Revolutionary War Pension and Bounty Land Warrant Application File S. 10989, for Gilbert James Livingston, New York
Page 1

(3-1776)                         

Service
New York

Livingston, Gilbert James

Number S. 10989

Carded

Contents
Page 2

State of New York
City and County of Albany} ss
Jerome B. Holgate being duly sworn according to law deposeth that he has been engaged procuring materials from the best known authorities and has published the same in due form, a genealogical history of some twenty three including those bearing the same name of the early and principal families of the United States among which is that of Livingston. That in his researches for the last seven or eight years in which he has been engaged in this work, he has discovered and in said work there appears but one by the name of Gilbert Livingston whose name contains the middle letter "J" which is printed in said work in full viz "James" which by reason of the fact that he has discovered
Page 3

discovered no other he believes to be the only one either during or since the revolution whose name contains this letter "J". And further that it appears the following were and are the children of the said Gilbert J. Livingston vix:
James, married Alida Aursin
Richard Lewis deceased 9 1794 (crossed out) 
John Moore deceased 2 1793 (crossed out)
Judith m. Samuel Butler
Franklin
Philip Cortlandt
Charles
Maria m. William Hollister 
Robert deceased
Cornelia mar. Orwell Dibble
mentioned on page 180 of said work
Subscribed and sworn to 
before me this 14th day
of March 1851. 
S.L. Manning 
Court of Pleas

J.B. Holgate
Page 4

I certify that I have examined the work referred to by Mr. Holgate from which and by general report, I verily believe him to be a person of good character and standing and is the author of said work. And I have no doubt as to his statement set forth in the foregoing affidavit. 
S.L. Manning
Court of Pleas

State of New York
City and County of Albany, Clerk's Office}ss. 
I, Robert S. Lay, Clerk of the said City and County, do hereby Certify that S.L. Manning, whose name is subscribed to the Certificate of Proof or Acknowledgement of the annexed instrument in writing, and endorsed thereon, was, at the time of taking such Proof or Acknowledgment a Commissioner of Deeds in and for the County aforesaid, dwelling in the said County, and duly authorized to take the same: And that I am well acquainted with the hand writing of the said Manning and verily believe that the signature to the said Certificate of Proof or Acknowledgement is genuine, and that the said instrument is executed and acknowledged according to the Laws of the State of New York. 
In Testimony Whereof, I have hereunto set my hand, and affixed my official seal, this 24th day of May 1857. 
R.S. Lay Clerk
Page 5

20.456
New York A 
Gilbert J. Livingston
of  in the State of  
who was a Lieutenant in the   commanded 
by Captain Captain of the   commanded by 
   in the Revolution line for 
Increased from $320.00

Inscribed on the Roll of Albany
at the rate of 446 Dollars 66 2/3 cents per annum 
to commence on the 4th day of March 1831 and end April 7th 1833

Certificate of Pension issued the 1st day of
October 1853 and sent to 
F.F.C . Triplett

Arrears to the 4th of 
Semi-annual allowance ending
Present 

Revolutionary Claim
Act June 7, 1832

Recorded by G.T. Getty Clerk,
Book H  Vol 1  Page 195
Page 6

This is the additional evidence required in this case. Please respond to 

F.F.C. Triplett
Sep 19 1855
Page 7

State of New York
County of Rennselaer} ss
Nancy L. Deforest of Greenbush in said County being first duly sworn according to law deposeth that Gilbert J. Livingston a pensioner of the United States died in the County of Oneida and state aforesaid on the seventh day of April in the year one thousand eight hundred and thirty three and at the time of his death left no widow. And that the following are the only children of the said Livingston that are now living viz. Judith Butler, Cornelia Dibble, Franklin Livingston, and Charles Livingston. And each of these are over twenty one years of age. 
Subscribed and Sworn to before me
this 10th day of May 1855
Henry Goodrich Justice of the Peace

Nancy L. DeForest

I certify that Nancy L. DeForest is a credible and competent witness and her statement is entitled to full faith and credit. And that the name "Maria Hollister" erased before execution.
Henry Goodrich Justice of the Peace
Page 8

State of New York 
Rensselaer County Clerk's Office} ss. 
I, Ambrose H. Sheldon, Clerk of said County, do hereby certify that Henry Goodrich before whom the annexed affidavit was made, and whose name is thereto subscribed, was at the day of the date thereof, a Justice of the Peace, in and for said County, duly commissioned and sworn, and that his signature thereto subscribed is genuine. 
In testimony whereof, I have hereunto subscribed my name and affixed the seal of said County this 14th day of July A.D. 1855.
A.H. Sheldon, Clerk
Page 9

State of New York 
County of Albany }ss
P.V.R. Livingston age forty five years a resident of the city of Schenectady and State aforesaid who being first duly sworn according to law deposeth that Gilbert J. Livingston a pensioner of the United States died in Oneida County N.Y. on the seventh day of April in the year one thousand eight hundred and thirty three and at the time of his death left no widow. And that the following are the only children of the said Livingston that are now living viz Judith Butler, Cornelia Dibble, Franklin Livingston and Charles Livingston. And that each of them are over twenty one years of age. 
Subscribed and sworn to before
me this 11th day of April 1855
The name "Maria Hollister" erased before execution. 
James B. Sanders
Comm Deeds

Phillip V.R. Livingston 

I certify that P.V.R. Livingston is personally known to me and that he is a credible and competent witness and his statement entitled to full faith and credit.
James B. Sanders
Comm of Deeds

State of New York
City and County of Albany, Clerks Office} ss
I, Robert Harper, Clerk of the said City and County, and of the Court of Record therein, do hereby certify that James B. Sanders, whose name is subscribed to the jurat of the annexed affidavit, was, on the day of the date thereof, a Commissioner of Deeds, in and for the City of Albany, duly authorized to administer oaths for general purposes; and that I am well acquainted with the hand writing of the said Commissioner, and verily believe that the signature to the said jurat is genuine. 
In testimony whereof, I have hereunto set my hand and annexed my official seal, this 14 day of July 1855
R. Harper Clerk
Page 10

City and County of Albany
Justices Court}ss
On this 10th day of September 1855 it was proved by the testimony of Phillip V.R. Livingston of Schenectady, NY and Nancy L. Deforest of Bath NY hereto annexed which testimony is satisfactory to said Court the same being a court of record, that Gilbert J. Livingston a pensioner of the United States died in the County of Oneida and State of New York on the seventh day of April in the year one thousand eight hundred and thirty three and at the time of his death left no widow. And that the following are the only children of the said Livingston that are now living  viz Judith Butler, Cornelia Dibble, Franklin Livingston and Charles Livingston and each of them are over twenty one years of age. In testimony wherof I have hereunto subscribed my name and affixed the official seal of said court the day and year first above written. 
H.P. Nugent
Clerk
Page 11

State of New York 
County of Albany} ss
On the 17th day of May 1852 before the subscriber a Commissioner of Deeds in and for said county personally appeared James Livingston who being first duly sworn according to law doth on his oath make the following declaration in order to obtain the increase of pension which he is informed and believes was due his father Gilbert J. Livingston deceased, under the Act of Congress passed June 7th 1832. That he is one of the children of Gilbert J. Livingston deceased, late a pensioner of the United States and at the time of his death a resident of the County of Oneida and State aforesaid. That the said Gilbert J. Livingston was a Lieutenant and Captain in the War of the Revolution and served first as Lieutenant in the New York Line and afterwards as a Captain in the New York Militia. Declarant saith he has been informed that no allusion was made by his father aforesaid in his application for a pension to the services as Captain, if so, the only reason this Declarant can give for his omission is either that his father or his Agent could not have authenticated any benefit there from, or it was a mere oversight on the part of both. Declarant saith he has no doubt in his mind from what he has heard his father say, as well as from other circumstances that his father performed services as Captain in the New York Militia in addition to his service as Lieutenant in the Line and he therefore makes this claim with perfect confidence as to the truth of the foregoing statement. 
Subscribed and sworn to before me
this 17th day of May 1852
L Jenkins Court of Deeds

James Livingston 

I certify this James Livingston is the identical person above named and described
L. Jenkins
Com of Deeds
Page 12

State of New York
City and County of Albany, Clerk's Office} ss.
I, Robert S. Lay, Clerk of the said City and County, do hereby certify that L. Jenkins, whose name is subscribed to the Certificate of Proof or Acknowledgment of the annexed instrument in writing, and endorsed thereon, was at the time of taking such Proof or Acknowledgment, a Commissioner of Deeds in and for the County aforesaid, dwelling in said County, and duly authorized to take the same: And that I am well acquainted with the hand writing of the said Jenkins and verily believe that the signature to the said Certificate of Proof or Acknowledgment is genuine, and that the said instrument is executed and acknowledged according to the Laws of the State of New York. 
In testimony whereof, I have hereunto set my hand, and affixed my official seal, this 24th day of May 1852
R.S. Lay Clerk 

Gilbert J. Livingston
Rec'd - NY
County of Albany


Wm Valentine
Albany NY
Page 13

Gilbert J. Livingston
Officer
Clintons's Regt
New York Line
Admitted
Not on the roll (crossed out)
N York 3 July 1818
Look at the roll of
Col. VanCortlandt's 
Regiment N York
line. It is beyond
all doubt that Mr.
Livingston establishes
his right to a pension
no proof can me clearer
but if more witnesses be
necessary he can procure
them. R Riker
Page 14

Printed by E. Conrad, Frankfort-street

State of New York, ss.
To the Hon. Richard Riker
Recorder of the City of New York, and one of the Judges of the Court of Common Pleas, called the Mayor's Court of the City of New York, which is a Court of Record in the State of New York. 

The Declaration under Oath of Gilbert J. Livingston formerly an officer engaged in the Service of the United States during the Revolutionary War, now a Citizen of the United States an resident of the Given State of County of New York, respectfully showeth
That the said Gilbert J. Livingston received a commission sometime in the month of September 1776 as an Ensign in Captain Swartoul's Company in Col. James Clinton's Regiment from the State of New York and on the 21 day of November 1776 I received a Commission as a Second Lieutenant in Capt. Barrent Teneyck's Company in the 2nd  New York Regiment on the Continental Establishment commanded by Col. Phillip Van Courtland and actually continued in service of my Country against the common enemy untill the 5th day of April 1780 at which time I received an honorable discharge by His Excellency General Washington on account of an ill state of health which will appear more fully by a Certificate from Col. Phillip Van Courtland which is hereunto annexed. I was in the action at Monmouth State of New Jersey 28th June 1778. My commission into the hands of Theodus Baley Esq. about the year 1795 then a member of Congress from the State of New York for services rendered which said commission cannot now be found. I am now about 59 years of age. 

And the declaration further sheweth, that the said Gilbert J. Livingston is now a citizen of the United States resides in the given county in the State of New York, and is by reason of his reduced circumstances in life, in need of assistance from his country for support

Therefore the said Gilbert J. Livingston conceives himself entitled to the benefit of the Act of Congress in the United States entitled "An Act to provide for certain persons engaged in the Land and Naval Service of the United States in the Revolutionary War" approved 18th March 1818, and requests your Honor will examine into the truth of the matter aforesaid, certify and transmit
Page 15

the testimony in the case, and the proceedings had thereon, to the Honorable the Secretary of the Department of War, to the end that such relief may be had in the premises, as is by law in such case made and provided. And in support of the facts above set forth, the said Gilbert J. Livingston refers to Col. Philip Van Courtland I was an officer in his Regiment. 

City and County of New York ss. Gilbert J. Livingston of the County given and State of New York, being duly sworn, saith, that the matters by him set forth in the foregoing Declaration, are in all respects just and true. 
Sworn before me this Twenty seventh
day of April 1818
R Riker

Gilbert J. Livingston

R Riker Recorder of the City of New York

City and County of New York, ss. Theodorus Bailey of the City of New York in the State -
of New York - being sworn, saith that he is well acquainted with Gilbert J. Livingston above named and that he has a knowledge and recollection of most of the facts set forth in the foregoing declaration of the said Gilbert J. Livingston especially that which relates to his commission and this deponent verily believes that all the said parts are true as stated therein. 
Sworn before me this 28 
day of April 1818
R Riker

Theodorus Bailey
Page 16

City and State of New York, ss.
Be it remembered, that on this Twenty seventh day of April in the year of our Lord one thousand eight hundred and eighteen before me Richard Riker Recorder of the City of New York, and one of the Judges of the Court of Common Pleas, called the Mayor's Court of the City of New York, which is a Court of Record, personally appeared the aforesaid Gilbert  J. Livingston
who being by me duly sworn to the truth of the facts stated in the foregoing Declaration and to the oath of Genl. Theodorus Bailey and the Certificate of Genl. Van Cortland and Major Js Fairlie 
Whereupon I being satisfied that the said Gilbert J. Livingston did serve in the service of the United States under the Continental Establishment in the Revolutionary War, against the common enemy, for the term of nine months and longer, to wit: for the term and the manner stated in the Declaration of the said applicant; and that the said applicant is fairly and justly entitled to the benefit of the Act aforesaid. Therefore I do hereby certify and transmit the testimony in the case, and the proceedings had thereon, as before set forth, to the Honorable the Secretary of the Department of War.
Given under my Hand and Seal of the said Court, in the city of New York, this Twenty Seventh day of April in the Year of our Lord one thousand eight hundred and eighteen. 
R Riker
I do further certify that the depositions of Nicholas Fish and James Fairlie are satisfactory to me and full credit is due to the same. 
R Riker
N York 4 Aug
1818
Page 17

Gilbert J. Livingston
(2285)

(Sept 1818)

Continue
Page 18

State of New York
Greene County ss} On this Thirtieth day of May in the year one thousand eight hundred and twenty personally appeared in open court being a court of Record also the Common Pleas court for the said County of Greene, Gilbert J. Livingston, aged sixty one, resident of the Town of Catskill in the said county of Greene, who being first duly sworn according to Law, doth on his oath declare that he served in the Revolutionary war, as follows. In Captain Barrent Ten Eyck's company and Colonel Van Cortlandt's Regiment of the second New York line of the continental troops, that the original Declaration of the said Gilbert J. Livingston for the benefit of the act entitled an act to provide for certain persons engaged in the land and naval services of the United States in the Revolutionary War passed on the 18th day of March 1818 bears date the twenty seventh day of April 1818 to the best of his knowledge and belief and is inscribed on the pension list Roll of the New York agency, by certificate number 2215. And I do solemnly swear that I was a resident citizen of the United States on the 18th day of March 1818 and that I have not since that time by gist, sale or in any manner disposed of my property or any part thererof with intent thereby so to diminish it as to being myself within the provisions of an act of Congress entitled "An act to provide for certain persons engaged in the land and naval service of the United States in the Revolutionary War" passed on the eighteenth day of March 1818. And that I have not nor has any person in trust for me any property or necessities, contracts, of debts due to me, nor have I any income other than what is contained in the schedule hereto annexed by me subscribed. 
I have no property either real or personal except my necessary wearing apparel. 
Gilbert J. Livingston
Page 19

I am by occupation a Teacher of common schools my -ity is to pursue that employment is impaired to as to render me unable to pursue it for the want of good eye sight and I have no family, and further that I am much afflicted with Rheumatism, and thereby rendered unable to labor for my support, Gilbert J. Livingston
Sworn and declared this 30th day of May 1820
in open court before me
Wm Van Bergen Clk 

The court are satisfied that the pensioner has no property, other than his wearing apparel
Moses J. Captine 
Benj. Hartun
Thos. C. Barker

State of New York
Greene County ss} I William Van Bergen Clerk if the Court of Common Pleas of the said County of Greene and State of New York, do hereby certify that the foregoing oath and the schedule thereto annexed, are truly copied from the Record of the said court, that the pensioner has no property other than his wearing apparel. In testimony whereof, I have hereunto set my hand and affixed the seal of the said Court on this 30th Day of May 1820.

Wm Van Bergen
Page 20

20-456
New York City
Gilbert J. Livingston
of N York in the State of N York
who was a Lieutenant in the Comp commanded
by Captain Swartwont of the Regt commanded 
by Col. Clinton in the N. York 
line for 2 years
{To be dropt from roll Act Mar 18 1818} 

Inscribed on the Roll of N York
at the rate of 320 Dollars - cents per annum 
to commence on the 4th day of March 1831 

Certificate of Pension issued the 12 day of Sept
1823 and sent to B.P. Johnson 
Rome 

Arrears to the 4th Sept '33 $640
Semi-anl allowance ending March '34 $160
$960

Revolutionary Claim, 
Act June 7, 1832

Recorded by W.L. Williams Clerk, 
Book E Vol 4 Page 4
Page 21

10.989
Rev War

Invalid
No. 10.989
Gilbert J. Livingston
Lt. Rev. War

Act: June 7 1832
Vol A Page 224

Arrangement of 1870
Page 22

Let. to Hon. J.L. Slingerland
July 28th 1848
Wm Valentine Apl 18 49
same Sep 1 1832 (see an 
envelope inside)
same Jny 13 1853
same Feby 28 1853
same Mch 16 1854
Page 23

Gilbert J. Livingston No 20456
NY

JJ Slingerland July 28 1848
W Valentine Ap 18 1849
same Sep 1 1852
same May 13 1853
same Feby 28 1853
same Mch 16 1854
W Valentine 21 July 1854
Let S.A. Pough Mar 22/55
Page 24

Nov 11 1852

Rec to Case of
Gilbert J. Livingston
dec'd 

Wm Valentine
Albany
NY

Written to Feby 28 1853

Albany NY
Nov 9

J.E. Heath Esq.
Commissioner of Pensions
Washington City 
D.C.
Page 25

Sept 9 1852
Rel. to claim of 
Gilbert J. Livingston 
deceased

Wm Valentine
Albany
NY

Jas E Heath Esq
Com of Pensions
Washington City
D.C. 

Albany 
NY 
Sep 6
Page 26

Gilbert J. Livingston 
NY a 32

L.P. Waldo Esq
Com of Pensions
Washington City

Albany 
NY
Mar 7
Page 27

Gilbert J. Livingston
NY a 32

L.P. Waldo Esq
Com of Pensions
Washington

Albany 
NY
Jul 
18
Page 28

June 19/52

Appl. of Gilbert
J. Livingston dec'd

Albany 
NY 
Jun
17

Wm Valentine
Albany
NY

Jas E Heath Esq
Com of Pensions
Washington City
D.C.
Page 29

New York (Albany) Roll

Gilbert J. Livingston dec.
who was a Lieut. and Captain
New York Line and c

Act Act June 7, 1832

19 Months Capt $380.00
5 months Lieut. 66.66
$446.66 2/3

Ca March 4 1831
To April 7, 1833 (unknown)
died-deducting former 
payments at $320 per ann

To Judith Butler
Cornelia Dibble
Franklin Livingston
and 
Charles Livingston, or child 
drew and c
F.F. C. Triplett
Present
Page 30

Gilbert J. Livingston NY Troops
20465 Act 1832

F.F.C. Triplett

Returned
Page 31

(2285)
New York

Gilbert J. Livingston
Lieutenant
In the army of the US during the Revolutionary War

Inscribed on the Roll of New York 
at the rate of 20 Dollars per month to
commence on the 24th of April 1818

Certificate of Pension issued the 18th
August, 1818, sent to R. Riker Esq. 
New York

Arrearages to 4th Sept. 1818
4 mo 2/30     $85.33

New York line 
Nov. 76 to 5 April '80

Revy Claim
Act 18th Mach 1818
continue
Van Cortlandt 

Notification sent this 26th June 1820, to J. Van Orden Esq. 
Catskill, NY
Page 32

State of New York
City and County of New York ss. 
I, Benjamin Ferris, Clerk of the City and County of New York and Clerk of the Court of Common Pleas, in and for the said City and County, do hereby certify, that Richard Riker, Esq. before whom the annexed affidavits were made, and who hath subscribed his name to the Certificate also hereto annexed, was on the day when the said affidavits were made, and the said Certificate signed, Recorder of the City of New York, and a Judge of the Court of Common Pleas, called the Mayor's Court of the City of New York, duly commissioned and sworn. And further that the said Court is a Court of Record of the State of New York; and that the signature of R. Riker subscribed to the said Certificate is the proper hand writing of the said Richard Riker. 
In testimony whereof, I have hereunto set my hand and affixed the seal of the said Court this first day of May 1818.
Benj. Ferris
Clerk
Page 33

Washington Feb 24th 1853

Sir
It appears on page 180 of Mr Holgates book that Lt Gilbert James Livingston present applicant was born Oct 14th 1738, resided at Pokeepsie and died at Rome NY Apl 7th 1833 married Susannah Lewis Feby 28th 1779. She was born March 25, 1761. The names of their children appear immediately under the Knot which directs a marriage and points to both parties. The lines leading from one name to another and from page to page is designed to carry forward the genealogy. I have not become perfectly acquainted with the plan of the work yet is is quite easy to refer to all the names of Livingston from first to last. There are several by the name of Gilbert Livingston but none of them have the middle letter "J" but present applicant. After the book is examined present to refer the Departments to this letter to my date Jany 21 1853 in which it will be observed that the book it to be written. 
I am yours very respectfully
Wm Valentine

J.E. Heath
Com of Pensions
Washington
Page 34

Admitted 
Lieutenant 2 years $320

To be dropt from roll under
Act 1818
Page 35

Rome Oneida Co NY
March 13th 1833

Hon J. L. Edwards, 
Enclosed is the application of Lieut. Gilbert J. Livingston for an increase of pension. Returns are more respectfully requested to the subscriber. 
I am most respectfully
Your most obt servt
B.P. Johnson
Page 36

This is to certify that Lieut. Gilbert J. Livingston served under my command in the second New York Regiment during the Revolutionary War several years and was obliged to leave the service on account of Rheumatism which was the result of extreme hand service. And he informed me at the time he did not wish to be a burden to his country without being able to render the necessary service. I further certify that while in health he was an excellent officer. Given under my hand the 26th day of March 1818. 
Ch. V Cortlandt late
Col. 2nd N York Regt

New York 27 April 1818
I was a lieutenant in the same Regiment with Gilbert J. Livingston named in the above certificate and am satisfied that the hand writing to the same signed by Colonel Cortlandt is genuine. 
Ja Fairlie now
Clerk of the Supreme
Court in New York
Page 37

War Department
Revy Claim

I certify that in conformity with the Law of the United States, of the 18th of March 1818 
Gilbert J. Livingston late a Lieutenant in the Army of the Revolution is inscribed on the Pension List, Roll of New York Agency, at the rate of twenty dollars per month to commence on the twenty seventh day of April one thousand eight hundred and eighteen

Given at the War office of the United States, 
this eighteenth day of August
one thousand eight hundred and eighteen
J.C. Calhoun
Secretary of War

appeared before the subscriber a Justice of the Peace in and for said county the above
Page 38

State of New York
Oneida County
On this 14th day of March 1833 before me personally appeared Gilbert J. Livingston a resident of said County, who being duly sworn testified that he is the identical Gilbert J. Livingston named in the original pension certificate hereto annexed. That he served as a Lieutenant in the Revolutionary War as stated in the annexed certificate from the office of the Secretary of State Albany viz. 
Lieutenant from 21 November 1776 to the 5th of April 1780 in the Second New York Regiment being three year, four month some days. That he hereby claims his increase of pension under the act of 7th June 1832 hereby relinquishing all other claims to a pension. 
Gilbert J. Livingston

Oneida County ss On the day and year above named personally appeared before the subscriber a Justice of the Peace in and for said County the above
Page 39

named Gilbert J. Livingston to me known a man of truth and veracity and made oath to the truth of the foregoing affidavit. 
Ninna Leonard Justice of the Peace

Clerks Office
Oneida County ss
I George Brown Clerk of said County do hereby certify that Ninna Leonard before whom the foregoing affidavit was taken was on the day of the date of the same a Justice of the Peace in and for said County. That I am well acquainted with his hand writing and verily believe the above signature to be his proper hand writing. 
In testimony whereof I have hereto set my hand and seal of office, this 16th day of March 1833.
Geo Brown Clk
Jos. B Read Dep Clk
Page 40

State of New York
Secretary's Office}     12th March 1833

It appears from the records of this office that Gilbert J. Livingston was appointed a Lieutenant in the Second Regiment of the New York Line on the 21st November 1776 and that he resigned as Lieutenant in the same Regiment on the 5 April 1780.
Given under my hand this 12th day of March 1833.
John A Dix 
Secretary
Page 41

Letter
Page 42

Albany N.Y. July 17th 1854

Sir
In compliance with your letter of the 15th of March last in the case of Gilbert J. Livingston dec'd I herewith enclose you a fax simile of the signature of said Livingston to his petition to the Legislature of New York dated Oct 30th 1781 a copy of which has been forwarded . I also enclose herewith a copy of two other petitions with a fax simile of his signature to each. 
As to what action was had when the several petitions you will perceive by the affidavit of the Deputy Secretary that name can be found other than what was endorsed upon the petitions. it is probable that the substance in matter was enclosed in some general law but I have not been able to discover anything further than is herewith sent. 
I am yours very respectfully,
Wm Valentine

L.P. Waldo Esq. 
Com of Pensions
Washington

P.S. Before a certificate is open I desire to furnish evidence of Administration that it may be made payable accordingly. A report Kingston by letter in solicited
NY
Page 43

J.E. Heath Letter
rec'd Jany 24th/53
Both untill returned
Page 44

Pension Office
January 21, 1853

Sir, 
In reply to your enquiry, as to whether a Book to which you refer, monies be returned to you if forwarded for evidence in the case of Gilbert J. Livingston, I have to inform you that if monies be. 
In your communication, accompanying said Book, you had better refer to such pages as you desire to have examined, and also refer particularly to this letter giving its date and sign.
Very Respy
]Your Obt Sert
J.E. Heath 
Com of Pensions

Hon Valentine Esq. 
Albany, NY
Page 45

Brief in the case of Gilbert J. Livingston dec'd
Rensselaer County and State of New York
act
June 7 1832

Claim, ("original," or "for increase")

Proof exhibited, (if original.)

Is is documentary, traditionary, or supported by rolls? If either, state the substance.
Gilbert J. Livingston was a pensioner under the acts of March 18 1818, May 1 1820, at the rate of $240 per annum for service as a Lieutenant in the New York Continental Line. He subsequently claimed the benefit of the act of June 7, 1832, for the same service and was pensioned at the rate of $320 per annum at which rate he was paid to the period of his death, which occurred on 
(If for increase.)
Has additional evidence been filed since the admission of the claim? If so, what?
the 7th of April 1833. It has recently been shown by the Records at Albany, N.Y. and in this office, that he served nineteen months as a Captain in the New York Lines after he left the Continental Army for which grade and service the pension has been increased viz at the rate of $446. 66 2/3 per annum deducting former payments at $320. The proof of hardship and c is in accordance with the regulations. 

Name and residence of Agent 
F.F.C. Triplett
Present

Examining Clerk
Ogden Niles
Page 46

Albany N.Y. Nov 9th 1852

Dear Sir
Permit me to remind the Department of the case of Gilbert J. Livingston dec'd some information relation to which was communicated by my letter to the Department of the 4th of September last, no report bearing since been rec'd. 
I am yours vry respectfully
Wm Valentine 

J.E. Heath Esq. 
Com of Pensions
Washington City
Page 47

Albany N.Y. Sept 3 1852

Sir
In reply to your letter of the 1st Inst in the case of Gilbert J. Livingston, dec'd, I have to inform you that he was first pensioned under the Act of 1818 and afterwards under the Act of 1832 as Lieutenant. At which time he resided in Oneida N.Y. The first papers in his application sent by me in his application for increase of pension were mailed July 1st 1848 and additional evidence sent the 5th of August following. Upon the latter I have in my possession a report by letter dated April 18th 1849. About a year or eighteen months since I examined his papers in person which were then all in file in your office. 
I am yours very respectfully
Wm Valentine

Jas E Heath Esq.
Com of Pensions
Washington
Page 48

J.E. Heath Letter
rec'd Jany 17th 1853
Gilbert J. Livingston
Page 49

Pension Office
January 13 1853

Sir
The affidavit of Mr. Holgate in the case of Gilbert J. Livingston dec'd for increase of pension is not sufficient to remove the objection urged in the letter of my predecessor to you, dated April 18th 1849. The evidence upon which he bases the supposition that the father of the applicants was a Captain in the War of the Revolution is not before the Department and might not suffice if it were, at any rate the office must be put in possession of that evidence before the claim can be admitted. 
I am respectfully
Your obt sert. 
P.C. Johnston for Comm 

Wm Valentine Esq. 
Albany, NY
Page 50

Gilbert J. Livingston
for increase Rev Pension 
NY 1832

SA Peugh
Page 51

Washington D.C. 
18th March 1855

Hon. L.P. Waldo 
Comm of Pensions

Sir
At the request of Mr Wm Valentine of the City of Albany NY I would request that the claim be reviewed and an (illegible) for of your service as Captain in the N.Y. line of Gilbert J. Livingston deceased (illegible) been (illegible) on the N.Y. agency. 
Your early attention will be obliging
Respectfully 
S. A. Peugh
Page 52

Albany NY August 5th 1848

Sir 
On the 10th last papers in the application for an increase of the pension of Gilbert J. Livingston, dec were forwarded through the medium of the Hon. J.J. Slingerland since which time additional items of service have been discovered.
I herewith enclose the comptroller certificate to which I would refer the Department in the adjustment of the claim, instead of the one forwarded with the papers above referred to. 
I am yours very respectfully
Wm Valentine

J.L. Edwards Esq
Com of Pensions 
Washington 

P.S. The appointment of an officer by the name of Gilbert G. Livingston does not appear upon the minutes of appointments in this State, from which, in connection with the circumstances is quite apparent that the middle letter should have been "J" instead of  "G" and is evident one and the same person - he appears in the N.Y. Line as Lieutenant without the middle letter
Yours 
Wm Valentine
Page 53

Letter July 11/48

To J.L. Edward Esq
Com of Pensions 

Honble

Hon John J. Slingerland
HR Rep
Page 54

Albany NY July 10th 1848

Sir
Enclosed is the application of James Livingston one of the children of Gilbert J. Livingston dec'd for the increase of pension which was due his father under the Act of June 7th 1832. 
I am yours very respectfully
Wm Valentine 

J.L. Edwards Esq
Com of Pensions
Washington
Page 55

Letter
Page 56

Albany NY March 7th 1854

Sir
In order to remove the objections in your letter to me of the 28th of February 1853 to the admission of the claim of Gilbert J. Livingston for an increase of pension under the Act of 1832 I herewith enclose a certified copy of his petition to the New York Legislature in 1781 at the time he was performing the service as Captain in the New York line from which it will appear conclusive that the service as Captain was performed by the identical applicant in this case. Allow me to request that the Department notify me of the allowance of the claim before issuing the certificate as it is deniable to have it made payable to an Administrator. And the proper proof or papers will be forwarded for this purpose. 
I am yours vry respectfully
Wm Valentine 

L.P. Waldo Esq
Com of Pensions
Washington
Page 57

Letter
June 15th 1852
Page 58

Albany N.Y. June 15h 1852

Sir
I herewith enclose an application and additional evidence in the case of Gilbert J. Livingston deceased for increase of pension
I am yours vy respectfully
Wm Valentine

Jas E Heath Esq
Com of Pensions
Washington City
Page 59

To the Honorable the representatives of the State of New York in Senate and assembly convened

The memorial of Gilbert J. Livingston late a Lieutenant of the Regiment of continental troops raised under the direction of said state
Most respectfully sheweth
That your memorialist at a very early period of the present war with Great Britain entered into the service of his country and constantly continued in it as an officer of the New York line until the 5th day of April 1780, where being reduced by sickness, that he was reduced unfit to do his country any service found it necessary for him to resign and his resignation was accepted, and your memorialist accordingly regularly dismissed the service. 
That your memorialist having equally with his fellow officers suffered while he was in service by depreciation of the paper money, conceives he is entitled to the benefit of the law passed at the meeting of the legislature the 4th of October 1780 for making good the depreciation in the pay of the troops credited to this State, and that the auditors appointed under it might arguable to the letter of the law, receive and audit his accounts; But as your memorialist is informed that doubts (founded upon sentiments expressed by some of the members) exist whether this were
Page 60

be comfortable to the intention of the Legislature, your memorialist therefore is induced to apply to the Honor ll the Legislature on the subject in the fullest confidence that equal and impartial justice was intended and that such amendment will be made to the law (if any is necessary) as will enable to comm. clear of any doubt to receive and audit the accounts of your memorialist, or such other compensation, as your honors in your great wisdom shall think meet, and your memorialist as in duty bound shall ever pray. 
March 4th 1783

Gilbert J. Livingston 

Endorsed on the back 

Stugg The memorial of
Gilbert J. Livingston 

In Assembly 4th March 1783 PM
Read and referred to Mr. Lott Mr
Ten Broeck and Mr. Schoonmaker

State of New York
Secretary's Office} I have compared the foregoing copy petition and endorsement therein with the original contained in Col. 14 of original papers relating to revolutionary soldiers remaining in this office at page 328 and certify that the same is
Page 61

in correct transcript therefore and of the whole of such original. I cannot find that any special action was ever taken by the Legislature upon said petition except what appears from the endorsement. Dated Albany
July 15 1854

A.G. Johnson
Dep Sec. of State
Page 62

I James Fairlie Clerk of the Supreme Court of the State of New York do certify that I was a Lieutenant in the Second New York Regiment in the Line of the Army of the United States in the Revolutionary War, and that i was well acquainted with Gilbert James Livingston who served as a Lieutenant in said Regiment for a considerable time certainly more than one year. That I have seen him within a few months and have a perfect recollection of his person. 
Given this 4th day of August 1818
Ja Fairlie

Sworn this fourth day 
of August 1818 before 
me
R Riker
Page 63

I do hereby certify that Gilbert James Livingston was a Lieut. in the 2nd New York Regiment in the line of the army of the United States during the Revolutionary War of which Regiment I was Major, that he continued in the service for several years and retired from it in consequence of bodily infirmity. 
I have a distinct recollection of his person. 
Given under my hand the 30th day of April 1818
Nichs Fish 

The above certificate
sworn to by N Fish
before me this 17th day 
of July 1818
R Riker 

for a considerable time certainly more than one year. that I have seen him 
few months and have a perfect
Page 64

Gilb. J. Livingston 

Gilbert J Livingston

Gilb. J. Livingston 

State of New York
Secretary's office} I certify that the then signatures above written on facsimile copies of the signatures of Gilbert J. Livingston as then positions of certified copies have been made by me. The first is the signature to the petition dated Poughkeepsie Oct 30 1781. The second is the signature to his petition dated March 4th 1783. And the third is the signature of the petition dated New York February 26, 1790. Dated Albany July 15 1854.
A.G. Johnson
Dep. Sec. of State
Page 65

To the Honorable the Legislature of the State of New York in Senate and assembly convened. 

The petition of Gilbert J. Livingston of the County Dutchess Assembly sheweth:
That your petition entered into the service of his country in the year 1776 in Col. James Clinton's Regiment in which he served until the twenty first day of November and was then appointed a Lieutenant in the second New York regiment commanded by Col. Philip Van Cortlandt in which he continued till the fifth of April 1780- and then by reason of his bad state of health resigned his commission. Not being willing to be burthen to serve to his country. In consequence of which he has been deprived of any compensation for his services either as to his Depreciation of pay or the gravity of Lands which he would have been entitled to had he continued in service. Your Petitioner therefore prays that your Honorable Body will take his case into consideration and grant him such compensation as you in your wisdom may direct.
New York February
the 26 1790.

Gilb. J. Livingston
Page 66

Petition of Gilbert
Livingston

Praying for Bounty Lands

Feby 27th 1780 In assembly
Read and committed to a committee of the under hear or be till to annexed the act for granting Bounty lands to the troops of the late line of this State. 

State of New York
Secretary's Office} I have compared the written copy petition and the endowment theron with the original petition and endowment contained in Vol 15 of original papers relating to revolutionary soldiers remaining in this office at page 240, and certify that the same is a correct manuscript therefore and of the whole official original. I cannot find that any special action was ever taken upon this petition other than what appears by the environment. Dated Albany July 15 1854
A.G. Johnson 
Dep Sec. of State
Page 67

State of New York
City and County of Albany}ss
On this 14th day of June 1848 before me Abm Morrell a Justice of the Justices Court in and for said Court personally appeared James Livingston of Bath NY who being first duly sworn according to law doth on his oath make the following Declaration in order to obtain an increase of pension which he has been informed and believes was due Gilbert J. Livingston under the Act of June 7th 1832. 
That he is one of the children of Gilbert J. Livingston who was a pensioner of the United States and died in the County of Oneida NY on the seventh day of April in the year one thousand eight hundred and thirty three. And at the time of his death left no widow but left him surviving the following name children viz. Franklin Livingston, Charles Livingston, Judith Butler, Cornelia Dibble, Maria Hollister, and James Livingston, (this declarant). That Maria Hollister one of the above named children died on the third day of May one thousand eight hundred and forty eight that the remaining five above named children are his only surviving children and each of them are over twenty one years of age. In support of which claim he refers the pension Department to the people on file in connection with such as may be forwarded by his Agent WM Valentine of Albany NY. 
Subscribed and Sworn to before
me this 14th day of June 1848
the word "June" written or erased before execution 

James Livingston 
Abm Morrell Justice of the Peace

I certify that I was personally acquainted with James Livingston the person in no enclosed made the foregoing affidavit. That he is a person of integrity
Page 68

and veracity and that said affidavit is entitled to full faith and credence in all respects. 
Given under my hand at the City of Albany this 14th day of June 1848. 
Abm Morrell Justice
of the Peace of the City
and County of Albany
State of New York

State of New York
City and County of Albany 
I David Russell Clerk of the Justices Court of the city of Albany being a court of record having a Clerk (illegible) and commission can persons as hereby certify that I am well acquainted with the hand writing and signature of Abraham Morrell subscribed on the above certificate and that the signature "Abm Morrell" thereto subscribed is the proper hand writing and signature of the said Abraham Morrell and that the said Abraham Morrell is a justice of said Court and a Justice of the Peace of the city an county of Albany and state aforesaid. I have hereunto signed my name and affixed the seal of said court this 14 day of June 1848. 
D Russell Clerk
Page 69

[Persons making application at the Comptroller's or Secretary of State's Office, for scarches, or certificates of service of any person, in the Army of the U.S. during the revolutionary war, should give the name and ranks held by such person; the nature of the service; whether in the Infantry, Cavalry, or Artillery & c; in the regular army or militia; the names of the officers commanding the regiments and companies that the time of enlistment, service, and discharge, as near as can be given

In pursuance of a law passed the 27th of April 1784, entitled "An act for the settlement of the pay of the Levies and Militia, for their service in the late War, and for other purposes therein mentioned," the following certificates have been issued, bearing interest at five per cent per annum, viz:

1781 Dec 21 Gilbert J. Livingston no of cert issued 6209
1571102
1782 Gilbert J Livingston 131008
2940110

State of New York
Comptroller's Office Albany, June 16th 1848}
I hereby certify the above to be true extracts from Book 1 and 2 now remaining in this office, and that the services for which the certificates above named were issued, were performed under the following officers, viz:

First-under Capt. as Captain in Col. Albert Pawling's Reg't
Second " " as Captain " " Frederick Wesenfel's "
Third  " "   " "  "
Fourth "  "  " " " 
Fifth " " " " " 
Sixth " " " " "
Seventh " " " " "
Eighth " " " " "
Ninth " " " " " 
Tenth " " " " "
Eleventh " " " " " 
Twelfth " " " " "

Records uncunned and certificate filled by me for two hundred ninety four one S. ten do. 
Jon Hancock
Clerk

Millard Fillmore
comptroller
Page 70

(Copy) 

State of New York
Oneida County ss} 
At the October circuit of the Circuit Court, held in and for the County of Oneida, at the Academy in the City of Utica
October 7th 1833
Present Hon. Nathan Williams Circuit Judge cam into said Court being a court of record, William Hollister of Rome, Oneida County who being sworn testified that Gilbert J. Livingston late of Rome in said County at the time of his death was a pensioner of the United States, and that since his death a Certificate hereto annexed has been granted for an increase of his pension. That he left at his decease no widow. And that he was the same Gilbert J. Livingston named in the original pension certificate hereto annexed, dated September 2th 1833, numbered 20456. That said Gilbert J. Livingston died at Rome, Oneida Co. N.Y. on the 7th day of April 1833, last past. That he left no widow. And the following persons as his only heirs viz. James Livingston of Bath Rensselaer Co. Franklin Livingston of Waterford Saratoga Co. Charles Livingston of Troy Rensselaer Co. Judith Butler wife of Samuel H. Butler of the City of Utica, Oneida County. Cornelius Dibble wife of Orwell Dibble of Sandy Nill Washington County and Maria Hollister wide of William Hollister of Rome Oneida County N.Y. 
Also at the same time and place came Benjamin Thompson of Rome Oneida County who on being sworn testified that he was acquainted with Gilbert J. Livingston late of said Town of Rome, that he was a pensioner of the United States, that he is the same person named in the
Page 71

original pension certificate which is hereto annexed. That the said Gilbert J. Livingston died in the presence of witness on the 7th day of April last. That he left no widow. And the persons above named are as this deponent believes his only heirs. 
The foregoing facts were proven in open court this day, and the testimony was pronounced satisfactory by the Judge of said Court.
In testimony whereof I have hereto signed my name and affixed the seal of said County of Oneida this 7th day of October 1833. 
Geo. Brown Clerk 
SS

Treasury Department
Third Auditor's Office
May 6th 1848
I certify that the foregoing is a true copy from the original voucher on file in this office. 
Peter Hagner Audr
Page 72

State of New York 
County of Wayne} ss
Edwin C. Norton and George W. Norton being duly sworn according to law deposeth that Mariah Hollister wife of William Hollister died in said County on the third day of May one thousand and forty eight. 
Subscribed and sworn
before me this 28th day
of June 1848
William A. Fuller
Justice of the Peace 
in said County 
Edwin C. Norton
George W. Norton 

I hereby certify that Edwin C. Norton and George W. Norton above name are creditable and competent witnesses and I verily believe their statements are entitled to full faith and credit
William A. Fuller Justice of 
the peace
Page 73

State of New York 
Wayne County
Clerk's Office  I hereby certify that William A. Fuller Esq. before whom the within affidavit purports to have been taken was at the time of taking the same a Justice of the Peace of said County duly qualified and name
Also that his name subscribed to the durat of the same and to the within certificate are each his genuine signature.
In testimony whereof I have 
hereunto set my hand
and affixed the seal of
the said County and Lyon
this 6th day of July July 1848

A.B. Williams
Clerk of Wayne Co
Page 74

To the Honorable the Legislature of the State of New York

The Petition of Gilbert J. Livingston
Humbly sheweth
That by virtue of a commission bearing date the first day of September 1776 he was appointed an ensign of the sixth Company in the second regiment of the New York forces in which office he served until the twenty first day of November following, when he was appointed second Lieutenant in the same regiment as which he served until the 28th day of June 1779, when he was appointed a Lieutenant in the same Reg't, to take rank as such from the 7th day of April, 1778, in which he served until the fifth day of April 1780, when being reduced by sickness that he was unfit to do his country any service, he did by the advice and recommendation of his superior officers solicit for a Discharge, which he obtained, but still remained in the service until the fifth day of Mary 1780, and hath not since been in any business, but in the summer of 1780 accepted a Captain's Commission in the new York Levies as soon as soon as his health was reinstated, and again in the present year accepted of the same office in which he now serves and as the Depreciation of his wages while he served as a Continental Officer hath not been made up to him. He prays that he may be put in the situation of a reduced officer or such other relief or compensation to be given him as to your honours in your great wisdom shall think meet and your honours petition, as in duty bound, shall ever pray and c. 
Gilbt J. Livingston
Pokeepsie, October 30, 1781
State of New York
Secretary's Office} I have compared its foregoing
Page 75

with an original petition on file in this office and contained in volume 14 page 326 of Assembly Papers relating to Revolutionary Soldiers and claims. And certify that the same is a correct transcript therefrom and of the whole of said original Petition. 
Given under my hand and seal of office at the City of Albany
this fourth day of March 1834
A.G.Johnson
Dep. Sec. of State
Page 76

State of New York
Secretary's Office}
I certify that it appears by the minutes of the Council of appointment of this State in this office that on the 10th day of July 1782 Gilbert J. Livingston was appointed and commissioned as Captain in the Regiment of Levies for the defence of the Frontiers whereof Frederick Weissenfels was Lieut. Col. Commandent. 
Also that on the first day of July 1780 Gilbert J. Livingston was appointed and commissioned as Captain in the Regiment of Levies to reinforce the army of the United States Whereof Lewis Dubois was Colonel. 
And that on the 27th day of April 1781 Gilbert J. Livingston was appointed as Captain in the Regiment of Levies for the immediate defence of the State whereof Albert Pawling was Lieut. Colonel Commandant. 
Archd Campbell
Dep. Sec. of State
Albany August 5 1848

Fourteenth "    "     "   "     "
Fifteenth "    "    "   "   "
I have examined the rolls for the above and fine 368.0110 to be correct
John Hancock 
Examining Clerk

Phillip Phelps Comptroller
Page 77

[Persons making application at the Comptroller's or Secretary of State's Office, for scarches, or certificates of service of any person, in the Army of the U.S. during the revolutionary war, should give the name and ranks held by such person; the nature of the service; whether in the Infantry, Cavalry, or Artillery & c; in the regular army or militia; the names of the officers commanding the regiments and companies that the time of enlistment, service, and discharge, as near as can be given

In pursuance of a law passed the 27th of April 1784, entitled "An act for the settlement of the pay of the Levies and Militia, for their service in the late War, and for other purposes therein mentioned," the following certificates have been issued, bearing interest at five per cent per annum, viz:

1780 Gilbert J. Livingston Captain No. of Cert's issued 12.085  181000
11 Oct 31 Gilbert J Livingston do " " " 12.096 551000
1781 Dec 21 Gilbert J. Livingston do " " " 1.209 1571102
1782 Gilbert J. Livingston do " " " 3.723 1361008
3680110

State of New York 
Comptroller's Office, Albany, August 5 1848
I hereby certify that the service for which the certificates above named were issued, were performed under the following officers, viz:
First- under Capt. as Captain in Col. Wm Malcom Regiment. 
Second " " do do " " Wm Malcom "
Third " " do do " " Albert Pawling "
Fourth " " do do " " Fredk Wiessenfels " 
Fifth " " " " "
Sixth " " " " " 
Seventh " " " " "
Eighth " " " " " 
Ninth " " " " " 
Tenth " " " " " 
Eleventh " " " " " 
Twelfth  " " " " "
Thirteenth " " " " " 
Fourteenth " " " " " 
Fifteenth " " " " " 

I have examined the rolls of the above, and
find 3680110 to be correct
John Hancock 
Examining Clerk. 

Phillip Phelps Com Comptroller
Page 78

Comptrollers Office
Albany Augt 5, 1848
I certify that the names of twenty four men of Captain Gilbert J. Livingston's company correspond with the like number of names of Captain Gilbert Livingston as mentioned in with within certificate. 
John Hancock
Examining Cler

see page 38 and 38 39
Book 3