Revolutionary War Pension and Bounty Land Warrant Application File R. 4496, Job Halsey, New York

SERVICE
New York
NUMBER _____
Pr. 4496
Walsey Job
CONTENTS

Job Halsey Sus. Oct 1832 NY
[Faint mirrored handwriting from the reverse side of the page]
[Faint mirrored handwriting from the reverse side of the page]

State of New York County of Suffolk } p
Be it Known, that on this fifteenth day of October A. D. 185 2 before me, the undersigned, a Justice of the Peace, in and for the County and State aforesaid, personally appeared Thomas B. Halsey and George F. Halsey resident of Town of Smith Hampton in said County, and made oath according to law that Job Halsey who was a Soldier in the war of the Revolution, and who has heretofore made application for the benefit of the Pension Act of
That they are directly interested as a claimants in said Pension, and make d this affidavit to be filed with such additional evidence or arguments as my Agent may use in prosecuting said claim.
Countermanding and revoking all Powers of Attorney and authority heretofore given, I hereby constitute and appoint C. W. BENNETT , of Washington City, my true and lawful Attorney to prosecute the claim of Job Halsey for any amount of Revolutionary Pension, or increase of Pension that may be due; and I hereby authorize my said Attorney to examine all papers or documents in relation to said claim, on file in the Department at Washington City or elsewhere, to file additional evidence or arguments, and to receive for my exclusive benefit, the certificate which may be issued for said claim, which certificate I wish made payable at the Washington City, D. C. Agency; to appoint one or more substitutes under him for the purposes herein expressed, and to do all things that he might or could do were he personally present. Hereby ratifying and confirming all that my said Attorney and Agent shall lawfully do in the premises.
Subscribed, and Acknowledged before me the day and year above written, and I hereby certify that I believe the said Thomas B. Halsey & Geo. F. Halsey directly interested in said claim as set forth, and to be the identical party therein. George F. Halsey Thos B. Halsey Edwin Rose Justice of the Peace
State of New York County of Suffolk } p
It is Hereby Certified, that satisfactory evidence has been exhibited before me, Clerk of the Court of the County and Supreme Court that George F. Halsey & Thos B. Halsey the party who have sworn to, and acknowledged the foregoing Declaration and Power of Attorney, are the heirs of the reputed soldier aforesaid. I further certify, that Edwin Rose Esq. before whom the preceding affidavit and Power of Attorney were made and acknowledged, was, at the time of so doing, a Justice of the Peace, in and for said County, and that the signature purporting to be his, I believe to be genuine.
In Testimony Whereof, I have hereunto set my hand and affixed my seal of Office, this 21 st day of October 185 2
B. T. Hutchinson Clerk
1. Claimant's name or names in full.—2. Post Office address. 3. "That he is the identical man," or, "that she is the widow of the identical man," or, "that he or she is the legal heir of the identical man," &c., &c. 4. Leave this line blank.—5. "He is," "she is," or "they are."—6. Revolutionary soldier's full name.—7. Claimant's signature.—8. Claimant's name.—9. Magistrate's signature. 10. "Identical," "widow of," or, "child of."—11. Magistrate's name.—12. Clerk's signature.
N. B.—Should two or more heirs join in the foregoing, the plural should be substituted for the singular number.

21446
Job Halsey Suffolk county New York
C. m.
Will Washington Papers
Waiting for letter from Sec of State of New York
Joseph R Huntington, Esq., Smith Town, N. York.

WAR DEPARTMENT,
Pension Office,
Sir:
The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in a tabular form. On comparing these papers with the following rules, and the subjoined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will shew what is necessary to be done. Those points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus: { ). You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your claim.
A Statement, shewing the Service of Job Halsey, Suffolk county New York
   Period when the service was rendered. Duration of the claimant's service. Rank of the claimant. Names and Rank of the Company officers under whom he served. Names and Rank of the General and Field officers. Battles in which the applicant was engaged. Country through which he marched. Place of abode when he entered the service, and age at the present period. Evidence by which the declaration is supported.   Years. Months. Days.     Volunteer 1776 6 private Capt Rogers Col. Josiah Smith Long Island Sag Harbor Kingsbridge 73 Suffolk county N.Y. tradition  
I am, respectfully,
Your obedient servant,
J. L. EDWARDS,
Commissioner of Pensions.

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

will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County, in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.
The Court will propound the following ( m ) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.
 1. Where and in what year were you born?  2. Have you any record of your age, and if so, where is it?  3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?  4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom?  5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services.  6. { To a Soldier. } Did you ever receive a discharge from the service, and if so, by whom was it given and what has become of it? { To an Officer. } Did you ever receive a commission, and if so, by whom was it signed, and what has become of it?  7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution. 
The Court will see that he 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 , in the militia, &c. without specifying the tours, the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must, in every case, be clearly shown under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
[f] The law makes the relinquishment indispensable.
[g] The opinion of the Court is always required.
[h] The Clerk must give his certificate in every case.
[i] The Clerk must affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he has no public seal of office, the certificate of a Member of Congress, proving the official character and signature of the certifying officer, should accompany the papers.
Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other papers authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
Proof of Service.
[j] In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses who are required to set forth in their affidavits the time of the claimant's entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
[k] The notes from [a] to [i] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in note [j] applies to continental troops only.
[l] This traditional evidence is indispensable in militia cases.
[m] If a witness cannot be found, the declarant must state the fact.
[n] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.

Acts of July 14, 1862, and March 3, 1873.
REJECTED
4496
P. O.
John H. Halsey
Service: _____
Enlisted: _____, 18
Discharged: _____, 18
Application filed: _____, 18
Alleges: _____
Re-enlisted: _____
Attorney: _____
P. O. _____
_____ Recognized. _____ Contract.
Part of Dis...

Job Halsey act June 7. 1832 N. York Susp d .
Let to Hon. J. B. Jackson Feb 20. 1838.

21. 446
Heirs of Job Halsey
N. Y.
4496
E. Rose Jan: 8/88
act. 7 th June - 1832

Bridge Hampton Suffolk County N.Y. 11 Dec 1837
To the Com r of Pensions Sir
Will you please to inform me whether the claim of the heirs of Job Halsey of this County for Revolutionary Pension has now been allowed.
I ask this, at the request of three heirs who several years since, forwarded their papers to an agent at Washington a Mr Bennet & of whom a of their papers they can obtain no account whatsoever.
I have the honor to be your ob t serv t
Alvin Rose

C. W. Bennett. Atty at Law Washington City D. C.

Bridge Hampton March 31 st 1934
Dear Sir
Your letter of the 5 th of Sept /53 was duly recd in which you stated that the cause of the delay was owing to the withdrawal of the papers relating to the claim of Job Halsey for a Revolutionary Pension from the Pension Office and of their being filed with the clerk of the House of Representatives. I should like to know if any thing has been done or what is the probability of the claim being admitted. I have received to day a letter from a Mr Daniel D. G. Benedict dated March 14 th /34 saying that he has in his possession a copy of the most important part of the action that has been had by the Pension Department, at Washington City, on Job Halsey's claim for a Revolutionary Pension and if I will write to him and send him one dollar to pay for his trouble he will explain the matter to me and inform me why said claim was not allowed in full at the time it was applied for. As I have previously placed the matter in your hands believing that you will do all in your power I shall not answer your communication until I hear from Mr Benedict, ltr. was dated

as I have already said Mar 14/54 Gallipolis, Gallia Co, Ohio.
If Sir you could bring this matter to a speedy settlement you would oblige a great favour upon the heirs of Robt Halsey as some of them are quite needy I assure you
Yours Respectfully J. H. Halsey
Mr.

Bridge Hampton L.I.R. March 30 188
April 3 rd Job. Walsey
papers not authorized
Hon: J. L. Edwards
Commissioner of Pensions Washington City D.C.

Briarcliff Manor, Suffolk Co. N.Y. March 30 th 1885
Sir,
Your favor of the 17 th Dec r last, informing of the suspension of the claim of Ida Halsey for a pension, was duly rec d . In that letter you remark, that, "in order to extend the term of service in question beyond the 1 st of November 1876, proof will be required, as well as some explanation as to the occasion for serving as Mustardums". It is hoped, that the enclosed deposition of Anthony Shearman, now a pensioner, who is now served with the applicant in Mustardums, in the same Company, for 2 months & upwards, at or about the time in question, together with the further declaration of the applicant in relation to this matter, also inclosed, will prove satisfactory, and that the poor soldier will be placed upon the pension list.
New papers are forwarded with the Certificate of the Clerk of the County, in relation to the Officer before whom the new rec d , as it is believed that in this stage of the proceedings it will not be required, such Certificate being upon the papers now on file. If this be an error, however, it can be remedied by returning the papers.
I am, Sir, respectfully Your obedient Servt.
A. T. Rose
M rs S. L. Edwards, Commissioner of Pensions

10 Feb 20
for Hovey
NY
Papers for Chris
William Lloyd J. B. Jackson NR
Commissioner of Pensions Washington City

House of Dept Feb 19 th 1838
Sir
Having been requested to lay before Congress the claim of Col. Halsey for services rendered in the Revolutionary War, and understanding that his petition and papers relative to said claim were presented in 1832 or 3 to the Commissioner of Pensions for the purpose of having his name placed on the pension roll, which I understand was declined by the Commissioner - May I request the favor of a certified copy of all the papers in that case, at your earliest convenience
Very respectfully
J. L. Edwards Esq.
Comm r Pensions
Thos. B. Jackson

Bridgewater, Sept. 6. N.Y. Dec. 10. 1834
Sir, The inclosed pension papers of Mr. Halsey were returned from Washington, some time ago by J. R. Huntington, Clerk of Suffolk. They have been forwarded to me to get Mr. Halsey to make some additions to his original declaration, embracing answers to the interrogatories, which has been done, and having obtained the usual certificate of the Clerk, we think the papers complete, and hope to rely upon a favorable decision.
In conclusion, and by request of the applicant, I would beg leave to refer you to the Hon. Abel Huntington. Mr. C. from this sitting, for any information desired in relation to the applicant.
He further requests, that any communications heretofore made, may be made to me as his attorney.
I am, Sir, respectfully your Att. Servt.
A. J. Rose.
J. L. Edwards Esq. Commissioner of Pensions.
ms

Pringlehampton Suffolk B. N.Y. June 15. 1835
Sir,
Yours of the 17 th April last, returning the additional papers, or evidence, in the case of Mr. Halsey, for the purpose of being duly authenticated, was duly rec d . - And I herewith send the same back, authenticated as required.
In answer to your suggestion, that there are depositions in the Pension Office, showing that Col. Smith's Regiment was organized for six months, upon the express condition that they should not be required to serve out of Long Island, and that very shortly after their return from the Island they claimed the benefit of that condition, I do not know that I have any thing to say, further, than that the applicant, Mr. Halsey, denies that he ever so understood it. He says that he enlisted absolutely for six months, and that he considered himself bound to serve wherever ordered; and he is certain, that when Col. Smith gave his men liberty to go home & see their families, it was with the express understanding, or order, that they should hold themselves in readiness to rendezvous at the first call. At all events, that he & his fellow soldiers who came home with him, so understood it, or they would not have returned immediately and joined Col. Livingston's Regiment in New Haven, as they did, agreeably to the order that came to them effect.
On the whole, as there can be no doubt of the applicant's service, as stated in his declaration, with the proof annexed thereto, and especially as he is a very respectable old gentleman, of good moral character & correct habits, and really stands in need of the aid of his country for support, having no property of his own, his friends do now confidently trust, that his name will be enrolled upon the pension list, and that his just expectations, in this respect, will soon be realized.
J. L. Edwards Esq. Comm ee of Pensions.
Very respectfully yours W m Root A. T. Rose,