Revolutionary War Pension and Bounty Land Warrant Application File S. 9483, for Matthias Spencer, New York
Page 1

Service                                   Number
New York  Spencer Matthias  S.9483
____________________________________________________contents                                                 carded
____________________       ________________________
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24.219 New York
======
Matthias Spencer 
Dutchepleo. in the State of New York
who was a private in the Conf. commanded
by Captain Dubois of the Regt. commanded
by Col. Van Benschoten in the New York
line for 15 months and 10 days.
======
Inscribed on the Roll of New York
at the rate of 51 Dollars 00 cents per annum,
[cut off] commence on the 4th day of March, 1831.
======
Certificate of Pension issued the 8 day of Nov:
1833 -- and tenth[?] H.J. Hoffman
Pleasant Valley
======
Arrears to the 4th of Sep. '33               $125.50
Semi-anl. allowance ending 4mi3h(?)      25.50
                                                               =====
                                                              $151.00
                                                                =====
                                                            {Revolutionary Claim, }
                                                            { Act June 7, 1832.      }
Recorded by Geo. C. Stiles clerk 
Book E. Vol. 4. Page 121.
Page 3

State of New York  }
Dutchess County    } Ss
     On this twenty sixth day of September
     one thousand eight hundred & thirty
two, personally appeared in open court, before the
Judges of the Court of Common pleas in & for the County
of Dutchess now sitting Matthias Spencer a resident
of Poughkeepsie in the County of Dutchess and State of
New York aged seventy 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 7th 1832-
  That he entered the service of the United States
under the following named officer and served as
herein stated, that is to say that he insisted [sic] for the term
of six months ten days at Poughkeepsie in the County of
Dutchess & State of New York when this deponent there
residue & still resides. That the Regiment to which
this deponent was attached was command [sic] by
Colonel James Clinton, and the names of the officers
of the company in which he enlisted were Captain
Lewis DuBois, Elias Van Benscouton first Lieutenant
and Andrew Lawrence as second Lieutenant.
And this deponent saith that the time of his enlist-
ment as above mentioned was in the year one thousand
sevenhundred & seventy six, but he does not recollect
the day or month in said year, and this deponent
saith that he marched from Poughkeepsie with said
company to Albany and there joined said Regiment
commanded by Colonel James Clinton, and from
Albany said company & regiment marched to
Ticonderoga a city of about one hundred
& thirty miles from Poughkeepsie, and this deponent
saith that he was taken sick at Ticonderoga
and remained there about one month as this
deponent believes, and from thence was sent with
others that were sick to Lake George until the expiration
Page 4

[Affidavit continued from previous page]
of his said enlistment and was then discharged and
returned home, but this deponent does not recollect
that he had any written discharge and if he had
the [illegible - service?] is both And further this deponent
[illegible - further?] saith that he again enlisted in the year
following at Poughkeepsie in the County of
Dutchess & State of New York for the term[?] of six
months, in the spring or the forpart[?] of the said year
which said enlistment was under Captain Calley
Chamberlain and was attached to a Regiment
commanded by Colonel James Clinton, and from
Poughkupie aforesaid marched to Fort Montgomery
situate on the west side of the Hudson River
distance of about thirty miles - that he remained
at the said Fort Montgomery for the time of said
six months and did duty as a soldier during said
time and was then discharged & returned home
but does not recollect whether his discharge was
written or not but he has not [illegible - have?] any discharge
in his possession - And this deponent further saith
that he afterwards volunteered for the term of three
[illegible - ye-months] (but does not recollect the year) and that
he went to Fishkill under Captain Israel Vail
but the names of the other offices of the company he does
not recollect, nor does he recollect the names of any
of the field officers at [name erased]^the Bayagls^[illegible] and that he has no
documentary evidence of his said service- and 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 to and subscribed[? erased] }
this day [erased]                              }
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[Affidavit continued from previous page]

And this deponent further saith, that he was
born at Elizabeth Town in the State of New Jersey
in the year one thousand seven hundred & fifty
five as he believes, and that I have ^not^ any record
of my age other than what has been told me
and kept by me in memory, and this deponent
further saith that since the revolutionary war he 
has resided in the County of Dutchess and State of
New York - and this deponent further saith
as to the names of the regular officers who were
with the troops when he served he cannot
recollect any further than he has above stated - 
and this deponent states the names of Owen Ward
and Peter G. Palen of the County of Dutchess as
persons known in his neighborhood who can
certify as to his character for veracity and the belief
of my services as a soldier in the revolution-
Sworn to and subscribed   {Signed:} Matthias Spencer
the 26th September 1832
Henry I Praeten[?] Clerk
Page 6

State of New York  }
Dutchess County Ss}
Othniel Smith being duly sworn
deposeth & saith that he is well acquainted
with the within named Matthias Spencer and
that he served as a soldier with him at Fort
Montgomery for the time of six months as set forth
in the affidavit of the said Matthias, and
further this deponent saith that he recollects that
the said Matthing enlisted and went to the
northward [?] as it was then called; but does
not know what length of time he served, but
believes that he served as set forth in his said
affidavit-
Sworn & subscribed this
26th day of September 1832               [Signature:] Othnial Smith
Before me in open Court
[Signature:] Henry Power Clerk

We Owen Ward of Pleasant Valley in the County
of Dutchess & State of New York when Peter G. Palen
of Poughkeepsie in the County & State aforesaid
do hereby certify that we are well acquainted with
Matthias Spencer who has subscribed & sworn to
the above declaration; and that we believe him
the seventy ^seven^ years of age; and that he is
reputed & believed in the neighborhood where he
resides to have been a soldier in the revolution
and that we were in that opinion-
Sworn & subscribed this
26th day of September 1832    }  [signatures:] Owen Ward
Before me in open Court          }                        Peter Palen
[Signature:] Henry Faran Clerk
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17.3.4.
And the said Court do hereby declare their opinion
after the investigation of the matter and putting to him
Interrogations prescribed by the War Department
that the above mentioned applicant was a Revolution
-ary soldier and served as he states----
And the Court further certifies that Owen Ward
and Peter J Dalen who signed and testified to the
preceding certificate are known to them as res[-]
pectable persons entitled to credit--
    I Henry J Traver Clerk of the Court of Com-
mon Pleas of the County of Dutchess do hereby certify
that the foregoing contains the original proceedings
of the said Court in the matter of the application
of Matthias Spencer for a pension --
In testimony whereof I have hereunto set my
hand and seal of Office this 26th day of
September A D one thousand eight hundred
and thirty two -
[Signed:] Henry Grover Clerk

[Vertical written notes appended to bottom left corner]

Approved [underlined]

[truncated]  the matter of 
Matthias Spencer
14355
┃xx Pension
Page 8

State of New York    }
Dutchess County Ss }
  Personally appeared before me the
undersigned a Justice of the Peace in and for the said
County of Dutchess Mathias Spencer of the town of
Poughkeepsie who being duly sworn doth depose and
say that by reason of old age and the consequent
loss of Memory he could swear positively as to the
previous length of his service but according to the
best of his recollection he served not up than the
previous mentioned below and in the following
grades.

For one year, three month and ten days.
I served as an enlisted soldier in the Militia of
New York State troops, and for such service I
claim a pension.
  } -  }   }
And this deponent further says in order to amend
his declaration hereunto annexed, that the reason
why he did not have a clergyman to certify as
to his belief of his services as a soldier of the Revolution
that there was none there residing in his neigh
-borhood nor is there any now who have any acqua
-intance with deponent as a soldier aforesaid, That the
Clergyman who was formerly acquainted with depon
-ent has within the last three years removed from
his neighborhood to a place unknown to deponent
& further saith not.- - - 
---
Sworn & subscribed
this 24th day of September                    [Signature:] Matthias Spencer
1833 before me.
[Signature:] S B Dutton - Justice of the Peace
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State of New York
County of Dutchess
I Henry I Traver, Clerk of the County of Dutchess, Do Hereby Certify that 
Samuel B Dutton Esquire
whose name is subscribed to the annexed examinations of Matthias
Spencer and before whom the same purports to have been take was at the time a justice of the peace in and for the county aforesaid, dwelling in the said county, duly elected and sworn.
And further, that I am well acquainted with the handwriting of the said Justice and verily believe that the signature to the said examination is genuine. 
In testimony whereof, I have herunto set my hand, and affixed the seal of the said county, the firs day of October A.D. 1839
Henry I Traver Clerk
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   At a Court of Common Pleas his[?]
    in & for the County of Dutchess at the
    court house in the village of Poughkeep
    - sie in said County, October 1st 1833
Present The Hons[?]
Edward Padston
    First Judge
Robt S. Livingston  }
Stephen Thorn       }
Albor Akin &          }   Judges
Joseph I Lacham     }

And the said Court before whom the annexed
declaration therein named Mathias Spenser
and investigation was made, and before whom Othui[illegible]
- al [Orthanial?] Smith was sworn and examined on the 26th
day of September 1832. and whose name is subscribed
& his affidavit hereto annexed, do hereby certify that
it appears the said Othanial Smith is a resident
of the town of Oliphant Valley in said County of
Dutchess, and [illegible] he is a credible witness and
that his statement is entitled to credit.
      I Henry J. Brown clerk of the said
Court do hereby certify that the foregoing contains
the supplementary proceedings in the matter of
[illegible - overwritten by seal] shows an applicant for a pension
      In Testimony whereof I have hereto
      set my hand and seal of office this
      first day of October 1833.
[Signature:] Henry I Coauer[?] Clerk
Page 11

Information as contained in his (or his widow's application for pen -
sion on file in this Bureau. Matthias Spenser Sar File 9483
_______________
[The table below contains 7 columns with the following titles:]
1. Date of Enlistment or Appointment. | 2. Length of Service. | 3. Rank. | 4. Officers under whom Service Was Rendered |5. Captain. | 6. Colonel. | 7. State
[Data entry:]
Line 1, Column 1. 1776 | 2. 6 mos, 10 days|3. blank |4&5 Lewis Bubois|4&6. James Cllinton | 7. NY
Line 2. Column 1. Spring 1777 | 2. 6 mos. | 3. blank | 4&5 Colby Chambulain |4&6 James Clinton | 7. blank
Line 3. Column 1. [illegible] 2. 3 mos |3. blank | 4&5 Israil Vail | 4&6 and 7. blank.
======
[Data entry:]
Battles engaged in, ...blank
Residence of soldier at enlistment, ... Poughkeepsie, Dutchess Co N.Y.
Date of application for pension, ...Sept 26 1832 His cl. was al
Residence at date of application, ...Poughkeepsie N.Y.
Age at date of application, ...born at Elizabeth Town N.J. 1755
  Remarks: ...No data as to family
--------
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Mathias Spencer
   NY

Adm 1. year 3 months
and 10 days

[Date erased-lined thru.]
5-12-14

F. S. Hoffman
Pleasant Valley
Duhhs,. NY
Page 13

Brief objections to the admission of Pension Claims, of which those answered in negative, in red ink, will apply tot he claim of Matthias Spencer, which require further proof of explanation. 

1. Does the declaration show where the applicant resides? Yes

2. Did the declarant make the declaration in the county where he resided? Yes

3. If the applicant did not make the declaration in the county where he resides, is there any reason assigned for his not doing so? 

4. 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? No. Not sufficiently so as to ascertain the amount of pension. 

5. Has he given the names of the officer under whom he served, in conformity with the regulations? Yes

6. Has he made a relinquishment of every claim to any pension than the one under the Act of June 7, 1832?  Yes

7. Has the Court given their opinion? Yes 

8. Has the Clerk given his certificate? Yes

9. 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 

11. 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? Citizens

12. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it? No

13. 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? 

14. If the applicant's name is not found on the rolls of military service, has he produced a witness or witnesses as to his service? 
If he has produced direct proof as to service, has the magistrate who administered the oath, certified to the credibility of the witness or witnesses? No
Has the proper office certified to the official character and signature of the magistrate as the regulations direct? 

15. Does it appear from any of the papers that the witness was in such a situation, or of such as age, as to have a personal knowledge of the applicant's service? Yes

16. Are the papers authenticated as the regulations direct? Yes

17. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not 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, 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 ___________ month, and __________ days, I served as a ____________ For ____________ months and ____________ days, I served as a ______________, and for such service I claim a pension.
Page 15

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 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 shewn 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.

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 official character and signature of the magistrate must be certified by the proper officer, under his seal of office.

QUERE XVI. Mode of authenticating pr
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.
In every case where the clerk of the court, or other certifying officer, 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.
Page 16

3 - 871.
--------
RECORD DIVISION.
Department of the Interior,
BUREAU OF PENSIONS.
--------
Briefed by.. L. D. L.
Claim No. ...
Certificate No. ...
Claimant ...
Soldier ... Matthias Spenser
Services. ...N. Y.
Additional Service ...Rev. War
.........
No. ...claim, State records, 190...
No claim, combination records, 190...
REMARKS:
No claim except ...
J#9483
.........
.........
9-8  Chief Division
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Name
J - L. Edwards
Comm of Pensions
Washington City
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Pleasant Valley Oct 8th. 1833.

Respected Sir
                      Enclosed in the Pension papers in
the case of F. Benschoten & Sheins. The proceedings
in the case of F. B. have been taken do now. i am
clerk Common Pleas. & the objections heretofore
made have her named as by examination
you will receive. The declaration of Sheins[?]
has been amended, in the ordinary way herewill .
by the people . hath come as truthfully declareth[?]
Very Respectfully
I am all Luot
F J- Hoffman

Have
I - L - Edwards
Common Pleas.[?]
Page 19

[Left-hand page]
1909 July L 9 Hist. Lo
Henry S. Dermott V.L.M.
(Filed for in N. J. 19393)

[Right-hand page]
[vertical annotation:] Reohay
9483
INVALID.
-------
File No. 9483
Matthias Spencer
Priv Rev. War
-------
Act: June 7th... '/32....
Index:-- Vol. 7...,Page 353
{Arrangement of 1870.}