Pension Application

S.12816
Captain in the Regiment of Col. VanDyke, New York Line.
$480 per annum.
State of New York
City & County of New York SS.
            On this 25 day of August 1832, personally appeared before me Richard Riker a Judge of the Court of Common Plea, in and for the City and County of New York Benjamin C. Dubois a resident of the City of New York aged eighty two years who being first duly sworn according to law doth depose and say on his oath and make the following declaration in order to obtain the benefit of the act of Congress passed June 7th 1832. That he enlisted [in] the service of the United States under the following officers and served as herein after stated. That he was appointed a first Lieutenant of the company of Captain Henry Marselus in the Regt commanded by Col. Cornelius Vandyke in the Continental line of the State of New York on the 21 of June 1776 and that he continued to serve in company until promoted capt. July 1st in 1780 of a company to reinforce the army of the United States, by Governor George Clinton, both of which commissions are hereunto annexed.
            That he was at the battle of Saratoga October 7, 1777 at which the British General Frazer was killed, and he was present October 17th 1777 at the surrender of the British under Burgoyne to the Americans under Genl Gates. The evidence of his said services together with his commissions are hereunto annexed. The circumstances of the battle of Saratoga as near as applicant can recollect are as follows, the command of the Army was under General Gates who had not been a great while in that situation who as certaining? That General Burgoyne had crossed the Hudson and situated himself upon Saratoga Plains marched the army towards the enemy and encamped a short distance from a place called Stillwater. This happened about the middle of September 1777. It was soon ascertained that the army of Burgoyne was rapidly advancing and he did take up his position within a short distance from the American Army, and on or about the [?] day of the month, he marched his whole army against the Americans. General Burgoyne commanded the right and General Fraser acted as a cover to that part of the army & commanded by Burgoyne, Indians and Canadians & formed in front and flank. Deponent thinks that the artillery under Genl Phillips were on the left. General Gates ordered Col. Morgan to watch them and if he could by any possible manner among them as they approached which he did by coming across the Picket Guard and driving them back. The British immediately sent and assistance to their Pickets and Morgan was compelled to give away. General Gates hearing of this ordered assistance & be given to Morgan what was done. And then the action was not general and in the afternoon General Arnold and Colonel Morgan were completely engaged with the British. This lasted until it was too dark to pursue any further and the Americans retreated to their camp. General Burgoyne began to suffer from desertion of great numbers of his army his provisions and forage getting short. His horses began to die of hunger and whilst he was suffering in this manner the forces of the American Army was encroaching so General Gates was watching all the movements of Burgoyne with a jealous eye and his grand object was to cut off his retreat if possible. Burgoyne perceiving the difficulties arising from the desertion of his army and the augmentation of the American forces thought to effect a retreat by attacking the Americans in the left for which purpose he marched a detachment with General Phillips and Fraser and had them formed very near to the American Army. The Americans attacked them on the left. The Americans then attacked them generally and endeavoured to cut off their retreat by marching a number of men in their [?] The British perceiving this formed to cover the retreat of their troops. The Americans fought the left wing of the British with determined firmness and undoubted courage and so persisting were they that the left wing did retreat but they would have been totally destroyed if they had not been protected by a portion of the British Army covering their retreat. The battle was fought on the 7th day of October 1777. General Lincoln was wounded in the leg & the very day after the battle and was not present at the capture of the British Army then came the moment when all the British returned into their line. Then General Arnold pressed forward and nearly as the day was gone, the Americans entered or forced the entrenchments when Arnold’s horse was killed and he wounded. Col. Brooks with his regiment carried the works on the right of the encampment and kept the ground. By this time it was night. The loss of the British was great besides a number of prisoners & at this time General Fraser was slain. General Gates now perceiving that he had gained a compleat advantage and was determined to cut off all retreat on the part of the British if possible and for this purpose he placed a number of soldiers on the [?] near Saratoga ford? Also a number in the rear to prevent the British falling back to Fort Edward and also a number of soldiers some distance higher up General Burgoyne to avoid all means being cut off for a retreat immediately went to Saratoga Gates perceiving this was on the alert and watched all his movements with a scrutinizing eye until he was certain that Burgoyne was endeavoring to gain Fort Edward and when he took measures to prevent the same which he did effectually, Burgoyne finding all means of a retreat to Fort Edward impracticable and whilst he was marching in his mind what to do [if] the Americans got possession of Fort Edwards. The American Army increasing rapidly and being well supplied with provisions and ammunition almost surrounded the British Army who were much reduced and were decreasing daily and being in want of provisions for General Gates now perceiving all his advantage observed the enemy was [?] General Burgoyne ascertaining that all was lost came to the conclusion of entering into stipulations with Gates for the surrender of himself and army which was finally settled about the 16th day of October 1777. The stipulations being signal, the army under Burgoyne on the 17th day of October 1777 at three o’clock P.M. marched out of camp towards the River and as the Infantry approached, their arms were piled by the word of command from their own officers and as the Artillery approached the same was left by the word of Command also.
            The following questions as required by the Secretary of War being put to applicant, he answers as follows--
1st He was born at Catskill in Green County in or about the 10th day of September 1750.
2nd There was a family record in the family of applicants which has been lost many years.
3rd All the time he was called into service he lived in Albany, in Albany County and State of New York.
4th Drafted into the service.
5th The regular and militia officers with whom the applicant was acquainted with Genl Gates, Col. Moyer, Genl Lincoln, Genl Stark, Genl Schuyler, General Jackson and Col. Brooks of Massachusetts, Col. Vandyke and Capt. Marselus and applicant recd two commission hereunto annexed.
7th [skipped 6] Persons who will testify to applicants veracity are Capt. Elisha Webb of the Revolutionary Army John Nafer, Anthony Lyon, Thomas Wyatt, William Banks, Herman Culvan, Garnet Leyter? and Robert Clench.
            Her 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 the agency of any state. (Signed) Benj. C. Dubois
            Sworn and subscribed to this 25day of Aug 1832. R. Ricker.
Memo in the file: Benjamin C. Dubois file S. 12816. His commission as 1st Lieut. June 21, 1776 of Capt. Henry Marselus Col., Col. Cornelius Van Dyke’s N.Y.Reg’t –Continental Line and his commission as Capt. July 1st 1780, same reg’t are not on file with the claim. A.E.P. Dec. 14, 1905

Letter of reply to an inquiry, dated April 27, 1936
            Reference is made to your letter in which you request the Revolutionary War records of Benjamin Dubois, John Van Orden and John Baptist Dumond, all of Green County, New York.
            There is no claim for pension or bounty land on file based upon service in the Revolutionary War of a John Baptist Dumond. The records of Banjamin C. Dubois and John Van Orden are given herein as found in pension claims based upon their service in the Revolutionary War; said records are those of the only soldiers with those names, found on the records of this office, War of the Revolution.
            Benjamin C. Dubois – S. 12816.
            Benjamin C. Dubois was born on or about September 10, 1750 in Catskill, Greene County, New York; the names of his parents are not shown.
            While a resident of Albany, Albany County, New York, he was commissioned June 21, 1776, 1st Lieutenant, Captain Henry Marselus’ company, Colonel Cornelius Van Dyck’s New York regiment, was in the Battle of Saratoga, at the surrender of Burgoyne and at the storming of Stony Point, and continued until July 1, 1780, at which time he was promoted Captain in said regiment, and served eight months, during which period he was stationed at West Point and was at Crompead at the time of Andre’s execution, and at Fort George on Long Island; from April 1781, he served as Captain, Colonel Cornelius Van Dyck’s regiment, was at King’s Bridge, at Fort Griswold, in the battle of Johnstown, New York, and at Canada Creek, and continue one year; from May 1782, her served as Captain, Colonel Marinus Willett’s New York regiment at least six months, stationed near New York. He was present when the British evacuated New York, and present at the farewell dinner to General George Washington, December 4, 1783, in New York City, then marched to White Hall, when General Washington embarked for the south.
            Benjamin C. Dubois was allowed pension on his application executed August 25, 1832, at which time he resided in New York City, New York. He made no reference to wife or children at the time he made application for pension.
            John Van Orden—R. 10882.
            John Van Orden was born September 20, 1763 in Catskill, Albany County (later Greene County), New York; the names of his parents are not shown. He resided in that same place until May 1833, with the exception of eighteen years, during which he resided in Montgomery County, New York.
            He applied May 28, 1833, for pension which might have been due on account of his service in the Revolutionary War; he resided then in Catskill, New York. He stated then that September 10, 1779 (his sixteenth birthday) he volunteered as a minute man in Captain David Abeel’s company, Colonel Anthony Van Vergan’s New York regiment and was out scouting and spying against the Indians in the mountains for about six months; that April 20, 1780, he volunteered in Captain Teunis Van Wagener’s company to go in pursuit of the Indians who had imprisoned Captain Abeel and his son, Anthony, and served one month; that in May 1781, he enlisted and served one month in defense of a fort near Albany with the troops under Colonel Anthony Van Bergen; and that he served subsequently about tow month in Captain John Woodbeck’s company in the summer of 1782, and a tour of one month under Captain Jacob Van Vechten.
            His claim for pension was not allowed as he failed to furnish proof of service of six months in a regular organized military corps, as required by the pension law under which he applied.
            John Van Orden stated that his sister lived in Albany County, New York, in 1833, beut he did not give her name; he made no references to wife or children.
            In 1833, one Peter Van Orden was a resident of Windham, Green County, New York; no relationship between him and the soldier, John Van Orden was stated.

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