Revolutionary War Pension and Bounty Land Warrant Application File R. 6,210, for David Lawyer, New York
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(3 - 1776)

SERVICE - New York

Lawyer, David

NUMBER - R.6,210
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Pension papers of David Lawer
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State of New York
County of Schoharie } ss:

On this Eighth day of October, in the year of our Lord, one thousand eight hundred and thirty four, personally appeared in open court before the Judges of the court of Common Pleas of the County aforesaid now sitting, David Lawyer resident of Cobleskill in the County of Schoharie and state aforesaid aged seventy five years on the fifteenth day of January next, 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 7th 1832-

That he entered the service of the United States under the following named officers and served in the grades as herein after stated-- But that he cannot, by reason of old age and the consequent loss of memory swear positively, as to the precise length of his service; but according to the best of his knowledge and recollection he served not less than the periods mentioned below.--

That during the war of the Revolution he was Corporal of a Militia company commanded by Capt. George Richmyer (now deceased) Martin Zeelie Lieut. (deceased) and John I Lawyer Ensign (also deceased); in a Regiment commanded by Colonel Peter Vroman deceased; Peter Zeelie Lieut. Colonel (deceased) John J. Becker Major (deceased) and Lawrence Schoolcraft Adjutant (also deceased)

That in the fall of the year one thousand seven hundred and seventy six he was marched in the company and Regiment aforesaid to Fort Edward in the State of New York, and from thence to Johnstown in the state aforesaid, when he was honorably discharged, by parole, after having been engaged as a volunteer for the term of one month at least--

That in the spring of the year one
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thousand seven hundred and seventy seven a detachment of the regiment aforesaid was ordered to Fort Edward-- The number of such detachment is not recollected; nor who the Capt. or Lieut. was under whom he served; but that it is his impression that John J. Lawyer, the ensign of his company, was in company with him-- 

That he continued in such service discharging the duties of Corporal, in said detachment, in and about the Fort, performing garrison and other duties for the Term of four months at least--

That in the Spring of the year one thousand seven hundred and seventy eight, the company of Capt. George Richmyer was marched to the Middle Fort for its protection; that he marched with said Company as one of the Corporals and did the duty of such
non-commissioned office-- 

That he was engaged in doing garrison duty in the spring and summer of the year last
aforesaid, at the Middle Fort, for the Term of four months at least--

That Schoharie, during the revolutionary war was a remote border or frontier situation, exposed almost continually to the incursions of Savages and Tories; and in truth was nearly desolated - 

That the inhabitants of Schoharie constructed a Fort called the lower Fort in the summer of the year one thousand seven hundred and seventy nine, and that he assisted in the construction and did garrison duty therein, in the capacity of Corporal of the Company and [illegible] regiment aforesaid, during the summer and fall of the same year for at least six months--

That in the spring, summer and fall of the year one thousand seven hundred and Eighty he again performed garrison duty in the Lower Fort
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at Schoharie, in the Company and regiment aforesaid, in the capacity of Corporal, for the Term of six months at least-- 

That in the fall of the year last aforesaid, Sir John Johnson and Col. Brandt pillaged and burnt off Schoharie-- 

That he this deponent was one of a small detachment of men who volunteered under John J. Lawyer and had a considerable skirmish with the lndians under the command of Sir John Johnson and Col Brandt before they reached the Lower Fort. But they were driven back by superior numbers into the Fort; and after they passed the Fort they
again gave pursuit; and in both instances he has the consolation to believe that the men with whom he acted proved no inconsiderable annoyance to the Indians and brittish [sic] for us under the command of Sir John and Col. Brandt--

That in the summer and fall of the year, one thousand seven hundred and Eighty One he again performed garrison duty, as corporal of the Company and Regiment aforesaid for the Term of six months at least, in the Lower Fort at Schoharie; and in the Spring, Summer and fall of the year one thousand seven hundred and Eighty two, he also performed garrison duty in the Lower Fort at Schoharie as Corporal of the Company and Regiment aforesaid for the Term of six months at least--

That at the several times above mentioned he entered the service of the United States as a volunteer; but may have been once or twice drafted and such is his impression-- 

That whenever in such service, he served out his time faithfully and with great fidelity to the cause and country-- And for which service in the war of the revolution he claims a
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pension for two years, according to the provisions of the act in such [illegible] and provided-- 

That for the time during which the above services were performed was not employed in any civil pursuit--

And further, that he has no documentary evidence of such service, nor has he ever had a written commission, as Corporal; nor did he ever receive an honorable discharge from the service in writing after his Term of Service was ended; but his discharges were all quickly parole--

That 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 the Agency of any State or Territory-- 

That he was born in Schoharie and has a record of his age in the family bible - which is correctly information of his parents

That he resided in Schoharie when he was called into the service and that Since the Revolutionary war has resided in Cobleskill Schoharie County.

[signed] David Lawyer


Subscribed & sworn in open court before me 
[signed] John Gebhard Jr. Clerk

The said David after hearing the above read wishes to amend and does now say that his service, in 1777, instead of not less than four is not less than three months. 
[signed] David Lawyer

We John D Shafer a clergyman residing in the town of Cobleskill and County of Schoharie, and John Westover residing in the same place hereby certify, that we are well acquainted with David Lawyer who has subscribed and sworn to the above declaration that we believe him to be Seventy four years of age; that he is respected and believed in the neighborhood where he resides, to have been a  soldier of the revolution, and that we concur in that opinion--

[signed] 
   John D. Shafer
⎬ John Westover

Sword and Subscribed before me 
[signed] Frederick Row Justice of the Peace
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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 applicant was a revolutionary soldier and served as he states-- And the Court further certifies, that it appears to them that John D. Shafer who has signed the preceeding [sic] certificate, is a clergyman resident in the town of Cobelskill [sic] and that John Westover ---- who has also signed the same is a resident in the town of Cobleskill in the County of Schoharie, and is a credible person and that their statement, as well as that of the said applicant &c are entitled to credit--

[signed] William Beekman first Judge

Wm Mann
Henry Shafer } Judges
Marvin Judd

I John Gebhard Junior, clerk of the court of Common Pleas of the County of Schoharie do hereby certify that the foregoing contains the original proceedings of the said court in the matter of the application of David Lawyer for a pension--

In testimony whereof I have hereunto set my hand and seal of Office, this Eighth day of October in the year of our Lord one thousand eight hundred and thirty four--

I further certify that Frederic Row before whom the preceding and Silvanus Parkinson before whom the following affidavits purport to have been sworn, were
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at the date of the same, Justices of the peace in and for the Said county; and that I am acquainted with their handwriting and verily believe their respective names subscribed to the said applicants, to be their proper hand writing and signatures.
[signed] John Gebhard Jr. Clerk
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State of New York
Schoharie County } ss

Jacob Hilsinger of the town of Carlisle, in the County & State aforesaid aged Seventy Seven years, on being duly sworn in the matter of David Lawyer, a soldier in the Revolutionary army, Corporal, now aged about Seventy five years old in Jany next deposeth and says that during the revolutionary war he this deponent was a private in the militia of the line of the State of New York, and performed duty as a private principally at the lower Schoharie fort during the years seventeen hundred, seventy nine, Eighty, Eighty one & Seventeen hundred Eighty two.

That during the said war he was well acquainted with the applicant David
Lawyer and knows that he performed his duty faithfully, and that there were three forts kept up in the County, called the upper middle and lower forts-- 

That the lower fort was built in Seventeen hundred and seventy nine and that the said David Lawyer, together with deponent aided in constructing, said fort and served therein six months, at least. The said David Lawyer belonged to a company of militia commanded by Capt. George Richmyer and as deponent believes he continued such during the war and until discharged. The company he belonged, to the Regiment commanded by Colonel Peter Vrooman The Deponent further testifies that the said David Lawyer also served in the company aforesaid, in company with deponent
(whose Captain, was Christian Stubrach), at least six months in each year during the periods of seventeen hundred and Eighty, Eighty one and Eighty two. 

That they were at the lower fort when the attack was made upon them by John Johnson and Brandt who were continually together with the Indians or tories under their direction attacking the inhabitants of Schoharie When peace was declared the militia [separated?] and returned to their homes 

David Lawyer soon after married, settled in Cobleskill and has lived there, and now [under the since?] the Revolution

Deponent further states that he has frequently heard John
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[illegible] (who was a fellow soldier with deponent in Captain Staubach's company, relate with great satisfaction, that as
soon as Schoharie fort was attacked by the enemy that said Lawyer rushed out and in true Indian warfare, dropped upon his haunches his beach, and sometimes lying prostrate taking deadly aim at the Indians who fell on all sides. Deponent has been well acquainted with the applicant a great number of years who has borne a good character, during and since the Revolution and further saith not.

{Note 1779 erased, seventy written and Clot. William erased John interlined before [illegible]).

                         his
[signature] Jacob X Hilsinger
                         mark
Subscribed and sworn to
before me September 30th 1834
Silvanus Parkinson Justice

New York.
Schoharie County Ss: I certify that Jacob Hilsinger who hath subscribed & Sworn to the above affidavit is a resident of Carlisle and has lived there to my knowledge more than thirty
years past, and that he is a person of good moral character, truth & veracity and that his statements are entitled to full credit. I would further certify that in consequence of being unacquainted with writing that he subscribes by a cross 30. Sept. 1834.

[signature] Silvanus Parkinson Justice
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New York
Schohani County ⎬ Johan Jort Dietz of Berne Albany County aged Seventy four years in September last, on being duly sworn on oath
deposeth and says that he was a private during the Revolutionary War and that he now receives a pension under the laws of the United States for such services in the State of New York - that during the war, and the year seventeen hundred and seventy nine, Eighty
Eighty one and eighty two he was well acquainted with David Lawyer the applicant aforesaid and knew him to be a soldier in the revolution in the company commanded by Captain George Richmyer attached to the Regiment of Colonel Peter Vrooman of the troops or line of the State of New York - that he this deponent hath during the said years, and at the various forts and frequently been on scouts in pursuits of the enemy - Deponent does not recollect whether the said David was a corporal or not but knows that the said David Lawyer, did serve during the war, and
served as he states at least six months in each of the years seventeen hundred seventy nine, Eighty Eighty one and seventeen hundred and Eighty two -
After the war the applicant in 1783 moved to Cobleskill Schoharie County where he has since resided - that the said David hath ever since been considered a soldier of the revolution and a man of truth and veracity
[signed]Johan Jost Dietz

Sworn & subscribed the 7 October
1831
[signed]John Gebhard Jr Clk

Schoharie County Ss: I certify that Johan Jost Dietz who hath subscribed and sworn to the above affidavit, and with whom I am personally
acquainted is a person of truth and veracity and that his statements are entitled to the fullest credit Oct 7 1834-
[signed]Wm Mann a Judge
Schoharie County Court
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6210

P.O. _______
David Lawyer
Service: _____
Enlisted:______, 18
Discharged: _____, 18
REJECTED
Application filed:_____, 18
Alleges: _____
Re-enlisted: _______
Attorney: ______
P.O. __________
_____ Recognized. _______
_____ Cert. of Dis. Searched for _____18
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32.263
New York
-----
David Lawyer
Suspended
-----
Lett to Ths Lawyer
11th Novr 1834[?]
-------
letter to Hon. J. Adams -
March 19 1835

6210
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Set Tho Monroe
Jany 10 1838
------
5 Cases
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NY Jan 2d
D. Lawyer

James L. Edwards Esq
Pension Office

Hon J.Adams
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J.L. Edwards

Please examine the law, referred to
in the received letter
yr svt
John Adams
 Dec 31 1834
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Free
Hon

James L Edwards Esquire
Commissioner of Pension
Washington City

Schoharie
21 Oct 1834

Oct 25 34
good
original
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Lawyers' ville Oct 20th 1834
Sir
I have the satisfaction of inclosing to you the pension [request?] of Mr. David Lawyer for Examination. They are prepared with
great care and it is hoped that his case
may [help?] the ordeal without a [Being?] [noting?] inaccuracies in this case  [this time?].

Permit me to say to you that Mr. Lawyer is an aged [relation?] and his services in the war of the Revolution will never be questioned where he is known nor do I believe that the department will grant a pension to an [enlisted?] Soldier when they know his name on the pension Roll
[??]  Yours
Respectfully
Thos Lawyer

James L Edwards Esqr
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Lawyers Ville Decr 24th 1834
Sir 
I have recd a communication, under the date of the 11th ult. from James L. Edwards Esqr. Commissioner of Pensions, relating to the pension claim of Mr D. Lawyer and should have answered it sooner if I could have before [?] [?]. Lawyer In his letter where he says "The papers relating & the claim of David Lawyer have again been examined" from which I informed that he intended the understood that he had formerly been an applicant at the Department and failed - I have just seen Mr. Lawyer and called his attention to that part of his statement and he assures me that he never before made any application to the Department for a pension and being known to me as a person of truth and [?] I have no doubt of the truth of his statement and there must be somewhere a mistake in point of recollection

Again in his statement to me, it appears that he objects to the claimants statement how he performed the several tours of duty alleged, whether "he was drafted for either of the tours alleged" or served them as a volunteer By a reference again to the claimants papers, it will be seen that he has very fully and clearly answered on that [hand?]; not meaning to be understood but what I am fully sensible that every statement made may he objected to upon that ground; how was particular the statement, it may be rendered more so by the addition of a few trivial unimportant circumstances-- Mr. Lawyer passionately states in his declaration that in the several tours mentioned "he entered the service of the United States as a volunteer, but many have been drafted once or twice, and such is his impression-"
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this averment on oath, ought to receive the credence of the Department, especially when a fuller and more particular statement would be liable to greater suspicion of its truth; it is foolishness to make these old people swear to more than they know, under the annuities of obtaining a pension. They know and truly know, that they have served in the War of the Revolution upwards of two years is sworn and this is about all they know with certainty; the residue of their statement is mere of conjectured than any facility of mind possessed by them capable of recalling to mind facts so long ago. 

I presume there is some mistake in the decision made at the pension office upon Mr Lawyer's claim - His case is more fully and particularly made out than any case successfully conducted by me, and therefore suspect that one of the clerks of the office has looked at his papers with too much of inquisitous[?] scrutiny. And presuming also, that the commissioner of pensions would not review his clerks decision at my in House[?] I have designated you as the channel of Communications between the pension office and me disputing Mr. Lawyer's pension claim.
Hoping this will it be objected to by you.
I remain Yours
Respectfully
Thos Lawyer

The Hon John Adams
H. R--