Revolutionary War Pension and Bounty Land Warrant Application File S. 15583, Jacob Gaudinier, New York

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(3-1776)
SERVICE      NUMBER
[handwritten]

New York
Gaudinier, Jacob
S. 15583
carded
CONTENTS

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19602.
Ohio Pittsburgh [underlined]
Jacob Gaudinier
Cuyahoga Co in the State of Ohio. he was a Private in the Co. commanded Captain Aubram of the Regt. commanded Col Willett in the [illegible crossed out] New York for one year & six months.
$60.,
aw
Inscribed on the Roll of Ohio. Pittsburgh, 
at the rate of 60. Dollars 00. Cents per annum, 
to commence on the 4th day of March, 1831.
Certificate of Pension issued the 1st day of Aug't 1833 and sent to Saml. Starkweather. Cleveland, Ohio,
Arrears to the 4th of March 1833             120-
Semi-anl. allowance ending 4th Sept 33    30- [double underlined]
                                                                $150.00 [double underlined]
{Revolutionary Claim, Act June 7, 1832.}
Recorded by Wm R. Palmer Clerk, 
Book E. Vol. 8. Page 112.

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[handwritten]

Declaration.
In order to obtain the benefit of the act of Congress passed June  7th 1832
State of Ohio}
Cuyahoga County ss}
On this seventh day of November A.D. 1832 personally appeared before me Judge of the court of Common Pleas, now sitting in and for said county Jacob Gaudinier a resident of the township of Orange in the County of Cuyahoga, and State of Ohio aged 74 years who first being duly sworn according to law, doth on his oath make the following Declaration, in order to obtain the benefit of the act passed the 7th June 1832

That he was born at Charlestown, in the County of Montgomery in the state of New York on the 4th of April A.D. 1758 and that there is no record of his age to his knowledge 
That he entered the service of the United States under the following named officers, and served as herein stated.
That at said Charlestown, his native place the year after Burgoyne was taken, sometime in the Spring of that year, he enlisted as a volunteer in a company commanded by one Capt Garrett Putnam, one Dickinson whose Christian name he cannot recollect was a Lieutenant in said company, in a Regiment commanded by one Col Willett whose Christian name I cannot recollect, & I enlisted in said company for the period of nine (9) months, and I faithfully served therein untill the time of my said enlistment expired

during his service in said company under said Enlistment, said company was stationed at a Picket Fort, in what is now Johnstown in the county of Montgomery State of New-York. at Fort Plain which is now Canajoharie in said State, at Fort Hunter

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[handwritten]

in his native town of Charlestown, at Fort Stanwix which is now "Rome" in said State. These places were at that time  frontier garrisons, the services of the said Regiment consisted in the defense of the said garrisons, and its companies engaged during the period in frequent scouting parties, and had frequent skirmishes with the tories and Indians, in many of which he participated. There was no battle of any note, except the one which took place soon after his enlistment at Johnstown, called at the time the Johnstown battle, in which the greater part of Col Willetts Regiment including the company to which he belonged, encountered a large party of British and Indians under the command of Majors, Ross and Butler
That in the next year, which was the second year after Burgoyne was taken in the spring of the year, he enlisted as a volunteer in a company commanded by one Capt Woodruff, whose Christian name he cannot remember, this company belonged to the same Regiment under the same Col Willett to which his company belonged in the year before, this second enlistment was for the period of nine (9) months, in which period he served as a soldier in the said company until it was fully completed. During this time his said company, with the said Regiment were stationed at the same posts, and were employed in the same services as in mentioned in his past enlistment.

During the period of his second enlistment, there were two engagements with the enemy, deserving [illegible remarks]. While his company was stationed at Fort Herkimer about harvest time a part of his company including

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[handwritten]

himself went out on a scouting party to the number of 36, up West Canada Creek, which empties into the Mohawk River near Fort Herkimer, when about 18 miles up this Creek, at place called the "Royal Grant" [underlined] his party fell in with and was surrounded by a large body of Indians, and the whole of the party, including Capt Woodruff, were taken by the Indians and massacred, excepting himself and two others who returned to the Fort, soon after this event, he marched with his company, to Fort Stanwix, soon after his arrival at this Fort, it was surrounded, and besieged by a large body of Indians, which were beaten off. this was at the time, when Gen'l Herkimer was marching to Fort Stanwix with a body of malitia [sic], to reinforce the garrison here, and which on his way near Fort Stanwix, Gen Herkimer was attacked by the Indians. a warm engagement ensued, in which General Herkimer was surrounded, 300 of the forces in the garrison at Fort Stanwix, including himself, on hearing the report of Gen'l Herkimers engagement, marched and up Fort Stanwix to reinforce Gen'l Herkimer and about a mile from the Fort, fell in with a large body of Indians, attacked them and put them to flight, and from whom were retaken a number of American prisoners.
He received regular discharges, he thinks in writing, and from the said Col Willett at the expiration of his said terms of enlistments, but which have been lost or destroyed, in a manner, unknown to him, at this time. he has no documentary evidence of his said services, nor does he know of any living witnesses, by whom he is able to prove his said services.
He is well acquainted with Caleb Alvord and Caleb Leach, residents of

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[handwritten]

said orange, being his fellow townsmen.
Since the Revolutionary war, he has resided in different places in the state of New-York moved to the township of orange my present place of his residence, about 13 years ago, where I continue to reside. He hereby relinquishes every claim whatever 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
Jacob his x mark Gaudinier ['x' placed between first and last name]
Sworn and subscribed to [the day and year aforesaid crossed out] November 7th 1832 in open court} Horace Perry Clerk Com Pleas}
We Caleb Leach, and Caleb Alvord residing in the township of orange, in the county of Cuyahoga, and state of Ohio, do hereby certify, that we are well acquainted with Jacob Gaudinier, who has subscribed and sworn to the above declaration, that we believe him to be 7[illegible] year of age that he is reputed and beleived [sic], in the neighborhood where he resides, to have been a soldier in the Revolutionary war, and that we concur in that opinion
Caleb Litch [signature]
Caleb Alvord [signature]
Sworn and subscribed to in open court
[the day and year aforementioned crossed out]
on November 7th 1832 Horace Perry Clerk Com Pleas}
And the said Court do hereby [certify crossed out] declare their opinions after the investigation of the matter and after putting the interrogatories presented by the War Department. And the above named applicant was a revolutionary soldier and served as he states - and the Court further certifies that it appears to them that Caleb Litch & Caleb Alvord who have signed the above certificate are residents in the County of Cuyahoga and are credible persons and that their statement is entitled to credit.
The State of Ohio Cuyahoga County ss
I Horace Perry Clerk of the Court of Common Pleas do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Jacob Gaudinier for a pension.
On testimony whereof I herewith set my hand and seal of Office this fourteenth day of November one thousand eight hundred and thirty two.
Horace Perry Clerk

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Supplementary Declaration.
In order to obtain the benefit of the act of Congress passed June 7th 1832
The State of Ohio, Cuyahoga County ss
On this 4th day of June AD. 1833 personally appeared before the Honorable Court of Common Pleas now sitting in and for said county, the same Jacob Gaudinier, named in the declaration hereunto attached, and [illegible] before said court, on the 7th of November AD. 1832. who first being duly sworn according to law doth on his oath make this further declaration in order to obtain the benefit of the act passed 7th June 1832
that in making his said first declaration, to which this is supplementary it was not at the time convenient for him to obtain the Certificate of a Clergyman, as to his beleif [sic] respecting his age, and the general beleif [sic] in his neighborhood, as to his services and a soldier in the revolution. That to supply any deficiency in his said declaration, he now stated, that there is no regular Clergyman, resident, in the town of Orange County of Cuyahoga, State of Ohio the town of this Declarants residence - but that this Declarant is well acquainted with John McLean who is a Methodist Clergyman, and who on his circuit statedly preaches in said town of Orange, the place of this declarants residence, and with Caleb Litch who resides in said town of Orange, both of whom can testify to his character for veracity and their belief of my services as a soldier of the Revolution.
Jacob his X mark Gaudinier ['x' placed between first and last name]
Sworn & subscribed to in open court June 4th 1833. 
H G Weldon Dep Clerk
We John McLean a Methodist Clergyman residing in the town of Cleveland, County of Cuyahoga, Ohio, but who statedly preaches in the township of Orange in said county, and residing in said township of Orange, do hereby certify we are well acquainted with the said Jacob Gaudinier who has subscribed and sworn to the above declaration and that we beleive [sic] him to be 74 years of age that he is reputed and beleived [sic] in the neighborhood where he resides to have been a soldier of the Revolution, and that we concur in that opinion, that we beleive [sic] him, and that he is reputed, to be a man of veracity.
John McLean [signature]
Caleb Litch [signature]
Sworn & Subscribed to in open court June 4th 1833. HG Weldon Dep. Clerk

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[handwritten]

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 John McLean who has signed the preceding certificate, is a clergyman resident in the County of Cuyahoga and that Caleb Litch who has signed the same is a resident in the said County and is a credible person and that their statement is entitled to Credit

The State of Ohio}
[illegible Cuyahoga County]} ss
I Henry G Weldon Deputy Clerk of the Court of Common Pleas do hereby certify that the foregoing contains the further proceedings of the said Court in the matter of the application of Jacob Gaudinier for a pension - In testimony whereof I have hereunto set my hand and seal of Office this seventeenth [illegible] the year eighteen hundred and thirty three
HG Weldon Dep. Clerk C. P.

[written vertically left side of page]
enclosed
Jacob Gaudinier of Cuyahoga Co. Ohio Declaration 18660

[written vertically right side of page]
The Department will please address to the care of Sam'l Starkweather of Cleveland Ohio

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[printed and handwritten]

P [underlined] 15583
INVALID.
File No. 15583
Jacob Gaudinier
Pri Rev War
Act: June 7th 32
Index: - Vol. 1, Page 139
[Arrangement of 1870.]

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[handwritten]

Leave this in claim

The year after Burgoyne surrender, and the second year after, were not used at times of enlistment because the events which he describes with great accuracy took place in 1777. Aug. viz the siege of Ft. Stanwix that was then called Ft. Schuyler and Gen Herkimer died just after from wounds at battle of Oriskany Aug. 1777,
and The battle of Johnstown was in Oct. 1781
aw

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[handwritten]

18,660 [crossed out]
19.602
Jacob Gaudinier
Ohio
Adm. 1 yr 6 months
Samuel Starkweather
Cleveland 
Ohio

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[printed and handwritten]

BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of Jacob Gaudinier 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?
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 [illegible] definite as to enable the department to determine to what amout [sic] 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
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? Yes
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? No 
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?
Has the proper officer certified to the official character and signature of the magistrate as the regulations direct?
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 personal knowledge of the applicant's service?
XVI. Are the papers authenticated as the regulations direct? [No crossed out]
XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And if not, which of them is not so answered? [illegible crossed out]

EXPLANATORY NOTES.

* QUERE 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, by according to the best of his recollection he served not less than the periods mentioned below, and in the following grades: For [intentionally blank] year [intentionally blank] months and [intentionally blank] days, I served as a [intentionally blank]. For [intentionally blank] months and [intentionally blank] days, I served as a [intentionally blank]; 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 the 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 officer the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; and 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 be 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 papers.

In every instance where the certificate of the certifying officer who authenticated 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 end of which must pass under the seal of office by 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.