Revolutionary War Pension and Bounty Land Warrant Application File S. 28922, Derick Van Vranken, New York

SERVICE
NUMBER
New York
Van Vranken, Derick
B. 28922
CONTENTS
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24.260 New York
Derick Van Franken
Schenectady in the State of New York was a Serjt. Q.C. in the Comp. commanded by Captain Schornvost  Misner of the Regt. commanded by Col. Gordon in the New York Art. for 5 Months and 28 days. Serjeant.
2 " " 3 " " Private $25.36 $35.36
Inscribed on the Roll of New York the rate of $35 Dollars 36 Cents per annum to commence on the 14th day of March, 1834.
Certificate of Pension issued the 16 day of Nov. 1833 and to the G. F. Yates Schenectady
arrears to the 14th of Ap. '33 $88.40 Semest. allowance ending 1st '34 17.68 $106.08
Revolutionary Claim, Act June 7, 1832. G. F. Yates
Recorded by G. F. Yates Clerk Book E. Vol. 4. Page 85.

19861
In the matter of the application of Derick V m Frankun for a pension
Proceedings
No 82. to the can of files H. Yates Schenectady. N.Y.

State of New York County of Schenectady ss - 3
On this twentieth day of October in the year of our Lord One thousand Eight hundred & thirty two, personally appeared in open court, before the Judges of the Court of Common Pleas in & for said County, now sitting Derick Van Frank a resident of the town of Vishayuna in said County & State, aged Eighty two 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 —
He was born in the town of Vishayuna ————— in the County of Schenectady ————— in the State of New York on the thirty first day of December 1750. The has no record of his age is contained in the Church Register of Vishayuna
When he was called into the service of the United States in the army of the revolution, he was living in said town ————— and since the revolutionary war he has lived in the same place
————— and he now lives in the town of Vishayuna aforesaid — — He entered the service of the United States, under the following named officers, and served as herein stated — In the year 1775, he entered the service of the United States in the army of the revolution, at Captain Nanning Fish 's Company of Militia in Colonel James Van Schoonhoven 's Regiment. His other Company & field officers whom he recollects were John Van Frank & Nicholas P. Van Frank Lieutenants & Major Taylor

He mounted guard at the passes in the vicinity of the place where he lived, along the Mohawk river on many occasions - at one time for one month and two weeks.
He served in the several expeditions engaged in by the militia of his Regiment during the years 1776, 1777, 1778, 1779, 1780, 1781, & 1782. All these his memory does not serve him sufficiently well to specify. It is well known that there were divers disaffected persons & families residing at or near the different posts & passes along our frontiers, who assisted the enemy & their savage allies & often joined them in their murderous & predatory incursions on these frontiers. Detachments of militia, were in consequence often called out, and what with service with these & small reconnoitering parties, he was almost constantly on duty, and is certain that the different terms of his services when added together, will exceed twelve months.
He has marched to and performed military duty at Fort Edward, Ballston, Canajoharie, Palmertown, Lake George, Ticonderoga & many other places.
While a member of the aforesaid company, he served for the term of three years therein as a sergeant.
He engaged in no battles or skirmishes during said war except

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 Gordon, Generals Schuyler, Gen Broek, Van Rensselaer, Gaan - servert Colonel Arnold. willist & others
He never received any written discharge from the service.
He has no _____ documentary evidence, and knows of no persons whose testimony he can procure who can testify to his service ; except those whose depositions are hereto annexed
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
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. Brown
Clerk.
his Dierick T Van Wanken mark
County of Schenectady ss Dierick Van Wanken the applicant who has subscribed & sworn to the foregoing declaration being duly sworn saith that by reason of old age & 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 period mentioned below in the grade of a private soldier until the end of the year 1777, and subsequently until the end of the war in the grade of a sergeant in said Company of Captain Nanning Fisher. He served for a term not less than one month at Fort Edward under Captain Fisher in the year 1777 as a private soldier. He served for a term of at least

one month at Canajoharie performing garrison duty under Command of Captain Hicks - year not recollected in the grade of a sergeant — He served at Palmentown under said Captain Hicks for the term of one month performing garrison duty as a Sergeant and as sergeant he has performed garrison duty at Dunning Street for three weeks or more under said Captain Hicks, year not recollected & at Halfmoon he served two months performing garrison duty under the Lieutenant of said Company of Captain Vanning Fisher - year not recollected also in the grade of sergeant at Lake George two months performing garrison duty under Captain Fisher aforesaid.
He mounted guard at different places along the Mohawk river on different occasions & in different years during said war, to prevent the ingress of Tories, for a term in the whole exceeding two months, but this Deponent cannot positively swear to a longer period than two months in the grade of private. This Deponent has on several occasions been on express from Albany to Halfmoon & from Schenectady to Canajoharie for a term in the whole exceeding three days - for which service of at least nine months. This Deponent claims a pension of two months & 21 days as a private & seven months and three days as a sergeant.
Subscribed & sworn to this 27 th June 1833 before me John C. Justice of the peace.
Declarations of the of the mark
I the undersigned John C. Justice do hereby certify that the above named Deponent

Derick I do hereby certify that it appears from the Records of the Reformed Protestant Dutch Church in Albany that Derick son of Peter Van Vranken and Neiltje Groot was baptized Jan'y 19 th 1751 —
Albany Oct r 5 th 1832 —
John Ludlow Porter of the R.P.D. Church in Albany —

County of Schenectady ss
I, Nicholas P. Van Vranken late
a Lieutenant in Captain Nanning Fisher's Company of Militia in Colonel James Van Schoonhoven's Regiment, do hereby certify that I am well acquainted with Derrick Van Vranken who has subscribed & sworn to the preceding declaration that said Derrick was a member of said company during said war, & served as a sergeant therein from the year 1777 until the end of said war - I remember in particular that he performed garrison duty under me at Forts Fisher's ferry in said town of Halfmoon I believe in the latter part of the year 1776 & the beginning of the year 1777, for a period not less than two months he performed the like duty under me in the summer & fall of the year 1777 at Fort Edward & the other posts occupied by the American army for a period exceeding one month - In the year 1776, he performed the like duty under me at Lake George & Fort Edward, for a term not less than two months - I know said Derrick served on many other occasions in said company & also in other companies & engaged in some expeditions in which it did not fall to my lot to accompany him and further I do not
Subscribed & sworn this 23
Nich o P. X Van Vranken
day of September 1833
mark
before me, and I hereby certify that said Deponent Nicholas P. Van Vranken sustains the reputation of being being a man of credibility I believe him to be such - John Carl Justice of the peace
Derrick Van Vranken

State of New-York, County of Schenectady, ss.
On this twentieth day of October 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, Claus J. V. Vranken a resident of the Town — of Niskayuna in the County of Schenectady who being duly sworn, doth depose and say, that he was in the time of the revolutionary war and is now well acquainted with Derrick Van Vranken who has subscribed and sworn to the preceeding declaration; that this Deponent served in the same Company with said Derrick Van Vranken during said war & knows that he said Derrick Van Vranken served in said Company from the year 1775 until the end of said war; to wit in the Company commanded by Captain Winning Fisher aforesaid, that this Deponent has served with said Derrick at Canajoharie, Fort George & at the several posts along the Mohawk River & in the other campaigns set forth in said declaration.
Subscribed & Sworn in open Court this 20th day of October 1832.
Claus J. Van Vranken
John S. Vroom (Clerk) I, David Boyd First Judge of the County Courts in & for said County do hereby certify that I have for a long time been well acquainted with Claus J. Van Vranken who has subscribed & sworn to the above deposition & believe him to be a man of the strictest veracity & that his statements are entitled to the fullest credence & belief. Witness my hand this 23 rd Sep 1833
L. D. Boyd

I, John S. Vrooman Clerk of said County, do hereby certify that the aforesaid Klaus J. Van Vranken is, and that he appeared to said Court to be a man of Credibility & that his statements are entitled to full credit - and I further certify, that John Cook whose name appears to the jurata of the preceding deposition of Derrick Van Vranken was on the day of the date thereof a Justice of the peace in and for said County, & that the signature to the same purporting to be his is genuine.
In testimony whereof I have hereunto set my hand & seal of office this 4 th day of July 1833 - and I further certify that David Reed who has signed the preceding certificate of Credibility was at the time thereof First Judge of the County Courts in said County & that his signature is genuine And I further certify that John Cook before whom the preceding deposition of Nicholas P. Van Vranken purports to have been sworn was at the time thereof a Justice of the peace in and for said County & that his signature is genuine. Witness my hand as aforesaid & the seal of said County, this 23 rd day of September 1833
John S. Vrooman Clerk

WE Claus J. Van Frank residing in the town of Niskayuna in the county of Schenectady aforesaid, and John Quackenbop residing in the city of Schenectady — Derrick Van Frank who do hereby certify that we are well acquainted with Derrick Van Frank who has subscribed and sworn to the above declaration; that we believe him to be eighty two 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. Brooman
Clerk.
Claus J. Van Frank John Quackenbop
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 Claus J. Van Frank is a resident of said town of Niskayuna , & that John Quackenbop is a resident of said city of Schenectady , & that Claus J. Van Frank signed the above certificate is a resident of said city, & are both credible persons and that their statement is entitled to credit.
I John S. Brooman 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 Derrick Van Frank for a pension.
In testimony whereof I have hereunto set my hand and seal of office, this twentieth — day of October in the year of our Lord one thousand eight hundred and thirty-two.
John S. Brooman Clerk.

1019861
Leitch Van Braine Schenectady 60 N. York
ly.
Admitted
Inglant 5 mo & 21 day Photo - 2 " & 3 - "
Giles T. Gates ag Schenectady N. York

WAR DEPARTMENT,
Pension Office,
183
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, shewing the Service of Gerick Van Vranken taken at day 6: 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.     1775 Capt Lick Col Van Staten Is Ag. 82   1776 Lt Inban Major Idem Schenectady   1777 - 1 24 Pr Vranken Col Baltimore by C.N.Y. { Clause of Van Vranken as to the opinion from 1775 to the end of the war   1778 1 24 Sergt Lt Nick Col Gordon Palmerston   1779 2 - " Van Vranken Br Schuyler Ticonderoga   1780 2 - "   1781 3 Revolutionary   1782 7 24   he says in all 1   He far then 3 age   say he was Sergeant  
2.3 P.M. 5.21 P.M. 7.25 P.M.
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, 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 (s) 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 do hereby certify (h) that the foregoing contains the original proceedings of the Court of the application of said Court in the matter 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 true and correct copy of the original.
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 (1) 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 , 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.

28922 I
June 17/95
Penguin Bureau at Washington Can you give me any informa- tion concerning Jerrick Von Francke, or Jerrick Van Franken , who was a soldier during

this Revolution?
His home was on the Mohawk River, five miles from Schenectady. He drew a pension after the war. I am told.
If it is not with-in your province do give me this information

Will you kindly tell me how I
can obtain it - And oblige
Mr. Fred Flury Bryn Mawr Hotel Bryn Mawr Penn.

No. 21922
Deich Am Franken
St. Peter
Act: June 7 th '82
Box: Vol. 3 , Page 495
[Arrangement of 1890.]

18th Feb 1841 Wed 18th Feb 1841 1841