Revolutionary War Pension and Bounty Land Warrant Application File R. 5695, for Daniel Jones, New York
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New York
Jones, Daniel
R. 5695

Contents
b. Dec 29 1766
In 1833 res Haverstraw, Rockland Co. N.Y.
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Declaration of Daniel Jones
22221
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State of New York
Rockland County ⎬ 

On the fifth day of February, in the year AD 1833 personally appeared in open Court, before the Judges of the Court of
Common Please, now sitting Daniel Jones a resident of the town of Haverstraw, in the County of Rockland and State of New York, aged Sixty six years the twenty ninth day of December, 1832, 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 7, 1832. That he entered the service of the United States under the
following named officers and served as herein stated. That in the month of April, 1779, he with his father (since deceased) enlisted for
one year, under Major William Thears [?], who had the command of the fortifications at Haverstraw, and served by enlistments from year to year continually until the month of September in the year 1783. That their employment was to do the Blacksmith work for the Continental Army and that they only received the pay and at one then allowed by the laws of America to men in the service of
the United States, that he being large of his age was able to blow and strike for his father, that they worked at stony point until
the British army took possession thereof, that then they were more to Judge Sufforns-- where they worked until stony Point was
retaken by Genl Wayn, when they removed to Stoney Point and worked there until peace was declared which he believes was about
September 1783. that he has no documentary evidence of his services as he does not know that his father did or did not receive a
discharge, that there is a few still living that are known to his services, that he is personally known to Matthew Benson, Matthew
Gurnce, Capt Aaron DeCamp, and many other Citizens of the town of Haverstraw aforesaid, who can testify as to his character for veracity
and their belief as to his aforesaid services. He hereby relinquishes every claim whatever to a Pension or annuity except the present.
and declares that his name is not on the Pension Roll of the Agency of any State.
Sworn to and subscribed the day and year aforesaid
Daniel Jones
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We Matthew Benson of the town of Haverstraw aged sixty eight years, and Benjamin Jones of the same place aged sixty four years being both first duly sworn in open Court doth depose and say that we were
well acquainted with Daniel Jones knows that he served as a Blacksmith under Major William Thears from the spring of the year 1779 to the close of the revolutionary War, know him to be a man of undou[b]ted veracity and that his statement is entitled to full credit.
Sworn to and subscribed the day and year aforesaid
Matthew Benson
Benjamin Jones

I James Sherwood a Clergyman residing in the town of Ramapo, who being first duly sworn according to law-Do hereby certify that I am well acquainted with Daniel Jones, who has sworn to the above declaration and subscribed the same, that I believe him to be sixty six years of age, that he is believed and reputed in
in the neighborhood where he resides to have served as is by him stated in the above declaration that his is a man of veracity whose oath is entitled to full credit
Sworn to and subscribed the day and year aforesaid
James Sherwood

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 (which were all satisfactorily answered, that the above named applicant was a Revolutionary soldier and served as he states. And the Court further certifies, that they know that James Sherwood.
who has signed the preceding certificate, is a Clergyman, resident in the town of Ramapo in the County of Rockland and
that Matthew Benson and Benjamin Jones, who have also signed the preceding certificate are residents of the town of Haverstraw aforesaid, and are credible persons, and that their statements is entitled to credit, and also that all the above precedings were in open Court.
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Per Curiam
David Pye Clerk
I, David Pye, Clerk of the Court of Common Please in and for said county. Do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of Daniel Jones for a pension-
In testimony whereof, I have hereunto set my
hand and seal of office this fifth day of
February, A.D. 1833.
David Pye
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22221
Daniel Jones

[?]. Pye 29 March 1838

David Pye
Clarkstown
N York
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WAR DEPARTMENT,
Pension Office,
183
Sir:
The evidence in support of your claim, under the act of June 7, 1832, has
been examined, and the papers are [crossed out]

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 Daniel Jones Rockland County New York

Period when the service was rentered
April 1779 enlisted

Duration of the claiment's service
1 and afterwards [?] by enlistments from year to year until September 1783

Rank of the claiment
Blacksmith

Names and Rank of the Copay officers under whom he served

Names and Rank of the General and Field Officers
Major Kears

Battles in which the applicant was engaged.
None

County through which he marched.
Stony Point

Place of abode when he entered the service and age at the present period
Sixty Six Year

Evidence by which the declaration is supported.
Living Witnesses

I am, respectfully, your obedient servant, 
J.L. Edwards, Commissioner of Pensions
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2
REGULATIONS UNDER THE ACT OF JUNE 7, 1832.

The following regulations have been adopted:
This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army, and to include under the terms "Continental Line," "State troops," "militia," and "volunteers," all persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, &c. Teamsters, Boatmen, &c. Persons who served on board of Private Armed Vessels are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged
in guarding particular places at night, and were not recognized as being in actual military service.

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

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

DECLARATION.
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
State, Territory, or District of ___
County of ____

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

[And then will follow the certificate of the Court.]

And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states.

I __________, of the Court of ____________
do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of ________ for a pension.
In testimony whereof I have hereunto set my hand and seal of office (i) this
day of _____________& c.

If, on examination of the proper record the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out.
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. residein th (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 knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction.
If such surviving witness cannot be found, the applicant will so state in his declaration (l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his
alleged service, as they are known at the Department. A very full account of the services of each person
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will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal
means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected.
All applicants will appear before some Court of Record in the County, in which they reside, and there
subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.
The Court will propound the following (m) interrogatories to all applicants for a pension, on account
of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State
troops of Virginia.
1. Where and in what year were you born?
2. Have you any record of your age, and if so, where is it?
3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?
4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom?
5. State the names of some of the Regular Officers, who were with the troops, where you served; such [con]tinental and Militia Regiments as you can [recall] and the general circumstances of your services
6. {To a soldier}  Did you ever receive a commission, and if so, by whom was it given and what has become of it. {To an officer} Did you ever receive a commission, and if so, by whom was it signed, and what has become of it?
7. State the names of persons to whom you are known in your present neighborhood, and who can testify
as to your character for veracity, and their belief of your services as a soldier of the Revolution.
The Court will see that [t]he answers to these questions are embodied in the declaration, and they are
requested to annex their opinions of the truth of the statement of the applicant.
The applicant will further produce in Court, if the same can be done, in the opinion of the Court,
without too much expense and inconvenience to him, two respectable persons -one of whom should be
the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from
their acquaintance with him, that they believe he is of the age he represents, and that he is reputed
and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion.
If one of these persons is a Clergyman, the Court will so certify, and they will also certify, to the character
and standing of other persons, giving such certificates.
The traditionary evidence of service is deemed very important, in the absence of any direct
proof, except the declaration of the party. And the Courts are requested to be very particular in the
enquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
Applicants unable to appear in Court by reason of bodily infirmity, may make the declaration before
required, and submit to the examination, before a Judge or Justice of a Court of Record of the
proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to
perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court.
Whenever any official act is required to be done by a Judge or Justice of a Court of Record,
or by a Justice of the peace, the certificate of the Secretary of State or Territory, or of the proper
Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a
Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is [a]
genuine signature.
No payments can be made on account of the services of any person, who may have died before
the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the
declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period
of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the
opinion of the Court upon the whole matter.

{a}The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow
the rule laid down for his guidance.
{b} The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not
conforming to the rule.
{c} The age of the claimant must invariably be mentioned.
{d} The declarant must mention the period or periods of the war when he served.
{3} Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had. Every claimant must state, with precision, the length of his service, and the different grades in which he served, in language so
definite as to enable the Department to determine to what amount of pension he is entitled. In a case where the applicant cannot, by reason of the
loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason
of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service; but, according to the best of his
recollection, he served not less than the periods mentioned below, and in the following grades:--For---year----
-- months, and-
-- For --
month and
days, I served as a -; and for such service I claim a pension."
important, in all cases, to determine with precision the period for which each applicant served, and the particular rank he held, as the law
directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months
is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state that they served two years
in the militia, &c without specifying the tours, the names of the officers, and other particulars respecting their service. This form of a declaration is
highly objectionable. It must, in every case, be clearly shown under what officers the applicant served; the duration of each term of engagement;
the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil
pursuit.
{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 sheet of paper which contains
the affidavit, or other papers authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must
pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.

Proof of Service.

{j} In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses
who are required to set forth in their affidavits the time of the 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.
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 sent to the War Department, with the declaration
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P.O. Daniel Jones
Service:
Enlisted:
Discharged:
Application Filed:

The printed list of 1852 gives cause of rejection as: "Service as a blacksmith - not considered military service"

Re-enlisted:
Attorney:
P.O.
Recognized
Contract
Cert. of Dis. 
Searched for
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N. York
Daniel Jones
letr to D. Pye 3 Dec 1839

Rejected

in form[illegible]

569J

Act June 1832
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D Pye
3 Dec 1839
OC
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War Department Pension Office
3 Dec 1839
Sir
The papers of Daniel Jones an Applicant for
a pension under the act of June 7, 1832 have again been examined - It is said by the claimant that he was a blackmith and guard under Majer Kears 1779 until the close of the war-- The is no evidence in the Department that the service described in this case was any thing more than that rendered in ordinary cases under Civil contract by Black Smith Carpenters &c The Mechanics engaged in the continental service, then only service embraced by the act were enlisted by officers in the regular service.
David Pye Esq Clarkstown N.Y
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Nyack Turnpike
Nov 27
Free

James S Edwards
Commish of Pensions
Washington City
D.C.
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Clarkston Nov 26 1839

Hon Sir

In 1833 Daniel Jones, a resident of the town of Haverstraw made a declaration under the Act of June 7 1832 in order to obtain a pension, and set forth in his declaration that he enlisted yearly and served as a blacksmith working for the continental army and was stationed at Stony Point and there served until the British took possession of that post when the Artifice department moved to other stations of which declaration was forwarded to you. And after being examined it was your opinion at that time (if my memory is correct, the letter you sent in his case, directed to me is mislaid, as it cannot now be found.) that the act of congress did not embrace his claim. Having since understood that you had altered your opinion and had since granted pensions to several who had only served as an Artificer, I beg leave to refer you to the claim of the said Daniel Jones that he may receive the benefit of said Act if his services merrit the same.

I remain Hon Sir your obt. Servant
David Pye

Hon James S Edwards