Revolutionary War Pension and Bounty Land Warrant Application File W 6356, William Van Benthuysen, New York

SERVICE
NUMBER
New York
Van Benthuyser, William B or Benthusen B or Benthisen
N 6356
B.L.M. 27617-160-55
CONTENTS
Van Benthusen, Mary

increased from $40.66 Agent notified
Albany 2.4.612
William Van Benthuyzen Albany Co. in the State of N. York who was a Private in the company commanded by Captain Price of the Reg't commanded by Col. Lindsay in the N. York line for 2 years
Inscribed on the Roll of Albany at the rate of 80 Dollars — Cents per annum, to commence on the 14th day of March, 1831. Increased from $40.66
Certificate of Pension issued the 25 th day of April 1839 and sent to G. F. Gates Present Schenectady, N. Y.
Bears to the 14th of Semizant. allowance ending
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by D. Brown Clerk, Book E. 2. V. 1. 4 Page 78

State of New York } ss Albany County } On this 21 st day of March 1833 personally appeared in open court before the Justices of the Justices Court of the City of Albany in the County aforesaid now sitting William Van Benthyesen a resident of the Town of Greenbush in the County of Rensselaer directly opposite to the City of Albany across the Hudson River, aged 73 years in May last, 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.
He first entered the said service at the city of Albany in the County of Albany, in the month of November 1776. and joined Capt Price's Company in Colonel Sarisng's Regiment of Militia, the Militia having been called out. He was immediately marched to Lake George in the State of New York and was there put under the command of Genl. Schuyler, and kept guard untill the month of December 1776. when he was marched back to Albany where he was stationed and kept guard at the 'Old Fort' untill the Battle of Stillwater in the month of September 1777. Immediately after that engagement. He was ordered together with Capt Price's Company to go with some Prisoners to Hartford in the State of Connecticut, where he was gone about four weeks, and was then marched back to Albany where he arrived about the time St. the  the

company as a Infantry  prostrate  Soldier for the term of one year .
He again entered the said service in the month of December 1777 a volunteer and joined Capt Prices Com- -pany of militia, and was sent back from Albany to a place called the Kildeburgh in pursuit of Tories , and served at this time six days and was then dismissed and he returned home.
5- He again entered the said service as an Artificer and joined Capt Brads company in the month of April 1778 for the term of Five months and was stationed in the city of Albany and was engaged in making Teat Poles untill his term of Five months expired, and untill in the month of September 1778.
He again entered the said ser- -vice at the city of Albany as an Artificer and joined Capt Van Duzer's company for the term of Five months , about the first of October 1778, and was sent to the abovemention- -ed place, called the Kildeburgh , and was there engaged in making Oars for Boats. untill about the first of March 1779 and untill his term of Five months expired and was then dismissed, and returned back

to Albany -
10- He again entered the said service as an Artificer in the month of May 1779 and immediately joined Capt Van Duzers Company for the term of Ten Months , and was marched down to Fishkill on the Hudson River, and was there put under the command of Colo Hay, and was engaged in building Boats and Batteries until towards the fall of the year, when he was sent to Newburgh on the said River, where he was employed in building Barracks until they were completed, and then returned back to Fishkill , where he was engaged in building Boats & Barracks until his term of Ten Months expired, and until the month of March 1780.
10- Immediately after his term expired He again entered the said service and joined Capt Sheafis Company as an Artificer , for the term of Ten Months and was immediately sent to a place called Wappingers Creek on the Hudson River, and was there engaged in building Boats and also in building a Vessel called the "Peggy Hays", until his term of Ten Months expired, which was in the month of January 1781. Having served at this time from March 1780. to January 1781.
He then got Married and did not again enter the said service.
He was in the actual service of the United States in the Revolutionary

War in an embodied Corps in the Militia One year and six days , and as an Officer Two years and six months and for such service he claims a Pension
He this declarant fur- ther states that the reason why he makes this declaration in the city of Albany instead of in the County of Rensselaer, is, that he resides a number of miles from a Court of Record in Rensselaer County and that he is unable by reason of old age and having frozen his feet the preceding winter to travel that distance to attend the Court, and that he has been bro't across the river from Greenhush (but a short distance) as being more in his power, to attend the Court in Albany.
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
He was born in the city of Albany in the County of Albany in the State of New York on the 28 th day of May A.D. 1759, and a record of his age was made in his father's family Bible, and there is now a record of his age in the Records of the Dutch Church in the City of Albany.
He resided in the city of Albany at the time of entering the said service and continued to reside there un- till he went into the said service, then went to Fishkill as he has stated above and resided there after the close of the war and untill about the year 1790

then removed back to Albany where he resided a number of years and then removed to Westchester County, where he lived 8 or 9 years, then removed to New York, and then back to Albany, where he lived until he removed over the river to Green Bush where he has lived for the last 18 or 19 years.
He saw and knew Genl Schuyler, Genl Arnold, Genl M c Dougall, Genl Luy, Genl Fayette, Genl Washington, Genl Wayne, Colo Schuyler, and others who were with the troops where he served - but he does not particularly recollect what continental or militia regiments he served with.
He never received a written discharge, nor has he any documentary evidence in relation to his services, nor can he procure any witnesses except the persons who have made affidavits hereto annexed.
He is well known to Judge Abraham Ten Eyck Junr, Jacob Booz, William Meares, James Lansing Abraham Van Vechten, John Van Lant, Gerrit Van Landt of the City of Albany, James Lansing Esqr, John Burten Esqr, Gerrit Yates, John Yates and many others who reside in his present neighbourhood, and who can testify to his character for veracity, and their belief of his services as a soldier of the revolution.
He is not at present acquainted with any clergyman that he can can procure to testify to their belief of his services as a soldier of the revolution, that he has not latterly resided within the immediate

vicinity of any Clergyman, nor has he be- -come acquainted with any one that he could call upon, and the Dutch Clergyman that he used formerly to know are dead or have removed from the Country -
This declarant further states that he made a declaration of his services before the Court some time last fall, and that he now understands that "his claim is suspen- -ded and his papers placed on file" at the Pension Office. That his papers were pre- -pared by Mr James Van Ingen of the City of Albany who had the sole direction of them, and that instead of making also a precise and specific account of his services, as is required by the War Department Mr Van Ingen put down only a general and partial account, which he this declarant signed, and which, as he was told by Mr Van Ingen was sufficient - That he has never been required by Mr Van Ingen to make a detailed state- -ment, as he has now done, and which is in every respect true, but was told that what was written  stated by Mr Van Ingen at that time was sufficient. And further that Mr. Van Ingen is a very old man and did not take down the narrative of his services as he gave it to him at that time, and that he this declarant ought not to be prejudiced by the course Mr Van Ingen has that proper to take in relation to his claim, which was not authorized or direc- -ted by him this declarant - This declarant

further states that de Van Ingen also pre- pared the affidavits of his witnesses, in such manner as he thought proper, without stating what all the witnesses could bear to. That this declarant is an old man and is much diseased, and could not wake out the papers himself and has therefore wholly depended on de Van Ingen to manage his case. He was in no battle
Sworn to and subscribed the 11th day of January 1841
We John Bogart, Gerrit R. Van Zandt William Weaver & Jonathan Kidney residing in the city of Albany in the County of Albany in the State of New York hereby certify that we are well acquainted with William Van Benthuyzen who has subscribed and sworn to the above declaration; that we believe him to be 73 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 J. S. Wason, Clerk
John Bogart Gerrit R. Van Zandt William Weaver Jonathan Kidney

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 Bogart, Gerrit R. Van Landt, William Weaver & Jonathan Kedney who have signed the preceding certificate are residents of the city of Albany and are credible persons and that their statement is entitled to credit
I John G. Wapson Clerk of the justice court of the city of Albany do hereby certify that the foregoing contains the original proceedings of the said court in the matter of the application of William Van Beuthuyzen for a Pension
In testimony whereof I have hereunto set my hand and seal of the said court this 28 th day of March A.D. 1838
John G. Wapson Clerk.

State of New York } ss Albany County }
James Hilton residing in the city of Albany in the County and State aforesaid, aged 80 years and upwards, being duly sworn, deposes and says, that he well knows William Van Benthuyzen, the Revolutionary soldier in the annexed declaration mentioned and has known him ever since he was a small boy and knew him perfectly well in the Revolutionary War. And this deponent on his oath aforesaid further says, that he well knows that the said William Van Benthuyzen did serve as an Artificer in the service of the United States in the said War, that he well remembers that the said William served in Capt Van Duzer's Company in the fall and winter of the years 1778 & 1779 and that he was engaged at a place called the Hildeburgh in the County of Albany in making oars for Boats for the term of Five Months as an Artificer, that he frequently saw the said William during that term and knows that he performed the said service -
And this deponent further says upon his oath aforesaid, that he well knows that the said William Van Benthuyzen enlisted as an Artificer in Capt Van Duzer's Company in the month of May 1779 for the term of Ten Months and that he went to Fishkill, & Newburgh and there served out his term in building Boats, Batteaux & Barracks, as he has stated

in his said declaration, that he was with the said William during the said term and well knows that he performed the said service
And this deponent also says on his said oath, that he well understood at the time that the said William Van Benthuyzen enlisted in Capt Shep's company as an Artificer in the month of March 1780 for the term of Ten Months and that he served his term out at Dappin-gers Creek in building boats and a Vespe as he has stated in his declaration although he this deponent was not with him during the whole of this term
And this deponent further says that he was always understood and believes, that the said William Van Benthuyzen did serve as a private soldier in Capt Price's Company in Colo Lansing's regiment of Militia, and that he went to Lake George as he has stated in his declaration hereto annexed, that he this deponent belonged to the same regiment but in another company, and that he did not see him during the whole of the years 1776 & 1777, but knows that he kept guard in the Fort in Albany, as he has stated in his declaration.
And this deponent further says that the said William Van Benthuyzen is a man of truth and veracity

deponent verily believes that the facts herein stated in the declaration of the said William Van Benthuyzen are substantially true -
James H. Subscribed this 21. day of March 1833 Before me
J. Hilton
J. B. Moore Judge of Albany County Courts
Albany County ss. Hon. Robert J. Hilton of the city of Albany in the County aforesaid a Judge of the County Courts of the County of Albany, being duly sworn says that he well knows James Hilton who has subscribed and sworn to the foregoing Affidavit, that he is a very credible person and that his statement is entitled to credit
James H. Subscribed this 21 st day of March 1833 Before me
J. Hilton
J. B. Moore Judge of Albany County Courts
I Certify that the abovenamed Robert J. Hilton is a credible person and that his statement is entitled to credit
J. B. Moore

Wm Van Bentheyse
23916
2 years Arficia
2 years  artificer
Direct Certificate and all communications re- -lating to this claim to J. B. Moore Renss- -elaerville New York.
J. B. Moore
277

State of New York } ss Albany County }
Nicholas Foralemon of the city of Albany in the County and State aforesaid aged 86 years on the 27 th of April next being duly sworn. deposes and says that he well knows William Van Benthuyse, the revolutionary soldier in the annexed declaration mentioned and has known him ever since he was a boy and knew him perfectly well in the Revolutionary War. And this deponent on his oath aforesaid further says that he well knows Capt. Price and Col. Lansing mentioned in the declaration of the said William and knows that the said William belonged to the said company and regiment, and understood at the time that the said William Van Benthuyse did serve in the said company and regiment in the militia and went to Lake George and kept guard in Albany at the Old Fort in the years 1776. & 1777. that he frequently saw the said William Van Benthuyse at different times in the said years and during the said War, and knows that he did serve as a private soldier in the said War. And this deponent further says that he well knows that the said William Van Benthuyse did serve as an artificer also in the Revolutionary War and well knows Capt. Van Duzer and understood at the time that the said William did belong to his company and went to the Head -delburgh and to Fishkill to make oars and to build boats & batteaux, that he also knows Capt. Bradt and knows that he was in the said service in building boats &c.

and perfectly well understood at the time and has always understood since that the said William was engaged in the said service as an officer at the time and in the manner stated in his said declaration, and this deponent further says that he was a Captain in the Militia in the Revolutionary War and knew the persons and officers alluded to in the declaration of the said William, and verily believes and has no doubt that the said William Van Buren did serve in the said War as he has stated in his declaration: That the said William Van Buren is a man of truth and veracity and that his statement is entitled to the most implicit confidence and belief.
Sworn and subscribed this 22 nd day of March 1833 Before me
Nicholas Forster
J. P. Moore Judge of Albany County, Courts
Albany County ss. Abraham Ten Eyck Junior a resident of the town of Watervliet in the County of Albany aged 56 years and one of the Judges of the County Courts of the said County of Albany, being duly sworn deposes and says that he well knows Nicholas Forsterman who has subscribed and sworn

to the foregoing affidavit and has known him for thirty five years past. That the said Nicholas Foraleman is a very respectable man, and a man of truth and veracity and that his statement is entitled to full credit and belief
Sworn and subscribed this 22 nd day of March 1833 Before me Abraham Ten Eyck Junr
J. B. Moore Judge of Albany County Courts
Albany County ss. I Certify that I am acquainted with the above named Abraham Ten Eyck and that he is a credible person and that his statement is entitled to credit -
J. B. Moore Judge &c -
State of New York } ss. Albany County } I Conrad A. Ten Eyck Clerk of the City and County of Albany do hereby certify that Joseph B. Moore before whom, the affidavits of James Hilton, Nicholas Foraleman, Abraham Ten Eyck Junr & Robert J. Hilton were sworn and who has made the foregoing certificate is a Judge of the County Courts of the County of Albany, and that the signature J. B. Moore to the said affidavits & certificate is his genuine signature - In Testimony Whereof I have hereunto set my hand and affixed the seal of the said County this 23 rd day of March A. D. 1833.
C. A. Ten Eyck Clerk for Jonas Weeks Deputy.

State of New York } 85 Albany County } 85 Henry Van Benthuyzen residing in the city of Albany in the County and State aforesaid aged 71 years and upwards being duly sworn deposes and says that he well knows and is the brother of William Van Benthuyzen late a soldier in the Revolutionary War, and well knew him in the said War. And this deponent on his oath aforesaid further  says  that  he  well  remembers that the said William Van Benthuyzen was in the Militia Service, in the said War and positively knows that he served in Capt Price's Company and Col. Lansing's regiment in the year 1776, and marched to Lake George that he and the said W th Van Benthuyzen lived together in the same house, and he recollects that he went from home and thinks it was in the fall of the year, remembers that it was cold weather when he returned, and this deponent further says that he well remembers that the said William Van Benthuyzen was again called out in the year 1777, and knows that he was sent with some prisoners to Hartford in the State of Connecticut that the said W th Van Benthuyzen belonged to Capt Price's Company at this time, and was called out to go up to Saratoga but was finally ordered to take charge of the prisoners aforesaid, and also staid and kept guard at the  say that he this deponent does not perfectly recollect the precise length of time the said Van Benthuyzen served in the course of the years 1776 & 1777, but is well satisfied that he must have been in the service at least one year in the course of those two years 1776 & 77 And this deponent on his oath aforesaid further says, that he well knows that the said William Van Benthuyzen served in Capt Bratts Company, at

least at two different periods, and that he served also in Capt Van Duzens and Capt Sheeps Company and well remembers that the said William was marched at one time back of Albany towards the Helderberg, and at another time down the Hudson river to Fishkill and this deponent further says that he well knows that the said William Van Benthuyzen was called into the said service in nearly every year of the said war, that he frequently was stationed part of the time in Albany, and marched to other different places, and served as a soldier at different times during the said war that this deponent cannot recollect every particular period of the said Williams service so as to specify the same, but positively knows that he was out and served more than two years as a soldier in the said war. That this deponent has no knowledge nor does he believe that the said William Van Benthuyzen ever entered the said service under any civil contract, but was called into the said service as other militia men were, and served as a private soldier. That the said William Van Benthuyzen is a man of truth and veracity and his statement entitled to credit.
Given and subscribed hereunto this 20 day of December 1833 Before me
J. B. Moore Judge of Albany County Courts

71.043
Not March 3/55 April 4/55
Mary Ann Benthuysen widow of Wm. Ann Benthuysen, Jr.
Benthuysen, Penn.
17/1/55
Revolutionary War
Pension under Act Feb 3/55
MS. B. 1. 6 v. 53 - 632
W: 160 Oct 28/55
By J. D.
MS
Wm. Valentine Albany, Pa.
Civ. D. Valentine, Nov. 28/55
Vol V. page 72.

71043
For bounty Land Act March 3 1855
Forwarded by Mr Valentine of Albany NY
REPRODUCTION BY WIDOW FOR HOUGHTON MIFFLIN CO.

From Mr Valentine of Albany NY
DECLARATION.
REVOLUTIONARY WIDOW FOR BOUNTY LAND,
State of New York } ss County of Rensselaer }
On this 17 th day of March 1855, before me, Henry Goodrich a Justice of the Peace in and for said county, personally appeared Mary Van Benthuren aged 73 years, a resident of Greenbush in said county, who being first duly sworn according to law, doth on her oath make the following DECLARATION, in order to obtain the Bounty Land to which she is entitled under the act of Congress, passed March 3d, 1855, that she is the widow of Mr Van Benthuren who was Private in the Revolutionary War, and for the service of her husband aforesaid she now receives a pension at the rate of eighty Dollars per annum, under the act of Congress, passed Feb y 3 rd 1853 For evidence of the services of her husband aforesaid, this declarant refers the Department to the evidence on file in the pension office at Washington, and requests the Land Warrant forwarded to her Agent, William Valentine of Albany She further declares that she is now a widow; and that she has not received or made application for bounty land under this or any other act of Congress.
her Mary X Van Benthuren mark
Subscribed and sworn to before me, this 17 th day of March 1855 }
H. Goodrich Justice of the Peace
I certify that Mary Van Benthuren is the identical person above named and described. And I further certify that I have no interest whatever in the result of the matter above referred to. The reason of Declarant not writing is because of entire loss of eye sight —
Henry Goodrich Justice of the Peace
STATE OF New York } ss. County of Rensselaer }
James Hegan and Emaline Hegan of Greenbush in said county, who are credible and competent witnesses, being duly sworn, deposeth that Mary Van Benthuren is the identical person above named and described.
James Hegan
Emaline his wife X Hegan mark
Subscribed and sworn to before me, this 17 th day of March 1855 }
H. Goodrich Justice of the Peace

State of New York } County of Rensselaer } I Ambrose H. Sheldon clerk of said County of Rensselaer do hereby certify that Henry Goodrich whose name is subscribed to the within bonds & certificate, was at the within date and is now a Justice of the Peace within and for said County duly sworn & authorized by law to administer oaths for general purposes. — That I am well acquainted with the hand writing of said Justice & truly believe his signature within written is genuine. —
In testimony whereof I have hereunto subscribed my name & affixed the official seal of said County, this 22 d day of March 1855 — A. H. Sheldon clerk of Rensselaer Co.

No. 6014 Dr. Van Benthysen
Suspended -
5. 8. 11. 12. 13. 14. 16. 17. no complianc Jan 8. 1833
Aug 16 1832 Nov 25 1832
Jas. Van Ingen Albany N.Y.
P 110.

100.6014
BRIEF in the case of William Van Benthuysen of Greenbush County of Albany in the State of New York (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge? Before a Court  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?  3. How old is he? Seventy two years, 72.  4. State his service, as directed in the form annexed. 
   Period. Duration of Service. Rank. Names of General and field Officers under whom he served.   Years. Months. Days.     Was called out in 1776 — — 26 As a Militia man Gen. Col. Jacob Lindsay, His sup. Capt John Price's Compy. Capt William Keen   in 1777 called into actual service giving service   called out in the Militia since at various times and different duties during the war not less than 2 years  
 5. In what battles was he engaged? Not any  6. Where did he reside when he entered the service? at Albany NY 
 7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls? his tradition supported by a resident of the same town. whose character & credibility are not substantiated  8. Are the papers defective as to form or authentication? and if so, in what respect? Quite satisfactory 
I certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
Chas. G. Wilcox Examining Clerk.
157. 345 157 65

William Van Benthysen New York N o . 23916-
Capt Van Duzee } 2 Mr. Deputys " Chief } " Brant } Navy Yard
Admitted Printed 2 years
Carried the Spunk out to New California
Gen F Yates Esq Schuylkill N.Y.
J. B. Moore Esq. Rensselaer Albany Co. New 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 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 William Van Ben Ruyse
   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.     Nov. 1776 1 Pri. Col. Lansing 73 years   Decr. 1777 Genl. Schuyler Albany   vol. 6 "   apl. 1778 Employed this term as an officer Traditionary witness   oct 1778 do. do.   may 1779 10 do Col. Hays   March 1780 10 "  
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) _____, 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 terms 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.

632.
New York - Albany.
Mary Van Benthuyser, widow of William N Y Van Benthuyser who served in the Revolutionary
war, as an Artificer
Increased from $80
Inscribed on the Roll at the rate of 240 dollars 00 cents per annum, to commence on the 3d February, 1853.
Certificate of Pension issued 19 th day of March 1861.
and sent to
Wm Valentine
Albany New York
d on Roll of Pensioners made ac
Lt. Wm Valentine.
Aug. 26. 1862.

Proof to get pension in the case of Mary Van benthuyson

State of New York City and County of Albany } 1 2 3 4 5
On this twenty sixth day of March sixteen hundred and fifty three personally appear- ed before the Justices Court held in and for the City of Albany being a Court of Record with a Seal and Clerk in the State of New York in open Court Mary Van Benthuyzen a resident of the Town of Grennush in the County of Rensselaer and State afore- said. Said Town being immediately adjoining the City of Albany being duly sworn according to Law doth on her oath make the following declaration, in order to obtain the benefit of the Act of Congress approved the third day of Febru- ary eighteen hundred and fifty three. And the several acts proceeding, the same for the benefit of certain Widows of soldiers of the Revolution. That William Van Benthuyzen was a Private Soldier  private soldier in the Revolutionary army of the United States and served as such. Was the husband of defendant. She further declares that she was married to said William Van Benthuyzen, on _____ the sixth _____ day of May eighteen hundred and nineteen.
She further swears that she is now a widow and has not been married to any other person, since her said marriage with William Van Benthuyzen, nor has she made any application for a pension except this present present one. That her said husband, William Van Benthuyzen applied for and obtained a pension from the government of the United States from about the Fourth _____ day of March _____ One thousand eight hundred and thirty one which was paid to him at the Pension Office, in the City of Albany, until his

34 death, at the rate of Eighty Dollars a year, That said 35 William or Van Benthuyzen resided at the town of Greenbush 36 aforesaid, before and at the time of his death, That he 37 died on the Twenty third of January eighteen hundred 38 and forty five, aged about ninety four years. That William 39 or Van Benthuyzen and deponent were Married by and 40 before Benjamin Fitch Esquire a Justice of the peace 41 at the town of Schoharie in the County of Rensselaer afore- 42 said, that said Justice of the Peace has removed out of this 43 State, to the State of Ohio to what part deponent cannot 44 ascertain, That deponent does not know (nor) cannot ascertain 45 whether said Justice kept any Record or Minute of said 46 marriage, that deponent has not, and knows of no record of 47 said Marriage. Deponent was never married in to any 48 person except said Van benthuyzen
49 That Judd Vanderpool was present 50 at the Ceremony of said marriage, that deponent is 51 Seventy one years of age, and has no property nor means of subsis- 52 tence, and deponent is blind, deponent lived with said 53 Van benthuyzen from the time of her marriage till 54 his death.
Subscribed and sworn to before the said Court in open Court this twenty sixth day of March 1853
Mary Van or Benthuyzen mark
Witnesses Wm C Scuyler David Russell and Henry P August Justices of the said Court and the Seal thereof. Dated at Albany this twenty sixth day of March One thousand Eight hundred and fifty three
By the Court
Measure made in words on line 17 & private order entered, & present in line 28 Excess all done before subscribing & swearing to the above also "one"
H. P. August Clerk
H. P. August Clerk

State of New York City and County of Albany ss. }
On this twenty six day of March eighteen hundred and fifty three personally appeared before the Justices Court of the City of Albany, in open Court Juda Vanderpool who being duly sworn deposes and says that she resides in the town of Clyde _____ in the County of Wayne State of New York and is of the age of Sixty Seven years that she was acquainted with William Van benthuyzen and Mary Van benthuyzen now and lately of the town of Greenbush Rensselaer County. That said William Van benthuyzen is now dead, that deponent was present at the marriage ceremony of said Mary and William that they were married by and before Benjamin Fitch a Justice of the Peace in the town of Schoharie in the County of Rensselaer in the year of Eighteen Hundred and nineteen on the sixth day of May That said Justice was authorized to perform such ceremony, And resided in said town of Schoharie at said time. That said Mary Van benthuyzen now resides in the town of Greenbush. That said Mary and William resided together as man and wife, from the time of such marriage to the time of his death and she had children by said William, the youngest of whom is about thirty years of age that deponent knows of no

Record of said marriage, for where the said justice is right, the she is informed he is in some part of Ohio
Signed & subscribed & sworn to before said Court in Open Court this twenty sixth day of March 1883
Juda his X Van Gool mark
Witness Wm C Schuyler David Russell and Henry P. Nugent Justices of the said Justice Court and the Seal thereof. Dated at Albany this twenty sixth day of March One thousand Eight hundred & fifty three By the Court
H. P. Nugent Clerk

State of New York City and County of Albany ss.
On this Twenty ninth day of March eighteen hundred and fifty three personally appeared before the Justices Court of the City of Albany in open Court James Wiggins who being duly sworn made oath, and says he resides in the town of Greenbush and County of Rensselaer State of New York, and is of the age of Forty years that he was well and intimately acquainted with William Van benthuyse n & Mary Van benthuyse n his wife who resided in the town of Greenbush in said County. That said William and Mary lived together as husband and wife ever since deponent became acquainted with them (which was in 1832), up to which the time of said William's death, (which was on the 23 d of January 1845) That said William Van benthuyse n drew a pension from the government of the United States as a revolutionary soldier up to the time of his death at the rate of eighty Dollars a year. That said William Van benthuyse n resided in the town of Greenbush from eighteen hundred and thirty two, up to the time of his death, aforesaid, with the exceptions of about two years. That said William drew his pension at the city of Albany. That after the death of said William, Deponent as the agent of his wife and family took his pension certificate to the pension agent at the City of Albany in the month of January or February eighteen hundred and forty five for the purpose of procuring the back pay of said William at his death viz, from the fourth day of September eighteen hundred and forty four

to the twenty third day of January 1843 and for that purpose was directed to and did leave the pension certificate with said pension agent. And the same has not been received from said pension agent. That the deponent has made search and inquiry for Benjamin Fitch Justice who married said William and Mary, and also for his docket at the place where said Fitch resided at the time of said marriage. But deponent was not able to find any of his dockets nor said Fitch. That said Fitch has removed to the State of Ohio Sixteen or Seventeen years ago, but to what particular part deponent could not ascertain. That Justices of the Peace were authorized to perform the ceremony of marriage in the State of New York before & in the year 1819. That deponent is informed by the pension agent in said city, that said certificate has been sent on to Washington
James Hegan
Signed Subscribed and sworn before said Court in Open Court
Before David Russell Hon C Schuyler and Henry P. August Justices of the said Court, and the seal thereof. Date at Albany this twenty tenth day of March one thousand eight hundred and fifty three
By the Court
H. P. Hugenot Clerk

And the said court have taken proof, and hereby certify that said Linda Van Deessel and James Heg and said Mary are respectable & credible persons & we believe the statements & oaths by them respectively made to be true & correct in every respect, and also certify that the foregoing contains the original proceedings of the said court in the matter of the application of Mary Van Benthuyzen for a pension.
Witness David Russell William C Schuyler and Henry P. Nugent Justices of the said Court and the Seal thereof. Sealed at Albany this twenty ninth day of March One Thousand Eight hundred and fifty three. By the Court.
H. P. Nugent Clerk
State of New York City and County of Albany Clerk's Office.
I Robert Starker Clerk of said City and County do hereby certify that Mary P. Nugent whose name is subscribed to the foregoing deposition a true in writing as Clerk, was on the day of the date thereof a Justice of the Peace in and for the city & County aforesaid, dwelling in said County, and duly authorized to take the same; further that the said Henry P. Nugent is the clerk of the Albany Justice Court and that I am well acquainted with the handwriting of said Nugent and verily believe the signature to the said deposition to be genuine and that the same was taken according to the laws of the State of New York. Further that the seal affixed to said deposition is the seal of the said Justice Court and that the

Said Henry M'Gent is one of the Justices of the Peace. Court of the City of Albany
R Harper Clerk

Ray WIDOW, &c.
File No. 6356
Mary Van Benthuyzen Wid.
M rs Van Benthuyzen Artificer Res. War
Act: Feb 28/52
Index:—Vol. 16 , Page 295
[Arrangement of 1870.]

27.617
160 acres

New York Revo:
H m . Van Benthuyson
Rejected, let. to E. B. Moore 5. June 33
Act 7 June '32

May Van Benthuyzen - widow of William m. Newalder Co. N. York.
Interest from $80. per ann.
all? at rate of $240: per ann. to commence Feb'y 3 d 1853, deducting what has been also ready paid.
Certified to. W m Valentine Albany, N. York.
Dated Feb'y 3 d 1853.

New York Albany March 10th 1853 Solomon H. Higg
who served in the Revolutionary war, as a private
Inscribed on the Roll at the rate of 80 Dollars 00 .
Cents per annum, to commence on the 1st day of March 1848 1st January 1853
Certificate of Pension issued 15 day of June 1853 and sent to
Solomon H. Higg Albany N.Y.
Recorded on Roll of Pensioners under Act of 1818, Page 86 Vol. A
1838

New York 24.612
Letter to G. F. Gates 30. March 1839
William Van Benthuyzen of Albany Co in the State of New York who was a private in the Company commanded by Captain Price of the Regt. commanded by Col. Lindsay in the N. Y. mil: line for 12mo 6 ds.
Inscribed on the Roll of New York at the rate of $40 Dollars 66 Cents per annum, to commence on the 14th day of March, 1834.
Certificate of Pension issued the 21 day of Jan. 1834 and cents Hon: G. F. Lansing H. Rep:
Arrears to the 14th of Sept 1833. - $107.65 Semi-ant. allowance ending March 34. 20.33 $121.98
{ Revolutionary Claim, } { Not June 7, 1832. }
Recorded by W. L. Williams Clerk, Book Vol. 4 Page 85

Payments to be made at New York by Messrs. Mechanic's Bank Agent for paying Pension- ers in the Agency of New York
Recorded in the Pension Of- fice in Book L Vol. 4 Page 85 by W. L. Williams
Clerk.
W. L. Williams

WAR DEPARTMENT.
REVOLUTIONARY CLAIM.
I certify that, in conformity with the law of the United States of the 7th June, 1832, William Van Brathompson of the state of New York who was a Private in the (revolutionary) war
is entitled to receive — Forty — dollars and Sixty-Six cents per annum, during his natural life, commencing on the 4th of March, 1831, and payable semi-annually on the 4th of March, and 4th of September in every year.
Given at the War Office of the United States, this twenty first day of January one thousand eight hundred and thirty- Four ,
Jan 21 34
Resided in Greenburgh 3 years previous in Schoharie NY 1834

Schenectady Mar 20 1839.
J. L. Edwards Esq Commissioner of Pensions Sir:
I send the enclosed paper to be placed on file with those already in your office in the matter of the application of Wm Van Benthuyser for an increase of pension under the act of 9 th June 1832. I feel confident that by the facts now furnished in connection with those previously shown, a claim to a full pension has been made out.
I am very respectfully Your ob t Serv t
Giles H. Yates.

Bethlehem
Apr 22 W. W.
Dear Sir, J. L. Edwards Esq. Commissioner of Pensions War Department Washington D.C.

Schenectady April 19 th 1839.
J. L. Edwards Esq Commission of Pensions Sir.
In compliance with the directions contained in your favor of the 30 th ult o I forward to you enclosed the pension certificate of Do m Van Benthuyzen
I am very respectfully Your mo t ob t . Serv t
Giles F. Yates

Jean Benthuyse

Brief in the case of Mary Van Benthuyeen, widow of William, Albany County and State of New York act 3 d February 1853.
Claim, ("original," for increase. )
Proof exhibited, (if original.)
Is it documentary, traditional, or supported by rolls? If either, state the substance.
Husband was a pensioner under the Act of June 7 th 1832.
Marriage proved by parol testimony - witnesses certified to be credible.
(If for increase.)
Has additional evidence been filed since the admission of the claim? If so, what?
Solomon F. Higgins, Albany,
Name and residence of Agent N.Y.
Rhodes
Examining Clerk.

Payment to be made at
Albany by J. M. Pease Esq. Agent for paying Pensioners, in the Agency of
H. H. Hark
Payable on the 4th September and 4th March
Recorded in the Pension Office on the Roll of Pensioners under act February 3d, 1853, Page 86 Vol. A.
Clerk.
A. H. Wrightman

DEPARTMENT OF THE INTERIOR. WIDOW'S PENSION.
I certify that in conformity with the 2d section of the act of Feb- ruary 3, 1853,
Mary Van Genthuyse widow of William Van Genthuyse who was a Private in the Revolutionary war, is inscribed on the pension list at the rate of Eighty dollars and _____ cents per annum, commencing on the 3d of February, 1853, and continuing for life, unless she should again marry; in which case the Pension is not payable after the time of such marriage.
Given at the Department of the Interior, this Sixth day of June one thousand eight hundred and fifty- Three -
D. W. L. Land
Secretary of the Interior.
Examined and Countersigned.
L. P. Malsco Commissioner of Pensions.

Brief in the case of Mary Van Beuthyem, widow of William de? Rensselaer County and State of New York Act Feb 3 d 1853
Claim, (" original " or "for increase.")
Proof exhibited, (if original.)
Is it documentary, traditional, or supported by rolls? If either, state the substance.
The husband in this case received a pension, Act Jan 7 th 1832, at the rate of $80. per annum, upon service of 12 months & six days, as private in N. York Militia, & 12 months in Duane's Martin's Department, as designated by Pension Office in 1839, when it was allowed. But this service of more than two years, under the same documentary & parole evidence, was claiming as an Artificer. In 1853, this claimant, as widow of the above. (If for increase.) soldier, was allowed a pension at the same rate as was allowed her husband as above; & she now claims an increase upon two years, as an Artificer - rendered in 1778 & subsequent to that date, according to the resolution of Congress & the uniform practice of the office for many years.
Admitted at the rate of $240. per annum, commencing Feb 3 d 1853, after deducting what she has heretofore received.
Mr. Valentine, Albany N. York. Name and residence of Agent
N. H. Woodley Examining Clerk.

Albany March 31 st 1853
To The Commissioner of Pensions at Washington
Sir
Accompanying this communication are Dispositions and papers to procure the continuation of the pension of William Van Beutlingen in favor of his wife Mary Van Beutlingen the present applicant. William drew a pension from March 1831 to the fourth of September 1844. He died on the 23 d day of January 1845. & the pension was drawn up to the time of his death. It appears they were married the 6 th day of May 1819, that she has no minor children, has never been married to any person except said William and has never applied for a pension before. That his certificate of pension was sent on to Washington to procure the back pay that was due at the time of his death. That she is destitute, is seventy years of age and is blind. That said William Van Beutlingen drew Eighty Dollars a year. It also appears they were married before Susanna Fitch Esq a Justice of the peace of the town of Schoharie Rensselaer county New York. That no record of said marriage of any description was kept to her knowledge. That the Justice went to Ohio many years ago, to what particular place is unknown. That Judah Van Deusen witnessed the ceremony of Marriage and is a credible person. Other facts also appear. The widow is therefore entitled to a pension for the amount her husband drew for

year from the time he died on the 23 d day of Jan'y 1845 to this time & during his life, in pursuance of the act of Congress approved February 3 d 1833, and the several acts preceding the same.
Will you therefore have the kindness to give this matter your attention on behalf of this destitute old lady as soon as your duties will permit.
I am Sir
Your most obed.
Servant
Solomon F. Huggins Atty, & Counsel at Law, Albany.

W. Valentine Albany N.Y. May 10/57
Respecting his letter to the Dept. of 24 th March last relating to the case of Mary Ann Van Benthuyzen -
Concern of Pension under 2 nd sec. of act of 3 rd July 1853.
Cole
Respectfully referred to the Comm. of Pensions for answer Moses Kelly Clerk
Referred on 6 th Comm. of Pensions April 7 - 1857. ad 432
Rec'd 12 May '57 Mr. Pritchett

Albany N.Y. May 4 th - 1857
Sir
On the 24 th of March last I forwarded a communication to Your office & having rec d no reply, permit me to call Your attention to the subject.
I am Yours very respectfully M c Intire
Hon J. Thompson Washington City

Department of the Interior Washington, May 2 nd 1857,
Sir:
I have duly considered the Appeal of W. Valentine Cope, in connection with your report in the case of Mary Ann Van Benthuyzen, who claims arrears of Pension to be due, under act of February 3 rd 1853, to commence from the date of the act of March 4 th 1848.
It has been already decided by this Department, that the date of the act of 1853, is that at which pensions admitted under it shall commence. The settled rule, is, that a point of law once adjudicated, must be considered as settled, except where a manifest error has been committed.
The case of Jane Smith, in which the decision of the Court of Claims is cited by the appellant, as decisive of the question involved, is not considered a binding precedent on this Department, apart from a subsequent sanction by Congress. Your denial of a review of this case, is therefore fully sanctioned; and the papers, accompanying your report are herewith returned to your Office.

I am, very respectfully, Yours the Servt J. Thompson Secretary
Prof. Whiting Esq. Honors of Cincinnati

Albany N.Y. August 5 th - 1862
Sir
I herewith enclose the application of Mary Van Benthuyzen widow of H. Van Benthuyzen for the increase of pension which was due her husband under the Act of June 7 th 1832, On the 19 th of March 1861 her pension was increased from $80 to $200 per Annum under the 2 d Sec of the Act of July 3. 1853. This being the fact, it will be readily seen that she is entitled to the increase now applied for. I have the honor to be Yours very respectfully,
(M c Valentine)
Hon C. B. Smith Secy of the Interior Washington City
D C

Albany N.Y. Sept 2 d 1862
Sir
In the case of Mary Van Benthysen referred to the letter of the Commission of Pensions of the 26 th ult. I beg leave respectfully to appeal to the Secretary of the Interior upon the ground that her claim having been adjudicated & paid, it establishes her claim for the increase due her husband, this having been (as I am informed & believed) the established practice of the Pension Department for several years last past. In other words it is not competent to review a claim once established. I therefore solicit the Secretary of the Interior to direct the payment of the claim for increase under the Act of June 7 th 1832.
I have the honor to be Yours very respectfully Wm Valentine
Hon C. B. Smith Secretary of the Interior Washington City D.C.

Thos Valentine 2 Sept. 1862,
Appeals from the de- cision of the Com. of Pensions in the case of Mary Van Benshouy son -
Respectfully referred to the Com. of Pensions for report: M. Smith Clerk
Dept. Int. 3 Sept 6. 1862

Pension Office.
September 10 th 1862
Sir;
I have the honor to return herewith the letter of William Valentine Esq. taking an appeal from the decision of this office, in the case of William  under act of 7 th June 1832 Van Benthysen, and in obedience to your requisition to  to submit the following report, together with the papers in the case. William Van Benthysen drew a pension, during his life time, under the act of 7 th June 1832 at the rate of $80. per ann. which was the full pay of a Private of Infantry for two years service. He died in the year 1845. His widow applied for and received on the 6 th of June 1853 a pension under the act of 3 rd February 1853. at the same rate as that received by her husband. On the 19 th day of March 1861. her pension was increased from $80. to $240. per ann.
6356
John Valentine

with arrearages, from 3 rd February 1853. on the ground that her husband ren- -dered service as an Artificer. The present application is for an increase of her husband's pension for such services, under the act of 7 th June 1832, at the same rate from the 4 th March 1831, to the year 1845, when he died. This Office has disallowed the claim on the ground that the allowance of increase had granted March 31, 1861, to the widow was an error. - Since  the services performed by William Van Berckheyde did not entitle him to a pension at at the rate of $240. per ann. which was the pay & pension of a certain class of Artificers, of whom he was not one: and that consequently the allowance of the increase of pen- sion to his widow at that rate was an error into which the Pension Office had fallen

Mr Valentine appeals from this decision, not on the merits of the claim, but solely on the technical ground that the Office having allowed the increase to the widow, it is bound to extend the same allowance to the claim of the husband. or, to use his own language, "it is not competent to review a claim once established."
It is submitted that no proposition can be more clear than that, if it is competent for this Office to review a claim once admitted, for the purpose of allowing an increase of pension it is equally competent to re-examine a claim and to reduce the allowance, or suspend it altogether if it is discovered on the discovery that the claim is an illegal one, or and that its original admission was by a mistake. It has been the constant practice of the Office to suspend the payment of a pension

whereas it has been discovered that the pension was a desertion -
If it is incompetent to review a claim once established, the Office committed an error in allowing an increase of pension to Mrs Van Buren Hughes, for her pension had been established as well as that of her husband at the rate of $50. per ann. and it was a "review" of the claim, which resulted in granting her the sum of $240 per ann.
But it is not proposed to disturb this allowance to her & even if it was  was an erroneous one, but the Office objects to extending this decision so as to cover the claim of her husband. At the time when the increase was granted, there was no claim on her husband's account which could be granted to her. The opinion of the late Attorney General was then the rule of the Office, & it excluded the widows, as well

as well as the children to come from any right to a pension, or to an increase of the pension to which the soldier himself, if living, might be entitled.
The decision of the present Secretary in the case of Sarah Howard rendered by Young Hinson, restored the former practice of this Office & set aside the rule practice which had been adopted under the opinion of the late Attorney General. Consequently Mrs Van Buren, & son would be entitled to receive an increase of her husband's pension if the merits of the claim justified an allowance. But it is submitted that it is the duty of this Office to examine into the merits of of her claim to an increase, just as clearly as if it were an original application - and that the decision granting an increase to her, does not  not forbid an examination of the case and decision upon its merits. If the opposite position should be taken, then this office could not only not correct.

its own mistakes when discovered, but would be bound to repeat them; and having granted an increased pension to a widow, to which she was not en- titled, it would be obliged to grant the same to the husband also. But neither the law nor the practice of this office sanctions such a course. There was a law which was passed 1st July 1848, which declared that in all cases where a pension may have been granted to an Officer or soldier of the revolution, in his life time the evidence upon which such a pension was granted shall be exclusive of the service of such officer or soldier in the army. - Title of any widow". H. P. also Van Benschuyse received the benefit of this law, and

For many years after the passage of the act of 7 th June 1832 and while the pension soldiers were living & receiving pensions, it was the constant practice of the Office. To increase their pensions when found to be entitled, or to reduce them, if so to be if it was discovered that they had received more than the law or the proof warranted, or to suspend them altogether when it clearly appeared that they were not entitled at all. And in many instances where, either by the fraud of the applicant, or the  by mistake on the part of the Office, an illegal claim had been allowed, both the parties have been required to refund the amount improperly obtained.
The only change in this practice which has occurred, was brought about by the passage of the law of the 1 st of July 1848. In the case of widows whose husbands had received pensions. The Office had been in the practice of re-

giving them to furnish in many instances additional evidence in addition to that which had been deemed sufficient to prove the husband's service, and this law was passed to remedy this evil practice, and it declared that "in all cases where a pension may have been granted to an Officer or soldier of the revolu- -tion in his life time, the evidence upon which such a pension was granted, shall be conclusive of the service of such Officer or soldier in the appli- -cation of any widow etc.
But even this law has never been construed to bar the right of the Office to "review" the admitted claims of the husband and to exclude the claim of his widow if he had been found to be a deserter. But this law, which alone has qualified the practice has no application to of the Office the present case of William Van Ben- thuyser. If he had, in his life time, received a pension at the rate of $240. per ann. that a pension at that

rate would have been granted under the Law of 1 st July 1848. to his widow without regard to the merits of the case itself.
But he received only $80. per ann. which was all that the Office decided the service entitled him to. and his widow was pensioned at the same rate. But it has happened that her claim pension has been increased to the rate of $240. per annum. and it is now demanded that his claim pension should be increased to the same rate. on the ground that the claim has been once adjudicated and it is not competent for the Office to look into its merits again.
Upon this I print this Office takes issue, and insists that for neither the Law nor the uniform practice forbids a reexamination of his claim and a decision upon its intrinsic merits.
It is submitted that the allowance of the increase of Mrs Van Benthysen

pension to $246. per ann. was an inadvert- -ance on the part of this Office which grew out of a hasty examination of the case by the Examining Clerk, at a time of great national excitement, and just before he himself resigned and joined allied himself to the rebels against our Government. The claim was allowed by Mr Woodley, on the 19 th of March 1861. And in his brief, assigning the reasons for the allowance he says, "it is for two years service as an artificer rendered in 1878. & subsequent to that date, ac- -cording to the resolution of Congress and the uniform practice of the Office for many years." In this state- -ment, a misapprehension of the law of Congress is fallen into, and a mistake is made as to the

uniform practice of the office for many years.
There were two Regiments only raised to serve of Artificers only, raised to serve in the Continental army, during the revolutionary war. The one commanded by Col. Benj. Flower, which was called "Artillery Artificers", the other commanded by Col. Baldwin, which served in the Quarter Master Dept. which was called "Artificers" only. Col. Flower's Regiment was raised in the year 1777. and on the 11 th of February 1778, Congress, by resolution, declared "that the pay of Col. Benjamin Flower's Corps of Artillery Artificers shall be for all those who engage to serve the United States, as such, for three years, or during the war , twenty dollars a month , besides the same bounty, clothing and every other benefit allowed by Congress to the Continental Artillery." &c.  And on the 12 th day of November 1779. Congress resolved "that the eleven Companies of Artificers, raised by

The Master Master General, be reformed & incorporated and arranged in such manner as the Commander in Chief shall deem proper".
And on the 10 th 16 th of November 1779. Congress resolved "that the allowance of pay, subsistence & clothing of the other officers & men of the said Artillery be the same with that of the artillery Artillery under the command of Col. B. Flower".
In the year 1850. the Secretary of the Interior gave a decision in the case of Thomas Liggitt, an Artillery Artillery in Col. Flower's Regiment, that he was entitled to a pension under the act of 7 th June 1832. at the rate of $240. per ann. or $20. per month.

according to the resolution of the 11 th of February 1778. and this decision was made, subsequently to embrace the artificers of Colonel Baldwin's Regiment.
But this decision was expressly limited to those artificers of each Regiment only, who enlisted into the continental service, for three years or during the war. which was the period required by the act of 11 th February to entitle them to $20. per month.
And the invariable practice of the office has been to allow a pension at the rate of $240. per annum, under any of the several acts for the revolutionary soldiers or their widows, to those only, whom the rolls of this office, showed proved to have enlisted for three years or during the war, and who served two years. only. There are many on these rolls who appear to have enlisted for one year, and also for

two years, but not one of them has received a pension at the rate of $240. per ann. And the reason for not granting to such an allowance was that the decision of Secretary Ewing embraced only those who had enlisted for three years or during the war.
Upon examining the declaration of William Van Benthysen, it appears that this decision can have no application to his case. He did not enlist for three years or during the war. Nor was he in Colonel Farrow or Colonel Baldwin's Regiment. Nor did he serve under any of the subordinate officers of that above Regiments whose names appear on the rolls in this Office. Nor is the name of William Van Benthysen borne upon these rolls for any service. Nor hitherto does it appear by these rolls, or by any other documents, that there

were ever any enlistments into the Corps of Artificers for any such periods of time as alleged by him that he enlisted & served for.
The records show that all the enlistments in those corps. were for periods of one year. Two years. Three years, or during the war. While Van Buren - saw alleged that he enlisted for one term of five months, and rendered the service in cutting tent poles. for another period of five months, and was employed in making cars. and then for two periods of ten months each, and was engaged in building boats.
All this service was foreign some. - what foreign to the duties of enlisted Artificers, and pertained more to the occupation of laborers in the civil branch of the service.
His claim was not allowed during his lifetime for service as an Artificer but only as that of a Private of Inf.

- party, no what might be done. - sided a liberal estimate of the character of the service, and the proofs. His widow received a pension for the same at the same rate as before until it was increased to the sum of $240. per ann. But for the reasons above in- -dicted, the application for an increase of her husband's pension at the same rate has been dis- -allowed.
I have the honor to be,
Very respectfully
Your Obt. Servt
Wm H. Melick.
Acting Commissioner
Wm Caleb B. Smith.
Secretary of the Interior.

Van Berkhuyzen May Dear friend
Oct 23 1853 Post Office Feb 9 65
These papers I found with hope of getting them back. He replied to the letter of Mr. Valentine 10 th of Jan'y 65. See Rec. below Page 433 - Part of the J. G. Williams written & incorporated in Dennis's & deeds.
Letter

Sir
Albany NY Octr 17 th 1864
I herewith enclose the papers in the application of Mary Van Benthuysen for the increase of pension which was due her husband Mr Van Benthuysen under the Act of June 7 th 1832. Her case having been adjudicated at $240 per Annum, her husband was also entitled to the same amount, which is now payable to his widow
I am Yours, very respectfully, (Mr Valentine)
Comm ee of Pensions Washington City DC

Rensselaerville. New York June 19. 1833
J. L. Edwards Esq
Dear Sir,
Herewith I send an affidavit or additional statement of William Van Benthuyzen an applicant for a pension under the act of June 7. 1832. It appears that Mr Van Benthuyzen has been so unfortunate as to have his claim suspected from the beginning, as "his claim was suspended and his papers placed on file" almost immediately after their receipt at the pension office. I have taken great pains to ascertain from respectable persons in the City of Albany and aged men who knew Mr Van Benthuyzen in the Rev. War, in relation whether there was any doubt in relation to this claim, and have satisfied myself that there is not only no doubt whatever of Mr Van Benthuyzen's services, but that there is not a more just claim before the Department, and that denying him a pension is doing him great injustice. The probability is, that this application has been suspended by reason of the carelessness and inattention of Mr Van Ingen in preparing his original papers, and in not setting forth his services definitely.
It is stated in your letter of Jan'y 10. 1833 that Mr V. B. "alledged in his first declaration a few terms of militia service in 1770 & 77 and concluded by affirming that he served in all not less than 24 months," and in your letter to me of June 5. 1833, "that he alleged in his last declaration a continuous service of 1 yr & 5 days in 1776," and that the militia was not embodied 1 yr & 5 days in 1776. I apprehend that he did not allege that he served the whole of the year 1776 in the militia but that his 1 yr & 5 days service were performed in the years 76 & 77, and that a

mistake was made in the examination of his last declaration - It is doing these old men a vast injury in withholding their papers, and in endeavouring to frustrate them inasmuch as old age and disease has ren- dered many of them almost incompetent to give a correct detail of their services and impaired the recollection of all - and it appears to me that these claims ought rather to be facilitated by the Publick Officers than embarrassed. It is true that frauds may be committed by applicants, and that proper measures ought to be taken to guard against them, but so far as my knowledge extends the evil has been, in denying just claim (as in this case of Mr. J. B.) in attempting to prevent frauds! - I wish you to re-examine Mr Van Benthuyes case and communi- -cate to me the result as soon as possible and if his claim is still disallowed, please return to me his papers - Direct to me at Rensselaerville New York -
Respectfully Yours &c
J. P. Moore

State of New York } ss Albany County John Bogert residing in the city of Albany in the County and State of aforesaid aged 72 years and upwards being duly sworn deposes and says that he well knows William Van Benthuyzen late a soldier in the Revolutionary War and knew him perfectly well in the said War, and has known him ever since. And this deponent further says that he well knows that the said William Van Benthuyzen did serve as a soldier in the said War, at different times and at different periods during the said War. That this deponent well remembers that the said Van Benthuyzen served in Capt Price's Company and Colo Lansing's Regiment in the year 1776 & 1777 and knows that he was called out at different times in different times & at different places during the said War at different times and places, that he this deponent knows that the said Van Benthuyzen was a faithful and good soldier, and was generally reputed and it was well understood at the time that the said Van Benthuyzen was very frequently called into the said service in the said War. That this deponent does not know precisely the length of time at each period of service the said Van Benthuyzen served as a soldier but verily believes, and has no doubt, that he served at least two years during the said War. That he this deponent never understood that the said Van Benthuyzen entered the said service under any civil contract, but entered the said service as he was called out by his officers & by the authority, that it has always been well understood that the said

Van. Benthuyzen did serve as a soldier in the said War, and he this deponent never heard it questioned or contradicted, that this deponent well knows that there was a Captain Boadt in the also a Captain Van Gyn in the said service, in the first does not recollect whether Van Benthuyzen belonged to the said Companies, but well understood that he was in the publick service and served as a soldier, above stated.
Sworn and subscribed.
this 20 day of December
1833 Before me
Joseph Bogart
J. B. Moore Judge of Albany County Courts
Albany County ss. I certify that I am acquainted with the above named Henry Van Benthuyzen and Joseph Bogart, that they are credible persons, and that their statement is entitled to credit.
J. B. Moore Judge of Albany County Courts
State of New York } ss Albany County } ss I Conrad A. Ten Eyck Clerk of the City County of Albany do hereby certify that Joseph B. Moore before whom the foregoing affi- davits of John Bogart and Henry Van Benthuyzen were shown and who has made the above cer- tificate is a Judge of the County Courts of the County of Albany in the State of New York and that the signature J. B. Moore to the said affi- davits and Certificate is his genuine signature. In testimony whereof I have hereunto set my hand and affixed the seal of the said County this 21. day of December 1833.
C. A. Ten Eyck Clerk

Anterior service rejected
Adm
12mo. 60s pr
1 yr. 60s pr
Anterior service
Direct all communications relating to this claim to J. B. Moore Rensselaerville New York
Dr Per Gen Cronk Pension Office War Department
175 14 189

Rensselaerville Albany County New York December 23. 1833
Dr Geo W. Crump.
Dear Sir
Herewith I send two additional affidavits proving the service of William Van Benthuyzen as a soldier in the Revolutionary War. It appears to me that this proof together with the other affi- davits in the pension office, makes out a very conclusive case in favor of Mr Van Benthuyzen, and I regret extremely that so much prejudice should have been entertained against this claim in the pension office. I apprehend the whole difficulty has arisen in consequence of the heedless and improper manner in which Mr Van Ingen prepared Mr Van Benthuyzen's papers in the first place for it is as clear as any case which has been presented to the War Department, that he Mr V.B. did serve as a soldier more or less, in al- most every year of the Revy. War, and I know that pensions have been granted upon much less proof, and upon infinitely less meritorious claims. I hope therefore that Mr Van Benthuyzen will have that justice done him which he is entitled to, regardless of the ignorance and carelessness of his first agent Mr Van Ingen or even of any inaccuracies of mine - I have heard nothing from you since your letter of the 25 Nov. last ad- dressed at New York - Please let me know how my remaining claims stand - Respectfully Yours &c.
J. B. Moore

Return to
Mr Giles F. Yates Schenectady N.Y.

Mr Giles H. Yates
I understand from
my nephew Mr C. R. Van Benthusen of Albany that you assist old soldiers in getting their pensions. I received one but it is a great deal less than I am entitled to. I served in the company of Captain Anthony Bratt Capt Van Dusen and Captain Sheaf for several years also a sergeant under Captain Price and only get about $40. a year If you can assist me I shall be much obliged to you
Wil m van benthysen
Green Bush the 15th of March 1839
Application of W m Van Benthysen for an increase of pension under the act of 7 th June 1832. —
To J. L. Edwards Esq Commissioner of Pensions Sir.
In furtherance of Mr W m Van Benthysen's wishes, I beg leave to invite your attention to the papers on file in the matter of this application for a pension under the act of 7 th June 1832. When his claim was originally allowed, there was doubtless not sufficient documentary proof in your office to warrant full pay. Since that time, as I am informed, there have been many rolls & documents received from this State & elsewhere.

throwing much light on the services of militia-men, & of those who served in the Department of the Quartermaster General on the Continental establishment. I am satisfied, that on a reex- amination of his claim, he will be found entitled to full pay. I can procure him a supplemental deposition if requested, but pre- sume he will not be able to present any facts in addition to those which are established by his original papers.
Very respectfully
Your obedt. Servt.
Niles H. Knapp
Schenectada, N. Y. March 18 th 1839

Van Senheyser
J. L. Edwards Esq. Commissioner of Pensions War Department Washington D. C.

State of New York } County of Rensselaer }
Mary Van Benthysen a resident of Greenbush in the county & state aforesaid Apr. seventy nine has now made, who being first duly sworn according to law. Depose that she is the widow of Wm Van Benthysen late a pensioner of the United States, &c. And that she is now in the receipt of a pension at the rate of Eighty dollars per annum under the 2 d Section of the Act of Feb 3 d 1853. That having been informed & believes she is entitled to an increase of her pension on account of services rendered by her said husband in the Revolutionary War, part of the time as an Artillerist She therefore makes this claim upon the supposition that in the adjustment of her claim for a pension this class of service was not considered or included. In support of which claim she refers the pension Department to the evidence on file in that office or to such other evidence as may be furnished by her Agent Mr Valentine of Albany N.Y. who is hereby authorized to prosecute said claim & substitute such person at Washington as he may designate for the purpose. She further declares that she still remains a widow — — —
Subscribed & sworn to before me } this 22 nd day of February 1861 } Henry Goodrich Justice of the Peace }
her Mary X Van Benthysen mark
I certify that Mary Van Benthysen is the identical person above named and described, and being entirely blind is the reason she cannot write her name — — —
Henry Goodrich Justice of the Peace

STATE OF NEW YORK, RENSSELAER COUNTY CLERK'S OFFICE } ss.
I, J. THOMAS DAVIS, Clerk of said County and also Clerk of the Supreme, County and Mayor's Courts being Courts of Record held therein, do hereby certify that Henry Jordner before whom the annexed affidavit was made, and whose name is thereto subscribed, was, at the day of the date thereof, a Justice of the Peace, in and for said County, duly commissioned and sworn, and that his signature thereto subscribed is genuine.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the seal of said County, this 25th day of February A. D., 186 7 J Thomas Davis CLERK.
60 66 1280 240

State of New York } County of Rensselaer }
On this 5 th day of August 1862 before me Henry Goodrich a Justice of the Peace in and for said County. Personally appeared Mary Van Benthuyzen a Pensioner of the United States who being first duly sworn according to law doth on her oath make the following Declaration in order to obtain the increase of pension which she is informed and believes was due her husband Mr. Van Benthuyzen under the Act of Congress passed June 7 th 1832. That she is the widow of William Van Benthuyzen who was a pensioner of the United States at the rate of Eighty dollars per annum under the Act of Congress aforesaid until the time of his death which was on, or about the twenty third day of January in the Year one thousand eight hundred and forty five. That this Declarant is now in the receipt of a pension at the rate of two hundred and forty dollars per annum under the 2 d Section of the Act of Congress passed February 3 d , 1853. In support of which claim she refers Pension Department to the proof on file in that office. She further declares that she is now a widow. Subscribed & sworn to before } on this 5 th day of August 1862 } H. Goodrich Justice Peace
Mary X Van Benthuyzen mark
I certify that Mary Van Benthuyzen is the identical person above named and described. I further certify the reason of her not writing her name is because she is entirely blind, having lost her eye some years since
Henry Goodrich Justice Peace

STATE OF NEW YORK. CITY OF TROY, RENSSELAER COUNTY CLERK'S OFFICE. } ss.
J. THOMAS DAVIS, Clerk of said County, and also Clerk of the Supreme, County and Mayor's Courts being Courts of Record held therein, do hereby certify, that Henry J. Davis whose name is subscribed to the certificate of Proof or Acknowledgment of the annexed Instrument, was, at the time of taking such Proof or Acknowledgment, one of the Justices of the Peace of the County of Rensselaer, dwelling in said County, and duly authorized to take the same; that I am well acquainted with the hand-writing of the said Justice, and verily believe that his signature to the said certificate of Proof or Acknowledgment is genuine, and that said instrument is executed and acknowledged according to the laws of the State of New York.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the Seal of said County, this 16 th day of August A. D., 1862
J. Thomas Davis
CLERK.

✓ Acting Commr. of Pensions 10 Sept. 1862.
Report on the appeal of Mary Van Benthuyson Claiming an increase of pension under the act of June 7. 1832, as the widow of William Van Ben- thuyson. deceased.
File until called up 23 Nov 65 C. O.
Whitins
me
Y
18

Pension Office.
Sept. 11 th 1862.
Hon. Caleb B. Smith:
Secretary of the Interior:
Sir.
I have the honor to return herewith the letter of William Valentine Esq taking an appeal from the decision of this office in the case of William Van Benthuyser under Act of 7 th June 1832 and in obedience to your requisition, I submit the following report, together with the papers in the case.
William Van Benthuyser drew a pension during his life time under the Act of 7 th June 1832 at the rate of $80. per annum, which was the full pay of a private of Infantry for two years service. He died in the year 1845. His widow applied for and received on the 6 th of June 1853 a pension

under the Act of 3 rd February 1853 at the same rate as that received by her husband.
On the 19 th day of March 1861 her pension was increased from $80. to $240 per annum, with arreages from 3 rd Feb. 1853 on the ground that her husband rendered service as an Artificer.
The present application is for an increase of her husband's pension for such services under the Act of 7 th June 1832 at the same rate from the 1 st March 1831 to the year 1845 when he died.
This office has disallowed the claim on the ground that the services performed by William Van Benthuyser did not entitle him to a pension at the rate of $240 per annum which was the pay and pension of a certain class of Artificers of whom he was not one: Mr Valentine ap-

results from this decision, not on the merits of the claim, but solely on the technical ground, that the office having allowed the increase to the widow it is bound to extend the same allowance to the claim of the husband - or to use his own language - "it is not competent to review a claim once established".
It is submitted that no proposition can be more clear than that if it is competent for this office to review a claim once admitted, for the purpose of allowing an increase of pension, it is equally competent to re-examine a claim and to reduce the allowance or suspend it altogether on the discovery that the claim is an illegal one or that its original admission was by a mistake.
If it is incompetent to review a

claim once established, the office committed an error in allowing an increase of pension to Mrs Van Benthuyzen for her pension had been established as well as that of her husband at the rate of $80 pr. annum and it was a "re-view" of the claim which resulted in granting her the sum of $240 per annum.
But it is not proposed to disturb this allowance to her even if it was an erroneous one, but the office objects to extending this decision so as to cover the claim of her husband. At the time when the increase was granted there was no claim on her husband's account which could be granted to her.
The opinion of the late Attorney General was then the rule of the office and it excluded the widow as well as the children from any right to a pension or to an increase of the pension to which the soldier himself, if living

might be entitled. The decision rendered by your Honor in the case of Sarah Howard restored the former practice of this office and set aside the rule which had been adopted under the opinion of the late Attorney General; consequently Mrs Van Benthuyzen would be entitled to receive an increase of her husband's pension if the merits of the claim justified an allowance.
But it is submitted that it is the duty of this office to examine into the merits of his claim to an increase just as closely as if it were an original application and that the decision granting an increase to her does not forbid an examination of the case and a decision upon its merits. If the opposite position should be taken, then this office could not only not correct its own mistakes when discovered

but would be bound to repeal them; and having granted an increase of pension to a widow to which she was not entitled, it would be obliged to grant the same to the husband also. But neither the law nor the practice of this office sanctions such a course.
For many years after the passage of the Act of 7 th June 1832 and while the soldiers were living and receiving pensions it was the constant practice of the office to increase their pensions when found to be entitled or to reduce them; if it was discovered that they had received more than the law or the proof warranted, or to suspend them altogether when it clearly appeared that they were not entitled at all, and in many instances where either by the fraud of the applicant, or by mistake on

the part of the office, an illegal claim had been allowed, the parties have been required to refund the amount improperly obtained.
The only change in this practice which has occurred, was brought about by the passage of the law of the 1 st of July 1848, in the case of widows whose husbands had received pensions.
The office had been in the practice of requiring them to furnish in many instances, evidence in addition to that which had been deemed sufficient to prove the husband's service; and this law was passed to remedy this evil and it declared that; "in all cases where a pension may have been granted to an officer or soldier of the Revolution in his life time, the evidence upon which such a pension was granted shall be conclusive of the

service of such officer or soldier in the application of any widow" &c.
But even this law has never been construed to bar the right of the office to "review" the admitted claim of the husband and to exclude the claim of his widow if he had been found to be a deserter.
But this law which alone has qualified the practice of the office has no application to the present case of William Van Benthuyser. If he had in his life time received a pension at the rate of $240 per annum that a pension at that rate would have been granted under the law of 1 st July 1848 to his widow without regard to the merits of the case itself. But he received only $80 pr. annum which was all that the office decided the service entitled him to, and his widow was pensioned at the same rate. But

it has happened that her pension has been increased to the rate of $240 per. an. and it is now demanded that his pension should be increased to the same rate, on the ground that the claim has been once adjudicated and it is not competent for the office to look into its merits again.
Upon this point this office takes issue and insists that neither the law nor the uniform practice forbids a re-examination of his claim and a decision upon its intrinsic merits.
It is submitted that the allowance of the increase of Mrs Van Benthuyser pension to $240 pr. an. was an inadvertence on the part of this office which grew out of a hasty examination of the case by the examining clerk at a time of great national excitement and just before he resigned and allied himself to the

rebels against our Government. The claim was allowed by Mr Woodley on the 19 th of March 1861, and in his brief, assigning the reasons for the allowance he says; "it is for two years service as an artificer rendered in 1778 and subsequent to that date, according to the resolution of Congress and the uniform practice of the office for many years."
In this statement a misapprehension of the law of Congress is fallen into and a mistake is made as to the uniform practice of the office for many years.
There were two Regiments of Artificers only raised to serve in the continental army during the Revolutionary War: the one commanded by Col. Benj. Flowers which was called "Artillery Artificers" the other commanded by Col. Baldwin which served in the Quarter Masters

Department which was called "Artificers" only. Col. Howers Regt. was raised in the year 1777 and on the 11 th of Feb. 1778, Congress by resolution, declared "that the pay of Col. Benj. Howers corps of Artillery Artificers shall be for all those who engage to serve the United States as such for three years or during the war twenty dollars a month, besides the same bounty, clothing and every other benefit allowed by Congress to the Continental Artillery" &c.
And on the 12 th day of Nov. 1779 Congress resolved "that the eleven companies of Artificers raised by the Quarter Master General be reformed and incorporated and arranged in such manner as the Commander-in-Chief shall deem proper."
And on the 16 th of Nov. 1779 Congress resolved "that the allowance of pay subsistence and clothing

of the other officers and men of the said Artificers be the same with that of the artillery artificers under the command of Col. B. Glover"
In the year 1850 the Sec. of the Interior gave a decision in the case of Thomas Liggit an Artillery Artificer in Col. Glover's Regt. that he was entitled to a pension under the Act of 7 th June 1832 at the rate of $240. pr. an. or $20. per month according to the resolution of the 11 th of Feb. 1778 and this decision was made, subsequently to embrace the artificers of Col. Baldwin's Regt.
But this decision was expressly limited to those artificers of each Regt. only, who enlisted into the Continental service for three years or during the war which was the period required by the Act of 11 th Feb. to entitle them to $20. pr. month.
And the uniform practice of the office has been to allow

a pension at the rate of $240. pr. an. under any of the Acts for the Revolutionary soldiers or their widows to those only whom the rolls of this office proved to have enlisted for three years or during the war and who served two years.
There are many on these rolls who appear to have enlisted for one year and also for two years but not one of them has received a pension at the rate of $240. pr. annum. And the reason for not granting such an allowance was that the decision of Sec. Ewing embraced only those who had enlisted for three years or during the war.
Upon examining the declaration of William Van Benthuy- sen it appears that this decision can have no application to his case. He did not enlist for three years or during the war, nor was he in Col. Flawers or Col. Baldwin's Regt. nor did he serve under any of

the subordinate officers of those regts whose names appear on the rolls in this office, nor is the name of William Van Benthuyssen borne upon these rolls for any service. Neither does it appear by these rolls or by any other documents that there were ever any enlistments into the corps of artificers for any such periods of time as alleged by him that he enlisted and served for. The records show that all the enlistments in those corps were for periods of one year, two years, three years or during the war.
While Van Benthuyssen alleges that he enlisted for one term of five months and rendered the service in cutting tent poles - for another period of five months - and was employed in making oars; and then for two periods of six months each and was engaged in building boats.
All this service was somewhat

foreign to the duties of enlisted artificers, and pertained more to the occupation of laborers in the civil branch of the service.
His claim was not allowed during his life time for service as an artificer but only as that of a Private of Infantry or what might be considered a liberal estimate of the character of the service and the proofs. His widow received a pension at the same rate until it was increased to the sum of $240 per an. But for the reasons above indicated the application for an increase of her husband's pension at the same rate has been disallowed.
I have the Honor to be
Very Respectfully
Your ob t . Serv t
W m H. Michie
Acting Commr.

Mary Van Ben thy son Claim for Increase widow of William Ryerson Jan 10 1865
Revolutionary
[Large stylized signature or flourish]
Mrs Valentine Albany New York
N.Y.

State of New York } County of Rensselaer }
On this 13 th day of October 1864 before me Henry Goodrich a Justice of Peace in and for said county, personally appeared Mary Van Benthuyzen a pensioner of the United States, who being first duly sworn according to law, doth on her oath make the following Declaration in order to obtain the increase of pension which she is informed & believes was due her husband William Van Benthuyzen under the Act of Congress passed June 7 th 1832. That she is the widow of William Van Benthuyzen, who was an Artificer in the War of the Revolution, and a pensioner of the United States at the rate of Eighty dollars per annum under the Act aforesaid until the time of his death which was on or about the twenty third day of January, one thousand eight hundred and forty five. That this Declarant is now in the receipt of a pension at the rate of two hundred & forty dollars per annum under the 2 d section of the Act of Congress passed February 3 d 1853 In support of which claim she refers the Pension Department to the proof on file in that office. She further declares that she is now a widow Subscribed & sworn to before me } Mary X Van Benthuyzen this 13 th day of October 1864 } mark Henry Goodrich Justice of the Peace
I certify that Mary Van Benthuyzen is the identical person above named and described, and the reason of her not writing her name is because she is entirely blind, having lost her eye sight several years since, and has no interest whatever in the aforesaid claim Henry Goodrich Justice of the Peace

STATE OF NEW YORK, RENSSELAER COUNTY, CLERK'S OFFICE, } ss :
I, EDWIN BROWNELL, Clerk of said County, and also Clerk of the Supreme, County and Mayor's Courts, being Courts of Record held therein, do hereby certify that
Henry Goodrich before whom the annexed affidavit was made, and whose name was thereto subscribed, was at the day of the date thereof, a Justice of the Peace, in and for said County, duly commissioned and sworn, and that his signature thereto subscribed is genuine.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name, and affixed the seal of said County, this 14th day of October A. D., 186 4
Edwin Brownell
CLERK.
ms D

State of New York } ss County of Albany }
On this 18 th day of June 1833 personally appeared before the undersigned a Judge of the County Courts of the County of Albany in the State aforesaid William Van Benthysen a resident of the town of Greenbush in the County of Rensselaer in the State of New York aged 74 years in May last who being first duly sworn according to law doth on his oath make the following further and additional declaration in order to obtain the benefit of the act of Congress passed June 7. 1832
This declarant states on his said oath that he actually served in the Militia as a private soldier in the years 1776 and 1777 at different times one year and six days - and that he has never stated to his knowledge that he served "one year and six days in an embodied corps" in the year 1776 , as he is charged with saying in his declaration of March last as appears from S t . Edwards letter to S t B. Moore of the 5 th June 1833. and if any such statement appears in his said declaration, it must have been an error in reciting his services.
This declarant further states on his oath aforesaid that Mr Van Ingen was not particular in stating all his services in the militia in '76 & '77, because his subsequent tours as an artificer made in the aggregate more than two years, which as he other Van Ingen states was sufficient to entitle to him to a full pension.
This declarant further says that in the year 1776 he was called out at

different times and Stationed at a Fort in the City of Albany and was also marched to Lake George and other places along the Hudson river, And in the year 1777 He was very frequently called out and was marched to Saratoga about the time of the surrender of Burgoyne, and was sent to Hartford in Connecticut with prisoners, and positively knows and solemnly swears that he served in the course of the said Two years. One year and six days, And that he this declarant can prove concerning that he was at the different places mentioned in his declaration and as above stated
And this declarant further states on his said oath that he never was employed under a "Civil contract" to make Tent poles, Boars, and to work on boats, barracks &c nor did he ever receive one cent to his knowledge for such services, and that when ever he was engaged in that business he was ordered out by the Capt's mentioned in his said declaration vizt Capt Bradt, Van Deusen & Sheafe, and was generally put under the charge of a Sergeant and was marched to different places and put to the employment mentioned in his said declaration. That he was furnished clothing and provisions during these periods, but never recd any other compensation -
This declarant further states that before West Point was about to be given up he was stationed at that place and was under the command of Genl

Arnold and after Genl Arnold left that place he was under the command of Genl. M c Dougall, and that previous to and after the attempted surrender of West Point he was employed in transporting provisions wood &c from Haverstraw to the garrison at the Point and after Genl Arnold left that place, he assisted in taking up the chain that was thrown across the Hudson river - and that he this declarant could abundantly prove his services in nearly the whole of the Revolutionary War if Capt Shefford Colis Conneroot and Van Schaick were now alive -
That from the year 1776 to the close of the year 1781 he was more or less in the service of the United States in each and every year. That he can abundantly prove by the most respectable witnesses or general belief and understanding in the city of Albany, that he was engaged in the (said) Service as he has above stated. And this declarant begs leave to say that he considers it extremely hard that he must be severely and rigidly dealt with by "suspending his claim and placing his papers on file" and thereby embarrassing his case, and by depriving him of a pension, when at the same time others are in the receipt of a pension, when he well knows has never performed any thing like the amount of services in the Rev y War that he has performed. And this declarant further

States that he is a very old man and that his "recollection has failed him very much and that Mr Van Ingen is also a very old man, and that in all probability his first declaration was not stated made out as regular and in as satisfactory a manner as it ought to have been, and that he thinks it ungenerous that old age, and weakness should be the means of depriving him of a pension in consequence of misstating his services, when in fact and in truth, abundant services have actually been performed -
Sworn to and subscribed the day and year aforesaid Before me J. B. Moore Judge of Albany County Courts Wil m Benthifen
State of New York } County of Albany } ss I Conrad A. Ten Eyck Clerk of the City and County of Albany do hereby Certify that Joseph B. Moore before whom the foregoing declaration was sworn is a Judge of the County Courts of the County of Albany and that the signature "J. B. Moore" to the said declaration is his genuine signature. In Testimony whereof I have hereunto set my hand and affixed the seal of the said County this 15 th day of June 1833 C. A. Ten Eyck Clk for Jacob Wetmore Deputy

In the matter of the application of W m Van Benthuyzen for an increase of pen- sion under the act 7 th June 1882
Supplemental affidavit
Agent S. H. WARD Schenectady N.Y.

State of New York County of Albany
William Van Den Thuyser of the Town of Greenbush in the county of Rensselaer being duly sworn and examined, doth depose & say, that he is the same person whose ap- plication for a pension under the act of 7 th June 1832, is now on file in the office of the Com- missioner of Pensions - that he begs leave to recapit- ulate his services in the war of the Revolution, be- lieving they may not have been so particularly set forth in his original papers as may be desired - in order to obtain an increase of his pension, to which he believes himself to be justly entitled.
In the fall of the year 1776, he this Deponent served with a detachment of militia from the Regiment of Militia commanded by Colonel Jacob Lansing from the Albany District - which Detach- ment was under the command of Captain (af- terwards Major) John Price. He marched with this Detachment to Lake George where he continued on duty with the troops there stationed for a term of at least three weeks, when the said Detachment was discharged from further duty at that time -
In the month of May or there- abouts in the year 1777, he this Deponent enlisted in the company of artificers comman- ded by Captain Anthony E. Brant & served in his company for the full term of five months at Albany, Whitehall & other places - and was engaged while in this service in erecting barracks & preparing timber for forts -

In the spring following, in the month of April or May 1778, he this Deponent enlisted in the Company of Artificers (and fatigue men) under Command of Captain Jacob Van Dusen for the term of nine months, and served out said term of nine months in full at Wappingers Creek & Helderberg and was employed in building boats, and in erecting barracks at New Windsor, & Fishkill.
Immediately after he this Deponent left said Company of Captain Van Dusen, he enlisted in the Company of Artificers commanded by Captain Sheaf or Cheever at Wappingers Creek aforesaid - where he served pursuant to his enlistment for the full term of one year in building boats, & scows, as directed by General Washington who came in person & gave directions respecting the work. While in this engagement he with four or five others, was detailed to erect barracks at Puerstkill for some troops then stationed under command of General La Fayette. making in all a service under different engagements of at least twenty seven months besides a term of between three & four months in the year 1779 at West Point under Genl. Arnold & when Arnold left under General McDougall, of which last service he this Deponent makes no account.
Subscribed & sworn to — Wil m van Lenthuysen this 30th day of March 1839, before me Judge Mayhew Smith. Commissioner
State of New York County of Albany J. Henry B. Harnett Clerk of the said County of Albany do hereby certify that Robert Hiltner before whom this affidavit was made to have been sworn upon the day of the date of the foregoing statement of Albany County and that the name subscribed to the same is his proper name and that he is the person described in the foregoing statement and that he is the person who made the same affidavit to the said Clerk this 30th day of March 1839.

DECLARATION
In order to obtain the benefit of the Act of Congress, passed June 7, 1832.
STATE OF NEW-YORK, COUNTY of Albany } ss.
On the thirteenth day of August 1832, personally appeared in open court, before the Justices part of the City of Albany now sitting, William Van Benthuyzen (a resident of Greenbush, opposite the City of Albany in the county of Albany and state of New York ) aged 88  that is to say  seventy 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 first enrolled as a militia man, in the City of Albany, in the Company Commanded by John Price Esquire, in Major Lansing's 1st Regiment, and was ordered out in the year 1776, to march to Lake George, on arriving at which place, & after remaining there ten or twelve days, Capt. Price's Company with the rest of the Albany Militia were ordered to return back to Albany; that some time afterwards, and in the same year, he this Declarer was again ordered out with the rest of Capt. Price's Company to march to the Helderberg , in the County of Albany, for the purpose of detecting and defeating plots and conspiracies by the disaffected inhabitants in that quarter, in which service he was engaged for about one week; — Not long after he this Declarer was again ordered out with the same Company and Captain, and on similar purpose, and were on duty there for about one week more — and were then ordered to be ready at a moments warning to march wheresoever ordered — In the year 1777, he was again called into actual service under Capt. William Hoss , who also belonged to the Albany Regt. & went for the purpose of guarding some prisoners who were ordered to be taken to Hartford in Connecticut, and were out on this service about two weeks — That he has also been called out with the Militia on various occasions, and at different times, in the course of the Revolutionary war, the precise times he does not now recollect, but is very confident, that he has served in all a period of not less than twenty four months
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.
Sworn to and subscribed, the day and year aforesaid.
J. G. Watson Clerk  W. Van Benthuyzen
WE _____ a Clergyman, residing in the _____ and _____ residing in _____ 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 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 _____ who hath signed the preceding certificate, is a Clergyman resident in the _____; and that _____ who has also signed the same, is a resident of the _____ and is a credible person, and that their statements are entitled to credit.
I, John G. Watson Clerk of the Jusice Court of the City of Albany , DO HEREBY CERTIFY, that the foregoing contains the original proceedings of said Court, in the matter of the application of William Van Benthuyzen for a pension.
IN TESTIMONY whereof, I have hereunto set my hand and seal of office, this 16 th day of August A. D. 183 2
John G. Watson Clerk

In the Justice Court of the City of Albany } In open Court - On the 16 th August 1832 personally appeared in open Court Nicholas Joralemon, of the City of Albany, formerly a Captain in the Albany Reg t of Militia, who being duly sworn, saith that he is well acquainted with W m Van Berthuyzen, who hath subscribed Oath to the within declaration, and that he knows that the said William Van Berthuyzen, hath performed military duty in the manner therein stated.
Subscribed Oath to } on the day & year aforesaid } J. S. Watson Clerk
Nicholas Joralemon
W m Van Berthuyzen No 6044 Sechenstein Baker
Albany County ss. On this 28 th Dec r 1832 before the subscriber, a Justice of the Justice Court of the City of Albany, personally came James Hinton of the City of Albany, whom this subscriber well knows, and doth hereby certify, to be a man of strict truth and entitled to full credibility, who being duly sworn, deposeth and saith that he did serve in Capt. Van Dusen's Company of Artificers under the Command of Quarter Master General Morgan Lewis, and that the within named William Van Berthuyzen served for nine months as an artificer in said Company, and were dismissed at Albany by Capt. Van Dusen; and that in a few days after returning from that tour, he and the said William Van Berthuyzen again enlisted under the same Captain in the same Company of Artificers, and were sent to Fort Hill, and were employed under the Command of Col. Ustry, Adj t of the Quarter Master General's Dept t for the term of two months, and were then again dismissed by Capt. Van Dusen, and returned to Albany - That this deponent has read the declaration of the said William Van Berthuyzen relative to his services in the Militia previous to his becoming engaged as an artificer in the Quarter Master Gene- ral's department under Colonels Shay and Lewis; and that he doth firmly believe the facts by him stated to be strictly true
Subscribed Oath to } on the day and Year aforesaid }
James Hinton
Gerrit Boogaert Justice of the Justice Court of the City of Albany