Revolutionary War Pension and Bounty Land Warrant Application File S 44423, Jonathan Hilyard, N.H.

SERVICE
NUMBER
B.H.
Hilyard, Jonathan
S 44423
CONTENTS

New Certificate issued 20 May 1835 and sent to Rev. U.S. For. Bands Portsmouth
See letter 2 Aug 1838 to W. H. H. Hackett. - do to Hon. J. A. Eastman H. R. Jan. 25. 1841 -
July 15/41. Letter from R. G. Orcutt rel. to reinst. ref. to And. N. M. O.
19.480 R
New Hampshire
Jonathan Helyard
of Alton in the State of N.H. who was a Private in the Company commanded by Captain Robinson of the regiment commanded by Colonel Reine in the N.H. line, for the term of from April 1780 to Feb y 1781
scribed on the Roll of New Hampshire at the rate of 8 Dollars per month, to commence on the 16 th of June 1825
Certificate of Pension issued the 8 th of July 1825 and Jennifer Dania Sale 3 rd Gilmanton, N.H.
Arrears to 4th of Semi-ann. all'ce ending 1 Sept 1825 $ 20
$ 90
{ Revolutionary claim, Acts March 18, 1818, and May 1, 1820. } 2
March 1. 1823
66

16,740 Jonathan Hilyard Strafford County Ingr. Gale NH
Daniel Gale 3c. Gilmanton N.H.

Sessions
To the Justices of the Court of Oyer and terminer now sitting at Rochester within and for the County of Strafford and State of New-Hampshire, on the first Tuesday of Decr.  January , 1821—
Jonathan Hilyard aged Sixty , resident in Alton in said County, comes into court, and in pursuance of an act of Congress passed on the 1st day of May, 1820, brings with him, and in his proper person exhibits to said Court a Schedule by him subscribed, containing his whole Estate and Income—his necessary clothing and bedding excepted—as follows:—
One pig & no other property
Jonathan Hilyard
And the said Jonathan Hilyard following oath by him duly taken and subscribed—viz.
in pursuance as aforesaid produceth to said Court the
Jonathan Hilyard do solemnly swear that I was a resident citizen of the United States on the 18th day of March, 1818, and that I have not, since that time, by gift, sale, or in any manner, disposed of my property, or any part thereof, with intent thereby so to diminish it as to bring myself within the provisions of an act of Congress, entitled "an act to provide for certain persons engaged in the land and naval service of the United States in the revolutionary war," passed on the 18th day of March, 1818; and that I have not, nor has any person in trust for me, any property or securities, contracts or debts due to me, nor have I any income other than what is contained in the schedule hereto annexed and by me subscribed.
Jonathan Hilyard
And the said Hilyard swear as follows, viz.
doth here in Court further declare on oath, that he served in the revolutionary
he enlisted in Capt Caleb Robinson Company Col d  Reeds Regiment New Hampshire line in April 1780 for one year but was discharged in February 1781 on Fishkill mountains — that he has lost his discharge.

That the date of his original declaration in order to obtain a pension is the  18th  day of  April  1818  the  18th  day of  April  1818 his petition certifies that his occupation is that of a Farmer, very lame & infirm unable to labour but little. — That the number and names of his family residing with him, and their ages and capacities to contribute to their support, are as follows, viz. his wife Susanna aged 48 years healthy and able to labour Son Jonathan aged 5 years —
Wherefore he prays the opinion of the said Court as to the value of the property contained in the said schedule, and that the same, together with a copy of the premises, be duly certified to the Secretary of War.
Sworn and declared before the said court the third
day of January 1821.
Jonathan Hilyard
Attest, A. Peirce , CLERK.
STATE OF NEW-HAMPSHIRE.....STRAFFORD ss. At a Court of Common Pleas  Lessons holden at Rochester within and for the County of Strafford and State of New-Hampshire, on the third day of Jan'y. 1821 before
DANIEL M. DURELL, Esquire, Chief Justice, and
VALENTINE SMITH, and SAMUEL QUARLES,
} Associate Justices of said Court
Daniel Gale 3 d  John Wheeler Esq r
The aforesaid schedule and oath and the above declaration duly subscribed and sworn by the said Jonathan Hilyard having been by him exhibited in person, and presented to the court, and the same being seen and considered, it is the opinion of said Court that the value of the property contained in said schedule is one dollar fifty cents. Wherefore the Court order that a copy of the premises, together with the proceedings thereon, be duly certified to the Secretary of War.
Attest, A. Peirce , CLERK.
STATE OF NEW-HAMPSHIRE.....STRAFFORD ss. I, Andrew Peirce , Clerk of the Court of Common Pleas  Lessons within and for the County of Strafford, being a court of record, do certify that the foregoing schedule and oath and the declaration annexed, with the proceedings and opinion of the court thereon, are true copies from the Records and files of said court.
In testimony whereof I have hereunto set my hand, and affixed the seal of the said Court, the third day of January 1821.
A. Peirce , CLERK.

Conn Jan 23. 1841
J. M. Hilyard M.A. M.A. 1816
J. Brown Esq. Rev. Purdie Washington H. J. A. Eastman W. D.

Washington January 22 d 1841
Sir,
A week or two since I had some conversation with you about the pension certificate of Jonathan Hilyard of New Hampshire, pensioned under the acts of 1818 & 1820.
It seems that he made a declaration under the act of 1818; but before his case was decided upon, the act of 1820 was passed, so that he was obliged to make another declaration under that act. Hilyard was very poor to my own knowledge and it appears that the proof in the case was not completed till the 4 th September 1823, being the date of Dan Woodman's affidavit. The certificate of the person being a magistrate who administered the oaths on Woodman's deposition is dated November 28 th 1823. But the certificate of the clerk of the Court on Benjamin Page's deposition is not dated till June 16 th 1825 although the deposition was made & sworn to December 29 th 1820 and his pension commenced on said 16 th of June 1825.
Now what strikes me is this, that his pension should have commenced on the 4 th September

1823 or at all events on the 28 th November 1823. The proof was then completed and the want of the certificate to the official character of the magistrate on Page's deposition is matter of form and ought not to deprive the claimant of near two years pen- sion - Page's affidavit was taken in Decr 1820, at a time when the certifying of papers was little understood and when those rigid rules which the department found afterwards necessary to enforce did not exist. Consequently the omission was very natural. It certainly appears to me that it requires no very liberal construction of the law to say that this pension should commence in 1823, and I trust that you may so decide it.
I would not be thus urgent, but Helyard the pensioner is dead and has left an aged & very poor widow who was married to him a little too late to obtain a pension herself. If she can obtain this money she gets a support for two or three years; but if not, she goes to the poor house at once -
I will only add, that I have not a farthing's interest in the result. My sole object is, to obtain that which I believe to be honestly due & to save a poor old lady from immediate want & suffering -
J. S. Edwards Esq Commr. Pensions
Very respectfully Your ob. Servt.
J. A. Eastman

Gilmanston Strafford County, State of New Hampshire June 14 th 1825
Sir,
I herewith transmit to you the declaration of Jonathan Hilliard (now of Gilmanston) for a pension accompanied with the affidavits of Benjamin Page and Dan r . Woodman — It is requested that you return an answer to me for the applicant as soon as may be —
I am Respectfully, Yr Obed t & Humble Serv t
Daniel Gale 3 rd
Hon James Buchanan Secy of War Washington City —

Can Aug 1. for Hilliard
M.H. 250
Mrs. J. Edwards
Home of Pension
Washington D.C.
See

Palmouth N. H. July 27. 1838
Genl. S. Edwards Esq
Dear
Mr Jonathan Killiam of Gilmanton in this State, a Revolutionary Pensioner, has requested me to call your attention to the Pension allowed him.
He, states that his pension commenced on the 4th of September 1825, that he made application to be inscribed on the pension list under the act of 18th March 1818 and soon after that act became a law, that pending that application, a new law was passed which modified the act under which he first applied, and subsequently the provisions of the first act were restored, and that his application under the last law was successful. He is informed by some

persons who were in the Army with him that their claims, situated as he represents his to be, have been allowed by the Department from the date of the first appli- cation to the time they were actually placed on the list.
You will find from the first set of papers supporting Mr Stillmans claim that his application was suspended for further evidence, while he was making his search, the law was amended. As the testimony which he subsequently obtained proves that he was entitled to a Pension and that his application would then have succeeded but for the modi- fication of the law, he supposes that under the restoring act and the rules and construction of your department he is en- titled to the $8. per month from the date of the first appli- cation to Sept 4. 1825.
Will you inform me if under the construction of the at Department Mr Stillmans claim is admissible if any other proof than the file affords are wanted?
I am Your obed Servt
W. H. G. Hackett

War Department, REVOLUTIONARY CLAIM.
I CERTIFY that, in conformity with the Law of the United States, of the 18th of March, 1818, May 1 st 1820 & March 13 1823.
Jonathan Hilyard late a Private in the Army of the Revolution, is inscribed on the Pension List, Roll of the New Hampshire Agency, at the rate of eight dollars per month, to com- mence on the 16th day of June one thousand eight hundred and twenty five.
Given at the War Office of the United States, this eighth day of
July one thousand eight hundred and twenty five.

44 423 INVALID.
Key
File No. 44 423
Jonathan Hilgard Priv Rev War
Act: 12 th March 1818 to 1 st May 1820
Index: —Vol. 3 , Page 228
[Arrangement of 1870.]

I Dan Woodman of Durham in the State of New Hampshire testify and say, that I enlisted into the service of the United States in the month of June 1977 for three years and never left the Army until the expiration of the said three years - and further say, that I was well acquainted with Jonathan Hilliard who enlisted into the Company, commanded by Capt. Robinson, and the Regiment commanded by Col. George Reed, in the month of April 1980, for the term of twelve months, but was discharged in the month of February following, at a place - called soldiers fortune in the State of New York - And further testify the cause of my knowing when said Hilliard was discharged, that on the last of June 1980, I left the Army, and went to the State of Connecticut and tarried until the next winter, when the Army was that I had left and tarried there several days and saw said Hilliard in said service as aforesaid and was knowing, at that time while I was present that said Hilliard had his discharge as aforesaid - present as witnesses
Daniel Gale 3d Jacob Hatch
Dan his X Woodman mark
On this fourth day of September one thousand eight hundred and twenty three subscribed and sworn to before me.
Daniel Gale 3d Jno Pease
I hereby certify the above named Dan Woodman is a credible witness.
Daniel Gale 3d Jno Pease
And further say that the said Dan Woodman is not interested in the pension claim of the aforesaid Jonathan Hilliard -
Daniel Gale 3d Jno Pease

State of New Hampshire
Stratford ss. I Andrew Peirce, Clerk of the Superior Court of Judicature for said County of Stratford. Do certify that Daniel Gale Esq. whose signature is affixed to the within document, is a Justice of the Peace within & for said County, acting under the authority of said State - In witness whereof I have hereunto set my hand and affixed the seal of said Court this 28th day of November A.D. 1823. A. Peirce, Clerk.

I Benjamin Page of Lawful age depose and testify that I knew the Jonathan Hilliard was in Capt. Caleb Robinson's company com- manded by Col. George Reed, and I know that he joined the Army sometime in the month of April in the year 1780. at West Point, he served one year and was discharged in the year 1781. He shewed me his discharge after he returned to Hamptonfalls. and further saith not.
Benj Page
Rockingham } State of New Hampshire. Nov. 9 th 1820.
Then the above named Benjamin Page personally appearing made solemn affirma- tion that the above affidavit by him subscribed is just and true.
Eben. Sam Justin Page Rockingham ss (Dec. 29) A.D. 1820
I hereby certify that the above named Benjamin Page would be considered by me a credible witness as to the facts and should have full confidence in his testimony in any cause where he might be a witness - And further say that that the said Benjamin Page is not interested in the Pension claim of the aforesaid Jonathan Hilliard.
John Shaw Justice Peace

State of New Hampshire
To whom it may concern.
Be it known that John Shaw within named was on the 29 th day of December A. D. 1820 a Justice of the Peace within and for our County of Rockingham duly commissioned and sworn and that to his official acts and attestations as such Justice of the Peace shall be given in and out of Court, within and out of the State. In Testimony whereof I have hereunto
In Testimony whereof I have hereunto subscribed my name and affixed the public Seal of said State this sixteenth day of June A.D. 1825
Richard B. Buel Secretary