Revolutionary War Pension and Bounty Land Warrant Application File S. 22619, Benjamin Akeley, New York
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Service
New York

Akeley, Benjamin

Number
S. 22619

Contents
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New

Benjamin
Saratoga Co in the
who was a Pri. and Corp. in the company
Captain Lane of the Regt commanded
by Col. Ludington in the New York 
line for 8 months 19 days, pri. and corp.

Inscribed on the roll of New York. Albany
at the rate of 30 Dollars 20 cents per annum, to commence on the 4th day of March, 1831. 

Certificate of Pension issued the 22 day of June 
1838 and sent to Hon. J J Degraff H of R

Arrears to the 4th of March 1838 $211.40
Semi annual allowance ending 4 Sept 15.10
$226.50

Revolutionary Claim, 
Act June 7 1832

Recorded by G.T. Rhodes Clerk, 
Book E 2, Vol. 4, Page 1

Death riot m A. B.
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State of New York
County of Saratoga} 
On this first day of January 1834 personally appeared before Court of Common Pleas in and for the said County of Saratoga in the State of New York now sitting at the Village of Ballston Spa in said county, Benjamin Akeley of Edinburgh in the County of Saratoga aged seventy five years who being duly sworn according to law doth on his oath make the following declaration in order to obtain the provisions of the Act of Congress passed June 7th 1832 that he entered into the service of the United States under the following named officers and served herein stated.
To the first question
1. Where and in what year were you born?
He answers, in Fredericks Town in the County of Westchester in the State of New York April 5th 1758.
2. To the 2nd question Have you any record of your age and if so, where is it? he answers and says in my Family Bible, copied from my Father's Family Bible by my Father, and is now in my possession at Edinburgh aforesaid. 
3. To the 3d question, Where were you living when called into service; Where have you lived since the Revolutionary War and where do you now live? He answers and says that at the commencement of the Revolutionary War he lived in Fredericks Town in the County of Westchester State of New York where he lived until the year 1792 moved to Cooksakie in the County of Albany and State of New York
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where he lived until the year 1802 and moved to Edinburgh in the County of Saratoga and State of New York where he has lived ever since and where he now lives. 

To the 4th question
How were you called into service; were you drafted, did you volunteer; or were you a substitute; and if a substitute for whom?
He answers and says that in June 1775 when he resided at Fredericks Town aforesaid he entered into the service of the United States as a volunteer private in Captain George Lanes Company of Infantry in Colonel Luddington's Regiment of New York State Troops or levies that he enlisted at the place aforesaid for six months and served from the said first of June 1775 until the 1st of December 1775 under the aforesaid officers in the following manner, he reported to Peekskill, was mustered and joined his company under said officers and performed garrison duties at Peekskill and Stony Point and between those places on the lines. 
No. 1
6 mo 
 There were several Regiments of Militia and State Troops at Peekskill and Stony Point he recollects the names of General Sullivan, Genl Arnold and Colonel Drake. General Washington was at White Plains that he served as aforesaid for six months the time of his enlistment and was discharged at Peekskill, his discharge signed by Colonel Luddington, his discharge was conserved in his house at Cooksakie more than 30 years ago with other papers and effects if said service he has no documentary evidence nor does he know of any person now living who can testify to the same
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No 2
1 year

In 1776 April when he resided at Fredericks Town aforesaid he enlisted into the Continental Service as a private solider under Captain John Deusenburg and Lieutenant Deusenburg, In Colonel Humphrey's Regiment of the New York Line for one year and served as a private from April 1776 until April 1777 in the following manner to wit. 
That he enlisted and joined his company at Peekskill under the aforesaid officers were employed in patrolling the lines from Peekskill to White Plains, made head quarters at Valentine's Hill- where he continued on duty as aforesaid until American Troops under General Washington were on Long Island, he this deponent with his Regiment went over to Long island some time in June or July to the best of his recollection, but did not continue there many days when we were driven to New York City by the enemy and from New York City he with the Army retreated to White Plains when the Enemy took possession of New York and served on the lines, stationed at Volun Town's Hill in tents and served as aforesaid until the period of his said enlistment was expired. When in April 1777 he received an honorable discharge signed by Colonel Humphrey at VolunTown's Hill having served for one year under the aforesaid officers and returned home to Fredericks Town, his discharge was destroyed in his house and Cooksakie consumed more than thirty years ago.
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3 mo 
In 1777 1st June where he resided at Fredericks Town aforesaid, he again entered into the service of the United States and served as a private in Captain George Lane's company of Infantry in Colonel Luddington's Regiment of New York. he stated that he entered as a volunteer and did duty in guarding the lines from White Plains to Peekskill and were stationed at Peekskill but were out on the lines to guard and watch the movements of the enemy to White Plains and that he served constantly as aforesaid under the aforesaid officers from the said 1st of June 1777 until the 1st of September 1777- for three months served as a private the full time of my engagement and received a verbal discharge by the said Captain Lane at Peekskill aforesaid, that immediately after his said discharge, he at Peekskill at the request of Captain Lane again entered  and continued his services in manner aforesaid and served  (2 mo) as a volunteer private under the aforesaid officers from the said 1st of September to November having have served at least two months and served as a private at Peekskill, Stony Point between those places on the lines in manner aforesaid and in November 1777 was dismissed at Peekskill by the said Captain Lane. He received no written discharge. There were several Regiments of militia and continental troops who served where he served, he recollects only the names of Colonel Humphrey, Colonel Courtland, and Adjutant Townsend of the Militia (besides the officers before named) of his said services he has no documentary evidence, nor does he know of any person now living who can testify to his said services, that in 1792 he moved 140 miles of the others, some to one place and some to another, scattered he does not know where but knows that several of them are dead and if any are now living he does not know where to look for them, that he is very poor and unable to go in search.
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No 3
Not on the rolls

In 1778 when he resided at Fredericks Town aforesaid and being enrolled as a private in Captain John Drake's Company of Infantry in Colonel Samuel Drake's Regiment of Militia at Fredericks Town aforesaid. A draft of our regiment was called for to guard the lines, he this deponent did not stand the draft but entered as a volunteer private. In August 1778 he with the drafted and volunteer Militia marched from Fredericks Town to Crompond and were stationed in private houses, continued there on duty until we were driven off by the enemy Dragoon, who came upon us at day break at and captured a number of our men, our officers and a number of the privates escaped in different directions to this deponents post, a private escaped to the woods. (1778, 3 months) A dragoon pursuit to the Forest about 40 nods when he collected and returned, we turned about and fired at him and brought him to his horses neck to which he obliged and escaped to his Company. The dragoons set fire to the Meeting house and several private houses, which were consumed and evacuated with place in about two hours and made off with their prisoners across Groton River immediately after. Out scattered officers and privates returned and formed at our former place in Crompond and several militia men of and about Crompond came in to our assistance on the claim and we together pursued the enemy, but they made their escape. Our station continued at Crompond and he with his company continued on duty patrolling the lines to Croton River to the north on the lines until December 1778 and when he with his company was dismissed by Captain Drake at Crompond having served three months in manner aforesaid. There were no other troops (except one company) who served where we served. I record no written discharge

(4)
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He has no documentary evidence of his said services nor does he know of any person or persons now living who can testify to the said or any past thereof.

No 4
In 1779, in August, when this deponent resided at Fredericks Town aforesaid he again entered into the service of the United States as a volunteer private in Captain George Lane's company of Infantry in Colonel Luddington's Regiment of New York State Militia and served at Peekskill and Fishkill from August (3 mo) to November 1779 Three Months. Marched with his company to Fishkill under the immediate command of the said Captain Lane where we were stationed, where we continued on duty patrolling the lines for one month and a half month. When he with his company were stationed at Peekskill and continued on duty as aforesaid in patrolling the lines and had several skirmishes with the enemy at and near Kings Ferry and continued on duty in manner aforesaid one month and a half month. 
When in November 1779 he was dismissed by the said Captain Lane at Peekskill having served as a private at Fishkill,  Peekskill and for three months there were a great number of militia and continental troops who served at Fishkill but he does not recollect the name or names of any of their officers, he has no documentary evidence of his said services nor does he know of any person now living who can testify to the same.
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To the 5th question
State the names of some of the Regular Officers who were with the troops when you served such continental and militia regiments as you can recollect and the general circumstances of your services
He answers and says he can muster no further than he already stated herein.


6. To the question, Did you ever receive a discharge from the service and if so by whom was it given and what has become of it?
He answers and says that he received three discharges one for six months in 1775, in 1777 for one year and one discharge for one year 1781, all which said discharges were consumed by fire at Cooksakie in his house as herein before stated, that he received no other written discharge during the period of the Revolutionary War. 

7.To whom you are known state the names of persons in your present neighborhood and who can testify as to your character for veracity and the belief of your services as a Revolutionary Soldier
He states the names of Andrew Albro, Hiel Savage, Colonel John Rhodes, Wing Allen, Warren White and Eli Beache.
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We hereby relinquish every claim above to a pension or annuity except the present and declares his name is not on the pension roll of the agency of any state. 

Sworn to and subscribed
the day and year aforesaid
In open court
A Goodrich Clerk

his
Benjamoin Akeley
mark

We Ely Beache Postmaster residing in the Town of Edinburgh in the county of Saratoga and State of New York and James Partridge Gen. of Edinburgh in said county hereby certify that we are well acquainted with Benjamin Akeley who has subscribed and sworn to the above declaration. That we believe him to be 75 years of age that he is reputed and believed in the neighborhood where he resides to have been a soldier of the Revolution and that we concur in that opinion. 
Subscribed and sworn to the day and year aforesaid
A Goodrich Clerk

Ely Beache
James Partridge  

And I Lebbens Armstrong, a clergyman residing in Ballston in Saratoga where he has resided for about two years last past previous that he resided in Edinburgh in said county where he had for 7 or 8 years. And who being duly sworn deposes and says that he is well acquainted with Benjamin Akeley the above named applicant and believes him to be of the age he states, that this deponent concurs in the above affidavit subscribed and sworn to by Eli Beache and James Partridge Gen.
Subscribed and sworn to the day 
and year first written
In Open court A Goodrich Clerk

Lebbens Armstrong
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In 1780 in May 1st he enlisted into the service of the United States at Continental Village about 10 miles west from Fredericks Town where he lived, for one year as a Continental Teamster in Captain John Brown's Company, Conductor of Continental Teams under Major Thomas Campbell, a commissary over the Continental Teams and he this deponent was employed by Major Campbell and took charge of a Continental Team of Two horses and wagons and served in convoying continental stores of provisions, arms, ammunitions and officers baggage to Peeks, White Plains and other places on the lines wherever the army or part of the army moved to from time to time and drew regular rations and encamped with the continental troops embodied at the different stations. Our general head quarters was at Continental Village.
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that he was on duty in manner aforesaid under the aforesaid officers from the 1st of May 1780 until the 1st of May 1781 and was honorably discharged signed by the said Major Thomas Campbell at Continental Village his said discharge was consumed by fire at Cooksakie. 
without much
There is no clergyman residing within the town where he lives
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And the said court do hereby declare their opinion, after the investigation of the matter and after putting the interrogatories to prescribed by the War Department that the above named applicant was a Revolutionary solider and served as he states, and the court further states that Eli Beache who has subscribed and sworn to the above certificate is a Post Master residing in the Town of Edinburgh in said County and James Partridge Jun. who has also subscribed and sworn to the same is a credible person resident in the said town of Edinburgh. Also that Lebbens Armstrong who subscribed to above certificate is a clergyman residing in the Town of Ballston in said County and that their statement is entitled to credit.

I Alpheus Goodrich Clerk of the Court of Common Pleas in and for the County of Saratoga hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Benjamin Akeley for a pension.
In testimony whereof I have hereunto set my hand and seal of office this first day of January 1834.  
A Goodrich Clerk
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Benjamin Akeley 
for a Pension

(unknown) for not having the testimony of a clergyman (unknown) 


A Nash agent

Ballston Spa NY
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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 named applicant was a Revolutionary soldier and served as he states. And the court further states that Eli Beache who has subscribed and sworn to the above certificate is a Post Master residing in the Town of Edinburgh in said county and that James Partridge Jun. who has also subscribed and sworn to the same is a credible person resident in said Town of Edinburgh. Also that Lebbens Armstrong who subscribed to above certificate is a Clergyman residing in the town of Ballston in said County and that their statement is entitled to credit. 

I Alpheus Goodrich Clerk of the Court of Common Pleas in and for the county of Saratoga, do hereby certify that the foregoing contains the original proceedings of the said court in the matter of the application of Benjamin Akeley for a pension. 
In testimony whereof I have hereunto set my hand and seal of office this first day of January 1834.
A Goodrich Clerk
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29602

Benjamin Akeley

Rolls
Vol 9 29 Corps 290-L21510

In Vol 9 p 34 Corp 29 days 1780 

A Nash Esq 
Ballston Spa 
NY
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War Department

Pension Office
18 March 1834

Sir:
The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in tabular form. On comparing these papers with the following rules, and the subjoined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will show what is necessary to be done. Those points to which your attention is more particularly direct, you will find marked in the margin with a brace, (thus: }). You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your claim. 

A Statement, showing the Service of  

Period when the Service was rendered
Duration of the claimant's service
Years Months Days
Rank of the Claimant
Names and rank of the Field officers under whom he served
Age at present and place of abode when he entered the service 
Proof by which the declaration is supported 

Volun. 1775  
6 mo 
pri.
Cap Lane Col. Luddington
75 NY
entered service Westchester

cont'd 76 
5 mo 
pri
Dusenburg Col. Humphrey
Traditionary 

77
3 mo
pri
Cap Lane Col Luddington

77
2 mo 
pri
Cap Lane Col Luddington 

78
3 mo 
pri
Cap Drake Col. Drake 
Certificate of Clergyman and 2 respectable persons 

79 
3 mo 
pri
Cap. Lane Col Luddington 

80
1 year
Teamster
Commissary Campbell 

0 29 
Corporal 

0 8 29 

I am, respectfully, 
Your obedient servant, 
James L. Edwards, 
Commissioner of Pensions
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2

Regulations under the Act of June 7, 1832.

The following regulations have been adopted:

This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army, and to include under the terms "Continental Line", "State troops" , "militia", and "volunteers", all persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, &c., Teamsters, Boatmen, &c. Persons who served on board of private armed vessels are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service.
Four general classes of cases are embraced in this law:
1. The Regular Troops
2. The State Troops, Militia, and Volunteers..
3. Persons employed in the Naval Service.
4. Indian Spies.

As rolls of the regular troops in the Revolutionary War exist in this Department, all persons claiming the benefit of this law as officers, non-commissioned officers, musicians or privates, will, in the first instance, make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides. And every Court having by law a seal and Clerk is considered a Court of Record..

Declaration
In order to obtain the benefit of the Act of Congress of the 7th of June 1832.

State, Territory, or District of County of ss.

On this ___ day of ___ in the county of ___ and State, Territory or District of ___ aged (c)___ 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 provision made by the act of Congress, passed June 7th, 1832. That he enlisted in the Army of the United States in the year (d)___, with ___ and served in the ____(e) regiment of the _____ line, under the following named officers:
[Here set forth the names and rank of the Field and Company Officers; the time he left the service; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers); the town or county and State in which he resided when he entered the service; the battles, if any, in which he was engaged, and the country through which he marched. This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.]

He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of ___
Sworn to and subscribed the day and year aforesaid.
A.B.
[ And then will follow the certificate of the Court.]

And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states. 
I ______ of the Court of _____ do hereby certify (H) that the foregoing contains the original proceedings of the said Court in the matter of the application of _____ for a pension.

In testimony whereof, I have hereunto set my hand and seal of office (i) this ____ day of _____ &c.

If, on examination of the proper record, the names of applicants, making such declaration, cannot be found, they will produce such proof as the rate given in note (j) points out.
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers, or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz:  (k) We, A.B., a Clergyman, residing in the  ________ and C. D. residing in (the same) hereby certify, that we are well acquainted with ________, who has subscribed and sworn to the above declaration; that we believe him to be ____ years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.

Sworn and subscribed the days and year aforesaid.
[And then will follow the certificate of the 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 A.B. who has signed the preceding certificate is a clergyman, resident in the ________ and that C.D., who has also signed the same is a resident in the ______ and is a credible person, and that their statement is entitled to credit.

I, _____ Clerk of the Court of _____ do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of ______ for a pension.

In testimony whereof, I have hereunto set my hand and seal of office this ____day of _____ &c.

Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction.
If such surviving witness cannot be found, the applicant will so state in his declaration, (l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and fin the comparison of his narrative with the events of the period of his.........

(hand written on bottom of page) If can not be readily admitted that so much service is inacceptable of proof by a claimant still residing in the state where it was ordered.
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3
alleged service, as they are known at the Department. A very full account of the services of each person
will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal
means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected.
All applicants will appear before some Court of Record in the County in which they reside, and
there subscribe and be sworn to, one of the declarations above provided, according to the nature of his
case.

The Court will propound the following (m) interrogatories to all applicants for a pension, on account of
service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State
troops of Virginia.
1. Where and in what year were you born?
2. Have you any record of your age, and if so, where is it?
3. Where were you living when called into service; where have you lived since the Revolutionary 
war, and where do you now live?
4. How were you called into service; were you drafted, did you volunteer, or were you a substitute?
And if a substitute, for whom?
5. State the names of some of the Regular Officers, who were with the troops, where you served; such
Continental and Militia Regiments as you can recollect, and the general circumstances of your services.
6. To a Soldier. Did you ever receive a discharge from the service, and if so, by whom was it given,
and what has become of it?
6. To an Officer, Did you ever receive a commission, and if so, by whom was it signed, and what
has become of it?
7. State the names of persons to whom you are known in your present neighborhood, and who can testify
as to your character for veracity, and their belief of your services as a soldier of the Revolution.

The Court will see that the answers to these questions are embodied in the declaration, and they are
requested to annex their opinions of the truth of the statement of the applicant.
The applicant will further produce in Court, if the same can be done, in the opinion of the Court,
without too much expense and inconvenience to him, two respectable persons--one of whom should be
the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from
their acquaintance with him, that they believe he is of the age he represents, and that he is reputed
and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion.
If one of these persons is a Clergyman, the Court will so certify, and they will also certify to the character
and standing of other persons giving such certificates.

The traditionary evidence of service is deemed very important, in the absence of any direct
proof, except the declaration of the party. And the Courts are requested to be very particular in the
inquiry whether the belief is general, and whether any doubts have ever existed upon the subject.

Applicants unable to appear in Court, by reason of bodily infirmity, may make the declaration before
required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper
county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform,
and will also certify that the applicant cannot, from bodily infirmity, attend the Court.

Whenever any official act is required to be done by a Judge or Justice of a Court of Record,
or by a Justice of the Peace, the certificate of the Secretary of State or Territory, or of the proper
Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a
Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature [illegible] is
his genuine signature.

No payments can be made on account of the services of any person, who may have died before
the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the
declaration herein required is made, the parties interested will transmit such evidence as they can procure,
taken and authenticated before a Court of Record, showing the services of the deceased, the period
of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the
opinion of the Court upon the whole matter

[a] The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow 
the rule laid down for his guidance.
[b] The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not
conforming to the rule.
[c] The age of the claimant must invariably be mentioned.
[d] The declarant must mention the period or periods of the war when he served.
[e] Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the
claim cannot be had. Every claimant must state, 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 amount of pension he is entitled. 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___year_______months, and ________
days, I served as a _________For ____ months and _____ days, I served as a ______;  and for such service I claim a pension."
It is important, in all cases to determine with precision the period for which each 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. Some persons who apply for pensions merely state that they served two years
in the militia, & c. without specifying the tours, the names of the officers, and other particulars respecting their service. This form of a declaration is
highly objectionable. It must, in every case, be clearly shown under what offers the applicant served; the duration of each term of engagement;
the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority;
that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil
pursuit.
[f] The law makes the relinquishment indispensable.
[g] The opinion of the court is always required.
[h] The Clerk must give his certificate in every case.
[i] The Clerk must affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he has no public
seal of office, the certificate of a Member of Congress, proving the official character and signature of the certifying officer, should accompany 
the papers.

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 papers authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends 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.

Proof of Service.
[j] 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 claimant's entering the service, and   the time and manner of his leaving the same, as well
as the regiment, company, and line to which he 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.
The notes from [a] to [i] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in
note [j] applies to continental troops only.
[k] This traditionary evidence is indispensable in militia cases.
[l] If a witness cannot be found, the declarant must state the fact.
[m] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.
Page 20

John Akeley
Deposition

Akeley
Page 21

John Akley being duly sworn by the under named justice, saith that he the said Akley did the winter last go to the county of Cayuga in the western part of the State of New York where it was expected that he could procure sufficient evidence of his father Benjamin Akley's services in the revolutionary war as a soldier. But after making diligent search he was not able to obtain any. John Akley

Sworn and subscribed
before me this 7th day
of Sept. 1835

Amos Lawton Justice

I hereby certify that I am and have been for twenty years past well acquainted with the above named John Akley and do believe that he is a man of truth and veracity. 
Day September 7th 1835 Amos Lawton 
Justice
Page 22

War Department
Pension Office
May 12, 1838

Sir, 
The papers of Benjamin Akely have agreeably to the request in your letter of the 7th inst. been re-examined. The claimant states that he served six months in Capt. George Lane's company, Col. Luddington's regiment in 1775; twelve months under Capt. Dusenburg, Col Humphrey's regiment in 1776; three months in Capt. Lane's company in 177; three months in Capt. Drake's company in 1778; three months in Capt. Lane's company in 119; and one year as a Teamster under Commissary Campbell in 1780. It does not appear that there was any such service in Col. Luddington's regiment at the period referred to. In 1776 there was a draft upon the militia of Westchester for five months men. Of the twelve months service in 1776 there is no evidence in the Department. The rolls of Capt. John Drake furnish no evidence of the claimant's service therein. On the rolls of Capt. George Lane the claimant's name no where appears except in 1780 where he is credited with twenty nine days service as a Corporal. Of that
Page 23

company there are no rolls prior to 1779. If the applicant was in the continental service as a Teamster, he is without doubt mistaken as to the date. If on reflection he find, he is mistaken as to the date of the tour in 1775, he will amend his declaration in that respect under oath. 

I have the honor to be
Very Respectfully
Your Obdt. Servt.
JL Edwards

Hon John J. DeGraff
House of Representatives
Page 24

State of New York
Saratoga County

Benjamin Akeley being duly sworn before me Joseph Covell a Justice of the Peace of said County deposeth and saith that his first service was militia service under Capt. Geo. Lane in Col. Ludington's Regiment saith on reflection that he is not certain that it was in 1775 but that he made the date partly from some attending circumstances but is not cure that it was correct. Says he cannot certainly tell the exact time, says he is not positive how long he served at that time, thinks it was from three to six months. Saith he served several times under Capt. Lane and one time as a corporal. 
Saith the next service he enlisted in the New York Service for twelve months under Capt. Dusenburg and Lieut. Dusenburg and ensign Moolsey in Col. Humphrey's Regiment. he joined the Regiment at Peeks Kill stayed there a short time and then went to Long Island and was driven by the British from there to New York and from New York to White Plains where he received his discharge. 
Says his next service was in Col. Drake's regiment he does not certainly recollect the company officers, thinks he Lieut's name was Drake also he joined the Regiment and Crumpond where was his regular quarters. How long he was out this time he is not certain thinks three months. He saith that he served one year as teamster in wagon service is not certain as to the date he saith he served as substitute for William Dusenburg under commissary Campbell he says in this service he drove Dusenburg's team and Dusenburg received pay for team and he received the pay for his services. 
He said that all the militia service except the year for which he enlisted they were called out by companies to guard the shores of the North river and was out terms of various lengths cannot tell the length of each precisely nor the date thereof. Says he always drew the pay and rations of a soldier.
Page 25

The saith received a discharge all of which were burnt when he had his house burnt. He saith that old age and infirmities has much impaired his memory together with the length of time that has elapsed since the facts were transacted. 
In the presence of
Joseph Covell

his 
Benjamin x Akeley
mark

Sworn and subscribed before me this 2 day of June 1838

Joseph Covell Justice of the Peace and the undersigned do hereby certify that I am personally acquainted with the above named Benjamin Akeley and believe him to be a man of truth and veracity and that he is generally reported to have been a continental soldier in the revolutionary war. 
Joseph Covell Justice

State of New York
Saratoga County

Joseph Partridge, Danford Edmunds, Martin Butler and Ely Beache being duly sworn before me the undersigned a Justice of the Peace in and for said County deposeth and saith that they are severally personally acquainted with the above named Benjamin Akeley and do believe that from old age and infirmities that he is rendered incompetent to relating correctly occurrences transpired as long since the revolutionary war. 

Sworn and subscribed before me this 2d day of June 1838
Joseph Covell Justice of the Peace

James Partridge
Danford Edmonds
Martin Butler
Ely Beache 

State of New York
Saratoga County Clerk's Office} ss.
I Alpheus Goodrich, Clerk of the county of Saratoga, Do certify that Joseph Covell Esq. before whom the annexed affidavit purports to have been sworn, was at the date of the same, one of the Justices of the Peace in and for said county, and that I am acquainted with his hand writing and verily believe his name subscribed to the said affidavits to be his proper hand writing and signature. 
Witness my hand and seal of office the fourth day of June 1835. 
A Goodrich Clerk
Page 26

June 29, 1937
xxxxxxxxxxxxxxx

Benjamin Akeley 
BA-J/MCS

Mr. H.H. West
214 South Hill Street
Los Angeles
California

Dear Sir:
Reference is made to your letter of June 5, 1937, requesting the military and family history of Benjamin Axley, A Revolutionary War soldier shown on the 1840 index of pensioners as living in "Edinburgh County, New York".

A careful search of the Revolutionary War records of this office fails to show a claim for pension on file on account of the cservice of a Benjamin Axley, but there is on file a pension claim, S.22619, made by a Benjamin Akeley who lived in Edinburgh, Saratoga County, New York, and the following is an abstract of said claim. 

Benjamin Akeley was born April 5, 1758, in "Frederick's Town", Westchester County, New York. The names of his parents were not given. 

He served as follows, with the New York Troops, as a private with the exception of one enlistment when he served as corporal: from the firs of June, 1775 (stated he was not certain it was 1775), served three to six months in Captain George Lane's company in Colonel Henry Ludenton's regiment; from April, 1776, served one year in Captain John Dusenbury's company in Colonel Humphrey's regiment; from the first of June, 1777, three months in Captain George Lane's company in Colonel Ludenton's regiment; from the first of September, 1777, two months in Captain George Lane's company; from about August, 1778, three months in Captain John Drake's company in Colonel Samuel Drake's regiment; from August 1779, three months in Captain George Lane's company in Colonel Ludenton's regiment; from the first of May, 1780 (stated not certain as to the year) he served one year as teamster in Captain John Brown's company, conductor of the continental teams under Major Thomas Campbell, a commissary over the continental teams.
Page 27

Benjamin Akeley lived in Frederick's Town, New York, until 1792 when he moved to Cooksakie, (probably meant for Coxsakie), Albany County, New York. From there he moved in 1802 to Edinburgh, Saratoga County, New York. 

He was allowed pension on his application executed January 1, 1834, at which time he was living in Edinburgh, Saratoga County, New York, and he was living there in 1838.

Benjamin Akeley had a son, John Akeley (personal signature Akley), who was living in 1835. There are no further data relative to the soldier's family. 

Very truly yours

A.D. Hiller
Executive Assistant
to the Administrator
Page 28

Revolution

22619
INVALID

File No. 22619
Benjamin Akeley
Corp New York

Act: June 7th 32

Index:- Vol. 2, Page 4

[Arrangement of 1870] 

7 June 29 hist to
Her N.N. West West
Page 29

New York
Benjamin Akeley
Act of June 7 32
Let G J J shew Nov. 17 1837
"  " Hon. J.J. DeGraff Dec 28, 1837
" to same 12 May 38
" to same 16 June 38
Page 30

Hon John J Degraff
Washington
Hous of Protection
Page 31

[illegible] Jun 2nd 1838

Dear Sir

I send you Mr. Akeley amends as far as he is capable of stating as for  {illegible} he cannot state but [illegible] He is in [illegible] and  [illegible]
No Possible means of his [ illegible] everything about his [illegible] if this Department can't allow him something it wants [illegible]

I should like to hear from it as soon as convenient. Yours [illegible]
James Partridge

Hon. John J. Degraff
Page 32

Washington 
15 May 1838

Dear Sir
In looking over Mr. Akeley's papers I have no doubt he has performed service but he may have committed an error about years and dates. I enclose you a reply on a re-examination of his claims. It would give me pleasure to serve him. I would recommend him to Giles F. Yates of Schenectady or the man who first made out his papers. He must have a copy of what he first stated. 
Yours Resp.
John L. Degraff

Mr James Partridge
Page 33

House of Rep
June 18 1838

Sir
I have this day record the application of Jeremiah Baker for a pension. I herewith enclose the papers and request you to have them examined as soon as may be convenient. 
With Respect
Your obt. Servt
John Ruth

James L Edwrds Esq. 
Commissioner of Pensions
Page 34

Northampton
Sep 29

Oct 2

Fire 

Revolutionary Claim

Benj Akeley
NY 

J.L. Edwards

Comm. of Pensions
Washington City
D. Col.
Page 35

Northampton Montgomery County
New York State, Sept 28th 1837

Dear Sir, 
A man by the name of Benjamin Akeley made application for a pension under the Law of 1831, and on the 18th of March 1834, the papers in his case were returned with objections to A. Nash Ensign of Ballston Spa. In the month of May or June 1837, said Nash again returned them to the Pension office for a re-examination, and has not as yet received any answer from them. The business is this day given over to me to make enquiry into the case; therefore, I solicit the favor to have the papers re-examined and the result, or rather your decision thereon communicated to me as soon as convenient with the rules of your office. 
With sentiments of much
respect & c
John J. Shew 

Hol. J.L. Edwards Comm of Pensions
Page 36

29602
In the matter of Benj Akeley
amends declaration 
for a pension

aomd
8 mo priv
29 corpl

$30.20/000 per annum 

Hon. J.J. Degraff

HR

John Degraff
Page 37

B. Akeley 
deposition

Akeley
Page 38

Benjamin Akley of the town of Edinburgh in the County of Saratoga State of N.Y. came personally before me the under named Justice of the peace of the town of Day and county aforesaid and after being duly sworn saith that he has diligent search and inquiry to obtain further evidence of his services in the revolutionary war as a solider but has not been able to any in consequence of the death of some and the removal of others to unknown parts of those who served with him the said Akley in said war.
Sworn and subscribed 
this 7th day of Sept 1835
before me Amos Lawton Justice

his
Benjamin x Akley
mark

I hereby certify that I have been acquainted with the above named Benjamin Akley for twenty years past and always have heard that he was and do believe that he is a man of truth and veracity. And I further certify that long previous to there being any law passed or any provision made for that description of soldiers to receive a pension. I have heard said Akley say that he served in said war as a militia man and I do believe that it is the general opinion of those acquainted with the said Akley that he did help fight the battles of his country in her struggle for liberty and independence. 
Day Sept. 7th 1835

Amos Lawton Justice
Page 39

J Partridge Jun
deposition

Akeley
Page 40

I James Partridge Jun of the Town of Edinburgh in the county of Saratoga and State of New York being duly sworn depose and say that I have been employed in behalf of Benjamin Akeley to obtain further evidence of his services in the Revolutionary War and having been to Rensselaer County and to the Western part of the State of New York and made diligent search and inquiry could not find such evidence in consequence of death and removable to places unknown. And further deposes and say that I am well acquainted with the said Benjamin Akeley and have been for a number of years and believe him to be a man of truth and veracity.
James Partridge Jun 

Subscribed and sworn to 
this 9th day of Sept. 1855
before me Martin H. Butler Justice

I hereby certify that I am well acquainted with the above named James Partridge and have been for some years past and believe him to be a man of truth and veracity
M.H. Butler
Page 41

Secretary of State
by Dept Campbell
Page 42

State of New York
County of Saratoga} ss
I, Alpheus Goodrich, Clerk of the court of the common pleas in and for the county of Saratoga and state of New York aforesaid, do certify that Martin H. Butler before whom James Partridge Jun. purports to have been sworn in the annexed affidavit was at the date thereof a Justice of the Peace in and for said county and that his signature thereto is genuine and also that Amos Lawton before whom John Akley and Benjamin Akley purport to have been sworn in the annexed affidavit was at the date thereof a Justice of the Peace in and for said county and that his signature to the same is genuine. 
In testimony whereof, I have hereunto affixed my name this 25th day of May in the year 1837. 
A Goodrich Clerk
Page 43

State of New York
Secretary's Office
I certify that it appears by the minutes of Provincial Congress of New York of the 20th July 1776 that Henry Ludenton was Colonel of a Regiment of Militia in the county of Dutchess on the said day a letter from him was read in convention in relation to certain officers in his said Regiment (I have not been able to find when he was appointed but I presume he was not colonel of said Regiment in 1775). 
On the 28th day of May 1778 the Governor and formail of Appointment of this State again appointed the said Henry Ludenton Colonel of the said Regiment and George Lane was at the same time appointed a Captain in said Regiment. 
On the 25th of June 1778 Samuel Drake was appointed colonel of the Regiment of militia in the county of Westchester formerly commanded by Pierre Van Cortlandt and on the same day John Drake was appointed a Captain in the said Regiment. 
Given under my hand and the the seal of this office at the City of Albany the nineteenth day of March A.D. 1836.
Arch'd Campbell
Dep. Secretary

There is no list or muster roll in this office of the privates belonging to the said Regiments of Militia. 
Arch's Campbell
Dep. Secretary
Page 44

No at Reg 8
(unknown) 

J.L. Edwards Esq.
Comm. of Pensions 
Washington 
JL

Hon. J.J. Degraff
HR
Page 45

House of Reps
May 7 1808

J.L. Edwards Esq.

Dear Sir
There is an old soldier residing in my District (unknown) Saratoga County, by the name of Benjamin Akeley who is represented to  as a worthy, excellent man and worthy of the highest credit by several highly respectable persons. His papers in support of his Revolutionary Service are on file in your office, will you hereto goodness as early as convenient to make a answer to be made a full report on his evidence and papers in support of
Page 46

his claim. 
I am very Repy
John J. Degraff
Page 47

B. Akely 

(unknown) 

J.L. Edwards
Comm Pensions

Hon. J.J. Degraff
HR
Page 48

Dear Sir  Ho Rep June 20th 1838

In answer to your Letter of the Instant (unknown) recommend that you cause Benj Akely certificate to be made out for a pension for the time you are writing to allow. 
I am your Resp
John J Degraff
Page 49

J.L. Edwards Esq. 
Comm of Pensions
Page 50

Dear Sir
I enclose the amended Declaration of Benj. Akely.
House of Rep
11 June 1838

I am yours Resp
John J. Degraff
Page 51

J.L. Edwards Esquire

Commissioner of Pensions
Washington City
D.C.
Page 52

Ballston Spa
May 25, 1837

Sir, 
Herewith you will receive the papers related to the claim of Benjamin Akley to a pension under the Act of June 1832.
Please examine the same and transmit to me such decision as made thereon, as early as convenient. 
Very Respectfully
Your most obt Servant
Aaron Nash

James L. Edwards Esq. 
Commissioner of Pensions
Washington City
D
Page 53

Received Jun 9 1937

H.H. West Co. 
Manufacturers' Representative 
214 South Hill 
VAndike 1818
Los Angeles, Calif. 

June 5, 1937

Veterans Administration, Washington, D.C.

Gentlemen:

Will you kindly furnish me the military and family history of the following revolutionary soldier:

Benjamin Axley, 81 years old, shown on list revolutionary pensioners in the 1840 index as in Edinburgh Co., New York.

Information wanted for history of Hezekiah West, a revolutionary soldier, to whom Axley is related. Thanking you, I am,

Yours very truly, 
H.H. West

HW/M