Revolutionary War Pension and Bounty Land Warrant Application File S. 14762, Peter Van Alstine, New York

SERVICE
NUMBER
New York
Van Alstine, Peter
S. 14762
CONTENTS
boarded

Dead
Paid at the Treasury under the Act of the 16 April 1838 from 4 th Sept. 1838 to 26 th Jan y 1839, the day of his death Agt notice 20. April 1840
New York 28. 602
Peter Van Alstine of Montgomery in the State of New York who was a Private in the Company commanded by Captain Evera's of the Reg t 1 st commanded by Col. Coy in the N York Militia line for 2 1/2 months
Inscribed on the Roll of New York at the rate of 80 Dollars — Cents per annum to commence on the 4 th day of March, 1831.
Certificate of Pension issued the 24 th day of April 1834 and sent to Hon. O. M c Vean
Arrears to the 4 th of March 1834 $ 240.00 Semi-ant. allowance ending Sep r 4 '34 — 40.00 $ 280.00
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by Sam l H t Page Clerk, Book E Vol. 4 Page 88

30135
Peter Van Alstine
Pension
Declaration
$1-
E. Wilson Fultonville N.Y. agent
Albany
24 mo. per
80¢
C. M. Van Horn Reps.

State of New York Montgomery County S.S. On this 11th  1834 day of March personally ap- peared in open Court before the judges of Montgomery County And the said Court then sitting Peter Van Alstyne a resident of Glen in the County of Montgomery State of New York aged seventy four years who being first duly sworn according to Law doth on his oath make the following declaration in order to obtain the benefit of a provision made by the act of Congress passed June 7 th 1832 that he entered the service of the United States under the following named officers and served as herein stated. That since time in the month of January 1776 he being enrolled as a private in Captain Rinie Van Eura's Company of Militia of the the Town of Canajoharie then County of Tryon now County of Montgomery and State of New York was ordered out by said Captain Van Eura who with his Company marched to Canajoharie from thence to Johnstown to disarm Sir John Johnson after ac- complishing that object they received a verbal discharge having been 7 weeks out one week
This Defendant was again called out in the month of May 1776 under the command of Lieutenant John Van Eura = mustered at Canajoharie & marched from thence to Tullough in pursuit of Indians & Tories. that they took Captain Jacob Mil- ler & several other Tories before the Committee of Safety who directed those to be sent to Albany who would not sign the Association 2 weeks Battle this Service was two weeks
This Defendant was again called out under the command of Captain Rinie Van Eura to guard the Waggons which were sent out to Tullough from Town of Shary. to cut & thresh Wheat and carry the same to Frey's Mills on the Schoharie Creek near 4 weeks Canajoharie Village this Service lasted four weeks
This Defendant was again called out in the month of No- vember as a volunteer under the command of one Colonel Deyo and for the purpose of bringing in cattle Sheep & Horses for the use of the Patriots on the Mohawk which after having taken from the Tories they delivered up to the Committee of Safety & were 1 week discharged verbally after having been out one week
In June 1777 a detachment was ordered out by Captain Van Eura to guard the men engaged in building Fort Erie. This

1-19 3 Weeks Discharge
Defendant done duty as a private in said detachment & continued in that service three weeks when he received a Verbal Discharge
21
This Defendant was again called out with Captain Rinie Van Eura's Company in the first part of July 1777 with 8 days permission under the command of General Nicholas S t Rineer & Colonel Ebenezer Dyer marched from Canajoharie to Cherry Valley from thence to the Susquehannah River down that River to Schoenfeld's Creek where a reinforcement of some Schoharie Militia joined as commanded by Colonel Peter Gansevoort. Captain Jacob Schoell & Lieutenant Cornelius Stryker from thence we marched down the River to Coeymans. From thence to Unadilla where we met with Colonel Joseph Brant who commanded the Indians
2 Weeks Was out in Service at this time two weeks
14
This Defendant was again called out in the latter part of July in a detachment under the command of General Herkimer to meet St Leger. In John Johnson & Colonel Brant at Fort Stanwix, this Defendant was left at Fort Herkimer as one of the guards & continued guarding the fort four months when he received a discharge. In this campaign the Battle of Oriskany was fought in which General S t Rineer was Mortally Wounded
2 months - det. & Colonel Dyer was Killed
2 -
About the middle of September this Defendant was again called out to finish Fort Erie. After performing duty there
1 week
one week was discharged & sent home. In the month of June 1778 was again called out by Colonel Jacob ClocK under the command of Captain Van Eura where the Company were engaged in finishing the Fort performing Garrison duty & walking alternately for the space of one month was then discharged & returned home
1 -
In the same month of the last mentioned service he was again called out under the command of Captain Van Eura by Colonel ClocK. Marched to Cherry Valley & Springfield where the latter place having been burnt by Brant required succor from the Mohawk Valley & that Captain Van Eura after leaving

from the measures taken by that Captain Van Rilla after having
Administered such relief as was in his power to the inhabitants re- turned to Canajoharie when they were discharged having served 1 week one week
On the 12 th of November 1778 this Defendant was again called out with the Company of Captain Van Rilla for the purpose of burying the dead after Grant & Bullis with the Indians & Tories had left which having accomplished they returned & were dis- charged having been in service one week
On the first day of July 1779 this Defendant was again called out with the Company of Captain Simon Van Rilla for the purpose of being divided into three Claps. the 1 st Clap to be commanded by the Captain, the 2 d Clap by the Lieutenant the 3 d Clap by the Ensign, this Defendant being attached to the 2 d Clap these Claps were called Minutemen to do duty alternately on the first day of September of that Year Captain Van Rilla's Clap was called out for one month, this Defendant entered as a Sub- stitute for his Mother John Van Alstyne. Mustered at Fort Hawk under the command of Colonel Clyde. This Defendant in the Organization of the Pansies received an Orderly Sergeant's Warrant from Colonel Clyde & performed that duty until the expi- ration of the month when the party was relieved by the 2 d Clap to which this Defendant belonged he continued to perform the duties of an Orderly Sergeant for the 2 d month when the 2 d Clap was relieved the third Clap was called out which this Defendant entered as a Substitute for a man by the name of John Kostad & served in the same capacity of Orderly Sergeant. During this month a detachment from the Fort was ordered to move up the Mohawk in the month of November 1779 to Fort Hawk. Marched from Canajoharie under the command of Ensign Peter Quackenbush after arriving at the Fort we were stationed under the command of Captain Grop & Col Samuel Clyde remained there doing service at the Fort & on scouting parties until the latter part of November 1779 when order came from Fort Herkimer for relief & this Defendant as one of 25 of a de- tachment under the command of Ensign Peter Quacken- bush marched toward Fort Herkimer. But on account of snow & stormy weather were compelled to return to Fort Hawk

When they remained until the first of December when they were 3 months Discharged having served in three different terms the full term of three months.
In the month of May 1780 on the requisition of the Committee of Safety the Company of Prince Van Eura was again Clapsed in three Claps. Two Men to be taken from each Clap & each Clap to serve two Months. This Asperant was drafted in the 2 d Clap which was commanded by Lieutenant Van Eura. on the 1 st day of June Marched from Canajoharie in Company with others to Fort Plank. This Asperant while at Fort Plank received an Orderly Sergeants Warrant of the Men under the Command of Lieutenant Van Eura. Continued at Fort Plank until the 10 th or 11 th of June when he with his Company was ordered by Colonel Clyde to march to Fort Herkimer where he was on duty until the 24 th of July & then returned to Fort Plank where he remained until his time expired. This Asperant continued the following two months serving as a Substitute for his Mother at the different Forts & also the following two months continu- -ued his Service as a Substitute for John Rostek. During the last mentioned two months this Asperant was in the Attack- -ment under Colonel Clyde & was engaged in taking one of Sir John Johnson's field pieces near Fox's Mills. Continued serving until the latter part of November when he was discharged having 6 months Served the full term of six months.
On the 1 st day of March 1781 this Asperant was called out by Captain Prince Van Eura. Who had received orders from Colonel Schuyler to assemble his Men. that this Asperant was drafted as one of the three months Militiamen & was ordered to join Col. Miller's Regiment at Fort Plank. that this Asperant was under the Command of Lieutenant Van Eura & was en- -gaged in service at the different Forts along the Mohawk R. Where that in the latter part of July 1781 this Asperant Marched with the Company to Schuyler's Creek under orders to meet Captain Prince Van Eura's Company & others. that this Asperant was ordered with the other forces at Freeman's Creek & though I was engaged in part of the battle which took

place there. after the last mentioned engagement the nine months men returned to Fort Plain & the other Company's returned since this Regiment marched to Fort Plain & in Company with the nine months men when he remained & was out at different times on Scouts until the latter part of the month of August 1787 when he returned to Fort Plain & marched from that place to Johnstown to attack Major Ross & Butler who were on their way to take that place with the British & Indians. When this Regiment was engaged in the Battle which took place at Sir William Johnson's Hall. & was commanded by Major Rowley who had William Wallace for a guide after this Battle was fought they returned after this Battle was fought they returned the next day under the command of Captain Van Riper to Fort Plain & remained there under the command of Colonel Niter until the last of November 1787 when the Regiment was discharged having served the full term of nine months.
On the 2 nd day of February 1782 this Regiment was again called out under Captain Van Riper commanded by Colonel Miller who designed taking Fort Oswego from the British & Indians that this Regiment in Company with other troops went up the Mohawk in Sleighs & then on Snow Shoes having for a guide an Indian called Captain John who misled the Regiment about 4 miles into a Cedar Swamp & then deserted. Soon after relief were given to return to Fort Plain when they returned by way of Three River Point when this Regiment was discharged having served in the service the full term of one month.
Whole length of actual service two Years & two months that he was born on the 17 th day of January 1760 in the town of Canajoharie then County of Tryon. Now Montgomery where he resided during all his service until the year 1784 when he removed to the town of Wooster in the County of Oswego where he resided 2 years when he removed to the town of Middleburgh in the County of Schoharie & State of New York where he resided until the year 1832 when he removed to the town of Glen in the County of Montgomery where he now resides. He has a record of his age in his own Family Bible taken

from the Family Bible of his Grandfather
He has never received a Written Discharge all his charges having been Communicated Verbally
Has no Documentary Evidence of his Services No Army Living Witnesses Except those Whose Affidavits are herewith annexed
He hereby Relinquishes Every claim whatever to a pension or annuity Except the present & declares his name is not on the pension roll of the Agency of any State
He received two Ordinary Sergeants Warrants but has lost both long since. ~
Sworn in Open Court the day & year aforesaid -
Peter Van Alstyne
Geo: D. Ferguson, Clerk

State of New York Montgomery County } ss: We, Abraham A Van Horn a Duggman residing in the town of Schoharie County aforesaid & David H Lane — residing in the town of Glen- County aforesaid hereby certify that we are well acquainted with Peter Van Alstyne who has subscribed & sworn to the above declaration that we believe him to be 74 Years of age that he is reputed & believed in the neighborhood where he resides to have been a Soldier of the Revolution & that we concur in that opinion Sworn & Subscribed the Day & Year aforesaid in open court Geo: D. Ferguson Clerk Abraham Van Horn David H Lane
And the said Court do hereby declare their opinion after the investigation of the matter & after putting the interrogatories pre- scribed by the War Department that the above named applicant was a Revolutionary Soldier and served as he is States. And the Court further Certifies that it appears to them that Abraham A Van Horn who has signed the prece- ding Certificate is a Duggman residing in the town of Schoha- rie aforesaid and that David H Lane who has also signed the same is a resident in the said town of Glen and is a credible person & that their statements are entitled to credit
I George D Ferguson Clerk of Montgomery County of New York do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Peter Van Alstyne for a pension In testimony whereof I have hereunto set my hand and the Seal of my office this 12 th day of March 1834 Geo: D. Ferguson

Montgomery County ss.
On this 13 th day of December 1833 personally appeared before me William M. Gardiner a justice of the peace of said County William Wallace who being duly sworn doth depose and say that in the month of January 1776 he this deponent being engaged as a minute man under General Philip Schuyler in Capt John Fishes company which assembled which assembled at Albany and marched from there to Johnson for the purpose of disarming Sir John Johnson and this deponent further says that Captain Reynier Van Evers company was also there and that in said last company Peter Van Alstine the person who has made the declaration annexed was embodied and that said Van Alstine served in said said expedition and this deponent further states that in the month of August in the year 1781 he this deponent was out in the service at Cunnysdown and at the battle at Saratoga and that he then saw and knew the said Peter Van Alstine embodied among the to his troops and engaged in the battle. And that in the month of October 1781 he this deponent acting as a guide on a party of men under Major Rowley by Col. Maunsfield with a party of men was ordered to move off to the west of the main road leading to the Johnson Hall where the British and Indians under Major Butler and Rop. lay for the purpose of making an attack in their rear and that he this deponent at that time saw the said Peter Van Alstine embodied in a company commanded by Capt Van Evers and knew him to be one of the party and further this deponent saith not. subscribed and sworn before me the 13 th day of December 1833 William M. Gardiner Justice of the Peace W. Wallace
I do hereby certify that William Wallace the person who has sworn to and subscribed the above affidavit is a credible person and his statement is entitled to credit William M. Gardiner Justice

State of New York Montgomery County, ss
I, George D. Ferguson, Clerk of the Court of Common Pleas of the said County do hereby certify that William M. Gardiner before whom the within affidavit purports to have been sworn, was on the date thereof a Justice of the peace And I further certify that John Cumming before whom the annexed affidavit of Anthony Ehle purports to have been sworn was on the date thereof a Justice of the peace, both of the said County. And that I am acquainted with the hand writing of said Justices & Verily believe that their names subscribed to the said affidavits & to the annexed certificates of Character of the deponents is in each case the Genuine hand writing of the Justice before whom the same was taken.
In testimony whereof I have here- unto set my hand and the seal of my office this 12 March 1834. Geo: D. Ferguson.

Montgomery County ss
On this 21 st day January 1834 personally appeared before me John Cumming a notice of the peace in said county Anthony Ehle who being duly sworn doth depose and say that in the month of September in the year 1779 he this deponent being enrolled in a company of Militia (in the town of Canajoharie then in the County of Tryon) commanded by Captain Rhymer Van Eura was called out on the service in a detachment from said company under the command of Saint John Van Eura and marched to Fort Plank. and this deponent further states that Peter Van Alstyne the person who made the declaration to which this is annexed was also enrolled and embodied in said detachment and served at that time in defence of the country. The length of time said Van Alstyne served in said town this deponent does not recollect. And this deponent further states that in the month of November 1779 he this deponent was again called out under the command of Peter Isaacson Bush under orders from Col Samuel Clyde to March up the Mohawk River to Fort Herkimer to the relief of the garrison at that place that said party marched to the said River to Fall Kill where a heavy snow storm came on and the party took quarters in an old deserted house and on the following day the snow having fallen so deep that the commanding officer ordered the party to return to Fort Plank at this time said Peter Van Alstyne was also embodied with the party and served as a soldier but the length of time said Van Alstyne served this deponent does not recollect and further this deponent saith not
Anthony Ehle
Subscribed & sworn to this 21 st day of January 1834 before me M c Cumming Justice of the peace
I do hereby certify that Anthony Ehle the person who has sworn to & subscribed the above affidavit is a credible person & his statement is entitled to credit M c Cumming Justice of the peace

TREASURY DEPARTMENT,
Second Comptroller's Office,
March 31 st , 1840.
Sir :
Under the act of the 6th of April, 1838, entitled "An act directing the transfer of money remaining unclaimed by certain Pensioners, and authorizing the payment of the same at the Treasury of the United States," The child of Peter van Alstine, a Pensioner on the Roll of the Albany N.Y. Agency, at the rate of Eighty Dollars and  Cents per annum, under the law of the 7 th June 1832, has been paid at this Department, from the 4 th of Sept. 1838, to the 26 th January 1839, the day of his death.
Respectfully, yours,
Almon B. Farris
Comptroller.
To the Commissioner of Pensions,
Present.

Rec'd
14762
INVALID.
File No. 14762
Peter Van Solstine prior Boer War
Act: June 7 th 1832
Index:—Vol. 1 , Page 389
[Arrangement of 1870.]

Peter Van Alstine
adm d
Hen C McVean Home Reps N.Y.

WAR DEPARTMENT,
Pension Office,
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 Peter Van Alstine
   Period when the service was rendered. Duration of the claimant's service. Rank of the claimant. Names and rank of the Field officers under whom he served. Age at present, and place of abode when he entered the service. Proof by which the declaration is supported.   Years. Months. Days.              
I am, respectfully,
Your obedient servant,
JAMES 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 inquiry 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 form:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service; but, according to the best of his recollection, he served not less than the periods mentioned below, and in the following grades:—For _____ year _____ months, and _____ days, I served as a _____. For _____ months and _____ days, I served as a _____; and for such service I claim a pension."
It is important, in all cases, to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months , is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state that they served two years in the militia, &c. without specifying the tours, the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must, in every case, be clearly shown under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
[f] The law makes the relinquishment indispensable.
[g] The opinion of the Court is always required.
[h] The Clerk must give his certificate in every case.
[i] The Clerk must affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he has no public seal of office, the certificate of a Member of Congress, proving the official character and signature of the certifying officer, should accompany the papers.
Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other papers authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
Proof of Service.
[j] In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses who are required to set forth in their affidavits the time of the claimant's entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
□ The notes from [a] to [i] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in note [j] applies to continental troops only.
[k] This traditional evidence is indispensable in militia cases.
[l] If a witness cannot be found, the declarant must state the fact.
[m] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.

State of New York Montgomery County
SS
On this 12 day of April one thou-
sand eight hundred and thirty four personally appeared before the undersigned a Justice of the peace of the County of Montgomery, Peter van Alstyne who being duly sworn doth make the following deposition in explanation and amendment of a declaration heretofore made by this deponent which is hereto annexed , that in the year 1780 the two months that this deponent served as a Substitute for his brother, he was commanded by Colonel Elyse John Yost Hoss was Captain who resided at Fort Plant that they were engaged performing Garrison duty & was out on scouts. During these two months, was at Fort Plant, Fort Wilkinson & Fort Dayton. this deponent recollects more par- ticularly of his being at Fort Dayton from the circumstance of his being very much troubled with Sickness which he took while at that Fort. this deponent recollects of being out on a Scout during these two months at Schuyler's Lake Young's Lake & Otsego Lake in which Elias Hoss was captain. & that during these two months this deponent acted as Ordinary Sergeant & this deponent further says that the following two months he served as a Substitute for John Roslee. During these two months this deponent served as an Ordinary Sergeant, that he was engaged perform- ing Garrison duty at the different Forts, that this depon- -dent was commanded by Colonel Elyse & by Captain John Yost Hoss, was at Fort Plant until about the 1 st of November this deponent thinks when he was ordered out in a Detachment commanded by Colonel Elyse crossed the Mohawk River at Fort Plain to meet the Enemy who had been engaged burning Stone Arabia, the Detachment under Colonel Elyse in which this deponent was serving took prisoners 23 of a Company called the Greens & a Field piece of Artillery John Johnson's, this deponent returned with the Detachment to Fort Plain & from thence to Fort Plant where he remained performing Garrison duty until the latter part of November when he was discharged, & this deponent further says that during all this time he was not engaged in any Civil pursuit

And this Defendant further deposes & says that in the 9 months Service. Commencing on the 1 st day of March 1781 that he was called out by Captain Pieter Van Eura & that he was drafted as one of the nine months militia men & was called a Minute man. & marched to Fort Plain to act in concert with Colonel Willet's Regiment. That this Defendant was under the Command of Lieutenant Van Eura & was engaged performing Garrison duty at Fort Plain, Fort Herkimer & Fort Windake. That this Defendant was at Fort Plain the greater part of this Spring & Summer. That Captain Adrain Sipe commanded the men at that place. Glycer was Colonel, & that Colonel Jacob Cook commanded the men at Fort Herkimer. That in the latter part of July 1781, this Defendant commanded by Lieutenant Van Eura marched to Boorman's Creek from Fort Plain. That Captain Pieter Van Eura was at Boorman's Creek & Captain Willet & Captain Mackenbush with their several Companies. When this Defendant arrived at said place, that this Defendant with the other forces at Boorman's Creek, marched to Inverness & was engaged in the battle which took place there. After the above mentioned engagement, this Defendant with the nine months men returned to Fort Plain thence to Fort Plain leaving those who were not nine months men at Fort Plain. That this Defendant remained at Fort Plain where Sipe was Captain & was out at different times as Scout. That for the latter part of the month of August 1781, this Defendant marched to Fort Plain. Where he joined forces with other militia forces to reinforce Colonel Willet who had succeeded there. Colonel Wemple was one of the officers & commanded a part of these forces, that this Defendant marched with him. But this Defendant is not certain that Colonel Wemple was first in command. This Defendant was engaged in the battle which took place there & returned the next day under the Command of Captain Pieter Van Eura to Fort Plain & remained under the Command of Colonel Willet performing Garrison duty until the last of November 1781 when he was discharged. And this Defendant further

Says that he has not considered it necessary or advisable to call on Mr. Tille, as Founder of the Union of Sullivan County of Maryland & State of New York, because this Defendant did not belong to Colonel Wells Regiment. Nor has it been the intention of this Defendant that any such expression should have been given in the declaration of this Defendant. The Defendant further says that he saw Mr. Tille at Fonda at Albany, but has no the acquaintance with said Fonda. The Defendant further says that there was no interval in any of the above-mentioned services, nor in any previous reading by this Defendant that an act of faith in the declaration accompanying the affidavit in which he was engaged in any civil proceeding.
Peter Van Klief
subscribed & sworn before me this 12th day of April 1834.
W. M. Gardine - Justice

State of New York County of Montgomery
I, George D. Ferguson, Clerk of Montgomery County, do hereby certify that Wilziah M. Gardner before whom the foregoing supplemental or amended declaration purports to have been sworn, was on the date thereof a Justice of the Peace in for the said County; and that I am well acquainted with the handwriting of said Justice & Verily believe that his signature subscribed to the said supplemental or amended declaration is Genuine.
In testimony whereof I have hereunto set my hand and seal of Office this 14th. April 1834
Geo: D. Ferguson.