Revolutionary War Pension and Bounty Land Warrant Application File R. 70, John Alben, New York
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Service: New York
Alben, John
Number: R. 70
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John Alben's
declaration
23372
Rolls - Goodwins Compy

John Alben - Sergt 15 Mar '77
reduced 1 Aug '77
must. [?] Sergt Dec. '77
" pri Aug 78
deserted 6 October 78
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Declaration in order to obtain the benefit of the act of Congress of the 7th of June 1832 

State of New York }
County of Suffolk } ss. 
On this 1st day of January 1833 personally appeared before the Court of Common Pleas of the County of Suffolk John Alben a resident of the Town of Huntington in the said County of Suffolk and State of New York aged eighty one years and seven months 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 7, 1832. 
That he enlisted in the army of the United States in the year 1776 in a company commanded by Captain Daniel Roe, in Colonel William Henry Livingston's Regiment and served in that company and regiment for a period of seven months. That Nathaniel Norton was Lieutenant of the said company, and George Smith was Major of the said Regiment. That he then resided in the Town of Brookhaven in the said County. That this deponent was stationed with his said company and two other companies one commanded by Captn Griffin and the other by Capt Davis the whole Commanded by Col. Livingston at Oyster pond point in the said County where they remained until Long Island was given up to the British in August 1776 when this deponent crossed the Sound with the said companies to Saybrook and went from thence to New Haven and from thence to Fort Montgomery where this deponent received his discharge
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That soon after his said discharge he enlisted in a company of Rangers of which Samuel Delavan was Captain and [obscured]iel Delavan was Ensign at North Salem in the State of New York for the term of nine months. The exact date of such enlistment he does not recollect, but it was in the fall of 1776. That he served under this enlistment in Westchester County and was engaged in a skirmish at Stephen Ward's house in East Chester when his company was attacked by the British commanded by Major Campbell. That this deponent's Company situated [?] from the house that night, but returned the next day when the British had left there and assisted in burying the dead among whom was Major Campbell. That this deponent served in that company until his term of service had expired when he received his discharge. That a fortnight before said term had expired this deponent enlisted at North Salem aforesaid in the army of the United States with Captain Henry Godwin and served  in Colonel Lewis Dubois' regiment in General James Clinton's Brigade in the New York line under the following officers besides those just named. The company officers were the said Captain, Lieutenants Henry Dodge and Pembleton and Ensign Abraham Leggett. The major was Henry Dubois (brother of the Colonel). That this deponent enlisted as last aforesaid as a sergeant. That a fortnight after such last enlistment when the term of his said second enlistment had expired he repaired to Fort Montgomery where he joined his company. That he enlisted as last aforesaid for the term of three years, and served that term out and three months more. That during
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the first part of that period he acted as recruiting sergeant and obtained many recruits in New England and the State of New York. That he was present when Fort Montgomery was taken by the British under Sir Henry Clinton, when the Fort was commanded by General James Clinton. That this deponent after serving three years and three months under his said last enlistment received a regular written discharge. That he lost his first two discharges and his last discharge was burnt when this deponent's house and furniture were consumed by fire on the 27th day of March 1826. That this deponent cannot now recollect the exact dates of either of his enlistments. That the first two Summer [?] seen in 1776 and the last either in the spring or summer of 1777 and that the time of his actual service were seven months from his first enlistment nine months from his second enlistment and three years and three months from his last enlistment as aforesaid. 
He hereby relinquishes any claim 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.
[Signed] John Alben
 Sworn to and subscribed the day and year aforesaid }
Before me }
[Signed] Joseph R Huntting Clk

and the said Court do hereby declare their opinion that the above named applicant was a Revolutionary soldier and serves as he states.
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I Joseph R. Huntting Clerk of the Court of Common Pleas of the County of Suffolk in the State of New York do hereby certify that the forgoing contains the original proceedings of the said Court in the matter of the application of John Albin for a pension. 
In testimony whereof I have hereunto set my hand and seal of office this first day of January one thousand eight hundred and thirty three 
[Signed] Joseph R Huntting  Clk

Crosswise:
John Alben's declaration
23372
Rolls- Goodwin's Compy
John Alben - Sergt. 15 Mar '77
reduced 1 Aug '77
Must. [?] Sergt. Dec '77
" pri Aug 78
deserted 6 Oct 78
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70
23372
John Alben
New York

C. AU. [?]

E.B. Strong
Setauket Long Island
State of 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 determined, 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 John Alben 
Town of Huntington County of Suffolk State of N York

Period when the service was rendered | Duration of the claimant's service (Y-M-D) | Rank of the claimant | Names and rank of the Field officers under whom he served | Age at present, and place of abode when he entered service | Proof by which the declaration is supported.

Enlisted 1776 | 0-7-0 | privt. | Capt Roe, Col. Livingston | 81 years, town of Burklawn [?] State of N York | Traditionary Evidence and Living Witnesses, Papers not authenticated, No clergyman and no Colonel given in the 2d Tour
Enlisted 1776 |0 -9-0 | Rangers | Capt Delavan, no Colonel |
do 1777 | 3-3-0 | Sergt. | Capt Goodwin, Col. Dubois, Genl Clinton

I am, respectfully,
Your obedient servant,
J.L. Edwards,
Commissioner of Pensions.
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[Regulation attached to the previous page]
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 so 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 claim the benefit of this law as officers, non-commissioned officers, musicians or privates will [illegible] instance, make application by transmitting the following declaration, which will be made before a Court 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 ________ } 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 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. 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 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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[Continuation of the Regulations]
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70
REJECTED
John Alben
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New York
Act 7 June 1832 [?]
[Cannot make out the rest]
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NY Sept 2d
Retd. case

Crosswise:
Smithtown NY 29 Augt.
Free
John [sic] L. Edwards
Commissioner of Pensions
Washington
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Smithtown August 20th 1834 
at the request of John Albin I forward the enclosed papers which were returned for further proof. I perceive that the Justice has omitted to certify to the character & standing of the witnesses but am inclined to think that as the signatures of the Delivery are on file in the department it was of less consequence particularly as the Clerk of Westchester has given a Certificate which is annexed - I am personally acquainted with the old man & I believe that he was a Soldier of the revolution as he states. I would [illegible] that a search might be made of the return of Col Dubois & see if the old mans name is among them if so I presume it would be satisfactory 
Yours &c 
Charles A Floyd
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Sing Sing Sept 28 1832 
I certify that John Albion from Long Island Brookhaven and his Brother Johnathan listed Soldiers in Capt Delavans company of rangers and both Served as faithful Soldiers until Johnathan was taken Prisoner in East Chester together with thirty men many on both sides was killed and I at the same time was a commissioned officer of the same company and attended the next day to buriing [sic] the Dead and was informed by his Brother Johnathan after he was Exchanged that John had listed in the continental army for three years.
[Signed] Daniel Delavan
Last Ensign [illegible] 
in year of Mar 1776 last part {?]
I Do herby Certify that Daniel Delavan came before me and made oath in Due form of Law that he made the above Satificut [sic] and that the facts it Contains are Substantially True.  Mount Pleasant Westchester County State of New York May 3, 1834 
[Signed] Charles Yoe Justice of the Peace
North Salem Sept 24 AD 1832

I certify that at the time of a training & recruiting in this place in the year 1776 I perfectly recollect that John Albin enlisted in the Continental army 
[Signed] John Delavan 

State of New York 
Westchester County ss. 
On the 16th day of May 1834 personally appeared before me Anson Lobdell and Nathan D Ganong, and severally made oath in due form of Law that they were well acquainted with John Delavan late of North Salem deceased, that they believed the said John Delavan was a man of truth & veracity 
[Signed] Anson Lobdelle
[Signed] Nathan D Ganong
Sworn and subscribed the 18th day of May 1834  before me
[Signed] Epenetus Wallace Comr. of Deeds &c .
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I Nathaniel Bayles Clerk of the County of Westchester State of New York do certify that Charles Yoe Esqr before whom the foregoing affidavit of Daniel Delavan was sworn to & who whose name is subscribed to the Jurat thereto is a Justice of the Peace (and was such Justice on the date of said Jurat) in & for said County. Also that Epenetus Wallace whose name is also subscribed to the Jurat preceding was on the day of the date thereof a Commissioner of Deeds in and and for said County - and that I am well acquainted with the handwriting of said Justice and Commissioner and believe the signatures subscribed as theirs aforesaid are genuine 
In testimony whereof I have hereunto affixed the seal of said County and subscribed my name this 19th day of May 1834 
[SEAL]
[Signed] N Bayles Clk
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Justice Yoe has omitted his certificate of character to the affidavit of Gen. Delavan and it would be a great hardship for the old man (84 Years old) to travel 20 miles back to Sing Sing to obtain it - I suggest that it may be supplied by a number of certificates of his credibility now on file in the war department made by Esqr Yoe & others - or Gen Aaron Ward our Representative in Congress who is the old Soldiers friend would readily certify as to the character of his old Townsmen Gen Delavan if necessary.
I will also add that I am well acquainted with him and that his statements are entitled to full belief and credit 
May 19th 1834  
[Signed] N Bayles Clk 
Westchester County
[SEAL]