Revolutionary War Pension and Bounty Land Warrant Application File S. 22,670, John Budd, Mass. New York

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SERVICE                          NUMBER
Mass.          Budd, John   S. 22,670
New York

CONTENTS

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11.8
Pennsylvania
John Budd
of Bradford Co in the State of Pennsylvania
who was a private in the company commanded
by Captain Lackett of the Regt. commanded 
by Col. Hyatt in the N.Y. [illegible]
line for 15 mos

Inscribed on the Roll of Pennsylvania 
at the rate of 50 Dollars 00 Cents per annum,
to commence of the 4th day of March, 1831.

Certificate of Pension issued the 28 day of June
1833 and sent to 
Darius Bullock at Smithfield

Arrears to the 4th of March 1833 $100.00
Semi-anl. allowance ending 4 Sept     25.00
                                                     [=] $125.00
{Revolutionary Claim, Act June 7, 1832.}
Recorded by W. L. Williams, Clerk,
Book E Vol. 5 Page 3

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State of Pennsylvania
Bradford County on this 12th day of February in the year of our Lord one thousand eight hundred & thirty three personally appeared in open court before the Ledger of the Court of Common Pleas of said county Bradford John Budd a resident of Columbia Township in the county of Bradford and State of Pennsylvania aged seventy 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 of the United States under the following named officers and served as herein stated
That he entered the service at the Town of Crawford near Peekskill as a private in a company of militia commanded by Capt Lackett in Col Hyatts regt thinks in July or August of 1777 but may be mistaken as to the year &  went to Westpoint from there went up the Mohawk above Albany & returned to Fort Montgomery & was in the fort at the time of the battle & escaped from being taken prisoner is certain it was in 1777 and was dismissed without any written discharge at Peekskill after having served three months
In the summer of 1778 I joined a company of militia at Crawford near Peekskill again as a private under the command of Capt Strang in Col Drakes Regiment & went to Danbury and staid there two or three weeks & went from there to Frogs point in the State of New York and [crossed out] was stationed on the lines between the British and Americans being several times at Kingsbridge & being engaged in guarding that frontier until he had served one year when he was dismissed at Westpoint without any written discharge & service as before stated 12 months-
I enlisted as a private late in the fall of 1779 at Crawford aforesaid under some Lieutenant but have forgot his name & joined the regular army of the Massachusetts line in Col Shepards regiment and General Glovers Brigade which Regt was at Crawford at the time of his enlistment & remained at that place for the greater part of the time taking occasional

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excursions to the British lines until he had served one year when he recd an honorable discharge at in writing at Peekskill which discharge is lost and he does not recollect who sighed it - service as before stated one year - being in all two years & three months in the foregoing statement of services
  he has no documentary evidence of his service and no record of his age as there is no person being within his knowledge by whom he can prove his service except such as it living so remote from him that he cannot obtain their testimony - he believes there no person living who can so testify that he can call on within any reasonable distance - he lived at white plains when the war commenced & was in the battle at that place - being a boy - afterwards moved to Crawford & lived there during the war except when absent on duty - since the war he lived in Dutchess county until he came to his present residence in Jany 1816 where he has since resided
 He 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.
Sworn and subscribed the day & year aforesaid
  John Budd
Sworn and subscribed the day and year aforesaid for J P Bull Pro [..?]
 E S Goodrich Dep

We Conklin Bukin residing in the township of Troy & Peter Furman residing in the township of Columbia both of Bradford County Pennsylvania hereby certify that we are well acquainted with John Budd who has subscribed and sworn to the above declaration that he is a man of strait veracity that we believe him to be seventy years of age that he is reputed & believed in the neighborhood where he resides to have been a soldier of the revolution and we concur in that opinion also that there is no clergyman whose testimony can be obtained in this matter without great inconvenience
Sworn and subscribed the day & year aforesaid
  Conklin Buken  for J B Bull R..
 E.F. Goodrich     Peter Furman

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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 contain
Buken who has signed the foregoing is a resident of
[illegible] township Peterman who has
signed the foregoing is a resident of Columbia township 
both of Bradford County Pennsylvania that
they are credible persons and their statements on
entitled to credit
By the Court
for J P Bull Prob
E S Goodrich Dep

James P. Bull Clerk of the Court of Common 
Pleas of Bradford County Pennsylvania
Prothonotary thereof do hereby certify that the
foregoing contains the original proceedings of the
said went in the matter of the application
of John Budd for a pension

In testimony whereof I have
hereto set my hand and seal of office
this 12th day of February 1833
for J P Bull Prothonotary
E.S. Goodrick Dep

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Bradford County Ss
 Before the subscribter a justice of the peace in & for the county aforesaid in the state of Pennsylvania personally appeared John Budd who being duly sworn deposeth & saith that there is no living witnesses in the vicinity of his residence whereby he cam prove his service in Col. Shepards regiment which service he hereby relinquishes so far as it may affect his claim for a pension & prays that a pension may be allowed him for the [residue?] of the time set forth in the declaration to which this is appended
  John Budd
Sworn &  en verified by John Budd this 4th day of May 1833 before me
 James Gerould Justice of the peace

State of Pennsylvania
Bradford County Ss}  I James P. Bull Prothonotary of the Court of Common Pleas of and county do certify and make known that James Gerould whose signature is to the foregoing is & was at the time of signing the same a justice of the peace duly commissioned as such in & for said county & that his official acts are entitled to full faith & credit
  In witness whereof I have set my hand & official seal the 11th day of May 1833
 Protonotary

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John Budd
Pennsylvania

j.
Admt
15 mos  $50..

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WAR DEPARTMENT,
Pension Office,
6 April 1833

Sir:

The evidence in support of your claim, under the act of June 7, 1832, has been examined and the paper 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, showing the Service of John Budd
Period within the service was rendered   Duration of the claimant's service. Rank of the claimant. Names and Rank of the Company officers under whom he served. Names and Rank of the General and Field officers. Battles in which the applicant engaged.  Country through which he marched.  Place of abode when he entered the service, and age at the present period.  Evidence by which the [ineligible] is supported.
  Years. Months. Days.
July or August 1777 3 Private Captain Lackett Lieutenant Hyatt Battle of Fort [ineligible] New York Crampon 70 yrs Traditionary Evidence
July or August 1778 12 Private Captain Strang Lieutenant Drake Battle of [ineligible] New York Crampon 70 yrs Traditionary Evidence
July or August 1779 12 Private Lieutenant Shepard Battle of [ineligible] New York
General Gloves Crampon 70 yrs Tradtionary Evidence

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

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2
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 }ss.
County of

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 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 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 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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3
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?
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 the 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 mention 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 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 bis 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 mouths 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 term of engagement; the particular place or places where the service was performed; that the applicant served with au embodied corps called into service by competent authority that lie 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 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 [j] 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.
as his name is not on the records, in the Dept. of Shepard's regiment he must produce "proof of service."

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Revolutionary
 Power of atty from heir of John Budd
pensioner
 Pennsylvania

Filed Pa 11 June 1853
Admitted
 F.E. Hassley
 Washington

Col Anderson
 June 13/53

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POWER OF ATTORNEY
For ascertaining whether any increase or arrears of Pension are due the Widow or heirs of Revolutionary Pensioners, &c."

State of Pennsylvania will
County of Bradford Js
Be it known that before me
M Carnochan  Justice of the Peace personally appeared Colon Budel aged 55 years 
 who being duly cautioned and then sworn in due form of law, states he is the son & heir of John Budel 
who was a Revolutionary Soldier, or Pensioner of the State of Pennsylvania
and that he died on the 9th day of June 
1845 and that his mother named Polly Budel 
died on the 22 day of December 1841 and that they were married on the day of in the year 1794 and that they were residents of Bradford Co. in the State of Pennsylvania 
and that they resided there 29 years, and that he 
resides in Columbia, Bradford, Co, Pa and that furthermore
BY THESE PRESENTS, constitutes, appoints and fully empowers and authorises irrevocably and with powers of
substitution -- F. E. Hassler of Washington City, D. C., as his true and lawful Attorney for him and in
his name and stead, to examine into, to prosecute, to demand, and to receive from the U.S. Government
Officers his rights in all and in any manner of claim for increase or arrears of pension or land, that may
be due him as heir
of John Budel
who died leaving the same
undrawn, as in right of law, custom, or equity he is or may be entitled.
IN WITNESS WHEREOF he
has on this 6th day of May 1853
hereunto signed his name and affixed his seal.
Albion Budel {seal}
Witness A M Carnochan
Witness Newell Leonard ⎬
Signed, Sealed, acknowledged and sworn to before me on this 6th day of May
1853.

At the same time personally appeared before me A.M. Cornochan 
Justice of the Peace two credible and disinterested witnesses named
Seth W. Paine and  Newell Leonard
residents of the aforesaid County and
State, who having been by me cautioned and then duly sworn according to law, do depose and say each for
himself, that he has always heard it said and it is generally believed by the community that John Budel was a
Revolutionary soldier and that Albion Budel
was by him always treated as and is by the witnesses believed to be the son
of the said Revolutionary Soldier
Pain{seal}
Newell Leonard {seal}
Sworn to me the day and year above written
N McConnachan J.P. {sea;}

State of Pennsylvania
County of Bradford
to wit:
I HEREBY CERTIFY, That N M Connachan
Esq.,
before whom the foregoing affidavits and acknowledgment were made, and who has thereunto subscribed his
name, was at the time of so doing, a Justice of the Peace in and for the County aforesaid, duly commissioned
and sworn, and that his signature above written is genuine.
In testimony whereof, I have hereunto set my hand and affixed
the seal of Bradford
County Court,
this ninth day of May
one thousand eight hundred and fifty three

Allen M Kean Prostionary for Common Deputy
If a Widow applies state the date of marriage, and date of death of her husband."

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Revolution
22670
INVALID
22670
John Budd
Pri Rev War

Act: June 7th 32
Index: Vol. 2, Page 57
[Arrangement of 1870]

[right side]
June 4 - 1901
Mrs. Belle Thompson
Cortland N.Y.

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pa. May 25
retd
[on side]
[illegible]
Hon J.L. Edwards
Com of Pensions
City Washington

Page 15

Sir,  I enclose the papers of John Budd which the pension certificate is to be returned to me if granted
  yours respectfully
  D Bullock
North Smithfield Bradford Co
Pennsylvania May 11' 1833