Revolutionary War Pension and Bounty Land Warrant Application File S. 16069, Uzzial Carter, New Jersey

SERVICE
NUMBER
New Jersey
barter, Ussial
S. 16069
carded
CONTENTS

Ohio 19.161
Wm. Carter who was a Private in the Comp. commanded by Captain _____ of the Regt. commanded by Col. Seely in the Campaign for 14 Months N.Y.
Inscribed on the Roll of Ohio at the rate of 40 Dollars 66 Cents per annum to commence on the 4th day of March, 1831.
Certificate of Pension issued the 17 day of Apr. 1827 and to the P.M. Wild Lebanon
Arrears to the 4th of Sep '33 $ 116.66 Pension allowance ending 4th Mo '34 23.33
$ 139.99
Revolutionary Claim Act June 7, 1832
En. C. Stiles Vol. 8, Page 5
Recorded by Book E.
Clerk

The State of Ohio Warren County ss on this 3 rd day of October in the year of our Lord one thousand eight hundred & thirty two personally appeared in open court before the court of common pleas for Warren County of man in person Walter Carter a resident of said County State of Ohio aged seventy eight who being first duly sworn according to law deposits on his oath make the following declarations in order to obtain the benefit of the act of congress passed March 9 th 1832 - That he entered the service of the United States under the following named officers & served as herein stated, viz. About the beginning of the fourth year of the revolutionary war & as he thinks in the month of April of that year, in Essex County New Jersey, he was drafted as a Native man to serve three months. Under one Capt. Van Blarcum of Essex County of, that he thinks his company was attached to the continental troops at Morristown in New Jersey the next day after the draft. & that Lieut General Simey gave an officer in said company he recalls that Col. Hathaway commanded the regiment to which he belonged & that one Capt. Pemberton was adjutant in said regiment. That said regiment was marched under Genl. Howe well to Newark from there to New Windsor on the North river about forty miles from the City of New York where the troops remained for three or four weeks & from there they marched to a place called the Farms between Elizabeth Town & Newark in New Jersey They were marched backward & forward from this place to Pauls Hook during the three months & until they were discharged at the end of that time at Newark in New Jersey - He thinks that Springfield was occupied by the British during this time - that he immediately re-enlisted for a month & served in the same with his old Col. Clinton & again under

Capt Reed, for one month & for another month under a Capt whose name he dares not mention. That he was being attached to a regiment commenced by Col Seeley for at least six months together during which time he well remembers a battle or skirmish between the New Jersey Metes & the British troops at a place called the Ash Swamp which he thinks was about 8 or 9 miles from Elizabeth in New Jersey, he was engaged in the battle, he was serving also under one Capt Joseph Stickler for some time but how long he cannot now mention. That he is positive that he served after that from the time he first entered the army at least three years. That he was always in the New Jersey Metes. That he was one kind of a substitute for one month at a time, or his substitute for the  other  month of one month each all of which he faithfully served out. That he has no documentary evidence to prove his services & knows of no person living who can testify to it.
He hereby relinquishes all claim to a pension or annuity except the present & declares that his name is not on the pension roll of the agency of any state deemed to be subscribed in Open Court 3 d Oct. 1852 } J. K. Wilds clk }
W. H. C. AW

We Richard Simonton — a clergyman residing in the County of Wayne State of Ohio and John Potter residing in the same place — hereby certify that we are well acquainted with Daniel Cartes who has subscribed and sworn to the foregoing declaration, that we believe him to be 88 — years of age; that he is reputed and believed in the neighborhood where he resides to have been a soldier in the revolution and that we concur in that opinion.
J. H. Wilds Clk
Richard Simonton John Potter
And the said court do hereby declare their findings after the investigation of the matter and after putting the interrogatories prescribed by the War Department, that the above named officer was a revolutionary soldier and served as he states, and the court further certifies that it appears to them that Richard Simonton — who has signed the preceding certificate is a clergyman resident in the county of Wayne and that
William Potter who has also signed the same is a resident in the County of Wayne — & is a credible person, that the third statement is entitled to credit.
Interrogatories. 1. Where and in what year were you born?
2. Morris County, New Jersey in the year 1764
3. Have you any record of your age; and if so, where is it?
I have none
4. Where were you living when called into service; where have you resided since the revolutionary war; and where are you now living? I lived in open to New Jersey when called into the service of the revolution  open to New Jersey when called into the service of the revolution till I came to Ohio 15 years ago where I have lived ever since
5. How were you called into service; were you drafted, did you volunteer, or were you a substitute? and if a substitute, for whom? I was called into the service in the War of 1812
Heard in my declaration

5. State the names of some of the regular officers who were with the troops when you served; such continental and militia regiments as you can recollect, and the general circumstances of your service (As I have stated all I know on this subject in my deposition under oath
6. Did you ever receive a discharge from the service; and, if so, by whom was it given, and what has become of it? I recd one from Col. Mathewson which I have lost
Mabel Carter petition for pension - 5057
7. State the names of the persons to whom you are known in your present neighbourhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the revolution.
I am known to Mr Simonson Mr. Holter Mr. Dunal & others in my neighborhood Simon to Redwood in Jan } about 3rd October 1852 } J. G. Wilds clk Usual + Carter marks
I, Jonathan K. Wilds, clerk of the court of common pleas, do hereby certify that the foregoing contains the proceedings of the said court in the matter of the application of Mabel Carter for a pension
In testimony whereof I have hereunto set my hand and seal of office this 8th day of October in the year of our Lord one thousand eight hundred and thirty two. J. G. Wilds clk

15.051
Maggie Barker Warren County Ohio
Return
Acct 46.66 pr Annun —
9333 2377 1.666
J. H. Wild Esq Lebanon Warren Co Ohio

WAR DEPARTMENT,
Pension Office,
17 th June ~ 1833
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
Statement, showing the Service of Myrial Carter Warner No. Ohio
   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.     1. private Col. Halkarray 68 years Traditionary   10. " Seeley Chas. Coats   2. " Serrard New Jersey   5. " Spencer.  
I am respectfully,
Your obedient servant,
J. L. EDWARDS,
Commissioner of Pensions.
The Amended declaration of Myrial Carter, is state to indefinite and the papers are again returned

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 duty 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 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, in support of the declaration of the party. And the Courts are requested to be very particular in the inquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
Applicants unable to appear in Court, by reason of bodily infirmity, may make the declaration before a Judge or Justice of a Court of Record, 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 officer 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, deponeth 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 time, the name 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 place where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
[f] The law makes the relinquishment indispensable.
[g] The opinion of the Court is always required.
[h] The Clerk must give his certificate in every case.
[i] The Clerk must affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he has no public seal of office, the certificate of a Member of Congress, proving the official character and signature of the certifying officer, should accompany the papers.
Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other papers authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
Proof of Service.
[j] In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses who are required to set forth in their affidavits the time of the claimant's entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
[k] The notes from [a] to [j] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule 10 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.

Additional statement of Daniel Carter of Warren County Ohio for a pension under the act of Congress of 7 th June 1832
Said Carter being known saith that he served as a private soldier in a regiment of New Jersey Militia for three months as a draft made of the New Jersey Militia in April 1788. That he served as a substitute for one Isaac Tamm who was drafted, & that Col. Hathaway commanded the regi- t. which he was attached, & that said regiment was engaged during this time as stated in his first application. At the end of the time above stated he volunteered for one month at a time under General Call for troops in the New Jersey Militia for five months in succession one term of one month when he served as a sub- stitute for King in all six months service under Col. Keely of the New Jersey Militia who commanded the regiment to which he was always attached during this six months. That during this time a smart skirmish ensued between the British & American troops at a place called the ash swamp. a distance of about 10 miles from Elizabeth Town, during this six months he was always in the field as a common soldier & no part of the time in garrison.
He also served immediately after the expiration of his last term as a common soldier in the field two months in the New Jersey Militia, he was during this time in a regim- ent commanded by Col. Leonard in engaged chiefly in fortifying a camp at Sandy Hook. This service was on a call for men for one month at a time & he was a volunteer for the three months off.
He also served three months under Col. Stevens of the New Jersey Militia immediately following the last off service as a common soldier in the field. That during this time the regiment was marched from Morris Town to New Brunswick & the regiment was engaged in building the

Statements of the Brits & Theorists on the New Jersey lines that this service was performed under draft for one month at a time on the New Jersey Militia & that he served as a substitute for others during this time but for whom he cannot recall as it was his practice to hire for such as offered at the close of each term & on a new call being made - the well recollects the service Navy to be quite a state later. He claims to have served as follows.
 Three Months under Col. McMurtry - 3-  Two Months under Col. Lyle - - - 6  Two Months under Col. Seward - - - 2  Three Months under Col. Spencer - - - 3 
Making in all 14 months of which he is penitent - & for which he claims a pension. He is quite sure he performed other service but as he cannot recollect with sufficient accuracy the date & length of time he makes no claim for them & further settlement & submitted before me 20th July 1833  Lebanon this 20th July 1833  Benj. Blackburn J.P.
The State of Ohio } Warren County } ss Jonathan K. Wiles, clerk of the court of common Pleas within the Warren County Ohio hereby certify that Benjamin Blackburn Esquire is an acting Justice of the Peace duly commissioned & qualified & that his signature as above is genuine & that to all his acts as such due faith & credit is to be given as well in court of Justice as elsewhere. In testimony whereof I have hereunto set my hand & affixed the seal of our said court at Lebanon this 30th day of July A.D. 1833  J. K. Wiles clerk.

P
16069
INVALID.
File No. 16069
Wzzyial Carter
Pri Rev War
Act: June 7 th 89
Index:—Vol. 1 , Page 69
[Arrangement of 1870.]

Additional Statement
20 th July 1833

WAR DEPARTMENT,
Pension Office,
29 th June ~ 1833
SIR :
I return herewith the papers in support of the claim s of the person s whose names are hereto annexed.
These papers are in several respects defective. This Each case is accompanied by a brief. The objections are contained in the negative answers, in red ink, given to the questions.
Particular attention should be paid to the accompanying regulations and to the explanatory notes subjoined to the brief.
The extraordinary press of business in this office, arising from the great number of claims under the act of June 7, 1832, has hitherto prevented us from attending to the applications sent by you. The investigation of the cases presented under this law has been difficult and laborious, and notwithstanding the greatest exertions have been made by this Department, an earlier attention to your business has been found impracticable.
The brief has been prepared to meet all cases, and thus to save the excessive labor which would otherwise be imposed upon the office, and which would consume so much time as to render the delay two fold greater than it now is in the investigation of claims and writing letters. Each case is considered correct in all respects except in relation to those questions to which a negative answer is affixed. No other alteration or addition will be required.
I am, respectfully,
Your obedient servant,
J L Edward
H Nils Esq Lebanon Warren Co Ohio
Uzziah Bartle

Additional statement of Israel Carter an applicant for a pension under the act of congress of June 7 th 1832. This applicant further says that - He cannot remember the particulars of his service but he can state positively that he served as a substitute of common soldier in the rank for one Isaac Simmons a dropped Militia man in the New Jersey Militia for three months all that time in the field & that during this time Col. Hathaway commanded the regiment to which he belonged - He served for six months as a common soldier in a regiment commanded by Col. Secker of the New Jersey Militia part of this time he served as a substitute but for whom he cannot recollect - He subsequently served in the New Jersey Militia as a common soldier in a regiment commanded by Col. Seward of the New Jersey Militia for two months & also under Col. Spencer for three months in the New Jersey Militia. He further states that by reason of old age & the consequent loss of memory he cannot know positively as to the precise length of his service but according to the best of his recollection he served not less than the periods above stated as a common soldier & that he served under other officers as a common soldier in the New Jersey Militia including the

time above stated during the war of the rebellion from the month of April in the 4 th year after the war began until its close & for such service he claims a pension. Wm. this Boston
Sworn & subscribed before Me this 4 th of April 1833 Benj. Blackburn J.P.
Mark
- The State of Ohio Delaware county ss Personally came before me the undersigned a justice of the peace for Delaware county of? Thomas Cowen who being sworn: saith that several entries who has subscribed & sworn to the foregoing statement is the same person who applied for a pension before the court of common pleas for Delaware county Ohio on the 8 th Oct 1832 & where papers were returned to me for further statements as to same Sworn & subscribed before me Thomas Cowen this 4 th of April 1833 Benj. Blackburn J.P.

The State of Ohio } ss I Jonathan H. Wilds clerk of the court Warren County } of common pleas for Warren County. Certify that Benjamin Blackburn is a magistrate as above and that the foregoing signature, purporting to be his, is genuine.
In testimony whereof I have hereunto affixed my seal of office and subscribed my name this 4 th day of May 1833.
J. H. Wilds, clerk of the court. of common Pleas of Warren County Ohio

James L. Edwards Esq. Pension Office Washington City D.C.

Lebanon 20 th July 1933
Sir
I have this day drawn up an additional statement of Harold Carter a revolutionary soldier, to which he has made affidavit. He is old and at one time of course now has been & is much afflicted with paralysis. His character for integrity is very good - I have known him personally for several years & never had his prob- -ity questioned. I am satisfied his statement is at least - actually true & shall regret should his in ability to set forth accurately each particular of his service deprive him of the benefit of the law. He is poor & really depends on the daily labor of his son for his subsistence. Please inform me as soon as practicable what has been done in the case of Gent G Schenck & James Boony both from Worren county Ohio.
Very respectfully Yr Servt
I L Edmonds Esq.
Thos Corwin
W City O