Revolutionary War Pension and Bounty Land Warrant Application File S. 13357, Niles Helme, R.I.

SERVICE
NUMBER _____
R.d.
Helme, Niles
S 13357
Carded
CONTENTS

14152
14845
New York
Niles Melvin
of Chautauqua in the State of New York who was a Private in the Company commanded by Captain Bates of the Regt; commanded by Col. Potter in the R. I. Militia for 9 mos 10 ds.
Paid at the Treasury under the Act of 6 th April 1838 from 4 th Sept r 1837 to 19 th January 1838. Agent notified April 25 th 1842
Inscribed on the Roll of New York at the rate of $1 Dollars 10 Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 11 day of May 1838 and sent to D. A. Osborn Mayville
Arrears to the 4th of March 1833 $102.00 Semi-annual allowance ending Sept r 15.55
$77.75
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by W. L. Williams Clerk, k Vol. 4 Page 10
26

14,845
Miles Holmes
cont.
J. A. Osborn Mayville Chautauqua County N. York

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 show what is necessary to be done. These points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus: } ). You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your claim.
A Statement, showing the Service of Miles Holmes of Chautauqua County - N. York
   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.     1778 30 Capt Babcock Col Potter Battle between Butts Hill & Turkey Hill Thru Rhode Island South Kingston Wash-ington County R. Island Revolutionary Evidence   " 1779 30 " "   one 40 Barber "   near 6 Garn. Woodson Dyer aged 84 years  
I am, respectfully,
Your obedient servant,
J. L. EDWARDS,
Commissioner of Pensions.

REGULATIONS UNDER THE ACT OF JUNE 7, 1832.
The following regulations have been adopted:
This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army, and to include under the terms "Continental Line," "State troops," "militia," and "volunteers," all persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, &c. Teamsters, Boatmen, &c. Persons who served on board of Private Armed Vessels are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service.
Four general classes of cases are embraced in this law:
 1. The Regular Troops.  2. The State Troops, Militia, and Volunteers.  3. Persons employed in the Naval service.  4. Indian Spies. 
As rolls of the regular troops in the Revolutionary War exist in this Department, all persons, claiming the benefit of this law as officers, non-commissioned officers, musicians or privates, will in the first instance, make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides. And every Court having by law a seal and Clerk is considered a Court of Record.
DECLARATION,
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
State, Territory, or District of } ss. County of }
On this day of personally appeared (a) before A. B. a resident (b) of in the county of and State, Territory or District of aged (c) years, who being first duly sworn, according to law, doth on his oath make the following declaration, in order to obtain the benefit of the provision made by the act of Congress, passed June 7th, 1832. That he enlisted in the Army of the United States in the year (d), with and served in the (e) regiment of the line, under the following named officers:
[Here set forth the names and rank of the Field and Company Officers; the time he left the service; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers;) the town or county and State in which he resided when he entered the service; the battles, if any, in which he was engaged, and the country through which he marched. This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.]
He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of
Sworn to and subscribed the day and year aforesaid.
A. B.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states.
I of the Court of do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of for a pension.
In testimony whereof I have hereunto set my hand and seal of office (i) this day of &c.
If, on examination of the proper record the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out.
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz:
(k) We, A. B., a Clergyman, residing in 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 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 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.

Declaration of Niles Helms for 14845 a Pension under act of 7. June 1832 Rhode Island Militia
T. A. Osborn Agent. Mayville, Chaut. Co. N. York
adm d 9 mo 1000 per $31.11 -

Declaration In order to obtain the benefit of the act of Congress passed June 7th 1832.
State of New York County of Chautauqua On this 12 th day of October 1882 personally appeared in open Court before the Judges of the Court of Common Pleas of the said county of Chautauqua one Silas Gilas He was a resident of the town of French Creek in the said county of Chautauqua and State of New York aged eightyfour years the fourteenth day of February last 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 hereinafter stated. On the night of the tenth day of December 1777 he then living at Farmington in the State of Connecticut  at South Farmington the British under Sir John Wallcutt landed in the neighborhood of Delaware & by the fire of musketry roused DeLarent from his bed who seized his gun & went out to meet the enemy but being advanced with such force that they routed the militia and DeLarent returned to his house just in time to save his wife and children before they advanced and set his house on fire and destroyed all his property. In 1778 as DeLarent believes and in the month of March of that year DeLarent was drafted to serve a tour of thirty days in South Farmington in the county of Washington and State of Rhode Island where DeLarent then lived under Capt. Stephen Babcock and Lieutenant Joseph Carpenter in the regiment commanded by Col. Thomas Potter for the purpose of guarding the coast he was DeLarent at this time at a point called Gardner's Point or West Quai and quartered at one Pennock's. He served out his thirty days there and returned home. The following year in the month of March as DeLarent believes in the Spring at any rate he was again drafted to serve another term of thirty days under the same officers above named and in the said town of South Farmington but at a different point on the coast viz, near the North Ferry and where one Gardner resides whose christian name as DeLarent believes was Silas and at whose house the company quartered.

During this tour the British attempted a landing near where Declarant was stationed with a view to forage and plunder they were attacked by the force with Declarant and without much difficulty driven off. That Declarant's next tour of duty was with Genl. Sullivan when he attempted in conjunction with the French fleet to expel the British from Newport. Declarant was first drafted on this tour for twenty days with the expectation that the battle expected between Genl. Sullivan and the enemy would take place within that period but did not and Declarant's tour was prolonged to forty days. During the first twenty days Declarant was stationed at Thomas Green's near the bridge that crossed the narrow River called the narrows river Bridge in the town of South Kingston under one Capt. Barker but in the same regiment in which his other tours were performed commanded by Col. Potter. From narrows river bridge Declarant was marched to Wickford in North Kingston where they took shipping and landed near the North end of Rhode Island Declarant was at this time under the command of Col. Dyer and Capt. Dan Gardner and remained under their command until the expedition terminated. From the place of landing Declarant was marched to join the main army near Common Hill where the army lay then about fifteen days as near as he can at this time recollect when they retreated back to Batts Hill. The retreat of the army was commenced near evening a guard of five hundred men was left to cover the retreat and movements of the main body. These men remained through the night and getting lost in the fog the next morning which was very thick were attacked and much harassed by the British after they had discovered the removal from Camp before they could join the army at Batts Hill. The enemy the day after the retreat came to our position and commenced the attack which resulted in a general battle between Batts & Turkey Hills. The battle commenced at about 8 o'clock in the morning and continued to about the middle of the afternoon when the enemy sent a flag to ask a truce to bury their dead General Sullivan granted the request and sent back word to the British Comm-

=ander that before the next morning he would bury them all The enemy became alarmed lest their retreat should be cut off by our forces and the next night after the battle retreated back to their fort near Tommoroy. Here which enabled Gen. Sullivan to effect his retreat from the Island without further molestation. The army with Dulerant went over to Liverton where after remaining some two or three days he was discharged and went home during the battle Dulerant was in the right wing which was actively engaged with the enemy and fought through the day Dulerant must have enlisted for six months under Capt. John Hearn who had charge of a gun for defending the Beacon light on Little Rist Hill in South Hington and served out his time in that duty. William Lunt was engineer of the gun and got severely wounded by an accidental discharge. Besides these several services Dulerant has at various times turned out as a volunteer under alarm as was the custom of most of the population at that day who were able to do service. Sometimes remaining one two or three days sometimes to relieve or defend or unload vessels or repel predatory invasions of the enemy but the precise time of which in all or in any individual instance Dulerant is unable to state. (After this time the coast was in a continued alarm and Dulerant in the service from time to time and was in service at the time the ship Columbus was taken and burned and reproduced repeated services to the am- ount of three months on these occasions). Dulerant has has no documentary or written evidence of his services he hereby relinquishes every claim whatever to a pension or annuity except the present and asks that his name is not in the pension roll of Army State

To the particular interrogatories propounded by the Court Declarant answered that he was born as above stated at North Kingston in the county of Washington in the State of Rhode Island on the 14th day of February 1718 that he has now no more of his age as having been known in his house by the enemy in 1778 on Conanicut island.
When called into service and during the time his several services were rendered he resided in the said town of North Kingston From thence he removed to Amsterdam in Montgomery county in the State of New York from Amsterdam to Westmoreland in Onondaga county N.Y. from thence to Fabius in the county of Onondaga and then to Amsterdam again from thence to French Creek in the county of Chautauqua where he now resides Declarant was sometimes drafted and sometimes volunteered as is particularly set forth in the foregoing declaration of Declarant Declarant was not with any regular troops except at the battle under Genl. Sullivan in which Genl. Sullivan was killed and Capt. William Potter whom as in the battle with Declarant he had also lost both were in the regular service and in the battle above mentioned (viz) Peter Schuyler who was an orderly sergeant and William Redman who was a lieutenant of General circumstances Declarant can say no more than is above set forth he never received any written discharge but was dismissed when his term was finished and permitted to go home
Niles Nelson
Sworn and subscribed to the day and year aforesaid before me
Marcelus Judge Genl Com Miss

State of New York Chautauqua County ss  John Helmes a resident of the town of French Creek in said county aged sixty years on the twenty ninth day of last August being duly sworn deposeth & saith that he has heard the declaration of the above named Miles Helmes read that he is the son of the said Miles Helmes and resided with the said Miles Helmes from his birth up to this time with the exception of the time between the time that the said Miles Helmes left Sabine for Amsterdam until his settlement in French Creek as particularly mentioned in the foregoing declaration. That he distinctly recollects the alarm and burning of the said Miles Helmes' house by Sir James Wallcut as related in said declaration that he will recollect the Sullivan expedition and knows the said Miles Helmes was in said expedition - and that he will recollect the enlistment of the said Miles Helmes under Capt. John Warden for defending the Beacon light as set forth in the said declaration and many other particulars set forth in the said declaration and that there is not any thing stated by the said Miles Helmes in his said declaration but that deponent will recollect same knowing to be as then stated.  Sworn and subscribed to on the day and year aforesaid before me J. Brooks J.P.  John Helmes
We Alanson Pease - a clergyman residing in the town of Mina- tating French Creek, in the county aforesaid and John Dodge Jr., residing in the same place hereby certify that we are well acquainted with Miles Helmes who has subscribed and sworn to the above declaration that we believe him to be eighty four years of age on the 14th day of February last that he reputed & believed in the neighborhood where he resides to have been a soldier of the revolution & that we concur in that opinion.  Sworn and subscribed the day and year aforesaid  Alanson Pease John Dodge Jr.  M. Walworth Judge Chautauqua Co. N.Y.

And the said court do hereby declare their opinion after the investigation of the matter 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 certify that it appears to them that Alanson Pease who signed the preceding certificate is a clergyman resident in the town of Mina State of French Creek and county of Chautauqua and that John Dodge who also signed the same and John Helms who has subscribed and sworn to the preceding deposition are residents in the same county and credible persons and that their statements are entitled to credit
Judge
I James B. Blary Clerk of the court of Common Pleas in and for the county of Chautauqua do hereby certify that the foregoing contains the original proceedings of the said court in the matter of the application of Miles Helms for a pension and further that Jesse Brooks before whom the preceding deposition of John Helms was taken was on the day of the date thereof a justice of the Peace duly elected commissioned and sworn to that I am well acquainted with the hand writing of such justice and verily believe the signature of J. Brooks J.P. subscribed thereto to be the own proper hand writing of such justice in testimony whereof I have hereunto set my hand and seal of office this 12 th day October 1882 James Blary Clerk

Rev. War
13357 INVALID.
File No. 13357
Wiles Helms
Briv. Rev. War
Act: June 7 th 1832
Index:—Vol. 1 , Page 175
[Arrangement of 1870.]

TREASURY DEPARTMENT,
SECOND COMPTROLLER'S OFFICE,
April 13 th , 1842.
Sir:
Under the date 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 administrator of Niles Helme a Pensioner on the Roll of the Albany, New York Agency, at the rate of Thirty one Dollars and ten Cents per annum, under the law of the 7 th June 1832, has been paid at this Department, from the 1 st of Sept. 1837, to the 17 th Jan'y 1838,
Respectfully yours,
Edward B. Harris
COMPTROLLER.
To the COMMISSIONER OF PENSIONS, Present.

Mayville Chan. Co. N. York
October 18. 1832.
Hon. Lewis C. C. Secy of War.
Dr. Sir. I enclose for your consid.
eration for applications for pensions under the late act of Congress, from the following persons;
1 Elijah Look 2 George Darrow 3 Jon. Brigham 4 Richd. Whitney 5 Peter Barnhart 6 Oliver Stetson 7 Thos. Burch 8 Juvenil Winter 9 Joseph Jenkins 10 Levi Adams 11 Samuel Waterbury 12 Daniel Deming 13 Jas. Fetton 14 Niles Holmes 15 Benj. Selden 16 Widows of Robt. Dickson
If the regulation of the department is yet in force requiring recommendations, in favor of Agents personally unknown to the Department, I beg to refer you to the Hon. W. L. Marcy, of the U.S. Senate with whom I am well acquainted, & to the Hon. Martin Van Buren, with whom I have but a slight acquaintance, but think he will recollect me. Please forward certificates on claims allowed, as soon as the propriety upon the Department will admit & particularly in the last case, as the applicant is a widow in very reduced circumstances, & a certificate for the amount of pension due, would materially aid her through the coming winter.
Respectfully
Yours &c.
J. A. Osborne

BOUNTY LAND WARRANT RECORD CARD*
NAME Helme, Peleg GRADE Private LINE Rhode Island
WARRANT NUMBER 3213 ACREAGE 100 ISSUED Feb. 27, 1790 to Theo Fowler
*The information concerning the issuance of warrants carded on this form is found in volumes 2 to 4 of "Land Warrants Issued Prior to 1800" which are registers of bounty land warrants issued to non-commissioned officers and privates under congressional resolutions of September 16, 1776, and subsequent dates. Other records relative to the applications for warrants appear to have been destroyed in the War Department fire of November 9, 1800. Information concerning warrants surrendered to the Federal Government is to be found in General Land Office records in The National Archives.