Revolutionary War Pension and Bounty Land Warrant Application File S. 12758, Jacobus De Witt, New York

SERVICE
NUMBER
New York
DeWitt Jacobus
S12758
CONTENTS
boarded

New York 20393.
Jacobus Dewitt Ulster in the State of N.Y. who was a private in the Comp y commanded by Captain Wandenburg of the Reg t commanded by Col. Poutney in the State Troops line for N.Y. 2. Years
Inscribed on the Roll of New York at the rate of 80 Dollars — Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 4. day of Sept r 1837. and sent to James N. Mitchell - Haverburg
Arrears to the 4th of Sept r '33 — 200. 00 Semi-ann. allowance ending 4 Mar 34 — 40 00 240. 00
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by H. Francis Clerk, Book E. Vol. 4 - Page 54
N.Y.

State of New York County of Ulster
On this 10 th day of September 1832 Personally Appeared in Open Court before the judges of the Court of Common Pleas now Sitting being a court of record in and for said County — Jacobus Druitt a resident of the Town of Hawthorne Warwick in the said County Aged 71 Years 2 1/2 Months who being first duly sworn according to law with an oath make the following declaration in order to obtain the benefits of the act of Congress passed June 7 th 1832 That he entered the service of the United States under the following named Officers and served as herein stated
1 st That on the 29 th Day of June 1777 he volunteered in the Town of Warwick serving in said County under Captain Hadenburgh in the Regiment of State troops commanded by Col. Pauding for 1 Month and served at Fort Mont- gomery for said term that a Regiment of United States troops was then under Captain Col. Dubois and a Company of Artillery men under Captain Moodys —
2 nd That next on or about the 25 th Day of March 1779 he volunteered for 9 Months at Rochester under Captain Levi Druitt in the Regiment of Colonel Albert Pauding of State troops and served on the frontier on the Western side of Shaw- angunk Mountain from Middletown to Agra ga the Susquehanna for a term of 9 Months when he was marched to Stony Point and there joined the Army of General Washington and from there to Poughkeepsie and was then discharged on the 25 th Day of December Christmas Day after having served said full term of time —
3 rd That next in the Month of April 1780 he again volunteered for 8 Months at Rochester under Captain Andrew White  Andrew White in the Regiment commanded by Col. Albert Pauding of State troops as a private and served in the said Company on the West side of Shawangunk Mountain along the frontier between Rochester & Middletown and was discharged at Rochester in the following December after having served said full term —
4 th That next in the Month of March 1781 I again volunteered for 8 Months under Capt Andrew White  Andrew White in the Regiment of State troops commanded by Col. Albert Pauding and served along the frontier between Middletown and Middletown and was discharged after serving said 8 Months at Rochester at the house of the house of Andrew C. Druitt as a private and was guarding the frontier —

5 th That in the Adverse winter 1782 I again volunteered for 8 Months Under Captain Penney in the Regiment of State Troops Commanded by Col and Wissmfill and served said full term of 8 Months on the frontier as afor- said and was discharged at Rochester aforesaid after the said Service — That in sixth of the Aforesaid Engagements of aforesaid he was in no regular battle. he was at the burning of Warwasing in 1781 during his 4 th engagement as set forth and was in several little Indian Skirmishes and pursuits
That to the interrogatories prescribed by the War Department being put by the Court as aforesaid he answers to the
8 th That he was born in the Town of Warwasing in the County of Ulster on the 27 th Day of June 1761
2 nd That his age is recorded in the family Bible and in the Warwasing Church
3 rd That he was born in the Town of Montgomery Warwasing aforesaid has always lived there and lives there still
4 th That he was always a volunteer as aforesaid
5 th That he was in each engagement stationed on and along the frontier on the Westerly side of Shawangunk Mountain and not in the vicinity of Regular or United States Troops except as aforesaid at the time of Joining General Washington's Army at Strong Point and the the first engagement at Fort Mantgomery — When there was a Regiment under Capt Col Durbin — & a Com- pany of Artillery under Capt Brody
6 th That he never recd a written discharge from the Service that he received pay certificates which he sold for much less than their value
7 th That I am well known to many inhabitants of the Town of Warwasing who can testify to my good Character — that I have produced in court to prove my services — William Dewitt Conrad Lewis & Cornelius Defong —
That herewith is attached a Certificate from the Clergymen of the Church in which I am a member

These Certify that Jacobus De Witt is a member of the Church of Wanaking , in good and regular standing, and as such is hereby affectionately recommended to the fellowship of any Church of Jesus Christ within whose bounds he may in the Providence of God at any time sojourn
Wm J. Grits Pastor May 7 th 1832

State of New-York, ULSTER COUNTY CLERK'S OFFICE: { ss.
I, Jacob Snyder, Clerk of the County of Ulster, and Clerk of the Court of Common Pleas of Ulster County, Do hereby Certify== That Abraham G. Hardenburgh Esquire, was on the day of the date of the Certificate to the annexed three Affidavits a Judge of the Court of Common Pleas in and for the said County of Ulster duly authorised to take affidavits, &c.; and further that I am well acquainted with the hand writing of the said Judge and verily believe the signatures "A. G. Hardenburgh" subscribed to the Certificates or the said three annexed affidavits to be genuine.
In Testimony whereof, I have hereunto subscribed my name and affixed the Seal of the said Court and County, this 14 th day of September 1832
Jacob Snyder

That 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 New York State
Jacobus DeWitt
Sworn to and subscribed the day and year aforesaid
Before J. D. D. First Judge -
Abm. A. Deyo } Judges Abm. G. Hardenburgh } John G. Gansen }
I the undersigned being William D. Smith a resident of the Town of Warrensburg do Certify that I am 74 years of age that I am personally acquainted with Jacobus DeWitt who has subscribed & sworn to the aforesaid Application - that I know that he served in the year 1779 for 9 months under Capt. DeWitt as a volunteer in the Regiment of Colonel Pauding as set forth having seen him in said service - That I also saw him in the service in the year 1781 - for 8 months in the Regiment of Colonel Pauding in the company of Capt. Price - that he served as stated and set forth - That I am knowing to his being out in the service in 1780 & in 1782 but can't set forth the particular service but that he is reported & I have no doubt served as he has set forth - That he is a man of good character and respectability and entitled to full Credit
Sworn & subscribed the day and year aforesaid
Before A. G. Hardenburgh one of the Judges of Ulster Co. N.Y.
I William DeWitt a resident of the Town of Shawangunk aged 75 years do Certify that I am personally knowing acquainted with & a brother of Jacobus DeWitt the person who has subscribed and sworn to the aforesaid declaration that I am personally knowing to his having served for 34 months as set forth - viz 8 Mo in 1777 9 months in 1779 - 8 months in 1780 - 8 months in 1781 & 8 months in 1782 as set forth -
William DeWitt
Sworn & subscribed the day and year aforesaid
Before J. D. D. First Judge & A. G. Hardenburgh one of the Judges of Ulster Co. N.Y.

I Cornelius Deyo a resident of the Town of Warwarsing do Certify that I am personally acquainted with Jacobus Deyo that I have no doubt he is of the age of 71 Years that I have no doubt he served for the full term of time set forth that I know of his lives in the Service but cannot particularly specify that he is a Man of undoubted veracity and entitled to implicit belief -
Cornelius Deyo
I worn the 10 th Sep. 1832 before me
Adolphus Hardinburgh one of the Judges of Ulster Com Pleas -
And the said Court do hereby declare their Opinion after the investigation of the matter and after putting the interrogatories prescribed by the War Department that the above named Applicant was a Revolutionary Soldier and that he served as he has stated we have no doubt and the Court further Certifies that it appears to them that Abraham J Smith who has subscribed the attached Certificate is a Clergy man and resident of Warwarsing - and that William Deyo and Conrad Brouwer and Col Schenck Deyo whose Certificates are hereto for subscribed and sworn to are residents as set forth and are Men of high standing and entitled to full credit and the Court further certifies that the said Applicant appears to be of the age of 71 Years as set forth -
Adolphus First Judge
Adolphus Hardinburgh } Judges
Abm A Deyo }
John J Brouwer }
I Jacob Snyder Clerk of the Court of Common Pleas in and for the County of Ulster in the State of New York do hereby Certify that the foregoing contains the original proceedings of the said Court in the matter of the Application of Jacobus Deyo for a pension -
In Testimony whereof I have hereunto set my hand and Seal of Office this tenth day of September 1832 -
Jacob Snyder

15. 9. 74
Jacob DeWitt Ulster Co. N York
Admitted Private 2 years C
James M. Mitchell Shawangunk N.Y.

WAR DEPARTMENT,
Pension Office,
Sir:
The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in a tabular form. On comparing these papers with the following rules, and the subjoined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will shew what is necessary to be done. Those points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus: { ). You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your claim.
A Statement, shewing the Service of Jacobus Devitt
   Period when the service was rendered Duration of the claimant's service. Rank of the claimant. Names and Rank of the Company officers under whom he served. Names and Rank of the General and Field officers. Battles in which the applicant was engaged. Country through which he marched. Place of abode when he entered the service, and age at the present period. Evidence by which the declaration is supported.   Years. Months. Days.     June 1779 1 Private Capt. Henderbalt Capt. Paulding Small country in NY 71 years Warwick NY By living Witnesses   24 Nov. 1779 9 Capt. Devitt Capt. Paulding   April 1780 3 Capt. White Capt. Paulding   March 1781 3 Capt. White Capt. Paulding   1782 3 Capt. White Capt. White  
I am, respectfully,
Your obedient servant,
J. L. EDWARDS, Commissioner of Pensions.

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

will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County, in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.
The Court will propound the following ( m ) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.
 1. Where and in what year were you born?  2. Have you any record of your age, and if so, where is it?  3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?  4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom?  5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services.  6. { To a Soldier. } Did you ever receive a discharge from the service, and if so, by whom was it given and what has become of it? { To an Officer. } Did you ever receive a commission, and if so, by whom was it signed, and what has become of it?  7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution. 
The Court will see that the answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant.
The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons - one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion. If one of these persons is a Clergyman, the Court will so certify, and they will also certify, to the character and standing of other persons, giving such certificates.
The traditional evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party. And the Courts are requested to be very particular in the enquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
Applicants unable to appear in Court by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court.
Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature.
No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.
[a] The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance.
[b] The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not conforming to the rule.
[c] The age of the claimant must invariably be mentioned.
[d] The declarant must mention the period or periods of the war when he served.
[e] Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had. Every claimant must state, with precision, the length of his service, and the different grades in which he served, in language so definite as to enable the Department to determine to what amount of pension he is entitled. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service; but, according to the best of his recollection, he served not less than the periods mentioned below, and in the following grades:—For _____ year _____ months, and _____ days, I served as a _____ For _____ months and _____ days, I served as a _____; and for such service I claim a pension."
It is important, in all cases, to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months , is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state that they served two years in the militia, &c without specifying the tours, the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must, in every case, be clearly shown under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
[f] The law makes the relinquishment indispensable.
[g] The opinion of the Court is always required.
[h] The Clerk must give his certificate in every case.
[i] The Clerk must fix 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.
[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. & 1812 Wars Section.
March 13, 1926.
Logan Cumpson, 3886 E. 131 St. Cleveland, Ohio.
Sir:
I have to advise you, that the Revolutionary War pensioner, Cornelius Depuy DeWitt enlisted while living at Rochester, Ulster County, New York. He married November 23, 1786, Margaret Cantine. ( W. 19173 )
The Revolutionary War pensioner, Jacobus DeWitt enlisted while living at Warwarsing, Ulster County, New York. It is not stated whether he was married. (S.12758)
The Revolutionary War records of this Bureau fail to show a claim for pension, or bounty land on file on account of the services of a soldier named Andreas, or Andrew DeWitt, but in the above noted claim of Jacobus DeWitt, he stated that Andries A. DeWitt lived in Rochester, New York in 1781, and in the above noted claim of Cornelius Depuy DeWitt, one Andreas A. DeWitt a resident of Albany, New York, aged 68½ years in 1832, stated that he was the brother of Cornelius DeWitt.
Respectfully,
WINFIELD SCOTT, Commissioner.

Reexam
✓ 12.758 INVALID.
File No. 12.758
Jacobus Dewitt Brw. Rev. War.
Act: June 7 th 1832
Index:—Vol. _____, Page _____
[Arrangement of 1870.]
1926 Mar. 13. Data to Logan Dampson, see his letter in Cornelius Dampson DeWitt. aw

J. L. Edwards
Honored Sir I again return you the declaration of Jacobus Duerst — Amended as instructed Your Oble Servt &c.
Hawangunko N.Y. 10 June 1833 —
James N. Mitchell