Revolutionary War Pension and Bounty Land Warrant Application File S. 767, for Stephen Tompkins, New Jersey

SERVICE
NUMBER _____
New Jersey
14 Tompkins, Stephen or Tompkins
S. 767 ✓
barded ✓
CONTENTS

13.265 New Jersey
Stephen Tompkins of Essex in the State of New Jersey who was a Private in the Company commanded by Captain _____ of the Regt. commanded by Col. Van Cortlandt in the New Jersey line for 2 years
Inscribed on the Roll of New Jersey at the rate of 80 Dollars _____ Cents per annum, to commence on the 4th day of March, 1834.
Certificate of Pension issued the 1 day of June 1833 and sent to Reynolds Patterson N.J.
Arrears to the 4th of Mar. 1833 $160.00 Semi-ant. allowance ending Sept 110.00
$270.00
{ Revolutionary Claim, } { Act June 7, 1832. }
W. Clagett Clerk,
Recorded by Book 6
Vol. 3
Page 133

23733
Stephen Tompkins Essex County New Jersey
Adm 2 years $80
A. Reynolds Paterson New Jersey

WAR DEPARTMENT,
Pension Office,
183
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 subjunct 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 Stephen Tompkins Essex Co.
N. Jersey
   Period when the service was required. 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.     Vol. 1776 2 not less than priv. Col. Van Cortlandt. Col. Gencart now col. Maj. Heays 83 New-Caledonia N.J. Traditionary Living Witness  
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 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 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 place 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 [j] 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.
Rhulon Leek

Stephen Tomkins
23733
The result of the within application to be com- municated to A. Reynolds Paterson New Jersey

State of New Jersey County of Essex } On this 5 th day of November A.D. 1832 personally appeared before me Abra- ham Reynolds a Judge of the Court of Com- mon Pleas in and for the County of Essex Stephen Tompkins a resident of the Town- ship of Acquaackanunk in the County of Essex and State of New Jersey, aged Eighty three years, and in consequence of bodily infer- mity is unable to appear in open Court Who being first duly sworn according to Law doth on his oath make the following declara- tion in order to obtain the benefit of the act of Congress passed June 7 th 1832. That he was born in that part of the Township of Newark now called Caldwell, on the the 10 th of January 1749 at which place he contin- ued to reside until the Revolution. That the record of his age is contained in the Bible and family record originally kept by his father, and that the said Bible is now in his possession. That he entered the service of the United States in the time of the Revolutionary War under the following named Officers and served as hereinafter stated That he first entered the service as a volun- teer in the summer of 1776, and performed one months service under Captain Elijah Squire on Long Island in the State of New York. That he performed several months long of service under Captain Thomas Williams That he performed at least two months long of service under Captain Isaac Gilliland Lieutenants Edwards and Latta belonged to the same Company. That he performed at least three

several monthly tours of service under a Cap- tain Purson thinks his Christian name was Josiah or Matthias. That he performed two several monthly tours of service under Captain Jonathan Poirier That he perform- ed at least two several monthly tours of service under Captain Joseph Meker. That he performed one monthly tour of service un- der Captain Ab-ner Spur. That he performed at least six several monthly tours of service under Captain Elijah Igles. That the princi- pal Field Officers whom he now recollects by name, and under whom he recollects to have served are Col Van Courtlandt Col Spencer and Major Hays. That he was engaged with the enemy in the several battles at Spring- field and Connecticut Farms, also at the Fresh Swamp near New Brunswick and at Red- bank. That during his said service he was doing duty on Long Island in the State of New York also at the Town of Bergen at Bergen Point Hackensack Paterson New- ark Elizabeth Town - New Brunswick and vari- ous other places in the State of New Jersey. That he was in the service of the United States as a volunteer and drafted Militia Soldier, from time to time from the commencement of the Revolutionary war to the end thereof. That by reason of old age and the conse- quent loss of memory he cannot swear positively as to the precise length of his service. That he cannot swear positively as to all and every time and place of his said service but solemnly charges the truth to be that he served under each of the several the before

named officers and verily believes that he served under other Captains, whose names he cannot now recollect. That he served in all not less than two years, a portion of which time he was doing duty in the capacity of a non Commissioned Officer. That he cannot swear positively as to the precise length of his service in that grade and therefore Claims a Pension for his said service as a private Soldier.
That he was doing duty at the Town of Newark at which time and place he saw General Washington, Sterling, Putman and Lee, and on which occasion Genl Washington, addressed the Troops then in camp, urging the necessity of the Jersey Militia being continued in the service (particularly as the service of the nine months men had at nearly, or was very nearly expired) That he together with many others of the Jersey Militia pursuant to the request of Genl Washington, was immediately marched to New Brunswick and thinks it must have been at the time when Genl Washington was retreating from York Island towards Trenton.
That he has no documentary evidence. That he has no recollection of ever having received either a written or printed discharge. That he never served as a substitute. That since the Revolutionary War he has resided in the County of Essex State of New Jersey, and that he now continues to reside in the same County. That John Lee, Thomas Bellon, Caleb Ward

my fellow Soldiers during a portion of his said service.
He hereby relinquishes every claim to a pension or annuity, except the present one and declares that his name is not on the pension roll of the agency of any State or Ter- ritory in the United States.
Sworn & Subscribed the Day and Year as aforesaid
A. Reynolds
for Stephen Tomkins mark
We John Deyoe — a Clergyman residing in the Township of Livingston in the County of Essex and State of New Jersey, and Lewis Wilcocks residing in the Township of Sequatchie in the same County do hereby certify that we are well acquainted with Stephen Tompkins who has subscribed and sworn to the above declaration. That we believe him to be Eighty three years of age, that he is reputed and believed in the neighbour- hood where he resides to have been a Revolutionary soldier, and that we concur in that opinion.
Sworn and Subscribed this 7 th day of November 1832 before me.
A. Reynolds
John Deyoe Lewis Wilcocks

Essex County S.S. On this 7 th day of November 1832 personally appeared before me Abraham Reynolds a Judge of the Inferior Court of Common Pleas in and for the said County. Abraham Speer aged eighty five years and being duly sworn according to law deposeth and saith that he was a Captain of the Essex Militia and in the service of the United States the greater portion of the time during the Rev- olutionary war. And this deponent further saith that during the said Revolution - he was well acqu- ainted with Stephen Tomkins who is now applying for the benefit of the act of Congress passed the 7 th of June 1832. That he very frequently saw the said Stephen Tomkins bearing arms in the service of the United States at various times and places during the time of the Revolution. And this depo- nent further saith that he has a distinct recol- lection and knows that the said Stephen Tomkins was a member of a Company under his com- -mand at separate stations, and at different seasons of the year consequently he verily believes that the said Stephen Tomkins must have performed at least two several monthly tours of service under his immediate command. And this deponent fur- ther saith, from the knowledge he had of his said service and the high opinion of the said Applicant's integrity that he believes all that the said Stephen Tomkins has set forth in his said declaration is true.
Sworn and subscribed at the house of Abm Speer the day & year abovenamed
Abraham Speer
A. Reynolds

State of New Jersey } County of Essex S.S. }
In this 5 th day of November 1832. Personally appeared before me Abraham Reynolds a Judge of the Inferior Court of Common Pleas in and for the County of Essex Thomas Walton resident of the said County of Essex who being duly sworn deposeth and saith that he is now in the ninety fourth year of his age. And that he well well acquainted with Stephen Tomkins who is now applying for a pension, during the whole of the Rev- olutionary War. And this deponent further saith that he frequently and at various times and places saw the said Stephen Tomkins under arms and doing duty in the service of the United States. And that he has a distinct recollection and knows, that the said Stephen Tomkins was on several occasions in the service under Captain Elisha Spicer and that this deponent was a fellow soldier and also belonged to the same company during the same time. And this deponent further saith that from the best of his recollection and belief the said Stephen Tomkins performed several monthly tours of service in the same companies to which this deponent belonged in the time of the Revolution. Sworn and subscribed before me at Livingston the day and year aforesaid.
Thomas his Walton mark
A. Reynolds

I John Seed resident of the Township of Livingston in the County of Essex and state of New Jersey aged seventy nine years do hereby certify that I am well acquainted with Stephen Tomkins who has subscribed and sworn to the foregoing declaration in order to obtain the benefits of the Act of Congress passed June 7 th 1832. And I do further certify that I have a perfect recollection and full knowledge of the said Stephen Tomkins having been in the service of the United States at various times and places during the Revolutionary war. And do clearly believe that the said Stephen Tomkins was in service as aforesaid not less than two years. Sworn and subscribed the 3 rd 5 th day of November 1832 before me John Seed A. Reynolds
I Abraham Reynolds before whom the foregoing proceedings were had and taken do hereby state my opinion after the investigation of the matter and after putting the interrogatories prescribed by the War Department that the before named applicant was a Revolutionary soldier and served as he states. And I do further certify that John Deryee who has signed one of the preceding certificates is a clergyman resident of the township of Livingston in the County of Essex and that Lewis Wilcocks who has signed the same is a resident of the Township of Pequannock in the same County. And that he is a credible person and that their statement is entitled to credit. And I do further certify that Thomas Walton John Seed and Abraham Pease who have subscribed to the several preceding certificates & affidavits are credible persons and that their statement is entitled to credit. And I do further certify that by reason of bodily infirmity the said Stephen Tomkins was unable to appear in open court consequently the said examination was taken at his own dwelling.
Nov r 7 th 1832
A. Reynolds

State of New Jersey County of Essex } ss I Elias Vein Arsdale Jr. Clerk of the Inferior Court of Common Pleas in & for said County of Essex do hereby certify that Abraham Reynolds Esq. before whom the foregoing proceedings were had & taken in the matter of the Application of Stephen Tompkins for a pension, at the time of taking the same was & still is one of the Judges of said Court duly commissioned & sworn, that I am acquainted with his handwriting & that the signatures "A Reynolds" subscribed to the foregoing Declaration, Affidavits & Certificates are the genuine signatures of the said Judge - In Testimony whereof I have hereunto set my hand & seal of Office this ninth day of October November A.D. Eighteen hundred and thirty two —
Elias Arsdale Jr. Clerk

Stephen Conkins
Payments to be made at Trenton N Jersey by the Pres Trenton Banking Co Agent for paying Pension- ers, in the Agency of New Jersey
#767
Recorded in the Pension Of- fice, in Book E Vol. 3 Page 133 by W Clagett Clerk.

WAR DEPARTMENT.
Revolutionary Claim.
I certify that, in conformity with the law of the United States of the 7th June, 1832,
Stephen Tompkins of the State of New Jersey who was a Private in the Army of the
is entitled to receive Eighty dollars and cents per annum, during his natural life, commencing on the 4th of March, 1831, and payable semi-annually on the 4th of March, and 4th of September, in every year.
GIVEN at the War Office of the United States, this Sixth day of June one thousand eight hundred and thirty- three
John B. B. Secretary of War.
Examined and Countersigned. }
J. L. Edwards
Commissioner of Pensions.

July 2. 1833 Sept 7. 1833
Paid to H. Mar 1833 Paid to H. Sept 1833
12. 26 3/4

Rev War
INVALID.
File No
7607 Stephen Pumphrey Phila. Pa.
Act
June 7 1832
Index:—Vol.
a Page 376
[Arrangement of 1870.]
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