Revolutionary War Pension and Bounty Land Warrant Application File S. 12321, Johnson Brightman, New York

SERVICE
NUMBER
New York
Brightman, Johnson
S. 12321
carded
CONTENTS

1529 New York
Johnson Brightman
of Erie in the State of N.Y. who was a Private in the Com y commanded by Captain Wilson of the Reg t commanded by Col Hathaway in the N.Y. line for 9 months
Inscribed on the Roll of New York at the rate of 30 Dollars Cents per annum, to commence on the 14th day of March, 1831.
Certificate of Pension issued the 28 th day of May, 1833 and sent to N.Y. Hall Buffalo N.Y.
Arrears to the 14th of March 1833 $60.
Semi-ant. allowance ending N.Y. 1833 15
$75. —
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by George Taylor Clerk, Book Ee, Vol. 4, Page 15

Johnson Brightman
Declaration "
Ready 2039.8

[Declaration of a Revolutionary Soldier who served in the MILITIA, to obtain a Pension under the Act of Congress, passed June 7, 1832.]
State of New York, } On this 3 rd day of December 1832 personally appeared in open Court, before the Court of Common Pleas, now sitting at Buffalo, in said County, John Johnson a resident of Hamburg in the County of Erie and State of New York, aforesaid, aged 73 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 June 7, 1832, That he entered the service of the United States under the following named officers, and served as
He was born in the Town of Dartmouth, in the County of Bristol in Massachusetts, in the year 1759 in December. He has no Record of his age & knows of none. Was living when called into service in Dartmouth aforesaid, & during the war, but after the war he moved into the Town of Cambridge in Washington County, from thence to the Town of Hamburg in Erie County where he now resides. Has resided more than 10 years. The first of his services was in the year 1775. He was a substitute for one Joseph Cornwall who was drafted but refused to go & hired him to take his place. He entered the service at Dartmouth aforesaid, in the state Troops of Massachusetts does not remember the number of the Regiment but it was called Gen. Hancock's Regiment, for three months, under the following named officers
viz. Col. Maltbie Hathaway. Gen. Hancock does not remember his first name. Maj. Hathaway does not remember his first name. Capt. Benjamin Wilcox. Lieut. Robert Earl. Ensign Benjamin Coy. John Hicks first sergeant. Benjamin Coy second sergeant. Merick Davis (he thinks) third sergeant. Benjamin Dursby fourth sergeant. Nathaniel Cornwall first corporal. Dudley Cornwall second corporal. Anthony Amy third corporal. Gort Cornwall fourth corporal. Detached Detached Corp Drummer. Abia Cushman Fld. he says must be at Dartmouth aforesaid. Here Col. Hathaway aforesaid and immediately marched to Cambridge in Washington County in the State of New York, and from thence to Fort Edward, and from thence to Lake George where they joined the army under Col. Thomas Smith and then marched again to Fort Edward and from thence to Sandy Hill where he was discharged by Col. Thomas Smith. He entered the service aforesaid about the last of December in 1776 and was discharged about the first of April 1777. He received no discharge except a verbal discharge, and served his time out.
The next time he volunteered in the Town of Powneganset in Bristol County in Massachusetts in the year 1777. (he thinks) the last of June for two months in the State Troops of Massachusetts and served his time out at Powneganset aforesaid under the above named officers. He was verbally discharged at Powneganset (he thinks) by the Lieut. Robert Earl, but is not positive. had no battle during the time.
The next time (he thinks) he enlisted was the first of September 1777 at Easttown in Washington County in the State of New York in the State Troops of Massachusetts for two months.

in the State Troops of Massachusetts and served his time out, at Powneganset afterwards under the above named officers, he was verbally dismissed at Powneganset (he thinks) by the Lieut. Robert Carl, but is not positive, has no battle during the time.
The next time he thinks he enlisted was the First of September 1777 at Easttown in Washington County in the State of New York in the State Troops of New York for two months, does not remember the number of the Regiment, but it was called Col. Thomas Smiths Regiment under the following named officers: Thomas Smith Col. Ephraim Fisk Capt. Ebenezer Dyer Lieut. Imbrose Pease Sergeant, and went from East Town to Fort Edward and from there to Lake George & then back to Fort Edward and then to Sandyhill where he was verbally dismissed by Thomas Smith after serving his time out, as stated above. Serving for the full period of two months according to his engagement.
The next time he enlisted was in the Spring of 1778 about the First of April for two months in the State Troops of the State of New York at East Town afterwards under the following named officers: Col. Simon Deyoe, Col. Van Van Schrick, Capt. John Buscanick, Lieut. Leonard Pease, Ensign Eli Hardy, First Sergeant, Asa Badger, First Corporal Luke Chapin, Second Corporal Calvin Morris, does not remember any more of the officers names, and marched from East Town to East Town Town in the State of New York and continued there until his two months expired and was verbally dismissed by Col. Van Schrick afterwards, has no battle. Does not know of any one that he can prove his services proving by evidence he has no other documentary except what is herewith annexed to prove his services as above stated.
And this deponent further says that he cannot without great inconvenience of at all produce any clergyman before the Court of Common Pleas of the County of On to make the certificate required by the War Department or otherwise to testify in regard to his reputation as a soldier of the Revolution and that he offers Israel Dake Stephen T. P. Grays & Eliza Baker as persons residing in his neighborhood to whom he is known and who with others can testify as to his character for veracity and their belief of his services as a soldier of the Revolution.
And this deponent further states that he never received any

And this deponent further says that he cannot recollect without great inconvenience if at all produce any clergyman from the Court of Common Pleas of the County of Erie to make the certificate required by the War Department or otherwise to testify in regard to his reputation as a soldier of the Revolution and that he offers Israel Baker Stephen V. R. Grant & Eliza Baker as persons residing in his neighborhood to whom he is known and who with others can testify as to his character for veracity and their belief of his services as a soldier of the Revolution.
And this deponent further states that he never received any written discharge from the service.
And this deponent further says that the above services were rendered as a private soldier.
He recollects Col. Soper a Continental Officer Genl. Kipton Capt. Haskins, Continental Officer - can't recollect any Continental Regiments - State Regiments or militia Regiments except those above stated in which he served so as to be able at this distance of time to designate.
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 the Agency of any State,
Sworn and subscribed this day of December
1832
Johnson Brightman
Neal P. Grayson Clerk of Erie Common Pleas

we, Israel Baker ty of Erie and Stephen V. R. Graves residing in the town of Hamburg and County of Erie that we are well acquainted with Johnson Brightman who has subscribed and sworn to the foregoing declaration; that we believe him to be 75 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.
Subscribed and Sworn, this 3 rd day of December 183 2
Israel Baker
S. V. R. Graves
Noah P. Sprague Clerk of our Common Pleas,
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 Israel Baker who has signed the preceding certificate is a resident in the town of Hamburg and county of Erie and that Stephen V. R. Graves who has signed the same, is a resident of the town of Hamburg and county of Erie and is a credible person, and that their statement is entitled to credit.
I, Noah P. Sprague, Clerk of the said Court of Common Pleas, do hereby certify, that the foregoing contains the original proceedings of the said Court, in the matter of the application of Johnson Brightman for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this 3 rd day of December 183 2
Noah P. Sprague Clerk of our Common Pleas

20398
Johnson Brightman Erie county N.Y.
V. K. Hall, Buffalo, N.York.
M. O. no 01024

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 subjoined 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. Those 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 Johnson Brightman , of Erie co N.Y.
   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.     substitute for Jos. Cornwell 1776 3 private Capt Wilcox Col. H. Thorne Gen Hancock 73 Bristol co. Mass. tradition   Volunteer 1777 2 Capt Dyer Capt Buchanan Col. Smith Col. Van Schaick Fort. Edward Lake George Saratoga East Green- -wich Easttown Washington co. N.Y.   1778 2  
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 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 he 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.

Perham
12321 INVALID.
See
File No. 12, 321
Johnson Brightman Priv. Rev. War
Act: June 7 th 1832
Index:—Vol. a , Page 48
[Arrangement of 1870.]