Revolutionary War Pension and Bounty Land Warrant Application File W. 18,188, David Van Ness, New York
Page 1

(3-1776)
SERVICE
New York

Van Ness, David.      
or Abraham
Hannah

NUMBER W. 18188

CONTENTS
Page 2

9011
New York
4
====================
David Van Ness
of Kinderhook in the state of New York 
who was a Captain, in the regiment commanded by 
Colonel Van Schaack of the New York 
line, for the term of two years.
====================
Inscribed on the Roll of New York
at the rate of 20 Dollars per month, 
to commence on the 1 of April 1818
====================
Certificate of Pension issued the 3 of April 
and sent to G Wade agent 
Washington City D.C.
====================
Arrears to 4th of March 18 1911 4/30 $222.58
Semi-anl all'ce ending 4 Sept 1819       120.
=====
$342.58
=====

{ Revolutionary claim, Act 18th March, 1818. }
Absent without leave and omitted May '78
Continued

4 Sept 1818.
Page 3

D. Van Ness

2nd
New York
Line. Van, Schaack
Reg't as Captain

Admitted
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State of New York Columbaa County } ss David Van Ness of the town of Kinderhook in the County & State aforesaid being duly sworn saith that on the 16th of February 1776 he received a commission from Congress (a part of which is prefixed) as Captian [Captain] in the first New York Regiment commanded by Colonel Goose Van Schaack. That he remained in the service in the above situation as Captain of the sixth company in the first Regiment of the New York line of continental troops, untill December 1776 when he received a new commission from Congress to raise a company for the said first Regiment which he did to serve three years or during the war. That he continued in the said first  Regiment as Captian [Captain] of the company which he had so raised until May 1778 when he delivered up his commission at Albany to the Marquis de la Fayette in order to be discharged. So many soldiers had died by sickness and been killed in battle that it was found necessary to draft some of the officers. among that number was this deponent.
This deponent was engaged in active service during all the above time and from the time that he received his first commission. After being discharged in May 1778 he received a commission from George Clinton Governor of the State of New York to seize provisions for the continental army and continued engaged in that service untill the 23d day of October 1781, when governor Clinton
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not requiring his services any longer in the above capacity he returned home and was no more ingaged in active service in the continental army during the war.
This Deponent further says that he is in indigent circumstances and stands in great need of the assistance of his country for support. He has a family to support, and during the last fall was so much injured as be loose entirely, the use of his right arm which is the reason of his not signing his name to this affidavit.
This deponent further says the paper prefixed to this affidavit is part of the first commission which he received from Congress in February 1776 and that the other part of said commission has been lost by time & accident and that he is the same David Van Ness named in the said commission and has no other evidence, in his power of his said service, and further saith not.
Sworn this 1st day of April 1818.
[right] his
[right] David    X   Van Ness [X being his mark in lieu of signature]
[right] mark

before me
[signature] Hezekiah Dayton
A Judge of the Court of Common
pleas of Columbia County
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I certify that on the first day of April 1818 personally appeared before me David Van Ness in the annexed affidavit named & made oath to the truth of the facts therein contained. I certify that it appears to my satisfaction that the said David Law ness did serve in the Revolutionary war as stated in the said Affidant against the common enemy and that the said David Van Ness is in reduced circumstances and stands in need of the assistance of his country for support, And I now transmit the testimony & procedings taken & had before me to the Secretary for the department of war pursuant to the directions of the aforementioned
act of congress.
Dated Hudson April 1, 1818
[signature] Hezekiah Dayton
Judge of the Court
of Common pleas
in & for the County of
Columbia & State of
New York.

State of New York Columbia County Clerks Office }
I Certify that Hezekiah Dayton whose name appears to the annexed paper which I know to be his handwriting is a Judge of the Court of Common Pleas in & for said County.
Witness my name & the County Seal this 1st April 1818-
[signature] Cornelius Shilling
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Certified copy of the oath & Schedule & opinion of the Court of Common pleas of Columbia County [??] [??] viz. in the case of David Van Ness pensioner-
9011
Continue

( Sept 1819 )
Sent to Hon
James Strong
Hudson
May 19, 1820

Capt David Van Ness
Appointed 21st Novm 1776

On return July 9 1778
this entry Appears, "On
Command to resign".
Jany 8th 1778, "On furlough
by Genl Gates.
March 17th 1778, On furlough
by Genl DeLafayette".
May 5th 1778 "Absent
without leave since 7 April
1778".

His name dues not [a???]
them upon the mus [muster] afterwards
See Bundle 3 Aug.
Van Schaick [?]
Page 8

Schedule etc.

State of New York Columbia County } ss

On this seventh day of June AD 1820 personally appeared in open Court being a Court Record called the Court of Common pleas held in & for the County of Columbia aforesaid David Van Ness of the City of Hudson in the County aforesaid, formerly a merchant, but now employed in business, aged sixty seven years resident in the said City of Hudson, who being duly sworn according to law, doth on his oath declare that he served in the revolutionary war as follows.
entered as a Captain in the regiment commanded by Col. Gasa Van Schaack in the New York line on the 16th February 1776 - & continued in the service until the summer of 1778 - that he was dismissed the service in the City of Albany at his own request, afterwards received a commission to seize & procure provisions for the United States army, in which employment he continued until October 1781 - as will appear from the papers on file at the war office of the United States, upon which a certificate No. 9011- was given the 3d day of April 1819 - And I do solemnly swear that I was a resident citizen of the United States on the 18th day of March 1818 & that I have not since that time by gift, sale or in any manner disposed of my property or any part thereof, with
intent to diminish it so as to bring myself within the provisions of the act of Congress, entitled  "An act to provide for certain persons engaged in the land & naval service of the United States in the revolutionary war " - passed on the 18th day of March  1818 & that I have not, nor has any person in trust for me any property or securities contracts or debts due to me nor have I any income, other than what is contained in the Schedule hereto, annexed & by me subscribed. Sworn & declared before me this 7th day of June 1820. (Signed) David Van Ness
[signature] John A. Miller first Judge of said Court.
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Schedule etc.
I have no real estate ─  but personal property as follow ─
One watch worth $10 ─
One Ten dollar promissory by note & a Trunk in which my clothing is kept ─
4 Barrels of Mackerel ─
4 Barrels of Halibut ─
3 Barrels of sword Fish & 5 quintals of dry Sword Fish on all which are charges for the purchase money ─ probably equal to their present value ─ I am deeply indebted & owe at this time about six Hundred dollars
& do not consider the true value of the above property above mentioned to be more than thirty Dollars.
I have no family to support except myself ─ but from bodily infirmities,  am unable to labor for subsistence or use any occupation for that purpose ─ an injury received about Two years before the pension law was passed, occasioned the loss of the use of my right arm which disabilities with my poverty place me in a situation to need the assistance of my country.
[signature] David Van Ness
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Court of Com. Pleas

Columbia County June Term June 7th 1820
present the Hon. John J Miller First Judge
Lawrence M. Goes 
James Platt
Judges

The court having enquired into & considered the case of the petitioners ─ Ordered that in the opinion  of the Court the Total amount of the property exhibited in the schedule of the petitioner David Van Ness is Thirty Dollars
Signed John J Miller
L. M. Goes
James Platt

[illegible Court Seal affixed at left]

I Abraham B Vanderpoole Clerk of the County of Columbia do hereby certify that the foregoing oath & the Schedule thereto annexed are truly copied from the record of said Court & that the total amount of the value of the property exhibited in the aforesaid schedule is Thirty Dollars
In testimony whereof I have hereunto set my hand & affixed the Seal of the said Court on the seventh day of June 1820
[signature] A. B. Vanderpoole
Clerk of the Court of Common
pleas of the County of Columbia
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Letter to L. Jenkin
March 10. 1848.
let Hon S. Breese
March 24/48
Letter F. G. Day 18th Augt. 1849
" H. H. Bostwick
Jan 25/54
H.H. Bostwick Nov: 12/58
4516 4516= 4516
New York
Hannah Van Ness, the widow of [crossed out: Abraham] DAVID Van Ness who died [crossed out: on the] December 1828 of Columbia &c in the State of New York who was Captain in the Com commanded by Captain N.Y. of the Regt commanded by Col. Van Schaick in the [crossed out: line] Revolution for 16 months 17 days
Inscribed on the Roll of Albany at the rate of 331 Dollars 33 Cents per annum, to commence on the 4th day of March, 1831 and terminating 3rd [illegible] 1836, when she died
Certificate of Pension issued the 23 day of Feb., 1848 and sent to Hon Sidney Breese M. S. Dena
Arrears to the 4th of [blank]
Semiannual allowance ending
Payable to John D. Van Ness
Abraham Van Ness only surviving children
{Revolutionary Claim, At July 4, 1836, Section the}
Recorded by Th. Lumpkin Clerk, Book C Vol. 1 Page 133
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State of New York }
City and Court of }
Albany } On this 18th day of December 1846, Personally appeared before the Court of Common Pleas of the said County John D. Van Ness a resident of the above named City aged 54 years who being first duly sworn according to Law doth on his oath makes the following declaration in order to obtain the benefit of the Act of Congress passed May 15th 1828.
That he together with his brother Abraham D. Van Ness of Auburn in the County of Cayuga in said State are the only surviving children of Captain David Van Ness an officer of the New York line in the Revolutionary War and a Pensioner under the act of Congress passed March 18th 1818 Said pension was paid until his death which took place in Hudson Columbia County this State on the 14th of December 1828 And he now claims in his own name and on half of his brother Abraham D. Van Ness the amount of the Pension of their Father which was due at his death awarding the provisions of the Act of Congress passed May 18th 1828; and also according to the construction put upon said Law by the Commissioner of Pensions in his official letter having date April 5th 1830 which opinion was endorsed by the approval of the Honorable Secretary of War baring date the 17th April of the same year. 
For proof of the serving of the said Captain David Van Ness this declarant would respectfully refer the Commissioner of Pensions to the original declaration and accompanying documents under which he obtained his pension under the law of March 18th 1828. He would further state that the reason of this declaration being made in this County is that proof of his own and his brother’s identity as the only living children
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of the said Capt David Ness; is more verily established here than in the County where his Father died He having spent a large part of the last of his life with this declarant in the City of Albany 
[signed] John D Van Ness
Sworn and Subscribed to on the day & year above written 
[signed] C H Bramhall Judge of Albany County Courts Counsellor &c
The word “part” between the 2nd & 3d line from top of this page was interlined, before signing 
[signed] C H Bramhall Judge of Albany County Courts Counsellor &c

I certify that I was well acquainted with Captain David Van Ness formerly of the town of Kinderhook & Stuyvesant in the county of County of Columbia, and that he was reputed and generally believed to have been an officer of the New York line, in the Revolutionary War. For some time before his death, which I understood took place in the City of Hudson in about the year 1828. I understood that he was a pensioner under some one of the acts of Congress,, and I had occasion, professionally, to become acquainted with the fact.  I knew his family, from my earliest recollection until 1812, and
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[Note: underlying document is transcribed in full on the previous page; this page transcribes the clerk’s certification affixed to the underlying document]

State of New York, 
CITY AND COUNTY OF ALBANY, CLERK'S OFFICE, } ss.
I, WILLIAM MIX, Clerk of the said City and County, do hereby CERTIFY that Charles Bramhall 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 Judge of Albany County Courts 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 Charles H. Bramhall and verily believe that the signature to the said Certificate of Proof or Acknowledgment is genuine. 
In Testimony Whereof, I have hereunto set my hand, and affixed my official seal this nineteenth day of December 1846.
[signed] William Mix Clerk.
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after that time occasionally saw some its members. At the time of his death, two of his sons, Abram, who then resided, & who as I am informed & believe still resides, at Auburn Cayuga County, and John D. who then resided, and who as I am informed & believe still resides in the city of Albany, were living and he left, also, two and perhaps three daughters, all of whom as I am informed are now dead. I believe, therefore, that John D. Van Ness, the deponent in the foregoing affidavit and Abram on now the only surviving children of said David Van Ness.
New York, January 8th 1847. 
[signed] B. F. Butler.
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Payment to be made at Albany by J. W. Olcott, Esqr., Agent for paying pensioners, in the Agency of Albany New York.

Recorded in the Pension Office, in Book C. Volume 1  Page 133 by Th. Lumpkin, Clerk.
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WAR DEPARTMENT.
Claim for Military Service. 
I certify that, in conformity with the law of the United States, of the 4th July, 1836, (3rd Section) Hannah Van Ness, deceased, late of New York, widow of Abraham Van Ness, who was a Captain in the Revolution and who died December, 1828, is inscribed on the Pension roll at the rate of Three hundred and thirty one dollars and thirty three cents per ann. Commencing on the 4th March 1831 and terminating on the 3rd August, 1836, the day on which she died. The amount due is payable to her only surviving children, viz: John D. Van Ness and Abraham Van Ness.
Given at the War Office of the United States, this 23rd day of February one thousand eight hundred and forty eight.
[signed] W. L. Marcy 
Secretary of War. 
Examined and Countersigned. 
J L Edwards 
Commissioner of Pensions. 
By G Wm Crump
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Columbia County,
Clerk's Office,} ss.
I, James Storm Clerk of the County of Columbia, Do hereby certify, That Francis W Bradley before whom the affidavit purports to have been sworn, was on the day of the date of the same, a Justice of the Peace in and for said County. And further, that I am acquainted with the hand writing of the said Justice, and verily believe the name of the said Justice subscribed to the said affidavit, to be his proper hand writing and signature.
In Testimony whereof, I have hereunto set my name and affixed the Seal of the said County, this Sixth day of October 1847
James Storm Clerk.
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State of New York 
County of Columbia } ss Benjamin Van Zandt of Kinderhook being duly sworn deposeth and saith: That he is the present Pastor of “The Reformed Protestant Dutch Church in the Town of Kinderhook” and that the Records of said church are in his possession and Care, that he has made diligent search in the Marriage Records for the names of David Van Ness and Hanah Van Buren for ten years next succeeding the year 1774 & that within the Records of said Years no such Marriage appears. 
And Furthermore that in the Records of Baptisms. The following appears. 
“Sarah daughter of David Van Ness and Hanah Van Buren Baptized Jany. (17) Seventeeth (1779)” One thousand Seven hundred & Seventy Nine.
And further this deponeth saith not.
[signed] Benjamin Van Zandt
Subscribed to sworn before me this 5th Day October 1847 
[signed] Francis W. Bradley Justice of the Peace
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Revolutionary War Records Section 

3-525
Department Of The Interior 
Bureau of Pensions 
Washington D.C. 

In reply to your request of (blank), received (blank) for a statement of the military history of David Van Ness a soldier of the Revolutionary War, you will find below the desired information as contained in his (or his widow’s) application for pension on file in this Bureau. 

Date of Enlistment - February 16, 1776
Length of Service - November 21, 1776
Rank - Captain
Captain - of Sixth company 
Colonel - Goose Van Schaick 

Date of Enlistment - November 21, 1776
Length of Service - May 1778 
Rank - Captain
Captain - First Company
Colonel - Goose Van Schaick

Date of Enlistment - May 1778
Length of Service - October 23, 1781
Processing provisions for Army

Battles engaged in (blank)
Residence of soldier at enlistment (blank) 
Date of application for pension - April 1, 1818 His cl. was al [claim was allowed]
Residence at date of application - Kinderhook, Columbia County, New York 
Age at date of application - 65 years Soldier d. Dec 14, 1828 at Hudson, N.Y. 
Remarks: Soldier mar. March 23, 1777 Hannah Van Buren. Two or three daughters are referred to, one Sarah baptized in 1777. In 1846 John D. 54 years old and Abram D. a resident of Auburn N.Y. stated they were the only surviving children. In 1854 Ann Durkee 66 years old & a resident of Brooklyn N.Y. testified that she was the child of Captain Van Ness Mrs. Griffing also a daughter is referred too. 

Note 
The date of widows death is purposely omitted the Bureau first accepted 1836 and then decided that the claim   over
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should not have been allowed on that date but to my mind they never cleared up the date of her death so as really to prove 1833 and in the various letters relative to it they say there must have been two women of that name in the poorhouse. I cannot now undertake to decide it.
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David Van Ness Captain 
Peter J. Vosburgh 1st Lieut
John J. Van Ness 2d Lieut
Nicholas Kettle Ensign 
February 16. 1776. 
Th. [illegible, Schmeld?]
Page 23

Found mutilated
Mch. 27, 1911.
F. W.
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IN CONGRESS

The Delegates of the United Colonies of New Hampshire, Massachusetts Bay, Rhode Island, Connecticut, New York, New Jersey, Pennsylvania, the Counties of New Castle, Kent, and Sussex on Delaware, Maryland, Virginia, North Carolina, South Carolina, and Georgia, to David Van Ness Esquire. 

We reposing especial Trust and Confidence in your Patriotism, Valour, Conduct, and Fidelity, Do by these Presents, constitute and appoint you to be the sixth Captain in a Regiment of Foot commanded by Colonel Goose Van Schaick 
in the Army of the United C (words cut off) for the defense of American Liberty, and for repelling every hostile Invasion thereof. You (words cut off) fore carefully and diligently to discharge the Duty of Captain
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No 6998
Hannah Van Ness dcd
Let. to Hon. Howell Cobb Oct. 30th 47
Let to Hon. S. Breese
Decr. 28, ‘47
Act 4 July 1836
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[6]998 
case is not be acted on for any purpose whatever without first consulting the Comr of Pensions 
Act July 4/36 
F. S. Evans 
March 11. 1848 
Let to F.G. Day 18th August 1849 
W H Bostwick, Jany 25 /54
Page 27

Soldier’s name is David. 

By mistake, pension was granted in widow’s case as "widow of Abraham Van Ness." 
As widow was decd., pension was claimed by heirs, one of whom was named Abraham. In that way the mistake occurred.
F.W.
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No 6998 
Hannah Van Ness dcd widow of [crossed out: Abraham] Error David Capt  NY
Act 4 July 1836 comd 16 mo. 17 day Capt 
$313.33 per ann 
[from] 4 March 1831 to 3 Aug 1836, the day of her death payable to John D. Van Ness and Abram Van Ness only surviving children of Hannah Van Ness dcd 

Hon S. Breese 
Senate U States
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La Grange, Missouri, 7/19/15

Commissioner of Pensions 
Washington D.C. 
Dear Sir:
Have you any record of one John Van Ness serving as second Lieutenant under Captain David Van Ness’ Company Colonel Goose Van Schaick’s New York Battalion on a company roster roll cooring the period from February 1776 to December 1776.
There is also a Peter Van Ness served in said
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War as a colonel in N.Y. organization, a pay roll dated at Albany June 27, 1777 of the officers of militia who sat on a general court-martial at Albany May 21 to June 27, 1777, shows that he entered on service May 21 - 1777, and was discharged June 27, 1777, and that he served 38 days. 
If you have anything concerning any or all of the said John Van Ness, David Van Ness or Peter Van Ness, I would be very glad to get same. Thanking you in advance for your favor I am  (over)
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Yours very truly,
Mrs. Nina Orange

[stamp] U.S. Pension Office JUL 21 1915
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Rev WIDOW, &c. 
File No. 18.188 
Hannah Van Ness widow of [crossed out: Abraham] David Van Ness Capt. Rev. War 

Act: July 4, 1836 
Index:- Vol. M, Page 296 
{Arrangement of 1870.} 


July 27, 1915 Hist to Mrs. Nina Orange  J.L.M.
Page 33

Hon S. Breese
Mch 24 /48
relative to the Pension case of Hannah Van Ness
Page 34

213 

Pension office 
Mch 24/60
Sir,
I have received your letter enclosing a letter from Genl Clinton, as also the affidavit of A.F. Miller in the case of Hannah Van Ness, These papers I herewith return, in order that Miller may amend his affidavit by giving the name of the husband of the Hannah Van ness who died in Aug. 1836. I apprehend that there has been some mistake in the matter, as I am confident that Mr Jenkins would not have made an erroneous statement. It appears to me very probable that there may have been in the Alms House two women of the same name, and that one died in 1833, and the other in Aug 1836, If the fact be so, it is all important to ascertain whether Hannah Van Ness who died in Aug 1836, is the widow of Capt David Van Ness. If she is not his widow, the children have no right to a pension –
Hon S. Breese 
U.S. Senate
Page 35

Albany, March 9, 1848

Honorable Timothy Jenkins
My dear Sir,
I had intended to trouble you a good deal more this session than I have. You must admit that I have not been as troublesome a correspondent as I threatened to be last summer and therefore that I have a quasi right to inflict this letter upon you.
On the 7th inst. I wrote to Mr. Edwards the Commissioner of Pensions, in relation to a pension claim lately allowed by him to the children of Hannah Van Ness represented in the Pension Certificate to be the widow of Abraham Van Ness a captain in the New York line but in reality, as I believe, the widow of David Van Ness, who was a captain in that line, but whose widow was not entitled to a pension as she died in November 1833, (in the Poor House of Columbia Co) tho she is represented in the Pension Cert. as having died in Augt. 1836 after this passage of the Act of 4 July 1836. I have good reason to believe that a great fraud has been practiced on the Pension office, by which about $1700 might have been drawn on from the U States, if I had not communicated the matter to Mr. Edwards - or rather attempted to do so, by writing him as above mentioned - I say attempted because I have some suspicion that some Clerk in the Pension office may have conceived which, & that possibly my letter to Mr. Edwards may
Page 36

be intercepted in that office - My suspicion is founded in the fact of the mistake in the Cert. in the name of the widow’s Husband - which, is David & not Abraham - I do not wish by any means, to be understood as suspecting any of these clerks whose duty it is to examine such claims.
My object in stating these facts is to request that you will have the goodness to inquire of Mr. Edwards in person, whether he has received a letter from me respecting the claim of the children of Hannah Van Ness. If he says yes, it will be unnecessary to say more to him, unless he speaks of the matter himself. If he says no - please inform him that I have written such a letter, & that it was mailed here on the 7th. inst.
I may be unreasonably suspicious in regard to any of the clerks in that office but I am very sure I am not mistaken in regard to the fraud practiced by the claimants or their agents, whose names I understand is Weed.
I wish also that you would be so good as to urge Mr. Edwards to a decision in the case of Jesse Bell, in which I am interested. Mr. Wm. Valentine is the agent who transmitted the papers - but I was the person first employed by the claimants. Being much engaged, I employed Mr. Valentine to assist me, as it was necessary to go to different parts of the country to obtain evidence in support of the claim. From what I have heard I have reason to believe that Mr. Valentine is not a favorite at the Pension Office, & I feel my employing him has prejudiced the claims, which I believe to be a righteous one, & one proven fully established by the most satisfactory witness.
With regard to Mr. V I do not know why he is not esteemed
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at the Pension Office - I have no reason to doubt his integrity, He is a member of the same church with myself, & so far as I know is in good standing here. He is rather an illiterate man, & has had some peculiar religious notions - having been a Millerite, or something of that sect.
I once employed him to take the affidavits for me in the case of a Widow Kelly (in which service I paid him, he was not a partner in the case) the witnesses residing in the county - That & the case of Bell, are the only business transactions I have had with him, in which I was personally concerned. I mention these facts because I believe Mr. Edwards & Dr. Crump have a strong feeling against Mr. Valentine, which may probably extend to me for being in any way connected with him - Should any remarks be made by either of them on the subject, you will please give the above explanation. For that I do not consider myself responsible to either of them in relation to the matter, so long as nothing [illegible] has been done by Mr. V. or myself, in regard to it, yet I wish to have & retain their good opinion of me – 
Thus much for business matters - I hope the President & Senate will give us peace, so far as depends on them. You have been passing through very solemn & impressive services at Washington this winter, especially in the death & funeral solemnities of Mr. Adams - I hope & trust the effect has been good, in calling the attention of Members & others to the more solemn realities of another world - & repressing the aspirations of ambition, & the asperities of party spirit – 
I have lately been reading a most interesting & instructive work Lord Campbell’s Lives of the Lord Chanceller of England" - It interested me more than any novel I ever read. I mention it chiefly to refer to the Life of Lord Chancellor Talbot, at the end of the 4th pt. who married a grand daughter of the “famous Judge Jenkins” who set Cromwell’s Parliament at defiance, & came near being
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sentenced to death for his belief  He declared if he was executed he would go to the Scaffold with the Bible under one arm & the statute Book under the other – Was he an ancestor of ours?
He was certainly a Welchman, and you know you & I have Welch blood in one bodies, which all the waters of the Hudson cannot wash out - of course we inherit from our ancestor the love of genealogies, of which this part of my letter is a proof 
I will make no excuse for writing this long letter, tho I am aware it will give you some trouble to read it. 
If you survive the [illegible] War, or Peace, as the case may be, & I my present labors in the Pension Agency, I hope to have the pleasure of seeing you on your return home some time in July or August much
I remain, dear Sir
with great regard 
yours truly 
[signed] L Jenkins 
The Judge Jenkins above referred to was David not Sir Leoline, the author of the “Centuries” - the admiralty Judge & Secy. of State in the time of Charles 2d. - & who never having been married left no posterity - or any rate none from which we would wish to claim descent – Lord Talbot who married a grand daughter of our supposes ancestor, David, was a descendant of the celebrated General of Sir Talbot, who served in France under Henry 5th & figures in Shakespeare’s drama of Henry 5th
You see my Welch blood shows itself even in a postscript - & trickles to the end of the fingers which hold my pen -

[left margin]
Apl 25, 48  changed to Hannah Vanness, W Ames

[right margin]
Hon. T. Jenkins
T Jenkins 15 May 48

[vertically down center]
T. Jenkins
Page 39

New York Jany 9th 1847 
Hon. Jas. L. Edwards 
Sir 
Enclosed I send an application for an arrearage of pension under the act of of May 15, 1828 amounting to only that act about $676 - David Van Ness was an officer and under that act was entitled to whole pay that is $480 per year from March 3d 1826 to Decr 28th 1828. The surviving children who are the applicants are aware that all the half pension under the act of March 18th 1828 has been paid to him, during his life except a small fraction which was paid to his widow since dead on the intercession as I learn of Mr Butler father of the 4 atty. genl.  By the decisions of the commissioner of Pensions and of the atty generals - & the practice of your deponent [or department?] these pensions are deemed a vested right in the passage of the act. I need not adduce those opinions which you so well and so much better than any one else know. By your letter of date of April 5th 1839 to the Secretary of the Treasury, the right of the children to the amount due the deceased is recognized and distinctly assented. And the act of May 15 1828, is distinctly therein stated to be one of the acts, the pensions under which the children and entitled to, altho no application be made for it
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in the life time of the office. I have procured the certificate of Hon. B.F. Butler who was well acquainted with the family.
As early a reply as convent will oblige
Yours truly & mo resp
[signed] Chs T. Cromwell
Page 41

affidavits
Page 42

State of New York }
Columbia County } John S. Claw being duly sworn saith That he is fifty two years old; was  born and has lived in the town of Kinderhook was Stuyvesant Landing since his birth both places being in the County above written. That he was well acquainted with Captain David Van Ness and his wife Hannah whose maiden name was Hannah Van Buren and lived near neighbor to them, until the said Captain Van Ness abandoned his wife and family, and refused to support or provide for either, until the day of his death, which took place at the City of Hudson in this County in 1828 as this deponent was informed and does verily believe. And he further states that for several years prior the abandonment of his wife he refused to recognize her as such, and was believed by this deponent, as well as by the neighborhood in which he lived ,to be an insane man in consequence of certain projects, and beliefs he had imbibed, on the subject of "perpetual motion" to test the truth of which project he wasted most of his property, besides spending most of his time.
That some years before her death the widow of Captain Van Ness, became poor and unable to provide for her own support, and she was sent to the County Poor House of this County, when she died within five or six months after her admission to said institution which death took place ten, or eleven years since  (over)
Page 43

according to the best of my recollection and beliefs.
And further this deponent saith not.
Subscribed and sworn to
this 19th of November 1847 Before me 
John J. Claw
The words “of November" inserted above was made before signing 
Sworn and Subscribed before me
This 19th day of November 1847
John P Vosburgh Justice of the Peace 

I David McAllister of the Town County & State named in the foregoing affidavit do testify and say that I am fifty six years of age, was raised and here lived all my life near Stuyvesant Landing, and that I know intimately the parties named in said statement of John J. Claw, and from my own knowledge the facts therein set forth are true; And I do further depose and say, that Hannah Van Ness who died in this County Poorhouse Eleven years since was the widow of Captain David Van Ness who was a Pensioner of United States and received his Bounty Land which, was situated in Junius in the County of Cayuga, in this State, and who died in Hudson in this County late in the year 1828. And further saith not.
David McAllister
Sworn and Subscribed to 
on the day and date above written 
John P Vosburgh Justice of the Peace
Page 44

I hereby certify that I have been well acquainted from my boyhood, with John I Clow and David McAllister and that they are men of good character and standing and that their testimony is entitled to entire credit; And I can further state that their statement with regard to the identity of the parties named in the foregoing affidavits are true. Stuyvesant 19th November 1847 
John P. Vosburgh Justice Peace
Page 45

Columbia County }
Clerk’s Office }
I James Horn Clerk of the County of Columbia
Do hereby certify That John P Vasburgh before whom the affidavit purports to have been sworn was on the day of the date of the same a Justice of the Peace in and for said County. And further that I am acquainted with the hand writing of the said Justice and verily believe the name of the said Justice subscribed to the said affidavit to be his proper hand writing and signature. 
In Testimony whereof I have hereunto set my name and affixed the Seal of the said County this 22 day of November 1847
James Horn Clerk
Page 46

Senate Chamber 
Dec 12. 1847 
Dr Sir,
Please give your attention to the enclosed paper of the [illegible, Carlist Mount?], & notify me of  your decision 
Very respy. Sir
[signed] S. Breese

J. L. Edwards Esq.
Comr of Pensions
Page 47

New York October 8 1847
Honorable James L Edwards 
Commissioner of Pensions

Dear Sir
I enclose you the declaration
of John D Van Ness asking in his behalf and that of his brother Abraham D Van Ness for the arrearage of a Pension due his mother as the maiden of Captain David Van Ness a pensioner under the act of April 18, 1818. His service will appear by papers on file. The death of his widow is proved by the keeper of the County Poorhouse of Columbia County N.Y. The marriage is proved by the oath of Abraham Vosburgh. And also by the testimony of the Reverend Benjamin Van Zandt and having the baptism of her children born in wedlock.
I am satisfied of the Justice of the claim. Will you oblige me by giving it your earliest attention and directing your answer to me under cover to Colonel James G Clinton New York City 
Yours Respectfully
Howell Cobb
Page 48

Rev Ira C. Boice
affd -
Page 49

In the matter of the heirs of Hannah Van Ness

afft shewing Marriage
Page 50

State of New York 
Columbia County

Ira C. Boice being duly sworn saith that he is the Pastor of The First Reformed Dutch Church of the Town of Claverack in the County and State above written and that the Records of said church are in his care and keeping and are now before him in which record the following words and figures plainly inscribed under the date of (in figures) "March 28th 1777 David Van Ness and Hanna van Buren “Zijn gatrouwt” The last two words meaning “were married”. The figures when written are “twenty third of March, one thousand seven hundred and seventy seven “. And he further saith that the records of the above named church commence in the month of February in the year of our Lord one thousand seven hundred and seventy seven (1777) And further this deponent saith not. 
Ira C. Boice 

Subscribed and sworn to before me this twentieth day of January 1848
Harry Richmond Justice of the Peace
Page 51

Columbia County
Clerk’s Office 

I James Storm Clerk of the County of Columbia Do hereby certify That Harry Richardson before whom the affidavit purports to have been sworn was on the day of the date of the same a Justice of the Peace in and for said County. And further that I am acquainted with the handwriting of the said Justice and verily believe the name of the said Justice subscribed to the said affidavit to be his proper handwriting and signature.
In Testimony whereof I have hereunto set my name and affixed the Seal of the said County this 21st day of January 1848
James Storm Clerk
Page 52

Pension Office
August 18th 1849

Sir,
In answer to the inquiries contained in your letter of the 24 April last respecting the case of Hannah Van Ness widow of David Van Ness. I have to inform you that a certificate was issued in her name February 1848 but is having been subsequently ascertained that a fraud had been practiced upon the Government the pension agent was directed to drop her name from the pension roll and to make no payments in the case.
It appears from testimony upon which this office places entire reliance that Hannah Van Ness the widow of David Van Ness died in 1833 consequently she could have no claim to a pension under the act of 4 July 1836. Some evidence was filed showing that Hannah Van Ness died in the Alms House in Columbia County in August 1831. If this be true there must have been two of the same name whose deaths occurred in that Institution. We are well satisfied that the widow of David Van Ness who drew a pension under the act of 18 March 1818
Page 53

and who was a Captain in the New York Line, and for whose services the claim of Hannah Van Ness was assertive; died in 1833, and could therefore, have acquired no right to a pension, 

F. G. Day Esq 
Auburn N.Y.


F. G. Day Esq 
18th August 1849
Page 54

Mch 20 /48 
Jno K Reed 
heirs of Hannah Vanness 
Widow of David
Page 55

Albany March 15th 1848
James L Edwards Esq.

Sir,
I am the agent or attorney who prepared the application for the heirs of Hannah Van Ness, widow of David Van Ness, for the pension which was due her at the date of her death.
I have just been told by Mr. Jenkins, that her name has been struck from the rolls, or the payment of the certificate suspended - and for the reason of such suspicion he refers me to Mr. Edwards. Being a stranger to the Commissioner, I solicited the aid of the Hon James G. Clinton, in causing the papers, and proofs to be presented to the Department, in the way he deemed best in order to obtain an early report - believing the claim a Just one, as all the papers, save the affidavit of the Keeper of the Poor House were executed by me, or in my presence.
Now Sir in Justice to Colonel Clinton and for the sake of the parties concerned one of whom has been waiting for more than a week, I would earnestly ask you to advise me through him, of the reason of the stopping the payment – for if the claim is not an honest one, I surely do not wish it allowed. 
I am Sir Your 
Obt Servant 
[signed] John K. Reed [or Weed]
Page 56

Before the Comr of Pensions
In relation to the claim 
of
John D Van Ness &
Abraham D Van Ness 
Statement of Proof
Page 57

Before the Commissioner of Pensions 
In the matter of the claim 
of 
John D. Van Ness and Abraham D. Van Ness  children of Hannah widow of Captain David Van Ness a Pensioner under the Act of April 18, 1818 and continued  as such under the act of 1820. 
Claiming in right of their mother in the act of July 4.
In this case the service of Capt. David Van [Ness] appears by papers on file.
His death is also proven by paper on file widow, the mother of the applicants, drew the arrearages of his pension money up to the time of [her] death which occurred in Decr. 1828 through agency of the father of the Honorable B. F. Butler. 
The death of Hannah the widow of Captain David Van Ness is proved by the affidavit of Keeper of the County Poor House of Columbia [Co] N.Y. where she died Augt. 3. 1836
The marriage of Hannah whose maiden [name] was Van Buren, to Capt. David Van Ness is proved by the affidavits of Abraham Vosburgh, and Revd. Benjamin VanZandt showing the baptism of children born in wedlock.
The above papers, all properly authenticated are on file in the office of the Comr of Pensions. 
The Commissioner does not allow the claims raising “several objections” as follows:
1st Objection “That it appears by the New York rolls Capt. Van Ness was absent without leave
Page 58

omitted in April 1778. It is necessary to s(ay) that he was honorably discharged.”
In answer to this objection I would (word cut off) that Capt. Van Ness alleges in his declaration that he received an appointment from Gove[rnor] George Clinton in the “Commissariat Department in which he served after leaving the New (York) line until the close of the Revolutionary War. Soldiers were in habit of receiving honorable discharges, but I think officers seldom are such. Capt. Van Ness’ full term of service [was] proved and he received his pension under (acts) of 1818 and 1820.
And to shew conclusively that he was honorably discharged, or transferred as he alleges, I refer to the certificate of the cle[rk of] the Assembly and the Secretary of State of [NY] showing that his full quota of bounty [land] was ballotted for and allowed to him, [which] he could not have received under the [laws] of the U.S. or the State of N.Y. unless he [was] honorably discharged or had served to the close of the war.
2nd objection - “It is necessary to prove that the [widow] Van Ness who died in the County Poor House was the widow of Captain Van Ness.” this particularly as he states in his declaration that he had no family”.
This can very easily be advised by sa (word cut off)
Page 59

that in the latter part of his life Capt Van [Ness] became partially insane and separated from [his] wife and family in search of perpetual mo[tion].  The fact of their marriage and her being [his] widow is not only proved by the Evidence [on] file, and the fact above stated of her [having] drawn the arrearage of his pension [money] after his death - but by the affidavits [of] John J. Claw, David McAllister, and [S] J Vosburgh J. P. herewith sent, properly [au]thenticated and the credibility of the deponent most strongly vouched for by certificate of the Hon. B. F. Butler late [Att.] Genl of the U.S. and now District Atty of [the] Southern District of N. Y. but his state[ment] of his own personal knowledge of Capt Da[vid] Van Ness and his whole family - and partially by his statement that he at one time filed a bill in chancery in favor of Mr. Van Ness against her husband Capt David Van Ness for alimony and a separation. The above answer relates to all the other [cut off] tion of the Comr of Pensions.
Should he require any other proof (of) identity of Mrs. Van Ness or her children doubt not the certificate of Ex President Van Buren could be had confirming eve[ry] necessary particular, but as I am informed he [cut off] relative of Mrs. V. Ness - I should prefer not to app[roach] him.
J.G.C
Page 60

Certfe of B. F Butler
Page 61

Abraham Vosburgh now of this city, but formerly of Kinderhook Columbia County, and John I Clow, David McAlister, &  John P. Vosburgh (the last named now Justice of the peace) of Stuyvesant in said county, which was formerly included in Kinderhook, are all personally known to me and I certify that full faith & credit are due to any statements made by them in relation to Capt David Van Ness formerly of Kinderhook & Stuyvesant, and his family. I believe I have once given a certificate in relation to John D. Van Ness, of Albany, a son of Capt. David Van Ness; and I
Page 62

I refer to it for the purpose of saying, since it is now requested of me that I knew him and his family perfectly well for many years; & that when he obtained his pension he was a married man, although have been informed that he made a different representation on the subject. 
He lived, for several years before his death separate from his wife, and I filed Bill in Chancery against him to obtain a formal separation, & alimony for her support. The fact of his having a [illegible, family? friend?] was as well known in Kinderhook as the like fact in relation to any
Page 63

other man in the town.
[signed] B. F. Butler
New York Decr. 6. 1847.
Page 64

Washington Feb. 10. 1848 
Dear Sir
I send enclosed additional evidence in the case of Hannah Van Ness of N. York which meets & answers your objections to an allowance of the claim. As it has been pending a long time may I ask your early attention to it & communicate to me your decision. 
Very respy.
[signed] Sidney Brull

J. L. Edwards Esq. 
Com of Pensions 
War Dept.
Page 65

Abany March 15th 1848 
Hon James L. Edwards Esq 
Sir
I am the Agent or Attorney who prepared the application for the heirs of Hannah Van Ness, widow of David Van Ness for the Pension which was due her, at the date of death of her death. 
I have just been told by Mr Jenkins that her name has been struck from the Rolls, or the payment of the certificate suspended, and for the reason of such suspension he refers me to Mr Edwards. Being a stranger to the Commissioner, I solicited the aid of the Hon James G. Clinton, in causing the papers &proofs to be presented to the Department, in the way he deemed best in order to obtain an early report - believing the claim a Just one - as all the papers, save the affidavit of the Keeper of the Poor House were executed by me, or in my presence.
Now Sir in Justice to Col Clinton & for the sake of the parties concerned one of whom has been waiting for more than a week, I would earnestly ask you to advise me through him, of the reason of the stopping the payment – for if the claim is not an honest one, I surely do not wish it allowed.
I am Sir Your
Obt Servant
[signed] John K. Weed
Page 66

New York 17th May 
My Dear Sir 
I have delayed acknowledging the receipt of your favor, respecting the pension certe.t of the heirs of Mrs Hannah Van Ness, in consequence of the absence of Mr Weed who has had the case in charge. Several years ago I met Mr Weed in company with the late Gov. Wright - Since which time I have attended to several pension case for him as Counsel - I have never known him attempt to do any thing wrong in cases when he was agent. He told me that he has forwarded the enclosed letter to the Comr. of Pensions, and desired an investigation and I have no reason to doubt the correctness of his statement 
Very Respectfully 
Your friend
[signed] Jas G Clinton 

Hon S. Breese 
U. S. Senate
Page 67

In the matter of the heirs of Hannah Van Ness
Certe. of Compr of N.Y.
Page 68

New York 6th August 1784 
Dr State of New York 
State agents certificates
To Isaac Low for certificates secd. of Van Ness & Hermans £132,14,8 
of David Van Ness 10,-,-
142,14,8 
Duplicate
Comptrollers Office
Albany 1st Feby 1848 
I certify the preceding to be a true extract from a Book file "Journal 2. Treasurers office Sept. 18, 1778 to Sept. 20, 1784.” Now remaining in this office – 
[signed] Philip Phelps Dep Comp
Page 69

[crossed out: Free]

James L Edwards Esq 
Pension Office
War Department
City of Washington

Recd. 14 July 1829

[postmark] HUDSON N.Y. [date illegible]
Page 70

Hudson N.Y. July 10. 1829 
Sir.
I have received your letter of the 1st Inst in relation to the pension of Capt Van Ness Deceased in which you refer to the act of 2d March 1829 as the authority for saying that a Revolutionary Pension cannot be devised 
Until the passage of that act, I understand that such a pension may be devised & if so, then that act does not affect the present case, for it appears from the papers which I forwarded to your department that Capt Van Ness died on the 15th of December last and that his will was executed On the 12th of that month. Now if this law of March 1829 is made to affect rights which were vested in December 1828. it is most clearly Ex post facto & unconstitutional. His view of the matter, I presume did not occur to you & from that I think you must be satisfied, that the widow & heirs of a pensioner: Could not in March 1829 acquire any right to a pension, which had been legally disposed of in December 1828
Page 71

And it appears to me, that if there was no law previous to March 1829 prohibiting the devise of a pension, such a devise prior to that period must be legal & effectual. 
I would not again trouble you in this matter if I were not strongly impressed with the belief, that my view of the Case is Correct & if I was not also advised by legal Gentlemen here that it is so. 
I am Very Respy 
Yr Pbt Servant 
[signed] J. W. Edmonds 

James L Edwards Esq 
Pension Office.
Page 72

Auburn N. Y. April 24 1849

Sir,
In behalf of Abraham D Van Ness and the surviving children of Hannah Van Ness widow  of David Van Ness who was an officer in the Revolutionary War allow me to ask a reply to the following questions, 
In 1848 on or about 4th of March a certificate for a pension was granted to the surviving children of Hannah Van Ness widow of Abraham Van Ness by mistake and should have been “widow of David Van Ness”. This certificate was received by John H. Weed of the City of New York soon after that time when the mistake was discovered and Mr. Weed retained it to have the mistake corrected since that time the person at whose request I trouble you has not been able to learn from Mr. Weed the situation of the matter,
The questions to which your answer is solicited are:
1 Has said certificate been corrected, if so when, and to whom has it been delivered?
2d Has the amount named therein been paid to any person, if so to whom, where, the amount, and upon what vouchers,
3d By whom was the power of attorney executed upon which the money was paid, if paid
Mr. A. D. Van Ness is and old gentleman and is
Page 73

very solicitous about the matter, and your answer will quiet his mind in the matter.
He and myself have written Mr. Weed in the matter several times and are unable to get any reply from him.
He thinks Mr. Weed's silence rather queer although he by no means thinks he (Weed) is culpable in any respect,
Your early answer will confer a favor on the claimant as well as place me under renewed obligations for many favors from your department 
Yours Respectfully, 
[signed] F. G. Day

Hon. J. L. Edwards 
Washington
Page 74

New York 28 November 1853

Sir,
I would respectfully ask you to cause a report to be made to the application of John D Van Ness and Abraham D Van Ness the only surviving children of Captain David Van Ness a pensioner of the United States under the act of Congress of April 1818 and who survived the act of May 1828 which entitled him to the benefit of the last act being $244 per annum from the 3rd day of March 1820 to the day of his death.
The declaration of John D Van Ness and proofs accompanying it were presented to the department early in 1852 through Colonel Barrett. I am 
with the highest respect
Your obedient servant 
Henry Ogden

L. P. Waldo Esq
Commissioner of Pensions 
Washington
Page 75

Auburn, NY. Jany 16th 1854 
Honl L P Waldo
Comr of Pensions, 
Sir 
Herewith I send Power of Attorney in case of Abraham D Van Ness, one of the sons, and heirs of David Van Ness deceased, who was a Captain in the New York Line, and under command of Genl Scuyler, and afterwards a Commissary under Govr George Clinton.
It seems that a certificate was issued on application of John D Van Ness the brother of Abraham D Van Ness to “Hannah Van Ness, widow of Abraham Van Ness," (instead of Hannah Van Ness, the widow of David Van Ness, as it should have been,) and returned on account of the error. 
Since which time (1848) it seems that no other certificate has been issued. 
Will you please inform me as to the condition of the case, and what is necessary to be done, further, if any thing, to enable the children of David Van Ness to realize the
Page 76

benefits to which they are entitled, on account of the Widow. 
Your early attention to the subject will much oblige 
Yours truly 
[signed] H H Bostwick
Page 77

Payment to be made at Albany by T. W. Olcott Esq Agent for paying Pensioners, in the Agency of Albany New York 

Recorded in the Pension Office, in Book C Vol. 1 Page 133 by Th Lumpkin, Clerk.
Page 78

WAR DEPARTMENT. 
REVOLUTIONARY CLAIM. 
I certify that, in conformity with the 3d section of the law of the United States, of the 4th July, 1836, Hannah Van Ness of New York widow of Abraham Van Ness who was a Captain is entitled to receive Three hundred & 31 dollars and 33 cents per annum, during the time she may remain unmarried, commencing on the 4th of March, 1831, and [crossed out: payable semiannually on the 4th of March and 4th of September] terminating 3rd August, 1836 when she died 
Given at the War Office of the United States, this 23 day of Feby one thousand eight hundred and forty eight

Payable to Jno. Van Ness & Abraham Van Ness only children living

Secretary of War.

Examined and Countersigned.
Commissioner of Pensions.
Page 79

Auburn NY. Nov 4th 1858. 
Hon Geo C. Whiting 
Comr of Pensions 
Sir 
Herewith I send Power of Attorney in the matter of Pension Claim on acct of the Revolutionary services of Capt David Van Ness. 
The claim has as I am informed, been pending several years. And that some action has been taken on it. Will you please inform me as to its condition 
Your early reply will be esteemed a favor.
Yours truly 
[signed] H H Bostwick
Page 80

Auburn NY. Nov 16th 1858 
Honl Geo C Whiting 
Comr of Pensions 
Sir
In reply to you letter of the 12th inst in the case of Pension on account of the services of Capt David Van Ness I would say that I supposed it to be a matter due David Van Ness, at the time of his death, in the nature of commutation. The person who executed the Power of Attorney is a son of one of the children of David Van Ness, his father having died about a year since at this place, leaving him one of the heirs-at-law of David Van Ness 
Yours truly 
[signed] H H Bostwick
Page 81

Pension Office 
Nov. 12" 1858. 
Sir.
In reply to your letter of the 4" Instant You are informed that the claim for the pension due Halmah Van Ness at her death as the widow of Capt. David Van Ness under the act of 4" July, 1836, was allowed to Jno. D. & Abraham Van Ness her only surviving children On the 23” day of Feb. 1848. 
The payment of said allowance appears to have been refused on the ground, that it was immediately ascertained after the allowance that the widow of Capt: Van Ness. died in 1833, instead of August. 1836. 
There can be nothing due the heirs of Hannah Van Ness under existing pension law 
Your power of Atty. is executed by one Jno. R. Van Ness. The proof filed in the case originally showed, that there were only two surviving children Named as above.

H.H. Bostwick Esqr.
Auburn, N.Y.
Page 82

Ann Durkee a child of Capt David Van Ness N.Y.
Pension under act 1818. Columbia Co New York. 
Papers wanted for examination. – admitted case
[light writing illegible]

J. D. Woodward atty 
present
Page 83

State of New York County of C ss.
On this twenty third day of November 1854 before the subscriber a Justice of the Peace in and for said County personally appeared Ann Durkee - a resident of the city of Brooklyn in said County aged sixty six years and made oath according to law that he is directly interested in a claim against the United States for certain arrears of half pay or increase of pension, supposed to be due to her as the child of Capt David Van Ness [illegible] Genl Van Ness and she hereby appoints J. DOUGLAS WOODWARD, Counsellor at Law, of Plattsburg, N. Y., his Attorney to prosecute said claim, and examine all papers and documents in relation thereto, on file in any of the Departments at Washington City or elsewhere, and to receive from the officer authorised to issue the same, a certificate for any arrears or increase of pension to which Deponent may be entitled, and to do all other acts and things in and about obtaining such arrears or increase of pension as Deponent might or could do, were he personally present at the doing thereof; and he hereby revoke all former powers if any inconsistent with the above, and authorizes h said Attorney to appoint Attorneys, one or more, under him, for any or all the purposes aforesaid, hereby ratifying and confirming whatsoever Deponent's said Attorney or those appointed under him shall lawfully do or cause to be done in the premises. In witness whereof the said Deponent has hereunto set her hand and seal the day and year first above written. 
[signed] Ann Durkee
In the presence of N P Curtis {or H P Curtis]
Sworn to, Subscribed and Acknowledged, before me, on the day and year first above mentioned, and I believe the Deponent to be directly interested in the claim above mentioned, and the identical person therein alleged and described, and I have no interest in the result of said claim and am not concerned in its prosecution. 
[Note: remainder of document covered by clerk's certification. See following page]

STATE OF NEW YORK, 
COUNTY OF KINGS. } ss.
I, CHARLES A. DENIKE, Clerk of the County of Kings, DO HEREBY CERTIFY, that H. P Curtis whose name is subscribed to the Certificate of Proof, or acknowledgment of the annexed Instrument, and thereon written, was, at the time of taking such proof or acknowledgment, a Justice of the Peace, in and for the said county, dwelling in said county, elected and sworn, and duly authorized to take the same. And further, that I am well acquainted with the hand writing of such Justice, and verily believe the Signature to the said Certificate of Proof or acknowledgment is genuine. 
In Testimony Whereof, I have hereunto set my hand, and affixed the Seal of said County, this 23d  day of Nov 1854
[signed] C. A. Denike  Clerk.
Page 84

State of New York County of C ss.
On this twenty third day of November 1854 before the subscriber a Justice of the Peace in and for said County personally appeared Ann Durkee - a resident of the city of Brooklyn in said County aged sixty six years and made oath according to law that he is directly interested in a claim against the United States for certain arrears of half pay or increase of pension, supposed to be due to her as the child of Capt David Van Ness [illegible] Genl Van Ness and she hereby appoints J. DOUGLAS WOODWARD, Counsellor at Law, of Plattsburg, N. Y., his Attorney to prosecute said claim, and examine all papers and documents in relation thereto, on file in any of the Departments at Washington City or elsewhere, and to receive from the officer authorised to issue the same, a certificate for any arrears or increase of pension to which Deponent may be entitled, and to do all other acts and things in and about obtaining such arrears or increase of pension as Deponent might or could do, were he personally present at the doing thereof; and he hereby revoke all former powers if any inconsistent with the above, and authorizes h said Attorney to appoint Attorneys, one or more, under him, for any or all the purposes aforesaid, hereby ratifying and confirming whatsoever Deponent's said Attorney or those appointed under him shall lawfully do or cause to be done in the premises. In witness whereof the said Deponent has hereunto set her hand and seal the day and year first above written. 
[signed] Ann Durkee
In the presence of N P Curtis {or H P Curtis]
Sworn to, Subscribed and Acknowledged, before me, on the day and year first above mentioned, and I believe the Deponent to be directly interested in the claim above mentioned, and the identical person therein alleged and described, and I have no interest in the result of said claim and am not concerned in its prosecution. 
[signed] N P Curtis City of Brooklyn Kings County N.Y.
Justice Peace.

[Note: clerk’s certification below is not filled out because a separate certification has been attached over this certification and is transcribed on the preceding page]
State of [blank] County of [blank]  ss.  I, the subscriber, Clerk of said County, certify that [blank] before whom the above affidavit and Power …  [acknowl]edged on the [blank] day of [blank] 185 was … the Peace in and for said County duly qualified, and that I verily believe his signature … [genu]ine; and I have no interest in the result of the claim to which the foregoing paper re- … ned in its prosecution. Witness my hand and official seal at [blank] day of [blank] 185 .
Clerk.
Page 85

POWER OF ATTORNEY AND CERTIFICATE. 
Know all men by these presents, That I, Abraham D Van Ness of the County of Cayuga and State of New York do hereby constitute and appoint H. H. Bostwick, of Auburn, N. Y., my true and lawful attorney, irrevocable, for me and in my behalf, to prosecute my claim for pension money, Back pension, arrearage or other benefit to which I may be entitled as a child and one of the heirs at law of David Van Ness, and Hannah Van Ness, on account of the benefits of Pension to which said Hannah Van Ness was entitled of for the Revolutionary services of said David Van ness, and to receive such certificate as may be issued, and to appoint one or more attorneys under him for the purposes aforesaid, hereby revoking any power of attorney which may have been heretofore given, and confirming all things that my attorney, the said H. H. BOSTWICK, may lawfully do in the premises. 
In testimony whereof, I have hereunto set my hand and seal this 16th day of January A. D. 1854. 
[signed] Abraham D. Van Ness “SEAL.”
Acknowledged before me the day and year last above written 
[signed] J H Bostwick JUSTICE OF THE PEACE. 

STATE or New York 
County of Cayuga } ss.  I, B. B. Snow Dep Clerk of the court of Record within and for the county and State aforesaid, do hereby certify that James H Bostwick before whom the foregoing acknowledgment was taken, was at the date thereof an acting justice of the peace, duly elected and authorized to take the same. 
In testimony whereof, I have hereunto set my hand and affixed the seal of said court this and 18th day of January A.D. 1854.
[signed] B B Snow  Dep Clerk. (Clerk absent)
Page 86

POWER OF ATTORNEY AND CERTIFICATE. 
Know all men by these presents, That I, John Van Ness of the County of Cayuga and State of New York do hereby constitute and appoint Henry H. Bostwick, of Auburn, N. Y., my true and lawful attorney, irrevocable, for me and in my behalf, to prosecute my claim for whatever back pension or other benefit I may be entitled as one of the heirs at law of Capt David Van Ness on account of the military services of the said David Van Ness in the service of the United States in the Revolutionary War or to which the said Daniel Van Ness entitled to, but died without receiving; and to receive such certificate entitled to, as may be issued; and to appoint one or more attorneys under him for the purposes aforesaid, hereby revoking any power of attorney which may have been heretofore given, and confirming all things that my attorney, the said Henry W. Bostwick may lawfully do in the premises. 
[signed] John R Van Ness
In testimony whereof, I have hereunto set my hand and seal this 4 day of November A. D. 1858. 
In the presence of 
[signed] C. J. Hulbert L S Graves 
Acknowledged before me the day and year last above written. And I certify that I am satisfied that the said John Van Ness is an heir it law of said David Van Ness 
[signed] Chas J. Hulbert commissioner of deeds 

COUNTY CLERK' S CERTIFICATE 
STATE OF New York 
Cayuga County Clerk’s Office } ss:
I hereby certify that Chas J Hulbert before whom the foregoing acknowledgement was taken, was at the time of taking the same, a commr of Deeds in and for the City aforesaid, duly elected and authorized to take the same, and that the signature thereto purporting to be his, is genuine. 
IN TESTIMONY WHEREOF, I hereto set my hand and affix the seal of said county, and of the Court of Record thereof, this 5 day of November 1858.
[signed] E. B. Mawin County Clerk. Cayuga County. 

This is for Capt. David Van Ness. The case one adjudicated is that of Capt. Abm.
Page 87

Certificate of
Secy of State N.Y.
Page 88

Extracts from the minutes of the Commissioners of the Land Office. 
At a meeting of the Commissioners of the Land Office of the State of New York held at the Secretarys office in the City of New York on Thursday the 2d day of September 1790 
Present 
His Excellency George Clinton Esquire Governor 
Lewis A. Scott Esquire Secretary 
Aaron Burr Esquire Attorney General 
Gerard Bancker Esquire Treasurer 
The board proceeded to examine the claims of several persons who served in the late army of the United States coming under the descriptions specified in the following resolutions to wit: 
“Resolved that all such officers and soldiers who were engaged to serve in the late army of the United States during the War and were returned as part of the quota of this State and were or would have been entitled to or did receive their depreciation from it but who died or were killed in actual service are entitled to the gratuity of lands from this State" 
“Resolved that all such officers and soldiers as were engaged for and served to the end of the war, in any Regiment or corps in the late army of the United States and who were returned as part of the quota of this State and received their depreciation from it are entitled to the gratuity of lands from this State, but that before balloting take place for them they file with the Secretary satisfactory evidence that they come within the above description.”
At a meeting of the Commissioners of of the Land Office of the State of New York held at the Secretarys office in the City of New-York on Monday the 13th day of September 1790
Page 89

Present 
Lewis A. Scott Esquire Secretary 
Gerard Bancker Esquire Treasurer 
Aaron Bever Esquire Attorney General 
Peter T. Curtenius Esquire Auditor 
A list of the several descriptions of persons determined by a resolution of the board of the second of September instant to be entitled to bounty and gratuity lands by the resolutions and laws of this State for Military services having been lodged with the Secretary, the board proceeded to examine the same; and satisfactory evidence having been offered to the board, that the persons therein named came as within the said description the board caused their names to be entered on the book heretofore prepared for the purpose by the Secretary and proceeded to ballot for their lots immediately."
“At a meeting of the Commissioners of the Land Office of the State of New York held at the Secretary's office in the City of New York on Saturday the 29th day of January 1791. 
Present 
Lewis A. Scott Esquire Secretary 
Gerard Bancker Esquire Treasurer 
Peter T. Curtenius Esquire Auditor 
The Secretary laid before the board Maps of two Townships made by the Surveyor General and filed in the Secretary's office pursuant to a resolution of this board of the 31st day of July 1790 of the lands set apart for the purposes of bounty and gratuity to such persons as are entitled to the same by concurrent resolutions of the Senate and assembly of the 27th of March 1783, and the eleventh clause
Page 90


of the act entitled “an act for granting certain lands promised to be given as bounty lands by laws of this and for other purposes therein mentioned" passed the 11th of May 1784, on each of which said maps the said townships respectively are subdivided into one hundred lots as nearly as may be, each lot containing Six hundred acres. 
Whereupon the board caused one of the said Townships to wit, Township No. 26 and the lots thereon respectively to be numbered agreeable to law, and the Township to be designated by the name of the Township of Junius; and they also caused ballots for the said lots to be prepared and put into the balloting book.”
Extract from the Balloting book of the Commissioner of the Land Office
Commissioned Officers 

[BEGIN TABLE]
Names & Rank   Regt.    Township    Lots    Acres    Date  
Van Ness David Capt.  |  1st  |  26  |  57  |    |    |
Van Ness David Capt.  |  1st  |  26  |  46  |    |    |
Van Ness David Capt.  |  1st  |  26  |  56  |    |    |
[END TABLE]

State of New York 
Secretary's Office }
I certify the preceding to be true Extracts from the minutes of the commissioners of the Land office and from their balloting book Deposited in this office. 
And I further certify that there is no number of acres or date of balloting set opposite to the said three lots of land drawn
Page 91

to the name of the said Capt David Van Ness, and that no Letters patent were issued for the same until the year 1820: That on the 8th day of April 1820 on act was passed by the Legislature of this State entitled "An Act relative to certain unpatented lots in the Military tract.” That by the first section of said act "The commissioners of the Land Office are authorized and directed to cause to be issued Letters patent in such form as they may deem proper to David Van Ness a captain in the first New York Regiment in the line of the revolutionary army of the United States for Lots Number Forty six Fifty Six and Fifty Seven in the Township of Junius in the Military Tract” Viz. That the second section of the said act is in the words following: "and be it further enacted that the said Letters patent so to be issued shall be deemed and taken in law to have the like effect as to the title to the said lots respectively in all respects, in all courts and places as if the same had been duly issued on the Eighth day of July one thousand seven hundred and ninety.”
And that pursuant to the said act Letters patent were issued granting to the said Captain David Van Ness for the said Lots No. 46. 56 and 57 in the Township of Junius in the Military Tract County of Seneca Each lot containing 600 acres more or less 
[signed] Archd. Campbell Dep Sec. of State

Albany April 10. 1847
Page 92

State of New York 
City & County of Albany  } ss 
I Barent P. Staats of the City & County above written do testify & say that I have been well acquainted with Abram D Van Ness and John D Van Ness the sons of Captain David Van Ness formerly a resident of Columbia County in this State The above named Capt David Van Ness was reputed and generally believed to have been an officer in the Revolutionary War, and a Pensioner several years before his death, which took place as I was informed & do verily believe some time in Dec 1828. The said Abram & John D Van Ness I do believe are the only surviving children of Capt. David Van Ness - John D Van Ness who who is said to have made a Declaration for arrears of Pension due his Father on the 18th Inst is a person of truth & veracity, & his statement entitled to entire credit - I have been acquainted with him & his brother more than thirty years –
[signed] Barent P. Staats
Sworn to and last subscribed this 19 December 1846 before me 
[signed] Abm Morrell J. P. 

Albany County ss  I certify that I am personally acquainted with Barent P. Staats the gentleman who made the foregoing affidavit, that he is a person of good moral character, of strict veracity & integrity & that full credit is due to his deposition 
Dated Dec. 19. 1846 
[signed] Abm Morrell Justice of the Peace
Page 93

State of New-York, 
City and County of Albany, Clerk’s Office, } ss. 
I, WILLIAM MIX, Clerk of the said City and County, do hereby Certify, that Abraham Morrell 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 Justice of the Peace 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 Justice and verily believe that the signature to the said Certificate of Proof of Acknowledgment is genuine. 
In Testimony Whereof, I have hereunto set my hand, and affixed my official seal, this nineteenth day of December 1846. 
[signed] William Mix Clerk.
Page 94

State of New York 
City & County of Albany } ss
I Anson McAllister a resident of this City do testify and say that I am a native of Kinderhook in the County of Columbia in this State and have been well acquainted with the family of Capt David Van Ness formerly of said Kinderhook for more than forty years - Abram D Van Ness of Auburn in this State and John D Van Ness of this City are the only surviving children of Capt David Van Ness, who was an officer in the Revolutionary War, and a pensioner under the act of Congress passed March 18, 1818 - and recd such Pension until his death which took place on the 14th day of Dec 1828 - and I made a record of his death at the time 
[signed] Anson McAllaster 
Subscribed and Sworn to this 19 day of December 1846 Before me
[signed] Abm Morrell J P 

Albany County ss
I certify that from information upon oath and otherwise the above named Anson McAllaster  is a man of good moral character, of integrity and Veracity & that full faith and credance may be [illegible] in his deposition aforesaid December 1846
[signed] Abm Morrell Justice of the peace
Page 95

State of New-York, 
CITY AND COUNTY OF ALBANY, CLERK’S OFFICE, } ss.
I, WILLIAM MIX, Clerk of the said City and County, do hereby CERTIFY, that Abraham Morrell, 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 Justice of the Peace 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 Justice and verily believe that the signature to the said Certificate of Proof or Acknowledgment is genuine. 
In Testimony Whereof, I have hereunto set my hand, and affixed my official seal, this Nineteenth day of December 1846. 
[signed] William Mix Clerk.
Page 96

Certificate of
Sec. of State of NY.
Page 97

State of New York 
Secretary's Office }
I certify that it appears by the Military Register in this office that David Van Ness was a captain in the First New York Regiment command by Col. Goose Van Schaick: that his commission was dated November 21, 1776. was absent without leave and Omitted May ‘78. 
[signed] Archd. Campbell Dep Sec of State

Albany Nov. 17. 1847
Page 98

State of New York 
City and County of New York } ss
Abraham Vosburgh a resident of the City being duly sworn saith that he is 81 years of age that he was born in Kinderhook Columbia County, and in the early part of his life lived next door neighbor to Captain David Van Ness and his wife Hannah whose maiden name was Hannah Van Buren  That they were married at some period during the Revolutionary War and that two of their children Sarah and Abraham were born before the close of the said war 
That the said Captain David Van Ness died sometime in the fall or early in the winter of 1828 as this deponent was informed and does verily believe and his widow survived him and did not intermarry after the death of her said husband until her death which took place at the County poor house in Columbia County as he believes sometime in the summer of 1836  That he has been well acquainted with Abraham Van Ness who now resides at Auburn in the County of Cayuga in this state and John D Van Ness of Albany City and County who are the sole and only surviving children and heir at law of the said Hannah Van Ness both of whom he was well known from their early infancy to manhood and often has intercourse with them unto this time and further this deponent saith not 
[signed] Abm Vosburgh
Sworn before me this 14th of September 1847
[signed] C. J. Bushnell Commr. of Deeds in & for the City & County of New York & duly authorized to administer oaths &c
Page 99

I Charles J. Bushnell, Commissioner appointed by the Governor of the State of New York, to administer oaths & affirmations, & to take affidavits, & the proof & acknowledgment of deeds &c to be used or recorded in the said State of New York, & duly commissioned & sworn, do hereby certify that I am well acquainted with Abraham Vosburgh, the deponent above named & that I have been acquainted with him for the last twenty years, that I know him to be a man of undoubted veracity, and his statements are therefore fully entitled to entire credit 
[signed] C. J. Bushell Commissioner of Deeds in & for the City & County of New York & duly authorized to administer oaths &c
Page 100

STATE OF NEW-YORK,
CITY AND COUNTY OF NEW-YORK, } ss.
I, James Conner, CLERK of the City and County of New-York, DO HEREBY CERTIFY, That Chas. J Bushnell whose name is subscribed to the Certificate of the proof or acknowledgment of the annexed instrument, and thereon written, was, at the time of taking such proof or acknowledgment, a Commissioner of Deeds for said City and County, dwelling in the said City, commissioned and sworn, and duly authorized to take the same. And further, that I am well acquainted with the handwriting of such Commissioner, and verily believe that the signature to the said certificate of proof or acknowledgment is genuine. 
In Testimony Whereof, I have hereunto set my hand, and affixed the Seal of the said County, the 30 day of Sept 1847 
[signed] James Conner  Clerk.
Page 101

Afft of Edwd O Holley
In the matter of the heirs of Mrs Hannah Van Ness
affidavit
Page 102

State of New York 
Columbia County } S.S. 
Edward O Holley a resident of the City of Hudson in said County being duly sworn saith that he is sixty four years of age, and was one of the Committee named in the paper hereunto annexed, and for the purpose therein named. That he was well acquainted with the late Hon D B. Tallmadge, the Secretary of said meeting, and his hand writing; and that the signature, as secretary affixed to said resolution on the first of September is genuine: said document dated 1824. That the visit contemplated in said resolution, did take place in this City, he thinks, on the 24th day of September of that year, and that Capt David Van Ness, who was then a Pensioner, and a resident of this City, did appear, and headed severel Carriage loads of old Soldiers of the Revolution pursuant to this appointment, and that on the meeting which then took place between Genl La Fayette, and Capt David Van Ness, the latter was immediately recognised by the Genl as an officer of the Revolution, and also of an old Sword, which was presented by Genl La Fayette to Capt Van Ness, at the time of the Revolution. Said Sword being there & then Exhibited by the said Capt. Van Ness. 
This deponent further states, that the opinion was general in this neighborhood and by himself also, that Capt Van Ness performed his duty faithfully, and that he served in some capacity until nearly the close of said war, and he has often heard him state, that he did not receive the whole pay, which was due him for his services, and that in the latter part of the war he served in some capacity as Commissary, some part of which service was at Red Hook in Duchess County.
[signed] Edward O. Holley
Sworn before me this 22nd day of Jany 1848 
[signed] R P Skinner Recorder of Hudson
Page 103

I hereby certify that Edward O Holley the within deponent is well known to me & has been for a number of years past & that he is a man of high standing in the community in which he lives & entitled to full credit 
[signed] R P Skinner Recorder of Hudson
Jany 22d 1848
Page 104

Resolved. 
That Capt David Van Ness be a Committee to ascertain the number & name of Revolutionary officers & soldiers in the Counties of Columbia & Greene & Report to this board. And that Capt Van Ness Invite them to attend in the City of Hudson on the day to be hereafter notified to assist in doing the Honors of Reception to Genl La Fayette
1 Sepr. 1824
[signed] Rufus Reed  Chairman of Committee of [illegible]
J B Tallmadge Secretary
Page 105

Albany March 7. 1848 
James L. Edwards Esquire 
Commissr. of Pensions, 
Sir, 
On the 23d of Feby you instructed the agent here, to pay to the children of Hannah Van Ness widow of Abraham Van Ness, a capt. $331.33 per annum from 4 March 1831 to 3d August 1836.
I have reason to believe that there is a great mistake in this matter, or that a gross fraud has been practised upon your office in regard to this claim. If I am correct John D. Van Ness & Abm. Van Ness, the children named in the pension Certificate on the sons of David Van ness & Hannah - I think you will not find Abraham Van Ness among the Captains who served in the New York line of the Revolutionary Army, but you will find David Van Ness –
some time in the fall of 1846 I was employed by John D. Van Ness of this City, to prosecute the claim of his mother Hannah, Widow of David, for a pension  I undertook it & went to sone considerable expense to obtain proof of the marriage. Leaming that his mother had been an inmate of the Poor House of Columbia County and died there I applied to the Superintendent of that Institution for proof of the time of her death, and received from them a Certificate a copy of which I enclose, stating that she died on the 10th November 1833. Finding that she died
Page 106

before the passage of the act of 4 July 1836, I abandoned the claim 
I have no doubt that it is the same claim you have recently allowed, and think it my duty to communicate the facts I have stated 
I wish this communication to be considered confidential unless the requirements of public justice should otherwise demand. I write in haste, having much to do in the Pension Office 
I will add that a person whose name I do not know made inquiry about that case to day, & mentioned in the course of conversation that there was a mistake in the name of the Husband of Hannah Van Ness, that it ought to have been David instead of Abraham, but that he supposed it and make no difference, as the children claimed in right of their mother - I told Him it did make a difference, & the error must be corrected before payment was made. No papers have yet been presented for payment, & if they should be it will not be paid until further instructions from you. 
I am, Sir, 
Very respectfully 
Your obed Servt
[signed] Lemuel Jenkins.
Page 107

(Copy) 
Philip I Miller, Fredk W. Everest and Wm. A. Carpenter Superintendent of the Poor in & for the County of Columbia Certify that from the record of Minutes of the County Poor House, that Hannah Van Ness of the Town of Stuyvesant in said County was received in said County Poor House on the seventh day of October in the year eighteen hundred & thirty three, and that she died on the tenth day of November of the same year – 
Given under our hands at Columbia County Poor House at Ghent this 2nd day of December 1846 
(signed) Philip I Miller 
(do) Fredk. W. Everest 
(do) Wm A. Carpenter
Page 108

Certificate of
Clk Assembly N.Y.
Page 109

State of New York
In Assembly 
January 25, 1820

A communication from the Commissioners of the Land Office, relative to unappropriated lands in the Military Tract, was read in the words following, to:

State of New York Land Office 
Albany January 25, 1820
In obedience to a concurrent resolution of the Senate and Assembly of the 29th March and 3rd of April 1819 requiring the commissioners of the land office not to sell till after the present session of the legislature certain lots balloted for but not patented to satisfy certain claims for military services during the revolutionary war and directing a notice to be published in the newspaper printed by the printer to the state and in all the public newspapers printed in the counties of Onondaga, Cayuga, Seneca, Tompkins, Broom, Cortland and Oswego, specifying those lots and requiring possessions of them respectively to report to the said commissioners before the present session of the legislature, “all the circumstances respecting their possessions” and requiring the commissioners to report their proceedings to the legislature at the present session the commissioners respectfully report:
That the following lots in the military tract have been balloted for but not patented to:
Bartholomew J Van Valkenburgh, reports, that in the year 1792 he received notice from Major Connolly that the two
Page 110

lots above mentioned were balloted to him for his services in the war; that soon after he paid the survey bill and in the year 1799 or 1800 took possession and made improvement on each of the lots by clearing land and planting orchards. 
That about the year 1794 or 1795 in company with Captain David Van Ness Junior he waited on George Clinton then Governor of this state for his patents; that the Governor informed him he could have his patents and was entitled to them but that it was unnecessary to go to the expense as his name with the number of the lots were registered in the land office agreeable to a law of the state and that neither this state nor  the United States could take them from him, his heirs or assigns. This declaration of the Governor, together with the scarcity of money were his only reasons for not obtaining the patents resting assured that his title was good without them. 

It appears from the minutes of the land office of the first of July 1790 that the following resolution was passed viz:
Resolved that whenever any person’s claim is allowed and his lot or lots balloted for and an entry thereof made in the said book (meaning the balloting book) the same shall be a sufficient warrant for the secretary to prepare the letter patent for the same and deliver them to the original proprietor, purchaser, attorney, heir, executor or administrator and to his Excellency the Governor to affix the great seal thereto. 
The reason why patents for the lots mentioned in this report have not been issued probably is either that the persons to whom they were balloted thought their titles sufficiently secure without taking out the patents (as appears to have been
Page 111

the case with Lieut Van Valkenburgh and Capt Van Ness) or that it had been subsequently discovered by the commissioners, that they were not entitled to such patents; and this probability is confirmed by the circumstances that several of the notes made in the balloting book, appear in the hand writing of Michael Connelly, who was paymaster of one of the regiments, and who, as the agent for the troops in the line of this State, made out the returns which governed the commissioners in the balloting of the lots in the military tract 
All of which is respectfully submitted 
John Taylor Lieut Governor 
Simeon Dewitt Surveyor General 
Arch’d McIntyre, Comptroller 
Thos. J Oakley Attorney General 
J. V. N. Gates, Secretary 
Gaml L. Dox Treasurer” 

State of New York 
Assembly Chamber, SS: 
I certify that the preceding are true extracts from an original Report of the Commissioner of the Land Office of this State made to the Legislature on the 25th day of January 1820, and now deposited in the Library of the House of Assembly.
Witness my hand and seal of Office this 18th day of November, in the year one thousand eight hundred and forty seven.
[signed] J. B. Pringle Clerk of Assembly
Page 112

Certificate of Mrs
Van Ness death
Page 113

State of New York 
Columbia County } ss. 
Abraham F Miller a Resident of said County being duly sworn saith that he is the Keeper or Overseer of the County Poor House in said County and that the records of said Institution is in his care, and now before him, in which Book of Records the following Entries appear, Viz. “Hannah Van Ness, "Admitted {March 14" 1836} March fourteenth Eighteen hundred and thirty six. from the Town of Kinderhook Died {August 3 1836} August third Eighteen hundred and thirty six and further this deponent saith not 
[signed] Abraham F. Miller
Sworn to before me this 25th day of September 1847 
[signed] Chas H Collins Justice 
I certify that I am well acquainted with Abraham F Miller who has subscribed and sworn to the above Affidavit that he is a person of truth and veracity and his Testimony is entitled to Entire Credit. 
[signed] Chas H Collins
Page 114

Columbia County, 
Clerk's Office, } ss.
I, James Storm Clerk of the County of Columbia, Do hereby certify, That Charles H Collins Esquire before whom the above affidavit purports to have been sworn, was on the day of the date of the same, a Justice of the Peace in and for said County. And further, that I am acquainted with the hand writing of the said Justice, and verily believe the name of the said Justice subscribed to the said affidavit, to be his proper hand writing and signature. 
In Testimony whereof, I have hereunto set my name and affixed the Seal of the said County, this 27. day of September 1847 
James Storm  Clerk.
Page 115

In the matter of the heirs of Hannah Van Ness 
Certe. of the Comptr. of N.Y.
Page 116

Auditors Office
December 4th 1792 
The auditor of the State respectfully Reports to the Honorable the Legislature that pursuant to concurrent resolutions of the Senate and Assembly of the 5th April and pursuant to an act of the 6th April last Entitled an Act to authorizing the Treasurer of this State to pay to sundry persons the several sums of money therein mentioned a number of State agents certificate have been presented to him amounting to one thousand seven hundred and nine pounds four shillings and eleven pence three farthings principal as pr. particular list hereunto annexed, all which he has examined and satisfactory proof has been produced to him that the supplies therein specified have been furnished and the services performed and that no payment has been made for the same on the part of this State - as will appear by the vouchers herewith delivered – 
The following is a list of the Certificates presented to the Auditor in pursuance of concurrent Resolutions of the Senate & Assembly passed the 5th April 1792 & in pursuance of an act entitled to authorize the Treas. of this State to pay to sundry persons the several sums of money therein mentioned passed the 6th April 1792 all which Certifs. were issued in pursuance of an Act entitled an Act to provide supplies for the use of the Army & passed the 24th June 1780.

[BEGIN TABLE]
Date When presented to the Auditors  Number of Certificate  Date when interest commences  By whom Counter Signed   To whom Issued   For what issued   Amt. of Each Certificate   Total Amt. of Certificate
1792 Augt. 27 | 10.995 | 1781 February 22 | James Monell | Andrew Trumpore | wheat | 1:4:-
28 | 11.822 | 1780 October 27 | Daniel Fier | Abm. Underdunck | Hay | 4:10:-
28 | 5.326 | 1780 December 7 | David Van Ness | Philip Bonesteal | Rye | -:12:-
28 | 5.325 | 1780 December 7 | David Van Ness | Philip Bonesteal | Corn & Transportation | 9:6:-
28 | 13.037 | 1780 December 30 | David Van Ness | C Frits | Wheat | 13:4:-
28 | 13.101 | 1780 October 20 | David Van Ness | Closs Viley | A Corn | 7:14:- 
Novemr 29 | 8.723 | 1781 March 25 | David Van Ness | Widow Elmendorph  | Flour | 12:16:-
30 | 12.191 : 1781 August 24 | John Stagg | Steph. Gernee | Oats | 2:4:-
[END TABLE]

Comptrollers Office
Albany 1st Feby. 1848 }
I certify the preceeding to be a true extract from a Revolutionary document now remaining in this office 
[signed] Philip Phelps Dep Compr
Page 117

In the matter of the heirs of Hannah Van Ness 
Certe. of Comptr. of N. Y.
Page 118

General Return of short Forage &c purchased and delivered under the Direction of Udney Hay agent for the State of Newyork from the 1st August 80 to 1st October 1781 as yet have been received from his assistants

[NOTE: the bulk of this page is figures. I am only transcribing the heading and the names]

Rye   Indian Corn  Buckwheat  Oats  Bran  Barley  Pease  Wheat  Species and Quantity  purchased
By whom Purchased 
John Stagg  Joseph Wood  Peter Van Ness  Messrs Stoutenburgh & Lash  David Van Ness  Melancton Smith  James Monell  William Brown  John Haynes  Derick Wynkoop  John Fish  Leonard Bunk  John J. Bleecker  Hendk. Wyckoff  Philip Lansing  Udney Hay

State of New York 
Comptrollers Office }  I certify that the preceding is a true copy of the original now on file in this office 
Albany Feb 3 1848
[signed] Philip Phelps Dep Compt
Page 119

Stuyvesant Columbia County 
The Honl Henry Louis McLane 
Secretary of the Treasury
Sir  Enclose the affidavit of Hannah Van Ness the widdow of David Van Ness Decd a revolutionary pensioner to geather with my own affidant & Mrs Griffings a daughter of Van Ness a Morris M [illegible] in whose [illegible] Van Ness decd at the City of Hudson which I think will be sufficient to satisfy you that the applicant Hannah Van Ness is the widow of David Van Ness who was a revolutionary pensioner at $200 a month and will entitle her to [illegible, run?] any ballance that may remain due on her Husbands Pension - I likewise Inclose the Certificate of the Justice Court of the City of Hudson which is a Court of Record Such as the Pension Law Requires - together with a coppy of the original pension certificate whereas the applicants set fourth is in the hand of Mr Edmonds at Hudson which he declines giving up as the Corperation of Hudson had a claim against Van Ness - which is of little consequence to them and of much to the widow as she is an old Woman Lay 76 years and very poor and is now [illegible] prety much on the charrity of her friends who are unable to provide for her but Independent of all the facts one belive the law gives the Ballance that may be due to her and her only with extent that is if the Department makes a rule to allow Intent should there be any deficiency in the proff or papers in hand you will have the goodness to set us right if sufficient you will send the request [illegible] &c
with grate Respect your 
Obedient Sert
[signed Mierad Butler 
agent for Hannah Van Ness
Page 120

The Honl Louis McLane
Secretary of the Treasury
Washington City

Stuyvesant N.Y. Oct 30

P.O No 5 1831
Respectfully referred to the Secretary of War 
T. Dept. 4 Nov 1831.
Page 121

No 6998
Hannah Van Ness dec'd
wid of Abraham
NY
Act 4 July 1836
Married 1777
husband died 1828
widow died 3 August 1836

fm 21 Novem 1776 to
8 April 1778. as a Captain
16 mo. 17 days
Page 122

State of New York
Columbia County { ss

On this 8th day of September 1847, personally appeared before the Justices Court of the City of Hudson, the same being a Court of Record, John Van Ness a resident of the City and County of Albany, aged 55 years, who being first duly sworn according to law, doth on his oath make the following declaration in order to obtain the benefit of the provision made by the Act of Congress passed July 4th 1835: That he together with his brother Abram D. Van Ness now residing in Auburn Cayuga County in this State, are the only surviving children, and heirs of Hannah Van Ness who was the widow of Captain David Van Ness of the New York line in the Revolutionary War, and a pensioner of the United States, under the Act of Congress passed April 18, 1818, and died in the month of December 1828. That his widow Hannah Van Ness, survived him, and did not intermarry after the death of her said Husband, but died, as this deponent was informed, and does verily believe, in the township of Ghent in this County, some time in the month of August 1836. That the Maiden name of the said Hannah Van Ness was Hannah Van Buren, and was married to Captain David Van Ness as this declarant believes, some time in the year 1776- at the town of Kinderhook in this County. And before the last service of his Father in said war, as will more fully appear by reference to the proof hereunto annexed - And this declarant would further state, that this claim has been delayed until this time, because he did not know his rights under the said law of 1836, until within a few weeks past; and he now claims in his own name, and in behalf his brother, Abram D. Van Ness, being fully authorised by him to institute this claim; the arrears of Pension which was due his mother
Hannah Van Ness at the date of her death, according to the provision of said act of Congress passed July 4th 1836.

[signature] John P Van Ness
Page 123

Columbia County ss. In Justices Court of the City of Hudson the same
being a Court of Record, having a Court Clerk and Seal, personally appeared John D Van Ness, in Open Court & made oath to the foregoing affidavit
W. H. W. Loop Clerk