Revolutionary War Pension and Bounty Land Warrant Application File S. 11769, Joseph White, New York

NUMBER
SERVICE
New York
White, Joseph
S. 11769
carded
CONTENTS

Reviving
11769 INVALID.
File No. 11769
Joseph White Pris New Mar.
Act: Joanne 7th 32
Index:—Vol. a , Page 404
[Arrangement of 1870.]

In the matter of the Application of Joseph White for a Pension — " — "
24542
adm d
14i mofri
$48.33

State of New York } Rensselaer County, City of Troy } ss: On this fifth - day of September in the year of our Lord one thousand eight hundred and thirty two personally appeared in open Court before the judges of the Court of Common Pleas called the Mayor's Court of the City of Troy now sitting Joseph White resident of the town of Napan in the County of Rensselaer and State of New York aged seventy eight years, who being first duly sworn according to law doth on his oath make the following declaration, in order to obtain the benefit of the act of Congress passed June 7 th 1832
That he entered the service of the United States under the following named officers and served as herein stated That is to say, In the month of May in the year one thousand seven hundred and seventy six he was drafted from the militia and formed into a Company, at a place then called Kings District, now the town of Chatham in the County of Columbia and State of New York which Company was commanded by Jacob Vosburgh as Captain but that he cannot remember the name of either of the Subalterns, belonging to such Company That from thence he was marched to Albany where they remained three days, and then marched up the river crossed at Troy and proceeded from thence to Fort Edward, where he was engaged in strengthening the works of defence at that place in the performance of the ordinary duties of a soldier until the month of December of the same year when after having performed seven months service he was discharged & returned home where he remained until the summer following when on or about the first of June of the year One thousand seven hundred and seventy seven he volunteered into a Company of volunteers raised and commanded by Captain Rowland Gifford of Kings District aforesaid, That he cannot remember the names of the other officers of the Company. That with this Company he was marched by the same route as aforesaid to Fort Edward aforesaid and from thence to Lake George, and was stationed for a time at Fort George at the south end of the lake where he remained until the approach of the British Troops under Burgoyne when the Fort was blown up by the American Forces, and they retreated to the south under General Schuyler, and proceeded

down the Hudson River to and below Still Water, that he was actively engaged in grinding axes, cutting posts preparing fascines and in constructing the works and intrenchments at Bemis' Heights in the neighborhood of Stillwater in the County of Saratoga, until the battle of Saratoga. During which time he was engaged in guarding the wagons having been specially detailed for that purpose, with about thirty others. That he remained in the service until about a month after the surrender of Burgoyne when and on or about the twentieth of November he was discharged and returned home, after having served five months and an half . That in the month of June in the year one thousand seven hundred and eighty — an alarm being given that the Indians and Tories were approaching from the west, he was drafted into a Company of Militia commanded by Captain Abijah Ketchum of Kings District aforesaid and was marched from thence to Albany & then westward to Cherry Valley, where they arrived shortly after the Enemy had burnt Cherry Valley & massacred the inhabitants that they went in pursuit of the Enemy in a northerly direction to Stone Arabia, but they had obtained so much the start that the forces with him could not overtake them, that they remained at Stone Arabia, a few days and then after having been engaged in this town of service for the term of two months he was discharged & returned home. That the whole service performed by him in the aggregate amounts to fourteen months, and an half that from the best information he can obtain all the officers above named are now dead and that there is not to his knowledge a surviving witness now living to establish by his personal knowledge the facts above detailed.
That In answer to the interrogatories propounded by the War Department he says.
First. That he was born in the town of Mansfield in the County of Taunton in the State of Massachusetts, on the twenty sixth day of August in the year one thousand seven hundred and fifty four. Second. He has no record of his age nor is there any to his knowledge

as the same together with his father's house was burned many years since,
Third. That he was living at a place then called King's District now Chatham, in the County of Columbia and State of New York when he first entered the service. Where he resided during the whole of the war of the revolution & where he continued to reside until the year one thousand eight hundred and eleven at which time he removed to the town of Napan in the County of Rensselaer where he has resided ever since and now resides,
Fourth. That he was first drafted into the service as above detailed.
Fifth That the only officers besides those above named that he can remember are Generals Gates and Arnold who were in command with the Army at Stillwater, and that the circumstances of his service are as above detailed.
Sixth. That he never received any written discharge from the service, nor has he any documentary evidence whatever thereof.
Seventh, That he is acquainted with Stephen  John Koon Gregory, and William Hunt and divers other citizens of his neighbourhood who can testify as to his character for veracity and as their belief of his services as a soldier of the revolution, but owing to the fact of the recent death of the Rev Stephen Olmstead, he is no acquainted with any clergyman who can certify for him as above,
He hereby relinquishes every claim to a pension or an annuity ex- cept the present, and he declares that his name is not on the pension roll of the agency of any state.
Sworn and subscribed the day and year aforesaid
Joseph his X. White (mark)
Archibald Ball Clerk
We John Koon  a clergyman residing in the town of Nassau  and in the County of Rensselaer and William Hunt residing in the town of Nassau in the same County hereby certify that we are acquainted with Joseph White who has subscribed and sworn to the above declaration

that we believe him to be seventy eight 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 and Subscribed, the day and year aforesaid Archibald Bull Clerk
John Koon
William Hunt
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 John Koon who has signed the preceding certificate is a resident of the town of Napan in the County of Rensselaer, and that William Hunt who has also signed the same is a resident of the same town and County and that each of them is a credible person, and that their statement is entitled to credit.
I Archibald Bull clerk of the Mayor's Court of the City of Troy do hereby certify that the forgoing contains the original proceedings of the said Court in the matter of the Application of Joseph White for a pension.
In testimony whereof I have hereunto set my hand and seal of office this fifth day of September in the year of our Lord one thousand Eight hundred and thirty two.
Archibald Bull Clerk

24.542.
Joseph White
Rensselaer Co New York
adm d
J. Koon Nassau. Rensselaer Co 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 Joseph White. Rensselaer Co. N. York.
   Period when the service was rendered. Duration of the claimant's service. Rank of the claimant. Names and rank of the Field officers under whom he served. Age at present, and place of abode when he entered the service. Proof by which the declaration is supported.   Years. Months. Days.     May 1776 " 7 " Priv Capt. Vosburgh 78 years Traditeonary.   June 1777 " 5 15 " Gen. Schuyler Capt. Gifford Colum bia Co. N. York   June 1780 " 2 " " Capt. Ketchum  
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 days and year aforesaid.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that A. B. who has signed the preceding certificate is a clergyman, resident in the _____ and that C. D., who has also signed the same is a resident in the _____ and is a credible person, and that their statement is entitled to credit.
I, _____ Clerk of the Court of _____ do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of _____ for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this _____ day of _____ &c.
Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction.
If such surviving witness cannot be found, the applicant will so state in his declaration, (l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his alleged service, as they are known at the Department. A very full account of the services of each person

will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.
The Court will propound the following (m) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.
 1. Where and in what year were you born?  2. Have you any record of your age, and if so, where is it?  3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?  4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom?  5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services. 
 6. { To a Soldier. { Did you ever receive a discharge from the service, and if so, by whom was it given, and what has become of it? To an Officer. { Did you ever receive a commission, and if so, by whom was it signed, and what has become of it? 
 7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution. 
The Court will see that the answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant.
The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons—one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion. If one of these persons is a Clergyman, the Court will so certify, and they will also certify to the character and standing of other persons giving such certificates.
The traditional evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party. And the Courts are requested to be very particular in the 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.
□ 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.
[k] This traditional evidence is indispensable in militia cases.
[l] If a witness cannot be found, the declarant must state the fact.
[m] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.
Joseph Rowen