Revolutionary War Pension and Bounty Land Warrant Application File S. 5,970, for Phillip Race, New York
Page 1

(3-1776)
SERVICE                                                NUMBER
New York        Race, Phillip                   S. 5,970  
                                                             carded
CONTENTS
Page 2

14.5 32
22.026  New York
Phillip Race
of Hudson in the State of N. York
who was a Private in the Company commanded
by Captain Osterhoudt of the Reg. commanded
by V' Rensselaer in the N. York
line for 7 mos. & 29 days.

Inscribed on the Roll of New York
at the rate of 26 Dollars 00 Cents per annum,
to commence on the 4th day of March 1834.

Certificate of Pension issued the 29th day of May
1833 -- and sworn J.M. (Illegible)
Hudson

Arrears to the 4th of Mar '33  $53.00
Semi-anl. allowance ending 4 Feb. '35 13.25
$66.25

{Revolutionary Claim,}
{Act June 7, 1832.}

Recorded by (Illegible) Clerk
Book E, Vol. 4, Page 73,
Page 3

Let. to Philip [sic] Race and Pension Agent at
Albany, each under date of Dec 12. '46.
Let to Alexander Rowley Oct. 2. 47
Page 4

Philip [sic] Race
Columbia Co.
N York

aomd [sic]
Page 5

WAR DEPARTMENT
Pension Office,
183

Sir:
The evidence in support of your claim, under the act of June 7, 1832, has
been examined, and the papers are herewith returned. The following is a statement of
your case in a tabular form. On comparing these papers with the following rules, and
the subjoined notes, you will readily perceive that object exist, which must be reimcued,
before a pension can be allowed. The notes and the regulations will show what is
necessary to be done. These points to which your attention is more particularly directed,
you will find marked in the margin with a brace, (thus: }). You will, when
you return your papers to this Department, send this printed letter with them; and
you will, by complying with this request, greatly facilitate the investigation of your
claim.

A Statement, showing the Service of Philip [sic] Race
[TABLE]
Column 1 - Period when the service was rendered
Column 2 - Duration of the claimant's service.
Column 2a - Years.
Column 2b - Months.
Column 2c - Days.
Column 3 - Rank of the claimant.
Column 4 - Names and Rank of the Company officers under whom he served.
Column 5 - Names and Rank of the General and Field officers.
Column 6 - Battles in which the applicant was engaged.
Column 7 - Country through which he marched.
Column 8 - Place of abode when he entered the service, and age at the present period.
Column 9 - Evidence by which the declaration is supported.

[ROW 1]
(Illegible) 1775 - 2 months - Private - Capt Osterhoudt - Col. Van Rens. - Town - 72 years - (illegible) & living witnesses

[ROW 2]
Sum 1776 - 1 month - Private - Capt Osterhoudt - Claverack to Greenbush - Columbia Co

[ROW 3]
Fall 1776 - 14 days -  Private - Same officer - Marched to Stillwater - New York

[ROW 4]
Sum 1777 - 4 months - 15 days - Private - Capt Osterhoudt - Col Livingston - Marched to Stillwater
Page 6

2
REGULATIONS UNDER THE ACT OF JUNE 7, 1832.

The following regulations have been adopted:
The law has been construed to extend, as well to the line, as to every branch of the Staff of the Army,
and to include under the terms "Continental Line," "State troops," "militias," and "volunteers," all
persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who
were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to
Store Keepers, &c. Teamsters, Boatmen, &c. Persons who served on board of Private Armed Vessels are
also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged
is guarding particular places at night, and were not recognized as being in actual military service.

Four general classes of cases are embraced in this law:
1.  The Regular Troops.
2.  The State Troops, Militia, and Volunteers.
3.  Persons employed in the Naval service.
4.  Indian Spies.

As rolls of the regular troops in the Revolutionary War exist in this Department, all persons, claiming
the benefit of this law as officers, non-commissioned officers, musicians or privates, will in the first
instance, make application by transmitting the following declaration, which will be made before a Court of
Record of the County where such applicant resides. And every Court having by law a seal and Clerk is
considered a Court of Record.

DECLARATION,
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
State, Territory, or District of } 
County of   }  ss.
On this (space) day of (space) personally appeared (a) before (space)
A.B. a resident (b) of (space) in the county of (space) and State, Territory or District
of (space) aged (c) (space) 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 provion [sic] made by the act of Congress, passed
June 7th, 1832.  That he enlisted in the Army of the United States in the year (d) (space), with (space) and
served the (space) (e) regiment of the (space)  line, under the following named officers:

[Here set forth the names and rank of the Field and Company Officers; the time he left the service; (and if he served
under more than one term of enlistment, he must specify the particular period, the rank and names of his officers;) the
town or county and State in which he resided when he enered [sic] the service; the battles, if any, in which he was engaged,
and the country through which he marched.  [Pointing hand symbol] This form is to be varied so as to apply to the cases of officers and persons
who belonged to the militia, volunteers, navy, &c.]

He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he
declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of
the Agency in the State of (space).
Sworn to and subscribed the day and year aforesaid.  (space)  A.B.
[And then will follow the certificate of the Court.]

And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary 
soldier, and served as he states.

I  (space)  of the Court of (space)
do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of
the application of (space) for a pension.
In testimony whereof I have hereunto set my hand and seal of office (i) this
(space) day of (space) &c.

If, on examination of the proper record the names of applicants, making such declaration cannot be
found, they will produce such proof as the rule given in note (j) points out.
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers, or Militia,
except those who belonged to the new Hampshire Militia and State Troops of Virginia, will make and
subscribe a declaration similar to the foregoing with the following additions, viz:

(k) We, A.B., a Clergyman, residing in the (space) and C.D. residing in (the same)
hereby certify, that we are well acquainted with (space), who has
subscribed and sworn to the above declaration; that we believe him to be (space)
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.
[And then will follow the certificate of the Court.]

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 A.B.
(space) who has signed the preceding certificate is a clergyman, resident in the (space)
and that C.D., who has also signed the same is a resident in the (space)
and is a credible person, and that their statement is entitled to credit.
I, (space) Clerk of the Court of (space) do hereby certify that the foregoing
contains the original proceedings of the said Court, in the matter of the applicacation [sic] of (space)
for a pension.

In testimony whereof, I have hereunto set my hand and seal
(space) of office, this (space) day of (space) &c.
Every applicant will produce the best proof in his power. This is the original discharge or commission;
but if neither of these can be obtained, the party will so state under oath, and will then procure, if
possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services
of the applicant, and such circumstances connected therewith, as may have a tendency to throw light
upon the transaction.
If such surviving witness cannot be found, the applicant will so state in his declaration (l) and he will
also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful
in the investigation of his claim, and in the comparison of his narrative with the events of the period of his
alleged service, as they are known at the Department. A very full account of the services of each person
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8
will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal
means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be
attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected.
All applicants will appear before some Court of Record in the County, in which they reside, and there
subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.

The Court will propound the following (m) interrogatories to all applicants for a pension, on account
of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State
troops of Virginia.
1. Where and in what year were you born?
2. Have you any record of your age, and if so, where is it?
3. Where were you living when called into service; where have you lived since the Revolutionary 
war, and where do you now live?
4. How were you called into service; were you drafted, did you volunteer, or were you a substitute?
And if a substitute, for whom?
5. State the names of some of the Regular Officers, who were with the troops, where you served; such
Continental and Militia Regiments as you can recollect, and the general circumstances of your service.
6. {To a Soldier.} Did you ever receive a discharge from the service, and if so, by whom  was it given and what has become of it?
{To an Office.} Did you ever receive a commission, and if so, by whom was it signed, and what has become of it?
7. State the names of persons to whom you are known in your present neighborhood, and who can testify
as to your character for veracity, and their belief of your services as a soldier of the Revolution.

The Court will see that he answers to these questions are embodied in the declaration, and they are
requested to annex their opinions of the truth of the statement of the applicant.

The applicant will further produce in Court, if the same can be done in the opinion of the Court, 
without too much expense and inconvenience to him, two respectable persons - one of whom should be
the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from
their acquaintance with him, that they believe he is of the age he represents, and that he is reputed
and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion.
If one of these persons is a Clergyman, the Court will so certify, and they will also certify, to the character
and standing of other person, giving such certificates.

The traditionary evidence of service is deemed very important, in the absence of any direct
proof, except the declaration of the party. And the Courts are requested to be very particular in the
enquiry whether the belief is general, and whether any doubts have every existed upon the subject.

Applicants unable to appear in Court by reason of bodily infirmity, may make the declaration 
before required, and submit to the examination, before a Judge or Justice of a Court of Record of the
proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to
perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court.

Whenever any official act is required to be done by a Judge or Justice of a Court of Record,
or by a Justice of the peace, the certificate of the Secretary of State or Territory, or of the proper
Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a
Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is
his genuine signature.

No payments can be made on account of the services of any person, who may have died before
the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the
declaration herein required is made, the parties interested will transmit such evidence as they can
procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period
of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the
opinion of the Court upon the whole matter.

[FOOTNOTES]
[a] The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will
follow the rule laid down for his guidance.

(b) The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not
conforming to the rule.

[c] The age of the claimant must invariable be mentioned.

[d] The declarant must mention the period or periods of the war when he served.

[e] Every continental office or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the 
claim cannot be had. Every claimant must state, 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. 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."

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,
is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state that 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 terms 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.

[f] The law makes the relinquishment indispensable.

[g] The opinion of the Court is always required.

[h] The Clerk must give his certificate in every case.

[i] The Clerk must affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he 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.

Mode of authenticating papers.
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 papers 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 the certifying officer, so as to prevent any paper from being improperly attached to the certificate.

Proof of Service.
[j] 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 claimant's 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 oaths 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.

[Finger Pointing Symbol] The notes from [a] to [i] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in
note [j] applies to continental troops only.

[k] This traditionary evidence is indispensable in militia cases. 

[l] If a witness cannot be found, the declarant must state the fact.

[m] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.
Page 8

22026

The application
of 
Phillip Race

J M Cagy
agent
Hudson

aomd (??)
7 mo. 29ds. pri
Page 9

State of New York}
Columbia County} SS

On this 14 day of Jany [sic]
1833 personally appeared in open Court
before the Justices of the Justices
Court now Siting [sic] in the City of Hudson
in the County and State aforesaid
Phillip Race a Resident of the Town
of Livingston in the County of Columbia
and State of New York Aged
Seventy Five 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 acct [sic] of Congress passed June
7 1832.

That he was born in the Town
of Nobletown (now Hillsdale) in the County
of Columbia & State of New York -
on the Third day of October 1760 that
he has no record of his age but gives
it as he received it from his father &
mother that he moved from the Town
of (Claverack wh - then crossed out) Nobletown to the
Town of Claverack when quite young.

That he first entered the Service 
in Colonel Van Rensselaer Regiment 
at Claverack in the County & State afore
said, on or about the first of Augt
1775 under Capt John Osterhoudt and
does not recollect the Lieutenant or
Ensigns names Abraham Etting was
orderly Sergeant frequently went
with said Etting to draw provisions.
We marched from Claverack to 
Greenbush opposite Albany where we
Page 10

remained that night, next day
we crossed the River and marched to
Schenectady where we Encamped
and remained most of the time until
we were discharged some time in
October 1775 had no written discharge (illegible)
once marched from Schenectady toward
Fort Hunter but were met by an
(illegible) who ordered us to return to our
(illegible) quarters at Schenectady.

Term at least Two months
as a private

In the Summer of 1776 marched from
Claverack as a Volunteer under the 
aforesaid Capt Osterhundt, do not
recollect the other officers names, started 
the first of June and went by the way
of Greenbush Albany & Schenectady
to fort Hunter Remained there until
our month Expired and was discharged
the first of July 1776 there 
were no other Troops stationed at fort
Hunter while we were there rec'd no
written discharge 

Term as a private one month

Again in the Fall of 1776 went under 
the same officers I. think Cornelius Van
Dusen was Ensign and Alvin Etting
Sergt marched in the month of Sept
to Schoharry [sic] went by the way of Albany
and after remaining at Schoharry [sic], two
weeks were discharged and returned
to Claverack. Term 2 weeks,
Page 11

Again in the Summer of 1777 Volunteered
in the Company of Capt John
Osterhoudt Lieutenant and Because does
not recollect the ensigns name we were
under the Command of Colonel Harry
Livingston marched from Claverack
about June 1st 1777 to Albany when Capt
Osterhoudt was taken Sick and returned
home and we went on under
the Lieutenant from Albany we
marched to Stillwater and was
then marched to different places
which I cannot recollect we were 
kept advancing and retreating as
Circumstances required in the
neighborhood of Burgoines [sic] Army
as our time apart of the Troops to
which I belonged had a Scrimmage
with His Burgoines [sic] men I was not
in the Scrimmage we retreated before
the Enemy to an Island at or near
the Junction of the Hudson & (illegible)
where we remained a few 
days we were under the Command
of Generals Scuyler & Gates there were
many other Regiments with us but from
age and the lapse of memory I cannot
now state the names of any or of their 
officers Except those already named -
on the day that Burgoine [sic] Surrendered
I was at Stillwater and was
discharged soon after being about
the 20th or 25th of Oct 1777

Term 4 1/2 months as private
Page 12

and this applicant further says
he has no documentary Evidence that
he can produce and that the only living
witnesses that he can find are
Joshua Brooks & David Potts whose
affidavits are hereunto annexed that
the persons to whom he would refer
the department for character. as to
Truth & Veracity are John Van Dusen
Esgn Cristian Patrie Esgn and Nicholas
Tim Brock Esgn that he cannot
procure the testimony of a Clergyman
in as much as the Clergyman who
is now settled in the Town where
he resides is a young man and has
been settled but a Short time

He hereby Relinquishes any
claim to a pension or annuity 
except the present and declares that his
name is not on the pension Roll
of the agency of any state and that
he has always Resided in the County
& State aforesaid both before & since
the Revolution at & near where he
now resides,

Sworn & subscribed }   by
the day & Year first }  Phillip "X" Race
above mentioned }       mark
JD Parker Clerk (signature)
Page 13

War department, that the above
applicant was a revolutionary Soldier
and Service as he states and the
Court further Certifies that Joshua
Brooks, David Potts Rumsala
Livingston & John Etting
who have subscribed & sworn to
the annexed affidavits are Credible
persons Residing as they state
and that their Statements are 
entitled to the fullest Credit,

Wm R Macy (signature)
J. M. Cross (signature)

I John D Parker Clerk of said
Court hereby Certify that the foregoing
contains the original proceeding
of said County in the matter
of the application of Phillip
Race for a pension.

In testimony whereof I
have hereunto set my hand and 
seal of office this 14th Jary [sic] 1833

J D Parker Clk (signature)
Page 14

I Joshua Brooks of the City
of Hudson County of Columbia &
State of New York hereby Certify 
that I am Seventy Six Years of age
that I am well acquainted with
Phillip Race of the County of Columbia
and Town of Livingston that
I have been acquainted him (illegble)
he was a boy that in the Year
1777 I was in the Revolutionary
Army at the taking of Burgoyne
I was in the Company of Capt Peter Van Rensselaer I then saw Phillip
Race above named in the service
at that time he was not in the 
same Company with me and 
consequently I cannot say how long
he served but know he was there
some time as I frequently met with
him and talked with him we having
been neighbors at Home.

Sworn & subscribed
the 14th Jay [sic] 1833.  Joshua X Brooks
mark
J D parker Clk (signature)
Page 15

State of New York }
Columbia County } SS

David Potts of
the City of Hudson in the County & State
aforesaid being duly Sworn deposes &
says that he is Seventy five Years old
That he was a Soldier in the Revolutionary 
Army that he served one Tour
to the (illegible) the year he cannot 
Recollect that he marched to Schoharry [sic]. 
that at that time Phillip Race
the present applicant was also
there doing duty as a Soldier in
the Company of our Capt Osterhundt
I was well acquainted with him
and have been ever since. I cannot
say precisely how long he served in
that Tour. as I was not in the same 
Company with him

I also well Remember that in the
year 1777 said Race was in the Service
at Stillwater at the time of
the Surrender of Burgoins [sic] Army
I saw him there Frequently for several
months and further say that
whom I was discharged said said Phillip
Race Remained in the service
but how long I cannot say I left
the day after the surrender of 
Burgoins [sic] Army -

Sworn & subscribed  by David Potts
(illegible)                     X mark
Page 16

State of New York Columbia
County SS

Mr Rusalum Livingston
and John Etting -- both Residing
in the Town of Livingston in the County
and State aforesaid hereby Certify
that we are well acquainted with
Phillip Race who has subscribed 
and swears to the foregoing application
or declaration that we believe
him to be Seventy Two Years of age
that he is reputed & believed in the
neighborhood where he Resides 
to have been a Soldier of the 
Revolution and that we concur in
that opinion.

Sworn & subscribed }  (Illegible) Livingston
the fourteenth day }
of January 1833 }

JD Park Clk (signature)

I John Etting Residing in the Corporation
of Hudson and about one Hundred
yards from the Livingston line 
and in the neighborhood of Phillip
Race hereby Certify that I am
well acquainted with said Phillip
Race who has subscribed & sworn 
to the foregoing application that
I believe him to be Seventy Two
Years of age that he is reputed & believed in the neighborhood
where he resides to have been a 
Solder of the Revolution and
Page 17

I fully Concur in that opinion

Sworn & subscribed }   John Etting (signature)
this 14th Jany [sic] 1833 }

J M Cross one of }
the Justices of said }
Court   }
Page 18

5970
INVALID.

File No.   5970
Phillip Race
Pri Rev War

Act: June 7th 122

Index: - Vol. M, page 308

[Arrangement of 1870.]
Page 19

[WRITTEN HORIZONTALLY]

I L Edwards Esq
Commissioner of Pensions
Washington City
D.C.

[WRITTEN VERTICALLY]
Sept 20th
Enquiry [illegible]
of Philip [illegible]
Page 20

(Illegible) Sept. 16, 1847

Dr Sir

Will you please inform me of the cause
of the suspension of the Pension of Philip [sic]
Race

Revolutionary Pension under the Act 7th June 18.
Suspended Dec. 12th 1846

Yours very
Respectfully
Alex S. (Illegible - cut off)