Revolutionary War Pension and Bounty Land Warrant Application File R 2169, Richard Collier, New York

SERVICE
NUMBER
New York
Collier, Richard
TP 2169
CONTENTS
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Richard Collier a pensioner in the matter of -
18174
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Write to J. G. Chastan Bath Steubin County N.Y.
2 to 3 Years

Declarations in order to obtain the benefit of the Act of Congress passed June 7 th , 1832.
State of New York
County of Steuben } ss. On this fifteen day of October in the year One Thousand eight hundred and thirty two personally appeared in open Court, before the Judges of the Court of Common Pleas of the said County now sitting, Richards Collier, a resident of the town of Bath in the said County of Steuben, 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 th 1832.
That he entered the service of the United States under the following named Officers and served as herein after stated. That he was born at Coeymans in the County of Greene (then Albany) on the thirteenth day of September in the year 1760 as he was informed by his parents. That his age was recorded in his father's family bible. that he copied the same into his own bible which is the only record he has of his age. That in the fall of the year 1777 and about the first of October he was ordered out from Coeymans aforesaid in Captain Minard Van Scyck's company of Colonel Van Ruyven's Regiment for the purpose of guarding the banks of the Hudson River. that said company was commanded by Lieutenant Tryon (Captain Van Scyck having gone with a part of his company with Colonel Van Bergen to meet Burgoyne) that Lt Col Dubois commanded said guards while so stationed upon the Hudson. that they continued upon the banks of the river about four weeks and until after the news of the

Surrender of Burgoyne). where they were dismissed & returned home.
That he enlisted in a company raised by Captain David McCarthy of one hundred men in the month of November in the year 1777 for the term of three years. that said company was ordered out upon the banks of the Hudson River in the town of Coeymans in the county of Albany and was there engaged in cutting timber & woods for the building of the fort at West Point. that they were mustered by the Captain on Saturdays & Mondays, which were the only times they saw said Captain, that Lieutenant Daniel Antroop had the command during the absence of the Captain. that said company received their provision from Colonel Willet at Albany. that said company was dismissed during the winter season. that said company did not serve the three years for which they were enlisted but were discharged in the fall of the year 1779. that they were discharged & received certificates from Colonel Willet that he received a certificate but that he has not seen it in thirty years & knows not what has become of it. that said company was not engaged under a civil contract.
That in the same fall of 1779 Joakim Collin a brother of this petitioner was drafted as a militia man in Captain Leonard Van Scack's company of Colonel Anthony Van Brugen's Regiment. that this petitioner returned home from the above mentioned service a few days previous to the marching of said company and became & was accepted as a substitute for the said Joakim. that said company marched through Albany
and Schenectady to Johnstown. that Butcher had been ravaging the Valley of Schoharie and that they went to meet them but when they arrived at Johnstown Butcher had retired they were stationed a few days at Johnstown when they returned home & were dismissed. that he was engaged in that service between

and Schenectady to Johnstown. that Butcher had been ravaging the Valley of Schoharie and that they went to meet them but when they arrived at Johnstown Butcher had retired they were stationed a few days at Johnstown when they returned home were dismissed. that he was engaged in that service between three & four weeks -
That he was drafted in Captain McVan Scack company and marched to Shunpe hill where they staid about a month but that the particulars of this service he does not recollect
That he enlisted for all the above services from Coxsackie aforesaid. that he continued to live in Coxsackie after said services and that in 1873 he moved in the said County of Steuben -
That all of said services amount to between two and three years -
He hereby relinquishes every claim whatever to a pension except the present and declares that his name is not on the pension roll of the agency of any state sworn subscribed
this day year aforesaid H. L. Prins, Ex. Clk Steuben County
Richd Collin
We Libius L. Wisner a clergyman and Asa Towns residing in said Steuben County hereby certify that we are well acquainted with Richard Collin who has 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 resides to have been

a revolutionary soldier, and that we concur in that opinion - Subscribed and sworn to the day & year aforesaid } Lebbeus L. Wisner Aaron Towner M. J. Runsey Dep CLK Steuben County
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 Lebbeus L. Wisner who has signed the preceding certificate is a clergyman resident in Howard in Steuben County aforesaid and that Aaron Towner who also signed the same is a resident of Howard in said County and is a credible person and that their statement is entitled to credit
Paul G. Cook Ezra Chapin
I David Runsey clerk of the said Court of Common Pleas of Steuben County do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Richard Collins for a pension
In testimony whereof I have hereunto set my hand & affixed the seal of the said Court this sixteenth day of October A D 1832 D. Runsey Clerk Steuben County By M. J. Runsey Deputy Clerk

State of New York } county of Columbia } ss John Collier of said County being duly sworn deposes and saith that this deponent is a brother of Richard Collier, that the said Richard Collier was born at Cossahie in the county of Greene (then Albany) on the thirtieth day of September in the year 1760 as this deponent was informed by his parents and as it was recorded in the family records which were kept in the family bible and which records this deponent has frequently read; that this deponent remembers that the said Richard was drafted as a militia in the year 1777 in the company under the command of Captain Van Schaijk in Col Van Bergen's Regiment for the purpose of guarding the banks of the Hudson River and that the said Richard with part of said company went upon the banks of the Hudson and were there under the command of Lieut Col Dubois and continued there until the enemies ships returned to New York when the said militia men were dismissed Capt Van Schaijk did not then and there command that part of his company. this deponent does not recollect how long they were upon the Hudson - That this deponent remembers that the said Richard Collier enlisted in a company under the command of Capt David McCarthy in the fall of said year 1777. that this company was ordered out upon the banks of Hudson River in the town of Coeymans in the county of Albany and was there engaged in cutting wood and timber for the purpose of repairing the forts at West Point and other purposes which this deponent does not recollect. that the said company was not employed under a civil contract. that this deponent frequently visited said company and saw the said Richard Collier there -

that the said Company according to the best of this deponents recollection was upon the Hudson between two or three years, but that during part of the winter the men were allowed to return to their homes - That in the fall of the year 1779 Joakim Collin was drafted as a militia man in the company under the command of Capt Minard Van Schaick - Anthony Van Buren Colonel and General Tenbroeck that the said Joakim not having been engaged in the service asked the said Richard Collin who had been just discharged from the service, upon the Hudson to become a substitute for him the said Joakim to which the said Richard assented and was accepted as such substitute - that the said company and the said Richard marched to Johnstown but this deponent does not remember how long they were there - That this deponent recollects that the said Richard Collin was in other services than those specified in this affidavit but not with sufficient distinctness to set them forth -
John G. Collier
Subscribed and sworn before me November 12. 1832
Fredus Howard, Justice of Peace State of New York
On this day personally appeared Samuel Hotchkiss Esq. Clerk of the Court of Common Pleas in & for the County of Cortland do hereby certify that Fredus
Howard Esq., before whom the foregoing affidavit was sworn to as the of taking said affidavit a Justice of the Peace in & for said County of Cortland duly authorized to take the same - And further that I am acquainted with the hand writing of said Justice & verily believe that the signature "Fredus Howard" subscribed thereto is genuine. In testimony whereof I have hereunto set my hand & official seal this 29th. 1833 In the absence of Saml. Hotchkiss Esq. Clerk Gardner Knapp Dep. Clerk

18174
Richard Collier Steuben county New York
e. m. Hroop
I send you all the proof I believe we have of Collins service. the cutting of wood is a historical fact. if the papers are not yet sufficient please give us directions.
Yours &c
Joseph G. Masten Bath N. York

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 Collier, Steuben co. N.Y.
   Period when the service was rendered. Duration of the claimant's service. Rank of the claimant. Names and Rank of the Company officers under whom he served. Names and Rank of the General and Field officers. Battles in which the applicant was engaged. Country through which he marched. Place of abode when he entered the service, and age at the present period. Evidence by which the declaration is supported.   Years. Months. Days.     Drafted 1777 about 28 private Capt Van Schaick Col Van Brugh 72 Albany co N.Y. tradition   enlisted 1777 2 X Capt Marty Col Willet Bank of the Hudson   substitute for Joakim 1779 3 1/2 wks. Lieut Antwerpt Schoharie   Drafted about 1 Capt Minard Van Schaick Johnstown  
I am, respectfully,
Your obedient servant,
J. L. EDWARDS, Commissioner of Pensions.
X Employed wood cutting for forts most of this term; mustered twice a week - returns issued by Col. Willet
The act of 7 June '32 provides for active service - The term of 2 yrs as wood cutter can't be allowed without proof, as we know of no such service that during the Revolution.

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

will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County, in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.
The Court will propound the following (m) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.
 1. Where and in what year were you born?  2. Have you any record of your age, and if so, where is it?  3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?  4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom?  5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services. 
 6. { To a Soldier. } Did you ever receive a discharge from the service, and if so, by whom was it given and what has become of it? { To an Officer. } Did you ever receive a commission, and if so, by whom was it signed, and what has become of it? 
 7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution. 
The Court will see that the answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant.
The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons - one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion. If one of these persons is a Clergyman, the Court will so certify, and they will also certify, to the character and standing of other persons, giving such certificates.
The traditional evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party. And the Courts are requested to be very particular in the enquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
Applicants unable to appear in Court by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court.
Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature.
No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.
[a] The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance.
[b] The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not conforming to the rule.
[c] The age of the claimant must invariably be mentioned.
[d] The declarant must mention the period or periods of the war when he served.
[e] Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had. Every claimant must state, with precision, the length of his service, and the different grades in which he served, in language so definite as to enable the Department to determine to what amount of pension he is entitled. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service; but, according to the best of his recollection, he served not less than the periods mentioned below, and in the following grades:—For _____ year _____ months, and _____ days, I served as a _____. For _____ months and _____ days, I served as a _____; and for such service I claim a pension."
It is important, in all cases, to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months , is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state that they served two years in the militia, &c without specifying the tours, the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must, in every case, be clearly shown under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
[f] The law makes the relinquishment indispensable.
[g] The opinion of the Court is always required.
[h] The Clerk must give his certificate in every case.
[i] The Clerk must affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he has no public seal of office, the certificate of a Member of Congress, proving the official character and signature of the certifying officer, should accompany the papers.
Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other papers authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
Proof of Service.
[j] In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses, who are required to set forth in their affidavits the time of the claimant's entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
[k] The notes from [a] to [i] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in note [j] applies to continental troops only.
[l] This traditional evidence is indispensable in militia cases.
[m] If a witness cannot be found, the declarant must state the fact.
[n] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration. }

Acts of July 14, 1862, and March 3, 1870
P. O. _____
2109 Richard Collier
Service: _____
Enlisted: _____, 18
REJECTED
Discharged: _____, 18
Application filed: _____, 18
Alleges: _____
Re-enlisted: _____
Attorney: _____
P. O. _____
_____ Recognized. _____ Contract.
_____ Cert. of Dis. Searched for _____, 18

New York Rev.
Rich d Collier Suspended for 5 Nov 1833. to Mr Baker
2169
Act y June 32