gen l Putnam commanded the American Troops at this time & our business was to prevent the British from going up the River to reinforce Burgoyne - As soon as

news arrived of the Capture of Burgoyne this deponent was discharged it being in the month of October 1777. & this deponent having served five weeks - In the month of April 1779 (this deponent stated it in his former declaration at 1778 but he is confident that it must have been in 1779 & that he was mistaken before) this deponent while living at Suffield aforesaid was again drafted into the United States service in the Company commanded by Capt. King in Col s Newbury Reg t of Connecticut Militia was ordered to New London & was employed in building a Fort recknamed Fort Mon- sieur - Col Sedgwick was present & helped lay out the land for the Fort - deponent during this service had a Ser- geants warrant & acted all the time as a Sergeant - till he was discharged, which was in the month of May 1779 having served just one month - the Sergeants warrant which deponent received he has lost - In all of Deponents services except the last he served as a private - Immediately after deponent returned home he hired a substitute for during the war the certificate of which is attached to his former decla- ration - This deponent would further state that he has no documentary evidence of his said services & that he has not yet been able to procure the testimony of any witness who is acquainted with his said services - that this deponent from the loss of memory is unable to state the day of the month when his said services commenced, nor the day of the month when they terminated & he has therefore made an affidavit of those facts at the close of this declaration by itself according to the instructions in the Circular under Note E -
And he hereby relinquishes every claim whatever to a Pension or an annuity except the present & he declares that his name is not on the Pension Roll of any Agency in any state -
Ques. 1 st - When and in what year were you born?
Ans. On the 25 th day of February 1757 at the town of Suffield in the County of Hartford & State of Connecticut -

Ques 2 nd Have you any Record of your age & if so where is it -?
Ans. I have a record of my age, & have it here in court.
Ques. 3 rd Where were you living when called into the service, Where have you lived since the Revolutionary war & where do you now live -
Ans - I was living in the town of Suffield County of Hartford & State of Connecticut when called into the service I lived there til the year 1813 then moved to Hartland in Hartford County Connecticut  Hartford County Connecticut & lived there six years from thence moved to Granby in Connecticut where I lived four years & then moved to Summer Hill Cayuga County New York where I have lived ever since -
Ques. 4 th - How were you called into service were you drafted, did you volunteer, or were you a substitute? and if a substitute for whom?
Ans - The first time I was was called into the service I enlisted - the three last times I was drafted I never served as a substitute
Ques. 5 th State the names of some of the Regular Officers who were with the troops when you served, such Continental & Militia Regiments as you can recollect & the general circumstances of your services -
Ans - Genl Putnam, Col Willis - I never served in it  in it or had but little acquaintance with the Continental Regiments & the only Militia Reg ts which I know recollect are the ones in which I served which I think was called the 1 st Reg t - My services were called for generally upon the spur of the moment & when the immediate danger was over I was discharged -
Ques. 6 th Did you ever receive a discharge from the service & if so by whom was it given & what has become of it -
Ans - I never received a written discharge from the service at any time -
Ques 7 th - State the names of Persons to whom you are known in your present neighborhood

and who can testify to your character for veracity & their belief of your services as a soldier of the Revolution
Ans. Deacon John Rollo & Deacon John Adams.
Sworn to & subscribed } Ebenezer Hathaway the day & year aforesaid } King Juber Judge
We John Rollo & John Adams residing in the town of Summer Hill & County of Cayuga & State of New York hereby certify that we are well acquainted with Ebenezer Hathaway who has subscribed & sworn to the above declaration that we believe him to be 75 years old 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 & year aforesaid } John Rollo King Juber Judge } John Adams
And the said Court do hereby declare their opinion after the investigation of the matter & after putting the interrogatories prescribed by the War Department that the above named applicant was a Revolutionary soldier & served as he states - And the Court further certifies that it appears to them that John Rollo & that John Adams who has also signed the same are residents of Summer Hill in the County of Cayuga & the State of New York & that they are both credible persons & that their statement is entitled to credit - Dated the day & year first above written -
King Juber Daniel Smith Gardner Moore
Judges of Cayuga County Court -

Cayuga County ss I Michael G. Myers Clerk of the Court of Common Pleas of the County of Cayuga do hereby cer- tify that the foregoing contains the original proceedings of the said Court in the matter of the application of Ebenezer Hathaway for a Pension.
I do also further certify as Clerk of the County of Cayu- ga that Levi Walker whose name appears to the affidavit below was on the day of the date thereof an acting Justice of the Peace of the County of Cayuga & that I am acquainted with his hand writing & verify the signature Levi Walk- er to be in his own proper hand writing. In testimony whereof I have hereunto set my hand & Seal of Office this twenty first day of January A.D. 1834.
M. G. Myers Clerk
State of New York Cayuga County ss Personally appeared be- fore me the undersigned a Justice of the Peace of the town of Summer Hill in the County & State aforesaid Ebenezer Hath- away the Pension applicant within mentioned who being duly sworn deposeth & saith that by reason of old age & the consequent loss of memory he cannot swear precisely positively as to the precise length of his service (the day of the month on which he entered & the day of the month when he was discharged in each of his said services he cannot state) but according to the best of his recollection he served not less than the periods mentioned below & in the follow- ing grades -
In 1775 from May til November a period of 6 months I served as a private
In 1776 from some time in August to some time in September a period of Six weeks I served as a Private
In 1777 from some time in September to some time in October I served Four weeks as a Private
In 1779 from some time in April to some time in May I served as a Sergeant  four weeks & for such services I claim a Pension
Subscribed & sworn this 28 18 th day of January 1834 before me
Ebenezer Hathaway
Levi Walker - Justice of the Peace