Revolutionary War Pension and Bounty Land Warrant Application File R. 9944, for Benjamin Spader, New Jersey
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(3-1776)

SERVICE

New Jersey

Spader, Benjamin

NUMBER

R.9944
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Benjamin Spader
4902
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State of New Jersey
Sommerset County SS

Personally appeared before me William B. Gaston one of the Justices of the Peace in and for the county of Sommerset Cornelius D. Low who being sworn on the holy evangelist of almighty God deposeth and saith that he is seventy six years of age, that he is well acquainted with Benjamin Spader who has sworn to this foregoing declaration, that deponent was out in service in the revolutionary war with said Benjamin. They lived in the same neighborhood in the township of Hillsborough & county aforesaid, both belonged to the company commanded by William VerBrike, went in said company with said Benjamin in the year 1776 in June he thinks, to the City of New York, thinks said Benjamin was out at that time in the city of New York two weeks at which time the company was ordered to  command a place on the Jersey side think he, said Benjamin, did not serve longer than three weeks at this tour he having been taken sick with the dysentery, and was taken home - Deponent was out he thinks with said Benjamin at Newark in the same year. Col John Duyckink had the command, thinks Heard was the General (Heard or Dickinson) this was about the time the army retreated through New Jersey.  After the Hessians was taken or also after the Battle of Princeton, deponent was afterwards called out in company
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with said Spader this was in the spring or the winter of 1777 was stationed alone the Millstown in said County during the winter and Spring and part of the summer of 1777, said Benjamin Spader in and about this time served about four months.  in the fall of 1777 deponent remembers of being called to Newark at which time Benjamin Spader was in company don't distinctly remember what Captain they were under at the time but thinks it was either Baird or Staats, at this time, and during the fall thinks said Benjamin served at least two months.  Deponent from the length of time cannot distinctly recoolect, but thinks the commencement of 1778 and along int he Spring of same year, said Spader performed services at least two months.  Deponent thinks and verily believes said Bejamin Spader performed his tours when called upon, was always considered a true Whig, believes he must have served between two and three years in actual service, was out off and on from the beginning to the end of the war.  don't remember of his run being about when called upon to perform his tour of duty and further deponent saith not.

Cornl. D. Low

Sworn and subscribed before me this 10th of July 1833

Wm B. Gaston

I William B. Gaston, the Justice of the Peace who admitted the above oath do hereby certify that Corneluis D. Low who has sworn to the above affidavit is a person of truth and veracity and that his statement is entitled to full credit and belief - September 4, 1833

Wm B. Gaston
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Sommerset county NJ ss

Amended declaration of Benjamin Spader taken before me William B. Gaston one of the Judges of the Court of Common Pleas in and for the County of Sommerset this 4th day of September 1833 taken under oath and done at the house of the said Benjamin he being through bodily infirmity unable to attend the court.  Deponent state that in the year 1776 in warm weather he was called to go to New York was attached to the company of Capt. William VerBrike.  Benjamin Baird was Major was at New York about 2 weeks when they were ordered over to Bergen and from there to Commanisaw, was then ton duty three or four weeks, was then taken sick with the dysentery and was taken home - after deponent got well he states he was ordered to Newark, cannot say distinctly whether Quick or Duycking had command as colonel - thinks Heard was General, was out at this time one month.  In the latter part of the fall of same year he was called to Elizabethtown to watch the movements of the British, was frequently over on Staten Island while the British had possession of the Island, was out a month at this time and then dismissed, was home but a short time before he was called out again along the Millstown in the county of Summerset.  This was in the winter of 1777 at this time & up to the spring & summer of same year, deponent was out on duty four or five months.  this was the time
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when the enemy was overrunning New Jersey and had possession of New Brunswick. Was at the Battle at Springfield, was then a month before the battle, at which time the British burnt the church and 18 other buildings was ordered after the battle of Springfield to go to Morristown and from there to Succasunny Plain was then one month guarding the continental stores - in the spring of 1778 was called out to perform a tour of duty at Elizabethtown. Was stationed as a guard was out at this time one month. volunteered and went to Englishtown was there till the day before the Monmouth battle the company to which deponent was attached at this time was not called into the engagement.  after the battle, in consequence of the want of provisions they were discharged and he returned home.  was out at this time about 2 weeks.  Deponent remembers of being frequently called out after the battle of Monmouth but by reason of old age, and great bodily infirmity, having been confined to his room for the most part of the last five years - and the consequent loss of memory, he cannot swear positively as to the precise length of his services but according to the best of his recollection, he served not less than the period mentioned below and in the following grade for at least two years as a common soldier and for such services I claim a pension.

Benjamin Spader

Sworn and subscribed before me the day and year aforesaid

Wm. B. Gaston
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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
Somerset County ss

On this Twenty first day of August 1832 personally appeared before me Henry H. Schenck one of the Judges of the Inferior Court of Common Pleas in said for the County of Somerset Benjamin Spader of the township of Hillsborough in the county and state aforesaid, aged eighty four years being unable through bodily infirmity to attend this Court, who being just 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 officer and served as he stated that he enlisted as a volunteer in the company of Captain William Verbyke under the command of Major Benjamin Baird and Colonel Henry Van Dyke, that after three years or thereabouts, said Captain Verbycke was promoted to the rank of Major in the place of Baird who deceased and Cornelius Peterson was appointed by Captain in the place of said Verbycke.  That he enlisted in the year 1775, and served during the whole period of 1775, and served during the whole period of the Revolution. That he was present and fought at the battle of Milltown and frequently went out in the scouting parties. That he fought in the battle of Springfield that he continued more than two years in service, that he was obedient to the calls of his superior
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officers and always ready at his post, has no documentary evidence of his services and has since the commencement of the war, been a resident in the township of Hillsborough in the County & State aforesaid - 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.

Benjamin Spader

Sworn to & subscribed this 23rd day of August before me the subscribed who hereby certify that deponent is unable to attend the court through bodily infirmity.

Henry H. Schenk
one of the Judge of the court of Common Pleas in & for said county

Cornelius D. Lowe being of the township of Hillsborough in the County of Somerset and state of New Jersey being duly sworn according to law deposeth and saith that he has been well acquainted with Benjamin Spader who has subscribed the above declaration, since their earliest days, That he enlisted as a volunteer in the same company at the same time with said Benjamin Spader, that they continued together in the service during the war and performed as stated in the above declaration, which is in all things time that said Benjamin Spader is reputed and believe in the neighborhood where he resides to have been a soldier of the revolution, and that his character for veracity if unimpeachable.

Cornl. D. Lowe

Sworn to and subscribed the day & year aforesaid
Wm. B. Gaston
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We, Gabriel Ludlow, a clergy man residing in the County of Somerset and State of New Jersey and Abraham Van Deripe is a resident in the County and state aforesaid, hereby certify that we are well acquainted with Benjamin Spader, who has subscribed and sworn to the above declaration that we believe him to be eighty four years of age; that he is reputed and believed, in the neighborhood where he resides to have been a soldier of the Revolution for we know not to the contrary and that we concur in that opinion/

Gabriel Ludlow
Abraham Van Deripe

Sworn to and subscribed the day and year aforesaid in open court
Wm B. Gaston

And the said court of Common Pleas in and for Somerset County do hereby declare their opinion after the investigation of the matter, and after reading the answers in the declaration made to the interrogatories prescribed by the war department, that the above named applicant was a revolutionary soldier, and served as is stated in the declaration, and the court further certifies that it appears to him that Gabriel Ludlow who has signed the same is a clergyman resident in the County and state aforesaid and that Abraham Van Deripe who has also signed the same is a resident in the county and state aforesaid and is a credible person and that their statement is entitled to credit.

Wm B. Gaston
Henry H. Schenk
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Answers to the Interrogatories prescribed by the War Department

1st  I was born in the township of Hillsborough in the County of Somerset & state of New Jersey on the 24th day of November 1747

2nd  My age is recorded in my family bible which is in my own possession

3rd  I was living in the township of Hillsborough in the county of somerset when called into the services, have lived there since the Revolutionary War and live there present

4th  I was drafted when the Militia were first called out in the Company of Captain Wm. Verbuyck under the command of Major Baird and Colonel Quick

5th  I remember that Colonel Frederick Frelinghuysen was frequently with the troops where I reside I also recollect seeing General Heard but from symptoms of old age & the consequent loss of memory I cannot state the names of other  regiment officers (besides my own) who were with the troops where I served, Neither can I recollect precisely the names of the regiments, so many years having intervened since that  time but my duties were always arduous.

6th  I never received a discharge from the services, but continued therein from the commencement to the end of the war.

7th  I am known in my neighborhood to Doctor Henry H. Schenk, James D. Stryker Esq. a Doctor Jacob R. Schenk and James W. Todd Esq. who can testify as to my character for veracity.
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and their belief of my service as a soldier of the Revolution and I hereby state that no person is living who remembers my services in the revolution, except Cornls. D. Lowe who has made a foregoing affidavit.

Benjamin Spader

Sworn and subscribed before me

Wm. B. Gaston

State of New Jersey
Somerset County ss

Personally appeared before me, the subscriber, one of the Judges of the Court of Common Pleas in and for the County of Somerset, Benjamin Spader, who being duly sworn, deposeth and saith that my 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 recollections, he served not less than two years as a common soldier int he company first commanded by Captain Wm. Verbuyck & afterwards by Captain Cornelius Peterson & others and for such service he claims a pension.

Benjamin Spader

Sworn & subscribed before me this 4th day of September 1833

Wm. B. Gaston
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State of New Jersey
Somerset County

I John W. Mann Clerk of the Inferior court of common pleas in and for said County do hereby certify that Henry H. Schenk & William B. Gaston before whom the foregoing affidavits were made and whose proper signatures are thereto subscribed was at the time of the state thereof and now are Judges of said court duly commissioned & so set my hand and seal of office this fifth day of September eighteen hundred and thirty three.

J.  W. Mann
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[the following is crossed out]
Acts of July 14, 1862 and March 3,1870

9944

[stamped]  REJECTED

P.O  Benjamin Spader

Service:  (blank)

Enlisted:  (blank)
Discharged:  (blank)

Application filed:  (blank)

Alleges:  (blank)

Re-enlisted:  (blank)
Attorney:  (blank)
P.O. (blank)
(blank) Recognized.  (blank)  Contra
(blank) Cert. of dis.  Searched for (blank)
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New Jersey

Revol.

Benjamin Spader

See let. to L Condict Esq.

October 24 1833

9944

Act 7th June 1832
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L902

Benjamin Spader

suspend
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WAR DEPARTMENT,
Pension Office
April 29 1883

Sir:

The evidence in support of your claim, under the act of June 7, 1832 has been examined and the papers are herewith returned.  The following is a statement of your case in a tabular form.  On comparing these papers with the following rules and subscribed notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed.  The notes and the regulations will show what is necessary to be done. These points to which your attention is more particularly directed, you will find marked in  the margin with a brace (thus: }).  You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request greatly facilitate the investigation of your claim.

A STATEMENT, showing the service of
 [all columns are blank]

Period when the service was rendered:
Duration of the claimants service:
Rank of the claimant:
Name 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:

I am respectfully,
your obedient servant
J.L. EDWARDS,
Commissioner of Pensions

Mr. Benj. Spader
NJ
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2
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, etc., Teamsters, Boatmen, etc.  Persons who served on board of private armed vessels are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service.

Four general classes of cases are embraced in this law:
1.  The Regular Troops.
2.  The State Troops, Militia, and Volunteers.
3.  Persons employed in the Naval Service.
4.  Indian Spies.

As rolls of the regular troops in the Revolutionary War exist in this Department, all persons claiming the benefit of this law as officers, non=-commissioned officers, musicians or privates, will, in the first instance, make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides.  And every Court having by law a seal and Clerk is considered a Court of Record.

DECLARATION,

In order to obtain the benefit of the Act of Congress of the 7th of June , 1832.

State, Territory, or District of, County of } ss.

On this (blank) day of (blank) personally appeared (a) before (blank) A.B. a resident (b) of (blank) in the county of (blank) and State, Territory or district of (blank) aged (blank) years, who being first duly sworn, according to law, doth on his oath make the following declaration, i 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 9d) (blank), with (blank) and served in the (blank) (e) regiment of the (blank) 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, etc.]

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 (blank) 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.
(blank) of the Court of (blank) do hereby certify (h) that the foregoing contains the original proveedings of the said Court in the matter of the application of (blank) for a pension.

In testimony whereof, I have hereunto set my hand and seal of office (i) this (blank) day of (blank) etc.

If, on examination of the proper record, the names of applicants, making such delcaration, 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 (blank) and D.C. residing in (the same) hereby certify that we are well acquainted with (blank) who has subscribed and sworn to the above declaration; that we believe him to be (blank) years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolutions, 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. and that DC.D., who has also signed the same is a resident in the (blank) and is a credible person, and that their statement is entitled to credit.
I, (blank) Clerk of the Court of (blank) do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of (blank) for a pension.  

In testimony whereof, I have hereunto set my hand and seal of office, this (blank) day of (blank).

[the following is in large parentheses]

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
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[continued under parentheses]

will be indispensable to a favorable action upon his case.  The facts stated will afford one of the principal means of corroborating th3e 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 the 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 live now?
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 traditionary evidence of service id deemed very important, in the absence of any direct proof, except the declaration of the party.  And the Courts are requested to be very particular in the enquiry whether the belief is general, and whether any doubts have ever existed upon the subject.

Applicants unable to appear in Court, by reason of bodily infirmity, may make the declaration before required, and submit to the examination before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the court.

Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the Peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature.

No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.

(a)  The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance.
(b) The declarant must make his declaration in the county where he resides.  If he should fail to do so, he must assign a sufficient reason for not conforming to the rule.
(c)  The age of the claimant must invariably be mentioned.
(d)  The declarant must mention the period or periods of the war when he served.
(e)  Every continental officer or soldier must give the name of the colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had.  Every claimant must state with precision the length of his services, and the different grades in which he served, in language so definite as to enable the Department to determine to what amount of pension he is entitled.  In a case where the applicant cannot by reason of the loss of memory, state precisely how long he service, he should amend his declaration by making an affidavit in the following words:  "personally appeared before me the undersigned, a Justice of the Peace, etc.  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:  " (blank) for (blank) year(blank) months, and (blank) days, I served as a (blank).  for (blank) months and (blank) days , I served as a (blank); 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