Revolutionary War Pension and Bounty Land Warrant Application File R. 10,898, John Vanfleet, New York

SERVICE
NUMBER
New York
Vanfleet, John or Van Vleet.
R. 10,898
CONTENTS

19841 2
In the matter of the application of John Van Vleet for a pension
Proceedings
No 64 to the care of Giles F. Yates Schenectady N.Y.
In Philips H. Armstrong Papers

State of New-York County of Schenectady ss.
On this thirteenth day of October in the year of our Lord one thousand eight hundred and thirtytwo personally appeared in open Court before the Judges of the Court of common Pleas in and for said County now sitting John Van Vleet a resident of the town of Glenville in said County & State, aged nearly seventy five years who being first duly sworn according to law, doth on his oath make the following dec- laration in order to obtain the benefit of the act of Congress passed June 7 th 1832
He was born in the town of Poughkeepsie in the County of Dutchess in the then Colony now the State of New York on the ninth day of January 1758 — He has no record of his age except that contained in his family Bible.
When he was called into the service of the United States in the army of the revolution, he was living in the town of Watervliet in the then County of Albany in said State, and since the revolutionary war he has lived in said town of Watervliet for 20 years or more afterwards at Caghnawaga & thence to Princetown etc. &c. He now lives in the town of Glenville aforesaid.
He entered the service of the United States under the follow- ing named officers and served as herein stated
In the year 1775 he enlisted or was enrolled in the Company of Militia commanded by Captain Peter Schuyler in the Regiment whereof Francis Nicholls was Colonel. In the year 1776 said Captain being advanced to the rank of Ma- jor the command of his Company was given to devolved on Henry Ostrom, and he served in this Company

of Henry Ostrom until the end of the war. His other Company and field officers whom he recollects were Philip Hamestreet Lieutenant, Jacob Weaver first Lieutenant, and Philip Schuyler had the Command of said Regiment until the end of the war.
His first expedition was in the year 1776, when he was drafted to go to the Helderbergs. In which expedition he served about Eight days in pursuit of a party of Tories. He did military duty for about sixteen weeks with the American troops encamped this year at Lake George, Fort Edward & Skene- borough. He was engaged in several scouting parties in pursuit of Tories to Clifton Park, near Lake George, and to other places where they were known to rendezvous.
When General Burgoyne invested Ft. Conderoga, he was called out to Fort Edward, was in the retreat of General Schuyler.
Two out of his company of whom he was one volunteered with a party & marched to Bennington but came too late to engage in the battle fought at that place.
When the British troops were encamped at Skeneborough he went there as a spy. He served in these last named expeditions for a term exceeding three months.
While at Fort Edward in the year 1777 the Indian Chief Captain John who had Command of 4 or 500 warriors was permitted by the officers to make choice of a man from among the American troops to supply his party with provisions. The lot fell on the Claimant who was employed in this service for the

Term of four weeks
He has on several other occasions besides those herein before given, performed military duty at Fort Edward - also at Fort Ann, & at Fort Miller
He has moreover served in several scouting & reconnoitering parties, and when not out from home in these different expeditions he mounted guard at Watervliet & other places in the vicinity exposed to excursions from the Tories.
When Rop & Butler made their incursion on the Mohawk settlements in 1781, he marched pursuant to a draft to Johnstown, but was not with the troops that pursued the enemy to West Canada Creek. In this expedition he was in service one week
The whole of the period he was engaged in actual duty during said war is not less than twenty months -
He was in no battles or skirmishes except a few skirmishes when out as a scout.

THE FOLLOWING are the names of some of the regular officers whom he knew, or who were with the troops where he served, and such continental and militia regiments or companies with which he served, or as he can recollect, viz :
General Arnold, General Gates - Captain Staats, Colonel Willett Captain Wagon Capt. Carmichael
He never received any written discharge from the service.
He has no _____ documentary evidence, and knows of no person whose testimony he can procure who can testify to his service
except his Lieutenant Philip Vanstrut whose deposition is hereto annexed
The following are the names of persons to whom he is known in his present neighborhood, and who can testify as to his character for veracity, and their belief of his services as a soldier of the revolution, to wit ; Simon A. Groot and Alexander Kelly —
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.
Subscribed and sworn to the day and year first aforesaid
John Vrooman Clerk.
John Van Fleet

John V. Vleck
He for Jacob's sake stays by promising the signature & sent of his co: consent to the above when it is sent out.
T. C. [unclear]

State of New York Montgomery County ss.
of Root in said County Philip Harnstreet being duly sworn saith that he is personally acquainted with John Van Nest of Glenville Schenectady Co. & that the said John served as a private under him in the Militia of New York in Capt. Osborn's Company in a Regiment commanded by Col Philip Schuyler & that the said John served as a private during the whole of the Revolutionary War and further this deponent saith not.
Subscribed and sworn to before me Philip Harnstreet Lieut. Befar me at Root this Mark 28 day of June 1832
Henry J. Dierendorff Judge of the Court of Common Pleas in and for Montgomery County
I, Henry J. Dierendorff the Judge before whom the preceding deposition of Philip Harn- street has been sworn to hereby certify that I am well acquainted with said Philip Harn- street, and know him to be a credible person whose statements are entitled to the fullest credit.
Henry J. Dierendorff Judge of the Court of Common Pleas in and for said County

I George D. Ferguson Clerk of the Court of Common Pleas in and for the County of Montgomery, do hereby certify, that Henry I. Dievendoff before whom the preceding affidavit has been sworn, was on the day of the date thereof, one of the Judges of the County Courts in and for said County, & that the signature "Henry I. Dievendoff" to the jurats of said deposition is his genuine signature.
In testimony whereof I have hereunto set my hand & affixed my seal of Office, this Eleventh day of September One thousand eight Hundred and thirty-two.
Geo: D. Ferguson
Sub

WE Alexander Kelly — residing in the city of Schenectady in the county of Schenectady aforesaid, and Simon A. Groot residing in the same place do hereby certify that we are well acquainted with John Van Vleet who has subscribed and sworn to the above declaration; that we believe him to be seventy four 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.
Subscribed and sworn the day and year aforesaid
John S. Wooman
Clerk.
Simon A. Groot Alexander Kelly
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 Simon A. Groot & Alexander Kelly who signed the above certificate are ————— who ————— signed the same, is a resident in the said City & are ————— credible person, and that their statement is entitled to credit.
I John S. Wooman Clerk of the Court of Common Pleas, in and for the county of Schenectady do hereby certify, that the foregoing contains the original proceedings of the said Court in the matter of the application of John Van Vleet for a pension.
In testimony whereof I have hereunto set my hand and seal of office, this thirteenth — day of October in the year of our Lord one thousand eight hundred and thirty- two
John S. Wooman Clerk.

1120
1121
John Van Klief
Schenectady Co. N.Y.
John F. Yates Ag t Schenectady 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 John Van Clief Schenectady Co N.Y.
   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.   Years. Months. Days.     Enlisted or Enrolled 1775 Private Capt Schuyler Col Schuyler Col Nichols Hudson Albany 75   Drafted 1776 about 8 Capt Paton Gen. Small Lake Geo. Albany Philip Van Ruyven   Vol 1777 about 3 22 Spy Gen. Gates Gen. Mott T. & Co. N. York as to the whole term   " 28 Bennington also   Draft 1781 7 T. & Co. fractioning   States service service during the war not up then 1 8 Praterist Johnstown  
I am, respectfully,
Your obedient servant,
J. L. EDWARDS,
Commissioner of Pensions.

REGULATIONS UNDER THE ACT OF JUNE 7, 1832.
The following regulations have been adopted:
This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army, and to include under the terms "Continental Line," "State troops," "militia," and "volunteers," all persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, &c. Teamsters, Boatmen, &c. Persons who served on board of Private Armed Vessels are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service.
Four general classes of cases are embraced in this law:
 1. The Regular Troops.  2. The State Troops, Militia, and Volunteers.  3. Persons employed in the Naval service.  4. Indian Spies. 
As rolls of the regular troops in the Revolutionary War exist in this Department, all persons, claiming the benefit of this law as officers, non-commissioned officers, musicians or privates, will in the first instance, make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides. And every Court having by law a seal and Clerk is considered a Court of Record.
DECLARATION,
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
State, Territory, or District of } ss. County of }
On this _____ day of _____ personally appeared (a) before A. B. a resident (b) of _____ in the county of _____ and State, Territory or District of _____ aged (c) _____ years, who being first duly sworn, according to law, doth on his oath make the following declaration, in order to obtain the benefit of the provision made by the act of Congress, passed June 7th, 1832. That he enlisted in the Army of the United States in the year (d) _____, with _____ and served in the _____ (e) regiment of the _____ line, under the following named officers:
[Here set forth the names and rank of the Field and Company Officers; the time he left the service; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers;) the town or county and State in which he resided when he entered the service; the battles, if any, in which he was engaged, and the country through which he marched. [This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.]
He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of _____
Sworn to and subscribed the day and year aforesaid.
A. B.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states.
I _____ of the Court of _____ do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of _____ for a pension.
In testimony whereof I have hereunto set my hand and seal of office (i) this _____ day of _____ &c.
If, on examination of the proper record the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out.
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz:
(k) We, A. B., a Clergyman, residing in the _____ and C. D. residing in (the same) _____, who has hereby certify, that we are well acquainted with _____, who has subscribed and sworn to the above declaration; that we believe him to be _____ years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.
Sworn and subscribed the 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. B. _____ who has signed the preceding certificate is a clergyman, resident in the _____ and that C. D., who has also signed the same is a resident in the _____ and is a credible person, and that their statement is entitled to credit.
I, _____ Clerk of the Court of _____ do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of _____ for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this _____ day of _____ &c.
Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction.
If such surviving witness cannot be found, the applicant will so state in his declaration (l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his alleged service, as they are known at the Department. A very full account of the services of each person

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

Acts of July 14, 1862, and March 3, 1879.
REJECTED
P. O. _____
100 878 (one) John Van Klief
Service: _____
Enlisted: _____, 18 .
Discharged: _____, 18 .
Application filed: _____, 18 .
Alleges: _____
Re-enlisted: _____
Attorney: _____
P. O. _____
_____ Recognized. _____ Contract.
_____ Cert. of Dis. Searched for _____, 18 .

Q120
11 April 1836 Pension Office NY
Hon. Lewis Cass. Secretary of War. Washington City

Schenectady April 5 th 1836.
Hon. Sir.
I herewith transmit the Pension papers of John Henry, John Van Vleet, James J. Peck and James Helme. These papers have been returned long since and it has been found impossible to procure any further or additional testimony or proof whatever. John Henry, John Van Vleet and James J. Peck are dead and have been dead some time (It is possible I may be mistaken as to Van Vleet he may possibly be living) the other two are dead. Old Mr. Helme is living I believe and is very poor. The papers are all submitted to the Hon. the War Department as they are and it is asked that such pensions may be awarded as these papers will warrant. No further proof can possibly be obtained and therefore it is respectfully submitted to the Department how far the applicants or their representatives are entitled to the small pension asked for. To the representatives of those who are and very little can be coming, and whatever poor old Helme may get certainly will be well expended. I hope I may not be thought too urgent in again laying these claims before your Honorable Department as it is from the most pure motives of serving this poor old man Mr. Helme & the representatives of the others.
These papers were handed over to me by Mr. G. F. Yates about two years ago in order that I should endeavour to get further testimony and not having been able to procure any have now for the above reasons thought proper to submit them as herewith.
I am Sir Your Ob st Servt.
Stephen A. Daggett
Hon. Lewis Cass.

N. York John Van Vleet
See letter to Stephen A. Daggett 19. April 1830
10898