Revolutionary War Pension and Bounty Land Warrant Application File S. 11,051, for John Mc Graw, New York

SERVICE
NUMBER
New York
McGraw, John
S 11,051
carded
CONTENTS

New York
John M c Graw
Mongomery in the State of New York who was a Private in the Comp y commanded by Captain Pettibone of the Reg t commanded by Col. Fisher in the New York line for 20 Mo. 8 1/2 Ds.
Inscribed on the Roll of New York at the rate of 67 Dollars 43 Cents per annum to commence on the 14th day of March, 1831.
Certificate of Pension issued the 26 day of Feb y . 1833 and due to B. M c Graw Aurora Ill s
Arrears to the 14th of Feb y 32 $168 39 Semi-ant. allowance ending 1/2 24 33 71
$202 10
Revolutionary Claim, Act June 7, 1832. J. C. Stiles Clerk
Recorded by Book E Vol. 1. Page 69

John M c Graw
Application for a Pension
any of us were among a number of ... said County. And that I am well acquainted with the hand writing of the said picture & verily believe that the name of the said picture subscribed to the said offi- dant is William .
In testimony whereof I have hereunto set my hand & seal of office this 29 th September 1832.
Geo: D. Ferguson

State of New York
Montgomery County ss
On the 11  eleventh day of September in the year of our Lord one thousand eight hundred and thirty two personally appeared in open court before the Judges of the Court of Common Pleas of the County now sitting at Johnstown of John M. Graham State aforesaid, aged eighty 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 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 in the latter part of the year 1775 this deponent belonged to a company of Militia in the town of Florida in the County & State aforesaid whereof Samuel Pettingill was Captain in a Regiment commanded by Col. Frederick Fisher of the New York State Militia: That this deponent received orders from his Captain to prepare himself with a Gun Bayonet and Cartridge Box to fight for Liberty & Freedom; That this deponent prepared himself accordingly. And some time in the forepart of the year 1776 as near as he can recollect, he was drafted from Captain Pettingill's Company to go to Sacondaga at a Block House Built by the Americans at that place for the purpose of preventing the Tories, British & Hostile Indians from passing to and from this part of the Country to Canada: That this deponent with William Snook the Lieutenant of the Company, and Henry Snook William Pettingill Joseph Pettingill Samuel Mc Graw & Hugh Connolly privates in said Company, and probably others which he does not now remember marched from the town of Florida to Sacondaga and lay in the Fort as a guard at that place until relieved by another draft from the same Company; that he has been drafted and went to Sacondaga four or five times in like manner and served his several Tours at that place, some times would be stationed there a week, at others a fortnight, three weeks and a month, as occasion in the service required; but he cannot be particular as to the precise time he did serve there; he judges however, that he served in all at the Sacondaga Black House as much as two months at least. That in going from

Gloucester to Saratoga. they usually crossed the Mohawk River at Treper Hill, and some times at Amsterdam, and marched to the Block House at Saratoga principally through the woods to that place as but little improvement in Roads had then been made, to that section of country, as well as to avoid any surprise by the enemy. And this deponent further says, that in the year 1777 he was drafted in like manner from Captain Pettengell's Company. as many as five times and served a regular tour at Johnstown in a Picket Fort around the Johnstown fall: That the several terms of service at that place would vary from one to four or five weeks before he got relieved. That Captain Walter Vrooman commanded at the Fort a principle part of the time: That one Beckman was Lieutenant. and one Hatch a Sergeant. That the object in keeping a force at that place was, that the Americans apprehended an attack from the Enemy. coming through from Canada by the way of Saratoga Johnstown being the residence of Sir John Johnson a Tory who had done much injury during the war. That in the month of August 1777 Captain Pettengell's Company was ordered out and the whole of Col. Fishkill Regiment to march for Otiskany in the County of Onondaga at the time the Battle was fought between the Americans and the British at that place. That this deponent was excused from serving at that time in consequence of a lame knee. That in the Otiskany Battle Captain Pettengell was mortally wounded as this deponent was informed & believes, and Lieutenant William Snook afterwards took command of the Company and was appointed Captain. That after the Otiskany Battle a certain number was drafted from Captain Snook's Company to join General Gates forces at Saratoga among which was this deponent; That one Thomas van Horne commanded the draft from said Company. he then being Lieutenant of said Company. That they marched from Gloucester to the City of Schenectady and from there down the Mohawk River and crossed over into Saratoga near Stillwater. and there joined General Gates Army.

And a few days before the Battle between the forces commanded by General Gates, and those of the British commanded by General Burgoyne. This deponent was ordered to the town of Florida on business by Major David Mc Masters, who commanded the forces at Stillwater. To which this deponent was attached in the Militia. And this deponent did not return as he never arrived, that the Battle had been fought & that Burgoyne and his Army had been taken.
10 And this deponent further says, that some time in the year 1778 as near as he can recollect, Col. Fishers Regiment was ordered out including Captain Snook's Company & Marched to Stone Arabia in the town of Palatine upon an alarm of hostilities in that quarter, and were there about ten days as near as he could judge and were then relieved by another division of Militia. That in the year 1779 this deponent was drafted from Captain Snook's Company to March to the German Flats. He recollects that Captain Snook was among the number, and that Robert Mc Brady, Cornelius Van Horn, William Phillips, Daniel Mc Gran, Conradt Stein, Justin Rosey and Henry Snook privates in said Company were also among the number drafted. That they Marched up the Mohawk River on the South Side to the German Flats and joined some Militia at that place, who had been called out in consequence of the Indians having scalped some of the Americans at that place. That this deponent was there about about three weeks. That this deponent has been ordered out in the years 1778, 79, & 80 on various occasions and stationed at Fort Plain, Fort Plank, Fort Windiker, Fort Dayton and the German Flats to protect the Americans from the incursions of the British and Indians. That from the repeated and number of occasions this deponent has been called and stationed at the before mentioned places in the American Service, and from the great length of time, he is unable to state particularly how long he served in each of those places in particular. He recollects that he has been at Bowman's Creek in the town of Canajoharie and served on regular duty on guard at 21 days

at that place. That at the time the Battle was fought at Johnstown between the American forces commanded by Col. Willet and the British under the command of Major Rapp. Captain Snook's Company was ordered out and went to their Relief. and arrived the next morning after the Battle was over. and thinks that the American followed Major Rapp about two days journey; Major Rapp marched westward towards the Canada bank: That Capt. Snook's Company found the Americans and pursued Rapp as before mentioned and then returned. This deponent further says that he has been stationed at Troup's Hill. To keep guard at that place an attack was expected from the Tories. he cannot remember the year but thinks it was the latter part of the war nor the length of time but he remembers that Captain Snook commanded at the time. Captain Snook's Company was also called out sometime the latter part of the war and was stationed opposite Fort Plain in the now Town of Oppenheim as he believes on the North Side of the Mohawk River and kept guard at that place. They crossed the Mohawk River a little above Cohoes & marched up the River on the North Side and found some other American forces commanded by Col. Mc Masters. he cannot recollect how long they were stationed there. He has also been placed on Guard at a Stone House a little below Fort Hunter to watch the movements of the Tories & Indians but how long cannot recollect.
2 years at least And this deponent further says that during the whole war he held himself in readiness to march any moment. he was called upon to serve his Country. And from the various services which he rendered he thinks he can safely state that he served the Country as much as two years and probably much longer: But his Memory fails him and he cannot detail the events of the war with much minuteness or exactness.
And this deponent further says that he was Born in the town of Glocester in the County of Rhode Island in the year 1752 and resided in the same place

When he entered the Service & has so resided ever since. That he has a Record of his age in his family Bible written in German in his possession: That when called into Service he has been principally adopted or called upon by his Superior Officers and always held himself in readiness to obey the call and serve the country on his own account. That he has stated the names of the principal Officers engaged in the Service as near as he can recollect and the circumstances of his Service. He has no documentary evidence in his possession nor any written discharge and 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 or of the United States. And this deponent expects to prove by Henry Snook Garnet Newbirt Daniel M c Graw & George Stine some of his Services. He also expects to prove by Nicholas Hill & Henry Snook
who can testify as to the veracity of this deponent and of their belief as to this deponent's service as a soldier of the Revolution.
Sworn to & subscribed the day & year aforesaid John M c Graw Mark
Geo: D. Ferguson. Clerk.
We Nicholas Hill residing in the town of Florida and Henry Snook  residing in the same place hereby testify that we are well acquainted with John M c Graw who has subscribed and sworn to the above declaration that we believe him to be Eighty 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 Nicholas Hill Henry Snook
Sworn to & subscribed the day & year aforesaid
Geo: D. Ferguson. Clerk.

Garrit Newkirk a witness sworn in open Court testifies that he is well acquainted with John M c Graw of the town of Florida in Montgomery County and knew him during the Revolutionary war. That the Regiment and said M c Graw belonged to Captain Snook's company in Col. Frederick Fisher's Regiment of the New York State Militia. That the witness recollects that some time during the Revolution Col. Fisher's Regiment including Captain Snook's company to which said M c Graw belonged was ordered out and marched from the town of Florida to Caggytown to join the American forces at that place. That said M c Graw was in the company doing duty. but how long he remained at Caggytown he cannot recollect. He remembers that the Regiment was marched up the Mohawk River as far as Fort Plain a little above Fort Plain. and was stationed there awhile. But will not pretend to relate how long. He does not recollect the year but thinks it was after the Oriskany Battle as Captain Snook was not appointed Captain until after that Battle, the former Captain Pettengell was supposed to have been killed in the Oriskany. He remembers that some time during the war the said witness was mustered in Captain Snook's company and went to Stone Arabia in the new Town of Palatine and stationed there awhile. But he does not remember how long nor the year. He does not now remember of seeing John M c Graw in said company; but he has no doubt that he was there; as the whole company was ordered out and he never heard, nor does he believe that said M c Graw was ever fined: or warned to Court Martial. during the whole war; That he was a good Whig, and much attached to the American cause ~
Subscribed & sworn to this
Garrit Newkirk
17 th day of September 1832
Before me James Greenman Justice ~

George Stone a witness sworn in open court says that in the Beginning of the war of the Revolution in the year 1775 he then & ever since resided in the town of Horan in Montgomery: and was then well acquainted with John M c Graw a resident of said Town & has known him ever since: That this deponent belonged to a Company of Militia commanded by Captain Gernmans and John M c Graw then belonged to Captain Samuel Pettigill's Company both Companies belonged to Col Frederick Fisher's Regiment of the New York Nat. Militia. That in the fore part of the war in the year 1776 this deponent saw said John M c Graw at Black House at Saona engaged in the American Service at that place where both this deponent & said M c Graw were drafted or ordered out from their respective Companies, to take a tour at the Black House aforesaid; that the usual period of service at that place was from three to four weeks & would then be relieved by a fresh draft. That this deponent has been with said M c Graw as many as five different drafts at that place as before mentioned. The witness further recollects that some time in year 1777 and he thinks it must have been in the fore part of the year, he saw said John M c Graw at a Picket Fort around the Johnstown Sal , on four or five different occasions: That this witness served as a drafted Militia man at the same time with said M c Graw; that they were drafted and alternately relieved from duty every three or four weeks. and the four or five times the witness saw said M c Graw at Johnstown aforesaid were at different drafts and for different periods of time. That some time in the year 1778 as near as he witness can recollect he saw said M c Graw at the German Flatts in the Public Service in Captain Hook's Company doing duty that he was stationed there about three weeks as near as he can judge. That during the same year saw said M c Graw at Fort Plain. Fort Plank. Fort Howard Windkirk & Fort Dayton on various and different drafts that were made on the Militia to strengthen & fortify those several places. That he also saw said M c Graw at a

Battle fought between the American forces commanded by General Van Rensselaer. And the British commanded by Sir John Johnson & Walter Butler opposite Fort Plain on the North side of the Mohawk River at a large Stone House occupied by one Col. Black  was the town of Palatine or Oppenheim can't say which - That said Mc Graw in Captain Hook's Company. That Col. Fisher whole Regiment was also at the Battle afore said - The witness also saw said Mc Graw in the Army Service at Stone Arabia in the County of Palatine. He thinks in the same year upon an alarm at that place - He has seen said Mc Graw at Canajoharie & at Boonville Creek at different times - The deponent saw said Mc Graw at Stillwater in Saratoga Before the Battle was fought between Genl. Gates & Burgoyne as a drafted Militia man & embodied among the regular men. And the witness being intimately acquainted with said Mc Graw during the whole Revolution he can say that he was a good whig and ready on all occasions to do duty when called; And he thinks that he served the country during the whole war whenever occasion required the Militia to be called into the service.
Sworn to & subscribed in open court on 19th Sept. 1832.
George his X Stine mark
Geo: S. Ferguson. clerk.
Montgomery County ss I James Greenman a justice of the Peace in the town of Florida in said County hereby that I am well acquainted with Garret Munkirk who has sworn to the foregoing affidavit. That he has been for several years a cripple & is now actually confined by reason of a Fall which considerably injured his Back & Shoulders & am of the opinion & believe that from bodily infirmity he is unable to attend the Court of Common Pleas now sitting at Johnstown in said County as a witness - dated this 17th September 1832
James Greenman Justice of the Peace

Henry Snook a witness sworn in open Court testifies that he has been John M c Graw the forgoing applicant at Sacra-sega equipped as a soldier, doing duty at the Block House mentioned in his statement. Some time during the American war at different times the witness has seen said M c Graw at Boorman's creek at Canajoharie at Johnstown; at Pone Creek, Fort Plain, Fort Plank, Fort Windfall, Fort Dayton at the German Flats & opposite Fort Plain Plain on the North side of the Mohawk River during the Revolution as war in the American Service doing duty and the witness testifies that he has repeatedly seen said M c Graw at various & different times during said war in the places before mentioned engaged in the service. And believes he was the principal part of the war when called upon.
Sworn to & subscribed in open Court the 19 th . Sept. 1832.
Henry Snook
Geo: D. Ferguson, Clerk.
James M c Graw a witness sworn in open Court testifies that he has heard the forgoing testimony given by Henry Snook and says that the matter of fact therein stated is true according to the best of his recollection and belief. He states that he is a Brother of said John M c Graw and is now seventy eight years of age and served with him in the places mentioned in said Snook's testimony.
Sworn to & subscribed in open Court the 19 th Sept. 1832.
James M c Graw Henry Snook
Geo: D. Ferguson, Clerk.

And the said Court do hereby declare their opinion after the investigation of the matter, & after putting the interrogatories prescribed by the War Department, that the above named applicant was a revolutionary soldier, & served as he stated. And the Court further certify that it appears to them that Nicholas Hill who has signed the preceding certificate is a clergyman resident in the town of Florida in the County of Montgomery, and that Henry Snook, who has also signed the same is a resident of the same town, & is a credible person & that their statement is entitled to credit.
George D. Ferguson, clerk of the Court of Common Pleas of the said County, do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of John M c Graw for a pension. In testimony whereof I have hereunto set my hand and seal of office this 29 th day of September 1832.
Geo: D. Ferguson
State of New York Montgomery County, ss:
I George D. Ferguson, clerk of the Court of Common Pleas of said County, do hereby certify that the foregoing affidavit of Samuel Newkirk & James Greenman, before whom the foregoing affidavit of Samuel Newkirk, purports to have been sworn was on the day of the date thereof a Justice of the peace of the said County. And that I am well acquainted with the hand writing of the said Justice & truly believe that the name of the said Justice subscribed to the said affidavit is genuine.
In testimony whereof I have hereunto set my hand & seal of office this 29 th September 1832.
Geo: D. Ferguson
John M c Graw Application for a Pension 16289

16289
John McGraw Montgomery City New York
e i j
Admitted Private 20 mo 27 days
6660 77 6743 2 13486 33.71 168.57
Howland Fish Curriesville Post Office Montgomery City New York

307 2876 270/77
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. These 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 John McGraw Montgomery late of New York
   Period when the service was rendered. Duration of the claimant's service Rank of the claimant. Names and Rank of the Company officers under whom he served. Names and Rank of the General and Field officers. Battles in which the applicant was engaged. Country through which he marched. Place of abode when he entered the service, and age at the present period. Evidence by which the declaration is supported.   Years. Months. Days.     2 Sept 1775- not stated pm Capt Pitt Col. Fisher 80 Florida In a dictionary   " 1776 7 2 " ingell Lieut Snook N. York Montgomery county N. York Living Witness   " 1777 from 1 to December Capt Kroo- Oriskany   " 1778 about 10 " man Capt Snook Col. Fisher   " 1779 about 21   2 more he thinks  
I am, respectfully,
Your obedient servant,
J. L. EDWARDS,
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 day 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 he 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 enquiry 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 in 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.
The terms must be specific to entitle the applicant to the certificate. R Newman

DEPARTMENT OF THE INTERIOR,
BUREAU OF PENSIONS.
Washington, D. C., _____, 19_____
In reply to your request of _____, received _____ for a statement of the military history of John Mc Graw a soldier of the REVOLUTIONARY WAR, you will find below the desired information as contained in his (or his widow's) application for pension on file in this Bureau.
   DATES OF ENLISTMENT OR APPOINTMENT. LENGTH OF SERVICE. RANK. OFFICERS UNDER WHOM SERVICE WAS RENDERED. STATE.   CAPTAIN. COLONEL.     1775 various Pvt James R. [?] Frederick Fisher N.Y.   Wm. Smith   Walter [?]         1781  
Battles engaged in, ✓ Residence of soldier at enlistment, Florida Montgomery Co. N.Y. Date of application for pension, Sep. 19, 1832. His claim was allowed. Residence at date of application, Florida N.Y. Age at date of application, 70 in 1832 in Florida N.Y.
Remarks: He was the brother of Daniel Mc Graw of [?]  No further family data
Respectfully,
Commissioner.

Reckon
11.051 INVALID.
File No. 11.051
John M c Graw Rev Rev War
Act: June 7 th 1832
Index:—Vol. A, Page 247
[Arrangement of 1870.]
1918 July 24. Visit to Marion M. Craig 28 Eagle St. Albany NY see letter in Daniel McGraw, 899-47

John M c Gran for A Pension

State of New York
Montgomery County ss John Mc Graw the applicant who signed the annexed declaration for a Pension in further specification & supple- ment to said declaration makes the following oath.
Personally appeared before me the undersigned a justice of the Peace of the Town of Florida - in said County John Mc Graw who being duly sworn, deposes 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 fourteen days I served as a private drafted from Captain Pittingals Company of Militia at a Block House at Saconaga in the first part of the year 1776 in the manner set forth in my former declaration; For twenty one  days I served in like manner at the Block House at Saconaga the same year being the second time that I was drafted. For fourteen  fourteen days I served in like manner at the Block House aforesaid the same year being the third time that I was drafted. For Seven days I served in like manner at the Block House aforesaid the same year being the fourth time that I was drafted making two months seven at the least, at Saconaga in the manner detailed in my former declaration. For One month as a private drafted from Captain Pittingals Company I served at the Johnstown Fort in the manner detailed in my former declaration being the first time that I was stationed at the Johnstown Fort. For Seven days I served in like manner at the Johnstown Fort the same year I was drafted. For twenty one days I served in like manner at the Johnstown Fort the third time I was drafted - For one month I served in like manner at the Johnstown Fort the fourth time I was drafted. For one month I served in like manner at the Johnstown Fort the fifth time I was drafted for that place and served the several periods in the manner detailed in my former declaration making in all the period of four months seven at the Johnstown fort. For one month I served as a private in Captain Snooks Company being drafted in the manner detailed in my former declaration at Still- water in the County of Saratoga before the at the time Battle was fought between the Army of General Gates & that of Burgoyne. For ten days I served at Stone Arabia upon an alarm in the manner stated in my said declaration in the drafted Militia. For twenty one days I served as a drafted Militia man at German Flatts in the manner detailed in my said declaration the first four drafted for that place. For twenty one days I served in like manner

8. 16 at the German Flatts. The second time I was drafted for that place. For one month I served in like manner at the German Flatts. The third time drafted for that place - For twenty one days I served in like manner 21 at the German Flatts the fourth time drafted for that place - For twenty 21 one days I served in like manner at the German Flatts the fifth time drafted for that place - For twenty one days I served in like manner 21 at the German Flatts the sixth time drafted for that place - That time this department lay in a Picket Fort and was engaged in scouting parties at the Several times he was drafted for the German Flatts this being a place that was frequently alarmed by the British Indians & Tories making in all his services at the German Flatts four months & twenty one days. 21 For twenty one days I served at Fort Plain as a drafted militia man the first draft - For twenty one days I served at Fort Plain in like 21 manner the second draft - For twenty one days I served at Fort Plain 21 the third draft - Making in all two months & seven days served at 14 Fort Plain. For fourteen days I served as a drafted militia man at Fort Plank; the first draft - For fourteen days I served in like man- 19 ner at Fort Plank second draft - Making one month seven at Fort 1 Plank. For one month I served as a drafted militia man at Fort Windesker the first draft. For fourteen days I served at Fort 14 Windesker in like manner the second draft - For twenty one days 21 I served at Fort Windesker in like manner the third draft - Making two months & seven days served at Fort Windesker. For fourteen 14 days I served as a drafted militia man at Fort Dayton first draft. 14 For fourteen days I served at Fort Dayton the second draft in like manner. Making in all one month at Fort Dayton. 1 For one month I served at Brownmans Creek in the manner related in my former declaration: For seven days I served at the Battle in Johnstown which took place between the forces of Col. Willet & Major Ross in the manner detailed in my said declaration - 21 For twenty one  days I served at Tropic Hill under Captain Knapp in the manner detailed in said declaration. For twenty one days I served 21 opposite Fort Plain in the cause of Oppenheim as a drafted militia man 19. 7 on guard in the manner detailed in my former declaration.

For one month I served at the Stone House below Fort Hunter as drafted militia man in the manner detailed in my former declaration
Subscribed & sworn to this Seventh day of June 1833
John M c Graw mark
Before me James Greenman Justices of the peace
Montgomery County ss I James Greenman the Justice of the Peace of the town of Florida Before whom the before named John M c Graw was sworn hereby certify that I well acquainted with said John M c Graw & that he is reputed to be a man of truth & veracity and I believe his statement in the foregoing affidavit to be true and that he was a Soldier of the Revolution & served as he states - And I fur- ther certify and am of the opinion & believe that said John M c Graw having nearly lost his eye sight & from bodily infirmity that he is unable to attend the Court of Common Pleas in said County. Dated this Seventh day of June 1833
James Greenman Justice of the peace

State of New York
Montgomery County ss I James Greenman a justice of the Peace of the town of Florida in said County hereby certify that I am well acquainted with Garret Newkirk who swore to the annexed Affidavit on the fourteenth sixteenth day of September 1832. That he is a credible person and that his statement is entitled to Credit Dated this 12 th day of June 1833
James Greenman justice of the Peace
State of New York
Montgomery County
Clerk's Office ss I George D. Ferguson Clerk of the Court of Common Pleas of Montgomery County do hereby certify that George Stine Henry Snook & Daniel M c Graw whose names are subscribed to the annexed Affidavit appeared before the Judges of the Court of Common Pleas of the County aforesaid the September Term thereof in 1832 and swore to the said Affidavit: And that the said Court have directed me as their Clerk to certify to the War Department that it is their Opinion that the said George Stine, Henry Snook & Daniel M c Graw are persons of Credibility & that their State- ments are entitled to Credit. And that James Greenman Before whom the annexed Amended declaration of John M c Graw purports to have been sworn was on the date thereof a justice of the Peace of said County. And that the said Greenman By whom the within Certificate bearing date the Seventh day of June 1833 and by whom the above Certificate bearing date the 12 th day of June 1833 were given was also on the respective dates thereof a justice of the Peace of said County and that his name subscribed to said Affidavit & Certificate respect- ively is Genuine
In testimony whereof I have hereunto Set my hand and Seal of Office this 12 th day of June 1833
Geo: D. Ferguson

Let my hand and heart of Affection this 12 th day of June 1833