Revolutionary War Pension and Bounty Land Warrant Application File R. 8259, for John E Pinckney, New York

SERVICE
NUMBER
New York
Pinckney, John E.
P 8259
CONTENTS
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Blank lined area for contents entry

33.586.
Ino E Pinckney
33586

State of New York Schoharie County, } ss.
On this sixth day of June the year of our Lord one thousand eight hundred and thirty six personally appeared in open Court, before the Judges of the Court of Common Pleas of the county aforesaid, now sitting, John E. Pinkney a resident of the town and county of Schoharie and State aforesaid aged seventy five years and rising of ten months, 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 June 7th, 1832, that he entered the service of the United States under the following named officers, and served as herein stated. He firstly enlisted for for nine months, at Poughkeepsie, in the county of Dutchess and State aforesaid, in Captain Simmons' company in Col. Fishers regiment, (the names of the Lieutenant and Ensign he does not recollect) as early, he thinks, as the middle of April 1777, that they marched to Albany and joined the regiment there where they stayed about two weeks, then marched to Lake George where he remained in the service as much, he thinks, as a month and was then discharged there, on account of the small pox being in the Barracks where they were about going, which disease he had not then had, that he was then not at that time seventeen years of age. That after he was discharged he returned to Poughkeepsie aforesaid and there volunteered as early, he thinks, as the first of July, 1777, in Capt. Van Kleek's company in Col. Fryer's regiment and his impression is that it was for during the war, Elias Fryer was Lieutenant of said company and John E. Van Kleek, was Ensign. He joined the Company at Poughkeepsie and marched down to the high lands where they were stationed till after the British took Fort Montgomery, that they lay at that time on the east side of the river at the town and could not cross on account of some British vessels of War lying in the river, that after Fort Montgomery was taken the British sailed up the river above Redhook, that he and the regiment he belonged to marched on by land after them a little above Esopus, when news came that Burgoyne was taken, then the British sailed back, and he and the regiment marched down to the high lands and remained there till cold weather, and then went into winter quarters at Fishkill barracks. In the spring they went to building a fortification at the Highlands, called the North redoubt, opposite Westpoint where they kept their headquarters. That sometime during the year 1780 according to the best of his recollection one James Cooper had commenced of the company, and Col. Duhow the regiment, that Elias Van Benschoten

was Mayor, and Aaron Low, was Lieutenant of the company, and who the Ensign was he cannot recollect. Thinks that one Simeon Fayer was orderly Sergeant that after his time was out, and he was discharged, this deponent was appointed Sergeant in his place that the Ensign left the company and whether his time was out or he was discharged for some other cause he cannot say. That after he left the company, this deponent was appointed Ensign of said company, sometime in the fall of the year 1778; thinks it was in November; that the captain died after that, but how long after he cannot say, but thinks it was about a year after. The The Lieutenant was out of health and unable to do duty that he had the consumption of which he afterwards died. That from the time of the captain's death this deponent had command of the company till in the fall of the year 1782; that he also had command of the company sometime before the captain's death, but cannot say how long. That he was discharged at the North redoubt opposite West Point in the fall of 1782, but what time in the fall he cannot remember. And in addition to the names of the officers under whom he served as before stated he was acquainted with General George Clinton, General Putnam, was also some acquainted with General Green at the time he kept his head quarters below the North redoubt. That he has no documentary evidence, and that he knows of no person whose testimony he can procure in support of his services. That the annexed affidavit of his services was made by Peter Shufelt who is now dead, and J. B. More before whom it purports to have been taken is also dead.
He hereby relinquished 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. That he was born the 10 th day of July 1761, in the town of Fishkill, county of Dutchess and State aforesaid, as he has been informed by his parents and believes to be true. He has no record of his age excepting its being written in his bible taken from his father's bible, and where that is he does not know.

London July 30 1882 Office
John E. Pinkney
[Faint, mirrored handwriting, likely bleed-through from the reverse side of the page]

was well acquainted with most of the General Officers that belonged to the Army - He well recollects, when Major Andre was taken, that he and his Company at that time lay on the east side of the river, and well remembers when Andre was hung. That he frequently saw Genl. Putnam and was well acquainted with him and that he knew Genl Lee - That he never recd to his recollection any written discharge, nor has he any documentary evidence, nor does he know of any person he can procure who can testify to his service except Peter Thufelt who has made the following affidavit. That he resides 20 miles from the City of Albany where the Courts of Record for the County of Albany are held, and that he is very poor and infirm and cannot from bodily infirmity attend the Court at that distance from his home - He hereby relinquishes every claim 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, That Colo Dubois is now dead and also Major Van Benschoten who was a Major in the said Regiment -
Sworn to and Subscribed the day and year aforesaid Before me J. B. Moore Judge of Albany County Courts John E. Pinkney
State of New York
Albany County ss. Peter Thufelt residing in the town of Berne in the County of Albany and State of New York aged 77 years and upwards, being duly sworn deposes and says, that he well knows Captain John E. Pinkney the officer who has subscribed an

Inasmuch to the foregoing declaration, that he knew the said John E. Pinkney in the Revolutionary War, and that the said John E. Pinkney did some as a Captain of a Company in Colonel Dubois Regiment in the Army of the Revolution in the United States service. And this deponent further says, that some time in the year 1779 as well as he now recollects He enlisted in the said Company commanded by the said John E. Pinkney in Colonel Dubois Regiment and served in the said Company and Regiment untill the close of the said War or about four years. That during that time the said Company was principally stationed at West Point, and at other places in the Highlands, that sometimes they marched down the river, and then back again, as circumstances or the situation of the British forces required. That the said John E. Pinkney who has sworn to the said declaration is the same person he served under as his Captain, and that he well knows he is not mistaken in the man, and knows perfectly well, that he served under him from the time he joined the said Company until the close of the said War, that he well recollects also that Elias Van Benschoten was a Major in the said Regiment, and that he and Col. Dubois are both dead as he understands and believes -
Isaac H. Husted
Sworn subscribed this 21 day of July 1832 Before me J. B. Moore Judge of Albany County Courts
State of New York

Albany County ss - 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 Captain in the Revolutionary War and served as he states, And I do further certify, that I am acquainted with Peter Shufelt who has subscribed and sworn to the preceding affidavit, that he is a credible person, that he is a member of the Lutheran Church, and that his statement is entitled to full credit and belief - In testimony whereof I have hereunto set my hand the day and year aforesaid
J. B. Moore Judge of Albany County Courts
And I the said Judge do further certify that the said Applicant is unable to attend the Court by reason of bodily infirmity, and that the said Peter Shufelt who has sworn to the said Affidavit is a resident of the town of Bern in the County of Albany and State of New York
J. B. Moore Judge
State of New York,
City County of Albany, Clerk's Office ss. I Conrad A. Ten Eyck Clerk of the city, County of Albany and State of New York do hereby certify that Joseph B. Moore before whom the foregoing declaration & Affidavit was sworn and who has made the above Certificate is a Judge of the County Courts of the County of Albany and State aforesaid, and that the signature "J. B. Moore" to the said declaration, Affidavit, Certificate is his genuine signature. In testimony whereof I have hereunto set my hand and affixed the seal of the said County this 26 day of July 1832
C. A. Ten Eyck clerk

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 stated.
Thos. Benfitts.
Wm Mann Henry Shafer Maurice Judah
I Abraham A. Keyser clerk of the court of Common pleas of the county of Schuylkill do hereby certify that the foregoing contains the original proceedings of the said court in the matter of the application of John E. Pinkney for a pension.
In testimony whereof I have hereunto set my hand and seal of office, this sixth day of June 1836.
A. Keyser

Aug 8
G.P.C.
Geo. Wm. Crump, Esq.
Acting Com. of Pensions Washington
Miss
Schoharie C. H.
Aug 4 th

Schenectady N. Y. August 4 th , 1836.
Sir:
In your letter of the 20 th of last month, in relation to the claim of John E. Pinckney to a pension, you say that the applicant states that he enlisted and served nine months in Capt. Simmons company in Col. Friars regiment. — Many, no doubt, have obtained pensions wrongfully, and frauds, to a very considerable extent, have been committed upon government. But on the other hand, many, I presume, who were entitled to pensions, have not been able to obtain them for want of satisfactory evidence of their services. I know it is the duty of the person, or persons, whose business it is to decide these claims, to examine them with proper scrutiny. But I hope, at the same time, that there is not a predisposition, in consequence of frauds and false claims, to reject any without a thorough and candid examination. Now, unless I have committed some unaccountable error in writing down Mr. Pinckney's declaration, and reading the same to him before sworn to, then it is not stated in it, as in your letter, that he served nine months in Capt. Simmons company, nor is it stated that the company was in Col. Friars regiment, but on the contrary you will find, by adverting to the declaration, that it is stated in it that the company belonged to Col. Fisher's regiment, and that they joined the company or regiment at Albany, where they stayed about two weeks, then marched to Lake George, where he remained in the service as much as a month (instead of nine months) and was then discharged on account of the small pay being in the barracks, which he had not had. He was not acquainted with the Lieutenants and Ensigns names, sufficiently so as to remember them. But in all the other cases, I believe, he has given the names of all the officers, excepting in one case he had forgotten the name of an ensign. He has also given the duration of each term of actual service and the places where rendered. Now, your stating, in your letter, that "the regulations require that the duration of each term of actual service be specified, as well as the place or places where each was rendered, and the names of the officers in each tour," would seem to carry the idea that these things had been omitted, and leads me to believe, that in connection with other circumstances, that this case had been misapprehended. Pinckney states that as soon as he was discharged from Capt. Simmons company he returned to Poughkeepsie and there volunteered, as early as July '77, in Capt.

Van Kleek's Company, in Col. Fryer's regiment; and his impression was that it was for during the war. He states that Elias Fryer was Lieutenant, and John G. Van Kleek Ensign, and then he goes on with a relation of his services, &c. That some time during the year '78, according to the best of his recollection, One James Cooper, had command of the company, and Col. Dubois the regiment. That Elias Van Benschoten was major, and Aaron Low was Lieutenant &c. Pinckney states that he was appointed orderly sergeant in the place of Simeon Fryer, and in the fall of '78 was appointed Ensign. The Captain died, and Lieutenant was sick, and Pinckney had command of the company some time before the Captain's death, till in the fall of '82. Now, his services as commander of a company from the year '79, to the close of the war, stands proved by Peter Shufelt, a man of unimpeachable veracity, who served in the same company during that time, and probably drew a pension for the same services, for, I understand, he was was a pensioner at the time of his death. A claim proved by one credible witness, is, in all courts of law, sufficient to warrant a recovery for the amount proved, be it ever so great: and the testimony of one credible witness, is also sufficient is sufficient to authorize the conviction of a man for an offence which would imprison him for life, or hang him; and to say it is not sufficient to prove the services of an old revolutionary soldier, would be denying him the benefit of legal which evidence which any others would be entitled to, and amount to but little less than an absolute repeal of the pension law, and a virtual defeat of the benevolent which congress had designs, when they passed the act.
If all his other services are laid out of the question, I cannot conceive how those proved to have been rendered, can be rejected without a departure from the settled rules of law and evidence. Courts have a right to make rules regulating practice, &c. but these rules are not to be at variance with the rules of evidence established by legislative enactment, or sanctioned by immemorial usage. If the law required the testimony of two witnesses to authorize a conviction for treason or perjury, it by no means follows that courts and juries have a right to exact the testimony of two witnesses to support a charge for work labor and services. Now, if a jury should give a verdict in ten successive cases, and it should afterwards appear that the claim in each case was unjust, and had been supported by perjury, and the same jury were sworn to try another cause, of the same nature, and the claim was proved, by one witness who stood unimpeached, could they reject the claim upon the supposition that this demand was

also false, and that the witness had sworn falsely or was mistaken? certainly not. They would be bound to find for the plaintiff for the amount proved without regard to what had taken place previously; so in regard to the case of Pinckney, false claims and perjury in other cases, if any there have been, ought not to influence an unfavorable impression or decision against him. We know that these things operate upon the mind insensibly, and sometimes influence our opinions when we think we act entirely free. I know that these cases are decided with a desire to administer perfect justice, and to arrive at it in some of them, must be very difficult. It may be objected that Pinckney's name is not found on record, and that that is presumptive evidence against him; but I want to submit whether it ought to make against him, seeing that returns are wanting in most cases, and in some very defective where made. But admitting returns were made in all cases, and that they were generally correct, yet this presumptive evidence must yield to positive proof. This, I believe, is a principle of law which cannot be controverted. I hope this case will receive a reexamination and as favorable a decision as the evidence will warrant.
I am, very respectfully, your Obed't Serv't
Elias Holliday
Geo. Wm. Crump Esq. acting com. of Pensions

DEPARTMENT OF THE INTERIOR,
BUREAU OF PENSIONS.
Washington, D. C., _____, 19____
In reply to your request of _____, received _____ for a statement of the military history of John E. Penicknag a soldier of the REVOLUTIONARY WAR, you will find below the desired information as contained in his (or his widow's) application for pension on file in this Bureau.
   DATES OF ENLISTMENT OR APPOINTMENT. LENGTH OF SERVICE. RANK. OFFICERS UNDER WHOM SERVICE WAS RENDERED. STATE.   CAPTAIN. COLONEL.     Apr. 1777 1 mo. Pvt. Simmons Fisher N.Y.   July 1777 Van Kleek Fear   1778 James Cooper Dubois      
Battles engaged in, _____
Residence of soldier at enlistment, at Poughkeepsie, N.Y.
Date of application for pension, June 6, 1836
Residence at date of application, Schoharie, N.Y.
Age at date of application, July 10, 1760 at Fishkill, Dutchess Co., N.Y.
Remarks: He was living with his son in 1836 at Schoharie, N.Y. no name is stated.
The claim was rejected on the ground of insufficient proof of the alleged service as required by Act of June 7, 1832 under which he applied.
Respectfully,
Commissioner.
Name not found on N.Y. books

New York. 33.586
Bro. E. Pinckney Suspended
Letter July 20. 1836 to Elias Holiday signed Aug. 10. 1836
8259

1914 Apr. 14. Hist. to Rev Harrison M. Pinckney. S.P. 1914 Dec 5 Rev. H. M. Pinckney that he has already been furnished.
Acts of July 14, 1902, and March 3, 1873.
REJECTED
8289
P. O.
John C. Pinckney
Service: _____
Enlisted: _____, 18
Discharged: _____, 18
Application filed: _____, 18
Alleges: _____
Re-enlisted: _____
Attorney: _____
P. O. _____
_____ Recognized. _____ Contract
_____ Cert. of Dis. Searched for _____, 18

Rev. War Section.
December 4, 1914.
Rev. Harvey M. Pinckney,
Walthill, Neb.
Sir:
In response to your letter of the 28 th ultimo, you are advised that the record of John E. Pinckney. R. File No. 8,259, Rev. War, was sent you April 14, 1914, and it is not the practice of this Bureau to furnish more than one such statement to the same person.
It is not stated in said claim that the soldier was enrolled as Jonathan Pinckney.
Very respectfully,
Commissioner.

Methodist Episcopal Church
Harvey M. Pinckney, Pastor
Arapahoe, Neb. April 6, 1914.
Commissioner of Pensions, Washington, D.C.;
Dear Sir;
I am seeking to trace the war record of my great-grand-father John Pinckney, and of his father neg Ezekiel Pinckney. They were residents of eastern New York, - I think they lived in Duchess Co., Albany Co. or Schoharie Co., but am not positive. Family tradition is that John Pinckney entered the patriot service at the age of 16, being first a teamster, but afterward and until the close of the war was a member of Washington's personal guard. Any information concerning either of the above will be gladly received.
Yours resp'y,
H. M. Pinckney