Revolutionary War Pension and Bounty Land Warrant Application File S. 12415, Abraham Cater, New York

SERVICE
New York
bater Abraham or baters
NUMBER
S. 12415
CONTENTS
carded

New York 977
Abraham Waters
of Schoharie in the State of N. York who was a Private in the Comp. commanded by Captain _____ of the Regt. commanded by Col. Wisnifell in the N. York line for 18m.
Inscribed on the Roll of N. York at the rate of 60 Dollars _____ Cents per annum to commence on the 4th day of March, 1831.
Certificate of Pension issued the 27 day of July 1833 and Martha E. Hedley Schoharie
  Arrears to the 4th of Mar. '33  $ 120    Remant. allowance ending 4 Sep. '33  30         $ 150  
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by Book E,
Vol. 3, Page 56
Clerk

State of New York Schoharie County } ss. 1 -
On this twenty day of November in the year of our Lord one thousand eight hundred and thirty two, personally appeared Abraham of the court of Oyer and Summer holden in and for the county of Schoharie and State aforesaid, now sitting. Abraham Deer a resident of the town and county of Schoharie and State of New York, aged seventy five years, who being sworn according to law, doth on his oath make the following declaration in order to obtain the benefit of the act of con- gress, passed June 7, 1832.
That he entered the service of the United States under the following named officers and served as herein stated.
That in the spring of the year 1781 the latter part of April or about the first of May he enlisted at Kingston in the county of Ulster and State of New York, where he then lived, for nine months in captain Dubs' company in colonel Witsenfeldt's regiment, he joined the company at Kingston and marched to Shawangunk, helped build a fort there stayed a little better than a month they then went down about eight miles and stayed about three months went from there to Wawarsing and Red Bank scouting and standing guard. That he continued in the service in the same company and regiment till his nine months had fully expired when he was discharged at Marlinton in the county of Ulster and State aforesaid about the first of February 1782.
That he enlisted again for nine months in the spring of the year 1782 in captain Dubs' company in colonel Witsenfeldt's regiment at Kingston in the county of Ulster and State aforesaid and served in said company and regiment till his nine months were out when he was discharged in Marlinton in the county and State aforesaid. He thinks it was about the first of May he enlisted and about the beginning of February that he was discharged.
He was born in Marlinton in the county of Ulster and State of New York in January 1757 according as he has kept his age but what day of the month he was born he cannot say.
His age is recorded, he thinks, in the Lutheran church Book at Kingston in Ulster county and State aforesaid.
He was living in Kingston aforesaid when he entered the service and lived there till he came to Schoharie in the county of Schoharie and State aforesaid where he now lives and had lived for more than forty

about forty years
4 He entered the service as a volunteer
He does not recollect the names of the regular officers who were with the troops when he served if any were there excepting the names of Colonels Brown and Henry Pauling since then he knows much about any of the regiments excepting the one he belonged to.
6 He never received a written discharge.
7 He is known to the following persons in his neighborhood who can testify to his character for veracity and their belief of his services as a soldier of the Revolution to wit, John Ingold, Christian H. Schafer and Samuel Schafer.
He hereby relinquishes every claim whatever to a pension or annuity except the present, and declared that his name is not on the pension roll of the agency of any state.
Sworn to and subscribed, the day and year aforesaid in open court -
John G. Schard Jr. Clerk
his Abraham x later mark

about forty years
4 He entered the service as a volunteer
5 He does not recollect the names of the regular officers who were with the troops when he served if any were there excepting the names of Colonel Brown and Henry Pauling since does he know much about any of the regiments excepting the one he belonged to.
6 He never received a written discharge.
7 He is known to the following persons in his neighborhood who can testify to his character for veracity and their belief of his services as a soldier of the Revolution, to wit, John Ingold, Christian H. Schaffer and Samuel Schaffer.
He hereby relinquishes every claim whatever to a pension or annuity except the present, and declared that his name is not on the pension Roll of the agency of any state.
Sworn to and subscribed, the day and year aforesaid in open court -
John G. Schaffer Jr. Clerk
his Abraham x Cate mark

No 19775
Abraham Bates Schokari 6? N.Y.
do m d
Elias Holliday age 6 Schokari N.Y.

WAR DEPARTMENT,
Pension Office,
May 23 1883
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 Abraham Bates John Harris Co. N. York
   Period when the service was considered. 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.     Enlist d 1781 9 Private Capt D r Lewis Col M c W illiams Shenango river age 25 Henry Plunk as to 9 months   Enlist d 1782 9 Capt Lewis Col M c W illiams Kingston M c Intosh ham Albany N. York Anno un Garner  
I am, respectfully,
Your obedient servant,
J. L. EDWARDS,
Commissioner of Pensions.
Bates, can furnish no further proof; his fellow soldiers are gone to their long account; can get no certificate of a clergyman, therefore submits his case as it is.
E. Holliday

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 , 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.
Note [j] applies to continental troops only. The proof required by rule in
[k] This traditional evidence is indispensable in militia cases.
[l] If a witness cannot be found, the declarant must state the fact.
[m] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.

Rev. War
✓ 12.415 INVALID.
File No. 12, 41 5
Abraham Carter
Priv. Rev. War
Act: June 7 th 1832
Index: — Vol. 2 Page 61
[Arrangement of 1870.]

Abraham Cates Declaration for Pension
19775
✓
adm 18 mo. pre.
60 $

State of New York Schoharie County } ss.
Henry Plugh of the town and county of Schoharie aged sixty eight years being duly sworn deposeth and saith that he is well acquainted with Abraham Cate who has subscribed and sworn to the foregoing declaration and was well acquainted with him during the revolutionary War and he knows that the said Abraham Cate enlisted for nine months in captain Dechaussie's company in Colonel Witsbills regiment in the spring of the year 1781 or 1782 that this deponent enlisted in the same company and regiment for nine months at the same time at Kingston in the county of Ulster and State of New York; that this deponent served in the same company for six months and after that he enlisted for three years in an other company and regiment and he knows that the said Abraham Cate was in the service then and this deponent understood and well believes that the said Abraham continued in the service till the expiration of his nine months. that during the six months that this deponent was in the service he knows that the said Abraham Cate was in the service in the same company and has no doubt he continued in it till his nine months had expired.
And this deponent further saith that the said Abraham Cate is, reported to be a man of truth and this deponent believes he served as he has stated in his declaration and that he is of the age he has stated.
Sworn and subscribed the twelfth day of November 1832 in open court John Lebard Jr. Clerk
his Henry Plugh Mark

State of New York Schuylkill County ss.
Andrew Garmr of the town and county of Schuylkill aged rising of seventy years being duly sworn deposeth and saith that he is well acquainted with Abraham Coter who has subscribed and sworn to the foregoing declaration and he was well acquainted with him during the revolutionary War; and he knows he was in the revolutionary service of the revolution in balance Wittenbills regiment in the year 1782 that this deponent was in the same months service in the same regiment in the county of Ulster and State of New York but cannot positively say how long the said Abraham Coter was in the service but he well believes that he served the nine months in that year as he has stated and also he believes he served nine months the year before as by him stated And this deponent saith that the said Abraham Coter is reported to be a man of truth and this deponent believes him to be of the age he has stated
Sworn and subscribed in open court this twelfth day of November 1832 John Gebhard Jr. Clk.
his Andrew Garmr mark

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.
Judges of Oyer & Terminer
N. Williams William Bachman Henry Shaffer W. Mann Court's Judge.
We certify that Abraham Loater the applicant, and Henry Hugh and Andrew Garner, the witnesses, who have been sworn subscribed and sworn to the annexed affidavits, are reputed to be men of truth.
Judges of Oyer & Terminer
W. Mann William Bachman Henry Shaffer
I John Gebhard, Junior, clerk of the court of Oyer and Terminer do hereby certify that the foregoing contains the original proceedings of the said court, in the matter of the application of Abraham Loater for a pension. In testimony whereof, I have hereunto set my hand and seal of office this 12th day of November 1832.
John Gebhard Jr. Clk. Schuylkill county court of Oyer and Terminer