Revolutionary War Pension and Bounty Land Warrant Application File S. 16,278, James Vanderbilt, New York

SERVICE
SERVICE New York.
Vanderbilt, James or Vanderbilt.
NUMBER _____
S. 16278
carded
CONTENTS

24761 New York
James Vanderbelt of Rockland Co in the State of N. York who was a Pr. & Sgt in the Comp y command by Captain Deronder of the Reg t command by Col Nicolls in the N York line for 5 Months Private 5 Months Sgt.
Inscribed on the Roll of New York at the rate of 50 Dollars — Cents per annum to commence on the 4th day of March, 1834.
Certificate of Pension issued the 20 day of Feb. 1834 and sent Wm. F. Frazer Clarkstown N.Y.
Arrears to the 4th of Sep r 33 — $125.00 Semi-ant. allowance ending March 34 25.00 $ 150.00
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by M c Cromwell Clerk, Book E Vol. A Page 85
See let to Wm F Frazer May 1 st 1834

State of New York } Rockland County } ss
On this twenty Seventh day of November in the year one thousand eight hundred and thirty two, personally appeared in open court, before the Judges of the Court of Common Pleas, now sitting at the Town of Clarkstown in and for the County of Rockland, James Vanderbelt a resident of the town of Clarkstown in said County and State aforesaid aged seventy five years last October, as appears by the Record of his age kept in the family Bible, now in the possession of his step-Mother now living in said Town who first being 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 in the latter part of the year 1775 or the commencement of the year 1776. He with many of the inhabitants of the then Precinct of Haverstraw Orange County, now Clarkstown Rockland County, met together and signed articles of association or confederacy, by which they bound themselves to do all in their power to obtain the independence of the United States of America. That in the year 1776 above mentioned he first enlisted as a Soldier in the five months service as a volunteer, in a company of Militia, whereof Jacob Seronder was Captain, and John S. Goe and Isaac Goe were Lieutenants and the Regiment to which said company belonged was commanded by Colonel Nichols from Orange County, and General George Clinton was commander in chief. That after his enlistment the company was stationed at a place called the Ned Hook, near Peekskill landing on the east side of the Hudson River, in what is now called Westchester County; there were at the same time stationed with them two other companies, to wit, the company commanded by Captain Abraham Underdonk, and a company commanded by Captain Nichols from Orange County. That he the said Vanderbelt served out his time, and he with the company was discharged on the last of December of the same year. That previous to their discharge a relief was sent, that the discharge that the company received was by parole, that he knew of no written discharges

at that time - That after he was thus discharged, he returned home to Clarkstown, and in the following year 1777 as near as his memory now serves him, he was again called out in the Militia service, in guarding along the west shore of the Hudson River, and was stationed at different places along the same, and continued so in service, until the fall of that year. Soon after a company of Volunteers were raised by Captain Robert Johnson to serve for three months, that he the said Vanderbilt was appointed by this company as a Sergeant, but that he held no written appointment, as it was at that day unusual - That the company thus raised were stationed at Saphan in Rockland County, near the line of the State of New Jersey; that the company was then, at that time under the command of Colonel Gilbert Cooper; that he served out his three months faithfully, and was then dismissed or discharged by the officers in command, and he with the rest of the company returned home. That while serving in this company and while stationed at Saphan, the British Army and Light Horse came up, and the division to which he belonged was compelled to retreat, and were followed by the British until they reached near Clarkstown. Recollects that the night previous to this, that a company of British soldiers, murdered a troop of light Dragoons, while they were asleep in Barns, at Saphan - That he afterwards in the year following, which as near as he can now recollect was in the year 1778. entered the Militia service at home, in the company of Captain Jacob Vanderdonk, and was stationed as a guard at different places along the Hudson River, but more particularly, at or near Haverstraw, Nyack and Saphan Landings in Rockland County, and occasionally, routing through different parts of the County of Bergen in the State of New Jersey - That in the same year, he again enlisted into another company under Captain John Gurnee, Resolvent J. Van Warten Lieutenant, and recollects, that he and the rest of the company were discharged by the officers in command about New Years Day - That he thinks Colonel Cooper had the command of this company also, as Colonel - That according to his present recollection, he in the following year 1779, was engaged in the Militia service in times

of alarm, which were daily or weekly as occasion required - That he was engaged, with some others, for one month in the service under General Wain, having been ordered by his officers to join his division, after the month was expired he returned home and entered into service again in the Company of Capt Jacob Onderdonk, at this time he was the greater part of the time in actual service at various places, as the British were continually landing from the shipping that lay in the Hudson River, or marching out of the City of New York, plundering the inhabitants of every thing valuable, taking many of the inhabitants prisoners to New York, or murdering them on the spot, or burning their dwellings, so much so, that no person was safe at home in their fields, or even the sanctuary, without carrying their arms with them. That he thus continued in service until the close of the war - That he was called out frequently upon scouts in the State of New Jersey whenever an alarm was made. Recollects now distinctly of one particular time when an alarm was given, he with the rest of his company were marched into the County of Bergen in the State of New Jersey, as far as to a place called the Dwas Brook, the British were then on their march from Hackensack, and intended to have cut off their retreat. That a pretty severe skirmish took place, and he with the rest of the American soldiers were compelled to retreat back to their Regiment that lay a few miles distant, remembers that this was on Sunday and that the British intended that night to take them all prisoners and which he says was prevented by two deserters that came to them that night and discovered the plot that the British had laid - He said James Vanderkett further declares that he was born in the then Precinct of Haverstraw then Orange County, now the town of Goshen in the County of Rockland, in the year 1757 as by the Record referred to appears. That he has ever since his birth resided in said town - That he cannot for absolute certainty declare the exact time in which he was engaged in actual service during the revolutionary war, as a length of time has elapsed, and his recollection is somewhat imperfect, yet after mature reflection and consideration, can without

hesitation fix and determine upon a period of at least two years in all, in which he was in actual service. - That he has no documentary evidence of his service, and the positive testimony he can offer in corroboration of this his declaration is the depositions of the persons hereunto annexed who served with him in said war - That he hereby relinquishes every claim whatever to a pension or annuity except the present, and declares that his name is not on the pension roll of the agency of any State. To the seventh Interrogatory Subscribed and sworn to the day and year aforesaid in open court but by the Court, he further declares that he is known by the following persons residing in his neighborhood & who can testify to his character for veracity and the belief of his services as a soldier of the Revolution, to wit James Van Buren , Abraham Van Houten, Resolvent Van Houten, Peter Stephens, Resolvent Stephens and others - and he further states that of the names of officers that were with the troops where he served, are the names of Col. Hawkes May - Major John Smith, Major John L. Smith, Major Genl Lee, Major John L. Smith, Major John L. Smith, Major John L. Smith and others that he cannot now recollect -
Subscribed and sworn to the day and year above written in open court [Erasures made before sworn to] - David Pyle Clerk
James Vanderbilt
State of New York Rocklands County } ss.
On this twenty Seventh day of November in the year one thousand Eight hundred and thirty two, personally appeared in open court, before the Judges of the Court of Common Pleas, now sitting at the town of Clarkstown, in and for the County of Rockland, Abraham P. Blaauwett a resident of the town of Clarkstown in said County aged seventy nine years, who being first duly sworn according to law, doth on his oath depose and say, that he was well acquainted with James Vanderbilt, who has signed and sworn to the Declaration hereunto annexed as above, in the Revolutionary war; that he knows that the said James Vanderbilt did serve as a Soldier in the Revolutionary war off and on, when not engaged on other duty, in a company commanded by Capt Jacob Onderdonk whereof Resolvent Van Houten was first Lieutenant, and of which this deponent was Sergeant, that he has often been on guard

with him, and in scouting parties with him in Rockland county as well as in the County of Bergen in the State of New Jersey - And this deponent has always believed him to have been a good and true Soldier in the Revolution, that he has always maintained an unblemished reputation, and that his oath is entitled to credit. Subscribed and sworn the day 3 & year aforesaid in open court } David Pyle Clerk ✓ Abraham D. Blauvelt 
State of New York } Rockland County } ss.
On this twenty Seventh day of November in the year of our Lord one thousand Eight hundred and thirty two, person- -ally appeared in open court, before the Judges of the Court of Common Pleas now sitting, at the town of Clarkstown in and for the county of Rockland Resolvent Van Noorden, a resident of the Town of Clarkstown in said county and state aforesaid, aged eighty eight years, who being first duly sworn according to law, doth on his oath depose and say; that he was well acquainted during the Revolution, and still is, with James Van- derbilt, who has subscribed and sworn to the foregoing declaration, knows that he the said James Vanderbilt, enlisted during said war in a company of Militia, whereof Jacob Beronde was captain, and John B. Cae and Isaac Cae were Lieutenants, and that said company were stationed for five months on the west side of the Hudson River, as the said James Vanderbilt hath declared. This deponent further saith that he knows also that the said James Vanderbilt also served in the company of Capt Jacob Onderdonk, whereof this deponent was first Lieutenant, at different times during the Revolutionary war, and knows him to have been a good and true soldier ever ready to do his duty, and this depo- nent believes the foregoing declaration to be substantially correct, and that the said James Vanderbilt has always maintained a good character and his oath is entitled to credit.
Subscribed and sworn the day and year } aforesaid in open court } David Pyle Clerk
✓ Resolvent Van Noorden

State of New York } Rockland County } fs
On this twenty Seventh day of November in the year one thousand eight hundred and thirty two, personally appeared in open court, before the Judges of the Court of Common Pleas, now sitting at the Town of Clarkstown in and for the said County of Rockland Garret O'Brien a resident of the Town of Clarkstown in said County and State aforesaid, aged Seventy two years —, who being duly sworn according to law doth depose and say, that he was well acquainted with James Vanderbilt the person who hath sworn to the foregoing declaration, in the revolutionary war, and still is well acquainted with him, that he knows that said James Vanderbilt, was a soldier in the Revolution, that he served five months in the company commanded by Jacob Seronder, as stated in his declaration, and this deponent was stationed with him at the same time on the east side of the Hudson River at a place called the Red Hook, near Peekskill in Westchester County. This deponent further saith that he also knows that the said James Vanderbilt was enlisted in a company commanded by Capt Robert Johnson, Isaac Coe Lieutenant, that he served in said company according to the best knowledge of this deponent for three months, knows him to have been a good and true soldier during the said war. And this deponent further saith that he believes the foregoing declaration to be correct in matter of substance and that the said James Vanderbilt, has always demeaned himself honestly ever since his acquaintance with him, and that his oath is entitled to credit.
Sworn and Subscribed the day of and year aforesaid in open court } David Pyle Clerk
Garret O'Brien

State of New York Rockland County } ss.
On this twenty Seventh - day of November in the year one thousand eight hundred and thirty two, person- ally appeared in open court before the Judges of the Court of Common Pleas, now sitting at the Town of Clarkstown in and for the County of Rockland, Abraham V. Van Houten aged Seventy two a resident of the town of Clarkstown in said County, who being duly sworn according to law doth upon his oath depose and say, that he was well acquainted with James Vanderbette the person who has subscribed and sworn to the declaration above, and hereunto annexed, in the Revolutionary war, and still is acquainted with him. That he knows that the said James Vanderbette was a Soldier in the Revolutionary war. Recollects of his enlisting in the company of Capt Jacob Beronde, but cannot say how long he served in said company: That he also knows that he served, also in the company of Capt John Garner in said war, and that the said Vanderbette was a good and true Soldier that this deponent has often been on guard and out in scouting parties with the said James Vanderbette at various times and places during the revolutionary war. And this deponent further saith that he believes the foregoing declaration to be correct in matter of substance and that the said James Vanderbette, has always demeaned himself honestly ever since his acquaintance with him, and that his oath is entitled to credit.
Sworn and Subscribed the Day 27 and year aforesaid in open court
Abraham Van Houten
Daniel Pyle Clerk
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 applicant was a Revolutionary Soldier, and served as he states - and the Court further certifies, that it appears to them that

Abraham P. Blauvelt, Resolved Van Houten, Garret O'Brien and Abraham Van Houten, the persons who have signed and sworn to the above affidavits, hereto annexed, are all of them residents of the Town of Clarkstown in Rockland County, and that they are credible persons, and their statement is entitled to credit.
Edward Suydam Chas. P. Blauvelt. Daniel Johnson Peter M. Smith
Judges of the court of Com. Pleas
I, David Pyle Clerk of the court of Common Pleas, Do hereby certify, that the foregoing contains the original proceedings of the said court, in the matter of the application of James Vanderbilt for a suspension.
In testimony whereof, I have hereunto set my hand and seal of office, this twenty seventh day of November, 1832.
David Pyle

Declaration
of James Vanderbilt
W. L. Frampton
19905
C. 14 1832

State of New York Rockland County } ss
Amended Declaration
Personally appeared before me the undersigned a Justice of the peace in Clarkstown, Rockland County James Vanderbilt, the person named in the declaration herunto annexed, who being duly sworn according to law, doth on his oath make the following amendments to his original Declaration, and doth depose and say, 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: -
5 - P
For the term of five months as a private in a company commanded by Captain Jacob Deconde, Lieutenants John D. Cox & Isaac Cox. The Regiment was commanded by Colonel Nichols, George Clinton commander in chief.
3 - S
For the term of three months, as a Sergeant, in a company commanded by Capt Robert Johnson, Gilbert Cooper Colonel. I had no written appointment or commission as such sergeant, but was authorized by the company & officers to act as such.
3 - dr
For the term of three months, as a Sergeant in a company commanded by Capt John Garne, Resolute Van Buren was Lieutenant, Gilbert Cooper Colonel. I had no written commission as Sergeant in this company, but was authorized by the company and officers to act as such.
For the term of one month in the Division of General Hain, as a private, at Stony Point, above Havre de Grace in Rockland County. The last whom I served under I cannot bring to my recollection.
12 -
For one year, as a Corporal, in a company commanded by Captain Jacob Deconde, Gilbert Cooper Colonel. I had no written commission in this company as corporal but was authorized by the company and officers to act as such. For which above named services I claim a pension.
Sworn Before me this ninth day of July 1853 -
John T. Blanch - Justice of the peace
James Vanderbilt

We Alexander H. Warner a clergyman, residing in the Town of Clarkstown in the County of Rockland, and Jacob D. Clark - residing in the Town & County aforesaid, hereby certify, that we are well acquainted with James Van Selt, who has subscribed and sworn to the above annexed declaration; that we believe him to be twenty five 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 ninth day of July 1833 Before me John T. Blanch Justice of the peace
Alexander H. Warner,
Jacob D. Clark
And I the said John T. Blanch a Justice of the Peace do certify, that it appears to me, that Alexander H. Warner who has signed the preceding certificate is a clergyman, resident in the Town of Clarkstown - in the County of Rockland, and that Jacob D. Clark - who has signed the same is a resident in the Town and County aforesaid, and is a credible person, and that their statement is entitled to credit, they being both to me personally known -
John T. Blanch Justice of the peace
I. David Pye, Clerk of the County of Rockland, do hereby certify, That John T. Blanch Esq. whose name is subscribed to the preceding affidavit, was on the day of the date thereof Justice of the peace, in and for the county aforesaid, duly qualified by law to take the same. And that I am well acquainted with his hand writing and verily believe his signature, is genuine -
In testimony whereof, I have hereunto set my hand and seal of office this ninth day of July, 1833.
David Pye

State of New York Rockland County ss.
On this Ninth day of November in the year of our Lord one thousand Eight hundred and thirty three. Personally appeared before me the subscriber, a justice of the peace, in the Town of Clarkstown in and for the County of Rockland, and State aforesaid, James Vanderbilt being a person well known in said  county , now aged seventy six years - He the said James Vanderbilt being a person well known in said County, and to the subscriber, as a man of truth and veracity, and good standing, who being duly sworn saith, that he is the same James Vanderbilt, who on the twenty seventh day of November 1832, made a declaration before the Court of Common Pleas, in and for Rockland County, and that he is the same James Vanderbilt, who also on the ninth day of July 1833, made an amended declaration before John T. Blanch Esquire a justice of the peace, in the town of Clarkstown in the County of Rockland, and State aforesaid, whose original and amended declarations, have been returned by the war department, as defective in their specifications, as to the twelve months service, as a corporal lastly set forth therein, and the said James Vanderbilt thereby required, to specify the terms - names of officers - and other particulars, respecting the said last mentioned twelve months service, such as the duration of each term of engagement &c. To which the said James Vanderbilt saith, that although he well remembers the officers under whom he served, and most of the places to which he was marched, and at which he was station- ed, during his services, as estimated at twelve months in which he served as corporal, under Capt Jacob Underdonk

Yet he the said James Vanderbilt, since the said return of his said declarations, has endeavoured to refresh his memory, as to the duration of each term of his engagements - the year and month in which he entered upon each engagement, &c, in order that he might be able to state the same, to the war department, as particularly as he now learns it to be necessary to do, as to his twelve months, or one years service set forth; but he the said James Vanderbilt saith, that inasmuch as those services were rendered, for some short periods of a few days, or for two, three, or four weeks at a time, for several years together, as occasion required, and performed between his regular services, as he has specified in his declarations, as well as from the great laps of time, and loss of memory, consequent upon old age, that he finds himself so lost, that he dare not swear to any part of the twelve month service , as corporal as done, in any particular week, month, or year, or the precise duration of each term of service. That therefore he the said James Vanderbilt, is under the necessity of relinquishing all claim, to any remuneration for the said twelve month service which he is unable to specify and claims only for the twelve months which he has particularly specified , and of which his memory is perfect. He the said James Vanderbilt being in actual service in the field for each term alleged, at any time and not, during that period employed in any civil pursuit, and for which he claims a pension under the law of June 7 th 1832.
Subscribed and Sworn Before me this Ninth day of November 1833
James Vanderbilt
John T. Blane Justice of the peace

State of New York Rockland County § I, David Pye, Clerk of the said county.
Do hereby certify. That John T. Blanch, before whom the foregoing affidavit was sworn, and whose name is subscribed to the foregoing certificate is a Justice of the peace in and for said county. — and that his name subscribed thereto is his genuine signature.
Witness my hand and seal of Office. This Ninth day of November 1833
David Pye

No 19905. James Vanderbilt New York
all
Admitted Superior 6mo Private - 6mo 12
Wm F Fraser Clarkstown Rockland Co New York

WAR DEPARTMENT,
Pension Office,
22 Oct 1833.
Sir:
The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in a tabular form. On comparing these papers with the following rules, and the subjjoined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will shew what is necessary to be done. Those points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus: { ). You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your claim.
A Statement, shewing the Service of James Vanderbilt, Rockland Co NY
   Period when the service was rendered. Duration of the claimant's service Rank of the claimant. Names and Rank of the Company officers under whom he served. Names and Rank of the General and Field officers. Battles in which the applicant was engaged. Country through which he marched. Place of abode when he entered the service, and age at the present period. Evidence by which the declaration is supported.   Yrs. Months. Days.     1775-6 Enlisted 5 Priv Capt Second Cols Nichols None N.Y. Age 75 Orange Living Witnesses   1777. 3 Serg Johnson Cooper N.Y. Coats   1778 Underdunk N.Y. N.Y.   Enlisted 1778 Discharged 1779 Garner Cooper   1779 Underdunk Genl Main   Served at least two years.  
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 (i) points out. 
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz:
(k) We, A. B., a Clergyman, residing in the _____ and C. D. residing in (the same) _____ hereby certify, that we are well acquainted with _____, who has subscribed and sworn to the above declaration; that we believe him to be _____ years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.
Sworn and subscribed the day and year aforesaid.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that A. H.
who has signed the preceding certificate is a clergyman, resident in the and that C. D., who has also signed the same is a resident in the and is a credible person, and that their statement is entitled to credit.
I, _____ Clerk of the Court of _____ do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of _____ for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this                      day of                      &c.
Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction.
If such surviving witness cannot be found, the applicant will so state in his declaration (1) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his alleged service, as they are known at the Department. A very full account of the services of each person

will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County, in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.
The Court will propound the following (m) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.
 1. Where and in what year were you born?  2. Have you any record of your age, and if so, where is it?  3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?  4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom?  5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services.  6. { To a Soldier. } Did you ever receive a discharge from the service, and if so, by whom was it given and what has become of it? { To an Officer. } Did you ever receive a commission, and if so, by whom was it signed, and what has become of it? 
7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution.
The Court will see that he answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant.
The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons -one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion. If one of these persons is a Clergyman, the Court will so certify, and they will also certify, to the character and standing of other persons, giving such certificates.
The traditional evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party. And the Courts are requested to be very particular in the enquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
Applicants unable to appear in Court by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court.
Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature.
No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.
[a] The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance.
[b] The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not conforming to the rule.
[c] The age of the claimant must invariably be mentioned.
[d] The declarant must mention the period or periods of the war when he served.
[e] Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had. Every claimant must state, with precision, the length of his service, and the different grades in which he served, in language so definite as to enable the Department to determine to what amount of pension he is entitled. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service; but, according to the best of his recollection, he served not less than the periods mentioned below, and in the following grades:—For _____ year _____ months, and _____ days, I served as a _____. For _____ months and _____ days, I served as a _____; and for such service I claim a pension."
It is important, in all cases, to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months, is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state that they served two years in the militia, &c without specifying the tours, the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must, in every case, be clearly shown under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
[f] The law makes the relinquishment indispensable.
[g] The opinion of the Court is always required.
[h] The Clerk must give his certificate in every case.
[i] The Clerk must affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he has no public seal of office, the certificate of a Member of Congress, proving the official character and signature of the certifying officer, should accompany the papers.
Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other papers authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
Proof of Service.
[j] In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses who are required to set forth in their affidavits the time of the claimant's entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
[k] The notes from [a] to [i] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in note [j] applies to continental troops only.
[l] This traditional evidence is indispensable in militia cases.
[m] If a witness cannot be found, the declarant must state the fact.
[n] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.
Dyer Custis Exam Clerk

16278 INVALID.
File No. 16278
James Vanderbilt
Sergt Rev War
Act: June 7 th 82
Index:—Vol. 1 , Page 448
[Arrangement of 1870.]

Geo. W. Crump Esquire Acting Comm r of Pensions Washington -
Care of the Hon. Isaac B. Van Hook

Clarkstown Rockland County Ny March 27. 1854
Geo. W. Crump Esquire Acting Commr. of Pensions Dear Sir,
The Hon. Isaac B. Van Hook who at My request, called upon you to learn what had become of the papers of James Vanderbelt, informs me that the claim of Mr. Vanderbelt was allowed and a pension Ticket sent me as early as the 20 th of February last. I have therefore to inform you that the Ticket has not come to my hands, and I have every reason to believe after the lapse of time, it never will. It perhaps has been lost with the Baltimore Mail on board the St. Boat Wm Penn or miscarried where it will never come to hand -
I am therefore requested by Mr. Vanderbelt, to write to you for another to be sent to me, with directions what to do with the one sent before (if it should ever come to hand). I presume you have some regulation upon the subject -
Mr. Vanderbelt is much in want of the money & hope therefore the misfortune will be remedied by the war department as soon at least, as convenient -
Yours Very Respectfully Wm F. Fraser

Yes: Mr. Burns
Acting born one prisoner of Punkins
Washington

Clarkstown Rocklands County N.Y. Nov. 13. 1883
Sir,
The Declaration of James Vanderbilt have been received by me as his attorney, having again been returned by the war department as defective in their specifications, as to the twelve months service as a corporal, in the Company of Capt Jacob Onderdonk , as set forth therein.
Immediately after the receipt of the Declaration I applied to Mr Vanderbilt to specify particularly the duration of each term of engagement, comprising the twelve months service , after endeavouring for some days to do it, he found that it was impossible, to specify as particular as he finds it is necessary for him to do, in compliance with the rules of the war department, as his services in Capt Onderdonk's Company, were performed in the course of several years, as occasion required in times of particular alarm, and often in terms of a week, and of two weeks, but most generally of but days at a time, during the spring summer & fall of each year when he was not engaged by the month in Regular service - so that to say that he commenced in any particular month in such & such a year, and served so many days, & then returned home, and then again served so many days &c &c is impossible for any man unless he could have foreseen future events, and had kept a minute of every service. Mr Vanderbilt therefore has concluded that if the setting forth the twelve months service as a corporal in Capt Onderdonk's Company , in any way prevented the allowance of his other twelve months service particularly specified, that he would rather relinquish his claim thereto & claim only for the twelve months specified . although he is still certain that his estimate of his time in Capt Onderdonk

Company, at twelve months, or one year, is not all the time he served, when all put together in weeks & days -
By his direction therefore I have drawn a relinquishment, of his twelve months service as corporal under Capt Underdonk, and he has sworn to the same. I have taken the same to the clerks office of our County, & the clerk has attached the same to his declarations, and I herewith transmit the same to the War Department, hoping that all difficulties are now removed, and that I shall soon receive a Pension Ticket for the time, which Mr Vanderhett has positively set forth in his Declarations -
I am respectfully
Your obedient servant -
H. S. Fraser
Geo. W. Crump Acting Commr of Pensions