Revolutionary War Pension and Bounty Land Warrant Application File S. 822, for Peter Kinney, New Jersey
Page 1

(3 - 1776)
SERVICE
New Jersey

Kinney, Peter

NUMBER
S. 822

carded

CONTENTS
Page 2

17352  17352

New Jersey

Peter Kinney of Somerset in the State of N. Jersey who was a private & Sergeant in the Comp. commanded by Captain Jones
of the Regt commanded by Col. _______ in the
N. Jersey line for 12 mo. sgt.
14 mos. pri.

Inscribed on the Roll of N. Jersey
at the rate of 100 Dollars 00 Cents per annum
to commence on the 4th day of March, 1831.

Certificate of Pension issued the 17 day of Aug
1832 and [illegible] J.F. Randolph
resent

Arrears to the 4th of [illegible] $200.00
Semi-anl. allowance ending 4th Sep.  $50.00
[total] $250.00

[Revolutionary Claim,
Act June 7, 1832 }
Recorded by Go. C. Stiles, Clerk
Book E, Vol. 3, Page 119
$100
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6366
Peter Kinney
Admitted 
Sergeant 12 mos.
Private 14 mos.

Hon. J. F. Randolph
Pension
Page 4

WAR DEPARTMENT.
Pension Office,
183
Sir.
The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in a tabular form. On comparing these papers with the following rules, and the subjoined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. the notes and the regulations will shew what is necessary to be done. Those points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus: }).
You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your
claim. 
A Statement, showing the service of Peter Kinney
Period when the service was rendered. [blank]
Duration of the claimant's service. [blank]
Years. [blank]
Months. [blank]
Days. [blank]
Names and rank of the Field officers
under whom he served. [blank]
Age at present, and place of abode
when he entered the service. [blank]
Proof by which the declaration is supported. [blank].
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 } 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)_____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 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
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alleged service, as they are known at the Department. A very full account of the services of each person 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 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 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 days, I served as a -. For - months and - days, I served as a___ ; and for such service I claim a pension."

[The next paragraph is marked with brackets { } and the first sentence underlined.  The words "the duration of each term of engagement, the particular place or places where the service was performed;" is underlined.]
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; places where the service was performed, that the applicant served with all 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 fix 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.
 [picture of a pointing finger] 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.
*[handwritten notation:  "There are 5 mo service declared for without sufficient proof furnished."]
Page 7

Peter Kinney
Certificate to
J. F. Randolph
N. Bruns[wick]
N.J.
Page 8

State of New Jersey
Somerset County     } ss:
On this fourteenth day of August in the
year of our Lord one thousand eight hundred
and thirty two personally appeared in open
court before the Judges of the Inferior Court of
Common Pleas in & for the County of Somerset now sitting being a Court of record, Peter Kinney a resident of the said County of Somerset & State aforesaid who being first duly sworn according to Law & being interrogated according to the instructions from the war department, doth on his oath make the following declaration in order to obtain the benefit of the act of Congress entitled "an act supplementary to an act for the relief of the surviving officers & soldiers of the
revolution" passed the 7th day of June 1832.
To wit
That he was born in the County of Somerset
State of New Jersey in the year 1755 and is
now in the seventy eighth year of his age. He
has a record of his age kept by his father. Previous to the revolutionary war he resided altogether in said County of Somerset and since the war has resided altogether in said county except for about one year when he lived in the adjoining County of Middlesex in said State -
That he entered the service of the United States in 1775 under Captain Pyatt as a private and volunteer and went to Long Island to
disarm the tories,-- after the declaration of
independence he served in the militia as a
volunteer in the company commanded by
Capt Peter Pumyea, Lieutenant John  Stryker
under Colonel Abraham Quick, his first
Page 9

tour under these officers was for a month
and during that time was at New York and
Elizabethtown -- He then returned home where he continued for a month & was again called out to Elizabethtown where he remained three weeks under Capt Morford & Colonel Frederich Frelinghuysen. His next tour of service was to Bergen and Communipaw [note: currently Jersey City] in the County of Bergen where he served for a mouth under Captain John Strycker who had succeeded Captain Pumyea in command-  His next tour of duty was at Elizabethtown again where he served a month or so, continued to serve nearly every other month till the end of the war. The latter part of his service was as a sergeant. In addition to the officers above mentioned he served under Captains William Jones & John Baird and Colonel Henry Van Dyke and Peter D. Vroom.
He was at the battles of Springfield in New
Jersey & Germantown in Pennsylvania. He
does not at this distant day recollect the
names of any of the officers of the regular army at the aforesaid battles except Capt.
V. Hand & General Heard at the battle of Springfield. The country through which he marched during his service lay between the points above mentioned: viz, Bergen, Elizabethtown, Springfield & Germantown. He further declares that he never served as a substitute but always in his own place, That he never missed a tour when he was called out and that he served in the whole during the revolutionary war at different periods at least
two years, He never received any written
discharge from the service, nor has he any
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documentary evidence of his service, &
he knows of no person whose evidence he
can procure to prove his service except 
Major John Baird who is still living and can
attest to part of his service as stated in this
declaration.
And he further declares that he is personally well known to John L. Zabriskie, a clergyman
and Christopher Van Arsdalen, Esq both of whom reside in said County of Somerset and can testify to his character for veracity & their belief of his services as a soldier of the revolution - And he hereby relinquishes every
claim whatever to a pension or annuity
except the present & declares that his name
is not on the pension roll of the agency of
any State.
[signed] Peter Kinney
Sworn to and subscribed
in open court the day and year
first above written
Wm. B. Gaston

State of New Jersey
Somerset County  }  ss:
I John Baird residing
in the County of Somerset & State of New Jersey do hereby certify that I am well
acquainted with Peter Kinney the foregoing applicant & believe him to be of the
age he represents in his said declaration
And I further certify that I know him
to be a soldier of the revolution, that at 
one period of the war he served as a sergeant in the company commanded by me - And I further certify that I believe him to be a man of veracity & that the statement made in his said declaration
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is entitled to full credit-
[signed] John Baird
Sworn & subscribed
in open court the day & year aforesaid
Wm. B. Gaston

New Jersey
Somerset County  } ss:
We John L. Zebriskie, a clergyman
residing in the County and State aforesaid and Christopher Van Arsdalen, also residing
in said County & State do hereby certify
that we are well acquainted with Peter
Kinney who has subscribed & sworn to the
above declaration. That we believe him
to be of the age of seventy eight years or
thereabouts. That he is reputed and believed in the neighbourhood where he resides to have been a soldier of the revolution & that we concur in that opinion.
[signed] John L. Zebriskie
[signed] Christo'r V. Arsdalen
Sworn & Subscribed
in open court the day year aforesaid
Wm. B. Gaston

and the said 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 and served as he states - And the Court further certifies that it appears to them that John L. Zebriskie who has signed the preceding certificate is a clergyman resident in said County of Somerset that Chris'r Van Arsdalen who has also signed the same is a resident of said County
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and is a credible person & that their statement is entitled to credit
[signed] Wm. B. Gaston
[signed] W. Z. Carver
[signed] Squire Terell
August 14th 1832

I John M. Mann Clerk of the Inferior
Court of Common Pleas in and for the County
of Somerset do hereby certify that the
forgoing contains the original proceedings
of the said court in the matter of the application of Peter Kinney for a pension
In Testimony whereof I have
hereunto set my hand and
affixed the seal of said court
this sixteenth day of August in
the year of our Lord one thousand eight hundred and thirty two
J. M. Mann

The said court hereby certifies that John Baird, the Witness above named is a person of credibility
June Term 1833
William Bursen
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Supplementary affidavit of Peter Kinney 

Personally appeared before me the undersigned Justice of the Peace in & for the County of Somerset & State of New Jersey Peter Kinney, who being duly sworn on his oath deposeth & saith that by reason of old age & consequent lapse 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 one month in
December 1775 or January 1776 as a private
soldier under Captain John Pyatt on Long
Island - For two months in June or July
1776 as a private at Elizabethtown and
New York, While at Elizabethtown during this tour, the Declaration of Independence was proclaimed. This tour was under Colonel Quick, Capt Pumyea & Lieutenant John Stryker. Since making his original declaration he has ascertained to a certainty that this tour consisted of two months instead of one - for the period of one month in Sept 1776 at
Elizabethtown under Captain Marford &
Col. (afterwards General) Frelinghuysen & for another month in Nov. 1776 at Bergen &
Communipaw [note: now Jersey City] under Captain John Stryker who succeeded Capt. Pumyea - For six months in the year 1777,
to wit:  January, March, May, July, 
September & November at Greggstown
Page 14

Elizabethtown, Newark, Bergen, Acquackanock [note: currently Passaic] under Captains Jones, Ten Eyck, Folkerson & Baird & part of the time under Colonel Chamberlain.  For six months
in the year 1778, viz: January, June, July,
September, November & December at the
places and under the same officers.  
For the period of five months in the
year 1779 but cannot designate the
months, thinks it was every other month
commencing with January of that
year & generally under some one of
the officers above named and at the places
as above specified.  For the period of four
months in the year 1780 commencing
on the first of June & continuing for three
months in succession, under Capt Jones -
during this tour the battle of Springfield
of Springfield took place when he was
present. And for one month in November of the same year at Elizabethtown, making in the whole twenty six months of actual service, nine months of which he served as a sergeant & the remainder as a private - and for this service he
claims a pension. Besides the above he was often out on alarms for a few days & sometimes for a week or two which is not taken in the above estimate.
[signed] Peter Kinney
Sworn & subscribed before
me this 19th day of June 1883
William Bursen
Page 15

I, John M. Mann Clerk of the Inferior
court of Common Pleas in & for the County
of Somerset in New Jersey do hereby
certify that the above contains as well
the original proceedings had before said
court as the supplementary proceedings
had before William Bursen in the matter
of the application of Peter Kinney for a
pension - And I further certify that said
Wm Bursen before whom said supplementary proceedings were had is a Justice of
the peace of said County duly commissioned &
sworn into office & that his name subscribed to the same is in his own proper
hand writing - In testimony whereof I
have hereunto set my hand and
affixed the seal of said Court
this 20th day of June A.D. 1883
J.M. Mann
Page 16

Mch-2-1900
Mrs. Mary J. Barnes
Hotel "La Fatra" City

INVALID

Rev War

File No.  8221
Peter Kinney
Priv. N. J. Line

Act. June 7, 1832
Index: - Vol. A, Page 206
[Arrangement of 1870.]
Page 17

6366
Peter Kinney
fifth day of August Eighteen hundred and
thirty three
J.M. Mann
Page 18

Second Supplementary Affidavit of Peter Kinney

Personally appeared before me the undersigned a Justice of the Peace in and for the County of Somerset and State of New Jersey Peter Kinney named in the foregoing application, who being duly sworn on his oath deposeth and saith that by reason of old
age and 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 one month in December 1775 or January 1776 as a private soldier under Capt. John Pyatt on Long Island - For two months in June and July 1776, as a private at Eliz. Town, under Capt Pumyea and Lieut. John Stryker -  For one
month in Sept 1776 at Eliz. Town under Capt. Morford and Col. Freilinghuysen - For one month in Nov. 1776 at Bergen and Communipaw [note: currently Jersey City]
under Capt John Stryker, who succeeded Capt. Pumyea - for six months in 1777, in six tours of one month each, viz: one month in January under Capt Jones at Griggstown, two months in March and May at Eliz. Town under Capt. Fulkerson as he now believes, and three
months in July, Sept and Nov'r at Newark, Bergen and Acquackanock [currently Passaic]
under Capt Baird - these last three months was as a sergeant. For six months in 1778, viz: for three months, in January, June and July under
Capt. Jones, on the lines between Eliz. Town and Paulus Hook [note: currently Jersey City] in
protecting that portion of the State and for three months, in Sept, Nov'r and Dec'r
under Capt Jacob Ten Eyck along the same lines and in the same service. During the whole of these six months he served as a Sergeant. For five months in 1779, as a private, viz: three tours of a month each under Capt Jones and Capt Ten Eyck - and two tours of a month
each under Capt Fulkerson and Jones, as nearly as he can recollect, and all the time as he well remembers along the lines heretofore mentioned, and from Eliz. Town running down to Perth Amboy. For four months in
1780, viz: one tour of three months in succession under Capt Jones, on the lines as aforesaid, and extending also to Springfield, where he was during the battle at that place, and one tour of one month under Capt. Ten Eyck at Eliz. Town making in the whole twenty six months of actual and hard service, nine of which was as Sergeant, and seventeen as a private - Besides which he was often out on alarms and performed extra
Page 19

service to a considerable amount, for all of which he claims a pension.
[signed] Peter Kinney
Sworn and subscribed before me
this thirteenth day of July, 1833
John Terhune
Justice of the Peace
in & for the said County of Somerset

State of New Jersey
Somerset County } ss:
I John M Mann Clerk of the Inferior
Court of Common Pleas in and for said
County do hereby certify that John Terhune
before whom the foregoing affidavit was made
and whose proper signature is thereto subscribed was at the time of the date thereof
and now is a Justice of the peace in and for said County in full commission &.
In Witness whereof I have hereunto set my hand and affixed the seal of said Court the fifth day of August Eighteen hundred and thirty three.
J.M. Mann