Revolutionary War Pension and Bounty Land Warrant Application File S. 22848, Henry Hubbard, New York

SERVICE
NUMBER
New York
Hubbard, Henry
S 22 848
CONTENTS

28885  New York
Henry Hubbard of Southampton in the State of N.Y. who was a private in the Company commanded by Captain Rodgers of the Reg't commanded by Col. Drake in the Rev. N.Y. line for 6 mos. $20.00
Inscribed on the Roll of New York at the rate of 20 Dollars per annum, to commence on the 4th day of March, 1834.
Certificate of Pension issued the 23 rd day of Aug. 1834 and sent to Hen. A. Winton Esq. S. Hampton N.Y.
Arrears to the 4th of March '34 - $ 60.00 Semi-annual allowance ending 11 Sept " - 10.00  $70.00
{ Revolutionary Claim, { Not June 7, 1832.
Recorded by Viril Luce Clerk Book E Vol. 4 Page 112
Amount to pay 1. Nov 1838.  Dead Paid at the Treasury and the 10 th April 1838, grant 4 Sep 1838 to 8 March 1839. - agt notified 26 March 1840

TREASURY DEPARTMENT,
Second Comptroller's Office,
March 1 st , 1841.
Sir :
Under the act of the 6th of April, 1838, entitled "An act directing the transfer of money remaining unclaimed by certain Pensioners, and authorizing the payment of the same at the Treasury of the United States," The child ren of Henry Hubbard a Pensioner on the Roll of the New York City Agency, at the rate of Twenty Dollars and _____ Cents per annum, under the law of the 7 th June 1832, has been paid at this Department, from the 4 th of Sept. 1838, to the 8 th March 1839.
Respectfully yours,
William L. Parris
Comptroller.
To the Commissioner of Pensions,
Present.

State of New York } ss: Suffolk County.
On this Twenty seventh day of May in the year 1834, personally appeared in open court, before the Judges of the Court of Common Pleas in and for the County of Suffolk aforesaid, now sitting, Henry Hubbard, a resident of the Town of Southampton, in said County and State, aged eighty one 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 herein stated: Joshua Rogers, Captain - William Clarke, First Lieutenant.
Drake, Colonel. That he entered the service on or about the first day of April in the year 1776 in the Company commanded by Captain Joshua Rogers, for the Term of six months, and was duly discharged from the same on or about the first day of October then next ensuing. That at the time he entered the said service he was residing at Middle Island, so called, in the Town of Brookhaven, in said County of Suffolk. That he enlisted there as a Volunteer soldier. That soon after his enlistment he marched with said Company on foot to Huntington in said County, a distance of upwards of twenty miles, and thence embarked on board a Sloop for the City of New York. That until the battle upon Long Island, near Brooklyn, he was engaged on duty in and near the City at Greenwich in making fortifications or Forts. That he was engaged in the battle upon

Long Island, near Brooklyn, in the Month of August 1776. Saw General Washington and Sullivan there - assisted in collecting the wood for the fires made on the evening of the defeat of the Army - and was one of the soldiers that retreated by order of General Washington off of the Island to the City of New York and thence into the State of New Jersey, across the Hudson or North River - That after they landed in New Jersey they marched up the Hudson several miles and the Company to which he was attached again crossed the River into the State of New York - That after regularly serving out the term of his enlistment in said Company he was duly discharged by Captain Rogers in West Chester, in the State of New York aforesaid. That on his return home he passed through the Western part of the State of Connecticut to New Haven - thence across the Long Island Sound aforesaid to Brookhaven, his home - That it was late in the fall of the year 1776, and cold, when he crossed the Sound -
That he was born in Satanket Town, Suffolk County, New York in the year 1753. The record of his age is not in his possession and believes it to be destroyed - Since the Revolution he has lived in Satanket and in the Town of Southampton, in Suffolk County aforesaid and that he now resides in Southampton - That he has no documentary evidence in his possession - and that he knows of no person living who can testify to the said service -
That he is acquainted with the Reverend Nathaniel Peter Fanning, Deacon Joseph Penny and the Rev.

erend William Benjamin - who can testify to my character for veracity, and their belief of my services as a soldier of the Revolution.
I hereby relinquish every claim whatever to a pension or annuity except the present and declare that my name is not on the pension roll of the agency of any State.
Sworn to and subscribed, the day and year afore- said.
Henry H. Hall
Attest
Joseph A. Huntington Clk
We, Nathaniel Jennings a Clergyman residing in the Town of Southampton  Hampton and William Giffing resi- ding in the Town of Riverhead  Hampton , both in the County of Suffolk aforesaid, hereby certify, that we are well acquainted with Henry Hubbard who has sub- scribed and sworn to the above declaration, that we believe him to be eighty one years of age; that he is reputed and believed in the neighborhood where he resides to have been a soldier of the Rev- olution, and that we concur in that opinion - Sworn and subscribed the day and year aforesaid
Attest
Joseph A. Huntington Clk
William Giffing Nathaniel Jennings

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 Nathaniel Fanning who has signed the preceding certificate, is a Clergyman resident in the Town of Southampton  Southampton , and that William Griffig who has also signed the same, is a resident in the Town of Long Island  Long Island , and is a credible person, and that their statement is entitled to credit.
I, Joseph R. Huntington, Clerk of the Court of Common Pleas in and for the County of Suffolk aforesaid, do hereby certify that the foregoing contains the original proceedings, of the said Court in the matter of the application of Henry Hubbard for a pension.
In testimony whereof, I have hereunto set my hand and seal of office this Twenty Seventh day of May in the year Eighteen hundred and Thirty four.
Joseph R. Huntington Clk

State of New York)
Suffolk County § P: Jedidiah Williamson of the Town of Brookhaven, in said County being duly sworn doth depose and say that he is well acquainted with Henry Hubbard in the annexed Declaration mentioned. That he was well acquainted with him in the year seventeen hundred and seventy six. That he knew said Hubbard as a private soldier in the company commanded by Joshua Rogers in the year 1776 aforesaid. That William Clark and Ebenezer Phillips were Lieutenants of said company and Samuel Drake was Colonel; and John Hartwell Lieutenant Colonel. That he this deponent was also a private in said company and receives a pension from the Government of the United States by reason of his services in said company. That he this deponent and said Hubbard were both at the Battle on Long Island in the year 1776 in the month of August and retreated by order of General Washington off through the City of New York as mentioned by said Hubbard except that it is the opinion of said deponent that the said company leaped over King Bridge, so called to the main land. That he this deponent and said Hubbard served their regular term out in said company and were duly discharged together with the whole company and permitted to return home in the month of December, he thinks, and not in the fall as stated by said Hubbard. That said Hubbard was a good soldier and served full six months in said company.
Subscribed and sworn This 27 th day of June 1834 before me
Jedidiah Williamson
Sidney L. Griffin Notary Public

State of New York Suffolk County
82: I Sidney L. Griffin, Notary Public in and for the said County do certify that I am well acquainted with Jeremiah Williamson the person mentioned in the preceding affidavit and who has duly subscribed and made oath to the same - that he is a highly respectable member of the community in which he resides and that his statements under oath are entitled to credit. In testimony whereof I have hereunto set my hand and seal this 28 th day of June 1834.
Sidney L. Griffin
State of New York Suffolk County Clerk's Office, I Joseph R. Huntington Clerk of the said County do certify that Sidney L. Griffin is a Notary Public for the County of Suffolk in the State of New York that his signature to the above Certificate and likewise to the foregoing Affidavit of Jeremiah Williamson is his genuine hand writing. Witness my hand and Seal of office this 30 th of June 1834.
Joseph R. Huntington
As the drafter of the application of Henry Hubbard for a pension
312 94
Rev. A. Huntington
acknowledged before me 20th

31294 Henry Hubbard
adm
m. proof
Hon. A. Huntington No. Repre!

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, shewing the Service of Henry Hubbard
   Period when the service was rendered. Duration of the claimant's service. Rank of the claimant. Names and rank of the Field officers under whom he served. Age at present, and place of abode when he entered the service. Proof by which the declaration is supported.   Years. Months. Days.     1 apt 76 6 Capt Rogers Col Drake 81 in 34 Suffolk N.Y.  
I am, respectfully,
Your obedient servant
JAMES L. EDWARDS,
Commissioner of Pensions.
[Faint, illegible handwriting at the bottom of the page]

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) _____, who has 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 days 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.
(l) 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
Proof of service should be produced by a claimant still residing in the state where the service was performed.

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 inquiry 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, deposeeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service; but, according to the best of his recollection, he served not less than the periods mentioned below, and in the following grades:—For _____ year _____ months, and _____ days, I served as a _____. For _____ months and _____ days, I served as a _____; and for such service I claim a pension."
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. ?

Resolutions
22848 INVALID.
File No. 22848
Henry Hubbard Rev War
Act: June 7 th 39 th
Index:—Vol. 2 , Page 125
[Arrangement of 1870.]

Not
Hon. Abel Huntington of the House Representatives Washington
Should Mr. Huntington have left Washington this communication may be handed into the War Department Pension Office Washington
Hon. A. Huntington

Hon. Abel Huntington of the House Representatives Washington
Hon. A. Huntington
Should Mr. Huntington have left Washington this communication may be handed into the War Department Pension Office Washington
Not

Suffolk Court House, New York -
Hon. Abel Huntington
Dear Sir Enclosed are the pa- pers in the application of Henry Hubbard which you caused to be returned for further proof of service. I have informed Mr Hubbard and his friends have obtained the affidavit of Jeremiah Williamson, the father of our Judge John M. Williamson, with whom you are acquainted. Mr Williamson draws a pension by reason of his services in the Company with Mr Hubbard as stated.
As it is uncertain whether you will be in Wash- ington when this arrives there I shall take the Liberty to also address it to the care of the Pension Office.
With great respect, &c.
Henry L. Griffin
June 28. 1834
Hon. Abel Huntington

Mechanics Bank New York 30 th October 1838
Sir
I enclose for your examination, the papers in the case of Henry Hubbard, a pensioner under the act of 7 th June 1832, at Seventy Dollars per annum, who claims his pension from the 4 th of September 1837.
I also enclose the papers in the case of Edward Duffy, an Invalid pensioner at eight Dollars per month, who resides in the city of Dublin Ireland, and who claims his pension from the 4 th September 1837.
Very Respectfully Your Obedt Servt
James S. Edwards Esq Commissioner of Pensions Washington W. Knapp Puck