Revolutionary War Pension and Bounty Land Warrant Application File R. 9940, for Zedekiah South, New Jersey
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(3-1776)

SERVICE
New Jersey

 South, Zedekiah 

NUMBER
R. 9940

CONTENTS
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11850 Zedekiah South See letter to Hon L Cap of Febry 13 '33 14. 29 Sep 32 13 Dec -- J H Tiffany Caughnawaga NY 153
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Brief in the case of Zedekian South of Glen in the State of New York (Act 7th June, 1832.) 1. Was the declaration made before a Court or a Judge? Open Court. 2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity? 3. How old is he? Seventy Six years 4. State his service, as directed in the form annexed. Period: Volunteer in 1776 July Duration of Service. about 3 years, and other service till peace. Names of General and Field Officers under whom he served. Capt. Artaby, Capt. Deboe, Col. Hyer, Maj. Scudder. 5. In what battles was he engaged? Nanton, Monmouth. 6. Where did he reside when he entered the service? Middlesex County, NY 7. Is his statement supported by living witnesses, by documentary proof, by traditionary evidence, by incidental evidence, or by the rolls? Charly Fisher, a living witness more than 2 yr ? serving ? says from 1778 to 1783. A clergyman & Josiah Depuy & Th [Gardenoy?] certify to traditionary evidence. 8. Are the papers defective as to form or authentication? and if so, in what respect? Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned. D Kurtz, Examining Clerk.
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Declaration to obtain the benefit of the act of Congress of the 7th of June 1832. State of New York County of Montgomery SS} On the nineteenth day of September in the year eighteen hundred & thirty two personally appeared in open court before the the judges of the court of Common pleas of the County of Montgomery, in the State of New York, Zedekiah South, a resident of the town of Glen, in the same county & state, aged Seventy six 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 7th,June, 1832. And in answer to the interrogatories put by the court says That he entered the service of the United States under the following named officers & served as herein stated "I, the said Zedekiah South was born in Middlesex County, State of New Jersey, on the 28th Day of December, in the year 1755 as I was informed by my parents, & that I have in my possession a bible which belonged to my parents, in which my birth day is registered, as above, & that is all the record, of my age that I have seen, or know of. And that I resided in the same place when I was called into service - and that immediately after the close of the war, I removed from the State of New Jersey to the neighborhood of where I now reside, & which is now comprised in the town & county of Middlesex, in New Jersey, aforesaid, in July in the year 1776, & but a few days after Independence was declared. That said company was commanded by Captain Artaby & after his death by Captain Deboe, The company blonged to Col Jacob Heyer's regiment; William Scudder was major; The brigidier general's name I do not certainly recollect, but believe it was Anderson. Being then an unmarried man, & a shoemaker by trade, I changed my districts of residence, and served a time in Captain Twigleys company I served for about three years in a company in which Charles Fisher, now a resident of the county of Montgomery, aforesaid was a lieutenant; the same person whose affidavit is hereunto annexed and the company as commanded by Captain Artaby & Deboe I was with Captain Cole for about six months transported provisions, [?] from Tenton to White Plains, in New York - I was at Trenton, New Jersey and Captain Twigley's company, at the taking of the Hessians, & previously laid in Pennsylvania, on the Delaware,
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General Washington commanded the army - I was at the skirmish of the draw bridge, at [?] Nutts between Borden town & Trenton; I pilloted the Americans & assisted in taking up the drawbridge to prevent the british advancing - I was at the Battle of Monmouth, in Captain Twigley's company, Colonel Philips was present. General Washington was present; General Lee's sword was then taken from him by me of Genl Washington's aids, as I understood. The weather was uncommonly hot, & I think it was on the Sabbath day; the British retreated, & the next day, I think came & buried their dead. I assisted at driving the British out of Brunswick. I do not certainly recollect who was my officer there, Colonel Heyer and Captain John Piatt were present. I was in the service, in the militia, during from a short time after declaration of Independence until peace, including the six months in the wagon service as aforesaid. I never received a Discharge, and do not know that any of the militia or volunteers receiveda written discharge. Our Captain merely told us we might go home, our time was up. I served as a private during the time aforesaid. I do not know of any other person in this part of the country who knows of my military service, excepting Lieut. Charles Fisher aforesaid. I have been acquainted with Mr. Thomas Gardener & Isaiah Depuy of this town for above 30 years - & from a long time with [?] Wm Van Horne - that I am poor & unable to go to New Jersey to search for witnesses - even if I {?} them there & alive - That I the said Zedekiah South do hereby relinquish every claim, whatever to a pension or annuity except the present & declares that my name is not in the pension roll of the agency or the agency of any state - Zedekian South Sworn in Open Court the day & year aforesaid Geo. D. Ferguson, Clerk
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State of New York, Montgomery County, SS. 
On the thirteenth day of July in the year eighteen hundred and thirty two before the undersigned, one of the Justices of the Peace in and for the county of Montgomery aforesaid, personally appeared Charles Fisher, at present residing in the town of Glen, in the County & State aforesaid, who being duly sworn according to law does, on his oath say, That he was born in New Brunswick County of Middlesex, State of New Jersey, on the 19th day of August in the year 1751, & is eighty one years of age - That he resided in East Windsor Middlesex County, State aforesaid, when he was called into the service of the United States under Captain Vincent Wetherel & continued in that service nine months - that he enlisted a few days after the declaration of Independence in the year 1776, in the month of July. That he afterwards volunteered in the company of Captain Artaby of the New Jersey militia in Middlesex County aforesaid, & served under him until the year 1783 (Captain Artaby, whose Christian name he believes was William) and a few days after joining recieved a commission of Lieutenant in said Capt. Artaby's company, in Col. Jacob Heyer's Regiment - That Zedekiah  South formerly of the State of New Jersey, & now of Glen, in the County & State of New York, whose declaration is hereunto annexed was a private soldier in said Captain Artaby & Captain Deboe (who this deponent believes succeeded said Artaby in command) for more than twenty four months - That this deponent served
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as Lieutenant in said Company from the year 1778 until the peace in 1783 & recollects well that said Zedekiah South belonged to & served in said company during that time - Charles Fisher Subscribed & Sworn before me July 13, 1832 Thos Robson Justice
We Abraham Van Horne, of the town of Johnstown of in the County of Montgomery & state of New York a clergyman and Isaiah Depuy & Thomas Gardinier, of & residing in the town of Glen in said county, hereby certify that we are well acquainted with Zedekiah South who has subscribed and sworn to the above declaration; that we believe him to be seventy six years of age; that he is reputed & believed in the neighborhood where he lives & resides to have been a soldier of the revolution and that we concur in that opinion. Abraham Van Horne, VSM, Isaiah Depuy, Thomas Gardinier Sworn & subscribed in open court AD the day & year aforesaid Geo. D. Ferguson, clerk. And the said court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatoires prescribed by the War department, that the above named applicant was a revolutionary Soldier, & served as he states, and the Court further certifies that it appears to them that Abraham Van Horn, who has signed the preceding certificate is a clergyman resident in the town of Johnstown in Montgomery County, and that Isaiah Depuy & Thomas Gardinier who have also signed the same are residents in the town of Glen in said county, & are credible persons, & that their statement is entitled to credit I George D. Ferguson, clerk of the Court of Common pleas of Montgomery County do hereby certify that the foregoing contains the original proceedings of the said court in the matter of the application of Zedekiah South for a pension In testimony whereof I have hereunto set my hand & seal of office this 25th day of September 1832. Geo. D. Ferguson.
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Zedekiah South - 11850 Enclose certificate to answer - to J. H . Tiffany Caughnawaga State of N. York.
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State of New York Montgomery County, SS. I, George D. Ferguson, clerk of the County of Montgomery do hereby certify that Thomas Robson Junior, before whom the annexed affidavit of Charles Fisher of the date of July thirteenth 1832, purports to have been sworn, was on the day of the date thereof a Justice of the Peace of the said County and that I am well acquainted with the handwriting of the said Justice & verily believe that the name of the said Justice subscribed to the said affidavit is Genuine. In testimony whereof I have hereunto set my hand and seal this 25th day of September 1832. Geo. D. Ferguson
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Zedekiah South 11850 Enclose Certificate or answer to J.H. Tiffany, Caughnawaga, State of New York
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Zedekiah South 11850 Enclose certificate to answer to J.H. Tiffany, Caughnawaga State of N. York.
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State of New York Montgomery County SS: I George D. Ferguson Clerk of the Court of Common Pleas of the County of Montgomery do hereby certify that Thomas Robson name appears subscribed to the foregoing certificate of the credibility of Charles Fisher was on the date of the said certificate a Justice of the Peace of the said county: & that I am well acquainted with the hand writing of said Justice & verily believe that his name subscribed to said certificate is Genuine In testimony whereof I have hereunto set my hand and seal of office this 24th day of December 1832. Geo. D. Ferguson, Clerk.
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Zedekiah South Retained on file.
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BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of Zedekiah South 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 amout of pension he is entitled? Yes. VI. Has he given the names of the officers under whom he served, in comformity with the regulations? Yes. 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.
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2
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?

MM

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?

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?
MM

XVI. Are the papers authenticated as the regulations direct?
MM

XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered?
[illegible]

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 [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."
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It is important in all cases to determine with precision the period for which the 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 laving 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. QUERE XVI. Mode of authenticating papers. In every instance where the certificate of the certifying officer who authenticated 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 end 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. NB. N. XIV: Certificate of the magistrate to the credibility of witness & clerks official certificate of magistrates supplied as per brief required.
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9940 oin Zedekiah South Discharged: NJ REJECTED
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New York Revo. Zedekiah South Suspended let. Hon L Cap 13 Feb 33 - let. to J.H. Tiffany 24 Jany '33 See let to Hon C Mc Vean May 14, '34. 9940 Act 7 June '32.