Revolutionary War Pension and Bounty Land Warrant Application File R. 11,651, William Wilsey, New York

SERVICE
NUMBER
New York
Wilsey, William
R 11,651
CONTENTS

Declaration of William Wilsey
No 6125.
26

8 m. & 2 days would be admitted in this case, but nothing for the furious or a minute man

DECLARATION, IN ORDER TO OBTAIN THE BENEFIT OF THE ACT OF CONGRESS, PASSED JUNE 7, 1832.
STATE OF NEW-JERSEY, } County of Morris - } ss.
On this 31 st day of July 1832 personally appeared, in open court, before the Judges of the court of Common Pleas — now sitting William Hilsay — a resident of Roxbury Township — in the County of Morris — and State of New-Jersey, 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, 1832. That he entered the service of the United States, under the following named Officers, and served as herein stated:
That he was born in the Town of Poughkeepsie County of Dutchess State of New York in the year seventeen hundred and fifty — he was drafted into the Militia at Poughkeepsie in the year 1777 into the Compa- ny of Captain Barnardus Martineau and marched to Fish- kill joined there Col. Frey's Regiment staid there two weeks and was then dismissed, was next marched to Kings Bridge in the month of February some year under Captain Van Klief and joined Col. Frey's Regiment, remained there three weeks, then dismissed, — from the time he was drafted, for four years successively he served as a Minute man, and was employed for twenty four hours every week mounting guard on the River line for four weeks; — was engaged in a skirmish at Kingston, and never asked or received any discharge from service but served faithfully thro' the whole war
Before he was drafted into the Militia he volun- teered his services and was on duty for two or three weeks prior to the year 1777. —
He verily believes that all his terms of service, including that called the "Minute men" service, will amount together to four & a half years. And he would refer to Benjamin Conduit Esq. & Joshua Case, both of whom have known him for the time he has lived in this State, which is about one year, for his character & standing for truth. He has no record of his age

State of N. Jersey } p. Be it known, that on this 15 th day of May 1833, before the subscriber Morris County } one of the Justices of peace in & for the County of Morris, personally came William
Wilsey of said County, aged 83 years, a man of fair character & good standing for veracity, & being first duly sworn according to law, saith, that he is the same William Wilsey, who on the 31 st day of July last, 1832, made & submitted before the Judges of the Inferior Court of Common Pleas of said County, the within Declaration, to enable him to obtain the benefit of the Act of Congress of June 7 th 1832. — That when said Declaration was made, he did not know himself, that it was in regard to specific particulars & minutely, the several tours of Militia service which he performed in the Revolutionary war, stating the duration of each tour, & the various officers who commanded him on each occasion. — That when he attended the Court for that purpose, the Court room was thronged, & business transacted in too great haste to allow time for recollection. — That he answered such questions touching his services as the Court & his lawyer propounded to him, & signed the Declaration which might have been made more specific, had time been allowed, & the necessary questions been put to him. — He now desires, that the Secretary of War, & the Commissioners of Pensions, will receive
this as his amended Declaration, explaining more fully the original already referred to. His first tour of service was in the year 1777, in August or September — is not certain which month — most probably a part of each month. He was commanded by Capt. B. Swartout, stationed at Fishkill probably a part of each month. He was commanded by Capt. Van Kleeck's company, Col. Frey's Regiment — was on the last day of December following, in Capt. Van Kleeck's company, Col. Frey's Regiment — was stationed at Kings bridge upon guard duty for a term of six weeks, was then dismissed. — In a few weeks thereafter, an alarm was made & he was again called out under the same officers, & was stationed at Pikes hill on the Hudson river, performing guard duty. — He was kept out on this tour, two weeks — was then dismissed & went home. — In the following summer (1778) was again ordered on Militia duty under Capt. Swartout — was stationed at West point & the adjoining shores, upon guard duty. He does not recollect the month, but it was whilst he was upon this tour, that Genl. Washington crossed the Hudson at Kings bridge. He was out 5 weeks on this tour.
In the same summer, he was again called out under Capt. Van Kleeck — was stationed for two weeks at Fish kill, performing guard duty along the river border. — Early in the following autumn he was stationed one month, at Poughkeepsie, keeping guard at the ship yards, and a company of Capt. Van Kleeck again. — In the same fall, he was again stationed at the same place, & under the same officers, to strengthen the body guard of Governor Clinton, for the period of two weeks. —
In November & December following, he was again ordered into service under the same company officers & was out for a month, stationed upon & near the line of the river, as a scouting party, watching the movements of the enemy & of the Refugees & Tories, & occasionally pursuing their plundering parties. — His 2 d tour of duty, which in his original Declaration, is stated to be in February, he now recollects began on the last day of the old year, & that the New year holidays, were spent on this tour, which expired in February, having been out six weeks. —
Regarding on the Hudson river, which was in the power of the enemy for several years, he was enrolled in a corps of the Militia, commonly called "minute men", whose duty it was to be in readiness at a minutes warning, to march whenever their services might be demanded to repel parties of the enemy & of Tories, who constantly annoyed the inhabitants residing upon & near the river, upon these occasions, he & his company would be absent for various periods — sometimes for two weeks — for three weeks, or for one week. These calls were so frequent, it is impossible for him now to specify each one. They continued for a period of four years from his first entering the service in 1777, & beside his tours of duty already specified, it was a part of his Militia duty assigned him by his officers, to mount guard upon the river line for twenty four hours in each week, in regular rotation with others, to guard the inhabitants from being surprised by sudden incursions of the enemy. This duty he faithfully & constantly performed at all seasons of the year, from August 1777, until in the fall of 1781, excepting when summoned to perform the tasks which he has before stated. These services were performed often in the night, patrolling the lines along the Country on the Eastern side of the Hudson, & often times in most stormy & inclement weather. He was generally when on this patrol duty under command of Capt. Swartout, Capt. Van Kleeck, or some of the Subaltern officers of the companies under their command. Twenty four hours in each week, was the least portion of time allotted this Deponent, when no alarm was made. But alarms were very frequent, & oftentimes he was out a week, on patrol duty in continuous service, & sometimes every other day for a week or two. In this kind of service, exclusive of tours above stated, I sincerely believe I served more than 18 months of active duty, within the period of four years, for which, as well as for the 7 months before stated, he claims a pension from the United States. — In the original declaration, the words, "for four weeks", when they last occurred, should read, "for four years", & not weeks. — Sworn & subscribed before me, at Morris town, the date first above written. —
Silas L. D. By J. P. William Wilsey mark.

This Deponent omits to state in his first Declaration, as well as in his amended one, that the clergyman of the Parish in which he resides, has known him only about one or two years, & has no knowledge either traditional or any other, of his Revolutionary services. — He has not been able to find any living witness of his services, nor is he able to go in search of any, who if living, may perhaps be in the State of New York, where his services were performed — unless they have removed to more distant places. Sworn & subscribed before me, at Morris town this 5 day of May Domini 1833.
William his  X Wilsey mark.
Silas Lindley
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, is only on that of the Agency of the State of New Jersey.
Sworn to, and subscribed, the day and year aforesaid.
Stephen Dail
John William
his  X mark
Wilsey
We Benjamin Conditt, & Joshua Gase residing in the County of Morris, hereby certify, that we are well acquainted with William  John Wilsey 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.
Sworn and subscribed, the day and year aforesaid.
Stephen Dail
Benj Conditt Joshua Gase
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 Benjamin Conditt
who has signed the preceding certificate, is a resident in the Township of Roxbury in the County aforesaid, and that Joshua Gase who has also signed the same, is a resident in the Township of Roxbury in the County aforesaid and are credible persons, and that their statement is entitled to credit.
Stephen Dail
I David Day Clerk of the Court of Common Pleas, do hereby certify that the foregoing contains the original proceedings of the said court in the matter of the application of William Wilsey for a pension.
IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of office, this thirty first day of July in the year of our lord one thousand eight hundred and thirty two.
David Day

Acts of July 14, 1862, and March 3, 1873.
11,651
P. O. William Wilsey
Service: _____
Enlisted: my  REJECTED _____, 18
Discharged: _____, 18
Application filed: _____, 18
Alleges: _____
Re-enlisted: _____
Attorney: _____
P. O. _____
_____ Recognized. _____ Contract
_____ Cert. of Dis. Searched for _____, 18

William Wilsey New Jersey Suspended
11657

Can. N. 4. John Tied.
2 old Pay-rolls of Capt. Williams. John Tied acting as Corporal.
It is requested that these old papers be returned to L. Genduit.

My Son -
I recd a letter M r Cu- ago, informing me you had pension business, requesting to be authenticated in Orange C him. But the statements, as the said Power has been pub- lear. But I have endeavoured to and transfered to the Hon- to be remembered; respectfully attention to my pension busi-
I Aaron Ball of the C o do hereby fully authorise and after extracting all his resar- his labors in obtaining the P- the remainder unto my son and Township above named, a for the same and transfer the together with the original per- I may hereafter obtain my S-
Witness my hand and Solomon Hallack Jr
To the Hon Le Sir, you will see has wrote a will unders will see that has had to undergo Era- but I think it wi- to write to this place -

6125
William Wilsey
e June 20 th 33
Hon L. Conditt Pusum

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 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 William Wilsay
   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.              
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) _____, who has 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.