Revolutionary War Pension and Bounty Land Warrant Application File R. 1174, John Breese, Penn.
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(S-1776)

SERVICE NUMBER
Penn. Breese, John R. 1174

CONTENTS
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John Breese
A. Cook {illegible} Atty
Cooperstown N. Y.
16008

{the following written at 90 degrees to above}
In witness whereof I have hereunto set my hand & Seal of office this 9th day of October in the year 1832
Thomas Lathrop, Clerk
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State of New York
Otsego County ss:
On this 16th day of October in the year of our Lord one thousand and eight hundred and thirty three personally affiant in open court before the Court of Common Pleas sworn {illegible} at the Court house in the Village of Cooperstown within and for the county of Otsego of {illegible} John Breese a resident of the Town of Milford in the county of Otsego in the State of New York aged 83 years on the 16th day of September last past who being first duly sworn according to law doth on his oath make the following declaration in order to obtain the benefit of the provisions of the act of congress passed June 7 - 1832 That he Served as a teamster attached to the army for the term of three years from the Month of October 1776 - under the following circumstances
In the Month of October in the year 1776 - he resided in Lower Dublin about 12 miles from Philadelphia and at that time went to Philadelphia and enlisted himself and a team of horses & waggon in the Team Service for the Term of two years  And in a few days started from Philadelphia in company with Nicholas Hems and Stephen Van Darin teamsters (who are now dead) with a load of boxes containing clothing for the army and went near Charlestown in South Carolina and then left his load and then returned to Philadelphia.  And then took a load for the army and carried it to a {illegal} on the North River called New {illegible} and then returned and took two loads of things for the army from Philadelphia to New {illegible} an the North {illegible} and
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then return to Philadelphia and was continually engaged in different Team Service for the army till the Summer of 1777 - when he was attached to the company of Ammunition waggons and went with the army under Washington to SK {Schuylkill?} River and from thence to the Brandywine and was there during the Battle at that place and then retreated with the army to the West Side of the Schoolkill River opposite the city of Philadelphia:  The British army under Gen. Horne took possession of Philadelphia at this time.  Then went with the army to Valley Forge and then went in to Winter quarters there.  And remained at Valley Forge with the army till after next season when the British left Philadelphia then went to the city and remain there for greater part of the Summer and was {illegible} in training for the army for the whole Season - And reportedly served out his term of two years and was discharged in the month of October 1778.
In November 1778 - he had his wagon & horses affixed and sold them to the General Waggon Master at Philadelphia - and again enlisted at this time in the Team Service for an year and drove the Same team he had sold - And remained in the Services drawing provisions for the army during this year.  during this year he went in to New Jersey with provisions for the army and served out his term of enlistment and was regularly discharged at Philadelphia in the month of November 1779 -
That he knows of no person at {illegible} by whom he can {illegible} from the above Service or any
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part of it and that he has no documentary evidence of his service. that his discharge was destroyed - by getting out when fording a River.
And he hereby relinquishes every claim whatever to a pension or annuity except the {illegible} and he declares that his name is not on the pension Roll of any agency of any State.
Sworn to Subscribed the day & year aforesaid in open court}

He was born in Bensalem Bucks Co. Pennsylvania on the 16th Sept. in the year 1750 - has a record of his age which his Parents furnished him which is now in possession of his son David in Milford N. Y. he lived in Bucks Co. till he was about 40 years of age & then remand to the County of Otsego in N. Y. where he has since resided. 

He refers to Mango Briges Capt {illegible} Gen Louis Stewart & {illegible} Walworth & Sayre as to his good character.
John Breese {X is his mark}
Subscribed in open Court the 16th October 1832.
Horace Lathrop. clerk

We William Barnard residing in the Town of Milford in the County of Otsego & State of New York and Barnabas Bates residing Milford in said County & State hereby certify that we are acquainted with John Breese who has subscribed and sworn to the above declaration that we believe him to be 83 years of age that he is reputed and believed in the neighbourhood
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where he resides to have been a Soldier of the revolution & that we concur in that opinion 
William Barnard
Barnabas Bates
Sworn and Subscribed the day and year aforesaid 
Horace Lathrop. Clerk.

And the court do hereby declare their opinion after the investigation of the matter & after putting the interrogatories prescribed by the war department that the above named applicant was a revolutionary Soldier & Served as he States.  And the court further certify that it appears to them that William Barnard & Barnabas Bates are residents in the town of Milford in the county of Otsego in said State and are credible persons & entitled to credit
J. O. Moss
E Foote } Judges
Seth Chase

I Horace Lathrop clerk of the court of Common Pleas in & for the county of Otsego do hereby certify that the foregoing contained the original proceedings in the matter of the application of John Breese for a pension

In witness whereof I have hereunto Set my hand & Seal of office this 19th day of October in the year 1832
Horace Lathrop. Clerk.

{the following is written at 90 degrees to above}
John Breese
A. Cook {illegible} Atty
Cooperstown N. Y.
16008
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Otsego County,
State of New York ss.
Lo  Arad. Joy. of ovid N. Y.
We the the undersigned, the only surviving children of John Breese deceased do hereby constitute and appoint you/our true and lawful agent and attorney for us in our names, to examine all records and papers in the office of Commissioner of Pensions or else when for the purpose to establish our claims, for a pension due us as the heirs at law of Said John Breese who was a Soldier in the war of the Revolution, and we do hereby ratify all that you may lawfully do in the {illegible} in prosecuting said claims to the completion thereof.
Susannah Mcentyre {X is her mark}
Elizabeth Breese {X is her mark}
In witness whereof we have hereunto set our hands and Seals this 28 day of February 1854
Witness George P. Wellman
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No 16008
John Breese N Y
Teamster with
his own waggon
A. Cook Junr agent
Cooperstown
New York
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[typed printed  form letter:]

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 show 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 on your claim.
_______________________________________

A Statement, showing the Service of [handwritten:] John Breese, of Otsega Co. New York 
______________________________________
[Columns:]
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.
__________________________________________
[Handwritten:]
Enlisted 1776 | 2 | [Blank] | [blank] | Teamster with his Horses & Waggon _____ Hauling ClothsRac for the Armey _______ attached to Ammunition Waggon | [blank] | Genl Washington | [blank] | From Philadelphia to South Carolina Near Charleston _______returned to Philadelphia _____[illegible] or North River _____To Elk River "Brandywine _____ To Valley Forge ____ To New Jersey | Lower Witton Near Philadelphia Aged 83 | Traditionary

Enlisted 1778 | 1 | [blank] | [blank} | Teamster to one of the waggons. belonging to the Army

[typed form:]  
I am,  respectfully,
Your obedient servant,
J. L. EDWARDS,
 Commissioner of Pensions. 

[handwritten:] H sold his waggon to the the Genl. waggon master
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[A page of regulations; breaks added for clarity of transcription.]

2 [Centered, the page #]

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 } ss.
County of                                }

On this [space] day of [space] personally appeared (a) before [space] A B. a resident (b) of [space] in the county of [space] and State, Territory or District of [space] aged (c) [space] 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) [space], with [space] and served in the [space] (e) regiment of the [space] 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. [A stylized hand pointing to the following] 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 [space]

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 [space] of the Court of [space] do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of [space] for a pension.

In testimony whereof, I have hereunto set my hand and seal of office (i) this [space] day of [space] &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 [space] and C. D. residing in (the same) hereby certify, that we are well acquainted with [space], who has subscribed and sworn to the above declaration; that we believe him to be [space] 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 [space] and that C. D., who has also signed the same is a resident in the [space] and is a credible person, and that their statement is entitled to credit.

I, [space] Clerk of the Court of [space] do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of [space] for a pension.

In testimony whereof, I have hereunto set my hand and seal of office, this [space] day of [space] & 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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[A printed page of regulations.  Breaks added for clarity of transcription]

3 [Centered, the page #]

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 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 be
fore 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 [rest of line illegible due to crease in page] 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.

-- [Footnotes below; brackets in the original] -- 

  [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.
  [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 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: [space] For [space] year [space] months, and [space] days, I served as a [space]; 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 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.
  [k] The Clerk must give his certificate in every case.
  [l] 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 not 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.  [Centered]

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. [Centered] 

  [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 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.

[A stylized hand pointing to the following] 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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John Breese
---
Act 7th June 1832
New York
---
Rejected, See letter
---
To A. Cook June
May 16th 1833
and Lvy June 9 1854
1174
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[Postal Mark]
OVID N.Y.
Jun 6

John Breese
NY Sus 32
deole

FREE

Hon. L.P. Waldo
Coms. of Pensions
Washington DC
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1744
REJECTED

P.O. John Breese
Service: ___

Enlisted; ___, 18 .
Discharged: ___, 18 .
The printed list of 1852 shows reasons for rejection
Application filled: "His service was a teamster".

Alleges: ____
Re-enlisted: ____
Attorney: ____
P.O. ____
_____ Recognized.   _______ Contract.
______ Cert. of Dis. Searched for ____, 18 .
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Ovid N.Y. June 6, 1854
Sir
I enclose power of Attorney in the John Breese case.
I find his name on the list of rejected claims.
All I ask for is, a copy of his alleged service
much oblige
Most respectfully
Your Obd Servt
Arad Joy

Hon L. P. Waldo
Com
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THE NATIONAL ARCHIVES
Form VAM-51
12 - 5 - 41
Division of Veterans' Administration Archives
BOUNTY LAND WARRANT RECORD CARD*

Name Breese, Timothy
GRADE Private LINE New Jersey

WARRANT NUMBER 8116
ACREAGE 100 
ISSUE February 10, 1796 to not shown-
____
The information concerning the issuance of warrants carded on this form is found in volumes 2 to 4 of ""Land Warrants Issued Prior to 1800"" which are
registers of bounty land warrants issued to non-commissioned officers and privates under congressional resolutions of September 16, 1776, and subsequent
dates. Other records relative to the applications for warrants appear to have been destroyed in the War Department fire of November 9, 1800.
Information concerning warrants surrendered to the Federal Government is to be found in General Land Office records in The National Archives