Revolutionary War Pension and Bounty Land Warrant Application File W. 95, Daniel Hart, New Jersey

SERVICE
New Jersey
Hart, Daniel Prudence.
NUMBER
W.95.
CONTENTS

107 New Jersey 28.04
Daniel Hart (deceased) of Spex Co in the State of New Jersey who was a private in the company commanded by Captain Southwick of the Regt commanded by Col Smith in the A. G. M. line for Brms.
Col of Art. 7. Batts. Providence 4th Bn - killed 31st with
Inscribed on the Roll of New Jersey at the rate of 43 Dollars 33 Cents per annum. to commence on the 14th day of March, 1831.
Certificate of Pension issued the 25 day of Jan. 1834 and sent to Ho L. Condit at Morristown
Arrears to the 14th of January. allowances ending
amt. due 7 Decr 1832 $32.85 for 4th class 1831
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by W. L. Williams , Clerk. Book C Vol. 3 Page 116
died 7 Dec r 1832

New Jersey 3182
Prudence Hart
widow of Daniel Hart
who was a pensioner under the Act of 7 June 1832 and who died on the 7. December 1832 of Essex Co. in the State of N. York who was a Private in the company commanded by Captain Gabeits of the regt. commanded by Col. Smith in the N. J. mil. time for 13 months
Inscribed on the Roll of New Jersey at the rate of 103 Dollars 33 Cents per annum, to commence on the 4th day of March, 1836.
Certificate of Pension issued the 11 th day of June 1839 and sent to Aaron Coe Westfield, N. J.
Arrears to the 4th of March '39 129.99 Semi-annual allowance ending 1 st Sept. 39 21.66
$151.65
{ Act July 7, } 1838. }
Recorded by D. Brown Book 14. Vol. 2
Clerk.
Page 125

Declaration, in order to obtain the benefits of the act of Congress, Passed June 7 th 1832.
State of New Jersey } County of Essex }
On this Twenty-ninth day of September Eighteen hundred and thirty-two Personally appeared before me John Little one of the Justices of the Peace in and for said County of Essex Daniel Hart a resident of New Providence in the County of Essex and State of New Jersey aged Eighty 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 was born on the 17 th day of December 1749 by the Record of his Father's Bible now in his possession
That he lived in the (now) Township of New Providence when he was called into the service and has lived in the same Township ever since.
That he volunteered his services and also a part of the time served the regular months' tours -
That he entered the service as a private Soldier under the following named officers and served as herein stated
In the year 1776 in the month either of June or July whilst residing in the said Township of New Providence he first volunteered in the service of the United States in the Militia of New Jersey under Captain William Garthwaite - Jacobiah Smith was Lieut. Colonel He joined the Company in Elizabeth Town March'd through Bergen County and crossed over to New York and returned in a few days to Elizabeth Town - He served one month and was dismissed under the same officers - The American Army at this time were at Long Island he believes under the command of General Washington -
His next service was at the expiration of a month after the above mentioned service - was encamped near Elizabeth Town Point - He does not now recollect the names of the Captain or other officers who commanded at this time - He served till the latter part of this month when he was taken sick and went home to his family
The next service which he recollects was two separate months' tour in the fall of the year 1776, the precise months he cannot recollect now - Remembers that it was but a short time before the British Army passed through Elizabeth Town - He thinks Joseph Norton commanded the Company but does not distinctly recollect - Colonel Nehemiah Wade he thinks commanded the Regiment at this time -

His next was he volunteered under Captain Jacob Coane in the latter part of the month of December 1776 for three months and laid a few days at Colonel Smiths in Connecticut farms in the County of Essex and there had a skirmish with the Hessians and took some prisoners - after this he marched to Elizabeth Town and continued there till the time expired.
He quartered in the house of one Barner Shute was dismissed about the first of April 1777 - he recollects that when he returned home he found his Blacksmiths shop occupied for the use of the American Army, he also worked at Smithing for the Army -
The next service he recollects was in the following summer (the precise month he does not recollect) at Elizabeth Town under Captain Samuel Herriman & Lieut. Ezekiel Sayre the other officers he does not recollect - This was a months service - He laid and quartered at the Storehouse of one Schabod Barnet.
He served again one month in the same summer in Elizabeth Town - Quarters in the house of John Herriman the Father of Capt. Samuel Herriman above mentioned - The names of the officers he does not now recollect.
Again in the fall of the year 1777 in the latter part of the month of September or the first of October he volunteered under Col. Samuel Totten - General Winds Commanding - Went to Morristown New Jersey and was there placed in a company - The Captain was not acquainted with and does not recollect his name - The next day he marched to Dutch valley, next day he marched he thinks to Sussex County New Jersey and then encamped for the night - They afterwards proceeded to New Windsor in the State of New York - but he has forgotten the name of the place where they stopped before arriving there -
The British Fleet had gone up the Hudson River to aid General Burgoyne who was taken Prisoner by Genl. Gates - The Fleet returned past New Windsor - He was taken sick whilst at New Windsor, and remained till the Regiment returned - He was there but a short time - and was brought home in a Wagon through Pompton and Parsippany in New Jersey being still sick - and continued so a considerable part of the winter - This was a months Tour but is not certain he served the full time before he returned home.
He again served one month part of the time.

part of the time at Hackensack and the remainder he thinks at Newark, the year and month he does not now remember nor the names of his officers - but thinks that Captain Spiser commanded - General Winder was there afterwards -
He was again on a Month's Tour at Second River in Essex County the year and month he does not remember but thinks it was before the Battle at Monmouth - He recollects John Potter Ellis Squier and Isaac Simpson were there - we had a Skirmish with the Green coats at this time -
The next Tour of service which he recollects was a Month in which he was at the Battle of Monmouth under either Captain Morse or Captain Craig from Rahway don't recollect which - He recollects Sergeant Samuel Potter (son of Col. Potter) Isaac Simpson John Potter Jacob L. Parsons were there from his neighborhood in the same company - They went through Rahway, New Brunswick and Princeton on their way -
He was out in service at Connecticut Farms at the time the church was burned - under Lieut. Ezekiel Layne in Capt. Wood's company but thinks Capt. Wood was not there - Again he was at the battle at Springfield Bridge - Capt. Littell of the Artillery was there - He saw the Church and several dwellings burned by the Enemy - recollects seeing Col. Spencer of the Militia there - was at Capt. Henny's house at Connecticut Farms when Mr. Caldwell first saw his wife after she was shot -
He was again on duty one month on guard at Rahway in the County of Essex under Captain Craig - Col. Samuel Potter was there - the year and month he does not recollect but remembers the weather was warm -
He was also on duty one month at Woodbridge in the County of Middlesex under Captain Morse as he thinks - does not now recollect the month and year - General Heard was there near Amboy the British were on Staten Island opposite Amboy
He continued to serve on monthly tours throughout the whole war, and hardly missed a month's duty He went out at almost all alarms - He kept guard principally between Woodbridge and Amboy -
He had no certificates of any kind - He was acquainted with - Col. Elias Dayton - Col. Mathias Ogden - Col. William De Hart - and Lieut. Shepherd Klock.
He knows of no witnesses now who can testify to any services by him performed except Jacob Potter James Doty whose affidavits are herewith annexed except perhaps Joseph Doty or Amos Potter -

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 any State -
Daniel Hart
Sworn to and Subscribed the day and year aforesaid before me John Little Justice of the Peace
We James B. Hynashaw and Stephen Day Clergymen and Jotham Potter all Residing in the Township of New Providence do hereby Certify that we are well acquainted with Daniel Hart who has sworn and subscribed to the above declaration that we believe him to be Eighty two years old as he says - That he is reputed and believed in the neighborhood where he resides to have been a Soldier of the Revolution in the Militia of New Jersey and that we concur in that opinion
James B. Hynashaw
Stephen Day
Jotham Potter
Sworn to and Subscribed the day and year aforesaid before me John Little Justice of the Peace -
I John Little Justice of the Peace in and for the County of Essex and State of New Jersey do hereby declare it to be my Opinion and belief that Daniel Hart who has sworn and Subscribed to the foregoing declaration is from bodily infirmity unable to attend in person at the County Court - And that 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 in the Militia of New Jersey and served as he states - And I do further Certify that James B. Hynashaw and Stephen Day who have signed the preceding Certificate are both Clergymen and that Jotham Potter who also signed the same is a Justice of the Peace - are all resident in the Township of New Providence in said County of Essex and are all reputable and credible men and their statement is entitled to Credit - John Little Justice of the Peace

Extract from the records kept by the Rev. Jonathan Elmer, when Minister of the Presbyterian Church in New Providence
"June the sixth seventeen hundred & eighty six. Marcell Daniel Hart to Prudence Potter."
State of New Jersey
Essex County ss } Personally appeared before me Aaron Cox Judge of the Court of Common Pleas in said County. Apostolus M. Elmer Esq. who being sworn according to law on his oath says that the above is a true extract from the records kept by my grandfather, when minister of the Presby- terian church in the village of New Providence, County of Essex & I expressed in figures instead of words
Sworn & subscribed Nov. 23 1888.
Apostolus M. Elmer
before me Aaron Cox Judge of the court of Common Pleas

3182
3735
17 June 1866 New York 1862
A. Nuttall Private 13 months
Sam Cox Esq. Westfield N.Y.

Declaration
In order to obtain the benefit of the act of Congress of the 7 th day of July A.D. 1838 entitled "An act granting half pay & pensions to widows State of New Jersey"
Essex County ss } On this 13 th day of Nov r . A D . 1838 Personally appear- ed before me the subscriber Aaron Cae one of the Judges of the Court of Common Pleas for said county. Prudence Hart a resident of the township of New Providence in the County of said aged 86 1/3 years. Personally known to me, and who is, I hereby certify, unable from bodily weakness & infirmity to attend the court holden at New Link, and who first being duly sworn ac- cording to law, doth on her oath, make the following declaration, in order to obtain the benefit of the act aforesaid. I am the widow of Daniel Hart, who was a private in the Essex county militia of New Jersey, as I believe and served under ve- rious officers in the war of the revolution, whose names are unknown to me, my said husband Daniel Hart was a pensioner of the United States, under the pension law of June 1832, and his pension paid to the time of his death, amounting to about forty four dollars a year as I believe. For the specification of his revolutionary ser- vices, I refer to the files of the Pension office. I further declare I was married to the said Daniel Hart on the sixth day of June 1786. by the Rev d Jonathan Elmer, then pastor of the Church at New- Providence aforesaid, and that my husband Daniel Hart died at his residence in New Providence Dec r . 7 th 1832 and that I have remained his widow to the present time, I was born on the 18 th day of June A D 1752, and my maiden name was Prudence Potter. Sworn and subscribed the day & year above written at the residence of the said Prudence Hart before me } Aaron Cae Judge of Court of Common Pleas } Prudence her Hart Mark

State of New Jersey } County of Essex } ss. I Elias Van Ansdale Junior Clerk of the Court of Common Pleas in and for the County of Essex. Do hereby certify that the foregoing contains the original proceedings in the matter of the Application of Prudence Hart the widow of Daniel Hart for a pension: That Aaron Coe within named the person whom such proceedings were had & the affidavits of said Prudence Hart and Apollonia Elmer were made and taken, at the time of taking the same was & still is one of the Judges of said Court, duly commissioned and sworn: and that the signature "Aaron Coe" affixed to the jurat of said affidavit is genuine —
In Testimony Whereof, I have hereunto set my hand and seal of Office at Newark in said County this Fourth day of December A.D. Eighteen hundred & thirty eight — 1838 — the name "Apollonia Elmer" interlined in this certificate —
E. Van Ansdale Jr. Clerk

Niagara in Niagara Co. N.Y. Lakewood is in Livingston Co.
 \begin{array}{r} 6850 \\ - 79 \\ \hline 6771 \end{array} 
APPLICANT'S WORKING SHEET
National Society, Daughters of the American Revolution
THIS WORKING SHEET SHOULD NOT BE RETURNED WITH APPLICATION
(Miss or Mrs.) Gertrude Ethelyn Minick Weber Wife or Widow of Jack A. Weber
Descendant of Albert Acker .
(Please give all dates by numerals, month first, and given names in full)
I am the daughter of
1.
Claude E. Merick born on Aug. 8 1880 at Hahaton Pa. Potter Co. Pa. died at Olean, N. Y. on 1920 and his (first or ) wife Ethelyn Acker born on 4-16-1885 at West Pike, Potter Co. Pa. May 1 died at Washington D.C. on 11-16-1959 married on 1905 child born 1-22-1907
2. The said Ethelwyn Acker was the child of
Silas J. Acker 1 born on 1853 at Gold, Penna. 1 Potter Co. died at West Pike Pa. Potter Co. on 8-27-1885 and his (first or ) wife you Ida S. Flynn. born on 1862 at ? West Pike, Pa. 1 = 1 Potter died at ? Ithaca, N. Y. on after 1918 married on 1879
3. The said Sister J. Acker was the child of
Samuel M Acker born on 1828 at Brayton, N.Y. died at Beth , Potter Co. Pa. on 3-23-1899 and his (first or ) wife Catherine Carns (Kane) born on 1828 6 at Lakewood, N.Y. died at Potter Co. N.Y. Pa on 3-6-1911 married on 10-10-1846
4. The said Samuel J. Acker was the child of
7 Silas Acker V born on 1-24-1791 at Sussex Co. N.J. died at Lakinville N.J. on _____ and his (first or Son's ) wife Elizabeth Mc Clellan born on _____ at Ireland 1850 Census died at _____ on _____ married on 5-18-1814
5. The said Silas acker  1767 was the child of albert acker born on 1760 at New York.
died at Georgetown, N.J. on 6-10-1832 and his (first or  ) wife Sarah Hart born on 10-17-1770 at New Jersey  7-17-1786 died at Georgetown, N.J. on 6-10-1832 married on 8-19-1803 Georgetown Co., N.J. after 9-19-1803  8-19-1803  Papper Cotton 6. The said  was the child of
6. The said born on  at was the child of Resided there
James _____ born on _____ at _____ died at _____ on _____ and his (first or _____) wife _____ born on _____ at _____ died at _____ on _____ married on _____
7. The said John was the child of born on 1 May 1884 at _____
died at _____ on _____ and his (first or _____) wife 79 _____ born on _____ at _____ died at _____ on _____ married on _____
See Act 10-1-1961 The said _____ was the child of _____ born on _____ at _____ died at _____ on _____ and his (first or _____) wife _____ born on _____ at _____ died at _____ on _____ married on _____
9. The said _____ was the child of _____
_____ born on _____ at _____ died at _____ on _____ and his (first or _____) wife _____ born on _____ at _____ died at _____ on _____ married on _____

10. The said.....was the child of .....born on.....at..... died at.....on.....and his (first or ) wife .....born on.....at..... died at.....on.....married on.....
In the space below, give reference to the authority for EACH statement of Birth, Marriage and Death. If from published records, give names of books and page numbers. If from unpublished records, a photocopy, or attested or certified copy shall accompany the application.
2nd Gen. Northern Penna Genealogy. Vol III, Page 1064
3rd Gen. Declaration of Catherine Asker. for Widow's pension - Cert. 5 5 10 15 Nat Archives " " soldier's Samuel Asker. (Cert. 3 8 1 34 4..)
4th Gen. Pension Record of Albert Asker. R-15 National Archives
5th Gen. Albert Asker Pension Record - 1 R-15 National Archives
6th Gen. 1850 census. Livingston Co. N.Y. Groton, p. 797
7th Gen. ....
8th Gen. ....
9th Gen. ....
10th Gen. ....
ANCESTOR'S SERVICES
My ancestor's services in assisting in the establishment of American Independence during the War of the Revolution were as follows:
Private (musician) Captain Henry Trelbont's Comp- any, 3rd Regt. N.Y. Line. Commanded by Colonel Joase Van Schraick. and Col. Granaroot. Pension Record. R. 15. National Archives. was in the Battle of Bemis Heights, Fort Stanwix and General Sullivan's Indian Expedition. 1776 - 1782.
Enl at Poughkeepsie, N.Y. in the Spring of 1776
Give below references, by volume and page, to the authority for the above claimed service. When reference is to unpublished or inaccessible record, photocopy or certified copy of such record, as outlined in Requirements for and Preparation of Application Papers , must accompany the application.

Daniel Hunt
Declaration
Should be made before Court, or, if impossible, before a Judge of Court as required by regulations.
Testimony of witnesses referred to should be procured.
Statement returned
J. Condit, Morris town N. Jersey.

B R I E F objections to the admission of Pension Claims , of which those answered in the negative, in red ink, will apply to the claim of Daniel Hart which require further proof or explanation.
I. Does the declaration show where the applicant resides? Yes II. Did the declarant make the declaration in the county where he resides? Yes III. If the applicant did not make the declaration in the county where he resides, is there any reason assigned for his not doing so? IV. Has the declarant mentioned the period or periods of the war when he served? No V. * Has he mentioned 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? No VI. Has he given the names of the officers under whom he served, in conformity with the regulations? Yes VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832? Yes VIII. Has the Court given their opinion? the Justice of peace has IX. Has the Clerk given his certificate? Yes X. Is the Clerk's seal affixed? And if so, has it a device or inscription by which it can be distinguished from any other seal? Yes

B R I E F objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of Daniel Hart which require further proof or explanation.
I. Does the declaration show where the applicant resides? Yes II. Did the declarant make the declaration in the county where he resides? Yes III. If the applicant did not make the declaration in the county where he resides, is there any reason assigned for his not doing so? IV. Has the declarant mentioned the period or periods of the war when he served? No V. * Has he mentioned 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? No VI. Has he given the names of the officers under whom he served, in conformity with the regulations? Yes VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832? Yes VIII. Has the Court given their opinion? the Justice of peace has IX. Has the Clerk given his certificate? Yes X. Is the Clerk's seal affixed? And if so, has it a device or inscription by which it can be distinguished from any other seal? Yes

XI. Has the applicant obtained the evidence of a clergyman and another respectable citizen as to their belief respecting his age and the general belief in his neighborhood relative to his revolutionary service? Yes
XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it?
XIII. If the applicant has no documentary evidence, and has not obtained the testimony of at least one living witness, has he stated in his declaration that such proof cannot be had? Witnesses
XIV. †If the applicant's name is not found on the rolls of military service, has he produced a witness or witnesses as to his service?
If he has produced direct proof as to service, has the magistrate who administered the oath, certified to the credibility of the witness or witnesses? No
Has the proper officer certified to the official character and signature of the magistrate as the regulations direct?
XV. Does it appear from any of the papers that the witness was in such a situation, or of such an age, as to have a personal knowledge of the applicant's service? Yes
XVI. ‡Are the papers authenticated as the regulations direct? No
XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered? No
EXPLANATORY NOTES.
* QUERE V. 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 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 shewn 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.
†QUERE XIV. Proof of Service.
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 claimants 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.
†QUERE XVI. 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 paper 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.
In every case where the clerk of the court, or other certifying officer, 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.

Dec. 10. N F 3735 7 July '38 Prudence Hart Mrs. H. C. [unclear]
J. P. Estlin Esq.
Penins. Office
Washington City
MS

Westfield Apr 6 o N. L.
Dec. 7. 1838.
Sir
Enclosed I present to you the application of Prudence Hart for a pension. I sent to the department a short time since an application of Phoebe Clark for a pension. I should like to hear of the result of that application.
Respectfully your obed t serv t .
Aaron Coe
L. L. Edwards Esq.

Flavel Island St. Jersey-
Jas. L. Edwards Esq.
Commissioner of Pensions

Dear Sir,
Enclosed is a Certificate of the Opera Co. Com. pleas. showing the time of the death of Danl. Hart, an Applicant for a pension from that County, showing also the name of his widow.
The case was exam d . (as I think) by Doct r Gump, & admitted - the certif t . to be issued to his widow, whenever the above proof can be furnished. —
Will you please to forward to me the Certificate, if the facts are found to be as I state them from memory? —
Be kind enough also, to hand the enclosed note to Dr. Gump.
Very respectfully,
your ob t . Serv t . & Friend,
Lewis Condict.
Morris town, N. J. Aug. 17 th . 34. —
Jas. L. Edwards Esq r . Comm ee Pensions. —

State of New Jersey Essex County
ss: I, Elias Van Arsdale Junior Clerk of the Inferior Court of Common Pleas of said County of Essex do hereby certify That Satisfactory evidence has been produced to this Court, to show that Daniel Hart, late an applicant for a pension under the law of the United States of June 7 th 1832, and a resident of New Providence in said County, died at his late dwelling on the Seventh day of December 1832, and that he left a widow namely Betsy Hart, who is still living in New Providence aforesaid.
In Testimony Whereof I hereunto subscribe my name and affix the Seal of said Court, at Newark in said County this Eighth day of January A.D. 1834.
By Order of this Court
E. Van Arsdale Clerk

Account book of Daniel Hart sent to Library of Congress Feb. 9. 1909
95 Rev WIDOW, &c.
File No. 95
Prudence Hart
Widow
Daniel Hart
Rev. Rev. War.
Act: July 7. 1838.
Index:—Vol. A, Page 300.
[Arrangement of 1870.]

Dec. 3, 1832 Pension Off.
Let this one be given them in the same manner, as tho' the declarations were taken before a Justice. L. G.
Secretary of War.
The suspended.

Dear Sir,
I respectfully solicit a minute of your time in behalf a poor widow of a Revolutionary soldier, who merely asks to be relieved from one of the forms of the Pension office, which cannot be dispensed with except by your equitable interference. — The case is briefly this. — Daniel Hart in his life time made a Declaration of his Militia service when confined to his bed, & totally disabled from appearing in open Court. — It was done before a Justice of peace , & not a judge , by misapprehension of the Justice, who had been informed by a judge, that under such circumstances of disability, the declaration & testimony could both be taken by a Justice. These facts are attested by the Justice. — The papers were examined at the Pension office last summer, & returned that the Declaration might be taken before a judge. — In the mean time, the Declarant, Hart, became paralytic — non compos mentis, & soon after died , leaving an aged widow, now equally infirm, & totally incapable of going to Court, & I fear without that sanity of mind to understand what she does. — The rule of the office is peremptory, & requires her declaration to be made before a judge. — I know these facts to be true, & in behalf of this poor widow, respectfully ask of you, to permit this case to go to its examination by Mr. Edwards, taking the Declaration to be as valid in this case, as the taken by a judge. — I do not ask you to take the labor of examining the whole case, — but so much of it as to satisfy you of the correctness of my statement, & if reasonable & proper, that you will save her the drudgery & trouble of making a new declaration before a judge — which if made, must of necessity be substantially the same as that now submitted. The papers are all enclosed — & those which show the truth of this statement are pencil marked A. & can be perused in 15 minutes.
I will knock at your office door to morrow morning at 1/2 past 10, for an answer.
Most respectfully, your friend
& ob t servant,
Lewis Condict
Hon. L. C. Gales, Secy of War.
Washington, 3 rd Dec r . 1833. — Tuesday morning.

11 In all cases, where it appears from other official papers that the officer in charge is the officer here repre- sents himself to be, the official record alteration of the Clerk may be made; but in this instance, to the care of the Dr. Crockett
The Secretary of War.
Dec. 11. 1863. P. M. [unclear] P. M. [unclear]

To the Hon. ble the Secretary of War,
Sir,
I regret very much to be obliged to trespass a minute on your time, but now & then a case occurs, in which the exercise of your equitable power sums necessary for the fulfilment of justice. — I have some 8 or 10 cases of Declarations for pension, sent back perhaps twice, some of them thrice , for further specification or testimony. The amendments & testimony have been all taken before the same Judge (Samuel B. Miller Esq.) sometimes as Judge — sometimes as Justice of peace — his official character & signature verified by the Clerk of the Court & his seal of office. — The testimony — deposition &c: last taken, taken before the same Magistrate, & in the same cases, are objected to as informal, not having the verification & seal of the Clerk again annexed. — It was omitted to save expense to these old men of the revolution, many of whom are our sons, — & in each case — upon other papers annexed thereto, the signature & official character are verified at least twice — & in some, three & four times. — Mr. Edwards has expressed no doubt, & I know entertain none, either of the genuineness of Miller's signature — or of his office. — The seal & certificate of the Clerk in each case, is a tax of half a dollar & in some cases has amounted to from $1.50 to $2.50 cents, which the poor soldiers can poorly afford. — I have proposed giving my own certificate — knowing the man — his signature & his official character personally — & I confess I was mortified — when Mr. Edwards decided — that as I was not now , a member of Congress, he could not, consistently with the rules of his office receive my certificate for this purpose. — I know he intends no personal disrespect — altho' he has rec d it my certificate in many instances, since I have ceased to be a member. — Since 1811, I have held a seat in the H. R. for 18 years: — & I defy any person to intimate a suspicion, that I have ever misled, or attempted to mislead a public officer of any grade, by lending my name, either to a statement of facts, or the character of a man, which would not bear the closest scrutiny. — If the ascertainment of truth be the object of the Pension office — it can be done, without subjecting these old men either to the delay or to the expense of sending back their papers to New Jersey. — With this explanation — my object is, respectfully to ask you — whether or not my certificate may be rec d . at the Pension office, as a letter M. P. for all such purposes as I have stated? — By the bye — there are a few other cases in which John Littell is the Magistrate — which in all other respects resemble those above stated. I offered in evidence, Littell's Commission, with the Govn. signature & the seal of the State, certifying myself, to the genuineness of the signature — but it could not be rec d .
Most respectfully — your obedt. servt. & friend
Levi Condict.
Washington Dec. 9 th 1833 —
Mr. Condict will call for an answer in half an hour.
Half past 10, O'Clock — Tuesday morning.

The Subscriber before whom the "Declaration" in order to obtain the benefit of the act of Congress passed June 7 th 1832 nd was made by Daniel Hart on the 29 th day of September 1832 nd
Do certify that when the aforesaid Declaration was made by him, he was very feeble and unable to attend at the Court for that purpose and the probability was that he would live but a short time.
That I then believed that the Declaration under those circumstances might be made before a Justice of the Peace as well as Testimony taken , and that belief was strengthened by consulting with a Judge of the Court. That accordingly I did take his said Declaration and the affidavits of such witnesses as he named who could testify to his service -
On enquiring of Joseph Doly soon afterwards he seemed not personally to know any facts respecting his services and again shortly afterwards, on conversing with Amos Potter respecting the services of Mr Hart his mind appeared to be in such a state of debility and his memory so confused and uncertain that I thought best not to take his affidavit to witness in the case, and he has not been better since, but worse -
I also certify that I knew John Potter, Ellis Equir Isaac Simpson and Jacob S. Parsons who are named in his declaration - And know from report (at and about the time of their death) that they are dead - And that the said Daniel Hart is dead -
New Providence October 31 st 1833.
John Littell
I hereby certify, that John Littell Esq. is a Justice of peace, in & for Essex County & that the above signature of his name is genuine
October 31 st 1833.
Lewis Condict

of New Jersey } Essex County } ss
Sally Hart the daughter of Daniel Hart deceased came personally before me the subscriber a Justice of the Peace in and for said County and being duly sworn on her Oath says that her Father Daniel Hart deceased late of the Township of New Providence in said County died on the Seventh day of December 1832 and left a Widow by the name of Prudence Hart
Sworn and Subscribed before me this 4 th day of November 1833
Sally Hart
John Littell Justice of the Peace
I hereby certify that Sally Hart the above Deponent is the Reputed Daughter of Daniel Hart above named and that the said Daniel Hart is the same person who on the 29 th day of September 1832 made before me his Declaration in order to obtain the benefit of the Act of Congress of June 7 th 1832 respecting Pensions
November 4 th 1833 John Littell Justice of the Peace
I also further certify that the above named Sally Hart is a person of truth and is to be believed and is a person of good Character and a member of the Church in good standing
November 4 th 1833
John Littell Justice of the Peace

We the Subscribers Residing in the Neighborhood where Daniel Hart deceased formerly lived do hereby Certify that we were acquainted with him and some of us have been acquainted with him more than thirty years - and although he moved in a humble sphere of life yet he uniformly sustained the character of an honest, sober Industrious man and a man of truth and veracity - And from his uniform adherence to candor and truth we have no hesitation in believing the Statements made by him, of the facts and circumstances of his Services, as a Soldier of the Revolution, as far as his memory served him as is set forth in his declaration made to obtain the benefit of the act of Congress of June 7 th 1832 -
New Providence October 30 th 1832
Myles Elson Levi Clark
John Lydon James Wilkinson
Samuel Badgley George Townley John Littell
The Subscribers to the above certificate, are among the most respectable & worthy citizens of New Providence, fully worthy of belief - most of them members of the Church in that village.
Morristown Oct. 31 st 1833.
Lucas Conduit, late a Referee from N. Jersey.

We the Subscribers composing the Church Session of the Presbyterian Church of New Providence in the County of Essex do hereby certify that Mr. Daniel Hart at the time of his death and for several years before was a member of the said Presbyterian Church in full communion and in good standing and that his life and character had been for many years as known to most of us that of an honest upright and good man
Joseph Galt
Jacob Lotter
William Pitt
Cabriel Johnson
Matthias Osborn
Joseph Ludlow

State of New Jersey
Essex County ss } Prudence Hart (The Widow of Daniel Hart deceased) of said County being duly sworn - before the Subscriber a justice of the Peace in said County saith as follows - That Samuel Potter formerly a Captain in the Army of the Revolution was her Father that he died nearly or quite 30 years since - He enlisted a company of men to serve 12 months or one year - in the year 1776 to serve in the northern campaign - My Cousin Amos Potter went out with him and returned with him as I well recollect for I was at the Wheel Spinning at the time - I have seen in his possession an old book or account book containing numerous accounts with individuals who I very well recollect were of his company and who went out when he did on that campaign as I believe and then understood
That book now shown to me I verily believe to be the same which my Father had in the year 1776 and which he took with him on that Campaign - Isaac Potter the son of Captain Samuel Potter and Executor of his Will is not living nor is any other son or daughter living that I know of to identify more distinctly the of aforesaid book
Sworn and Subscribed before me this 4 th day of November 1833 John Little Justice of the Peace -
Prudence X Hart mark
I certify that Mrs Prudence Hart the above deponent is a Person of truth and is of fair Character and a member of the Church of good standing and says she is 81 years old since last June.
Nov 4 th 1833 John Little Justice of the Peace
I certify that I have written a certificate in the book shown to Mrs Hart the above deponent at page 35 - which see -
Nov 4 th 1833 John Little Justice of Peace

State of New Jersey } Essex County ss }
Came Personally before me John Little one of the Justices of the Peace in and for the County of Essex Jacob Potter and being duly sworn on his Oath says that in June or July 1776 Daniel Hart was out in the service as a Soldier in the Militia and served one Month in Captain Garthwaite's Company - Jeremiah Smith was the Lieutenant Colonel
The American Army was at this time on Long Island and went from Elizabeth Town to New York and in about a week returned to Elizabeth Town and served the time out - we went to New York under Colonel Jeremiah Smith
That he served another month in the same Company the same season with this deponent below Elizabeth Town near the Point and was engaged in building the Fort there -
That the said Daniel Hart served a three months tour in the Winter of 1776-1777 in and about Elizabeth Town & Newark guarding the lines under Captain Jacob Crane - This deponent was in the service at the same time under Captain William Britton
That this deponent believes from recollection that the said Daniel Hart went with the Troops under Captain Samuel Potter to Morris town and as he then understood and believes went to New Windsor on the Hudson River in the State of New York - This deponent was not with him in this tour nor another that he recollects except as above stated
He says further that he believes that Daniel Hart from what he then understood was at the Battle of Monmouth - he also recollects that Samuel Potter (son of Colonel Potter) - John Potter & Isaac Simpson were said to be there
Jacob Potter
Sworn to and subscribed before me this 29 th day of September 1832 John Little Justice of the Peace

State of New Jersey } Essex County ss } I hereby certify that I am acquainted (and have been more than twenty years) with Jacob Patten and James Daly the witnesses who have testified to a part of the services of Daniel Hart who made the declaration to which this is attached and that they are both credible men and men of truth and have no doubt but their Statement on Oath will be believed by all that know them — Certified the first day of August 1833 John Little Justice of the Peace

Declaration of Daniel Hart
15709
The service not detailed agreeably to the regulations disallowed
Alm d
13 mo. fri
$43.33
Certificate to Prudence Hart from 4 march '31 to 7 dec. '32 —
J. Condit , Morris town N. Jersey.

State of New Jersey
7
Essex County ss. - Came personally before me John Little one of the Justices of the Peace in and for said county of Essex James Doty who being sworn on his oath says that in the winter of 1777 about the first of January or a little before, Daniel Hart was in the three months service and served the tour (in company with this deponent) under Captain Jacob Crane - and lay at Colonel Jecerniah Smiths at Connecticut Farms a short time and while there we had a fight with the Hessians and took about seventy of them Prisoners and afterwards marched to Elizabeth Town and there took about the same number of Highlanders Prisoners who arrived there from Rahway - In Elizabeth Town our Company Quarters at a house built by one Barna Shute and was dismissed in April one or two months after the term had expired. James Doty
Sworn to and subscribed before me the 29 th day of September 1832 John Little Justice of the Peace
Essex County ss: Elias Van Arsdale Esq Clerk of said County of Essex do hereby certify that John Little before whom the foregoing proceedings in the matter of the application of Daniel Hart for a Pension were made & taken at the time of taking the same was & still is a Justice of the peace in & for said County duly commissioned & sworn & residing therein that I am acquainted with his hand writing & that the name John Little Justice of the peace hereunder subscribed to the foregoing proceedings are the genuine signatures of said Justice
In Testimony Whereof I have hereunto set my hand & Seal of Office this tenth day of October 1832 first day of August A D 1833
E Van Arsdale Esq Clerk