Revolutionary War Pension and Bounty Land Warrant Application File S. 11,950, John Aker, New York
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SERVICE New York
Aker, John
NUMBER S. 11.950
carded
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20.133
New York
John Aker
of Cortland in the State of N. York who was a Lieut. in the Comp commanded by Captain Welliant of the Reg. commanded by Col. Estroff in the [star drawn] line for 8 [illegible] Lieut
2/12. fin } N.Y. Line [star above NY} - Jun3 12/05.Records corrected. J.
Inscribed on the Roll of NYork at the rate of 114 Dollars 96 Cents per annum, to commence on the 4th day of March, 1831.
Certificate of pension issued the 8 day of Aug 1833 and sent to A. Aker Freetown [illegible]
Arrears to the 4th of Mar 31             $229.92
Semi-anl. allowance ending 4 Sept '31 57.48
                                                          $286.40
{Revolutionary Claim, Act June 7, 1832.}
Recorded by Jn C. Steirs Clerk
Book 6 Vol. 3. Page 41.
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claims
2 1/2 mo pri
10 mo 2nd Lieut.
but specificies only 8 mos as Lieut.

Aomd
8 mo Lieut.
2 1/2 mo pri

[Several calculations written below]
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Declaration
In order to obtain the benefit of the act of Congress passed June 7. 1832

State of New York Cortland County} js
On this 16th day of February 1833 personally appeared before me Oliver Krugmau a Judge of Cortland County Court, John Aker a resident of the town of Freetown in the County of Cortland and State of New York aged seventy six years [illegible] 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.
That he with [illegible]4 other men volunteered to answer a requisition on the company to which he belonged for seven men for a two months tour were organised in a company at Albany under the command of Capt. William Peter Van Bergen 1st Lieut. & Maus Van Vaanken 2nd Lieut. or ensign went down the north river to fort Constitution opposite West Point at that place Col. Baley had the command he thinks then was no other rgt. there at that time & perhaps that not a full regiment cannot remember the names of the other field officers shortly after he arrived then he volunteered to serve on  what he calls the now [?] gard [guard] under the command of a Lieut. Elsworth to keep gard [sic] on the river every other night and examine all the water craft that passed to prevent communication between the tories & the enemy below.
He thinks these were some regular troops there but is not certain. He cannot remember the particular period of the war he served then but remembers that the battle of White Plains & Kingsbridge were fought while he was there & remembers that he served half a month longer than he engaged for making two & a half months
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2
And he further declares that soon after he returned home he received a commition [commission] of 2nd Lieut.  in the militia in capt. Jacob Van Orna's company. George Waggoner 1st Lieut. & John Van Orna ensign in Col. Phillip P. Scuylers (Schuyler's) regiment & that under his commission he was ordered to Albany was there placed in Capt. John Prices company Walter Vrooman 1st Lieut. & Tannus Slingerland ensign Hugh Dennis 1st Sgt. Bejamin Wallace also a sergent [sergeant]. And he further states that since making his former declaration in open court in this county he has found among his old writings the three accompanying papers marked A. B. & C. which he did not then know to be in existence which he would herewith forward in support of his claim for a pension. The paper marked A. he thinks was given to him when he was in service at Albany as above stated and that the Lieut. Col. John H. Beckman then named commanded the regt. to which he belonged and that John G. Lansing Jr (as that name is now speled [spelled]) was adjutant of said regt. he was well acquainted with both these officers cannot recollect the names of the other field officers
he thinks there was but one regt. stationed there at that time though sometimes more for a short time. While stationed there his business was to guard the arsenal and public stores they also for a part of the time furnished a guard at Barron de Stubens [Baron von Steuben's] quarters and that he was sent with a detachment under the command of Capt. Bostwick of the same regt. to Stillwater to secure some boats that were those frozen tin the ice in the river to prevent their being carried away with the ice when the river shards break up Capt. Bostwick was taken sick on the way & he went on with the men but the boats were carried off with the ice before they reached that place. And he would refer to the aforesaid paper marked A. to ascertain the period of the war in which this tour of service was performed which he thinks must have been as therein stated in 1778 and he thinks that he left this service soon after the date of the said [illegible] after having served not less than three months as a 2nd Lieut. The troops stationed in Albany were malitia [miitia] from that city and Schenectady and the vicinity of both as he thinks.
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3
And he further declares that the whole company in which he was commissioned were ordered to Schoharie [Sp?] when Sir John & Branett [Sp?] were expected there & that the company was there several days before they came his company officers were these Jacob Van Orna Capt. George Waggoner 1st Lieut. Himself 2nd Lieut. & John Van Orna ensign were stationed in the lower fort which was commanded by major Brett [Sp?] Statts of Col. Phillip P. Scuylers [Schuyler's] regiment in which he held his commission which should have been before stated & also that Folkert Veeder was lieutenant col. of the same regt. and that there was at that station a part of Col. Scuyler's [sic] regt. & a part of the Schoeberg regt. but no regular troops he was well acquainted with a Lieut. john Dietz of the Schoharie regt. & also with a Capt. Rhestmize but cannot say that he was in that fort at that time. And further when the enemy came he went with Lieut. John Dietz with a small party to meet them with a field piece fired upon them & retreated to the fort, above the fort the enemy parted the regulars passed on the west side & the tories and indians on the east side both fired some upon the fort & fired buildings as they passed and we fired upon them from the fort with a field piece after the enemy passed a volunteer was wanted to go on express to Albany he tendered his service which was accepted by maj. Statts & Count Van orna a son of the capt. accompanied him they went to gen. Tinbrook came there in the night called him up the general sent his son with them to govenor George Clinton who was then in the city the gov. told them he had no time to write and that they must return and tell maj. Statts that he must pursue the enemy with all the force he could raise and that he himself was preparing to go. And that when he came to Schoharie the troop had already gone in pursuit of the enemy he then followed after to the Mohawk river [illegible] to or near fort plains met the men returning. He thinks he served at this time half a month.
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4
And he further says that the accompanying papers marked C. he would forward to show that he spent considerable time in the service of his country in short tours there is an apparent omission in the date of said paper of which he can give no account but says the paper is what it purports to be and was delivered to him for the purpose therein mentioned and that he spent three or four days in executing the order but did not find the piece of ordinance it was probably secreted by the tories. And further that he twice went with major Wimple of Schenectady once to Beaverdam & once to another place not far distant called Bradts fly they had malitia [sic] from Schenectady and friendly indians their object was to take tories who were then collected took some & imprisoned them & some property & fined upon others who escaped. And further that he often went with small parties on such business cannot remember all and would not attempt to be particular was once taken prisoner by the tories at Bonhess [sp?] Hill 13 or 12 miles from Albany but was not long detained will state the time he was engaged in such service at three weeks but thinks it must have been much longer Often commanded such small parties himself at different periods of the war. And he would further state that he now recollects that Quackenebush was the adjutant col. Scuylers [sic] regt. in which he held a commission & was well acquainted with him
And he further says that by reason of old age & the consequent loss of memory he cannot swear positively as to the precise length of time he served in the revolutionary war but according to the best of his recollection he served not less than the periods mentioned below and in the following grades for ten months as a second Lieutenant and for two and a half months as a private for which he claims a pension. And he further says that he does not now know of any other surviving witness or any other dockumentary [documentary] evidence by which to support his claim for a pension. and further the papers marked A. B. & C. must have been in his possession from their date to the present time.
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5
And he further states that he was ordered to Schoharie the tories and indians having appeared in the vicinity he was stationed in the middle fort US 2nd Lieut. in Capt. Oshkoms [Sp?] company Jacob Weaver 1st Lieut. he thinks there was no ensign in the company Col. Vrooman Lieut. Col. Seeley commanded ["cannot recollect which was the superior officer" written then crossed out] was but our regt. there & probably not a full regt. no regular troops 
Continued then till it was thought the enemy had left the field as near as he can remember one month and says that he was acquainted with Col. Vrooman & Lieut. Col. Seeley And he furthers says that he was again ordered to Schoharie stationed in the upper fort as 2nd Lieut. in Capt. Lavines Lansings company & that he thinks there were no other commissioned officers in the company rememberse that Lawrence Schoolcraft [sp?] was 1st sergt. the object of calling out the malitia [sic] at this time was to defend that place the enemy having committed depredations in the vicinity at a place called Vroomans land was but one regt. in service there at that time & none of them regular troops. Col. Vrooman & Lieut. Col. Seeley had the command ["but he cannot as above stated remember which was the superior officer"written then crossed out] For further particulars he would refer to the accompanying paper marked B. before refered [sic] to that part of it in the form of a receipt he says was given to him at its date for the purpose therein mentioned and that the memorandum on the back of said paper is his handwriting kept at the time of its several dates by [illegible] be seen that he served three weeks which being aded [sic] to the one week occupied in collecting & driving the cattle to Schoharie will make one month the account of serving with horses and wagon was by a man who he hired. By the date of said paper will be seen the period of the war when this service was done. And he further says that he cannot remember the time he served in Capt. Ostroms company whether before or after the dates in the aforesaid paper marked B. but thinks it was before Sir John & Branett came there.
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6
The troops returned to fort Edwards from thence to Saratoga here capt. De Groat left the company and Capt. Jacob Vrooman took the command while stationed here he was the 1st Lieut. Lavines [illegiblel] detached to act as forage guard & served as such till he left the army And he further states that while in this last mentioned service for a considerable part of the time he was stationed more distance from the camp. From Saratoga he says they moved to Still water & rom thence to Bemis Heights continued there and in the vicinity till Burgoyne surrendered & that he stood at the stone church at Saratoga when his army marched from Scuylers [sic] flatts as prisoners of war. And further he says that he continued in service till the army or at least a part of it with the prisoners arrived at Albany & remained there till they start towards the south & that while at Albany he once went out with the forage gard [sic] and brought in two stacks of hay which belonged to Abraham Cuyler while in this service was acquainted with Col. Vanalstine [sp?] and col. Phillip P. Scuyler [sic] in whose regiment he was commissioned & thinks that a part of the time he was attached to his regt. but cannot remember what part of the time and says then were some regular troops in that army but did get acquainted with any of the field or general officers except gen. Phillip Scuyler did not form any acquaintance with general Gates the first he saw him was at Saratoga does not remember at what time he took the command of that army was acquainted with a capt. of the regulars who calls Emtremich [Sp?] & a Lieut. Fowler he says the malitia [sic] did not much associate with the regulars & that he was considerable part of the time stationed out of the camp while he belonged to the forage guard & did not form much acquaintance with them. Col. Beckman Col. Vassalstine [sp?] & Col. Scuyler [sic] commanded in the malitia [sic]. And further he thinks this tour of service could not have been less than three months
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7
And he further states that when making his former declaration he had some recollection of a short tour of service at fort Hunter on the Mohawk river but that his recollection was so indistinct that he did not think proper to mention it but from the testimony of a surviving witness who has by enqring [inquiring] since been formed (whose affidavit he would herewith transmit) and from circumstances which have come to his recollection state that he recollects particularly of being there in service and that Col. Phillip P. Scuyler [sic] commanded the regt. if there was a full regt. this he cannot remember but thinks there were not more than a regt. they were malitia [sic] collected from Albany & the vicinity know some of the men that were there but does not know of any that are now living but Cornelius Van Sill whose affidavit he would herewith forward as before refered [sic] to has no distinct recollection of his company or other field officers but thinks his own company officers were there he remembers seeing [illegible] Ham Stradt [Sp?] the ensign of an adjoining company there the object of this expedition was to protect the inhabitants of that section the indians having massacred he thin[ks] two families in that quarter. The men were marched back in body by Col. Scuyler [sic] to or near Schenectady & discharged. He cannot recollect the period of the war when these services were performed nor the particular length of time he served but from the distance of the place from his residence thinks it could not be less than three weeks. For the time of this tour he would refer to the affidavit of Mr Van Sice.
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8
And he further states that he was called into service in the northern army as 2nd Lieut. in a company commanded by Capt. John De Groat Levi Hanocca [Sp?] first Lieut. & Dimick [Sp?] Hainestradt [Sp?] ensign cannot remember whether he joined the regt. before he arrived at fort Edward or not went from fort Edward to Sandy Hill between those two places heard that Burgoyne had taken Ticonderoga then returned to fort Edwards were then ordered to fort George in a detachment under the command of major Forrest [Sp?] as he now recollects the name their business was to bring a way military stores from that place returned with the ammunition & to fort Edward more then ordered to fort Anne at this time he was unwell and the col. of the regt. offered him his horse to ride part of the way from which circumstance he remembers that John Beckman commanded the regt. but cannot remember the names of the other field [possibly crossed out] officers except Gen. Phillip Scuyler [Schuyler] who at that time commanded the Army with whom he was well acquainted, before the regt. reached fort Anne they met our troops retreating before the enemy. Joined them in their course towards fort Edward & commenced obstructing the road by falling trees and destroying bridges in this retreat saw a regt. as it was called but cannot say it was a full regiment of negroes many of them were wounded as it was said in a battle with the enemy somewhere about fort Anne Some when on this march before they came to fort Edward in the nighttime he had the charge of a guard and the officer who had the care of the spiritous liquor belonging to the army became intoxicated & the men carried it away in camp kittles [kettles] & being informed of this he reported it to general St. Clair or rather to two generals but cannot recollect the name of the other they were both in one room he was directed to destroy all the spirits he could find among the men to place a centinel [sentinel] at the door of the house where the liquor was kept which order he promptly obeyed
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9
He hereby relinquishes every claim 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.
And he further says that he was born at a place called Black Creek in Albany county and state of New York in the year seventeen hundred & fifty seven
Has no record of his age
When called in to service & during the revolutionary war and for several years after he resided at a place called Halleborough in the same county and state & but three or four miles from the place where he was born mooved [sic] from that place to Freehold now Cairo in Greene county & state aforesaid lived there about thirteen years then moved to Cincinnatus now Freetown in Cortland county in said state where he now lives 
When he served as a private as aforesaid he entered the service as a volunteer when he served as an office for any length of time was called upon by the authority and for shorter periods was sometimes called out by a superior officer some times by the Committee & some times he went without being called upon by any authority whatever
The names of the regular Officers who were with the troops where he served as near as he now recollects and the continental and malitia [militia] Regiments there in service and the general circumstances of his service are stated at length in this declaration according to his best recollection
He never received a discharge in writing but a verbal one
He received a commission of second lieutenant as before stated but does not remember by whom it was signed received it at the office of the clerk of the county of Albany in the city of Albany was sworn by the clerk & says his name was Fisher. And he further says the said commission is lost it happened to be among papers belonging to his uncle who lived in Schenectady which papers were then in his possession his uncle afterwards told him it was there at his house he told his uncle it was good for nothing and that he might destroy it. This was sometime after the close of the war
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10
And further he names as persons to whom he is known in his present neighbourhood and who can testify as to his character for veracity and their belief of his services as a soldier of the Revolution vis. Daniel B. Purinton & David H. Manrose
Sworn & subscribed this 16th day of February 1833 before me Oliver Kingman a Judge of Cortland County Court [signed] John Aker
We Daniel B. Pennington a clergyman residing in Freetown and David H. Manrose in the same hereby certify that we are well acquainted with John Aker who has subscribed and sworn to the above declaration and that we believe him to be seventy six years of age that he is respected and believed in the nighborhood [sic] when he resides to have been a soldier of the revolution and that we concur in that opinon [sic] [signed] Daniel B. Purinton} Clergyman [signed] David H. Manrose
Sworn & Subscribed the 16th day of February 1833 before me Oliver Kingman Judge of Cortland County Court
And I Oliver Kingman Judge of Cortland County Court do hereby declare my opinion after thge 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 I further certify that it appears to me that Daniel B. Purinton who has signed the preceding certificate, is a clergyman resident in the town of Freetown and that David H. Maurose who has also signed the same is a resident in the town of Freetown and is a credible person and that their statement is entitled to credit. I also certify from examination of the applicant & information from others that the said applicant cannot from bodily infirmity attend the court.
[signed] Oliver Kingman Judge of Cortland County Court
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State of New York
Cor[rest of word cut off due to stamp over it. likely reads Cortland County Clerk SS.
I Samuel Hotchkiss Jr clerk of said county do certify that Oliver Kingman Esq. before whom the within affidavit purports to have been sworn was at the date thereof a judge of Cortland County Courts duly Commissioned and from his acts therefore in that Capacity are to be regarded as such 
I further certify that I am well acquainted with the handwriting of the said Judge and verily believe his name to the foregoing Certificate & affidavits Subscribed to be his own proper hand writing & signature
Witness my hand & seal of office this 18th day of Nbr [November] AD 1833
[signed] Saml Hotchkiss Jr Clk
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13869
John Aker
Cortland oy N York
11.5
proof of appl regd
p. 353

aomd


28 Feby 1833
24 Ap 1833

Abraham Aker
Freetown Corners N.Y.
Page 16

BRIEF in the case of John Aker of Cortland County in the State of New York (Act 7th June, 1832.)
1. Was the declaration made before a Court or a Judge? Court
2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?
3. How old is he? 76 years
4. State his service, as directed in the form annexed.
Period. Duration Rank.  Names of General and 
            of Service            Field Officers under 
                                        whom he served.

No [illegible]
Period not specified 
Duration of Service 2 1/2 months
Rank private
Officers under whom he served Cap. Williams Lt. Elsworth

Period not recollected
Duration of Service To the best of his recollection 3 months
Rank 2d Lieut. 
[no officers listed]

Period not recollected 
Duration of Service [illegible]
Rank Lieut
Officers under whom served Cap Ostrom

Period not recollected
Duration of Service about 1 month
Rank Lieut
Officers under whom served Cap Lansing

Period not mentiod
Duration of Service about 1/2 months
Rank Lieut
Officers Cap Vanorne; comp'y

Period not mentioned 
Duration about 2 1/2 months
Rank Lieut
Officer Cap de Groates

Duration of Service other short periods not recollected as to time

5. In what battles was he engaged? none
6. Where did he reside when he entered the service? county of Albany N.Y.K.
7. Is his statement supported by living witnesses, by documentary proof, by traditionary evidence, by incidental evidence, or by the rolls? Traditionary evidence
8. Are the papers defective as to form or authentication? and if so, in what respect? not properly attached
I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
[signed] Wm Robinson Examining Clerk.
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11950
INVALID.
RevWar
File No. 11,950
John Aker
Lieut. Rev. War
Act: June 7 1832
Index:-Vol. A, page 4
[Arrangement of 1870.]
Page 18

1. Was there a former declaration?
    Notice on back of card?

2. Showed "A." "B" "C" Exhibits be shown on the
     back of card?

3 Endorsement on back of ex "B" [could be C
    since written over] - soldiers own writing?

4. Uncle, name not stated. Who resided in
    Schenectady?
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BUREAU OF PENSIONS 
[form to be used when going for a medical exam. This form has line drawn through it and is not filled in]
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Albany Aprl the 2[illegible] 1778
Recd from Lieut. John [rest of name illegible - writing is faded] for the
Use of Lieut. Col. John H. [?] [?]
[?]
Marked A.
John G Lanforgh [?]
[?]

Albany Jp. To John Acker
Whereas information has been given to us that there is a small piece of Artillery in the Possession of Philip Warner and it is unsafe to the public good ["good" crossed out] welfare that it should be left in the Power of the Disaffected People of this State.
These are to authorize & require you to take the said piece of artillery and bring it to us forthwith, & if any resistance shall
be made to you in executing this business you are to bring with you the opposers. Given under our hands at Albany this 27th day
of Feb: 17[?] [signed] Saml Winger
John M. Buckman   Isaac D. [illegible]
[illegible] for conspiracies
Marked C.
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Entered In servise [sic] October 29 Left Servise [sic] November 1, 1779
Entered In servise [sic] November 5th 1779 By Capt Lovington wich [sic] being for 3 wirt time
Horses and waggon'sic] Entered In Servise [sic] November 9th 1779
Laft [sic] Servise [sic] The November 27th 1779

[Middle portion of paper has multiple figures in British pounds]
11-9
7-9 91
[pound sign] 172
      "               175
      "                175

      "             175 5
10 times [written along side]

[Right third of paper is written opposite way]
To November 5th
November 14th
10 Days
6 Days
999999
[illegible]
30 Pounds
24
[British pound symbol] 54
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This may Certify that John Aker has Delivered at this place Eleven Head of Cattle for Publick [sic] use
For Jac Winney AC: Howes
Schohamy Nove. 5th 1779
Three thousand [written upside down]
[signed] William Lawrence
Marked B. [box drawn around this notation]
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On this 19th day of January 1833 personally appeared before me the undersigned a Justice of the peace of the town of Mason Ville in the county of Delaware and state of New York. Cornelius VanSice of the town and county aforesaid, who being duly sworn deposeth and saith that he is seventy five years of age and that in the Revolutionary war he was well acquainted with John Aker at a place called Hallebargh in the county of Albany in the state of New York - and that he this deponant [deponent] resided then some time and a part of that time in said Akers family and in the year 1776 (as he thinks) he heard it said in the neighborhood that said Aker was gone to West Point in the service of his country saw him when he returned before he reached home and heard it said in the neighborhood that he had enlisted for two months. And further not long after he returned from West Point he the said John Aker was commissioned a second Lieut. in Capt. Van Orne's company of malitia [militia] and he thinks this deponent has more than once seen his said Akers commission but does not remember by whom it was signed. And this deponent further says that he has heard the said John Aker say that he thinks in the fore part of the year 1777 that he served in the army at Albany as a Lieut. in Capt. John Prices company this deponant [sic] was at that time acquainted with the said Capt. Price. And this deponant [sic]further says that he saw the said John Aker at Bemis heights in Gen. Gates army when Burgoynes army lay at Still Water said Aker there served as a Lieut. but cannot remember what regt. he belonged to but has heard him say about that him that he served in Lieut. Col. Statts regt. this deponant [sic] thinks the said Aker was in the army three months at this time And further this deponant [sic] says that he saw the said John Aker in the service at fort Hunter on the Mohawk river as a Lieut. in Capt.Vamoorns [Sp?]company and this deponant [sic] was there in service the same time and thinks they were there about three weeks in may of 1778 - but cannot remember who commanded at that station.
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And this deponant further says that he has heard the said John Aker say in the revolutionary war that he had been in the service at Schohary [Schoharie] in capt. Ostroms Capt. Lansings & capt. Varooms companyes [sic] at different times and has also heard the same said by those who were then his neighbours. This deponant also says that he was acquainted with the above named men and that they were officers as above stated and that none of them are now living.
And further this deponant says that the said John Aker served (as he believes) in the revolutionary war as a second Lieut. except his tour at fort constitution or West Point. And this deponant further says that to his knowledge the said Lieut john Aker was often called upon by the authority in the revolutionary war to apprehend tories and take them to prison and to assist in the exchange of prisoners this deponant has been with him in such service. And this deponant further says that he is informed and believes that the said Lieut. John Aker named in this affidavit now resides it Freetown in Cortland county in this state
[signed] Cornelius Van Sice
Sworn and subscribed before me this 19th day of January 1833 - [signed] Darius Smith JP
I hereby certify that I am well acquainted with Cornelius Vansice who subscribed the above affidavit and that he may be depended upon as a person of truth and veracity [signed] Darius Smith JP
Page 25

State of New York Delaware County SS -
I Crawford B Sheldon Clerk of the said County do certify that Darius Smith Esquire before whom the foregoing affidavit purports to have been Sworn and also the person who signed the foregoing certification was at the date of the same one of the justices of the peace in and for the said county, and further that I am well acquainted with the hand writing of the said Justice and verily believe his name Subscratin [?] to the said affidavit and the certificate to be his genuine signature. In testimony whereof I have hereunto set my hand and affixed the seal of the Said county this 5th day of February 1833
[signed] C B Sheldon Clerk.
Page 26

Freetown Corners
May 7th. 1833
Sir
This communication from an humble citizen is deemed worthy of the candid examination of the officer in high standing in an important station in the government to whom it is addressed.
The accompanying papers being a claim of John Aker for a pension under the act of Congress passed June 7 -1832 have been rejected at your office and not a solitary reason assigned for such a course.
The applicant not being willing to relinquish his claim and it is believed the papers are in conformity with the regulations of this department. I know no other way than to send them again to your office with such explanatory remarks as I have in my power to give.
It is true that a brief was sent from your office pointing out deficits in a declaration of the applicant made in open court in this county on the 2nd day of oct. last. Soon after making this declaration I recd a copy of the regulations kindly sent from your office by it I learnt that said declaration was defective and by enqring [inquiring] having found a surviving witness and by examining of the applicants papers found those herewith forwarded marked A. B. & C. - which are thought to be at least circumstancial [circumstantial] evidence & by reflection on the subject other facts having come to his recollection he was enabled to give a more detailed history of his services it was thought proper to make a new declaration before a Judge of a Court of record as the regulations prescribe when the applicant is unable to attend court which was done at the house where he resides those are the papers returned to me from your office and are herewith again forwarded after being carefully [illegible] with
Page 27

with all the preceeding [sic] papers on the subject and it is believed they are free from the objections by you pointed out in those papers and that such will be your decision if you give them an examination.
This is the 3rd declaration from the same applicant. In your brief accompanying the first you say he has mentioned satisfactorily the periods of the war in which he served in that accompanying the second or negative answer in [illegible] is given to the same question both those declarations are now before me and they compare to a word on that point The business of your office in undoubtedly laborious and difficult we therefore hope this is a mistake in your second brief of objections.
You say in your brief of objections to the declaration just recd - that proof of his appointment of Lieut. should be found on the records of this state as which I would remark that the applicant resides 150 miles from the city of Albany where he recd his commission and where the records (if yet in existance [sic]) may probably be found and that he has already expended more than he is able to loose [sic] of his verry [sic] [illegible] means to sustain his existance [sic] in [illegible] endeavors to establish the justice of his claims on the government and for them I cannot help believing than on an examination these papers all doubt on this point will be removed therein will be formed 1st the oath of the applicant 2nd the positive testimony of a witness. (Mr Van Sice whose name you will find on the pension roll) and 3rd the circumstancial [sic] evidence of the paper marked A.
The first and second declarations of the applicant it is true were defective in several material points the Clergymans affidavit was not attached to either
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for the reason that I did not at that time know it to be indispossible [impossible] he verry [sic] readily gave his affidavit on the first application to him for that purpose and a like affidavit of probably 40 citizens of respectability might be obtained if necessary.
No one would regret more than myself if a tory or a cowboy should obtain a patriots reward and it would be too a subject of regret to every patriot of the present day if a soldier of the revolution by his active and successful position to the tories of his vicinity should provoke them to attack his house in the nighttime which however he and the aforesaid witness had the good fortunate to defend after taking the usual precaution of boring every entrance into it yes Sir would not every citizen who can now rest secure in his house by night or by day without weapons of war and even with his doors open sincerely egnet [regret] that such a soldier now in destitute circumstances should not be able to obtain from our rich and flourishing country a small compensation for such services.
But if the proof sent with the present application is not sufficient the applicant may well consider his case a hopeless one and he with hundreds and probably thousands of our revolutionary fathers will take there [their] final leave of the Republic without realising [sic] that necessary compensation for their services and sufrings [sufferings] which the government of our happy country have declared as a verdict in their favor
I am respectfully Your obedient servent [sic]
[signed] Abraham Aker
Hon. Secretary of war
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P.S. After formally concluding my communication it occurred to me on a further examination of the papers that the vigilince [sic] of the war department to guard against imposition might reject the applicants claim on account of the several short losses of service mentioned near the close of his history being put together in grop [group] at 3 weeks and the particular periods of the war in which such service was performed not stated which from the nature of the case you will see was out of his power. with the exception of that in executing the order of the committee (see paper marked C) On mentioning this to the applicant he says if the department is not satisfied on this point by the proof herewith sent (the affidavit of Mr Vansill and the above mentioned paper) he will relinquish his claim for the 3 weeks afforesaid [sic] and if such should be the decision he hereby authorises [sic] the department to strike the same from his account Please to examine the papers as soon as possible and forward and answer to me that if the application is yet defective it may be immediately attended to first to me at Freetown Corners Cortland county State N.Y.
[signed] A. Aker