Revolutionary War Pension and Bounty Land Warrant Application File S. 5,593, John Hubbard, Conn.

SERVICE
NUMBER
conn.
Hubbard John
S.5593
CONTENTS

14595 New York
John Hubbard of Allegany Co in the State of New York who was a Sifer in the Company commanded by Captain Abbott of the Regt: commanded by Col. Ely - in the Ch. one time for brk.
Inscribed on the Roll of New York at the rate of 22 Dollars 00 Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 3 day of June 1833 and sent to A. P. Potter. Cooperstown
Arrears to the 4th of March 1833 $44. 00 Semi-ant. allowance ending Sept. - 11. 00
$55. 00
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by W. L. Williams Clerk, Book E Vol. 4 Page 60

John Hubbard New York N o 23267.
admitted. 6 mo. Sips.
E. D. Potter, esq. Coopers town Otsego co. N.Y.

WAR DEPARTMENT,
Pension Office,
Sir:
The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in a tabular form. On comparing these papers with the following rules, and the subjjoined 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 John Hubbard
   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.     August 1776 drafted 3 Pifer. Capt. A. = batt Col. Ebene = Gen Williams From Brooklyn thru Hart- ford & New Haven 75 years Brooklyn Conn! Traditiunary Witnesses   Decemr 1776 enlisted 3 " Capt. E. Halbrook Col. Ely Lt. Col. Saml M c Lean  
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 } County of } 88.
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 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 (i) 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 (1) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his alleged service, as they are known at the Department. A very full account of the services of each person 

will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County, in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.
The Court will propound the following (m) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.
 1. Where and in what year were you born?  2. Have you any record of your age, and if so, where is it?  3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?  4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom?  5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services.  6. { To a Soldier. } Did you ever receive a discharge from the service, and if so, by whom was it given and what has become of it? { To an Officer. } Did you ever receive a commission, and if so, by whom was it signed, and what has become of it?  7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution. 
The Court will see that he answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant.
The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons—one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion. If one of these persons is a Clergyman, the Court will so certify, and they will also certify, to the character and standing of other persons, giving such certificates.
The traditional evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party. And the Courts are requested to be very particular in the enquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
Applicants unable to appear in Court by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court.
Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature.
No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.
[a] The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance.
[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.

In the matter of
John Hubbard
A Pension
23267
E. S. Potter
Coopers town
Otsego Co
N.Y.

Declaration, in order to claim the benefit of the Act of Congress passed June 7th. 1832 —
State of New-York §
On this fifth day of February in the year of our Lord one thousand eight hundred & thirty three personally appeared in open Court before the Judges of the Court of Common Pleas of the said County of Otsego now sitting, John Hubbard a resident of the town of Laurens, in the County of Otsego and State of New-York aged seventy five 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 7th. 1832 — That he entered the service of the United States under the following named Officers and served as herein stated —
That he was drafted for the term of three months (at Brooklyn in the State of Connecticut where he then resided) in a Company commanded by Captain Abbott in the Regiment commanded by Col. Ebenezer Williams, sometime in the month of August 1776 — he left Brooklyn on the 6th. of September 1776 & marched through Hartford & New-Haven in the State of Connecticut, crossed the Hudson River near Fort Washington, and was on the north end of York Island the night in which the city of New-York was burnt — he went from thence to Bergen in the State of New-Jersey & to what was called the English neighborhood — And at the end of the said three months he received his discharge at the said English neighborhood, in the State of New-Jersey; That he was a Fifer in the said Company, during the said three months that he served therein —
That afterwards on or about the 15th. day of December 1776 he enlisted in a Company commanded by Captain Ebenezer Holbrook, in Col. Ely's Regiment at Brooklyn aforesaid, that soon after his enlistment the said Regiment was divided and the Company to which this applicant belonged was assigned to that part of the Regiment, which, in the division, fell to the Lieutenant Col. Samuel W m Glenham; that this regiment marched to Providence in the State of Rhode-Island where this applicant was stationed during the three months for which he enlisted

in the College at that place. That he enlisted as a fifer in said Company and continued to serve as such during the three months for which he enlisted, when he was discharged at Providence aforesaid. That whole time of service for which he claims a pension is Six Months — That he has no documentary evidence other than the affidavits of Amos Westcott, William Bennett and Ezra Cady — He refers the Court to Doctor Thomas Fuller, William Aplin, Samuel S. Bowne Esquire, attorney & counsellor at law, as to his reputation for truth & veracity, and as to reputation for services — his discharge is lost or mislaid so that it is not now in the power of the applicant to produce it —
He hereby relinquishes every claim whatever to a pension annuity, except the present, and declares that his name is not on the pension roll of the agency of any State — Sworn to & subscribed the day & year aforesaid in open Court
He was acquainted with General Greene in his first Enlistment — and at his second, General Spencer, That after he returned to Brooklyn he resided there during the most of the time until he was 45 years of age, when he removed to the County of Otsego where he has remained ever since, he hereby relinquishes every claim to pension but the present, and declares that his name is not on the pension roll of the agency of any State — He never received any written discharge at the end of either of his engagements —
Sworn to & subscribed the day before aforesaid in open Court
Horace Lathrop. Clerk
John Hubbard
We Samuel S. Bowne of Laurens in the county of Otsego & State of New York & Thomas Fuller of the village of Cooperstown in said County, hereby certify that we are well acquainted

with John Hubbard who has subscribed & sworn to the above declaration, that we believe him to be 75 years of age that he is reputed & believed in the neighborhood where he resides to have been a soldier of the revolution that we concur in that opinion - Sworn & subscribed the day & year aforesaid in Open Court Sam l S. Bowne Thomas Fuller Horace Lathrop. Clerk.
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 Thomas Fuller who has signed the preceding Certificate is a physician, residing in the village of Coopers town & that Samuel S. Bowne who has also signed the same is an Attorney & Councillor of this Court and that they are both credible persons & entitled to credit in their statements -
James O. Morn James G. Waneos M c Judges Ephraim Foster
I Horace Lathrop. Clerk of the Court of Common Pleas in & for the said County of Otsego. do hereby certify. that the foregoing contains the original proceedings of the said Court in the matter of the application of John Hubbard, for a Pension. -
In testimony whereof I have hereunto set my hand, and Seal of Office this 18 th day of February 1833. Horace Lathrop. Clerk.

Rev War
5593
INVALID.
File No. 5593
John Hubbard Files Rev War
Act: June 1 st 32
Index:—Vol. M , Page 184
[Arrangement of 1870.]

State of New York } Chenango County }
Amos Westcoat of the Town of Norwich in said County, being duly sworn deponeth and saith that he is seventy one Years old and he is well acquainted and who has a boy with John Hubbard of the Town of Laurens in the County of Otsego and State aforesaid, an applicant for a pension. This deponent further says that on or about the 15 th of December 1776 the said applicant enlisted in the Town of Brooklin in the County of Windham and State of Connecticut, in Captain Ebenezer Holbrooks Company, in Col. Glys Regiment but soon after the Regiment was divided and Col Samuel McClellan took command of that division which the said applicant belonged to, for the term of three months. This deponent further says that the said applicant was marched from the said Town of Brooklin to the Town of Providence in the State of Rhode Island where he was stationed in the College of that Place until the expiration of the said term of three months at which time this deponent and said applicant was verbally discharged.
This deponent further states that the said applicant enlisted for the above mentioned term as a Fifer and served as such and further saith not
Subscribed and sworn this 12 th day of January 1833 before me
Amos Westcoat
Charles York Judge of Chenango County courts

I certify that I am well acquainted with Amos Westcot the within named deponent and believe him to be a man of faith and credibility
Jany. 12 th 1833
Charles York Judge of Chenango County Court
State of New York County of Chenango ss. I, James R. Pike clerk of the said County do certify that Charles York Esquire before whom the within affidavit purports to have been sworn and whose name is signed to the prece- ding Certificate of character, was at the date of the same one of the Judges of the Court of Common Pleas in and for said County - and that I am acquainted with his handwriting and truly believe his name subscribed to the said affida- vit and the said Certificate to be his genuine handwriting and signature
witness my hand and seal of Office this 12 th day of January 1833 P. B. Prindle Dep. Clerk

In the matter of John Hubbard
A, Pensioner

I William Barrett of Brooklyn in the County of Windsor in the State of Connecticut aged eighty one years do testify and say that in the month of August 1776 I was drafted and served a term of duty in the service of the United States for the term of 3 months in the Company commanded by Cap t Abbott in the Reg t commanded by Col c Ebenezer Williams. I left said Brooklyn on the 6 th day of Sept r 1776 with said Comp y & Reg t & marched through Hartford to New Haven (Conn.) and crossed the North River near Fort Washington, and was on the North end of York Island the night in which the City of New York was burnt & went from thence to Bergen and the English neighborhood in New Jersey, and at the end of said three months I was discharged at the English neighborhood aforesaid. I well recollect that Mr. John Hubbard who now lives in town of Laurens in the State of New York was a Piper in the aforesaid Company, and that we both entered said Comp y at the same time, and that said Hubbard continued the time in said company with me for the full period of three months in said Comp y & Reg t as above stated, and we slept in the same tent almost every night during said term, and were both discharged at said English neighborhood at the same time, and we returned a part of the way home together, -
And further the deponent saith not -
Brooklyn December 12 th 1872 William Barrett

State of Connecticut } County of Windham } Brooklyn Dec r 12 th 1832
Then Mr. William Banett who signed the foregoing affidavit, and who is a credible witness, personally appeared and made solemn oath to the truth of said affidavit. Before me Armin Bolles Justice of the Peace
I, Ezra Cady of Brooklyn in the County of Windham and State of Connecticut aged seventy seven years, do testify & say that in the month of August in the year 1776 I was drafted and served a term of duty in the service of the United States for the term of three months, in the Comp y commanded by Col. Stott, in the Reg t commanded by Col. Ebenezer Williams. I left said Brooklyn early in the month of September, 1776 with said Comp y & marched through Hartford New Haven & and crossed the North River near Fort Washington, and was on the south end of York Island the night in which the City of New York was burnt, and we marched from thence to Bergen and the English neighborhood in New Jersey, and to Bowler's Hook, & and at the end of said 3 months I was dismissed with said Comp y & Reg t at the English neighborhood, at which time Generals Washington & Putnam were present. I well recollect that Mr. John Hubbard who now lives in the town of Laurens in the State of New York, was a fifer in said Comp y and that he entered the same at said Brooklyn with me and that he continued to serve in said Comp y as fifer in New Jersey, and I have no doubt but that he served for the period of 3 months in said Comp y as above stated. said Comp y & Reg t was both dismissed at the same time - And further, the deponent saith not -
Brooklyn Dec r 17 th 1832.
Ezra Cady
State of Connecticut } County of Windham } Brooklyn Dec r 17 th 1832. Then
Mr. Ezra Cady signed of the above affidavit, who is a credible witness, personally appeared and made solemn oath to the truth of the same.
Before me Armin Bolles Justice of the Peace

I Ammius Bolles Clerk of the County Court within and for the County of Windham in the State of Connecticut do hereby certify that Ammius Bolles before whom the foregoing Affidavits were made, is duly enrolled as a Justice of the Peace in and for said Windham County. That the foregoing signatures of his name are in his hand writing in due form -
In testimony whereof I have hereunto set my hand and affixed the seal of said Court at Brooklyn in said County this 17 th day of December, A.D. 1832.
Ammius Bolles Clerk