Revolutionary War Pension and Bounty Land Warrant Application File S. 23,068, Seth Whitney, New York

SERVICE
NUMBER
New York
Whitney, Seth
S 23068
CONTENTS

Albany 31,533
Seth Whitney
of Delaware Co. in the State of N. York who was a Sergeant in the company commanded by Captain Read of the Reg't. commanded by Col. Lamb. in the N. York line for
Inscribed on the Roll of Albany at the rate of 26 Dollars 67 Cents per annum, to commence on the 14th day of March, 1831.
Certificate of Pension issued the 3 rd day of Oct. 1838 and sent to Sec. War with a Report.
Arrears to the 14th of Sept. '38 200.02
Semi-ant. allowance ending 4 Mch. '39. 18.33
$218.35
{ Revolutionary Claim, { Act June 7, 1832.
28. June 1838
Recorded by D. Brown
Clerk
Book E. 2. Vol. 4 Page 82

Seth Whitney
In Vol 2 p 26. James H. Dugg in Capt Daniel Williams Company - $48.21
Col Salton
Capt Reed
Bundle 7- No. 1 enlisted for war 22 Jany 83-
Bundle 7. No. 12 - Deserted 18 may 1783
E. Root
Whitney

State of New York Delaware County } ss.
On this 19 th day of June 1833 personally appeared in open court before the judges of the court of common pleas now sitting in and for the said county of Delaware, Seth Whitney a resi- dent of the town of Delhi in said county of Delaware and state of New York, aged seventy three years, who being first duly sworn according to law doth on his oath make the following declaration in order to obtain the benefit of provision made by the act of Congress passed June 7 th 1832.
That he entered the service of the United States under the following named officers and served as herein stated.
That he enlisted in the army of the United States in the year one thousand seven hundred and eighty one to wit, he first enlisted into a company of New York mi- litia commanded by Captain Daniel Williams on the first day of April one thousand seven hundred and eighty one. He then resided in the town of Fredericktown in the county of Dutchess & state of New York and on that day and in that town he enlisted into said com- pany for nine months. Capt. Williams's company was then under the command of Major Ben- schanten who was present at his enlistment. Whether the said company was then attached to a colonel's command he cannot say. Within some few weeks afterwards it was attached to Col. Sheldon's regi- ment & served as infantry under his command. Afterwards & during the said nine months, the said com- pany still commanded by Capt. Williams was attached to Col. Scamrull's regiment  brigade of infantry. - He, the
9

enlistment, served in said Capt. Williams company as a private for the full term of his enlistment and was discharged by said Major for Bouscanton, at a place called in Westchester county, N.Y. Nights-plains, on the first day of January 1802. He has lost his discharge. During this term of service he was in some skirmishes but in no regular or hard fought battle.
In the month of October 1782 in the forepart of that month & certainly as early as the 10th day thereof he enlisted into the Army of the United States for during the war. His enlistment was in a company commanded by Capt. Reed. Lieutenant Peter Schalls was the recruiting officer and the a man by the name of Smith was the orderly sergeant. Capt. Reed's said company was attached to a regiment of artillery commanded by Col. Lamb. The lieut. Col. was Stevens & the Major was Bouscanton. The regiment was stationed at West-point. The defendant was in service there & out on fatigue parties during the time of his said last mentioned enlistment till his discharge. He was discharged at West-point in the month of June 1803 & he thinks in the latter part of the month. Col. Stevens handed him his discharge but it is lost. He is confident that he served
under this enlistment at least eight months. He served as a private during the whole of this term - was in no battle during this term - was employed in garrison duty & on fatigue parties.
He hereby relinquishes every claim 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.
Sworn to and subscribed the day and year aforesaid
During his first mentioned service he was engaged in Westchester county almost exclusively, in marches, scouting parties, guarding the lines, foraging parties. He was in a party detached to pursue & capture

decided who had fled to Dutchess county - During the whole time under both enlistments, he was not employed in any civil pursuit. He has no documentary evidence to prove his said services except the depositions of Issachar Robinson & Thomas Gregory herunto annexed. He knows of no other persons living by whom he could prove any part of his said services.
He was born in Danbury in Connecticut on the 27 th of September 1759 - He has no record of his age his name was registered in his father's bible which was taken by his sister - He believes his birth was registered in the town clerk's office of his native town.
He was living in Fredericktown in the county of Dutchess, N.Y. at the time of both his aforesaid enlistments - After he left the service at the close of the war he lived in Stephentown in the county of West Chester N.Y. till about the year 1797 when he removed to the place of his present residence, then in Middletown now, by a division & alteration of towns, in the town of Deerpark county of Ulster N.Y.
He states the names of Brant Root and Martin Root in his present neighborhood to whom he is known, and who can testify as to his character for veracity & their belief of his services as a soldier of the revolution.
He hereby relinquishes every claim 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.
Sworn to and subscribed } the day and year aforesaid } in open Court
Seth his  his Whitney mark:
6 B Sheldon Clerk

Declarations. We Matthew Halcott & John Beadle Jr. both residing in the town of Middletown hereby certify that we are well acquainted with Issachar Robinson who has subscribed & sworn to the above declaration. That we believe him to be seventy two years of age; that he is respected and beloved in the neighborhood where he resides to have been a soldier of the revolution, and that we concur in that opinion.
Sworn & subscribed in open court the day & year aforesaid — Matthew Halcott John Beadle
Declarations. We Erastus Root of the town of Berlin & Martin Keller of Hart- right in said county hereby certify that we are well acquainted with Seth Whitney who has subscribed & sworn to the above declaration. That we believe him to be seventy three years of age; that he is respected & beloved in the neighborhood where he resides to have been a soldier of the revolution and that we concur in that opinion.
Sworn & subscribed in open court the day and year aforesaid Erastus Root, Martin Keller G B Sheldon Clerk
And the said Court do hereby declare their opinion after the investigation of the matter and after putting the interrogatories presented by the War Department that the above named applicant was a revolutionary — Soldier and Servant as he states & the court further certify that it appears to them that Erastus Root and Martin Keller — residents of the said County aforesaid are credible persons — and that their statements are entitled to credit

State of New York } Delaware County } ss.
Thomas Gregory of the town of Andes in said county aged eighty years, being duly sworn doth depose and say that in the year 1702 he resided in the town of Fredericktown in the county of Dutchess and was well acquainted with Seth Whitney then residing in said town. He knows that the said Whitney did, in the fall of the year 1702, he believes it was in the month of October, enlist in to the army of the United States for serving the war, under Lieutenant Phelps who was then a recruiting officer. He knows the fact the more particularly from the circumstance that said Phelps, wife & family then lived in this deponent's home in said town. This deponent understood & believes that said Whitney joined the army at west-point & served in Col. Lamb's regiment till he was discharged at the close of the war.
Sworn this 19 th day of June 1833 before me. & I certify that the deponent is a man of credibility.
E B Washburn Justice of the peace
Thomas Gregory

State of New York
Delaware County ss.
I Crawford B. Sheldon Clerk of the said County do hereby certify that Ebene- zer B. Washburn Esquire before whom the within affidavit purports to have been sworn, was at the date of the same a Justice of the Peace in and for the said County
and that I am well acquainted with the handwriting of the said Justice and verily believe his name subscribed to the within affidavit and certificate to be his proper handwriting and signature
In testimony whereof I have hereunto set my hand and seal of office this 19th day of June 1833
C. B. Sheldon Clerk

State of New York Schoharie County } ss.
Isaac Robinson of the town aged sixty two years of Middletown in said county, being duly sworn vouch before me & say, that is well acquainted with Leah Whitney now of the town of Delhi in said coun- ty & was well acquainted with him in the town of Fredericktown in the county of Dutchess in the year 1781 & knew him to be in the militia service in that year, but how long he served he cannot say nor does he recollect his commander as his assignment was not in the same corps. - In the early part of October 1782, certainly as early as the 10 th of that month, the said Whitney enlisted at the same time with the de- ponent into the United States Army for during the war & was attached to Capt. Ruds company in Col. Lamb's regiment of Artillery & served therein until discharged in the latter part of June one thousand seven hundred & eighty three.
Sworn this 19 th June 1833 Before me. & I certify that I am acquainted with the Deponent & that he is a man of credibility
his Isaac Robinson Mark
Matthew Hallock J.P.

State of New York
County of Delaware ss. I Crawford B. Sheldon Clerk of the County of Delaware do certify that Matthew Halcott Esquire before whom the within affidavit purports to have been Sworn, was at the date of the same one of the Justices of the Peace in and for the said County. And
that I am well acquainted with the handwriting of the said Justice and verily believe his name subscribed to the said affidavit and Certificate to be his proper hand writing and sign- ature — In testimony whereof I have hereunto set my hand and Seal of Office this 19 th day of June 1833. C B Sheldon Clerk.

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 Brewster Root who has signed the preceding certificate is a resident of the town of Redhi in said county of Delaware and is a credible person and that Martin Keeler who has also signed the same is a resident of the town of Kirtland in said county & is a credible person and that their statement is entitled to credit.
I Crawford B Sheldon of the Court of Common Pleas in and for the County of Delaware do hereby certify that the foregoing contains the original proceedings of the said court, in the matter of the application of Seth Whitney for a Pension - In testimony whereof I have hereunto my hand and Seal of office this 19 th day of June 1833
C B Sheldon Clerk
copy of original - Re. this

28. 246 Seth Whitney (N. York)
apt 82 nelson war - 22 Jany 83 resided 18 May 83
Rejected
No. E. Root Delhi. (N.Y.)

WAR DEPARTMENT,
Pension Office,
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 a 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 shew what is necessary to be done. Those points to which your attention is more particularly directed, 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, shewing the Service of Seth Whitney
   Period when the service was rendered. Duration of the claimant's service. 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.   Years. Months. Days.     1780 9 P. Cap. Daniel Villers Major V. Bouscotier   82 8 P. and Capt Reed Col. Lamb  
No engagement was made to serve in the Militia for long a period as nine months, excepting as minute men. If he served as such, he should set forth the time that he was in actual service . The time I am, respectfully, in which he bet. him Your obedient servant, self in reading the same when J. L. EDWARDS, called upon cannot be computed. Commissioner of Pensions.

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 } ss. County of } On this day of personally appeared (a) before A. B. a resident (b) 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 rule 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 in the comparison of his narrative with the events of the period of his

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 traditional 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.
[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 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 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 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.
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.
[k] The notes from [a] to [j] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule 1a note [j] applies to continental troops only.
[l] This traditional evidence is indispensable in militia cases.
[m] If a witness cannot be found, the declarant must state the fact.
[n] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.

11, H 87
P. O. Seth Whitney
Service: _____
Enlisted: _____, 18 .
Discharged: _____, 18 .
REJECTED
Application filed: _____, 18 .
Alleges: _____

Wm F. Grange.
Apr 6, 183
at
Rec. Vol. 38. pa 2

In the case of category received Seth Whitney the rolls of the New York levies for 81, shew that he served 7 mo & 11 days and the rolls of Reids Company in Lamb's Regt. for 83 also lately obtained shew that he enlisted 22 Jany '83 for the war and deserted on 18 May '83 - By this act he forfeited all claim to the bounty of Act of Jany 32 for previous service - If you should still wish to have his papers they will be copied for you as the originals must by our rules remain in the Office
Hon. Francis Grady Ho. Rep.
(Last part of letter dated Pension Office Apr 6. 36 - first part in Daniel McKinney Pg 6763)

Act 7. June 1832
Seth Whitney
Rejected
Suspended
11487
See letter to
E. Root.
10. March 1834
See let to Hon N
Johnson Age 9 34
let to Hon F. Granger apl
6. 1836. Copies of paper sent to
Hud Klemensmike Jr, May 2. 1836.

Revolutions
23068
INVALID.
File No. 23, 758
Seth Whitney Serg Rev War
Act: June 7 th 82 nd
Index:—Vol. 2 , Page 447
[Arrangement of 1870.]

Washington City April 25 th 1836.
Hon. J. L. Edwards
Sir
Please transmit to me a copy of the Petition and Papers of Seth Whitney on file in the War Department, as soon as convenient to have them copied, and oblige.
Yours Very respectfully J. Klingensmith Jr.

HR 309
SETH WHITNEY.
[To accompany bill H. R. No. 309.]
————— JANUARY 4, 1838. —————
Mr. FRY, from the Committee on Revolutionary Pensions, made the following
REPORT :
The Committee on Revolutionary Pensions, to whom was referred the petition of Seth Whitney, asking for a pension, beg leave to report :
That, upon an examination of petitioner's declaration, he alleges to have been born at Danbury, Connecticut, in 1759 ; that he subsequently removed to New York ; that in October, 1782, in the beginning of that month, he enlisted in the army of the United States, for during the war, under Captain Read ; Lieutenant Peter Nessals, the recruiting officer, and — Smith, orderly sergeant ; being attached to a regiment commanded by Colonel Lamb, Lieutenant Colonel Stevens, and Major Bowman ; the said regiment was stationed at West Point, performed service there, and was frequently out on "fatigue" parties until his discharge, which took place at West Point in June, 1783, the latter part of the month. He alleges to have received a discharge, which he has lost. In this service he was engaged for eight months as a private ; was in no battle during this term of service, but employed in garrison duty and "fatigue" parties.
The petitioner alleges to have performed various other tours of duty upon enlistment ; but as that part of his declaration is unsupported by any testimony, the committee think it not necessary further to advert to it. In support of the above service of eight months, is the testimony of Erastus Root and Martin Keeler, of the town of Delhi, Delaware county, New York, being the residence of the petitioner, who say that he is reputed, and believed in the neighborhood, to have been a soldier of the Revolution, and to have served as he states.
Thomas Gregory testifies that he is eighty years old ; that he knew the petitioner in 1782 ; that said petitioner enlisted in October of that year, in the army of the United States, for during the war, under Lieutenant Nessals ; said Nessals then lived, with his family, in deponent's house ; and that he believes said petitioner served at West Point to the end of the war.
Issachar Robinson testifies that he is seventy-two years of age ; that he was acquainted with the petitioner in 1781, and that he served in the militia that year ; does not know how long ; deponent did not belong to the same corps. He further states that the petitioner, with deponent, about the
Thomas Allen, print.

10th of October, 1782, enlisted in the United States army for during the war, and was attached to Captain Read's company, in Colonel Lamb's regiment of artillery, and served therein until the latter part of June, 1783.
By the above testimony, the services mentioned in the petition, amounting to eight months, are clearly proved ; the committee, therefore, report a bill.

Petition of Seth Whitney, a revolutionary soldier, asking to be placed upon the pension list.
Mr. Granger
Comm. on Rev. pensions.
April 11 1836
Ref to the committee on Revolutionary Pensions
June 17. 1836 - Bill No 705
Dec. 11 1837 Ref to the Com. on Rev. Pensions -
Jan. 4. 1838 - Bill No 309
Granger 34 Rev Pen

War Department Pension Office April 19. 1834
Sir
The explanatory deposition of Seth Whitney has been examined and is not satisfactory. The allegation of having served 8 months in Lamb's reg t under an enlistment for the War is so strongly discredited by the rolls and the final settlements, that it throws a distrust over the accuracy of the other term of his alleged service - That term (9 months) does not correspond with the militia terms of service and it cannot be ascertained from his papers that he belonged to the state troops or the line of New York in which such long terms of service were rendered. In reply to the enquiring respecting the case of - Hamburgh, I have the honor to state that the register shows that the papers of John Hamburgh have been received & numbered 29.589, - agreeably to order of the Hon Secretary prescribing the course of our business it will be taken up in its turn among original cases rec d by mail - I herewith return the letter of Genl Root.
I have the honor to be Hon A Johnson Very respectfully Your ob d Serv t House of Representatives J. G. Edwards

Isaachar Robinson's Affidavit

Re. 21 May 1830
State of New York } Delaware County }
I Issachar Robinson of the Town of Middletown in the County of Delaware, and State aforesaid, a Revolutionary Soldier - being duly sworn according to Law; do depose and say, that in the time of the Revolutionary War; a Recruiting officer by the name and appellation of Capt. Nestle, came in to Dutchess County, and State aforesaid; for the purpose of Recruiting Soldiers for the American Army; and that the said Capt. Nestle, took up his lodgings at Thomas Gregory's, a half Brother of this Deponent, and during his tarry at the aforesaid Gregory's, he the said Nestle employ d , the aforesaid Thomas Gregory as an assistant in the Recruiting Service; and that the aforesaid Gregory Enlisted this Deponent; and one Seth Whitney, for and during the War; and that this Deponent and the aforesaid Whitney, were enrolled in Capt. Jacob Reeds Company in Col. John Lamb's Regiment of New York Artillery, on the Continental establishment, and that this Deponent and the aforesaid Seth Whitney were both enlisted for and during the War and served in Capt. Jacob Reeds Company untill the close of the same; when this Deponent and the aforesaid Whitney were Discharged about the same time, from the aforesaid Capt. Jacob Reeds Company, and Col. John Lamb's Artillery then at West Point in the State of New York; and that this Deponent cannot be mistaken about the Matter above stated, as he was intimately acquainted with the said Seth Whitney during the whole period of their Service, and his acquaintance with him has extended to the present time, and that the aforesaid Seth Whitney now resides in the County of Delaware; Town of Delhi State aforesaid - and further this Deponent saith not - in witness whereof I have hereunto set my hand
Issachar Robinson
* The words within him was entered by my oath
Administered - John Beadle J.P.

State of New York Delaware County ss
Be it known on this 5 th day of May In the year of our Lord 1830. Personally appeared before The Subscriber a Justice of the peace in and for the County Aforesaid Isachar Robenson of the Town of Middleton and County Aforesaid, well known to me to be a person of Respectab- ility and truth and Made solemn Oath to the truth of the Deposition by him subscribed - Given under My hand this Fifth day of May 1830
John Beadle ss Justice of the peace
Delaware County ss Clerks Office ss
I Crawford B Sheldon clerk of the County of Delaware Do hereby certify that John Beadle Esquire before whom the above affidavit was taken, was at the time a Justice of the Peace in and for said County and duly sworn. In testimony whereof I have hereunto set my hand and affixed the seal of the County aforesaid this 8 th day of May 1830. Crawford B Sheldon clerk

Sept 22
Sh-
Sett. Whitney
Sh-ad
Ans. Sep. 6. 22. 1838.
James Davenport Esq.
Com te of Pensions
Washington

Sir,
Redhi, N.Y. 10 Sept. 1838
By a special act of Congress approved the 20 th June 1830 the Sec'y of War was required to place the name of Seth Whitney of Ulster of Redhi in the county of Redhi in the state of New York on the roll of revolutionary pensioners - You are requested to forward the necessary certificate - I suppose that will emanate the agency where pension, tho' I have never seen one under a special act of Congress. - Yours &c
Ebenezer D. Root
James Edwards Esq. Cam. Re -

Sir,
Delhi, N. Y. 10 Feb. 1834
The case of Seth Whitney I sent you in Aug. 3 last. - A few weeks since it was returned with objections - I have compared the objections, (which are herewith included) and I must confess I cannot discover their aptitude to the case presented - The objections begin "No engagements were made to serve in the militia for (so) long a time as nine months excepting as minute men" - He states the fact positively that he enlisted under Captain Williams on the 1 st April & was discharged on the first of January following. He does not state what sort of a company it was "a company of New York militia" - That is, they were state troops & were attached to the U. S. Army while under Col. Sheldon & then under Col. Scon. - The objecting further states "If he served as such (as a minuteman) he should set forth the time that he was in actual service " I think he has set forth that time with precision - He sets forth that he "served in said Capt. Williams' company as a private for the full term of his enlistment and was discharged by said Major Van Benschoten at a place called Haverstplains in Westchester county N. Y. on the first day of January 1782. He has lost his discharge."
I observe, underscored with a pencil, probably done in your office, the words "Dutches in the state of New York" as much as to say, suspicion rests upon it - True, you cannot now discover in the map of New York in the county of Dutch-

of any such town as Fredericktown - In the time of the revolution it could be found, tho' then rather an uncomfortable residence for Tories - It is now, at least that part of it where Whitney resided, called Patterson, & is in the county of Putnam - This county about 20 years ago was taken from Dutchess. -
Mr. Whitney makes a supplemental aff + or declaration. This, with with the other papers I return, in the hope that the objections are obviated
There is 8 months in the U. S. service to which you make no objection -
Yours obed t Serv t
Erastus Root
Genl. L. Desandrade -
Genl. L. A. Folger Pension Office Washington

Seth Whitney

Pir 100
25th CONGRESS, 2d Session.
H. R. 309.
JANUARY 4, 1838.
Read twice, and committed to a Committee of the Whole House to-morrow.
Mr. Fry, from the Committee on Revolutionary Pensions, reported the following bill:
An Act
A BILL
Granting a pension to Seth Whitney, of Delaware county, New York.
1 Be it enacted by the Senate and House of Representatives 2 of the United States of America in Congress assembled, That 3 the Secretary of War be required to place the name of Seth 4 Whitney, of the town of Delhi, in the county of Delaware and 5 State of New York, upon the roll of revolutionary pensions, 6 and pay him twenty-six dollars and sixty-seven cents per an- 7 num during life, to commence and take effect from and after 8 the fourth of March, eighteen hundred and thirty-one.
Approved, June 28 th 1838. A true copy compared with the Roll in this Office.
Dept. of State, June 30 th 1838.
H. Hall Chief Clerk

CW Ref
#
11,487

Seth Whitney - N. York line -
Rob-
New York
See Mr Hobbie's letter received.
26 Sept 1829 filed Miscellaneous letters
No. 756
See Register of letters No 1861
Ref. File No 11,487 OK
Evidence insufficient act 1825.

REVOLUTIONARY CLAIMS.
TREASURY DEPARTMENT,
28 Feb 1829
Seth Whitney of _____ in the County of Delaware in the State of New York - has applied to the Secretary of the Treasury for the benefits of the act, entitled "An Act for the relief of certain surviving officers and soldiers of the Revolution," approved the 15th of May, 1828. He states that he enlisted in the Continental line of the army of the Revolution, for and during the war, and continued until its termination, at which period he was a Private in captain Reed's company, in Col Lamb's regiment of the New York line; and that he received a certificate for the reward of eighty dollars, provided by the resolve of the 15th of May, 1778; and further, that he was not on the 15th day of May, 1828, on the pension list of the United States, and that he has received as a pensioner since the 3d of March, 1826, nothing
The Third Auditor is requested to report how far the several statements are corroborated by the records in his office.
By order of the Secretary F. H. Dickinson.
TREASURY DEPARTMENT,
THIRD AUDITOR'S OFFICE,
9 th March 1829
It appears by the records in this office, that a certificate for the reward of eighty dollars has been issued to _____ in the _____
It further appears that Seth Whitney is now on the pension list of the _____ agency, and has been so since the 3 rd March 1826 at the rate of _____ dollars per month.
The name of Seth Whitney cannot be found among those of Col Lamb's Artillery, to whom Certificates for the gratuity of Eighty Dollars were issued -
John Hagner And

✓ War Depart:
Bounty Land Office
The records of this office do not show that S th Whitney as a soldier of Lamb's artillery N. York line ever received or is entitled to bounty land of the United States
Robert Taylor
28 Apr. 1829.

Seth Whitney for a Pension

For the purpose of obtaining the benefits of the act entitled "An act for the relief of certain surviving officers and soldiers of the Army of the Revolution" approved 15th May 1828. I Seth Whitney of Delhi in the county of Delaware in the State of New York Do hereby declare that I enlisted in the continental Line of the Army of the revolution for and during the war continued in its service until its termination at which period I was a private in Captain Pecks company in Col. Lamb's Regiment of Artillery of the New York Line - I further declare that I afterwards did not receive, nor have I any knowledge of, certificates for the sum of Eighty Dollars to which I was entitled under a resolve of Congress passed the 15th. of May 1778 - I further declare that I was not on the fifteenth day of May 1828 on the pension list of the United States -
Witness my hand this 9th day of February in the year One thousand eight hundred and twenty nine. Seth Whitney mark Witness Samuel Gordon
Before me Nehemiah Gregory a Justice of the Peace in the county of Delaware and State of New York personally appeared this day Schuel Guyary and Paul McNeil of the said county who did severally make oath that Seth Whitney by whom the foregoing declaration was subscribed is generally reputed and believed to have been a soldier in the army of the Revolution in manner as therein stated.
Witness my hand this 9th day of February in the year One thousand eight hundred and twenty nine. Nehemiah Gregory
I Daniel Gould Vp. Clerk of the Court of the County of Delaware in the State of New York Do hereby certify that Nehemiah Gregory before whom the foregoing affidavits were sworn was at the time a Justice of the Peace in the said county and duly empowered to administer oaths.
In testimony whereof I have hereunto set my hand and affixed the seal of the said Court this ninth day of February One thousand eight hundred twenty nine.
Daniel Gould

Seth Whitney's Papers

Rec d 21 May 1830
For the purpose of obtaining the benefits of the act entitled "An act for the relief of certain surviving Officers and Soldiers of the Army of the Revolution" approved on the 15 th of May 1828,
I Seth Whitney of Delhi, in the County of Delaware, in the State of New York, do hereby declare, that I enlisted in the Continental Line of the Army of the Revolution, for and during the War, and continued in its service untill its termination; at which period I was a Private in Captain Jacob Reeds Company, in the Second Regiment of Artillery under the command of Colonel John Lamb; and I also declare that I did not afterwards receive certificates for the reward of Eighty Dollars; to which I was entitled, under a resolve of Congress, passed the 15 th of May 1778, And I further, declare that I was not on the 15 th day of May 1828, on the Pension List of the United States: Witness my hand this 8 th Day of May in the year 1830;
This declarant would further state that that he did not receive what is commonly called a discharge, but an unlimited Furlough; the circumstances were these; Viz; that in the Month of June 1783, at or about the time of the general disbanding of the Army; and while this declarant was lying at West Point in the State of New York; and that Col l Lamb was; very much indisposed, and that Lieut t Colonel James Stephens, (this declarant will not be positive as to Lieut t Col l Stephens first name, being James) having the principal command of the Artillery, he the said Lieut t Colonel Stephens, gave this Declarant with many others an unlimited Furlough; This was in June, in the year 1783, as near as this Declarant can recollect Witness my hand; this eighth Day of May 1830
his Seth * Whitney mark
State of New York Delaware County
Be it known that before me Nehemiah Gregory one of the Justices in and for said County of

Delaware, Jacob Every and John Downer of the said County, who did severally make oath that Seth Whitney by whom the foregoing declaration was subscribed is generally reputed and believed to have been a soldier in the Army of the Revolution in manner as therein stated } Jacob Every Sworn and subscribed before me } John Downer This 8 th Day of May in the year 1830 —————
Nehemiah Gregory Justice of the peace
Delaware County
Clerks Office ss. I Crawford B Sheldon Clerk of the County of Delaware do hereby certify that Nehemiah Gregory Esquire before whom the above affidavit was taken was at the time a Justice of the Peace in and for said County and duly sworn In testimony whereof I have hereunto set my hand and affixed the seal of the County aforesaid this 8 th day of May 1830.
Crawford B Sheldon Clerk

I HEREBY certify, that the accompanying pages numbered from One to ten, inclusive , are truly copied from the originals in the Office of the Commissioner of Pensions, Department of War.
J. L. Edwards
Commissioner of Pensions.
BE IT REMEMBERED , That JAMES L. EDWARDS , who has signed the foregoing certificate, is Commissioner of Pensions; and that to his attestations full faith and credit are and ought to be given.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name, and caused the seal of the Department to be affixed, on this — Second day of May — in the year of our Lord one thousand eight hundred and thirty- six .
C. A. Harris actg. Secretary of War.

Copy.
6. 1
State of New York } Delaware County. } ss.
Seth Whitney of the Town of Delhi in said County being duly sworn, deposeth and saith that by reason of age and infirmity his memory is somewhat impaired, and may not distinctly recollect if he ever knew, the precise character of the military force or corps into which he enlisted, or with which he engaged, as set forth in his declaration, to which this is a supplemental. He believes it was raised under the authority of the State of New York, and from the militia, but not from them in mass. But this he distinctly recollects, and his recollection in this respect is neither effaced nor impaired by age, that on the 1 st of April 1781 he enlisted or engaged in a company of soldiers under the command of Capt. Daniel Williams, and then under the command of Major Benscouter, as set forth in his said declaration. He gave in his name to the Captain on the last day of March, and on said first day of April he rendezvoused with the company, his Captain & Major aforesaid being present, and commanding, at Regan's tavern in Gregory's parish in the town of Frederickstown. He distinctly remembers that he served in said company & corps as set forth in his said declaration, till his discharge on the first of January following, and that he was never, even for a single day, absent from duty, either on furlough or otherwise, during said term, unless when having the fever & ague he was sent to the hospital for a few days, maybe considered an absence from duty.
Subscribed & Sworn to before me February 10 th 1834.
Anth: M. Paine J. P.
Seth X Whitney mark

State of New York. } Delaware County } Gs.
I Crawford B. Sheldon clerk of the said County, do hereby certify that Anthony M. Paine before whom the above affidavit was sworn, was at the date of the same a Justice of the peace in and for the County of Delaware duly authorized to take the same, and that I am well acquainted with the hand writing of the said Justice, and that his name subscribed to the said affidavit is his proper hand writing and Signature. — In testimony whereof I have hereunto set my hand and seal of office this 11 th day of February 1834.
C. B. Sheldon, Clerk.
State of New York. } Delaware County } Gs.
On this 19 th day of June 1833 personally appeared in open Court before the Judges of the Court of Common Pleas now sitting in and for the said County of Delaware, Seth Whitney a resident of the town of Delhi in said County of Delaware and State of New York, aged Seventy three 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 7 th 1832,
That he entered the service of the United States under the following named Officers, and served as herein stated, That he enlisted in the army of the United States in the year One thousand seven hundred and eighty one, to wit, He first

enlisted into a company of New York militia commanded by Captain Daniel Williams on the first day of April One thousand seven hundred and eighty one. He then resided in the town of Fredericks town in the County of Dutchess and State of New York, and on that day and in that town he enlisted into said company for Nine months. - Cap t Williams company was then under the command of Major Benscharten who was present at his enlistment. - Whether the said company was then attached to a Colonel's command he cannot say. - Within some few weeks afterwards it was attached to Col. Sheldon's regiment, and served as infantry under his command. Afterwards and during the said nine months, the said company still commanded by Cap t Williams was attached to Col. Scammons Regiment of Infantry. - He, this declarant, served in said Cap t Williams company as a private, for the full term of his enlistment, and was discharged by said Major Benscharten, at a place called Haight's Plains in Westchester County N.Y. on the first day of January 1782. He has lost his discharge. - During this term of service he was in some skirmishes but in no regular or hard fought battle.
9 m o
In the month of October 1782 in the forepart of that month and certainly as early as the 10 th day thereof he enlisted into the Army of the United States for during the war. His enlistment was in a company commanded by Cap t Reed. - Lieutenant Peter Vepsals was the recruiting Officer, and a man by the name of Smith was the orderly Sergeant. Cap t Reed's said company was attached to a regiment of artillery commanded by Col. Lamb. The Lieut. Col. was Stevens, and the Major was Bowman. The Regiment was stationed at West-Point. - The declarant

was in service there, and out on fatigue parties during the time of his said last mentioned enlistment till his discharge. He was discharged at West-point in the month of June 1783 and he thinks in the latter part of the month. Col. Stevens handed him his discharge but it is lost. He is confident that he served under this enlistment 8 m th at least eight months. He served as a private du- y. m th ring the whole of this term - was in no battle du- 1.5.0 ring this term - was employed in garrison duty & on fatigue parties.
During his first mentioned service he was engaged in Westchester County almost exclusively, in marches, scouting parties, guarding the lines, foraging parties &c. Once was in a party detached, to pursue and apprehend deserters who had fled to Dutchess County - During the whole time under both enlistments, he was not employed in any civil pursuit. He has no documentary evidence to prove his said services except the depositions of Issachar Robinson & Thomas Gregory hereunto annexed. He knows of no other person living by whom he could prove any part of his said services.
He was born in Danbury in Connecticut on the 27 th of September 1759 - He has no record of his age - His name was registered in his father's Bible which was taken by his Sister - He believes his birth was registered in the town clerks office of his native town.
He was living in Fredrickstown in the county of Dutchess, N. Y. at the time of both his aforesaid enlistments. After he left the service at the close of the war he lived in Stephenstown in the County of Westchester N. Y. till about the year 1797 when he removed to the place of his present

residence, then in Middletown, now, by a division & alteration of towns, in the town of Delhi County of Delaware N. Y.
He states the names of Erastus Root & Martin Keeler in his present neighbourhood to whom he is known and who can testify as to his character for veracity & their belief of his services as a Soldier of the revolution.
He hereby relinquishes every claim 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.
Sworn to & Subscribed the day & year aforesaid in open Court. His mark. Seth X Whitney
C. B. Sheldon, Clerk.
Delaware Ys.
We Erastus Root of the town of Delhi and Martin Keeler of Kaaterskill in said County, hereby certify that we are well acquainted with Seth Whitney who has subscribed & sworn to the above declaration, that we believe him to be Seventy three years of age; that he is reputed & believed in the neighbourhood where he resides to have been a soldier of the revolution, and that we concur in that opinion.
Sworn & Subscribed in open Court the day & year aforesaid. Erastus Root. Martin Keeler.
C. B. Sheldon, Clerk.
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 certify that it appears to them that Erastus Root and Martin Keeler — residents of the county aforesaid are credible persons, and that their statements are entitled to credit.
State of New York } Delaware County } Gs.
Thomas Gregory of the town of Andes in said County aged Eighty years, being duly sworn doth depose and say that in the year 1782 he resided in the town of Frede- rickstown in the County of Dutchess and was well acquainted with Seth Whitney then residing in said town. He knows that the said Whitney did, in the fall of the year 1782, he believes it was in the month of October, enlisted into the Army of the United States for during the war, under Lieutenant Vessels who was then a re- cruiting officer. — He knows the fact the more particularly from the circumstance that said Vessels, wife & family then lived in this depo- nants house in said town. This deponent understood and believes that said Whitney join- ed the army at West Point and served in Col. Lambs regiment till he was discharged at the close of the war.
Sworn this 19 th day of June } Thomas Gregory. 1833 before me — and I certify } that the deponent is a man of } credibility.
E. B. Washburn. Justice of the peace.

State of New York. Delaware County ss.
(Seal) I Crawford B. Sheldon Clerk of the said County do hereby certify that Ebenezer B. Washburn Esq. be- fore whom the within affidavit purports to have been sworn, was at the date of the same a Justice of the Peace in and for the said County, and that I am well acquainted with the hand writing of the said Justice and verily believe his name Sub- scribed to the within affidavit and certificate to his proper hand writing and Signature.
In testimony whereof I have hereunto set my hand and Seal of Office this 19 th day of June 1833.
C. B. Sheldon, Clerk.
State of New York Delaware County ss.
Isaachar Robinson of the town of Middletown in said County, aged Seventy two years being duly sworn doth depose and say, that is well acquainted with Seth Whitney now of the town of Delhi in said County, and was well acq- uainted with him in the town of Fredericktown in the County of Dutchess in the year 1781 and knew him to be in the militia service in that year, but how long he served he cannot say, nor does he recollect his commander as this deponent was not in the same corps - In the early part of October 1782, certainly as early as the 10 th of that month, the said Whitney enlisted at the same time with this deponent into the United States Army for during the war, and was attached to Capt. Reeds company in Col. Lamb's regiment of Artillery and served therein

until discharged in the latter part of June One thousand seven hundred & eighty three.
Sworn this 19 th June 1833 before me. and I certify that I am acquainted with the De- ponent & that he is a man of credibility
his Speachor X Robinson mark.
Matthew Halcott. S. P.
State of New York County of Delaware ss.
I Crawford P. Sheldon Clerk of the County of Delaware, do certify that Matthew Halcott Esq before whom the within affidavit purports to have been sworn, was at the date of the same one of the Jus- tices of the Peace in and for the said County - and that I am well acquainted with the hand writing of the said Justice and verily believe his name subscribed to the said affidavit, and certi- ficate to be his proper hand writing & signature. In testimony whereof I have hereunto set my hand and seal of office this 19 th day of June 1833.
C. P. Sheldon, clerk
And the said Court do hereby declare their opi- nion after the investigation of the matter, & 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 Eraslus Root who has signed the preceding

certificate is a resident of the town of Delhi in said county of Delaware and is a credible person, and that Martin Keeler who has also signed the same is a resident of the town of Kaaterskill in said county and is a credible person, and that their statement is entitled to credit.
I Crawford B. Sheldon of the court of Common Pleas in and for the county of Delaware do hereby certify that the foregoing contains the original proceedings of the said court, in the matter of the application of Seth Whitney for a pension. In testimony whereof I have hereunto my hand and seal of Office this 19 th day of June 1833.
C. B. Sheldon, Clerk.
State of New York Delaware County } ss.
Seth Whitney of the town of Delhi in said county being duly sworn deposeth & saith, in addition to an in explanation of what he has heretofore sworn to in furtherance of his claim to a pension, that during his said nine months service in Captain Williams's company he was the whole of the time engaged on the lines in Westchester county. He was scarcely engaged when enough for a regiment were embodied together. He was several times during that service under the command of Col. Sheldon who commanded a regiment of dragoons — one time in particular, he recollects, that he with Capt. Williams's company and another company of infantry served as infantry five or six weeks.

and attached to said Sheldon's regiment of Dragoons. He, with his said company commanded by Capt. Williams as aforesaid was for some time attached to, and under the command of Col. Scamnel. He believes that Col. Thomas Thomas was the actual commander of the regiment to which his company belonged but did not see him in actual command, but a small part of the time during that service. He recollects that whenever Col. Thomas was present, and that was several times, he always took the command of his said company and the others engaged in the same service. There was another company commanded by Capt. Sackett, which was generally associated with Capt. Williams's company. They were sometimes separated, when on scouting parties, then unite - when Col. Thomas was present he would command the whole. The company was almost always on the move - Never stationed at one place any length of time except when with Col. Scamnel - That was for a few weeks at Dobbs's ferry.
Subscribed & sworn before me his March 24 th 1834. } Seth & Whitney Mark.
Auth: M. Paine. Commissioner etc. 

State of New York } Delaware County } p.
Seth Whitney of the town of Delhi in said county being duly sworn deposeth & saith that by reason of age & infirmity his memory is somewhat impaired & may not distinctly recollect if he ever knew the precise character of the military force or corps into which he enlisted or with which he engaged, as set forth in his declaration to which this is a supplement. He believes it was raised under the authority of the state of New York & from the militia, but not from them in mass. But this he distinctly recollects, & his recollection in this respect is neither effaced nor impaired by age. That on the 1 st of April 1781 he enlisted or engaged in a company of soldiers under the command of Capt. Daniel Williams & then under the command of Major Bencounter, as set forth in his said declaration. He gave in his name to the captain on the last day of March & on said first day of April he re-organized with the company, his captain & Major Bencounter being present & commanding, at Pequea's tavern in Gregory's parish in the town of Fredericktown. - He distinctly remembers that he served in said company & corps as set forth in his said declaration, till his discharge on the first of January following, and that he was never, even for a single day, absent from duty, either on furlough or otherwise, during said term,

unless when having the fever & ague he was sent to the hospital for a few days, may be considered an absence from duty. -
Subscribed & sworn to before me February 10 th 1834
Anth: M. Paine J. Pease
Seth his X Whitney mark
State of New York
Delaware County ss
I Crawford B Sheldon Clerk of the said County, do hereby certify that Anthony M. Paine before whom the above affidavit was sworn, was at the date of the same a Justice of the peace in and for the County of Delaware duly authorized to take the same, and that I am well
acquainted with the hand writing of the said Justice and that his name subscribed to the said affidavit is his proper hand writing and signature - In testimony whereof I have hereunto set my hand and Seal of office this 11 th day of February 1834.
C. B. Sheldon, Clerk

Seth Whitney aff. 2

State of New York } Delaware County }
18. Seth Whitney of the town of Delhi in said county being duly sworn before the said court, in addition to, or in explanation of what he has heretofore sworn to, in furtherance of his claim to a pension, that during his said time upon the service in Captain Williams' company he was the whole of the time engaged on the lines in Westchester county. He was readily engaged when called for a regiment was embraced together. He was several times during that service under the command of Col. Sheldon who commanded a regiment of dragoons - one time in particular, he recollects, that he with Capt. Williams' company & another company of infantry served as independent party five or six weeks & attached to said Sheldon's regiment of dragoons. He, with his said company, commanded by Capt. Williams as aforesaid was for some time attached to and under the command of Col. Samuel. He believes that Col. Thomas Thorne was the actual commander of the regiment to which his company belonged but did not see him in actual command but a small part of the time during that service - He recollects that whenever Col. Thorne was present & that was several times, he always took the command of his said company & the other engaged in the same service. There was

another company, commanded by Capt Lock- ett, which was generally associated with Capt. Williams' company - They were sometimes separated, when on gun trip parties. They unite - When Col. Francis was present he would command the whole - The company was almost always on the move. Never stationed at one place any length of time except when with Col. Francis. That was for a few weeks at Lehigh, busy. -
Subscribed & sworn before me March 24 th 1834
Smith: M. Paine Commissioner
Let X his Whitney mark

Seth Whitney

State of New York } Delaware County } Jr.
Seth Whitney of the town of Bell- hi in said county being sworn saith that when Gen. Root informed him the other day that he had received a letter from Mr. Greenough stating that it appeared from the muster roll that he had been returned as a deserter from the Army of the United States he re- ceived the information with great surprise. He felt convinced that he had served his country faithfully & from principle & never deserted or flinched from its service. Since that time he has been endeavoring to revive a recollection of the revolutionary scenes through which he has passed & endeavor to ascertain in his own mind from what circumstance such return had its origin. He is not advised of the time when such report was made nor whether it was during his time upon the service or when he was enlisted for carrying the war - If the latter, it must have arisen from this circumstance - to wit, - In May or the forepart of June 1783 he & seven or eight others under the command of Sergeant Dalton were sent from Westpoint to Danbury to get White clay or Finkel's earth used to whiten soldiers hats, &c. - They were directed to bring 30 pounds apiece - They did return to camp with their lading as directed, but he believes it was three or four days after the time - He came as fast as the sergeant directed. They were in no great haste to return as he supposes the sergeant that there would be no fault found with them as no actual ser- vice was needed & the soldiers were thereby being discharged in small numbers by detail - This depart- ment was not re-linked or censured on his re-

ten, but within a few days afterwards was honorably discharged - His discharge was put into his hands by Lieut. Col. Stevens in person - Mr. Stevens was then an Lieut. Col. under Col. Lamb.
That discharge has long since been lost. -
If the report of his opponents desertion was made during his nine months service it must have arisen from this circumstance - About the first of September 1701 he was seized with the fever & ague & was taken to the hospital at Peekskill where he remained ten or twelve days & then returned to his company & regiment in which he continued to duty till the new year day following when he was honorably discharged by Major Benschoten. His company was dismissed on parole but he & some others went into the Moyer quarters & took his discharge in writing. This discharge has long since been lost. -
Under these circumstances he cannot well see how he could have been reported as a deserter, but he cannot recollect any other circumstance during that service on which to ground a conjecture of a cause.
Subscribed & sworn to before me May 3 d 1836 Smith: M. Paine J. Pease
his J. P. Whitney mark

Seth Whitney - Petition

To the Congress of the United States & first to the Board of Repre- sentatives. The petition of Seth Whitney of the town of Lebanon in the state of New York, - Respectfully represents -
That he is a soldier of the Revolution - He served in the army of the revolution.
1. For 9 months in the militia or state troops of New York in Capt. Williams's company, chiefly in Sheldon's regiment - enlisted in Dutchess county, but served in Westchester county
2. For 8 months service in Col. Lamb's regiment under an enlistment for during the war - Service, chiefly, at West Point.
Application for a pension, founded upon these services, has been made at the pension office & refused by Mr. Ed- wards. The papers to establish the claim, on file, it is believed, in that office. The prayer of your petitioner is, that by a com- mittee of your honorable body, his claim may be examined and if it shall appear that his case comes fairly within the true spirit & meaning of the act of June 1832 he may be allowed, by an act to be proper for that purpose, his pension from the time designated in said act & in proportion to the services which he may prove shown to have rendered to his country. - Your petitioner is aware that the rejection of his claim by the officer specially charged with the examination of such mat- ters is a circumstance operating strongly against him & that a com- mittee of the House might be inclined to pass slightly over the case upon the supposition that a thorough investigation has been had & that ample justice has been done to the claim. But the com- mittee may not deem that supposition conclusive when they are referred to the reasons given by Mr. Edwards for the rejection of this claim. - He says, in answer to supplementary proof & explana- tion of your petitioner, "The explanatory explanation of Seth Whitney has been examined and is not satisfactory. The allega- tion of having served 8 months in Lamb's regiment under an enlistment for the war is so strongly discredited by the rolls and the final settlements that it throws a distrust over the accuracy of the other terms of his alleged service."
Your petitioner respectfully requests to your honorable know that Mr. Edwards is mistaken in supposing that Lamb's regiment were not enlisted for during the war. They were, or at least a large portion of them, as your petitioner has always, un-

stood (She knows he was one of them) enlisted for during the war. They were included, with Van Bartlands & Van Schenks regiments, in the promise of bounty lands by the state of New York to those who served to the close of the war in the line of New York in the Army of the U. S. - Your petitioner was entitled to such bounty lands but he sold his right, at an early day, for forty dollars. -
Your petitioner begs leave to refer the committee of the House to another circumstance, which he believes can be found among his papers & those of Issacher Robinson on file in the Pension Office - Robinson & the Petitioner enlisted together in an S t Marks, the recruiting office, for during the war - They swore to each other enlistment & service at the time of their original application - It is understood that Mr. Robinson has got his pension for the same service. - The Petitioner knows of no reason, nor does he believe any exists, to distinguish his case from Mr. Robinsons in relation to the 8 months service in Larabes regiment. his
And your petitioner be Seth Whitney mark
Delhi, N. Y. Feb. 18, 1836
Mr Whitney is 76 years old - his hand is so tremulous that he cannot write - He can read - E. Root
I have known Seth Whitney for nearly forty years. He is an honest & honorable man - In his declaration he may have been mistaken in some facts & there may have been impressions that at the pension office to be important, but I have perfect confidence that he has not wilfully mis-stated or omitted any thing - The great matter, to wit. his service I have no doubt he has remembered & stated with accuracy - Ezra Root

H.R. — 309
Seth Whitney
Seth Whitney, Albany 20th Act June 28. 1838 - § 26: 67 per Ann: Com 9 4 Mar. 1831, Report to Oct 9 Ld Ivan.
Bill reported without amendment recommended its passage