Revolutionary War Pension and Bounty Land Warrant Application File S. 10456, Matthew Clearwater, New York

SERVICE
NUMBER
New York
Clearwater, Matthew
S. 10456
carded
CONTENTS

20679 New York
Matthew Clearwater
of Orange Co in the State of New York who was a Private in the Comp. commanded by Captain Keil of the Regt. commanded by Col. Paulding in the N. York line for 21 M. Ds.
Inscribed on the Roll of New York at the rate of 11 Dollars 32 Cents per annum, to commence on the 4th day of March, 1834.
Certificate of Pension issued the 21 day of Sep. 1833 and Sarah A. Clearwater Col. Montgomery Co.
Arrears to the 4th of Sep. 33 $178.30 Semi-ant. allowance ending 4th '34 35.66 $213.96
{ Revolutionary Claim, Act June 7, 1832. }
Recorded by J. C. Stahs Clerk, Book E. Vol. 1. Page 93.
Dead
Paid at the Treasury un- der the Act of the 6. April 1838, from 4th Sep 1839 to 16th Jany 1840. the day of her death. Age notified Nov 5 Oct 1840
Paid at the Treasury under the Act of the 6. April 1838, from 4th Sep 1839 to 16th Jany 1840. the day of her death. Age notified Nov 5 Oct 1840 Orange Co. N.Y. Montgomery Co. N.Y. See vol. 10 A. 63 page 93

Matthew Clearwater
Pension Papers
Allowed
21422

State of New York
December
Orange County 3 d - On this Third day of September in the year 1832. Personally appeared in open Court before the judges of the Court of Common Pleas for said county now sitting at the Academy Court house in the Village of Haverburg Goshen in said county Matthew Clearwater a resident of the Town of Montgomery, in the County of Orange & State of New York aged Seventy six - years or thereabouts who being first duly sworn according to law deposits on his oath, make the following declaration in order to obtain the benefit of the act of Congress passed June 7 th 1832 -
That he entered the service of the United States under the following named officers & served as is herein stated - viz -
The first service which he performed was one month in the Minute Service (so called) under the command of Capt. Peter Hill at Fort Con- stitution on the Hudson River as a private -
The next service was as a private in a com- pany of New York Series commanded by Capt. William Faulkner in a Regiment commanded by Lieut. Colonel James McElroy & that he served for three months during the year 1777 -
That he enlisted as a private in a company of New York Series commanded by Capt. William Faulkner in a Regiment commanded by Lieut. Colonel Albert Pawling on the tenth day of May 1779 - and served until the first day of January 1780, making seven months & twenty one days -
That he served as a private in a company of New York Series commanded by Capt. Drake in the year 1780 - and that he served for three months - and that the service was performed in the neighbourhood of Fort Stanwix on the Mohawk River -
That once he was drafted for four months to serve under the said Capt. William Faulkner but that he was prevented by sickness from serving

during the whole of said Term -
And he further states that he does not recollect the time when the one months minute service was performed but that it was previous to the year 1777 - and that his service under Capt. William Faulkner will appear by an affidavit of said Faulkner hereto annexed, - and his service under Capt. Drake will appear by an affidavit of William Bodine also hereto annexed. And that said Bodine & Faulkner are both now dead -
And he further states that he has no documentary evidence of his service & knows of no person whose testimony he can procure who can testify to his service -
And he further states that he has no record of his age & that since the Revolutionary War he has principally resided in the Town of Montgomery County of Orange aforesaid & now resides there -
He hereby relinquishes every claim whatever to a pension or annuity except the present & declares that his name is not on the pension roll of the agency of any state -
Sworn to & subscribed the day aforesaid And this deponent further says that he served as a private under the command of Capt. John Newkirk for one month at Hunk in the County of Ulster in the year 1778 - as will appear by the affidavit of said Newkirk hereto annexed -
And further says that he served for three weeks at Rarapo under the command of Capt. Matthias Feltz on an alarm but that he does not recollect the year -
And further says not -
Sworn in open Court the day aforesaid
Head Dunning Clerk
Matthew G. Florimonte

State of New York
Orange County 3 d - We Samuel W Eager & Abraham Crish residing in the Town of Montgomery, Orange County hereby certify, that we are well ac- -quainted with Matthew Clearwater who has subscribed & sworn to the above declaration; that we believe him to be seventy six years of age; that he is reputed & believed, in the neighbourhood where he resides, to have been a soldier of the revolution, & that we concur in that opinion -
Sworn in Open Court the 28 th Dec r 1841
Isa Dunning Clerk
S. W. Eager A. Crish
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, & served as he states And the Court further certifies, that it appears to them that Samuel W Eager & Abraham Crish who have signed the preceding certificate are residents of the Town of Montgomery, Orange County, and are credible persons, and that their statements are entitled to credit -
I Isa Dunning Clerk of the Court of Common Pleas in & for the County of Orange, do hereby certify that the foregoing contains the original pro- -ceedings of the said Court in the matter of the application of Matthew Clearwater for a pension - And I further certify that Abraham Crish before whom two of the annexed affidavits were taken was at the date thereof a Commissioner authorised to take affidavits

in the said County of Orange - and that the signature of A. Grish annexed to said affidavits is in the proper hands writing of said Commissioner -
In testimony whereof, I have hereunto set my hand & seal of office this Third - day of December in the year of our Lord one thousand eight hundreds and thirty two - Asa Dunning Clerk
Matthews Clearwater
Devisors Papers
Attorneys
21922

21422
Matthew Clearwater Orange county New York
in pay roll of Capt Faulkner's B. Btry for
Admitted Private 21 mo & 12 days
152
142 64 143 5.66 178 30
Asa Dunning clk Montgomery N.Y.

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 Matthew Clearwater, Orange 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.     Drafted 1 private Capt. Hill Fort Constitution 76 tradition   do 1777 3 Capt. Faulkner Col. McLaugherty Orange co N.Y.   Enlisted 1779 + 7 21 do Col. Mather tour under Capt. Faulkner proved by his affidavit   1780 3 Capt. Drake Fort Stanwix tour under Drake by a witness.   Drafted 4 Capt. Faulkner tour under Capt. Murchick proved by himself   1778 1 21 Capt. Murchick   Capt. Fuller   21 12  
8 months of Capt. Faulkner
I am, respectfully,
Your obedient servant,
J. L. EDWARDS, Commissioner of Pensions.

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

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

Rev. Wm
10456
✓ INVALID.
File No. 10,456
Matthew Clearwater Rev Boer War
Act: June 7 th 1832
Index:—Vol. A , Page 69
[Arrangement of 1870.]

TREASURY DEPARTMENT,
Second Comptroller's Office,
October 31 st 1840.
Sir :
Under the act of the 6th of April, 1838, entitled "An act directing the transfer of money remaining unclaimed by certain Pensioners, and authorizing the payment of the same at the Treasury of the United States," The child ren of Matthew Clearwater, a Pensioner on the Roll of the New York City Agency, at the rate of Seventy one Dollars and 32 Cents per annum, under the law of the 7 th June 1832, has been paid at this Department, from the 4 th of Sept. 1839, to the 16 th January 1840. the day of his death.
Respectfully yours,
Wm. B. Harris
Comptroller.
To the Commissioner of Pensions, Present.

State of New York
Orange County 3 d ss. Abraham Crisp, of the Town of Mont- gomery, Orange County, and State of New York being duly sworn says, that he is the person before whom the annexed affidavit of William Faulkner and William Bodine were taken. That he was well acquainted with said Faulkner and Bodine in their life time and that they were both men of credibility and entitled to entire confidence and belief - and further says that he is well acquaint- ed with Capt. John Newkirk whose affidavit is also annexed and that he is a respectable citizen of the Town of Montgomery aforesaid and a man of credibility,
Subscribed & sworn this 18 th day of June 1833 before me Asa Dunning Clerk A. Crisp of said County -
Orange County ss. This is to certify that on the 18 th day of June in the year 1833, per- sonally appeared before me Asa Dunning Clerk of said county of Orange, the above named Abraham Crisp who being by me duly sworn, made oath that the facts contained in the above affidavit were true. And I do further certify that the said Abraham Crisp is a man of credibility. Asa Dunning Clerk

State of New York } Orange County } ss
John Newkirk of the Town of Montgomery Orange County & State of New York being duly sworn doth depose & say that he is acquainted with Matthew Clearwater of said Town of Montgomery - and further says that said Clearwater served as a private under the command of this deponent for one month at Hunk in the County of Ulster in the fall of 1778 - and further this deponent says not -
John Newkirk
Sworn to me this Third day of December 1832
before me - A. S. Dunning Clerk of Orange Co. Pleas

State of New York
Orange County 3 d - William Bodine of the Town of Montgomery Orange County being duly sworn says that he is well acquainted with Matthew Clearwater of said Town of Montgomery - And further says that said Matthew Clear- water served as a private in a com- pany of New York Levies commanded by Captain Drake for the full term of three months during the year 1780 - And further says that said service was performed during the Revolutionary war for the United States in the neighborhood of Fort Stanwix on the Mohawk River at Utica - And further says not - William his Bodine Mark
Orange County 3 d - On the 11 th day of June in the year 1832 - Personally appeared before me William Bodine to me known to be the person described in the foregoing affidavit and acknowledged that the facts contained in the above affidavit were true -
A. Crish
Commissioner for Orange County

State of New York
Orange County 3 d ss - William Faulkner of the Town of Wallkill in said County being duly sworn says that he commanded a Company in a Regiment of New York Levies Commanded by Lieut. Colonel James McBloughery during the Revolutionary War. and that Matthew Clearwater served as private in said Company for the term of three months during the year 1777. And he further says that he commanded a Company in a Regiment of New York Levies Commanded by Lieut. Colonel Albert Pawling engaged in the service of the United States during the Revolutionary War. and that Matthew Clearwater enlisted as a private in said Company on the tenth day of May in the year 1779. and served until the first day of January in the year 1780. and was honorably discharged. and further he says not.
Subscribed & sworn to this 3 d day of February in the year 1830. Before me.
William Faulkner
A. Crist
Commissioner de for Orange County