of

REVOLUTIONARY WAR-REGULATIONS AND FORMS.

county, in the State of —, aged 2

years, who being first duly sworn according to law, doth, on his oath, make the following declaration, in order to obtain the benefit of the provision made by the act of Congress passed June 7, 1832: that he enlisted in the army of the United States in the year and served in the regiment of the line, under the following named officers. [Here set forth the names

with 3

1 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.

2 The age of the claimant must invariably be mentioned. The declarant must mention the period or periods of the war when he served.

3 Every continental officer or soldier must give the name of the colonel under whom he served; otherwise a satisfactory examination of the claim can not be had. Every claimant, must state, with precision, the length of his service, and the different grades in which he served, in language so definite as to enable the Department to determine to what amount of pension he is entitled. In a case where the applicant can not, 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:

etc.

"Personally appeared before me, the undersigned, a justice of the peace, who being duly sworn, deposeth and sayeth that, by reason of old age, and the consequent loss of memory, he can not swear positively as to the precise length of his term of service, but according to the best of his recollection, he served not less than the period mentioned below, and in the following grades: For years, served as a—. For

months and

months and days, I 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, etc., 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 the garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.

REVOLUTIONARY WAR-REGULATIONS AND FORMS.

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 the rank and names of his officers); the town, or county, or 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].

He hereby relinquishes every claim 1 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 (Claimant's Signature.)

State of

And then will follow the certificate of the court:

And the said court do hereby declare their opinion,2 that the abovenamed applicant was a revolutionary soldier, and served as he states. (Signature of Presiding Judge.)

I, clerk of the court, within and for the county of and State of do hereby certify 3 that the foregoing contains the original proceedings of the said court, in the matter of the application of for a pension.

[L. S.]

In testimony whereof, I have hereunto set my hand and affixed the seal of said court, this day of - 18-.

1 The law makes the relinquishment indispensable, except by invalids. 2 The opinion of the court is always required.

3 The clerk must give his certificate in every case.

4 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. 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 magistrates who administer the oaths must certify to the

REVOLUTIONARY WAR-REGULATIONS AND FORMS.

Declaration No. 2. (For State Troops and Militia.)

STATE OF
County of

On this before the

day of

18-, personally appeared. in open court, court, within and for the county and State aforesaid, now sitting, - a resident of , in the county of and State of aged years, who being first duly sworn according to law, doth on his oath make the following declaration, in order to obtain the benefit of the act of Congress passed June 7, 1832: That he entered the service of the United States under the following named officers, and served as herein stated. [Here set forth the names and rank of the field and company officers; the day (if possible) and the month and the year when the claimant entered the service, and the time when he left the same; and, if under more than one engagement, he must specify the particular periods, and the rank and names of kis officers; the town, county and State in which he resided when he entered the service; whether he was drafted, was a volunteer or a substitute; the battles, if any, in which he was engaged; the country through which he marched; the continental regiments or companies with which he served (i. e., which were in same division), and the names of some of the regular officers whom he knew; together with such other particulars as may be useful in the investigation of his claim; and also, if the facts be so, that he has no documentary evidence, and that he knows of no person, whose testimony he can procure, who can testify to his service.1]

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 [or, if any, only on that of the agency of the State of -]. (Claimant's Signature.)

of

And then will be annexed the following certificate:

We,

-, a clergyman, residing in, in the county of

and

and State residing "" 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

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.

1 The notes to No. 1 are also applicable to No. 2, except as to "proof of service." This (proof of service) must also be observed in militia cases, where muster rolls are on file in the Department.

The answers to the interrogatories propounded by the court, in accordance with the regulations of the Commissioner, must all be written, and sent to the office with the declaration.

REVOLUTIONARY WAR-REGULATIONS AND FORMS.

neighborhood where he resides, to have been a soldier of the revolution; 1 and that we concur in that opinion.

(Signatures of Witnesses.)

Sworn to and subscribed before me the day and year aforesaid.

(Officer's Signature.)

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 Commissioner of Pensions, 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 who has signed the preceding certificate, is a clergyman, resident in and that [the other witness] is a credible person; and that their statement is entitled to credit.

State of -, do hereby certify that the foregoing contains the original proceedings of the said court, in the matter of the application of

a pension.

[L. S.]

for

In testimony whereof, I hereunto set my hand and the seal of said
court, this
A.D. 18-.

day of

(Clerk's Signature.)

For REGULATIONS and FORMS relating to POWERS OF ATTORNEY, see Chapter XVI.

The forms immediately preceding are intended as guides only to the draughtsman. He should not rely upon them solely, but should study carefully the regulations prescribed by the Commissioner, which point out more fully what will be required of the applicant in support of his claim.

Should interlineations or erasures be made in drawing up pension papers, they should be referred to at the bottom of the declaration or the officer's certificate before signing.

1 This traditionary evidence is indispensable in militia cases.

WIDOWS AND ORPHANS-REVOLUTIONARY WAR.

CHAPTER VIII.

GRATUITOUS PENSIONS.

SECTION I.

WIDOWS AND ORPHANS-REVOLUTIONARY WAR.

ALL pensions to widows and orphans, whether in the form of full or half-pay for a term of years or for life, are mere gratuities, and will be so considered in this compilation.

The provisions of the resolution of the Continental Congress, passed May 15, 1778,' granting half-pay for seven years to the commissioned officers of the army, were, by a resolution of August 24, 1780, extended to the widows and orphans of those officers who had died, or might die, in the service, as follows:

Resolved, That the resolution of the 15th day of May, 1778, granting half-pay for seven years to the officers of the army who should continue in service to the end of the war, be extended to the widows of those officers who have died, or shall hereafter die, in the service; to commence from the time of such officers' death, and continue for the term of seven years; or, if there be no widow, or in case of her death or intermarriage, the said half-pay be given to the children of the officer dying as aforesaid, if he shall have left any; and that it be recommended to the Legislatures of the respective States to which such officers belong, to make provision for paying the same, on account of the United States.

This resolution makes provision for half-pay for seven years to the widows and orphans of commissioned officers of the continental line only.

No further general legislation was had upon the sub1 See Chapter VII, Section I.