Revolutionary War Pension and Bounty Land Warrant Application File S. 23,416, for David Shipman, New Jersey
Page 1

(3-1776)
SERVICE
New Jersey

Shipman, David

NUMBER
S.23.416
===
CONTENTS
Page 2

Judge Nye's Certificate that satisfactory evidence has been made to him of the death of David Shipman & of the names & number of children he left & the name and number of them, who now survive
Page 3

State of New York, County of Madison ss: David Shipman a resident of the town of Smithfield in the said County of Madison being duly sworn according to law deposes and says that he is a son of David Shipman late of the said town of Smithfield deceased, that he had for many years as long as deponent can remember been reputed to have been a soldier in the army of the Revolution. That said David Shipman, this deponents father, died in the said town of Smithfield on or about the twenty third day of January A.D. 1840 and at his death he left the following named children his heirs, to wit Fanny Chaffee, the wife of Ezra Chaffee; Patty Munger the wife of Eliel Munger; Phebe Ames the wife of Amos Ames; and David Shipman this deponent, and that the said Fanny Chaffee, Phebe Ames and this deponent are all of the children of the said David Shipman deceased who are still living -- The wife of the said David Shipman deceased died before his death, and he left no widow

[signed] David Shipman

Before me sworn to and subscribed the tenth day of October A.D. 1851
A. C. Stone Justice Peace
Page 4

I the within named Justice of the Peace certify that I am well acquainted with the within named David Shipman and that he is a credible witness

[signed] A. C. Stone Justice Peace
Page 5

State of New York County of Madison ss : Frederick Myers a resident of the town of Smithfield in the said County being duly sworn deposes and says that he was well acquainted with David Shipman Senior, formerly a resident of the said town, deceased; that when he died and for several years before his death he lived a neighbor to this deponent; that he died on or about the twenty third day of January AD 1840 and this deponent well remembers the time and place of his death, and watched with him several nights in his last sickness & attended his funeral When he died he left the following named children his heirs to wit Fanny Chaffee the wife of Ezra Chaffee; Patty Munger the wife of Eliel Munger; Phebe Ames the wife of Amos Ames; and David Shipman Jun'r. And that the said Fanny Chaffee, Phebe Ames and David Shipman Jun'r. one all the children of said David Shipman Senior who are are still living

And this deponent further says the said David Shipman was and for many years had been reputed to have been a soldier in the army of the Revolution. He died in Smithfield aforesaid.

- Before me Sworn to and subscribed the second [?] day of October A D 1851
[signed] A. C. Stone Justice Peace

[signed] Fredrick Myers
Page 6

I the within named Justice of the Peace certify that I am well acquainted with the within named Frederick Myers and that he is a credible witness

A. C. Stone Justice Peace

State of New York
Madison County ss: I, Lorenzo D. Dana, Clerk of the County & Supreme Courts of the said County do hereby certify that A.C. Stone Esq. is a Justice of the Peace in & for said County, duly elected & qualified & authorized to administer oaths for general purposes & to take acknowledgment of deeds & other instruments in writing; that his term of office commenced on the first day of January AD 1849 & will expire with the thirty first day of December AD 1852 & that his signatures to ^the jurats of the foregoing affidavits & also the foregoing certificates are genuine.

Given under my hand & the seal of the said Courts & County this first day of March AD 1852.

L. D. Dana Clerk.

[written vertically, overlapping the above:]
Affidavit of Frederick Myers
Page 7

State of New York, County of Madison ss: I James W. Nye, County Judge of the said County of Madison do hereby certify, that satisfactory evidence by affidavits, has been exhibited to me, that David Shipman, Senior, late of the town of Smithfield in the said County, died in the said town of Smithfield on or about the twenty third day of January A.D. one thousand eight hundred and forty; and that at his death he left the following named children, his heirs, to wit, Fanny Chaffe the wife of Ezra Chaffe; Patty Munger the wife of Eliel Munger; Phebe Ames the wife of Amos Ames; and David Shipman, son of the said David Shipman deceased; and that David Shipman son of the said David Shipman deceased, Fanny Chaffe and Phebe Ames are now the only surviving children of the said David Shipman, deceased, and that the said David Shipman deceased left no widow.

Dated at Morrisville in the said County October 24th A.D. 1851 }

[signed] James W Nye
Judge of Mad Co
Page 8

STATE OF NEW-YORK,
Clerk's Office, Madison County, } ss.

I, [crossed out: ZADOCK T. BENTLEY] Lorenzo D. Dana, Clerk of said County, do hereby certify, that James W. Nye whose name is subscribed to the certificate of the proof [lined out: or acknowledgment] of the annexed instrument, and thereon written, was, at the time of taking such proof [lined out: or acknowledgment], a [lined out: Justice of the Peace] County Judge in and for said County, duly elected or appointed, and qualified, and authorized by the laws of said State to take the same; and that I am well acquainted with his hand-writing, and verily believe the signature to the said certificate is genuine.

IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal, the first day of March 1852

L. D. Dana
Clerk.
Page 9

15.982
David Shipman
Madison Co N York
[lined out] C.j.
retr'd
d c j
Sept. 21. 1833
A final decision on these papers may be returned to me at Morrisville Madison County New York
Epenetus Holmes
agent for David Shipman
A.S. Sloan esq'r
[lined out] Epanetus Holmes
[faint] Morrisville
Page 10

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 a 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. Those 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, shewing the service of David Shipman

[Table, 9 columns, 1 row below these headings:]
Period when the service was rendered. |
Duration of the claimant's service. Years. Months. Days. |
Rank of the claimant. |
Names 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.

1 July - The applicant states that all the time he was in the service of the United States in the Revolutionary War was not less than five years [6 words underlined] He cannot state the different times of service or officers under whom he served |
Private |
Capt Britten |
Maj'r Hays Col Spencer G'l Winds |
Springfield |
Elizabeth town to Brunswick to Morristown & to Springfield |
80 years - Newark n Jersey |
By living witnesses a Clergyman

I am, respectfully,
Your obedient servant,
J. L. EDWARDS,
Commissioner of Pensions.
Page 11

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 brand 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 were 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 __ day of __ personally appeared (a) before A.B. a resident (b) of __ in the county of __ and State, Territory or District of __ aged (c) __ 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) __, with __ 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, 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, &c.]

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 solider, 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.

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 __ and C.D. residing in (the same) 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 neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.

Sworn and subscribed the day 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. 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 __ day of __ &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 knowledges 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
Page 12

3
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 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 who 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 who 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 solider, 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, 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 a 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 trans-nit such evidenced 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.
[THE LINE ABOVE IS CIRCLED]

[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 consequent loss of memory, he cannot sweat 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 __ 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 tot he 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 expression are objectionable. Some persons who apply for pensions merely state that they served two years in the militia, &e 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 tern 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.
[ALL OF SECTION (e) IS INDICATED BY BRACKETS IN BOTH MARGINS. PORTIONS BEGINNING AT "Some persons who apply" ARE UNDERLINED.]

[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 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 she et 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 end of which must pass un der the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
[THIS PARAGRAPH IS INDICATED WITH BRACKET IN RIGHT MARGIN]

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 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 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.
[THIS PARAGRAPH IS INDICATED BY BRACKETS IN BOTH MARGINS. THE SENTENCE "The magistrate who ..." IS UNDERLINED.]

[Pointing hand] The notes from [a] to [i] 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 seat to the War Department, with the declaration.

[The following is hand-written beneath:]
There was no continued uninterrupted term of actual service in the militia of the State of New Jersey for the length of time stated by the applicant -- Applicant should amend his declaration indicated by the services above under note e
Page 13

David Shipman's application for a Pension --
app
Page 14

Declaration in order to obtain the benefit of the act of Congress passed June 7th 1832

State of New York, Madison County ss. On this 9th day of October in the year of our Lord 1832 personally appeared in open court before the Court of Common Pleas of the said County of Madison, now sitting, David Shipman, a resident of Smithfield in the County aforesaid, aged Eighty 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 was born at Newark, New Jersey in the year of our Lord 1752 by information That he entered the service under the following named officers, and served as herein stated that is to say, in the year, that the Brittish army in the revolutionary war, came into New York, he at Elizabethtown in New Jersey, went into the service of the United States, as a volunteer Militia man under Captain William Britton, Major Hays, Col. Spencer and General Winds. That in this year he thus entered about the first of July. That after he entered the said service he was first marched to Elizabethtown Point, and was there employed in building a fort and entrenchments. He lay at this place when the Brittish entered and took New York. That when the Brittish, after taking New York, passed into New Jersey, this applicant with the Regiment, to which he belonged, marched to Brunswick; and as the Brittish army advanced, they were ordered and marched to Bon brook [Bound Brook], and thence they were marched to Morristown, and thence to Chatham, & thence to Springfield; at this place, this applicant, was in a battle, with some of the
Page 15

Brittish in the night. Thence they marched to Connecticut Farms. At this place they had a Skirmish with the Brittish and took and killed a number of them. From Connecticut Farms, they marched to Elizabethtown. In Elizabeth town Creek they took three boat loads of the Brittish baggage. While he was at Morristown as above stated, he was presented with enlisting orders and enlisted under the aforesaid Capt. Britton, in Col. Spencer's Regiment, for three months, which term he served out, and then continued on in the service. That, when Burgoyne came from the north into the State of New York, the Regiment to which this applicant belonged, were ordered into the State of New York, and this applicant with said Regiment marched along up the North River, till they reached a place near Albany the name of which he does not Remember. Here they were informed that Burgoyne had surrendered, and their General (Winds) ordered them about, and they marched directly back to Elizabeth town. This applicant cannot from defect of memory state particularly every time he was transfered from one company to another, but he remembers that he was a great part of the time, in the United States service until the war closed, and most of the time under the command of General Winds. That at the close of the War, he with the Regiment to which he belonged were paraded at Elizabeth town Point and all were discharged, but no written discharges were given. That in the course of the War, he served a while under one Capt. Gillam, and Captain Reeves, and towards the last of the War
Page 16

he served two or three months under Captain Camp. He remembers that at one time the Brittish came out from Staten Island, to the number of Eleven thousand as was said, and made two trials to go to Morristown. The first day after they landed they came a little above Connecticut Farms, and the American Army in which this applicant was and the militia met them, and fought them and retreated all day, or until four o'clock in the afternoon. After this the Brittish retreated to Elizabethtown Point and lay there a fortnight, and then came out again, and at this time they went into Springfield, and here again the Regiment to which this applicant ^belonged and in which he then was, fought them almost all day. They left Springfield, the same night after setting fire to a part of the town. This applicant was in a skirmish with the Brittish that came out from Staten Island, at a place called Woodbridge in New Jersey. This applicant states that he verily believes, that all the time he was in the service of the United States in the Revolutionary war, was not less than five years.
Page 17

This applicant further says that the the place where he was born, was Newark in New Jersey.

And the time, he does not know, only as Stated ^above. He has no record of his age. He was living at Elizabeth town when called into the Service [last 5 words inserted] and this was his home while in the Service of the United States. That he has since lived in New York about three years, and from thence he moved to Charleton in Montgomery County in New York where he lived about three years, and then he moved to his present place of residence.

When he went into the Service as above stated he volunteered.

He recollects no Regular officers nor continental or militia Regiments, who were with the troops where he served except those mentioned above, and one Col. Wilson.

He never rec'd any written discharge from the Service.
Page 18

He is known in the neighborhood in which he lives to Gerret Smith [Gerrit Smith] Esq, Nehemiah Huntington, Esq. Capt Frederick A. Myers, Elder Ranson, Seth Lockwood, and Thomas Beekman Esq'r. late member of Congress, who can testify as to his character for veracity and their belief of his services as a soldier of the Revolution. Further reference may be made to Joseph S. Palmer Esq'r. now high Sheriff of the aforesaid County of Madison.

He has now no documentary Evidence, and 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 in the pension roll of the Agency of any State.

[signed] David Shipman

Sworn to and subscribed the day and year aforesaid
A.S. Sloan Clk
Page 19

We Dier D. Ransom a Clergyman residing in the town of Smithfield in the County of Madison in the State of New York, and Seth Lockwood residing in the same town hereby certify that we are well acquainted with David Shipman who has subscribed and sworn to the above declaration, that we believe him to be Eighty years of age, that he is reputed and believed in the neighborhood where he resides to have been a soldier of the Revolution and we concur in that opinion.

Sworn and Subscribed the day and year aforesaid
A.S. Sloan Clk }

[signed] Dyer D. Ransom
[signed] Seth Lockwood

And the 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 Dier D. Ransom who has signed the preceeding certificate, is a clergyman, resident in the town of Smithfield in the County aforesaid and that Seth Lockwood who has also signed the same is a resident in the same town and is a credible person, and that their statement is entitled to credit.

I Andrew S. Sloan Clerk of the Court of Common Pleas of the County of Madison aforesaid, do hereby certify that the foregoing, contains the original proceedings of the said Court in the matter of the
Page 20

application of David Shipman for a pension

In testimony whereof I have hereunto set my hand and seal of office this ninth day of October in the year of our Lord 1832.

A. S. Sloan Clk
Page 21

Revolution
23416
INVALID.
File No. 23,416
David Shipman
Pri Rev War
Act: June 7" 32"
Index:-- Vol. 2, Page 364
[Arrangement of 1870.]
Page 22

33.266
New York. Albany
David Shipman
-- in the State of --
who was a private in the -- commanded
by Captain -- of the NJ commanded
by -- in the Revolution,
[crossed out: line] for 6 months --

Inscribed on the Roll of Albany at the rate of 20. Dollars 00 Cents per annum, to commence on the 4th day of March, 1831. and end January 3d. 1840

Certificate of Pension issued the 21st day of August 1854 and sent to E. Holmes Morrisville Madison Co. N. York

Arrears to the 4th of
Semi-ant. allowance ending

{ Revolutionary Claim, Act June 7, 1832. }
by G. T. Getty Clerk,
Vol. 4, Page 242
Page 23

David Shipman
N. Y [?]
Cole

[postmark] MORRISVILLE N.Y. AUG 12

[written downward]
Official Business
Commissioner of Pensions
Washington D C

[stamp] FREE
Page 24

M New York
Revo Act 7th June 1832
David Shipman
Suspended
See letter of 26 Aug't 1[83]4
to A. S. Sloan
let to Hon W K Fuller 3 April '35
Page 25

New Jersey Roll.
Page 26

New York (Albany) Roll
David Shipman, etc
who was a private New
New Jersey troops
old Act June 7, 1832
6 mo private
$20 per Ann
Com March 4, 1831,
End January 3. 1840, when he died.
Payable to David Shipman Fanny Chaffe & Philo Ames, only children, &c
E. Holmes, Esq
Morrisville
Madison Co NY
Page 27

[left side]
15.982
David Shipman
NY
E Holmes June 22/52
Same June 11/53
Same Aug 30/53
Same Oct 6/53
Hon Gerrit Smith Dec 21/53
" Let same July 25/54
Act June 7 1832

[right side]
E. Holmes
Oct 6/53
Page 28

Additional Evidence.

No. 5
Page 29

Matter of David Shipman Jun'r. and other children of David Shipman sen'r deceased, on an application for a pension on account of the services of David Shipman Senior as a soldier in the Revolutionary War of the United States

State of New York, County of Madison ss. Sylvanus Mathewson of the town of Stockbridge in the said County being duly Sworn deposes and says that he is forty four years of age; that he was born as he has been informed and believes in the town of Smithfield in the said County, and resided the first thirty one years of his life in the said town of Smithfield, in the said County; and all that time within one mile and an half of the residence of the aforesaid David Shipman sen'r. which was in the same neighborhood in which this deponent was born and brought up. This deponent was well acquainted with the said David Shipman Senior until he died; and that the said David all the time deponent was thus acquainted with him enjoyed the reputation of an honest upright man, and this deponent never heard any thing of him to the contrary of this. And this deponent further says that from the earliest of his acquaintance with the said David Shipman Sen'r. he had the general reputation in that neighborhood of having been
Page 30

a soldier in the service of the United States in the war of the Revolution, and this deponent has heard the said David Shipman say that he served an apprenticeship with a man, who was by trade a mason, and who served as a soldier of the United States in the war of the Revolution, in New Jersey: and that he said David while in the service of said States in that war assisted the said man, who learned him his trade of a Mason to build ovens for some troops in the service of the United States in New Jersey.

And this deponent further says that for a considerable time of the latter ^part of said David's life his memory failed.

Subscribed and sworn to before me the Sixteenth day of February A.D. 1852 & I certify that I am well acquainted with the above named Sylvanus Mathewson and that he is a credible witness. The word "part" interlined before being signed and sworn to.

[signed] A. C. Stone Justice Peace
[signed] Sylvanus Mathewson
Page 31

Matter of David Shipman Jun'r and other children of David Shipman deceased on an application for a pension on account of the services of the said David Shipman Sen'r in the War of the Revolution
---
State of New York County of Madison ss: Asahel C. Stone of the town of Smithfield in the said County being duly sworn deposes and says that he is now an acting Justice of the Peace in the said town and County that he is forty six years of age, and has resided in the said town the last forty three years; that according to deponents best recollection he became acquainted with the above named David Shipman Senior about twenty five years ago and continued acquainted with him until his death, that the said David Shipman had the reputation of being a man of truth and veracity, and this deponent believes the said David had the reputation generally of having been a soldier in the service of the United States in the Revolutionary War.

Asahel C. Stone

Subscribed & sworn to before me this 17th day of February A.D. 1852. I further certify that I am personally acquainted with the said Asahel C. Stone that he is a credible witness & also that I am authorized to administer oaths for general purposes. In Testimony whereof I have hereunto set my hand & affixed my official seal this 15th day of February 1852.

L. D. Dana Clerk of Madison County
Page 32

[Handwriting is barely legible, this involves some guesswork.]

Washington July 6 1834
Hon. Mr Wall
Comss of Pensions

Sir

I enclose you papers rec'd this day from Judge Holmes.

I wrote you early in the year, in behalf of the  heirs of Mr Shipman, an honest man. [illegible] Judge Holmes is a very respectable gentleman.

Very respectfully yours
Gerrit Smith
Page 33

[penciled at top of page:] I wish this letter of Atty ret'd [returned] to use here, and retain the copy if necessary E. Holmes

[in left margin] No 4.

Know all men by these presents that I David Shipman, of the town of Smithfield in the County of Madison in the State of New York do hereby irrevocably make, constitute and appoint Epenetus Holmes of the town of Eaton in the said County my true and lawful attorney for me and in my name, or otherwise, to demand and receive from the Department of the Interior of the United States, or the Commissioner of Pensions, such pension, and pension certificate, and sum, and sums of money as I may be entitled to obtain, have and receive as one of the children and an heir at law of David Shipman late of the said town of Smithfield, deceased, was my father, on account of any & all services, & by reason of any and all services rendered by my father father, in the Army or militia, engaged in the war of the Revolution. And having my self been appointed by Fanny Chaffe, my sister, daughter of said David Shipman deceased and Ezra Chaffe her husband, and by Phebe Ames, a widow, and a daughter of the said David Shipman deceased, for the same purposes that I have as above stated appointed said Holmes, I hereby substitute and employ him to procure, obtain, demand and receive of the said Department, and the said Commissioner of Pensions, such pension and pension certificate, and sum and sums of money as the said Fanny Chaffe and Ezra Chaffe her husband and Phebe
Page 34

Ames may respectively be entitled to have and receive on account of any, and by reason of any such services as above mentioned of the said David Shipman deceased

hereby ratifying and confirming all the acts of said Holmes in the premises by virtue hereof.

In testimony whereof I have hereunto set my hand and seal the 10th day of January A.D. 1852.

[signed] David Shipman

Sealed and delivered in the presence of A. C. Stone

State of New York
Madison County } ss I certify that on this 13th day of January 1852 Daniel Shipman who is by me known to be the same person who by that name executed the above power of attorney, and acknowledged that he had executed the same

A. C. Stone Justice Peace
Page 35

A.
In the matter of the claim of David Shipman and others, children and heirs of David Shipman late of the town of Smithfield in the County of Madison in the State of of New York deceased, for a pension on account of services as a soldier in the Revolutionary War, done by said deceased.
---
The undersigned children and heirs of David Shipman, late of Smithfield, in the County of Madison in the State of New York, deceased, hereby express our willingness that the commissioner of Pensions allow to us as children and heirs of said David Shipman, a pension on account of his services in the war of the Revolution as a soldier, at the rate of $20 per annum from the 4th day of March 1831 to the day of said Shipman's death; with, or without interest as the practice is, in such cases at the Pension Office; always saving the ^right which pensioners have, to ask for an increase of pension on further evidence, or other good reasons. Dated August [space] 1854.

[signed] David Shipman
Ezra Chaffe
Fanny Chaffe
Phebe Ames
Page 36

STATE OF NEW-JERSEY.
[State Seal of New Jersey in the center of the above]
[Seal affixed to left of the paragraph below]
I, THOMAS S. ALLISON, Secretary of State of the State of New Jersey, do hereby certify, that I have examined the Revolutionary records in my office, and do not find therein any evidence of the service of David Shipman

and I do further certify, that the records of this office being only certificates for balance of pay due, the fact of the name not being found therein, is not conclusive evidence that
he was not in the service.

In testimony whereof, I have hereunto set my hand, and affixed my seal of office, at Trenton, this twenty ninth day of November one thousand eight hundred and fifty-one

Tho's S. Allison
Secretary of State.
Page 37

No. I (Copy)
War Department
Pension Office August 26th 1834

Sir, The claim of David Shipman has been again examined and is suspended. In the last declaration which essentially differs from the two preceding it he alledges a specific term of five months in Brittons Company & Spencers Regiment in '76 commencing in July; and another term of three months enlistment under same officers in December '76. In this he must be wholly mistaken as William Britton was not commissioned until 6 February '77 according to the rolls. Considered as a claim for service in the New Jersey line of the Revolutionary army, the different terms of enlistment are not specifically recited, and neither the rolls of Spencer's Regiment nor of any other of that line furnish any evidence of his service and if it is to be regarded as Militia service, the whole narration affords no points of resemblance to the monthly tours to which the militia were subjected by Law The papers are placed on file

I am respectfully
Your obt Servant
J. L. Edwards

A. S. Sloan Esq'r &c.
Page 38

Copy [underlined] Letter from Com'r. of Pensions to Gen. Fuller say Shipman papers filed and application suspended

War Department Pension Office 3d April 1835

Sir. The papers relating to the papers relating to the claim of David Shipman have again been examined. Mr. Shipman States that he served in Capt Brittons Company in 1776 & '77 and afterwards in the militia for a long term without specifying the duration of each term, the &c as required by the regulations of the Department To the service, alledged to have been rendered in Capt Brittons Company in 1776 it is objected that Capt. Britton was not appointed until Feby. 1777, after that time there are compleat rolls of the company, but the claimant's does not appear thereon. This fact tends to discredit his statements generally.

Before the claim [lined out: -ant] can be allowed it will be necessary to prove the service in Capt Britton's company by two credible witnesses, who should set forth in their affidavits the time of entering the regiment, the time of leaving it &c.

I have the honor to be very respectfully your obt Servt
J. L. Edwards

Hon W. K. Fuller
Chittenango, N. York
Page 39

Morrisville Madison County, N. York
August 16th 1854

Sir,

Hon. Gerrit Smith, mailed to me your letter, dated July 25th 1854, relating to the claim of heirs of David Shipman, deceased, for a pension on account of military Services of said deceased in the war of the Revolution, saying "I think the payment to him &c. which Mr. Allison states &c. would authorize the belief that his services in the militia was at least six months, and for which I would be willing to admit the claim; that is at $20. per annum from the 4th of March 1831 to the day of Shipman's death if the parties will express their willingness to accept that amount" I send a paper on which, David Shipman, a son of the Soldier David Shipman; Fanny Chaffe, a daughter and Ezra Chaffe her husband; Phebe Ames a daughter and a widow express their willingness &c. and I believe these are all the children now living of the said David Shipman deceased. I have been informed that there is a family of grand children some where, but I suppose surviving children take whatever shall be allowed.

Yours respectfully &c.
E. Holmes

Com'r of Pensions

Please mail an answer to E. Holmes, Morrisville, Madison Co. N. York,
P.S. Should not the sum allowed for six months service be $24 instead of $20.?
Page 40

Morrisville Madison County New York Aug. 13. 1834
Hon Sec'y. at War.

Sir, Since the last return of the papers of David Shipman to which this relates he has sent them to New Jersey & had Judge Stites before whom the depositions of some of the witnesses were taken, certify to the credibility of those Witnesses.

The agent by whom he sent to New Jersey, inquired for other witnesses but could find none living.

Shipman has had the deposition of his wife (whose memory seems not much better than his) taken & annexed with a new deposition of his in which he has attempted to state more distinctly than he had before, his officers, terms and places of service, and it is most likely that he has now stated his service as far as he has gone, with as much exactness as his memory will ever permit him, to An examination of his original declaration in connexion with his two depositions will doubtless show considerable service. He still affirms that he served a great part of the war but cannot state more particulars.

Yours &c
Epenetus Holmes, agent for David Shipman.

PS I notice that the magistrate before whom the last deposition
of Shipman was taken has not put his name, or the day of the deponents appearance into the caption, but both appear at the close of the deposition
Page 41

David Shipman's Pension papers.
Page 42

War Department
Pension Office
18 October 1833

Sir,

The papers in support of the Claim of David Shipman have again been examined, and are herewith returned.

The objections raised on a former examination have not been removed. They are now more particularly pointed out and should be obviated in order to a favorable decision on the case.

The papers of Thomas Camel have likewise been examined and suspend, The proof required not having been produced. His papers are placed on file.

I am, respectfully,
Your obedient Servant
Geo Wm Crump
Acting Comm'r. of Pension

Epenetus Holmes Esq
Morrisville
N. Y.
Page 43

Brief statement.

From the papers now on file, with those now sent it is certain that David Shipman, the declarant lived in New-Jersey, in the time of the Revolutionary War, at a place where he might have served, and where his services were needed, and that where he did serve, and whether in the Regular Army or in the Militia or both, the act of 1832 provides for him.

William Brown whose affidavit is on file with the other papers in this matter says that the declarant was out much of the time in the service in the Revolutionary war, and he served with him.

Col. Aaron Hand swears that the declarant well. Saw him out frequently at different times during the war. That he served with him at battles at Connecticut Farms and Springfield and as guides to Gen. Lee. He has no doubt that he served as much as two years in that war.

Aaron Shipman swears that he recollects [crossed out: that] generally that declarant was out much of the time of the Revolutionary war. Has no doubt that he was in the service more than two years.

To the declarants original declaration Dyer D. Ransom clergyman residing in Smithfield the same town in which Shipman lived and Seth Lockwood certified that they were well acquainted with him, and believed him to be eighty years old that he was reputed and believed in the neighborhood where he resided to have been a soldier of the Revolution
Page 44

and that they concurred in that opinion

The additional affidavits of A. C. Stone Esqr. and Mathewson say that he was an honest upright man and enjoyed the general reputation of having been a soldier of the Revolution.

The Secretary of New Jersey states that the fact of his name not appearing on the rolls in his office is not conclusive that he did not serve.

I claim for the applicants, the surviving children of the declarant the use and benefit of each and every memorandum, note, entry and paper in the Pension Office which can show that said Shipman served as a soldier &c. and that show that he rec'd pay or that there pay due him for such service either as a soldier, or an artificer.

E. Holmes
Page 45

(Copy)

Know all men by these presents that each of the subscribers does hereby irrevocably make, constitute and appoint David Shipman of the town of Smithfield in the County of Madison in the State of New York, my true and lawful Attorney for me and in my name to demand, obtain and receive from the Department of the Interior or the War Department or any other Department of the United States, or the Commissioner of Pensions of the United States such pension and pension certificate, and such sum and sums of money as I may be entitled to as a child and heir of David Shipman late of the town of Smithfield in the County of Madison deceased, who was a soldier of the Revolution in the service of the United States, who made claim for a pension in his lifetime. And my said attorney is hereby authorised to substitute, appoint and employ an Attorney under him for the purposes above mentioned, irrevocably if he shall think proper to do so; and to give allow and pay to him, who shall be so appointed employed or substituted such such compensation for his services and monies by him expended in the said business as my said attorney shall deem proper; hereby ratifying and confirming whatsoever my said Attorney shall do in the premises. Witness
Page 46

my hand & seal the [blank] day of [blank] A.D. 1851

Ezra Chaffe (L. S.)
Fanny Chaffe (L. S.)
Phebe Ames (L. S.)

Sealed and delivered in the presence of 2 witnesses
Newell M. Chaffe
William P. Chaffe

[written upward at bottom left]
Letter of Attorney
No. 3.
Page 47

To the Commissioner of Pensions

Sir,

I send with this papers in the matter of David Shipman, which are presented with a view to have his case again examined with additional evidence. These papers & those in file will show fully what the state of the case is and what was formerly done. Mail answer to E. Holmes Morrisville, Madison County, N. York

Yours respectfully
E. Holmes
March 6th 1852.
Page 48

Brief in the case of David Shipman, dec.
Madison County & State of New York,
Act of June 7. 1832 --

David Shipman, dec. on the 9th of Oct. 1832, asserted a claim under the act of June 7, 1832, and stated that being a native and resident of New Jersey he, at about the time the British came to New York, entered the service under the Authority of New Jersey, and served three months in the Company of Capt. William Britton, and in the Regiment of Col. Spencer; and continued to serve, from time to time, until the close of the war. He could not, from defect of memory recollect all the particulars of his service, but in addition to Capt. Britton was under the command of Capts. Gillam Reese and Camp. The parole evidence of service was abundant; but it was not sufficiently explicit to show its character and
Page 49

duration, and the Rolls of Spencer's Continental Regiment, disproved the claim for service under him. It was, evidently, militia service. The claim remained suspended until July last, when a certificate from the Secretary of the State of New Jersey was filed showing a payment to David Shipman of the Militia of New Jersey on the 9th of July 1784, of [pounds]3 S6. d8. as a balance [underlined] of pay!. That was the only Record evidence of service adduced, and deemed satisfactory, by Mr. Waldo, to show that Shipman served at least six months.

E Holmes, Esq
Morrisville
N.Y.

Ogden Niles
Ex Clerk
Page 50

David Shipman, Madison Co N.Y. act 32, ae 80
Declared Oct 9.32. Served near N.Y.76-7.
Enlisted in Spencer's Regt Brittons Co. for 3 mos & served [not on the Rolls - Line.]
In service until after surrender of Burgoyne.
Wm Brown swears he served in '80 in Gillams Co, Hays' Battallion & Cortlands Regt in 1780.
Aaron Hand swears the same & that he served with him and both served as guides [2 words underlined] to Gen'l Lee in Springfield
Aaron Shipman thinks David served more than 2 yrs

David Shipman again June 1833.
Served 1 year 3 mos 17 das from July 76. Was taken prisoner & sent to the Sugar House in N.Y.
Most of the time in Spencer's Regt
was in this regt at Surrender of Burgoyne, and at time of Battle of Monmouth and all the time between.

3d dep'n [deposition] When Genl Wash'n [Washington] retreated from Newark to Brunswick, and the British occupied Newark I was in in Capt Britton's Co & within a mile of the British army. Was regularly enlisted in Britton's Co Spencer's Regt in, I think, Decr 1776, for 3 mos & served, & continued in same Co afterward, in service
Page 51

in June '77 - (then not certain whether in Brittons Co. may be think I was in Capt Gillams). Duty was garrison service - guard &c from 1st July to 17th Oct 77 in Spencers Regt, and two months more. Last 2 mos under Capt Gillam. Continued until Bat of Monmouth.
In 1780 - served 3 weeks in Cortland's Regt.
Near close of war 1 mo Capt Reeves & Col Spencer
Describes the above as militia service

Winter of 1776-7. Spencers Regt to bat of Monmouth  (June 26 '78)
Page 52

Washington Dec'r 14. 1853

Hon Mr Waldo
Commissioner, Pension Office

Sir

I beg leave to call your attention to the papers of David Shipman of the town of Smithfield County of Madison & State of New York. His original Declaration was made Oct'o 9. 1832.

I feel a deep interest in this case. Mr Shipman was my neighbor for upwards of thirty years. He was a truthful and upright man. He is now dead. His children and grand children still reside nor me. They are worthy people; and most of them are poor.

I hope it will be found, on a reexamination of the Papers, that the Pension can be granted. 

Mr Shipman outlived his memory. Hence the errors in his statements. It will, indeed, be a pity, if the misrecollections of our honest octogenarian should deprive his needy descendants of what is due to them.

That Mr Shipman served in the Revolutionary War not one of his neighbors had the least doubt of. The papers will satisfy you, that the traditionary pr[oof]
Page 53

is ample. Against this proof and the affidavits of Hand, Brown & A. Shipman should the errors of the old gentleman's decayed memory and the absence of his name from the Revolutionary Records of New Jersey be allowed to avail any thing? The Certificate of the Secretary of State of New Jersey dated Nov 29, 1851, shows, that this absence of Mr. Shipman's name is entitled to no consideration.

Judge Holmes, the Attorney for this claim, and who by the way, is a highly respectable gentleman infers from your letter of June 11th 1853 that Mr Shipman's case is reopened for another five years.

I see by the Papers, which Judge Holmes has handed me that there are persons in this City, whose business it is to investigate claims for Pensions; and who, having looked into the present claim, propose to undertake its prosecution. But they demand large Commissions. I feel, that if this claim is good, the heirs of Mr. Shipman should have all that the Government shall pay on it.

I mean to visit your Office this morning and I hope to have the pleasure of handing you this letter. Your time may be too much occupied to allow me to say to you with my lips even so much, as I have said to you in this letter.

I shall be happy to receive a written communication from you, when you shall be prepared to make it.

Very respectfully, yours
Gerrit Smith, Representative
22'd Congres'l Dist N. York
Page 54

Hon. Gerrit Smith, Mom. Congress
Washington
Page 55

Morrisville June 30th 1854
Hon. Gerrit Smith,

Dear Sir,

Soon after you sent me the decision of the Com'r of Pensions on David Shipman's application for a pension, continued by his heirs, thinking it might be best to appeal, I prepared the necessary papers & copies. On reflection it occur'd to me that if I then appealed, and on a hearing, the decision should be against the claim, the Commissioner of Pensions, and the Secretary of the Interior to whom the appeal must have been made might hold that decision final. I laid the appeal papers away, and have been causing searches to be made in Secretary's Office in New Jersey for evidence of service, and payment for [underlined] service. I take the liberty to send to you the result of the searches, presuming from your former kindness, that you will do me and Mr. D. Shipman and other heirs of the old soldier the favor to transmit the papers sent with this to the Com'r of Pensions for a rehearing upon the new evidence, connected with what was in the Pension Office before, in this matter; & receive his decision & send it to me.

What the words "for depreciation due" mean in the letter of J. S. Allison sent with his certificate I do not understand. It has occurred to me that David Shipman the Soldier might have rec'd payments for his services to a much larger amount that this [pounds] 3.6.8, in continental money, which in value had so depreciated that he had lost the sum of [pounds]3.6.8 and that this amount was then allowed and paid him, to make him good for what he had lost by being paid in this depreciated Currency, and that his whole service must have amounted to much more.

Yours &c
E. Holmes
Page 56

Copy to be retained & filed in Pension Office if desired.

Know all men by the presents that I David Shipman of the town of Smithfield in the County of Madison in the State of New York do hereby irrevoc make, constitute and appoint Epenetus Holmes of the town of Eaton in the said County my true and lawful attorney for me and in my name, or otherwise, to demand an receive from the Department of the Interior of the United States, on the Commissioner of Pensions, such pension, and pension certificate, and sum and sums of money as I may be entitled to obtain, have and receive as one of the children and an heir at Law of David Shipman late of the said town of Smithfield deceased, was my father, on account of any & all services, & by reason of any and all services rendered by my father father, in the Army or militia, engaged in the war of the Revolution. And having myself been appointed by Fanny Chaffe, my sister, daughter of said David Shipman deceased and Phebe Ames, a widow, and a daughter of the said David Shipman deceased, for the same purposes that I have as above stated appointed said Holmes. I hereby substitute and employ him to procure, obtain, demand and receive of the said Department, and the said Commissioner of Pensions, such pension and pensions, certificate, and sum and sums of money as the said Fanny Chaffe and Ezra Chaffe her husband and Phebe Ames may respectively be entitled to have and receive on account of any, and by reason of any such services as above mentioned of the said David Ship man deceased hereby ratifying and confirming
Page 57

all the acts of said Holmes in the premises by virtue hereof. In testimony whereof I have hereunto set my hand and seal the 10th day of January A.D. 1852

(Signed) David Shipman (L.S.)
Sealed and delivered in presence of A. C. Stone

State of New York, Madison County ss: I certify that on this 13th day of January 1852 David Shipman who is by me known to be the same person who by that name executed the above power of attorney, and acknowledged that they had executed the same

A. C. Stone Justice Peace

[written vertically at bottom]
Letter of atty
No-4
Page 58

Sir
Morrisville, Madison Co. N. York
Sept. 7th 1853

Sir,

I rec'd your favor, answering my inquiry, in Davis Shipman's case, whether an appeal should be made to the Secretary of the War Department or to the Secretary of the Interior saying it must be taken to the Secretary of the Interior, for which information I thank you.

Is there any time limited within which an appeal must be brought after the decision, from which the appeal is taken? If so what is that time?

yours sincerely
E. Holmes

S. Cole acting Com'r of Pensions.
Page 59

Sir,

I have been informed, by heirs of David Shipman deceased, that they or some of them have had their attention lately called by letters to the claim, made by said David long ago for a pension; and offering services to obtain an allowance of said claim; and speaking favorably of a prospect of having the same allowed, which information and offers have doubtless been from the best motives and under impressions that the prosecution had been abandoned.

As the heirs of David Shipman have made proof of his death, before a court of record, and of the names and number of his children, living; and furnished evidence of such facts to the Pension office; and of the continuance by power of Attorney, (filed in said Office) of the agent, who made the original papers in the claim, it is hoped that the present Com'r of Pensions will review all the papers and proceedings, formerly and lately sent to the said office and filed therein, and allow the claim; or state to the undersigned such objections as still remain to allowing on said claim such sum as may be due, and of right ought to be paid to said claimants, according to the laws in such cases made and provided and the practice in such cases under said laws.

Very Respectfully
Yours &c
E. Holmes Attorney for heirs of David Shipman, deceased

Com'r. of Pensions

Morrisville, Madison County
N. York
Page 60

Letter of Attorney to
David Shipman
Page 61

[faint] I wish this letter of atty returned if it can be, retain the copy if necessary - E Holmes

[in left margin] No. 3.

Know all men by these presents that each of the subscribers does hereby irrevocably make, constitute and appoint David Shipman of the town of Smithfield in the County of Madison in the State of New York, my true and lawful attorney for me and in my name to demand, obtain and receive from the Department of the Interior, or the War Department or any other Department of the United States, or the Commissioner of Pensions of the United States such pension and pension certificate, and such sum and sums of money as I may be entitled to as a child and heir of David Shipman late of the town of Smithfield in the County of Madison deceased, who was a soldier of the Revolution in the service of the United States, who made claim for a pension in his life time. And my said attorney is hereby authorised to substitute, appoint and employ an attorney under him for the purposes above mentioned, irrevocably if he shall his proper to do so; and to give allow and pay to him, who shall be so appointed employed or substituted such compensation for his services and money by him expended in the said business as my said Attorney shall deem proper; hereby ratifying and confirming whatsoever my said attorney shall do in the premises. Witness my hand & Seal the [blank] day of [blank] A.D. 1851

[signed] Ezra Chaffe -
Fanny Chaffe
Phebe Ames

Sealed and delivered in presence of 2 witnesses
Newell M. Chaffe
William P Chaffe
Page 62

In the matter of the application of David Shipman for a pension continued by his heirs.
Page 63

Hon. Comm'r of Pensions

Sir, I mailed about the 14th day of February last a letter and found additional Evidence in the application of David Shipman deceased, for a pension, continued by his heirs. Of the receipt of that letter I have not been informed. As there has been since those papers were mailed another Commissioner of Pensions appointed as I am informed, who may not have any knowledge of that application and the proceedings upon it I beg have now to mention it, and to refer to some of the proceedings, which have been had, and to send a copy of the last letter mailed to your office, stating some facts in the case &c

Yours respectfully
E. Holmes Atty for heirs of David Shipman

Morrisville Mad'n [Madison] Co. N. York
May 2d 1853

(Copy)
Pension Office June 24th 1852

Sir,

The additional evidence and power of attorney in the case of David Shipman have been received and filed. The power of attorney must remain with the papers if you design to prosecute the claim further, but more than five years having elapsed, since the last adjudication of the case and without the filing of any additional evidence it cannot be reopened, unless it is shown that the evidence now produced could not have been procured at an earlier date.

Very Resp'y your ob't. Serv't.
F J C Tupeur [?]
for Com'r. of Pensions

E Holmes Eq. Morrisville
Madison Co.
N.Y.
Page 64

(Copy)
Hon Com. of Pensions,

Sir, I think of no better way to prove that the evidence of the Secretary of N. Jersey, sent to you, in the matter of David Shipman and others to obtain a pension "could not have been obtained at an earlier date" as mentioned in your letter to me of June 24th 1852 than to show ignorance of such evidence; and for that purpose I send my affidavit; and to show certainly that David Shipman, the old soldier, was a man of truth and veracity, I send the affidavit of Winchester Matthewson, who long lived his neighbor. I should believe that any inconsistent statements might be imputed to an impaired memory, rather than to an intention to misrepresent, particularly after having reached the age of Eighty years, with a character for truth and veracity unsullied.

This application was made as appears on papers on file in the Pension Office very soon after the law granting the Pension asked for, was passed, but I know not when the rule was adopted under which it is said "that more than five years having elapsed since the last adjudication of the case, and without the filing of any additional evidence, it cannot be reopened unless it is shewn that the evidence now produced could not have been procured at an earlier date." If it was adopted after the claim of David Shipman was first made, it appears to me, that to apply it to his case is to give it a retrospective operation. A rule of action is a law, or has the effect of a law frequently. Retrospective law was considered to some extent in Dash vs Van Kleeck in the Supreme Court of the State of New York  Johnson's Rep. 493 Thompson and Kent giving opinions and Van Ness concurring. I have deemed it most respectful, first, to give the best reason I could for not producing earlier the evidence of the certificate of the Secretary of New Jersey, which I deem very material evidence in this matter, and I hope to be pardoned if I have done anything improper in supposing that it may be, that the rule in question may have a retrospective operation when applied to this case, so early commenced.
Page 65

Yours respectfully
E. Holmes for the Claimants.

Morrisville, Madison Co N. York }
Feby. 11th 1853 }

To the latter, of which the above is substantially like the original, the following was annexed.

(Copy)
Pension Office June 24th 1852

Sir

The additional evidence and Power of Attorney in the case of David Shipman have been received and filed. The Power of Attorney must remain with the papers if you design to prosecute the claim further but more than five years having elapsed, since the last adjudication of the case, and without the filing of any additional evidence it cannot be reopened unless it is shown that the evidence now produced could not have been procured at an earlier date.

very Resp'y.
Your Obl. Serv't

for Com'r. of Pensions

E. Holmes Esq'r.
Morrisville Madison Co. N.Y.
Page 66

Copy Remarks sent to the Pension office

"David Shipman's original application was made in the court of Common Pleas for Madison County N. York, on the 9th day of October A.D. 1832 at which time he swore that he was eighty years of age. At such an age an impaired memory would be expected, and his several statements show that he labored under a full portion of such infirmities as are incident to his time in life.

To his declaration, in pursuance of a regulation of the Pension office, Dyer D. Ransom, a clergyman, and Seth Lockwood both residing in the town of Smithfield, in which said Shipman lived, certified that they were well acquainted with him; that they believe him to be Eighty years of age, and that he was reported and believed in the neighborhood where he resided to have been a soldier of the Revolution, and that they concurred in that opinion. This was done in open Court, and in pursuance of a regulation [underlined] of the Pension office. This was made under an impression (doubtless) that men so distinguished as the soldiers of that day were, would ever after be easily identified; and whether fame has [2 words underlined], under that regulation, always proved truthful, yet it was a regulation upon the Equity and justice of which time has not yet cast a shadow. The Court declared their opinion (otherwise their judgement) "after the investigation of the matter and after putting the interrogatories prescribed by the War Department that the applicant was a Revolutionary Soldier and served as he and the stated [4 words underlined]". And the said Court further certified "that it appears to them that Dyer D. Ransom, who has signed the preceeding Certificate is a clergyman resident in the town of Smithfield in the County aforesaid, and that Seth Lockwood who has also signed the same is a resident in the same town and is a credible person and that their statement is entitled to credit. The clerk of the Court and of said county then certified under the seal of said court and of the said County" that the foregoing contains the original proceedings of the said Court
Page 67

in the matter of the application of David Shipman for a pension." These proceedings were sent to the Pension office, and either did, or ought to have settled the following points, viz. that there was such a man as David Shipman; that he was then 80 years of age; that he at the time [underlined] of the Revolutionary War he was old enough to have served as a soldier in that war; that during that war he resided in New Jersey where he might have performed services as a soldier in that war; That he was reported and believed in the neighborhood where he resided to have been a soldier of the Revolution" and the court concurred in that opinion.

The applicant referred the court according to the regulations and printed rule of the Pension Office to Gerret Smith [Gerrit Smith] Esq'r, Nehemiah Huntington Esq'r, Capt. Frederick A. Myers, Elder Ransom, Seth Lockwood, and Thomas Beekman Esq'r then late Member of Congress as persons who could testify as to his character for veracity and their belief of his services as a soldier of the Revolution: and he stated further that reference might be had to Joseph S. Palmer then High Sheriff of the aforesaid County of Madison. In this place I take the liberty to state that Gerret Smith [Gerrit Smith] above named has at the late Election in New York been elected a member of Congress, and should the Commissioner of Pensions desire to ask him, what the reputation of David Shipman, the Soldier was as to having served in the war of the Revolution, and for truth and veracity. I presume he would pronounce his opinion. The town of Smithfield in which Shipman lived, being the town in which Mr Smith ^residing has been from his infancy, he must have been well acquainted with the said David Shipman the soldier, as well as David Shipman his son who is his heir now pursuing the claim,  and a letter, from the Pension Office, would reach him at Smithfield Madison Co N.Y. in a few hours.

Supposing the proceedings in the court chosen by the Department and acting according to the Regulations of the Pension office may be satisfactory on the Question "Did the applicant
Page 68

serve as a soldier in the Revolutionary War? yet I wish to mention some evidence [underlined] contained in affidavits on file in this case, showing more particularly the length [underlined] of time he served, and at the same time bearing on the question of service. In the affidavit of Aaron Shipman taken before William Stiles a Judge of the Court of Common Pleas of Essex County N. Jersey he says that he is Seventy two years of age, that he is a brother of said David Shipman of Smithfield &c. That his brother David is about six years older than himself. That he the said David lived near Springfield but in the township of Newark in the County of Essex in New Jersey most of the time during the Revolutionary War and that he was frequently out in the Militia service during the Revolutionary War but cannot tell how long nor how frequently. Deponent was an apprentice at that time and lived from home and had not so good an opportunity of knowing the services rendered by his brother David as he might otherwise have had. Don't recollect having been in the service with him nor the officers under whom he served but recollects generally that he was out much of the time and has not a doubt that he was in the service more than two years during that war and further saith not &c.

William Brown who being duly Sworn (before said Judge) saith that he is well acquainted with said David Shipman of Smithfield in the County of Madison and State of New York That he knew him before and during the Revolutionary war during which he lived most of the time in the township of Newark, but thinks he lived one year in the Township of Elizabeth both of which are in the County of Essex and State of New Jersey and the deponent further saith that the said David Shipman was out much of the time in the Militia Service during the Revolutionary War but cannot recollect

[notes in left margin, barely legible:]
I noted in comparing this copy with [illegible] made many [illegible] that the old copy says Monroe Co. instead of Madison Co.
The original affidavit file in this case will show which is right.
Manger County is the County in ^which David Shipman the soldier lived.
E. H.
Page 69

how long nor all the officers under whom he served. Recollects having served with him in Capt. Gillam's company in the year 1780 Capt Gillam's company belonged to Major Hays Battalion and Col. Cortlands Regiment and further saith not.

Aaron Hand of Springfield in the County of Essex and State of New Jersey aged Sixty Eight years who being duly sworn according to law on his oath saith that he is well acquainted with David Shipman who he understands and verily believes now lives in Smithfield in the County of Madison and State of New York That he knew him well during Revolutionary War That he then lived near the Village of Springfield but within the bounds of the township of Newark in the County of Essex and State of New Jersey That he remembers having seen him frequently out in the service of his country as a private soldier in the drafted Militia at different periods during the war of the Revolution but dont recollect so distinctly as to be able to specify times places or officers but knows that he was out much of the time. That he served in the same company with deponent under Capt. Gillam and was with him at the battles of Connecticut Farms and Springfield in this County in the summer of 1780 and served with him as guides to Gen Lee in Springfield Dont recollect much about him in the early part of the War He was several years perhaps Eight or ten years older than deponent and the deponent has no doubt but that the said Shipman did serve as much as two years during that war and further saith not.

Depositions of which the foregoing of Aaron Hand, William Brown & Aaron Shipman are
Page 70

substantial copies, or intended so to be are filed with other papers in this matter.

It may be noticed that in Shipman's depositions he states most of his services to have been under one Col. Spencer & it will probably be considered in his favor that altho. at his advanced stage of life he may have made mistakes in naming captains that he says the most of his services were under Col. Spencer. One witness that he acted as guide to Gen. Lee, which shows that he was a man in whom confidence was placed.

The Department invited the court of Common Pleas to act, and gave the forms of the record of their proceedings, and it would seem that what the court did, recorded and certified should be considered as things adjudged, certainly so far as proving some service.

It remains to arrive at the length of time he served. Shipman's wife I think made an affidavit which I believe was sent to the Pension office but of this I find no copy retained. My recollection of this is that she swore to much service but in rather general terms. I should like to have her affidavit read if it is in the papers in the case. Though she has long been dead, this paper may confirm the service of Shipman her husband and perhaps show conclusively some definite term he served.

Col. Aaron Hand swears that he knows that he (Shipman) was out much of the time [4 words underlined] during the war of the Revolution That he served in the same company with Deponent "and was with him at the battles of Connecticut Farms and Springfield" "and served with him as guides to Gen. Lee" "and the deponent has no doubt [2 words underlined] but that said Shipman did serve as much [2 words underlined] as two years during that war" The word much [underlined] in its connection and [illegible] upon this subject and in this place has no very limited and
Page 71

contracted meaning. It at least means all it expresses, and if any thing can be implied from the expression, it may well be that he served more than two years as that he served less.

Respectfully yours &c.
E. Holmes of Morrisville
Madison Co. N. York
Page 72

Morrisville, Madison Co. N. York June 17th 1853

I have rec'd yours of June 11th 1853 saying "The additional evidence filed in support of the case of David Shipman, of New York, is insufficient. Where no record proof can be had, the service must be established by the testimonies of [illegible] who served with the applicant, or were in a position to know that he served as alleged. The evidence in the case goes merely to show a reputation of service"

The affidavits of William Brown, Col. Aaron Hand & Aaron Shipman all of N Jersey are on file in the Pension Office and I suppose with the original papers. Aaron Shipman swears that he recollects generally that said David Shipman was out much of the time in the Revolutionary War. Has no doubt that he was in the service more than two years" This man was brother to the applicant, and his position was such that he must have known whether David Shipman served in the Revolutionary War.

Col Aaron Hand swears that he knew David Shipman the declarant well. Saw him out frequently at different times during the war. That he served with him at battle of Connecticut farms and Springfield and served with him as guides to Gen. This witness was in a position to know that the applicant served and could not have made a mistake about it, and he swears further that Shipman was a man in whom Gen Lee had confidence; and he has no doubt [2 words underlined] that he served as much as two years in that war.

William Brown whose affidavit is on file with the original papers in this matter swears that he knew David Shipman, and served with him &c. I know not whether he Com'r. of Pensions will review the evidence on file or whether I must appeal from this decision, & if appeal whether to the Secretary of the War Department or to the Secretary of the Interior since that Department has been established. Will the Com'r. of Pensions write me to whom appeal must now be made.

Yours Respectfully
E. Holmes of Morrisville
Madison Co. N.Y.

Comr. of Pensions
Page 73

In this case of David Shipman his declaration was made in the Court of Common Pleas in and for the County of Madison in the State of New York on or about the 9th day of October A.D. 1832 when the said Shipman was Eighty years of age as he stated. His memory was probably much impaired by age, and he made his statements with as much accuracy as he could, and such proceedings were from time to time had, that he made in the matter three declarations not all precisely alike. Proceedings were at last suspended and his papers filed. He died his surviving children have proved his death &c. and now wish his papers reviewed with these additional papers.

Paper No. I contains what is supposed to be copies of two letters from the Com'r. of Pensions, and it is probable that there were the last which were written on this subject.

No. 2. Affidavits proving the death of David Shipman and the number of children left and their names, and the names & number of those who now survive, and that he left no widow. The certificate of Dana the County Clerk is that A. C. Stone who administered the oaths to D. Shipman & Frederick Myers is that said Stones term of office commenced on the 1st Jan'y. '49 and will expire on the 31st day of December 1852 and that he was authorized to adminis oaths & to take acknowledgements of deeds, so that any and all oath administered by him and deeds, including Letters of att'y. acknowledged before him, & before the date of said certificate, must be good.

Annexed to these is the certificate of James W. Nye County Judge that satisfactory evidence had been made before him of the death of David Shipman dec'd &c. Authenticated by the Certificate and seal of Dana County Clerk.

No. 3. Is a Letter of Attorney and copy thereof from Fanny Chaffe and Phebe Ames (widow) with Ezra Chaffe husband of said Fanny, to David Shipman; the said David. Fanny and Phebe being the only surviving children of said David Shipman, Sen'r. The ^copy of this letter of Attorney, is intended to remain in the office of Com'r. of Pensions
Page 74

with the other papers within The original it is desirable to have returned, that David Shipman Jun'r may keep it as his authority for what he has done and may do.

No. 4 A Letter of Attorney from David Shipman Jun'r one of the surviving children David Shipman Sen'r deceased appointing Epenetus Holmes his attorney & substituting him Attorney for FannyChaffe ^& her husband and Phebe Ames, the other surviving children of the said Shipman deceased. The Copy of said letter to David Shipman from the others &c. has not been proved, nor has the execution thereof been acknowledged, but the Letter from said David Shipman Jun'r to E. Holmes having been acknowledged (before A. C. Stone Esq) & said D. Shipman Jr. being proved an heir, his letter above is sufficient for this purpose. A copy of this is sent to be retained and it is desired that both the letters of attorney may be returned to act upon here.

No. 5. Addition'l Evidence } The official certificate of Thos S. Allison Secretary of State of New Jersey

The affidavit of Asahel C. Stone Esq'r a Justice of the Peace of the town of Smithfield in the County of Madison Sworn before L. D. Dana Clerk of the County of Madison, with his certificate that he is authorized to administer oaths for general purposes, in testimony whereof he has affixed his official seal.

The affidavit of Sylvanus Mathewson Sworn before A. C. Stone Esq. a Justice of the Peace whose term of office Dana County Clerk before mentioned certified. (See No.2) commenced the 1st Jan'y '49 and would expire on the 21st day of December 1852
Page 75

Matter of David Shipman
continued by his heirs for a pension.
Page 76

Hon Com'r of Pensions,

Sir, I think of no better way to prove that the evidence of the Secretary of New Jersey, sent to you, in the matter of David Shipman and others to obtain a pension could not have been procured at an earlier date" as mentioned in your letter to me of June 24th 1832 then to show ignorance of such evidence, and for that purpose I send my affidavit not knowing how evidence can be obtained of which one is ignorant; and to show certainly that David Shipman, the old soldier was a man of truth and veracity, I send the affidavit of Winchester Matthewson, who long lived his neighbor. I should believe that any inconsistent statements might be imputed to an impaired memory, rather them to an intention to misrepresent, particularly after having reached the age of 80 years, with a character for truth and veracity unsullied. This application was made as appears from papers on file, in the Pension office very soon after law granting the pension, asked for, was passed; but I know not when the rule was adopted under which it is said "that more than five years having elapsed since the last adjudication of the case, and without the filing of any additional evidence, it cannot be reopened unless it is shewn that the evidence now produced could not have been procured at an earlier date." If it was adopted after the claim of David Shipman was first made, it appears to me, that to apply it to his case is to give it a
Page 77

retrospective operation. A rule of action is a law, or has the effect of a law frequently. Respective law was considered to some extent in Dash vs Van Kleeck in the Supreme Court of the State of New York 7 Johnson Rep 493 Thompson and Kent giving opinions and Van Ness concurring I have deemed it most respectful, first, to give the best reason I could for not producing earlier the evidence of the certificate of the Secretary of New Jersey, which I deem very material evidence in this matter; and I hope to be pardoned if I have done any thing improper in supposing that it may be, that the rule in question may have a retrospective operation when applied to this case, so early commenced.

Yours Respectfully
E. Homes, for the Claimants

Morrisville Madison Co. N.Y. Feby 11th 1853
Page 78

(Copy)
Pension Office June 24th 1852

Sir,

The additional evidence and Power of attorney in the case of David Shipman have been received and filed. The power of Attorney must remain with the papers if you design to prosecute the claim farther, but more than five years having elapsed, since the last adjudication of the case, & without the filing of any additional evidence it cannot be reopened, unless it is shown that the evidence now produced could not have been procured at an earlier date.

Very Resp'y
Your obt Sert.
(the name signed here not understood)
for com'r of Pensions

E. Holmes Esq. Morrisville
Madison County N. J.
Page 79

In the matter of the application of David Shipman deceased, continued by his heirs for a pension, on account of services as a soldier in the war of the Revolution }

State of New York, County of Madison Ss. Epenetus Holmes of Morrisville in the said County being duly sworn deposes and says that he prepared the papers in this matter for the said David Shipman deceased, in his first application for a pension, and has been employed by such of the heirs of said David Shipman deceased as executed the letter of Attorney to this deponent, which has in this matter been sent to the Pension office, and has had the general care of the case since he was first employed; and further that he was ignorant until he received the letter annexed from Thos S. Allison dated July 21st /50 that any such evidence as in that letter is mentioned was required by the Pension Department, and if obtained could be used in evidence on the application for a pension; and deponent is not aware that said David Shipman deceased or any one of his heirs had any knowledge that such evidence was required.

[signed] Epenetus Holmes

Subscribed and sworn to before me the 20th day of September 1852 and I certify that I am well acquainted with the above named deponent & that he is a credible witness.

[signed] George W. Ellinwood
Justice Peace
Page 80

Trenton July 21./50

Sir

The records of revolutionary service in this office, are not very full, and are comprised of rolls of two of the four regiments of the line for about two years of the war; of the militia service, we have only the treasurer's abstracts of pay due [2 words underlined]. The fact of not finding the name of an applicant upon the books here is, therefore, not conclusive against his application, although the pension department require that Search shall have been made --

Upon a remittance of three dollars, we shall make full search, and if the name is found, give you an attested certificate of that fact

Respectfully
Tho's S. Allison

E Holmes Esq.
Page 81

Additional Evidence }
In the matter of the application of David Shipman deceased, continued by his heirs for a pension, on account of services as a soldier in War of the Revolution
---
State of New York Madison County ss: Winchester Matthewson of the town of Smithfield in the said County of Madison being duly from deposes and says that he is seventy four years of age; he has resided on the farm which he now occupies ever since the year of our Lord one thousand Eight hundred and seven, and was well acquainted with David Shipman Senior above named: he moved into the said town of Smithfield before this deponent moved in and resided near one mile from the present dwelling house of deponent; and said Shipman continued to reside within one mile and an half of this deponents dwelling house until he died and for many years (2) [crossed out: after] since deponent moved onto the farm he now occupied some of said Shipman's land joined deponents farm. Said Shipman was by trade a Mason and has done work for deponent as such Mason, deponent has often heard said Sipman tell of doing mason work in the Army of the United States in the American Revolution; he told of building ovens for troops in the American Service in the Revolutionary War.

And this deponent further says that all the time said Shipman resided near this deponent and until his death he enjoyed the reputation of a strictly honest and upright man; and was reputed to have been a soldier in the service of the United States in the war of the Revolution, and this deponent in his own mind does not doubt that he was such soldier. Said Shipman was a very strict man for (2.) [crossed out: th] truth.

[signed] W Mathewson

Subscribed & sworn to before me the 18 day of September A.D. 1852

and I hereby certify that I am well acquainted with said Winchester Matthewson and that he is credible witness alterations marked (1.) (2.) made before being sworn to

[signed] George W. Ellinwood
Justice Peace
Page 82

STATE OF NEW-YORK,
Clerk's Office, Madison County, } ss.

I, LUCIUS P. CLARK, Clerk of said County, do hereby certify, that George W. Ellinwood Esqr. whose name is subscribed to the certificate of the proof or acknowledgment of the annexed instrument, and thereon written, was, at the time of taking such proof or acknowledgment, a Justice of the Peace in and for said County, duly elected or appointed, and qualified, and authorized by the laws of said State to take the same; and that I am well acquainted with his handwriting, and verily believe the signature to the said certificate is genuine, and that said instrument is executed and acknowledged according to the laws of said State.

IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal, the 2nd day of February 1853.

[Signed] Lucius P. Clark Clerk
Page 83

Remarks.- David Shipmans original application was made in the Court of Common Pleas for Madison County N. York, on the 9th day of October A.D. 1832, at which time he swore that he was eighty years of age. At such an age, and impaired memory would be expected, and his several statements show that he labored under a full portion of such infirmities as are incident to his time of life.

To his declaration, in pursuance of a regulation of the Pension office, Dyer D. Ransom, a clergyman, and Seth Lockwood both residing in the town of Smithfield, in which said Shipman lived, certified that they were well acquainted with him; that they believed him to be Eighty years of age, and that he was reported and believed in the neighborhood where he resided to have been a soldier of the Revolution, and that they concurred in that opinion. This was done in open court, and in pursuance of a regulation [underlined] of the Pension office. This was made under an impression (doubtless) that men so distinguished as the soldiers of that any were, would ever after be easily identified; and whether fame [underlined] has, under that regulation, always proved truthful yet it was a regulation upon the equity and [lined out: judgment] justice of which, time has not yet cast a shadow. The court declared their opinion (otherwise their judgement) "after the investigation of the matter and after putting the interrogatories prescribed by the War Department that the applicant was a Revolutionary soldier, and served as he stated." And the said Court further certified "that it appears to them that Dyer D. Ransom, who has signed the preceeding certificate is a Clergyman resident in the town of Smithfield in the County aforesaid and that Seth Lockwood, who has also signed the same is a resident in the same town and is a credible person and that their statement is entitled to credit." The clerk of the Court and of said County then certified under the seal of said Court and of the said County "that the foregoing contains the original proceedings of the said Court in the matter of the application of [lined out: said] David Shipman for a pension." These proceedings were sent to the Pension Office, and either did or ought to have settled the following points, to wit. That there was such a man as David Shipman; that he was than 80 years of age; that at the time of the Revolutionary War he was old enough to have acted as a soldier in that war; that during that war he resided in New Jersey where he might have performed services as a soldier in that war; that he was reported and believed in the neighborhood here he resided, to have been a soldier
Page 84

of the Revolution and the Court concurred in that opinion. The applicant referred the court according to the regulations and printed rule of the Pension office to Gerret Smith [Gerrit Smith] Esq., Nehemiah Huntington Esqr. Capt. Frederick A. Myers, Elder Ransom, Seth Lockwood, and Thomas Beekman Esq'r then late member of Congress as persons who would certify as to his character for veracity and their belief of his services as a soldier of the Revolution; and he stated further that reference might be had to Joseph S. Palmer then High Sheriff of the aforesaid County of Madison. In this place I take liberty to state that Garret Smith [Gerrit Smith] above named has at the late Election in New York been elected a member of Congress, and should the Commissioner of Pensions desire to ask him, what the reputation of David Shipman, the soldier, was, as to having served in the war of the Revolution, and for truth and veracity. I presume he would pronounce his opinion. The town of Smithfield in which Shipman lived, being the town in which Mr Smith's home has been from his infancy, he must have been well acquainted with the said David Shipman the soldier, as well as David Shipman his son, who is his heir, now pursuing the claim; and a letter from the Pension office would reach him at Smithfield Madison County N. York in a few hours.

Supposing the proceedings in the Court, chosen by the Department, and acting according to the regulations of the Pension of the may be satisfactory on the question Did the applicant serve as a soldier in the Revolutionary War? [Sentence underlined] Yet I wish to mention some evidence contained in affidavits on file in this case showing more particularly the length of time he served and at the same ^time bearing on the question of service. In the affidavit of Aaron Shipman taken before William Stiles a Judge of the Court of Common Pleas of Essex County N. Jersey he age but he is seventy two years of age: that he is brother of said David Shipman of Smithfield &c. That his brother David is about six years older than himself. That he the said David lived near Springfield but in the Township of Newark in the County of Essex in New Jersey most of the time during the Revolutionary war and that he was frequently out in the Militia service during the Revolutionary war but cannot tell how long or how frequently. Deponent was an apprentice at that time and lived from home and had not so good an opportunity of knowing the services rendered by his brother David as he might otherwise have had. Dont recollect, having been in the service with him
Page 85

nor the officers under thou be saved but recollects generally that he was out much of the time and has not a doubt that he was in the service more than two years during that war and further saith not.

William Brown who being duly sworn (before said Judge) saith that he is well acquainted with David Shipman of Smithfield in the County of Madison and State of New York. That he knew him before and during the Revolutionary war during which he lived most of the time in the township of Newark, but thinks he lived one year in the township of Elizabeth both of which are in the County of Essex and State of New Jersey And this deponent further saith that he said David Shipman was out much of the time in the Militia Service during the Revolutionary War but cannot recollect how long nor all the officers under whom he served Recollects having served with him [4 words underlined] in Capt. Gillam's Company in the year 1780 Capt. Gillams Company belonged to Major Hays Battalion and Col. Cortland's Regiment and further saith not.

Aaron Hand of Springfield in the County of Essex and State of New Jersey aged sixty eight years, who being duly from according to law on his oath saith that he is well acquainted with David Shipman who he understands and verily believes now lives in Smithfield in the County of Madison in the State of New York That he knew him well during the Revolutionary War That he then lived near Village of Springfield but within the bounds of the township of Newark in the County of Essex and State of New Jersey That he remembers having seen him frequently out in the service of his country as a private soldier in the drafted Militia at different [lined out: times] periods ^during the war of the Revolution but dont recollect so distinctly as to be able to specify times, places or officers but knows that he was out much of the time That he served in the same company with deponent under Capt. Gillam and was with him at the battles of Connecticut Farms and Springfield in this County in the summer of 1780 and served with him as guides to Gen. Lee in Springfield Dont recollect much about him in the early part of the war. He was several perhaps eight or ten years older than deponent and the deponent has no doubt but that the said Shipman did serve as much as two years during that war and further saith not.

Depositions of which the foregoing of Aaron Hand, William Brown &
Page 86

Aaron Shipman are substantially copies, or intended so to be are filed with other papers in this matter.

It may be notice that in Shipman's depositions he states most of his sevices to have been under one Col. Spencer & it will probably be considered in his favor that altho, at his advanced stage of life he may have made mistakes in naming captains, that he says the most of his services were under Col. Spencer.

One witness states that he acted as guide to G. Lee, which shows that he was a man in whom confidence was placed.

The Department invited the Court of Common Pleas to act, and gave the forms of the record of their proceedings, and it would seem, that what the court did, recorded and certified should be considered as things adjudged, certainly so far as proving some service.

It remains to arrive at the length of time he served. Shipman's wife I think made an affidavit which I believe was sent to the Pension Office, but of this I find no copy retained. My recollection of this is that she swore to much service but in rather general terms. I should like to have her affidavit read if it is with the papers in the case. Though she has long been dead this paper may confirm the service of Shipman her husband and perhaps show conclusively some definite time he served. Col. Aaron Hand swears that he knows that he (Shipman) was out much of the time [4 words underlined] during the war of the Revolution; that be served in the same company with deponent" "and was with him at the battles of Connecticut Farms and Springfield" "and served with him as guides to Gen Lee" "and the deponent has no doubt [2 words underlined] but that said Shipman did serve as much as two years during that war." The word much [underlined] in its connection and upon this subject ^in this place has no very limited and contracted meaning At least it means all it expresses and if any thing can be implied [underlined] from the expression it may as well be, that he served more than two years as that he served less.

Respectfully Yours &c
E. Holmes, of Morrisville
Madison Co. N. York
Page 87

David Shipman's Pension Papers

[vertical, cut off by fold line]
State of New York
Page 88

State of New York, Madison County ss: On this [blank] day of August 1834 personally appeared before me

the undersigned a justice of the peace in and for the said County of Madison David Shipman, whose name is signed to this deposition and to the declaration to which this is annexed, who being by me duly sworn deposes and says that by reason of old age and the consequent loss of memory he cannot swear positively to the precise length of his service, but according to the best of his recollection he served in the course of the revolutionary war not less than the periods mentioned below and in the following grades to wit, In the year that the british army entered New York from the first of July or about that day for five months I served as a private in Capt. William Brittons Company in Col Spencer's Regiment in New Jersey, which service was performed at Elizabeth Town in New Jersey and place near this, A part of this time I was employed in building a Fort and intrenchments at Elizabeth Town point and in marching to Morristown. I lay at Elizabeth Town with the company of Capt. Britton when the British took New York. I well remember that when Gen. Washington retreated from Newark to Brunswick, & when the British enterd Newark I was in said Company of Capt. Britton and within a mile of the British army. This company and regiment were embodied and I did then and still do believe were called into service by competent authority, and during this term of service I was not employed in any civil pursuit. This term of service was performed as a volunteer militia man, and in the course of this term I was marched to Morristown as I have stated was in my declaration made in court October 9th 1832

While at Morristown as above stated I was presented with enlisting orders and as near as I can remember about the first of December 1776 enlisted under the aforesaid Captain Britton in Col. Spencer's regiment for three months, which term I served out, and therefore I state that for three months under this enlistment I served as a private in said Captain Brittons Company in Col. Spencers regiment, in New Jersey, and that under this enlistment I was marched from Morristown, to Chatham, Springfield and Elizabeth Town
Page 89

And at Elizabeth Creek assisted in taking some baggage from the British when they left that place and I think we took with this baggage some prisoners.

When the last mentioned term of service for three months expired I still continued in the service in Capt. Brittons company and Col. Spencer's Regiment, some of the time according to my best recollection in keeping garrison at Elizabeth Town and some part on duty near that, at different places to prevent the plundering of the inhabitants until after the time of a skirmish at a place called Woodbridge near Amboy in which skirmish I was engaged which I am informed from history was about the 26th of June 1777 but which time I cannot state from memory, though I well remember being in an engagement there, and that we had a pretty smart brush at that place, and that our regiment was stationed at Rahway about a week immediately after this. I therefore state that from the time, when my three months enlistment, as above stated into which I entered at Morristown expired for not less than four months I served as a private in the company and regiment, and at the place and in the service last above mentioned. This term brings me to about the first of July 1777 one year from the time I entered as a volunteer as above stated, and from the best recollection I have, and best information I can obtain I feel confident that from July 1776 to July 1777 I served one year as above mentioned. And no part of this time was I employed in any civil pursuit. At the engagement at Woodbridge as above stated I am not certain that Capt. Britton was my Captain but I remember that I was in Col. Spencer's regiment and my belief on the whole is that Capt. Gillam was then my Captain.

From Rahway I with the regiment of Col. Spencer marched to Elizabeth Town and according to my best recollection I continued in the service and on duty all the time until Burgoynes Surrender and I believe under the command of Col. Spencer. I well remember that when I
Page 90

was in his regiment going northward towards Albany and so near that we expected to reach Albany the day that the news of his surrender reached us. I remember that there was then along with us two field pieces and the men that belonged to them. I cannot remember what officers were with the field pieces though it seems to me that Capt. Camp was one. When we came to the north River near Albany we saw the sloops that had the Britch on board, who had gone up the river for the purpose of helping Burgoyne just hoisting sail to go back. The duty which I performed from the time I was marched to Elizabeth Town from Rahway to the time I marched towards Albany as mentioned was principally in keeping guard and doing garrison duty. We had to turn out two guards every morning, one for Halseys Point and one for Elizabethtown Point. In day time our sentry could see those British army. I remember that in this term I was sent on two trips up to Aquackununck [Acquackanonk] and Hackensack to keep the British and refugees from plundering; I therefore state that from the first of July 1777 to the 17th of October of the same year for three months and seventeen days I served as a private in Col. Spencers Regiment and among other duties performed those last mentioned and at the places mentioned

On hearing of the surrender of Burgoyne I was marched back to Elizabethtown Point and continued in the same regiment doing garrison and guard duty not less than one month on my own account, and then I was hired by one James Gillam of Vaux Hall to do one months duty for him, which month I served in Capt. Gillams Company in Col. Spencers Regiment in garrison and guard duty at Elizabethtown Point. I therefore state that from the 17th October 1777 for two months I served in Col Spencers Regiment as a private.

From the end of the service last mentioned my general impression still is that I continued in said Spencers
Page 91

Regiment doing duty at Elizabeth town Point and rear that place till I heard of the battle of Monmouth, and that if I was permitted to be absent any parts of days I was still obliged to be there with my Company at roll call at morning and night. Col. Spencer lived at Elizabeth Town and my service was generally under him. I am strengthened in my belief of this service from the impression that all this time the British continued on Staten Island and that there were no continentals to guard Elizabethtown Point and that it was done chiefly by militia.

For three weeks I served as a private in Col. Cortland's Regiment at the time of the battles of Connecticut Farms and Springfield in the year 1780 and was actually engaged in both those battles.

[in left margin beside the paragraph above:]
See Statement of this in his former deposition

For one month I served as a private in Capt. Reeves Company in Col. Spencer's Regiment at Elizabeth town Point This was near the close of the war, but I cannot recollect in what year or month particularly. All the companies and regiments in which I have stated the performance of duty I believe were duly embodied and called into service by competent authority. And for the above services I claim a pension. And during the several times in which I have stated their performance I do not recollect that I was engaged in any civil employment.

Since the last return of my declaration from the pension office I have sent an agent to New Jersey to procure other and more particular evidence of my services, but in consequence of the death of those who were witnesses I could obtain no more.

[signed] David Shipman

Subscribed & sworn to the Twelfth day of August 1834 before me Wm Sloan
- Justice of the Peace
Page 92

State of New York
Madison County } ss..

On the 26 day of June 1834 Before me William Sloan One of the Justices of the peace in and for the County aforesaid Personally appeared Lydia Shipman who being by me duly sworn deposes and saith that she is Eighty four years of age that she was Born in the Town of Newark State of New Jersey. that at the commencement of the Revolutionary War with Great Britton she resided at a place called Foxhall [Vauxhall?] with one Abraham Shipman the Uncle of David Shipman, that whilst living at this place she became acquainted with David Shipman Who was a soldier of the Army in the United States Service, and that he was in the service at the first Commencement of the War, and that for the first two years of the war she was intimately acquainted with him and knew him to be a soldier in the service of his Country the most part of that time. In the Latter part of second year of the War she was married to David Shipman. that at that time he was a soldier in the service, and that he Remained as a soldier almost the whole of the time up to the close of the war, that at the time she knew the names of the officers under whom he served, and the Periods of time which he served under each. But by Reason of old age and the Consequent loss of memory she cannot now recollect so as to state these facts with precision. Recollects Distinctly that he served under one Captain William Britton, also under one Captain Gillam, also Captain Reeves, also Captain Camp. Was well acquainted with Captain Camp. That Colonel Courtland, Major Hayes & Captain Camp quartered at her house that she cooked their provision and they boarded there about two weeks at the time Connecticut farms & Springfield were burnt, that this was at the place Called Fox hall [Vauxhall] about two miles from Springfield and about the same distance from Connecticut Farms, as she recollects. that at the time those places were Burned those officers were Boarding there, and David Shipman was then in the service and was not at home, that he had no Other Business, or Employment during the period after they were married to the Close of the War, only as a Soldier in the Service of his Country. Well recollects that he was in the Service at the time of the surrender of Burgoyne, and at the time of the Battle at Monmouth that he was at home several Times a few Days at a time does not Recollect that he stayed to Exceed a week at any One time During the Period aforesaid and further saith not

Lydia Shipman X her mark

Subscribed to by making her mark and sworn before me this 26th day of June 1834

Wm Sloan -- Justice of the Peace
Page 93

State of New York
Madison County } ss

I hereby Certify that I am personally acquainted with Lydia Shipman who Executed the within Affidavit in my Presence by making her mark, and that she is a Respectable Person and her Testimony Entitled to full faith and credit Dated June 26th 1834

Wm Sloan Justice of the Peace & in and for said County

[Written downward]
David Shipman's Pension Papers --

State of New York
Madison County Clerk's Office }

ss: I, Andrew S. Sloan, Clerk of the said County, do certify that William Sloan, before whom the two last preceding affidavits purport to have been sworn, and also whose name appears to the above certificate, was, at the dates of the same, one of the Justices of the Peace in and for the said County. And that I am acquainted with his hand writing and verily believe his name subscribed to the said Affidavits and Certificate to be his proper hand writing and signature. Witness my hand and seal of Office this 13th day of August 1834.

A. S. Sloan Clk
Page 94

In substance Copy last letter from Pension Office.

War Department
Pension Office
August 26, 1834

Sir, The claim of David Shipman has been again examined & is suspended. In the last declaration which essentially differs from the two preceeding it he alleges a specific term of five months in Brittons Company & Spencer's Regiment in '76, commencing in July and another term of three months enlistment same officers in December '76. In this he must be wholly mistaken, as Wm. Brittain was not commissioned until 6th February '77  according to the rolls, considered as a claim for service in the New Jersey line of the Revolutionary Army, the different term of enlistment are not specifically recited, and neither the rolls of Spencer's Regiment nor of any other of that line, furnish any evidence of his service. And if it is to be regarded as Militia service, the whole narration affords no points of resemblance to the monthly tours to which the militia were subjected by law. His papers are placed on file.

I am respectfully
your obt. Servant

A. S. Sloan Esq'r.
Cazenovia
N. Y.
Page 95

Gen Wm K Fuller
Mem. Congress
Washington
Page 96

Morrisville February 24th 1835

Gen. Wm. K. Fuller

Dear Sir, Recollecting your kindness on former occasions I have presumed to trouble you with papers in relation to the pension application of David Shipman. His application has been suspended and his papers placed on file. If you can do any thing for him I will thank you. His papers sent are substantially copies of some which have been sent to the pension office, except a new affidavit he has made explaining services performed with Capt.
William Britton. First, I beg leave to state in relation to the applicant that he is one of the soldiers of the revolution whose industry and economy have placed him above want, and he resides in the town of Smithfield, is very old and of memory very much impaired. He is a man whose veracity I have never heard doubted, and although his pension application has been agitated now a long time, I have never heard that any one doubts his having been in the service of the United States during the Revolutionary War.

Next, as to his papers. His first declaration was written for him before the term of the Court at which it was presented, and with all the particularity his recollection would then permit him to state his service. This declaration was read in open Court, by order of the first Judge and the court were satisfied that he had served as he stated. At any rate, after deducting all that could seem to be required for want of particularity, it was evident from his declaration and the traditionary evidence which then accompanied it, that he had done some service for the U.S. in the war of the Revolution as a soldier. This seems to be further established by the depositions of William Brown, Col. Aaron Hand, which are annexed to his first declaration, who swear they served with him in 1780. To these are annexed the deposition of Aaron Shipman. Some service being established it would seem that the applicant is entitled to something, a pittance at least.

The next question of course is, to what or now much is he entitled? This must depend on the amount of service. The time he first entered the service he has in his declaration and his supplemental depositions ^sworn was about the first of July in the year that the British entered New York, and he states circum- [circumstances]
Page 97

[circum]stances which go to establish the truth of this statement. He States distinctly that when Burgoyne surrendered he was in the service at a place near Albany, the name of which he does not recollect, and he tells circumstances to show this statement to be true. Now how does he dispose of the time between the day of entering the service to the day of the surrender of Burgoyne? In his declaration he states services, times and places just as they were recollected by him, and he detailed them as much in order, and with as much accuracy as an impaired and defective memory would enable him to, without reference to books or history. His papers being returned from the pension office, he made a deposition in which (with reference to history) he states something more particularly of his service from the time he entered to the time Burgoynes surrender, and then to other periods or the course of the war. His papers still being not satisfactory were returned again. Upon this with a more particular reference to history as to times when some of the services mentioned in his declaration took place, made another deposition in relation to his services, and related some other things in connection. In this statement he has on oath more particularly told how he served and when and where from his first try into the service till Burgoyne surrenderd than in either of his former papers. And in this second deposition to the 99th line of the copy I send you he states, in several divisions of time, the services of one year three months and seventeen days (mentioned in a prior deposition) to the surrender of Burgoyne. Atho there may be some incoherence on the face of his statements yet when taken together I have it to be seen whether in the whole it be not probable, that, from July 1st of the year that the British came into the New York until the surrender of Burgoyne, most if not all the time the applicant was in the service of the United States as a soldier of the revolution, and since his last deposition which I send with this, annexed to the copies it seems to me that there can be but little doubt in this particular.

In the 100th to the 107th lines inclusive of the copy
Page 98

of his second deposition which I send you he states two months service, one on his own account, and one for James Gillam. In the 108 to the 118 lines inclusive he states other services to the time of the Monmouth battle. In the 119th to 122d inclusive he states what he did at Connecticut Farms and Springfield and this seems to be proved by the deposition of Aaron Hand. In the 123d to 126 lines he swears to one months service in Capt. Reeves Company.

I certainly would not trouble you with this old Gentleman's papers, nor the officers again, who I am satisfied have given his application prompt and kind attention in the pension office, were it not that it appears to me that he furnishes some evidence of some service, for the United States, and tells circumstances which leave an impression on my mind that he performed much of such service in the war of the revolution; and it is probable that two years is an estimate low enough, and this is much below what he thinks he performed. It can be no objection that he without a pension is above real want, and that industry and frugality have merited and procured for him a competency for his present time of life, and it clearly should not be an objection that his memory will not enable him to declare his services with the clearness of conclusive evidence, of such details as he can give leave it probable that the services for which he claims have been done.

I am Sir very sincerely
yours &c
Epenetus Holmes
Page 99

State of New York Madison County ss: David Shipman of Smithfield in the said County being duly sworn deposes and says that he has been informed that his application ^for a pension has been suspended and that his papers have been placed on file in the office of the War Department - and further that it is suggested in the letter containing the above information that he must be wholly mistaken in alledging a specific term of service for five months in Brittons company commencing in July '76 and another term of three months under an enlistment in Dec'r. '76 with the same officers.

And in relation to the said service this deponent further says that he well remembers serving under William Britton that the said William Britton was by trade a Mason, and this deponent was his apprentice; that said William Britton was a Captain and that at or about the time the British came into New York as he has stated in his papers placed on file, he this deponent turned out with the said Britton as he has before stated and served pretty much all the time till the British passed through the Jerseys. He further says that he well remembers that one Jonathan Parsons was lieutenant in the said company at this time, and that the said Parsons had been an apprentice with deponent to said Britton and had served his time out and get to be a Lieutenant. He further says that he does not remember any thing about Brittons commission but remembers well that he served with him, but cannot State more particularly now [underlined] his service than he has done but he believes that his service was Militia service. He had no parents and there was not steady business for him to pursue, and he could make a living by soldiering [underlined] and he spent much of his time in that business during
Page 100

the war of the Revolution

[signed] David Shipman

Subscribed & sworn to the 21st day of February 1835 before me
A. Donaldson Jr Commissioner of Deeds

State of New York
Madison County Clerk's Office } ss: I, Andrew S. Sloan, Clerk of the said County do hereby certify that Alexander Donaldson Jr., before whom the foregoing affidavit purports to have been sworn, was, at the date of the same, a Commissioner of Deeds in and for the said County, duly appointed and qualified; and that I am acquainted with his hand writing and verily believe his name subscribed to the said Affidavit, to be his proper hand writing and signature. Witness my hand and seal of Office this 23d day of February 1835.

A. S. Sloan Clk
Page 101

To the Commissioner of Pensions.

Request for rehearing on evidence lately discovered in the Matter of application of David Shipman deceased, continued by his heirs, David Shipman Jr. & others for a pension; on account of services in the War of the Revolution.

Some of the grounds and reasons for requesting a rehearing follow --
Page 102

I. The decision of the Commissioner of Pensions is against the claim for a pension on account of the services of said David Shipman, deceased; and now with the additional record, and other evidence, in equity, and according to the laws of the United States, and the regulations of the Pension office it is presumed that a decision may justly be, on a rehearing be made in favor of the claim, under the act of Congress of 1832.

II. The traditionary evidence of the service of said David Shipman, required by the Department, under the said law, when the same was first carried into operation, and when the the said claimants declaration was first made, was full, and sufficient, according to the law of Congress and the regulations of the War Department, and the Pension Office, to entitle the said David Shipman, deceased to a pension of some amount. And in addition to the proof made, several other witnesses were referred to, as required by the instructions &c.

III. The depositions of witnesses, to wit, Aaron Shipman, Col. Aaron Hand and William Brown, one ^or more of whom served with him (said Shipman deceased) and stood in a position to know [underlined] whether he served or not, swear to their [underlined] ^service and to their knowledge of his service, and declare, one or more of them, in their affidavits, that they have no doubt that he served as much as two years, in that war of the Revolution.

IV. The Com'r. of Pensions states that it is "morally certain" that the said David Shipman, deceased "took part in some capacity in the Revolutionary struggle"

V. Some, and it is supposed much of the service in that war in New Jersey, was done by the militia. That State had, it is believed, but two regiments of the continental line, and it seems probable that Col. Spencer might have commanded one of those; and altho it is said on one side that Shipman served under Col. Spencer &c. and on the other side that the rolls of that regiment are in the Pension Office, and that Shipman's name is not on them,
Page 103

yet it is not therefore certain that he did not serve. Both, regulars and militia might have been under Col. Spencer's command, and yet the names of the militia not appear on his rolls of the ^soldiers of continental line. Militia service is provided for by the law of 1832, and the militia entitled to pensions as well as the Continentals.

VI. If New Jersey had but two regiments of the Continental Line, it is supposed that there was more necessity for the militia than could have existed had there been more of the Continental line ^there; and in such case the service of the Militia might have been as useful and meritorious as that of the Regulars. It cannot be supposed that Col. Spencer and his regiment of the Continental [underlined] line would submit to be subordinate to the militia. It is more probable that Shipman if his name is not on Col. Spencer's rolls yet was under her command. It would be better, if the facts are not absolutely known, to suppose, that a company of Militia on being called into the service would at once be commanded by the officers of the Army. Shipman might, have served as he has stated, and have served under Col. Spencer and his rolls of his regiment not show his name or his service.

My power of Attorney is on file with the other papers in this matter in the Pension Office.

E. Holmes, Attorney for David Shipman & others, [lined out: heirs of D. Shipman, himself]

[Written more faintly below:]
The decision on this application may be sent to Hon. Gerrit Smith member of Congress, or to E. Holmes, Morrisville, Madison Co. N. York, if Mr. Smith shall have left Washington when a decision on the case shall have been made.

E. Holmes
Page 104

Trenton Feb. 4, 1854

D. Sir

Your favor of Jan. 23. was this day received The troops of this State were paid in the first instance by the State, but the money was afterwards refunded by the General Government. The Muster rolls & payrolls were put into the hands of Commissioners appointed to settle with the government, and were destroyed at the time the public buildings at Washington were burned. The only evidence of service now in this Office are payments of interest on Certificates given, for any balance of pay that might be due at the Close of the War.

Yours respectfully
Tho's S Allison

E Holmes Esq
Page 105

[State Seal of New Jersey at left]
STATE OF NEW JERSEY,
DEPARTMENT OF STATE,
Trenton, June 26, 1854

E Holmes Esq

Sir - Your letter enclosing fee has been received --

I find that David Shipman was in the Militia Service, and that he received a payment in 1784 from the State for depreciation due -- This testimony is regarded conclusive at the Pension office that he performed duty. It does not show how long he served, or where, -- and no records in this office will shew this, as the rolls have been destroyed.

Respectfully
Tho's S Allison
Page 106

Notes given by the Commissioners of the several Counties of the State of New Jersey for Militia service during the Revolutionary War.

[Table, 5 columns, 2 rows, listed by column]
NO. OF CERTIF. | 786
DATE. | July 9. 1784
SIGNED BY | Tho's Clark
PAYABLE TO | David Shipman
AMOUNT. | [pounds] 3.6.8

STATE OF NEW JERSEY:

I, THOMAS S. ALLISON, Secretary of State of the State of New Jersey, do hereby certify, that the foregoing is a true abstract from a Book, headed as above, as taken from, and compared with the original, now remaining in my office.-- And I do further certify, that Thomas Clark was, by an Act passed by the Legislature of this State, December 20, 1783, entitled, "An Act to procure an estimate of the sums due to the Militia and Troops who have been raised for the defence of the frontiers of the State, and to provide for the settlement of the same," appointed a Commissioner for the County of Essex for the purpose of settling and adjusting the Pay-rolls of the Militia and Troops of this State, as aforesaid, and also for signing and delivering out to each and every person a note for the payment of what may be justly due.

In testimony whereof I have hereunto set my hand, and affixed my seal of office, at Trenton, in said State, this twenty sixth day of June A. D. one thousand eight hundred and fifty-four.

Tho's Allison
Secretary of State.
Page 107

State of New York Madison County ss.

Be it Remembered that on this 5th day of June in the year of our Lord 1833 personally appeared before me the undersigned a Justice of the peace in and for the said County of Madison David Shipman whose name is signed to the declaration to which this annexed who being duly sworn deposes and saith that by reason of old age and the consequent loss of memory he cannot swear positively 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 one year three months and Seventeen days I served as a Private, from the first of July mentioned in my Declaration to which this is annexed in the year that the British came into New York which from History I learn was in the year 1776. to the time when Burgoyne Surrendered which I learn from history was the 17th October 1777. I remember that the year in which I first entered the service was the year that the British came into New York from the following among other things, That my brother Joseph [underlined] who is now dead was In the service at this time on Long Island and there lost my old musket which he had with him, & he afterwards was taken Prisoner and sent to the sugar house in New York there confined. And at the same time I (this Deponent) was in the service at Elizabeth Town This term of service was as I really believe nearly all in Col Spencers Regiment mentioned in said declaration and I cannot say but it was all under said Col. Spencer, that the said Regiment was an Embodied Corps and called into service as I then supposed and still believe by Competent Authority that during the said year three months and seventeen Days I do not believe there was one week that I was not in actual service and that I was not during the said term engaged in any Civil Employment and the greater part of this time I was employed in keeping garrison and building a fort and entrenchments near Elizabeth Town point. That from and (immediately) after the Surrender of Burgoyne I with the Regiment of said Col. Spencer which was then under command of Gen. Winds marched back to Elizabeth town Point and according to my Recollection lay there till the next winter, and all Winter and was the principal part of the time engaged in keeping Garrison and doing the Duty of Guards, & I well rem-
Page 108

remember that at the time I heard of Monmouth Battle I belonged to said Spencers Regiment and lay at Elizabeth Town Point and I believe that I had continued to belong to, & serve in said Regiment from the time I heard of Burgoynes Surrender untill I heard of the Monmouth Battle which from history I learn was on the 28th June 1778 I therefore state that from the 17 of October 1777 when Burgoyne surrendered for not less than eight months and ten Days I served as a private to the time of the said Battle at Monmouth and that then and after that I continued in the said service for a long time but cannot state further my term of service more particular than in said Declaration it is stated and that for the last time of service above mentioned I was not employed in any civil pursuit I well remember being Discharged at the Close of the War at Elizabeth Town Point and for the services above mentioned I claim a pension

[signed] David Shipman

Subscribed & sworn to before me the 5th day of June 1833
Daniel Dickey Justice of the Peace

State of New York
County of Madison } ss:

I Andrew S. Sloan Clerk of the said County do certify that Daniel Dickey before whom the above affidavit purports to have sworn was at the date of the same one of the Justices of the Peace in and for the said County. And that I am acquainted with his hand writing, and verily believe his name subscribed to the said affidavit to be his proper hand writing and Signature.

Witness my hand and seal of office this 6th day of June 1833.

A. S. Sloan, Clerk
E. Barnard Dep. Clk
Page 109

State of New Jersey
Essex County } ss Before me William Stites one of the Judges of the Court of Common Pleas in and for the said County of Essex personally appeared William Brown Esqr who being duly sworn according to law on his oath deposeth and saith that he is well acquainted with David Shipman of Smithfield in the County of Madison and State of New York That he knew him before and during the revolutionary war during which he lived most of the time in the Township of Newark but thinks he lived one year in the Township of Elizabeth both of which are in the County of Essex and State of New Jersey and the deponent further saith that the said David Shipman was out much of the time in the Militia service during the revolutionary war but cannot recollect how long nor all the officers under whom he served, recollects having served with him in Captain Gillams Company in the year 1780. Capt Gillams Company belonged to Major Hayes Battallion & Coll Courtlands Regt and further saith not

[signed] William Brown

Subscribed and sworn before me the 25th day of Sept 1832

William Stites
Page 110

State of New Jersey
Essex County ss Before me William Stites one of the Judges of the Court of Common Pleas in and for the said County of Essex personally appeared Coll Aaron Hand of Springfield in the County of Essex and State of New Jersey aged sixty eight years who being duly sworn according to law on his oath saith that he is well acquainted with David Shipman who he understands and verily believes now lives in Smithfield in the County of Madison and State of New York That he knew him well during the Revolutionary War That he then lived near the village of Springfield but within the bounds of the Township of Newark in the County of Essex & State of New Jersey -- That he remembers having seen him frequently out in the service of his Country as a private soldier in the drafted militia at different periods during the war of the revolution, but ^dont recollect so distinctly as to be able to specify times, places, or officers but knows that he was out much of the time That he served in the same company with Deponent under Captain Gillam in and was with him at the battles of Connecticut Farms and Springfield in this County in the summer of 1780 & served with him as Guides to General Lee in Springfield Dont recollect much about him in the early part of the war he was several (perhaps eight or ten) years older than Deponent and the Deponent has no doubt but that the said Shipman did serve as much as two years during that war and further saith not

[signed] Aaron Hand

Sworn & Subscribed the 25th day of September 1832

[signed] William Stites
Page 111

State of New Jersey
Essex County ss Before me William Stites one of the Judges of the Court of Common Pleas in & for the County of Essex personally appeared Aaron Shipman  of Springfield in the County of Essex & State of New Jersey who being duly sworn according to law on his oath saith that he is seventy two years of age that he is a Brother of David Shipman of Smithfield in the County of Monroe in the State of New York That his Brother David is about six years older than himself (the Deponant) That he the said David lived near Springfield but in the Township of Newark in the County of Essex & State two Jersey most of the time during the revolutionary war and that he was frequently out in the Militia service during the Revolutionary war but cannot tell how long nor how frequently. Deponant was an apprentice at that time and lived from home and had not so good an opportunity of knowing the services rendered by his Brother David as he might otherwise have had, dont recollect having been in the service with him nor the officers under whom he served but recollects generally that he was out much of the time and has not a doubt that he was in the service more than two years during that war and further saith not.

[signed] Aaron Shipman

Sworn & subscribed before me the 25th day of September 1832

[signed] William Stites
Page 112

State of New Jersey
County of Essex ss:

I Elias Van Arsdale Junior Clerk of the Inferior Court of Common Pleas in and for the said Essex County & Clerk of said County Do hereby Certify that William Stites Esqr before whom the foregoing affidavits of William Brown, Aaron Hand & Aaron Shipman were made & taken at the time of taking the same was & still is one of the Judges of the said Court of Common Pleas duly commissioned & sworn & residing in said county. That I am acquainted with the hand writing of said Judge & that the name "William Stites" subscribed to the Jurat of said Affidavits is the proper hand writing of said Judge, and that full faith & credit are due & may be given to his official acts & that the signatures "William Stites" are genuine.

In Testimony whereof I have hereunto set my hand & affixed my seal of office this twenty sixth day of September AD Eighteen hundred & thirty two.

[signed] E Van Arsdale Jr Clk

I William Stites the Judge of the Court of Common Pleas in & for the County of Essex before whom the foregoing affidavits of William Brown Aaron Hand and Aaron Shipman are taken, do hereby certify that I am well acquainted with the said William Brown Aaron Hand and Aaron Shipman and that they are credible Persons and their affidavits entitled to full faith and confidence

Given under my hand and [illegible] to the 3d day of June 1834

William Stites
Page 113

David Shipman's Declaration to obtain a pension --

15982
Page 114

Copy
1 Declaration in order to obtain the benefit of the act
2 of Congress passed June 7. 1832
3 State of New York Madison County ss: On this 9th
4 day of October 1832 personally appeared in open court, before the
5 Court of Common Pleas of the said County of Madison now sitting
6 David Shipman a resident of Smithfield in the County aforesaid
7 aged eighty years, who being first duly sworn, according to law
8 doth on his oath make the following declaration in order to obtain
9 the benefit of the act of Congress passed June 7th 1832. That
10 he was born at Newark New Jersey in the year of our Lord
11 1752 by information. That he entered the service under the follow-
12 ing named officers and served as herein stated that is to say
13 in the year that the British army in the revolutionary war came
14 into New York he at Elizabethtown New Jersey went into the
15 service of the United States, as a volunteer militia man under
16 Captain William Britton Major Hays, Col. Spencer and
17 Gen. Winds. that in this year he thus entered about the
18 first of July. That after he entered the said service he was
19 first marched to Elizabeth Town Point, and was there employed
20 in building a fort and entrenchments. He lay at this place
21 when the British entered and took New York. That when the
22 British after taking New York passed into New Jersey this
23 applicant with the Regiment to which he belonged marched
24 to Brunswick and as the British army advanced they
25 were ordered, and marched to Bon Brook and thence
26 they were marched to Morristown thence to Chatham
27 and thence to Springfield. At this place this applicant
28 was in a battle with some of the British in the night. Thence
29 they marched to Connecticut Farms. At this place
30 they had a skirmish with the British and took and
31 killed a number of them From Connecticut Farms
32 they marched to Elizabethton.
33 In Elizabeth town creek they took three boat loads of the
34 British baggage. While he was at Morristown as
Page 115

35 above stated he was presented with enlisting orders and enlisted
36 under the aforesaid Capt. Britton in Col. Spencers Regiment
37 for three months which term he served out, and then continued
38 on in the service That when Burgoyne came from the north into
38 the State of New York the regiment to which this applicant belonged
39 were ordered into the State of New York and this applicant
40 with said Regiment marched along up the north River till
41 they reached a place near Albany the name of which
42 he does not remember. Here they were informed that
43 Burgoyne had surrendered, and their Gen (Winds) or-
44 dered them about and they marched directly back to
45 Elizabeth Town. This applicant cannot from defect of
46 memory state particularly every time he was transferred
47 from one Company to another but he remembers that he was
48 a great part of the time in the United States Service until
49 the war closed, and most of the time under ^the command
50 of Gen. Winds. That at the close of the War, he with the
51 regiment to which he belonged were paraded at Eliza-
52 bethtown Point and all were discharged but no
53 written discharges were given. That in the course of the
54 War he served a while under one Capt Gillam, and Capt.
55 Reeves and towards the last of the war, he served two
56 or three months under Capt. Camp. He remembers
57 that one time the British army came out from
58 Staten Island (to the number of eleven thousand
59 as was said) and made two trials to go to Morris-
60 town. The first day they landed they came a little
61 above Connecticut Farms, and the American
62 Army in which this applicant then was and the
63 militia met them and fought them and retreated
64 all day or until four O Clock in the afternoon. After
65 this the British retreated to Elizabeth town Point and lay there
66 a fortnight and then came out again and at this time
67 they went into Springfield and here again the regiment
68 to which this applicant belonged and in which he then
69 was fought there almost all day. They left Springfield
Page 116

70 the same night after setting fire to a part of the town
71 This applicant was in a skirmish with the British
72 that came out from Staten Island at a place called
73 Woodbridge in New Jersey. This applicant states
74 that he verily believes that all the time he was in the
75 service of the United States in the revolutionary war
76 was not less than five years. This applicant
77 further says that the place where he was born was
78 Newark in New Jersey and the time he does not
79 know only as stated above. He has no record of his
80 age. He was living at Elizabethtown in New Jersey
81 when called into the service and this was his home
82 while in the service of the United States. That he has
83 since lived in New York about three years and from
84 thence he moved to Charleton in Montgomery County
85 in New York where he lived about three years and
86 then he moved to his present place of residence.
87 When he went into the service as above stated he
88 volunteered. He recollects no regular officers nor
89 Continental or militia regiments who were with
90 the troops when he served except those mentioned
91 above and one Col. Wilson. He never received
92 any written discharge from the service. He is
93 known in the neighborhood in which he lives to
94 Gerret Smith Esq'r. Nehemiah Huntington Esq'r. Capt.
95 Frederick A. Myers, Elder Ransom, Seth Lockwood
96 and Thomas Beekman Esqr late member of Congress
97 who can testify as to his character for veracity
98 and their belief of his services as a soldier of the
99 revolution. Further reference may be made to Joseph
100 S. Palmer Esq'r now high Sheriff of the aforesaid
101 County of Madison. He has no documentary
102 evidence and knows of no person whose testimony
103 he can procure who can testify to his services
104 He hereby relinquishes every claim to a pension
Page 117

105 except the present and declares that his name
106 is not on the pension roll of the agency of any
107 State.  David Shipman
108 Sworn to and subscribed the day and year aforesaid

Copy 1 A. S. Sloan Clk.- We Dyer D. Ransom a Clergy-
2 man residing in the town of Smithfield in the County
3 of Madison in the State of New York, and Seth Lockwood
4 residing in the same town hereby certify that we are well
5 acquainted with David Shipman who has subscribed
6 and sworn to the above declaration, That we believe
7 him to be Eighty years of age. That he is reported
8 and believed in the neighborhood where he resides
9 to have been a soldier of the revolution and we
10 concur in that opinion   Dyer D. Ransom
11 Sworn & subscribed the } Seth Lockwood
12 day and year aforesaid } A. S. Sloan Clerk.

Copy 1 And the court do hereby declare their opinion after
2 the investigation of the matter and after putting
3 the interrogatories prescribed by the War Depart-
4 ment that the above named applicant was a
5 revolutionary soldier and served as he states.
6 And the Court further certifies that it appears
7 to them that Dier D. Ransom who has signed
8 the preceeding certificate is a clergyman
9 resident in the town of Smithfield in the County
10 aforesaid and that Seth Lockwood who has also
11 Signed the same is a resident in the same town
12 and is a credible person and that their statement
is entitled to credit.  I Andrew S Sloan
2 Clerk of the Court of Common Pleas of the County
3 of Madison aforesaid do hereby certify that the
4 foregoing contains the original proceedings of
5 the said Court in the matter of the application
6 of David Shipman for a pension. In Testimony
7 whereof I have hereunto set my hand and seal
8 of office this ninth day of October
[words crossed out, instead written on the next page]
Page 118

9 in the year of our Lord 1832. A. S. Sloan Clk
[2 lines thoroughly crossed out]

Copy 1 State of New Jersey, Essex County ss: Before me
2 William Stites one of the Judges of the Court of Common
3 Pleas in and for the said County of Essex personally ap-
4 peared William Brown Esq. [name underlined] who being duly sworn
5 according to law on his oath deposeth and saith that he
6 is well acquainted with David Shipman of Smith-
7 field in the County of Madison and State of New York.
8 That he knew him before and during the revolutionary
9 War, during which he lived most of the time in the township
10 of Newark but thinks he lived one year in the township
11 of Elizabeth both of which are in the County of Essex and
12 State of New Jersey And this deponent further saith that
13 the said David Shipman was out much of the time in
14 the Militia service during the revolutionary war, but cannot
15 recollect how long for all the officers under whom he
16 served recollects having served with him in Captain
17 Gillam's Company in the year 1780 Capt. Gillam's
18 Company belonged to Maj'r Hays Battalion and Col.
19 Cortlands Regiment and further saith not
20 subscribed and sworn the } William Brown
21 25th day of Sep. 1832 William Stites.

copy 1 State of New Jersey Essex County ss: Before me William
2 Stites one of the Judges of the Court of Common Pleas in and
3 for the said County of Essex personally appeared Col.
4 Aaron Hand [name underlined] of Springfield in the County of Essex and
5 State of New Jersey aged sixty eight years who being
6 duly sworn according to law on his oath saith that
7 he is well acquainted with David Shipman who he
8 understands and verily believes now lives in Smithfield
9 in the County of Madison and State of New York.
10 That he knew him well during the revolutionary
Page 119

9 in the year of our Lord 1832. A. S. SLoan Clk
[2 lines thoroughly crossed out]

Copy 1 State of New Jersey, Essex County ss: Before me
2 William Stites one of the Judges of the Court of Common
3 Pleas in and for the said County of Essex personally ap-
4 peared William Brown Esq. [name underlined] who being duly sworn
5 according to law on his oath deposeth and saith that he
6 is well acquainted with David Shipman of Smith-
7 field in the County of Madison and State of New York.
8 That he knew him before and during the revolutionary
9 War, during which he lived most of the time in the township
10 of Newark but thinks he lived one year in the township
11 of Elizabeth both of which are in the County of Essex and
12 State of New Jersey And this deponent further saith that
13 the said David Shipman was out much of the time in
14 the Militia service during the revolutionary war, but cannot
15 recollect how long for all the officers under whom he
16 served recollects having served with him in Captain
17 Gillam's Company in the year 1780 Capt. Gillam's
18 Company belonged to Maj'r Hays Battalion and Col.
19 Cortlands Regiment and further saith not
20 subscribed and sworn the } William Brown
21 25th day of Sep. 1832 William Stites.

copy 1 State of New Jersey Essex County ss: Before me William
2 Stites one of the Judges of the Court of Common Pleas in and
3 for the said County of Essex personally appeared Col.
4 Aaron Hand [name underlined] of Springfield in the County of Essex and
5 State of New Jersey aged sixty eight years who being
6 duly sworn according to law on his oath saith that
7 he is well acquainted with David Shipman who he
8 understands and verily believes now lives in Smithfield
9 in the County of Madison and State of New York.
10 That he knew him well during the revolutionary
Page 120

11 war, that he then lived near the Village of Springfield but within
12 the bounds of the township of Newark in the County of Essex and State
13 of New Jersey. That he remembers having seen him frequently out
14 in the service of his country as a private soldier in the drafted
15 Militia at different periods during the war of the revolution.
16 but dont recollect so distinctly as to be able to specify times
17 places or officers but knows that he was out much of the
18 time. That he served in the same company with deponent
19 under Captain Gillam and was with him at the battles of
20 Connecticut Farms and Springfield in this County in the
21 Summer of 1780 and served with him as guides to General
22 Lee in Springfield. Dont recollect much about him in the
23 Early part of the war. He was several (perhaps Eight or
24 ten) years older than deponent and the deponent has no
25 doubt but that the said Shipman did serve as much
26 as two years during that war, and further saith not
27 Sworn and subscribed the 25th day } Aaron Hand
28 of September 1832, William Stiles

[The remainder of the page is lined out diagonally]
State of New Jersey Essex County ss Before me William Stiles one of the Judges of the Court of Common Pleas in and for the said County of Essex personally appeared William Brown Esq'r who being duly sorn according to law on his oath deposeth and Saith that he is well acquainted with David Shipman of Smithfield in the County of Madison and State of New York. That he knew him before and during the revolutionary war during which he lived most of the time in the township of Newark but thinks he lived one year in the township of Elizabeth both of which are in the County of Essex and State of New Jersey, and this deponent further saith that the said David Shipman was out much of the time in the militia service during the revolutionany war, but cannot recollect how long nor all the officers under whom he served Recollects having served
Page 121

Copy

1 State of New Jersey, Essex County ss: Before me William
2 Stiles one of the judges of the court of Common Pleas in and
3 for the County of Essex personally appeared Aaron Shipman [name underlined]
4 of Springfield in the County of Essex & State of New Jersey
5 who being duly sworn according to law on his oath saith
6 that he is seventy two years of age That he is a brother
7 of David Shipman of Smithfield in the County of Monroe
8 in the State of New York that his brother David is about
9 six years older than himself (this deponent) That he the
10 said David lived near Springfield but in the township of
11 Newark in the County of Essex and State of New Jersey
12 most of the time during the revolutionary war; and that
13 he was frequently out in the militia service during the
14 revolutionary war, but cannot tell how long nor how
15 frequently Deponent was an apprentice at that time and lived
16 from home and had not so good an opportunity of knowing the ser-
17 vices rendered by his brother David as he might otherwise have
18 had Dont recollect having been in the service with him nor the
19 officers under whom he served but recollects generally that
20 he was out much of the time and has not a doubt that he
21 was in the service more than two years during that war
22 and further saith not.  Aaron Shipman
23 Sworn and subscribed before }
24 me the 25th day of September }
25 1832 William Stites.
Page 122

29 year three months and seventeen days [repetition lined out]
30 I do not believe that there was a week that I was not in
31 the service, and that I was not during the said term en-
32 gaged in any civil employment and the greater part of
33 this time I was employed in keeping garrison and building
34 a Fort, and entrenchments near Elizabeth town Point.
35  That from and immediately after the surrender of
36 Burgoyne I with the regiment of said Col. Spencer, which was
37 then under command of Gen. Winds marched back to Eliza-
38 beth Town Point and according to my best recollection lay there
39 till the next winter and all the next winter, and was the
40 principal part of the time engaged in keeping garrison and
41 doing the duty of guards, and I well remember that at the
42 time I heard of the Monmouth battle I belonged to said
43 Spencers regiment and lay at Elizabeth Town Point and I
44 believe that I had continued to belong to and serve in said
45 Regiment from the time I heard of Burgoyne's surrender until
46 I heard of the Monmouth battle which from history I learn
47 was on the 28th of June 1778. I therefore state that from the
48 17th of October 1777 when Burgoyne surrendered For not
49 less than eight months and ten days I served as a private
50 to the time of the said battle of Monmouth, and then and after
51 that I continued on in the said service, but cannot state
52 further my term of service more particularly than in said
53 declaration it is stated. And that for the last term of service
54 above [lined out: stated] mentioned I was not employed in any civil
55 pursuit. I well remember being discharged at the close
56 of the war at Elizabeth town Point and for the services
57 above mentioned I claim a pension.
58 Sworn to & subscribed }
59 before me the 5th day }
60 of June 1833 }
Page 123

2d Deposition Supplementary

Copy Deposition of the applicant made after the second return of his from the pension office

1 State of New York, Madison County ss: On this [blank] day of
2 August 1834 personally appeared before me [blank] the
3 undersigned a justice of the peace in and for the said County of
4 Madison David Shipman whose name is signed to this deposition
5 and to the declaration to which this is annexed Who being by me
6 duly sworn deposes and says that by reason of old age and the
7 consequent loss of memory he cannot swear positively to the
8 precise length of his service but according to the best of his
9 recollection he served in the course of the revolutionary war
10 not less than the periods mentioned below and in the following
11 grades to wit. In the year that the British army entered
12 New York from the first of July or about that day for five months
13 I served in Captain William Brittons Company in Col. Spencer's
14 ^Regiment which service was performed at Elizabeth town in New Jersey and
15 places near this, and a part of this time I was employed in building
16 a fort and intrenchments at Elizabeth Town Point, and a part
17 in marching to Morristown. I lay at Elizabeth Town with the
18 Company of Capt Britton when the British took New York. I
19 well remember that when Gen Washington retreated from
20 Newark to Brunswick and when the British entered Newark
21 I was in said Company of Capt Britton and within a mile of
22 the British Army. This company and regiment were embodied
23 and I then did and still do believe were called into service
24 by competent authority, and during this term of service I was
25 not employed in any civil pursuit. This term of service
26 was [crossed out: employed] performed as a volunteer militia man, and
27 in the course of this term I was marched to Morristown as I
28 have stated in my declaration made in Court October 9th
29 1832.
30 While at Morristown as above stated I was presented with
31 enlisting orders and as near as I can remember about the first
Page 124

32 of December 1776 enlisted under the aforesaid Capt. Britton
33 in Col. Spencer's Regiment for three months which term I served
34 out, and therefore I state that for three months under this enlistment
35 I served as a private in said Capt Brittons Company in
36 Col. Spencers regiment, in New Jersey, and that under this
37 enlistment I marched from Morristown, to Chatham Spring-
38 field and Elizabeth town, and at Elizabeth Town Creek assisted
39 in taking some baggage from the British when they left that
40 place and I think we took with this baggage some pris-
41 oners
42 When the last mentioned term of service for three
43 months expired I still continued in the service in said
44 Capt Brittons Company and Col. Spencers regiment some
45 of the time according to the best of my recollection in keeping
46 garrison at Elizabeth Town and some part on duty at different
47 places near that to prevent the plundering of the inhabitants
48 untill after a skirmish at a place called Woodbridge near
49 Amboy in which skirmish I was engaged which I am
50 informed from history was about the 26th June 1777, but which
51 time I cannot state from memory, though I well remember
52 being in an engagement there and that we had a pretty
53 smart brush at that place, and that our regiment was
54 stationed at Rahway about a week immediately after
55 this. I therefore state that from the time when my three
56 months enlistment as above stated into which I entered
57 at Morristown, for not less than four months I served as
58 a private in the company and regiment and at the places
59 and in the service last above mentioned. This term brings
60 me to about the first of July 1777 one year from the time
61 I entered as a volunteer as above stated and from the best
62 recollection I have, and best information I can obtain I
63 feel confident that from July 1776 I served one year
64 as I have above mentioned, and no part of this time was
65 I employed in any civil pursuit. At the engagement at
66 Woodbridge as above stated I am not certain that Capt.
Page 125

67 Britton was my Captain but I remember that I was
68 in Col Spencers regiment and my belief on the whole is that
69 Capt. Gillam was my Captain.
70 From Rahway I with the Regiment of Col. Spencer
71 marched to Elizabeth Town and according to my best recollec-
72 tion continued in the Service and on duty about all the time
73 until Burgoynes surrender and I believe under the
74 command of Col. Spencer. I well remember that
75 when I heard of Burgoynes surrender I was in his
76 regiment going northward towards Albany and
77 so near that we expected to reach Albany the day that
78 the news of his surrender reached us. I remember that
79 there was then along in company with us two field pieces
80 and the men that belonged to them. I cannot remember
81 what officers were with the field pieces though it seems to
82 me that Capt. Camp was one. When we came to the
83 north river near Albany we saw the sloops that had
84 the British on board, who had gone up the river for the
85 purpose of helping Burgoyne just hoisting sail to go
86 back. The duty which I performed from the time I was
87 marched to Elizabeth Town from Rahway to the time I
88 marched towards Albany as mentioned was principally
89 in keeping guard and doing garrison duty. We had two
90 guards to turn out every morning one for Halsey's Point
91 and one for Elizabeth Town Point. In day time our sentry
92 could see those of the British Army I remember that in
93 this term I was sent up on two trips to Aquackanunck
94 & Hackensack, to keep the British and refugees from
95 plundering. I therefore state that from the first of July
96 1777 to the 17th of October of the same year for three
97 months and seventeen days I served as a private in Col.
98 Spencer's regiment and among other duties performed those
99 last mentioned and at the places mentioned.
100 On hearing of the surrender of Burgoyne I was marched
101 back to Elizabeth Town Point and continued in the same regiment
102 doing garrison and guard duty not less than one month on my
Page 126

103 own account, and then I was hired by one James Gillam of Vaux
104 Hall to do one months duty which month I served in Capt. Gillam's
105 Company in Col. Spencers regiment in garrison and guard duly at
106 Elizabeth Town Point. I therefore state that from the 17th October 1777 for
107 two months I served in Col. Spencer's regiment as a private.
108 From the end of the service last mentioned my general im-
109 pression still is that I continued in said Spencer's regiment
110 doing duty at Elizabeth Town Point and near that place till I
111 heard of the battle of Monmouth and that if I was permitted to
112 be absent any parts of days I was still obliged to be there, with
113 my Company at roll call at morning and night. Col. Spencer
114 lived at Elizabeth Town & my services was generally under
115 him. I am strengthened in my belief of this service from the
116 impression that all this time the British continued on Staten Island
117 and that there were no continentals to guard Elizabeth Town Point
118 & that it was done chiefly by militia.
119 For three weeks I served as a private in Col. Cortland's
120 regiment at the time of the battles of Connecticut Farms and
121 Springfield in the year 1780 and was actually engaged in
122 both those battles.
123 For one month I served as a private in Capt. Reeves Com-
124 pany in Col. Spencers regiment, at Elizabeth Town Point. This
125 was near the close of the war but I cannot recollect in what
126 year nor in what month by name particularly. All the several
127 Companies and regiments in which I have stated the performance
128 of duty I believe were duly embodied and called into
129 service by competent authority. And for the above services
130 I claim a pension, and during the several times in which
131 I have stated their performance I do not recollect that I
132 was engaged in any civil employment. Since the last
133 return of my declaration from the pension office I have
134 sent an agent to New Jersey to procure other and more
135 particular evidence of my services, but in consequence
136 of the death of those who were witnesses I could obtain
137 no more.
Page 127

Sworn & Subscribed the [blank] day of August 1834 before me }