Revolutionary War Pension and Bounty Land Warrant Application File R. 11,352, Josephus Westbrook, New York

SERVICE
NUMBER
New York
Westbrook Josephus
R 11,352
CONTENTS

New Jers. Sus. Sup. Co. V vs
Application of Joseph Westbrook for a pen- =dron = — — = — — —
Renewed -
15682

State of New Jersey Sussex County ss:
On this Twenty Eighth day of August Eighteen Hundred and thirty two, personally appeared in open Court before the Judges of the Inferior Court of Common Pleas in and for said County now sitting, Josephus Westbrook residing in the Township of Montague in said County of Sussex and State of New Jersey aged Seventy Six years and four months, who being first duly sworn, doth on his oath make the follow- ing declaration, in order to obtain the benefit of the act of Congress passed June 7 th 1832.
That in the commencement of the war he belonged to a company of Militia, commanded by Capt. Henry W. Cortright of Mendham - on the Delaware, in Monta- gue Township - he was drafted from Capt. Cortright's company & placed under Capt. Emanuel Horn of Walpack, in said County - and was ordered to New- -York - where he remained about four or five weeks, on duty, keeping guard, and working on the fortifications which were putting up then, called the Grand Battery. That in the returned home, and after some short time, he was called out again, by him and went with Captain Cortright, whose Company volunteered to Spring- -field in this State, and that he was there at the battle with the British, & fought under Captain Cortright - Col John C. Symmes, commanded the Regiment to which I belonged - He says he remembers the circumstances of Major Spencer Hooke being shot under him, in that engagement. At this time, he was about a month or five weeks - In the next place, he states that Captain Cortright was called on to furnish a certain number of Men from his

company, and I was drafted as one and went with the drafted troops to Woodbridge, in New Jersey - below Elizabeth Town & near Brunswick. And laid there One Month, but don't recollect of any par- =ticular engagement during this time. The next duty that I recollect of performing, was in Captain Cortright's Company, or rather as a drafted man from his Company, on the frontier, on the Delaware River, and the duty assigned was principally to guard the fording, or crossing places on the river - and to guard against the incursions of the Indians and watch the movements of the tories - and remained out one Month. The next duty, was when the Indians cut off the Neversink and killed & carried off a number of the inhabitants, for then went up to the mouth of the Lackawanna on the Delaware River on Pennsylvania side. The New York Militia were on the other side at this time, the battle at Beane's Brook was fought, and a great many were killed - He was at this time in Captain Cortright's Company, who was also in that expedition. The fact, he was enrolled on the Militia, early in the war in the year 1775. and was often called out, besides the times above stated, upon sudden alarms from the Indians and tories, which were very frequent, in that part of the Country, on that frontier, which was much exposed. And that according to the terms of the enrolment, he was to be ready at an hour's warning, and turn out, to march when required. That he served more than six months in the Service, stay on the And believes that he served

on different occasions, and in performing various duties as a Militia man on the frontier, on various  on shore than the different tours from home, as above stated. When absent, on other excursions. He says he was born in the Township of Montague in the County of Sussex aged on the 18 th of April 1756. - The record of his age was burnt, about fourteen years ago, when he had the misfortune to lose his House and his Barn by fire and the bills in which his age was recorded was burnt together with much of his household furniture. By this accident he lost almost all he possessed; he thinks not less than three thousand dollars, which made him a poor man. He has a copy from the Records of the Reformed Dutch Church of New- -burgh, which he produces here in court, by which it appears he was baptized on the 4 th of July 1756 - He says he has always resided in Montague aforesaid Captain John J. Westbrock - Doctor Jacob Hombeck & James Stoll Esquire - are persons who reside in his neighborhood, and can testify to the his character for veracity & good behavior he,
I Josephus Westbrock do hereby relinquish my every claim whatsoever to a pension or annuity (except the present) and declare that my name there is not on the pension Roll of the agency of any State.
Sworn & Subscribed in Open Court this 28 th Aug t 1832 } Josephus Westbrock
By J. Halsey Esq r

That we believe him to be seventy six years of age, and that he is respected and beloved in the neighbor- hood, when he wishes to have been a soldier in the revolutionary war, - and we fully concur in that opinion - and that he is a man of veracity and good character -
Given & Subscribed in open Court this 28 th of Aug t 1832 } Benj. Halley Judge
John D. Westbrook mark Jacob Houbeck James Hall
And the said Court do hereby certify and 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 declare that it appears, to them that it would be attended with too much inconvenience and expense, to the applicant to produce in Court a Clergyman to certify as required by the department - And the Court further certify that Captain John J Westbrook, Dock Jacob Hornbeck, Admiral  Admiral and James Stoll Esq. one of the Judges of this Court, who have signed the preceding Certificate are residents in the Township, above named, and are credible persons - and their statement is entitled to full and ample credit, and altogether as satisfactory to the said Court, as the Certificate of any Clergyman, that might reside in that

Neighbourhood could be -
Done in open Court
aug: 28 1832 } Benj Walley Presiding Judge &c
New Jersey
Sussex County ss. I Joseph C Edsall Clerk of the said Court of Common Pleas in & for said County do certify that the foregoing contains the Original Proceedings of the said Court in the matter of the application of Josephus West Brook for a Pension.
In Testimony Whereof I have hereunto set my hand and the Seal of said Court at Newton this tenth day of September in the Year of our Lord Eighteen Hundred and thirty two -
J C Edsall Clk

New Jersey Sussex County ss:
Personally appeared in open Court before the Judges of the Inferior Court of Common Pleas of said County, Abraham Van Campen, Esq. of Sandyston in said County, who being duly sworn, did depose and say, that he is well acquainted with Joseph Westbrook of the Township of Montague in said County, - and was acquainted with him in the Revolutionary War, and recollects very well, that the said J. Westbrook was in the Militia Service during the War, and was in New York with this deponent doing duty there, as a Militia man, and belonged to the same Company which was commanded by Captain Emanuel Hove, in which Company Peter Van Ness, was Lieutenant - and that the said Joseph remained there as long as this deponent who was not here more than a month.
Sworn & Subscribed this 28 Aug t 1832. }
M c Campe
By J. Halsey Presiding Judge

New Jersey Sussex County ss:
Personally came before the Judges of the Court of Common Pleas of said County, now sitting, Captain John S. Westbrook, of full age, of the township of Sandyston, in said County, and being duly sworn, saith, that he is well acquainted with Joseph Westbrook of Montague in said County, now applying for a pension - that he was acquainted with him early in the Revolutionary War - and knows of his being in the Militia Service, and on duty on several occasions, as a volunteer or drafted man - that he belonged to Capt. Henry W. Cortright's Company - and deponent remembers seeing the said Joseph, at the Battle at Springfield, in this State - and the deponent believes that the said Joseph was employed and engaged in duty, during the War, more than six months - as a Militia man -
his Sworn & subscribed in open Court this 28. Aug. 1832 } John S. Westbrook Barnes Hakee Judge etc. mark

New Jersey Subscription
Application of Josephus Westbrooks for Pension--
15-582

New Jersey Sussex County ss: I Joseph G Miller, do hereby certify, that I was at the time of the taking of the affidavits of Abraham Van Camp and John S. Westbrook written named one of the judges of the Inferior Court of Common Pleas of said County, and now still am one of the judges of said Court - and was present at the time of the taking of said affidavits - at which time Benjamin Halsey Esq. was the presiding Judge of said Court, but is now out of office - I do further certify that the said Abraham Van Camp, and John S. Westbrook, are credible witnesses. - Newa July 15 th 1833
Joseph G Miller

State of New Jersey Sussex County ss.
J. Joseph P. Edsall Clerk of the Inferior Court of Common Pleas in and for said County of Sussex do hereby certify that Benjamin Halsey Esq e at the time of the taking and making the foregoing affidavits &c before him, was the Presiding Judge of said Court duly commissioned and sworn, and that Joseph V. Miller Esq e at the time of the taking the affidavit before him, and of the making of the foregoing certificate by him, was and now is the Presiding Judge of said Court duly commissioned and sworn — and that full faith and credit is and ought to be given to their Official acts as such, and further that their Signatures thereto subscribed are genuine — In Testimony whereof I have hereunto set my name and affixed the Seal of my Office at Newton this fifth day of October A D 1833
J. C. Edsall Clk

State of New Jersey Sussex County ss.
J. Joseph P. Edsall Clerk
of the Inferior Court of Common Pleas in and for said County of Sussex do hereby certify that Benjamin Halsey Esq e at the time of the taking and making the
foregoing affidavit re before him, was the presiding Judge of said Court duly commissioned and sworn, and that Joseph V. Miller Esq e at the time of the taking the affidavit before him, and of the making of the foregoing certificate by him, was and now is the presiding Judge of said Court duly commissioned and sworn — and that full faith and credit is and ought to be given to their official acts as such, and further that their signatures thereto subscribed are genuine —
In Testimony whereof I have hereunto set my name and affixed the seal of my Office at Newton this fifth day of October A D 1833
J. C. Edsall Clk

BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of Joseph Westbrook 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 served, in language so definite as to enable the department to determine to what amount of pension he is entitled? no 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

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 clergyman — — Witness
XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it? yes
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? Witness
XIV. † If the applicant's name is not found on the rolls of military service, has he produced a witness or witnesses as to his service?
If he has produced direct proof as to service, has the magistrate who administered the oath, certified to the credibility of the witness or witnesses? No
Has the proper officer certified to the official character and signature of the magistrate as the regulations direct? No
XV. Does it appear from any of the papers that the witness was in such a situation, or of such an age, as to have a personal knowledge of the applicant's service? yes
XVI. † Are the papers authenticated as the regulations direct? No
XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered? No
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, 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 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 an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
QUERE XIV.  Proof of Service.
In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses, who are required to set forth in their affidavits the time of the claimants entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
QUERE XVI.  Mode of authenticating 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 paper authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
In every case where the clerk of the court, or other certifying officer, has no public seal of office, the certificate of a member of congress, proving the official character and signature of the certifying officer, should accompany the papers.
X It is now more than a year since this application was made - and probably before another year elapses this poor old Solomon will be in his grave - May I beg the favor of an immediate return to this amended application -
Very Respectfully your mis: ob. Servt.
H. T. Anderson
Nutley N. J. Oct. 5-1833
Genl Edward G. Cumm...

Sir,
I now refer to the department the application of Joseph Westbrooks - Amended in the particular required - as far as can be done - and more properly certified by the Office - & regularly attached , under his seal -  As to the period or periods , of the war, when the applicant served - He states, that in the Commencement of the war, he belonged to St. Mary's Artillery Company , - and was drafted from that Comp'y & placed under Capt. Emanuel Hosen & ordered to New York where he remained 4 or 5 weeks doing duty & work at the fortifications, called the Grand Battery - This period with the war, must be well known to all acquainted with the history of the revolution - He says he was enrolled in the Militia in 1775-  2 o . He says he afterwards was called out & went with Capt. Cartwright, and was in the Battle of Springfield , in N. Jersey a period in the war well known in its history -
Joseph Westbrooks
3 o . He says he was enrolled in the Militia early in the war, in the year 1775- - Served the different times as stated by him -
These men are now all of the old, infirm, & their memories impaired - It is almost impossible for them to remember at this time, with any kind of accuracy - the particular dates - They remember & relate some prominent facts - such as "Working at the fortifications in New York," "The Battle of Springfield," being "in company with other drafted troops at Woodbridge, in N. Jersey" - and the very caution with which this applicant is made known through the man, regard for strict truth - with great deference then I think he shows the periods of the war in which he served - And under the equity & liberality of the rule laid down under the "5 th Green" there ought not to be an objection on this score -  (Respectfully)

Chicago, August 29/57
Sir:
A constituent of mine wishes the enclosed letters returned to me with a full report of the case.
The people believe they can as well get their deserts without one of these agents as with.
Respectfully Yrs
Richenbach
Hond P. Prado

Wash. n May 28 th 1835-
Dear Sir
The enclosed papers are in behalf of one of our oldest & most respectable citizens of Cincinnati. His history I am familiar with - the authenticity of the statements are unquestionable. He has been a near neighbour to my Father, for thirty years. I shall not doubt the result of his application.
Most Resp y .
Yr. Mt. Serv t .
Robt. H. Lytle
P.S.
Please direct to Cincinnati
Hon.
J. L. Edwards
Com r of Pensions
3

New Jersey
Revol
Josephus Westbrook
Rejected
See letter
Wm T. Anderson
28 Oct n 1833.
Hon. Mr. Northworth
Sep 6 1854
11352
Act 7. June 1832

Acts of July 14, 1862, and March 3, 1873.
P. O. 11.352
Joseph Westbrook Service: _____
Enlisted: 7  REJECTED , 18
Discharged: _____ , 18
Application filed: _____ , 18
Alleges: _____ _____ _____
Re-enlisted: _____ _____
Attorney: _____
P. O. _____ _____ _____
_____ Recognized. _____ Contract
_____ Cert. of Dis. Searched for _____ , 18