Revolutionary War Pension and Bounty Land Warrant Application File R. 11,897, Joseph H Wright, New York

SERVICE
New York
Wright, Joseph H.
NUMBER
R. 11,897
CONTENTS
Blank lined area for contents entry
Blank lined area for contents entry

28239
Joseph H. Wright
Ad. on roll of Col. Dubin Reg. — proof neg. in roll v.
proof of service under 16 years required.
John L. Delony Beckmanville Leitch Co. Ky.
Wright, Joseph N.Y. R. 11/89

WAR DEPARTMENT,
Pension Office,
Nov 18. 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 subjocined 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 Joseph H Wright
   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.     x fall '76 - 3 - pri. Capt. Smith Col. Vail - 70 Traditionary   early 77 45 - - " Rosecrantz Col. Dubois - Fistville N.Y. 1 mtnep for 6 weeks only - & not enough to be credible   same year 1 1/2 - - " Capt. Humphrey no col. named   77 Capt. Brinkerhoof no col. named   78 3  
I am, respectfully,
Your obedient servant,
JAMES L. EDWARDS, Commissioner of Pensions.
No service alleged to have been rendered under 16 years of age can be admitted without proof
+ Not on the roll of Col. Dubois again

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 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; 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 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 _____; 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 proof required by rule in
[k] The notes from [a] to [i] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in note [j] applies to continental troops only.
[l] This traditional evidence is indispensable in militia cases.
[m] This traditional evidence is indispensable in militia cases.
[n] If a witness cannot be found, the declarant must state the fact.
[o] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.

Proof-
Lucia Houdemou witness proves that declaration was given in 1777 subsequent to that time a period of between 7 & 8 months & that she understood at that time he had been a soldier before --
Simon S. Scouller a soldier with him from one & a half months time under Capt Housaphay --
Edward Lee } a soldier from 3 months under Capt Mackinoy

State of _____
Dutchess Co. On this third day of October in the year one thousand eight hundred and thirty three personally appeared in open court before the Judges of the Court of Common Pleas in and for the County of Dutchess now sitting Joseph H. Wright a resident of the Town of Fishkill in the County of Dutchess & State of New York aged seventy 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 entered the service of the United States under the following named Officers and served as herein stated that he was born in the Town of Fishkill in the County of Dutchess and State of New York on the fourth day of February 1762. That he has a record of his age that he was living in said town of Fishkill when called into service, lives there now, and has lived in the County of Dutchess in the Towns of Poughkeepsie, Beekman and Fishkill ever since the Revolutionary war that in the fall of 1776 the month he did not state he entered as a substitute for three months for one John Baker in Captain Smith's Company, Lieutenant Cornelius Adnaen & Col. Israel Vail's Regiment, and marched to Peekskill in the County of Westchester & there remained & did duty as a soldier until the three months had expired when he received a verbal discharge, that early in the year 1777 he enlisted in Captain Jacobs's Rensselaer Company, Col. Henry Dubois Regiment for five months and went to Fort Montgomery and there remained & done as a soldier in said Fort then under the command of General James Clinton until his term of five months had expired when he was discharged, that soon after in the same year; and after Burgoyne was taken, he volunteered service Captain Henry Humphrey.

company and marched with his company to Fort Ann having under protection the Women & Children taken with Gen. Burgoyne's Army that he was engaged there since one & a half months - when he was discharged.
That in 1777 & 1778 the precise month he can not state he entered Captain George Brin- kerhoof's Company & was stationed at P'keepsie & then remained three months & was discharged that he knew General Clinton & General Putnam in the service but has no documentary evidence of his service and knows of no other person or persons who can testify to his service except those whose affidavits are herewith annexed that he is known in his present neighborhood to Henry Martin & Adam Henderick John Hopkin Col John Stone & others who can testify to his character for truth & veracity but knows of no clergyman and a belief of his services as a soldier of the Revolution 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 -
the justification in 3 lines before signature
Worne to be subscribed The Day & Year Aforesaid in open Court. He knows best knows of no clergyman
interlined Henry Laurens Clerk
Handwritten squiggles
Handwritten squiggles

State of New York
Butcher County ss: Simon J. Scouter of the town of Fishkill being duly sworn according to law deposes and says that he is well acquainted with the said Joseph Wright who has made the above declaration in order to obtain the benefit of the act of Congress passed June 7 th 1832. That he the deponent was a soldier in Captain Henry Humphreys company at the time he marched from Fishkill to Fort Ann. to deliver up to the enemy their Women & Children that Joseph Wright above named was in said company about six weeks with this deponent.
Subscribed before
Me days ago aforesaid in open Court
Simon J. Scouter notary
Robt. Livingston
Handwritten marks and signatures

State of New York
Butcher's County of Dutchess Lee of Poughkeepsie being duly sworn deposes and says that he is well acquainted with Joseph H. Wright who has made the above declaration that he knows that the said Wright was a soldier in the Revolution in Captain George Poughkeepsie company and done duty as such at Peekskill in the year 1777 for a considerable length of time how long he can not say but has no doubt it was as long as declarant states & further deponent says that he was a soldier at Peekskill at the same time said Wright was & further says not -
Jonathan Lee
Sworn & subscribed
The day & year aforesaid
in open Court
Henry M. Graham Clerk
We the undersigned of the Town of Fishkill and Henry Martin of the Town of Poughkeepsie hereby certify that we are well acquainted with Joseph H. Wright who has subscribed to the above declaration that we believe him to be seventy years of age that he is reputed & believed in the neighborhood where he resides to have been a soldier of the Revolution and we concur in that opinion
Sworn to & subscribed Henry Martin Jonathan Lee
The day & year aforesaid
in open Court
Henry M. Graham Clerk

And We the said Court do hereby declare their opinion after the investigation of the matter and after finding the interlocutory presented by the War Department that the above named applicant was a Revolutionary Soldier & served as he states and the Court further certify that it satisfactorily appears to them that Jonathan Lee & Simon S. Scouter whose names are subscribed to the foregoing affidavits are credible persons & their statements entitled to credit & that Henry Martin & Deborah Cabrey are residents of the respective towns of Berkane & Fishkill as they state & the statements made in the affidavits to which they have signed their names are entitled to credit
I Henry J. Traver clerk of the Court of Common Pleas do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Joseph H. Wright for a pension. In testimony
Whereof I have hereunto set my hand and seal of Office this fourth day of October, one thousand eight hundred and thirty three — Henry J. Traver Clerk
State of New York Dutchess County, Lydia Henderson of the Town of Berkane and Coun- ty of Dutchess, being duly sworn deposes and says that she is seventy six years of age, that she knows Joseph H. Wright well that she knows that the said Joseph during the Revolutionary war & while he lived at Theodons Adnauer in Fishkill enlisted in the service of the United States & went away as a soldier but she has forgotten who was the captain of his company nor can she state the year but thinks that it was in 1777 as the said Joseph states. She also says that she at that time understood from the neighbors that said Joseph had been a soldier before, but of this she knows nothing except as he says at the time, that during the Revolutionary War deposited
23.239 Joseph H. Wright

lived in the same neighborhood with the said Joseph & Wright and according to the best of her recollection after he went away from Adrianus as a soldier in 1777 he was gone off on including that tour during a period of seven eight or nine months but what she can not be precise and during the times he was gone it was talked and understood that he was gone as a soldier
Subscribed & sworn
Lydia his Henderson
This 12 th day of December in the year 1833 before me
James DeLong Justice of the Peace
I hereby certify that I am well acquainted with Lydia Henderson who has subscribed and sworn to the above affidavit that I believe her to be seventy six years of age that she has lived within the last four or five years for the most part of the time in my neighborhood and that her character for truth & veracity is good & her statement entitled to credit
James DeLong Justice of the Peace
State of New York
Butcher County ss. Personally appeared before me the undersigned Justice of the Peace of the Town of Berne in the County of Dutchess the above named Joseph & Wright who being duly sworn deposes and says that by reason of old age and consequent loss of memory he can not recall who his colonels were when he served under Captains Humphrey and Bunkerhook that while he was in the service as stated in his declaration he was

not engaged in any civil pursuit that he served in the New York State Troops the periods mentioned below to wit being nearly 15 years of age in the fall of 1776 I served three months under Capt Smith & Col Vail. In 1777 I served five months under Captain Roxrans & Captain Col Dubois in Garrison. In 1777 I served one & a half months under Captain Humphrey but have forgotten the name of the Colonel of the Regiment. In 1777 & 1778 I served 3 months under Captain Pennickhoff but have forgotten my Colonel.
Sworn & subscribed the 12 th day of December 1833
His Joseph H X Wright Mark
Before me James DeLong Justice of the Peace
State of New York Dutchess County ss:
I Henry J Soaver Clerk of the County of Dutchess and Clerk of the County Courts of said County Do hereby Certify That James De Long Esquire before whom the preceding Affidavits were subscribed and sworn, was at the time when the said Affidavits were taken a Justice of the Peace in & for the said County duly commissioned & qualified - And further that I am well acquainted with the hand writing of the said Justice and verily believe the signature annexed to the said affidavits to be his genuine signature -
In Testimony whereof I have hereunto set my hand and affixed the seal of the said County this Twenty third day of December A.D. One thousand Eight hundred & thirty three -
Henry J Soaver, Clerk

John L. Delany 6 March 1874 O. C. N.Y.
Rec. Vol. 30. Ppa. 309.

War Department Pension Office March 26, 1834
Sir
The papers of Joseph H Wright have again been examined - The objections heretofore pointed out to the admission of his claim do not appear to have been removed - It is clear that he could not according to the army regulations have been enlisted or alleged in Col Dubois regiment - In the first place he was not of an age to be capable of the duties of a soldier
The case is suspended until the papers placed on file
John L. Dillay Esq. Buckman town Ditchfield New York

Act. 7. June 1832 Jos. H. Wright
Suspended
See letter to John L. Delany 6. March 1834
11897

11,897 P. O. Joseph A. Wright
Service: _____
Enlisted: REJECTED , 18
Discharged: _____, 18
Application filed: _____, 18
Alleges: List of suspended claims printed in 1852
Re-enlisted: shows cause of suspension as follows: "His age precludes military responsibility."
Attorney: _____
P. O. _____
_____ Recognized. _____ Contract
_____ Cert. of Dis. Searched for _____, 18