Revolutionary War Pension and Bounty Land Warrant Application File S. 13,885, for Daniel Mc Michael, New York

SERVICE
NUMBER
New York
McMichael, Daniel
S. 13,885-
carded
CONTENTS

New York 8872
Daniel M c Michael
of Montgomery in the State of NY who was a Sergeant in the Com y commanded by Captain D e Mont. of the Reg t commanded by Col M c M c M c in the NY line for 2 years
Inscribed on the Roll of NY at the rate of 120. Dollars — Cents per annum, to commence on the 14th day of March, 1831.
Certificate of Pension issued the 1 st day of May, 1833, and sent to Giles F Yates. Simsbury. N.Y.
Arrears to the 14th of March 1833. 2 40 Semi-ant. allowance ending 4 Sept 1833 . . . 60
$3 00
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by George Taylor Clerk Book E Vol. 4 Page 25.
Died May 5. 1833. See letter to Isaac Lawrence. 21 Nov. 1833. Let to H. J. Yates, July 30. 1836

New York 8872
Daniel M c Michael
of Montgomery in the State of NY who was a Sergeant in the Com y commanded by Captain D e Mont. of the Reg t commanded by Col l M c M c le in the NY line for 2 years
Inscribed on the Roll of NY at the rate of 120. Dollars — Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 1 st day of May 1833, and sent to Giles F Yates. Schenectady. N.Y.
Arrears to the 4th of March 1833. 2 10 Pemi-ant. allowance ending 4 Sep r 1833 . . . 60
$3 00
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by George Taylor Clerk Book E Vol. 4 Page 25
Died May 5. 1833. See letter to Isaac Lawrence 21 Nov. 1833. L t to H. J. Yates, July 30. 1836

No 12.466
Dear Mr. Michael
G. F. Yates Schenectady N.Y.

BRIEF in the case of  Daniel M. Michael  County of Montgomery  in the State of N.Y.  (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge? Court  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?  3. How old is he? 73  4. State his service, as directed in the form annexed. 
   Period. Duration of Service. Rank. Names of General and Field Officers under whom he served.   Years, Months, Days.     Enrolled as a private in the Militia & shortly after In 1775 Spring 2 — — Serjeant Gen. Wm. M'Pherson , Capt. Coothout   " 77 Fall — — 15 do Same   Served from 78 Spring during the war 79 Fall as Serjeant (after this) — 3 or 4 hours Serjeant Capt. Coothout   " 80 — 1 22 do Col. Goerson , same Capt.   at different times 81 — 2 15 Volunt. Capt. Brickbreds Rangers   82 1 8 — Serjeant Capt. Fonda's Minute Men   at least do  
 5. In what battles was he engaged? none  He served from 1775 to the end of the war.  6. Where did he reside when he entered the service? Schenectady  7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls? Depositions  8. Are the papers defective as to form or authentication? and if so, in what respect? 
I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
Levin Bell
Examining Clerk.

Supreme Court Montgomery Co. Court
In the matter of the application of Dan M c Michael for a pension—
Proceedings &c
12. 466
N o 10.
To the care of
Giles F. Yates
Schenectady, N.Y.

1 State of New York Montgomery County } ss.
On this Nineteenth _____ day of September in the year one thousand eight hundred and thirty-two, personally appeared in open Court, before the Judges of the Court of Common Pleas in and for said County now sitting, Daniel M c Michael , a resident of the town of Glen in said County, aged seventy-three years and upwards, 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 con- gress passed June 7 th 1832.
He was born on the 15 th day of December in the year 1758, at the residence of his parents about seven miles from the city of Albany in said State. He has no record of his age except that contained in his family bible.
When he entered the service of the United States in the revolutionary war he was living in the township of Schenectady. Since the revolution- ary war he has lived in said County of Mont- gomery, and at present resides in the town of Glen aforesaid.
He entered said service under the following named Officers and served as herein stated -
In the spring of the year 1775,

he was enrolled as a private in the Company of militia in his beat commanded by Captain Abraham Oothout in the Regiment whereof Abraham Wemple was Colonel, & Abraham Swits and Myndert Wemple Majors.
Shortly after his enrollment in this Company he was selected by said Major Wemple as his servant, and was retained in this capacity for two years. Upon leaving this servitude in the year 1778 he was transferred to the company of militia commanded by Captain Jesse Van Slyck in the same Regiment of Colonel Abraham Wemple. His other Company officers were Francis Veeder Lieutenant and John V. Vedder Ensign. In this last named Company he received the appointment of orderly Sergeant & served as such till the end of the war. He was on some occasions placed under the command of other officers than those above named, as is herein after specified.
The first military excursion in which he remembers to have engaged, was to Fort Edward in the fall of the year 1777. He was in service in that quarter rising of two weeks previous to the surrender of Burgoyne. In the spring of the year 1778 he went out to the troops that had taken post at Fort Plank. He was here with a party of militia under command of Captain Oothout aforesaid, and remained at this post on duty between three & four weeks. In the fall of the year 1779, he was with the troops garrisoned at Fort Hunter. Colonel Goosen Van Schaick had then the command of this post. He remained here

2 three weeks. Immediately thereafter he was ordered out again to Fort Plank under Captain Oothout aforesaid, and remained there on duty between five and six weeks.
On one occasion when Sir John Johnson made a descent on the Mohawk settlements (the precise time he cannot recollect) he volunteered his services in Captain Brick-bardt's Company of Rangers (nine months men) in pursuit of said John Johnson, but he was not overtaken. He served in this campaign about seven weeks.
In the fall of the year 1780, when Ballston was burnt by the enemy, he volunteered in Captain Jellie's Fonda's Company of minute men, and served therein at that time about one week. The very next day after his arrival at Schenectady from this expedition, he was ordered out to Fort Herkimer and was out at that time about nine weeks.
When the enemy under Command of Major Ross appeared at Warrensburgh in the month of October 1781, a detachment of militia was ordered out to cooperate with the levies under Colonel Willett. He was with this detachment and served in this expedition about one week. He was at one time with a small detachment from the Companies of Captain Van Slyck & Oothout aforesaid under command of Major Wemple aforesaid to Beavertown in search of Tories who rendezvoused at that place, and he aided in securing seven of them. In this excursion he was out one week. He was four or five times at Fort Plank besides the time above referred to. At one of these times he had charge of the redoubt and ammunition there for some  some

weeks in succession. He was on duty twice at Schoharie. once at the lower fort under Captain John Mynderse & Ensign Nicholas Yates of Col: Wemple's Regiment aforesaid, as near as he can recollect for about eight weeks. At another time he was at Schoharie under Command of Major Veeder for about four weeks. He was at Clifton Park and places back of Ballston from the middle of October till some time in November 1781; also in the fall of the year 1782, with scouts of the militia under Command of Captain Abraham Van Eps and others in pursuit of a noted tory, Joseph Bettie and his associates. Said Bettie was subsequently apprehended and hanged at Albany as a spy. When not out in expeditions like those above named he kept guard at the military works of defence erected at Schenectady. He has also performed sentinele duty at the Colplaats about three miles northeast of Schenectady, and at other places there latter serves in all would make at least one year.
He has thus specified some of the particular periods in which he served. To specify them all, is out of his power as he made no memorandum of his services & did not charge his memory therewith. He can only say that in these different tours of duty he served his Country in the war of the revolution for a period in the whole exceeding two years and three months.
The following are the names of some of the regular officers who were with the troops where he served, or whom he knew, and such Regiments or Companies as he can recollect: viz Colonels Goosen Van Schaick, Cornelius Van Dyck Lieutenant Colonel, and the companies under their Command & Captain Johnson.

The following are the names of persons to whom he is known in his present neighborhood and who can testify as to his character for veracity, and their belief of his services as a soldier of the revolution. Said Abel & Henry Davis
He never received any written discharge from the service, & has no documentary evidence, but he can produce the testimony of Christopher Ward and James H. Park who can testify to his services, and their depositions are herunto annexed.
He hereby relinquishes every claim whatever to a pension or annuity except the present, and declares that his name is not on the pension roll of the Agency of any State.
Subscribed & sworn to this day & year first aforsaid - Daniel M. Michael
Geo: D. Ferguson Clerk
From Court

We Jacob S. Blute residing in the town of Glen ————— in said County of Montgomery ————— and Henry Davis a resident of the town of Glen ————— also of said County, do hereby certify, that we are well acquainted with Daniel Mc Michael who has subscribed and sworn to the above declaration: that we believe him to be seventy three years of age; that he is repu- ted and believed in the neighborhood where he resides, to have been a soldier of the revolution; and that we concur in that opinion.
Subscribed and sworn to } Jacob S. Blute the day & year aforesaid. } Henry Davis
Geo: D. Ferguson, 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 Jacob S. Blute who has signed the preceding Certificate is a resident of the town of Glen in said County of Montgomery
and further that Jacob S. Blute Henry Davis who signed the same is a resident in the town of Glen in said County of Montgomery and is a credible person and that their statement is entitled to credit

in said County of Montgomery
4 and further that James H. Davis Henry Davis who signed the same is a resident in the town of Glen in said County of Montgomery and is a credible person and that their statement is entitled to credit
George D. Ferguson - Clerk of said Court, do hereby certify, that the foregoing contains the original proceedings of said Court in the matter of the application of Daniel McMichael for a pension. In testimony whereof I have hereunto set my hand and seal of office, this 19 th day of September One thousand Eight hundred and thirty two. Geo: D. Ferguson

5. State of New York County of Schenectady } ss.
Christopher Ward of the City of Schenectady in said County, being duly sworn and examined, doth depose and say, that he is well acquainted with Daniel McMichael of the Town of Glen in the County of Montgomery in said State - That he this Deponent has been well acquaint- ed with said Daniel McMichael since the year 1770, and knows that he the said Daniel was enrolled as a private in the Company of militia commanded by Captain Abraham Oot- hout in the Regiment of Colonel Abraham Wemple in the year One thousand seven Hun- dred & seventy-five, and remained a member of said Company until the the year 1778, when as this Deponent believes he the said Daniel was transferred to the Company of Captain Jesse Van Horn in the same Regiment; at all events said Daniel McMichael continued to serve as a member of said Regiment until the end of the revolutionary war; this Deponent served also in said Regiment until the year 1780, when he joined the State Troops under Colonel Morris Gra- ham, yet is certified from the circumstance of his having seen said Daniel discharging his military duties in said Regiment of Colonel Abraham Wemple, that he did faithfully serve his Country in said Regiment until the end of said war as aforesaid - this Deponent was out with said Daniel McMichael in several campaigns

among the rest remembers to have performed garrison duty with said Daniel on three sev- eral occasions at Fort Plank, and also at Switzerburg & other frontier posts.
Subscribed & Sworn } Christopher Ward this 21 st Sep 1832, } before me — H. Strong J.P.
I H. Strong Justice of the Peace in and for the County of Schuylkill do hereby certify that I am Well Satisfied with Christopher Ward who Subscribed and Swore to the afore- said Statement and believes him to be a Man of Credi- bility whose Statement is Entitled to Credit H. Strong J.P.

6 State of New York County of Schenectady } ss
J. James H.
Put, late a Lieutenant in the army of the revolution, do hereby certify that I am well acquainted with Daniel Mc Michael of the town of Glen in the County of Montgomery in said State that I know said Daniel Mc Michael in the time of the revolutionary war, and know that he served in the Regiment of Colonel Abraham Wemple during said war. As I served in expeditions different from those in which said Daniel served I have no personal knowledge of his services in the different expeditions in which said Daniel engaged except that I remember to have seen him perform the duties of a sentinel at Schenectady and other military posts along our then frontier. I was in service with said Daniel in the year 1780, when Cughnawaga & other settlements on the Mohawk river were devastated by the British & Tories. I am certified however that said Daniel Mc Michael, discharged his duties as a member of said Regiment whenever they were required, and from my knowledge of the occurrences of that period, and the universal belief, I know his services were

constantly in requisition, and that he served his country faithfully during the whole of said war
Subscribed & Sworn This 6 th Day of September 1832
James H Peck
before me Wm Strong J.P.
I Wm Strong Justice of the Peace in and for the County of Schenectady do hereby certify that I am well acquainted with James H Peck who subscribed and swore to the above statement and believes him to be a man of credibility whose statements is entitled to credit Wm Strong J.P.
State of New York County of Schenectady } ss
I John S. Vrooman Clerk of said County, do hereby certify, that William Strong before whom the foregoing depo- sitions of Christopher Ward & James H. Peck purport to have been sworn & by whom the fore- going certificates were given, was on the day of the date of the same & is now a Justice of the Peace in and for said County - that I am well acquaint- ed with the handwriting of said William Strong sincerely believe that his signatures to said depo- sitions & certificates are genuine.
Witness my hand & seal of Office this sixth day of September Anno Domini (1832) One thousand eight hundred and thirty- two.
John S. Vrooman (Seal)

Rev. Amos
✓ 13.885 INVALID.
File No. 13.885
Daniel Mc Michael Sergt. Boer War
Act: June 7 th 1832
Index:—Vol. 1 , Page 248
[Arrangement of 1870.]

Daniel M c Michael, New-York Roll $ Per Annum - Pension Certificate issued May 1. 1833 - died 5 May 1833 - paid probably the later in November of that year.
Be pleased to say to whom the amt was paid - and how much?
Pension office } July 30. 1836 }
$ 260. 33 / 100 was paid to William B. Wallen the Attorney of the Widow JH
2-11-
240
22.

No 12.460
Dan McMichael
Giles F. Yates Schenectady N.Y.

BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of Daniel M c Michael which require further proof or explanation.
I. Does the declaration show where the applicant resides? yes II. Did the declarant make the declaration in the county where he resides? yes III. If the applicant did not make the declaration in the county where he resides, is there any reason assigned for his not doing so? IV. Has the declarant mentioned the period or periods of the war when he served? yes V. * Has he mentioned with precision the length of his service, and the different grades in which he served, in language so definite as to enable the department to determine to what amount of pension he is entitled? yes VI. Has he given the names of the officers under whom he served, in conformity with the regulations? yes VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832? yes VIII. Has the Court given their opinion? yes IX. Has the Clerk given his certificate? yes X. Is the Clerk's seal affixed? And if so, has it a device or inscription by which it can be distinguished from any other seal? yes

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

It is important in all cases to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state they served two years in the militia, &c. without specifying the tours; the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must in every case be clearly shewn under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
† QUERE XIV.  Proof of Service.
In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses, who are required to set forth in their affidavits the time of the claimants entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
‡ QUERE XVI.  Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other paper authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
¶ In every case where the clerk of the court, or other certifying officer, has no public seal of office, the certificate of a member of congress, proving the official character and signature of the certifying officer, should accompany the papers.

Feb 17.
10
Mr. Michael
My wife
8872
J. L. Edwards Esq Commissioner of Pensions War Department Washington D.C.

Schenectada Feb'l 10 1838
(Confidential)
J. S. Edwards Esq. Commissioner of Pensions Dr. Sir.
During the year 1833 & subsequent thereto, I made out about 150 applications for pensions under the act of 7 th June 1832. Some of the applicants who were very poor, I charged nothing more than actual expenses, about $7, or $10. My average charge was about $15 - a few I charged $25 or $30. In no case did I go beyond that amount. With all these applicants I never had any difficulty, nor was any dissatisfaction expressed, except one. This one one is the case of Daniel Mc Michael His pension certificate arrived after his decease . It was therefore necessary to have obtain evidence in a Court of Record as to the time of his death & that he left a widow &c. As his widow resided in the County of Montgomery this evidence had to be obtained there. To save expense to the widow, with her concurrence I engaged David F. Sacia Esq of Canajoharie to attend to this business for her, which he did, and also drew her power of attorney &c to draw the money. For

For his expenses, attorney's fees & charges of Court $15 or $20, would not be an unreasonable fee - which is about the amount charged. At the request of the widow I forwarded the money in advance to Mr Sacia. There was some delay then in procuring it, for the reason that there was then no Pension agent at Albany (but at New York). In sending on the money I deducted my charge $15 or $20. I cannot now remember which & $20 money loaned by me at different times to Mr Michael while living - who whenever he came to Schenectady, was sure to tease me out of a few Dollars on the strength of his forth- coming pension. The whole amount rec- eived was about $266 - out of which deduct my advance $45
& Mr Sacia's charge say 16 - 61 would leave about $200 for the widow. This amount Mr Sacia assures me he paid the widow or her agent in two sums $150, & $50 - she alleges that she has received only $150. I considered the matter settled long since - and if there were any thing wrong I deemed it a matter between the old lady & Sacia, with which I have nothing to do. Two or three years after the transaction, she has presented me conversed with me on the subject - having occasion a few weeks after to go to New York, I ascertained there the amount received $266 - when I came

home I gave her a statement of it, together with all expenses, &c as before given. Instead of looking to Lucia, she has been advised by council to look to me & has actually commenced a suit against me (the first time I have ever been sued in my life) and Mrs Lucia has being my only witness, has undertaken to battle it out with her. I offered $30 to settle it but she or her advisers would not hear to it.
I have been informed that you have been written to, for the amount of pension money received in this case, and as you will find my name connected with the proceedings, I have deemed it my duty to give you the foregoing facts that my character may not be injured in your estimation, & that you may "put the saddle on the right horse"
Very respectfully
Yours obliged servt
Chas H. Wood

Charleston S. Carolina
July 26 th
July 30
Edwardes Esquire
Chief Clerk, pension office
Washington City
Dear Sir

Sir:
I am requested by the widow of Daniel M c Michael a pensioner deceased, to inquire of you, what was the amount of pension allowed to the said Daniel M c Michael and when was the money paid, and to whom was the money remitted, and also whether there is any, and if any, what amount due to the deceased, or whether the whole amount due to him has been paid. M c Michael died shortly after he was enrolled on the pension list, he resided at that time in Root, Montgomery County. N. York.
The widow informs me that all she has received from David H. Lucia is one hundred and fifty dollars, three years ago. She has been, and is yet, a vast deal of friend committer with the pension fund. The poor old pensioners in my opinion, from what I can learn, don't get (at least none of them) more than half the amount allowed them. Your answer is respectfully solicited, address me to "Orillia post office Schoharie County New York."
June 23 rd 1836.
respectfully
yours
Danny J. Yates
Mr. Edwards Chief Clerk Pension Office Washington City