Revolutionary War Pension and Bounty Land Warrant Application File R. 3823, Isaac W Fryer, New York

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SERVICE
New York

Fryer, Isaac W. 

NUMBER
R. 3825

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CONTENTS

[A number of empty lines]

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DECLARATION
In order to obtain the benefit of the Act of Congress, passed June 7, 1832

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[In bold] STATE OF NEW YORK,
Count of Albany } ss,.

On the twenty fourth day of August 1832, personally appeared in open court, before the Justices Court of the City of Albany now sitting, Isaac W. Fryer of [illegible, crossed out] a resident of the Town of Guilderland in the county of Albany and state of New York  aged 6 March last seventy years, who being first duly sworn according to law, doth on this 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 was enrolled at the age of sixteen years in Capt. N. Joralemons Company of Militia, in the City of Albany, and marched from there to Fort Hunter, and from thence to Stone raby [Stone Arabia], and after remaining there some considerable time, then marching to Fort Planck and again back to Stoneraby, and lay there some time in a fort called Fort Snell. R were ordered to march to Fort Plain, where the milita after being in garrison a while, were marched to Fort Planck again, and thence to Stone raby, and were discharged in Fort Snell then commanded by a Major Van Beuren [Bueren], from Schodack, and returned to Albany  That he has on various occasions been called out as a private in the militia in the company Commanded by Capt. Joralemon, and with the Albany Regiment Commanded by Col. Abraham Cuyler of the City of Albany, in excursions and expeditions to various parts of the frontiers, both by night and day, the precise times of which, he cannot now detail with accuracy, nor the various terms of services, (and they were not few, nor far between) in which he has been called out, for the purpose of apprehending conspirators and  of quelling the tories and disaffected persons in the County of Albany and its vicinity, but he can confidently state and doth unhesitatingly declare, that the whole period of his services, was not less than, twelve months and (illegible).
He hereby relinquishes every claim whatever to a pension or annuity except the present, and declares that his name is not on the pension roll of the agency of any state. 

Sworn to and subscribed, the day and year aforesaid.

John G. Watson Clk
Isaac W Fryer

We, Thomas Holiday a Clergyman, residing in the town of Bethlehem and John Hilton residing in the City of Albany hereby certify, that we are well acquainted with Isaac W. Fryer_____ who has subscribed and sworn to the above declaration; that we believe to be upwards of seventy years of age ; that he is reputed and believed, in the neighbourhood where he resides, to have been a soldier of revolution, and that we concur in that opinion.

Sworn and subscribed, the day and year aforesaid,

J. G Watson Clk
Thomas Holiday
John Hilton

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 Thomas Holliday who hath signed the preceding certificate, is a Clergyman resident in the town of Bethlehem; and that John Hilton who has also signed the same, is a resident of the City of Albany and is a credible person and that their statements are entitled to credit. 

I John G. Wasson  Clerk of the Justices Court of the City of Albany DO HEREBY CERTIFY, that the foregoing contains the original proceedings of said Court, in the matter of application of Isaac W. Fryer for a pension. 

In Testimony, whereof, I have hereunto set my hand and seal of office this fifth day of September AD 1832
John G Wasson Clk

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County of Albany
Justices Court of the City of Albany

On this seventh day of September 1832, before the Justices Court of the City of Albany in open court, personally appeared Nicholas Joralemon and James Hilton and being duly sworn, deposed and said, that they are well acquainted with Isaac W. Fryer, who hath subscribed and sworn to the within in declaration;  that he is a farmer residing in their neighborhood and in the vicinity of the City of Albany and a man of unimpeachable Character for truth and veracity; that during the time of the  troubles between the United States and Great Britain; he was a staunch friend to the liberties of his Country; and that the detail of his services as a revolutionary soldier in the militia, is to the knowledge and belief of these Departments true, as the same are set forth in the said declaration - Subscribed and sworn to the and and year aforesaid 
[signatures] 
Nicholas Joralemon 
Thomas Hilton
John G. Wasson Clk

It is certified that on the 7th day of September 1832 the above named Nicholas Joralemon and James Hilton personally appeared in the Justices Court of the City of Albany, and made oaths in our form of Law to the above deposition by them subscribed - and that the said Nicholas Joralemon and James Hilton are credible persons - By order of the Court - In witness whereof the seal of the said Court is hereto affixed this 2d July 1833

[signed]
John G. Wasson Clk

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Know all men by these presents: That whereas I Isaac Fryer of the City of Albany in the County of Albany and State of New York in & by me letter of Attorney bearing date the eleventh day of January one thousand eight hundred of fifty five did make constitute & appoint one C. R. Lee of the same place my true& lawful attorney for me & in my name to demand & receive from the Government of the United States all mony or monies due or that may become due as the son & heir at law of Isaac W. fryer of the Town of Guilderland in the County of Albany, deceased for service rendered in the War of the Revolution declared by the U.S. in the year 1776, as by said letter will more fully appear.
Now therefore I the said Isaac Fryer have revoked countermanded annulled & made void & by the presents do revoke countermand annul & make void the said letter of Attorney & all power & authority thereby given or intended to be given to the aforesaid C. R. Lee

In witness whereof I have hereunto set my hand & deal this eleventh day of January in the year of our Lord one thousand and eight hundred of fifty five.
Isaac Fryer + his mark

In the presence of Jam.s Fannum

State of New York
City of Albany: On this 11th day of January 1855 before me personally appeared Isaac Fryer to me known as the person who executed the foregoing Revocation of letter of Attorney & acknowledged the due execution thereof.
T. S. Van Hoevenbergh
Commissioner of Deeds

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(ill legible)  8491
Isaac W Fryer 


Sept.14 1832
Nov 9 1832.  P(crossed out)


456.1415

Jas Van Duzer
Albany

(ill legible)

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BRIEF in the case of Isaac W. Fryer of Guilderland
County of Albany in the State of New York
(Act 7 June, 1832.)
1.  Was the declaration made before a Court of a Judge? Before a Court
2.  If before a Judge, does it appear that the applicant is disabled by bodily infirmity?
3.  How old is he? Seventy years old
4.  State his service, as directed in the form annexed.
[TABLE]
Period: In 17__     Has been called out at different times and on various periods during the revolutionary [illegible]
Duration of Service: Years 1, Months -, Days -
Rank: As a private
Names of General and Field Officers under whom he served: Col. Abraham Cuyler [illegible]  Major Van Beuren  Capt. N. Joralemon
[END OF TABLE]

5. In what battles was he engaged? Not any
6.  Where did he reside when he entered the service? at Albany
7. Is his statement supported by living witnesses, by documentary proof, by traditionary evidence, by incidental evidence, or by the rolls? His tradition is supported by his belief of a Clergyman, and another citizen of respectability, whose credibility is supported by the Clerk of the Court. By living [illegible] as to the facts set forth is [illegible]
8.  Are the papers defective as to form or authentication? and if so, in what respect? [Illegible...] specified
Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
[Signature] Chas. G. Wilcox Examining Clerk.

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Power of Atty
In case 
of Isaac Fryer


Pension
NY-? 1832
  

Cole


Filed Jany 2 (ill legible)
By Ro. H. Gallagher

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State of New York
City of Albany
Isaac Fryer of said City being duly sworn says that he is the son and heir at Law of Isaac W. Fryer deceased of the town of Guilderland and County of Albany and State of New York who was a soldier in the war of the revolution declared by the United States in the year 1776. That the said Isaac W. Fryer in his life time made application to the government for his remuneration for his aforesaid services, and that no pay or compensation has been received by him either prior or subsequent to his death by him or his heirs at Law - That this deponent the son and heir at Law of said deceased does now through his attorney Nicholas Van Vranken respectfully requests that the Commissioner of Pensions examine and investigate the aforesaid claim - and if any money is due or to become due to this deponent that the same be paid to his aforesaid attorney.
And deponent further says that the said Isaac W. Fryer died in the said town of Guilderland in the County of Albany and State aforesaid on or about the 23rd day of December 1834 - and further deponent saith not. 
[signature]
Isaac Fryer +his mark

Susan [unclear]
this 11th Jany 1855
T. S, Van Hovenbergh

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State of New York 
City and County of Albany,Clerk's Office ) ss:
I,Robert Harper ,Clerk of the city and county, do hereby CERTIFY that TS Van Hoevenbergh whose 
name is. subscribed to the certification of Proof or Acknowledgment of the annexed instrument in writing, and endorsed thereon was, at the time of taking such 
Proof or Acknowledgment, a Commissioner of deeds in and for the city aforesaid, dwelling in the said, city and duly authorized to take the same; that I am well acquainted with the hand writing of the said Commissioner ,
,and verily believe that the signature to the said instrument is executed and and acknowledged according to the laws of the State of New York.

In Testimony Whereof,I have hereunto set my hand and affixed my official seal, this 
24th day of Jany  1852
   R. Harper clerk

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[Heading, crossed out - appears to read] Acts of July 14, 1862, and March 8, 1878.

[Stamped] REJECTED

3893 [possibly 3823]
P.O. Isaac W Fryer
Service:
Enlisted:___, 18__,
Discharged:___, 18__,
Application filed:__, 18__,
Alleges:__
Re-enlisted:__
Attorney:__
P.O.__
__ Recognized,  __ Contract,
__Cert. of Dis.  Searched for __, 18__.

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8491
New York
Revo
Isaac W Fryer
Rejected
Certd S. Jenkins  29
R. H. Gallaher Jany [January] 30 1855
3823
Act 7 June '32

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Rejected
Suspended Rev.
Pension Claim
Act of June 7 1832
Isaac W. Fryer New York
Power of Attorney to examine Claim
Chas C Tucker atty. Present

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Know All men by these Presents that I Isaac Fryer formerly Guilderland Albany County now of the City of Albany in said County do hereby constitute and appoint Charles C. Tucker of Washington D.C. my true and lawful agent and Attorney to prosecute the claim of Isaac W. Fryer deceased of Guilderland Albany County aforesaid for any amount of Revolutionary Pension or increase of pension that may be due under the provisions of the act of June 7th 1832 or any other acts or resolution of congress and I hereby authorize my said attorney to examine all papers and documents in relation to said claim now on file in the departments at Washington City or elsewhere to file additional evidence or arguments and to receive the certificate which may be opened for said claim and to appoint one or more substitutes under him for the purposes herein expressed: and to do all things that I might or could do were I personally present hereby satisfying and confirming all that my said Attorney may lawfully do in the premises.
Witness my hand and seal this 11th day of January 1855.

In presence of [signatures] R. D. Stephens 
Isaac Fryer X his mark

State of New York County of Albany: On this 11th day of January 1855 before me the undersigned com [continued next page]

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commissioner of deeds duly appointed to take oaths and acknowledgements in and for the said County and State, personally appeared Isaac Fryer and acknowledged the foregoing power of Attorney to by his act and deed for the purposes therein mentioned.

R. D. Stephens
Commissioner of Deeds
for Albany City

State of New York
County of Albany:
On this 11th day of January 1855 personally appeared before me a commissioner of deeds in and for the County and State aforesaid, Isaac Fryer a resident of said County and made oath according to the law that he is the identical Isaac Fryer who executed the foregoing Power of Attorney and that he is directly interested in said claim and makes this affidavit to be filed with such additional evidence or arguments as my said Attorney may use in prosecution said claim.

Sworn to and subscribed before me the date above written [signed] Isaac Fryer X his mark

R. D. Stephens
Commissioner of Deeds
for Albany City N.Y.

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State of New York,
City and County of Albany, Clerk's Office,
I, Robert Harper, Clerk of the said City and County, do hereby CERTIFY that R D Stephens, whose name is subscribed to the Certificate of Proof or Acknowledgement of the annexed instrument in writing, and endorsed thereon [added] and to the [illegible] of the annexed affidavit
was, at the time of taking such Proof or Acknowledgement [added] and affidavit,
a Commissioner of Deeds in and for the [County, crossed out] City aforesaid, dwelling in the said [County, crossed out] City, and duly authorized to take the same: And that I am well acquainted with the hand writing of the said Commissioner and verily believe that the signatures to the said Certificate of Proof or Acknowledgement[is, crossed out] are genuine; and that the said instrument is executed and acknowledged according to the laws of the State of New York.
In Testimony Whereof, I have hereunto set my hand and affixed my official seal, this 11th day of Jany [January] 1855.
R. Harper Clerk.

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Letter in regard to claim of Isaac Fryer to stay proceedings for the present
Cole
Isaac W. Fryer
N.Y. [?] 1832
Filed Jany 13/33 By R. H. Gallaher

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James L. Edwards Esq.
Commissioner of Pension
Washington City

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Sir
Yours acknowledging Friar [Fryer] papers was duly received. he Friar says that the only error that he can labor under is the year, that it was either in 1776 or 1777, that he served the time specified in his declaration. I at his suggestion mention this fact not having the means of knowing any thing about the matter further than his declarations, and the apparent candor with which he relates it. I do hope that something may be done for him.
Very Respectfully
hi
Your mo. obt. st.
Geo N. Middlebrook

J. L, Edwards, Esq.
Pokeepsie [Poughkeepsie] June 19, 1839

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In the matter of Isaac W. Fryer an applicant for a Pension under the act of Congress of June 7, 1832.
Additional Declaration

L. Jenkins, Esq.
Albany
N.Y.

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State of New York
City and County of Albany
Personally appeared this second day of July 1833 in open court before the Justices Court of the City of Albany now sitting Isaac W. Fryer a resident of the Town of Guilderland in the County of Albany and State of New York an applicant for a Pension under the act of congress of June 7th 1832 who being duly sworn doth depose and say that by reason of old age and the consequent [unclear - lapse?] 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:
In the year 1778, as I believe, I went into the service as a private in Capt. Nicholas Joralemon's Company of Militia, and marched from Albany to Fort Hunter and other places as stated in my original declaration, and remained in the service from the time we marched from Albany, until and were discharged at Fort Snell, a period not less three weeks.
In the year, as near as I can now recollect, 1779, I enlisted as a private or artificer in the Company commanded by Capt. Jacob Van Duzon, for the period of then months. I enlisted in the City of Albany. I went with my company to Wappinger's Creek, in Dutchess County, when we were stationed, sometimes in tents and some times in barns or farmer's [illegible]. We were frequently sent to Newburgh and other places on the river in the neighborhood on duty. It was in the month of May when I enlisted - and I was discharged

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the latter part of the month of December following. and I got home to Albany where I then resided on New Year's evening - having been five days on the road from the Town of Fishkill when I was discharged.
I served as a private or artificer in said Company, not less than seven months and a half.  We were a company of artificers, enlisted for that purpose, and whilst I was in the service we were engaged in building boats, batteaus and other vessels, for the United States. I recollect that Col. Hay had the principal command or direction of us and that Capt. Van Duzen was subject to said Col. Hay's order.
I do not recollect the names of any other officers. I recollect that one Nicholas Hallenbake was our foreman or principal workman under Capt. Van Duzen.
I also recollect a Major Young - but do not recollect what regiment he belonged to. I think he was Col. Hay's major.
[signed] I. W. Fryer

Sworn and subscribed in open Court, this 2nd day of July 1833
John G. Wasson Clk

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State of New York
Albany City
I personally appeared before the Justice Court of the City of Albany, James Hilton, of the said City, who being duly sworn in open Court deposeth & saith, I am well acquainted with the above named Isaac W. Fryer, and knew him well in the Revolutionary War. I was in the service with him in the Company of Artillery commanded by Capt Jacob Van Duzor. I went with him & the other persons belonging to said Company to Wappinger's Creek, where we remained, the principal part of the time we were in service engaged in building boats and other vessels for the United States. 
I enlisted at the same time that said Fryer did, and I was discharged at the same time, & as we both then resided in Albany, we returned home together.
I recollect Col. Hay & Major Young, and Nicholas Hallenbake on principal unknown a [illegible]
My recollection agrees with that of said Fryer that we were in the service as artificers not less than seven months and a half we enlisted for ten months. 
James Hilton
Sworn and duly judged in open Court this 2nd day of July 1833
John G. Wasson, Clk.

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following and
This certified that on the 2nd day of July 1833 personally appeared in the Justices Court of the City of Albany, the ... named Isaac W. Fryer and James Hilton, and made oath in due form of Law to the written declarations by them respectively subscribed. And it is further certified that the said James Hilton is a credible witness.
By order of the Court.
In witness, whereof the seal of the said Courts is hereto affixed the day & year above written.
John. G. Wasson, Clk.

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IW Fryer
L. Jenkins, Esq
Albany
N.Y.

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BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of Isaac W. Fryer which require further proof or explanation.
I. Does the declaration show where the applicant resides? Yes
II. Did the declarant make the declaration in the county where he resides? Yes
III. If the applicant did not make the declaration in the county where he resides, is there any reason assigned for his not doing so?
IV. Has the declarant mentioned the period or periods of war when he served? No
V. Has he mentioned with precision the length of his service, and the different grades in which he served, in language so definite as to enable the department to determine to what amount of pension he is entitled?
No, a detailed statement is required.
VI. Has he given the names of the officers under whom he served, in conformity with the regulation?
No
VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832? Yes
VIII. Has the Court given their opinion? Yes
IX. Has the Clerk given his certificate? Yes
X. Is the Clerk's seal affixed? And if so, has it a device or inscription by which it can be distinguished from any other seal? Yes

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XI. Has the applicant obtained the evidence of a clergyman and another respectable citizen as to their belief respecting his age and the general belief in his neighborhood relative to his revolutionary service? Yes
XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it?
XIII. If the applicant has no documentary evidence, and has not obtained the testimony of at least one living witness, has he stated in his declaration that such proof cannot be had?
No [crossed out]
XIV. If the applicant has produced a witness or witnesses as to his service, has the magistrate who administered the oath certified that he, she, or they are persons of credibility?
No
XV. Does it appear from any of the papers that the witness was in such a situation, or of such an age, as to have a personal knowledge of the applicant's service?
No
XVI. Are the papers authenticated as the regulations direct?
No [crossed out]
XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered?
No [crossed out]
EXPLANATORY NOTES.
QUERE V. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A.B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service, but according to the best of his recollection he served not less than the periods mentioned below, and in the following grades: For ----- year ------ months and ----- days, I served as a ---------. For ------ months and ------ days, I served as a -------; and for such I claim a pension."

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It is important in all cases to determine with precision the period for which the applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months is too indefinite, and all such qualifying expressions are objectionable.
QUERE XIV. Proof of Service.
In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses, who are required to set forth in their affidavits the time of the claimants entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the affidavits must be properly authenticated, as above directed.
QUERE XVI. Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticated the papers is not written on the same sheet of paper which contains the affidavit, or other paper authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the end of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.

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WRIGHT, [crossed out] & VAN VRANKEN
Attorneys and Counsellors at Law,
Office 442 Broadway,
Opposite the Mechanics' and Farmers' Bank
DEODATUS WRIGHT.
[crossed out]
N. VAN VRANKEN.
ALBANY.

Albany, Jany 11. 1855.

Dr Sir.
James Fannan Esqr called upon me & desired me to inform you of a Revolutionary Claim which Isaac Fryer is Entitled to. On this day Isaac Fryer executed to one C.R. Lee, a power of attorney. This Lee was a stranger to Fryer but by his glib tongue & representing that he could get a large sum of money for Fryer & induced him (Fryer) to execute such an instrument. Since that time Mr. Fryer has given a Revocation of said power & also issued new letter of Atty to me. Mr Fannin is the person interested in the matter & he desires that you do what you can in the matter & also call at the pension office & see that no action be had under any power he may have or present. I have the only Power of Attorney that the above Isaac Fryer

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intends to grant of being entirely unacquainted with this business I soliced the aid of Mr Fannan & he refered me to you. If it should be necessary to know what paper I have conferring upon me power in the matter I will send them to you if you desire it. 
This Isaac Fryer who gave me the letter of atty is the only son of one Isaac W. Fryer who was a Revolutionary Soldier.
The only object in this communicating first to stop any action under the power heretofore granted to C.R. Lee & also to request that you examine for certain the state of this claim. The dec'd died in Guilderland Albany Co. N.Y. Dec 23 1834 leaving this son. Please attend to this & give me a statement of the claim & I will further communicate, any papers or information you want please let me know & you shall be compensated amply for your services.
Yours Truly,
N. Van Vranken