Revolutionary War Pension and Bounty Land Warrant Application File R. 4705, Samuel Hartwell, Conn.

SERVICE
Conn.
NUMBER _____
Hartwell Samuel
R. 4705
CONTENTS

Declaration
In order to obtain the benefit of the act of Congress passed June 7 th 1832.
State of Connecticut } County of Litchfield } July 30. 1832
On this 30 th day of July 1830 personally appeared in Open Court before me Daniel B. Brinsmade, Judge of probate within and for the district of Washington now sitting Samuel Hartwell a resident of Washington in said County of Litchfield aged 72 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 act of Congress passed June 7 th 1832.
That he entered the service of the United States under the following named officers and served as herein stated - viz, That in the fall of 1777 as he thinks in September he enlisted into a company of state troops raised in this state commanded by Capt Benjamin Bronson and marched from New Milford in said County where he then lived to Houseneck where he joined the regiment in which he performed a term of service of Eight Months at said Houseneck, and Fishkill on the Hudson river - That at the expiration of said Eight months he was discharged and returned home - That the regiment in

which he served was commanded by Colonel Samuel Canfield of New Milford aforesaid
That in the summer of 1779 he served a tour of three months as a Volunteer in a Company commanded by Capt. Amos Borthwick & in the regiment commanded by Col. John Mosely at Crumpond & Fishkill aforesaid.
That near the middle of July 1780 he again volunteered as a private soldier and performed a tour of duty for a period of three months at Fishkill aforesaid in a regiment commanded by Col. John Mosely in the company commanded by Capt. Benjamin Stone. That he has no documentary evidence other than is hereto appended, and that he knows of no person whose testimony he can procure, other than the affidavits hereto appended, by which he can establish the fact of his service. He hereby relinquishes every claim whatever to a pension or annuity except the present and declares that his name is not on the pension roll of the agency of any State . Samuel Hartwell.
Sworn to & Subscribed the day & Year aforesaid.
We Elazar Beecher a clergyman residing in the town of New-Milford & County aforesaid and Frederick J. Tamm of Washington in said County hereby certify that we are well acquainted with Samuel Hartwell who has subscribed and sworn to the above declaration that we believe him to be seventy two 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 - Sworn and subscribed the day and year aforesaid.
Eleazer Beecher Fred: J. Henry
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 Eleazer Beecher who has signed the preceding certifi- cate is a slavery resident in the town of New Milford in Connecticut and that Fred: J. Henry who has also signed the same is a resident in the town of Washington of Maryland and is a credible person and that their statement is entitled to credit.
Eleazer Beecher Fred: J. Henry
I Anthony Smith Clerk of the Court of Probate within for the district of Washington in the County of Litchfield State of Connecticut do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Samuel Hartwell for a pension.
In testimony whereof I have hereunto set my hand and seal of said office this 1 st day of August A.D. 1832.
Anthony Smith

I Sarah H. Merwin of New Milford in the county of Litchfield State of Connecticut depose and say, that In the Year 1780 Samuel Hartwell then of said New Milford volunteered as a private soldier for a term of three months in a regiment commanded by Col. John Moseley in a Company commanded by Capt. Benjamin Stone & served said period of three months at Fishkill on the Hudson river. I think he went away about the middle of July & returned about the middle of October in the same Year. And further this deponent says not. Sarah H. Merwin
State of Connecticut } County of Litchfield ss } July 28. 1832
Personally appeared Sarah H. Merwin known to me as a credible witness; the signer of the foregoing affidavit & made solemn oath to the truth of the facts therein stated before me
J. D. Dey

State of Connecticut Hartford County
July 28 th 1832
Known to me as a credible witness Personally appeared Sarah H. Merwin, the signer of the foregoing affidavit and made solemn oath to the truth of the facts therein stated before me -
Fred: J. Denny J. P. Pease

Nathan
I Botsford Buckingham of New Milford Litchfield County State of Connecticut depose and say that in the Year 1777 Samuel Hartwell then of said New Milford enlisted into a regiment of Connecticut State troops commanded by Colonel Samuel Canfield in a Company commanded by Captain Benjamin Boonson and served said period of eight months in said regiment at Haverbrook & Fishkill in the state of New York. I think said Hartwell enlisted in the fall of 1777 and was discharged the following spring - and further this deponent says not. I further depose & say that in the Year 1779 said Hartwell served as a soldier a term of three months at Green Pond & Fishkill in a regiment commanded by Col. John Moseley and in the company commanded by Capt. Amos Bostwick. During this last mentioned term of duty said Hartwell served as a volunteer and further this deponent says not -
Nathan B Buckingham
State of Connecticut } County of Litchfield } July 28. 1832.
Personally appeared Nathan B Buckingham Known to me as a credible witness; the signer of the foregoing affidavit and made solemn oath to the truth of the facts therein stated before me.
Ind. J. L. ...
J. D. ...

I, Frederick Wolcott, Clerk of the County Court within & for the County of Litchfield in the State of Connecticut certify that Frederick J. Fenn Esq, before whom the preceding affidavits of Sarah H. Merwin & Nathan B. Buckingham appear to have been taken was on the 28 th day of July 1832, & that he now is a Justice of the Peace within & for said County of Litchfield, & that the signatures to the preceding certificates which purport to be his are genuine. —
In testimony whereof I have unto set my hand & affixed the Seal of said Court at Litchfield in said County this 21 st day of August A. 1832.
Frederick Wolcott, Clerk.
716

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.
Eleazer Beecher Fred: J. Hens
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 Eleazer Beecher who has signed the preceding certifi- cate is a legally resident in the town of New Milford, and that Fred: J. Hens who has also signed the same is a resident in the town of Washington officially and is a credible person and that this statement is entitled to credit.
Eleazer Beecher Fred: J. Hens
I Anthony Smith Clerk of the Court of Probate within for the district of Washington in the County of Litchfield State of Connecticut do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Samuel Hartwell for a pension.
In testimony whereof I have hereunto set my hand and seal of said office this 1 st day of August A D 1832.
Anthony Smith

Acts of July 14, 1862, and March 3, 1873.
4705
P. O. _____
Samuel Hartwell
Service: _____
REJECTED
Enlisted: _____, 18
Discharged: _____, 18
Application filed: _____, 18
Alleges: _____
Re-enlisted: _____
Attorney: _____
P. O. _____
_____ Recognized. _____ Contract.

Concord
Samuel H. Merrill
Expanded
4705
Secular Ed. Assoc.
Nov 30 1833
do do Apr 14 1834
do do May 9 1834
do to Hon. L. Phelps Jan. 31.
1837 / St. Louis May 2 49

Samuel Wortwell
Return this with paper.
(Suspended)
Frederick Penn
Washington
Ed

BRIEF objections to the admission of Pension Claims , of which those answered in the negative, in red ink, will apply to the claim of Samuel Heartwell Litchfield Cox which require further proof or explanation.
I. Does the declaration show where the applicant resides? yes II. Did the declarant make the declaration in the county where he resides? yes III. If the applicant did not make the declaration in the county where he resides, is there any reason assigned for his not doing so? IV. Has the declarant mentioned the period or periods of the war when he served? yes V. * Has he mentioned 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? yes VI. Has he given the names of the officers under whom he served, in conformity with the regulations? yes VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832? yes VIII. Has the Court given their opinion? yes IX. Has the Clerk given his certificate? yes X. Is the Clerk's seal affixed? And if so, has it a device or inscription by which it can be distinguished from any other seal? yes
the foregoing is a true and correct copy of the original on file in the office of the Clerk of the Court

XI. Has the applicant obtained the evidence of a clergyman and another respectable citizen as to their belief respecting his age and the general belief in his neighborhood relative to his revolutionary service? yes
XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it?
XIII. If the applicant has no documentary evidence, and has not obtained the testimony of at least one living witness, has he stated in his declaration that such proof cannot be had?
XIV. †If the applicant's name is not found on the rolls of military service, has he produced a witness or witnesses as to his service? yes
If he has produced direct proof as to service, has the magistrate who administered the oath, certified to the credibility of the witness or witnesses? no
Has the proper officer certified to the official character and signature of the magistrate as the regulations direct? yes
XV. Does it appear from any of the papers that the witness was in such a situation, or of such an age, as to have a personal knowledge of the applicant's service?
BS
It does not appear
XVI. ‡Are the papers authenticated as the regulations direct? no
BS
XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered?
EXPLANATORY NOTES.
* QUERE V. 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, deposeeth 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."
Claimant must state explicitly whether there are survivors of each term, as the regulations require the production of the best evidence.

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 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 shewn 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.
† QUERE XIV.  Proof of Service.
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 claimants 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.
‡ QUERE XVI.  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 paper 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.
In every case where the clerk of the court, or other certifying officer, 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.
Sir, I herewith return to Your department the application of Saml. Hartwell with the objection obviated - Please advise me of the result -
Yours &c.
Fred. Henry
Washington June 15. 1855.
As a certificate of credibility interlined by a hand writing apparently different is not a satisfactory compliance with the regulations, as such a practice might give rise to abuse.
Other objections overlooked on the former examination have been noted

State of Connecticut } county of Pittsfield } p
Be it remembered that on this 15 th day of October A D 1833. personally appeared before me Frederick J. Fenn Esquire a Justice of the peace within & for said County, Samuel Hartwell of New Milford in said County and being duly cautioned & sworn according to Law makes solemn oath to the following facts, by him subscribed, supplemental to, & explanatory of his foregoing declaration for a pension under the act of Congress passed June 7 th 1832. (vii)
That he has, both at the time of making his original declaration, and at various other times since, made diligent search & enquiry among his friends & acquaintances for the purpose of finding some individual who was a participator with him in some one of the three periods of his service mentioned in his declaration hereto annexed; but that he cannot find any person & knows of no individual living who was with him in either of the periods of service aforesaid. Samuel Hartwell
Sworn & subscribed
the day & year aforesaid Before me.
Recd. J. Fenn W. D. Pease

I Nathan B. Buckingham of new Milford in the county of Litchfield & State of Connecticut aged seventy four Years do Depose & say: That I have been well acquainted with Saml. Hartwell of said New Milford ever since he was a small boy, that I was born in the same neighborhood with him & have always lived in the same neighborhood with him till this time - That I distinctly remember the time when he enlisted into Capt. Bronson's Company of State troops; he (Capt. Bronson) being one of our neighbors at that time; & that I remember when he returned home with Capt. Bronson - That the Regt. was called an "Eight months Regt." I further say that I distinctly recollect his (the said Hartwell's) volunteering into Capt. Amos Bortwick's Company in Colonel Mosely's Regt. & am very positive he was gone three months - Capt. Bortwick was also a citizen of this town & I was well acquainted with him - These facts I remember, not because I was in the service with him, but because having always known him, & knowing the facts at the time, I think I cannot be mistaken - I further remember the facts above stated from

another fact, that my father had a hired man by the name of Benjamin Davenport who also enlisted into Capt Bronson Company with said Waitwell in said Eight months regiment & came home with said Waitwell at the end of said term of service -
Nathan B Buckingham
State of Connecticut County of Litchfield } S t New Milford Oct. 15. 1833
Personally appeared Nathan B. Buckingham the signer of the foregoing affidavit, personally known to me as a credible witness & being duly cautioned & sworn made & sworn oath to the truth of the facts therein stated before me.
Ind: Henry Ind: Dean

Hon J. A. Edwards, Commr. Pensions Washington City

Washington (cont. Nov. 11. 1833.
Sir,
The papers of Samuel Hartwell were rec d . from Your department in due course of mail accompanied by Your note of the 5 th instant -
In reply I beg leave to state, that neither the original nor supplemental declaration of said Hartwell, were signed, actually , by him, but were both signed by his procurement & in his presence & in the presence of the Magistrate who administered the oath - The disability of his right hand being the only reason why they were not both signed by him -
In relation to the "records at Hartford" mentioned by You, I know of none I have never heard of any, touching the subject of his Service - However, I have addressed a line to the Secretary of State, a copy of which & the answer thereto I will transmit to Your department, immediately on its reception - Respectfully Yours &
W. H. Brown
over

P.S. I beg leave to ask, what has become of the applications of Chauncy Camp & Peter Tharp which were forwarded to You, the former on the 23 rd Sept. last & the latter or about on the 15 th October
Yours & Fred: Penn

J Hartwell suspended Oct
Washington St Dover Pa
free
Hon. C. L. Edwards
Commr. of Pensions Washington City
Miss E. Burdine Sam. L. Hartwell Conni

Washington Conn t Nov. 25. 1833
Sir
Enclosed You will find a copy of my letter of the 11 th instant, to the secretary of state, of this state, respecting the Claims of Samuel Hartwell for a pension, & his reply —
It would seem from the answer of Mr. Day that no very satisfactory information , can be obtained, upon the subject, from the records remaining in his office —
Therefore I have concluded, not to prosecute the enquiry further, unless required so to do, by Your department —
Should the evidence before You, be deemed insufficient, to warrant an allowance of his pension, please notify me & I will seek for further evidence, altho I am well satisfied that no living witness of his service can be obtained —
I am Sir Respectfully Yours R. L. D.
Mid: R. L. D.
Hon. J. L. Edwards,
Comm te of pensions,
Washington City

Corners (N.Y.) April 26. 1849
Sir
Samuel Heartwell of Jerusalem, Yates Co. N.Y. late of New Milford Connecticut a Revolutionary Soldier States that some two or three years since he made application for a Pension, employing William Smith of New Milford as his Attorney or Agent for that purpose who made out his papers to whom he thinks but is not positive he gave a Power of Attorney to draw the money found due him.
As he has not since heard from it, he desires me to inquire for him, whether the application has been presented, & acted upon, or if so with what result; and whether the if granted, the amount has been drawn, by whom - Direct answer to me -
Yours respectfully
James S. Edwards Esq Commissioner of Pensions
John S. Lewis Jr Corners, Yates Co. N.Y.

Washington Nov. 11. 1833
Dr Sir,
In a certain application for a pension under the act of 1832, I am referred by the War department to certain "records" said to be at Hartford, - for the purpose of establishing certain periods of service which were performed by the several regiments & companies in which the applicant claims to have served -
The applicant claims to have served in 1777 in a Regt of state troops commanded by Col. Saml. Campfield in Capt. Bronson's Company a period of 8 months -
In 1779 in Col. John Mosely's Regt in Capt. Dostwick's Company - 3 months -
In 1780 Col. Mosely's Regt & Capt. Stone's Company three months -
If such Regts & Co's existed & served the periods above mentioned please send me the proper records if in your department for proving the fact together with your bill &c.
Respectfully Your friend Thos. C. Senn
Hon Thos. Day Hartford
Copy