Revolutionary War Pension and Bounty Land Warrant Application File R. 2133, Joseph Cole, New York

SERVICE
NUMBER
New York
cole, Joseph
R 2133
CONTENTS

Joseph Coles of Ballston for a Pension
reasons for omitting to have a clergyman Satisfactory to the Lord J. C.
19.598

State of New York County of Saratoga § ss,
On this first day of January 1834 Personally appeared in open court before the Court of Common Pleas in & for the said County of Saratoga now sitting at Ballston Spa in said County - Joseph Coles of Ballston in said County aged seventy-two 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 herein stated.
1. To the question, Where and in what year were you born? He answers, In Courtlands Manor, Westchester County in the State of New York July 21 st 1761 2. To the 2 nd question, Have you any record of your age, and if so where is it? He answers & says, he has no record of his age, 3. To the 3 d question. Where and in what year were you living when called into service; where have you lived since the Revolu- tionary War, and where do you now live? He answers and says, that during the Revolu- tionary War, he resided in Stephen Town, in Rensse- lan County in the State of New York (except when in actual service of the United States as herein after stated) where he lived until the year 1780 when he moved to Ballston in Saratoga (then Albany County) in said State

where he has lived ever since, and where he now lives, to the 4 th question
How were you called into service; were you Drafted, did you Volunteer, or were you a Substitute, and if a Substitute, for whom?
He answers and says, In 1776, 19 th  May  August when he lived at Stephen Town in the county of Rensselaer & State of New York, he entered into the Service of the United States as a Volunteer private In Captain Ichabod Simeon's Company of Infantry in Col- onel R. A. Van Rensselaer's Regiment of New York State Militia, the said Colonel lived at Fort Rensselaer — Joel Pease was Lieutenant.
That One half one Company of the belonging to said Regiment Militia, was called and required to go to Fort Schuyler where he this deponent at Stephen Town aforesaid entered the Service as a Volunteer private & served under the said Lieuten- ant Pease and marched with the Company made up of Drafts and Volunteers, under the said Lieutenant Pease to Albany, and joined the Drafts & Volunteers of other Companies of the said Regiment, the company so formed marched & consisted of about 100 men under the command of the said Lieutenant Pease through Halfmoon Stillwater & Saratoga to Fort- Edward where we encamped for a few days and did Garrison duty being the first company at Fort and other Companies of Militia joined soon after, don't recollect the name or names of their officers — he with his Company, was

1 1 3 m 10 he was employed on Fatigue, in chopping & drawing timber & laying the road, intended for our Army to pass over to Skeensborough, that he served in manner aforesaid For three months, from the 1st of August  November to the 1st of December of 1776. and was dis- charged at Fort Ann after Burgoyne went into Winter Quarters, by Lieutenant Joel Pease and returned home, he received no written discharge, nor has he any Documentary evidence of his said Services, & he knows of no person or per- sons now living who can testify to the same, or any part thereof & he knows
In 1777 the last of April, he again entered into the Service of the United States as a Volunteer private under Captain Fur- -ner aforesaid. Joel Pease served as Lieutenant, our Company met at Stephen Town & marched to Albany & there Joined other Militia Companies belonging to the same Re- giment & under the said Col. Van Rensselaer & Colonel Water- man's Regiment of New Canaan (then in Albany County) marched to Halfmoon & encamped on the Point in open Field, we struck our Tents - drew ra- -tions one or two days, then marched through Stillwater & Saratoga to Fort Edward and there encamped

110(2)
and did duty in repairing the Fort & performing Garrison duty about one month & were marched to Snook's Hill where we encamped in the Woods & did duty on Guard & Scouting through the Woods, when we continued until Burgoyne's Army, advanced near to Fort Edward. & our Garrison at Fort Edward retreated & came to the Camp at Snook's Hill but moved on the next day towards Saratoga. The Enemy was in possession of Kingsbury, our Company marched 4 or 5 miles & were employed in building breast works for several days, when he this deponent with other Volunteers under Major Ford went as a Patroling Party through the Woods for one day we returned towards Evening & had a Skirmish with the Enemy (while at Snook's Hill) where  where some of our men were wounded by the Indians. The main body of the Army had retreated to the Camp the breast works on fire set by our people & we marched down the River & joined the Army at Saratoga from there we marched to Stillwater. Bemis Heights & encamped in open Field where we continued until after the Stillwater Battle having served three months as a Volunteer private.
And continued in service under the aforesaid Officer as a Substitute for his Brother  Deputy Aaron Cole who had been drafted to serve for three months to relieve those who had taken the first hour of 3 mo - in said Company that he this deponent did serve as 1st Sergeant for three months. When on the last of October 1777 he this deponent was discharged by Lieutenant Scott. Please there were several Regiments of Continental & Militia Regiments who served where he served during the aforesaid periods, he recollects the names of Generals Schuyler, Gates, Arnold & Lincoln of the Continental Troops & Colonel Waterman & Major Fonda of the Militia.
3 mo
Joseph Cook Ballston

In 1778 - July — he this deponent again entered the Service of the United States as a Volunteer private In the Company of Captain George White of the Militia of Stephen Town in the then County of Albany In Colonel Thos. Van Rensselaer's Regiment aforesaid a Volunteer Company raised in order to keep guard at Old Floosick in Albany County about 20 or 30 miles from Stephen Town, the Company formed at Stephen Town at the time aforesaid under the said Captain George White & Lieutenant Joel Pease consisting of from 40 to 50 men and marched through little Floosicks to the North part of Old Floosick where we were Stationed to keep guard, the Officers made their head quarters in a House belonging to Widow Doughty for Dett. he this deponent with the other privates & non Commissioned officers of said Company Encamped in Open Field on the premises of the said Dett — in Plats builded by the Company with Boards &c and Served on Guard & on Scouts from our said Encampment to Loons Creek, against the Tories &c to prevent them from taking away cattle & other property from the Friendly Inhabitants, who were escpaed to the Enemy — that there were no other Troops Stationed on did duty at Old Floosick while we were there as except the said Company company under the said Captain George White, that he this deponent continued on duty as aforesaid For Two months when as under the aforesaid Officers he this deponent with the said Company
2 mo

having collected about 100 head of Horses & horned cattle owned by the Tory Inhabitants who had gone to the Enemy, to prevent them from driving them away to  to the Enemy & drove them to Stephen Town for for the Government of the United States as confiscated property, when we returned to our respective homes where we continued 4 or 5 days to recruit & prepare for a tour to Philips Town when we were again ordered & marched under the aforesaid officers officers to Philips Town where we encamped in different private Houses the officers head quarters at Lieutenant Schermerhorn where we continued on Guard and on Scouting parties in hunting the Tories through the Woods & captured several Tories & brought them To Schermerhorns before the Committee, at Schermerhorns  the appointed among the Whig Inhabitants for the purpose  of holding a Court over the prisoners. At one time when he this deponent was out on Scout  in commanded by Sergeant Lieutenant Pease about 10 or 12 Tories under arms resisted  a Skirmish  which took place & one Tory wounded. his leg was broken who we captured with the remainder of the Company & brought them in to the Committee,  the Company as this time he this deponent was in Constant Service as aforesaid  1 mo. For One month when we marched to Stephen Town under the aforesaid officers, when he with the said Company was dismissed, having been served as above stated, he further states that he had no documentary evidence of his aforesaid services or any part thereof, nor does he know of any person now living who can can testify to the same on any part thereof, his officers are all dead many years ago

5. To the question, State the names of some of the Regular officers, who were with the Troops where you served; such Continental & Militia Regiments as you can recollect and the general circumstances of your services.
He answers and says, he can answer no further than he has already known -
6th Did you ever receive a discharge from the service; and if so by whom was it signed and what has become of it?
He answers & says that he never received any written discharge from the service
7. To the question State the names of persons to whom you are known in your present neighborhood and who can testify to your character for veracity and their belief of your services as a Soldier of the Revolution
In answer to the last question, He names the following persons to wit, Samuel Deforest, Onesimus Hubbell, Aaron Nash, the Honble John W Payton late member in Congress & Speaker of the House of Representatives
He further states that there is no Clergyman residing in the town where he lives to whom he is known

He hereby relinquishes every claim whatever to a Pension or annuity except the present and declares his name any is not on the Pension Roll of the agency of State
Sworn and Subscribed the day & and year aforesaid in open Court & A Goodrich Clerk
Joseph Cole
We Aaron Nash and Levi Jeps Robertson both of the Town of Ballston in the County of Saratoga and State of New York, hereby certify that we are well acquainted with Joseph Cole, who Subscribed & Sworn to the above declaration that we believe him to be Seventy-Two years of age that he is reputed & believed in the neighborhood where he lives to have been a Soldier of the Revolution & that we concur in that opinion. Subscribed & Sworn the 1 st day of January 1834 in open Court & A Goodrich Clerk
Aaron Nash Jeps Robertson
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 it further appears to them that Aaron Nash who Subscribed and swore to the the above is a Credible person - residing in the Town of Ballston in said county and that Jeps Robison who also Subscribed & sworn to the above is also a resident in Ballston & that the said Jeps Robison he is a Justice of the Peace in & for the said County & that their statement is entitled to credit & the said Court are satisfied that the applicant is several procure in this Court

a Clergyman to whom to whom he is known who can testify to his character I, Alpheus Goodrich Clerk of the Court of Common pleas in and for the County of Saratoga do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of Joseph Cole for a Pension
In Witness whereof I have hereunto set my hand & seal of Office this first day of January in the year one thousand eight hundred and thirty four —
A Goodrich Clerk
I certify that I have been personally acquainted with Joseph Cole the above named applicant for more than thirty years. His general character is & ever has been, since my first acquaintance with him, fair. I have never heard his character for truth impeached. He is considered in this neighbourhood to be an honest poor old man. Ballston Jan. 28 th 1834
John W. Taylor

29598. Joseph Cole 2 nd Ballston N.Y.
j proof
Aaron Nash Esq r Ballston Spa N.Y.

WAR DEPARTMENT,
Pension Office,
18 March 1864.
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. 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 Joseph Cole N.Y.
   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.     Aug. 1776 vol. 3. private capt Turno's col. Van Rensselaer 72 years old has no Documentary evidence - knows of no one living to prove his service   Apr. 77 " " 3 " capt Turner col. Van Rensselaer entered Rensselaer Co. N.Y. no clergyman in the neighbourhood   Sub. 3 Sergeant Same officers certificate of 2 credible persons as to his respectability as also as a certificate from John W. Taylor - papers are authenticated   July 1778 2 private capt White col. Rensselaer   " 1 "  
I am, respectfully,
Your obedient servant,
JAMES 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) _____, 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 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
It can not be readily admitted that so many terms of service in Van Rensselaer's regt. is insusceptible of proof by a claimant still residing in N. York.

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 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 [j] 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.

State of New York County of Saratoga } ss
Before me the undersigned a Justice of the Peace in & for the said County personally appeared John Van Huson of Halfmoon in the County of Saratoga & State of New York aged eighty two years who being duly sworn and says that during the period of the Revolutionary War he was an inhabitant in the Town of Claverick in Columbia County & State of New York, and belonged to the Company of Infantry commanded by Captain Peter Bontele of said Town in Colonel Van Rensselaer's Regiment of Columbia County Militia that in the spring of 1777 a call was made for the third man of each Company of said Regiment and of the Regiment of Militia commanded by Colonel Waterman being an adjoining Reg't to turn out to go to the North on account of the movement of the Enemy under Burgoyne to serve three months and to be relieved at the end of said term, the quota was made up of drafts & Volunteers, he this deponent served in the first & second Classes from April 1777 to October  February in 1778  was in  & third was in the Burgoyne Battle, he further states that the third man of each Company in said Regiment and of Colonel Waterman's Regiment were included in this call  in the first second & third classes  he served three months in each class  for three successive classes  in said Reg't as aforesaid and in this deponent further states that in 1778 a call was made on the said Reg't commanded by said Colonel Van Rensselaer for a proportion of the men out of each Company of said Regiment to go to the North on account of the approach of Burgoyne on or near the Lakes that a draft was made for three months & were raised & Marched to Fort Edward this deponent was drafted & Marched to Albany & was discharged he he knows that a part of said Reg't did march to Fort Edward & he who had been drafted for three months
Subscribed & sworn the 13 th day of November 1836 } John VAN HUSON
Before me
Stephen Bernam Justice I the above named Justice have been personally acquainted with the above named John Vanhuson about seven years and think him a credible witness. Stephen Bernam Justice

State of New York County of Saratoga } ss
Before me the undersigned a Justice of the Peace in and for the said County personally appeared Philip Bortell of Halfmoon in the County of Saratoga and State of New York aged Seventy Six Years who being duly sworn deposes and says that during the Period of the Revolutionary War he was an Inhabitant of the Town of Claverick in the County of Columbia and State of New York, and belonged to the Company of Infantry commanded by Capt. Peter Bortell of said Town, in Col. Van Rensselaer Van Rensselaer Regt of Columbia County Militia. That in the Spring of 1777 a call was made for the third man of each Company of said Regiment to turn out to go to the North, on account of the movement of the Enemy under Burgoyne to Saratoga for three months & to be relieved at the end of said term. The quota was made up of Volunteers & drafts. In this deponent went in the first second Class in Captain Bortell's Company & received the first call out of said Company which  was for three months  and he this deponent served  three months in the second Class  from April until after  Burgoyne's  Surrender with his Army at Saratoga and he this deponent served each  again three months in the first second Class from July until after Burgoyne's Surrender with his Army at Saratoga and further this deponent was then informed & believed & now believes that a like proportion was taken out of each Company in said Regiment and served in like manner in the first and second Class, for three months in each Class, that is from April until after Burgoyne's Capture at Saratoga
This deponent further says, that in the Spring of 1776 he enlisted into the Company of Captain Hughes in Col. Livingston's Regt of N. York Service, and served from March to July or August in New York City, when he with his Regt. removed to Albany where he was stationed until December or January, while at Albany he understood that a call had been made on Colonel Van Rensselaer's Regt for men to go to the North on account of the Enemy under Burgoyne  on or near the Lakes. He understood the men were raised for three months & made up of Drafts and Volunteers proportioned out of each Company of said Regt. to go to Saratoga up the Hudson and to Saratoga Fort as aforesaid  Edward & Ann & that the said Militia of said Regt. did go & serve to the North as aforesaid for three months I have no doubt, I have

and several others at Albany on their return home, whom I knew to belong to said Regt. this was in November or December & who had served the period of service which they informed me and which I then believed and now believe was true.
And further, In 1778 when he this deponent belonged to Colo- nel Van Rensselaer's Regt of said aid, when a call was made for men to go to the Mohawk River above Schenectady on account of predations made & making on the persons and property of the Inhabitants up the Mohawk & near Scho- Lake by the Enemy consisting chiefly of Tories & Indians he this deponent went as a private in this tour west to Scho Lake under Capt. Miller of said Regt. and served two months, a proportion of men out of each company of said Regiment were made up of Drafts and Volunteers & did serve. For two months in scouting in dif- ferent directions at & near the Mohawk River during the the term aforesaid
Philip Bortel
Subscribed & sworn the 13th day of November 1834
before me Stephen Bernam Justice
I the above Justice of the peace certify that I am personally acquainted with the above named Philip Bortel, and have been thirty years and think him a credible witness
Stephen Bernam Justice

State of New York County of Saratoga
§ ss. I. Alphons Goodrich Clerk of the County of Saratoga. Do certify That Stephen Vernam before whom the annexed affidavit purports to be sworn by John Van Hu- =son and also before the whom the annexed affidavit purports to have been sworn by Phi- =lip Bortell, was at the date of the same
one of the Justices of the Peace in and for the said County and that I am acquainted with his hand writing and verily believe his name his name subscribed to the said affidavits and also his name subscribed to the below each affidavit, to be his proper hand writing and Signature
Witness my hand and Seal of Office the 13 th day of November 1834.
A Goodrich Clerk

Philip Boileau affidavit, in the case of Joseph Cole vs for a Pension.
His statement is signed

State of New York County of Saratoga } ss
Before me the undersigned a Justice of the Peace in and for the said County, Personally appeared Philip Bortell of Half-moon in the County of Saratoga and State of New York aged Seventy Six Years. who being duly sworn deposes & says that during the period of the Revolutionary War he was an Inhabitant in the Town of Claverick in the County of Columbia and State of New York & belonged to the Company of Militia Infantry commanded by Captain Peter Bortell, In Colonel
Van Rensselaer's Regiment of Columbia County Militia, that in the Spring of 1777 a call was made for the third division of each Company of said Regiment & of the Regt. of Militia under Colonel Waterman) to turn out to go to the north on account of the movement of the Enemy under Burgoyne to serve for Three months to be relieved at the end of said term, the quota was made up of Volunteers and Robust & Crafts, he this deponent went in the first and second Class & went in Capt. Bortell's Company, in July at or near Saratoga & he this deponent served three months in each of the first & second Class from April until after the Surrender of Burgoyne's Army at Saratoga, And further this deponent was then informed & believed & now believes that on like a like proportion was taken out of each Company in said Regiment & served in like manner in the first Second & third Class for three months in each Class
This deponent further says that in the Spring of 1776 he enlisted into the Company of Captain Hughes in Colonel Livingston's Regiment of New York Levies & served from March to July or August in New York City when he with his

Regiment removed to Albany, where he was Stationed at Albany until December or January, while at At Albany he understood that a call had been made on Colonel Van Rensselaer's Regiment for men to go to the North on account of the Enemy under Burgoyne on or near the Lakes, he understood the men were raised for three months, made up of Drafts and Volunteers proportional out of each Company of said Regiment to go to Stillwater up the Hudson & to Saratoga, Fort Ann &c that the said Militia did go and serve to the North I have no doubt & did serve for three months
And further In 1778 when he this deponent belonged to Colonel Van Rensselaer's Regi- ment aforesaid when a call was made to go to the Mohawk River above Schenectady on account of depredations made on the persons & property of the Inhab- itants up the Mohawk & near Schoharie by the Enemy consisting chiefly of Tories & Indians he this deponent went as a private in this town under Capt. Miller of said Regiment & served two months a proportion of men out of each company of said Regiment was made up of Drafts & Volunteers & did serve for two months in scouting in dif- ferent directions at and near the Mohawk River during the term aforesaid, he this deponent was not acquainted with the applicant Joseph Cole
Subscribed & sworn this day of February 1835 {
Philip Bortel
Subscribed and sworn before me February 11 th 1835
Stephen Varnum Justice
I hereby certify that I am personally acquainted with the above named deponent and think him worthy of belief
Stephen Varnum Justice

State of New York County of Saratoga ss.
I Alphens Goodrich Clerk of the County of Saratoga, Do Certify, That Stephen Vernam before whom the annexed Affidavit purports to be sworn, was at the date of the same one of the Justices of the Peace in and for the said County, and that I am acquainted with hand writing, and verily believe his name subscribed to the said Affidavit to be his proper hand writing and signature.
Witness my hand and seal of Office the 27 th day of February 1835
A Goodrich Clerk

J. L. Edward Commissioner of Pensions
FREE
Aaron Nash Esq.
Ballston Spa New York

War Department Pension Office July 7 th 1834
Sir The papers of Joseph Cole have again been examined - The Militia in which the ser- vice in question was rendered was called out occasionally only for short tours. I do not for a longer term than twenty one days; they were not at all engaged in this case out for three months at a time; unless therefore it can be clearly shown that there were circumstances in this case which make it an exception to the general course of Militia service at that time, the claim cannot be allowed
The case is suspended and the papers placed on file I am Sir Respectfully J L Edwards Harm Nash Esq Baltimore Md New York

War Department Pension Office 30 th Jany 1835
Sir
I have the honor to return herewith the letter of Mr Nash and to inform you that it does not appear that the additional evidence in the case of Joseph Cole & which he asserts he enclosed by mail on 15 th Nov r last has been received. His case therefore occupies the same ground it did on 7 th July last when my last letter to Mr Nash bears date
I have the honor to be Very Respectfully Your Ob t Servant J L Edwards
Hon S Branner House of Representatives

New York Rev.
Joseph Cole
Rev.
Sustained
let to Aaron Nash
July 7 th 1834
Rev. H. H. H. H. H.
30 Jan y 35-
to same 2 March 1835-
2/33
Rev. to Hon. G. H. H. H. H. 30 March 1835
/1832

Acts of July 14, 1862, and March 3, 1873.
2133
P. O. _____
Joseph Cole
Service: _____
Enlisted: _____, 18 .
Discharged: _____, 18 .
REJECTED
Information filed: _____, 18 .
Resides: _____
Re-enlisted: _____
Attorney: _____
P. O. _____
_____ Recognized. _____ Contract.
_____ Cert. of Dis. Searched for _____, 18 .

State of New York } County of Saratoga } ss. Before me the under- =signed, a Justice of the Peace in and for the said County, personally appeared John Van Kliefon of Stillwater of Stillwater in the County of Saratoga and State of New York Aged Eighty Two Years who being duly sworn says that during the Period of the Revolutionary War he was an Inhabitant in the Town of Claverick in the County of Co- =lumbia and State of New York and belonged to the Company of Infantry commanded by Captain Peter Bortell of said Town in Colonel Van Rensselaer's Regiment of Columbia County Mi- =litia. That in the Spring of 1777 a call was made for the third man of each Company of the said Regiment and of the Regiment of Militia com- =manded by Colonel S. Waterman (being an ad- =joining Regiment) to turn out and go to the North on account of the movement of the Enemy under Burgayne to serve for three months and to be relieved at the end of said term, the quota was made of drafts and Volunteers, he this deponent served in the first class second and third Classes from April 1777 until Jan'y or February 1778 and was in the Burgayne Bat- =tle and he this deponent further states, that the the That in 1776 a call was made on the said Regiment as commanded by the said Colonel Van Rensselaer for a proportion of the men out of each Company of said Regiment to go to the North on account of the appearance of Burgayne on or near the Lakes that a draft was made for three months and were raised and marched

to Fort Edward, this deponent was drafted and man- -ed to Albany & was discharged, he knows that a part of the said Regiment did march to Fort Edward &c who had been drafted for three months and that he understood at the time & now believes they served three months, that he this deponent was not acquainted with Joseph Cole but knows that the applicant at that time nor since, but knows that such services were required & performed in said Regiment under Colonel Van Rensselaer
Subscribed and sworn
the 12 th day of February 1835
before me. Stephen Varnam Justice
I hereby certify that I am personally acquainted with above Deponent and believe him worthy of belief. Stephen Varnam Justice
State of New York
County of Saratoga & ss. I Alphens Goodrich Clerk of the County of Saratoga. Do certify, That Stephen Varnam before whom the within affidavit purports to be sworn, was at the date of the same, One of the Justices of the Peace in & for the said County and that I am acquainted with his hand writing and verify believe his name subscribed to the said affidavit and also to the Certificate thereto, to be his proper hand writing and and signature
Witness my hand and seal of Office the 18 th day of February 1835
Alphens Goodrich Clerk

J. L. Edwards Esq. letter of 7. July 1834 in the care of J. Cole 2nd (Copy)

War Department
Pension Office July 7 1834
The papers of Joseph Cole 2 nd have again been examined, The Militia in which the Service in question was rendered were called out Occasion ally only, and for short tours seldom for a longer term than 21 days. They were not as alledged in his case out for three months at a time; unless therefore it can be clearly shown that there were circumstances in this case which make it an exception to the general usual course of Militia Service at that time, the claim cannot be allowed,
The case is suspended & the papers placed on file I am
(a copy)
J. S. Edwards

Ballston Spa 17 June 1834
Sir
Enclosed You receive the Return papers of Joseph Cole for a Pension, Have the Goodness to examine & decide as early as convenient & transmit the Certificate to me at this Post Office (if found entitled to one)
Very Respectfully
Your Ob t Serv t Aaron Nash
To the Honorable
Service Caps
Sec y of War
Washington City
D. C.

Baltstow Spa February 19. 1835
Dear
Sir
Will you have the goodness to deliver to Mr. Edwards the Enclosed affidavit of John Van huson with the other Papers herewith Enclosed relating to the Pension Claim of Joseph Cole v s 84. for the further proof that such Services (as stated by Mr. Cole) were called for & performed, the Department is referred to the Declaration of Philip Bontell, amended & returned by Mail 9 th June last with the affidavit of John Van huson thereto attached & also the affidavit of Eli Roods made on the 20 th June last & enclosed by mail in support of said declaration, (for a Pension under the Act of June 7. 1832)
Please to obtain a decision in the case of Joseph Cole above named as early as convenient and Enclose the same to me by Mail
I have the Honor to be
Very Respectfully
Your Mo. Ob. St.
Aaron Nash
To the Hon ble J. Cramer
Washington City

Ballston Spa November 15 th 1834
Sir,
Enclosed herewith you will receive the affidavits of John Van Husen & Philip Bortell, which it is hoped will prove satisfactory in the case of Joseph Cole 2 nd for a Pension under the Act of June 7 1832. Have the goodness to decide on his case and transmit such decision to me as early as convenient.
I have the honor to be Most Respectfully Your O bt Serv t Aaron Nash
James L. Edwards Esq. Comm. of Pensions Washington City D. C.

State of New York County of Saratoga } ss. Personally appeared before me the under- -signed a Justice of the Peace in & for the said County Edmund Hewitt a resident of Galway in said County aged Seventy-Eight Years who being by me duly sworn according to Law doth on his oath depose and say that he is now, and was during the Revolutionary War, well acquainted with Joseph Cole now residing in Ballston in Saratoga, that in the Year 1777 he this deponent lived in Stephen Town in Albany now. Rensselaer County & within about three fourths of a mile from where the said Joseph Cole then lived, that he this deponent and the said Joseph Cole belonged to the same company of Militia Infantry at Stephen Town under Captain Turner In Colonel Van- Rensselaer's Regiment of New York Militia, that he this de- ponent knows that the said said Joseph Cole was a true Whig - and was in the Service of Revolution several times as he was then informed & verily believed & now believes under Captain Turner & Lieutenant Joel Pease, that this de- ponent well recollects that he saw the said Joseph Cole doing duty as a private at Fort Edward & above & below that place the time Burgoyne was Advancing down from Canada, in the Summer of 1777. he then was then under the Command of the said Capt. Turner & Lieutenant Joel Pease
Subscribed & sworn to this { 27th day of March 1834 { EDMUND HEWITT A Good rich Justice.
I Alpheus Goodrich the Justice above named do certify that I am acquainted with the before named Edmund Hewitt, and that he is a credible person and his statements entitled to full credit and belief - A Good rich Justice.

State of New York
County of Saratoga ss, On this 17 th day of June 1834
before me the undersigned a Justice of the Peace in and for the said County, Personally appeared Joseph Cole of Ballston in the said County, aged Seventy two years last July. (who I certify is the identical person named in the papers hereto annexed to which this is attached) applying for a Pension who being duly sworn according to law doth on his Oath depose & say, that he has made diligent search & enquiry for witnesses to support his claim to a Pension and has not been able to procure any evidence Except Edmond Klewit whose deposition is herewith annexed and, that he this deponent has recently, since the return of his Papers from the War Department been to Stephen- Town where he lived at the time of doing the services for which he claims a Pension & finds that his old comrades in arms are all dead or moved away so that he could obtain no account of them, & that he verily believes it is not in his Power to procure any other living witness to his said services
Joseph Cole
Subscribed & Sworn before me { the day & year above written
A Goodrich Justice

State of New York County of Saratoga } ss I Alpheus Goodrich Clerk of of the County of Saratoga Do certify that Alphe- us Goodrich before whom the within Affidavits purports to have been sworn, one by Edmond Hewitt & the other by Joseph Cole was at the date of the same a Justice of the Peace in and for the said County, and that I am acquainted with his hand writing & verify his name subscribed to the same as genuine
Witness my hand & seal of Office the 17 th day of June 1834 A Goodrich Clerk

For the Pension Office
James L. Edwards Esquire Commission of Pensions Washington City
D. C.

Ballston Spa February 27 1835
Sir
Enclosed herewith you will receive the affidavit of Philip Bortell, as additional evidence in the case of Joseph Cole 2 nd for a Pension under the Act of June 7. 1832. the deposition of John Van Huson was transmitted by Mail to Mr. Cramer Representative in Congress from this District, with request to be delivered to the Pension Office, (Mailed 20 th Inst) Your early attention is solicited
Very Respectfully
Your Mo. Ob. Servant
J. L. Edwards Esquire Commission of Pension
Aaron Nash