Revolutionary War Pension and Bounty Land Warrant Application File S. 28760, Philip Herter, New York
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(3-1776)

Service - New York   Herter, Philip  Number Number S.28760
Contents
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Abany, N. York 30861
==============
Philip Herter
of Herkimer in the State of N. York
who was a Private in the Company commanded by Captain Herter of the Reg't. commanded by Col. Bellinger in the N. Y. line for 6 months.
======================================================
Inscribed on the Rol of Albany, N.Y. at the rate of 20 dollars 00 cents per annum to commence on the 4th day of March 1831.
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Certificate of Pension issued the 18th day of Oct'r. 1836 sent to Charles Gray Herkimer, NY
======================================================
Arrears to the 4th of Sept. 1836                 $110.00
Semi-annual allowance ending 4 Sep. '37      10.00
                                                                   ======
                                                                    $120.00
                                                                    ======
{Revolutionary Claim Act June 7, 1832}
Recorded by D.D. Addison, Clerk
Book 82 Vol. H Page 30
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30606

Philip Herter's application

Admitted
Private 6 months


Charles Gray, Esq.
Herkimer,
New York
Page 4

Declaration in order to claim the pension of the Act of Congress, passed June 7, 1832.

State of New York Herkimer County} ss. 
On this twelfth day of February in the year of our Lord one thousand eight hundred and thirty-four, personally appeared in open Court before the Judges of the Court of Common Pleas, now sitting, Philip Harter, a resident of the Town of Herkimer in the County of Herkimer and State of New York, aged seventy-two years on the twenty-sixth day of December last past year, who being first duly sworn according to law, doth on his oath make the following declaration in ordain to obtain the benefits of the Act of Congress passed June 7, 1832.

That he entered the service of the United States under the following officers and served as stated; that he this deponent belonged to a company of Militia commanded by Henry Harter. John Davis II was his first lieutenant and Peter Weber was second lieutenant and John Bellinger was ensign in Col. Peter Bellinger's Regiment and Gen'l. Nicholas Herkimer's Brigade. _ That the first duty deponent did was in the Spring of the year 1778. His company was stationed at Fort Dayton in the said Town of German Flatts on the Mohawk River, that the company was deployed doing garrison duty in said Fort during the Summer, that deponent acted in a Military Capacity and was employed in said Fort the whole time except four days to when he was sent with the rest of the Company and with other troops to about five (illegible) and under the Command of Gen'l. Van Rensselaer to guard boats loaded with provisions on their way to Fort Stanwix (Schyler), a distance of about thirty miles from Fort Dayton up the Mohawk River, that said duty was performed in a Military capacity and under the direction of officers, whom he 

(continued on page 5 of this record)
Page 5

(continued from page 4 of this record)

understood had authority to compel said services + also to compel this Deponent to do duty in said Fort. That this Deponent was compelled to do duty until very cold weather in the Fall or Winter, that he did not do duty the whole of said Spring and Summer as he was allowed to go out occasionally did go out part of the time. _ That he was once compelled to go to Germantown in the night a distance of five or six miles to bring in bodies of several persons that had been killed and wounded by the Indians and Tories, that the whole time that he was actually employed in above duty in said Fort as a Soldier in the Company and said officers in the year 1778 was three months.

And this Deponent further says that the next year, being 1779, this Deponent with the other members of the Company, were again called out to duty in said Fort, that the same officers still had charge of the Company, that this Deponent done duty in said garrison as a soldier during said year four months, that he was out but very little, that year except on scouts or excursions against the Enemy or any Civil pursuit, that he done Military duty for that length of time, by the command of his officers _ 

And this Deponent further says that he was a private during said time. He done duty in said Company, that in the Spring of the year1780, Deponent's father and family and this Deponent removed to the County of Columbia on the North (Hudson) River at a place called Germantown and remained there until the end of the War _ That the above seven months service was the only Military service that the Deponent rendered, that this Deponent did not make application before because he understood that 
(continued on page 6 of this record)
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(continued from page 5 of this record)

he would not obtain pay for so short a period of service and that he has lately heard that others had obtained pay who did not perform service for any greater length  of time.

And the Deponent further says that he was born in the present Town of Herkimer, in the County of Herkimer, on the 26th day of January 1762. That a record of his age is in the family Bible of his grandfather, now in the possession of Thomas Shoemaker of the present town of German Flatts in the County of Herkimer. That this Deponent resided at German Flatts, now Herkimer, when he entered the service, that he has resided in the present town of Herkimer, ever since the Revolutionary War and still resides there. That he entered service under the supposition that he was compelled to do duty, that he was not enlisted or a substitute for any person, and may be called a Volunteer _ That there was a Regiment of Soldiers at said Fort parts of the time, called the Jersey Blues commanded by Col. Dayton after whom said Fort was named, but this was before Deponent was compelled to do duty, then other officers at said Fort at different times, Col. Willet, Gen'l. Von Rensselaer, Col. Gansevoort, and others _ That he does not know certainly of any person that is now alive whom he can prove the above service _That he expects to prove his general character for truth and his reputation as a Revolutionary Soldier by the Rev. John P. Spinner and by Christopher Bellinger _ And John Doxtater and other old habitants of said town.

He hereby relinquishes every claim whatever to a pension or an annuity, except the present and he declares that this

(continued on page 7 of this record)
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(continued from page 6 of this record)

name is not on the Pension Roll of any agency in any State.
(signed) Philip Herter)

Sworn to + subscribed this day and year aforesaid in open Court 
(signed) J.C. Nelson, Clerk

We John P. Spinner, a Clergyman residing in the Town of Herkimer in the County of Herkimer and Christopher Bellinger residing in the Town of German Flatts in said County; hereby certify that we are well acquainted with Philip Harter who has subscribed and sworn to the above declaration, that we believe him to be seventy-two years of age; that he is reputed and believed, in the neighborhood where he reside to have been a Soldier of the Revolution, and we concur in that opinion.
(signed) John P. Spinner, DVM
(signed) Christopher Bellinger 
Sworn + Subscribed this day + year aforesaid in open Court
(signed) J.C. Nelson, Clerk

And the said Court do hereby declare their opinion, after investigation of the matter, and after putting the interrogations prescribed by the War Department, that the above reviewed applicant was a Revolutionary Soldier, and served as he states. And that the Court further certifies, that it appears to them that John. P. Spinner who has signed the preceding certificate is a Clergyman, resident in the Town of Herkimer

(continued on page 8 of this record)
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(continued from page 7 of this record)

in said Court, and that Christopher Bellinger who has also signed the same, is a resident of the Town of German Flatts in said County, and is a credible person, and that their statement is entitled to credit.

Seal of Herkimer Common Pleas State of New York

I Julius C. Nelson, Clerk of the Court of common Pleas of the County of Herkimer, do hereby certify that the forgoing contains the original proceedings of the said Court in the matter of the appliction of Philip Harter for a pension.

In testimony whereof, I have hereunto set my hand and seal of the office, this twelfth day of February, one thousand eight hundred and thirty-four.

(signed) Julius C. Nelson, Clerk
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30606
Philp Herter

. In Vols              mo.  
Private _10_ 1779} 2. .5
    "       _ "_     "    } -----
   "      12+11 1780_ 2.10
dec. Apr.19, "34

Admitted
Private 6 months

Charles Gray Esq.
Herkimer
New York
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WAR DEPARTMENT
Pension Office
April 19, 1834

To: 

The evidence in support of your claim, under the act of June 7, 1832, has been examined, and papers herein returned. The following is a statement of your case in a tabular form. On comparing the 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 regulations will shew what is necessary to be done. Those points to which your attention is more particularly directed, and 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.
-------------------------------------------------------------Statement, shewing the service of Philip Herter
===================================
Period when the service was rendered | 1778     | 1779
-------------------------------------------------------------
Duration of the claimant's service        | 3 mo.+- | 4 mo.
-------------------------------------------------------------Rank of the claimant                             | Private  |   "
-------------------------------------------------------------
Name and Rank of Field officers under | Capt.     |    "
whom he served                                    | Harter    |   "
___________________________________________________________Age at present and place of abode when he entered the service.                                             |   72
------------------------------------------------------------
Proof by which the declaration is supported (blank)

I am respectfully,
Your obedient servant, James L. Edwards, Commissioner of Pensions
+The Militia to which the claimant belonged were occasionally and short tours only
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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 engages 
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 claim-
ing 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 [blank space] day of [blank space] personally appeared (a) before [blank space]
A.B. a resident (b) of [blank space] in the county of [blank space] and State, Territory or District
of [blank space] aged (c) [blank space] years, who being first duty 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) [blank space], with [blank space] and
served in the [blank space] (e) regiment of the [blank space] 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 serv-
ed 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. [icon of right facing pointing finger] This form is to be varied sp as to apply to the cases of officers and per-
sons 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 revolu-
tionary soldier, and served as he states.
I [blank space] of the Court of [blank space]
do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of
the application of [blank space] for a pension.

In testimony whereof, I have hereunto set my hand and seal of office (i) this
[blank space] day of [blanks space] &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 rule given in note (j) points out.

Every applicant who claims a pension by virtue of service in the State Troopers, 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 [blank space] and C.D. residing in (the same)
hereby certify, that we are well acquainted with [blank space], 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 names applicant was a Revo-
lutionary Soldier, and served as he states. Ans the Court further certifies, that it appears to them that A. B.
and that C. D., who has also signed the same is a resident in the [blank space]
and the C. D., who has also signed the same is a resident in the [blank space]
and is a credible person, and that their statement is entitled to credit.

I, [blank space] Clerk of the Court of [blank space] do hereby certify that the foregoing
contains the original proceedings of the said Court, in the matter of the application of [blank space]
for a pension.

In testimony whereof, I have hereunto set my hand and seal
of office, this [blank space] day of [blank space] &c.

Every applicant will produce the best proof in his power.  This is the original discharge or commis-
sion; 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 ser-
vices 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 in the comparison of his narrative with the events of the period of his
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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?
          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 annexed 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.


(in smaller print)
     [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 invariable be mentioned.
     [d]  The declarant must mention the period or periods of the war when he served.
(large bracket outside [e] - [g])
     [e] (underlined) 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. (end of underline)  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 
(page folded, letters gone)
     "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 his 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 (italics) about three or four months, (end italics) 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.  (underline) It must, in every case, be clearly shown under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; (end underline) that the applicant served with an embodied corps (underline)called into service by competent authority: (end underline) 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.
(side bracket ends here on both sides of the writing)
     [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.

(large font)  Mode of authenticating papers.
(regular font)  In every instance where the certificate of the certifying officer who authenticates 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.

(large font)  Proof of Service.
(regular font)  [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.
(right pointing hand)  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 not [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.
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28760
Rev'y. Invalid
---------------
File No. 28760
Philip Herter
Pri. Rev. War
--------------
Act: June 7th '32
Index: -- Vol. 9, Page 180

[Arrangement of 1870.]
Page 14

New York 
Philip Herter

Suspended

Letter to
J. B. Hunt
17 May 1834
Let. to Charles Gray Octob.
11 1836
Page 15

In the case of
Philip Herter
Christopher Bellinger
Afft.
Page 16

State of New York
Herkimer County

On this sixteenth day of June one thousand eight hundred and thirty six, appeared before me the undersigned one of the Justices of the Peace of said County Christopher Bellinger of the town of German Flatts in said County, who being duly sworn deposed says, that he is now Seventy two years of age, that he is personally acquainted with Philip Harter of the town of Herkimer in said County, and has been acquainted with him since the deponent was five or six years of age; that this Deponent was also acquainted with the father of said Philip Harter, that his name was Henry and he was a Captain of a Company of Militia during the Revolutionary War, in Col. Peter Bellinger’s Regiment of Infantry — That this Deponent in the Month of September in the year 1778 was required to do duty in the Company of said Henry Harter then stationed in Fort Drayton on the Mohawk River in the foresaid town and County of Heskin that this Deponent on account of his age was excused from doing any duty except that of standing on guard & taking his regular tour of duty in said Fort, but was not required to go as a scout out of the Fort — that at that time Philip Harter above mentioned, who is an applicant for a pension was in said Fort doing duty as a private in Captain Henry Harter's Company in said Fort, and that this Deponent remained in said Fort until the death of this Deponents brother, who was killed by the Indians in the year one thousand seven hundred and eighty, when the family of Deponent, removed from the Country — that this Deponent has recently Examined certain records kept by Melchert Folls now deceased from said examination has ascertained that his brother died in said last mentioned year & recollects that they removed from the seat of War directly after the death of his brother — that this Deponent distinctly recollects that the said Philip Harter during all of said time was stationed in said Fort and done duty as a Soldier in the Fort, and that he was there about the space of two years and may have been there before the year 1778 when Deponent served there — that this Deponent does not know of any service done by said Harter out of the Fort as Deponent did not go out himself, and has no recollection of any particular times that said Harter was out of said Fort & that this Deponent is not an applicant for a pension and has not been — and further says not
(signed) Christopher Bellinger

Sworn & subscribed before me this 16th day of June 1836
(signed) Nicholas Smith, Justice
Page 17

State of New York
Herkimer County 

Philip Harter of the town of Herkimer in the County and State aforesaid, being duly sworn deposes and says, that he was private in a Company of Militia commanded by Capt. Henry Harter in a Regiment of Militia commanded by Col. Peter Bellinger in Genl [General] Nicholas Herkimer's Brigade, that the first Lieut. was named John Damouth, the second Lieutenant Peter Corbin and the Ensign John Bellinger that he was employed in said company in the Spring of the year 1778 at Fort Dayton in the said town of Germanflatts [German Flatts] Tryon County, now Herkimer County, that the company said this Deponent was employed principaly [principally] in garrison duty in said Fort, and only out occasionally on scouts & to guard the boats with provisions on the River, that the whole of that part of the County was infested with Indians and Tories in the summer season, and constant duty was required of the Militia in standing on guard and defending [illegible] against the [illegible] of the enemy, that this Deponent was so employed in actual service in a Military Capacity as a private in said Company in the year 1778. at least three months— that he done duty by the Command of his officers who he was informed about under the authority of the Governor of the state of New York, that during said time he was not engaged in any Civil pursuit or occupation but done said duty as a Soldier  — His [illegible] has been informed that previous to said time the Militia were only called out occasionally, but in the two years that this Deponent was employed as a soldier, the principal part of each summer all the persons capable of bringing arms were recruited by the Captain to be on duty in the Forts, except on short tours out of the Forts as scouts or guarding the boats and this Deponent done but little of that kind of service that he was once out four days in guarding boats and once out at Germanmantown [Germantown] to bring in dead bodies, that the other times when he was allowed to go out of the Fort,
Page 18

(continued from page 17)
was at short intermissions with the consent of the officers for a few days only at a time — And that they done duty until late in the fall, that the time of said service may have been more than the time above stated and this Deponent thinks it was, but is confident that he served at least three months in that year as such private as aforesaid 

And this Deponent says, that in the year 1779 he was still a private in Capt. Henry Harter's Company in Col. Peter Bellinger’s regiment as aforesaid, that he was engaged in the same kind of service and done more garrison duty than in the proceeding year, and not less than four months of actual Military duty in said Company by the command of his officers who he was informed acted under and of the authority of the Governor of the state. That the duty required in said last year was almost unremitted during the summer [illegible] the whole county was in [illegible] the preceding year destroyed by the burnings of the enemy — And Deponents father & family was compelled to abandon that part of the County & deponent went with them to Columbia County in the spring of the year 1780.

That according to the best recollections and beliefs of this Deponent he served not less than seven months as a private in said Company, and for which service this Deponent claims a pension — and further says not.

(signed) Philip Herter

Sworn & Subscribed
Before me this tenth day of May 1834 before me 

(signed) James Getman JP

State of New York 
Herkimer County

(continued on page 19)
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a(continued from page 18)

Clerk's Office} I Julius C. Nelson Clerk of the said County do Certify that James Getman, Esq. before whom the foregoing affidavit purports to have been sworn, was a Justice of the Peace in and for said County and duly qualified to act as such Justice and that I am acquainted with his handwriting and verily believe his name subscribed to the said affidavit to be his proper handwriting and his signature.

(seal applied to upper left of page)

Given under my hand, and seal of the said County this 10th day of May 1834
(signed) Julius C. Nelson, Clerk
Page 20

(horizontal text)

New York
Returned

May 16 1834

(vertical text)

Herkimer, NY
May 12 1834

Mr. J. L. Edwards
Commissioner of Pensions
Washington
Page 21

Herkimer N.Y. May 10. 1834
J. L. Edwards Esq

Dr Sir,

I enclose you the conditional affidavit of Mr Philips Harter; and altho in the early part of the War the Militia was out only occasionally, yet from the testimony of all the persons with whom I have had conversation, it appears that in the years 1778.9 & 1780 during the Summer or open season of the year the whole population was in the Fort Lubbock houses along the River, the River during regular Military service night and day for most part of the time — when the winter season approached & especially after snow fell, the watch was relaxed & the men discharged to follow what pursuits they could. 

In the present case Mr Harter is a most Respectable and conscientious man, and the fullest credit may be given to his evidence, if he is not mistaken by the great length of time since the service was rendered but he would not do it intentionally.

If he can obtain a pension for the services mentioned within, it will not be misplaced.

Respectfully yours 
etc.
Jas B. Hunt
Page 22

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Revolutionary Claims

J. L. Edwards, Esquire
Comsr of Pensions
Washington

Herkimer, NY
June 21st "36

(vertical text)

Philip Herter June 25
NY
Page 23

Sir,
Enclosed is an affidavit in explanation of the service of Philip Harter who is an applicant for a pension under the Act of June 7, 1832.

From your letter to Mr. Harter on this subject of the date of May 17, 1834, it appears that Mr. Harter's supplemental aff't. which did not then specify his service _ I learn from him that his application has rested in this way ever since and that nothing further has been done to obviate the objection _ If the enclosed aff't. should be satisfactory or if any further explanation should be desired you will please to communicate either to Mr. Harter or me at Herkimer N.Y. _ Mr. James B. Hunt who drew the papers for Mr. Harter and with whom your former correspondence on this subject has been had has removed to Michigan _

I am respectfully your obd. serv't.

(signed) Charles Gray

J.L. Edwards Esquire

Herkimer June 20, 1836
Page 24

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Revolutionary Claims
 J. L. Edwards Esquire
Com. of Pensions
Washington

(partial postmark) Herkimer 

(vertical text) Oct 10
NY
Page 25

Sir,

About this 4th July last I received a line from you of the date of the 1st July there  current stating that the aff't. of C. Dolinger in support of the claim of Philp Harter which we had shortly before forwarded to you had been received and examined, and that from the papers of Mr. Harter and the pay Roll of Capt. Henry Harter in whose company the serving of Mr. P. Harter claims to have been reason you had concluded the applicant had served with for six months and that he was allowed a pension for six months service.

You add "a pension certificate will be transmitted as soon as it can be made out. _ On the receipt of that information I immediately communicated to Mr. Harter the glad tidings.

I have since that time been applied by the old gentleman for the promised Certificate very often and lately it is with difficulty, I can persuade that the whole is not a hoax.

For the reason that we did not like to be troublesome to the Department and expecting as soon as the business your office would permit you would forward it we did not write to remind you of it.

We apprehend concern that for some

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reason or other this matter has been overlooked and want to remind you of the months + ask you as soon as your convenience will admit to forward us the Certificate you mentioned in your last line.

I am respectfully your ob't. serv"t

(signed) Chas Gray

J. L. Edwards, Esquire
Com. of Pensions

Herkimer Oct. 1, 1836