Revolutionary War Pension and Bounty Land Warrant Application File S. 902, for Michael Nester, New Jersey
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SERVICE * NUMBER
New Jersey Nester, Michael S902
Carded
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9791
New Jersey
Michael Nester
of Somerset in the State of N. Jersey
who was a Private in the Comp commanded
by Captain Ma[illegible] of the Regt. commanded
by Col. Ogden in the N. Jersey
line for 15 Months
Inscribed on the Roll of N. Jersey
at the rate of 50 Dollars --- Cents per annum
to commence on the 4th day of March, 1834.
Certificate of Pension issued the 18 day of June
1833 and Sent to Hon. J. F. Rand[illegible] P[illegible]
Arrears to the 4th of Mar: '33 $100
Semi-anl. allowance ending 4th Sep '33 25
$125
{Revolutionary Claim,}
{Act June 7, 1832.}
Recorded by Go. C. [Illegible] Clerk,
Book E. Vol. 3. Page 123
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Rev War
INVALID.
File No. 902
Michael Nester
Priv. N.J. Line.
Act: June 7, 1832.
Index:--Vol. A, Page 272
[Arrangement of 1870.]
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Application of
Michael Nester of
The County of Somerset
New Jersey for a pension
24495
If correct forward
Certificate to T. A.
Hartwell Somerville
N Jersey
I hereby consent the time
for which the within
named applicant 
[Illegible], be computed
at fifteen months
Jas F Randolph
Atty [illegible]
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Declaration in order to obtain the benefit of the act of Congress passes June 7th 1832
State of New Jersey
Somerset County Ss. On this 18th day of August eighteen hundred and thirty two personally appeared in open Court before the Judges of the Inferior Court of common pleas now Sitting at Bridgewater in Said County Michael Nester a resident of the Township of Bridgewater in the County of Somerset, aged Seventy three or four years of age who being duly sworn according to law doth on his oath make the following declaration in order to obtain the benefit of the act of Congress passed June 7th 1832. That he [The word served is crossed out.] entered the Service of the United States under the following named officers and Served as herein Stated. That in the year 1776, he volunteered at Springfield in the County of Essex & State of New Jersey under Capt. Brookfield Marched to Elizabeth Town & from there to Staten Island Thence to New York & served two months Colo. Thomas Commanded his Regt. Soon after he volunteered & Served a month under Capt. Horton - Colo. Ogden had the command - In abut two months he turned out again & Served another month under Capt Meeker at Elizabeth Town - After This he turned out & Served a month under Capt Woodroof Marched to Bergen point - joined the Dutch troops Colo Ogden was there - He again Volunteered & served a month under Capt Horton - marched to a place between Rahway & Woodbridge Had a skirmish with Some of the Brittish who it was said came from Amboy - He again Volunteered or enlisted for Three months. & marched to Fort Lee & from there to Fort Washington under Capt. B. Winans - From there went to Chester Thence to the White plains - Thence to Tapon Thence to Hackensack - Newark - Elizabeth Town Attached he things to Genl. Gra[illegible] division - He knows he marched with the Continental Troops - Genl. Washington was with the troops - He saw him at White plains & he came with the Troops to Elizabeth Town
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After this he volunteered & Served a month under Capt Ward - Marched to ElizabethTown - The New Blazing Star & Then over to staten Island - had a skirmish with the Refugees Again Volunteered under Capt. Little in [Illegible] Artillery took charge of two [illegible] and served a little more than two years - attached  to Gen. Maxwells division - During This time, he was stationed at Connecticut Farms Springfield - Chatham - Elizabeth Town - Rahway - Deponent was in The Battle of Springfield - saw Majr Spencers horse shot The Majr took his pistols out of the holsters - Our Troops retreated up the hill That night We attacked them again next morning and drove them four or five miles - He was born at Springfield - Cant say in what month in the year 1758 as he thinks - He has no documentary Evidence of his age & Knows of no person whose testimony he can procure who can testify to his Service - 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 -
Sworn & Subscribed his
The day & year aforesaid} Michael X Nester
mark
Wm. [Illegible] Gaston N.B. Deponent refers to the Hon Samuel Swan Judge [Illegible] John A Voorheese Esq The Hon. J. Southard & John [Illegible] his neighbors, who can testify to his Character for Veracity
Wm. B. Gaston
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We Thos. A. Hartwell & Jacob DeGroot residents of the Township of Bridgewater in Said County of Somerset hereby certify that we are well acquainted with Michael Nester who has Subscribed & Sworn to the above declaration That we believe him to be Seventy three or four years of age that he is reputed & believed in the neighborhood where he resides to have been a Soldier of the Revolution That we Concur in that opinion Sworn & Subscribed
The day & year aforesaid} Thos. A Hartwell
Wm. B. Gaston} Jacob De Groot
And the said court hereby declares 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 & served as he states & The court further certified that it appears to them that it would be inconvenient to procure The attendance of a Clergyman before Sd Court & That Jacob De Groot & Thomas A Hartwell who have signed the preceeding Certificate are residents in Sd Cunty & are credible persons & that their statement is entitled to credit. Wm. [Illegible] Gaston
I John M Mann Clerk of the Court of Common pleas in & for the said County of Somerset do hereby Certify that the foregoing contains the original proceedings in the Matter of the application of Michael Nester for a pension
In Testimony whereof I have
hereunto set my hand & Seal
of office at Bridgewater This 
Seventh day of March
AD 1833
J. M. Mann Clk
Personally appeared before me the subscriber one of the Judges of the Court of common pleas in & for said county Michael Nester the above named applicant, who being duly sworn according to Law deposeth & saith that in addition to his services above mentioned he served a month at the Short Hills in the County of Middlesex Thinks he was under Lieut Woodruff - it was in the winter of 1777 at Springfield, as much as four months, as a draft & volunteer militia Soldier - But by reason of old age & the Consequent loss of memory, he cannot Swear positively as to the precise Length of his, but according to the best of
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his Recollection & belief, he served not less than the periods mentioned below in the following grades. I served as a volunteer & drafted militia Soldier Eleven months & upwards & two years as an Enlisted Soldier, being two years & Eleven months, & for such services I claim a pension - Recollects of Serving under Colo. Frelinghuysen Was in a Skirmish under him on Staten Island against the Refugees
Sworn & Subscribed this 15th day of June 1833 before
me.} his
Wm. B. Gaston} Michael X Nester
mark
[Written vertically]
Application of
Michael Nester of
The County of Somerset
New Jersey for a pension
24495
If correct forward
Certificate to T. A. 
Hartwell Somerset
N Jersey
I hereby consent the time
for which the within
[illegible] applicant
[illegible], be computed
at fifteen months
Jas F Randolph
Atty a L
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State of New Jersey Somerset County Ss. I, John M. Mann Clerk of the Court of common pleas of Sd County do hereby Certify, that William B. Gaston Esq before whom the affidavit of the said Michael Nester was taken this day (upon this leaf) was at the time thereof & Still is one of the Judges of said County in full commission. In Testimony whereof I have hereunto
set my hand & Seal of office this 15th
of June 1833.
J. M. Mann
[Written vertically]
Application of
Michael Nester of
The County of Somerset
New Jersey for a pension
24495
If correct forward
Certificate to T. A.
Hartwell Somerville
N Jersey
I hereby consent the time
for which the within
[illegible] applicant
Served, be computed 
at fifteen months
Jas F Randolph Atty [illegible]
[Written upside down]
[Illegible]
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24495
Michael Nester
N J.
Return d. c.
Admitted
Private. 15 months
[The name T. A. Hartwell is crossed out.]
[The location Somerset N.J. is crossed out.]
James F Randolph 
[Illegible]
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WAR DEPARTMENT,
Pension Office,
183
Sir:
The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in tabular form. On comparing these papers with the following rules, and the subjoined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will shew what is necessary to be done. These points to which your attention is particularly directed, you will find marked in the margin with a brace, (thus: }). You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your claim.
A Statement, shewing the Service of Michael Nester. N J.
Period when the service was rendered Duration of the claimant's service Rank of the claimant. Name and Rank of the Company officers under whom he served. Names and Rank of the General and Field officers. Battles in which the applicant was engaged. Country through which he marched. Place of abode when he entered the service, and age at the present period. Evidence by which the declaration is supported.
1776 volun'd 2 [months] private Cp Col 73 born in Essex Cy NJ
Brookfield Thomas
entered there and now
Soon after 1 [month] " Horton Ogden Lives in Somerset Cy NJ
" " 1 [month] " Meeker
" " 1 [month] " Woodroof
again volun'd 1 [month] Horton Nows of no one to
" " 3 [months] " Winans [Illegible] Green prove his service
" " 1 [month] " Wade No Clergyman Near
" " 2 [years] or more Little Genl. Maxwell Certificate of 2 citizen
I am, respectfully,
Your obedient servant,
J. L. EDWARDS,
Commissioner of Pensions.
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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. Sate, Territory, or District of} County of} ss. On this day of A.B. a resident (b) of personally appeared (a) before in the county of and State, Territory or District 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) 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; 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 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. [Illegible] This form is to be varied to as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.}f 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. 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 hereby certify, that we are well acquainted with and C.D. residing in (the same) 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. 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 &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
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will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County, in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.
The Court will propound the following (m) interrogatories to all applicants for a pension, on account
of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State
troops of Virginia.
1. Where and in what year were you born?
2. Have you any record of your age, and if so, where is it?
3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?
4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom?
5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services.
6. {To a Soldier}Did you ever receive a discharge from the service, and if so, by whom was it given and what has become of it?
{To an Officer} Did you ever receive a commission, and if so, by whom was it signed, and what has become of it?
7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution.
The Court will see that he answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant.
The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion.
If one of these persons is a Clergyman, the Court will so certify, and they will also certify, to the character and standing of other persons, giving such certificates.
The traditionary evidence of service is deemed very important, an in the absence of any direct proof, except the declaration of the party. And the Courts are requested to be very particular in the enquire whether the belief [illegible] generaland whether any doubts have ever existed upon the subject.
Applicants unable to appear in Court by reason of bodily infirm may make the declaration before required, and submit to the examination, before a Judge or Justice of the 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.
Whether any official act is required to be done by a Judge or Justice of a Court of Record, of by a Justice of the peace, the certificate of the Secretary of State or Territory, or of the proper
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 wherehe resides. If he should fail to do so, he must assign a sufficient reason for not conforming to the rule. 
[c] The age of the claimant must invariably be mentioned.
[d] The declarant must mention the period or periods of the war when he served.
[e] Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had. Every claimant must state, with precision, the length of his service, and the different grades in which he served, in language so definite as to enable the Department to determine to what amount of pension he is entitled. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c, A. B. who being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service; but, according to the best of his recollection, he served not less that 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
days, I served as and for such service I claim a pension state that they served two years in the militia, &c. without specifying the tours, the names of the officers, and other particulars respecting the 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 the 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 he 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 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 magistrates 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.
[Illegible] The notes from [a] to 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.
[k] This traditionary evidence is indispensable in militia cases.
[l] If a witness cannot be found, the declarant must state the fact.
[m] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.