Revolutionary War Pension and Bounty Land Warrant Application File S, 16,279, John Vanderburgh, New York

SERVICE
New York
Vanderburgh, John
NUMBER
S. 16279
CONTENTS
carded

1758 24758
New York
John Vanderburgh
Herkimer Co in the State of New York was a Private in the Company commanded Captain McKinstler of the Regt commanded Col Wippenfelt in the NY (York) 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 20 day of Feb. 1834 and sent J. H. Hecker Little Falls, Herkimer Co NY
Arrears to the 14th of Sept. 33 — $75.00 Semi-ant. allowance ending April 34 15.00 $90.00
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by J. H. Cromwell Clerk, Book Vol. 4 Page 85

Vanderburgh 27
10193
write to George H. Fater Little Falls Herkinew joy N.Y.

Declaration in order to obtain the benefit of the Act of Congress; passed June 7, 1832.
State of New York Herkimer County ss
On this ninth day of October in the year of our Lord One Thousand eight hundred and thirty two personally appeared in open court before Michael Hoffman first judge John Mahon & Augustus Beardsley Judges of the court of Common Pleas of the county of Herkimer now sitting John Vandackburgh a resident in the town of Norway in the said county of Herkimer and state of New York, aged seventy 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- 1832
That he entered the service of the United States under the following named officers and served as herein stated. In the spring, he believes, of the year 1776 he enlisted as a volunteer for nine months, into the service of the United States, and went to Fishkill on the Hudson river to Muster, where he entered into a company of which one John McReister was Captain, and one Joel M c W h was Lieutenant. The Christian name of this officer - One Harry Dodge was, he believes, Adjutant of the Regiment to which this Company belonged. He does not recollect who was Colonel of this Regiment - The first move of the regiment was to West Point, where it remained for some time, but the precise length the can not recollect, next the regiment went to White Plains and from thence to Fort Plain in Montgomery County - At this place Colonel Debus commanded the regiment and one Captain White, and he believes Andrew White was Captain of the Company to which he belonged, the former Captain, John McReister having

been superseded in the command, either by death or other cause, unknown to Vanderburg. The regiment or a part thereof, including the company to which he belonged pursued the indian forces to Fort near  northwesterly of the Mohawk there was a battle about this time, a short distance from Fort Plain in the north side of the Mohawk river. He was in that battle, and they took 30 or 36 prisoners and three pieces of Cannon. From Fort Stanwix the Detachment went back to Fort Plain where Colonel Dubois late in the fall of the year 1776. From this station, he went as one of the guard to take the 30 or 36 prisoners before alluded to to Poughkeepsie. He thinks that the regiment was disbanded at Poughkeepsie  Fort Plain , and that each com- pany returned singly to their places of residence, and the one to which Vanderburg belonged went to Poughkeepsie. He took from a savage the scalp of Colonel Brown who had been killed & scalped at Stone Arabia . He was 14 years old when he entered the service of the United States
That in the spring of the year 1777 he again listed as a volunteer for six months and went to Fishkill again where they mustered. The Colonel  was Dubois name the Colonel who commanded the regiment, but the name of the Adjutant was Tolleh, but he cannot give his christian name. The name of the Captain of his company was Andrew White, the same as the year before. The regiment went to West Point and thence to Saratoga. He was one of the detach- ment sent out to destroy the bridges between Fort Edward and Saratoga to prevent the approach of Gen. Burgoyne & his army. And this detachment took a spy from Burgoyne's Army by the name of Thomas Lovelep who was afterwards tried condemned and hung

The Company to which Vanderburgh belonged was with several others drawn off from Saratoga a little before the battle of Saratoga and went to West Point to keep garrison, and remained there until disbanded again which he thinks was in the winter, the fore part of the winter of 1777 & 78 - He received a discharge from Capt. White but it is lost, or with some of the descendants of one John Clark who is dead & the paper cannot be found -
That there was a record of his age in the family bible of his father's family and he thinks it is now in the possession of  possession of his sister but he is not he has not seen it for fifty years - certain of that - He was residing in the town of Poughkeepsie when he entered the service of the United States - Since the revolutionary war he has resided at Pipsentundin in the County of Herkimer -
That he was born in Poughkeepsie in Dutchess county in the year 1762 That he has no record of his age - That he resided at Poughkeepsie when called into the service, & continued to reside there for ten years after the war, then removed to Norway in Herkimer County where he has ever since resided & now resides -
That he was called into the service as a volunteer, he enlisted -
That the following general officers were in the service where he served; viz; Colonel Weissenwalt, Colonel Dubois, Major Benscounter, that when he was in service on the White plains, the continental army was there & Gen. Washington was there That he did receive a written discharge, but it is lost ever since the close of the war,
That he is unable to procure the attendance in court of any witness who can state in detail his service, and any witness cannot be found who can state all his service, but he has the affidavit of James Van Devoort who resides at a distance and who cannot be brought to court without great expense as he is almost helpless & infirm from age

That he is known to Stephen Arny & Henry Tillinghast residing in his present neighborhood and who can testify as to his char- acter for veracity and their belief of my services as a soldier of the Revolution -
That no clergyman resides in his neighborhood to whom he is known, and who can certify as to his character & services -
John Vanderburgh
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 to his knowledge or belief -
Sworn in Open
Oct. 9th 1832
Julius E. Nelson Clerk
John Vanderburgh

We, Stephen Avery, residing in the town of Salisbury in Herkimer county, and Henry Tillinghast of the town Noway in said county,
do hereby certify that we are well acquainted with John Vanderburgh who has subscribed and sworn to the above declaration. That we believe him to be seventy 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 & subscribed this _____ day of _____ in the year of our Lord one thousand eight hundred and _____ Open Court Stephen Avery Henry Tillinghast Julius C. Nelson Clerk
And the said Court of Herkimer 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 Stephen Avery of Salisbury in Herkimer county, who has signed the preceding certificate, is a resident of Salisbury aforesaid and that Henry Tillinghast who has also signed the same is a resident in the town of Noway in said county. And are credible persons and that their statement is entitled to credit.
Julius C. Nelson, Clerk of the Court of Common Pleas in & for the County of Herkimer do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of John Vanderburgh.

for a pension -
In Testimony whereof I have hereunto set My hand and the seal of the said Court of the County of Middlesex this ninth day of October in the year 1832 -
Julius E. Nelson Clerk

16193
John Vandenburg Herkimer co. New York
Admitted Private 9 months
4 years service before he was mustered out. could not be in the army except this was circumstances making this an exception to the rule cannot be allowed
Geo. H. Futer Little Falls. 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 subjoined 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 John Vandenburg, Herkimer Co. N. York
   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.     Enlisted 1776 9 private Capt. McKinster Lieut. Col. Capt. White Col. Missenall Col. Dubois near Fort Plain to West Point White Plain Fort Plain 70 Poughkeepsie N.Y. Witness papers both true, but not substantiated   Volunteer 1777 6 Capt. White Col. Dubois West Point thru to Saratoga Poughkeepsie  
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 (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of
Sworn to and subscribed the day and year aforesaid.
A. B.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states.
I _____ of the Court of do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of _____ for a pension.
In testimony whereof I have hereunto set my hand and seal of office (i) this day of _____ &c.
 If, on examination of the proper record the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out. 
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz:
(k) We, A. B., a Clergyman, residing in the _____ and C. D. residing in (the same) hereby certify, that we are well acquainted with _____, who has subscribed and sworn to the above declaration; that we believe him to be _____ years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.
Sworn and subscribed the day and year aforesaid.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that A. B.
who has signed the preceding certificate is a clergyman, resident in the and that C. D., who has also signed the same is a resident in the and is a credible person, and that their statement is entitled to credit.
I, _____ Clerk of the Court of _____ do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of _____ for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this                      day of                      &c.
Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction.
If such surviving witness cannot be found, the applicant will so state in his declaration (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 [j] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in note [j] applies to continental troops only.
[l] This traditional evidence is indispensable in militia cases.
[m] If a witness cannot be found, the declarant must state the fact.
[n] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.

16.279 INVALID.
File No. 16279
John Vandeburgh his New was
Act: June 7 th 32
Index:—Vol. 1 , Page 448
[Arrangement of 1870.]

I the undersigned James Van De Bogart of the town of Mayfield in the county of Montgomery in the State of New York do hereby swear that I am well acquainted with John Van denburgh and have for a long time. Our first acquaintance to the best of my belief was in the year 1773 in the town of Poughkeepsie in the county of Dutchess in this State. Some time in the year 1776 the said John Van denburgh entered the service as a nine months man under the command of Capt. Andrew White in the New York State troops and that he was out some time longer than he volunteered for. That some time in the year 1777 to the best of my recollection he was out in the war the exact time I can not say but I believe a year or nearly so but over nine months as we expected him at the expiration of nine months but he did not arrive home for a long time afterwards. I remember the said Van denburgh being absent in service as we made the same house our common home during the revolutionary war, but as I was often absent on duty myself I can not recollect the exact time
Sworn and subscribed before me this 5th day of September 1832 at Poughkeepsie
James his X Van De Bogart Mark
D. C. Henderdson
Commission of Deeds Herkimer County ss.
Clerk's Office } I Julius C Nelson Clerk of the said County do certify that Daniel C. Henderdson before whom the foregoing Affidavit appears to have been sworn, was on the day of its date a justice of the peace in and for said County and duly authorized to act as such, and that I am acquainted with the hand writing of the said justice and justly believe the name of "D. C. Henderdson" subscribed to the said Affidavit to be his proper hand writing and signature - Witness my hand and seal of office this 10th day of October 1832 Julius C Nelson Clerk

I hereby certify that James Van De Bogart named & described in the foregoing affidavit and who made his mark in the signature thereto after having the same read to him and who made oath to the truth of the facts therein contained on the fifth day of September 1832 before me is a credible witness & has a good character for truth & veracity when he is known Given under my hand in the County of Herkimer this 24 th day of June 1833 -
D. C. Henderson
Commissioner of Deeds
Herkimer County Clerks Office
Q: I Julius C. Nelson Clerk of the said County do certify that Daniel C. Henderson before whom the foregoing affidavit purports to have been sworn was in the act of its date a justice of the peace in & for said County & duly authorized to act as such & that I am acquainted with the hand writing of the said Justice & hereby believe the name of "D. C. Henderson" subscribed subscribed to the said affidavit to be the foregoing Certificate to be the proper hand writing & signature of the said D. C. Henderson, & that at the date of the foregoing Certificate the said D. C. Henderson was a Justice of the peace in & for said County & duly authorized to act as such - In Witness whereof I have hereunto set my hand & seal of office this 3 rd day of August 1833 - Julius C. Nelson Clerk

Personally appeared before me, the undersigned, a Justice of the Peace of the town of Little Falls in the County of Herkimer John Van Amburgh who being duly sworn doth depose & say, that he entered the service of the United States in the Spring of the year 1776 as he believes, by enlisting as a volunteer for nine Months, and went to Fishkill on the Hudson River river to muster, he entered into a Company Commanded by Capt. John M c Kinstler, one Lieut. Wick was Lieutenant, Col. M c Kinstler Commanded the three Christian name deponent can not now recollect Regiment & one Henry Dodge was Adjutant of the same as deponent believes. Deponent thinks the Regiment continued at Fishkill about three weeks & was drilled every day by Lieut. Dodge, till they were thought fit to be attached to the Army, the Regiment then moved to West Point, where it remained for some time, but how long deponent will not pretend to state, the Regiment was then ordered to White Plains & from thence to Fort Plain in the County of Montgomery - at this Plain Col. Dubois took Command of the Regiment & one White took Command of the Company to which deponent belonged - Captain John M c Kinstler having been substituted in the Command for cause unknown to this deponent, The Regiment or a part thereof, including the Company to which deponent belonged pursued the Indians & and Tories under the Command of Brant & Butler, northward of the Mohawk; there was a battle fought about this time a short distance from Fort Plain on the North side of the Mohawk River - deponent was in the battle & assisted to take 30 or 36 prisoners other prisoners of Brant - From the Station at Fort Plain deponent went as one of the guard, to take the 30 or 36 prisoners to Poughkeepsie - Deponent thinks that the Regiment was disbanded at Poughkeepsie, and that each Company returned singly to their place of residence, and the one to which deponent belonged went to Poughkeepsie - Deponent took from a Savage the Scalp of Col. Brown who had been killed

at New Arabia with the Indians & Tories - Deponent was discharged from the Service at Poughkeepsie - Deponent Cannot State the month he was discharged - but swears positively that he fully served the nine months the term for which he enlisted -
Deponent again entered the Service by voluntarily enlisting for six months in the Spring of the year 1777 & served the full term of his enlistment, as set forth in his former declaration, which deponent thinks it is an essay to repeat. Deponent is informed by George H. Foster Esq. that he is required by the Department to produce the testimony of two credible witnesses to prove his service service the six months, State to have been rendered in the Regiment of Col. Dubois - & which deponent again asserts was rendered & fully performed as stated in his former declaration - But at the time deponent went to Fishkill to commence his six months service there were a great number of new recruits collected there & Adjutant Dodge was then drilling them the same as the Spring previous - The regiment was called Dubois & one Welch was the Adjutant, & after the Regiment moved to West Point, about three weeks after, Dubois took Command of it - but during the three weeks that deponent continued at Fishkill there was no Col. with the Regiment. Adjutant Welch had the Command & then Dodge drilled the new recruits. deponent is unable to procure any further testimony of his services than he has already delivered - He knows of no one of his old Companions in Arms, whose affidavit he can procure to support his statement of his services; & feels that it would be hard, to be refused pay for his nine months service , to which, he is informed there is no objection because that it is his misfortune that his name does not appear on the rolls of Col. Dubois Regiment, for the six months service and hopes and believes that such will not be the final determination of the application  his application . If the proof of his six months service, is not deemed sufficient by the

apartment, & it being the last deponent can procure it is hoped it will not prejudice his application for a pension for the nine months service, for which time deponent prays to be allowed and further this deponent saith not sworn & subscribed this 22 nd day of November A. D. 1833 Before me Wm Brooks J.P.
John Vanderburgh
Town of Little Falls Sp: I the undersigned Justice hereby Certify that John Vanderburgh who subscribed the foregoing affidavit & made oath before me to the truth of the matters therein contained, is a person well known to me, & that he sustains a good moral character & his statements are entitled to full credit & belief. Given Little Falls Novr 22 nd A. D. 1833. Wm Brooks J.P.
State of New York Herkimer County ss
I Julius C. Nelson Clerk of Said County, & of the Court of Common Pleas of Said County do hereby certify that William Brooks who administered the oath to John Vanderburgh, who subscribed the foregoing affidavit & certified to the credibility of said Vanderburgh, & whose signature is affixed thereto was at the date thereof an acting Justice of the peace in & for Said County in full Commission and authorized to administer oaths, & that I am well acquainted with the true writing of said Justice & believe the signature "Wm Brooks" to be his own proper handwriting. In witness whereof I have hereunto set my hand & seal of office this 29 day of November A. D. 1833. Julius C. Nelson Clerk