Revolutionary War Pension and Bounty Land Warrant Application File S. 10037, Gersham Vanderwarker, New York

SERVICE
NUMBER
New York
Vanderwarker, Gersham
S 10037
barded
CONTENTS

New York 28. 7 63
Gersham Vanderwalker of Oswego Co in the State of New York who was a Private in the Co. G. commanded by Captain Willet of the Regt. commanded by Col ————— in the New York line for 9 months
Inscribed on the Roll of New York at the rate of 30 Dollars — Cents per annum, to commence on the 14th day of March, 1834.
Certificate of Pension issued the 10 th day of June 1834 and sent to R. H. Martin Oswego N.Y.
Arrears to the 14th of March '34 $ 90.00 Semi-ant. allowance ending Sept. 4 '34 15.00
$105.00
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by Sam H. Page Clerk, Book 8 Vol. 4 Page 88

State of New York
Oswego County
On this Tenth day of December In the Year 1833 personally appeared in open Court before the Judges of the Court of Common Pleas of the County of Oswego, now sitting, Gershon Vandwarker a resident of the Town of Oswego in said County of Oswego aged Seventy six 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 7 th 1832
That applicant is not certain as to the time or place of his birth, but has an indistinct recollection of living in Saratoga when a child and of moving from thence with his father into the neighbourhood of Fort Hunter, when he was about six years of age. That he has no record of his age, but according to his own recollections and the statements of his family, he was born in the Year 1757. That Fort Hunter aforesaid was situated on the Mohawk River in the County of Montgomery. That applicant remained there about two Years, when he removed to Warren's- Bush, a few miles distant in said County, where he remained with his Father's family about twelve Years. That applicant then removed with his father's family to the Susquehannah about 22 miles below Coopers town. That soon after the arrival of applicant at the last mentioned place he enlisted, about the first of April in the Year 1776 for during the War in a company of Rangers under Captain John Wynn, Lieuten- ant Peter Schambling, Ensign Lawrence Gros. Applicant is confident that he enlisted during the war and that the consideration stipulated was 500 acres of Land, and a bounty of $10 and 54/4 wages per Month. That applicant received his wages from Daniel Gros paymaster, but never received his land or Bounty. That immediately

after enlisting as aforesaid, he went to Coopers- town where he joined his company: that Curtliff Snyder was the Sergeant who enlisted applicant on this occasion, that he remained at Coopers-town, (then a Station for Scouting parties) continually doing duty as a soldier, until in the fall when he went with his company to Cherry Valley, from whence after a few days he went to Goteu Van Alstines in Canajoharie with his company; from thence said Applicant with his company, were sent by order of of Committee of Safety, who met at said G. Alstines to Johnstown, from thence Applicant with his company was sent to a place about seven Miles from Johnstown, then called Philadelphia Bush; from this said last place, Applicant with his company were ordered about the last of the fall or forepart of the Winter of 1776 to the Village of Cherry Valley, where they remained nearly through the Winter, and then were dispatch- ed down the Susquehannah in pursuit of some Militia, who had been fined for not training pursuant to orders, that three of said Militia- men were taken and brought back to Cherry Valley After this, a few days, applicant went back to the Susquehannah and remained there till about the first of April, when applicant was dismissed in consequence of his Captain having killed a man of the name of Weaver by reason of which his company aforesaid was dissolved, that upon his first enlistment, applicants father John Tanderwater was major, that during the pence that applicant was at Co- opers-town & Cherry Valley, he belonged to Samuel Campbells Regiment Applicant further States, that immediately after his dismissal as aforesaid, he was again enlisted by the said Curtliff Snyder Sergeant, into the company of Gerrit Put- man for the term of Nine Months; the office

of Lieutenant was held by a man of the name of Putman, Benjamin Dix, ensign. Applicant, during the whole of this term of nine months, was stationed at a place called Long Candle, about two & a half miles east of the German Flats, on the Mohawk River; at this place there were two Forts or rather Licket defences, one around the meeting House, and one around the House of General Herkimer. There were three other Companies stationed here, one under Captain John Smith, one under a Captain whose name Applicant calls Put Brath (as near as he can be understood) one under Captain Helmer. That the Regiment he belonged to was commanded by Colonel Willett, that during this last term of service applicant was frequently engaged in skirmishes with the Indians and Tories, and was constantly on duty as a Soldier.
That applicant served out the above mentioned term of nine months, and about the first of March, 1778, again enlisted into the Company of Gerrit Putman, the Captain under whom he served the last aforesaid term, for another term of nine months. That applicant served with the same Companies that he did during the previous term of nine months that he belonged to the regiment of Colonel Willett, and served part of the time at Fort Herkimer and part of the time at Fort Plank. That in the latter part of this last period of nine months, applicant was engaged with the other companies in a severe skirmish with a body of Tories and Indians, in which affray there were of the Americans one killed and fifteen wounded.

that immediately after the expiration of the last term, applicant enlisted at Schoenectady as a Patten Man under Captain Peterson for the term of six months, and was engaged during the whole of the term in carrying provision & ammunition from Schoenectady to Fort Stanwix accompanied by a guard.
Applicant further states that after his Patten service had expired, an order was issued that every eight men should furnish a man for actual service, and that he was hired by Reanea Van Every, John Van Every, Cornelius Van Every, Vance Tuit, Abraham Van Alstine, Cornelius Van Alstine & three others making in the whole eight, to serve as a substitute for them for nine months and repared immediately to the German flats where he had before been stationed, and remained there about four or five months without being incorporated in any particular Company, serving some times in one company some times in another. Captains Putman, Smith, Delmer and Put Wall had command of companies at that station during the service of applicant. Applicant is of opinion that Colonel Bellinger had the command of this station at this time.
Applicant further states that since the Revolutionary War he has resided at the place where he first enlisted as aforesaid and at Sharon in the County of Schoharie and at Canajoharie in the County of Montgomery aforesaid. Applicant states that during the

whole of the aforesaid services in the Revolutionary war, he served in the capacity of a private soldier. Applicant further states that he has procured the affidavits of George Waggoner of the Town of Mendon in the County of Montgomery, proving his first term of service of one year and his term of nine months commencing on the first of April 1777. and of Conrad Mowers of the Town of Root in the County of Montgomery proving the service of applicant for the term of nine months commencing in the Spring of the year 1778, that for the last eleven years applicant has resided in Sharon Schenck County, that he now resides in Oswego, Oswego County where he had lived for the last two months, that in every instance that applicant was discharged upon the expiration of several terms of service aforesaid, he received a written discharge, but are now lost. That Cornelius Stroheck and William Knistern of the Town of Oswego have been acquainted with applicant about thirty years and will testify to his character for truth and veracity and their belief of his services as a soldier of the Revolution. 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.
Sworn to & subscribed
this 14th day of December 1833. Yerushon Anderson
Before D. M. Pherson Dep. Clerk of Oswego County Courts

We Cornelius Strobeck & William Knott Kern residing in the Town of Oswego hereby Certify that we have been well acquainted with the above named Gershom Van Derwerker for the last thirty years. The said Cornelius Strobeck states that upon his first acquaintance with said Gershom witness he was about thirty Years of age. & the said William Knott states that upon his first acquaintance with said ap- plicant witness was about twenty years of age. that Deponents have always understood and believe that applicant served in the revolution- ary War, and they believe him to be seventy five years of age, and that said applicant has always maintained a character for truth and veracity. Hss Sworn & Subscribed this tenth day of December 1833. Robt A. Martin (attorney) Before D. McPherson Dep. Clerk of Co. Court
Vinees Varn his Cornelius Strobeck mark
And the said Court do hereby certify & declare their opinion after the investigation of the matter and after putting the interrog- atories 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 there is no clergyman residing near said applicant whose evidence can be procured, and that Cornelius Strobeck and William Knott who have signed the foregoing Certificate reside in Oswego and are credible persons that their statement is entitled to credit.
D. P. Brewster, J. Judge of Oswego County Lowell Johnson a Judge of Oswego County Court John Reynolds a Judge of Oswego County Court

In the Matter of Gershon M c Demaker a Pensioner

State of New York
Oswego County ss I Eric Poor clerk of the Court of Common Pleas in and for the County aforesaid do hereby certify that the foregoing contains the original proceedings of the said court in the matter of the application of Gersham Van Derwarker for a pension In Witness whereof I have hereunto set my hand and seal of office this fif- teenth day of January In the year of our Lord one thousand Eight Hundred & thirty four
Eric Poor Clerk By D McPherson Dep. Clerk

State of New York } Montgomery County } ss: Conrad Mowens of the town of Root, in said County being duly sworn deposeth, and saith that he has been well acquainted with Gresham Vandermarker ever since the Revolutionary War, that he this de- ponent has resided in the town of Charlton now the town of Root in said County, for a number of years previous to the revolu- tionary War, and that he now resides in the town of Root, that the said Gresham Vandermarker enlisted for the term of nine months in the Company of Captain Garret Patriarch, in the spring of the year seven hundred and seventy eight, in the regiment commanded by Col. Miller in the State troops of the State of New York, that he this deponent belonged to the same company at the same time with the said Gresham Vandermarker and that he this deponent, and Gresham Vandermarker served during said period at Fort Herkimer, now in the County of Herkimer and at Fort Plank, now in the County of Montgomery as rangers, and were ho- norably discharged by said Patriarch at Fort Plank and. Further this deponent saith, that the char- acter of the said Gresham Vandermarker has been and still is good for truth and veracity and further saith not.
his Conrad Mowens mark
Subscribed and sworn to at Root the 5th day of Aug. 1883
Henry J. Dreyendorf a judge of Montgomery County Court

I Henry J. Dreyenstoff of the town of Cook one of the judges of the Court of Common Pleas, in and for the County of Montgomery do certify that I am personally acquainted with the within witness. Conrad Hours who appeared before me and subscribed and swore to the foregoing affidavit, the 5th day of August 1833, and that the said dep- osition is as true of truth and veracity and to be believed under oath.
Henry J. Dreyenstoff
I, George D. Ferguson Clerk of the said County of Montgomery certify that Henry J. Dreyenstoff before whom the above affidavit was taken was on the fifth day of August 1833 one of the Judges of the Court of Common Pleas in and for the said County of Montgomery and duly authorized to administer oaths, and that I am acquainted with his handwriting and that his signature above is genuine, to which I hereby sign my hand and attach my seal of office at Johnstown this tenth day of January 1834
Geo: D. Ferguson.

State of New York 3
Montgomery County ss: George Waggoner of The Town of Minden in said County a revolutionary invalid pensioner, being duly sworn doth depose and say that he hath been well acquainted with Gersham Vanderwerker ever since The American Revolution. That said Vanderwerker enlisted for the term of one year, in April in the year of our Lord one Thousand seven hundred and seventy six, in a company of Rangers commanded by Captain John Wynn in which one Peter Schramberling was Lieutenant and one Lawrence Gros was ensign, said Company was under the command of Gen. Herkimer, in the Militia in the line of the State of New York, (as this deponent believes) on the Continental establishment, that said Vanderwerker served in the County of Herkimer & in that vicinity during the said term of one year - This deponent further saith that he this deponent was during the above period a militia-man at Fort Plank now in the County of Montgomery, in a company commanded by Captain Henry Drepsendorff, of which company Herkimer was the General, said last mentioned company belonged to Col. Cox's regiment.
This deponent further saith that aforesaid Gersham Vanderwerker Enlisted again in the Company commanded by Capt. Garret Putman for the term of nine months, on the first of April 1777, in the regiment commanded by Colonel Willet, in the State troops in the State of New York, that he this deponent belonged to the same company at the same time and during the same period that said Vanderwerker & this deponent served during said term at Fort Herkimer now in the County of Herkimer and also at Fort Plank now in the County of Montgomery and ranged about under the command of their said officers to Fort Hunter & Johnstown & in the vicinity of said Forts hunting Tories & Indians, - And this deponent further saith that the character of said Gersham Vanderwerker, is good for truth & veracity, & that his statement ought to be entitled to credit & further saith not,
George Wagoner
I Henry Cook a Justice of the peace in Minden in for the County of Montgomery do certify that George Waggoner the above named deponent personally appeared before me & subscribed and swore

To the above affidavit this 18 th day of July 1833 and I further certify that I am personally acquainted with the above named Deponent George Waggoner, & that he is a man of truth and veracity and to be believed under oath.
H. Cook Justice
George D. Ferguson, Clerk of the said County of Montgomery certify that Henry Cook before whom the above affidavit was taken was on the 18 th day of July 1833 one of the Justices of the peace in and for the County of Montgomery and duly authorized to administer oaths, and that I am acquainted with his hand writing and that his signature above is genuine to which I hereby sign my hand and attach my seal of office at Johnstown this tenth day of January 1834. Geo: D. Ferguson
Exhibit A 29.016

29606 Gus ham Vandervarker
9 Mo on ship Adm Imo-pri 30 H
Robt H. Martin Oswego N.Y.

WAR DEPARTMENT,
Pension Office,
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. These points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus: { ). You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your claim.
A Statement, shewing the Service of Gursham Vanderwarke  NY
   Period when the service was rendered. Duration of the claimant's service. Rank of the claimant. Names and rank of the Field officers under whom he served. Age at present, and place of abode when he entered the service. Proof by which the declaration is supported.   Years. Months. Days.     1 April 1776 enlisted + 1 priv. Cap Wynn 76 mustered in P. a   1 st Ap '77 + 9 " , Willet two surviving Wmeps proves all except the Doat Service   March 78 discharged 9 " " no Clergyman nor reason given P   after } 6 6 in State Service Cap Peterson Papers Authenticated  
I am, respectfully,
P See certificate of Court
Your obedient servant,
JAMES L. EDWARDS,
Commissioner of Pensions.
+ Not on the rolls
+ No enlistments in the manner stated

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 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 days and year aforesaid.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that A. B. who has signed the preceding certificate is a clergyman, resident in the                      and that C. D., who has also signed the same is a resident in the                      and is a credible person, and that their statement is entitled to credit.
I,                      Clerk of the Court of                      do hereby 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 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 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 inquiry 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 _____ 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 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 [i] 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.

Rev. War
10.037
✓ INVALID.
File No. 10.037
Gersham Vandermarker
Rev War
Act: June 1 th 1839.
Index:—Vol. 1 , Page 288
[Arrangement of 1870.]

Act. 7. June 1832 New York Gershom Vanderwerker
Suspended
See letter to R. H. Martin Esq. 22. April 1834

Gershon van derwerker New York
May 18 th 1834
Gershon Van derwerker
J. H. G. General Col. Pension Office Department Washington

Oswego May. 5 1836
A. J. Edwards Esq Yours of the 22 nd ult. relating to the claim of Gusham T. Derwart is recd. I have advised with the Applicant and it is deemed expedient, in view of his great necessities, to ask of the Department an allowance of that portion of his claim, which the Department considers sustained by proof. For it is utterly impossible for the applicant to urge his claim for the remainder of his service and procure the required proof, without present assistance. The witnesses to his service reside at a great distance from this place, & their evidence can not be procured without his personal attendance. Would the allowance asked conclude the right of applicant to prosecute his claim for the other service? What the effect might be, I would report the request that the present allowance be made.
I am. Yours Robt. H. Martin
P.S.
What has become of the claims of Nicholas Myres & Saml Stark, in which cases additional proof of service was submitted many months since? R.H.M.

State of New York
Oswego County ss. Robert H. Martini being duly sworn says that he is well acquainted with the applicant for a pension described in the annexed papers. That the said Gersham McDerwarker resides in the Town of Oswego in the County aforesaid. That there is no Clergyman residing in the neighbourhood of the said Gersham.
And this deponent further says, that the said Gersham McDerwarker is wholly dependent upon indigent relatives for subsistence. That he suffers greatly from the infirmities of age. That his memory has nearly failed, that his mind is impaired in a great degree by his decrepitude, and further says not.
Subscribed & Sworn this 8th day of April 1834. Before me
Robt. H. Martini
J. T. Brewster First Judge of Oswego County Courts
State of New York
Oswego County ss. I Eni Poor Clerk of the said County, of Oswego certify that David P.
Brewster before whom the above affidavit was taken was on the 8th day of April 1834 first Judge of Oswego County Courts & duly authorized to administer oaths and that I am acquainted with his hand writing, and that his signature above is genuine.
In Witness whereof I hereby sign my hand & attach my seal of Office. this 8th day of April 1834
Eni Poor Clerk

New York Returned
General Office Washington
RECEIVED

Oswego April 8 th 1834.
Pension office
I return to the Department the papers in support of the application of Gersham Van Denwarker for a pension. I have attached an affidavit of my own in order to meet the objection made by the Department in the "Statement" returned to me, that there was "no clergyman nor reason given". I might however have referred the Department to the Certificate of the Judges of the court, before whom the declaration was made.
I do not consider this Pension applicant capable of making a connected & consistent declaration of his service. I rely more upon the collateral evidence, and the affidavits of surviving witnesses. I do not know in what particular the affidavits can be improved, they are as explicit as can be obtained. - Can it be expected that the contemporaries of the Revolutionary war, can detail with minuteness their former actions at this remote period, and especially the actions of others, in which they had less interest? I hope, such a favourable action of the department may be had in this case to the extent that that its present claims to the character of evidence might seem to warrant. And I have no reason to fear that any portion of the applicant's claim will be wholly rejected ultimately. -
Robt. H. Martine