Revolutionary War Pension and Bounty Land Warrant Application File S. 13755, for Hendrick Litts, New York

SERVICE
NUMBER
New York
Litts, Hendrick
S. 13755
carded
CONTENTS

No. 202 New York
Hendrich Tilly
of West in the State of N. York who was a Private in the Comp. commanded by Captain Cantine of the Regt. commanded by Col. Livingston in the N. York line for 2 Years
Inscribed on the Roll of N. York at the rate of 80 Dollars 00 Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 10 day of Aug. 1835 and Supt. W. Scarbroe Kington
Arrears to the 4th of Mar. '31 $ 160 Semi-ant. allowance ending 4th of Sep. '31 140 $ 300
Revolutionary Claim, Not June 7, 1832.
Recorded by John Strick Clerk, Book 6 Vol. 43 Page 65

25459
Hendrick Sitts
Admitted
Private 24 months Dependants — $80

WAR DEPARTMENT,
Pension Office,
Aug 3 d 1833
Sir:
The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in a tabular form. On comparing these papers with the following rules, and the 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 Hendrick Litter
   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.     Vol 1776 — 5 — Private Cap Cantine 80 Testimonial evidence   dis d 1777 — 2 — " " Lieut Living Witness   Vol 1778 — 3 — " " "   1779 — 3 — " " "   1780 — 6 — " " Upon am   1781 — 9 — " Lieut Van Dyke  
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 days and year aforesaid.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that A. B. who has signed the preceding certificate is a clergyman, resident in the and that C. D., who has also signed the same is a resident in the and is a credible person, and that their statement is entitled to credit.
I, Clerk of the Court of do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this day of &c.
Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction.
If such surviving witness cannot be found, the applicant will so state in his declaration, (l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his

alleged service, as they are known at the Department. A very full account of the services of each person will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.
The Court will propound the following ( m ) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.
 1. Where and in what year were you born?  2. Have you any record of your age, and if so, where is it?  3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?  4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom?  5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services.  6. { To a Soldier. { Did you ever receive a discharge from the service, and if so, by whom was it given, and what has become of it? To an Officer. { Did you ever receive a commission, and if so, by whom was it signed, and what has become of it?  7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution. 
The Court will see that the answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant.
The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons—one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion. If one of these persons is a Clergyman, the Court will so certify, and they will also certify to the character and standing of other persons giving such certificates.
The traditional evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party. And the Courts are requested to be very particular in the inquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
Applicants unable to appear in Court, by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county; and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court.
Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the Peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature.
No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.
[a] The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance.
[b] The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not conforming to the rule.
[c] The age of the claimant must invariably be mentioned.
[d] The declarant must mention the period or periods of the war when he served.
[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.
[l] 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.

State of New York Ulster County 25459
In the matter of the application of Hendrick Litto for a Pension -
Pension Bonds -
J. V. Gaasbeek Jr. Agent & Atty
Hingham

Ulster Common Pleas
Of March term one thousand eight hundred and thirty three
Declaration in order to obtain the benefit of the act of Congress Passed June 7. 1832.
State of New York Ulster County
On the Eleventh day of March one thousand Eight hundred and thirty three personally appeared in Open Court, now Sitting, before the judges of the Court of Common Pleas in and for the County of Ulster, held at the Court house in the Village of Kingston being a Court of Record, having a Clerk and seal of their own Hendrick Sitts, a resident of the town of Esopus, in the County of Ulster and State Of New York aged Eighty Years, who being first sworn according to Law, doth on his Oath make the following Declaration, in order to obtain the benefit of the act of Congress Passed 7 th June 1832 -
That he Entered the service of the United States, under the following named Officers, and served as herein stated.
1. st That he was born in the town of Kinderhook in the County of Columbia and State of New York in the Year 1753 - 2. nd That he has no Record of his age 3. rd That when he was called into Service he lived in the town of Esopus, in Ulster County and State of New York and has ever since lived there - 4. th That he was a Volunteer, and no Substitute. was drafted and Enlisted -
And the said Hendrick Sitts Declares that that in the Year 1776 he voluntarily Enlisted as a private in the Company of Captain Moses Cantine Lieutenant Cornelius Van Kerk of New York Lines for the term of Five Months, and Served for the full

5 m 1 term of " Five " months in said Company as a private and was Stationed at Ringbridge, White Plains and Peekskill in the County of Westchester in said State and was discharged at the latter place, but received only a verbal discharge; and has no written, or documentary evidence of this term of service and that he knows of no living Witness to prove this Service
3 m 1 And the said Hendrick Sitts further says that in the Summer Of the Year 1777 he was drafted as a private in the Company commanded by Captain Hardenbergh and Served for the term of " Three " months in said Company Stationed at Fort Montgomery, until he was verbally discharged and that immediately on his return home, he was warned by one of the non commissioned officers of Captain Philip Swart Company of militia in the bat of which Company he belonged, to appear at Kingston Landing and while he did and proceeded thence to Still water and Saratoga was at the Battle of Saratoga, that this Service was " Two " months - that he was discharged at Albany after the Surrender of Burgoyne But that he received no written discharge and has no documentary evidence of this Service that he knows of no living Witness to prove this Service
2 m 1 And the said Hendrick Sitts further declares that in the Year 1778 he volunteered as a private and Served for " Three " months in the militia Company commanded by Captain Philip Swart at Peekskill in the town of Wawarsing and a Big-shanakin in the town of Shandaken at least so far as that this Service was in the fall of said Year, that he was verbally discharged by the said Captain

and that he has no documentary evidence thereof and that he knows of no living witness to prove this term of service.
And the said Hendrick Lott further declares that in the fall of the year 1779 he was drafted as a private and served in the Militia Company commanded by Captain Albert Bozardus stationed at Fish Kill in the County of Dutchess, for the term of Three months, and was there discharged verbally by the said Captain that he has not documentary evidence of this last service, and that he knows of no living witness to prove this term of service -
And the said Hendrick Lott further declares that in the year 1780, he served as a volunteer in the Company of Rangers commanded by Captain Moses Thomas, that he was a private that this service was for Six months ranging along the frontiers of the County of Ulster, and that he served for the full term of Six months in said Company and until he was discharged by the said commanding officer that he did not receive a written discharge nor has he any documentary evidence of this last-mentioned service and knows of no living witness
And the said Hendrick Lott further declares that in the 1781 he served as a volunteer in the frontier guards and was stationed on the north west frontiers of Ulster County for the term of Nine months in a detachment commanded by Lieutenant Van Deusen, as a private, that this term of service commenced in the month of April and ended in the month of January following that he was discharged at Kingston at the end of this last service by Major Van Buren.

but that he received no written Discharge from him nor has he any documentary evidence in his possession of the period, and knows of no other witness to prove this term of service.
And lastly the said Hendrick Litta declares, that he has served as a private during the Revolutionary War, but 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 period mentioned above, and in the following grades for wit. For Two Years, and Four months I served as a private and for such service I claim a Pension.
And the said Hendrick Litta further says, that General Washington commanded at New York in 1776. General Clinton commanded at Fort Montgomery in 1777. General Gates had the command at Saratoga a full year but does not remember what regular troops or militia regiments were at either of the above mentioned places.
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.
Subscribed & Sworn the day & year aforesaid
his Hendrick R Litta mark
J. D. Miller First Judge A. H. Friedmanburgh } Judges John A. Deyo }

We John Gosman a clergyman residing in the town of Kingston and County of Ulster and Peter Van Gaeusbeck residing in the town of Kingston in said County. Hereby certify that we are well acquainted with Hendrick Pitts, who hath subscribed and sworn to the above declaration; that we believe him to be Eighty Years of Age; that he is reputed and believed, in the neighbourhood where he resides, to have been a Soldier of the Revolution and that we concur in that opinion
Sworn & Subscribed the day and Year aforesaid
A Dyer First Judge Wm G Hardenburgh Abm A Deyo Judges
John Gosman
P. Van Gaeusbeck Jr
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 John Gosman - who hath signed the preceding certificate is a clergyman resident in the town of Kingston in Ulster County, and that Peter Van Gaeusbeck Jr - who has also signed the same, is a resident in the town of Kingston in said County; and is a credible person, and that their statement is entitled to credit.
A Dyer First Judge Wm G Hardenburgh Abm A Deyo Judges
I Jacob Snyder - Clerk of the Court of common pleas of Ulster County Do Hereby Certify, that the foregoing contains the original proceedings

Of the said court, in the matter of the Application of Hendrick Sitts for a pension.
In Testimony whereof I have hereunto Set my hand and affixed my seal of Office this twentieth - day of March One thousand Eight hundred and thirty three.
Jacob Snyder
Hendrick Sitts

State of New York Ulster County
3 p: Martin Post of the town of Saugerties, in Ulster County aged 71 years a soldier of the Revolution, being duly sworn deposes and saith that he is well acquainted with Hendrick Pitts of the town of Esopus in said county a soldier of the Revolution and now an Applicant for a Pension, that deponent was in the service of the United States in the Revolutionary war, and was in the company commanded by Captain Schoonmaker in Colonel Duyars Regiment of infantry stationed in fort Montgomery, and will know the said Hendrick, that the said Hendrick belonged in the company of Captain Hardenburgh, that this deponent saw the said Hendrick in said service for three months and more in said service in fort Montgomery in the year 1777. And this deponent further says, that he this deponent further says was also in said service during said war at Stillwater and Saratoga under the same officers, in the fall of the said 1777, that he this deponent saw the said Hendrick in the same service in the company commanded by Captain Swart, that the company of Captain Swart was at Stillwater before this deponent that this deponent saw the said Hendrick there for one month that the said Hendrick served as a private soldier -
3 m c
1 u
And this deponent further says that in the 1779 he this deponent served in Captain Bogardus company of infantry at Forkill in Dutchess County, for the term of three months that the said Hendrick belonged to the same company with this deponent and served at the same place for three months or more in the capacity of a private soldier and until he was discharged from said service
3
Subscribed and sworn this 30 th day of May 1853, before me J. V. G. Gossbeck Esq.
his Martin Post mark
Justice of the peace
Ulster County p: I hereby certify that I am personally acquainted with Martin Post, who was sworn by me to the foregoing affidavit

not, that he is a credible person, and that his statement is entitled to credit.
J. W. Gaasbeek Jr. Justice of the peace
State of New York 25459 Ulster County
In the matter of the application of Pension of Popes - Hendrick Little for a Pension -
J. W. Gaasbeek Jr. Agent & atty
Hudson

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 Peter Van Gaestbecke Junior Esquire, was on the day of the date of the Certificate to the annexed affidavit, a Justice of the Peace 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 Justice, and verily believe the signature " P. V. Gaestbecke Jr " ————— subscribed to the Certificate of 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 eight ————— day of June ————— 1833
Jacob Snyder

Purvis
13755 INVALID.
File No. 13, 755
Hendrich Lits
Ors New No.
Act: June 7 th 32
Index:—Vol. 1 , Page 234
[Arrangement of 1870.]

State of New York Ulster County } ss.
Frederick Dush of the town of Marbletown in Ulster County aforesaid age 71 years a Soldier of the Revolution being duly sworn deponeth and saith that he is well acquainted with Hendrick Litty of the town of Esopus a Soldier of the Revolution and now an Applicant for a pension, that this deponent was in the United States Service during the Revolutionary war and was in Captain Philip Swartz company in Colonel Paulings Regiment of Militia stationed on the frontier of Ulster County, and well knew the said Hendrick Litty, that the said Hendrick belongs to the same Company and Regiment with this deponent that this deponent saw the said Hendrick in said service for three months in the year 1778 and knows that the said Hendrick continued to serve in said company in the capacity of a private Soldier until he was discharged, and this deponent says that he always understood that the said Hendrick volunteered into said service for the term of three months - and for the truth whereof
Sworn & Subscribed this 11th day of June 1833 Before me J.V. Gausbeck Jr Justice of the peace
Frederick X Dush mark
Ulster County ss: I do hereby certify that I am personally acquainted with the above named Frederick Dush, who was this day by me sworn to the foregoing affidavit. That he is a credible person, and that his statement is entitled to credit.
J.V. Gausbeck Jr Justice of the peace

State of New York
Ulster County Clerks office Yrs: I Jacob Snyder Clerk of the County of Ulster Clerk of the Court of Common Pleas of Ulster County do hereby certify that Peter Van Gaestbecke Junior Esquire was on the day of the date of the within affidavit a Justice of the peace in and for said County duly authorized to take affidavits &c and that I am well acquainted with the hand writing of said Justice and merely believe his signature to the certificate of the said within affidavit to be genuine.
In Testimony whereof I have hereunto set my hand and seal of Office this twenty ninth day of June 1833.
Jacob Snyder