Revolutionary War Pension and Bounty Land Warrant Application File S. 12816, Benjamin C Dubois, New York
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(3-1776)
Service
New York

Dubois, Benjamin C.

Number
S 12816

Carded
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[Written sideways on left margin] Increase of pension reported to agent. NYork 21 Augt. '33.

[Written on left side of page]
Increase of Pension reported to agent at NYork 21 Augt. '33.
Suspended see letter to Isaac Lawrence 28 Sep. 1833 G.C.
See letter to J. A. Hamilton, Esq.
Oct. 3rd. 1833

[Right side of page]
1566  New York
Benjamin C. Dubois of New York in the State of New York who was a Captain in the Company commanded by Col. Van Dyke in the NYork line for 2 years.
Increased from $320. Augt. 21, '33

Inscribed on the Roll of New York at the rate of 480 Dollars [cents: crossed out] per ann. to commence on the 4th day of March, 1831.

Certificate of Pension issued the 5 day of Nov. 1832 and increased 21 Aug 1833 sent to W. F. Osgood New York

Arrears to the 4th of Mar '33 $960.00
Semi-anl. allowance ending 4 Sep '33 240.00
[Total] $1200.00

Revolutionary Claim, Act June 7, 1832.
Recorded by Jno Cromwell Clerk
Book D Vol. 5  Page 80
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State of New York
City & County of New York

On this 25th day of August 1832 Personally appeared before me Richard Riker a judge of the Court of Common Pleas, in and for the City and County of New York: Benjamin C. Dubois a resident of the city of New York aged eighty two years who being first duly sworn according to law doth depose and say on his oath and makes the following declaration in order to obtain the benefot of the act of Congress passed June 7th 1832. That he entered the Service of the United States under the following officers and served as herein after states. That he was appointed a first Lieutenant of the Company of Captain Henry Marselus in the Reg't Commanded by Col. Cornelius Vandyke in the Continental Line of the State od New York on the 21 of June 1776 and that he continued to serve in Company until promoted a Capt. July [illegible] in 1788 [typo?] of a Company to inforce the Army of the United States by Governor George Clinton, both of which Commissions are herewith annexed. That he was at the battle of Saratoga October 7, 1777, at which the British General Frazer was killed, and he was present October 17th 1777, at the surrender of the British under Burgoyne to the Americans under Gen'l Gates. The evidence of his said service, together
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together with his Commissions are here unto annexed. The circumstances of the battle of Saratoga as near as applicant can recollect are as follows. The Command of the army was under General Gates who had not been a great while in that situation, who ascertaining that General Burgoyne had crossed the Hudson and situated himself upon Saratoga Plains marched the army towards the enemy and encamped a short distance from a place called Stillwater. This happened about the middle of September 1777. It was soon ascertained that the army of Burgoyne was rapidly advancing and he did take up his position within a short distance from the American Army, and on or about the 19th day of the month he marched his whole army against the Americans. General Burgoyne commanded the right and General Frazer acted as a corner of that part of the Army Commanded by Burgoyne's Indians and Canadians he formed in front and flanks. Deponent thinks that the Artillery under Gen' Phillips were on the left, general Gates ordered Col. Morgan to watch them and if he could by any possible means annoy them as they approached which he did by Coming across the Picket guards and driving them back. The British immediately sent aid and assistance to their Pickets and Morgen was Compelled to give way. General
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General Gates learning of this ordered assistance to be given to Morgan which was done and then the action was now general And in the afternoon General Arnold and Colonel Morgan were completely engaged with the British. This lasted until it was too dark to pursue any further and the Americans retreated to their camp. General Burgoyne began to suffer from desertion of great numbers of his Army his provisions and forage geting short, his horses began to die of hunger and whilst he was suffering in this manner the force of the American Army was increasing so rapidly General Gates was watching all the movements of Burgoyne with a jealous eye and his grand object was to cut off his retreat if possible Burgoyne perceiving the difficulties arising from the desertion of his Army and the augmentation of the American forces thought to effect a retreat by attacking the Americans on the left for which purpose he marched a detachment with general Phillips and Frazer and had them formed very mean to the American Army. The Americans attached them on the left. The Americans then attacked them generally and endeavoured to cut off their retreat by marching a number of men in their rear. The British perceiving this formed to cover the retreat of their troops. The Americans fought the left wing of the British with determined
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determined firmness and undoubled courage and so persevering were they that the left wing did retreat, but they would have been totally destroyed if they had not been protected by a portion of the British Army covering their retreat. The battle was fought on the 7. day of October 1777. General Lincoln was wounded in the leg the very day after the battle and was not present at the capture of the British Army Now came the moment when all the British returned into their line. Then General Arnold pressed forward and nearly as the day was gone the Americans entered or forced the entrenchments when Arnolds horse was killed and he wounded Col Brooks with his regiment carried the works on the right of the encampment and kept the grounds. By this time it was night. The loss of the British was great besides a number of prisoners [illegible].

At this time General Fraser was slain. General gates now perceiving that he had gained a compleat advantage and was determined to cut off all retreat on the part of the British if possible and for this purpose he placed a number of soldiers on the heights near Saratoga and also a number in the rear to prevent the British falling back to Fort Edward and also a number of soldiers some distance higher up. General Burgoyne to avoid all means being cut off for
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for a retreat immediately went to Saratoga Gates perceiving this was on the alert and watch'd all his movements with a scrutinizing eye untill he ascertained that Burgoyne was endeavoring to gain Fort Edward when he took measures to prevent the same which he did effectually Burgoyne finding all means of a retreat to Fort Edward impracticable and whilst he was wavering in his mind what to do the Americans got possession of Fort Edward. The American Army increasing rapidly and being well supplied with provisions and Ammunition almost surrounded the British Army who were much reduced and were decreasing daily and being in want of provisions [illegible]

General Gates now perceiving all his advantage observed the enemy was ours. General Burgoyne ascertaining that all was lost came to the Conclusion of entering into stipulations with Gates for the surrender of himself and Army which was finally settled about the 16th Day of October 1777. The stipulations being signed the Army under Burgoyne on the 17th Day of October 1777, at three o'clock P.M. marched out of Camp towards the River and as the Infantry approached their arms were piled by the word of Command from their own officers and as the Artillery approached the same was left by the word of Command also.

The following questions as required by the Secretary of war being put
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put to applicant he answers as follows

1st He was born at Catskill in Green County on or about the 10th Day of September 1750.

2nd There was a family Record in the family of applicants which has been lost many years.

3rd At the time he was called into service he lived in Albany, in Albany County and State of New York.

4th Drafted into the Service.

5. The Regular and Militia Officers with whom applicant was acquainted with Gen'l Gates, Col. Morgan Gen'L Lincoln Gen Stark, Gen'l Schuyler General Jackson and Col. Brooks of Massachusetts Col. Vandyke and Capt Marselus [illegible] Applicant rec'd two Commissions hereunto annexed.

7th Persons who will testify to applicants veracity are Capt Elisha West of the Revolutionary Army John Nalfie Anthony Lyon Thomas Wyatt William Banks Herman Culver Garret Lecyster and Robert Clench.

He hereby relinquishes every claim whatever to a pension on Annuity except the present and declares that
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that his name is not on the Pension Roll of the agency of any State.
signed Benjn C. Dubois
Sworn & Subscribed to this 25 day of Augt. 1832 
Signed R Ricker
And I the said Judge do hereby declare it to be my opinion and have no doubt of the fact, after the investigation of the matter and after putting the interrogatories prescribed by the
War department, that the above applicant was a Revolutionary officer and served as he states. And I do further certify that it appears to me that Elisha Webb, Walter F. Osgood and Garret Leyster who have signed the annexed Certificates, are Residents of the City of New York and are credible persons and that their statement is entitled to full credit. I do further certify that the above applicant by reason of Bodily infirmity is unable to attend Court.
Signed R Ricker
State of New York 
City and County of New York SS: Elisha Webb late and officer in the Revolution residing in the City of New
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New York being duly affirmed doth depose and say that he is well acquainted with Benjamin C. Dubois the above applicant. That Benjamin C. Dubois who signed the above declaration and Benjamin C. Dubois who served as aforesaid in the Revolution is the same identical person and I know the fact to be that he did serve as an officer as he has therein declared.
Signed Elisha Webb
Affirmed to before me this 25th day of Augt 1832
Signed, R Ricker
Recorder of the City of New York
Seal
State of New York 
City & County of New York Ss:
I Abraham Asten, Clerk of the City & County of New York, and Clerk of the Court of Common Pleas for the said City & County. Do hereby certify That Richard Ricker Esq. whose name is subscribed to the Jurats of the annexed
affidavits was on the day of the date thereof, Recorder of the City of New York, and one of the Judges of the Court of Common Pleas for the City and
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April 27, 1936.
Mrs. E. H. Whitehead                                                     BA-J/ILL
33 Oak Lane, Hampton Gardens                                  Benjamin C. Dubois
Richmond, Virginia.                                                        S. 12816
                                                                                         John Van Orden
                                                                                          R. 10882
Dear Madamt
 
Reference is made to your letter in which you request the Revolutionary War records of Benjamin Dubois, John Van Orden and John Baptist Dumond, all of Greene County, New York.

There is no claim for pension or bounty land on file baed upon service in the Revolutionary War of a. John Baptist Dumond. The records of Benjamin C. Dubois and John Van Orden are given heroin as War; said records are those of the only soldiers with those names, found on the records of this office, War of the Revolution. 

BENJAMIN C. DUBOIS-S. 12816.

 Benjamin C. Dubois was born on or about September 10, 1750 in Catskill, Greene County, New York; the names of his parents are not shown.

While a resident of Albany County, New York, he was commissioned June 21, 1776, 1st Lieutenant, Captain Henry Marselus' company, Colonel Cornelius Van Dyck's New York regiment, was in the battle of Saratoga, at the surrender of Burogyne and at the storming of Stony Point, and continued until July 1,1780, at which time he was promoted Captain in said regiment, and served eight months, during which period he was stationed at West Point and was at Compound at the time of Andre's execution, and at Fort George on Long Island; from April 1781, he served as Captian Colonel Cornelius Van Dyck's regiment, was at the King's Bridge, at Canada Creek, and continued one year; from May 1782, he served ass Captain Colonel Marimis Willett's New York regiment at least six months, stationed near New York. He was present when the British evacuated New York, and present at the farewell dinner to General George Washington, December 4, 1783, in New York City, then marched to White
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Hall, when General Washington embarked for the south.
 Benjamin C. Dubois was allowed pension to his application executed August 25, 1832, at which time he resided in New York City, New York. He made no reference to wife or children at the time he made application for pension.

JOHN VAN ORDER-R. 10882.

John Van Oden was born September 20, 1763 in Castskill, Albany County ( later Greene County), New York; the name of his parents are not shown. He resided in that same place until May 1833, with the exception of eighteen years, during which he resided in Montgomery County, New York.

He Applied May 28,1833, for pension which might have been due on account of his service in the Revolutionary War; he resided then in Catskill, New York. He stated then that September 20, 1779 (his sixteenth birthday) he volunteered as a minute man in Captain David Abeel's company, Colonel Anthony Van Bergen's New York regiment and was out scouting and spying against the Indians in the mountains for about six mouths; that April 20,1780, he volunteered in Captain Teunis VAn Wagener's company to go in pursuit of the Indians who had imprisioned Captain Abeel and his son, Anthony, and served one month; that in May 11781, he enlisted and served one month in defense of a for near Albany with the troops under Colonel Anthony Van Bergen; and that he served subsequently about two months in Captain John woodbeck's company in the summer of 1782, and a tour of one month under Captain Jacob Van Vechtem.

His claim for pension was not allowed as he failed to furnish proof of service of six months in regular organized military corps, as required by the pension law under which he applied.

John Van Orden stated that his sister lived in Albany County, New York, in 1833, but he did not give her name; he made no reference to wife or children .
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In 1833, one Peter Van Orden was a resident of Windham, Greene County, New York; no relationship between him and the soldier, John Van Orden, was stated.

Very truly Yours,
A. D. HILLER.
Executive Assistant to the Administrator.
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[Left side of page]
1911 Nov. 1. Hist to Mrs. Jno. T. Smith
1936 - April 27. Hist. to Mrs. E. H. Whitehead
see letter in John Van Orden - Ry. 10882 - JLL

[Right side of page]
Rev War
12816
INVALID.
File No. 12.816
Benjamin C. Dubois
Capt. Rev. War
Act: June 7th 1832
Index: - Vol. _____, Page ______
Arrangement of 1870.
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1566
New York

Benjamin C Dubois
of New York City in the State of New York who was a Lieut & Capt. in the company commanded by Captain Marcelus of the Regt. commanded Col Van Dyke in the New York for Lieutenant 4 years

inscribed on the Roll of New York the rate of 320 Dollars [cents: crossed out] per annum, commence on the 4th day of March, 1831.

Certificate of Pension issued the 5th day of November 1832 and sent to W. F. Osgood

Arrears to 4th of Sept. 1832  $480.00
Semi=anl. allowance ending 4 Mar '33  160.00
[Total] $640.00

Revolutionary Claim,
Act June 7, 1832.

Recorded by (signature) Geo C. Stiles Clerk,
Book D Vol. 5 Page 80

[Written sideways on right]
Let. to Lund Washington 6 July '33
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New York 12th January 1833.
Copy
Sir,
I take the liberty of enclosing the affidavit of Captain Dubois to you, in consequence of your letter dated 26th December last directed to me, and as this is not an original application, that it may be acted upon without delay, if you should think proper.
His original application was acted upon the 5th November last, at which time he was placed upon the Roll as a Lieutenant. It has been my wish in this last affidavit to curtail the statement as much as possible to render the investigation less laborious. I have elicited (as I think) a sufficient statement from him which I hope will satisfy you of the justness of his claim with the vouchers already transmitted.
With great respect
I remain your Obt. Svt.
Signed, W. F. Osgood
56. Warren Street

To J.L. Edwards, Esqr.
Washington.
over
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I do hereby certify that the foregoing is a true and correct copy of the original in this office.

Francis F. Franciose
Clerk
Pension Office, 3rd
Oct, 1832 -
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Revolutionary Claim

An affidavit in support of the claim of Captain Benjamin C. Dubois, late of the Revolution, for a pension, in conformity to a letter from J. L. Edwards Esq. to Walter F. Osgood, dated 26th December 1832.

State of New York:- City and County.

Benjamin C. Dubois being duly sworn, doth depose and say, that the following is a brief and distinct statement of some part of his services as a Captain in the Revolutionary war, as near as he can recollect, with the exception of two or three short excursions which he believes are related in some of the former papers, and which are not necessary to be again related and also the periods of his services under Competent authority, as nearly as his memory serves, and which he believes to be correct.

That he was appointed a Captain by his Excellency Governor George Clinton on the 1st of July 1780, (and his Commission annexed to his original application) and was then ordered with his Company and Regiment under Col. Cornelius Van Dyke to West Point, on the Hudson Rover, and there remained, to relieve the Continental troops, who were ordered down the Hudson river to join General Washington, to attack New York, which was on about August 1st 1780. We was afterwards stationed on the opposite side of the Hudson rover, near Crump Point, Colonel Jamisons Quarters, on the lines, and remained there untill December 1780, then ordered with his Company and the Regiment to Albany, and shortly after ordered into winter Quarters there. During the fore part of 1781 his company and himself as Captain under the Command of Col. Van Dyke, were sent to oppose the Indians under [illegible] John Johnson on the Mohawk River, with whom, he the applicant in the line of his duty had several Skirmishes, fighting along with some of the Continental troops [illegible]. In the summer of 1781, about June his Regiment under Colonel Van Dyke (applicant acting in the line of Duty as Captain aforesaid) received orders from General
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General James Clinton, to be ready at a moments warning, to oppose an expedition from Cannada against some of the Western Posts, but which were afterwards Countermanded (1781). In June 1781, ordered to Peekskill with his regiment, and in the latter part of June 1781, his Commanding officer Colonel Vandyke ordered the regiment to which applicant belonged as Captain to be in readiness to march for Kings Bridge, to attack the British posts and Cutt off the troops under Col. De Laney. In the beginning of July 1781, moved with his Regiment from Peekskill to Tarrytown, and from there to a hill on the North side of Kings Bridge, and but a short distance from it, Called Valentines Hill. Applicant, was in the service aforesaid, and in the line of his duty as a Captain aforesaid, when the British were compelled to retreat to New York, which was in the latter part of July or beginning of August 1781, as near as he can recollect. After that, the troops were put under the command of General William Heath, who had the command of all the posts on the Hudson River. Applicant as Captain aforesaid, and his Regiment, marched back to Peekskill under Colonel Vandyke, where they remained untill the middle of October (1781). Ordered to repair to Albany, and accordingly they did so. In the latter part of October (1781) his company was detached and placed under the Command of Colonel Manius Willet, on an expedition against the British and Indians and came up with them at Johnstown, and at this place, this Applicant as Captain of his Company aforesaid, fought the enemy in the rear, under Majoy Rowly and drove them into the woods. Applicant and his company (he still being in the line of his duty under Colonel Willet) pursued the enemy and killed the greater part of them, that they overtook at Canada Creek, among whom, was Major Butler. A part of his Regiment, together with applicant and his Company, were detached in January 1782, and posted on the Hudson River under Colonel Vandyke, and remained there until May 1782, during which time a meeting took place in the Connecticut Militia. In the beginning of June 1782 was ordered nearly opposite West Point. On the 4 July 1782 Stationed with his Company near Peekskill,
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Peekskill, at which time the declaration of Independence was Celebrated 
Latter part of August 1782 marched to Verplancks Point and encamped. In September the Army reviewed by Rochambeau. In October 1782 ordered in winter Quarters near New Windsor during all which time Applicant was Captain and in the actual service of the United States

(signed) Benjamin C. Dubois

State of New York
City and County

Be it remembered that on this twelfth day of January 1833 Benjamin C. Dubois, the person who signed the above deposition, personally appeared before me, he being satisfactorily known to be a person of veracity who being by one duty sworn doth, depose and say that the statements Contained in the above deposition are true

(Signed) James Flanagan Magistrate and Justice of the Peace in and For the City of New York
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War Department Pension Office
October 3d. 1833

I hereby certify that the foregoing is truly copied from the original on the files of this office.

Newton Berryman Clerk
[mark]
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State of New York 
City and County of New York SS.  Walter F. Osgood of the City of New York being duly sworn doth depose and say that all the difficulties in relation to the application of Benjamin C. Dubois for a pension as a Captain has arisen from deponent's misconstruction of the Act of Congress of June 7th 1832, and the regulations as prescribed by the War Department as published in the Journal of Commerce a paper printed in the City of New York bearing date 27th July 1832 At that time deponents construction of the Law and regulations was erroneous (being very little acquainted with the business of procuring pensions) On the reading of the said Act deponent was under the impression that two years service in the Revolutionary war no matter whether as a private or otherwise, would entitle the applicant to his full pay in the rank which he ultimately attained. Therefore in making out and preparing the declaratory part annexed to his original application. Deponent recited only his services as a Lieutenant and forwarded both Commissions being impressed with an idea that with such declaration and positive proof accompanying the same would be sufficient to entitle him to his pension as a Captain
Deponent was not aware of his error, until informed of it by the Department. Deponent is now aware that there was no necessity of noticing the Lieutenant's commission at all. For if he had mearly forwarded the Commission for Captain, and narrated his services in that grade, it would have been sufficient to have placed him in his proper place on the Pension list. Deponent further says. In preparing the affidavit in conformity, as he thought to the letter of J. L. Edwards, Esq. of 26th December, 1832, he was under the impression that all was mentioned that was necessary and if any mistake in the recital has occurred or any incongruity it is the fault of Deponent and owing to his
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State of New York 
City and County of New York SS. Benjamin C. Dubois, late a Captain in the army of the Revolution, being duly sworn, says. That no part of the omissions of any of hisservices as a Captain in the Army of the Revolution or departure from the strict rules and regulations laid down for applicants for pensions under Act 7th June. 1832. are attributable to him. That he is unacquainted with the necessary requisite for obtaining such pensions, and therefore was compelled to have recourse to Mr. Osgood, his friend, with whom he has been acquainted many years. His reasons for not setting forth his services as a Captain in the Revolution was these. That his Director informed him in his first application, that from his construction of the Law of Congress of 7th June. 1832, that two years service in any capacity, included in said Law would in his opinion entitle applicants to a pension for the ultimate grade which they might attain to. He also stated to deponent, that he was impressed with the idea from some parts of the rules and regulations laid down by the Department that were positive proof was adduced, the traditionary part was not so material and that the setting forth Deponent's services as a Lieutenant and attaching both his commissions was sufficient to obtain his pension as a Captain. Deponent in answer to Mr. Edwards Letter to Mr Washington why the recital of his services as a Captain were not set forth in his first Declaration states. That he is a very old man, and totally ignorant as he has before stated, of the necessary requisite for obtaining pensions, and must of course be guided by some one else. He hopes that the negligence or misunderstanding of his director in his application will not prejudice him in his rights. In a short capitulation of his services in the grade of Captain, he says that 1780 July 1st. he received his appointment and Commission of a Captain attached to his original papers and served for
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the term of eight months. That during this period, as near as he can recollect, he was in August at West Point. September following at Crompond at the time Andre was taken, and November following at Fort George Long Island. In December following to Crompond and different hosts on the North River at various times before the expiration of his term. His eight months services having expired he did in April 1781 entered into a new engagement for one year, that during this period of service he was in June at Albany. In the same month ordered to Peekskill then to Kingsbridge. In July ordered back to Peekskill then at Tarry Town then a Valentines Hill in West Chester County near Kingsbridge. In August at Peekskill. September at Fort Griswold in Connecticut. In October Peekskill, latter part detachment under Willett at the Battle of Johnstown. In January 1782 stationed at different places on the North River untill the termination of one years service. In May 1782. He immediately entered into a new engagement for six months during which period in June stationed opposite West Point and in July near Peekskill latter part of August and September at Verplancks Point October at New Windsor. Shortly after service terminated Deponent says that the above services are more particularly set forth in his preceding declaration. And they were not continuous altho' during the whole time of Deponent's being an Officer in the army of the Revolution he was not engaged in any civil pursuit. If any wrong expression has been inadvertantly introduced in the preceding declarations, so as to give a different colouring to his services, it has not been knowingly intentional on the part of Deponent or his director, but has been either negligence or mistake on his part. Deponent hopes that the preceding affidavits will be sufficient to convince the Department of unintentional omissions, and that he is justly entitled to his pension as a
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Captain in the Revolution.

(Signed) Benj. C. Dubois

Shown to before me this
9th day of August. 1833.
(Signed) James Flanagan.
A magistrate and Justice of
the Peace in and for the
City of New York.
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gross negligence or carelessness. It is not the intention that the services should be set forth as continuous but the intended meaning on the part of Deponent was in preparing the papers that his services as a Captain were comprised within a certain period and during that period he was not engaged in any civil pursuit. It was deponents omission as his director that his services as a Captain were not inserted in his first application, (as is referred to in Mr Edwards Letter to L. Washington Jr 2nd July 1833 requiring a satisfactory explanation for such omission) Deponent repeats, that at that time he deemed with the evidence attached that sufficient was set forth to entitle him to a captain's pension under the act aforesaid. Deponent further says that Captain Dubois was totally ignorant of the necessary requisites forms and rules required by the Department to establish his claim relying wholly or his director for that purpose. The omissions of such recital as a Captain in the Revolution on the part of Dubois is not to be imputed to him or his negligence but wholly to Deponent together with every informality and error. As another reason why deponent dispensed with the traditionary service as a Captain, he says he did not think it at all necessary from a clause contained in the instructions printed in the paper aforesaid to wit:- "The traditionary "evidence of service is deemed very important in "the absence of any direct proof" except the declaration of the party, &c. And a little further on the rules state. "To require proof of service from a cotemporary survivor [cotemporary survivor is underlined] would after a lapse of so many years, be to deprive many of them of the benefit of the law." In this case, not only his declaration is produced, but his Commission and two cotemporary survivors. Deponent
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says that this deposition is made in justice to Dubois and that Deponent thinks that his claims ought not to be prejudiced by either the misconstruction or negligence of Deponent in making said application and further Deponent saith not.
(Signed ) W. F. Osgood
Sworn to before me this 7th day
of August, 1833.
(Signed) James Flanagan
Magistrate and Justice of the Peace for the City of New York
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State of New York 
City and County of New York Ss. I Abraham Aston Clerk of the City and County of New York, do hereby certify that James Flanagan, Esq. whose name is subscribed to the preceding Jurats and thereon written, was at the time of subscribing the same, a Magistrate and Justice of the Peace in and for the City and County of New York, duly commissioned and sworn residing in the said City of New York and authorised to administer oaths and to act as such magistrate and Justice, and that I am well acquainted with the hand writing of the said James Flanagan, and verily believe the signatures to be genuine.
In testimony whereof I have hereunto set my hand and affixed the Seal of the said County the ninth day of August 1833.
(Signed ) Abm. Aston Clerk

Seal [handwritten and encircled by squiggly line]
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I hereby certify that the foregoing are truly copied from the originals in the office of the Commissioner of Pensions.
Eli Brown Clerk
Commissioner of Pensions.

[Below section has been crossed out]
Be it remembered. That James L. Edwards, who has signed the foregoing certificate is Commissioner of Pensions: and that to his attestation full faith and credit are and ought to be given.
In testimony whereof I have hereunto subscribed my name, and caused the seal of the Department to be affixed on this third day of October in the year of our Lord one thousand eight hundred and thirty-three.
Acting Secretary of War.
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gross negligence or carelessness. It is not the
intention that the services should be set forth as
continuous but the intended meaning on the part of
Deponent was in preparing the papers that his
services as a Captain were comprised within a certain
period and during that period he was not engaged
in any civil pursuit. It was deponents omission as
his director that his services as a Captain were
not inserted in his first application, (as is referred
to in Mr Edwards Letter to L. Washington Jr 2d July 1833
requiring a satisfactory explanation for such omission)
Deponent repeats, that at that time he deemed with
the evidence attached that sufficient was set forth
to entitle him to a Captain's pension under the act
aforesaid. Deponent further says that Captain Dubois
was totally ignorant of the necessary requisites forms
and rules required by the Department to establish his
claim relying wholly or his director for that purpose.
The omissions of such recital as a Captain
in the Revolution on the part of Dubois is not to be
imputed to him or his negligence but wholly to
Deponent together with every informality and error.
As another reason why deponent dispensed with
the traditionary service as a Captain, he says
he did not think it at all necessary from a
clause contained in the instructions printed in
the paper aforesaid to wit:- "The traditionary
evidence of service is deemed very important in
the absence of any direct proof" except the declaration
of the party. &c. And a little further
on the rules State. "To require proof of service
from a contemporary survivor would after a
lapse of so many years, be to deprive many
of them of the benefit of the law. In this case,
not only his declaration is produced, but his
Commission and two cotemporary survivors. Deponent
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Additional papers to form a part of the application of Benjamin C. Dubois late a Captain in the Revolution to raise his present pension from that of a Lieutenant to that of a Captain.

That before his appointment as a Captain in the Army of the Revolution, and during the Last year in which he served as a Lieutenant before his promotion to wit in July 1779, he was ordered to accompany the forces under General Wayne to retake the fortress of Stoney Point on the Hudson River then occupied by the British under the command of a Col Johnson. In July 1779 the troops under Wayne commenced their march from a place called Sandy beach situated about 14 or 15 miles above Stoney point, in the evening they reached within about one and a half miles of Stoney Point and were halted to rest, and that Wayne might reconnoitre the best means to pursue in Storming the Fortress. As the army came up they were formed into two columns and proceeded about midnight to the attack. The right Column was led by a Col Fleury with about one or two hundred men and the left was commanded by a Major Stewart and they thus proceeded with fixed bayonets and unloaded muskets. Ahead of these under 2 lieutenants (with about 20 men each) Gibbons and Knox were placed for the purpose of clearing the way [illegible] and as a kind of forlorn hope. Nearly all these brave men were killed but the two Lieutenants escaped without injury. Gen Wayne received a wound from a musket ball to the head, but he ordered his men still to proceed, which they did until they succeeded and recaptured the Fortress. This applicant was within the same when Col Fleury made for the enemies Flag and struck it with his own hands. By this
Page 32

this enterprise a quantity of stores ordnance and a number of prisoners were taken. When the troops first halted General Wayne for fear the enterprise would not succeed ordered that not only the guns should remain unloaded but that the flints should be taken out from the same, Knowing that the Fortress could only be taken by surprise. The soldiers at these orders began to murmur considerably, but a cessation was soon put to it. Applicant recollects a circumstance that took place, namely, An Ensign Muzzy a young man who had the command and was marching in with about 20 men, was addressed by one of the men who had been an old British Soldier and was a great favorite in consequences of which the men all halted. This soldier observed that they were about to be betrayed in consequence of the orders having been given to advance and storm the Fortress without flint or loaded guns, and unless they were permitted to load their muskets and replace their flint, they would not stir one step, but if they were allowed to do this they would follow their officer to the mouth of the cannon. Ensign Muzzy made no observation, but walked up to this soldier and plunged his weapon into his throat or neck and killed him immediately. The men without any further show of insubordination walked on, and left the corpse laying where it remained all the next day as an example to the soldiers. A few moments without this summary punishment, might have given time for the seeds of dissatisfaction to have spread themselves among the rest and thus have defeated the enterprise. After this, applicant received his appointment as a Captain from his excellency Governor Geo. Clinton, which Commission is attached to his former application now before the War Department and as such served until the termination of the war.

He was present at Crump Pond on the lines where Col.
Page 33

Jamieson commanded what was called the Flying Camp, when Andre was brought and brought and surrendered to that officer as a Spy in September 1780 Col Jamieson dispatched a letter to Washington who was then at Hartford, stating that a Spy had been brought to him, and also a line to Arnold that one John Anderson a Spy had been taken. Arnold who was breakfasting with two officers namely Shaw and McHenry. The letter to Arnold was sent to him previous to the one to Washington, and was sent at the express request of Andre, in the assumed name of John Anderson, no doubt to prepare him for making his escape after that Andre declared his real name, and then Col Jamieson sent a dispatch to Washington. When Arnold received the news of the capture of Andre as foresaid, he arose and under the pretense of bearing a flag of truce to a British armed vessel then laying below, he succeeded in reaching his boat and thus escaped. Col Jamieson was soon made acquainted with Arnold's desertion. Gen Washington began to fear that Arnold had deserted and expressed his opinion to some of the officers to that effect. And among the rest to Col Lamb who commanded the Artillery at West Point, and on Washington calling on Arnold's wife he found that Arnold's traitorous conduct had bereft her of her senses. Major Andre was conducted to [illegible] Washington headquarters, and confined in a Small Stone Church at Orange town. He was tried by the board of Officers, found guilty and sentenced to be hung, which sentence was approved of by [crossed out] General Washington, and he continued to be confined in that church until he was hung, which was on a hill about one and a half miles from the church. When he was conducted to the Gallows he walked between to officers, one of whom applicant was intimate with, namely Captain Bullard. Applicant was with Major Salmadge in November 1780 at the time they took Fort George on Long Island, at
Page 34

which enterprise the British Colonel and Captain were both killed and a number of prisoners taken. In September 1781. he was present at Fort Griswold in Connecticut at which Colonel Ledyard was killed and that Fortress taken by the British under Arnold. After that he was at the battle of Johnstown State of New York under Colonel Willet in which the British and Indians were defeated and the British Colonel was Killed. 1783 Applicant was present when Gen Washington and the American Army took [illegible] of the City of New York: the British having evacuated it. The circumstances as near as applicant recollects are these. Gen Knox and the army took [illegible] of the City of New York. Shortly afterwards Gen Washington and Gov George Clinton, from whom applicant received his commission, made their public entry into the City on horse back followed by the State and City authorities four abreast. Then followed Gen Knox and the officers of the army eight abreast, then Citizens.

Governor Clinton then gave a Public Dinner, at which Gen'l Washington, the officers of the army and this applicant were present and the next succeeding week Gov Clinton gave entertainment to the French ambassador, at which Gen'l Washington and most of the officers and this applicant were present. On the 4th of December or thereabouts in 1783, all the officers including applicant assembled at the principal Hotel in the City Kept by one Francis for the purpose of taking their final leave of Gen'l Washington. Shortly after the assemblage, Gen'l Washington entered the room and requested that every officer should come to him severally, shake him by the hand and salute or embrace him. As Gen. Knox stood next to commenced with him. After the ceremony was over the officers formed and followed him in procession to White Hall, where having embarked, he Washington
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(3
and County of New York duly Commissioned
and sworn. And further
that I am well acquainted with the
hand writing of the said Recorder and
verily believe that the signature to the
said Jurat are genuine. In testimony
whereof, I have hereunto set my hand,
and affixed the seal of the said Court
and County, the 25 day of August 1832
Signed, Abm. Aster
Clerk

State of New York 
City and County of New York} Ss. 
Walter F Osgood residing
in the City of New York, being duly
Sworn doth depose and say that he is
well acquainted with Benjamin C Dubois
who has subscribed and sworn to the annexed
declaration. That I believe him to be
about 82 years of age that he reputed
and believed in the neighbourhood where
he resides to have been an officer in
the Revolution and that I concur
in that opinion.
Signed
W. F. Osgood
Sworn to before me
this 25th day of Augt 1832
Signed R Ricker
State of
Page 36

State of New York 
City & County of New York} ss.
Garret Luyster residing
in the City of New York being duly
sworn doth depose and say that
he is well acquainted with Benjamin
C. Dubois who has subscribed and
Sworn to the annexed declaration, that
I believe him to be about 81 years of age
the he is reputed and believed in the neighborhood
 where he resides to have been
an officer in the Revolution and I
concur in that opinion.
signed Garret Luyster
Sworn to before me
this 25th day of Augt 1832
Signed, R Ricker

(Annexed to the original paper are
two commissions-- one as first
Lieut dated 21. June 1776 and signed by
Nath'l Woodhull, Pres't-- the other as
Capt. dated 16 August 1780 and signed
Geo. Clinton

I hereby certify that the above
is a true copy of the original
Francis F Franciosi
Clerk
Page 37

received his hat, and the Officers and Citizens did the same. Washington then departed for Pauls Hook now called Jersey City on his way to the South. The officers then returned to the place from whence they proceeded and dispersed. This applicant served as a Captain for upwards of three years.

Benj C DuBois

State of New York
City and County ss: On this 23rd day of November 1832 personally appeared before me Benjamin C Dubois the person who has subscribed to the preceding declaration who being by me duly sworn according to law doth depose and says that the facts therein stated of his own knowledge are true, and those stated on his information or belief he believes them to be true.
Effingham Schaffelin
Justice (Marine Court)

State of New York
City and County
Jonas Orser late a Lieutenant now a Revolutionary pensioner and Elisha Webb of the City of New York late a Captain in the Revolution, being duly sworn say, that they were acquainted with Benjamin C. Dubois during the war of the Revolution, and that they have heard the preceding declaration signed and sworn to by the said Dubois who so signed and swore to the said declaration and Benjamin C Dubois who served in the Revolution aforesaid is the same identical person, and that he did serve as a Captain for the period he therein states to the knowledge of deponents, and further that the declaration so signed and sworn to by the said Dubois, is entitled to full credit, he being
Page 38

6
a man of veracity and truth.
Elisha Well
Jonas Orser
Sworn to before me this
28 day of November 1832
Jno T Irving
Justice of Court of Com
Pleas for the City & Ct. of New York

State of New York 
City and County}
I Abraham Aster Clerk of the City and County of
New York Do hereby certify that Effingham Schieffelin whose
name is subscribed to the preceding Jurat and
thereon written on the within Page was at the time of subscribing
the same a Justice of the Marine Court of the City of New York
the same being a Court of Record dwelling in the
said City Commissioned and sworn, and duly authorized to
act as such Justice, and I do hereby further certify, that
John T Irving Esq whose name is subscribed to the preceding
Jurat and thereunder written, was at the time of subscribing
the same the first Judge of the Court of Common Pleas
for the City and County of New York dwelling in the said
City Commissioned and sworn and duly authorized to
act as such Judge of the said Court of Common Pleas
as aforesaid. And further that I am well acquainted with
the hand writing of the said Justice of the Marine
Court and likewise the hand writing of the said
first Judge and verily believe that the signatures
are genuine
[handwritten seal]
In Testimony whereof I have hereunto set my
Hand and affixed the seal of the said County
the Twenty Eighth day of November 1832
Abm Aston Clerk
I certify the foregoing to be a true copy
Jno Cromwell
Page 39

Benjamin C. Dubois, S file 12016
His Commission as 1st Lieut. June 21, 1776, of Capt. Henry Marselus Co., Col. Cornelius Van Dyke's N.Y. reg't Continental line,
and
his Commission as Capt. July 1st, 1780, same reg't are not on file with the claim.
A.E. P. Dec. 14, 1905.
Page 40

3-871

RECORD DIVISION
Department of the Interior
BUREAU OF PENSIONS

Briefed by A.O.T. Oct, 28, 1911
Claim No. ___
Certificate No. ___
Claimant ___
Soldier Benj. DuBois
Service N.Y. Rev
Additional Service ___
___
No ___ claim, State records ___, 191
No claim, combination records ___, 191

REMARKS:
No B.L. as above

6-1944 Chief Division.
Page 41

[stamp] RECORD DIVISION OCT 25 1911
[STAMP] Clerk OCT 28 1911 AW PENSION OFFICE D OCT 25 1911 U.S.
Page 42

Chattanooga, Tenn. Oct 24 1911
Mr. J. Davenport,
Commissioner
Washington D.C.
Dear Sir,  S12816
I wish to ascertain if Capt Benj DuBois of Albany Co. Militia 11th Regiment, New York received a pension or land bounty for his services during the Revolutionary War.
Also if Benj. Du Bois of the Dutchhess Co 5th Regiment New York, received a pension or
Page 43

or land bounty for his service as a Revolutionary Soldier.
I will indeed be grateful for any information
Very Respt.
Mrs Jno. T. Smith
645 East 5th St.
Chattanooga, Tenn.
Page 44

In reply to your request of ---, received ---
for a statement of the military history of Benjamin C. Dubois
a soldier of the REVOLUTIONARY WAR, you will find below the desired
information as contained in his application for pension
on file in this Bureau.
[columns] Dates of Enlistment or appointment. | Length of Service. | Rank. | Officers under whom service was rendered.- Captain/Colonel | State.
File 12816

June 21 1776 to July 1 1780 | - | 1 Lt | Henry Marcelus / Cornelius Van Dyck | NY
July 1 1780 | 8 mos | Captain | - | Cornelius Van Dyck [illegible] | -
Apl 1781 | 1 year | Captain | - | Cornelius Van Dyck, Marinus Willett | -
May 1782 | 6 mos | Captain | - | Marinus Willett | -

Battles engaged in, Oct 7 Saratoga + cur. of Burgoyne, Stony Point, Fort George, Fort Griswold, Johnstown, +Canada Creek Oct 8
Residence of soldier at enlistment, Albany N.Y.
Date of application for pension, Aug 25 1832 Allowed
Residence at date of application, New York city
Age at date of application, born Sept 10 1750 at Catskill NY
Remarks: to family data.
This alleged service cannot be verified by the New York records.

Very respectfully,
Commissioner.
6 -- 2856