Revolutionary War Pension and Bounty Land Warrant Application File S. 1086, for David Provost, New Jersey

SERVICE
NUMBER
New Jersey
Provost, David
S. 1086
CONTENTS
cardinal

22.909 New Jersey
David Proost
of Middlesex in the State of New Jersey who was a Private in the Corps commanded by Captain Williamson of the Regt. commanded by Col. Nielsen in the New Jersey line for 2 years.
Inscribed on the Roll of New Jersey at the rate of 80 Dollars 00 Cents per annum, to commence on the 24th day of March, 1831.
Certificate of Pension issued the 6 th day of Decr. 1833 and settled by J. T. Randolph Pensioner.
Arrears to the 1st of Sep. 33 $ 200 Semest. allowance ending Apr. 34 40 $ 240
{ Revolutionary Claim, Act June 7, 1832. }
Recorded by E. C. Bates Clerk, Book E. Vol. 2, Page 125

27. 832
David Provoost's Application for a Pension under the Act of 1832.
Subscribed from the order of the year aforesaid
Simon Mundy Judge of Justice
John Vandevender
Original
James P. McKeever
Agent

Declaration of David Stewart of Middlesex county New Jersey in order to obtain the benefit of the act of Congress, passed June 7 th 1832 in the State of New Jersey Middlesex county ss On this twenty seventh day of August in the year of our Lord one thousand eight hundred & thirty three personally appeared before the Judge of the Inferior Court of Common Pleas of the said county of Middlesex David Stewart a resident in the township of North Brunswick in the county of Middlesex aforesaid aged eighty five years who being first duly sworn according to law on his oath subscribed maketh the following declaration in order to obtain the benefit of the act of Congress passed June 7 th 1832.
He was born on June the 7 th in the year 1747 in the township, county, State aforesaid & has a record of his age in the birth family book of his father now in the possession of his brother Jasper. He lived then when he entered the service in the revolution I lived then over fifty still resides there — He entered the service in the year 1776 having been enrolled in a regular company & ordered out at the time the enemy came into the New York harbor at Sandy Hook in Capt. Williamson's company in the regiment commanded by Col. John Neilson and at that time served under three officers a term of one month was marched to Red Bank and was engaged in that station & the building of fortifications In the year 1777 afterwards when the enemy came to Brunswick he served two terms of a month each — the first under Capt. Syatt the second under Capt. Williamson both at Amboy engaged as before in guarding that station. In the winter of 1777 when the enemy laid in Brunswick under Howe he served five months in succession, was stationed with a large party of the Jersey militia under Col. Williamson Lieut. Col. Taylor & Col. Neilson at Cranberry engaged

28 Affidavit of John Sanderson - 1870
is guarding that Station. I patrolling frequently going down along the lines protecting the inhabitants of the country & the property. During the time I make remarks that the Colonel took a detachment of the troops under S. Bennet, Bland's Company a part of them I sent them to a detachment of the regulars at Winchester under McIntosh. Afterwards in the year 1777 he served at least three times of a month each under Capt Williamson & under the supervision of Col Neilson at the Woodbridge Station engaged guarding that section of the State patrolling the lines. In the year 1778 he served at least four times of a month each under Capt Williamson was like guarding the eastern part of the State at Elizabeth Town and guarding on along there - at Applingfield I was engaged guarding that portion of New Jersey I was there engaged at the period of the battle of Brandywine. In the year 1779 he served at least four times of a month each under Capt Williamson  Simon Addis Col Neilson was engaged in East New Jersey on the west side of the Raritan guarding that section of the State and defending the disarmed families & protecting the property of his fellow citizens. In the year 1780 he served at least four times of a month each under Capt Williamson  Simon Addis was stationed on the west side of the Raritan between Elizabeth Town & Woodbridge guarding along the lines under the control of Col Neilson & defending the disarmed families of that part of New Jersey and during the summer of this year he was moved towards the East at the time King's Mountain landed below Elizabeth Town and reached Applingfield and reached Applingfield the day after the battle there. In the year 1781 he served at least four times of a month each under Capt Simon Addis

Respectfully I was stationed in the eastern part of New Jersey between Elizabeth Town I remain engaged in that section of the State guarding along the lines shielding the defenseless families of his fellow inhabitants. The property during the year specified he served more than he has particularized but cannot at this time more particularly specify and altho' I cannot speak positively to the precise length of all his service yet I have no doubt that he served not less than the period upon mentioned Solway, in the grade of a private. He does not recollect the names of any of the regular officers who were with the troops with whom he served except those before mentioned. He never received any written discharge from the service nor has he any documentary evidence of his services but as to his character in vicinity refers to the Rev David Purdie or Eugene I Davis Esq. residents in his vicinity who can attest to his character. His belief of his services in the Revolution was as to those services he refers to Abraham Bennett, sen. Senior Addison Esq. officers serving soldiers of the Revolution who can fully establish his claim to compensation besides whom I does not know of any, or the living witnesses. During all the time upon specified he has actively engaged in the service of his country, has not engaged in any civil pursuit and in order to receive what he thinks he deserves he will only add that he hereby relinquishes every claim whatever to a pension or annuity except the present I declare that his name is not on the pension roll of any Agency of any State.
John H. Moore Esq. The day before appointed Peter P. Henry Esq. judge
his David B. Purdie mark

We Davis Pender & Clugyman and Davis Fitz Randolph — both residents of the County of Middlesex State of New Jersey do hereby certify that we are well ac- quainted with Davis Pender who has subscribed Oath to the foregoing declaration — that we believe him to be eighty six years of age — that he is respected & beloved in the neighborhood where he resides to have been a soldier of the revolution & that we concur in that opinion — David Pender Subscribed Oath to — A day of year aforesaid D. Fitz Randolph Peter P. Pennypacker Judge
Personally appeared before the Judge aforesaid — Abraham Bennett in the eighty seventh year of his age a soldier of the revolution — a sergeant during the war in receiving his pension as such who being duly sworn on his oath of faith that he is has been well acquainted with Davis Pender who has signed Oath to the foregoing declaration from early life — that they were brought up together were attached to Capt. Williamson's company, & that during the war Capt. Addis was elected Captain in the room of successor to Capt. Williamson that the said Pender served in that company several terms in the years 1776 '77 '78 '79 '80 '81 & during the war — that he well remembers in certain circumstances that he served some months in the winter of '76 & '77 & has no hes- itation in saying that he was a good soldier faithful friend to his country — he remembers also that he served in the year 1780 & remembers that he served at Shippensburg nearer than the day after the battle of Shippensburg — the said that Davis Pender is a man highly esteemed in his neighborhood upon his long acquaintance to the pleasure in saying that his statement is entitled to full credit Subscribed Oath to — Abraham Bennett

On the day year aforesaid before the Judge aforesaid personally appeared Simon Addis who being duly sworn, takes oath with that he is in the 87th year of his age, and a sol- dier of the Revolution and now in the receipt of a pension as such - that he is well acquainted with David Provoost, who has since his death to the foregoing declarant has known him for seventy years having all that time lived in the same neighborhood with him - knows that said Provoost was a soldier in the Revolution and served long faithfully - recalled distinctly of his serving several months - four of five in the winter of 1780-1 at the time the British lay in New Brunswick, deponent was then an ensign in Capt. Williams's company and Provoost a private - recalled also that said Provoost served under deponent whilst he was Captain - then he thinks was in 1781 served several times - knows that Provoost served a great deal between the persons mentioned, was out repeatedly went willingly served with fidelity - knows said Provoost to be a man of most scrupulous integrity & veracity, & verily believes that his statement in relation to his revolution- ary service, falls short of the amount of service he rendered.
in 1779-1780 & 1781
Subscribed & sworn to the day year aforesaid before the Judge aforesaid Peter P. Kempeny Judge
Simon Addis

On the day of my appearance also appeared Sam Stanley, who being duly sworn, on his oath saith, that he is in the 74 th year of his age, and a soldier of the Revolution, that he be- longed to the company commanded by Capt Williamson, in the first place, and subse- quently by Capt. Alder; that he is well acquainted with David Provoost, the fore- going applicant, who belonged to the same company, that he served with said Provoost from the year 76, or the beginning of 1777, to the end of the war, recollecting him most in each and every year from 1777 to 81 or 82, and that he was regularly out on the lines from three to five and sometimes, he thinks, six in a year - that said Provoost was a good soldier, and a true Whig, and didn't fear the smell of gun powder, or the best red coat the British could turn out. He was also keen upon the scent of a Tory or refugee, and would at any time help such a scoundrel to Lynch's Law, a good rope and thirty nine, well laid on. Know said Provoost for a man of scrupulous honesty, and has no doubt of the truth of her statement in relation to her revo- lutionary services.
Subscribed Sworn to today my own appearance Peter P. Pennycuick judge
his mark I. Mac & Stanley.

And the said board do hereby declare thereupon that 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 board further certify that it appears to them that David P. Burdick who has signed the foregoing certificate, is a clergyman, resident in the neighborhood of said applicant, and that I. H. Randolph who has also signed the same is a resident of the same vicinity, and is a credible person, and that their statement is entitled to credit. And the board further certify that Aba- ham Bennett, sen, Simon S. Alder, & Isaac Standly, who have been examined as witnesses, in the case of said applicant, are credible persons, and that their statements are en- titled to credit.
Robert McHenry Puff P. Runyon J. L. Hunt Jacob Van Dike
Nicholas Bonaen Clerk of the board aforesaid do hereby certify the foregoing to be the original proceedings of said board in the matter of said David Burdick, an applicant for a Pen- sion.
In testimony whereof I have hereunto set my hand and seal of office this twenty seventh day of August one thousand eight hundred & thirty three.
N Bonaen Clerk

Certify that John Vanderventer, who has subscribed to this affidavit is a credible person and that his statement is a true & full account.
Simon Mundy
affidavit of John Vanderventer, a witness in respect since the foregoing paper was prepared.
William Lloyd
State of New Jersey Middlesex County, ss. On this nineteenth day of Sep- tember 1833, before me a Justice of the Peace in and for the County aforesaid, personally appeared John Van- derventer, who being duly sworn on his oath, saith that he is a son of the Revolution and now receiving a pension as such - that he is well acquainted with David Provoost who has subscribed to the foregoing declaration has known him for upwards of thirty years, lived a neighbor to him in the time of the Revolution, within the bounds of the same militia company and belonged to the same company but that in consequence of their having for a long time past resided a considerable distance apart, & having no intercourse they had almost forgotten each other and hardly knew which either was in the land of the living. The deponent well re- collects that said Provoost was much in service the Militia from the beginning to the end of the war. Altho' in the same company at home they were in different companies when abroad or near out of doors, deponent cannot now specify times and refer particular dates, & can only say generally that said Provoost was always on or his regular tours, and that his service lasted from 1776 to the end of the war. He has no doubt of his hav- ing served quite as much as he claims, or from his con- siderations regard to truth & justice, he is sure he would make no untruthful claim.
Subscribed to me the day year aforesaid
Simon Mundy Justice of the Peace
John Vanderventer
My seal
James P. [unclear] Agent
22.832 David Provoost application for a pension under the act of 1832.
Thereby certify that Simon Mundy is a Justice of the Peace in and for the County of Middlesex and that the above signature is his own handwriting.
Sep. 1833.
William Lloyd

INVALID.
Rev War.
File No. 1086
David Root, Pro N. J. Line.
Act: June 7, 1832.
Index:—Vol. 2 , Page 802
[Arrangement of 1870.]
✓

David Provost
Admitted Private 2 years
D. Provost Williamson Killen
J. F. Randolph New Brunswick

WAR DEPARTMENT,
Pension Office,
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, shewing the Service of David Proovs
   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.              
I am, respectfully,
Your obedient servant,
J. L. EDWARDS,
Commissioner of Pensions.

REGULATIONS UNDER THE ACT OF JUNE 7, 1832.
The following regulations have been adopted:
This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army, and to include under the terms "Continental Line," "State troops," "militia," and "volunteers," all persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, &c, Teamsters, Boatmen, &c. Persons who served on board of private armed vessels are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service.
Four general classes of cases are embraced in this law:
 1. The Regular Troops.  2. The State Troops, Militia, and Volunteers.  3. Persons employed in the Naval Service.  4. Indian Spies. 
As rolls of the regular troops in the Revolutionary War exist in this Department, all persons claiming the benefit of this law as officers, non-commissioned officers, musicians or privates, will, in the first instance, make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides. And every Court having by law a seal and Clerk is considered a Court of Record.
DECLARATION,
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
State, Territory, or District of } ss. County of }
On this day of personally appeared (a) before A. B. a resident (b) of in the county of and State, Territory or District of aged (c) years, who being first duly sworn, according to law, doth on his oath make the following declaration, in order to obtain the benefit of the provision made by the act of Congress, passed June 7th, 1832. That he enlisted in the Army of the United States in the year (d) , with and served in the (e) regiment of the line, under the following named officers :
[Here set forth the names and rank of the Field and Company Officers; the time he left the service; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers;) the town or county and State in which he resided when he entered the service; the battles, if any, in which he was engaged, and the country through which he marched. [This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.]
He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of
Sworn to and subscribed the day and year aforesaid.
A. B.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states.
I of the Court of do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of for a pension.
In testimony whereof, I have hereunto set my hand and seal of office (i) this day of &c.
If, on examination of the proper record, the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out.
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz:
(k) We, A. B., a Clergyman, residing in the and C. D. residing in (the same) hereby certify, that we are well acquainted with , who has subscribed and sworn to the above declaration; that we believe him to be years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.
Sworn and subscribed the days and year aforesaid.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that A. B. who has signed the preceding certificate is a clergyman, resident in the and that C. D., who has also signed the same is a resident in the and is a credible person, and that their statement is entitled to credit.
I, Clerk of the Court of do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this day of &c.
Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction.
If such surviving witness cannot be found, the applicant will so state in his declaration, (l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his
What is the import of "regular monthly terms"? does it mean 1/8 part of the time as was there a standing order of the Governor from the 1777 to the end of the war by which the militia were held to perform more than the regular routine service of the legal obligations to serve should be established. Fine no calculation

alleged service, as they are known at the Department. A very full account of the services of each person will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.
The Court will propound the following (m) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.
 1. Where and in what year were you born?  2. Have you any record of your age, and if so, where is it?  3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?  4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom?  5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services.  6. { To a Soldier. { Did you ever receive a discharge from the service, and if so, by whom was it given, and what has become of it? To an Officer. { Did you ever receive a commission, and if so, by whom was it signed, and what has become of it?  7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution. 
The Court will see that the answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant.
The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons—one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion. If one of these persons is a Clergyman, the Court will so certify, and they will also certify to the character and standing of other persons giving such certificates.
The traditional evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party. And the Courts are requested to be very particular in the inquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
Applicants unable to appear in Court, by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court.
Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the Peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature.
No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.
[a] The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance.
[b] The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not conforming to the rule.
[c] The age of the claimant must invariably be mentioned.
[d] The declarant must mention the period or periods of the war when he served.
[e] Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had. Every claimant must state, with precision, the length of his service, and the different grades in which he served, in language so definite as to enable the Department to determine to what amount of pension he is entitled. In a case where the applicant cannot, by reason of 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, in the militia, &c. without specifying the tours, the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must, in every case, be clearly shown under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
[f] The law makes the relinquishment indispensable.
[g] The opinion of the Court is always required.
[h] The Clerk must give his certificate in every case.
[i] The Clerk must affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he has no public seal of office, the certificate of a Member of Congress, proving the official character and signature of the certifying officer, should accompany the papers.
Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other papers authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
Proof of Service.
[j] In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses who are required to set forth in their affidavits the time of the claimant's entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
[k] The notes from [a] to [i] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in note [j] applies to continental troops only.
[l] This traditional evidence is indispensable in militia cases.
[m] If a witness cannot be found, the declarant must state the fact.
[n] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.
Specification
of service according to Claps? Some explanations of service in notes in affidavit except in the flying camp is service which requires proof of