Revolutionary War Pension and Bounty Land Warrant Application File S. 23,985, David Vanderbilt, Penn.

SERVICE
Penn
Vanderbilt, David
NUMBER
S. 23985
CONTENTS

11.285 Pennsylvania
David Vanderbilt
of Adams Co in the State of Pennsylvania who was a Private in the Company commanded by Captain Paxton of the Regt commanded by Col McAllister in the Pennsylvania Trops —
8 Mo Private — $ 25. 55
Inscribed on the Roll of Pennsylvania at the rate of 25 Dollars 55 Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 19 day of April 1833 and sent to J. V. King — Gettysburg, Pa
Arrears to the 4th of March 1833 $ 53. 32 Semi-ant. allowance ending 4 Sept " 13. 33 $ 66. 65
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by J. F. Sprague Clerk, Book 8 — Vol. 5 Page 63 —
W. G. Wirt & Pension Agt. Apt. 27, 1837.

David Vanderbilt
22053

Pennsylvania
Adams County Pa. } ft
On this twenty eighth day of January 1833, personally appeared in Open Court before the Honorable John Reed President and his Associates, Judges of the Court of Common Pleas now sitting in and for the said County of Adams, David Vanderbilt a resident of the County of Adams and State of Pennsylvania, aged as he believes, seventy seven years, (he has no record of his age) 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 he entered the Service of the United States, by joining or enlisting in the Flying Camp, about the last of June 1776, in the Company commanded by Captain John Paxton, in the Regiment commanded by Col. Richard M c Callister, one Kennedy was the Lieut Col. and one Clarke was the Major (he has forgot their Christian names), he enlisted for six months; He marched with his company from Marshfield now in the County of Adams (then York) where he enlisted through York and Lancaster to Philadelphia, thence to Trenton New Jersey, Princeton, Brunswick, Amboy, Elizabethtown, Newark, to Bergen and thence to Fort Lee, where he staid till Fort Washington was taken, when he retreated with the Army through New Jersey to Trenton, when he crossed over to Pennsylvania, he being sick, did not rejoin with the Army the night before Christmas. On the first of January 1777, their time being out, he with the rest of the Regiment, was discharged. He thinks he never had a written discharge, if he had he has lost it. He was not acquainted with any of the Officers of the Regular Army nor can he recollect what Regular troops were with them at any time. While they lay at Amboy, he crossed over with a party to Staten Island, and had a Skirmish with a part of the enemy, and took 10 Prisoners, which was all the Battle he was in at that time.
In September 1777 he was drafted in the Militia, in that part of York County, which is now Adams County, and marched in the Company, commanded by Capt John King, Lieut William Hamilton, Ensign Elias Gready, in the Regiment commanded by Col. Rankin (who afterwards joined the enemy) Assumpt Vanordollen he thinks was the Major; he marched through York and Lancaster to the Army commanded by General Washington not far from Germantown, and having remained there a short time, they were ordered to join General Potter near Darby; they remained with him, moving back and forward, and occasionally skirmishing with parties of the enemy, till their time of service (two months) had expired, when he with his Company was discharged near the Fox Chase, and returned home.
He has no documentary evidence of his services, and knows of no person, other than John Brinkhoof Eger who can testify to his services.

We hereby relinquish every claim whatever to a pension or allowance, except the present, and declare that his name is not on the Pension Roll of the Agency of any State
Sworn to before Court 28 th January 1833. G. Blake Judge.
David Vanderbilt
Pennsylvania Adams County
Personally appeared in Open Court, John Brinkerhoff Esq., who being duly sworn according to law, doth depose and say, that he is well acquainted with David Vanderbilt, the before mentioned declarant, and has been acquainted with him for many years. That in the year 1776 towards the last of June, he was present, when the Regiment in whose bounds the deponent and the declarant resided, in the Western part of the County of York, which is now Adams County, was called together to try to make up a Company, to join the Flying Camp. They having heard that the British had landed on Staten Island, David Vanderbilt enlisted in my presence for six months, in the Company commanded by Captain John Payton; that in a few days afterwards he thinks on the first day of July 1776 he marched with Capt. Payton's Company towards York; that he saw letters from David Vanderbilt to his Grandfather, while he was gone, one was dated at Annapolis, and another at Fort Lee. That said David Vanderbilt came home some time in January 1777, at the same time that the rest of the Company came home; he went to see him a day or two after he returned - Deponent further says that in September 1777 David Vanderbilt the declarant was drafted in the Militia at the same time with this deponent and served in the same Company, the Company was commanded by Capt. John Ring in the Regiment commanded by Col. Rankin - that they marched through York and Lancaster and joined General Washington, after remaining there a short time, they joined General Potter near Brandywine as stated in the foregoing declaration that the said David Vanderbilt served out his term of two months faithfully, and when discharged, returned home with this deponent.
John Brinkerhoff
Sworn to before Court 28 th January 1833. G. Blake Judge.
We John Brinkerhoff and John Dickson residing in the County of Adams and State of Pennsylvania, hereby certify, that we are well acquainted David Vanderbilt, who has subscribed and sworn to the foregoing declaration, that we believe him to be seventy seven years of age; that he is reputed and believed, in the neighbourhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.
Sworn to before Court 28 th January 1833. G. Blake Judge.
John Brinkerhoff
John Dickson

And the said Court do hereby declare their Opinion, after the investigation of the matter, and after putting the interrogatories presented by the war department, that the above named Applicant was a Revolutionary Soldier and served as he then states. And the Court further certifies, that it appears to them that John Brunkhorst and John Dickson Esqrs. who signed the preceding certificate are residents in the County of Adams, and are credible persons, and that their statement is entitled to credit.
John Brunkhorst M c Whorter
Pennsylvania Adams County ss. I George Welch Notary Public of the Court of Common Pleas in and for said County of Adams. Do hereby certify that the foregoing contains the Original proceedings of the said Court in the matter of the application of David Vanderbilt.
In Testimony Whereof I have hereunto set my hand and affixed the Seal of said Court at Gettysburg the 28 th day of January 1833.
G. Welch Notary.

David Vanderbilt pa No 22653-
adm.
8 mos Private H 26.16
L. V. King Esq Gettysburg Penn a

WAR DEPARTMENT,
Pension Office,
April 19 th
1833
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 subjunct 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 David Vanderbilt
   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.     June 1776 enlist. 6 Pri. Capt. J. Paxton Col. R. McAlister Lt. Col. Kennedy Maj. Clark Col. Rankin From Adams 77 years Traditionary Witness   Sept. 1777 discharged 2 " Capt. 2nd King Thro York and Lancaster to Pa. then to Fort Lee then to Pa.  
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 } ss.
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 (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 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 , 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.

Gettysburg Feby 7 th 1833
Dear Sir
I send you herewith the application of David Vandebelt for a Pension; if a certificate is granted him you will please forward it to me
I am with respect
Yours &
J. L. Duncanson Esq.
Sam l W. King

Revolution
23985
INVALID.
ms
File No. 23985
Davis Vansittart
Rev. Rev. Mr.
Act: June 7 th 39 th
Index:—Vol. 9 , Page 457
[Arrangement of 1870.]