Revolutionary War Pension and Bounty Land Warrant Application File W. 1426, Benjamin Hewes, Mass.

SERVICE
NUMBER
Mass
Hewes, Benjamin Hannah
W. 1426
CONTENTS

DC 034
New York
Benjamin Waves
Residing in the State of N. York who was a Private in the Corps commanded by Captain Phipps of the Regt. commanded by Col. Haines in the Naps time for 16 months & 16 days
Inscribed on the Roll of New York at the rate of 53 Dollars 10 Cents per annum to commence on the 14th day of March, 1831.
Certificate of Pension issued the 1 st day of June 1833 and to Mrs. L. P. Elderby Hamilton
Arrears to the 14th of Mar: 33 $110 20 Semi-ann. allowance ending Aug: 33 27 55 $137 75
Revolutionary Claim, for June 7, 1832.
G. C. Gilis
Clerk
Recorded by Book E.
Vol. 4. Page 100

Reported
158.
New York Albany. Hannah Hewes, widow of Benjamin Hewes, who served in the Revolutionary
war, as a Private Mass Line Inscribed on the Roll at the rate of 55 Dollars / 0
Cents per annum, to commence on the 4th day of March, 1848.
Certificate of Pension issued the 10 day of May 1849 and sent to
Benj n Ballard Germantown Madison Co. N.Y.
Recorded on Roll of Pensioners under act January 2, 1848, Page 163 Vol. 1
July, Book D

Declaration of Benjamin Huns
22034

Declaration of Benjamin Hovey
In order to obtain the benefit of the act of bounties passed June 7th 1832
State of New York } On the 22 d day of July 1832 personally appeared Madison County ss } before James B. Redfield first Judge of said County Benjamin Hovey a resident of Lebanon in said County aged seventy two years, who being first sworn in due form of Law doth on his oath make the following declaration in order to obtain the benefit of the act of bounties passed June 7th 1832
That he entered the service of the United States under the following named Officers, and served as here in stated.
That at the commencement of the Revolution he lived in Mansfield in the State of Massachusetts. That in the year 1776 he enlisted into a Company of State Troops commanded by Captain Daniel 13 th Levts John Baxter 2 d Levts as ensign not recalled. He enlisted in the Month of August the day does not recollect, enlisted for five Months and belonged to a Regiment commanded by Colonel Ephraim Sheldon Lieut. Col. & Major not recalled. General Gates had the command there at the time he enlisted. They marched first for Saratoga by the way of Number four on Cannine River where they stopped a few days from there to Otter Creek in Vermont then to Saratoga where they remained stationed until the term for which he enlisted expired. which was in the Month of January 1777. That General Gates commenced at Saratoga while the department was there that same portion of the Jersey Troops was stationed at that time there and some of them at Mount Independence as this department then under road. That they had no battles during this campaign. that when this departments time was out he went home but he received no written discharge. That in the Month of July or August 1777 the department enlisted into a company of Volunteers commanded by Ezekiel Dympton Captain, Joseph Dympton 13 th Levts ensign not recalled clearly though this department thinks it was Nathan Bullard, that this department then enlisted at Mansfield upon said that they went to Little Compton in the State of Rhode Island where they remained stationed for one Month the time for which they were called out. That they belonged to a Regiment commanded by Colonel Hovey. Lieut. Colonel not recalled the

Mayers Name was Simon Mann: thinks there was no more Troops stationed at Little Compton at that time than their Regi- -ment. that they had no fighting at that time, it was then said that they were then called out for the purpose of obtaining the British that were in possession of Newport that they might thereby be prevented from going to reinforce Burgoyne who was at that time making his way down the North River That this Regiment served at this time one Month was then dischar- -ged, and returned to Mendon.
That in the Month of June 1778 this Regiment enlisted voluntarily to make up the quota that the State of Massachusetts was required to furnish. That they then first Mustered at Boston and then went to Fresh Kill in the State of New York when they got to Fresh Kill they were put into Company and were commanded by Officers in the Continental Line again Mustered and went from there to West Point, where they were put under Officers of the Continental Line That this Regiment was put into company the Name of the Captain of which he can't recall, saw the Ensigns own ensign. That he remained same time at West Point, and worked on the Fort at that place, until the principal part of the Army had moved to White Plains. That same time in July or August this Regiment March to White Plains, after he got to White Plains this Regiment enlisted in to a Company of Continental Troops commanded by Captain Brewer of Colonel Brewers Regiment. That 1st Lieut left soon after this Regiment enlisted, don't recall that there was any 2 d Lieutenant. The Ensigns Name was Bullard who had command of the Company a good part the time. That while at West Point can't say who had the command after this Regiment enlisted in Captain Brewers Company at White Plains. they were under Major General Paterson. That General Washington commanded in person at that place a part of the time. That same time after this Regiment had enlis- -ted into Captain Brewers Company. The Division to which he belonged was ordered to Danbury in Connecticut they remained at Danbury some time and were under the com- mand of General Paterson who had the command of the Division this Regiment can't say. From there they Marched to Heart's Pond, where they remained a short

time then went to what was then called Hartsford west Division where they remained but a short time and were then Marched to West Point where they put up for winter quarters. Thinks after they returned to West Point that working them manoled again same part of the time in person That this defendant enlisted for nine months and remained at West Point until his time expired, when he received a written discharge don't recall who signed it, that he received it a few days before the nine months expired on account of his being unwell. That from the time that this defendant was enlisted at Boston to the time he was discharged at West Point must have been ten months or more, the time this defendant cannot state with precision. That after he was discharged at west point as above said he returned to Meriden
That in the Month of June 1860 this defendant volunteered and joined company of Massachusetts Troops at Meriden company was commanded by Captain Ebenezer Lunt. Noting the ensign that belonged to the company was met with them March first to West Point where they remained for three months the time for which they were called into service. That while this defendant was at West Point the treason of Arnold was discovered. General Arnold had the command until his treason was discovered after that this defendant can't say who commanded as his time expired soon after, when he went home, to Meriden
He hereby relinquishes any claim to a pension whatever except the present. That he has no written evidence of his services nor does he know of any having writings he can procure to testify to his services and declares that his name is not on the pension roll. (B 11554)
Subscribed and sworn to before me this 22 nd day of July 1882. James D. Eldredge Judge of the Superior Court. We Thomas Gerald a telegraphman of the Town of Lebanon and Joseph Ford and James Blair of the same place do certify that we are well acquainted with Benjamin Hews who has subscribed and sworn to the above declaration and have been so acquainted with him for from twenty to more than thirty years and have lived neighbors to him for that time. That we believe him to be seventy two years of age That he is respected and beloved in the neighborhood where he resides to have been a Revolutionary soldier and that we

concur in that Opinion, And we further certify that ever since we have been acquainted with the said Thomas as afore said it has been so reported and believed that he was a soldier of the Revolution and that there has not at any time existed any doubts as to his having served as a soldier in the Revolution as stated in his said declaration and we further certify that the said Thomas has always been esteemed in respectable standing and has ever sustained a fair unimpeachable character for truth and veracity. As to his age and residence We further certify that we have often heard the said Thomas upon any persons were entitled to the Revolutionary Pensions, mention his services as a soldier in the Revolution and that he then and at those times stated his services to be the same as he now states them in his said declaration so far as we can recall.
Subscribed and sworn to before me this 22 d day of July 1832 James B. Hildreth First Judge of Middlesex Co.
James Blair Joseph Ford
Thos. Merrill
And the said Benjamin Thomas did then and there under oath make the following answers to the several interrogatories put to him by the said judge
 1 st That he was born in the 1760 in Middlesex Massachusetts  2 d has no record of his age  3 d lived in Middlesex when he was called into service from there he moved after the Revolution into Newark in the State of New Jersey where lived several years then he moved into Galloway in the State of New York where he lived some years. From there he moved into Litchfield where he now resides  4 th at all the different times he was in the service he either volunteered or enlisted that he never was a substitute for any one nor was he ever drafted.  5 th that he cannot state the names of any men of the 

appears with or under whom he served. These are set forth in his declaration
6 th That he served but one discharge and that was at the expiration the nine months he enlisted into the Continental line which he served at least Point but sometimes say by whom it was signed. That it was lost or destroyed before he left Mansfield in Massachusetts.
7 th That he was then acquainted with Thomas Erskine a clergyman in Lebanon where this deponent now resides for about twenty years with Joseph Lord of the same place for more than twenty five years, and with James Blair for thirty years or more all of whom know his character as well as many other of his Neighbours.
I the said judge do here by certify that the said Benjamin Howes did under oath in answer to the several interrogatories to him put by me as by the War department required make the statements last above set forth, and that after moving the matter of his application and putting the said interrogatories to him I do here by declare My opinion that the above named Benjamin Howes was a Revolutionary soldier and served in the States in his forgoing declaration. And I further certify that I am personally acquainted with James Blair, Joseph Lord and Thomas Erskine, and that said Thomas Erskine is a clergyman of Lebanon aforesaid and that the said Blair and Lord are Men of respectability and reside in Lebanon aforesaid and that their statement is entitled to credit. And I further certify that the said Benjamin Howes is from bodily infirmity confined to his bed and house and entirely unable to appear in Court and that from his bodily infirmity as well as from his age his memory and capacity to answer questions and state facts from recollection are considerably impaired.
Given under My hand and seal at Lebanon in the County of Madison and State of New York this 22 nd day of July 1832
James Breckridge first judge of Mad Co.

State of New York Madison County Clerk's Office
7
I, Andrew S. Sloan, Clerk of the said County, do certify that James B. Eldredge, before whom the two preceding Affidavits purport to have been sworn, and whose name appears to the preceding Certificate, was, at the dates of the same, the first Judge of the County Courts in and for the said County - And that I am acquainted with his hand writing and verily believe his name subscribed to the said Affidavits and Certificate, to be his proper hand writing and signature - Witness my hand and seal of Office this 30th day of July 1832 - A. S. Sloan Clk.
State of New York Madison County, ss. On the 30th day of December 1832 personally appeared before me James B. Eldredge, last Judge of Madison County upon oath said Benjamin Hovey the person who has subscribed and sworn to the foregoing declaration who being known to me to be the person of whom the foregoing declaration was made, and say that from his age and the cause of his absence of military service cannot swear positively as to the precise time of his service as a soldier in the Revolution but from what he can recollect he was in service positively that service as a private soldier in the Army of the Revolution not less than one year and seven months for which he claims no pension. That his services were as follows, in the years 1776 - four months in the year 1777 - one month in the year 1778 - Ten months in the year 1780 - three months Making in the whole one year and seven months that he cannot now state his officers nor his services any more full or particular than he has set them forth in his declaration
Declaration of Benjamin Hovey
Benjamin Hovey
Subscribed & sworn to before me December 30th 1832 James B. Eldredge first Judge of Mad. Co.

State of New-York Madison County Clerk's Office
ss: I Andrew S. Sloan, Clerk of the said County, do certify that James B. Eldridge, before whom the three preceding & attached Affidavits purport to have been sworn, and also whose name appears to the preceding Certificate, was, at the dates of the same,
the first Judge of the County Courts in and for the said County. And that I am acquainted with his hand writing, and verily believe his name subscribed to the said Affidavits and Certifi- cate, to be his proper hand writing and signature -
Witness my hand and seal of Office this 14 th day of January 1833- A. S. Sloan Clk

No 208.
Hannah Reeves, widow of Benj n M c .
Act 29 July 1848
Married Dec 1794 Husband died 1836
Adu o 16 mo. 16 days pr i $55.10 per annum, pr 4 March 1848.
Benj n Ballard Lebanon, Madison Co, M c

D. Clerk's Office } Madison County ss: } I A. Scott Sloan Clerk affi'd.
County do hereby certify that James W. Hays, before whom the foregoing Declaration on Oath, Certificate & affidavit, purports to have been taken was at the date of each of them Judge of Madison County Courts duly elected, & qualified - & authorized by Law to take the same - and that I am well acquainted with the hand writing of the said Judge and verily believe the name subscribed to the first of the Declaration, & the affidavit - also to the Certificate to be the genuine signature of the said Judge
In Testimony whereof I have hereunto set my hand & official seal the 7th day of March 18th 9-
A. Scott Sloan Clerk pr. Wm A Holmes Deputy (Clerk absent)

A
Declaration in order to obtain the benefit of the act of Congress of July 29th 1848
State of New York County of Madison
On this 2 d day of March
1849
personally appeared before me the Subscriber a judge of Madison County Court, it being a Court of record. Hannah Hews a resident of Lebanon in the County of Madison and State of New York aged Eighty three years who being duly sworn according to Law doth on her Oath make the following declaration in order to obtain the benefit of the provisions of the act of Congress passed July 29th 1848. That Benjamin Hews who was a private in the Army of the revolution, and who resided in the State of Massachusetts during the Revolutionary war, But from old age and loss of memory she cannot recollect Now the town or the County where he then resided, that he served in the Army at or near Ticonderoga and as she believes in other places during the war of the Revolution. But the exact time she does not recollect But for the said Service of Benjamin Hews aforesaid he the said Benjamin Hews Obtained a pension Certificate from the Secretary at War Entitling him to receive fifty five Dollars and ten Cents per annum payable Semi annually on the 4th of March and 4th of September in each and every year during his life and which was recorded in the pension office in Book E. Volume 4 Page 22. by G. O Stiles Clerk and that the said Benjamin Hews obtained said Certificate upon an application made by him for a pension under the provisions of the act of Congress passed June 7th 1832 and for several years drew a pension amounting to fifty five dollars and ten Cents per annum. and that the said Benjamin Hews died on the twelfth day of May (1836) Eighteen hundred thirty six. and the said Hannah Hews further says that she was Married to the said Benjamin Hews on the twenty third day of December (1794) Seventeen Hundred and Ninety four. in the town of Galloway Saratoga County New York, and that the Reverend John Lindley a presbyterian Clergyman Married them, and that there was not any record of their Marriage ever made to her knowledge, and that the only person that she knows of who is now living and who was present at the said Marriage is Thomas Harrison who lives in Oneida County New York. and that she was not Married to him prior to his leaving the Service, but the Marriage took place previous to the first day of January (1800) Eighteen Hundred, and she further says that she has not been Married to any other person since the death of the said Benjamin Hews, but that she has remained a Widow ever since that period as will more fully appear by reference to the proof hereto annexed. and that the said Benjamin Hews died as aforesaid on the twelfth day May (1836) Eighteen Hundred and thirty six at Lebanon in the County of Madison and State of New York

And she further declares that she has now no other Evidence of the time the said Benjamin Hews served in the Army of the Revolution or of the officers under whom he served. Except what was forwarded to the department By the said Benjamin Hews when he made application for a pension under the provisions of the act of Congress passed June 7th 1832 aforesaid and from old age and loss of memory she is unable to state the time when he entered the service or the time when he left the same or the town or county where he resided when he entered the service. But that the said Benjamin Hews in his said application for a pension set forth all of these facts. in his said Declaration which she here read to him when made and signed by him but which she cannot recollect so as to give the precise times or places or officers her memory not serving for that purpose. and she further says, that the said papers of Benjamin Hews in reference to his application for a pension as aforesaid she supposed to be on file in the department and to which she refers as Evidence for her of the service of her said husband Benjamin Hews aforesaid and further saith not.
Hannah Hews
Subscribed and sworn before me on the day of your above writing
James W. Nye Judge of Middlesex County Court
I further certify that from old age and infirmity the above named Hannah Hews was unable to attend Court
James W. Nye Judge of Middlesex County Court

State of Kentucky 6
Muhlenberg Co.
I, Jeremiah Ballard being duly sworn depose and say that I have heard by all a myrtle the within named Hannah Hays & Benjamin Hays her husband in his life for more than forty years time. That Benjamin Hays died the 12 th of May 1836 and that Hannah Hays and the said Benjamin Hays lived together as man and wife from my earliest recollection of them up to the time of his death in 1836 and that since that time the said Hannah Hays has lived and continues to live a widow & has never married since the decease of her said husband Benjamin Hays.
And this deponent further says I know the said Benjamin Hays to be a pensioner in his life time & that he drew the sum of fifty five dollars and ten cents per annum. And that I made out his papers & some annually to draw his pension after the first time he drew his pension monthly & that I know the said Hannah to be the widow of the said Benjamin deceased.
Jeremiah Ballard Sworn & subscribed before me this 2 nd day of March 1849
James W. Kyle Judge of Mud. Co.

Benjamin Hoover
Madison Co
N York
Roll, June 16 78 - 7 months 16 days
admitted.
  721      16 mo 16 days  Private.     1988  11  798    233      5838      1170      5509    
J. B. Eldridge
Hampton  Hampton Hampton Madison Co N.Y.

WAR DEPARTMENT,
Pension Office,
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 subjoined 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, showing the Service of Benjamin Howes
   Period when the service was rendered. Duration of the claimant's service Rank of the claimant. Names and Rank of the Company officers under whom he served. Names and Rank of the General and Field officers. Battles in which the applicant was engaged. Country through which he marched. Place of abode when he entered the service, and age at the present period. Evidence by which the declaration is supported.   Years. Months. Days.     Aug 1776 5 Private Capt Daniel Capt White March from 72 years Declaration & a Blagden   Aug 1777 1 " Capt Plympton Capt Hens to 17 years   June 1778 X 10 " Capt Brown Capt Brewer Scituate 17 years   1780 3 " Capt Thayer Rhode Island   16 16 From Boston to Fishkill   West Point  
X on the Rolls 7. 16 only
I am, respectfully,
Your obedient servant,
J. 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) hereby certify, that we are well acquainted with , who has subscribed and sworn to the above declaration; that we believe him to be years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.
Sworn and subscribed the day and year aforesaid.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that A. B.
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 he answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant.
The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons -one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion. If one of these persons is a Clergyman, the Court will so certify, and they will also certify, to the character and standing of other persons, giving such certificates.
The traditional evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party. And the Courts are requested to be very particular in the enquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
Applicants unable to appear in Court by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court.
Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature.
No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.
[a] The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance. Infer in by
[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.

State of New York } 13 Oneida County ss }
Beit Known That on the twenty first Day of February 1849 Person ally Before me the Subscribed a Justice of the Peace of the said County Duly authorised to Administer Oaths Came Thomas Harrison and made Oath in due form of Law Who is Well Known to me And after Being Duly sworn as aforesaid Deposes and says that he Resided in the Town of Galloway in Saratoga County New York And that when he Resided there about the year (1794) Seventeen Hundred Ninety four that he was Well acquainted with Benjamin Hews and Hannah Gray that the said Benjamin Hews worked for this Deponent for the space of one year or thereabouts Before he was married that the said Benjamin Hews and Hannah Gray was married by the Reagent John Lindley about the year (1794) Seventeen Hundred Ninety four and that this Deponent was present at the said Marriage - And that he the said Thomas Harrison knew the said Hews and his Wife Hannah some years after the said marriage and prior to the year (1800) Eighteen hundred - And that they had Children born prior to the year (1800) Eighteen hundred And that there was no Record made of said Marriage to the knowledge of this Deponent
Subscribed and sworn Before me the 21 st Day of February 1849 Alma Abbott Justice Peace
Thomas Harrison

State of New York
8
Clerks Office Oneida County
I, Patrick Mahon Clerk of the said County certify, that Plyna Abbott Esquire was on the 21 st day of February 1849 a Justice of the Peace in and for the County of Oneida duly elected and authorized to act as such: — and that the signature on the opposite side purporting to be that of the said Justice is genuine
In testimony whereof I have hereunto affixed the seal of said County I subscribe my name Feb y 14. 1849
Patrick Mahon Clerk by James Edgar Dep. Clk

April 27/99
Benjamin Ballard Enclos. papers in the case of Hannah Hens who wants a pension Certf. of her husband
Colt
Comm. of Nursing Dept of Interior April 25/99

Lebanon Madison County N.Y. To the Hon Thomas Ewing secretary of the Department of the Interior Enclosed I send you the papers upon the application of Hannah Hews the Widow of Benjamin Hews who was a Revolutionary Soldier and a pensioner under the act of June 7th 1832. - her Declaration Marked A sets forth all of the facts now within her own knowledge to entitle her to a pension. The paper Marked B contains the affidavit of Thomas Harrison the only person she now knows of who is living and was present at her Marriage upon which she relies for proof of her Marriage. on the paper Marked C. is my Own affidavit showing that she and Ben- jamin Hews lived together as man & wife for a long time and that she has not Married since the death of her husband. The Original pension Certificate of Benjamin Hews was recorded in the pension office in Book E Vol. 4 Page 22. on the paper mar- ked D, the Madison County Clerks Certificate and on the paper Marked E will be found the Clerks Certificate of Oneida County N.Y. I trust the papers will prove satisfactory & suffi- cient to entitle her to a pension and if please En- close a Certificate for her in an Envelope directed to me and You will greatly Obige her But if not please point out what other proof is necessary The Hon Thomas Ewing Esq. yours with Respect & Esteem Jeremiah Ballard

Henry
#
WIDOW, &c.
File No. 1426
Hannah Howe Widow
Benjamin Howe Pioneer. Was
Act: July 29, 1848
Index:—Vol. A , Page 823
[Arrangement of 1870.]