Revolutionary War Pension and Bounty Land Warrant Application File R. 1528, Alpheus Bush, New York.

SERVICE
NUMBER
New York.
Bush, Alphus
R. 1528
CONTENTS

19/12
passim hufus 3 hufus 3 Alpheus pusilla 3
42 24 20 18 16 14 12 10 8 6 4 2
N 28
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100

State of New York Suffolk County ss
On this 28th day of December in the year of our Lord one thousand eight hundred and thirty five personally appeared before me Henry S. Williams one of the Justices of the Court of Common- Pleas of the County of Suffolk Stephen Bush a resident of the Town of Hiram in the County of Suffolk who being duly sworn according to law, doth on his oath relate the following declaration in order to obtain the benefit of the provision made by the act "to enlarge powers" June 7 - 1832.
That he was born in the Town of Woodbridge in the County of Essex in the State of Mass. on the fourth of April 1735 - and resided there until four years of age and then removed with his father's family to Somerset County where he remained until after the close of the Revolutionary war. That while the British troops lay at New Brunswick in the fall and winter of 1776-1777 he spent some time in the fall of 1776. He thinks he was or died out as a ma- litia man under Captain Philip Van Ness and was marched to Elizabeth Town point and there done duty three months. That while the English Troops lay at New Brunswick they way grew and horses of his father were pressed into the service of the Continental army and he the said Stephen went with them and a place called Boundbrook and Camden there and in that neighborhood three months carrying supplies for the Army. That he there before or after this stayed in the Church way but thinks it was in the fall after the Battle of Red Bank, he performed a line of duty for some months at Elizabeth Town point under Captain John Schuyler and there remained until the end of the war.
3- 3- 9-

Since I am thought by the friends from Major Dyer ... the ... of Springfield in Mass. ... the ... the ... before the ... was ... around ... he was under the command of Captain Sam Taylor ... out about ... a few days after that he was ordered out on a months tour of duty and performed it at Pawtucket under the ... After this he was again ... of duty at Elizabeth Town point ... sent at what place ... Towards the close of the ... occupied ... ... as to ... ... in ... ... Captain ... performed ... called ... ... at North ... ... the ... often ... that his bodily infirmities are such that he cannot ... this declaration without great inconvenience, and pain, in consequence of weakness in his limbs, and without other ... his health ... subject to ... in the head, to that degree as sometimes ... to confine him to his bed. ... every claim what ever to a pension ... the present and declares his name is not on the pension

roll of the agency of any state. - Sworn and subscribed this 5th day of December 1832. before me Elizabeth Williams
State of New York Steuben County ss } I, from the County of Steuben being duly sworn, say that to the best of my knowledge and belief the above named Stephen Bush from the town of Honeoye, was at the time of my being a boy to school with him, about the year 1800, during the Revolutionary war, and that he was about thirteen years of age at the time, and that he was at Elizabeth Town at the time. - That on other occasions during said war it was reported and that afterwards he served on other occasions in said war. - And he further says that he has heard and read of the above details since and has no doubt that the services therein detailed have been justly and faithfully reported.
Sworn to and subscribed this 5th day of December 1832 before me Elizabeth Williams  I, from the County of Steuben being duly sworn, say that to the best of my knowledge and belief the above named Stephen Bush from the town of Honeoye, was at the time of my being a boy to school with him, about the year 1800, during the Revolutionary war, and that he was about thirteen years of age at the time, and that he was at Elizabeth Town at the time. - That on other occasions during said war it was reported and that afterwards he served on other occasions in said war. - And he further says that he has heard and read of the above details since and has no doubt that the services therein detailed have been justly and faithfully reported.  Elizabeth Williams

We James Taylor and Andrew Harpending - the former of Yates and the latter of Steubenville hereby certify that we are acquainted with James Cook who has subscribed and sworn to the above certificate, and believe him to be of the age he states therein. That he is a man of fair character and standing, and his statement entitled to credit.
Sworn to before me this 5th day of December 1832. before me
James Taylor Andrew Harpending
Henry Williams
James Cook, being first sworn, deposes and says that he is the person who has subscribed and sworn to the above certificate, and that the facts therein contained are true to the best of his knowledge, information and belief. He further certifies that James Taylor and Andrew Harpending who have made the above certificate are personally known to him and are credible persons, and that their statements are entitled to credit. And I do further certify that it appears satisfactorily to me that the bodily infirmities of the said applicant are such that he cannot attend, without danger to himself, in open court to make the above declaration. Given under my hand this 5th day of Dec. 1832.
Henry Williams

State of New York Steuben County ss
I, David Rumsey Clerk of the County of Steuben do hereby certify that Henry S. Williams before whom the foregoing pro- ceedings have been had was at the time, and still is an of judge of the Court of Common Pleas of the said County of Steuben. And I do further certify that I am well acquainted with the hand writing of the said Williams; and that his name affixed to said proceedings is his own proper signature. Given under my hand & seal of office this Twelfth day of December 1832.
David Rumsey

Nov 19 1878
Stephen Bush Herkimer County New York
W.J.
Washington N.Y. Nov 19 1878
Cornwall
Maxwell Agent Elmira N.Y.
James Taylor Agt. Peru N.Y. Herkimer Co. N.Y. Yates County New York

WAR DEPARTMENT,
Pension Office,
24 Octbr 1832,
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 Stephen Bush Steuben 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.     Ord d 1775 3 Private Capt Vanorsdall Elizabeth Town Point 78 Years Living Witness   3 Teamster to Bonaire Somerset Co New Jersey Traditionary   9 Private Capt Lebring Capt Van Wyke Maj. Ployed Lt. Meeting   1 7 " do. Elizabeth Town Point   1 " do Powleshook   1 " do Elizabeth Town Point   1 " do Bridge Town   1 " do Beth-anby  
I am, respectfully,
Your obedient servant,
J. L. EDWARDS, Commissioner of Pensions.
Teamster not provided for by the act of June 7, 1832 - his team service was in Continental line for additional off.

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) _____, who has 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
Official record of this case in the War Department

will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County, in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.
The Court will propound the following (m) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.
 1. Where and in what year were you born?  2. Have you any record of your age, and if so, where is it?  3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?  4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom?  5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services.  6. { To a Soldier. } Did you ever receive a discharge from the service, and if so, by whom was it given and what has become of it? { To an Officer. } Did you ever receive a commission, and if so, by whom was it signed, and what has become of it? 
7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution.
The Court will see that the answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant.
The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons -one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion. If one of these persons is a Clergyman, the Court will so certify, and they will also certify, to the character and standing of other persons, giving such certificates.
The traditional evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party. And the Courts are requested to be very particular in the enquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
Applicants unable to appear in Court by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court.
Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature.
No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.
[a] The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance.
[b] The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not conforming to the rule.
[c] The age of the claimant must invariably be mentioned.
[d] The declarant must mention the period or periods of the war when he served.
[e] Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had. Every claimant must state, with precision, the length of his service, and the different grades in which he served, in language so definite as to enable the Department to determine to what amount of pension he is entitled. In a case where the applicant cannot, by reason of 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.
[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, — done
24
This is to certify that the foregoing is a true copy of the original on file in the War Department. In witness whereof, the undersigned has hereunto set his hand and affixed his seal this 14th day of June, 1832.
Daniel D. Davis Exam Clerk

328 REJECTED
P. O. Wheeler Bush
Service: _____
Enlisted: _____, 18
Discharged: _____, 18
Application filed: _____, 18
Alleges: _____
Re-enlisted: _____
Attorney: _____
P. O. _____
_____ Recognized. _____ Contract.
_____ Cert. of Dis. Searched for _____, 18

New York
Rev. —
Alpheus B. [obscured]
Suspended on let to Th Massill - July 13 1836.
Hons. S.P. Ellsworth June 6. 1835. Names June 24 th
2. 14
Act 7 th June 1832.

Orde June 12 - '46
My Dear Sir
The party interested in the enclosed paper is one of your constituents (Mr Bush), please enclose the paper to the Comr. of Pensions & ask a report made to you &c - Truly Your friend Abad Joy
Hon SS Ellsworth MC
Hon J Edwards Comr Pensions
No Rep, 17 June 1846
In its turn please answer letter Abad Joy Esq, Orde N 4 on Yrs truly
W. Merritt

In the case of Alpheus Bush to whom reference is made in a letter from the Pension Office under date of July 13 1836 - it is suggested that the Rolls of Capt Seabing mentioned in another letter dated June 6 th 1846 - had not at the date of the first letter (1836) filed his rolls in the Pension Department, therefore a review of the case at this time, may explain the objections, as Capt Seabings rolls may be found on file, Capt Seabing died in Ovid N. York

Eliza by July 6 July 11 M
free
Hon. J. H. Edwards
Com. Penna
Washington

Elmira NY
July 4 1836
Hon J. Howard,
fr
I forward the papers of Stephen Bush heretofore made out by J. Taylor Esq. and now transferred to me. He supposes that he has answered the objections made at yr. office.
Yrs &
J. H. Maxwell

Dear S. P. Edwards Commissioner of Pensions.
Sir
I have appointed Leonard Day of Bridgeport New York agent to act in all things for me - - - in procuring or investigating Alpheus Bush's claim to a pension  as the only surviving child of A. Bush Dated May 25th 1886
John A. Bush
Alpheus Bush applied under law 1832 from New York.
Please give a copy of the Service claimed by Alpheus Bush, & a copy of the decision made to granting him a pension

State of New York Herkimer County ss
On this 28 th day of November in the year of our Lord one thousand eight hundred and thirty three before me James Taylor an Examiner in Chancery for the State of New York first really appeared Stephen Bush a resident of the Town of Lyons in said County who being duly sworn says that he is the John person who on the fifth day of December last past made his declaration in order to obtain a pension before Henry S. Williams Esquire a Judge of the Court of Sessions of said County. — and this deponent further says that the said Service in that declaration stated was performed under the following circumstances. — Genl. Lincoln from Connecticut with his Troops was lying at a place called Middle Brook in Somerset County New Jersey and passed into his Service the waggon and horses of the father of this deponent who by the direction of his father went with them, and continued in this Service with the Continental Troops, three months as stated in his said declaration. —
That in his said declaration he mentions a period of nine months Service performed at Elizabethtown point continuously. — In explanation this deponent says that he did perform the Service as there stated but alternately one month for himself and the next for a substitute for others and he remembers the name of one of those for whom he served as a substitute was "Sammons Oliver" the rest he cannot recollect. — and this deponent further says that he knows of no one living by whom he can prove his Service

Rev. Bush, that his so daily pilgrimage was such that he cannot perform the same and he has no means of doing so. They are to do so for him. - That in answer to the several interrogatories prescribed by the War Department his answer - further says -
2 d That he was born at the time & place mentioned in his declaration.
3 d In addition to what is stated in his declaration he states that when he left New Jersey after the Revolutionary war he removed to Dutchess County N.Y. where he lived three years - thence to Albany, Hartford Connecticut where he resided four years - thence to Jersey - thence to Dutchess County - thence to Ontario County N.Y. - thence to his present residence -
4 th In answer to this he arrogantly he cannot be more explicit than he has been -
b. He has no recollection of ever having a rectitude charge. And that although further says that by reason of old age and the consequent loss of memory he cannot be more particular as to the length of time and place of service and the other particulars than he has been in his declaration and connection with this affidavit - That he has no acquaintance with any clergyman near him from whom he can procure the usual certificate. - Nor he did have his Revolutionary services to his knowledge been a subject of conversation even in his own family for many years prior to the passage of the Law under which he now claims a pension.
Sept 24. BUSH
I do hereby certify that the 28 th day of November 1883 before me, and I certify that the said Bush is a credible person & his statement entitled to credit.
J. S. [unintelligible] or [unintelligible] In [unintelligible]

I George Sherman Clerk of the Court of Common Pleas of the County of Yates do hereby certify that James Taylor before whom the annexed affidavit purports to have been made was at the time an Examiner in Chancery and as such duly qualified to take affidavits to be read in the Court of Chancery - and I further certify that I am well acquainted with the hand writing of the said Taylor and do believe his signature thereunto affixed to be in his own proper hand writing -
Given under my hand & seal of office the 4 th day of December 1833. -
George Sherman Clerk