Revolutionary War Pension and Bounty Land Warrant Application File R. 4932, Shamgar Hewitt, New Jersey Letter Of Marque

SERVICE
NUMBER
New Jersey Letter of marque
Hewitt, Shangar
R. 4932
CONTENTS
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Declaration, in order to obtain the benefit of the act of Congress of the 7th of June, 1832.
State of New Jersey } ss. On this seventh day of August 1832 personally appeared before the Inferior Court of Common Pleas for the County of Cape May sitting at the Court House in & for the County of Cape May, in open Court, Jeremiah Stewart a resident of Upper Township in the County of Cape May & State of New Jersey, aged Eighty two years & seven months, 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.
He was a duly Sergeant in a Company commanded by Capt. Jenkins, and Lieutenant John Rife, under Col. David Potter. Col. Potter was taken prisoner by the British Light Horse the same day the British came into Philadelphia in September 1777 - we fell under the command of Col. Daniel Markle - Deponent was at the battle of Red Bank - We were quartered at Woodbury in a Quaker meeting house before we went to Philadelphia. Col. Willman then took the command - Deponent was taken sick at Red Bank & removed to Haddonfield - This was while the enemy had possession of Philadelphia - was sick in Cumberland Shipyard's cellar, where his arms & accoutrements were left - Served on this tour as much as eight months. Prior to the above service Was under the command of Henry Stevens, who was Captain of the first guard ever kept at Cape Island, and Deponent was engaged in guarding the Coast as much as six months and afterwards under Captain Rife & Deponent served as much as three months. British try ran on the guard and with a six pounder we ran down & drove her off.
Deponent was on board the letter of marque Betsy, for seven months, Capt. James Leach Master, on a cruise to Guadalupe, Martinique & other West India Islands - Towards the close of the war, a sloop belonging to James Pickering of Philadelphia loaded with flour, had been taken by the enemy, parted her

cables in Delaware bay & came ashore, when she was taken by William Oldridge (who is now dead) and myself, toge- ther with seven prisoners who were lodged in gaol - Recollects on the day Col. Potter was taken, giving notice to Captain Utter who was left as a post guard that our people under Capt. Marshall had moved off without giving him notice, which saved him from being taken prisoner. Was a private on board the privateer brig Black Snake, Capt. McKeever  and the sloopener Hugh Captain Taylor is much of two months as much as three months - never received any discharge as he was always on the a- luffed flock out, ready to march at a moment's warning. He hereby relinquishes every claim whatever to a pension or annuity except the present, and declares that his name is not on the pension role of the agency of any state.
Shamgar Hewitt
Sworn & subscribed the day & year aforesaid J. Goff
We Ezekiel Stevens of residing in the County of Cape May and Parmenas Corson residing in the same, hereby cer- tify that we are well acquainted with Shamgar Hewitt who has subscribed & sworn to the above Declaration; that we believe him to be Eighty two 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 opin- ion.
E. STEVENS
Parmenas Corson
Sworn and subscribed, the day and year aforesaid J. Goff
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the territories 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 E. Stevens - who has signed the preceding certificate, is flagman resident in the County of Cape May.

and that Parmenas Corson - who has also signed the same is a resident in the County of Cape May - and are credible persons, & that their statement is en- titled to credit - By the Court
Josh Goff
I Jonathan Hand Clerk of the Court of Common Pleas for the County of Cape May, do here- by certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Shamgar Hewitt for a pension - In testimony whereof I have hereunto set my hand and seal of office this seventh day of August in the year of our Lord one thousand eight hundred & thirty two - Jonathan Hand
Cape May ss: Parmenas Corson aged seventy two on his solemn affirm- ation saith that he has been acquainted with Shamgar Hewitt for fifty years past and remembers his having been in the military service of the United States, during the revolution war & that he took an active part in said service & this Deponent believes the state- ment signed above by him, is correct -
Sworn August 7 th 1832 -
Josh Goff
Parmenas Corson
Cape May ss: Ezekiel Stevens aged forty two years maketh oath that he has been acquainted with Shamgar Hewitt the applicant for upwards of thirty years, that he has often heard his father Hen- ry Stevens in his life time speak of his commanding the Gnare at Cape Island during and at the commencement of the Revolutio- nary war, at heard him repeatedly state that Shamgar Hewitt was one of the men who served under him; the deponent has sat on the Bench as one of the Judges of Common Pleas of said County with him the said Shamgar Hewitt more than twelve years, and have always found him to be a man of veracity, honesty and integrity - E. STEVENS Sworn August 7 th 1832 - Josh Goff

Cape May
Declaration of Shangar Hewit Esq.
P.O. No 1752

Cape May Jp. Personally appeared on this fifth day of February 1833 before the Inferior Court of Common Pleas for the County of Cape May Shamgar Hewitt the Applicant in the annexed (Declaration men- tioned, 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 pe- riods mentioned below, and in the following grades: - I was a private under the command of Capt Henry Stevens & engaged in guarding the coast six months - I was orderly Sergeant and acted as such from the time I left Cape May in 1777 under Lieut John Reese, for Woodbury Phi- ladelphia, Coopers Ferry &c, until my return, which I believe to be eight months - I was armourer on board the letter of marque Betsy for seven months - was a pri- vate on board the privateer brig Black Snake, three months and the Schooner Hawk, two months - was engaged under Capt Amos Reese as a private in guarding the bay shore, three months - This was the last of my actual service, I served in all twenty nine months, eight months as an orderly Sergeant and twenty one months as a private The reason I have not obtained the evidence of a clergyman as to his belief respecting my age and the general belief in the neighborhood relative to my revolutionary service is, that there is no clergyman in the neighborhood, nor is there any one alive in the County I believe who has any knowledge what- ever upon the subject - Shamgar Hewitt Sworn in open Court
Greffe Townsend
I Jonathan Hand Clerk of the Court of Common Pleas in & for the County of Cape May do certify that the foregoing contains the Original proceedings of the Court & the supplementary affidavit of the ap- plicant in the matter of the application of Shamgar Hew- itt for a pension - In testimony whereof I have hereunto set my hand & seal of office this 6 th day of February A.D. 1833 - Jonathan Hand - Clerk

I Thomas H. Hughes formerly a- Member of Congress of the State of New Jersey County of Cape May, do certify that Jonathan Haid who has subscribed the above, is the clerk of the said County of Cape May, that I am acquainted with the hand writing of the said Jonathan Haid, that the above is his signature and that the Clerk of said County has no seal of any particular device or inscription —
Thos H. Hughes
Blanchard
25196

In the case of { Supplemental Vernon Hunt } Affidavits
Exhibit J.

Cape May Is: Thomas Hewitt, who is an applicant for the benefit of the act of Congress passed June 7 th 1832 being duly sworn deposes and saith that he was born in the year One thousand seven hundred and fifty, the 29 th day of January, it is recorded in the family bible which was taken by my oldest brother who removed to the State of Kentucky, at least fifty years ago - Declarant saith that he took a copy from the book before his brother removed from this State. I entered it in my own family bible, which he has now at home - He lived in Mid- dle Precinct of Cape May at the time he was called into service, has always lived & continues to live in the County of Cape May - entered the service as a Volunteer, under Captain Henry Stevens - Elijah Hand was the first Colonel the County had, is not positive he was in Commission at the time of Declarants entering into the service - Believes the County was some time without a Colonel after the commencement of the war - Our field Officers used to come from Phil- adelphia - I applied to Colonel Hillman for a dis- charge, who said he could not give me a discharge I then asked him for a parole - He said he could as soon give me a parole to go to the grave as to come home - Nathaniel Holmes, Parmenus Johnson, Ezekiel Stevens and John Stites are acquainted with my character & can give testimony - This Deponent is satisfied that the time he spent on board the letter of marque is not embraced in the Act if he relinquishes & abandons his claim for any maritime ser- vice - Deponent in his former calculation of eight months ser- vice in 1777-78 at Woodbury, Philadelphia, Cape May &c is sensible of having made a mistake of one month, as he was under the impression, we entered on the service in Au- gust, instead of September, which he is now convinced to be the truth (which correction will give seven months instead of eight -)  (titled after following when he continued in service) Deponent was a private under Capt. Ste- vens guarding the coast from 20 th June 1776 to 20 th Dec. 1776 six months, and from December 1778 to the last of February 1779 un- der Amos Cressie three months, making in all, seven months as a Sergeant and nine months as a private, during which he was not employed in any civil business - Sworn to, subscribed August 7 th 1833 Thomas Hewitt

Cape May, Nathaniel Holmes maketh oath, that Shamgar Hewit belonged to the same Company with himself in 1777 under Capt. Jenkins & Lieut. Cressie & that they marched together in Philadelphia and encamped in the State House the night previous to the British taking possession - Next morning early said Hewit acting as Orderly Sergeant, by orders from Colonel Hamilton (as he said) & myself with others of the Company, broke open the stores of William when in Front Street below Walnut in Philadelphia, in order to obtain supplies of Woollens & other articles suitable for the Army - Deponent knows that Shamgar Hewit was in the service while the British lay in Philadelphia, but how long said Hewit continued in the service, Deponent cannot say - When Deponent went home, he thinks, Hewit was left sick behind - Deponent knows that said Hewit took an active part in the service of his country during the Revolution, and believes his Declaration for a pension which Deponent has seen, contains the truth -
Sworn & Subscribed August 7 th
Nath. Holmes
1833
Greene Townsend
I Jonathan Hand Clerk of the Court of Common Pleas for the County of Cape May do hereby certify that the foregoing supplemental affidavits of Shamgar Hewit an applicant for a pension and of Nathaniel Holmes were taken before the Court on this 7 th day of August 1833 - Witness my hand & seal of office the day & year above mentioned -
Jonathan Hand - Clerk.
I Thomas Lee Member of Congress elect of the State of New Jersey & residing nearest the County of Cape May of any of the New Jersey Delegation do certify that Jonathan Hand who has subscribed the above is the Clerk of the said County of Cape May, that I am acquainted with his hand writing that the above is his signature & that the Clerk of said County has no seal of any particular device or inscription.
Thomas Lee

No 25196
Shanger Heart Cape May County New Jersey
subscribed
Return this Brief
Honble Thos. A. Hughes N. Jersey

New Jersey
   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.     Served - 6 - private Capt Stevens 82 years Testimonial evidence certified   Served 1777 - 8 - Orderly Capt Jenkins, Col Credible, no clergyman convenient.   Served - 3 - Serg t Potter 2 Witnessed that certified credible papers defective   Served - 7 - private on board of a letter of Marque Betsy Capt Leach   Served - 3 - Brig Black Snake   Served - 2 - Capt McReaven Schooner Hawk Battle of Cooper's Creek  
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 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 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.
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 claim cannot be had. Every claimant must state, with precision, the length of his service, and the period when 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. }

Shangar Hewitt (New Jersey Letter of Marque)
R.4932
An order to Shangar Hewitt signed Jonathan Jenkins, dated July 10, 1777 has been removed from this claim to be sent to the War Dept.
D.G.
Aug. 26, 1911
Sent to War Dept.
Jan. 16, 1913.

REJECTED
4932.
P. O. Thayer Hewit Service: _____
Enlisted: _____, 18
Discharged: _____, 18
Application filed: _____, 18
Alleges: _____ _____
Re-enlisted: _____ _____
Attorney: _____
P. O. _____ _____
_____ Recognized. _____ Contract.
_____ Cert. of Dis. Searched for _____, 18

New Jersey Revolt Shangar Hewitt Suspended
see letter &
Isaac M. Crand
26 oct. 1833,
Same & List. 1834
J. Hand Mar 28, 1854
4932
Act 7 June 1833

BAKERSFIELD CALIF. JAN 11 1891 the cases of Island & Kemp no papers 5 cases — 2 Correspondence of Friendship Washington D.C. 5

County Clerk's Office, Cape May C. H. N. J. March 21 st 1854. Hon. L. P. Waldo,
Sir,
I forwarded to S. M. Knight Esqr. of your City, some time ago, several Revolutionary Pension Claims for prosecution, two of which cases was for annuities due heirs of dec d . Pensioners. I have not heard from Mr. Knight since the 16 th of July last, and cannot imagine what is the cause of delay in the cases.
You will please inform me whether Mr. Knight has done any thing or filed any powers of Attorney in the following cases, to wit: Jeremiah Hand, John Grace, and Shamgar Hewitt (or Huit), and Henryazard,
Your letter of the 12 th Sept r . last, informed me that Mr. Knight had filed Powers of Atty. in the cases of Joshua Williams and Sarah Crawford.
The above named, are all the cases in which Powers of Atty. has been sent to Mr. Knight.
In the Month of May last, I sent him, (for Mrs. Amy Kemp, Widow,) a certificate of service of her dec d . husband Jacob Kemp, requesting him to forward blank Power Atty. to me for her to execute, and thought that Mr. Knight could soon procure a Pension for her, but I have not heard a word about her case from him. Could I not correspond with your Department direct , in her case, without his assistance? —

She is needy, and anxious to have justice in the matter done, I retained a copy of the certificate in her case, and send you the following copy from it.
Very Respecty.
Your ob t . Serv t . &c.
Jonathan Hand County Clerk
(Copy) Seal Commonwealth of Massachusetts,
Secretary's Office, Boston, April 29 th . 1853.
I hereby certify, that from an examination of the Books and Documents relating to Military services in the war of the Revolution, which remain in this Department, it appears, that the name - Jacob Kemp, is borne on a roll of Capt. Geo. Minots Co., Col. Ballards Regt., service in the Northern Department, as private, from Augt. 16 th to Novr. 30 th 1777. & 11 days travel home. - 3 months 25 days.
On roll of Capt. Daniel Goodwins Co., Col. Cogswell's Regt. for guarding in & near Boston, from Sept r . 23 rd . 1778, 3 mos. 10 days as private.
No further evidence of any one of the name
In Testimony Whereof I have hereunto affixed the Seal of the Commonwealth, the date above written.
(signed)
E. M. Wright
Secretary of the Commonwealth.

properly attached to the certificate.

BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of Shamgar Smith which require further proof or explanation.
I. Does the declaration show where the applicant resides?
II. Did the declarant make the declaration in the county where he resides?
III. If the applicant did not make the declaration in the county where he resides, is there any reason assigned for his not doing so?
IV. Has the declarant mentioned the period or periods of the war when he served? Not definitely.
V. * Has he mentioned 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?
VI. Has he given the names of the officers under whom he served, in conformity with the regulations?
VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832?
VIII. Has the Court given their opinion?
IX. Has the Clerk given his certificate?
X. Is the Clerk's seal affixed? And if so, has it a device or inscription by which it can be distinguished from any other seal? No!
The Seal, or the Official character and signature of the Clerk must be certified by a member of Congress.

XI. Has the applicant obtained the evidence of a clergyman and another respectable citizen as to their belief respecting his age and the general belief in his neighborhood relative to his revolutionary service? No! no clergyman
XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it? No!
XIII. If the applicant has no documentary evidence, and has not obtained the testimony of at least one living witness, has he stated in his declaration that such proof cannot be had?
XIV. If the applicant has produced a witness or witnesses as to his service, has the magistrate who administered the oath certified that he, she, or they are persons of credibility?
XV. Does it appear from any of the papers that the witness was in such a situation, or of such an age, as to have a personal knowledge of the applicant's service?
XVI. Are the papers authenticated as the regulations direct? No see Quere 16 (the papers are pinned together)
XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered?
EXPLANATORY NOTES.
*Quere V. 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."
[Handwritten notes at the bottom of the page, possibly bleed-through from the reverse side, including the word "Quere" and some illegible cursive.]

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.
† QUERE XIV.  Proof of Service.
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 claimants 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 affidavits must be properly authenticated, as above directed.
‡ QUERE XVI.  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 paper 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.
Service as a Marine Sailor in a ship 3 Note under Obj. 10—

Bridgeton (W.J.) August 31 st 1834
I was at Cape May in August Term, when Judge Hewitt (Shamgan) handed me the enclosed which he found - I send it to you as Corroborative Testimony, showing that in July 1777 he acted as a duly Sergeant - In your letter to the Hon. Mr. Parker of the 17 March last, you say Mr. Hewitt's case will be taken up as soon as practicable.
In the case of Joshua Williams, who is now deceased, I enclose you a Certified copy of the Minutes of the Court, showing that he died on the 17 th day of October last, and that he left a widow, Mary Williams, who lives in the County.
Col: Nathaniel Holmes (not Nathan) having left no widow & the heirs being numerous, nothing has been done & unless you can be satisfied that the Deeds of the Harlequin were public Vests, of which I have no additional evidence, a retraxit will be entered -
I enclose you the Papers of John Peters, with his supplemental affidavit agreeably to your directions - Mr. Jon: Hand the former (Clerk) died soon after the February Term - It was some time before Mr. Smith was appointed - at May Term I was on a visit to my friends in East Jersey - In this way, you will account for the delay - I wrote to Matthews, but al- tho' a neighbour to Smith they are not on as good terms, as they ought to be - Peters is very poor, aged & infirm - I do hope you may see his case in

161 a favorable point of view - Within a few weeks I am informed that he has applied to the Township for relief - The transmission of a Certificate will of- ford a balm to the worn out veteran - From ap- pearances, he has not long to live -
I am very Respectfully, Your obedt Servant Barn W. Crane
Hon. J. L. Edwards Comte
Hon. J. L. Edwards

10

[Faint, mirrored handwritten text, likely bleed-through from the reverse side of the page. The text is mostly illegible due to the orientation and fading.]

Saith that when in his Nineteenth Year of age he was in actual service as a Continental Soldier un- der the Command of Cap ty Henry Stevens, and that the aforesaid Shamgar Hewitt was to my personal knowledge was also a private in said Company of Guards at the same time, and that he was in actual service under said Cap ty Stevens, - who was Com- missioned as this deponent verily believes by the Am- erican Congress - and further this deponent saith
not. -
John Stites
Sworn and subscribed before me the 2 nd day of August A.D. 1833
Effie V. N. Justice of the Peace [Signature]
This will certify that I have been acquainted with Mr. John Stites the above named deponent for thirty years; that he is reputed to be a respectable and highly creditable citizen, and that full credence ought and may be placed in his testimony -
Effie V. N. Justice of the Peace [Signature]
Jonathan Hand Clerk of the Court of Common Pleas August 7 th 1833 of the County of Lapeer do hereby certify that Evan- kel Stevens who subscribed the above is a Justice of the peace for the County aforesaid and that the above is his signature - Witness my hand and seal of office this 7 th day of August 1833 - Jonathan Hand - Clerk

Bridgeton (N.J.) Sept 13 th 1833 J. L. Edwards Esq. Com d be Sir,
I enclose you the application of Col. Nathl. Holmes of Cape May for a pension, also the application of M aj General Ascutt Ely with supplementary affidavits - Col. Dickinson & Genl. Lynton rec d their Certificates thro' Mr. Hughes late Member of Congress to whom I transmitted the papers for his authentication - As the applicants in that case by you whom I was concerned live so far from Mr. Hughes, that it was with some difficulty he could forward them through John Peters had not received his when I was at the Cape in August - Joshua Williams was very sick & confined to his bed & not able to come to Court & by a letter rec d yesterday from Dennis Creek I learn he continues very low - You will observe that in Col. Holmes affidavit made in Hewitt's case I have neglected to obtain the certificate of the Court that he Holmes is a credible person, but the Court having certified that fact in another case (Col. Dickinson's) if I recollect right, I hope you will consider it as satisfactory - In the same case, the Court ordered that the word "is" should be altered to "are" & that an s should be added to the word person, so that as it (the certificate of the Court) now reads, E. Stevens & P. Crosson are both credible persons - Mr Jeremiah Scamey Member of Assembly from Dennis Creek & who wrote Williams original Deed, informed me he had seen him since your transmission of the papers & that he did not know how he could answer the question touching the period of his service with more precision than he had done - Considering his extreme old age & health, I beg the liberty to refer you to his supplemental affidavit for the period of his service, compared with his original statement - You will observe from his Deed that he receives $60. per annum from the State of New Jersey, which I understand according to the provisions of the statute will cease on his receiving a pension from the general government - He is an old veteran and according to general opinion, there is no one more meritorious.

among the applicants -
I am very Respectfully
Your obedt Servt
Isaac M. Lane

Mr. G. B. D.
Sept 16 RECEIVED SEP 18 1896
Monty J. L. Edwards
Commr of Pensions City of Washington
(A. E.)
Check
[Faint mirrored handwriting from the reverse side of the page]
11-10-96
11-10-96
11-10-96
11-10-96

Index
CONTENTS
Twelve horizontal dotted lines for writing entries in the left column of the contents.
Twelve horizontal dotted lines for writing entries in the right column of the contents.

3080-
Connecticut
Simeon Tervitt
of Preston in the State of Connecticut who was a Private in the Company commanded by Captain Miles of the Regt commanded by Maj. Humphrey in the Connecticut State Troops for 12 1/2 mo
Inscribed on the Roll of Connecticut at the rate of $5 - Dollars - Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 12 day of December 1832 and sent to Claimant
Arrears to 4th of Sep. 1830. $ 82
Semi-ant. allowance ending 4 Mar 1833 27-
$109
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by Erast Bullock Clerk
Book 5 Vol. 3 - Page 4

rep 9 apl 44

These may Certify that Simeon Hewitt and Mahala Hewitt both of Stonington preferred themselves and were joined together in the Ordinance of marriage the 18 th day of January A.D 1787 Per me Eleazar Brown Elder

Declaration in order to obtain the benefit of the act of Congress of the 7 th of June A.D. 1832.
State of Connecticut New-London County ss.
On this 18 th day of August A.D. 1832 personally appeared before the City Court in & for the City of Norwich in the County of New-London, Simeon Heavitt a resident & inhabitant of the Town of Preston in the County of New-London, and State of Connecticut aged sixty seven 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 th 1832. That he enlisted or was taken as a substitute for his father Simeon Heavitt then of Stonington in said County with whom he lived, and who was drafted from the militia to serve a tour of duty in the militia of two months at New-London in said County Capt. Christopher Moron commanded the Company & Stamford Billings was Lieutenant, both of Stonington the latter was next neighbour to my father & it was agreed to accept me as a substitute for my father, altho' I was not then sixteen years of age - My father marched to New-London, & the next day I repaired thither by his direction & the officers agreed to take me on trial, with an agreement on the part of my father to return if I did not answer the purpose. On trial they were satisfied with my services & I performed the whole tour of duty for two months, and was discharged at the end of that time

I cannot recollect the day of my joining the company. I know it was in the year 1779 & that it was in the month of October that I repaired to New-London on this service & that it was in the month of December 1779 when I was discharged. That in the month of February AD 1781 he enlisted into a company commanded by Capt. Charles Miles who then lived in Preston in said County for the term of one year to commence on the first of March AD 1781. That he was mustered at Stonington by Sergeant William Ellis & soon after he thinks in the month of April 1781 marched with a part of said Company to New Haven where we again mustered & marched from that place to Stamford, Horseneck & White Plains & were at several places in that vicinity until we went into winter quarters at Stamford in said State. That there were two battalions commanded by General Waterbury - Majors Humphreys and Shipman - the Brigade was commanded by General Waterbury - Major Humphreys was Commandant, Lieut. Bull was Adjutant - Major Webb was Brigade Major. Their christian names are not recollected - during this time several skirmishes occurred, in one of which Capt. Miles was taken prisoner at Age, & several men killed - (viz) John Benjamin & Benjamin Goff about thirty prisoners taken prisoners & several wounded.
That he continued to serve out the period for which he was enlisted & was honorably discharged at Stamford in the month of March 1782, he believes on the first day of March - but never had a written discharge. He produces the testimony of Doct. Bishop Tyle a respectable Physician of Groton who was in Company,

as waiter to Capt. Miles during said year
That in the summer following (viz) the summer of 1782 the precise time not being recollected, but it was during the season of haying, upon some alarm from Rhode Island, on one Sabbath day the Militia were called for by Capt. John Swan of Stonington & he proposed to raise a Volunteer Corps & I remember well that he promised a Silver Dollar to the Soldier who should first volunteer, which was taken by Ziba Baldwin. We were promised that if five would then volunteer, it should serve for the next two months tour in the Militia that being the period for which Militia were then drafted. I volunteered & marched to Rhode Island & joined a Company commanded by Capt. Joshua Whitford - but the alarm having subsided we returned, having actually served only fourteen or fifteen days.
That in the autumn of that year he served two months in the Militia at Fort Griswold in Groton near New London, commencing as he believes, in the month of October or November 1782, as a substitute for one Gilbert Holmes of Stonington who was drafted from the Militia for two months tour of Militia. Col. Samuel McChellan commanded at this place & also at Fort Trumbull on the other side of the River. Capt. Prentice commanded the Company to which I belonged - I served out the full period of two months & was discharged - I do not recollect to have ever received a Discharge in writing from either of the tours of duty which I performed in the revolutionary war.

I was as I believe born in Stonington & I believe in the month of June 1765. I well recollect that my age was a subject of conversation when I enlisted for one year, not having arrived at sixteen years of age until the June following.
I lived at Stonington at the times of all the services herein mentioned & have lived in that town and the town of Preston ever since. I now live & have lived in Preston for twenty four years last past & am known to many respectable persons there among whom are the Revd. Alfred Gates and James Mead Esqr. both of St. Preston whose testimony accompanies this Declaration.
He will recollect that while performing his year's duty from 1781. to 1782. he was at head quarters and there saw Genl. Washington. he went there to carry messages. He also recollects a day of rejoicing in the fall of 1781. at the news of the capture of Cornwallis at the South. He also remembers that Col. Seamans was killed near King's Bridge during the summer that he was at & in the neighborhood of Stamford.
Rev. Alfred Gates, James Mead Esqr., Elisha Leary Esqr. & others of Preston, can testify to my standing in society & believe of my services. I have no documentary evidence in my possession nor any record of my age, but as he is able to produce the testimony of Doct. Bishop Dyer a respectable Physician of Preston & of James Mead Esqr. & the Revd. Alfred Gates, he deems further testimony unnecessary.
He hereby relinquishes every claim whatever to a pension or annuity except the present, and declares that his name is not on the pension roll of the agency of any State.

State of Connecticut New London County ss.
We Alfred Gates a clergyman residing in Preston in the County of New London, State of Connecticut, and James Treat residing in the same hereby certify that we are well acquainted with Simeon Hewitt who has subscribed and sworn to the foregoing Declaration; that we believe him to be sixty seven years of age; that he is reputed and believed in the neigh- bourhood where he resides, to have been a soldier of the revolution, and, that we con- cur in that opinion.
Sworn and subscribed this 18 th day of August AD 1832.
Alfred Gates James Treat
New London County ss. Sworn August 18 th 1832 Personally appeared Mr. Alfred Gates - a Minister of Gospel. Subscribed to the above certificate and made oath to the truth of the same in due form of law before me,
Richard H. Morgan Justice of the Peace

State of Connecticut New London County ss I John D e Witt clerk of the County Court for s d New London County do hereby certify that Russell Morgan esq r before whom the within declaration of Alfred Gates & James Treat was sworn — is a Justice of the peace in and for s d New London County, & that his signature thereto affixed is in his own proper hand writing In testimony whereof I have hereunto set my hand and affixed the seal of said County this 20 th day of August A.D. 1832 John D e Witt Clerk

Sworn & Subscribed in open Court the day and year aforesaid Simeon Hewitt
City of Norwich for City Courts On this 18 th day of August A.D. 1882. personally appeared in open Court Simeon Hewitt above named & subscribed & made oath to the truth of the foregoing Declaration
Certified by Alex Lathrop Clerk
And the said Court do hereby declare their opinion, after the investigation of the matter and after putting the interrogatories prescri- bed by the War Department, that the above named applicant was a revolutionary soldier, and served as he states. And the Court further find & Certifies, that it appears to them that Eliphalet Gates who has signed the preceding Certificate is a Clergyman resident in the Town of Preston, in New London County and that James West Esq. who has also signed the same is a resident in said Preston and is a credible person and that their statement is entitled to cred'it
Certified by Alex Lathrop Clerk

4666 166 4833
State of Connecticut City of Norwich
admit 16 1/2 m o format $55 48:33 claimant
I Alexander Bathrop Clerk of the Court of the City of Norwich do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Simeon Hewitt for a pension
In testimony whereof I have hereunto set my hand and affixed the seal of said city Court this 18 day of August 1832 Alex Bathrop clerk
Ms. A. 9. 2. 489

Declaration.
In order to obtain the benefit of the act of congress of the 7th. July 1838. entitled "An act granting half pay and pensions to certain widows."
State of Connecticut New London county } ss Probate District of Norwich.
On this 8 th day of August 1843, Personally appeared before the court of Probate for the District aforesaid. Mahala Hewitt a resident of Ledyard in said county, aged seventy six years, who being first duly sworn, according to law, doth, on her oath, make the following declaration in order to obtain the benefit of the provision made by the act of congress, passed July 7. 1838, entitled "An act granting half pay and pensions to certain widows." — That she is the widow of Simeon Hewitt, who was, as she verily believes, a Private in the army of the revolution, and who was a Pensioner of the United States on the roll of the Connecticut Agency at the rate of Fifty Five Dollars per annum, under act of June 1832.
She further declares that she was married to the said Simeon Hewitt on the eighteenth day of January, seventeen hundred and eighty seven by Elder Eleazer Brown, that that she has a marriage certificate which is herewith annexed, — That her husband the aforesaid Simeon Hewitt died at Ledyard aforesaid on the tenth day of July 1843 (eighteen hundred and forty three) that she was not married to him prior to his leaving the service, but the marriage took place previous to the first of January seventeen hundred and ninety four, viz at the time above stated.
Mahala Hewitt
Sworn to and subscribed on the day and year above written. In presence of — Joseph Bedent
Before said court.
Attest
Asa Root, Judge.
(to over) And the said court do hereby certify that the said Mahala

Hewitt is a credible person and that her testimony is entitled to credit.
And that the name of " Simeon " was interlined in the foregoing declaration before signing.
Asa Root, Judge.
State of Connecticut New London County } vs. Probate Office, District of Norwich
I William L. Hommedieu, Clerk of the court of Probate for the district aforesaid, do hereby certify that the foregoing contains the original proceedings of the said court in the matter of the application of Mahala Hewitt for a pension. And as clerk of said court, I do certify that Henry W. Avery Esq. before whom the certificate of John S. Doyes Esq. hereto annexed, was sworn to, is a justice of the Peace for the county of New London aforesaid, duly commissioned and qualified, and that his signature written to the certificate annexed to said certificate is genuine. I also certify that Elias Hewitt Esq. before whom the deposition of Mr Benjamin Hewitt, hereto annexed, was taken, and  the Asa Root Esq. before whom the deposition of Mr Jesse Bodent hereto annexed, was taken, are justices of the Peace for said county of New London, duly commissioned and qualified and that their signatures written to the certificates annexed annexed to said depositions are genuine.
In testimony whereof I have hereunto set my hand and affixed the seal of said court this 8 th day of August 1843.
William L. Hommedieu Clerk

State of Connecticut To Stonington July 29. 1843
I John D. Noyes, Clerk of the Town aforesaid do hereby Certify that I have Carefully examined the records of this town (kept for marriages) to find the Marriage of Simon Hewitt to Mahala Hewitt, but do not find the same entered thereon
John D. Noyes, Clerk
State of Connecticut ss. New London County
Be it known that on the 29th day of July 1843 personally appeared before the subscriber a justice of the Peace for the county aforesaid, John D. Noyes Esq. Town Clerk of Stonington in the county aforesaid, and made oath that the the above certificate by him subscribed is true.
Henry W. Avery Justice of the Peace

I Jesse Bedent of Ledyard in the county of New London and State of Connecticut, aged Fifty one years do on my oath, depose and say that I was personally acquainted with Simeon Hewitt late of said Ledyard, deceased, that said Hewitt was a pensioner of the United States on the roll of the Connecticut Agency at the rate of Fifty five dollars per annum, that he died at said Ledyard on the tenth day of July eighteen hundred and forty three, that he left a widow, who now resides at said Ledyard and still remains a widow and whose name is Mahala Hewitt and further I depose and say not.
Jesse Bedent
State of Connecticut - of New London county Be it known that on the 8 th day of August 1843 personally appeared before the subscriber a justice of the Peace for the county aforesaid, Mr Jesse Bedent named in the above deposition and made oath that said deposition by him subscribed is true. And I certify that he is a credible person and that his testimony is entitled to credit.
Asa Root.
Justice of the Peace -

I Benjamin Hewitt of North Stonington in the county of New London and State of Connecticut aged sixty eight years, do, on my oath, depose and say that I was personally acquainted with Simeon Hewitt formerly of Stonington in said county, but late of Ledyard in said county, deceased, that said Simeon was reputed to have been a pensioner of the United States and is reputed to have died at said Ledyard within a few weeks past.
I further depose and say that I am personally acquainted with Mahala Hewitt, the widow of said Simeon, that she is half sister to me, and that her maiden name was Mahala Hewitt. — That the said Simeon and Mahala were married about eleven or twelve years before I was married, that I was present at their wedding, and that I was married to Desiah Babcock on the 20 th day of October seventeen hundred and ninety eight, that the said Mahala is now reputed to reside in Ledyard aforesaid. and further I depose and say not, except that the said Mahala resided in Stonington at the time she was married to the said Simeon as aforesaid.
Benjamin Hewitt
State of Connecticut of New London county.
Be it known that on the 5 th day of August 1843 personally appeared before the subscriber a Justice of the Peace for said county, Mr Benjamin Hewitt, named in the above deposition and made oath that said deposition by him subscribed is true, and I certify that he is a credible person and that his testimony is entitled to credit.
Dear Hewitt Justice of the Peace

State of Connecticut of New London county
I John DeWitt, clerk of the county court for the of New London aforesaid, do hereby certify that Henry W. Avery Esq. before whom the cer- tificate of John D. Noyes Esq. hereto annexed was sworn to, that Elias Hewitt Esq. before whom the deposition of Mr Benjamin Hewitt hereto annexed, was taken, and that Asa Root Esq. before whom the deposition of Mr Jesse Bedent hereto annexed, was taken, are Justices of the Peace for the county of New London aforesaid, duly commissioned and qualified and that their sig- natures written to the certificates annexed to said certificate and depositions are genuine.
In testimony whereof I have hereunto set my hand and affixed the seal of said county this 5 th day of October A.D. 1843
John D. Witt Clerk
(H)

Examined ll
Reg WIDOW, &c.
Feby. 15 1897. E by Mr. Aspinwall
File No. 25.766
Mehala Hewitt
Wid of
Simeon Hewitt
Dis Coown Line
Act: March 3 d 48
Index:—Vol. A , Page 327
[Arrangement of 1870.]

V 9207. Mehala Hewitt Cont
Suspended
Lt. to S. M. Wood Sep. 29. 43
Act July 7 15. 38

8211.
Connecticut
Mehala Hewitt
widow of Simeon Hewitt
who was a pensioner under the Act of 1832 and who died on the 10 th July 1843 at N London in the State of Connecticut who was a private in the company commanded by Captain Miles of the Reg t commanded by Major Humphreys the Connecticut line for 16 months
Inscribed on the Roll of Connecticut at the rate of 55 Dollars 00 Cents per annum, to commence on the 4 th day of March, 1836.
Certificate of Pension issued the 20 th day of March 1844 and sent to Honble E. W. Huntington U.S. Senate
Total Amount, $275.00
[Act July 7, 1838.]
Recorded by J. H. Clancy Clerk, Book D Vol. 1 Page 83.

Declaration.
In order to obtain the benefit of the act of congress of the 3 d March 1843, granting pensions for one year to certain widows who have received pensions under the act of July 7, 1838.
State of Connecticut, ss New London county.
On this 2 d day of April A. D. 1844.
Personally appeared, before the subscribe a Justice of the Peace for the county of New London aforesaid, Mehala Hewitt a resident of Ledyard in the county of New London aforesaid, aged Seventy six years, who being first duly affirmed, according to law, doth on her affirmation make the following declaration, in order to obtain the benefit of the provision made by the act of congress, passed on the 3 d March 1843, granting pensions to widows of persons who served during the revolutionary war. — That she is the widow of Simeon Hewitt — who was a Private in the Revolution, and that she has received a pension certificate of Fifty Five Dollars per annum under the act of July 7, 1838.
She further declares that she is still a widow.
her Mehala Hewitt
Sworn to me Affirmed and subscribed on the day mark in year above written.
Before James Geo Justice of the Peace
In presence of Hesse Bedent Emily Bedent
I certify that Mehala Hewitt — named in the foregoing declaration is personally known to me and is a credible person, and that the word, "Ledyard", was written on an erasure in the above declaration, & the word, "certificate" interlined in said declaration before signing.
James Geo Justice of the Peace

I hereby certify that Mehala Hewitt the within named declarant has by reason of old age & infirmity become unable to write her name.
James Gee Justice of the Peace.
State of Connecticut, ss. County of Hartford. I Francis Leonard Assistant Clerk for the County of Hartford do hereby certify that James Gee before whom the within declaration was taken is a Justice of the Peace within and for the County of Hartford duly commissioned therefor - and that the within signature is his genuine signature.
In testimony whereof I have hereunto set my hand and affixed the seal of said County - the 20 day of April 1884.
Francis L. Assistant Clerk
Mr. Hewitt
$55 per an
Hon. J. W. Huntington
Senate U. States

9407. Nichola Herina
cont m Act July 7 38

Hon. James L. Edwards Commissioner of Pensions.
Sir.
(Herewith enclosed you have the papers of Mrs Mahala Hewitt widow of Sim- on Hewitt.
Be pleased to address returns to
Your Mr A. D. Sewell
Sam H. Wood Ledyard Connecticut Aug 9. 1843
Cook

9407
Mehala Hewitt
cont 5
Act July 7 th 38
ad 2 l
16 1/2 mo.
priv
$53 per an.
S.W. Wood Ledyard Cent

Yr Son
Yours of the 29 th Ult in the case of the Mahala Hewitt has been received. am  are herewith papers returned with the certificate of the bounty list.
Please to send me a certificate for Mrs Hewitt provided you allow her the same amount of pension that you allowed her husband. (Simeon Hewitt, viz. $55 per annum) If not, please to inform me what periods of service were allowed him, am what further proof, if any, is necessary to establish the same
I am Sir very respectfully
Your Affec Son Sam l W Wood Ledyard P.O. Conn s
Hon James L Edward Comm r of Pensions

Bishop Tyler of Groton in the County of New London and State of Connecticut Physician by first calling and on oath declare that in the month of February 1781 being of the age of thirty years in the month of January previous was enlisted by Capt Charles Miles then of Westerly said County in which town my father resided as a private soldier in a company of State Troops raised by the State of Connecticut to serve for one year in the army of the revolution - On account of my youth my father was unwilling to permit me to enlist, but being very desirous myself to do so Capt Miles having agreed that I should serve as a substitute in said company my father knowing Capt Miles permitted me to enlist for one year into said service which said I continued to serve in that capacity during that year & proceeded to New Haven & was there mustered in the month of March soon after our enlistment - During my continuance in said service I became acquainted with Simon Hacket now making an application for a pension & I know him to have been a private soldier in the company commanded by said Charles Miles in a Battalion commanded by Major Humphries & in a Brigade commanded by Genl Waterbury - I have frequently seen the said Hacket since that time - I have conver- sed with him about many of the events which occurred during the period mentioned and altho I have no recollection of his being present when we were discharged in March 1782 and altho I have no distinct recollection of said Hacket being at the place of our discharge when

The company was discharged yet I have no doubt that he endfully completed his term of one year from facts which he relates to me of events which then occurred.
The company under command of Capt Niles during this period suffered severely from the enemy in the summer of 1864 the best being here taken prisoners & a large number of the company also taken prisoners - Several were killed & wounded and the company was at one time reduced to small numbers he believes none only - It was recruited again the latter part of summer and autumn of 1864.
Sworn and subscribed this 14 th day of July 1882 Bishop Fyler Myer Lathrop Clerk Norwich City Court July 14. 1882
Personally appeared Dea. Bishop Fyler of Griswold in county & subscribed & made oath to the truth of the foregoing Declaration & affidavit by him made. Attest Myer Lathrop Clerk
Norwich City Court July 14. 1882
And the Court do find that the said Doctor Bishop Fyler who has sworn to & subscribed the above affidavit is a respectable Physician of Griswold as he states & that he is a credible person, and that his statement is entitled to credit. Certified by Myer Lathrop Clerk

Wm. Spa Service
CONTENTS
Twelve horizontal dotted lines for writing entries.
Twelve horizontal dotted lines for writing entries.

Declaration in order to obtain the Benefit of the Act of Congress passed June 7. 1832.
State of New York
County of Saratoga } ss
On this fifth day of September one thousand eight hundred thirty two personally appeared in open Court before the Judges of the Court of Common Pleas of the County of Saratoga, now sitting Thomas Hermit a resi- dent of the town of Charlton in the County & State aforesaid aged seventy six years the twenty second day of May 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 7. 1832.
That he entered the service of the United States under the fol- lowing named officers & served as herein stated.
That in the fall of the year 1776 He enlisted as a volunteer in a Company of State troops raised by the State of Connecticut in a company commanded by Captain Oliver Grant for three months. The regiment was commanded by Colonel Ely. His company joined the regiment at New London. From New London He marched through Groton Sturminster Westerly to Providence in Rhode Island. There was no other regiment there. He was engaged in keeping guard & remained at Providence till nearly the expiration of the three months when he marched back to New London & was discharged. The enemy were then in possession of Newport.
In the spring of the year 1777 He enlisted as a volunteer for one year as a Marine on board the Continental Frigigate Resistance commanded by Captain Samuel Chew who had a commission from Congress.

The Brig Resistance was lying in the Harbor at New London Connecticut. After enlisting he remained at New London for four or five weeks then sailed on board the Brig to Martha Vineyard about twenty miles east of New London remained there two weeks, then sailed to the West Indies. When cruising to the windward of Barbadoes they fell in with the ship Remained from Glasgow Scotland to Barbadoes Mermaid commanded by Captain James Cochrane. After a short battle they succeeded in capturing her. He with a part of the crew brought the prize into Boston. The first news they heard on landing was that Gen. Burgoyne had surrendered. After we arrived with the prize at Boston the Continental Officer had to send to Congress for instructions respecting the loading of the ship which detained us in Boston for eight weeks before we had orders to unload. The Brig Resistance cruised about the West Indies till the following spring, took several prizes sent them into the West Indies for which no compensation was received by the crew.
He has no documentary evidence of his services the records of no person whose testimony he can procure who can testify to his services.
To the interrogatories propounded by the Court the applicant made the following answers.
1 He was born in Stonington in the county of New London & State of Connecticut in 1756. The 22 d of May - 2 He has a record of his age in his family Bible at home which he took from his father. 3 When first entered the service he was living at Stonington in the County of New London. Conn. soon after

the Revolutionary war he removed from Stonington to the town of Milton Saratoga County N.Y. resided there eight years then removed to Milton (now Seneca) in the County of Cayuga N.Y. resided there eleven years, then removed to Ballston Saratoga County N.Y. resided there two years, then removed to Broadalbin Montgomery County N.Y. resided there twenty three years, from there removed to Charlton Saratoga County N.Y. where he still resides -
4. He went into the service as a volunteer -
5. On Board the Brig Resistance William Leeds was Lieutenant, Gardner Peeling Master, Robert Hewson Boat swain - The sailing Master who came home with the Prize Mermade to Boston was named Lacoates. The general circumstances of his services are stated above as fully as he is able to state them. He never received any Discharge.
7. Elias Smith Alexander Running Rev. Lebbeus Armstrong Benjamin Marvin
He hereby relinquishes every claim whatever to a pension or annuity except the present and declares that his name is not on the pension Roll of the agency of any State
Subscribed & sworn in open Court This 5th day of September 1832
Thomas Hunt
Thomas Palmer Clerk
We Lebbeus Armstrong a clergyman residing in the town of Ballston  Charlton in the County of Saratoga & State of New York & Benjamin Marvin in the town of Charlton County hereby certify that we are well acquainted with Thomas Hunt who has subscribed & sworn to the above declaration, that we believe him to be seventy five years of age that he is respected & beloved in the neighborhood where he resides. He has been a soldier of the Revolution that we concur in that opinion.
Subscribed & sworn in open Court This 5th day of September 1832
Lebbeus Armstrong Benj. Marvin
Thomas Palmer Clerk

And the said Court do hereby declare their opinion after the investigation of the matter & after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier forsook as he states And the Court further Certifies that it appears to them that Lebrent Armstrong who has signed the foregoing certifi- cate is a Clergyman Resident in the town of Chatham in the County of Onondaga and that Benjamin Marvin who has also signed the same is a Resident in the town of Chatham in the county same town is a credible person, and that their statement is entitled to credit.
I Thomas Palmer Clerk of the Court of Common Pleas of the County of Onondaga do hereby Certify that the foregoing contains the Original Proceedings of the said Court in the matter of the application of Thomas Hunt for a Pension
In testimony whereof I have hereunto set my hands and seal of Office this fifth day of September One thousand Eight hundred & thirty two.
Thomas Palmer Clerk

State of Connecticut.
New London County } ss: New London Aug. 12 th 1833 -
I Jonathan Langford of Groton in New London County and State of Connecticut, aged 81 years — being duly sworn according to law — do on my oath depose and say, that during the early part of the revolutionary war I was in the habit of sailing from New London harbor, cruising against the British and that I was in New London in the Summer of 1777. I was well acquainted with the armed Brig Resistance and also with Capt. Samuel Shew who commanded her and many other officers belonging to said Brig, and I was knowing that said Brig was a public armed vessel fitted out by the Government —
Jonathan Langford
taken and sworn to before me this day & year aforesaid.
Godfrey Billings Chief Justice of the County Court for Groton
and I the said Godfrey Billings do further certify that Jonathan Langford who has sworn to & subscribed the foregoing deposition is a person to me well known and that he is a man entitled to full credit. Godfrey Billings Chief Justice of County Court

State of Connecticut New London County } ss
I John DeWitt Clerk of the County Court in and for said New London County do hereby certify - That the Hon d Coddington Billings before whom the within de- position of Jonathan Langford was taken - is Chief Judge of the County Court in and for said New London County, and that his signature thereto annexed and also to the Certificate thereto appended are in his own proper hand writing - In testimony whereof I have hereunto set my hand and affixed the seal of said County this twentieth day of August A D 1833
John D e Witt Clerk

State of Connecticut } New London County } ss. New London August 12 th 1833 -
I, Elijah Bailey of Groton in New London County & State of Connecticut, aged 75 years - being duly sworn according to law do on my oath declare and say, that I was in the habit of Privateering against the British, during the principal part of the revolutionary war - and always sailed from New London - and that I was well acquainted with the armed Brig Resistance, and with Capt. Samuel Shaw who commanded said Brig, and with many others of her Officers & crew whom I suppose to be all dead - and that said Brig fitted in New London and sailed (according to my best recollection & belief) in the Summer of 1777. And it was my impression at that time and is now, that said Brig was a public vessel & fitted by the Government -
Elijah Bailey
Elijah Bailey the person who has subscribed the above deposition is a person to me well known appeared in person before me and made solemn oath to the truth of said deposition. Further certify that said deponent is entitled to full credit upon the day & year first above written before Goddington Billings, Clerk Judge of the said County Court

State of Connecticut New London County
} Is
I John DeWitt Clerk of the County Court in and for the County of New London do hereby certify that the Hon. Goddington Billings before whom the within deposition of Elijah Baily was taken is Chief Judge of the County Court in and for said New London County - and that his signature thereto affixed is in his own proper hands writing - In testimony whereof I have hereunto set my hand and affixed the Seal of said County this twen- tieth day of August A.D. 1833
John DeWitt Clerk

State of New York County of Rensselaer
28-1 Jonathan Hewitt of the town of Warren in the County and State aforesaid being duly sworn doth depose and say that according to the best of my knowledge and belief that in the year 1777 in the Month of May a man by the name of Thomas Hewitt did enlist as a marine on board the Brig Resistance then lying in the Harbour at New London Connecticut the aforesaid Brig was Commanded by Samuel Chew, from New London we sail d to the windward of Barbary where we captured a ship Bound from Glasco (Scotland) to Barbary and sent her to Boston; from Barbary we bore up toward Surinam where we fell in with three British Cruisers we sunk two and drove the third into the port of Surinam and at that place we releas d twenty seven merchant men from there we bore away to the Island of Barbary again there we took three valuable prizes and sent them to Martinico off the same Island we fell in with a British Sloop of War which carried 28 guns being on the 4 th of March #1778 we fought 4 1/2 hours having many men killed and wounded in which action Capt. Chew was killed and Lieut. William Leeds was wounded then we cut loose from the ship and sail d to Martinico where we delivered the prizes into the hands of the Government Agent (William Bingham) from there after repairing we sail d for Boston the above named Brig Resistance was owned by our Government was fixed out at the expence of the Government and Commissioned by John Hancock then President of Congress — I believe the above named Thomas Hewitt at the time of his enlisting on board the aforesaid Brig did reside in the town of Stonington County of New London State of Connecticut and that he now resides in the town of Charlton County of Saratoga and State of New York and also that the deponent did enlist and act as a Surgeon on board the aforesaid Brig
Jonathan Hewitt Surgeon 76

State of New York } County of Herkimer } ss I certify that on the 23 Day of February 1833 before me the undersigned a Justice of the peace in and for the County of Herkimer aforesaid personally appeared Jonathan Hoeril of the town of Warren in said County and made Oath in due form of Law to the truth of the within affidavit by him subscribed - and I further certify that I am personally acquainted with the said Jonathan Hoeril and that He is a credible person and his statement is entitled to credit
Jonathan Hoeril 76 Job Bronson Justice
Herkimer County Clerks Office } ss
I Julius C Nelson Clerks of the said County do certify, that Job Bronson Esqr before whom the foregoing Affidavit purports to have been sworn, was on the day of its date one of the Justices of the Peace in and for said County and duly authorized to act as such - and that I am well acquainted with the hand writing of the said Justice and surely believe his name subscribed to the said Affidavit to be his proper hand writing and signature
Witness my hand and Seal of Office at Herkimer this 12th day of March 1833
Julius C Nelson Clerk

February 27, 1931
Mrs. James A. Miller 600 West 46th Street Ashtabula, Ohio
Rev. & 1812 Wars Section MCS:MLB Am
Dear Madam:
You are advised that it appears from the papers in the Revolutionary War pension claim, R. 4939, that Thomas Hewitt was born May 22, 1756 in Stonington, New London County, Connecticut.
On September 5, 1832 he applied for pension and alleged that he enlisted in Stonington, Connecticut, in the fall of 1776, and served three months as private in Captain Oliver Grant's company in Colonel Ely's Connecticut regiment. He also alleged that in May, 1777 he enlisted as a marine and went on board the brig, "Resistance", which was commanded by Captain Samuel Chew and lay in the harbor at New London, Connecticut. Several weeks later he sailed on said vessel to Martha's Vineyard, and from there to the West Indies, and while cruising off the Barbadoes had a battle with the "Mermaid" which was commanded by Captain James Cockrane and was bound for the Barbadoes from Glasgow, Scotland. The Mermaid was captured and Thomas Hewitt, with a part of the crew, boarded her and brought her to Boston Harbor, and unloaded after waiting in the harbor eight weeks for orders from Continental Congress to unload.
Soon after the close of the Revolution, Thomas Hewitt moved to Milton, Saratoga County, New York; from there, to Milton (which was later called Genoa), Cayuga County, New York; and eleven years later moved to Ballston, Saratoga County, New York; two years later moved to Broadalbin, Montgomery County, New York; and twenty-three years later moved to Charlton, Saratoga County, New York.

The claim for pension was not allowed as satisfactory evidence in support of it was never furnished .
Thomas Hewitt died September 26, 1841, in Charlton, New York.
His widow, Sarah, was living in 1856.
The following children of Thomas Hewitt were living in 1852:
Ann, wife of Alexander Starr Mariah Hewitt Sarah Ann Smith, wife of John L. Smith Melisse Hewitt Eliza, wife of Joseph Beuel or Benel Amos Jane Hewitt Mary L. Hewitt.
The above noted is the history of the only soldier named Thomas Hewitt, who served with the Connecticut troops, that is found on the Revolutionary War records of this bureau.
Very truly yours
E. W. MORGAN Acting Commissioner
Did not see reason for suspension contained in 1852 List, as the case contains no evidence whatever that would lead one to think that the brig, "Resistance" was a " private armed vessel ". Thos. Seeds who served as lieutenant on this vessel with Thomas Hewitt received pension for his service. - 2 - W.C.S.

Thos. Hewitt
N. York
act 7 June 1832 ✓
See letter 26 Dec. 1834
to Hon. N. Barber - d
9 March 1835 to same -
also letter to claimant
6 April 1837 & July 15.
1837 - do. to Hon. J. J.
De Graff H. R. Feb. 10. 1838
Let. to Alex. Ray May 4/53
G. T. Yates Aug. 1/53
G. H. Yates Aug. 23/53
D. H. Moore July 19/56
Hon. C. B. Cochrane Mich. 2/59
act. 7 June 1832

1931 Feb. 27 hist. to Mrs. Jas. A. Miller, M.C.
Acts of July 14, 1862, and March 3, 1873.
4939
P. O. Thomas Hewitt
Service: _____
REJECTED
Enlisted: _____, 18
Discharged: _____, 18
Application filed: _____, 18
List of 1852 gives fol. reason for suspension! "Served on board a private armed vessel"
Alleges: _____
Re-enlisted: _____
Attorney: _____
P. O. _____
_____ Recognized. _____ Contract.
_____ Cert. of Dis. Searched for _____, 18

I certify that Thomas Hewitt the applicant for a Pension whose papers are herewith sent is a man of fair character & respectability. Full confidence may be placed in his declarations.
I am informed by a letter from John O. Miner Esq of Groton Connecticut, that the Hon. Noyes Barber Rep. in Congress told him that Lieut. William Leeds mentioned in the affidavit of Jonathan Averell, Sergeant was an invalid pensioner of the U. S. by reason of a wound he rec d on board the Brig Resistance & that he Mr Barber made out Leeds' papers a number of years to draw his pension at the Connecticut Agency. The Pension Certificate & papers of Lt. Leeds would probably furnish further evidence of the public character of the Brig, Resistance.
Ballston N.Y. Sept. 16. 1833
John W. Taylor

Dear Sir — Although A stranger but by the recommend I have had of you from Dr Miner of Groton I take the liberty to address you on the subject of my pension — I find by the late pension Law that I am entitled to a pension if I can prove to the satisfaction of the War department that the Brig Resistance which sailed from New London in the year 1777 was a publick armed vessel in the Continental Service — I have sent on to Mr Edwards a number of Depositions setting forth the Character of the aforesaid Brig but none satisfactory to him; he writes that I must get a Certificate from the Comptroller of Connecticut showing the Character of the said Brig; consequently I have wrote to the Comptroller and inclose his answer Dr Miner wrote to me that you informed him that you made out Lieut Leech's pension papers in consequence of a wound he Rec d in an action while on Board of the aforesaid Brig — he also intimated to me that you would attend to my Business if Requested — Now Sir if you will have the goodness to assist me and informe me of the Result together with a bill of all your expence and trouble I will make you ample satisfaction and consider it a great favour — Dr Averil who served on Board of the aforesaid Brig at the same time that I served writes to me that he has obtained his pension — Mr Edwards writes that the papers which I have sent are plac d on file — you will please direct your letter to Charlton Post office Saratoga County New York and believe me to be yours Respectfully — — Thomas Hewitt
Charlton Jan'y 1 st 1834
P.S you will likely see the declarations which I have sent but there is something in them which Mr Edwards has sees that is forbidding but if I was not conscious nay certain that I am (by the late pension Law) as fully entitled to my claim as any person who has obtained his pension it foregoes from me to have trouble him or any other gentleman with my Claim — T. H.

BRIEF objections to the admission of Pension Claims , of which those answered in the negative, in red ink, will apply to the claim of Thomas Hewitt which require further proof or explanation.
I. Does the declaration show where the applicant resides? Yes
II. Did the declarant make the declaration in the county where he resides? Yes
III. If the applicant did not make the declaration in the county where he resides, is there any reason assigned for his not doing so?
IV. Has the declarant mentioned the period or periods of the war when he served? Yes
V. Has he mentioned 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? Yes
There is no evidence in this office that the Brig Resistance was a public ship - Claimant claimed establish her character as
VI. Has he given the names of the officers under whom he served, in conformity with the regulations?
The benefit of the act does not extend to privateers -
VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832? Yes
VIII. Has the Court given their opinion? Yes
IX. Has the Clerk given his certificate? Yes
X. Is the Clerk's seal affixed? And if so, has it a device or inscription by which it can be distinguished from any other seal? Yes

XI. Has the applicant obtained the evidence of a clergyman and another respectable citizen as to their belief respecting his age and the general belief in his neighborhood relative to his revolutionary service? Yes
XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it?
XIII. If the applicant has no documentary evidence, and has not obtained the testimony of at least one living witness, has he stated in his declaration that such proof cannot be had? Yes
XIV. † If the applicant has produced a witness or witnesses as to his service, has the magistrate who administered the oath certified that he, she, or they are persons of credibility?
Has the official character and signature of the magistrate been certified by the proper officer under his seal of office?
XV. Does it appear from any of the papers that the witness was in such a situation, or of such an age, as to have a personal knowledge of the applicant's service?
XVI. ‡ Are the papers authenticated as the regulations direct? Yes
XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered? Yes
EXPLANATORY NOTES.
* QUERE V. 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, depose 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."

Comptrollers Office August 1 st 1833
I Elisha Phelps, Comptroller of Public Accounts of the State of Connecticut do certify, that it appears, by the journal of the Council of Safety, that the board on the 18 th day of August 1777 passed the following vote, viz, "Application was made by Capt. " Samuel Chew for a number of men to cut out " from the forts at N. London &c. on board his " Brig Resistance, and on consideration resolved " that the men cannot be spared without " damage to the service. "
E. Phelps

War Dept P.O.
Dec 26 th 1834
Sir
The papers of Thomas Settle set forth his service to have been performed on board the continen- tal brig Reistance . No such vessel as has been repeatedly stated is known to this department. The old invalid papers having been de- stroyed no recourse can be had to the de- claration of the heir who is stated to have died more than thirty years ago. Whether a pension was granted upon special circumstances by an act of Congress
As to the pension of Mr Leeds who was placed on the pension roll by a special act of Congress in 1796, it is impossible to ascer- tain in this office upon what principles that allowance pro- ceeded. Whether correct or otherwise this depart- ment is not bound to  cannot determine. That  that  the Resistance cannot be regarded as that the Resistance was a public rebel unless evidence to that effect is produced. The papers remain on file.
Yours truly Barker
H.R.

Mr. John H. ...
Memorandum on paper!
our green letter effect ... in the ... is ...
from ... which ... that ...
11 m. clay ... 26 ... 1834 ...

Thomas Hewitt Charlton West Charlton Post Office New York

Comptroller's Office December 16 th 1833.
I, Phoebe Phelps, Comptroller of Public Accounts of the State of Connecticut, do certify, that upon the journal of the Council of Safety is the following resolve, under date August 18 th 1777, viz, "Application was made by Capt. Samuel Chew for a number of men to enlist from the forts at N. London &c. on board his Brig Resistance, and on consideration resolved that the men cannot be spared without damage to the service."
There is no roll of the crew of this Brig to be found, nor any evidence showing how long it was in service. Nor can I find any appointment of Capt. Chew. Officers of the Navy, were not appointed by the Council

of Safety, I believe, after the year 1776. The government of the public armed ships, was confided to the Navy Board, of the several departments, as well as the appointment of officers of a certain rank.
The disbursements from the Treasury of Connecticut, for support of her public armed vessels, it is believed, passed thro' the hands Commissary Nathaniel Shaw. No accounts were opened with naval commanders after 1776.
No other memorandum, or act of the government, regarding the character of the Brig Resolute has been found.
If the proceedings of the Navy Board for the Eastern Department could be found, it is confidently believed, that the Brig Resolute would be found enumerated among the public armed vessels of this State.
O. Phelps

Sir I transmit all the evidence I can find regarding the public character of the armed brig Resolute
I am very respectfully
Yr &c D. Phelps

Ballston Spa Saratoga Co. N.Y. September 17. 1833 -
Hon J. S. Edwards
Dr Sir
We return to you the pension papers of Thomas Kennebec with two addi- tional affidavits of the public character of the Brig Resistance together with a certificate of John W. Taylor our representative in Congress - Be good enough to furnish us an answer soon; and if this evidence is not sufficient please inform us what kind of evidence would probably be satisfactory to your Department
Very Respectfully Your Obedient Servants Brown & Thompson

Hon J. S. Edwards Com te of Pensions Washington City

Mr
Home Representations Washington 10 January 1834
I have enclosed you Thomas Hewitt's letter and the contents of Col. letter to Mr. Hewitt of Charlton, Santa Catalina New York. I have also to inform you that Lieut. William Leeds was an Invalued pensioner for many years for wounds received on Board Brig Resistance. This vessel must therefore have been a vessel in the service of the U. States during the Revolutionary war. Lieut. Leeds I have named I should think died about thirty years since you will find his name as a pensioner on your old roll of pensions. It cannot be mistaken as I have frequently made out Lieut. William Leeds pension papers and collected his pension for him at the Commissioner of Loans office in Hartford Connecticut. Mr. Hewitt is a reputable man and there cannot be a doubt but he is entitled to a pension. I must ask your attention to Mr. Hewitt's case and request you to furnish me with an answer as soon as it is convenient. Yours Truly &c.
J. L. Edwards Esq. Post Office Washington
Noyes K. Dabney

J. B. Edwards
In you will see confident find on looking at your old books find that Lieut Wm. Leeds was put on the pension list as invalid pensioner for services performed on Board the U. States Brig named by Mr. Hewitt Lieut Leeds died say thirty Years since he was pensioner Many Years to my certain knowledge, do examine this case again & write Mr. Washington 10 Feb. 1834
M. Bales Hosp R.

War Department Pension Office
February 8. 1834
Sir,
In relation to the claim of Thomas Hewitt for a pension, I have the honor to report, that his papers have again been examined. There is no evidence in the Department which goes to establish the character of the Brig Resistance as a public armed vessel. Until that fact is made to appear by satisfactory proof, Mr. Hewitt's claim cannot be allowed. His papers are herewith enclosed.
I have the honor to be
Very respectfully
Your Hon. Servt.
J. L. Edwards
Hon. Noyes Barber Senate U. S.

Charles M'Calister John W. Thompson
War Department Pension Office February 1. 1834
Sir, Gentlemen
The papers of Thomas Hewitt have again been examined. There is no evidence in the Department which goes to establish the character of the Brig Resistance, as a public armed Ship. Until that fact is established by satisfactory proof, Mr. Hewitt's claim cannot be allowed. The papers remain on file.
I am respectfully Your Ob't. Servt. J. L. Edwards
Lieut. M c Leods of Boston C o . 2 d reg t . a pensioner as an invalid for services on board the above named vessel and his pension certificate said the Brig was in the service of the U. States & M c Leods was put on the pension roll at an early date and he rec d the pension until the day of his death from the Loan office Hartford C o . D r . Leods died say about thirty years since Washington 20 th Dec r . 1834 M c Beane
write to Misses Knapp
M rs . Thompson & Brown Ballston Spa
N. York
I will also call your attention to Daniel Rodland's claim to a pension for M c Beane

Chilton Feb. 13. 1837
Dear Sir,
Mr Hewitt whose papers I enclose is a man of exemplary morals and strict veracity: and from his papers & verbal statements seems worthy of a pension and as a neighbor & friend I take the liberty to recommend him to your favorable notice
Respectfully your most ob d S t John Gilchrist
Mr Cramer
I understand Mr. Hewitt to be a man of fair character, and in that respect I concur in what Mr. Gilchrist has said above 14 th Feby. 1837.
J. Young

Charlton New York July 18 th 1888
Sir
In accordance with the suggestion contained in your letter to me of April 6 th last I wrote to the Comptroller of Connecticut to ascertain if there was anything in his office relating to the pension of Lieut William Leeds - and in accordance with my expectation he writes to me that he can find nothing. Sir if my estimate of things is right, the Army belonged to the general Government and not to the State of Connecticut - and Lieut William Leeds would of course get his pension - not by the special act of the Legislature of Connecticut, but by the special act of Congress - among whose records, no doubt the proceedings in his case can be found. And Sir what can I do, when among the members of the present Congress - cares enough for these things to search among the old records for me. The enormous expense to which I have already been subjected in this vexatious business entirely precludes the idea of applying to them for help in an emphatic manner. The Hon. Judge Barber former member of Congress from Connecticut wrote to me some time since that he had left a certificate in the Pension Office to the effect that he had frequently made out Leeds's Pension papers and knew well on what account he got it that he got it by a special act of Congress on account of a wound received on board the Brig resistance while in the public service. He further says that his pension certificate was returned to Washington after his death and must now be in the Pension Office.
Sir I see it is of no use to pursue this subject any further. I complain of the injustice that has been done me. Many of my neighbours here obtained their pension on what appears to me less substantial evidence than I have furnished. I know men in the State of

New York that there readily obtained their Pension without difficulty. That ought of right to have been placed on the pension list of his Britannic Majesty. It is there to see these hirelings of the British Army feasting on the fat of the land while I am subjected to an unknown expense in striving to obtain my just dues and rejected at last. It is not the beggarly pittance that I claim and can not thus far get that I complain of for the injustice that has been done me, the vexation of spirit that it has caused me and the expense to which I have subjected that gives me just cause of complaint. I have paid ten dollars fees here, and ten dollars fees there till it has nearly swallowed up the amount of my pension if I would get it. This I am ill able to bear. Mr. Burke ascribes the rejection of my application for a pension to the inefficiency of the Clerks in the Pension Office in searching the old records on account of the mass of business pressing upon them.
Enclosed is an old certificate from the Comptroller of Connecticut. I know not if it was not sent at the time but it got mislaid. It may not be anything in point to prove the correctness of the vessel but it certainly is a circumstance in its favor. If Mr. Check had been a private speculator and his crew a set of marauders or privateers, they would have paid but little heed to the Council of Safety in enlisting men.
I remain &c.
The Hon J. D. Edwards Com &c.
Thomas Hewitt

This may certify that some time in the Spring of the year 1777, I the subscriber, did enlist to serve one year on board the Brig, called the Resistance, then owned and employed by the government of the United States as a Vessel of War. She carried 14 carriage guns, and 108 men of a crew and was commanded by Samuel Shaw — — —
I never saw Capt Shaw's Commission but the enlisting articles which I subscribed my name, said she was in the service of the United States, and in the same articles we had the promise from government of the same wages, as the land soldiers. — witness — — Thomas Hewitt
Subscribed and sworn Feb 6 th 1837 before me
Thos Love Justice of the Peace
STATE OF NEW-YORK, } ss. I, ALPHEUS GOODRICH, Clerk of the court SARATOGA COUNTY CLERK'S OFFICE, } ty of Saratoga, Do Certify, that Thomas son on oath, before whom the annexed affidavit purports to have been sworn, was at the date of the same, one of the Justices of the Peace in and for said county, and that I am acquainted with his hand writing, and verily believe his name subscribed to the said affidavit, to be his proper hand writing and signature
WITNESS my hand and seal of Office, the 11 th day of
February 1837 A Goodrich Clerk
information may be obtained respecting our Cruise how and where may be obtained from my papers now on file in the pension Office at Washington. — Mr Edwards has agreed to my three months Land Service T. H.

This may certify that some time in the Spring of the year 1777, I the subscriber, did enlist to serve one year on board the Brig, called the Resistance, then owned and employed by the government of the United States as a vessel of War. She carried 14 carriage guns, and 108 men of crew and was commanded by Samuel Shaw — — —
I never saw Capt Shaw's commission but the enlisting articles which I subscribed my name, said she was in the service of the United States, and in the same articles we had the promise from government of the same wages, as the same soldiers. — witness — — Thomas Hewitt
Subscribed and sworn Feb 6 th 1837 before me
Thos Low Justice of the peace
information may be obtained respecting our Cruise how and where may be obtained from my papers now on file in the pension Office at Washington — Mr Edwards has agreed to my three months Land Service T. H.

This Testimonial Certifies, that having been, for several years, acquainted with Capt. Thomas Hewitt, a resident of this Town, I believe him to be about eighty years of age, and man of unquestioned truth & probity; That I have entire confidence in the correctness of the statements concerning his services in the war of the Revolution, which he makes, in the Declaration, to which, he testifies. Having enquired of several persons on the subject, I am satisfied, from the information obtained, that he is considered, in the community, where he is well known, to have been a soldier in the Revolutionary war; nor have I ever known this fact to be called in question.
Charlton Feb. 7, 1837. Isaac Blanchard { Pastor of the Presbyterian Church Charlton
Subscribed and sworn Feb 7 th 1837. before me Thos Low Justice of the Peace
This certifies that I have been personally acquainted with Mr Thomas Hewitt (now a resident of Charlton) for a number of years and that I consider him a man of strict veracity and honour and that entire confidence may be had in any declaration or statement by him made
John Low
Subscribed and sworn Feb 7 th 1837 before me Thos Low Justice of the Peace

Thomas Hand
Apr 6. 1837
Q. 6
Record vol 45. P 317.

War Department
Pension Office
Apr 6 1837
Sir In The additional evidence in support of your claim to a pension under the act of June 7 th 1832 enclosed in a letter from Mr. John Gilchrist has been examined & placed on file - There is no evidence in the Department which goes to establish the character of the Brig Resistance as a public Armed Vessel, article unless it can be made to appear that the "Resistance" was in the public service the claim cannot be allowed -
It has been stated that an officer by the name of Leeds, a Lieutenant on board of that ship recently  was was allowed a pension from the by the State of Connecticut, if so the information necessary to a final decision in this case may be had by application to the Comptroller of Connecticut that State Mr Thomas Hart Charlton New York

✓ Hewitt N.Y.
15 July 1837
Ob
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See

War Dept. Pension Office July 15. 1837
Sir,
I have again examined your claim, and I can discover no evidence whatever that the Resistance, on board of which it is alleged, your vessel, was a public armed vessel. Mr. Phelps's certificate does not prove that she was a public vessel. Until you obtain more satisfactory proof on this point, your claim cannot be admitted.
S
Mr. Thomas Hewitt, West Charlton, N. York
Entd Enl. this Ctr. See N. York Index, No. 10 1835 out June 7. 1832

Hon. J. J. DeGrass
15 Feb 1878
Cl
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War Dept Pension Off. Feb. 15. 1838
Sir,
I have again examined the case of Thomas Hewitt, referred to in the enclosed papers. He claims under the act of June 7. 1832 for service on board of a vessel called the Resistance. No such vessel belonged to the Naval Service. She was unquestionably a private armed vessel. The claim cannot be allowed, because such service is not within the provisions of the act.
Lieut. William Leeds, I find, was pensioned under the a special law passed on the 20 th of April 1796. I cannot say where in what service he was engaged when he became disabled. The papers in support of his claim were destroyed when the War Office was burnt in 1801. It is not improbable that he belonged to the Resistance, as Congress has frequently passed special acts, giving pensions to persons wounded on board of privateers. Hon. J. J. De Graff, House of Rep.
I have N o . 10185 / Entitled this on the cont. Index act 132

th H of Rep Jan 10 1838
Edward Ey
Dear Sir
Mr Thomas Hewitt a highly respectable man from Charlton in Salopshire County in my District - brought to my House before left home the enclosed papers - I have overlooked them most shamefully - on reading them over I do think that the reference made by the Howey papers Barbour whom you well know to the evidence in support of his claim can will be found in the office of Mr Hagner unless you should deem Mr Barbour's certificate sufficient. I send you all the papers he left with me
I am with much regard
Yours aff John Doyne

New York City, Nov 17 1852
Hon J. C. Heath
Comm d of Pensions.
Sir:
You will receive herewith a power of Attorney in the matter of the application of Tho s Hewitt for a Pension under the act of 7 th June 1832 with a transfer of my authority to Alex r Ray Esq of Washington City -
I also send enclosed a brief in this case, recapitulating the proofs on file - answering the objection heretofore made & furnishing documentary proof from the Journals of Congress now presented for the first time.
The third paper presented is the Certificate of Court, giving the time of Tho s Hewitt's decease - 26 th Sep r 1841, & the name of his still surviving widow Sarah Hewitt.
I am respectfully
Your mo. Ob t Serv t G. T. YATES

In the matter of the application of Thomas Hewitt for a pension under the act of 7 th June 1832
Brief G. F. Yates Atty Nov. 17: 1852

In the matter of the application of Thomas Hewitt for a pension under the act of 7 th June 1832.
New York Nov 17, 1852
Brief.
Tho s Hewitt declares for 1 year's service on board of the Brig " Resistance " a vessel of war of the U. States, carrying 14 guns & 108 men - commanded by Captain Sam l Chew - all in the year commencing in the spring of 1777 & ending in the spring of 1778 - Cardwell Sailing Master - Rob t Newson Boatswain. He served 3 mo s
in the fall of the previous year (1776) in the Company of State Troops under Capt. Oliver Grant & Col. Ely marched from New London Conn t thro' Groton, Stonington Beverly Providence &c
Jon: Averill (whose pension I obtained for service as Naval Surgeon) - swears that T. H. served as a Mariner on Board said Brig Resistance which sailed from the Harbour of New London & cruised in the West Indies. Capt Chew was killed & sent. W m Leeds wounded.

(Lieut W m Leeds was pensioned as an invalid A for having been wounded while serving on board of said Brig Resistance) Dr. Auvill the Dept t was also an Invalid pensioner of B the U. S. on account of a wounds he received on board of the same Brig. Hon: Noyes Bar- ber M.C. testifies to having made out Lieut. Leeds' invalid pension papers - (these papers were probably among those burnt in the U.S. War office & cannot now be found) L t Leeds died about the year 1804.
The Hon: Sam l Young, John Gilchrist Esq r The Rev d John Clancy, Hon. John W. Taylor late Speaker of the H.R. & others bear testimony to the excellent character for truth & veracity of T. H. & Joh. Langford of Groton New London County Conn t testi- fies to a personal knowledge of the Brig Resistance having been a public armed C vessel of the U.S., & of its commander Samuel Chew .
The objection to the allowance of this claim, was that the Brig Resistance was not a public armed vessel.
In reply I refer to proofs at A. B. & C. That Surgeon Auvill & Lieut. Leeds were pensioned by the U. S. as Invalids, is per se incontro- vertible evidence of the fact. They could

be pensioned thus, only for having received wounds while in the U. S. service But it is in my power to adduce documentary evidence of the strongest kind to show that said Brig was a public armed vessel.
I beg leave respectfully to refer the Hon: the Comm ee of Pensions to the Journals of Congress under date of Nov: 25 th 1880. I have before me the Edition of May & Gideon Washington A.D. 1823. I quote as follows.
"A Bill of Exchange was presented to Congress drawn by the Hon: John Hancock President of Congress by Samuel Chew , in favor of the Order of Michael Hendrick Lister, expressed for the sum of 632 guilders expressed to be for sundries supplied for the Brigantine Resistance , dated at Dema- rara Dec r 8 th 1777."
This claim is therefore asserted for service as a private in the Cont l State Troops of 3 mo s & for service as a Mariner - of 12 mo s
In all 15 mo s I am respectfully Your Ob t Serv t G. H. W. S.

Thomas Bennett act of 7th June 32 Power of attor to G. F. Yates
Octr 6 th 1852
Dear Sirs of Washington etc. in the blank act in my hands in the within matter New York Nov 18 th 1852
G. F. Yates G. F. Yates
TO THE HON. THE COMMISSIONER OF PENSIONS!

TO THE HON. THE COMMISSIONER OF PENSIONS:
We hereby appoint Mr. Giles F. Yates, of Schenectady, N. Y., our true and lawful attorney, with power of substitution, to prosecute before you the claim of Thomas Hewitt of Charlton Saratoga County N. Y. for a pension under the act of July  June 1832, which was suspended and hereby revoke all powers of attorney by me at any time heretofore made.
You will be pleased to allow him, or his substitute, to examine the papers on file in your office relating to this claim. Witness my hand and seal this 6th  6th day of October 1852.
Sarah Hewitt
Signed, sealed and acknowledged before me—
J. P. Brown Justice of the Peace

In the matter of Thomas Hewitt deed act of 17 th June '32
Surrogate's Certificate
9 th Nov 1852
Thos s Hewitt Sep r died 26 th 1841 leaving a widow Sarah Hewitt
G. P. Harkness Atty

State of New York County of Saratoga } ss. Surrogate's Court
Be it known, that on this ninth day of November, one thousand eight hundred and fifty two, satisfactory evidence was adduced to this Court to show, that Thomas Hewitt late of Charlton, in the said county, and an applicant for a pension from the U.S. Government, departed this life on or about the twenty third day of September, in the year of our Lord one thousand eight hundred and forty one, leaving him surviving a widow named Sarah Hewitt, who still survives, and also the following named children, to wit, Ann Starr wife of Alexander Starr; Mariah Hewitt, Sarah Ann Smith wife of John than Smith; Meliss Hewitt; Eliza Beuel wife of Joseph Beuel; Amos Hewitt; Hannah L. Hewitt; and Mary L. Hewitt, — all of which is hereby accordingly certified.
In testimony whereof the Official Seal of said Surrogate is hereto annexed and the said Surrogate hath here to subscribed his name this ninth day of November A. D. 1852.
"or about" - "sixth" - "L" & "are" interlined & "third" "than" & "Hannah" erured.
Thos. C. Washburn Clerk

Washington
Sept 1. 1852
J. E. Heath Esq. Com d of Pensions Sir
In the case of Thomas Hewitt dec d . of late of New York, I filed a letter a few days ago from Hills. H. Bates Esq. and now present a power of attorney in the case from the surviving children.
I beg to remark, Mr Bates was the agent in the case of the late John d Averill late of New York ad- 1837. He had in his declaration made ad 18 March 1818, declared he was the 2 nd Sup t . on board the "Resistance" and was subsequently made 1 st Sup t . and that he served on board the ship in 1777 - 1778. I beg to refer to his papers in support of Thomas Hewitt's declaration in regard to his service on board the Resistance .
I remain your most respectfully Alex. Way

Pension Office May 4. 1853
Sir,
The claim of Thos. Hewitt of N. V. under act of 7 June 1832 for his services on the Brig Resistance has been examined.
Without expressing an opinion as to the character of the vessel, I have to inform you that the only evidence of his services on the said Brig is the testimony of Dr. Srevill & it is impossible from his evidence to determine the length of his (Hewitt's) service.
There is no evidence of his service of three months in the Ct. Militia. When the period of his service is established his claim will be reconsidered.
Very Respectfully J. P. Weeks Commissioner
Genl. Ray Esq. Present,

Sir. In the case of M c Hewitt under act of 7 th June 1832, suspended for the reason alleged, that he "served on a private armed vessel," I filed a brief, setting forth record proof from the printed proceedings of Congress, that the vessel named " Resistance " on board of which he served, was a public vessel commissioned by Congress, carrying 14 guns & 208 men, commanded by Capt. Oliver - for 1 year in 1779 - In the year preceding (1778) he served in a Company of Connecticut State troops com- manded by Capt. Oliver Grant Col. Ely for 3 rd application filed in 1852. Surrogate's certificate filed. May I ask for report in this Case? Respectfully
G. F. Hales Atty, for applicant.
Washington D.C. July 24/53
Hon. L. P. Waldo Commissioner of Pensions.

In the matter of the application of Thomas Hewitt for a pension under the act of 7 th June 1832.
The objection to the allowance of this claim made in Comm ee 's letter of 4 th May last, was that "without expressing an opinion as to the character of "the Rebel" (the Brig "Resistance") "the only evidence of "his" (Hewitt's) "service on the said Brig, is the testimony "of Dr. Merrill; and it is impossible from his evidence "to determine the length of his" (Hewitt's) "service."
Thus the only objection ever heretofore made to the allowance of this claim, to wit, in regard to the character of said Brig, or of the service of Declarant—that of a marine for which I adduced unequivocal proof from the records of Congress in my brief of Nov r 17 th 1852, is not yet examined, but a new objection not before mooted (which might have been easily answered during the lifetime of Declarant Witnesses ) is now broached.
On the original and subsequent examinations of this claim it was admitted that the De t had mentioned with sufficient "precision the length of his service " & Mr. Hewitt was never required to be more specific than he was in his declarations of 1832 & 1837. In these he says—in the former that "In the spring of 1777 he enlisted as a Volunteer "for one year , as a marine on Board the Continental Brig "Resistance", commanded by Capt. Samuel Chew who had a "Commission from Congress". In the latter he says that "Sometime in the spring of 1777 he enlisted to serve for one "year on board the Brig "Resistance" &c.
The Declarant did not say, nor did any of his Witnesses say in so many words, that T. H. served for one year. But he did say, & as I think, has proved what is equivalent thereto, that he enlisted to serve for one year as a marine in the U. S. service, was entered on board of the the Continental Brig "Resistance" which was commissioned by

John Hancock President of Congress. That he remained 4 or 5 weeks in Boston Harbor after his enlistment & before the Brig sailed (say in May 1777) for Martha's Vineyard & the West Indies, where they cruised and captured the British ship "Mermaid" with which he & a part of the "Resistance" crew brought into Boston Harbor - that said Brig continued afterwards to cruise about the West Indies until the following Spring &c. That the time of entering said Harbor with said prize was after the surrender of Burgoyne (which occurred Oct 7 th 1777). How many months after is not stated & then there were 8 weeks detention by the Continental officer before the ship could unload. This by the most restricted calculation would cover a period of service from April 1777 to March 1778. Thus it will be seen that he enlisted as a Marine to serve for one year, & he relates & proves facts (by documents & witnesses) showing Continuance of duty his pursuant to enlistment & in conformity with the character and terms of his enlistment. Had Mr. Hewitt been called upon during his life time to give a more special explanation of his service as a marine he no doubt would have done it, but he was early required to furnish proof that the said Brig was a public vessel & that Captain Saml Chase its Commander had been duly Commissioned by Congress. This has been done as before stated in my brief of Nov 17 th 1852. The whole effort of the witnesses was directed exclusively to meet this objection last named. See aff t of Elijah Bailey who says he knew the officers & crew of said Brig, the statements of the Hon: Noyes Barber M.C. & J. W. Taylor M.C. as to Wm Leeds the Lieut. on board of said Brig having been pensioned as an Invalid on account of wounds rec d on board of said Brig. (W. L. died in 1804) and of Jon: Langford of Groton Conn t who testifies that he knew S d Brig & its officers &c. of S d Jon: Aneill once a Surgeon on board of S d Brig & a certificate from the Comptroller of Connecticut.

Jon: Aweill the surgeon aforesaid testifies, that from his own personal knowledge, that "Thomas Hewitt did enlist was a marine on board the Brig Resistance" then lying in N. London Harbor commanded by Capt. Sand- ers. He gives the month of May as the time of his enlistment (which must have been the time according to Hewitt's account when the Brig first sailed, it having been in Harbor 4 or 5 weeks). He goes on to say that "we" (meaning himself, Hewitt & crew) "sailed to the windward of Barbadoes where we captured a ship bound from Glasgow & sent her to Boston" (the same ship Hewitt describes), & that said Brig afterwards took other prizes, &c. — A word as to the time the "Mermaid" was brought into Boston Harbor by a part of the crew of said brig. Hewitt testifies that "he with part of the crew brought the prize into Boston Harbor, & then first heard of Burgoyne's defeat". It might have been 3 or 4 months after, but prob- ably not more than two months. No newspapers circula- ted in those days, & the chances of such a piece of news having been brought to a crew isolated on board of a vessel in time of war must have been "few & far between". The crew of the "Resistance" could only have heard this or any other news of the kind on arrival at an American port. If the defeat of Burgoyne had happened only a few weeks previous to Hewitt's arrival at Boston he would not have alluded to it as such a strange thing then to hear it for the first! (The Brig was at Demerara in Dec 1777 as stated in the Journal of Congress cited to show the public character of said Brig.)
I beg leave to present the question of length of service in another view. It is analogous to the case of an enlistment in the regular army. If a man can be shown to have enlisted in a given Company for one year, altho' he cannot be traced by documentary or parole evidence to have been in the same Company for the whole period of his enlistment, yet if he can be traced at different periods of that year to have been on duty as a Continental soldier (while for the last weeks, or any

of the weeks of that year the records or proofs are silent as to actual service) he will nevertheless be allowed to have served for the full period of his enlistment. The "onus probandi" of desertion or discharge lies with the government I think. Not so I admit with Militia or levy service. The enlistment of Hewitt as a mariner and under the officers of a Continental vessel is precisely equivalent to that of a soldier in the Continental army. I think Hewitt should not be required to adduce positive proof as to the length of his service, to be made out by weeks & days as in the case of a militia man, in view of all that he has proved by parole & documents, & the character of his service.
Tho' Hewitt also declares for 3 months service in the fall of 1776 in the Co. of State Troops of Conn t commanded by Capt. Oliver Grant in Rep t of Col. Ely - at New London, Stonington, Beverly Providence R.I. & the enemy at the time had possession of Newport R.I. As the records of service during the period referred to, were forwarded to the Dept of Govt of U.S. & destroyed by fire in 1824, no record evidence of this service can now be adduced - We claim to have it allowed on the same ground that parallel service has been repeatedly allowed by the Department - That the Conn t State troops served that fall & will appear from the laws of that State & the history of the times.
Submitted most respectfully
by J. H. H. H.
Atty for app l
See Himmans History page 111. Col.
Ely
Tho s Hewitt en d 1832 Brief July 29 - 1853 G. H. Himmans

Hon. S. P. Waldo Commr of Pensions Washington D.C.

Sir:
Washington D.C. Aug 1 / 53
I am almost sure, that I must have stood in a false position before you, as the Attorney for the representatives of Thomas  Hewitt who have applied for his pension on account of his services as an enlisted Marine in the war of the Revolution. To remove, if possible, this erroneous impression, so unjust to myself and injurious to my clients, is the object of this note.
Not satisfied with what was professedly a partial examination of that claim, by your subordinates, I would have been grossly derelict in duty & wanting in self-respect, as I thought, not to bring the subject to your notice, and to solicit at your hands a more careful review, or at least your opinion as to one point, the main one hitherto hitherto the only one at issue, and which comprises the whole gist & subject-matter for decision - viz - "Does the documentary evidence adduced from the Journals of Congress show that the Brig "Resistance" was a public vessel, whose Captain Samuel Chew was commissioned by John Hancock President of Congress, or does this proof

show that said Brig was a private armed vessel?"
This proof was adduced for the first in my brief filed in this case on the 17 th Nov 1852. After waiting nearly five months (the reason of this delay was not owing to causes within the control of your Bureau) I wrote to my friend Mr. Ray, whom I had been in the habit for years before to employ as my substitute occasionally, requesting him to call up the case for me. He got a report in May last, but of this I knew nothing till two months afterwards. In this report will be seen an acknowledgment that the adjudication of the proof in question had been entirely omitted in these words — "Without expressing an opinion as to the public character of the vessel" &c.
You were kind enough at my instance to have the claim examined again, in this second Report the same omission is repeated. Under these circumstances & in view of these facts, was a repetition of my request for your personal examination of the case than an impartial reexamination of the case which I have made, and now again make, improper or unreasonable? I made this request several days ago verbally, when

you remarked that it had been examined several times already. It has been examined only twice under the peculiar circumstances. I have alluded to in this letter.
Should you see fit to reëxamine this claim, I have to ask that the arguments I have presented in my last brief, including the length of Brewill's service, may not be overlooked.
I am very respectfully
Your Ob t . Servant
G. H. Ladd
Att'y for App'ts
Hon: L. P. Waldo Comm r of Pensions

Giles F. Yates, Aug 1/53
Dear Sir, I have the honor to acknowledge the receipt of your letter of the 29th inst. and in reply to inform you that the same has been forwarded to the proper authorities for their consideration. I am, Sir, your obedient servant, Giles F. Yates
11223 11224
Yates

Pension Office Aug 1 1853
(ii)
G. F. Yates Esq. Present
I have re-examined the case of Tho s Hewitt of NY and am constrained to adhere to the decision of the Office, heretofore made, I am not satisfied that the vessel in which he served was a public Armed vessel, and the fact that L d Leeds was pensioned as an Invalid for wounds received on board said vessel, is no evidence that this Office had regarded her as such, but, as the case stands, is an evidence that it never has been acknowledged that she was a public vessel, for this Office could not admit the case and he was pensioned by Special Act of Congress. But if it were admitted that the service entitled him to a pension, if he had served six months, Dr. Ansell does not say how long he served. It is no cause of complaint that the Office has not noticed this fact sooner, because it was deemed a fatal objection to the case that the vessel was a privateer . G. F. Yates Esq. Present

Washington D.C. Aug. 22 d 1853.
Hon. A. P. Waldo
Commissioner of Pensions.
Sir:
In the matter of Thomas Hewitt for a pension under the act of 7 th June 1832
I have received your
Nov r 1852,
letter of yesterday in reply to my brief of in which I adduced from the journals of Congress point blank evidence that Lieut. Samuel Chew under whom Hewitt enlisted as a marine for one year had command of a public armed vessel called the "Resis- -tance" & was commissioned by Congress John Hancock
President of Congress; & was not a "privateer".
It has not to my knowledge "been a Cause of Complaint" that your office did not notice until 4 th May last the fact that Dr Averill did not in his deposition specify the length of Hewitt's service. Of this fact Dr A. could not by possibility have been cognisant personally, I think, for the reason that Hewitt with "a part of the crew" of the Resistance proceeded with the prize ship "Mermaid" which they had captured to Boston Harbour after October 17 th 1777, where he remained Eight weeks before the receiving officer unloaded the ship, while and Dr- Averill remained on board of the "R:" in the West India Waters.

Washington D.C. Aug. 2 d 1853.
Hon. A. P. Waldo
Commissioner of Pensions.
Sir:
In the matter of Thomas Hewitt for a pension under the act of 7 th June 1832
I have received your letter of yesterday in reply to my brief of Nov r 1852 , in which I adduced from the Journals of Congress point blank evidence that Capt. Samuel Chew under whom Hewitt enlisted as a marine for one year had command of a public armed vessel called the " Resis- tance " & was commissioned by Congress John Hancock President of Congress , & was not a "privateer".
It has not to my knowledge "been a Cause of Complaint" that your office did not notice until 4 th May last the fact that Dr. Averill did not in his deposition specify the length of Hewitt's service. Of this fact Dr. A. could not by possibility have been cognisant personally, I think, for the reason that Hewitt with " a part of the crew " of the Resistance proceeded with the prize ship " Mermaid " which they had captured to Boston Harbour after October 1777, where he remained Eight weeks before the receiving officer unloaded the ship, while and Dr. Averill remained on board of the " R. " in the West India Waters.

If I had any complaint to make, it would be, that the evidence from the journals of Congress above referred to, has been entirely unnoticed by the Clerks to whom the reexamination of this claim, has been submitted; as also my proofs as to length of service.
Most respectfully
Yours M c Swan
[Handwritten signature: J. H. [illegible]]
Nov 1825
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Pension Office August 23. 1853
Sir
I have carefully examined the papers in the case of Thomas Hewitt for a pension under the act of June 7, 1832.
This case was first filed in September 1833, has been repeatedly examined and uniformly rejected. Since the 15 th day of February 1838, no effort has been made to press this claim upon this office until within the last year; and the only new fact that is now presented for consideration is the extract from the journals of the Continental Congress, under date of Nov. 25, 1780.
From this extract it appears that Samuel Chew drew a bill of exchange on John Hancock president of Congress in favor of Michael Hendrick Leuten for the sum of 652 guilders, "expressed to be for services supplied for the Argentine Noisette, dated at Dover Dec. 8, 1777." This Bill of exchange was presented to Congress Nov. 25, 1780, nearly thirteen years after its date, and the following action was had, "Ordered, That the same be referred to the Board of admiralty, to take order." — I have carefully examined the journals of Congress, but can find no further action in relation to this Bill of exchange. It was

G. L. Yates Esq. Aug. 23. 1823
not appear that the bill was ever filed by Congress or that the Board of Admiralty ever acted upon it. Now the presentation of this matter to Congress and its mere reference, could be construed into evidence of the existence of this bill is hard to conceive. The fact is no entry or memorandum either in the do- cument of the United States or the State of Connecticut can be found tending to show this bill to be one of a public character. And when we find acts relating to existing men from the facts at St. Lounders to mention Brig, and also in relation to the trifling sum of 652 guilders expended for her benefit, it is very strange something more definite and marked cannot be found, if the ship and her crew were really in the service of either the general or state government. — The conclusion to my mind is clear  that  that that she was a private armed ship. —
But if in this respect I am wrong, still this ap- plication must be rejected without more satis- factory evidence of the service of Thomas Hewitt. The fact that other claims have been allowed or proof evidence no more conclusive than this is no reason why this claim should be allowed, only we are to adopt the principle that one error sanctifies another. — I remain Yours &c
G. L. Yates Esq. Present. —

Ballston Spa July 4 th 1856
Mr. J. B. Baird Commr of Pen
I desire to learn from you whether the name of Thomas Hermit a soldier of Seamen in the Revolu- tionary War, is upon the Pension Roll
There is supposed to be some fraud in connection with procuring his pension a number of months or years since Any information you may give will confer a great favor on his surviving widow
Yours with respect
A. A. Moore
P.S.
Mr Thomas Hermit was from New London Conn

copy
Pension Office, July 17, 1856.
Sir,
In reply to your letter of the 4 th instant, you are informed that the claim of Thomas Hewitt for pension under Act of June 7, 1832, has not been allowed. If you design further to prosecute it, you must file a power of attorney from the parties interested.
Very resp y GC
A. A. Moor, Esq. Ballston Spa, New York
1856

W. H. Clark
March 2, 1859.

Pat. Office. Mch. 24/89.
Genl.
In answer to the inclosed letter of F. D. Burtis Esq. I have the honor to state, that no application has been made to this Office for a pension in behalf of Sarah Hewett, as the widow of Thomas.
I presume Mr. Correspondent alludes to the case of Thomas Hewett of New York, an Applicant for a pension under the Act of 7 th June. 1832.
I enclose herewith a copy of a letter addressed G. F. Yates Esq. Aug. 23 d 1853, by the Commissioner of Pensions, in relation to the claim & have to add, that since this letter was written there has not been additional evidence filed material to the case.
Dr. Clark B. Cochran. Ho. Rep.

MRS. JAMES A. MILLER 600 WEST 46 TH STREET ASHTABULA, OHIO
February, 1, 1931
The Department of Interior, Bureau of Pensions, Washington, D.C. Gentlemen:
Thomas Hewitt (1757-1828) private in Capt. Grants Co. Col. Ely's Regiment. Comm. Troops in 1777, was born in Stonington, Conn. died in Sasselville, N.Y. Could you give me the names of his wife and children.
Yours very truly, Carrie M. Kay Miller. Mrs. J. A.