Revolutionary War Pension and Bounty Land Warrant Application File R. 4379, Joseph Guile, New York

SERVICE
NUMBER
New York
Guile, Joseph
R. 4379
CONTENTS

Joseph Guite Wino.
19070

STATE OF VERMONT, } RUTLAND COUNTY, ss. }
On this 3 rd day of October A. D. 1832 personally appeared before the Prothonotary Court of the County of Rutland Joseph Grite a resident of the County of Rutland and State of Vermont, aged 66 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 7, 1832. That he enlisted in the Army of the United States, in the year 1782 and served in Col. Willets ;
Regiment of the New York line under the following named officers. Capt Joseph Harrison, Lt. Ephraim Eaton, & Burgess  Major. Burt he lived at Warren's bush, now Florida, on the Mohawk, about 14 miles from Schoharie at the time & he enlisted for 2 years, he thinks some time in February of 1782, at Warren's bush as his muster before Lt. Eaton  formed his Reg t at Fort Hunter on the Mohawk, thence marched to Fort Plain thence to Fort Plank - thence back to Fort Hunter, where he was discharged as he believes the first part of May 1783, by Col. Willets , but has lost his discharge - He was discharged before his time expired, in consequence of the peace, having served between 14 & 15 months. Capt Francis & Capt M c Clasters were in service at the same time, & Col. Willets had the command - There were no other Regiments in service with him at the time. He was born at Preston the 19. Jan y . 1767, & was in his 16 th year when he enlisted - his age is recorded in his Bible. He has no documentary evidence, & knows of no person whose testimony he can procure who can testify to his services. Since the revolution he has lived in Coopers- town, Lake George - & for the last seven years he has lived at Orrell, Vermont. He is known to the Rev. Mr. Kellogg, Isabel Scovel Esq, & to most of the people of Orrell

We Sherman Kellogg a Clergy man residing in Orwell Rutland County Vermont and Asahel Scovel a resident also of S d Orwell hereby certify that from our ac- quaintance with Joseph Gail of S d Orwell the subscriber of the forego- ing declaration we believe him to be of the age he represents that That he is reputed and believed in the neighborhood where he resides to have been a soldier of the revo- lution and that we concur in that opinion Sherman Kellogg Asahel Scovel
State of Vermont } Subscribed and Rutland County } sworn to in due form of law this 25 Sep r . 1832 before me Tho s D. Hemenway Justin Root

State of Vermont
I Robert Peipoint Clerk of Rutland County Court do certify, that Thomas D. Hammond before whom the foregoing affidavit was taken, is a Justice of the peace for said County, duly commissioned and that his name thereon is in his own hand writing.
In testimony whereof I hereunto set my hand and affix the seal of said Court this 3 rd Oct. 1832
R. Peipoint

He hereby relinquishes every claim whatever to a pension or annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State.
Sworn to and subscribed the day and year aforesaid.
Joseph Guile N. Royce
And the said Court do hereby declare their opinion that the above named applicant after investigation of the matter, & after putting the interrogatories prescribed by War Dept.
was a revolutionary soldier, and served as he states. And the Court further certifies that Sherman Kellogg who signed his assumed certificate is a clergyman resident in Orwell & that Nathan Schwell who also signed the same is a resident in Orwell & is a credible person, & that their statements are entitled to credit.
I Rodney C. Royce Esq. Clerk of the Court of Pike County do hereby certify, that the foregoing contains the original proceedings of the said Court in the matter of the application of Joseph Guile for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, at Hillsboro this
30 day of Oct A. D. 1832
N. Royce

Joseph Guile Rutland 6 th Vermont
e. j.
e. j. proof of service
Col. Miller has declined to serve here has been for continental service.
Esplanade is situated in London Col. Miller has no type of place troops is supposed to drill there will be admitted to the proof of the sample

WAR DEPARTMENT,
Pension Office,
183
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 subjunct 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 Joseph Guile
   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.     1782 Served between 14 & 15 months. Private Capt Hearns Col Willis Several countries in New York 66 years Sparta N York Production of a Collym  
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 } ss.
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 [e] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule [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.

Joseph Gule ad. Declaration
R. Temple Esq

I Joseph Guile of Orwell County of Rutland and State of Vermont of lawful age do depose testify and say that I the deponent enlisted under Lieut. Ephraim Eaton in Col. Willets Regiment in the army of the Revolution some of the first days of February in the year 1782 and that I was very soon after. (the precise number of day I cannot say) Mustered and commenced service as a private soldier in which capacity I served as much as six weeks or more. after which I was detached by Lieut. Eaton and Captain Joseph Harrison as a waiter for Lieut. Eaton and I served as waiter to said Lieut. Eaton until the war closed. which was about eleven months after my enlistment. After that time I was absent on furlough until I was discharged in the month of May 1783 having been attached to the Army fifteen months. — I further say that I have made diligent search and can find no person alive who can substantiate my testimony to the facts above stated. And further I say not
Joseph Guile
Sworn and subscribed this 5 th day of Sept r 1834 before me —
Redwell Potter Justice Peace

State of Vermont
I Robert Pierpoint Clerk of Rutland County Court do certify, that Haswell Brown before whom the within affidavit was taken is a Justice of Peace for said County, duly commissioned - and that his name thereunto is genuine.
In testimony whereof I hereunto set my hand and affix the seal of said Court this 9. day of Apr. 1834 R. Pierpoint

Joseph Gule Pursol Oct 1832 State Vt
Por. ag
Not really

State of Vermont Addison County ss I George S. Swift, Clerk of the court for the county of Addison in the state of Vermont hereby certify that Samuel E. Cook whose signature is attached to the within certificate, was at the date hereof, a Justice of the peace within and for said county, duly commissioned and qualified and by law authorized to take the acknowledgement of deeds & other instruments and that I rightly believe said signature to be genuine.
In testimony whereof I have hereunto set my hand and affixed the seal of said court at Middlebury in said county this 17 th day of January A.D. 1833.
George S. Swift Clerk of Addison Co. Court

Power of Attorney
Know all men by these presents that I the Polly Meritt of Cornwall in the County of Addison in the State of Vermont late widow of Joseph Gule late of Orwell in said County of Addison deceased who was a Revolutionary soldier and who also served in the war of 1812, do hereby irrevocably constitute and appoint John T. Neely of Washington City D.C. my true and lawful attorney for me and in my name to examine into and prosecute any claim for a Pension or Bounty land against the General Government which may be due me by virtue of my deceased husband's services in the Revolutionary War or in the war of 1812, and the several acts of Congress relative thereto and to receive the certificate of Pension &c when issued by the Department. I hereby confirm whatsoever my said attorney may do, or cause to be legally done, either in person or by substitution in the prosecution of said claim, except drawing money in my favor, I revoking any other authority I may have given to any other person or persons in the premises, whatsoever.
In witness whereof I have hereunto set my hand and seal this 14 th day of December A.D. 1882.
Signed in the presence of George W. Gule
Polly Meritt. her X mark.
State of Vermont
Addison County ss
At Cornwall in said County of Addison on this 14 th day of December A.D. 1882 personally appeared before me the Polly Meritt, and acknowledged the above Power of Attorney to be her act & deed, and I certify that I well knew the said the Polly Meritt and that she is the person now present and who executed the above Power of Attorney.
Sam E. Cooke Justice of the Peace

Revolutionary.
Vermont.
Joseph Gile.
Sashindia.
Act 7 June 1832
Letter to R. Temple Rutland.
4379
67.
Sept. 26. 1833
June " 25. 1834
let to G. Richards, Aug. 18 1843.

Joseph Guile
Explanatory declaration

State of Vermont
I Robert Rippon Clerk of Rutland County Court do certify, that Robert Temple, before whom the foregoing affidavit was taken, is a Justice of Peace duly Commissioned; and that his name thereunto is in his own hand writing.
In testimony whereof I hereunto set my hand & affix the seal of said Court this 5. June 1883
R Rippon

State of Vermont, Rutland Co. ss - 3
On the 5 th day of June 1833, personally came before the undersigned authority, Joseph Giles of said County, an applicant for a pension, who being duly sworn, doth on his oath before me say, in addition to the explanation of his dec- -laration of the 3 rd of October 1832, that by reason of old age & the consequent loss of memory, he cannot speak positively as to the precise length of his service - but according to the best of his present recollection, he served not less than fifteen months as private of Infantry - and for such service he claims a pension. He stated between 14 & 15 months in his said declaration, but he now says at least fifteen months. He further says, that since he made his first declaration, he has made diligent search & inquiry, and has not been able to find any proof of his said services - That he is very poor, & lame, & is afflicted with a breach, so that he cannot travel to the scene of his services, to make a more extended search. Know before me the day & year aforesaid.
AB. Brewster Jus. Peace

Leeds Smith for Jos Guile
Orwell Vt 29 Aug 3
Paid 6
Hon Robert Temple Nuttland St

Dear Sir
On all August 28 th 1834 Mr. Guile an old gentleman of this Town who employed you to apply for a Pension In his behalf for his services during the revolution is very poor and needy and feels anxious to know the event of his application he states that last year you sent to him that some more particular relation of the time he was taken from the Members and became a waiter was wanted also Some other enquiry was made all which he states he made out as near as he could and forwarded to you he says it is long since he returned his answer to your request but he has nothing since and now wishes you to give him any information you may possess relating to the application for his pension if you cannot or can give him any infor- mation relating to his business he wishes to know — if you could return a line to Mr. Guile in answer to this so that he might get it on or before the mens meeting on Tuesday next you will very much oblige your old and constant friend Oliver Smith
Hon ble Mr. Temple

June 24 43
Ms. Guile N. 114.
Concord, Mass. June 19 3
for
Edward Ely
Commissioner of Pensions
Washington
D.C.

Ticonderoga June 19 th 1843
Sir
The object of this communication, is to obtain information, concerning the Pension of one Joseph Guide, formerly of Orwell Rutland County Vermont, I am informed that Mr Guide was a Soldier of the Revolution, & that Mr Robert Temple (formerly of Rutland Vermont,) procured a certificate for him, it is thought & believed by the Widow that Mr Temple, had his Certificate at the time of his, his death, & that there is now some part of the Pension in arrear = Joseph Guide died at Orwell on the 5 th day of February 1836. - he was born (according to the Family Record) on the 19 th day of January 1815 1815 his Widow resides in this Town and is a poor ignorant woman, & almost destitute of the common necessaries of life - She is the Second Wife of Joseph Guide - She was Married to him on the 8 th day of August 1813, at Otego - Otego County N.Y. I think to ascertain first, whether there is any arrear of Pension due to Joseph Guide - that could be obtained by the Widow - I beg - Whether the Widow would be entitled to a Pension - provided Guide was was on the Pension List - as a Soldier of the Revolution? I understand that Guide never received his Certificate from Temple
I am Sir very Respectfully - Your Obedient Servant
G. R. Andrus

4379
P. O. _____
Joseph Guile
Service: _____
Enlisted: _____, 18
Discharged: REJECTED , 18
Application filed: _____, 18
Alleges: _____
Re-enlisted: _____
Attorney: _____
P. O. _____
_____ Recognized. _____ Contract
_____ Cert. of Dis. Searched for _____, 18

Rutland (Vt.) 8. June 1833
Sir
Enclosed are 3 returned cases, one of which is for increased. It seems that part of Nathan Freeman's services were rejected, because he stated (or rather I so stated thro' mistake) that he served as writer to one of the officers. I did not suppose any presumption would be raised against one of full age for military services, for this, but only against those under 16. You will see in this case, however, that it was a mistake. He was a writer only the first 3 months.
In the case of Joseph Gule, proof is required of service in Col. Willet's Regt. as though it was a Continental Regt. I recollect under the act of 1818, I obtained a pension for one David Patterson for services in that Regt. and he was soon after struck from the roll, on the ground that it was not continental. If it is

now deemed Continental, David Patterson should be allowed his full pension - if not, Joseph Gute should not be required to prove his services, as though it were Continental. You will see he testifies he has not been able to find proof.
Caleb Potter has found no proof of his Continental services - but his other services being sufficient to give him a full pension, I presume he will not be required to make further search.
I am Sir, respectfully
Your Obedient
Robert E. Lee
J. L. Edwards, Esq. &c.