Revolutionary War Pension and Bounty Land Warrant Application File R. 9,390, for Baltus Swarts, New Jersey
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No 14631
Baltus Swarts Yates
County Yew York
Rejected
J Helpeldy Starkey
Yates Co
N York
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No. 14631
Baltus Swarts  Yates
County  New York

Rejected

J Hegoldy Starkey

Yates Co.
N York
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BRIEF in the case of Baltus Swarts in the County of Yates in the State of New York (Act 7th June, 1832.)
1. Was the declaration made before a Court or a Judge? a Court
2. If before a judge, does it appear that the applicant is disabled by bodily infirmity?
3. How old is he? 84
4 State his service, as directed in the form annexed.
Period. 
Drafted In 17
Enlisted
Duration of Service
Years, Months, Days
x years.  1 months
Rank.
As a
Private
Waggoner
Names of General and Field Officers under whom he served.
Gen.
Edmond Martin
Capt Martin
5. In what battles was he engaged? None
6. Where did he reside when he entered the service?
Sussex County New Jersey
7. Is his statement supported by living witnesses, by documentary proof, by traditionary evidence, by incidental evidence, or by the rolls? Traditionary evidence Living Witness
8. Are the papers defective as to form or authentication? and if so, in what respect? Not connected as the regulation (illegible)
I certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
Dyer Casten Examining Clerk.
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State of New York
County of Yates on this 7th day of January
1852 before me the Subscriber
Justice of the Peace duly authorized by law to administer oaths for the county and State aforesaid, personally affirm Tessart Swarts of Starkey - Yates Co. NY. who being duly sworn declares and says that he is the son of Baltus Sworts deceased the identical person who served in the Revolutionary War, as a Teamster That the said Baltus Sworts, died the on 13th day of April 1838 leaving no widow and the following surviving childen only Viz - Tessart Sworts.
That sometime during the lifetime of the said Baltus Sworts - it is believed that he applied to the Pension Office, at Washington, for a Pension, under act 7th June 1832. And that he filed the proper proofs therein to Entitle him to the same and that his claim  was suspended or rejected and that he now asks that the proofs may be examined and the said pension may now be allowed to the surviving child of said Baltus Sworts.
Sworn and subscribed before me
this 7th day of January, 1852,
James Holmes
Justice of the Peace
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State of New York,
Yates County Clerk's Office, SS,
I hereby certify that James Holmes Esquire, before whom the foregoing declaration and proceedings were had and sowrn to, and who has subscribed his name thereto, was, at the date thereof, a Justice of the Peace in and for the county aforesaid, duly commissioned and sworn and authorized to administer oaths, and that his signature thereto is genuine.
In Testimony Whereof,I have hereunto set my hand, and affixed the seal of said County of Yates, and of the several Courts of record thereof, (being my official seal) this ninth day of January 1852
Alfred Reed Clerk.
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14631
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State of New York
Yates County
On this 28th day of September in the year of our Lord one thousand eight hundred and thirty two (illegible) formally appeared in open court before the Judges of the Court of Common Pleas of the County of Yates now sitting Baltus Swarts a resident of the Town of Stark in the said County of Yates aged eighty four years and upwards 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 June 7th 1832.
That being a resident of Hamburgh in Sussex County New Jersey he about the time the Brittish took possession of Staten Island was drafted from the militia for one month and under the command of one Edmond Martin done duty as a private during that time at Amboy and North Amboy.
That after this service on his return, he under the direction of the said Captain Martin who had a span of horses & wagon of his own, furnished also a span of horses, - and thus together- rigged out a team. And we [illegible] entered with it in the service of the militia on duty conveying supplies to them at different
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places upon the lines. That in this service he continued one year according to his present recollection and belief. That at the expiration of this peiod the said Captain Martin was appointed Waggon (Wagon) Master and raised a company or Brigade as they were called of waggons(wagons) in this company he (illegible) enlisted with a waggon (wagon) and four horses and continued engaged for at least nine months- that during this period he traveled mainly between Newburgh and Easton transporting exclusively during all the service he rendered supplies for the militia and army while in actual service ._
He hereby relinquishes every claim whatever to a pension or annuity except the present, and he declares that his name is not on the pension roll of any agency in any state
Sworn to & subscribed the day and year aforesaid
T. J. Nevins Dept. Clerk          his
                             Baltus X  Swarts
                                           mark
We James Taylor and Caleb Fullerson rsidents of the town of Starkey in the County of Yates do severally make oath and each for himself says that he is well acquainted with the above named Baltus Swarts
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that they [illegible] man of truth and whose character in all aspects is irreproachable } Jas. Taylor Caleb Fulkerson } Sworn and Subscribed this 28th day of September 1832 before me S.J. Nevins Dep. Clerk
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State of new York Yates County SS} Tewalt Swarts of Starkey in the said county being duly Sworn says that the within named Baltus Swarts is his brother - That he was knowing to the service rendered by his said brother as a [illegible] in Captain Martin's Brigade as set forth in his declaration herein to annexed - that of his own knowledge the said Baltus was engaged in [learning?] before that period in the service of the military as stated by him but cannot say for what length of time.  Tewalt Swarts, his mark. Sorn and Subscribed this 28th day of September 1832 before me S.J Nevins Dep. Clerk 
And in said court do hereby declare their opinion after the investigation of the matter and after putting an interrogalomis proscribed by the War department that the above named Baltus Swarts was a Revolutionary Soldier and Served as he states, and that the persons who have made the affidavits hereunto annexed are residents of the said county - are credible persons, and their affidavits are entitled to credit. By order of the Court S.J Nevins Dep. Clerk
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I George Sherman Clerk of the County of Yates do hereby certify that the foregoing contains the original proceedings of the said court in the matter of the application of the said Baltus Swarts for a pension. In testimony whereof I have hereunto set my hand & seal of office this 28th day of September 1832. George Sherman, Clerk, S.J. Nevins Deputy Clerk.
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9390 Baltus Swart New York Act 7th June 1832 Rejected Sec letter No J. Taylor May 8th 1833.
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Rejected 9390 Baltus Swart
PO, Service, Enlisted, Discharged, Application filed, Alleges, Re-enlisted, Attorney, P.O., Recognized, Contract, Cert. of Dis., Searched for 18
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BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of Baltus Swartz 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 resides? Yes. III. If the applicant did not make the declaration in the county where he resides, is there any reason assigned for his not doing so? Yes. 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 his 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? No. 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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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?
No

XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it?
No

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?
No living witness

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?

If he has produced direct proof as to service, has the magistrate who administered the oath,
certified to the credibility of the witness or witnesses? 
Yes
Has the proper officer certified to the official character and signature of the magistrate as the regulations direct?
Yes

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?

XVI. Are the papers authenticated as the regulations direct?
No

XVII. Are the seven interrogatories prescribed by the War Department answered  satisfactorily? And, if not, which of them is not so answered?

EXPLANATORY NOTES.
QUERE V. In a case where the applicant cannot, by reason of the loss of memory, state precisely how 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 -- months
and for such service I claim a pension.
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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 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 shewn 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 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 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.

QUERE XVI. Mode of authenticating
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.

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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Baltus Swart. Act 7th June 1832 N.Y. Suspd or rejected. 14 Oct. LM Closs
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State of New York Yates County }SS Tewalt Sworts being duly sworn according to law, saith he is interested in the investigation of the claim of Baltus Swarts to [illegible] of previous  Sworn and Subscribed before Me this 5th day of October 1852 James Holmes J.P. } Tewalt Swarts. Know all [here?] by these presents that I Tewalt Swarts of Starkey N.Y. Son of Baltus Swarts late a Soldier of the United States Continental [?] will appoint Enpower and an Monze [?] WD Gregory of Canandaigua N.Y. my true and lawful attorney to prosecute  an investigation for the purpose of obtaining one [?] of pensions, believed to be due the late Baltus Swarts at his decease. Witness My hand and seal this 5th day October 1852 James Holmes } Tevalt Swarts.
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State of New York Yates County } SS On this 5th day of October 1852 personally appeared before me a Justice of the Peace in and for Said County Tewalt Swarts to me known to be the included described in and who [?] the within power of Attorney and acknowledged that he [excluded?] the sworn in testimony whereof I hereto set my hand the day and year first above written James Homes J.P.
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State of New York County of Chenango } SS I, Horace S. Read one of the Clerks of the Supreme Court of the State of New York do hereby certify that satisfactory evidence has been exhibited that Baltus Swarts the identical person who is reputed to have served as a [Yeonist?] in the war of the Revolution died in the town of Starkey in the County of Yates and state aforesaid on the 13th day of April 1828 leaving no widow and the following [unknown] only viz: Tewalt Swarts. In testimony whereof I have hereunto set my hand and affixed my seal of office at [illegible] this 12th day of January 1852 H.S. Read Clerk.