Revolutionary War Pension and Bounty Land Warrant Application File R. 9523, for Abraham Shoemaker, Pennsylvania

SERVICE
NUMBER
Penn
Shoemaker Abraham
R. 9523
CONTENTS
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18167
Gideon Cartwright Tioga county New York
e
Intended for return of original declaration
See Cartwright's depos. for Abraham Shoemaker
Hon. Mr. Halsey Elijah Shoemaker Nichol New York

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 subjained 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. 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.
A Statement, shewing the Service of Ezekiel Hartshorn, Esq., 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.     Drafted 1779 to the close of the war 4 Indian Spy Capt Vannet Lieut Vanauker Colonel Stroud along the Delaware river towards its source 71 Northampton, Penn. Tradition 3 living witnesses prove his services as set forth in his declaration.  
I am, respectfully,
Your obedient servant,
The service alleged can't be treated as a continuous service.
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) 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 grandeur.
[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 in note [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.

34.409 Abraham Shoemaker Declaration N.Y.
H. Maxwell agent Elmira N.Y. Jan 30.

State of New York Chemung County ss } On this first day of January 1838 before me Jacob Westlake one of the judges of the Court of Common Pleas of the said County of Chemung personally appeared Abraham Shoemaker a resident of the Town of Erin in said County aged seventy nine years & upwards 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. 1832.
That during the war of the revolution he resided in the County of Northampton in the State of Penn- sylvania, in what was then termed the Delaware or Minisink Frontier. That great alarm and fear was constantly entertained by the Inhabitants of that frontier of Indian incursions; attacks were frequently made on the Inhabitants, by the Indians & Tories; and troops were kept embodied for a great part of the revolutionary contest for the defence of that frontier. Several forts were erected along the Delaware frontier at which troops were stationed, from Pennsylvania & New Jersey. among them was one called Brink's Fort at which the troops taken from Stroud's Regt were stationed -
Early in the Spring of 1777, on the first day of April as he believes, he volunteered as one of a company commanded by Capt. John Van Ellen, and taken from Col Jacob Stroud's Regt. of Northampton Militia, to defend Fort Brink for the season & continued in service at that fort until fall on the first day of December 1777 as he verily believes -
He rendered similar service under Capt Van Ellen at the same fort from April to December of the years 1778, 1779 & 1780, making according to the best of his knowledge & recollection (after having carefully reflected thereon) eight
32 nd months service in each of the years '77 '78, '79 & '80

for which he claims a pension -
In answer to the Interrogatories directed by the War Department to be propounded to Pension applicants he says
1 That he was born in Delaware Township Northampton County Penn a on the 1 st June 1758. 2 He has no record of his age - 3 He lived in Northampton Co Penn a when called into Service. resided there for many years after the war, when he removed to Wyoming, and from thence to his present residence in Chemung late Tioga County where he has resided for 25 years past - 4 He volunteered as above stated - 5 The names of the officers under known to him at the time time of his service were those under whom he served Col. Shoud & Capt. Van Etten & the officers of the Jersey Troops who served on the same frontier, Col Rosenkran, Maj. Westbrook, Capt. Hoover & Lieut. John Swartwood who was an officer under Hoover, in Westbrook's battalion which was specially assigned for the defence of the said frontier - 6 He never received a discharge in writing - 7 The names of the persons who know him & can testify to the truth of his statements & his general character are Genl Jacob Swartwood of Cayuga, John Shoemaker of Erin, Daniel Swartwood of Cayuga & James Swartwood of Erin all in the said County of Chemung. He has no documentary evidence of his services & refers to the affidavit hereto annexed for proof of them -
We hereby relinquishes every claim whatever to a pension or annuity, except the present & declares that his name is not on the pension roll of any state - and further the deponent saith

not. Sworn before me the 1 st 1 st Jan'y. 1838.
Abraham Shoemaker
Jacob Westlake Judge Chemung Com. Pleas NY
We John Shoemaker & James Swartwood both of Cayuga & Erin in the county of Chemung do hereby certify that we are well acquainted with Abraham Shoemaker who has subscribed & sworn to the foregoing affidavit & declaration; that we believe him to be of the age he represents therein; that he is reputed & believed in the neighborhood where he resides to have been a revolutionary soldier & that we concur in that opinion.
Sworn & subscribed } before me the 1 st } January 1838 }
John Shoemaker James Swartwood
Jacob Westlake Judge of Chemung Com. Pleas NY
Chemung County ss I Jacob Westlake one of the Judges of the court of Common Pleas of the said County of Chemung in the State of New York do certify that on the day mentioned in the foregoing paper the above named Abraham Shoemaker appeared before me at my residence & made oath to the foregoing declaration. That the said Abraham Shoemaker is aged & very infirm & cannot in my opinion without great inconvenience attend the next sitting of the court of said County, his residence being about 23 miles distant from the place where the courts are held

I further declare my opinion after the investigation of the matter and after putting the questions proposed prescribed by the War Department that the above named applicant Abraham Shoemaker was a revolutionary soldier & served as a captain. I further certify that John Shoemaker and James H Hartwood who have signed the preceding certificate as residents of the town of Horners Grinnell are reputable men, and their statements entitled to full faith and credit —
Dated Jan'y 1 st 1838
Joseph Westlake
Chemung County } Clerk's Office ss }
I certify that Jacob Westlake Esq. whose name is above subscribed was when the foregoing certificate bears date a Judge of the Court of Common Pleas of said County duly sworn & authorized by law to act as such. That his several signatures above & within subscribed (three) are genuine.
Attest my hand & seal of office the 1 st Jan'y 1838
J. Wallis Clerk

State of New York
Chemung County ss
General Jacob Swartwood of Cayuga in said County being only from Says that his age is Seventy Six years and upwards that during the revolutionary war he resided in Northampton county Penn a  until about the year 1777 then removed to the opposite side of the river Delaware in the State of New Jersey, but a short distance from his former residence. that he then knew Abram Shoemaker whose declaration is annexed -and has known him ever since - That the said Shoemaker was engaged in the service on the Delaware frontier in Capt. Van Etten's company in Col. Shoudy's Regiment of Northampton militia and as this deponent verily believes was so engaged in service from Spring to fall of the year 1777. 1778. 1779 & 1780.
This deponent was in similar service on the same frontier under Capt. Hoover in Maj. Westbrooks battalion of Jersey troops from before me
the Second day of Jan 1838
the said Jacob Swartwood being in my opinion a credible witness —
Jacob Swartwood
Charles Patchin } S.P.

Chemung County ss. Daniel Swartwood of the Town of Erin being sworn says his age is seventy other years upwards: that he knew Abraham Shoemaker whose declaration is annexed, during the revolutionary war the deponent served in Hooper's company in Westbrook's battalion of Jersey Troops on the Delaware frontier, in the during the greater part of the war. That he verily believes the said Abraham Shoemaker served in Capt. Van Etten's company of Penn s militia at Brink's fort from Spring to fall of the years '77, 78, 79 & 80.
He has known said Shoemaker ever since & his residence during the war being near him, he consequently had opportunities of personal observation. The deponent is a pensioner under the act of June 1832
for services rendered under Capt. Hooper in said Westbrook's battalion - Sworn before me the
second day of Jan 1838
the said Daniel Swart- wood being in my opinion a credible witness who for want of corroboration may be relied on as to his material facts
Charles Patchine
Daniel his Swartwood mark
{ S.P. }

State of New York Chemung County Clerk's office }
I Isaac Baldwin Clerk of said County do hereby certify that Charles Patchen Esq. before whom the annexed affidavits of Jacob Swartwood & Daniel Swartwood were taken was when they severally purport to have been made a Justice of the peace of said County duly commissioned & sworn: and that his signatures to the said affl's are genuine. Witness my hand & Seal of office the 4 th January 1838 -
Isaac Baldwin Clk

Ex'r.
INVALID.
REJECTED
Acts of July 14, 1862, and March 3, 1879.
95 203
P. O.
Abraham Shoemaker
Service: _____
Enlisted: _____, 18
Discharged: _____, 18
Application filed: _____, 18
Alleges: _____
Re-enlisted: _____
Attorney: _____
P. O. _____

34,409 N.Y. ✓ Let. to Isaac Maxwells, March 10, 1838. Set. to above, 26 July 1838.
9523

Thos. Maxwell July 26, 1838.
Q. e.

War Dep Pen: R July 26, 38
Sir
The deposition of Gideon Cottrigle in support of the claim of Abraham Shoemaker has been examined & filed with the other papers.
By comparing his deposition with his own declaration on file, it can not avail the claimant as it is very questionable from his papers whether the alleged service was such as entitled him to the provisions of the act of 7. June 1832.
The requirements of my letter of the 10 March last should be fully complied with if he expects a favorable decision.
Thos Maxwell Esq Elmira N.Y.

Fair Port May 23 1847 N.Y. Add. B Benj. Shoemaker
Free
L. Edwards Esq Comm. of Pensions Washington D.C.

Elmira May 17. 38
H. Edwards Esq.
Sir
I forward the affidavit of Gideon Cartwright, a pensioner of the U.S. in addition to the papers now on file in the application of Abraham Shoemaker -
Yours
(W. M. Maxwell)

State of New York
2nd a Chenango County ss } Gideon Cortright of the town of Owego in the county of Tioga & State aforesaid aged Seventy six years & upwards being duly sworn says that he is well acquainted with Abraham Shoemaker now a resident of the Town of Erin — in the County of Chenango that he knew him in the county of Northampton in the State of Pennsylvania, before and during the revolutionary war; that the said Shoemaker served during the war as a soldier in Col. Strouds regiment of Penn a militia in Capt. John Van Etten's company at various periods on the Delaware Frontier —
That he has heard the said Shoemaker's allegations of service in 1777 in said company & regiment of 8 months, and the like period of service in each of the years 1778, 1779 & 1780 and from his knowledge of the said Shoemaker's service derived from personal acquaintance with him & the fact that the deponent also served in the same company he believes the said Shoemaker's allegation of service as above stated to be correct. This deponent is a pensioner of the United States for the services rendered by him in Strouds Regiment as aforesaid —
Sworn before me the ninth day of March 1838 the said Gideon Cortright being in my opinion a credible & disinterested witness & makes his mark from want of education — A. W. Calhoun J.P.
his Gideon + Cortright mark

State of New York Tioga County Clerks Office 3 p
David Wallis clerk of the County of Tioga Certify that Andrew H Calhoun Esq Before whom the within Affi- =davit was taken was on the day of taking the same an acting Justice of the peace in and for said County of Tioga duly qualified to act as such I am well acqu-
=ainted with the hand writing of such Justice and verily believe the signature of A H Calhoun within subscribed is genuine
In Testimony Whereof I have hereunto set my hand and Affixed the Seal of the Court of Common Pleas of said Tioga County the 16th day of March AD 1838
David Wallis Clerk

copy
War Department
Pension Office
March 10, 1838.
Sir:
The papers of Abraham Shoemaker have been examined and placed on our files.
He asserts a claim for about 8 mos. service in each of the years of 77, 78, 79 and 80 under Capt Van Etten and Col. Stroud on the Delaware frontier. If the service in question be truly set forth as the continuous military organization and duty of an embodied corps in actual service for 8 mos. within in a year it is conclusive that he was not performing the duties of a militia man but must have been enlisted under special Acts authorizing enlistments for that term in each year. He should describe the forts occupied, their distance from the residences of the officers and men, the number of companies embodied, their daily discipline, how quartered, paid and subsisted, and produce the laws authorizing such service, without full, definite and abundant evidence of his service in a corps authorized by law it will be in vain to urge a claim presented under circumstances which inspire a well founded distrust as to its character.
Thomas Maxwell Esqr., Elmira, New York.