Revolutionary War Pension and Bounty Land Warrant Application File R. 3,570, John Fisher, New Jersey
Page 1

New Jersey. Fisher, John. R3570
Page 2

9239

John Fisher

Claims for aggregate (?) not sustained by specificity

56111217

Suspended

This. Beals
Canandaigua, N.Y.
Page 3

(transcription of hand writing)

BRIEF in the case of John Fisher
of Naples in the State of N. York.

1) in One court

2) -

3) eighty two years

4) State service:
    months 3 / 2 /1 / 1 
    days 10 /5 /12

   No definite results can be obtained by briefing this case - essential facts in regard to the virus periods of service are wholly omitted

5) 2 / 2

6) County of Monmouth N. Jersey

7) Traditionary evidence alone

8). the papers are correct in form and authentication 

Wm.Gordon Clerk
Page 4

State of New York
Ontario County

   ON this twenty eighth day of August 1832 personally appeared in Open Court before the Judges of the County Court now sitting John Fisher a resident of the town of Naples County and State aforesaid 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 1832.
  That he entered the service of the United States under the following named officers and served as herein stated:
1st  At Elizabethtown County of Monmouth ad State of New Jersey at the time the British Army arrived on StatenIsland near New York.  He was callout as a volunteer  in Captain Dey's company Colonel William Nelsons Regiment and was marched to Perth Amboy and was stationed at "Rattons Ferry" and was on duty there three months.
2nd. At another time was ordered in the same company to return to the same station and done duty there for ten weeks
3rd A after this was ordered to Brunswick where Colonel Nelson lived and was stationed at a place called Roundabout, to prevent the enemy from coming up to Brunswick Served  this time five week.
4th  About three weeks after his return home as last aforesaid, he marched in the same company to a place called "Three Mile Run" - believes this is the town of Cranberry and done duty there six weeks
5th. Soon after this ordered out again and was marched through Brunswick to Newark and there don duty for two months.
6th. The next year, in the summer was called...
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(continued from previous page)

...out again in the same company and marched to Mansfield.  The Britisher at Mount Holly, it was supposed they were on their way to New York and was near Mount Holly three weeks, and was then marched to Monmouth and arrived there the day of the Battle of Monmouth, but was not in the Battle.  The next day was employed in burying the dead, and taking care of the wounded.  He saw General Washington soon after and was discharged.
7. In the same year was called out again in the same company and was marched down below Amboy to keep guard on the shore and done duty there two months
8th The next spring was called out again, marched to spots wood and was on duty there three (smudged word next - either months or years)
9.  At another time went to Newark and was there six weeks and to Short Hills about eight miles beyond Newark was stationed there two weeks was out two months.
Page 6

( continued from previous page)

...there long and he went back with his own company and was dismissed at Englishtown.  He was always ready to turn out when called upon and served his Country more than two years in all during the Revolutionary War.
  On  account of the infirmities  of age, he cannot give the dates of his service.  He was married and had a family before the war began.  He always served  in Captain Dey's company and no other knew him well.  Also Lieutenant Cornelius Johnson and Jonathon Combs who was ensign of the same Company.  Among the Privates in the same Company was Cornelius Suydam William and John Davison, Peter Barkley, John Story, Jonathon Furman, Joseph Applegate, Archibald Gordon, and many others whose names he cannot remember.
He believes he was about twenty five years old when the war first broke out.
Has no record of his age and does not know what year he was born in, it was 3rd day of April and probably 1750.  He thinks he is more than 82 years of age.  Has no documentary evidence of and never had any and he knows of no person now living whose testimony he can procure who can testify to his service.
He was born at Englishtown New Jersey and lived there until about fifty years ago when he moved to Tripes Hill near Schenectady  and after oe year removed to Johnstown and lived there 5 years and tended a grist mill.  Has lived at Niskenna and at Stillwater, Stone Arabia, Schoharie, Seneca near Geneva in Ontario County and now lives in Naples and has lived there for 14 years past and knows Mark Watkins and Isaac Kibby of Naples.
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(continued from previous page)

....He hereby relinquishes every claim whatever to a pension or annuity except the present and declares his name is not on the pension Roll of any agency of any State.  He is destitute of property and has no relatives able to support him and needs the aid of his Country.
John Fisher

Sworn and subscribed the day and year aforesaid in Open Court

We Mark Watkins and Joseph Kibbe both residing in the Twin of Naples in the County and State aforesaid do hereby certify that we are well acquainted with John Fisher who has subscribed and sworn to the above declaration and that we believe him to be eighty two years of age and that he is reputed and believed in the neighborhood where he now resides to have been a soldier of the Revolution and that we concur in that opinion.
Mark Watkins
Joseph Kibbe his X mark

Subscribed and sworn the day and year aforesaid in Open 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 Mark Watkins and Joseph Kibbe who have signed the preceding certificate are residents of the tow of Naples are both credible persons and that their statement is entitled to credit.
   I, Charles Crane, 'clerk of said court, do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of John Fisher for a pension.
In Testimony whereof I have hereunto set my hand and seal of Office this first day of September A.D, 1832
Chalres Crane

(vertically at bottom of page)

John Fisher 9239
Thomas Beals Agent
Canandaigua

(written faintly at bottom: "passed")
Page 8

April 27, 1939

XXXXXXX

JOHN FISHER
R. 3570
BA-J/MLB.     AM

Mr. Joseph Gardiner
805 South Street
Newburgh, New York

Dear Sir:

The data which follow in regard to John Fisher were obtained from the papers on file in pension claim, R. 3570, based upon his service in the Revolutionary War.

John Fisher was born April 3, about the year 1750, in Englishtown, Monmouth County, New Jersey: the names of his parents were not stated.

While residing in Naples, Ontario County, New York, where he had lived fourteen years, John Fisher applied August 26, 1832, for pension.
He alleged that while living in Englishtown, New Jersey, he volunteered at the time the British Army arrived on Staten Island near New York,
that he served at different times in the Revolution, amounting in all to between one and two years as a private in Captain Day's company, Colonel William Nelson's regiment in the New Jersey troops stationed at various places as a guard, no dates of service or other details given.

John Fisher's claim for pension was not allowed as he failed to furnish proof of six months' service which was the requirement of the pension law.

The soldier moved from Englishtown, New Jersey, about 1782, to Tripes Hill near Schenectady, where he remained one year, then moved to Johnstown, where he lived five years, and afterwards resided in Niskayuna, Stillwater, Stone Arabia, Schoharie, Seneca near Geneva
in Ontario County, New York, before moving to Naples, same county, where he applied for pension.

The soldier stated that he was married and had a family before the commencement of the Revolutionary War, but did not give the name of
his wife or the names of his children.
Page 9

In 1854, one Jeremiah or Jeremiah Fisher, age not given, was a resident of Italy, Yates County, New York, and stated that he was interested in the pension claim of John Fisher, but did not
state his relationship to him.

Very truly yours
A. D. HILLER
Executive Assistant
to the Administrator

-2-
Page 10

(left side of page)

1939 Apr. 27 Hist. to JosephGardiner.  MSB


(right side pf page)

REJECTED

3570
John Fisher

1852 List of Rejected and Suspended -?- shows following cause of suspension:
"No proof of service in the militia of New Jersey"
Page 11

New York
Revo:

John Fisher

Suspended

let. T. Bealy 20 July '33

Let. to same 5 May '34

(two lines crossed out)

3570
Act 7 June 1832
Page 12

BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of
John Fisher which require further proof or explanation.

I. Does the declaration show where the applicant resides?

II. Did the declarant make the declaration in the county where he resides?

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?

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 amou[n]t of pension he is entitled?      No

VI. Has he given the names of the officers under whom he served, in conformity with the regulations?    No

VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832?

VIII. Has the Court given their opinion?

IX. Has the Clerk given his certificate?

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?
Page 13

2

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?      No

XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it?    No

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?

XIV. +If the applicant has produced a witness or witnesses as to his service, has the magistrate who administered the oath certified that he, she, or they are persons of credibility?
Has the official character and signature of the magistrate been certified by the proper officer under his seal of office?

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?

XVI. ++Are the papers authenticated as the regulations direct?

XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered? Full answers required
-----------------------
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 [blank] year [blank] months and [blank] days, I served as a [blank].  For [blank] months and [blank] days, I served as a [blank]; and for such service I claim a pension."
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3

It is important in all cases to determine with precision the period for which the 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.

+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 be 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 authenticated 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 end 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.
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Act of June 7, 1832

Suspended Claim
of
John Fisher
N.Y.

Power of Attorney
to examine claims

Chas. C. Tucker / Tucher
Atty.
Present
Page 16

State of New York
Yates County

  On this 17th day of August 1854 before me the undersigned a Justice of the Peace in and for the Country and State aforesaid personally appeared Jeremiah Fisher a resident of said County handmade oath according to law that he is the identical Jeremiah Fisher who executed the foregoing Power of Attorney and that he is directly interested in said claim and makes this affidavit to be filed with such additional evidence or arguments as any said attorney may use in prosecuting claim.
Jeremiah Fisher his X mark
Sworn and subscribed before me the day and year above written
W. Scott Justice of the Peace

State of New York
County of Yates

   I Clarkson Martin Clerk of Yates County do hereby certify that W. Scott before whom the foregoing. affidavit and acknowledgement were made and who has thereunto signed his name was at the time of so doing  a Justice of the Peace in and for the county and state aforesaid duly commissioned and sworn and that all his official acts as such are entitled to full faith and credit.
 In testimony whereof I have herewith signed my name and affixed  my official seal this 7th day of September 1859
C. Martin Clerk

(some math computation at bottom left but cut off)
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Power of Attorney

Know all men by these presents that I Jeremiah Fisher of Italy Gates County New York do hereby constitute and appoint Charles C Tucker
of Washington City D.C. my true and lawful
attorney and agent to prosecute the claim of
John Fisher deceased for any amount of
Revolutionary pension that may be due under the provisions of the act of 1818 or any other
act or resolution of Congress and I hereby
authorize my said attorney to examine all
papers and documents in relation to said claim
on file in the Departments at Washington City
or elsewhere to file additional evidence or
arguments and to receive the certificate which
may be issued for said claim and to appoint
one or more substitutes under him for the
purposes herein expressed and to do all things
that I might or could do were I personally
present hereby ratifying and confirming all that my said attorney may lawfully do in the premises

Witness my hand & seal this 17th day of August 1854
                 his
Jeremiah   X  Fisher
               mark
In presence of
W Scott

State of New York
Gates County ss
On this 17th day of August 1854 before me a Justice of the Peace in and for the County and state aforesaid personally appeared Jeremiah Fisher and acknowledged the foregoing power of Attorney to be his act and deed for the
purpose therein mentioned
W. Scott Justice of the
Peace
Page 18

Hon. M. H. Sebley / Sibley

16 May 1838

(2 initials)

at bottom:

Record 116 (number circled) -?- 49th
Page 19

War Dept.
Pension Office
May 16 1838

Sir,

    The petition of John Fisher is herewith returned, accompanied by certified copies of the original papers of the files of this office in relation to his claim.

Hno. M. H. Sibley
HR
Page 20

Jno. Fisher

Thomas Beals
Agent
Canandaigua
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State of New York
Ontario County

   Personally appeared before the subscriber a Notary Public John Fisher of the town of Naples in said county, who being duly sworn acceding to law doth depose and say, that he is informed by his agent that his application for a Pension under the Act of Congress of 7 June 1832 is suspended and placed on the files of the War Department by reason that "his amended declaration claims for an aggregate of service not justified by the specifications of the original, and neither produces proof of serviced, nor that he has made diligent exertion to procure it".  He now says that by reason of old age and loss of memory he cannot give a more particular account of his service than is set forth in his original declaration.
  That he has always been under a belief that he served in all more than two years, but when he was afterwards called to swear positively (underlined) as to the time he served, he considered it safe to say that he served not less than one year and six months, and he now says he cannot be mistaken in having served for that time.  He further saith that he has made diligent inquiry for some living witness of his service, but he has not been able to find any. He therefor prays that his case may receive the favorable consideration of the Department, and that his name may be placed on the Pension Roll for his said service of one year and six months.
John Fisher

Sworn to and subscribed this 6 day of August 1833 before me
Thomas Beals (hard to read) Not. Pub.
Page 22

State of New York
Ontario County
   I, Charles Crane, Clerk of said Court. do hereby certify, that Thomas Beals, whose name is subscribed to the within certificate was, at the date thereof, a Notary Public in and for said county, and the I am well acquainted with his handwriting and verily believe the said signature to be his proper act and deed - In testimony whereof I have hereunto set my hand and seal of office this event day of August A.D. 1833
Charles Crane

(written vertically below the above)

Jno. Fisher

Thomas Beals
agent
Canadaigua
Page 23

State of New York
Ontario County

In the matter of John Fisher's application for a pension

    Personally appeared before me the undersigned a Notary Public in and for said county John fisher who being duly sworn according to law deposeth and saith the when he made his application before the county court on there 28th day of August 1832 for a pension, under the Act of 7th June 1832, to which this is an amendment he supposed he had complied with the Rule of the War Department - He is now required to mention with precision the length of his service, and the different grades in which he served, and to give the names of officers under whom he served, and also the reason why he did not have a clergyman to support his original application and to answer the interrogatories prescribed by the War Department - He now says that by reason of old age, and the consequent loss of memory, he cannot swear positively or more definitely than he has in his original declaration -  He has given his officers names so far as he can recollect, and he has no doubt he served more than two years but he is positive that he served in all not less than one year and six months as a private soldier, for which he claims a pension - He further saith that the reason he did to have a clergyman to support his application was, that he is informed and seldom attends public worship, and that in the society in which he lives in Naples, there is no settled minister, and he could not procure the attendance of anyone whom he. knows - The three first interrogatories  of the War Department , he has answered in his original declaration.  To the 4th interrogatory  he now says he was a volunteer in every case when he served, and never refused - That the part of the country where he lived was much exposed to the depredation of the enemy  and Tories - to the 5th interrogatory he now says that his service was nearly all on guard duty, and was was not found in line - He remembers that he saw General See at Monmouth Court House, before the Battle of Monmouth.  There was a large number of troops there, but he did not know any of the Commandants of the Regiments - He is unable to give the names of any other Continental officers or Regiments - to the 6th Interrogatory ...
Page 24

(continued from previous page)

...he now says whenever received a written discharge - The 7th interrogatory he has answered in his original declaration.
John Fisher his X mark

Sworn and subscribed this 5th March 1833
Thomas Beals Not. Pub

    I certify that the above named John Fisher executed the above by affixing his mark X and declared that his sight is so impaired he could not see to write his name.
Thomas Beals Not. Pub.

State of New York
Ontario County
    I Charles Crane Clerk of said Court do hereby certify the Thomas Beals, whose name is subscribed to the above certificate, was at the date thereof a Notary Public in and for said County; and that I am well acquainted with this hand writing and verily believe the said signatures to be his proper act and deed.
In testimony whereof I have hereunto set my hand and seal of Office this ninety day of March A.D. 1833
Charles Crane
Page 25

April 27, 1939

XXXXX

BA-J/MLB

Mr. Joseph Gardiner
805 South Street
Newburgh, New York

Dear Sir:

Reference is made to your letter in which you request the Revolutionary War records of Elijah Fisher, sergeant, who was captured in the battle of White Plains, Nicolas, John and Jeremiah Fisher and David Gardiner with wife, Jerusha, all of New York, also the Civil War record of Daniel S. Gardner who enlisted August 20, 1862.

There are no claims for pension for pension [sic] on file based upon service in the Revolution of the Elijah Fisher, Jeremiah
Fisher or David Gardiner or Gardner described by you, nor of any Nicolas Fisher. The Civil War pension records fail to show a claim for pension on file based upon service in that war of the
Daniel Gardner described above. Such claims are the source of data furnished by the Veterans Administration in regard to soldiers of those wars.

It is suggested that information in regard to the military service of the soldiers in whom you are interested might be obtained from the Adjutant General, War Department, this city.

The record of a John Fisher of New York State is furnished you herewith.

Very truly yours
A. D. HILLER
Executive Assistant
to the Administrator
Page 26

Called by phone before we ans. this & Mrs Anke searched & found no record

Pens. cant identify
3/13/39 WL
P.S.

March 8, 1939
Newburgh, New York.

Mr. A. D. Hiller
Veterans Administration
Washington, D.C.

Dear Sir:-

Thank you very sincerely for four letter of Mar. 2, 1939 it indeed gave us plenty of information. Your findings are sincere and worthwhile. I would like to continue them if I may.  Perhaps you would like to charge a nominal charge, but thanks just the same.

I would be glad to find something of the following: --

[in margin: 'Civ War']
Daniel S. Gardner, 124th Regiment, Civil War, enlisted Aug. 20, 1862, wounded May 3, 1863, and in the hospital until December. Served full term. Did he have a pension.
[written between lines:  '3rd NY ...{rest is illegible}]
Fishers were my great-grandmother name, she had four soldiers of the Revolution. Elijah Fisher was a sergeant captured in the Battle of White Plains or Long Island.  Nicolas, John and Jeremiah were his brothers. These are buried in the White Plains Cemetery, they were from White Plains, Westchester County, New York, had he or they pensions? [in margin it is noted, pointing to Elijah Fisher:  'only NY resident'] [also in margin:  'pens John']

[written between lines:  '4 none who ser. from or lived in NY']
There is only one item I have left on my list, that is David or Jerusha Gardiner, his wife, whethered pensioned, David was a soldier of the Revolution, under Capt Daniel Denton, had five bounty rights, was in Orange County Militia, New Windsor, N.Y. 3rd Reg, died on April I, 1786.

I know I can expect two, and I thank you sincerely for such work on our large family.

Yours very truly,
[Joseph Gardiner signature]
Joseph Gardiner

805 South Street
Newburgh, New York,

[stamp:] RECEIVED MAR 10 1939 MAIL SUB-DIV. VETS ADM READER #20