Revolutionary War Pension and Bounty Land Warrant Application File S. 23265, William Hoyt, New York

SERVICE
NUMBER
New York
Hoyt, William
S. 23265
CONTENTS

Let to
Anna S. Oakwood Jan'y 25/54
New York. 24.8412
Wm Hoyt
of Erie co. in the State of New York who was a Private in the Compt y commanded by Captain Sackett of the Reg t commanded by Col. Thomas, in the N. Y. ma line for 12 months
Inscribed on the Roll of New York at the rate of 40 Dollars 0 Cents per annum, to commence on the 4th day of March, 1834.
Certificate of Pension issued the 10 th day of March 1834, and sent to Hon. W. F. Fillmore Ho. of Rep s N.Y.
Arrears to the 4th of March 34 $ 120 - Semi-ant. allowance ending 4 th N. 34 20 -
140 -
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by Ele Brown Clerk, Book E, Vol. 4 Page 111

[Declaration of a Revolutionary Soldier who served in the MILITIA, to obtain a Pension under the Act of Congress, passed June 7, 1832.]
State of New York, } On this 27 th day of October  October 1832 personally appeared in open Court  at Amenia in said County before the Court of Common Pleas, now sitting at Buffalo  now sitting at Amenia in said County, William Hoag a resident of Chautauqua  Chautauqua in the County of Erie and State of New York, aforesaid, aged Forty  Seventy nine 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, 1832, That he entered the service of the United States under the following named officers, and served as Sergeant  Sergeant I enlisted in the month of March in the Year 1780 under Captain Ricketts in the Regiment commanded by Colonel Thomas Thomas of the New York line in the town of Bedford, West Chester County in the State of New York, for the term of Eight months and served faithfully the said term of Eight months, during the time above mentioned the Company to which I belonged were engaged in reconnoitering the frontier and were engaged in several light skirmishes and frequently took the picket guard of the enemy and brought them in as prisoners, about two months after I entered the service under the command of Captain Sackett our Captain was captured by the enemy and taken prisoner while going to Housatonic a short distance from the place where we were stationed after his capture the Alarm being given our Company went immediately out with a view to retake him at which time a sharp engagement ensued between the Company to which I belonged and a small Company of the enemy's light Horse but we did not succeed in retaking our Captain. Captain William Mosher succeeded Captain Sackett in the command of the Company and continued in command during the time remainder of the term above stated during a part of the time above mentioned Colonel Sheldon was stationed near where we were with a Regiment of light Dragoons that belonged to the Continental line the Lieutenant Colonel's name was Jamison  Jamison , Also a Colonel by the name of Hickam  Hickam from Virginia with a Regiment that belonged to the Continental line was in that vicinity a part of the time mentioned and I left the service in the month of November 1780
I enlisted a second time under Captain William Mosher under Colonel Thomas Thomas in Bedford in West Chester County in the State of New York in the month of September in the year 1781 for the term of Five months and faithfully served my time and in the same kind of service in the same place as above stated - The third time I enlisted was under Captain Abner Granger in a Regiment commanded by Colonel Samuel Canfield in the month of April in the year 1782 in the Connecticut line for the term of one year and was stationed in the fort at Hoosac where I served my time out faithfully during which time I was not in any engagements of any importance and during the period of time between the several times that I enlisted I was frequently out a number of days at a time under different officers in the Militia, at one time under Captain Daniel Baughton was frequently engaged in skirmishes in protecting the frontier. And the deponent further says that he once made application for a pension as he thinks about five years ago and he this deponent received an answer from the War department stating that his services was State service and not Continental service which was the reason that he was not at that time placed upon the pension roll. And at that time he this deponent procured an affidavit of Nell Whitaker proving actual service in the application made at that time he stated only one years service which was proved by the affidavit of said Whitaker and this deponent further says that the reason why he did not state the whole of the service

In the application made at that time he stated only one years service which was proved by the affidavit of said Whitaker and this deponent further says that the reason why he did not state the whole of the service that he actually rendered in the revolutionary service was because the act under which he applied required the proof of only nine months service to entitle the applicant to a pension - And this deponent further says that he was born in the Town of Bedford in Westchester County in the State of New York on the 21 st day of December 1765 and was living there when he was called into the Revolutionary service, that there was a record of his age made in a Bible which Bible was burnt together with his house in February 1807 and he has not now any record of his age and that he removed from the County of West- chester County to Albany (now Saratoga County) in the Spring of 1783 when he was about 19 years when he remained to Cayuga County in the State aforesaid where he remained about 4 years when he removed to the more western part of the State of New York to that part which is now called the Town of Aurora in the County of Erie where he has ever since resided and now resides. This deponent further says that he never received any written discharge. This deponent further says that DeLoaf Warren Esquire of Aurora and Edward Paine Esquire of Aurora in Erie County with many others in his neighbourhood who can testify in relation to his chara- cter for veracity and their belief of his services as a Revolutionary Soldier. and this deponent further says
that he has no documentary or other Evidence of his services other than what is above stated
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.
Sworn & Subscribed this 27 th day of October 1832
before me
Wm Lloyd
Judge of Erie County Court
William Hoyt

other than what is above stated
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.
Sworn & Subscribed this 27 th day of October 1832
William Hoyt
before me Almy Tinker Judge of Erie County Court
We DeLoaf Warren and Edward Paine residing in the Town of Aurora and County of Erie hereby certify that we are well acquainted with William Hoyt who has subscribed and sworn to the foregoing declaration that we believe him to be 69 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
Subscribed and sworn this 27 th day of October 1832
DeLoaf Warren Edward Paine
before me Almy Tinker Judge of Erie County Court

And I the said Judge do hereby certify and declare my opinion after the Investigation of the matter and after calling the Interrogatories prescribed by the War Department that the above named applicant William Hoagts was a Revolutionary Soldier and served as he states. And I the said Judge do further certify that it appears to me that DeLoaf Warner and Edward Paine Esquires who have signed the foregoing Certificate are residents in the Town of Aurora in the said County of Erie and that the Hon Edward Paine who has signed to the foregoing Certificate is a Judge of the County Court of said County residing in said Town of Aurora and that they are Credible Persons and that their & each of their statements are entitled to Credit
And I the said Judge do further certify that the foregoing contains the original proceedings before me in the matter of the said William Hoagts for a Pension. And I the said Judge do further certify that it appears satisfactory to me that the said William Hoagts could not without too great inconvenience procure the attendance of a Clergyman to testify as to his character for truth and veracity and his reputation as a Soldier of the revolution and that belief of his services rendered as a Revolutionary Soldier as stated in the foregoing Declaration.
And I the said Judge do further certify that in consequence of the prevalence of Cholera in the City of Buffalo in August last when a term of the Court of Common Pleas of said County should have been held the said Court was not held and that on a representation of the peculiar circumstances which rendered it proper the War Department deemed it expedient to permit me the said Judge to receive Pension applications and take evidence therein until the next term or Session of the said Court in December next & no longer which permission or authority was communicated to me the said Judge by a Letter under the date of September 21 st 1852

was communicated to me the said Judge by a Letter under the date of September 21 st 1832
And I the said Judge do further certify that the foregoing proceedings have been had and attended to before me under and by virtue of the Authority or permission aforesaid & that I have in consideration of the age and infirmity of the said Applicant deemed it highly proper and expedient that the said Proceedings should be so had and taken or attended to before me under & by virtue of the said permission & Authority of the War Department
Given under my hand & Seal at Annapa in said County this Twenty seventh day of October 1832
James Myles Judge of Probate, County

State of New York Dutch Co. Clerk's Office Noah P. Sprague Clerk of the Court of Cinn and of the Court of Com- mon Pleas thereof do hereby certify that the Hon. James Shyfter before whom the foregoing proceedings on the trial of the application of William Hop- for a new trial was on the day of the date thereof still is a Judge of the Court constituted of the said Court duly commissioned & sworn and that James will acquaint with the handwriting of the said Judge that the signatures pur- porting to be his to the deposition of the said William Hop, to the the trial of the said action of Edward Rain & DeLoss Warner and to the concluding certificate of the said Judge following the same are all the genuine signatures of the said Judge
In testimony whereof I have hereunto set my hand & seal of office this 8th day of December A.D. 1832
Noah P. Sprague Clerk of our Common Pleas.
Nov 14/69 20469

120464
Buffalo
From Hoyo
Enic 60 N York
J.
Admitted
Private 12 months
when commissioned
12 months only
Notes of Capt. Sackett for 1780-
Adm M. Philmore
Home Rep N.S.
12 months
Buffalo

WAR DEPARTMENT,
Pension Office,
May 27 1833
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, shewing the Service of M c Intyre Eric 6 o N.Y.
   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.     Enlisted 1780 8 Private Capt Sack with Capt Mosher Cot Thomas New Bra ftra N.Y. Is a ditionary   Enlisted 1781 4 Capt Mosher 6 o N.Y. aged 69   Enlisted 1782 14 Capt Evan ger Capt Dan Boyleton Cot Lewis Ganfield at Lin  
I am, respectfully,
Your obedient servant,
J. L. EDWARDS,
Commissioner of Pensions.
It cannot be readily admitted that the above allegations of service are not susceptible of proof & claimants are required by the regulations to produce the best evidence in their power.
+ See affidavit of Nell White

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 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 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.
[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.

Revolution
23265
INVALID.
Oct. 23, 1905. History Horace Holmes. A.E.P.
File No. 23265
William Hoyt Rev. Rev. War
Act: June 7 th 82 nd
Index:—Vol. 2 , Page 195
[Arrangement of 1870.]

20.311.
William Hoyt - act 18 March 1818. &
New York
See letter to Hon. Fillmore 19 July 34. 3
Rejected, see letter 11 May 1827 to George Miles, Esq. Angelica, Allegany Co. New York

William Hoyt
S. file 23265.
Feb. 13, 1827
Amenda, Allegany Co., N.Y.
Born Dec. 21, 1763 Bedford Westchester Co., N.Y., there at enlistment
March 1780 Capt. Richard Sackett and William Mosier, Col. Thomas Thomas; 8 mos. N.Y.
Sept. 1781. Capt. William Mosier Col. Thomas Thomas 6 mos. N.Y.
-Capt. Daniel Bonten. N.Y.
April 1782 Capt. Abner Granger, Col. Samuel Canfield. 1 year. Conn. Pension allowed
Married Charlotte — aged 53 yrs. in 1827; children Electa 23 yrs. John W. 18 yrs. Eliza 14 yrs. Edaltha 9 yrs. in 1827
Resided in Amora, Erie Co., N.Y. when applied for pension under Act of 1832 — over

to.
Horace Holmes
Wales N.Y.
Oct. 23, 1905.
A. E. P.

Whitakers
affidavit
not found
Found

War Department Pension Office 23 d August 1833.
Sir,
The claim of William Hoyt has been again examined and suspended. He claims for 2 years service and furnishes no evidence - except Nell Whitaker, whose credibility is not certified. The service in Sackett's Company and Thomas' Regiment is known to be susceptible of proof in the County of Westchester, and claimants are required to produce the best evidence in their power. His papers are placed on file.
I am, respectfully your obedt Servt J. L. Edwards
N. K. Hall, Esq re Buffalo N.Y.

Mr Doyts statement as to his service not proved by the affidavit of Bill Whitaker is very full and particular and his second statement shews that he has made inquiry for those who were acquainted with that service and they are dead or have removed to places unknown.
I am acquainted with many of the citizens who have certified to his good character and they are among the most respectable of the town where he lives. I am also acquainted with Mr. Hoyt, the applicant, and have been for several years, and he has sustained an unimpeachable character for truth and veracity. Washington. Jan'y. 18. 1834
William Fillmore House of Rep.

Certificate of Clerk of Circuit Court as to proof of the Death & Credibility of Nell Whetstone as made in Circuit Court.

In the Circuit Court of the 8 th Circuit of the State of New York held in & for the County of Erie.
I Noah P. Sprague Clerk of the said Court do hereby certify that it has satisfactori- ly been shown by proofs taken before this Court that Nell Whittaker late of the Town of Hamburg in the said County of Erie departed this life on or about the month of September 1832 and that the said Nell Whittaker was a credible person of a fair and unblemished reputation.
In Testimony whereof I have hereunto set my hand and affixed my official seal in open Court this 10 th day of October AD 1833.
Noah P. Sprague Clerk of said Court

WAR DEPARTMENT,
Pension Office,
Sept. 5. 1833 3
SIR.
The great and extraordinary exertions which have been made to answer with promptitude all the very numerous letters received here, have been found ineffectual. To reply particularly to every enquiry made to this office in relation to the act of 7th June, 1832, would consume the time of more clerks than are now employed in the business; and then the examination of claims would be entirely suspended. No good could possibly result to any of the claimants. Claims under the above law are taken up according to the order in which they are received at this Department; and all claimants may rest assured that their papers will be acted on at as early a day as the great and increasing press of business will permit. This circular has been drawn up with a view of quieting the minds of applicants, and in order to satisfy them that we are making every effort in our power to adjust their claims. Our great object has ever been to dispatch their business, and to discharge a great debt of gratitude which the present generation owes to the founders of our free and happy nation.
If in any instance enquiry be made concerning a claim, and it does not appear that the papers have been received here, the claimant is apprised of the fact by having a copy of this letter sent to him, or his agent, with the claimant's name written in the margin.
When an applicant is not satisfied with the decision in his case, and no answer is sent to his request for a re-consideration, he is to understand that the Department adheres to its decision.
Amendments to declarations, or any additional proof which may be required, may be taken before any officer duly authorized to administer oaths.
No information in regard to military service can in any case be given until the claimant has proceeded according to the mode pointed out by the regulations, which are always sent whenever a wish to that effect is expressed by an applicant.
Frequent enquiries are made respecting the form of a declaration in a case where the applicant is not positive as to the precise length of his service. The notes accompanying the brief were believed to have been so explicit as to render any explanation unnecessary; but it has been found by experience that they are not so well understood by every applicant, or agent, as to supersede the necessity of a clearer interpretation of the rules. The oath prescribed in a case where the applicant's memory is impaired, was not designed to supply the place of such a particular statement as the regulations of June 27, 1832, direct. It is only intended to obviate difficulties which exist in cases where the applicant is not positive as to the precise length of each term of his engagement.
A claim under the act of 7th June, 1832, is not always rejected for want of direct proof of service by living witnesses; but in a case where an applicant alleges to have served in the continental army, and his name cannot be found on the rolls of service, such proof is deemed indispensable in order to a favorable decision.
In any case where a paper has been missent from this office, or any other error has been committed, proper steps are always taken immediately on discovering the mistake to have the same corrected, without notifying the parties concerned.
In cases where applications are made for new certificates of pensions, for an augmentation of pension, or for a transfer from one State to another, no other answer is deemed necessary than merely to transmit to the applicant, or his agent, the printed instructions necessary in such cases.
Whenever information in relation to fraudulent claims is transmitted, the informant is requested to be as particular as possible respecting the matter.
In a case where a pensioner has died and left several children, and no widow, the children are entitled to the amount of pension due up to the time of the pensioner's death. If any of the children or heirs cannot be found by those who are known to be the legitimate children or heirs, on proof being adduced of the fact, the amount will be paid to those who are to be found. And in case the widow or children of a revolutionary officer who may have died without applying for a pension, and since the passage of the act of June 7, 1832, the widow or children should produce the best proof in their power as to the service: and, in such cases, direct proof is always required. The same rule applies to cases where the application is made by the wife or children of a non compos mentis.
A pensioner cannot legally devise, mortgage, or otherwise transfer his right to his stipend.
In every case where the claim has been rejected, the papers will remain on our files, and cannot be withdrawn. If the applicant wishes to renew his claim, he must have new papers prepared.
I am, respectfully, your obedient servant,
J. L. EDWARDS, Commissioner of Pensions.
The certificate of the Clerk of a Court of record, under his seal of office, as the character and death of Whitaker will be sufficient.
N. K. Hall, Esq. Buffalo, N. York

NY.
State why the other juror is not ad d
Hon. M. Fillmore

William Hoyt of Erie Co. N.Y. N.H. Hall agent. Buffalo. It was proposed some time since to allow Hoyt for one year if he would abandon claim for remainder. I gave a certifi- cate as to the character of those who testified to his good character and as to his own. and re- turned the papers. He is miserably poor and his aged wife is sick and he needs much what ever is allowed. Can it be decided forthwith? House of Rep. Feb. 25.
M. Fillmore
A large, stylized signature of M. Fillmore, featuring a prominent loop and a horizontal line extending to the right.

24842
Wales, N.Y. Oct. 12, 1905.
Hon Commissioner of Pensions Washington D. C. Sir:
The record of the Revolutionary War of William Hoyt sent to me last April are not the William Hoyt I want. The one you sent me William Hoyt was born at Norwalk Conn. Apr 13, 1758. Enlisted at Norwalk Ct, applied for pension July 30 1832. at Greene NY.
Now the one whose Military Record is wanted, William Hoyt. born in Stamford Ct. or Bedford NY. May 13 1765. married Charlotte Merritt and died in Wales Erie Co NY.
Sept. 13. 1847. Had Children. The Record I want - of William (Erie Co) Hoyt. is on Page 307 Vol 2 Senate Documents. - Pension Roll - 1 st Session 23 rd Congress published in 1835. and reads "William Hoyt - private N.Y. Militia placed on roll Mar. 10 1834 - Pension began Mar 4 1831, age 70"
Respectfully Horace Holmes

add. Papers on app n of Wm. Horst for Pension
Hele Whistler's - aff d not among the papers
Found Jany '54

State of New York Erie County ss William Hoyt of Aurora in said County being duly sworn deposes & says that he is the same & identical William Hoyt who soon subscribed to a Declaration before James Stryker Esq one of the Judges of the Court of Common Pleas in the said County of Erie about the last of the month of October last - that Nell Whitaker late of the Town of Hambley in said County formerly made an affidavit in relation to the services of this Deponent which he believes is now in the War Department - that said Whitaker as this Deponent has been very frequently informed and very believes is now dead having died sometime during the last Winter or Spring - that he believes the said Nell Whitaker to have been a credible person and that his credibility can be abundantly established by his neighbors and acquaintances - that this Deponent about the time he made his Declaration in said last October (but long enough before to get information from him) sent to Westchester County in this State for the purpose of finding some proof of his service or some person who knew of his service in Capt Sackett's Brooklyn Company in Thomass Regt. - that he sent first to his Cousin, Joseph Hoyt who was in Capt Sackett's Company with the Deponent but soon received a letter from him in which say- ing he had been dead two years - that he immediately after sent another letter enquiring for the individuals that this Deponent knew were in the service with him in Sackett's or Morris's Companies - that he soon after received a letter saying that the persons named are not there & that some are living but a few years before & some since their death - that in the month of April last he saw a Cousin of his who came from Bedford in said County when deponent was born & lived & lived until after the Revolutionary War - that he then enquired of said Cousin who was about 50 years old that past come from said Bedford where she formerly resided that  and talked with her a long time & made many enquiries to find if any person was going in the Revolutionary War who could testify part of his services but he could not learn a single individual in a- -line who could swear to his services or any part of it - that he has in general made very diligent

inquiry for persons to prove his services a part of it but he does not know & has never heard of any individual who can prove his services and that the best Evidence he can produce is traditiona- ry Evidence - proof of his uniform story for years his unblemished character for truth & veracity is the best Evidence beyond Mr Whitakers affidavit which it is in his power to produce unless he has some information about such witnesses as to before
And this Deponent further says that he is himself quite a cripple & is otherwise infirm from age - that his wife for more than a year past has been confined to her bed & unable to help herself - that they are extremely & misera- bly poor & support themselves by the labor of this Deponent aided by the kindness charity of the public and have no children who at all assist in supporting them.
And further saith not. William Hoyt
sworn & subscribed before me this 10 th day of September 1833 Edward Paine of the Judges of Erie County.
Certify I have been acquainted with the above named William Hoyt for several years He is a man of good character for truth & veracity.
Edward Paine Judge of Erie County

We the undersigned do hereby certify that William Hoyt has resided in our neighborhood for a number of years and that his character for truth & veracity is unimpeachable again and that we should place full confidence in his statements under oath in relation to his services as a soldier in the Revolutionary War.
And we further certify that in belief the said William Hoyt to have been in the Revolutionary War & that he is reputed & believed where he resides to have been a Revolutionary Soldier. Dated September 1833.
Oliver Hovey N. M. Mann David S. Warner Henry Allen
Aaron Warner N. Brooks Thomas Crook Nathan Waldo
William B. Beman James H. Beman
John M c ... J. S. Bush Nathaniel Emerson
Aaron Riley W. F. Hoyt
... Z. A. Hamilton W. C. Johnson J. J. P. Johnson A. Miel Dine Joseph Riley W. S. Gage Alvin M. Clapp
John O. Riley Lyse Mott Gasper Dodge Uriah Burroughs
Martin Palmer
H. N. A. Holmes John M. Holmes G. D. G. Holmes
Samuel Calkins Charles Rowley the Esquire Elias Harmon Minister of the Gospel Benjamin Sawin Pastor of the Baptist Ch. Aurora, Erie Co. N.Y. Levi Pratt
I hereby certify that on the 25 day of Sept. 1833 Aaron Riley Palmer Beman & Z. A. Hamilton & Joseph Riley were severally sworn before me & did severally depose & say that the above certificate by them subscribed was true. And I certify that they are credible persons.
Edward Paine Z. A. Hamilton Palmer Beman Joseph Riley Aaron Riley

State of New York On County Clerk's Office to Isaac P. Sprague Clerk of the said County of Erie to the Court of Com- mon Pleas thereof do hereby certify that Hon. Edward Paine whose name is subscribed to the affidavits & certificates to the foregoing deposition of William Knight the deposition of John A. Macculloch Joseph Riley, Palmer Dorrance Aaron Riley was at the 10th & also on the 25th day of September last still is a judge of the County Court in said County duly commissioned & sworn acting as such & that full credit is to be given to his acts as such judge
And further certify that I am well ac- quainted with the handwriting of the said John and easily believe the signature to said draft & certificate to be the true writing of the said John
In testimony whereof I have hereunto set my hand & affixed seal this 10 th day of September  October 1853. Noah P. Mayhew Clerk of Gen C

20.311.
In the matter of
W m Hoyt a Pensioner
6 t Miscel s Rolls
vol 2. No 8
Abner Granger appointed Capt in Genl Canfield's Regt
Apr 5. 1782
See afft of Will Whitaker

State of New York Albany County ss On this thirteenth day of February A. D. 1827 personally appeared in Open Court being a Court of Record for the said County William Hoyt aged Sixty Two Years President of the Town of Munda in the County of aforesaid who being first duly sworn according to Law doth on his oath declare, that he served in the revolutionary war as follows - that he enlisted in the Month of April in the Year 1782 into a Company of Infantry Commanded by Captain Abner Granger in a Regiment Commanded by Colonel Richard Camfield the number of said Regiment is not recollected, that his enlistment took place in the town of Stanford in the State of Connecticut for the term of one Year and under the Continental establishment that the Regiment into which he enlist- ed was raised for the purpose of supplying the place of a Regiment of men enlisted for three Years who were in garrison at Horse Neck in the said State of Connecticut and whose time of service had expired at the time of his enlistment as aforesaid that said Regiment of three years men marched out of the fort at Horse Neck and the Regiment to which this deponent belonged marched into said fort a few days after his enlistment and that he remained in said garrison until the first or second day of the next succeeding April being one Year after the time when he enlisted when he was

Honorably discharged at "Horse Neck" aforesaid — And I do solemnly swear that I was a resident citizen of the United States on the 18 th day of March A.D. 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 the act of Congress entitled an act to provide for certain persons engaged in the Land and Naval Service of the United States in the rev- olutionary war or  the General acts amending the same and that I have not nor has any person in trust for me property or security contracts or debts due me nor have I any income other than what is contained in the schedule hereunto annexed and by me sub- scribed.
Schedule of property here follows —
  One Cow — — — — — $8.00   one Hog — — — — — 1.00   three feather Beasts bedding for the same — 18.00   2 Small Kettles - 1 Tea Kettle & 1 pot — — — 1.50   6 Knives & Forks - old — — — — — .25   5 plates " " " " — — — — — .12   5 cups and Saucers — — — — — .12   1 old Table — — — — — .12   4 old Chairs — — — — — .38   2 pails — — — — — .50   2 Beadsteads — — — — — 1.00   1 Axe — — — — — .75   1 Iron wedge — — — — — .50 

$31.99.
In the Year 1818 I appeared in County Court at Buffalo then in Niagara County & made the necessary oaths & had my papers made out to apply under the act of 1818 but owing to accident or to the negligence of the person I employed the papers were not sent the sickness of my Self & Family has prevented my applying sooner
Here follows the number  members and names of my family for which I provide provide, my Self aged sixty two Years - so much Crispled with a broken Leg as to be only able to do a little light work about the house by occupation a former but not able to work on a farm being much reduced by debility old age & Sickness - Charlotte Hoyt my wife aged fifty three Years severely afflicted with the inflammatory rheumatism so much so as not to be able to do any work or help herself but little - has been in this situation for five Years - Electa Hoyt my oldest Daughter aged twenty three Years has been severely afflicted with the Dropsy for Seven Years is under a physicians Care most of the time & not able to do any labour - John W. Hoyt aged Eighteen Years - is the only one of my Children or family able to do any service - Elisa Hoyt aged fourteen Years - health tolerably good - except being badly troubled with the asthma - Edatha Hoyt aged Nine Years - and in very poor health & unable to perform any service
I am indebted to different individuals

in the amount of Two hundred Dollars which I am utterly unable to pay or any part of it
I have no debts dues or demands due to me from any person
I reside at present in the Town of Cana d a in the County of Allegany and have lived there two Years.
Sworn to and declared in Open Court on the 13 th day of February 1827. before me
William Hoyt -
Sworn to and declared in Open Court before me. Vial Thomas Judge
of Allegany Common Pleas
I Amos Peabody Clerk of the County of Allegany do hereby certify that it appears to the satisfaction of the Court that the said William Hoyt did serve in the Revolution- ary war as stated in the preceding declaration against the common enemy for the term of nine months under an engagement on the continental establishment
I also certify that the foregoing oath and the schedule thereto annexed are truly copied from the records of the said Court. And I do further certify that it is the opinion of the said Court that the amount in value of the property exhibited in the aforesaid schedule is thirty one Dollars and ninety nine Cents
In testimony whereof I have hereunto subscribed my name and affixed the seal of the said Court on this 14 th day of February A.D. 1827
Amos Peabody Clerk of the Court of Common Pleas of Allegany County

add. proof Wm Lloyd Jr. pay
per J. L. Edwards Esq. Con't of Renss Washington D.C.
Hon. M. Fillmore
msm Wm Lloyd Jr.

St Edwards Esq.
Buffalo Oct. 10. 1833
Sir,
You will please to find Enclosed an amended declaration in the Case of Wm Hoyt with a Certificate of Credibility & Death of Mill Whitaker his Witness
I also Enclose the letter from the Dept showing what was required when the claim was suspended
Mr Hoyt is miserably poor & has a wife who is constantly sick & who can- not probably live for a great length of time & his necessities are such that he had rather have a part of his claim rejected & the rest allowed than to be delayed a year or six months in the applica- tion - A part would be a great relief to him & his necessities require that it should concern
I am Very
Respy Your obb
McK Hall
P.S. he will wish to be paid at Buffalo

State of New York, } Nell Whitaker of the town of Greeting Certifies } Hamburgh in the County of Erie — Being Duly Sworn Deposeth and Saith that he was Personally acquainted With William Hoyt at pres- ent of the town of Hunda and County of Allegany and State of New York, and that he knew the said Hoyt in the State of Connecticut During the Revolutionary War and that he knew the said Hoyt When he Enlisted into Capt Granger's Company in Col Richards Canfield's Regiment of Connecticut Troops for the Month of April in the year 1782 and this Deponent further Says that he was at that time a Soldier in the aforesaid Regiment and that he Served with the said William Hoyt in said Regiment for about the Term of one year next following the time of the said Hoyt aforesaid Enlistment and that the said Hoyt according to the best of the Deponent's recollection and belief was honorably Discharged at Horse Neck in the said State of Connecticut and Further this Deponent Saith Not
Nell Whitaker
Personally came before me Nell Whitaker and made oath to the above affidavit to be correct this 13 th Day of January 1827
William Richardson Y s Peer

Alleghany County Clerk's office Bss
James Peabody Clerk of the County of Alleghany do hereby certify that William Richardson Esq. before whom the within Affidavit was taken was at the time of taking the same a Justice of the Peace duly Commissioned and Sworn in and for the County of Alleghany —
And that I am acquainted with the hand writing of the said Justice and do hereby believe the signature of William Richardson subscribed to said Affidavit to be his own proper hand writing —
In testimony whereof I have hereunto subscribed my name and affixed the seal of said County this 14 th day of February A.D. 1827.
James Peabody Clerk of Alleghany County