Revolutionary War Pension and Bounty Land Warrant Application File S. 11,074, for Herman Minclear, New York

SERVICE
NUMBER
New York
Winchell, Herman
S. 11,074
carded
CONTENTS

New York 20087
Herman Meinclear of Ulster, in the State of N. York who was a Private in the Comp. commanded by Captain Sweet of the Reg. commanded by Col Snyder in the N. York line for 9 Mos.
Inscribed on the Roll of N. York at the rate of 30 Dollars Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 2 day of Aug 1825 and sent to Hon. H. Bodine Meoclen
Arrears to the 4th of Mar '33 $ 60 Semi-ant. allowance ending 4 Sep '33 13 $ 73
Revolutionary Claim, 3 Act June 7, 1832. 31
Recorded by G. C. Stiles Clerk, Book 80, Vol. 3, Page 68

14576
Herman Mindlaw
adm.
No 16 Oct 18 '32 11 Mar 1833 P. 289
How
J.C. Brodhead
M.C.

BRIEF in the case of  Heiman Minclous of Kingston  County of Ulster  in the State of New York  (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge? a Court  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?  3. How old is he? 75  4. State his service, as directed in the form annexed. 
   Period. Duration of Service. Rank. Names of General and Field Officers under whom he served.   Years, Months, Days.     enlisted 1 st April In 1777 4 private Gen. John Luzer Col. John Luzer Capt. Frank Schoonmaker   ditto 1778 3 Capt. Philip Swart   ditto 1778 2 " General Luzer  
 5. In what battles was he engaged? not any  6. Where did he reside when he entered the service? Kingston New York  7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls? living witnesses & traditional evidence  8. Are the papers defective as to form or authentication? and if so, in what respect? not properly attached 
I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
Chas. G. Smith Examining Clerk.  7 March 1833

14506. Herman Minclear s Pension Papers
nom nom
9 mo. pr
30 $

Declaration in order to obtain the benefit of the act of Congress passed the 7 th June 1832
State of New York
Ulster County
On the Eleventh — day of September in the year of our Lord one thousand eight hundred and thirty two personally appeared in open Court before the Judges of the Court of Common Pleas in and for Ulster County being a Court of Record for said County. Proceeding according to the course of Common Law. with a Jurisdiction unlimited in point of Amount and keeping a Record of their proceedings. having a Clerk and Seal of their own. Herman Minclear a resident of the Town of Kingston in the County of Ulster aged Seventy five 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 act of Congress passed the 7 th June 1832
That he entered the service of the United States under the following named officers and served as herein stated —
That he was Born in the town of Kingston in the County in the Year 1757. That the record of his age was in Father's family Bible. That he lived at the time he was called into Service — that he has lived since the Revolutionary war and that he now lives in the said Town of Kingston —
That he volunteered in the service of the Militia of the State of New York as a private soldier on or about the first of April 1777 in the company under the command of Capt Frederick Schoonmaker in Colonel John Suyders Regiment for Four Months and was stationed with said Company at Fort
4 Mos
William Smith
No 1

Montgomery and continued there in said service until about the first of August following when he with the said company was discharged. (but received no written discharge)
3 mos Leonard Mowens No 2
And this applicant further declares that he again volunteered in _____ 1778 in said service as aforesaid in the company of Capt Philip Smart for Three Months and was stationed at Warwarsing and continued in said service the full term of Three Months and then discharged (received no written discharge)
2 mos William Penn No 3
And he further declares that _____ (1778) he again volunteered the same as aforesaid in the company of Capt Jeremiah Bayder Lieutenant Colonel for Two Months and was stationed in the Town of Saugerties at the house of Jobias Wynkoop , as a frontier guard, and continued in said service the full term of Two Months and was then discharged (no written discharge)
Finally he further declares that through age and infirmity he may not be exactly right as to dates But he declares positively that he has served as a private soldier in the Revolutionary war for the full term of Nine Months in campaigns as above stated —

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 any agency in any State
Sworn to and subscribed } the day and year aforesaid } in open Court
His Mark Haiman Munder
C. J. Hardinbrugh } Judges John Jansen } Abr. A. Deyo }

Harman Mendeleev

WE, Abraham Whitaker a clergyman , residing in the town of Kingsport in the County of Ulster and State of New-York, and Wilhelmus Francus of the same town, hereby certify, that we are well acquainted with Herman Mielcklear who has subscribed and sworn to the foregoing declaration; that we believe him to be seventy five 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.
Abraham  his  Whitaker Wilhelmus  his  Francus marks
Sworn and Subscribed, the day and year aforesaid. }
in open Court.
A. H. Hardinburgh } Judges John Jansen } Abm A Deyo }
CERTIFICATE OF THE COURT.
The Court of Common Pleas in and for the County of Ulster in the State of New-York, sitting this twelfth day of September in the year 1832 at the court-house in Huggeton in said County, do hereby declare their opinion, after 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 Abraham Whitaker who has signed the preceding certificate, is a clergyman , resident in the town of Kingsport in the County aforesaid, and that Wilhelmus Francus who has also signed the same, is a resident in the same town and a credible person, and that their statement is entitled to credit.
A. H. Hardinburgh } Judges John Jansen } Abm A Deyo }
I, Jacob Snyder Clerk of the Court of Common Pleas, in and for the County of Ulster in the State of New-York, do hereby certify that the foregoing contains all the material proceedings of the said Court, in the matter of the application of Herman Mielcklear for a Pension.
IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of office, this twelfth day of September 1832
Jacob Snyder

State of New York Ulster County } William Smith of the town of Esopus in the County of Ulster aged 71 years a Soldier in the revolutionary war, being duly sworn deposes and says that he is well acquainted with Herman Munder also a Soldier in the revolutionary war and now an applicant for a pension
STATE OF NEW-YORK, } ss. Ulster County Clerk's Office,
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 Gaasbeek 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. Gaasbeek 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 twentieth day of September 1832
Jacob Snyder
State of New York Ulster County } Leonard Broos of the town of Esopus in the County of Ulster aged 73 years a Soldier of the revolutionary war being sworn deposes and says that he is well acquainted with Herman Munder also a Soldier in the revolutionary war and now an applicant for a pension
STATE OF NEW-YORK, } ss. Ulster County Clerk's Office,
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 Gaasbeek 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. Gaasbeek 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 twentieth day of September 1832
Jacob Snyder

State of New York
Ulster County 3d William Smith of the town of Esopus in the County of Ulster aged 71 years a Soldier in the revolutionary war being duly sworn deposes and says that he is well acquainted with Herman Munclear also a Soldier in the revolutionary war and now an applicant for a pension, and that this deponent served in the Company of Captain Frederick Schoonmaker and well knows that the said Herman Munclear belonged to and served in the said Company and that he saw him in said service for four months or more in the Year 1777 and well knows that the said Herman Munclear continued to serve in said Corp until duly discharged - and that the said Company and this deponent was stationed at Fort Montgomery and was discharged about the first of August 1777
William Smith
Sworn and subscribed before me this 12 th day of September 1832 before me - J. V. Gaesbeck Jr Justice of the peace
State of New York
Ulster County 3d Leonard Morris of the town of Esopus in the County of Ulster aged 73 years a Soldier of the revolutionary war being sworn deposes and says that he is well acquainted with Herman Munclear also a Soldier in the revolutionary war and now an applicant for a pension and that this deponent served in the Militia of the State of New York in the Company commanded by Capt Philip Swart and well knows that the said Herman Munclear belonged to and served in the said Company - and that he saw him in said service for three months in the Year 1778 and well knows that the said Herman Munclear continued to serve in said Corp until this deponent and the said Company was discharged - and that this deponent and the said Company was stationed as a frontier guard in the town of Haw- arling and Shandaken -
Leonard Morris
Sworn and subscribed before me this 12 th day of September 1832 before me - J. V. Gaesbeck Jr Justice of the peace

Wm Smith ————— 4 L. Crow ————— 3 Wm France ————— 2 for 9 M rs Herman Minckler 3
Herman Minckler 2115 1/2 1st

State of New York Ulster County
Is Wilhelmus Kramer of the town of Kingston in the County of Ulster aged 77 years a Soldier in the revolutionary war being only seven years of age and says that he is well acquainted with Herman Munclear also a Soldier in the revolutionary war and now an applicant for a pension, that the deponent was in the service of the State of New York in the Company commanded by Capt Jeremiah Snyder Lieut Hornell and well knows that the said Herman Munclear belonged to and served in the same Company - and that he saw him in said service for five months or more in the year 1778 and well knows that the said Herman Munclear continued to serve in said Corps as a private Soldier until the deponent and the said Company was discharged and that the said Company was stationed in the town of Saugerties at the house of Tobias Wynkoop as a frontier guard
STATE OF NEW-YORK, Ulster County Clerk's Office,
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 Gaasbeek 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 authorized 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. Gaasbeek 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 twentieth day of September 1832
Jacob Snyder
I affirm that he is a credible person and his statement is entitled to credit.
P. V. Gaasbeek Jr Justice of the peace

State of New York Ulster County
2 1/2 1832 3 Is Wilhelmus Franz of the town of Newburgh in the County of Ulster aged 77 years a Soldier in the revolutionary war being duly sworn deposes and says that he is well acquainted with Herman Munclear also a Soldier in the revolutionary war and now an applicant for a pension, that the deponent was in the service of the State of New York in the Company commanded by Capt Jeremiah Snyder Lieut Hornell and well knows that the said Herman Munclear belonged to and served in the same Company - and that he saw him in said service for Five Months or more in the year 1778 and well knows that the said Herman Munclear continued to serve in said Corps as a private Soldier until the deponent and the said Company was discharged and that the said Company was stationed in the town of Saugerties at the house of Tobias Nynkoop as a frontier guard
Sworn to and subscribed before me this 12 th day of September 1832
Given Having first read its contents to the above deponent. Before me P. V. Gansbuck Jr Justice of the peace
His mark Wilhelmus Franz
State of New York Ulster County
P. V. Gansbuck certify that I am personally acquainted with Wilhelmus Franz that he is a credible person and that his statement is entitled to credit.
P. V. Gansbuck Jr Justice of the peace

Rev War
11.074 INVALID.
File No. 11.074
Herman Minclear
Dis Rev War
Act: June 7 th 82
Index:—Vol. 2 , Page 258
[Arrangement of 1870.]

Human Marchia
all done

BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of Heem in Minn clear which require further proof or explanation.
I. Does the declaration show where the applicant resides? Yes II. Did the declarant make the declaration in the county where he resides? Yes III. If the applicant did not make the declaration in the county where he resides, is there any reason assigned for his not doing so? IV. Has the declarant mentioned the period or periods of the war when he served? Yes V. * Has he mentioned 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? Yes VI. Has he given the names of the officers under whom he served, in conformity with the regulations? Yes VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832? Yes VIII. Has the Court given their opinion? Yes IX. Has the Clerk given his certificate? Yes X. Is the Clerk's seal affixed? And if so, has it a device or inscription by which it can be distinguished from any other seal? Yes

 XI. Has the applicant obtained the evidence of a clergyman and another respectable citizen as to their belief respecting his age and the general belief in his neighborhood relative to his revolutionary service? No  XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it? No  XIII. If the applicant has no documentary evidence, and has not obtained the testimony of at least one living witness, has he stated in his declaration that such proof cannot be had? No  XIV. † If the applicant's name is not found on the rolls of military service, has he produced a witness or witnesses as to his service? If he has produced direct proof as to service, has the magistrate who administered the oath, certified to the credibility of the witness or witnesses? No Has the proper officer certified to the official character and signature of the magistrate as the regulations direct? Yes  XV. Does it appear from any of the papers that the witness was in such a situation, or of such an age, as to have a personal knowledge of the applicant's service? Yes  XVI. ‡ Are the papers authenticated as the regulations direct? No  XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered? Yes 
EXPLANATORY NOTES.
* QUERE V. 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 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.
†QUERE XIV. Proof of Service.
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 claimants 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.
‡QUERE XVI. 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 paper 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.
In every case where the clerk of the court, or other certifying officer, 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.
N.B. The pensioner Harman Minkler says that he did not know that it was particularly necessary to have a clergyman to attest in court to his veracity, & when he was informed of it found that the clergyman of his neighborhood had returned home from court and not being able to send for him he called on those named in his original declaration who, were well known to him and who are respectable men of neighborhood.  Henry Wykkoop agent