Revolutionary War Pension and Bounty Land Warrant Application File R. 2,870, Isaac Demott, New York

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(8-1776)
SERVICE
New York
Demott, Isaac
NUMBER
R. 2870
CONTENTS

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Isaac Demott
13.180

Service by substitute does not entitle him who substitutes to the benefits of the act of June 7 1832

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[illegible] New York
Orange County -  On this first day of September 1832 personally appeared before me Gilbert Ogden Fowler one of the judges of the Court of Common Pleas in and for the County of Orange at the office of Walter Case Esquire Counselor at Law in the village of Newburgh and County of Orange aforesaid Issac Demott aged Eighty nine years, resident & citizen of New York, who having been by me duly sworn doth for the purpose obtaining the benefit of the act of congress passed June 7th 1832 make the following declaration.
     In the month of June in the year one thousand seven hundred and seventy six he joined Capt. Samual Clark's company of Militia of the Town of New Burgh County of Orange and State aforesaid of which company Cornelius Washwick were lieutenant.  Deponant enlisted in said company for a tern of five months and provided a substitute by the name of Stephen Albertson to serve for him.  Albertson served as a substitute for deponant in said company against the common (?) six months said company not having been called until after the end of that term said substitute was ordered into actual service under the command of the officers aforesaid in the month of July therein after and was in the battle on Long Isle and in the battle first of the month of August and in the battle of Kingsbridge and White Plains as deponent was informed shortly afterward and believes to be true.  The said substitute together with the company to which he belonged were discharged at Nichols Point in the Town of New Windsor on the first day of January in the year one thousand seven hundred and seventy seven having served one month longer than the term for which he enlisted.  The said Stephen Albertson is dead as before

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deponent has been informed and believes to be true in the month of October 1777 deponent was ordered down to Fort Montgomery with the said comapny of Captain Samual Clark and arrived there just after the termination of said battle.  General George Clinton who had command of the fort sent out an adjutant who had deserted from the army with orders to retreat which they did.  We went to West Point by land and from there to New Windsor by water.  In the month of September in the year one thousand seven hundred and seventy eight deponent was again ordered out with said company of Captain Samuael Clark to Mamakatin(?) on the Indian frontier and served there one month.  William Mitchell whose affidavit is annexed belonged to said company and served the same length of time deponent served.  During said tour a detachment of our men went about sixty miles in pursuit of a party of Indians who had killed a Lieutenant Graham and tow other minutemen.  They took a number of prisoners and brought them (?).  In the year 1779 deponent was ordered to (?) on the Indian frontier near Dewitt.  Lieutenant Martin Weygant commanded the party, deponent cannot now recollect who were in the company with him at that time.  Sometime afterward (but by reason of extreme old age he cannot remember precisely the time when) he served in the said company of Captain Samuel Clark on which one (?) was lieutenant one month (?) Town of New Burgh against the Tories as (?) had been robbed by the Tories and we kept guard at the house afterwards we sent out a man and sent him to Fort

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fort in the regiment of Colonel Wisenvelt nine months and until the termination of the Revolutionary War and deponent also saith that the name of said substitute last mention was John Ros who has been many years dead and deponent further saith that notwithstanding that he furnished the sustitutes aforesaid he took his regular tours of duty with the Militia whenever called on the particular times of which service he cannot now particularly relate by reason of the frailty of his memory and mental disability.  And he also saith that he has no written discharge & never received any nor has he any other evidence except the affidavits hereunto annexed and deponent also saith that Samuel Holmes of the Town of New Burgh a clergyman and General Leonard Smith are well acquainted with this deponent and testify to his character and verasity, and service as a soldier on the Revolution.  
     And deponent who saith that he is verydeaf and slmost blind and so (?) with old age that he will not be able to attend at thenext session of the Court of Common Pleas to be held in and for the County of Orange or any court of record in said County at any time or term hereafter.
     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.

                                     Isaac   X  Demott
                                           his mark

Sworn to and subscribed on the day and year aforesaid
Gilbert Ogden Fowler, one of the Judges of the Court of Common Pleas in and for Orange County.

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nent has been informed and believes to be true to the 
State of New York Orange County ss}
In answer to the questions [illegible ally] just to the said Isaac by me the said Gilbert Ogden Fowler he saith that he was born at South Hemstead on Long Island in the year one thousand seven hundred and forty three that when he had arrived to the age of five or six years he removed to the Town of New Burgh in the county of Ulster then now county of Orange. That he has no record of his age. That he lived in said Town of New Burgh when called into the service as aforesaid and entered the service as a militiaman and was ordered out with said company and detachments of the same that he has allready stated the names of all the officers and all the regiments he was [illegible, illegible] that he never received a discharge in writing. That he is acquainted with William Mitchell of the town of New Burgh who was in the service with him and also David Perry who served in the revolutionary war whose affidavits are annexed and who can testify as to deponents character for veracity and the belief of his service as a soldier of the Revolution.
Sworn to and subscribed the day and year aforesaid September five 1832. Before me Gilbert Ogden Fowler one of the Judges of the Court of Common Pleas in and for Orange County
Isaac Demott (his X mark)

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Orange County ss Personally appeared before me Gilbert Ogden Fowler one of the the Judges of the Court of Common Please in and for the County of Orange aforesaid William Mititint to me personally known to be visible witness who been first duly sworn according to Law doth depose and say that he is well acquainted with Isaac Demott in the annexed affidavit named that he has heard the affidavit of the said Isaac [Illegible} unto annexed seat and that all that part of the affidavit of the said Isaac which related to his service at Mamakating in the Revolutionary War is true and the residence of the affidavit of the said Isaac he believes to be true and that in attests to the service particularly set the said affidavit of the said Isaac the said Isaac served three weeks on the shore of the North River which is not mentioned in his affidavit that the said Isaac is very old and infirm + his recollection is greatly impaired + deponent free ther saith that he lived in the same Neighborhood with the said Isaac Throughout the Revolutionary war and well known that said Isaac turned out on every alarm and took regular tour of duty on guard and in detachments whenever called on throughout the war and further deponent saith not.

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Sworn to and Subscribed this first day of September 1832 before me Gilbert Ogden Fowler one of the Judges of the Court of Common Pleas in and for Orange County   William Mitchell
I Gilbert Ogden Fowler a Judge of the Court of Common Pleas in and for the County of Orange Where the declarant resided do hereby certify that the above named Isaac Demott will be reason of old age and bodily infirmittied be unable to attend the next Court of Common Pleas or any other Court of record to be held in and for the county aforesaid I have therefore attended at the office of Walter Case Esquire in the Village New Burgh where the said Isaac attended before me and having heard the proofs and allegations of the said Isaac his answer to the interrogations required by the Secretary of war to be specially put and the affidavits hereunto annexed do hereby declare my opinion that the above named applicant was a Revolutionary Soldier + served as such and also that he will not be able to attend the next Court of Common Pleas or any other Court of record to be held in said county and I also certify that he appeared to me that Daniel Holmes who has signed the annexed certificate is a clergyman resident in the Town of New Burgh and that William Mitchell who has also signed the same is a resident in said Town and is a credible person and that their statement is entitled to [illegible] September 19th 1832. 
Gilbert Ogden Fowler
Isaac Demott

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Asa Dunning clerk of the Court of Common Pleas in and for the County of Orange aforesaid do hereby certify that Gilbert Ogden Fowler who signed the proceeding certificate and before whom the proceeding affidavits of Isaac Demott & William Mitchell & the affidavit of Daniel Holmes and William Mitchell were respectively sworn and subscribed was at the respective times when said affidavits were sworn to as aforesaid and certificate subscribed a judge of said court and still is a judge of the same and that the said court Is a court of record and that the signature of Gilbert Ogden Fowler and scribed to said certificate and affidavits respectively as the genuine signature of said Judge.
In testimony whereof I have pursuant set my hand and seal of office this 22 day of September 1832
Asa Dunning

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13.180
Isaac Demott
Orange Co N York
Rejected
service not sufficient to entitle applicant to a pension.


Walter Cole

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BRIEF in the case of Isaac Demott
of Newburgh Orange Co in the State of New York
(Act 7th June, 1832.)
1. Was the declaration made before a Court or a Judge? A judge
2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity? Yes.
3. How old is he? 89 years.
4. State his service, as directed in the form annexed.
[Chart Headings] Period. | Duration of Service. | Rank. | Names of General and Field Officers under whom he served.
[second line of headings] [blank] | Years, Months, Days | As a | Gen. Geo. Clinton
June In 1776. | 6 Months by substitute | private | Captain Samuel Clark
1777. | 1 month | private | Captain Samuel Clark
Sept 1778 | 1 month | private | Captain Samuel Clark
1779 | 1 month | private | Captain Samuel Clark
hired a substitute | for 9 months | private | Col Wisenvelt
5. In what battles was he engaged?
6. Where did he reside when he entered the service? Newburg Orange Co. N.Y.
7. Is his statement supported by living witnesses, by documentary proof, by traditionary evidence, by incidental evidence, or by the rolls? By living witnesses 
8. Are the papers defective as to form or authentication? and if so, in what respect? ["Correct" Crossed out] Papers not attach - or [illegible]
Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
Richard Cutts
Examining Clerk.

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Isaac Demott
New York
Act 7th June 1832
Rejected. See letter to W. Case
May 8th 1833
2872

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[stamp] REJECTED
Acts of July 14, [ineligible]
2870
PO
Isaac Demott
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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Isaac Demott

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BRIEF objections to the admission of Pension Claims, of which these answered in the negative, in red ink, will apply to the claim of
Isaac Dermott 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 the 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", is crossed out] Applicant states he hired substitutes the 6 & 9 mo's terms - The other services do not amount to six months, of course
the applicant not entitled to the provisions of the act of June 7. 1832.

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

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

XIV. +If the applicant's name is not found on the rolls of military service, has he produced a witness or witnesses as to his service? Yes
If he has produced direct proof as to service, has the magistrate who administered the oath, certified to the credibility of the Witness or witnesses? Yes
Has the proper officer certified to the official character and signature of the magistrate as the regulations direct? Yes

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? Yes

XVI. ++Are the papers authenticated as the regulations direct? No

XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered?

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 service I claim a pension.

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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 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 shewn under what officers 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 net or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
+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 official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
++QUERE XVI. Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates 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 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.
→In every case where the clerk of the court, or other certifying officer, 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.