Revolutionary War Pension and Bounty Land Warrant Application File R. 10,864, James Van Fleet, New York
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New York, Van Fleet, James   R 10,864
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State of New York
Allegany County} ss.
On this thirty first day of October in the year of our Lord one thousand eight hundred and thirty two, personally appeared before the Judges of the court of Common Pleas in and for said county in open court, James Van Fleet aged seventy nine years two months and twenty six days who now resides in the town of Haight in said county of Allegany and state aforesaid who being first duly sworn according to law maketh oath in order to obtain the benefit of the provisions of the act of Congress, passed June seventh 1832.
That he resided in the town of Goshen in the county of Orange and state aforesaid at the commencement of the Revolutionary War. That in the forepart of the summer of the year 1775, thinks about the commencement of July, this declarant entered the service of the United States in a company of militia commanded by Capt. Jones, who was afterwards killed at Beaver Creek on the Delaware River about the 20th of July in the year 1779. Martiness Decker was Lieutenant of this company declarant was a volunteer. he was in the service at this time one month, and was employed under Governor George Clinton in the building of fortifications at Fort Montgomery on the bank of the Hudson River in Orange county. That he again entered the service early in the winter of the year 1776 or 1777 (which of the years he cannot now recollect but thinks late in the 1776.) under Captain
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Moses Cartwright and Lieutenant Martiness Decker and Ensign Ephraim Middaugh. Decker was second Lieutenant and John Van Tuyl was first Lieutenant of the company. Colonel Ellison commanded the regiment. Brigade Major John Hearn formerly commanded declarant's regiment. Major Hearn lived in Tappan at this time declarant was marched to Tappan in New Jersey and was at this place when General Washington surprised and captured the Hessians at Trenton. Declarant continued in service at this time about five weeks. Colonel Haghthoirn was present with his regiment. Colonel McClarkson was present with his and there was also present a regiment composed principally of Dutch commanded viz. Major Cantine. During this term of service declarant with the troops present had a skirmish with the enemy consisting of Tories, to who after a few shots retreated. and during this term of service declarant and the troops with him surprised a party of the enemy consisting of Hessians and regular troops at a small village about three miles from Hackensack, who fled and left behind them a quantity of stores consisting of spirits, Brandy, Jamaica Rum, Tea, Biscuits, etc. declarant was this time drafted.
     That he again entered said service in the simmer of 1777. about the last of June and marched to Ramapo in New Jersey under Captain Sweezey and Lieutenant Tryon in Colonel Gilbert Cooper
s regiment and continued in said service three weeks. declarant was this time drafted. there was a body of regular troops at Ramapo under the command of Captain Black, as declarant thinks.
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and thinks part of Col. Haghthorn's regiment was also present. Declarant at this time went with the baggage of some general officers among whom was General Pearson to Kings ferry and General Sullivan was then at Kings ferry with his division of the army. General Stone and some other general officers were present and while declarant was there, General Washington with his army marched in.
That he again entered the service in October 1777, was drafted under the command of Captain Moses Cartwright and Lieutenant John Van Turgl, they marched for the purpose of reinforcing the garrison at Fort Montgomery but arrived too late the enemy having already captured the fort. They then marched to New Windsor on the Hudson River and from thence to Banks Bridge on Wallkill creek, declarant was in service at this time about three weeks Other regiments of militia were present Governor George Clinton commanded in persons and drew declarant and the other soldiers up in the form of battle but the enemy did not land. The American regiment of red coats were at this time present. and declarant and his Major John Decker was present on the spot when the spy was taken and swallowed the box containing the letter written by General Henry Clinton to General Burgoyne, declarant remembers reading this letter which he thinks was to this effect " I have now the key of the North River. can now go where I please and can meet you any day you please to appoint" 
That a few days afterwards he again entered the service, under Lieutenant
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Stuart. the other officers he does not now recollect and marched to a place called Murderers creek, where he was employed in building fortifications, remained in service this time about two weeks. there were several other regiments present. and an engineer whose names he does recollect. these works were afterwards abandoned and the troops went to work at West Point.
   That he again entered the service under the command of Major John Decker the other officers he cannot recollect in the spring of 1778 and marched to Sussex in the state of New Jersey to relieve the inhabitants against or from the refugees and continued in said service about one week. There were some regiments of the New Jersey militia resent during the said several term of service and until the year 1780 or 1781 this declarant was Sergeant.
  And this declarant further states that in June or July of 1778 this declarant went on a scouting party up the Delaware River under the command of Captain Moses Cartwright and Lieutenant Martiness Decker and was in service one week.
    And this declarant further states that from and after the commencement of the fall of 1778 he acted until the close of the war as a minute man in the western part of Orange County to guard that frontier against the Indians. That he very frequently went on scouting parties and acted as an Indian spy that he was called out daily with his rifle and other implements of war and was during this time under the command of Captain Wilhelmus Westfall and Lieutenant John Van Tuyl and several other officers.
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And this declarant further states that his service was of such a nature that he cannot specify the precise length of time he was in the field but he is confident he did serve at the times and at the several places aforementioned at least three years and for the greater part of this time he was sergeant.
   And this declarant further states that he was born in Manasink ( now Goshen in Orange county New York) then in New Jersey in the year one thousand seven hundred and fifty three on the fifth day of August that this declarant obtained this information from a record in the family bible and from the parish register kept by the Reverand Mr. Francis Wood in the aforesaid town. that he was living in the town of Goshen since called Deerpark at the time he entered service. that he continued to live there until the fall of 1822 when he removed to Marcellus now Shenateles in Onondaga county in this state, where he continued until the month of May of the present year, since which time he has lived in the town of Haight as aforesaid.
    That he was well acquainted with Henry Van Etten , Daniel Van Fleet, and Martin Cuykendall at Goshen aforesaid, and at Marcellus aforesaid who now live at Owasco in Cayuga County Van Etten and Cuykendall were captains, and all of them have testified as to their personal knowledge of this declarants service during the revolutionary war and whose affidavit accompanied these papers. that he is acquainted with George Westfall who now resides in Haight and who was his near neighbor in Goshen from the close of the Revolutionary War until declarant left there Westfall's affidavit accompanies these papers.
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here hereby relinquishes every claim whatever to a pension, or an annuity except the present and declares that his name is not on the pension roll of any agency in any state. 
Sworn to and subscribed the day and year aforesaid. 
James Van Fleet
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State of New York
County of Cayuga} ss.
Personally appeared before James Van Fleet of the town of Haight in the county of Alleghany in the state aforesaid after being duly sworn makes oath and says that he is aged seventy nine years on the fifth day of August last. That he resided in the town of Goshen in the county of Orange in said state of New York during the Revolutionary War, that in the fore part of the summer of the year 1775 he entered the service of the United States in a company of militia commanded by Capt. Jones, and Lieutenant Martiness Decker, and continued in such service for the term of about one month in the building of fortifications at Fort Montgomery on the bank of the Hudson River in the county of Orange, that he again entered the said service early in the winter of the year 1776 or 1777 (which of the two years he cannot now recollect) under Capt. Moses Cartwright, Lieut. Martiness Decker, and ensign Ephraim Middaugh in the regiment commanded by Col. Ellison, they marched to Tappan in the state of New Jersey, they were at Tappan when General Washington surprised and captured the Hessians at Trenton, That he continued in said service for the term of about five weeks that he again entered said service in the summer of the year 1777 and marched to Ramapo in Jew Jersey under Capt. Sweezey and Lieut. Tryon in Col. Gilbert Coopers regiment, and continued in said service three weeks, that he again entered the service in October 1777 under the command of Capt. Moses Cortright and Lieutenant John Van Tuyl, they marched for the purpose of reinforcing the garrison at Fort Montgomery and arrived too late the British having captured said Fort before they could arrive there, they then marched to New Windsor on the Hudson river and from thence to Banks Bridge and continued in said service for the term of about three weeks, that in a few days thereafter he again entered the said service and marched to a place called Murderers creek ( now Moodna creek) on the Hudson river and remained in such service about two weeks in building fortifications at Murderers creek, under Lieutenant, Stuart the other officers he does not now recollect.
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that he again entered the service under the command of Major John Decker early in the spring of the year 1778 and marched to Sussex in the state of New Jersey to relieve the inhabitants then against the refugees and continued in said service about one week, and this deponent further saith that from the opening of the spring of the year 1778 to the end of the war the militia in the west part of Orange were ordered to hold themselves in readiness to march at a moments warning and to guard the frontiers against the Indians and that this deponent as also the whole of the militia aforesaid did so hold themselves in readiness, that he frequently marched with scouting parties (or Indian spies) to the distance of from one to thirty miles, that during the whole of said time from the spring of the year 1778 to the end of the war in each year from the opening of the spring to the beginning of winter this deponent as well as all the other militia in that vicinity carried his gun daily and almost every day under the commands of Lieutenant John Van Tuyl, Captain Wilhelmus Westfall and other officers. that this deponent service was of such a nature that he cannot now tell the precise length of time but is confident that he did serve at the time and at the several places aforementioned at least three years and for the greater part of that time he was a Sergeant. James Van Fleet
subscribed and sworn to this twenty fifth day of Sept. 1832 before me 
Cornelius CuyKendall Justice of the peace
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State of New York
County of Cayuga}ss.
Henry VanEtten of the town of Tempronius in said county and Daniel Van Fleet and Martin Cuykendall of Owasco in said county each being duly sworn before me the undernamed Justice of the peace of said county severally depose and say that they were well acquainted with James Van Fleet now residing in the town of Haight in the county of Alleghany, during the Revolutionary war, that they are now well acquainted with him. That they resided during the Revolutionary war in the same town and vicinity that said James Van Fleet resided in that during the revolutionary war, they have frequently seen the said James Van Fleet in the service of the United States, that they know that he served as a Sergeant in said service.
and these deponents each further state that they have examined an affidavit hereunto annexed and this day made and sworn to before Cornelius Cuykendall a Justice of the Peace of Cayuga county and that from the personal knowledge each of these deponents have of most of the facts therein stated the deponents severally believe the facts therein set forth and sworn to by the said James Van Fleet are substantially true  Henry VanEtten
Daniel VanFleet, Martin Cuykendall
Subscribed and sworn to this twenty fifth day of Sept 1832 before me Cornelius Cuykendall Justice of the peace
State of New York
County of Cayuga ss} I Cornelius Cuykendall, Justice of the peace as aforesaid in and for the county aforesaid do further certify that Henry Van Etten, Daniel Van Fleet and Martin Cuykendall who have subscribed and sworn to the preceding affidavit and personally known to me and that their deposition is entitled to full credit.  Dated this seventeenth day of June
Cornelius Cuykendall Justice
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State of New York
Cayuga county}ss    I Michael P. Myers clerk of said county do certify that Cornelius Cuykendall Esquire before whom the preceding affidavits purport to have been sworn was at the date thereof a justice of the peace in and for said county and that I am acquainted with his handwriting and verily believe his name subscribed to said affidavits to be his proper hand writing and signature.
Witness my hand and seal of office this twenty sixth day of September A.D. 1832
M. S. Myers clerk
Jus. P.H. Myers clerk
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I George Westfall residing in the town of Haight do hereby certify that I have been acquainted with James Van Fleet the person spoken of in the above writings and he who hath subscribed and sworn to the above declaration. George Westfall
Subscribed and sworn this 30th day of October 1832 before me H. Miller J.P.
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State of New York
Allegany county
clerk's office} 
I, Judson W. Sherman clerk of said county do certify that Henry Miller Esquire before whom the within affidavit was sworn was at the time the same purports to have been sworn a Justice of the peace in and for said county duly authorized by law to take the same that I am well acquainted with his hand writing and verily believe his signature to the same to be his proper hand writing. In witness whereof I have hereunto set my hand and affixed the seal of the said county at Angelica this 31 day of October 1832
J.W. Sherman
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Allegany Com. pleas
In the matter of the application of James Van Fleet for a pension
18242
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And the said court do hereby declare their opinion after putting the interrogatories prescribed by the war department, that the above named James Van Fleet was a revolutionary soldier and served as he states and that the several papers accompanying this as this declarants affidavit Henry Van Etten, Daniel Van Fleet, and Martin Van Fleet's affidavit and George Westfall affidavit were produced in court. 
John Griffin
Asa Allen
Josiah Utter
Judges of the Court of Common Pleas

I Judson W. Sherman clerk of said court do certify that the foregoing contains the original proceedings before said court in the matter of the application of James Van Fleet for a pension whereof I have hereunto set my hand and affixed the seal of said court at Angelica this thirty first day of October, 1832
JW Sherman
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State of New York, County of Allegany} ss.
Personally appeared before me the undersigned a Justice of the Peace in and for said county James Van Fleet who being duly sworn deposeth and saith that by reason of old age and the consequent loss of memory. he cannot swear positively as to the precise length of his service: but according to the nest of his recollection he served not less than the periods mentioned below and in the following grades: for one month commencing in July 1775 I served as sergeant for one month and seven days commencing in the winter of 1776 or 1777. I served as a sergeant for twenty one days commencing in the summer of 1777 I served as a sergeant for twenty one days commencing in October 1777 I served as a sergeant for fourteen days commencing late in 1777 I served as a sergeant for seven days commencing in the spring of 1778 I served as a sergeant for seven days commencing in July 1778 I served as a sergeant during the preceding terms of service I was second sergeant. For three years commencing in 1778 I served as a minuteman and was an orderly sergeant and for such service I claim a pension.
And I further that there is no clergyman residing in the town of Haight with whom I am acquainted whose testimony could be procured as to my character and services.
and furthermore this deponent saith not.
James Van Fleet
sworn and subscribed this 29th day of July 1833
before me
R.F. Smead J.P.
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State of New York, Allegany county}ss.
I Judson W. Sherman clerk of said county do certify that Benjamin F. Smead before whom the preceding affidavit was sworn was at the time the same purports to have been done a Justice of the Peace for said county duly authorized by law to take the same and further that I am well acquainted with the hand writing of the said Benjamin and verily believe his signature to the same to be genuine. Witness my hand and the seal of said county this twenty ninth day of July A.D. 1833 JW Sherman clerk
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In the matter of the application of James Van Fleet for a pension.
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State of New York, county of Allegany}ss.
It is hereby certified that satisfactory evidence has been exhibited before me the county judge and surrogate of said county being a court of record that James Van Fleet a reputed Revolutionary soldier of the United States died in the month of July in the year eighteen hundred and forty one leaving surviving him the following named children: the deceased no widow but left Solomon Van Fleet and Daniel Van Fleet who am now living and that the said Solomon Van Fleet and David the only surviving children of the aforesaid. James Van Fleet deceased
In testimony whereof, I have hereunto set my hand and affixed my seal of the surrogates court this thirtieth day of April one thousand eight hundred and fifty three
Lucian P Wetherby county and surrogate of said county
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James Van Fleet 
sus NY
A. H. Mackland Porset
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State of New York, Allegany county}ss
Be it known, that on this twenty third day of November A.D. 1852 before me, the undersigned a Justice of the peace in and for the county and state aforesaid personally appeared Solomon VanFleet resident of Newhudson in said county, and made oath according to law that he is the legal heir of James VanFleet who wa a soldier in the war of the Revolution, and who has heretofore made application for the benefit of the pension act of  _____ that he is directly interested as a claimant in said pension and makes this affidavit to be filed with such additional evidence or arguments as my agent may use in prosecuting said claim.
Countermanding and revoking all powers of Attorney, and authority heretofore given, I hereby constitute and appoint C.W. Bennett, of Washington city, my true and lawfil attorney, to prosecute the claim of James VanFleet for any amount of Revolutionary pension or increase of pension that may be due, and I hereby authorize my said attorney to examine all papers or documents in relation to said claim on file in the Department at Washington City, or elsewhere, to file additional evidence or arguments, and to receive for my exclusive benefit, the certificate which may be issued for said claim, which certificate I wish made payable at the Washington City, D.C. agency; to appoint one or more substitutes under him for the purposes herein expressed, and to do all things that I might or could do were I personally present. Hereby ratifying and confirming all that my said Attorney and Agent shall lawfully do in the premises. 
Solomon Van Fleet 
sworn to, subscribed and acknowledged before me the day and year above written, and I hereby certify that I believe the said Solomon VanFleet to be directly interested in said claim as set forth, and to be the identical party therein alleged.
Oelin Marsh Justice
State of New York
county of Allegany
It is hereby certified, that satisfactory evidence has been exhibited before me, clerk of the court of Allegany county that Solomon VanFleet the party who has sworn to, and acknowledged the foregoing declaration and power of Attorney is the claimant for the reputed soldier aforesaid. I further certify, that Orlin Marsh Esq. before whom the preceding affidavit and power of attorney were made and acknowledged was at the time of so doing, a justice of the peace, in and for said county, and that the signature purporting to be his, I believe to be genuine. 
In testimony whereof, I have hereunto set my hand and affixed my seal of office, this 24th day of Nov 1852, John Rockafellow of said county
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typed page November 2, 1936
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typed page November 2, 1936
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1938 Nov 2 History to Mrs. M.E. Metz ADY
REJECTED
10864
P.O. James Van Fleet Service:
Enlisted: 1852 Printed, 18
Discharged: List rejected and suspended pensions gives reason for suspension 
The allegation of a continuous service of three years in the militia cannot be reviewed 
The regulations require each tour to be described by itself.
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Revo:
New York
James Van Fleet suspended act 7 June 1832
letter 23rd Oct 1833
to A.L.Chew
send letter to Hon P.O Fuller HR
6 July 1834
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No
James Van Fleet deceased
New York Letter to A.S. Chew 23rd Oct 1833
Hon PC  Fuller 6th Feb 1834
AH Mackland 29th July 1852
10864
Act 7th June 1832
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Pension Office
29th July 1852
Sir, The case of James Van Fleet was suspended in 1834 for want of proof of his services no material evidence has been adduced, since that time and no reason can be discovered for reversing the decision heretofore made.
A.H. Markland Esq.
Washington D.C.
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Washington May 9th 1853
Hon LP Waldo
I herewith enclose order of court and power of attorney in case of James Van Fleet of New York about 1832 suspended. You will perceive that is declaration is sustained by the affidavits of Henry Van Etten, Daniel Van Fleet and Martin Cuykendall all of whom are Revolutionary pensioners and testify most positively to his service.
Yours 
A H Markland
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War Dept.
Pension office
February 6 1834
Sir, In reply to Mr. Chew's letter respecting the case of James Van Fleet I have the honor to state that a letter was addressed to Mr. Chew on 23 Oct suspending the claim which appears to have been received by him and with which it will be necessary to comply before that decision can be reversed the allegation of a continual service of 3 years in the militia can not be  admitted and the regulations require each term of an occasional service to be circumstantially recited which has been communicated to Mr. Chew.
With respect to the complaint of Mr .Raymond in relation to the decision of this office requiring claimants to obtain certificates of service from the archives of mapth, it is proper to remark that the regulations call for the best evidence in the power of claimant to produce. The difficulties in obtaining those certificates are much regretted but there are no means within the reach of the Department to
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remove them their letters whereas 
act 7 June
Hon PC Fuller
Hon PC Fuller
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Oct 23 1853
AS Chew
Rec'd vol 30 p 67
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War Department
Pension Office
Oct. 23 1833
Sir, The papers of James Van Fleet an applicant for a pension have again been examined in his supplemental declaration the claim and his specified only four months and seventeen days service in the manner required under note of the printed list accompanying his papers on being first back for amendment the requisition not having been complied with the case is purported and the papers placed in file.
Anthony S. Chew Esq
Angelica New York
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44 Morgan Rd, Buffalo, N.Y.
Sept22, 1938
Veterans Administration
Wash. D.C. 
Dear Sir, I would greatly appreciate any information concerning the Revolutionary war or pension record of a James or Jacbus Van Fleet. He was born about 1753 and died July 7, 1841. His service was rendered in and about Deerpark and Minisink Orange Co. The name may have been spelled Van Fleet, Van Vliet or Van Vleet.
Could I also obtain your records concerning Major John Decker? He was 2nd Major of the Goshen regiment in Orange Co. of which Wm. Allison, Esq. was Colonel.
Thanking you for any information I may receive, I am greatfully yours
Mrs. N.E. Metz
44 Morgan Rd
Buffalo, N.Y.
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Power of Attorney
Suspended
Revy pension claim
Act of June 7 1832
James Van Fleet
New York
Power of Attorney
to examine claim
Chas. C. Tucker
Atty. present
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know all men by their presents that I Solomon Van Fleet of the county of Allegany and state of New York do hereby constitute and appoint Charles C. Tucker of the city of Washington D.C. my true and lawful agent and Attorney to prosecute the claim of James Van Fleet of said county of Allegany for any amount of Revolutionary pension or increase of pension that may be due under any act or resolution of Congress. And I hereby authorize my said attorney to examine all papers and documents in relation to said claim on file in the departments at Washington City or elsewhere to file additional evidence or arguments and receive the certificate which may be saved for said claim and to appoint one or more substitutes under him for the purpose herein expressed and to do all things that I might or could do were I personally present hereby ratifying all that my said attorney may lawfully do in the premises:
Witness my hand and seal the 24 day of February 1855.  Solomon Van Fleet
In presence of
C.N. Halsey
State of New York,
Allegany County ss }
On this 24th day of February
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1855 Before me the (crossed out- subscribed personally appeared Solomon Van Fleet) undersigned a Justice of the Peace in and for the county and state aforesaid personally appeared Solomon Van Fleet a resident of said county and made oath according to law that he is the identical Solomon Van Fleet who executed the foregoing power of Attorney and that he is interested in said claim and makes this affidavit to be filed with such additional evidence and arguments as my said attorney may all in prosecuting said claim
Sworn to and subscribed before me this day of February 1855} Solomon McKeen J.P.

State of New York
Allegany county}ss
I James M Mott clerk of the county courts in said county of Allegany do hereby certify that Solomon McKeen before whom the foregoing acknowledgement and affidavit were made and who has there unto signed his name was at the time of so doing a justice of the peace in and for the county and state aforesaid duly commissioned and sworn, and that all his official acts as such are entitled to full faith and credit.
In witness whereof I have hereunto signed my name and affixed my official seal this 7th day of March AD 1855
James M Mott clerk