Revolutionary War Pension and Bounty Land Warrant Application File S. 8950, for Andrew Pettee, New Jersey

SERVICE
NUMBER
New Jersey
Petree, Andrew
S 8950
CONTENTS
banded

12. 329.
16. 313
New York
Andrew Pettie
Owego — in the State of N. York who was a Private in the Comp'y commanded by Captain Gulick of the Reg't. commanded by — in the N. Jersey — " time for 12 months — " — " —
Inscribed on the Roll of New York at the rate of 40 Dollars — Cents per annum commence on the 14th day of March, 1831.
Certificate of Pension issued the 20 th day of May 1833 — " — and to Mrs. C. A. Pettie Goshen
Arrears to the 14th of Mar. '33 $ 80 Semi-ant. allowance ending 4 th Sp. '33 20 $100
Revolutionary Claim, Act June 7, 1832.
Recorded by G. C. Sikes Clerk Book E , Vol. 4 . Page 70

In the Matter of Andrew Pettie a Pensioner }
J. G. M.
1831.3
✓
acomd
12 mo pri
40 $

Otsego Co. N.Y. } Of the Term of October in the year of our Lord one thousand eight hun- dred & thirty two
State of New York } Otsego County } Be it Remembered that on the fifteenth day of October in the year of our Lord one thousand eight hundred & thirty two personally appeared in open court being the Court of Common Pleas in and for the County of Otsego in the State of New York and a Court of Record proceeding according to the principles of the common law with the power of fine and imprisonment Andrew Pettet aged seventy three years last past a Resident of the Town of Otsego and County of Otsego who being first duly sworn according to law doth depose and declare in order to obtain a pension under the provisions of the act of Congress ap- proved June 7th 1832 entitled "an act sup- plementary to the act for the relief of certain sur- viving Officers and Soldiers of the Revolu- tion" That the said Andrew Pettet in the fall of the year 1776 was enrolled in a Militia Company at the Town of South Ward of New Brunswick in the County of Middlesex & State of New Jersey commanded by Captain Jacob Gulick and in the month of September 1776 was called out for the Term of one month and Marched from the place aforesaid in a company commanded by a Captain Van Imber to Powlers-hook and re- mained there one month therein actual service as a soldier for the space of one month and then returned home & was dismissed - and this deponent fur- ther saith that in the month of March in the year 1777 this deponent was again called

out and served in the Militia at Cranberry in the State of New Jersey under different Captains whose names this deponent can not now re- collect, except the name of Jacob Gulick, for the term of three months and then returned to South ward of New Brunswick where this depo- nent then resided - and this deponent further saith that he was again called out as a soldier in the Militia on or about the month of Septem- ber 1777 and marched from the town of South- ward of New Brunswick to Elizabethtown in a company commanded by said Jacob Gulick and remained there in actual service as such soldier for the space of two months when this deponent again returned home - and this deponent doth further de- clare and say that in the month of July in the year 1778 this deponent was again called out and marched from South ward of New- Brunswick to Monmouth where this deponent remained one month in actual service as such soldier, but this depo- nent can not now recollect the name of the Captain who commanded the com- pany - and this deponent further saith that on or about the month of March in the year 1780 as near as this deponent can re- collect this deponent was again called out as such soldier and marched from South ward of New Brunswick to Spottswood in the County of Middlesex in the Township

South Amboy in a company commanded by Jacobus Gulick and this deponent re- mained at Spotswood in actual service for the space of one month when this deponent again returned home
And this deponent further saith that he resided at Southward of New Brunswick during the Revolutionary war when the Inhab- itants were in almost continual alarm and this deponent saith that he always held himself in readiness to march at a minutes warning and this deponent saith that he was frequently called out on alarms and marched to various points to protect his home- try sometimes this deponent would be absent fifteen days and sometimes ten days and this deponent is honestly of the opinion that all these periods put together would make up as much as four months that this deponent was in actual service as such soldier under various Captains and Officers whose names this deponent can not now recollect. And this deponent saith that he has no written discharge, nor hath he any documentary evidence of his service - and this deponent saith that if he is to be able to make proof of some of the above services by William Greggs of the Town of Watford and County of Otsego. This deponent was born in the month of June 1759 and saith that there was a record of his birth in the Family bible and this de-

ponent also entered in his own Bible the Record of his birth which he took from his Father's Bible - and this deponent saith that he contin- ued to reside in South Ward New-Jersey till he arrived to the age of thirty five years and then this deponent moved to Galway in the County of Saratoga where this deponent resided fourteen years and then moved to the County of Otsego where this deponent has since re- sided - and he hereby relinquishes every claim whether 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
Sworn & subscribed the day & year above said in open Court
Andrew Pett
Horace Lathrop, Clerk.

State of New York } William Griggs of the Town Otsego County } of Westford & County of Otsego and State of New York being duly sworn in open court doth depose & say that he was born in the Southwood Amboy Middlesex County and State of New Jersey, in the year 1766 and is now fifty six years old, that he was well acquainted with Andrew Pettie the who has subscribed & sworn to the above decl- aration at the time he entered the service as he has stated, and he well recollects of his leaving home for Greenbury & was absent about the length of time he has stated, and this deponent also well recollects that said Andrew was at Shatswood as he has stated that this deponent's Father and Brother Thomas Griggs & Matthew Griggs, were at Shatswood at the same time & this deponent used to go there to mill & frequently used to go at request of this deponent's Mother to see his Father and Brothers, and he saw said Pettie the same time, and this deponent has been well acquainted with the said An- drew Pettie and that he believes him

to be seventy three years of age, that it hath always been understood & believed by all that this deponent hath ever heard speak upon the subject. That said Petter served in the war of the Revolution and this deponent fully concurs in that opinion & he further saith that said Andrew Petter is a man of truth & veracity
Sworn and subscribed in open Court this 15 th day of Oct. 1832
William Griggs
Horace Lathrop, Clerk
Samuel Babcock of Middlefield and We John Russell formerly a member of the County of Otsego and Elisha Foss Judge County of Otsego and Elisha Foss Judge re- siding in the same place hereby certify that we are well acquainted with Andrew Petter who has sub- scribed & sworn to the above declara- tion that we believe him to be sev- enty three years of age and said Elisha Foss certifies that said Petter is reported & believed in the neighbor- hood where he resides to have been a soldier of the Revolution and that he concurs in that opin- ion - and we also certify that we are acquainted with William

Griffis who signed the forgoing affidavit and that he is a man of truth & veracity - and also that said Andrew Pettie is a man of truth & veracity and that full confidence may be placed in his statement.
Sworn & subscribed in open Court before me this 16 th day of Oct. 1832
Elisha Foote
Samuel Babcock
Horace Lathrop Clerk
and the said Court do hereby declare their opinion after the investigation of the matter and after put- ting the interrogatories prescribed by the order thereof, that the above named affidavit was a partment, that the above named officer was a Revolutionary Soldier and served as he states and the Court further certifies that it appears to them that John Ruppel and Elisha Foote who have signed the foregoing certificate are residents of Cooperstown Otsego County are credible persons and that their statement is entitled to the full credit
J. O. Morse } Judges Elisha Foote S. Page
I Horace Lathrop Clerk of the Court of Common Pleas of Otsego County do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Andrew Pettie for a pension - In testimony whereof I have hereunto set my hand & seal of office this 19 th day of October 1832
Horace Lathrop By S. H. C. Corp Deputy

c No. 18313
Andrew Peter Otsego County New York
round
Geo. A. Hartwell Coopers Town Otsego County New 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 subjjoined 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, showing the Service of Andrew Peter Otsego County New York
   Period when the service was rendered. Duration of the claimant's service. Rank of the claimant. Names and Rank of the Company officers under whom he served. Names and Rank of the General and Field officers. Battles in which the applicant was engaged. Country through which he marched. Place of abode when he entered the service, and age at the present period. Evidence by which the declaration is supported.   Years. Months. Days.     Enrolled Feb 1776 - 1 - private Capt. Gerlach Captain Dutcher Marched to Poughkeepsie 73 years Southward traditionary testimony certified credible, no clergyman, no reason given - papers not property attached.   Called out March 1777 - 3 - private Capt. Gerlach Marched to New Brunswick with to Elizabethton Tenn. New Brunswick six counties New Jersey   Called out Sept. 1777 - 2 - private Capt. Gerlach Marched to Monmouth   Called out July 1778 - 1 - private Marched to New Brunswick with to Elizabethton Tenn.   Called out March 1780 - 1 - private Capt. Gerlach   Applicant thinks he served at different places, about - 4 - -  
I am, respectfully,
Your obedient servant,
J. L. EDWARDS,
Commissioner of Pensions.

REGULATIONS UNDER THE ACT OF JUNE 7, 1832.
The following regulations have been adopted:
This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army, and to include under the terms "Continental Line," "State troops," "militia," and "volunteers," all persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, &c. Teamsters, Boatmen, &c. Persons who served on board of Private Armed Vessels are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service.
Four general classes of cases are embraced in this law:
 1. The Regular Troops.  2. The State Troops, Militia, and Volunteers.  3. Persons employed in the Naval service.  4. Indian Spies. 
As rolls of the regular troops in the Revolutionary War exist in this Department, all persons, claiming the benefit of this law as officers, non-commissioned officers, musicians or privates, will in the first instance, make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides. And every Court having by law a seal and Clerk is considered a Court of Record.
DECLARATION,
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
State, Territory, or District of } ss. County of }
On this _____ day of _____ personally appeared (a) before A. B. a resident (b) of _____ in the county of _____ and State, Territory or District of _____ aged (c) _____ years, who being first duly sworn, according to law, doth on his oath make the following declaration, in order to obtain the benefit of the provision made by the act of Congress, passed June 7th, 1832. That he enlisted in the Army of the United States in the year (d) _____, with _____ and served in the _____ (e) regiment of the _____ line, under the following named officers:
[Here set forth the names and rank of the Field and Company Officers; the time he left the service; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers;) the town or county and State in which he resided when he entered the service; the battles, if any, in which he was engaged, and the country through which he marched. [This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.]
He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of _____
Sworn to and subscribed the day and year aforesaid.
A. B.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states.
I _____ of the Court of _____ do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of _____ for a pension.
In testimony whereof I have hereunto set my hand and seal of office (i) this _____ day of _____ &c.
If, on examination of the proper record the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out.
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz:
(k) We, A. B., a Clergyman, residing in the _____ and C. D. residing in (the same) _____ hereby certify, that we are well acquainted with _____, who has subscribed and sworn to the above declaration; that we believe him to be _____ years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.
Sworn and subscribed the day and year aforesaid.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that A. B.
who has signed the preceding certificate, is a clergyman, resident in the _____ and that C. D., who has also signed the same is a resident in the _____ and is a credible person, and that their statement is entitled to credit.
I, _____ Clerk of the Court of _____ do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of _____ for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this _____ day of _____ &c.
Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction.
If such surviving witness cannot be found, the applicant will so state in his declaration (l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his alleged service, as they are known at the Department. A very full account of the services of each person

will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County, in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.
The Court will propound the following (m) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.
 1. Where and in what year were you born?  2. Have you any record of your age, and if so, where is it?  3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?  4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom?  5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services.  6. { To a Soldier. } Did you ever receive a discharge from the service, and if so, by whom was it given and what has become of it? { To an Officer. } Did you ever receive a commission, and if so, by whom was it signed, and what has become of it? 
7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution.
The Court will see that the answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant.
The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons -one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion. If one of these persons is a Clergyman, the Court will so certify, and they will also certify, to the character and standing of other persons, giving such certificates.
The traditional evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party. And the Courts are requested to be very particular in the enquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
Applicants unable to appear in Court by reason of bodily infirmity, may make the declaration before 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.
□ 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.

Children of Andrew Pattee of N.Y. act June 7/32.
J. L. Moore and Alld

State of New York County of Ulster
Be it Known, that on this twentyfifth day of February A. D. 1856 before me, the undersigned, a Justice of the Peace, in and for the County and State aforesaid, personally appeared Harmon Potter
resident of Westford in said County, and made oath according to law that he is the child of the identical Andrew Potter whose name, under Act of Jan 4th 1832 has been placed on the State of NY Pension Roll at the rate of Twenty Dollars per annum.
That he is credibly informed that the said Pension may and ought to be increased from its commencement and during its continuance; that he is directly interested as a claimant in said increase, and makes this affidavit to be filed with such additional evidence as my Agent may use in prosecuting said claim.
Countermanding and revoking all Powers of Attorney and authority heretofore given, I hereby constitute and appoint D. Woodhull of Washington City, my true and lawful Attorney to prosecute the claim of Andrew Potter for any amount of Revolutionary Pension, or INCREASE OF PENSION, that may be due; and for the purpose of establishing additional service by the soldier for whose military duty in the Revolution the aforesaid Pension was granted, I hereby authorize my said Attorney to apply for and obtain from State archives or other sources, certified proofs of such service. To examine all papers or documents in relation to said service on file in the Departments at Washington City or elsewhere; to file additional evidence or arguments, and to receive for my benefit the Certificate for INCREASE which may be issued in satisfaction of said claim, which certificate I wish made payable at the Pension Agency of this State; to appoint one or more substitutes under him for the purposes herein expressed, and to do all things that I might or could do were I personally present. Hereby ratifying and confirming all that my said Agent and Attorney shall lawfully do in the premises.
Harmon Potter
Sworn to, Subscribed and Acknowledged before me the day and year above written; and I hereby certify that I believe the said Harmon Potter to be directly interested in said claim as set forth, and to be the identical party therein alleged, in whose claim I am in no wise interested.
Jno. Drake Justice of the Peace
State of New York County of Ulster
It is Hereby Certified, That satisfactory evidence has been exhibited before me, Clerk of the Court of  County Court of Ulster County that Andrew Potter was a Revolutionary Pensioner of the United States, at the rate of $40. per annum,* and that he died on the 31st day of July Eighteen Hundred and fifty leaving surviving the following named ( children ) children and none other, to wit: Harmon Potter  Eleanor Showey  Anna Gillett Leah Byam  Phoebe Foster
It is further certified that Jno. Drake Esq. before whom the preceding affidavit and Power of Attorney were made and acknowledged, was at the time of so doing a duly authorized Justice of the Peace in and for said county, and that the signature purporting to be his, I believe to be genuine; and further, that in the within claim for Increase of Pension I am in no degree interested.
In Testimony Whereof, I have hereunto set my hand and affixed my seal of Office, this twenty sixth day of February 1856
G. W. Brush , Clerk
1. Name of the person making the affidavit. 2. Post Office address. 3. Relationship to the deceased, or "that she is the widow of," or "that he, she, or they are the child or children of," &c. 4. Post Office address of the person making the affidavit. 5. Name of the Act if known. 6. Give the State where pensioned. 7. Name the yearly amount received. 8. "He is," "she is," or "they are." 9. Claimant's Post Office address. 10. Magistrate's signature. 11. Here name the survivors. 12. Magistrate's name. 13. Clerk's signature. N. B.—Should two or more heirs join in the foregoing, the plural should be substituted for the singular number.

Rechar ✓
8950
INVALID.
File No. 8950
Andrew Potter
Re Rev war
Act: June 7. #32
Index:—Vol. 12 , Page 292
[Arrangement of 1870.]
✓