Revolutionary War Pension and Bounty Land Warrant Application File S. 12,509, Richard Clark, New York

SERVICE
New York.
Clark Richard
NUMBER
S. 12,509
CONTENTS
carded.

No. 1. 0337 New York Richard Clark State Co. in the State of New York who was a Private in the Corp commanded by Captain Wayne of the Regt. commanded by Col. Hathaway in the New York line for 7 months and 22 days.
Inscribed on the Roll of New York at the rate of 30 Dollars Cents per annum to commence on the 4th day of March, 1831.
Certificate of Pension issued the 25 day of Oct. 1833 and Dutton J. Seward Monda
Arrears to the 4th of Sep '33 $ 91 Semi-ant. allowance ending 4/11/31 18 $ 109
Recorded by J. H. Hall { Revolutionary Claim, } Book E. Vol. 4. Page 93. { Act June 7, 1832. } Clerk

State of New York } County of Orange }
Personally appeared before me James Wood a Justice of the Peace in and for the County of Orange Richard Clark to me personally well known and after being duly sworn according to law deposith as follows by way of amending or explaining his former oath or declaration in order to obtain a pension. That his first tour of duty to Fort Montgomery was not less than two weeks. In the second service mentioned he cannot say with certainty that he was out more than once under Capt. John Sayre was on duty a little rising two weeks. Third tour to Kings bridge and Fort Washington not less and he believes more than two weeks. In December of the year 1776 was drafted under Capt. John Sayre was marched by Ramapo and lay at Tappan and Closter was on duty one month which last service was not mentioned in his former declaration. That in the winter of 1777 he thinks in Feb. and first part of March he served as before stated at Ramapo and New City one month. That he served in the summer and fall following as a class man one quarter of the time making not less than two months. That in the three following years he served as a class man and was out on duty under different Captains of Hathorn's regiment at the different places stated in his former affidavit one quarter of the time excepting in the hard winter of 79 & 80 making not less than seven months service. That the general alarms were frequent and that he was often called out on them immediately after returning from his class duty. He distinctly recollects one in which he went under Capt. Rich d Dabny to Capt. Hopkins in New Jersey and was kept out two weeks. He verely believes he served at least one month on alarm duty besides his class duties in each year for five years namely 1777-8-9-1780 and 81 making five months. That he has now stated as near as his recollection will serve him the services he rendered as a private in the militia during the Revolutionary War. That he served all above stated he is sure and perhaps may have served other tours that are now forgotten. That he was born as he has always been informed in the year eighteen hundred & fifty on the 4 th day of April. That he has no record of his age. That he never had any written discharge. That he answered to Judge Seward all the interrogatories he was pleased to put to this deponent. That this deponent is blind and otherwise very infirm and that he was therefore excused by the said Judge attending Court. That said Judge is now out of commission and has gone to Europe as this deponent is informed and believes.
Richard his Clark mark
Sworn and subscribed before me the 14 th day of Aug t 1833
James Wood Justice of Peace
State of New York } Orange County - }
I James Wood a Justice of the Peace in and for the County of Orange Do certify that I have been personally acquainted with the above deponent Richard Clark for many years past that he has always sustained a fair

Character and his statement is intitled to belief To my own knowledge he has been reputed to have been a Revolutionary soldier I am also acquainted with William Carr Jun r and Enoch Jackson whose affidavits are herunto annexed and do certify that they are persons of good standing and are fully intitled to belief I further certify that Sam l J. Seward Esq r the judge before whom Mr. Clark was formerly examined the said Richard Clark is now out of Commission and absent from this Country and I con- =cur in opinion with the said judge that the said Rich d Clark from bodily infirmities ought to be excused from attendance at court
August 14 th 1833 —
James Wood
State of New York Herk County ss. I Asa Dunning Clerk of the said County do certify that James Wood Esq r before whom the foregoing affidavit was sworn & whose name is subscribed to the above Certificate was at the time a Justice of the peace in and for said County and that the signature subscribed to the said affidavit and Certificate is his genuine signature —
In Testimony Whereof I have hereunto set my hand and seal of office this 19 th day of August 1833
Asa Dunning

State of New York County of Orange ss.
Personally appeared before me John S. Seward first Judge of the Court of Common Pleas in and for said County at my office in the Town of Warwick in said County Richard Clark a resident of said County to me personally well known and after being 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 th 1832 That he is eighty two years of age That he entered the service of the United States under the following named officers and served as herein stated. The first service he was drafted in the year 1776 and marched to Fort Montgomery under the command of Major John Poppino and Col John Hathorn thinks he was there between two and three weeks the first time afterwards went to the same place during the same season one or twice and gone about the same length of time each tour That on the 26 th Sept 1776 he started from Florida in Orange County and was marched to Tappan and crossed the river and went to Kings Bridge and Fort Washington before it was surrendered while on the heights near Kings Bridge was under the command of Col Nicol I does not distinctly recollect what other officers he was under on that tour nor how long gone The winter following was drafted to go to Romespo New City and Clinton was gone one month under the command of Col John Sayre of Col Hathorn's regiment The spring following he was drafted and served one quarter of the time during all that summer and fall in the neighborhood of Judge Suffers Col Hopper and Hakinack mostly under Col Minthorn but sometimes under the different officers of Hathorn's regiment was part of the time under Col Hathorn and part under Col Beardsly and at other times under Major John Poppino The next year he was stationed at Col Westfall's Fort at Minisink under Col Hathorn was there more than once was a number of different times at Martinus Decker's Fort and several times at Van Akin's Fort and at different points along the Delaware river the then Indian frontier under different officers of Hathorn's regiment This kind of service was continued three seasons Was called out on many general alarms and served generally and uniformly when called on Was out on the general alarm at the time of the battle of Minisink and had got as far as Mongaup when our people came in on the retreat That the alarms were frequent and that between those occasioned by the British along the Hudson and the Mountain passes on one side and the Indians on the other he was kept out a great part of the summer seasons half his time That this disposition cannot recollect precisely the time occupied in the different tours of duty but he verily believes he served during the war at least eighteen months in his own person besides hiring substitutes as formerly stated That he was born in the Town of Goshen in Orange County That he now resides in the Town of Warwick

in said county and has resided in said county all his life He hereby relinquishes every claim whatever to a pension or annuity except the present and declares that his name is not on the pension roll of the agency of any state unless put on in consequence of his petition to Congress last year of which he does not know Sworn to and subscribed before me this 1 st day of September 1832 Sam d Seward first Judge of said county
his Richard H Clark Mark
State of New York County of Orange ss
Personally appeared before me Sam d Seward first Judge of the Court of Common Pleas for the County of Orange Dr Charles Cummins a Clergyman residing in the Town of Warwick in said county and John Curtin a resident of the same place who after being duly sworn according to law depose and say that they are acquainted with Richard Clark of said county and that they believe him to be of the age he represents - That he is reputed and believed in the neighborhood where he resides to have been a soldier of the revolution and that they concur in that opinion That he has always sustained a fair character as to truth and veracity and is in their opinion intitled to belief
Charles Cummins John Curtin
Sworn to and subscribed before me this 1 st day of Sept. 1832 Sam d Seward first Judge of the Courts of said County
State of New York ss

State of New York } County of Orange } ss
Personally appeared before me Saml. P. Seward first judge of the Court of Common pleas for the County of Orange at my office in the Town of Warwick in said County William Carr Jr. residing in said County to me personally known and after being duly sworn according to law doth depose and say that he is acquainted with Richard Clark and remembers seeing him in the service of the United States in the revolution at Minisink while this deponent was himself stationed at Dekeers Forts That he belonged to the same regiment commanded by Col Hathorn
Wm Carr June
Sworn to & subscribed before me the first day of Sept. 1832 Saml. P. Seward first Judge of the courts of said county
State of New York } County of Orange } ss
Personally appeared before me Saml. P. Seward first judge of the Court of common pleas for the County of Orange at my office Capt Enoch Jackson a resident of said County to me personally well known who after being duly sworn according to law deposeth and says that he was well acquainted with Richard Clark of said County before the war of the revolution That he knows said Clark was drafted to go to New Windsor and to Fort Montgomery was stationed there in company with this deponent - That he thinks he was there more than once This deponent saw him in the service at the New City at Closter and the English neighborhood this deponent thinks several times This deponent knows he said Clark was on duty at Dekeers Forts at Minisink and at other places on the Delaware several times was generally under the different officers of Hathorns regiment This deponent knows said Clark was reputed a good soldier and as this deponent believes always done his full proportion of duty That he was frequently out on alarms on different services and was prompt in the discharge of duty That said Clark has always sustained a good character and that his oath is intitled to full credit
Enoch Jackson
Sworn to & subscribed before me the first day of Sept. 1832 Saml. P. Seward first Judge of the courts of said County

State New York Orange County ss.
I Samuel Shepard first Judge of the Court of Common Pleas in and for said County, being a court of record. Do hereby declare my opinion after investigation of the matter and after putting the several interrogatories to him prescribed by the War department that the Witness named Richard Clark was a Revolutionary Soldier and served as he states. And I do also certify that Dr Charles Cummings who's Certificate appears within is a Clergyman of high respectability in the congregation where deponent resides and that John Austin Esquire is a citizen of the same village of respectability and integrity and that their statements are entitled to credit. And I do further certify that the said Richard Clark cannot from bodily infirmity attend the Court.
Florida Town of Warwick 8 th day of September 1832
Samuel Shepard
Richard Clark's Pension Certificate
I Asa Dunning Clerk of the County of Orange and also Clerk of the Court of Common Pleas in and for the said County of Orange do hereby certify that Samuel D. Dunning Esquire before whom the foregoing affidavits were sworn and whose name is subscribed to the above declaration and Certificate was at the time First Judge of the Court of Common Pleas which is a Court of Record and that the signature subscribed to the said affidavits and the above declaration and Certificate is his genuine signature.
In Testimony Whereof I have hereunto set my hand and seal of office this Third day of September 1832
Asa Dunning
11317

11317
Richard Clark Orange co New York
e f m
Adm. dnt Private of Co D 22 nd regt,
262 71 3595
S. S. Seward esq. Florida, Orange co 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 subjjoined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will shew what is necessary to be done. 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 Richard Clark
   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.     Drafted 1776 2 or 3 w Private May John Phipps 82   1 or 2 times served 2 or 3 w Col John Hetherington Orange co N.Y. tradition - one witness proves he was in service, but not how long.   Sept 1776 do not know Col Nicol - another proves applicant was in several towns of service, and was a good soldier, and always sustained an excellent character.   drafted - 1 Capt Sayre, Col Hetherington - credibility of witnesses not certified.   1777 indefinite Capt. Hetherington other officers of Col. Hetherington's reg.   next year was often out  
5.22 7.22
1 - dis allowed
whole service believed to be at least 18 months! } 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), 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 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.
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.
[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.
John D. Slee

September 3, 1936.
XXXXXXXXXXXXXXX
Mr. Donald F. Clark Fort Montgomery New York
BA-J/ady Richard Clark S.12509
Dear Sir:
Reference is made to your letter relative to Richard Clark, a soldier of the Revolutionary War.
The data contained herein are obtained from the papers on file in the Revolutionary War claim for pension, S.12509, based upon his military service in that war.
Richard Clark was born April 4, 1750, in Goshen, Orange County, New York. The names of his parents are not stated.
While a resident of Orange County, New York, he enlisted, and served at various times in 1776, 1777, 1778, 1779, 1780 and 1781, about eighteen months in all, as private in Captains John Sayres', Richard Bailey's and Minthorn's Companies, Colonels John Hathorn's, Nicoll's and Beardsley's New York Regiments.
He was allowed pension on his application executed September 1, 1832, at which time he was a resident of Warwick, Orange County, New York, in which county he had always lived.
There are no family data.
The Revolutionary War records of this office fail to show that a pension was ever claimed on account of the services of a Richard Clark(e) of Monmouth County, New Jersey, or Rockland County, New York.
Very truly yours
A. D. HILLER Executive Assistant to the Administrator
Date of death not on AB.

Fort Montgomery, N. Y. August 15, 1936.
Veterans Administration, Washington, D. C.
Gentlemen:
I shall appreciate information as to whether there is on file in your office a pension application based on the Revolutionary War service of Richard Clark(e) of Monmouth County, N. J., Orange County, N. Y., or Rockland County, N. Y., and if so, as to whether the application contains data concerning the soldier's military record and the soldier's family.
Yours very truly,
Donald F. Clark. Donald F. Clark.

1936 Sept. 3. Hist. to Donald J. Clark. A.N.Y.
Return
12509 INVALID.
File No. 12, 5-09.
Richard Clarke Prin. Pa. nat
Act: June 7 th 1832.
Index:—Vol. 2 , Page 70
[Arrangement of 1870.]