Revolutionary War Pension and Bounty Land Warrant Application File S. 10945, for Jesse Kinne, New York

SERVICE
NUMBER
New York
Kinne, Jesse
S. 10945
CONTENTS
carded

20.974 New York
Jesse Kinne
of Oswego in the State of New York who was a Private in the Cont. command by Captain Williams of the Regr. command by Col. Haper in the New York line for Eight and a half Months
Inscribed on the Roll of New York at the rate of 28 Dollars 33 Cents per annum to commence on the 14th day of March, 1831.
Certificate of Pension issued the 23 day of Oct. 1833 and Levett J. Southworth Camer
Arrears to the 14th of Apr. 31  $70.83 Semi-ant. allowance ending 1st Mch 32  14.16 $84.99
Revolutionary Claim, Act June 7, 1832.
Recorded by Book E
Vol.
6
Page
65
Clerk

2333
Jesse Kinnear Coweego. Co New York
Admitted for Private 8 1/2 mo
It applies to continental hosp or else
160 160 2833
1866 14.16 7083
J. Southworth Esq. Camden. Onida Co N. York

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 subjoined 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 Sepia Kinne. Oswego Co N.Y.
   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.     Mar 1780 " 8 15 Priv Col. Harper - Capt. Williams - Lieut. Odle - - 68 years Dutcher 60 N. York Traditionary with one 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, deposes 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 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 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.
[t] If a witness cannot be found, the declarant must state the fact.
[m] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.
Joseph Rowan Esq

23292 Miss. Pierce Pension Papers
Application before a Judge —

State of New York Seneca County } On this 23 rd day of September A D 1832 personally appeared before me Samuel Freeman a Judge of the Court of Common Pleas in and for the said County of Seneca and State of New York John Riene aged 68 years old the twenty fifth day of June, last past, who being first duly sworn, according to law, doth on his oath make the following declaration, in order to obtain the benefit of the provisions made by the act of Congress passed June 2 1832. That he entered the services of the United States under the following named officers and served as herein stated - That he was born in Charlotte Precinct (so called) in the County of Dutchess in the State of New York in the year 1764 and that there is no record of his age that he knows of - That he volunteered in March 1780 in Captain D. Williams Company of Militia the name of the first Lieutenant was Odle and the name of the 2 d Lieutenant was J. Dykeman or Dickerson and in Col. Harpers Regiment, that he so volunteered in Charlotte Precinct aforesaid from thence marched to Fish-Kill or Poughkeepsie and was there a day or so and then marched down to Fish-Kill landing and went aboard a sloop to Albany and from thence to Schenectady there he lay 8 or 10 days then we drew each man 6 days provision then we started with seven Batteaux loaded with provision up the Mohawk River to Fort Stanwix (now Rome) staid there one night and then returned to Fort Herkimer, then we lay about two months

and a half according to the best of his recollection and then a Lieutenant belonging to the Continental forces came up with a number of cattle and a few privates with him and sergeant, he proposed to assist in guarding the cattle - the name of the Lieu- -tenant was Norton, then in that way there, took the cattle and drove them up to Fort-Stanwix and then we returned back to Fort Herkimer and the said Lieutenant Norton then beat up for volunteers and all of us, out Capt. Williams, counted ex- -cept two men volunteered that the name of the Col. Wiser filed of the 4 New York Regiment Adj t General. Marched from Fort Herkimer by land to Albany thro Coeymans Schenectady and so to Albany then went aboard Sloop and then went to West point there landed; from there, by land on the West side North River to New Jersey and lay at Orange town sometime and there saw Major Andre hanged in Oct 1780 - that while we lay at Orange town our Regiment went down about six miles opp- -osite Fort Washington which was on the East side of the River staid there one night then returned back - and from thence marched back to West-point then embarked aboard a Sloop and came up to Al- -bany and then was discharged in cold weather with summer clothing on and great holes in them - that

from that place he returned home to Dutchess County aforesaid, that the whole time he was in said service was eight months and fifteen days as he believes and as he reckoned it in the time of it - that he has no witness to his service and no documentary evidence thereof, except that there is one Ambrose Swift of Herkimer County whose affidavit he has obtained, and who was a soldier with him - and that since the said War he has resided in Vermont, Manchester Bennington County from thence he removed to Mendon Herkimer Co. N.Y. from thence he removed into the town of Otsego, Co. of Otsego N.York and from thence he removed to Brookfield Madison County N.York and from thence to the town of Arboy (formerly called Williamstown) in the County of Otsego N.York where he now resides and has resided for five years past that he is known in his present neighborhood to Freeman Gillel a clergymen residing near him and also to Freeman Kinney who can testify to his character for truth and veracity and their belief of his serving as a soldier of the revolution - now - 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 the agency of any State
from & subscribed before me this 25 day of September 1832 Sam Freeman, Judge Otsego County Court,
Yeste Kinne

We Freeman Gillet a clergyman residing in the town of Williamstown and Freeman Rinne residing in the town of Amboy hereby certify that we are well acquainted with Jesse Rinne, who has subscribed and sworn to the above declaration that we believe him to be 68 years of age; that he is respected and believed, in the neighborhood where he resides to have been a soldier of the revolution and that such has long been the belief and to our knowledge never has been doubted and that we concur in that opinion —
sworn & subscribed the 25 Sept. 1832 before me
Freeman Gillet Freeman H. Rinne
Ward Freeman Judge Aswego County Courts
And I the said Judge do hereby declare my 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 I do further certify that it appears to me that Freeman Gillet is a clergyman residing in Williamstown and that Freeman Rinne residing in the town of Amboy both of whom subscribed the above certificate in my presence, and that Freeman Rinne is entitled to credit, and I consider their statements entitled to credit
Ward Freeman Judge Aswego County Courts

State of New York Oswego County Clerk's Office,
ps: I Erie Poor Clerk of the said County do hereby certify that Samuel Freeman Esqr before whom the foregoing Declaration and affidavit purports to have been sworn and also by whom the foregoing certificate purports to have been subscribed, was at the date of the same one of the Judges of the Court of Common Pleas of the said County (which is a Court of Record) And that I am well acquainted with his hand writing, and verily believe his name subscribed to the said Declaration affidavit and certificate to be his proper hand writing and signature - Witness my hand and seal of Office this 23 rd day of January A.D 1833
Erie Poor Clerk By D. M c Pherson Deputy Clerk

State of New York
Herkimer County ss. On the 18 th day of September 1832, personally came before me Frederick Getman one of the Justices of the peace of Herkimer in the County of Herkimer. I in brace Swift, who is personally to me, Makes Oath & Said that he Enlisted in the year 1780 in the month of March, In Dutchess County in the Militia for Nine Months, Under Capt. D. Williams Col. 2 d Lieut. & J. Dickerson 2 d Lieut. & under Col. Harper from there went to Pikes Hill to be Mustered where at the same time Jesse Hinney was also Mustered and they remained together in the Militia for about two months & a half as near as this deponent recollects and they both Enlisted in the Regular Service under Col. Wisenfeld & under Lieut. Horton. Service was at Albany for a Longer time where the said Hinney remained in said Regular Service with this deponent for the space of at least five months or five months & a half, according to the best of this deponent's recollection.
Subscribed & Sworn
Ambrose Swift
18 Sep t . 1832 before me
Frederick Getman J.P.
State of New York Herkimer County Clerk's Office
ss. I Julius C. Nelson Clerk of the said County do hereby certify that Frederick Getman Esquire before whom the above Affidavit purports to have been sworn was, on the day of the date of the said Certificate, one of the Justices of the peace in and for said County, and duly authorized to administer Oaths, and that I am well acquainted with the hand writing of the said Justice, and hereby believe that his name subscribed to the said Affidavit
to be his proper hand writing and signature - of Office at Herkimer this 18 th day of September 1832
Witness my hand and seal
Julius C. Nelson Clerk

Herkimer County ss. I Frederick Gushman One of the Justices of the Peace of Herkimer in the county of Herkimer do certify that I am acquainted with Ambrose Swift who subscribed and made oath to the foregoing affidavit before me on the 18th September 1832 and that his state- ment is entitled to full faith & credit Herkimer June 25. 1833
Frederick Gushman J.P.
Sir, Since this was returned I have been to Herkimer to get the Justice Certificate as to the credibility of Ambrose Swift - He was confined to his bed with a smallpox foot which he had here so ever since Oct. last - he was otherwise well and had no hesitation to certify to Swift's character - he was hardly able to write his name from the trembl- -ing of his hand. That accounts for the dissimilarity of his sign- -ature.
July 1 1833 -
J. Southworth J.P.

Rev May
10945
INVALID.
Rev
File No. 10,945
Jesse Kimm Pris Rev War
Act: Jane 7th 82
Index: Vol. a , Page 207
[Arrangement of 1870.]

State of New York Onondaga County
ss: Personally appeared before me James Southworth one of the Justices of the peace in and for said County of Onondaga, Jesse Kinsie, and applicant for a pension under the act of Congress passed June 7, 1832 (and whose declaration of which this is an amendment is hereto annexed) who being duly sworn makes oath and says that by reason of his age and loss of his memory, he can not state precisely the length of his service but according to the best of his recollection he served not up than the period menti- oned below and in the following grades For eight months and fifteen days I served as a private and for such service I claim a pension - That the reason of my not appearing in Open Court to make my orig- inal declaration was for the want of sufficient health to do it That I was living in Charlotte Precinct at the time I volunteered and that I have had a discharge but can not recollect by whom it was signed as it is lost and was lost a great many years ago that he has made endeavors to find some of his fellow soldiers but without success - that I in fact served under stated above and am needy and want the benefit of the act of June 7 1832
Sworn to subscribed before me this 4th day of July 1833 James Southworth J.P.
Jesse Kinsie

State of New York
County of Onondah ss. I Geo Brown Clerk of said County do certify that James Southworth before whom the foregoing affidavit purports to have been sworn was at the date of the same one of the Justices of the Peace in and for said County. And that I am acquainted with his hand writing thereby believe his name subscribed to the said affidavit to be his proper hand writing and signature.
Witness my hand Seal of Office at Utica in said County this 8 th day of July 1833.
Geo Brown Clerk

State of New York
Cattaraugus County
ss: J. Samuel Freeman
Judge of Cattaraugus County Court and being the same Judge before whom Jesse Kinne of Amboy in said County made his original declaration in order to obtain a pension as a Revolutionary soldier under the Act of Congress of June 7. 1832 do hereby certify that Jesse Kinne at the time of his appearing before me for the purposes aforesaid on the 25 th day of September 1832 was and still is unable to appear in Open Court by reason of his great infirmities and blindness and that the state of his health was then such as to render it improper for him to appear in Open Court—
J. Samuel Freeman Judge Cattaraugus County Court
Williamstown June 17 th 1833