Revolutionary War Pension and Bounty Land Warrant Application File S. 10872, Samuel Hornbeck, New York
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SERVICE [left header on upper section of a printed form with two lines in three columns]            NUMBER [right header on upper section of a printed form with two lines in three columns] 

New York  [left column, handwritten]       Hornbeck Samuel  [center,hw]           S.10872 [right, hw] 

CONTENTS [header in a section of a printed form with two columns all blank]     carded [handwritten]
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New York 8257

Samuel Hornbeck

Cayuga in the State of New York who was a Private in the Company commanded by Captain Cotright of the Rest. commanded by Col. Graham in the New York line for 8 months - - - - 

Inscribed on the Roll of New York at the rate of 26 Dollars 66 Cents per annum to commence on the 4th day of March, 1831.

Certificate of Pension issued the 26th day of March 1833 - - and sent to A. Gould
Auburn

Arrears to 4th of Mar. '33 $53.32
Semi-anl. allowance ending 4 Sep '33 13.33
$66.63

Revolutionary Claim,
Act June 7, 1832

Recorded by Geo. C. Stiles Cle
Book E. Vol 4. page 21

Set to S. B. Tucker 1 March 1851
" do 13 " 4
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Auburn
Dear 12/50

Dr Sir. Samuel Hornbeck of the town of Owasco a pensioner of the Revolution entitled to & drawing $26 /100 annually died on the 15 April 1850 at which time there was due him one yea 1 one month 11 days back pay-semiannually. Will the whole amount or any portion be drawn at the third Creditors office if not where?
If the first six months is drawn at the Creditors Where will the balance be paid
Yours t.,
Samuel B. Tucker

Hon
Heath
Com Pensions
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BRIEF in the case of Samuel Hornbeck of Cayuga in the State of N York (Act 7th June, 1832.)

1. Was the declaration made before a Court or a Judge? Open Court
2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?
3. How old is he? 72 years
4. State his service, as directed in the form annexed

[Tab with the following text:]
Period. | Duration of Service. | Rank. | Names of General and Field Officers under whom he served.
Aunt in 1777 - | 3 | Private | Capt Cortright Col Graham
Nov 1777 | 1 | Spy | 
Sept 1776 | 1 | Private | Capt Westbrook Col Winecoop
Dec 1776 - - | 1 | " | " " " "
Jany 1777- | 2 | " | Capt Cortright M J Cantine

5. In what battles was he engaged? None
6. Where did he reside when he entered the service? [illegible] N York
7. Is his statement supported by living witnesses, by documentary proof, by traditionary evidence, by incidental evidence, or by the rolls? By living witnesses
8. Are the papers defective as to form or authentication? and if so, in what respect? Correct

I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.

Richard Cuts
Examining Clerk.
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Samuel Hornbeck [underlined]

11732








Admitted
Private 8 mo.  $26.66
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[State of New York (bold)]          }
[Cayuga (handwritten)] County, }ss.
 
[On this 25th (handwritten)] day of [September (handwritten)] A.D. 1832
personally appeared in open Court, before the Court of  Common Pleas in and for the County of Cayuga [handwritten] and state of New York, now setting, [Samuel Hornbeck (signature)] a resident of [Owasco (handwritten)] in the County of [Cayuga (handwritten)] and State of New York, aged [78 (handwritten)] 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 act of Congress, passed June 7th, 1832  : -- That he entered the service under the following named officers, and served as here in stated :-- [That in the month of August 1777 he entered the services of the United States in the capacity of militia commander by captain Benjamin Cartright in the [ Grakamus?] Regiment at he Town of Rochester in the County of Ulster in the State of New York for a time of three months be matched with said company to Albany and from thence to Van [Schaucks?] Island and join the army of Gen. Gates [distined?] against Burgoine, from thence to Bemis Heights and was in the battle at that place. That after the capture of Gen. Burgoine he returned to said company to Albany where he was dismissed at the expiration of said term of three months and returned home.  He further says that in the month of November following he again entered said service and was engaged as an indian spy for a time of one month that he was attached to no company, and he had but one companion by the name of [Cobus?] Chambers, that he & said "Chambers" went once during said time of one month fifty miles thru the wilderness as said spies to a place called Papackton on the on the Delaware River, that he continued to serve as such [spy (underline)] during the whole of said time one of month, that said services were principally in & about the County of Ulster.  He further declares
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in the company of militia commanded by Captain Derick Westbrook, in Col Winecoops Regiment, that he marched with said company to Hackensack in the state of New Jersey near which place he was stationed for a time of one month when he was dismissed and returned home. He further declares that about the last of January following he again entered said service in the company of militia commanded by Captain Benjamin Cortright in the Regiment commanded by Major John Cantine, for a term of two months, that he marched with said company to Hackensack aforesaid where he continued to serve during the whole of said term of two months when he was discharged, and returned home, that his one month service at Peekskill was at the time of the battle of White Plains that when he marched north to meet the army of Gen Burgoine he was attached the Gen Glovers Brigade, that he saw Gen Gates, Gen Lincoln, + Gen Arnold, at Saratoga, that he never received a written discharge from said service, that he has no documentary evidence of said service but the accompanying.

He hereby relinquishes all claim to a pension except the present + declares that his name is not on the pension roll of any state or territory.
Sworn + Subscribed the day + year aforsaid  Samuel Hornbeck X his mark
Asahel Fitch Judge
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We, Israel Hammond a clergyman residing in Owasco in Cayuga County and William Turner residing in the same town hereby certify, that we are well acquainted with Samuel Hornbeck who has subscribed and sworn to the preceding declaration; that we believe him to be 78 years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a Soldier of the Revolution, and that we concur in that opinion.
Sworn, and subscribed, the day and year aforesaid.
Asahel Fitch Judge Israel Hammond
William Turner

And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them, that Israel Hammond who has signed the preceding certificate, a clergyman resident in Owasco and William Turner who has also signed the same, is a resident in Owasco and is a credible person, and that heir statement is entitled to credit. And further that it appears to them satisfactory that the said Benjamin Stanton and Cornelius D Dewitt are men of truth and veracity Asahel Fitch Judge

I, Michael S Myers Clerk of the Court of Common Pleas in and for the County of Cayuga and State of New-York, do hereby certify, that the foregoing contains the original proceedings oof the said Court in the matter of the application of Samuel Hornbeck for a pension.
Witness my hand and the seal of said Court the 25th day of September AD 1832
M.S. Myers
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Rev War
10.872
INVALID.

e No. 10,872
Samuel Hornbeck
Pri Rev War

Act: June 7th 32
Index:-Vol. A, Page 179
[Arrangement of 1870.]
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[Handwritten on left page of bi-folded document with apparent printing on reverse side]

Samuel Hornbeck

[Handwritten centered on left page]

Admitted
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BRIEF objections to the admission of Pension Claims, of which these answered in the negative, in red ink, will apply to the claim of Samuel Hornbeck Cayuga N York which require further proof or explanation.

I. Does the declaration show where the applicant resides? yes
II. Did the declarant make the declaration in the county where he reside? yes
III. If the applicant did not make the declaration in the country where he resides, is there any reason assigned for his not doing so?
IV. Has the declarant mentioned the period or periods of the war when he served? yes
V. * Has he mentioned with precision the length of his service, and the different grades in which he served, in language so definite as to enable the department to determine to what amount of pension he is entitled? yes
VI. Has he given the names of the officers under whom he served, in conformity with the regulations? yes
VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832? yes
VIII. Has the Court given their opinion? yes
IX. Has the Clerk given his certificate? yes
X. Is the Clerk's seal affixed? And if so, has it a device or inscription by which it can be distinguished from any other seal? yes
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2 [printed top center as a page number]
XI. Has the applicant obtained the evidence of a clergyman and another respectable citizen as to their belief respecting his age and the general belief in his neighborhood relative to his revolutionary service? [illegible handwritten mark]
XII. If the clergyman's affidavit has not been produced is there any reason assigned for not obtaining it?
XIII. If the applicant has no documentary evidence, and has not obtained the testimony of at least one living witness, has he stated in his declaration that such proof cannot be had?
XIV. If the applicant's name is not found on the rolls of military service, has he produced a witness or witnesses as to his service? [illegible handwritten mark]
XV. Does it appear from any of the papers that the witness was in such a situation, or of such an age, as to have a personal knowledge of the applicant's service? [illegible handwritten mark]
XVI. Are the papers authenticated as the regulations direct? [illegible handwritten mark]
XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered?

[Centered horizontal line]
EXPLANATORY NOTES. [printed heading of footer notes, centered]
[Following in a smaller printed font as a footnote] 
QUERY V. In a case where the applicant cannot, by reason of the loss of memory state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
   "Personally appeared before me, the undersigned, a Justice of the Peace, &c. A.B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service, but according to the best of his recollection he served not less than the periods mentioned below, and in the following grades; For:____year____months, and ____days, I served as a _____For ____months and ____days, I served as a ____; and for such service I claim a pension.
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3 [typed, centered top as a page number]
  It is important in all cases to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months [in italics] is too indefinite, and all such qualifying expressions are objectionable.  Some persons who apply for pensions merely state they served two years in the militia, &c. without specifying the tours; the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable.  It must in every case be clearly shown under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
QUERE XIV. Proof of Service. [in italics]
  In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses, who are required to set forth in their affidavits the time of the claimants entering the service, and the time and manner of his leaving the same, as well as the regiment, company and line to which he belonged.  The magistrate who may administer the oath must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office. 
QUERE XVI. Mode of authenticating papers. [in italics]
  In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other paper authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
  [pointer toward the text following, in the form of a hand] In every case where the clerk of the court, or other certifying officer, has no public seal of office, the certificate of a member of congress, proving the official character and signature of the certifying officer, should accompany the papers.
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State of New York
Cayuga County SS. Benjamin Stanton of the town of Sempronius in said County duly affirms and says that he is aged seventy six years about the middle of October last. That he is well acquainted with Samuel Hornbeck of the town of Owasco in the County of Cayuga aforesaid during the Revolutionary War and is now well acquainted with him. That about the tenth of August A.D. 1777 the said Samuel entered the service of the United States in the Company commanded by Captain Benjamin Cortright in Col. " Grahams Regiment at the town of Rochester in the County of Ulster and State of New York for a term of three months and this deponent served in the same company with said Samuel, that they marched to Albany + from thence to Van Sioycks Island where the United States Army rendezvoued and were commanded by Gen. Gates and from there to Stillwater and was encamped on Benn's heights.
That the said Samuel continued in said service for the term of three months and untill after the capture of the British Army commanded by Gen. Burgoyne, and this deponent further saith that the said Samuel also did enter said service about the last of January or first of February of the same year 1777 as near as he can recollect in Captain Benjamin Cotright's Company and this deponent does not now recollect in what Regt. but this deponent remembers that there said Samuel marched from the town of Rochester in the County of Ulster aforesaid into the State of New Jersey + that said Samuel continued in such service for the term of two months That this deponent served in the same company with the said Samuel during the whole of the term of two months as aforesaid
Subscribed + affirmed to the 21st day of July 1832 before me
Cornelius Cury Kindall
Justice of the Peace

Benjamin Stanton X his mark
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State of New York
Cayuga County

Mr. Cornelius D. DeWitt of the town of Sempronius in said County being duly sworn says that he is aged seventy two years the 23rd day of July last, that he was will acquaintest with Samuel Hornbeek [..] during the Revolutionary War and is now well acquainted with him -- That the said Samuel, about the eighth of August A.D. 1777 entered the service of the United States in the Company commanded by Captain Benjamin Cortright in Col. Graham Regiment at the town of Rochester in the county of Ulster in the State of New York for the term of three months and marched to Albany & from thence to Van Scoycks [Schaick?] Island where the United States army Rendezvoed [rendezvoused], and were commanded by Gen. Gates and from thence to Stillwater and was encamped on Bemiss heights and that said Samuel continued in said service during the said term of three months, that this [..] served in the same Company with the said Samuel during the whole of the said term of three months and [..] after the British army under the commander of Gen. Burgyone was captured by the United States troops

[..] the 21st day of July 1832 before me Cornelius Cury Kindall
Justice of the Peace
State of New York
Cayuga County

Mr. Michael S Myers clerk of said county do certify that Cornelius Cury Kindall before whom the foregoing affidavits of Cornelius D Dewitt and Benjamin Stanton were made was on the day of the date thereof and still is a justice of the peace in and for said county that I am well acquainted the [..] of the said justice and believe his signature to the said affidavits to be genuine [..] my hand and the seal of said county the 26th day of September AD 1832

M.S. Myers