Revolutionary War Pension and Bounty Land Warrant Application File S. 10871, Nicholas Holsapple, New York

SERVICE
NUMBER _____
New York.
Holsapple, Nicholas
S. 10871
carded
CONTENTS

20.180 New York
Nicholas Molsapple of Columbia in the State of N. York who was a private in the Co. F. — commanded by Captain Van Ghysebrecht of the Regt — commanded by Genl. Livingston on the New York line for 1 Year & 4 days
Inscribed on the Roll of New York at the rate of 40 Dollars 78 Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 9 day of Aug. 1833 and sent to H. H. Fairfield Hudson
Arrears to the 4th of Mar. '31 $ 81.56 Semi-ant. allowance ending Apr. '31 20.39 $101.95
{ Revolutionary Claim; } { Act June 7, 1832. }
Recorded by Geo. B. Miles Clerk, Book 6. Vol. 3, Page 62.

No 25429
Nicholas Holsapple Columbia County New York
Admitted
Private 12 mo 27 days
J. W. Fairfield
P.W.W.

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 show 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, showing the Service of Nicholas Horsapple Columbia County New York
   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.     Vol. 1776 - - 7 private Capt Van Ghysebeck Col Livingston 78 years Columbia County N. York Traditionary & 2 Witnesses papers correctly Attached   Served June 1776 - 6 - " Capt Pulver,   Served Apr 1777 - 2 - " same officers above   Ordered out July 1777 - 1 - teamster this team Capt Pulver   Served 1778 - 3 - private Capt Pulver, Col Livingston   12 6  
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.
[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 [j] note [j] applies to continental troops only.
[l] This traditional evidence is indispensable in militia cases.
[t] 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. z

State of New York
Columbia County } On this seventh day of May A.D. 1833. personally appeared in open Court before the Justices of the Justices Court in & for the City of Hudson in said County now sitting Nicholas Nolsap ple aged Seventy eight years who being duly sworn doth upon his oath make the following declaration in order to ob- the benefit of the act of Congress passed June 7 th 1832.
That he was born in the town of Livingston in said County in the year 1755 That he resided in said town till the Revolution & continued to reside there till within six years, since which he has resided in Germantown in said County That the record of his age is contained in the Church Record where he resides That in the year 1776 he volunteered in the Company of Capt Peter Van Goolbreck, & Regi- ment of Col. Peter R Livingston & Major Samuel Ten Broeck. That he marched on alarm in the latter part of the month of May in that year to Tunkbush & there waited for further orders Then he was encamp- ed with the regiment one week when orders came to discharge the troops & he being duly discharged came home. About the first of June of the same year he joined the Company of Capt Henry Pulver of the Regiment aforesaid, and acted in said Company of Scouts or rangers till December of that year making 6 months. This company was ordered out by the Commanding Officers of said Regi- ment to scour the County & to apprehend & bring in all Tories & enemies found - & frequently the Col. or Major was with them on their scouts They were organised regularly & served regularly during said time - Again in the Spring following he served

two months more in March & April, under the same Capt. & in the same Service as last above stated. Again about the first of July of this year, to wit 1777. he was ordered out in said Capt. Palen Company to go to the North on the approach of Burgoyne - That he was directed to take his team & move with the baggage in advance of the troops - That they pushed on via Albany &c to Ft Edward & he was ordered on still further to Ft George to assist in removing the American stores & in destroying the fields of grain to keep them from benefiting the enemy - About the first of Aug- ust a portion of the Militia were discharged & he was amongst the rest, & he returned home having served one month on this tour - Again in the year 1778. under the said Capt. Palen in said Regiment he served in his own country on scouts as aforesaid as much as three full months That on account of old age & consequent loss of memory he cannot state particularly the time & months of entering & leaving the last service stated but he is positive as to the service - That in all his said service he served twelve & a quarter months - That he was always a volunteer & a private - That he received no written discharge & has no documentary evidence - That although he was a sergeant in said Palen's Com- pany a part of the war, yet while in service he acted as private - That Capt. Leonard Ten Broeck had a company in the same Regiment That he has no living witnesses of his said service other than what is herewith sent

To wit the affidavit of Samuel TenBroeck his Major of Leonard TenBroeck & David Patty. & the opinion of his neighbors & the clergyman of the Church to which he belongs That he hereby renounces all claim to any pension or annuity except the present & that his name is not on the pension roll of the agency of any state
Subscribed & sworn to the day & year aforesaid Darker Elk
Nicholas his Holsapple mark
Columbia County ss Samuel TenBroeck of the town of Livingston in said County being duly sworn says that he was a Major in the Regi- ment of Col. Peter R Livingston during the war of the Revolution & that he is now a pension- er under the act of June 7. 1832. That he is well acquainted with Nicholas Holsapple the above named applicant & was acquainted during said War with Captains Van Gosbeck & Hulun who were captains in said Regiment of Militia That he recollects distinctly that in the summer of 1776 the Regiment marched as far as Greenbush & were there discharged after about one week & he has no doubt that said Nicholas was there - That there was a corps of Rangers or scouts during the year 1776-77. 78. kept almost con- stantly on foot in said county to prevent the murders & incursions of the Tories who committed

pillage & murder wherever they could - That said Corps were organised by the command of the Officers of the Regiments who sat with the "Committee of Safety" & tried all the prisoners brought in by their scouts - That said Capt. Paton was a very efficient officer in conducting such scouts & that said Nicholas was of that corps. He further says that in the year 1778 his Regiment was at Fort Edward during the month of July & that he has no doubt that Nicholas was there also & served as he states - That such as drove the baggage were regular soldiers drafted from their companies for that purpose - And he further says that he has no doubt that said Nicholas served as he states for as much as three months during the spring & summer of the year 1778. That said corps of Rangers or scouts were much employed at that time in the same service & under the same authority as before stated - That said Nicholas was a ready & good soldier & has always been a man of unimpeached veracity -
Subscribed & sworn to the day & year aforesaid }
Wm. Ten Broeck
D. Hart
Columbia County ss. Leonard Ten Broeck being duly sworn says he belongs to Livingston in said County that he is a pension under the act of June 7. 1832 - That he was a Captain in the Regiment of Col. P. R. Livingston, & Major Ten Broeck who has sworn to the above affidavit that he has read the above affidavit read & hereby testifies to the same facts -
Subscribed & sworn the day & year aforesaid }
Leonard Ten Broeck

Columbia County p. David Potts being duly sworn says he resides in the City of Hudson & is well acquainted with Nicholas Holsapple who has subscribed & sworn to the above declaration - that he knew him well during the Revolution that he this deponent belonged to the Company of Capt Jacob F Shaeffer - & Regiment of Colonel Peter R Livingston & Major Samuel Ten Broeck that he this deponent was marched to Greatbach in May of 1776 & was there one week waiting for further orders - that said applicant was there at the same time - that he has often seen said applicant in the corps of Guards or Rangers who were in service in said County against the Tories both in the 1776, 77, & 78. & he has no doubt he served as he states & for the time he states - & this deponent was also in July of 1777 at Fort Edward in the Company of Capt Platner & the Regiment aforesaid & he knows that said applicant was there & served as he states in his above declaration - that said applicant is remarkable for truth & veracity -
Subscribed & sworn to the day & year aforesaid
David his  X Potts mark
D Parker clk

112
I John Rudy a clergy man residing in the town of Germantown in said County, hereby certify that we are well acquainted with Nicholas Holsapple who has subscribed & sworn to the above declaration, that we believe him to be seventy eight years of age that he is reputed to be lived in the neighborhood where he resides to have been a soldier of the Revolution & we concur in that opinion
Sworn before me this 29 th of April 1883 Darker clk
John Rudy
We Peter R. Livingston Zachariah P. Tolland & Charles Robison Acting Justices of the Peace of the Town of Livingston in the County of Columbia, hereby certify that we are well acquainted with Nicholas Holsapple who has for the last year resided in the Town of Germantown that we believe him to be Seventy Eight years of age - that he is reputed and believed in the neighborhood where he resides to have been a Soldier of the Revolution -
Sworn before me the 6 th day of May 1883
Peter R Livingston Zachariah P Tolland
Jacob Harrington Justice
Charles Robison
John Saunders Supr
Horace Stevens Perch Proper
Wm Mear
David C. West
Justice of Peace Columbia County

State of New York
Columbia County ss. I Joseph D Monell Clerk of said County do certify that Jacob Bainger be- fore whom the within affidavit purports to have been sworn was at the date of the same a jus- tice of the Peace in & for said County - that I am acquainted with his hand writing & truly believe his name subscribed thereto to be his proper hand writing & signature. And I further certify that Peter R. Livingston, Zachariah P. Foland, & Charles Robinson are Justices of the Peace of the town of Living- ston & that Horace Stevens, Jeremiah Popen - Wm Mead, & David C. Keen are Justices of the Peace of the town of Clermont
Witness my hand & seal of Office this 21. day of May A.D. 1833 —
In the absence of Joseph D Monell
Richard Carriguan Deputy Clk.

And the said Court hereby declare their opinion after investigating the matter & after putting the interrogatories prescribed by the war Department, (the answers to which they find incorporated in the above declaration) that said applicant was a soldier of the Provisional Union States - And they further certify that John Rudy who has subscribed one of the aforesaid affidavits is a worthy clergyman residing in said Sunnyside - that they are well acquainted with Samuel T. Brock, Leonard T. Brock & David Potts who have also signed aforesaid affidavits, that they are credible men & their statement is entitled to credit
J. W. L. [unintelligible] [unintelligible] } Justices
Application of Nicholas H. Sapp 25429 J. W. L. [unintelligible]
I John D. Parker Clerk of the justices court aforesaid do certify that the foregoing contains the original proce- dings before said court in the matter of the application of Nicholas H. Sapp for a pension
Witness my hand & seal of office this 7th day of May A.D. 1883.
J. D. Parker Clerk

Rev. War
10871
INVALID.
No. 10,871
Nicholas Holsapple
Priv. Rev. War
Act: June 7 th 1832
Box:—Vol. a , Page 119
[Arrangement of 1870.]

John Conrad Petra Case of Pinder Jan 6. 52
1 Nicholas - 2 John Halsapple - 32-N.Y. w/w of Sturgeon Town N.Y.
Ex by Mr. Wade Jan 52

Hudson Jan 6 th 1852
Dear Sir
I received your letter to day stating that you wanted all the particulars possible as I will tell you about the men that served at the time that he died whether they served under or over him I cant tell as they all dead. Thus grove Sloan was Captain John McKinstry Colonel Samuel TenBrook one Oliver and a man by the name of Hunkapople went from the Scars town of County, Captain Sloan and Colonel McKinstry in in the town of Livingston where they were Sloan's widow drew pension. As Oliver Hunkapople and Oliver died in Germantown.
I will also send the affidavits as as it will be of any service or not I do not know. There was some other papers but I can get no other to them the man that typed to it was Wheeler & Clark but he can find no papers in his office. We know that it is just so we will try to see what we can do.
Nothing more that would be likely to render you any service Yours S er Edu d R. Pinder Wolfs Gate Washh g City