Revolutionary War Pension and Bounty Land Warrant Application File W. 1679, Benjamin Westervelt, New York

SERVICE
NUMBER
New York
Westervelt, Benjamin Jane
W. 1679
CONTENTS

3639
New York
Benjamin Westervelt
of New York in the State of New York who was a Private in the Company commanded by Captain Westervelt of the Regt. commanded by Col. Westervelt in the New York line for 13 Months
Inscribed on the Roll of New York at the rate of 50 Dollars per per annum to commence on the 14th day of March, 1831.
Certificate of Pension issued the 21 st day of Dec. 1832 and sent to R. J. Miller Broad St
  Arrears to 14th of Sep 1832  $ 75    Pension allowance ending 14 th Mch 33  25         $ 100  
{ Revolutionary Claim, Act June 7, 1832.
Ino C. Cromwell
Recorded by XXXX Clerk Book D Vol. 5 Page 205

85.
New York City
Jane Westervelt, widow of Benjamin
Westervelt who served in the Revolutionary
war, as a Private,
N.Y. Line
Inscribed on the Roll at the rate of 50 Dollars
Cents per annum, to commence on the 4th day of March, 1848.
Certificate of Pension issued the 2 nd day of March 1849 and sent to
M rs B. Smith No. 16 Wall St. New York
Recorded on Roll of Pensioners under act February 2, 1848, Page 533, Vol. 1
29 July
Book D.

1882 April 4. Geo R C Drury for Mrs J. Stanton, the co vrgt of pension - & widow surviving also birth place & year
1886 Nov 19 Mrs John Stanton - alluded to the above letter & if the information did not reach her or if further particulars are desired, to state the object of the object of the enquiry & use to be made of the information
1886 Nov 29 Mrs John Stanton } Prior with history }

10715.
In the matter of the Application of Benjamin Lockhart , for a Pension; under the Pension Act of 1832.
Declaration,
Amended - Resworn. Authenticated.
R. L. Dillon Agent 4 Broad St. N.Y.
Admitted.
15 mo. priv:
$50.

State of New York. City and County of New York } p:
On this fifteenth day of September personally appeared in open court, before the Justices of the Marine Court of the City of New York, now sitting, Benjamin Roesterveld, a resident of the City in the County and State of New York aged seventy eighty eight years, who being first duly sworn, according to law, deposits, on his oath, make the following declaration in order to obtain the benefit of the Act of Congress passed June 7. 1832.
That he was born at Poughkeepsie, Dutchess County, State of New York, in the year 1754; that he has no record of his age: that when called into service, he was living with his father at Poughkeepsie: that he came to the City of New York, the next year after the peace, has lived there ever since and continues to reside therein:
That in August 1776, he entered the service of the United States: That in the town of Pough- keepsie, six men constituted a class, and were compelled to furnish one man for the army: That the men of his class offered him twenty dollars, as a bounty, but that there was no drafting: went into the Company of Captain Bernadus Swartwout, and the regiment of Colonel Jacobus Swartwout: That their duty was to guard the shores of the Hudson River from Poughkeepsie, near down to the City of New York: That they built barracks on Corlandt Hill, just above Kingsbridge: That they were at Kingsbridge, when their Captain received orders to go to the assistance of Gen- eral Washington: That they immediately came to New York and went over to Brooklyn, where the entrench- ments and fort were already erected: That, taking fort

session of them, they remained there three days and three nights, when they received orders to retreat; that they marched down to Brooklyn in the night and in the morning went over to New York: that he forgets the names of all the continental officers, with the exception of one Major Logan, who appeared to have the charge of his Company: In the next afternoon after their arrival at New York, his single company marched to Kingsbridge where they found those whom they had left there to take care of the sick: that they remained at Kingsbridge a short time when they marched to Fort Constitution, about four miles above Peekskill , where they laid up for winter quarters: that there his time expired, when he went home to Poughkeepsie: that he entered for a service of five months, that his time expired in January 1777: That he recollects to have seen General Putnam, near Poughkeepsie, with many troops, in the woods on the river.
That his brother Cornelius Westervelt, was drafted for a service of four months, about one year afterwards as he thinks and believes: that Cornelius entered the Company of one Captain Behrman, and went to Peekskill and Kingsbridge: that he Cornelius finding the service to be too oppressive, came home, and that he Benjamin went and was received in his place to the end of the time in the same Company and under the same Captain  Behrman : that their duty was to guard the shores of the Hudson river from Peekskill as far down as Spytten Devil's Creek: that their barracks were at Peekskill: that their service was all in the summer months: that he saw no standing forces in this service.
That Cornelius Westervelt, his brother and Abraham Seggett and William Dodge can testify to his services: but that he has no documentary evidence and

never received written discharges: That his officers are all dead: That Reverend John Demarest and Garnet Van Landt can testify to his character for veracity and their belief of his services as a soldier of the revolution.
We 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 or
Sworn and subscribed the day and year aforesaid in Open Court John Barbeu Clerk Benjamin Westcott
And the said Court do hereby declare their opinion We, John Demarest a clergyman, and Garnet Van Landt both residing in the City of New York, hereby certify that we are well acquainted with Benjamin Westcott, who has subscribed and sworn to the above declaration: That we believe him to be seventy eight years of age: That he is reputed and believed in the 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. in open Court, John Demarest
John Barbeu Clerk Garnet Van Landt
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 Demarest — who has signed the preceding certificate, is a clergyman, resident in the City of New York and that Garnet Van Landt — who has also signed the same, is a

resident in the same city and is a credible person and that their statement is entitled to credit.
I, John Barberie, Clerk of the Marine Court of the City of New York, do hereby certify that in that the foregoing contains the original proceedings of the said Court in the matter of the application of Benjamin Coestervert for a pension.
In testimony whereof I have hereunto set my hand and seal of office, this fifteenth day of September 1832.
John Barberie
Marine Court, December 10 1832.
The preceding declaration is resealed and authenticated, in open Court, by the order thereof, in conformity to the 18 th Rule of Objection, as required by the Pension Office, Depart- ment of War - the said Benjamin Coestervert being resworn as to the contents thereof.
John Barberie - Clerk

City and County of New York J. Abraham Seggett of the City of New York, being duly sworn deposes and says, that he has positive knowledge of the services in arms of Benjamin Westervelt: that he was in the same Company with the said Benjamin under Captain Bernardus Swartwout: that the said Benjamin entered the service in the latter end of July 1776 and retired in the beginning of January 1777: that he went over with his company to Brooklyn, the day after the defeat of the Americans when Gen. Sullivan and Lord Stirling were taken prisoners, that they remained at the entrenchments three days and three nights, and were about the last of the troops that crossed over to New York: that under Captain Swartwout, they marched to Kingston, where they received orders to go to White Plains: that after that he does not recollect the said Benjamin: but that he has no doubt that the said Ben- jamin was at White Plains with his Company: and further this deponent says not.
Abraham Seggett
Subscribed by the said Abraham Seggett and sworn to this 13 th day of Sept: 1832. in open Court
John Barberie Clerk
I, John Barberie, Clerk of the Chambers Court, of the City of New York, do hereby certify that before whom the above affidavit was sworn, is a Justice of the Peace and a Justice of the said Court and that the signature attached hereto, is his genuine signature.
In witness whereof I have hereunto set my hand and seal of office this _____ day of 1832.

City and County of New York Jr: William Dodge, of the City of New York, being duly sworn, deposes and says that he has further knowledge of the service in arms of Benjamin Westervelt, for the period of five months: that he was in the same Company with the said Benjamin, under Captain Bernardus Swartwout, in the regiment of Colonel Jacobs Swartwout: that he marched with the said Benjamin in the said Company to Brooklyn, and remaining at the entrenchments about three days and three nights returned to New York and marched from thence to Kingsbridge: that his company disbanded in January 1777, when he went into the Continental Army, and further deponent says not.
Wm Dodge
Subscribed and sworn to this first day of September 1832
O. M. Sowerby
Justice of the Peace
City and County of New York Jr: Cornelius Westervelt, of the City of New York, being duly sworn deposes and says that he is the younger brother of Benjamin Westervelt, that he has full recollection of his brother Benjamin remaining in the service, under Captain Swartwout, a period of five months, in the latter part of the year 1776 - And further that a short time afterwards, he entered the service for a period of four months, under Captain Heermans, at Pongkeepsie, but that person finding his health would not allow him to continue in the service, he returned home at Pongkeepsie, and that the said Benjamin went and was received by the said Captain at P'keepsie in his place, and that the said Benjamin served the time out - And further deponent says not - Sworn to and subscribed this fifteenth day of September 1832 in open Court.
John Barberie
Commissary Clerk
Clerk
I John Barberie, Clerk of the Marine Court of the City of New York, do hereby certify that Oliver M. Sowerby before whom the above affidavits, to wit, the affidavits of William Dodge and Cornelius Westervelt, were sworn to a

Justice of the Peace and one of the Justices of the said Court And that the signature attached thereto is his genuine signature -
In witness whereof I have hereunto set my hand and seal of office this fifteenth day of September 1832.
John Barberie
Clerk
Know all men by these presents, That I, Benjamin Westervelt, of the City of New York, have made and appointed, and by these presents do make and appoint Robert J. Dillon of the same City, my true and lawful Attorney, for me and in my name, and to my use to act and receive from the Secretary at War or such other Officer as is appointed for that purpose, such sums or sums of money as may be due and owing unto me, for my pension, at the day of the date of the first payment to be made under the Pension Act passed June 7 th 1832.
Sealed and delivered
in the presence of
Benjamin Westervelt
John Barberie
City of New York } Personally came before me, Robert Swanton one of the Justices of the Marine Court and a Justice of the Peace, in open Court, Benjamin West- ervelt, an applicant for a pension above named and ac- knowledged the above Letter of Attorney to be his act and volun- tary act and deed - In testimony whereof I have hereunto set my hand and seal this fifteenth day of September 1832.
Robert Swanton
I, John Barberie, Clerk of the Marine Court of the City of New York, do hereby certify that Robert Swanton before whom the above acknowledgment was made is one of the Justices of the said Court and a Justice of the Peace and that the signature attached thereto is his genuine signature In witness whereof I have hereunto set my hand and seal of office this 15 th September 1832.
John Barberie
Cert

In the matter of the application of Benjamin Overstreet, for a Pension, under the Pension Act of 1832.
Affidavits, Supplemental & amended.
R. H. Miller Agent 4 Broad St. N. Y.

In the matter of the application of } Benjamin Westervelt, for a Pension. }
City and County of New York:
Benjamin Westervelt, an applicant for a Pension, being duly sworn, deposes and says, 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 nine months as a private. And for such service he claims a pension, And further deponent says not.
Sworn and subscribed before me, this 10 th day of December 1832. And I do hereby certify that the said deponent, Benjamin Westervelt, is a person of credibility.
Benjamin Westervelt
John Norton one of The Justices of the Marine Court of the City of New York
City and County of New York:
Abraham Leggett, of the City of New York, being duly sworn, deposes and says, that he has positive knowledge of the services in arms of Benjamin Westervelt: that he was in the same Company with the said Benjamin under Captain Bernardus Swart. that the said Benjamin entered the service in the latter end of July 1776 and retired in the beginning of January 1777: that he went over with his Company to Brooklyn, the day after the defeat of the Americans, when Gen. Sullivan and Lord Stirling were taken prisoners: that they remained at the entrenchments three days and three nights and were about the last of the Troops, that crossed over to New York: that, under Captain Swartwart, they marched to Kings Bridge, where they received orders to go to White Plains; that after that, he does not recollect the said Benjamin but that he has no doubt the said Benjamin was at White Plains, with his Company. And further this deponent says not.
Sworn this 12 th day of December 1832. And I do hereby certify that this deponent, Abraham Leggett, is a person of credibility.
Abraham Leggett
John Norton Justice of the Peace

City and County of New York ss. William Dodge, of the City of New York, being duly sworn, deposes and says, that he has positive knowledge of the services in arms of Benjamin Westervelt, for the period of five months; that he was in the same Company with the said Benjamin under Captain Bernardus Swartwout, in the regiment of Colonel Jacobus Swartwout, that he marched with the said Benjamin in the said Company to Brooklyn; and remaining at the intrenchments about three days and three nights, returned to New York and marched from thence to Kingsbridge; that his Company disbanded in January 1777, when he went into the Continental Army, and further deponent says not.
Sworn and subscribed before me this 11 th day of December 1832. I do hereby certify that the said deponent William Dodge is a person of credibility.
Wm Dodge
O M Lownds
City and County of New York ss. Cornelius Westervelt, of the City of New York, being duly sworn, deposes and says, that he is the younger brother of Benjamin Westervelt, that he has full recollection of his brother Benjamin remaining in the service, under Captain Swartwout a period of five months, in the latter part of the year 1776; and further that a short time afterwards, he entered the service for a period of four months under Captain Ackerman, at Poughkeepsie, but that very soon, finding his health would not allow him to continue in the service, he returned home at Poughkeepsie, and that the said Benjamin went and was received by the said Captain at Patti's Hill in his place and served that the said Benjamin served thereout and further deponent says not.
Sworn and subscribed before me this 13 th day of December 1832. I do hereby certify that the said deponent, Cornelius Westervelt, is a person of credibility.
Cornelius Westervelt
O M Lownds Justice of the Peace

I John Barberie, Clerk of the Marine Court of the City of New York do hereby certify that, Robert Swanton, before whom the preceding affidavit of Benjamin Coestervelt was taken, and Oliver M. Vounds, before whom the preceding affidavits of Abraham Seggett and William Dodge and Cornelius Coestervelt were taken, are Justices of the Peace in and for the City and County of New York, and that the signatures attached thereto are their genuine signatures.
In witness whereof, I have hereunto set my hand and seal of office this thirteenth day of December one thousand eight hundred and thirty two.
John Barberie
Justice of the Peace

This certifies that in the Record of marriages of the First Presbyterian Church in the city of New York & which record is now in my possession - under date of May twelfth - Seventeen Hundred & ninety five - & on page 59 - is the following entry viz - "were married Benjamin Weston "well & Jane Shoul,"
The above is the form in which all the marriages in said record are entered -
a true extract -
W. W. Phillips - Pastor of the First Presbyterian Church in the city of New York -
Given at New York this 28 th day of October 1848 -
I attest the church of the Rev Dr Phillips and certify that in my opinion the foregoing is a genuine certificate Charles M c Lean

No 121.
Sarah Westervelt, widow of Benjamin M c
Act 29 July 1848
Married 1795 Husband died 1837
Adm o 15 months
$50. per annum
by 4 o'clock 1848

State of New York. ss.
On this 2 d day of November in the year one thousand eight hundred and forty eight personally appeared before me A Vanderpool one of the Judges of the Superior Court of the city & County of New York Jane Westervelt a resident of the said city of New York aged Eighty one years. who being duly sworn according to law, doth on her oath make the following declaration in order to obtain the benefit of the provisions given by the act of Congress passed July 29 th 1848. that she is the widow of Benjamin Westervelt who was a Private in the Revolutionary Army - that he was drafted and resided in the city of New York at the time he entered the service And she further declares that the said Benjamin Westervelt was a pensioner and obtained his pension Warrant upon the affidavits of those who were with him during the war - which affidavits are as she believes on file in the office of the Commissioner of Pensions to which she begs leave to refer as she has no documentary evidence to prove in what troops or company regiment or corps he served. the names of his officers the battles in which he was engaged. the country through which he passed nor any other documentary evidence to support her claim. And she further declares that the Pension Warrant obtained as of one and by the said Benjamin Westervelt was dated on the twenty first day of December. one thousand eight hundred and thirty two and was recorded by J n Cromwell Clerk. in Book. D Vol 5 page 265: and that the said Benjamin drew by virtue of said Warrant the sum of fifty dollars annually from the fourth day of March A. D. 1836. until his death -

She further declares that she was married to the said Benjamin Westervelt on the twelfth day of May in the Year one thousand eight hundred and ninety five and that her husband the said Benjamin Westervelt died on or about the ninth day of March in the Year one thousand eight hundred and thirty seven that she was not married to him prior to his leaving the service but the marriage took place previous to the second day of January eighteen hundred and sixty at the time above stated. She further swears that she is now a widow and that she has never before made any application for a pension.
And the declarant prays that the payments of the pension warrant be granted to her and be made in the city of New York when she resides.
Sworn to and subscribed on the nineteenth day of December above written before me A. Vanderpool Justice of the Superior Court of the City of New York
I hereby certify that the applicant Mrs. Fanny Westervelt by reason of her advanced age and bodily infirmity is unable to attend the Court to make her application in open Court, 2 November 1868
A. Vanderpool Justice of the Superior Court of the City of New York

STATE OF NEW-YORK, CITY AND COUNTY OF NEW-YORK, } ss.
I, James Conner. CLERK of the City and County of New-York, and also Clerk of the Court of Common Pleas for the said City and County, being a Court of record, DO HEREBY CERTIFY, That Aaron Vanderpool Esq. before whom the annexed deposition was taken, was at the time of taking the same, a Judge of the Superior Court for said City and County, duly appointed and sworn, and that his signature thereto is genuine, as I verily believe.
IN TESTIMONY WHEREOF, I have hereunto set my hand, and affixed the Seal of the said Court and County, the 2 day of Nov 184 8
James Conner Clerk
Waterloo

DEPARTMENT OF THE INTERIOR,
No. 1679
BUREAU OF PENSIONS.
Washington, D. C., _____, 19_____
In reply to your request of _____, received _____ for a statement of the military history of Benjamin Westwell a soldier of the REVOLUTIONARY WAR, you will find below the desired information as contained in his (or his widow's) application for pension on file in this Bureau.
   DATES OF ENLISTMENT OR APPOINTMENT. LENGTH OF SERVICE. RANK. OFFICERS UNDER WHOM SERVICE WAS RENDERED. STATE.   CAPTAIN. COLONEL.     Aug. 1776 1 mos. Pvt. Bernardus Smartwood Jacobus Smartwood N.Y.   Soon after 4 mos. Hehrman        
Battles engaged in, _____ Residence of soldier at enlistment, Poughkeepsie N.Y. Date of application for pension, Sept. 15-1832. His ch. was al. Residence at date of application, New York N.Y. Age at date of application, at Poughkeepsie N.Y. 1754.
Remarks: d. Mch. 9, 1837.  He married May 12, 1795 - Jane Short. She was allowed pension on an application executed Nov. 2, 1848, while a resident of New York City, aged 81 years.
Very respectfully,
Commissioner.
Younger Brother Cornelius

Recd
WIDOW, &c.
1912 July 9 Hist. To Edward H. Elsworth V.L.M.
File No. 1679
Jane Westervelt Widow Benjamin Westervelt Prin. Rev. War
Act: July 29, 1848
Index: Vol. M , Page 318
[Arrangement of 1870.]

   Adj't General's Office (E. B. Rec'd)  1886     NOV 8   
419 W. 23 d St., New York City. Nov. 1886.
Mrs. John Stanton.
For Company and regiment of her Great Grandfather Benjamin Westervelt, Capt. B. Swankouts Co. of Col Swankouts reg't, Revolution- ary war. Also date of his enlistment and age at that time, and any particulars regarding him.
War Department,
ADJUTANT GENERAL'S OFFICE,
Washington, Nov. 10 th , 1886.
Respectfully returned to
Mrs. John Stanton, 419. W. 23 rd St., New York City.
Such of the records of the Revolutionary War as are in the possession of the government, are on file in the office of the Commissioner of Pensions.
[Signature] Adj't General.

To Adjt Genl U S.
Dear Sir
If you possibly can, will you please give me the following particulars: My great grandfather, Benjamin Destervelt was a private in the Revolutionary Army - "in the company of Capt Bernardus Smartout - attached to the Regiment of Colonel Jacobus Smartout." I want - specially to know what the name or number of the Regiment was - when he enlisted, and if possible his age at time of enlistment. Any particulars in regard to him will be acceptable. By attending to this you will greatly

oblige, and I will be ex- ceedingly thankful as I need the data for a special and important purpose - I think the regiment belongs to this City but am not sure -
Yours very Respectfully Mrs John Stanton
419 N. 23 rd St. St. J. City -

In answer to your request of 15 th inst for the date & place where your great grandfather, Benj. Westervelt enlisted into the Regt  was the name or number of the regt in which he served, together with age at the time he enlisted any other particulars in regard to him, I have to state that most, if not, all the the information above described was furnished for you in April 1882 thru the office of the U.S. Adj t Genl If the above information has not been rec d by you or fuller particulars are desired or desired , be pleased to communicate to this office the object of your enquiry & what use is intended to be made of the information.
Yours Yrs John Stanton 419 W. 23 St NY City.

own

N. Y. City. Nov 15 th 1886.
To the Hon Commissioner of Pensions Dear Sir
Enclosed you will find a note of inquiry sent to the Adjt Genl - with reply - in which I am referred to you for the desired information. I beg that you will have the files examined and answer the questions in my appended note, as soon as possible as it is quite important that I should know these details. Any kindness on your part in regard to satisfactory replies to said questions will be most thankfully received by
Yours Respectfully Mrs John Stanlin
419 W. 23 rd St

1679 Jane
Nov 23 d 1886.
Dear Sir
The information spoken of by you - reached me safely thanks to your department - but told me only that my great grandfather, Brnf Westcott belonged to the Company of Capt Smartt, attached to the regiment of Colonel Smartt, not mentioning the number of the regiment, or where he enlisted. I have two sons, one 28 years of age - and the other 21 - I am very patriotic, and always try to instil the same principles in my boys. Both of them joined the 17 th Regiment of our City - on their 18 th birthday. The eldest has just resigned after 10 years service. Two years ago - a society was formed in our City called "The Sons

of the Revolution. Immediately my eldest son joined - on the previous information for sent one - and now being 21 years of age - my youngest is about joining. Naturally, they are very anxious to gain any in- formation in regard to their ancestor - and the measure one I received in '82 is all I know. They have asked me many questions about him, and so I beg that any and all particulars that you may be able to gather by your records, you may send me. This is my sole and only reason for asking the favor of you. I was in Washington with both my boys at the time the 7 th Regt came there last Spring - and have al-

was regretted that at that time I did not seek the knowledge I desired. Hoping that you may be able to send me some definite particulars and with kind regards for your welfare I am
Yours Respectfully Mrs. John Stanton.
419 West 23 rd N. Y. City.
To John C. Black Commissioner

EDWARD W. ELSWORTH WATERTOWN, N. Y.
July 2, 1912.
Pension Bureau,
Washington, D. C.
Sirs:
Will you please forward me Certificate of Service of Benjamin Westervelt in the Continental Army during the War of the Revolution?
He was connected with Captain Barnardus Swartwout's Company, 1st regiment Dutchess County, New York militia, from August 1776 to January 1777. He was also connected with the same Company in the 4th regiment Dutchess County militia from January 1777 to June 6, 1778.
Yours very truly,
EWE/B.

My Dudge & Cornelius West the witness supported by Abraham Luzzett of NY City Declaration dated Sept 1832. Born in Poughkeepsie NY (Dutchess Co) in 1754 & when called into the Service was living with his father at that place & he moved to NY City the next year after peace & continued to reside there. He belonged to a class constituted of 6 men which was compelled to furnish one man from their number for the Army & his class offered 20 th bounty that he accepted & enlisted in Aug 1776 for 5 mos under Capt Benardus Swartout in the regt Com d by Colo Jacobus Swartout & was engaged in guarding the shores of the Hudson river from Poughkeepsie near down to NY City building barracks on Courtland Hill just above the day after defeat of the American River Bridge but soon rec d orders to join the Army under Genl M c in Brooklyn where they remained 3 days before rec d orders to retreat to NY City under the Com d of Major Logan & were about the last of the troops to leave this to which Plaut & From there his Co marched immediately to Kingsbridge & then going to Fort Constitution four miles above Palstek where remaining in winter quarters until his term expired in Jan y 1777 His younger brother Cornelius was drafted for 4 mos into the Co of Capt H. Ehrman but finding the Service too oppressive, came home & Benjamin volunteered as his substitute & was employed in guarding the shores of the Hudson river down to Spytel Devil's Creek

On page 59 of The records of the Presbyterian church of NY show his marriage to Jane Short was May 12 17 95 She died about March 9 1837 His widow Jane was residing in New 1848 in NY city aged 81 years

Adjutant General's Office,
Washington, April 1, 1882
Dear General:
Mrs. J. Stanton of New York City has requested me to furnish her with information concerning the regiment in which her Grandfather - Benjamin Westervelt - served during the Revolutionary war.
As the rolls of the regiments of the Continental Army are on file in your Department, I will be obliged for such information in connection with this case as the records of your Office may afford.
Mrs. Stanton states that her grandfather received a pension in 1832 and that the papers

were signed by Hon: Lewis Cass.
It is believed that the papers on which the pension was granted will show in what regiment Benj. Westervelt served during the Re- volutionary war.
I am, General,
Very Respectfully,
Your Obt. Servant,
Lebrun
Adjutant General
General Wm. W. L. Dudley
Commissioner of Pensions
Washington, D.C.

City County of New York. p.
Mary Salisbury of said city-County being duly sworn says that she knows Mrs. Sam. Westervelt and that she is the widow of Benjamin Westervelt deceased late of city of New York. That the said Benjamin and Sam. then Sam. West. were married on or about the 12 th day of May in the year one thou- sand seven hundred and ninety five. That this deponent was present and acted as bridesmaid on that occasion. That the marriage ceremony was performed by the Rev. Mr. Rogers pastor of the first Presbyterian church of the city of New York who is now dead. That all the other witnesses on that occasion are now dead as this deponent believes and further this deponent says not.
Sworn before me this 2 nd day of November 1848.
Marius Schermerhorn Comm. of Oaths
Mary Salisbury

STATE OF NEW-YORK, CITY AND COUNTY OF NEW-YORK, } ss.
I, James Conner , CLERK of the City and County of New-York, also CLERK of the Court of Common Pleas, for said City and County of New-York, being a Court of Record, DO HEREBY CERTIFY, That Mans Schermerhorn before whom the annexed deposition was taken, affirmed was at the time of taking the same, a Justice of the Peace  Commissioner of Deeds , in and for said City and County, duly elected  affirmed and sworn, and that his signature thereto is genuine, as I verily believe.
IN TESTIMONY WHEREOF, I have hereunto set my hand, and affixed the Seal of said Court and County, the 2 nd day of November 184 8
James Conner Clerk.

New York Nov 2 d 1848 To James L. Edwards Esq
Sir
Accompanying are all the proofs I have to obtain a pension for Mrs Sam Westervelt of this city Her husband Mr Benjamin Westervelt was a pensioner and obtained his pension by means of the offer of his friends - he not having any documentary evidence to substan- tiate his claim - Dr Phillips who is well known in this city refused to give any other certificate than the enclosed which he said was the one he usually gave - and to remedy this defect - I have procured the offer of her bedroommaid who is the only living witness of their marriage now living Yours in much haste attention this

is most respectfully requested as the lady is old and infirm and her pension will be very acceptable I assure You I remain Very Most Obl. Servt-
William B Smith No 16. Wall St New York

2 nd Brief
N o 10715
Benjamin Westervelt.
Robt. J. Diller Agent New York 4 Broad Street

No 10715 BRIEF objections to the admission of Pension Claims , of which those answered in the negative, in red ink, will apply to the claim of Benjamin Westworth which require further proof or explanation.
I. Does the declaration show where the applicant resides?
Yes.
II. Did the declarant make the declaration in the county where he resides?
Yes.
III. If the applicant did not make the declaration in the county where he resides, is there any reason assigned for his not doing so?
IV. Has the declarant mentioned the period or periods of the war when he served?
Yes.
V. * Has he mentioned 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?
No.
VI. Has he given the names of the officers under whom he served, in conformity with the regulations?
Yes.
VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832?
Yes.
VIII. Has the Court given their opinion?
Yes.
IX. Has the Clerk given his certificate?
Yes.
X. Is the Clerk's seal affixed? And if so, has it a device or inscription by which it can be distinguished from any other seal?
Yes.

XI. Has the applicant obtained the evidence of a clergyman and another respectable citizen as to their belief respecting his age and the general belief in his neighborhood relative to his revolutionary service?
XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it?
XIII. If the applicant has no documentary evidence, and has not obtained the testimony of at least one living witness, has he stated in his declaration that such proof cannot be had?
XIV. † If the applicant has produced a witness or witnesses as to his service, has the magistrate who administered the oath certified that he, she, or they are persons of credibility? No.
Has the official character and signature of the magistrate been certified by the proper officer under his seal of office?
Yes.
XV. Does it appear from any of the papers that the witness was in such a situation, or of such an age, as to have a personal knowledge of the applicant's service?
Yes.
XVI. ‡ Are the papers authenticated as the regulations direct?
No.
XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered?
Yes.
EXPLANATORY NOTES.
* QUERE V. 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 the 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.
QUERE XIV.  Proof of Service.
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 claimants 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.
QUERE XVI.  Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticated the papers is not written on the same sheet of paper which contains the affidavit, or other paper authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the end 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.