Revolutionary War Pension and Bounty Land Warrant Application File S. 902, for Michael Nester, New Jersey

SERVICE
NUMBER
New Jersey
Vester, Michael
S902
banded
CONTENTS
Twelve horizontal dotted lines for writing.
Twelve horizontal dotted lines for writing.

9791  New Jersey  Michael Master
of Somerset, in the State of N. Jersey who was a Private in the Continental command. by Captain Moore of the Regt. command. by Col. Ogden in the N. Jersey — line for 15 Months
Inscribed on the Roll of N. Jersey at the rate of 50 Dollars — Cents per annu to commence on the 4th day of March, 1831.
Certificate of Pension issued the 18 day of June  1833 — and Rev. Mr. Wm. D. Mackay Present
  Arrears to the 4th of Mar: 33 $  100    Semi-ant. allowance ending 4th Sep: 33  25     $125  
{ Revolutionary Claim, } { Not June 7, 1832. } G. C. Miles Clerk, Recorded by Book 6 Vol. B Page 123 

Rev War
INVALID.
File No.
903 Michael Nesten Prio N. J. Line.
Act:
June 7. 1832.
Index:—Vol.
a, Page 272
[Arrangement of 1870.]

Application of Michael Vester of The County of Somerset New Jersey for a pension
24495
If correct forward Certificate to S. A. Hartwell Simonds St. Joseph's
Having consented the time for which the within named applicant should be computed at fifteen months J. M. Woodruff Attorney

Declaration in order to obtain the benefit of the act of Congress passed June 7 th 1832.
State of New Jersey Somerset County ss. On this 18 th day of August eighteen hundred and thirty six. personally appeared in open court, before the Judges of the Inferior Court of Common Pleas now sitting at Bridgewater in said County. Michael Wester resident of the Township of Bridgewater in the County of Somerset, aged Seventy three or four years of age who being duly sworn according to law doth on his oath make the following declaration in order to obtain the benefit of the act of Congress, passed June 7 th 1832. That he has entered the Service of the United States under the following names & times and served as hereinafter stated. That in the year 1776. he volunteered at Springfield in the County of Essex & State of New Jersey under Capt. Brookfield Marched to Elizabeth Town & from there to Staten Island Thence to New York & served two months Col. Thomas Commenced his Reg. Soon after he volunteered & served a month under Capt. Norton Col. Ogden had the command. In about two months he turned out again & served another month under Capt Meeker at Elizabeth Town. After this he turned out & served a month under Capt Woodroof Marched to Bergen Point - joined the British troops Col. Ogden was there. He again volunteered & served a month under Capt Norton marched to a place between Rahway & Woodbridge Had a skirmish with some of the British who it was said came from Amboy. He again volunteered or enlisted for three months & marched to Fort Lee & from there to Fort Washington under Capt. B. Wincens. From there went to Chester Thence to the White Plains. Thence to Tappan Thence to Northbrook - Newark - Elizabeth Town Attached he thinks to Genl. Green division. He knows he marched with the Continental Troops - Genl. Wash- ington was with the Troops - He saw him at White Plains & he came with the Troops to Elizabeth Town.

After this he volunteered & served a month under Capt Wren - Marched to Elizabeth Town - The then Blazing Star & then over to States Island had a skirmish with the Refugees Again volunteered under Capt. Little in the Artillery took charge of two pieces and served with more than two years - attached to Gen. Maxwell's Division - During this time, he was stationed at Connecticut Farms Springfield - Chatham - Elizabeth Town Rahway - Spencerville was in the Battle of Springfield - saw Col. Spencer here shot The Maj. took his pistols out of the holsters - Our troops retreated up the hill that night We attacked them again next morning and drove them four or five miles
He was born at Springfield - Cant say in what month in the year 1758 - He has no documentary Evidence of his age & knows of no person whose testimony he can procure who can testify to his service. 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 - I never subscribed
My dear Friend his Michael X Nestle marks
W. H. Gaston
N.B. Spencerville refers to the Hon. Samuel L. Southard Bridge District John A. Voorhies of the Hon. J. Southard & John Lawrence etc. my neighbors, who can testify to his character for veracity -
W. H. Gaston

We the undersigned & Jacob D. Grafton residents of the Township of Bridgewater in said County of Somerset hereby certify that we are well acquainted with Michael Astor who has subscribed & sworn to the above declaration that we believe him to be twenty three or four years of age that he is a native of Ireland in the neighborhood where he resides to have been a soldier of the Revolution that we concur in that opinion we own & subscribe the day & year aforesaid  M. Astor  Jacob D. Grafton
And the said court hereby declare their opinion after the investigation of the matter & after putting the interrogatories prescribed by the War department that the above named applicant was a Revolutionary soldier & served as he states & the court believes that it appears to them that it would be inconvenient to procure the attendance of a clergyman before the court & that Jacob D. Grafton & Thomas H. Hartwell who have signed the preceding certificate are residents in said County have credible persons & that their statement is entitled to credit.
I John M. Mann Clerk of the Court of Common Pleas in & for said County of Somerset do hereby certify that the foregoing contains the original proceedings in the matter of the application of Michael Astor for a pension
In testimony whereof I have hereunto set my hand & seal of office at Bridgewater this twenty day of March AD 1833  J. M. Mann
Personally appeared before me the subscriber one of the Justices of the Court of Common Pleas in & for said County Michael Astor the above named applicant who being duly sworn according to law deposes & saith that in addition to his service above mentioned he served a month at the Short Hills in the County of Middlesex thinks he was under Lieut Woodruff - it was in the winter of 1777 Served as a Guard under Capt Skinner at the Prisoner house at Spring field, as much as four months as a draft & volunteer militia soldier - But by reason of old age & the consequent loss of memory, he cannot swear positively as to the precise length of his, but according to the best of

his recollection & belief, he served not less than the periods mentioned below in the following grades. I served as a volunteer & drafted with Colonel Elkins months & upwards & two years as an enlisted soldier, being two years & eleven months, & for such service I claim a pension - Recollections of serving under Col. Frink says was in a skirmish under him on Staten Island against the Refugees. I was & subscribed this 15 th day of June 1893. before
W. H. Gaston
Michael his X mark Vester
Application of Michael Vester of the County of Somerset Maryland for a pension
14495
It correct for me Captain E. S. H. Patrick's Division 1 st Jersey
They came the line for which the writer is a good applicant and should be considered at fifteen months service His strength still in full
State of New Jersey, County of S. John M. Morris the of the Commonwealth of Pennsylvania on being duly sworn, that William B. Foster has before him the affidavit of Michael Vester that he was in the service of the United States during the war (upon the oath) now at the time when of this is one of the persons of said County in full confidence. The foregoing affidavit was taken before me this 15 th day of June 1893.  W. H. Gaston

State of New Jersey, Somerset County G. S. John M. Morris Clerk of the Court of Common Pleas of said County do hereby certify that William B. Gorton Esq. before whom the affidavits of the said Michael Foster was taken this day (upon this leaf) was at the time when of this is one of the Judges of said County in full commission. In Testimony whereof I have hereunto set my hand & Seal of office this 15 th of June 1833. — J. M. Morris
Michael Foster of the County of Somerset New Jersey for a present mark  24495  of correct forward Certificate to S. H. H. Arthur Esq. Commissioner at law  Having consented the time for which the within copies of applicant can be computed at fifteen months for the amount of $100.00  Michael Foster  in the presence of us John M. Morris Clerk  Not in a criminal matter but in a civil matter against the defendant I claim a promise — Defendant of drawing money etc. Defendant with the desire being two upon them months & for such sum Doctor Clarke mentioned a sum of two upon as an in the following grace. I drew on a return of Doctor Clarke the restoration of being he drew not up from the present matter

24495
Michael Vester N.J.
Return a.c.
Admitted Penal. 15 months
St. Martinville Louisiana N.J. James P. Randolph Present

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. Those 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, showing the Service of Michael Vestra. N.J.
   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.     1776 volun d 2 private Capt Col Brookfield Thomas 73 - born in Essex Co. N.J. entered there and now   soon after 1 " Horton Ogden lives in Somerset Co. N.J.   " " 1 " Murkin   " " 1 " Woodroof   again volun d 1 " Horton hours of no one to   " " 3 " Wrens Genl prove his service   " " 1 " Wade no clergyman near   " " 2 " Little Genl Maxwell certificate of 2 citizen  
I am, respectfully,
Your obedient servant,
J. L. EDWARDS,
Commissioner of Pensions.
10 5 15

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 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 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 years, 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.
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.
[k] 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.