Revolutionary War Pension and Bounty Land Warrant Application File R. 10,899, Bartholomew Van Valkenburgh, New York

SERVICE
NUMBER
New York
Van Valkenburgh, Bartholomew R. 10,899 Van Volkenburgh
alive in 1832
CONTENTS

28.74 4/11/29 Bartholomew Van Volkenburgh 37.15
Original papers Supplemental
Vol 9. page 83 £111.4
Hon. M. J. Bovee HR
MB. Leicester John W. Cady Johnstown Mont County N. York

State of New York Montgomery County ss
On this 19 th day of
September 1832 personally appeared in open Court at the Court House in Johnstown in said County now sitting Bartholomew van Valken- burgh aged Seventy two years who being first duly sworn according to law doth on his oath make the following declaration in order to obtain the benefit of the act of Congress passed June 7 th 1832. That he was born in Kinder- hook, Columbia County State aforesaid that he was about 19. years of age when he first entered the Service of his country, that his first Captain was Isaac van Valkenburgh, that the chief business of the Company was in scouing the Country, watching the Tories & keeping off what were then called the Cow Boys That he served off & on in such capacity about One

year --- when a detachment from said County consisting of about Eight hundred men were ordered up the Mohawk River under the command of Genl Henry B m Knepphaer, Col Abraham Van Alstyne, Major Hartman Van Buren & John Lansing, who I have understood has since been Chancellor of this State, was Quartermaster, that we marched up said River & got near Stone Arabia, where we met the Tories & Indians & had a Battle, I well remember it for Col Brown was killed on the field. That he then went with the Army across the River to Fort Plain, that while there said Lansing was out on a scouting party & was chased & got his Horse swamped, that he came in the Fort about day break & asked the men who dared to try to get his Horse, His opponent said "I am one" That three others also volunteered, two I remember Jacob Staats &

Peter van Slyck, that they went & found his Home & brought him to the Camp, that because I was the first who said I would go, Genl van Rensselaer gave me a discharge, That I then went home but was soon again ordered out & most of our business then was for some time in watching the Tories & marching to different parts of the County, that one time we was sent by Col Br- alston & Major van Buren to surprise & take some Tories that we fired & killed one & then we took Seventeen of them & took them to Camp, Peter Hugener was one I remember that we took. That we again went up the Hudson River under Genl van Rensselaer & staid a while at Albany, we was then ordered to Sar- atoga, and I was one of those who saw that glorious day when Burgoyne surrendered to the American arms. Arnold the traitor was there, so was Gates, and Morgan the old Rifle Man, after that I went home & served the rest of the War

under Bartholomew Jacob van Volkenburgh, that he saved under him the remainder of the war on scouting parties, watching the Tories & catching the Cow Boys  Redlegs , That altogether he saved more than four years the precise time however he cannot state, He hereby relinquishes every claim whatever to a pension or annuity except the present & declares that his name is not on the pension roll of the agency of any state
Subscribed & sworn to in Open Court this 19 th of September 1832
Bartholomew his X van Volkenburgh mark
Geo: D. Ferguson Clerk

State of New York Montgomery County
1 1 Peter W m Van Slyck aged 63. being sworn says that he has known Bartholomew Volkenburgh named in the annexed paper since he was a child, he was born in the same town has seen him frequently under arms during the Revolutionary war, that he well knew Major Van Buren, Col l Van Alstine & Col l Volkenburgh that he more than forty years ago has heard said officers speak of said Bartholomew as a soldier under them at various times & from what they then informed this deponent he has no doubt but that the said Bartholomew served in the war more than two years
Peter W m Van Slyck
Subscribed & sworn in open Court this day & year aforesaid
Geo: D. Ferguson, Clerk.

State of New York } Montgomery County } William Wallace of the town of John- town in said county a Revolutionary Soldier as will appear by the Records in the War Department as I have for a number of years drawn a pension for my Services, do depose & swear that I am well acquainted with Bartholomew V t Bollenburgh, that I knew him as a Soldier of the Revolutionary War that he marched up the Mohawk River with the army under Genl Henry V t Rensselaer when the Battle was fought at Stonerabia, that I recollect very well about Major Lansing's horse being swamped or mired & that said Bartholomew was one of the men who went out & got him - That from all I know of his services, altho I cannot be very particular, yet I am very certain that the said Bartholomew served more than three years, and I have heard some of his officers, altho I did not know all of them, speak of him as a good & brave Soldier
Sworn & subscribed to in Open Court the day & year aforesaid
Wm Wallace
Geo: D. Ferguson Clerk

Sworn
State of New York }  Montgomery County } John Scram of Palatine  Oppenheim in the County of Montgomery being sworn says that he well knows Bartholomew van Baltenburgh that they were both born & brought up in Kinderhook Columbia County, that they were both in the Service of our country as Soldiers, that they marched from Kinderhook up the Mohawk River, but this deponent cannot state how long the said Bartholomew was in the Service John his Scram mark
Sworn & Subscribed in Open Court the day & year aforesaid
Geo: D. Ferguson, Clerk.

State of New York Montgomery County ss
} We James Voorhees Joseph Leach -
of the town of Johnstown in the county aforesaid do each of us for ourselves & swear & declare that we are acquainted with Bartholomew V r Bottenburgh, that he is an old innocent man & from what we know of him do believe that he is entitled to credit to any thing that he states or swears to -
Joseph Leach
Sworn & subscribed in Open Court the day & year aforesaid
James Voorhees
Geo: D. Ferguson. Clerk.
And the said Court do hereby declare their opinion after the investigation of the matter, & after putting the interrogatories presented by the War department, that the above named appli- cant was a revolutionary soldier & served as he states. And the Court further certifies that Peter W. Van Slyck, William Wallace, & John Seram who have signed the preceding affidavits are residents of the said County of Montgomery & are credible persons, & that their statement is entitled to credit.

I George D. Ferguson, Clerk of the Court of common pleas of Montgomery County, do hereby certify that the foregoing contains the original proceedings in the matter of the application of Bartholomew Van Valkenburgh for a pension.
In testimony whereof I have hereunto set my hand and seal of office the 19th day of September 1832.
Geo: D. Ferguson
16152
Bartholomew Van
V
L. I.
211

State of New York
Montgomery County ss The Supplemental statement under oath of Bartholomew Van Volkenburgh an applicant for a pension. He further states & swears that there was a family Bible in which was the record of his age, that the said Bible was burned in the House of his Sister about twelve years ago, the House being entirely consumed by fire & nothing in it saved. That in the House at the same time was a discharge which he received at Fort Plain as stated in his original application which was also burned. That his services were performed as a private  militia man & he never received any Commission, That the longest period he served at any one time was for a year, at other times for nine months, three different times for Six months & frequently for one month & less. That it is totally impossible for him to designate days & dates -

That the chief of the officers, if not all, named in his original applications are dead, That if any of them or the Soldiers with whom he served are living they live at a great distance & this applicant on account of being very infirm cannot go to look them up, and if his bodily health would permit he could not on account of his poverty, being now supported by a friend.
Subscribed & sworn to this 14th day of June 1833
Before Aaron Haring Justice of the Peace.
Bartholomew his X ban battenburg mark

State of New York Montgomery County Clerk's office. I, George D. Ferguson, Clerk of the Court of Common Pleas of Montgomery County do certify that Mason Haring, before whom the annexed supplemental declaration of Bartholomew Van Valkenburgh purports to have been sworn, was on the date thereof a Justice of the peace of said County. And that I am well acquainted with the hand writing of said Justice & truly believe that his name subscribed to said supplemental declaration is genuine. And I further certify that Joseph Peach and James Voorhees whose names are subscribed to the annexed affidavit appeared in the Court of Common Pleas of said County at the September term thereof and in open Court & swore to the said affidavit. And the said Court have directed me as their Clerk to certify to the War Department that the said Joseph Peach & James Voorhees are in the opinion of the said Court persons of credibility & that their statement is entitled to Credit. In testimony whereof I have hereunto set my hand and seal of Office this 14th June 1853.
Geo: D. Ferguson

No 16152
Bartholomew Van Bal Kinn Montg Co N.Y.
vetr?
John W. Cades Johnstown N.Y. Co N.Y.

WAR DEPARTMENT,
Pension Office,
May 17 1833
Sir:
The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in a tabular form. On comparing these papers with the following rules, and the subjjoined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will show what is necessary to be done. These 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.
Montgomery Blair
A Statement, showing the Service of Bartholomew Van Bal Kinkburg
   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.     Period noted stated { 4 years - in all Private Capt. Van Bal Kinkburg Genl Van Ruyvenelant Col. Allotene Major Harman Col. Brown Genl Van Ruyvenelant Stonewall Honebrige Fort - Plains - Hudson River Loreto so - 2 years Penderhook Columbia Living witness fully 3 years - he has besides Traditional evidence  
I am, respectfully,
Your obedient servant,
J. L. EDWARDS, Commissioner of Pensions.
24 Oct 1781 2 days after Battle of Yorktown

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) _____ 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.
[j] The law makes the relinquishment indispensable.
[g] The opinion of the Court is always required.
[h] The Clerk must give his certificate in every case.
[i] The Clerk must affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he has no public seal of office, the certificate of a Member of Congress, proving the official character and signature of the certifying officer, should accompany the papers.
Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other papers authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
Proof of Service.
[j] In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses, who are required to set forth in their affidavits the time of the claimant's entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
[k] The notes from [a] to [i] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in note [j] applies to continental troops only.
[l] This traditional evidence is indispensable in militia cases.
[t] 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.
24586

N. York
Bartholomew Van Valkenburgh
Suspended
See letter to Hon. J. M. Bovee 8. Feby. 1835
10899

REJECTED
10899
en!
P. O.
Bartholomew Van Valkenburgh
Service: _____
Enlisted: _____, 18 .
Discharged: _____, 18 .
Application filed: _____, 18 .
Alleges: _____
Re-enlisted: _____
Attorney: _____
P. O. _____
_____ Recognized. _____ Contract.

War Department Pension Office 19 October 1833
Sir,
The papers of Bartholomew Van Volkenburgh have again been examined, and are herewith returned.
In his Supplemental declaration, he states, that he served "three different times for 6 months," and once for nine months, without any farther specification. To enable the Department to determine how far this account is to be credited, the declarant should set forth, his reasons for alleging that he served the particular terms mentioned. He should likewise as far as practicable, set forth the names of his officers, time, place &c.
I am, Respectfully, Your obedient Servant G. M. Greenup Acting Comr of Pensions
John W. Cady Esq Johnstown N.Y.

Washington Jan'y 30. 1836
Dear Sir
Endland I send you the papers of Mr Sam Fallenburgh - who is miserably poor If any thing can be done to let it be done of his services I have no doubt - you will do me the favor to let me know what the difficulty is with the papers of Mr Samuel Finks whose papers are now in your poss- -ession - Mr Finks is entitled to a pension beyond any doubt - he resides in my town - you will send me a certificate in the case of Mr Saml. Lapp for 9 mos. & 12 mos I wish he could be allowed for 12 mos - but he is confined to his bed & cannot get out to form further testimony
J. G. Edwards Esq r
Dec 26 Nathaniel J. Brown