Revolutionary War Pension and Bounty Land Warrant Application File S. 15,004, Moses Brink, New Jersey
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(3-2776)
Service
New Jersey
Brink, Moses
Number: S. 15004

carded
Contents
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20.739
New =York
Moses Brink of Tioga Co. in the State of New York, who was a private in the Comp commanded by Captain Chambers of the Reg. commanded by Col. Martin in the [N. York - crossed out] New Jersey
line for Full Terms

[Hand written initials] AW June 22, 08

Inscribed on the Roll of New York at the rate of 80 Dollars --- Cents per annum to commence the 4th day of March, 1831.

Certificate of Pension issued the 28 day of Sept. 1833 --- and sent to  Wm Bacon   Candor

Arrears to the 4th of Sept 25 $200, Semi-anl. allowance ending 4 [?] 24 $40. = $240
Revolutionary Claim Act June 7, 1832
Recorded by Go C. Stiles Clerk
Book E Vol. 4, Page 48
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Declaration
In order to obtain the benefit of the Act of Congress passed February 29, 1832.
State of New York, County of Tioga on this 19th day of Nov. AD 1832 Personally appeared in open Court before the Judge of the Circuit Court in the county of Tioga now sitting Moses Brink a resident of Candor in the County of Tioga and State of New York aged 68 years who being first duly sworn according to law doth on his oath make the following declarations in order to obtain the benefit of the  Act of Congress passed June 7th AD 1832.

That he entered the service of the United States under the following named officers and served as herein stated thus on or about the first day of April 1778 he was enrolled in the Militia of the State of New Jersey in a Company commanded by Captain Abraham Chambers whose Lieutenant was Peter Van Owen; ensign forgotten whose Col. was Isaac Martin and Major John Cortwright and served as a private in said company till on or about the 1st day of April AD 1783 ^ and that he served five full years. That he lived in the town of Montague in the County of Sussex in the State of New Jersey at the time of his enrollment and during the period of his service; that the said county of Sussex was then a frontier county; and his said Regiment formed a guard for that frontier; that some one of his Company in regular rotation was under [?] continually day & night as [illegible] during the whole of the above time; that their own ammunition was found their by the States and also arms to those unable to furnish their own. The company did not decamp  but each soldier when not under arms resided at his own house, and was not clothed, fed or paid by government. Once during the above time he & the company were ordered to march to the South East part of the State and after marching half a day were countermanded & recessed to continue guarding their frontier. that the said Regt. was appointed by attachments from Orange County N.Y. and from over the mountains mostly from the said town of Montague. That with the execution of the above mentioned march, his military service was wholly  confined to the said town of Montague and the parts adjacent, that he never did any duty with any Continental Company, knew no Continental
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Officer, and was never in any battle. That he was informed and truly believes that he was born on the 10th day of March AD 1764, in the town of Montague aforementioned; that there is a record of his age in his father's writing in a family Psalm Book now in the possession of his brother's widow, that he resided in said town of Montague till about the year  1789 when he moved to Orange County NY. He lived there about 8 years then moved to the place of his nativity, lived there, about 2 years and then removed to the county of Tioga N.Y. where he now resides; that the annexed deposition of Solomon Cortwright is the best evidence that he can admit and that he never learned to write.

He hereby relinquishes any 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 this day & year first aforesaid. 
 Moses Brink. his X mark
Green M Tuttle
We Adolphus Colburn, residing in the town of Candor aforesaid and William Bacon residing in the same place hereby certify that we are well acquainted with Moses Brink who has sworn to the above declaration; that we believe him to be sixty eight years of age; that he is reputed and believed in the neighborhood where his is living to have been a soldier of the Revolution and that we concur in that opinion
  Adolphus Colburn, William Bacon 
 Sworn and subscribed the day and year aforesaid }  
 Green M Tuthill  Clerk
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 Adolphus Colburn who has signed the preceeding certificate is a resident in the town of Candor, and that William Bacon who has also signed the same are credible persons and residents of the said town of Condor, and that their statement is entitled to credit.
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I Green M Tuthill Clerk of the Court of Oyer and Terminer aforesaid do certify that the foregoing continuing the original proceedings of the Said Court in the Matter of the application of Moses Brink for a pension. In testimony whereof I have hereunto set my hand and seal of office this 19the day of Novr AD 1832. Green M. Tuthill.

Tioga County, State of New York 
On the 1st day of June AD 1833 before Samuel Baragar a Justice of the Peace in and for the Said County personally appeared Moses Brink of the town of Candor in said county who has sworn to and subscribed  the preceeding declaration and who now duly sworn according to law doth on his oath declare and say - that the Regiment in which he was embodied and served as mentioned in the foregoing declaration was called into and kept in service by the lawfully constituted authorities in the State of New Jersey - that the first part of the time he was in service he served in the field - that  about the third year of service or as near as he can remember in the Spring of 1780 they build a block house or fort in the aforesaid town of Montague and for the last two years he served in that garrison - That he never went out of said county of Sussex as a soldier except as above stated - That the said town of Montague was a frontier town - and that Col. Martin's Regiment was continually kept there to guard the inhabitants of that County - and was not at all times sufficient but received other aid from the adjacent parts - that they were frequently alarmed by the Indians and drove them over the Delaware River but never had any regular battle with them - that the Indians in the Spring of the year 1780 as near as he can remember
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and a short time before they built the aforesaid block house - crossed the Delaware and killed three men (near the place where said block house was erected) two by the name of Westbrook - and one by the name of Joseph Joles & that at the time he and his company drove them to the West side  of the River where the village of Milford in Pa now is - and that during the above named period of five years he was not engaged in any civil employment.
  Moses  X his mark Brink

Sworn to and Subscribed this 1st day of June 1833 before me.
Saml Baragar J.P.
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No. 19836

Moses Brink
Tioga Co. N. York

e

Admitted 
Private 2 years


Wm Bacon Agent
Candor N. York
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(5)

WAR DEPARTMENT,
Pension Office,
(blank) 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. These 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 Moses Brink, Tioga Co., N. York.

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.
Enrolled Militia 1778 ┃ 5 ┃ (blank) | (blank) | (blank) | Private | Cap. Chambers & Van Green | Col Martin, Maj. Cartwright | (blank) | Guarding frontiers | Aged 68, Sussex Co., New Jersey | Traditionary, Solomon Cartwright for 2 years. |

I am, respectfully your obedient servant,
J.L. EDWARDS,
Commissioner of Pensions.
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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. (illegible) 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 days 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 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 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 the 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 inquiry 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 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 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 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.
[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 in 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 that the periods mentioned below, and in the following grades: __ For ______ year ________ 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 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 was the 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.

(Illegible) 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 (illegible) 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:

The applicant will furnish particulars as far as practicable.
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15004
INVALID
File No. 15.004
Moses Brink
Priv Rev War

Act: June 7th 1832
Index: - Vol. 1, Page 48
[Arrangement of 1870]

(7)
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Moses Brink
 Decl
Answer to be given to
 Wm. Bacon
 Candor
Tioga County N.Y.
19836
Additional particulars
on third Page
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Caleb Nelson a Clergyman whose name is erased in the foregoing certificate & on whom the applicant relied was at court in the forenoon of the 19th of Novr 1832 but left the village before the applicant was ready to make his oath - and though a special messenger was sent after him could not be induced to return and no other clergyman could be obtained who knew the fact necessary to the certified; should it be necessary I would make oath to the above statement
  William Bacon
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state of New York
Tioga County} Ss  On this 27th day of Sept AD 1832 personally appeared before me Samuel Barragar one of the Justices of the Peace for said county, Solomon Cortwright of the town of Danby County of Tompkins ^ N.Y. who being duly sworn according to law doth depose and says that he is eighty years of age - that in the years 1781 & 1782 he lived in the town of Montague in the county of Sussex in the State of New Jersey, that while there, at the aforesaid time he was a sergeant in Capt Benjamin [Pinkindoll's?] company of Militia in Col. Isaac Watkins Regt. that while doing duty in said company he was well acquainted with Moses Brink, then of the town of Montague in the said county of Sussex, but now of the town of Candor county of Tioga and State of New York, that the said Brink was a private soldier in Col. Abraham Chambers Company in the aforesaid Martin's Regt. that he knows that the said Brink was on duty in the said Regt for the aforesaid two years (1781 & 1782) and f\often did duty with him & further Saith he cannot write his name -
  Solomon Cortwright  his mark
  Sworn to and subscribed before me the day first above written}  Saml. Baragar J.P.
 I certify that the above named Solomon Cortwright is a credible person
  Saml Baragar J P
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State of New York County of Tioga Ss:
I Green M. Tuthill Clerk of said County do certify that Samuel Baragar Esq before whom the preceding affidavit purports to have been Sworn and certificate given, was at the date of the same one of the Justices of the peace in & for said County, and that I am acquainted with his hand writing and hereby believe his name subscribed to the said affidavit and the certificate to be his proper hand writing & signature
 witness my hand & seal of office this 20th day of November 1832
 Green M Tuthill