Revolutionary War Pension and Bounty Land Warrant Application File R. 10,863, Abraham Van Atten, New York

SERVICE
NUMBER
New York
Van Atten Abraham or Van Etten
P 10,863
CONTENTS

In the matter of the application of Abt Van Etten for a Deafvoir Proceedings
19843
N o 66 to the case of Giles F. Yates Schenectady N.Y.

State of New-York, County of Schenectady } ss.
On this Seventh day of October in the year of our Lord one thousand eight hundred and thirtytwo personally appeared in open Court before the Judges of the Court of common pleas in and for said County now sitting Abra- ham V c Etten a resident of the town — of Glenville in said County & State, aged sixty — Eight years who being first duly sworn according to law, doth on his oath make the following dec- laration in order to obtain the benefit of the act of Congress passed June 7 th 1832
He was born in the town of Rhine- beck — in the County of Dutchess — in the state aforesaid on the Eighteenth day of October — 1764 — He has no record of his age except that made by his father which is now in the possession of the Claimant
When he was called into the service of the United States in the army of the revolution, he was living in the town of Fish- kill, County of Dutchess in said State, and since the revolutionary war he has lived in Albany County, in most govern- ing in said State He now lives in the town — of Glenville — aforesaid
He entered the service of the United States under the following named officers and served as herein stated
In the summer of the year 1779 when he was only 15 years of age, he went out as a scout on several occasions under Command of Major Bunschooten to places in the neighborhood where he lived
When he arrived at the age of sixteen he was enrolled in the Company of Militia in his beat viz, the Company Commanded by

Captain Dennis Bangsholm in the Regiment whereof Alias Bangsholm was Colonel. The other Company & field officers whom he re- flects, were John Overham Lieutenant -
He continued to serve in said Company until the end of said war, and the service he was engaged in during said period was as a scout as aforesaid, and in patrolling and reconnoitering parties. The particular terms he served thus he cannot possibly specify, as alarms were very frequent, and his tours were some- times not longer than two or three days each. If he should be required to state how long in the whole he was actually from his residence in these expeditions, he can state conscientiously that they exceeded six months -

THE FOLLOWING are the names of some of the regular officers whom he knew, or who were with the troops where he served, and such continental and militia regiments or companies with which he served, or as he can recollect, viz : Colonel Dubois & others whose names are herein before given
He never received any written discharge from the service.
He has no _____ documentary evidence, and knows of no person whose testimony he can procure who can testify to his service _____
The following are the names of persons to whom he is known in his present neighborhood, and who can testify as to his character for veracity, and their belief of his services as a soldier of the revolution, to wit Matthias Barndorf John Van Ops
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.
Subscribed and sworn to the day and year first aforesaid
John S. Voorhies
Clerk.
Abraham Van
the last name was...

WE Henry G. Ohlen residing in the town of Glenville in the county of Schenectady aforesaid, and John Van Eps residing in the town of Amsterdam in the county of Montgomery do hereby certify that we are well acquainted with Abraham Van Etten who has subscribed and sworn to the above declaration; that we believe him to be sixty eight 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.
Subscribed and sworn the day and year aforesaid
John S. Vrooman
Clerk.
John Van Eps Henry G. Ohlen
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 Henry G. Ohlen who signed the above certificate is a resident of said town of Glenville & that John Van Eps who also signed the same, is a resident in the town of Amsterdam aforesaid in the vicinity of said applicant & an credible person and that their statement is entitled to credit.
I John S. Vrooman Clerk of the Court of Common Pleas, in and for the county of Schenectady do hereby certify, that the foregoing contains the original proceedings of the said Court in the matter of the application of Abraham Van Etten for a pension.
In testimony whereof I have hereunto set my hand and seal of office, this seventeenth day of October in the year of our Lord one thousand eight hundred and thirty- two
John S. Vrooman Clerk.

Abraham Van Alstyne N.Y.
and
Feb 1853
Mr. M. M. M.

POWER OF ATTORNEY.
State of New York County of Schenectady } ss:
Be it known, that before me, a
Justice of the Peace in and for the county aforesaid, duly authorized by law to administer oaths, personally appeared • Gertrude Van Alen a resident of Schenectady in the county of Schenectady in the State aforesaid, who being first duly sworn according to law, states that she is a Daughter of Abraham Van Alen in the county of Schenectady and State of New York who was a revolutionary † Soldier and that she believes the United States are still indebted, under existing laws, for the pension that was due under the application heretofore made, and that she is directly interested as a claimant in the pension for which application was heretofore made as aforesaid, and constitutes and appoints WILLIS G. WADE, of Washington, D. C., true and lawful attorney, with irrevocable power to examine into, investigate, and establish the claim for said pension, and do all acts necessary thereto.
In Witness Whereof,
has on this Twenty First - 21 st
day of January 185 3 , hereunto signed
Her
name, and affixed her seal.
Witness;
R. Groot
Gertrude Van Alen
[L. S.]
Signed, sealed, acknowledged, and sworn to before me, on this 21 st day of January 185 3
Abner Smith Justice of the Peace
• Here, if the soldier or officer is living, insert his name; if he is dead, and the widow is living, insert her name; if both dead, insert one of the living children's names; if the children are all dead, and either of them survived the former unsuccessful applicant, insert the name of the administrator of that former applicant.
† Here, if the soldier or officer is living, insert his name again; if the widow is living, insert the words "widow of," and the name of her husband; if both dead insert the words, "son or daughter of," and the name of the former unsuccessful applicant.
‡ Here insert the word "soldier," or "officer," whichever he was.
NOTE.—When a female is the person who executes this paper, please put the letter s before the word he in every place where it occurs.

WAR DEPARTMENT,
Pension Office,
188
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 subjjoined notes you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will shew 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 Abraham Van Cott Schenectady 6 th N.Y.
   Period when 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 was engaged. Country through which he marched. Place of abode when he entered the service, and age at the present period. Evidence by which the declaration is supported.   Years. Months. Days.     1779 Guard 1780 Excess and in Thuan 1781 6 Scout Capt Lewis Barnstable Major Duns Colonel Dubois 68 Dutchess 6 th N.Y. Traditional  
I am, respectfully,
Your obedient servant,
J. L. EDWARDS,
Commissioner of Pensions.

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, noncommissioned 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 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 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 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 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.

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 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 traditional 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 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, in the militia, &c. without specifying the hours, 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 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.
[k] 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.
[l] This traditional evidence is indispensable in militia cases.
[m] If a witness cannot be found, the declarant must state the fact.
[n] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.

10863
10863
Act 7/1

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Schenectady Feb. 15. 18/52.
Mr. Tatis Sir
I understand that you get Pension money I have had letters from Washington that there is money due for me. and I want you to do it for me My Father name is in Washington and My name has ben Lieut. Damm My Father name is: Abraham Vanatten and he is dead. I wish you wold wright to me wot you think you cant done A bout. it.
Gertrud. Vanatten
Direct To. Edward H. Freeman in care. of D. H. Snell

New-York City, Feby 22 d 1854.
My dear Sir.
If consistent with the rule you have adopted in such cases, I would like, in order to accommodate the daughter of Abraham Van Etten (or Atta) and give her a satisfactory reply to the letter enclosed , to have a report on the case of her late father, whose claim for a pension stands rejected under the act of 7 th June 1832. The objection noted in the Senate document is to the effect that his service was not military. What was it alleged or declared to be in his Declaration, or under what named officers does he declare that he served? Is the proof of the time of his death & names of his children on file?
I have proof, I think, for the name, but do not know that it will apply.
Your Mt. Servant
Giles F. Yates.
Rev. L. P. Waldo Commission of Pensions.

J. L. Edwards Esq Sir
(The enclosed papers were handed to me in October last with a request that I should deliver the same to John J. De Graff Esq of this city. Mr De Graff's absence and other causes led to its being forgotten. I saw Mr De Graff last evening, and he requested me to forward it to you without his intervention.
Can you do any thing for Capt: Joseph Peck of this city? His pension was suspended last fall.
I am yours very respectfully
J. H. Nels
Schenectady Mar 7. 1835

State of New York County of Schenectady
Abraham Van Etten of the Town of Glenville being duly sworn doth depose and say that he this deponent is the same person named in the annexed original declaration and this deponent further says that the following is a true statement according to the best of his recollection of his services performed during the war of the Revolution That he entered the service of the United States at the age of fifteen years in the company of Captain Beneschoten in the Regiment of Major Beneschoten as a private soldier that deponent volunteered his services and this deponent further says that he was engaged in actual duty as stated in his said declaration for at least eight days each month from the first day of April to the first day of December in each and every year during the years 1778. 1779. 1780. 1781. — And this deponent further says that all such duty was performed in Rich Hill and its vicinity he never received one cent pay in any manner for his services neither in provisions or otherwise he was principally engaged in the pursuit of Loyal Spies and the common enemy. — And further says not.
Sworn before me This 6th day of September A.D. 1834.
Abraham Van Etten
Stephen A. Daggett Commissioner of Deeds & authorized to take affidavits.
County of Schenectady ss. I Stephen A. Daggett the person before whom the foregoing affidavit was sworn to do certify that Abraham Van Etten the person who has subscribed and sworn to the foregoing affidavit is well known to me to be a man of good character for truth and veracity Dated September 6th 1834.
Stephen A. Daggett Commissioner of Deeds &c.

STATE OF NEW-YORK. } 88. County of Schenectady, CLERK'S OFFICE,
I, JONATHAN C. BURNHAM, Clerk of the County of Schenectady, do hereby Certify, that Stephen A. Daggett Esq. whose name is subscribed to the certificate of proof or acknowledgment of the annexed instrument in writing, and endorsed thereon, was at the time of taking such proof or acknowledgment, a commissioner in and for the County
aforesaid, dwelling in the said County, and duly authorised to take the same: And that I am well acquainted with the hand-writing of the said Commissioner, and verily believe that the signature to the said Certificate of proof or acknowledgment, is genuine.
In Testimony Whereof, I have hereunto set my hand, and affixed my official seal, the Seventh day of September 1834.
J. C. Burnham CLERK.