Revolutionary War Pension and Bounty Land Warrant Application File S. 12397, Frederick Bush, New York

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Service New York
Bush, Frederick
Number S.12397
carded

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Service New York
Bush, Frederick
Number S.12397
carded

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New York
Frederick Bush
   in the State of N. York
who was a Private in the    commanded
by Captain    of the Regt.  commanded
by    Paulding in the N York
  for 9 months

Inscribed on the Roll of N. York
at the rate of 30 Dollars ___ Cents per annum
to commence on the 4th day of March, 1832.

Certificate of Pension issued the 10 day of Aug. 1825 and 

Arrears to the 4th of Mar.                 $60
Some-ant. allowance ending 4 Sep.  15
                                                             $75
Revolutionary Claim
June 7, 1832
Recorded by Geo C. Stile Clerk
Book 6 Vol. 3 Page 47

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REGULATIONS UNDER THE ACT OF JUNE 7, 1832.

The following regulations have been adopted:
This 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," "militia," 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 in 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, mucicians 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    } 88.
On this     day of    personally appeared (a) before A. B. a resident (b) of     in the county of    and State, Territory or District of   aged (c)    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 June 7th, 1832.  That he enlisted in the Army of the United States in the year (d)   , with   and served in the     (e) regiment of the      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, and rank and names of his officers;) the town or county and State in which he resided when he entered the service; the battles, if any, in which he was engaged, and the country through which he marched.  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 herby relinquishes every claim (f) 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, or (if any) only on that of the Agency in the State of Sworn to and subscribed the day of year aforesaid.  [And then will follow the certificate of the Court.]  And the said Court do hereby declare their opinion (g) that the above names applicant was a revolutionary soldier, and served as he states.
I        of the Court of do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of     for a pension.
In testimony whereof, I have hereunto set my hand and seal of office (i) this day of     &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    and C.D. residing in (the same) herby certify, that we are well acquainted with subscribed and sworn to the above declaration; that we believe him to be     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 days 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. who has signed the preceding certificate is a clergyman, resident in the and that C. D., who has also signed the same is a resident in the    and is a credible person, and that their statement is entitled to credit.
I,    Clerk of the Court of    do hereby certifiy that the foregoing contains the original proceedings of the said Court, in the matter of the application of     for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this    day of    &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 no 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, (I) 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

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tarily enlisted in the Company of infantry commanded by Captain Frederick Schoonmaker in Colonel Paulding Regiment in the capacity of a private Soldier, that the said enlistment was for Six months that this service was guarding the prisoners confined in the Jail of the Village of Kingston and the board of prisons __ __ & __ lying in the Renault Creek at a place then called the Strand about 2 miles South of the Village of Kingston in the County of Ulster.  That be the said Frederick served in said company in Said 1777 for the full term of Six Months and until he was discharged verbally, that he has no documentary evidence of this service and for proof of the truth of his statements,   To refer to the affidavit of John A. Dewitt Esquire
That there were no regular officers nor Continental Regiments stationed at Kingston, and that the militia were all gone home to Fort Montgomery and the rest to the north against General Prugoyne.
And the said Frederick further declares that he volunteered in the year 1778 as a private in the company commanded by Captain ___  Swart in Colonel Painlungs Regement of militia, and served in said company for the term of "three" months.  Stationed part of the  __ in the town of Warsiuk in a picket fort, and the residue of saw term in Shandaken and Marble with that he has no written discharges nor documentary evidence and known of no living ___ of this service.
He hereby relinquishes every claim whatever to a pension; except the present, and declares that his name is not on the pension roll of the agency of any state.
Sworn to and Subscribed the day __ aforesaid
J.A. Dlopes Frank ___ Wells Leho, Abm A Deyo, Henry Wynkoop, Samuel Stilwell

Frederick Bush his mark

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25737
Frederick Bush

Admitted
Private 9 months

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WAR DEPARTMENT,
PENSION OFFICE,

August 3 1833

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 objections exist, which must be removed, before a pension can be allowed.  The notes and the regulations will show what is necessary to be done.  Those 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, shewing the Service of Frederick Bush:
Period when the service was rendered:  ____1777  1778
Duration of the claimant's service:
Years
Months 6 + 3 = 9
Days
Rank of the claimant:  Private
Names and rank of the Field officers under whom he served:  Col. Pauling, Capt. Schoonmaker, Capt. Swart, Col. Pauling
Age of present, and place of abofe when he entered service:  71
Proof by which the declaration is supported:
Testimony and living witness, certified ___.

I am respectfully,
Your obedient servant,
J.L. Edwards,
Commissioner of Pensions.

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REGULATIONS UNDER THE ACT OF JUNE 7, 1832. 
The following regulations have been adopted: 
This 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," "militia," 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 in 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 } ss.
On this ___ day of ___ personally appeared (a) before __ A.B. a resident (b) of ___ in the county of ___  and State, territory or District of ___  ages (c) ___ 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 made by the act of Congress, passed June 7th, 1832. That he enlisted in the Army of the United States in the year (d) ___  , with ___ and served in the ___ (e) regiment of the ___ 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, and rank and names of his officers;) the town or county and State in which he resided when he enered the service; the battles, if any, in which he was engaged, and the country through which marched. [ ]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 ___
Sworn to and subscribed the day and year aforesaid. ____ 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 _____ of the Court of ____ do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of ___for a pension. 
In testimony whereof I have hereunto set my hand and seal of office (i) this ___ day of ___&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 ___ and C. D. residing in (the same) hereby certify, that we are well acquainted with ___ , who has subscribed and sworn to the above declaration; that we believe him to be ___ 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. ___ who has signed the preceding certificate is a clergyman, resident in the ___ and that C.D., who has also signed the same is a resident in the ___ and is a credible person, and that their statement is entitled to credit. 
I ___Clerk of the Court of ___ do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the applicacation of ___ for a pension. 
In testimony whereof, I have hereunto set my hand and seal of office, this ___ day of ___&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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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 services. 
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?}
6. {To an Officer.} 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 persons, 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 ever 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. 
[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 invariably be mentioned. 
[d] The declarant must in the period or periods of the war when he served. 
[e] Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination claim cannot be had. Every claimant must state, with precision, the length of his 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 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 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.
[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 office 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.
[ ] 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 in 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.

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Rev War
12397
INVALID. 
File No. 12,397 
Frederick Bush 
Pri Rev War
Act: June 7th 32
Index:- Vol.  A , Page 52
[Arrangement of 1870.]

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We Cornelius L. Van Dyck clergyman Residing in the town of Marbletown and Cornelius E Wynkoop residing in the same place, hereby certify, that we are well acquainted with Frederick Bush who has subscribed and sworn to the above declaration that we believe him to be 71 years of age, that he is reputed and belived in the neighbourhood where he resides to have been a soldier of the revolution and that we concur in that Opinion. 
[signed] Cornelius L. Van Dyck   Cornelius E Wynkoop 
Sworn and subscribed the day and year aforesaid in open court
[signed] A D Copee First Judge &c
Wells Lake }
Abm A Deyo }
Henry Wynkoop }
Samuel Stilwell } Judges

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 said Court further certifies, that it appears to them that Cornelius L Van Dyck who has signed the preceding certificate is a clergyman resident in the town of Marbletown, and that Cornelius Wynkoop who has also signed the same is a resc [resident?] in the same place, and is a credible person, and that their statement is entitled to credit
[signed] A D Copee First Judge &c
Wells Lake }
Abm A Deyo }
Henry Wynkoop }
Samuel Stilwell } Judges

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I, Jacob Snyder, Clerk of the Court of Common Pleas in and for the County of Ulster and State of New York. Do Hereby Certify that the foregoing contains the Original Proceedings of the Court in the matter of the application of Frederick Bush for a Pension -
In testimony whereof I have hereunto Set my hand and Seal of Office this Twenty-ninth day of June, one thousand Eight hundred and thirty three - 
Jacob Snyder

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[left side]
State of New York 
Ulster County 
In the Matter of the Application of Frederick Bush 
P. V. Gaasbeck Jr 
Agent 
Kingston Ulster County 

[right side]
25737 
Jno. A. Dewitt 
respecting claim of Frederick Bush’s as a pensioner

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State of New York 
Ulster County   I John Crispel one of the Justices of the peace in and for said county Do hereby certify that before me on the twelfth day of June in the year one thousand eight hundred and thirty three appeared John A. Dewitt to me Known to be a man of veracity and truth who after being sworn sayeth he is of the age of seventy four years and that he has been acquainted with Frederick Bush the now applicant for a pension as long as his memory can serve him and that himself and said Frederick Bush always have resided in the town of Marbletown in the said County. And that the said Frederick Bush has served in the Revolutionary war as a private soldier under the Command of Captain Frederick Schoonmakers Company of Militia detached out of Colonel Levi Pawlings Regt. for the term of about six months, in guarding the towns confined in Kingston, And scouting on the Frontiers in said County, and Judges the said Frederick Bush to be nearly of his age, And further says not – 
[signed] Jno. Dewitt 
taken subscribed and sworn before me the 12th day of June 1833
[signed] John Crispell Justice of the peace 
N.B. the Justices certificate of credibility is contained in the body of the above affidavit 
[signed] P.V. Gaasbeck Jr

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[from previous page]

of Militia detached out of Colonel Levi Pawlings Regt. for the term of about six months, in guarding the towns confined in Kingston, And scouting on the Frontiers in said County, and Judges the said Frederick Bush to be nearly of his age, And further says not – 
[signed] Jno. Dewitt 
taken subscribed and sworn before 

[certification covers bottom of underlying declaration]

STATE OF NEW-YORK. 
Ulster County Clerk's Office, } ss.
I, Jacob Snyder, Clerk of the County of Ulster, and Clerk of the Court of Common Pleas of Ulster County, do hereby certify That John Crispell Esquire, was on the day of the date of the Certificate to the annexed affidavit, a Justice of the Peace in and for the County of Ulster, duly authorized to take affidavits, &c. and further that I am well acquainted with the hand writing of the said Justice, and verily believe the signature “John Crispell" subscribed to the Certificate of the said annexed Affidavit to be genuine. 
In testimony whereof, I have hereunto subscribed my name, and affixed the Seal of the said Court and County, this twenty ninth day of June - 1833 
[signed] Jacob Snyder