Revolutionary War Pension and Bounty Land Warrant Application File S. 13448, Ezekiel Hoyt, Conn.

SERVICE
NUMBER
Conn.
Hoyt, Ezekiel
S. 13448
Carded
CONTENTS

3155
New York
Ezekiel Hoyt
of Lafayette in the State of New York who was a Priv. of Art. in the Company commanded by Captain Mead of the Regt commanded by Col Thomas in the Connecticut line for 18 months Private of Infantry and 6 months Private of Artillery.
Inscribed on the Roll of New York — at the rate of 85 — Dollars — Cents per annum, to commence on the 14th day of March, 1831.
Certificate of Pension issued the 15 day of Decem- ber 1832 — and sent to Johnson Hall Lafayette N.Y.
Arrears to 14th of Sept 1832 — $ 127.50 Semi-annual allowance ending 4 Mar 33 $ 42.50
$ 170.00
{ Revolutionary Claim, Act June 7, 1832. }
Recorded by Ingraham Clerk Book D Vol. 5 Page 127

At a Court of Chancery held for the State of New York at the village of Onondaga in the County of Onondaga on the eleventh day of September one thousand eight hundred & thirty two:-
Present: Daniel Moseley , Vice Chancellor of the Supreme Circuit
Personally appeared Ezekiel Hoyt , of the town of Lafayette in the County of Onondaga, aged twenty three years

State of New York County of  Onondaga  ss  Onondaga  ss  Onondaga Onondaga County ss I September in the of Our Lord One thousand Eight hundred and thirty the personally appeared before the Circuit Court of the Second Circuit and Vice Chancellor of the Second Circuit at his Chambers in the Town of Onondaga  Ebenezer Root a resident of the Town of Lafayette, County of Onondaga and State of New York  at  his 73 the  who who being first duly sworn according to Law doth on his oath make the following decl- aration 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. In the fall of the year 1775 he enlisted at Norwalk in the County of Fairfield, Connecticut in a Company Commanded by Captain Matthew Mead and was immediately marched through Stamford and Horse Neck to the City of New York, where he continued in the Service of the United States for the term of 1 1/2 Six weeks from the time of enlistment, when he was discharged. That early in the year 1776. he again enlisted at Norwalk County and State last aforesaid in Captain David Darr's Company in Colonel Thomas' Regiment the major of of his Lieutenant or ensign was Ezra Benedict, That he immediately marched through Stamford and Horse Neck to Kingsbridge in the State of City of New York where he was stationed until the City of New York was taken by the British, that he then retreated with the Army to White Plains; from there he was soon marched to Peekskill on the Hudson River and was there dismissed in the month of December that year having served under this engagement nine 9 months the time for which he enlisted, that about the month of April 1777 he again enlisted at Norwalk County and State aforesaid in Captain 6 Lefield's Company for the term of Six Months

And was immediately Marched through Stamford to Horse Neck where he was stationed for two or three Months and was then Marched to Coompond in the State of New York and from there to the banks of the Hudson River and after remaining in that vicinity a short time was Marched back to Horse Neck where he served the remainder of the Six Months for which he enlisted; That in the Spring of the year 1778 he enlisted at Norwalk County 6 and State aforesaid for Six Months (that the names of his officers not recollected) that the Company to which he belonged was stationed at Norwalk as a guard to prevent the Enemy from landing and destroying the Town. That he continued there in the service of the United States for the term of Six Months - That in the Spring of the 1779 year 1779 he Enlisted in a Company of Artillery Commanded by Captain Seymour at Norwalk County and State aforesaid. That he was stationed at Norwalk and remained in service of the United States during the time for which he enlisted it being the term of 6 Six Months - when he was discharged at Norwalk aforesaid. That he has no documentary evidence and that he knows of no person whose testimony he can procure who can testify to his service He hereby relinquishes every claim whatever to a pension or annuity except the present and therefor that his name is not on the pension Roll of the Agency of any State Sworn to and Subscribed the day and year aforesaid }
And in answer to the interrogations put by the said Court the further states that he was born in Norwalk Fairfield County aforesaid the 25 th day of December 1758 That he has in his possession a record of his age which he copied

from his father's Bible Soon after he was 21 years of age. which he now exhibits to the Court That when he first entered the Service and at the time of every subsequent engagement during the war he resided at Norwalk aforesaid That soon after the war he moved to South Salem Westchester County, New York resided there two or three years then moved to Schenectady in said State lived there two or three years then moved to Charlton Saratoga County in said State lived there until about the year 1801 since which he has lived in the Township of Powny now the town of La Fayette his present place of residence. That he supposes that his Services were in the State troops some times the troops of Connecticut and at other times the troops of New York That he was acquainted with Col Thomas who had the Command of his regiment at Kings Bridge until the British took New York that he does not recollect the names of any other officers of high rank with whom he was acquainted has never received any written discharge from the Service being verbally dismissed at the expiration of the time of his respective Enlistments - That he was never a substitute but always served upon his own engagement That he is known to Reverend Alexander B Canning and Asahel King a Justice of the Peace in his present Neighborhood who can testify as to his char- acter for veracity and their belief of his Service as a soldier of the revolutionary War to and subscribed the Day & year aforesaid                    Ezekiel Hoyt Darius Moseley Concurrence Judge & Vice Chairman

We Alexander B. Corning a clergyman residing in the Town of Lafayette and
Asahel King a Justice of the Peace residing in the same place hereby certify that we are well acquainted with Ezekiel Hayt who has subscribed and sworn to the above declaration that we believe him to be seventy three 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
Daniel Mosley } Ezekiel Hayt } Alexander B. Corning Asahel King
And the said Court do hereby declare their opinion after the investigation of the matter and after putting the inter- rogatories prescribed by the War Department that the above named Applicant was a revolutionary soldier and served as in states and the Court further certifies that it appears to them that Alexander B. Corning who has signed the preceding Certificate is a clergyman residing in the town of Lafayette and that Asahel King who has also signed the same is a Justice of the same place & a Justice of the peace and is a credible person and that their statement is entitled to credit
Daniel Mosley Vice Chancellor

We Alexander B. Corning a clergyman residing in the Town of Lafayette and Asahel King a Justice of the Peace residing in the same place hereby certify that we are well acquainted with Ezekiel Hays who has subscribed and sworn to the above declaration that we believe him to be seventy three years of age that he is respected and beloved 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 Darius Mosley } Circuit Judge } Alexander B. Corning Asahel King
And the said Court do hereby declare their opinion after the investigation of the matter and after putting the inter- rogatories 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 Alexander B. Corning who has signed the preceding Certificate is a clergyman residing in the Town of Lafayette and that Asahel King who has also signed the same is a resident of the same place & a Justice of the Peace and is a credible person and that their statement is entitled to credit
Darius Mosley Vice Chancellor

Ezekiel Hoyt
8468

I Daniel T. Woodley Deputy Clerk of the Court of Chancery of the Seventh Circuit for the State of New York do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Ezekiel Hoyt for a pen- sion - In testimony whereof I have hereunto set my hands and seal of office this 11 th day of September 1832. Daniel T. Woodley Deputy Clerk

Reuben
13448
INVALID.
File No. 13. 448
Ezekiel Hoyt Rev War
Act: June 7 th 1832
Index:—Vol. 1 , Page 180
[Arrangement of 1870.]

BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of Ezekiel H. Hoyt 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

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?
Yes
XIV. † If the applicant has produced a witness or witnesses as to his service, has the magistrate who administered the oath certified that he, she, or they are persons of credibility?
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?
XVI. ‡ Are the papers authenticated as the regulations direct?
No
XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered?
Yes
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, 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.”
cal

It is important in all cases to determine with precision the period for which the 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.
†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 affidavits must be properly authenticated, as above directed.
†QUERE XVI. Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticated 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 end 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.

Ezra H. Hoyt
get. brief
P 39
218498 42.49 / 6
416 2/3 24.98 60 82 18 2664 223 599 4
22 1/2 6 24 6 18 81