Revolutionary War Pension and Bounty Land Warrant Application File S. 8,808, for Joshua Lane, New York

SERVICE
New York
Lane, Joshua
NUMBER
88808
CONTENTS
carded

4 570 New York
Thomas Lane
of Ulster in the State of N. York who was a Private in the Company commanded by Captain White of the Regt commanded by Col. Schuyler in the N. York line for H. M. T.
Inscribed on the Roll of New York at the rate of 46 Dollars 06 Cents per annum, to commence on the 14th day of March, 1831.
Certificate of Pension issued the 1 day of June 1835 and Ser No H. Wynkoop Albany
Arrears to the 14th of Mar. 33 $93.32 Femi-anl. allowance ending 1st of Mar. 33 23.33 $116.66
{ Revolutionary Claim, } { Apr. June 7, 1832. }
Recorded by C. Coats Clerk Book 80 Vol. 4 Page 15

Joshua Leane Ulster Co N.Y.
admitted. 14 mo. Private.
Henry Wynkoop, Kingston, Ulster Co

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 subjunctive 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 Joshua Lane
   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.     Sept 1776 2 Private Francis May Capt. Dabbs Burlington 75 years Transaction of Clergyman   1 Oct 1776 6 " Capt. Hays Fort Paterson Living witness   1 May 1778 6 " Capt. White Capt. Weymouth  
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) 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 guardian.
[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, deposes and says, 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 time, 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 he has no device or inscription by which it can be distinguished from any other seal, or if he has no public seal of office, the certificate of a Member of Congress, proving the official character and signature of the certifying officer, should accompany the papers.
Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other papers authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
Proof of Service.
[j] In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses who are required to set forth in their affidavits the time of the claimant's entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
[k] The notes from [a] to [i] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule [j] 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.

Declaration in order to obtain the benefit of the act of Congress passed the 7 th June 1832,
State of New York
Ulster County
On the Eleventh day of September in the year of our Lord one thousand eight hundred and thirty two personally appeared in Open Court before the Judges of the Court of Common Pleas in and for Ulster County, being a Court of Record for said County, Proceeding according to the course of Common Law, with a Jurisdiction unlimited in point of amount, and keeping a record of their proceedings, having a Clerk and Seal of their own, Joshua Little a resident of the town of Platte in the County of Ulster aged twenty five 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 the 7 th June 1832.
That he Entend the Service of the United States under the following named Officers and Served as herein stated.
1 st That in the summer of 1776 he was drafted as a private soldier in the Militia Service of the State of New York in the Revolutionary war. was in the Company commanded by Lieutenant Francis Way, for Two Months was stationed and employed in Building Fort Put- nam . and thinks that Col Du Bois , Commanded and directed the building of the Fort, continued in said Service building said Fort until the full term of Two Months , and was then then discharged (but received no written discharge) and he further says that he remembers no person alive who can attest to the above named Service
And he further declares that about the first of October in the year 1776, immediately after the above named Service, he Volunteered as a private soldier in the said Service of the State of New York, under

6 mos
These Laws
the Command of Colonel Hays, Commissary. was Stationed in the town of Fishkill Dutchess County as a guard to the Commissary Stores, under the Command of the said Col Hays, and Continued there in said Service about about four Months, when he was relieved by one Jesse Lane for One Month, when he again returned in said Service as a guard after and Continued there until about the first of May following (1777) and was then there discharged by Colonel Hays, Making a Service of Six Months
6 mos
No Witness
And this applicant further declares that on or about the first of May in the Year 1778. he again Volunteered as a private Soldier in said Service of the State of New York, in Capt Whites Company First Artillery in Colonel Wysevelts Regiment for Six Months , rendezvoused at Fishkill Dutchess County remained there about fourteen days. When he with the said Company went by water to a place called Kings Ferry. Marched from there a few Miles on the west side of the Hudson River. remained there a few days. then returned to Kings Ferry. Crossed the said Hudson River, and Marched to White Plains, remained Stationed there a few days, then he and the said Company moved and Scouted through the neighbourhood and its Vicinity until about the first of August, when he and the said Company went to the River, and went by water to Albany. Marched from there with the said Company to Saratoga, and remained there until about the first of November then next following. when he and the said Company was discharged, received a Written discharge, but has lost it, and he further declares that he and some part of said Company

and Regiment were frequently sent on scouting par- ties to Lake George and Lake Champlain to protect the inhabitants from the incursions of the Enemy.
And that applicant further declares that he knows no person alive whom he can find that can testify to the foregoing services (except the proof herewith sent) but positively declares that he has served the full term of Fourteen Months But that through age and infirmity he is not so positive as to dates and officers But he firmly believes that they are correct also —
And that he was born in Dutchess County in the Year 1757 — That he has a record of his age in his Father's family Bible That he lived in Dutchess County aforesaid when called into service. And that he lived since the Revolutionary war and that he now lives in the Town of Olive Ulster County — That he always volunteered — That he knows no officers save those mentioned That he never had a written discharge and for the 7 th Look to Certificate —
He hereby relinquishes every claim whatever to a Pension or annuity, except the present and declares that his name is not on the Pension Roll of any agency for any state —
Sworn to and subscribed } Joshua L. Loomis the day and Year aforesaid in open Court. S. H. Hardenburgh } Judge John Jansen Abn. A. Deyo

WE, Ephraim Root — a Clergyman, residing in the town of Platts in the County of Ulster — and State of New-York, and William Warren Bliss of the same town, hereby certify, that we are well acquainted with Joshua Lane — who has subscribed and sworn to the foregoing declaration; that we believe him to be Eighty six — 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.
Ephraim Root William Warren
Sworn and Subscribed, the day and year aforesaid. }
in Open Court.
A. J. Hardinburgh } Judges John Jansen } Rev. A. Deyo }
CERTIFICATE OF THE COURT.
The Court of Common Pleas in and for the County of Ulster in the State of New-York, sitting this Eleventh day of September in the year 1832 at the court-house in Kingston in said County, do hereby declare their opinion, after 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 Ephraim Root who has signed the preceding certificate, is a clergyman, resident in the town of Platts — in the County aforesaid, and that William Warren Bliss also — who has also signed the same, is a resident in the same town and a credible person, and that their statement is entitled to credit.
A. J. Hardinburgh } Judges John Jansen } Rev. A. Deyo }
I, Jacob Snyder Clerk of the Court of Common Pleas, in and for the County of Ulster in the State of New-York, do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of Joshua Lane — for a Pension.
IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of office, this eleventh day of January — 183 3 .
Jacob Snyder

Jesse Lane of the town of Woodstock in the County of and say Ulster being duly sworn doth depose that he is a Brother of Joshua Lane of the town of Olive in said County, that in the time of the Revolutionary War, the family and their father lived in the Town of Fishkill in Dutchess County - said Deponent says he is in the Seventieth Year of his age - that he well recollects that his said Brother Joshua was out in the service, and that he was absent from home in the service of his Country for three Successive seasons; but this Deponent cannot tell where or under whom he served - that his said Brother Joshua and his brother William were out as Soldiers in the American Army, and said Deponent staid home with his father on the farm - This Deponent at that time understood that his said Brother Joshua served some part of the time under Col. Hayes - and part of the time under Col. Wysen - vett - that while his said Brother was in Col. Hayes Regiment this Deponent at one time served in said Re- giment for about two weeks in his brothers stead at Fishkill in said County of Dutchess, while his brother Joshua was absent to N. Jersey on business - and in- at that time understood that his brother was in Col. Wysen vett's Regiment to the Northward in the Year 1778 -
Sworn and subscribed this his J. Jesse Lane 1 st Sep. 1832 before me mark
W. H. Hildebrandt one of the Judges of Ulster Com. Pleas -

State of New York
Ulster County ss: On the first day of September 1832 before me came Jesse Lane, to me known to be the person described in the within Deposition, and made oath to, and subscribed the same in my presence - and I do further certify that he is a man of truth and veracity, and entitled to full credit as a Witness -
D. H. Hadenburgh one of The Judges of Ulster Com. Pleas
22023
John Lane
Jesse Lane by John Lane

State of New-York, ULSTER COUNTY CLERK'S OFFICE: { ss.
I, Jacob Snyder, Clerk of the County of Ulster, and Clerk of the Court of Common Pleas of Ulster County, Do hereby Certify== That Abraham G. Hardenburgh Esquire, was on the day of the date of the Certificate to the annexed Affidavit, a Judge of the Court of Common Pleas in and for the said County of Ulster duly authorised to take affidavits, &c.; and further that I am well acquainted with the hand writing of the said Judge and verily believe the signature "Abr m G. Hardenburgh" subscribed to the Certificate or the said annexed affidavit to be genuine.
In Testimony whereof, I have hereunto subscribed my name and affixed the Seal of the said Court and County, this nineteenth day of January - 1833
Jacob Snyder
Do Yes

Rev War
8808
INVALID.
Rev
File No. 8808
Joshua Lane Rev War
Act: June 14th 82
Index: Vol. 1st , Page 215
[Arrangement of 1870.]