Pension Application

R.316
State of New York
County of Albany SS.
            On this 22d day of August in the year one thousand eight hundred and thirty eight, personally appeared before the Justice’s Court of the City of Albany, (the same being a Court of Record) Benjamin Austin a resident of the City of Albany, aged seventy eight years on the 8th day of February last, 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 7, 1832.
            The he enlisted in the Army of the United States and served as follows viz.
            In the month of June or July in the year 1776 he enlisted under a recruiting officer named Teunis VanWagganen, at Catskill in the State of New York—to serve for three years.
            That shortly after he enlisted he joined the company commanded by Capt. Fish belonging to Col. VanCortlandt’s Regiment below the Highlands in Westchester County in the neighbourhood of the White Plains.
            That he continued to serve as a private in Captain Fish’s Company from the time of his enlistment as above stated until the spring of 1778, & he was then ordered to West Point & was employed in erecting fortifications there, under the command of Capt. Fleming. The soldiers thus employed were detached for that service from various companies & regiment, and he continued in said service & employment from the spring of 1778 until sometime in the fall of the same year, and was then discharged—having served, as a private, about three years and three months.
            He further declares that in the year 1777, in the summer he went with his company under Capt. Fish to the northward and was stationed at Bemus’s Heights, and remained in that neighbourhood doing active military duty until after the surrender of Burgoyne’s Army. He was engaged with his company & Regiment in two battles with the British, at Bemus’s Heights, a short time before Burgoyne Surrendered.
            He was endeavouring to retreat towards Lake George, when we fought with him--& drove him back--& finally compelled him to surrender.
            After the capture of Burgoyne’s Army, the declarant with his company and Regiment was ordered & went to New Jersey—and some distance south of that state, but how far this declarant does not recollect—This was in the fall and winter of the year 1777—In the spring of the year 1778, this declarant went to West Point and served there as above stated.
            This declarant further states that his memory being impaired by age & bodily infirmity, he cannot recollect the names of any of the officers under whom he served, except Col. VanCortlandt, Capt. Fish & Capt. Fleming—and VanWaggoner under whom he first enlisted—
            He recollects that he received his discharge from Capt. Fleming at West Point in the fall of 1778.
            That he kept said discharge about a year after he received it—and then lost it together with a pocket book containing several dollars in Continental money.—
            That about three or four years ago, he applied to James VanIngen, Esq. of Albany, to obtain a pension for him—
            But some of this declarant’s friends advised him not to employ said VanIngen—and shortly afterwards this declarant removed from the City of Albany, where he was then residing, to Dryden in Tompkins County and resided there about two years—and removed to Cazenovia in Madison County -- & remained there until last June, & then removed back to Albany where he now resides.
            This declarant further saith that he does not know of any soldier now living who was in the service at the time he was—But recollects one James Griffin who was a Sergeant in the same company & served with this declarant—but this declarant believes he is now dead--& does not know whether the Hallenbecks are living or not. He also recollects one Abraham Bogardus a private in said company—That the Hallenbeck’s, Griffin, Souza & Bogardus all enlisted at the same time, at Catskill, with this declarant.
            He hereby relinquishes every claim whatever to a pension or annuity except the present and he declares that his name is not on the pension roll of any agency in any state. (Signed with his mark) Benjamin Austin
            Sworn to & subscribed on the day & year first above written in open Court. J. G. Wasson, Clk.

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