Revolutionary War Pension and Bounty Land Warrant Application File S. 928, Clement Updike, New Jersey

SERVICE
NUMBER
New Jersey
Updike, Clement
8.928.
CONTENTS
carded.

9812 9872 New Jersey
Clement Updike of West Windsor, in the State of New Jersey who was a Private in the Comp y commanded by Captain Stout of the Reg t commanded by Col l Huger in the Militia line for 16 months N.J.
Inscribed on the Roll of New Jersey at the rate of 53 Dollars 33 Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 21 day of June, 1833 and del d C. B. G. & Co. by of High St. Town N.J. Present
Arrears to the 4th of Mar — $106.66 Semi-ant. allowance ending 4 Sep 26.66
$133.32
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by H. Fancion Clerk Book E. Vol. 3 o Page 134

12232.
Clement uppike West Windsor N.J.
Capt Stout Col Loyer
Service estimated by Consent at 16 mo 2
adm d 18 mo pr.

State of New Jersey } Declaration in order to obtain the Benefit Middlesex County } of the act of Congress passed June 7 th 1832.
On this day of  Personally appeared in open court at a special term of the Inferior Court of Common Pleas in and for Middlesex County held at the city of New Brunswick now sitting being a competent Records Clement Updegraff a resident of the Township of West Windsor in the County of Middlesex and State aforesaid aged 71 years on the 26 th day of May last who being 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 when in the 1776 he was drafted under Capt. Sam l Stout of the 1 st Company of the Middlesex Militia and served under him at different times or tours nearly six months in guarding the Raritan Marched to Elizabeth Town. Newark. Pouleaskook. Amboy & c. Was next drafted under Capt. Mason Longstreet in the year 1777. Served six months at different tours principally engaged in guarding the Raritan in and around Amboy was again drafted under Capt. John Deey In a three times level Dania Luman In 1778. Was also drafted under Capt. William Conner a number of times and was called to New Brunswick and on as far as Elizabeth Town In the years 1779 and 1780 and 81 - was out various times and different tours in guarding at Brunswick Elizabeth Town. Springfield. Pouleaskook Amboy and on the Raritan ordering on the County of Monmouth. the Particulars of which he cannot now recollect he served under General Washington Col d M d . I consider S r I present produces the certificate of Asahel Applegate who knew him in the service of the State Militia and declares that he has no Documentary Evidence except the above relating to his services during the Revolutionary War and he doth hereby relinquish every claim whatever to a Pension or Annuity except the Present and also declares -

his name is not on the Pension roll of the agency of any State and he further declares that he hereby believes he was engaged in different Fours and Firms during the 8 th Revolutionary for about two years
Sworn to and subscribed the Day and year aforesaid Robert McHenry
Clement Updike
Said declaration includes the testimony of Asahel Applegate who served with the 8 th Updike
We David Comfort of the Town of Franklin Forest Co. N.Y. and Chas Chesney of the City of Middlesex do hereby certify that we are well acquainted with Clement Updike who has subscribed and sworn to the forgoing Declaration and believe him to be 71 years of age or nearly so 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 to and subscribed the Day and year aforesaid Robert McHenry
David Comfort Chas Chesney

Interrogatories Put by the Court to the Applicant
1 Where and in what year were you born
A In West Windsor Middlesex County N.J. Bm. A.D. 1761-
2 Have you any record of your age
A Buried in Myself
3 Where were you living when called into Service; where have you lived since the Revolutionary war, and where do you now live
A In West Windsor Middlesex Co N.J. - Do. Do.
4 How were you called into Service; were you Drafted, did you Volunteer, or were you a Substitute
A I was Drafted — in —
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
A Genl Washington Col Dyer Col Forman Col Luddon Col Morris Do
6 Did you receive a Discharge from the Service
A I did not except General
7 State the names of Persons to whom you are known in your present neighbourhood, and who can testify as to your character for veracity and their belief of your services as a soldier of the Revolution
A John Conner Nathaniel Labaree Peter Bagon Elijah Voorhees Levi Updike Do
known for their services in open court the day and year aforesaid
Edward Woodruff
And the S d Court do hereby declare their opinion after putting the Interrogatories Prescribed by the War Department that the above named Applicant was a Revolutionary Soldier

State of New Jersey Middlesex County
Personally appeared before me the Subscribed one of the Justices of the Peace in and for said County Ashur Applegate Who has Duly sworn according to Law Deposeth and Saith that he is acquainted with Clement Updike and knew and conversed with him in the same Battalions of the New Jersey Militia in the War of the Revolution and further Saith not
Taken & sworn before me July 30 th 1832.
Asher Applegate
John Smith J.P.
I certify that Ashur Applegate the Subscribing witness above is a credible Person And Entitled to credit & Belief

ms 873 1 2 3 4 5 6 7 8 9 10
Hot. 1 2 3 4 5 6 7 8 9 10
State of New Jersey } Middlesex County } ss I H. S. Haward Clerk of the Court of the County of Middlesex do hereby cer- tify that John Smith before whom the within affidavit was sworn was at the time a Justice of the peace of said County and duly authorized to administer oaths In witness whereof I have hereunto set my hand and seal of office this 17 th day of September A.D. 1832 H. S. Haward Clerk
12.232
Warden of the County of Middlesex

and served as he states and the Court Further certifies that the S d David Comfort who has signed the Preceding certificates is a legitimate resident in the town of Franklin in the County of Somerset and State of N- Jersey and that Charles G. McCloskey who has also signed the same is a resident of the same place and is a credible Person and that their Statement is entitled to Credit
J. P. Morgan
J. P. Ford
Robert McWhirter
Judges
J. H. M c Naughton Clerk of the Court of Com- -mon Pleas in and for the County of Middlesex in the State of New Jersey do hereby certify that the foregoing contains the original Proceedings of the S d Court in the matter of the application of Clement G. Dike for a Pension -
In Testimony whereof I have here- unto set my hand and Seal of office this 17 th day of September A. D. 1831
J. H. M c Naughton Clerk

State of New Jersey } Personally appeared before me Middlesex County ss } the undersigned John Smith a Justice of the Peace in and for the said county of Middlesex Clement Updike who Being duly sworn according to law 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 as a Corporal in the United States Militia of New Jersey from the commencement untill the close of the Revolu- tionary war terms amounting to not less than Two years - and for such Service I claim a Pension Sworn to and Subscribed this 28 th day of May A.D. 1833 John Smith
State of New Jersey } Be it known that on this 28 th day of May Middlesex County ss } A.D. 1833. Personally appeared before me John Smith one of the Justices of the Peace in and for the said county of Middlesex William Updike who being duly sworn according to law Deposeth and saith that he is well acquainted with Clement Updike and knew him as a Corporal in the ranks of the United States Militia of New Jersey and served with him in the years 1777. 78, 79, 80. in the following Places remembers seeing him. Amboy Crankey. N. Brunswm etc. Elizabeth Town. Bucks Town. Tuck- Cap - Breeze Point in Monmouth, during the said Revolu- tionary war - and further saith not Sworn to and Subscribed the day and year above written John Smith
I also certify that William Updike the above Sub- scribing is a credible Person and Entitled to Credit and Belief John Smith

State of New Jersey
Middlesex County I Nicholas Booracum Clerk of the Court of Common Pleas of the County of Middlesex do hereby certify that John Smith before whom the within depositions were taken was at the time a Justice of the Peace in and for said County duly com- missioned and sworn and that the Signature John Smith is his proper Signature
In Testimony whereof I have
hereunto set my hand and Seal of Office this 15 th day of June AD 1833
N Booracum Clerk

June 20 th 1833 I hereby consent to receive a Certificate for the within claimant to be computed for 16 months Private of Infantry and relinquish all other claims to a Pension under the Act of 7 th June 1832
Charles G. McChesney Attorney

12.232
Clément Updike
West Windsor Capt Stout Col Hoyer
56.16.
Specific reg n
P. 389.
May 33 Rimso
Chas. G. M c Chesney Height Farm N.Y.

BRIEF in the case of Clement Updike of West Windsor in the State of N. Jersey (Act 7th June, 1832.)
1. Was the declaration made before a Court or a Judge? Open Court 2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity? 3. How old is he? 71 years in May last 4. State his service, as directed in the form annexed.
   Period. Duration of Service. Rank. Names of General and Field Officers under whom he served.   Years, Months, Days, As a Gen.     In 17  No part of his Services defined with the precision necessary to ascertain the extent of any one term Declares that, he Verily believes he was engaged in different tours & terms for about two years   
5. In what battles was he engaged? None stated 6. Where did he reside when he entered the service? Middlesex County N. Jersey 7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls? Traditional evidence, and one living Witness 8. Are the papers defective as to form or authentication? and if so, in what respect? they are properly authenticated
I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
Wm Gordon Examining Clerk.

New York
INVALID.
File No.
928
Element Updi Re, Prio. N. J. Mil.
Act:
June 7 1832.
Index:—Vol.
a
, Page
384
[Arrangement of 1870.]
✓

12.232
Clement Updike N.J.
G.G. McChesney Hights Town N.J.

BRIEF objections to the admission of Pension Claims , of which those answered in the negative, in red ink, will apply to the claim of Clement Updike 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? Not all 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? Yes XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it? 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? 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? Yes 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? XVI. ‡ Are the papers authenticated as the regulations direct? XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered? They are answered
 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 shewn 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.