Revolutionary War Pension and Bounty Land Warrant Application File S. 23729, for Witter Johnston, New York

SERVICE
NUMBER
New York
Johnston, Witter
S-23729
CONTENTS

H. H. Deyl v. ...
May 2/51
July 21, 1851 (Biscator)
H. H. by order March 27, 1852.
24387 New York
William Johnston of Sidney in the State of New York who was a Lieut. Col. in the Comp y commanded by Captain Whittaker of the Reg t commanded by Col. Coy in the New York line for 6 months private. 15 months Lieutenant
Inscribed on the Roll of New York at the rate of 220 Dollars — Cents per annum, to commence on the 4th day of March, 1834.
Certificate of Pension issued the 7. day of Dec. 1833 — and sent Hon. S. Page 40 Repn
Arrears to the 4th of Sept. 1835 — $550.00 Seriant. allowance ending 4 Oct 34 110.00
$660
{ Revolutionary Claim, Act June 7, 1832.
Recorded by M c Grath Clerk Book E Vol. 4 Page 63

State of New York Delaware County S.
I Edwin Mose Gurney of the County of Delaware in the State of New York do hereby certify that subjoined proof has been made before me the said Gurney by the testimony on oath of Hough C. Johnston and Charles G. Rogers who are credible witnesses and whose affidavits are hereto annexed, that William Johnston who was an officer in the Revolutionary War died on the fourth day of October in the year one thousand eight hundred and thirty nine at his place of residence in the town of Sidney in the said County of Delaware, that he was at the time of his decease a Pensioner of the United States under the act of Congress of June 7 th 1832. That he left one widow, and that Hough C. Mary J. wife of John Baxter, James H. Milton, Francis widow of David Stone & Martha Jane Johnston are the only children of the said William Johnston now living and are each over twenty one years of age. In testimony whereof I have hereunto subscribed my name and affixed the official seal this 22 d day of March A D 1849
Edwin Surrogate

Sunnyside Office Delaware County S. p. Hugh C. Johnston being duly sworn, deposes and says that he is the son of William Johnston deceased, who formerly resided in the town of Sidney in Delaware County in the State of New York, that said William Johnston was a Pensioner of the United States under the act of Congress of June 7, 1832. that he died on the fourth day of October 1839. at his residence in Sidney aforesaid, and that only children of said William Johnston now living are the deponent, Mary J. wife of John Buxton, James H. Johnston, Milton Johnston, Francis Hovey widow of David Hovey & Martha Jane Johnston, who are all above the age of twenty one years.
Sworn & subscribed before me } the 22 d day of March 1849. }
Emory Surrogate
Hugh C. Johnston
Sunnyside Office } Delaware County S. p. Charles S. Rogers of the town of Sidney in said County of Delaware being duly sworn deposes and says that he was well acquainted with William Johnston of the town of Sidney aforesaid, that he was a Pensioner of the United States under the act of Congress of June 7, 1832 & that he died on the fourth day of October 1839. at his residence in said town of Sidney and that the only children of the said William Johnston now living are Hugh C. Johnston, Mary J. wife of John Buxton, James H. Johnston, Milton Johnston, Francis Hovey widow of David Hovey & Martha Jane Johnston who are all above the age of twenty one years. -
Sworn & subscribed before me the 22 d day of March 1849 -
Charles S. Rogers
Emory Surrogate

State of New York County of Delaware
On this Eighth day of October One Thousand eight hundred and thirty two
Personally appeared in open Court before the Judges of the Court of Common Pleas now sitting at the Court House in Delhi in the County aforesaid said Witter Johnson a resident of the Town of Sidney in the County aged seventy nine years who being first duly sworn according to Law doth upon his oath make the following declaration in order to obtain the benefit of the Act passed the 7 th June 1832 -
That he entered the service of the United States as a Volunteer in the year 1777 and served as herein stated - Viz -
For several years prior to the year 1777. he resided with his Father's family in the Town of Sidney aforesaid. They were driven off in the forepart of the Summer of that year by the Indians under Brant and went to Cherry Valley. Shortly after which Genl. Herkimer was sent with a party of Militia down the Susquehannah River in order to check Brant's depredations.
He volunteered as a private in the Militia who attended General Herkimer during this excursion - went with him to the place of his former residence and was present at the time Brant met Genl. Herkimer under a flag of truce and held a conference. This meeting took place in the immediate vicinity of the farm upon which he had before resided. Genl. Herkimer returned immediately after the conference with his forces to Cherry Valley. Soon after this Genl. Herkimer again marched with the Militia for the purpose of relieving Fort Stanwix - when He again volunteered his services and served during that expedition on a Company of Militia commanded by Capt Whittaker in Col. Cox's Regiment. In this expedition Genl. Herkimer was mortally wounded and Col. Cox was killed. He returned with the Militia upon the termination of this expedition again to Cherry Valley - and was occasionally engaged during the latter part of the season in exploring or scouting parties and remained there with his Father's family. (His Father being the Officiating Chaplain at that

time for the troops stationed there) during the winter ensuing, occasionally performing Garrison duties & still under the command of Capt Whetstone and continued actively employed through the Spring ensuing performing Garrison duties and labouring with the troops in fortifying the place until some time in the Summer (the precise time he cannot state) - when he was engaged as an assistant deputy commissary for the Garrison - and remained in this capacity up to the time when Cherry Valley was captured and destroyed by the enemy - At that time Col. Aldea commanded the regular forces stationed there and was killed in the attack and the Lieut. Col (Stacy or Statia) taken prisoner - Immediately upon this event - He went to Schenectady and remained there until the Spring of the year 1780 - when He moved to the Town of Florida in Montgomery County - In the course of this season he again volunteered in the Militia in a company commanded by Capt David McMaster - and was stationed at Fort Plain when Sir John Johnson made his incursion on the Mohawk River - when they immediately marched against him - in a Regiment commanded by Col Fisher - and followed him until after he fled from the Mohawk until he crossed the head waters of the Unadilla was River - when the pursuit was abandoned - In the course of this excursion he was engaged in the battle immediately preceding Sir John Johnson's crossing the Mohawk - In the fall of the year 1780 - He again volunteered in Capt McMaster's company (at Florida) - Col Witter then having the command of the Militia - and marched to Johnstown and was there during the battle with the British Tories & Indians under the command of Major Ross - and went from there to Fort Herkimer - and from thence marched to the North through what was called Turkey Roads - until they again fell in with Ross's party and captured his rear guard - and pursued them until they crossed North Canada Creek where the Tory Capt Butler was killed in a skirmish - and followed until the next night when the pursuit was abandoned - and he again returned to Florida and remained there until the month of April 1782 - That in making the preceding statement he has had no historical data to refer to - and had made the same from

memory alone. We cannot therefore state nor will he undertake to state how long he was actually engaged in the Militia during the time aforesaid. We further states that in the month of April and he verily believes on or about the first of April 1782 he again entered the Service as a Second Lieutenant in Capt. Frenchs company (of New York State troops) in the Regiment commanded by Col. Marinus Willet and served in said company nine months - when he was transferred to the company of Capt. Peter B. Pierce in the same Regiment - and served in said company until the fourth day of January 1782 (according to the best of his knowledge and belief) when he was discharged at the city of Schenectady. During the latter part of this time however and while he was in Capt. Pierce's company the Regiment was reduced to a Battalion under the command of Major Van Burenhoten and he then ranked as an Ensign . A considerable part of his time while thus serving as a Lieutenant was spent in exploring parties on our then frontiers. He was with Col. Willet in February 1783 in his excursion against Fort Orany and was one of the Corps that escorted Genl. Washington from Fort Herkimer to Fort Stanwix, - in the summer or fall of 1783 as he believes His field Officers were Col. Willet & Majors Van Burenhoten and Andrew Fink - under whom he served for one year and nine months as a Lieutenant and Ensign as aforesaid - but he cannot designate the time he served in each capacity - He first entered the Service as a Lieutenant as a "nine months man" - and without leaving the Service at the expiration of that time again engaged as he believes for three years. During his services as aforesaid he marched through what were then called League - knowaga - Johnstown Cannajoharie - Curny Town &c - and was at Fort Herkimer Fort Schuyler - Fort Plain - Fort Clark - Stone Arabia &c - and in fact traversed most of not all of our then frontier settlements and Posts aforesaid in the vicinity West of Schenectady. He was acquainted with the following Militia officers during his services prior to his being commissioned as aforesaid - viz Col. Cox - Col. Fisher - and Col. Campbell - after being commissioned (besides Col. Willet and Majors Van Burenhoten and Fink) He recollects among those with whom he served and who were in Service - Captains - French - Pierce - O'Conner -

Young - Newel - Wright - Cannon - Henry & Harrison - Some of these were "Nine months Men" - among those who continued in Willets Regiment after the Nine months - were Captains Pierce, Cannon - Newel - Conner & Harrison - according to the best of his recollection -
Among the Continental troops with whom he served (in the winter of 1782 Summer of 1783 in the expedition against Onondaga) - there was one Regiment he believes from Massachusetts New Hampshire commanded by a Col. Reed - He recollects a Capt. Cheney and a Capt. McGregor in said Regiment - There was also an other Regiment from Rhode Island which joined them on the march to Fort Oswego - It being however a forced march in very severe weather and as they left that part of the country immediately after this excursion he became but little acquainted with them and cannot pretend to any distinct recollection of the names of the Officers -
He further states that he was born in the year 1753 - on the 30 th of - September as he has always understood and believed - That he has no other documentary evidence of his age - except an entry made by his own direction many years since in his own family Bible - He was born in the Township of Schenectady in the State of New York - His Commission was signed by George Clinton Governor of the State of New York - Its date he does not recollect - He delivered it to James Coolwell of the City of Albany - to whom (and at the time when) he sold his Military Land - He has no documentary evidence, but can produce the testimony of several persons who can testify to his services - He has already stated the time and manner of his entering the service as well as the names of the officers with whom he served -
The following are the names of some of the persons to whom he is known in his present neighbourhood and who can testify to his character for veracity and their belief of his services as a Soldier of the Revolution to wit - James Houghton - Henry Bradley - Charles S. Rogers - John Bayler Edgums and Josiah Thatcher. (late a Town Clerk) - of Sidney

Isaac Wayes Esq: Post Master - Sherman Page - and Henry Ogden Esq: &. Attorneys at Law - Curtis Noble and Arnold B. Watson Merchants - Unadilla (adjoining the Town of Sidney) and Abijah H. Beach of - Unadilla aforesaid (and late a Judge of Otsego County) - He hereby relinquishes every claim whatever to an annuity or pension except the present and declares that his name is not on the pension - Roll of the agency of any State - Subscribed and sworn to the day and year first aforesaid - C. B. Sheldon Clerk.  William Johnston
We Samuel G. Orton. late of Sidney (where he officiated as a clergyman) and - now residing in the Town of Delhi - in the County of Delaware and Josiah Thatcher of Sidney aforesaid - of Abijah H. Beach, residing in the (near Sidney aforesaid) - Do hereby certify that We are well acquainted with William Johnston who has subscribed and sworn to the above de- claration that We believe him to be Seventy Nine years of age - that he is reputed and believed in the neighbourhood where he resided to have been a Soldier of the Revolution and that We concur in that opinion Sworn and Subscribed the Day and year aforesaid - C. B. Sheldon Clerk.  We further certify that he is a man of strict truth and veracity -  Samuel G. Orton Josiah Thatcher Abijah H. Beach

And the said Court do hereby certify 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 served as he states and the Court further certifies that it appears to them that Samuel G. Orton who signed the foregoing Certificate is a Clergyman that he formerly resided in the Town of Sidney in the County of Delaware and is a resident in the Town of Delhi at present. — and that — — Josiah Thatcher — who — signed the same was and that Abijah H. Beach resided in the adjoining Town of Unadilla resident in the Town of Sidney aforesaid, — and are credible persons and that their statement is entitled to credit. —
I Cranford B Sheldon Clerk of the Court of Common Pleas of 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 William Johnston for a pension.
In testimony whereof I have set my hand and Seal of Office this Eighth day of October One thousand eight hundred and thirty two.
C B Sheldon Clerk.

State of New York Delaware County ss - 3
Hugh Johnston of the Town of Sidney in the the Subscriber one of the County of Delaware aforesaid being duly sworn in open Court before the Judges thereof this twenty ninth day of June September 1832
Says that he is sixty nine years of age. That he is a Brother to Witter Johnston. the person meant and intended in the annexed declaration &c.
That during the War of the revolution he resided and continued with his Father's family - at Sidney - Cherry Valley - Schenectady - and Florida the places named by the said Witter Johnston in his statement hereto annexed and that he has since the War constantly resided in the Town of Sidney in the County of Delaware - upon a farm adjoining his Brothers - being part of the one occupied by his Father prior to the War - That He has carefully examined the statement made by his Brother the said Witter Johnston - and will me remembers his being engaged in the several enterprises related by him prior to his receiving a Lieut. Commission. That he the Deponent did not enter the Service personally and in respect to his personal knowledge of the facts can only say that he knows of his having left home - of his being absent - and returning - at the several times and upon the occasions when the Militia were called out and engaged in the several enterprises set forth in the annexed statements of the said Witter Johnston - and that he is as confident of the fact of his having served as set forth in said statement as he could be of any fact - without being actually with him at the time of such service - That in the Spring of the year 1782 the said Witter Johnston entered the Service as a Lieutenant in Mott's Regiment and continued in the same until the troops were finally disbanded after the close of the War The precise time he cannot recollect - nor does he recollect what company or companies he then belonged to or served in as a Lieutenant -
Sworn and subscribed this twenty ninth day of September 1832 before me Amos Doolittle one of the Judges of the County Courts of Delaware County
Hugh Johnston

I do hereby certify that Hugh Johnston whose name is subscribed to the within affidavit is personally known to me as a credible person - That at the time he subscribed to the same and was sworn before me He was too infirm in my opinion to attend Court - and that I believe him still incapable by reason of his infirmities - of attending the present Court - October 2 - 1832 Amos Douglass Judge of Delaware County
State of New York } Delaware County }
I, Crawford B. Sheldon Clerk of the County of Delaware do hereby certify - That Amos Douglass Esquire before whom the foregoing affidavit purports to have been taken and sworn to was on the date thereof and still is a Judge of the County Court of the County of Delaware aforesaid - that I am acquainted with his hand writing and verily believe his name subscribed to the said Affidavit and to the above certificate to be his proper hand writing and signature - Witness my hand and Seal of Office this 8 th day of October 1832 -
C. B. Sheldon Clerk

Revolution
23729 INVALID.
File No. 23729
Witter Johnston Lieut Gen War
Act: June 7 th 82 nd
Index:—Vol. 2 , Page 212
[Arrangement of 1870.]

Mr Johnson
1000 05-32
Mr. Popham
Mr. Seale
J. E. Heath Esq Cannon Row Washington St H.C.

Albany 4 July 1782
Colonel Elliott's Orders
His Excellency the Governor having directed that the companies of such Officers as have furnished their Quotas of men for the two and three years services be completed out of the Levies and that the whole of the two years men and Levies raised in this Quota be incorporated and formed into one Regiment to be completed Agreeable to the Continental Establishment
2
37 21 1/2
And it appearing that three of the Captains who where to raise men for two years on Bounties of unappropriated Lands have furnished their Quotas of men - and inasmuch as the whole of the two years men and Levies is not more than sufficient to complete one Regiment to consist of nine Companies; three Companies of Levies must of course become United with the men of those Companies and be annexed to such Companies as have not their Quota and the Officers become Seconded the following Officers are to form the Corps for this Regiment of Levies and men raised for two and three years incorporated together
Captains
 Abraham Livingston  Jonathan Darrow  Abner French  Jobe Wright  Guy Young  Joseph Mansfield  Peter McNamee  James Cannon  Simon Meevel 
Subalterns
 Victor O'Callaghan  John Thornton  Guilliam Francis  Abraham Van Eyck  Duncan Campbell  + Peter Van Buren  + Peter Doan  King Moore  Thomas Sharner 
Subalterns
 Joseph Mitchell  Matthew Smith  George Smith  Israel Young  Oliver Church  John Shaffer  Robert Shaffer  John Milton  + Peter Johnston  + Laurence Smith  John Mansfield  James Smith 
Mann Off Sub. Levies 1782 July

Capt Henrys Company is to be attached to the Companies of Capt. Daniel French Young Pierce & Howell Capt Grays to Captain Harrison & Cannon and Capt. Welfes to Capt. Livingston & Wright —
The Officers Commanding Companies are immediately on new forming of the Companies to send returns of the strength of their Companies to the Adj t at Schuylkill together with the names of the men they received from the Companies that become annihilated at which time the Adj t must attend to receive them and must them into a Regimental the turn and Major Shank will will attend the Quarters of each Company to inspect and Muster them for the Months of April May & June —
For the time to come very particular care is to be taken by Officers Commanding Companies to have their Monthly returns filled up on the Last Day of every Month and forwarded to the Quarters of the Adj t at Schuylkill the names of any that have Died Deserted killed or taken Prisoners must be inserted on the Back of the return —
These returns must be regularly forwarded to the Quarters of the Adj t at Schuylkill the beginning of every Month no excuse for negligence of this Business can be admitted
My Order of Colonel Miller yells Friend Adj t

13943
asmt 15 mo. Lieut. 6 mo. priv.
Service as Ensign recd. after the war dais allowed

Diele Vöstergera von einem glatten Blatt Papier
in command after descent
on a voyage from the 10 to the 30 th of April
command at albang
sick in the gen l Hospital in allay

Fort Menden 30 Jan y 1883
Sir You will March All the Men Under your command to this point with all possible speed together with their baggage etc.
I am Sir Yours &c. E. Brannan
Genl Johnson

John Davie has permission to stay at Johnstown until further order. - You will draw provisions for him with the men under your command.
1702
Fort Kingfeather 20 th Jan y 1703
M c Whitt
Lieutenant Peter Johnson —

Fort Menselear 15 th January 1703
Ms. 1702
This will be handed to you by Abra m Van Horn Esq r who has promised me to explain to you a device I have of getting you to traffick in hides we have at this place for leather. The kind of leather and every thing else necessary for you to know respecting this business I have mentioned very particularly to Mr Van Horn which you therefore to confirm to what he may direct in this business without the least loss of time - Capt Common tells me there are some shoes that belong to the publick at Johnstown - you will enquire very particularly by how many pairs they are and what condition they are in and then make me acquainted with it.
I am Sir with much esteem Yours very humble Servant W. H. H. H.

Fort Bragg Dec 22 nd Dec 1862
Sir
You will repair with the men you have in charge to Johns-Town, where you are to take post until further orders - you are to keep out small scouts to-wards and beyond the Secondoga or any other Gap through which you may have reason to appre-hend any parties to or from the enemy may make their route - as the district in which you are to be posted is inhabited by a number of Disaffected persons you are watchfully to observe

Their conduct - And endeavor to find out any Intercourse they may have with the enemy -
Captain Cannon will leave a carefull Sergeant and Corporal with three good men from his company with you to reinforce your Command -
On your Arrival at John- -town you will communicate my Orders to Captain Cannon to march the whole of his Compa- ny now at Johnston except those I have directed to be left with you to this place - Together with the Detachment of Artillery and field piece which are

hastened there. And to have all the Ammunition and other Stores conveyed belonging to the Publick conveyed from Johnstown to this place — —
I am Sir your very humble Serv t M c Neill Colonel Commandant
Lieutenant Johnson —

Fort Haverberg 16 th March
10-1702
Instruction for Lieut. Johnston of New York State Service you will take under your command two Privets and four corps from this Post to Admastes Place and make all the discovery you can of the Enemy if you should discover any large Party you will give me the Earliest Information.
Oliver French Capt.
Commandt.
Lieutenant Wm. Johnston

Paden Mills 11 th August 1702
1702
You'll meet me at this Post to Morrow Morning 6 o'Clock in Order to Proceed to your Master Post. If your Men are here at 1 o'Clock afternoon in the will be time enough as I expect to have our Post Compleat & Muster them at that time
Order all the Men that can march to be here. Lieu t Johnson.
I am Sir Yours in haste Andrew Leitch Maj r (Signature)

25
Fort Purvis Aug 5 1702
July 10 - 1702
You will immediately after the Receipt hereof send one Philip Phillips a Soldier in your Company to His Excellency Blochhouse by Order of Major
Rosebraton Colonel of Foot
Lieut Johnson

Tadoussac July 10 - 1702
Sir
You will immediately send me Furguson and Chapman down with Mr. Beavers to Schomastady as they belong to Capt. Boiron. Now I am of course
Levett Johnson
Recd at Tadoussac

Johnstown 14 June 1782
to the Hon. Genl. Washington
Sir You will March the Men Under Your Command to Fader Mills tomorrow where you will receive further Instructions
I am Sir Your Obt Servt
Genl Johnson
E. Brumstedt

You are hereby directed to enter upon the area of Recruiting Soldiers for the Two Regiments directed to be raised for the defence of this State, agreeable to two Acts of the Legislature passed the 20 th March 1781. and 23 rd March 1782. — You are to offer an encouragement to Volunteers a right to five hundred Acres of unappropriated Lands, which Land they will be intitled to receive at the Expiration of their times of Service without fee, reward, or Quit-Rent reserved agreeable to the before recited Act of 20 th March 1781. — And as a further Encouragement for recruits to enter into this Service, the Public engages to Arm, Accouter, Subsist, and pay them in the same manner with the Continental Troops in the Service of the United States — But they are not to Serve out of the State without the consent of the Governor, or the person Admi- nistrating the Government of the State for the time being.
You are authorised to enlist Men for this Service out of the present Series upon Condition of their engaging to serve two Years from the first day of January next unless sooner discharged.
Should any person willing to enlist for the Term above mentioned prefer money to the Lands several Gentlemen who are desirous to to Encourage ment the Enlistment have engaged to pay to Each Recruit Sixteen Dollars as soon as they are mustered, and will take the gratuity in Land offered by the State for the money — And for your own trouble and expence you may be at in this business you shall receive two Dollars for each recruit you may engage on the Cash bounty
Lieut nt Johnston
M c Williams Col o Commandant

Otsego County ss - Witness Johnston - The foregoing applicant named in the annexed Declaration and papped (for the purpose of explaining certain matters referred to and set forth in said declaration &c) being - duly sworn - Doth further testify and declare - That as to the length of time he served in the different grades mentioned in his former declaration - it is impossible for him from the frailty of his Memory to state the same with certainty - That he can and does say that he is certain that he served as a private in the Militia - as he before stated - for at least Six Months - That he is certain that he ranked and served as a Lieutenant for a period of not less than Fifteen Months - (that in making this estimate in order to guard against calling the time too long - he computed it from the 1 st of May 1782 instead of the 1 st of April in that year - up to the first of August 1783 -)
That he served during the residue of the time from the 1 st of August 1783 to the 4 th day of January 1784 - (when he was discharged) - as a - Commissioned Officer - but cannot say when his services as a Lieutenant actually ceased - nor consequently when those of Ensign commenced - He served as he verily believes a part of this time as a Lieutenant but to guard against any mistake (or embarrassment) as to this part of time - he is willing that the five Months and four days - shall be fixed upon as the time he ranked and served as - Ensign
As to a Commission - He says that he has no knowledge of ever actually having had one as Lieutenant - or that such a Commission was in fact ever issued for him - That at the time he entered the service as an officer - Col. Willet promised to obtain him a Lieutenant's Commission - and he accordingly entered the service

in that capacity and continued to serve therein as he has before stated.
He further states that since the return of his papers from the Pension office - He caused search to be made in the Secretarys office of this State relative to his commission and for the Muster Roll or Return of Col. Willets Regiment with directions in case it could be found to have such extracts taken therefrom and Certified and sent to him as to show the grades in which he served and the length of time he served in each - That he received an answer in substance stating that Willets Muster Roll or return was not to be found in that Office and that from an examination of the Records of the Council of Appointment no Commission of a higher grade than that of Ensign had ever been issued for him - That He being disappointed in the evidence expected - He was induced a short time since to make a search among his old papers to see if any thing could be found upon the subject - That in an old Chest which had long been put aside and neglected and among the papers which had lain therein so long as to be entirely forgotten - He found the papers and documents thereto annexed - That the said papers and documents have not been altered in any respect (except wear and decay) from the time he originally received them to his knowledge or belief -
Witter Johnston
Sworn & Subscribed
Mar 26 A.D. 1833 Baskin
Mr Sherin Page Judge of the County Courts for Ohio 6th Dist.

Fort Schuyler November 3 rd 1783
Nov 1783
D. Sir
I send by John Caster your M ts . and the papers of the Company agreeable to your request I keep your knife & two forks till I come down myself I send you your small bundle of blue cloth your blanket was taken out of your Tent a day or two after you went away & Custer & Stillman never could give me any account of it. if you have any opportunity of sending home pray inform my friends that I am well my compliments to all Inquiring friends. I remain
D. Sir
Your humble Serv t
J. B. Thornton
To Lieut. Johnston
In your muster Rolls be particular in mentioning the time of the exchange. I send you a Letter I received from Capt. Terse to assist you in making your Muster Rolls

Fort Renselaer August 27 th 1783
D r Sir
I take this opportunity to inform you that You will be pleased to make out Two Muster Rolls as a desertion took place after I had made mine out, & not having time to Recopy the same as you may observe in this Roll I now send you the Casualties is herein expressed Excepting those Men that will be on Command at fort Renselaer with me. what men I know not certainly by name at present but those that are present you may put them under my Command at this post unless you receive further intelligence Endeavour to get your Number of Tents according to your N o of Men & furnish them in every respect with what is due to them as some Tents are better than others try to get the best. The Liquor Bills you will receive & take care of. being unwell, am detain'd here for further orders. I am D r Sir
Your Obedient Serv t — J. M c Whorter
To Lieut. Johnston

Fort Ransdell 24 th May 1703
You'll proceed with the party under your Com d ? and convey the Publick Boats at the Ferry (leaving one for the Use of the Garrison) and all the other Publick Boats that you may find in the River between this place & Scho- -nately and Deliver them to Henry Glen Esq r . at that place. You'll from thence proceed to the Killenburgh and endeavour to apprehend a certain Peter Luce Corp d Mann, a certain supposed to be Lash, at Albany Bush & Joseph Clements, and convey them to this place, if you should meet with any Deserters from the Reg t . you will cause them to be sent to the Reg t . with all possible Des- -patch. I wish your success, and
I am for Your Humble Servant
Andrew Finch May 24 th 1703

North Johnston Dr J. A. T. W. off
+

County of Schenectady ss
I, Ellis A. Fonda of the City of Schenectady, in said County, make oath, & saith that he was well acquainted with William Johnston referred to & described in the pending doc- uments, that said William Johnston served as a Lieuten- ant in the Regiment of Colonel Willett in the years One thousand seven hundred & eighty two & one (thousand seven hundred & eighty three), in manner set forth in the documents aforesaid, but whether said Johnston served longer than the month of October in the year last named, as this deponent was then dischar- ged from the service, but this deponent well remem- bers that said Johnston commenced service in the month of April in the year first named.
Subscribed & sworn this 2nd of June 1832
Ellis A. Fonda

Wittu Johnson
NY
Adae Sm 7. 32
Re by Col Sylvester Jan 28-57

I have this day filed and proof in the case of William Johnston v. W y Act. June 7. 1892. adm d and wish to see his papers.
H. H. Sylvania. July 25-1897

guages of the war of 1812 - and on this occasion Witter Johnston, a resident of the Town of Sidney in said County of Delaware, aged about seventy nine 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 th 1832.
That he was born in the year one thousand seven hundred and fifty three, but the month and day of the month he cannot give, as he has no record of his age. The place of his birth was in the town of in the County of  in this State
At the time he entered the service of the United States, he resided in the town of Florida in the County of Montgomery in said State - he has lived since the revolution- ary war and now lives in the aforesaid Town of Sidney. That on or about the day of April - one thousand seven hundred and eighty two he entered the service of the United States as a volunteer under the following named officers and served as herein stated, for the period of one year and nine months to wit, until the first day of January one thousand seven hundred and eighty four - when he was dis- charged and left the service at the City of Schenectady in said State.
He entered service at the time aforesaid as second Lieutenant in Captain Greene's Company of State Troops under the command of Colonel Marinus Willett and served therein according to the best of his recollection for the term of nine months when he was transferred to the Company of Captain Peter B. Pierce in the same Re- giment of Colonel Willett, and served in said Company of Captain Pierce until the first day of January one thousand seven hundred eighty four - when he was discharged - His field officers were Colonel Willett & Majors Van Bunschoten and Andrew Finch, during the latter part of the above period in which he served as above stated in Captain Pierce's Company, the Regiment aforesaid was reduced to a Battalion under the Command of said Van Bun- schoten, and he then ranked as Ensign.
A great proportion of his time was spent in small exploring detachments on our then frontiers. He was with Colonel Willett in his winter excursion against Fort Oswego, and was one of the corps that escorted general Washington from Fort Herkimer to Fort Stanwix - The following are the names of some of the regular officers, whom he knew, and who were with the Troops where he served -

of persons to whom he is known in his present neighbourhood, and who can testify as to his character for veracity, and their belief of his services as a soldier of the revolution to wit,
He hereby relinquishes every claim whatever to an annuity or pension except the present, and declares that his name is not on the pension roll of the agency of any State.
Subscribed and sworn to the day and year first aforesaid.
Witter Johnston NY
We residing in the town of _____ in the County of Delaware, and residing in _____
do hereby certify, that we were well acquainted with Witter Johnston who has subscribed and sworn to the above declaration; that we believe him to be seventy nine years of age; that he is reputed and believed in the neighbourhood where he resides, to have been a soldier of the revolution, and that we concur in that opinion.
Subscribed and sworn to the day & year aforesaid —
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 _____ who signed the preceding

Having filed in the Office on the 25th day of Jan'y 1857 a letter @ and proof in this case, @ also a request on behalf of the parties on the 19th of the same month to examine the papers, which I did, I can hardly think that any further process will be required authorizing the to act. These papers were probably overlooked
Yours H. H. Sylvester Dec 11 1857

July 21 57
Memphis
Pension Office, July 21, 1851.
Sir,
The part of the within regulations, has not been complied with by you, in the application for an increase of the Pension of William Johnston, who was inscribed on the New York Roll under the act of June 7, 1832, at the rate of $320 per annum.
Very Respectfully,
Yours &c J. S. Evans for Com. of Pensions
H. H. Sylvester, Esq. Present.
✓

Jan 27/57
Add Ev: in case of heirs of Walter Walter Johnson
Keep Reflecto
Add Ev Ev
J. C. Heath
H. H. Chester Present

July 25 1857
Sir
Encl d is the certificate of the Court, as proof of seisin on the case of the Thurg d William Johnston when papers are now on file. May I ask to see the original papers
Respectfully H. H. Sylvester
J. E. Heath Esq.

Revo. Act 7. June 1832 Witter Johnston
Suspended Oct. 12. 1833
See letter to Henry Ogden Esq. Anadilla N. York

Washington May 5-1887
Sir,
In the case of Martha Johnson, which claims to be an increase of pension, the Office seems desirous to allow, I have to state that, the records furnish ample proof that Johnson served in St. from March 1782, to Nov. 1783, something like twenty months. The original recruiting order filed with the papers bears date March 23 1782. It will be known that these companies under Col. Mitchell were raised for two or three years, & many were not discharged until early 1784. I would particularly refer you to the letter of St. Manton, Nov 3. 1783. to Johnson respecting Muster rolls, & of Maj. Pancheton dated June 1782, & to Capt. Deane's roll under dit 9. Apr 1783 in which company Johnson was Lieutenant.
In addition to these references, I now enclose an original paper drawn up by Peter Francis Adjt. by order of Col. Mitchell, dated July 1782, in which it is shown that the service under consideration was for two or three years, & also bears the name of a private St.
I enclose also, as a proof hereof, a part of Johnson's original declaration under the Act of 1832  1831 & a certificate of J. A. Dandridge: in which he states, as is now shown by the papers, that, he served 207 mos. & 20 days. I hope that these papers may be examined.
J. E. Heath Esq.
Yours Respectfully A. H. Sylvester

Witter Johnston's Application for a Pension p o

State of New York
County of Delaware ss.
I Crawford B Shidon Clerk of the Said County and Clerk of the Court of Common Pleas in and for the County of Delaware do certify that Amos Douglass-Coquain before whom the annexed affidavits purport to have been sworn, and at the and also the person who purports
to have signed the annexed Certificate was at the date of the same one of the Judges of the Court of Common Pleas in and for the Said County (it being a Court of record) and further that I am well acquainted with the handwriting of the Said Judge and verily believe his name subscribed to the Said affidavits and the Said Certificate to be his proper hand writing and Signature —
And further that I have some recollection of Witter Johnston of the Town of Sidney in the Said County the applicant for a pension — appearing in the aforesaid Court at the October Term 1832 — and that all the original papers of the aforesaid applicant for a pension were by the said Court after being examined, delivered to the Said Johnston or his Attorney by me — and that there was no record kept by the Court as all the original papers were returned returned to the applicant.
In testimony whereof I have hereunto set my hand affixed the Seal of the Said Court this 14 th day of June 1833.
C B Shidon Clerk

State of New York Otsego County ss - 3
Seth Rowley of the Town of Unadilla in the County aforesaid being duly sworn. says that he was an orderly sergeant in Capt. Joseph Harris's Company in Col. Marinus Willett's Regiment of New York State Troops - and that in the month of October One thousand seven hundred and eighty two, he became acquainted with Peter Johnston who then acted as a Lieutenant in Capt. Peter B. Tinker's Company in the same Regiment - that he subsequently continued to be familiarly acquainted with him up to the time of his discharge in the City of Schenectady on the fourth day of January 1784 - that he well knows the said Johnston continued to act as an officer during that time - and that he was familiarly known and called "Lieutenant Johnston" - that he the Deponent acted with said Johnston upon several expeditions during that time and was present at the time he was discharged together with the rest of the Co. which were then under the command of Major Van Benschoten - at the City of Schenectady as aforesaid. That the Regiment had previous to this time been reduced to a Battalion under the command of Van Benschoten - that the Deponent well knows that they were discharged on the 4 th day of January 1784 as aforesaid - That this Deponent has no doubt from the recollection of various facts and circumstances that said Johnston had acted as an officer sometime previous to the month of October 1782 but he has no distinct knowledge of that fact - that he the Deponent has personally known said Johnston ever since - and that he has for many years resided within a few miles distance from him - And further saith not - Seth Rowley Sworn and subscribed to this 10 th day of June 1832 -
Before me Sherman Page Judge of The County Courts for Otsego County - - - (See the other side)

State of New York County of Delaware ss.
On this twelfth day of June - one thousand eight hundred and thirty three personally appeared before the undersigned Amos Douglass one of the Judges of the Court of Common Pleas of the County of Delaware in the State of New York, being a Court of record, constituted and declared by the Acts of the Legislature of said State; Witter Johnston a resident of the Town of Sidney in the County of Delaware aforesaid aged about Seventy Nine 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 th 1832 -
That he was born in the year one thousand seven hundred and eighty five on the 30 th September as he has always understood and believes That he has no other record of his age except the one made many years since in his own family Bible by his own direction. The place of his birth was the Township of Schenectady now Town of Princetown in the present County of Schenectady in the State of New York. At the time he entered the service of the United States he resided in the Town of Florida in the County of Montgomery, and that he has since the Revolutionary War constantly resided in the Town of Sidney, in the County of Delaware aforesaid -
That on or about the first of April 1782. He volunteered in the service of the Coun- =ty and was enrolled mustered and ranked  assumed a commission as Second Lieutenant. He served under the following named officers for the period of one year and nine months to wit from the first of April until 1782 until as he believes until (the first of January and) as he verily believes the 4 th day of January 1784 when he was discharged and left the Service at the City of Schenectady in the State of New York - He entered the service as a Second Lieutenant in Capt. French company in the Regiment commanded by Col. Marinus Willet and served therein several months As the exact length of time he cannot state, and was transferred from French company to a company under the command of Capt. Peter B. June in the same

Regiment and continued to serve in said Company until he was discharged as aforesaid. His field officers were Col. Marinus Willet, Major Van Brunschoten and Andrew Fink. - During the latter part of the time (in which he served as above stated in Capt. Fierce's company) the Regiment was reduced to a Battalion, under the command of Major Van Brunschoten, during which time he ranked as an Ensign. He has no data - nor distinct recollection of the time the Regiment was reduced as aforesaid - but believes it was (in the fall of the year) in the month of October 1782 -
He (the declarant) had been frequently engaged as a volunteer in the militia service prior to his receiving a commission as aforesaid in Willett's Regiment. The general history of his services &c are as follows - viz - In 1771. His Father commenced improving the farm upon which he now resides in the Town of Sidney in 1777 - the family were driven off by the Indians under Brant and went to Cherry Valley. - He soon after volunteered in the militia who accompanied Genl. Wiekim er down the Susquehannah to meet Brant - was present at the time they did meet under a flag of truce (their conference was held in sight of his Father's farm) - They returned immediately after this to Cherry Valley - - - Genl. Wiekim er shortly after marched with the militia to relieve Fort Stanwix and the declarant again went as a volunteer in a company commanded by Capt. Whelot er in Col. Cox Regiment. In this expedition Wiekim er was mortally wounded and Cox killed. The declarant returned again to Cherry Valley and continued up to within a short time previous to the destruction of Cherry Valley in 1779 - to act with the militia - and was often engaged in exploring or scouting parties - and performing garrison duties. At the time and for a short time previous to the capture of this place he was employed as a deputy purchasing Comissary for the Garrison - Col. Alden at this time Col. Alden commanded the regular troops stationed there - and was killed in the attack - and the Lieut. Col. Stoney - was taken prisoner. He then retired to Schenectady - and subsequently moved to Florida in Montgomery County. He next volunteered in a company of Militia under the command of Capt. McMaster and was engaged in the pursuit of Sir John Johnson - was present at the battle in which the enemy were driven across the Mohawk River - followed the enemy until they crossed

the head waters of the Senadilla and until the pursuit was abandoned— at this time Governor Clinton was commander in chief which he believes was in the year 1780. does not recollect how long he was then engaged— but he continued in the service until this expedition was closed— In 1781. (as he believes) He again volunteered under Capt e McMaster the company at this time being attached to Wiltets Regiment—and march- ed to Johnstown—was at the battle with the British Tories and Indians under Rapp—and went from there to Fort Herkimer—marched to the north through "Jersey plains" as it was then called—fell in with Rapp's party and was at the taking of his rear guard prisoners—and pursued the enemy to north Canada Creek where the Tory Capt e Butler was killed continued the pursuit until night when the chase was abandoned— after this expedition was closed—returned again to Florida and remain- ed there until the first of April 1782—when he again entered the service in Wiltets Regiment as a Second Lieut n as before stated— He cannot estimate with any kind of certainty the time he was actively engaged in the militia and is unwilling to undertake doing so—
After joining Wiltets Regiment as a Lieut n as aforesaid a great part of his time was spent in small exploring parties on our then fron- tiers. He was with Col l Wiltet in his excursion against Fort Oswego in February 1783—and was one of the core who escorted General Washington from Fort Herkimer to Fort Stanwix
The following are the names of some of the Regular Officers (besides Col l . Wiltet—of Majors Van Benschoten and Sink) whom he knew and with whom he served—to wit. Capt e French. Capt e Pierce. Capt e O'Conner—Capt e Guy Young—Capt e Newel—Capt e Wright Capt e Cannon. Capt e Henry— Capt e Harrison. Some of these were "nine months men"—among those who continued in the service after the nine months service. in Wiltets Regiment were Capt e Pierce—French—Cannon—Newel O'Conner—and Harrison acor- ding to the best of his recollection—Among the Continental and militia Regiments with which he served—there was one who accompanied them as he believed (against Fort Oswego) from New Hampshire. commanded by a Col l .

Recd - He recollects a Capt. Schuyler and a Capt. McGregor in said Regiment - but as he was but a short time with them his recollection is not distinct as to the names of the officers. There was an other Regiment from Rhode Island which joined them on their march in against Fort Bennington this excursion - but he does not recollect the names of the officers -
He was acquainted with Col. Campbell - Fisher - and Black - who commanded militia Regiments in the County of Montgomery -
During his services as aforesaid He marched through what were then called Canajoharie - Johnstown - Canajoharie - Carried Town V o and was at Fort Herkimer - Fort Schuyler - Fort Plain - Fort Plank - Stone Arabia V o and traveled through most of the frontier settlements west of Schenectady -
He received a Commission as before stated - its date he does not recollect - It was signed by George Clinton - Governor of the State of New York - He delivered this Commission up to James Coolwell of the City of Albany to whom he sold his Military Lands - and at the time of the sale - He does not know where it can be found - He has no documentary evidence - He has heretofore furnished the evidence to the department (and which he has been informed has been mislaid or lost) of his services as before stated - Several Witnesses are still living who can testify to his services - but by reason of the personal infirmities of the declarant - and those of the Witnesses - as well as the remote distance at which they reside - it is not in his power to procure their testimony nor personally to attend court - for that purpose without great inconvenience or otherwise -
The following are the names of some of the persons to whom he is known in his present neighbourhood - and who can testify to his character for truth and veracity - and their belief of his services as a soldier of the revolution - Nathan Egerton Esquire Post Master - Charles S. Royes Henry Bradley and James Houghton Esquires Justices of Sidney - Isaac Hayes Esq r Post Master - Sherman Page Esq r (member elect to Congress) - Abijah H. Beach and Henry Ogden Esq r of Canadilla - and Daniel Waterbury a clergyman.

myself in the town of Franklin, in the county of Delaware We hereby relinquished every claim whatever to a pension or annuity except the present and declared that his name is not on the pension Roll of the Agency of any State -
William Johnston -
Sworn and subscribed to the
day and year aforesaid -
Before me, Amos Douglass Judge: of the Court of Common Pleas of the county of Delaware
We Daniel Waterbury a clergyman residing in the Town of Franklin in the county of Delaware and William Dewey of the town of Sidney in said county hereby certify that we are well acquainted with William Johnson who has subscribed and sworn to the above declaration that we believe him to be seventy nine years of age - that he is reputed and believed in the neighbourhood where he resides to have been a Soldier of the Revolution and that we concur in that opinion -
Sworn to and subscribed the 12 th day of June. 1833 before me. Amos Douglass. Judge of the Court of Common Pleas of the county of Delaware
Daniel Waterbury William Dewey
And I the said Amos Douglass one of the judges of the Court of Common Pleas of the said county of Delaware, being a Court of record do hereby declare my opinion, after the investigation of the matter and after putting the interrogatories prescribed by the war department, that the above named William Johnson was a revolutionary soldier and served as he states. And I further certify, that it appears to me, that Daniel Waterbury who has signed the preceding certificate is a clergyman resi- dent in said town of Franklin and that William Dewey who has also signed the same certificate, is a resident in the town of Sidney, in said county of Delaware, is a credible person -

and that their statement is entitled to credit. And I also certify. That, from credible testimony and from my own enquiries and examination, I do believe, that said Witter Johnson is in very feeble health and that he cannot, from bodily infirmity, attend the court in order to make his declaration, without great inconvenience.
In witness whereof, I have hereunto subscribed my name the twelfth day of June in the year one thousand eight hundred and thirty three.
Amos Douglass. Judge of the court of Common Pleas of the County of Delaware.

J. L. Edwards Esq. Pension Office Washington

Sir-
A Letter from you bearing date the 29 th of May informing Col. Witter Johnston that the papers in support of his claim to a pension have been mislaid and in order to a due investigation of his claim it would be necessary to send duplicates to your office has been duly received - At the request of the applicant and in his behalf - I take the liberty to say - that no duplicates of his former papers were preserved - and that it is now impossible for him to present the same proofs. That He is personally too infirm to attend Court - that one of his most important Witnesses Hugh Johnson is now confined to his bed by sickness without the prospect of his ever recovering - That two others - John Oudenkirk and Nellis A. Punda reside (if living) in the County of Schenectady in this State (N.Y.) and that it is not in his power to procure their testimony - An other Witness by the name of Edick altho a resident of the County of Delaware is too infirm to attend Court - and resides at such a distance as to render it extremely inconvenient to obtain his testimony - Having made out the papers for the applicant which were forwarded - I can from recollection give you substantially - the statement of the facts proved (and accompanying his application) - You will see by the papers enclosed that his case was partially prepared at Schenectady in June 1832 - He was able at that time to ride to Schenectady and saw the Witnesses whose affidavits are annexed to the case made out at that time - As those affidavits were not taken before a proper officer - the same facts were in substance subsequently sworn to by the same Witnesses in open Court in the City of Schenectady - and the affidavits duly certified by the Clerk under the Seal of the Court - Hugh Johnson - a Brother of the applicant - made an affidavit - testifying generally to his knowledge of the facts before a Judge of the Delaware Court - The Clerk's certificate of the fact of his being a Judge and to his knowledge of his hand writing & signature - was duly annexed (the Witness being unable to attend Court) - This Witness testified that the applicant was absent from home - and was as he then understood and believed engaged in the Militia Service at the times and upon the occasions set forth in his Declaration - and that he also knew of his acting as an Officer as stated in the said Declaration - that he was personally knowing to some of the facts mentioned in  the - At the October Court of Delaware County - the applicant

appeared in Open Court - was duly sworn and examined - His reputation & character was attested to by a Clergyman & Abijah H. Beach Esq r who is known to your department (as a correspondent) - At the same time Edick - a very respectable citizen & revolutionary soldier - made affidavit to a personal acquaintance and knowledge of the applicant's services as an officer - for the whole or a part of the time as stated by the applicant (do not recollect which) - The Court passed upon and approved of his case - and the proceedings were officially and duly certified to under the Seal of the Court - added to this an affidavit was made by S gt Rowley his present Witness to the same facts in substance as set forth in the affidavit enclosed - It was not however taken before a Judge - and was in that respect defective - it was annexed however to the papers as corroborative of the other testimony etc - All the Testimony referred to was annexed to the applicant's Declaration - and the Seal of the Court of Delaware was stamped - upon the Ribbon which tied the whole together -
I must add that the proof as of his serving as he had stated - for one year and nine months - as a S gt & Ensign - could admit no doubt - the proof was also clear as to his having served as a private (and volunteer) etc and the only defect as to that part of the case was that the applicant could not from conscientious motives recollect the length of the time of his service in that respect - the times - circumstances and occasions upon which he served as a volunteer - were historically - detailed substantially and at large - as at present stated by him - It appears to me that there is no doubt - he would upon the proof stated - be entitled to a pension for his services as a private - It is important for the applicant that his case should be acted upon soon or he may be forever deprived of the benefits - which was intended to be conferred by the pension law etc -
I have enclosed the case as partially made out at Johnstown - with the affidavits of Oederkirk - and Funder - as corroborative of the Applicant & Rowley's statements - and that under the circumstances - (the papers being lost in your office) - you would give these affidavits the same effect as if taken agreeable to all the technical requisites - usually required - I am requested to remind you - that the Rev. Mr. Johnston a son of the Applicant - sometimes called at your office - when a search for the papers - was unsuccessfully made under your direction -

I regret the necessity of troubling you with such a long communication and hope the circumstanced will be deemed and accepted as an adequate excuse -
Respectfully, Your Obedt Servt.
Henry Ogden
P.S. If any thing farther should be required you would oblige by direct- ing to me at Granadilla . Olney Co. N.Y. - H. O.

Walter Johnson

L Jenkins 6/
[Persons making application at the Comptroller's, or Secretary of State's Office, for searches, or certificates of service of any person, in the army of the U. S. during the revolutionary war, should give the name and ranks held by such person; the nature of the service; whether in the Infantry, Cavalry, or Artillery, &c.; in the regular army or militia; the names of the officers commanding the regiments and companies at the time of enlistment, service and discharge, as near as can be given. The names should be given with care, and in a legible hand.]
In pursuance of a law passed the 27th of April, 1784, entitled "An act for the settlement of the pay of the Levies and Militia, for their service in the late War, and for other purposes therein mentioned," the following certificates have been issued, bearing interest at five per cent per annum, viz:
  1780 May 26 Witter Johnson private No. of Cert'e issued, 30.633 £ 00 06 01   " Oct 23 Witter Johnson private " " " 30.821 00 12 05 1/4   1781 Augt 25 Witter Johnson private " " " 30.853 00 05 00 1/2   1781 Nov 4 Witter Johnson Sergeant " " " 30.601 01 09 04   1782 July 7 Witter Johnson Lieutenant " " " 7.602 32 00 00   " Dec 31 Witter Johnson do " " " 7.233 61 10 02 3/4   £ 96 03 00 
STATE OF NEW-YORK,
COMPTROLLER'S OFFICE, Albany, January 26 th 1849.
I hereby certify the above to be true extracts from Book No. 2.7. — now remaining in this office, and that the service for which the certificates above named were issued, were performed under the following officers, viz:
  First — under Capt. David M c Master in Col. Frederick Fisher Regiment.   Second " " David M c Master " " Frederick Fisher "   Third " " David M c Master " " Frederick Fisher "   Fourth " " David M c Master " " Frederick Fisher "   Fifth " " Nathaniel Henry " " Manasseh Wittet "   Sixth " " Jonathan Pease " " Manasseh Wittet "   Seventh " " " " "   Eighth " " " " "   Ninth " " " " "   Tenth " " " " "   Eleventh " " " " "   Twelfth " " " " "   Thirteenth " " " " "   Fourteenth " " " " "   Fifteenth " " " " " 
I have examined the rolls for the above, and find £96. 03. 00 to be correct.
John Nance Examining Clerk.
Millard Fillmore Comptroller.
fecr 759/pais

D. Witter Johnston of the town of Sidney in the County of Delaware and State of New York, aged about seventy nine years, for the purpose of obtaining the benefits of the act entitled "an act supplementary to the act for the relief of certain surviving officers & soldiers of the revolution" approved on the seventh day of June 1832, do hereby declare that I served in the army of the revolution for a period of eighteen months # in manner following. I commenced service as a second lieutenant in the month of April One Thousand seven hundred and eighty two, ac- cording to best of my recollection in Captain French's Company in Colonel Marinus Willett's Regiment of State Troops. I served in said com- pany for about nine months, when I was transferred to the Company of Captain Peter B. Fierce in the same Regiment, and served in the Company of said Peter B. Fierce, until the latter part of December One Thousand seven hundred & eighty three, or the fourth of January One Thousand seven hundred and eighty four, when I was discharged from the service. that during the latter part of the period in which I served in Captain Fierce's Company as above stated, I was
# one year nine months

attached for a short time to what was termed "Major Van Benschoten's Corps," and served therein as an Ensign; the Regiment of Colonel Willitt, being then reduced to a Battalion under the command of said Major Van Benschoten.
I further declare that I am not entitled to any benefit under the act for the relief of certain surviving officers and soldiers of the Revolution passed the fifteenth day of May Eighteen Hundred and Twenty Eight. I hereby relinquish every claim whatever to a pension except the present - and I further declare that I have never received any annuity or pension under any law of the United States providing for revolutionary officers and soldiers -
Witter Johnston -
Witness G. H. [unintelligible]
County of Schenectady ss.
On the twenty-eighth day of June One Thousand Eight hundred and thirty-two, personally appeared before me the Subscriber, Witter Johnston, who made oath that the facts set forth in the preceding Declaration by him signed are true & correct, according to the best of his knowledge, recollection & belief.
Henry Fuller Commissioner of Deeds &c

County of Schenectady ss.
John Ouderkirk of the Town of Rotterdam in said County being duly sworn and examined, doth depose and say, that Winter Johnston referred to in the preceding documents, was a Lieutenant in the army of the Revolution as stated in the preceding declaration of him the said Winter Johnston, but for what length of time he served, this Deponent does not distinctly remember - as this Deponent served under said Johnson in a Company commanded by Captain Peter B. Tierce, this Deponent is well assured that said Johnson served as such Lieutenant for at least the term of one year ending in January One Thousand Seven Hundred & Eighty four.
Subscribed & sworn this } John & Ouderkirk 28 th June 1832, before me } his mark
Henry Fuller Commissioner of Deeds

County of Schenectady ss.
Ellis A. Fonda of the City of Schenectady, in said County, being Duly Sworn and examined doth de- pose and say, that during the war of the revolution, he was well acquainted with Winter Johnston referred to in the prece- ding Documents; that said Winter Johnston served as a Lieutenant in the Regiment of Colonel Marinus Willett in the years One Thousand Seven Hundred & Eighty two, and One Thousand Seven Hundred & Eighty three as set forth in the preceding declaration; but whether said Johnston served longer than the month of October in the year last named, this deponent cannot tes- tify for the reason that he this deponent was discharged from the service in that month.
Subscribed & sworn to this 28 th June 1832, before me
Ellis A Fonda
Henry Fuller Commissioner of Deeds

attached for a short time to what was termed
State of New York } County of Schenectady ss.
I, John S. Vrooman Clerk of said County, do hereby certify, that Henry Fuller Esq. whose name is subscribed to the preceding affidavits, was on the day of the date the said affidavits purport to have been sworn a Commissioner in & for said County duly authorized to administer oaths, acting under the authority of this State, and further that I am well acquainted with the handwriting of said Henry Fuller and verily believe the signature "Henry Fuller" thereto subscribed to be his own proper handwriting.
In testimony whereof I have hereunto set my hand and affixed the seal of said County, this twenty-eighth day of June 1832 John S. Vrooman

Levis Solley
Admitted Private 2 years
J. W. Randolph New Brunswick

WAR DEPARTMENT,
Pension Office,
20 Sept 53
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 Levi Tolley
   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.              
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 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
See remarks subjoined to trial of Joseph Hall

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 active 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 rules from [a] to [i] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule [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.

Weller Johnston - Town of Sidney County of Delaware New York - 13,943.

State of New York - County of Otsego - ss
Seth Rowley being duly sworn says that he resided in the Town of Unadilla in the County of Otsego aforesaid that during the war of the Revolution he was well acquainted with Peter Johnston referred to in the annexed documents - that said Peter Johnston served as a Lieutenant in the Regiment of Colonel Marinus Willet in the year one thousand seven hundred and eighty two and eighty three and until the first fourth of January 1784 - that this Deponent was a Sergeant in Capt. Joseph Harrison Company - in the same Regiment - and became acquainted personally with said Johnston in the month of October 1783 at a place then and still called Fort Plain - that this Deponent continued to be well acquainted with said Johnston - served in various expeditions with him - and repeatedly under the command of the said Johnston - and that this Deponent continued attached to the line and was discharged at the same time with said Johnston at Schenectady on the fourth day of January 1784 according to the best of this Deponent's recollection and belief that this Deponent has repeatedly seen the said Johnston since - and has personally known him from the time aforesaid -
Sworn and subscribed this 27 th
Seth Rowley
Day of July 1832 -
Before me - John Ellis Justice of the Peace
Sworn & Subscription acknowledged
before me this 6 Nov 1832 -
J. P. Judge of Otsego Co. N.Y.
I certify that I have been well acquainted with Peter Rowley for many years & that I know him to be a credit to the poor and distressed and a true Credit to Belief
John P. Judge of Otsego Co. N.Y.

State of New York Otsego County - 3/s:
I Horace Lathrop Clerk of said County do certify that the Hon. Sherman Page, before whom the preceding Affidavits of Seth Rowley, and Miller Johnston purport to have been solemnly sworn, was at the date of the same a Judge of Otsego County Courts, duly appointed & qualified; And that I am acquainted with his hand writing, and verily believe his name subscribed to the said several Affidavits, to be his genuine signatures. Witness my hand, and seal of Office the 17 th day of November 1833
Horace Lathrop, Clerk

State of New York
Delaware County ss Conrad Edick of Deseront Village (Town of Tunkins) in said County being duly sworn says that he is sixty nine years of age as appears by a record rec d by him from the minister by whom he was baptized - That he is acquainted with Col o Willet Johnston of Sidney in said County an applicant for a pension under the Act of Congress approved 7 June 1832 - That he first saw said Johnston to know him in the year 1781 at the time when the militia under Col o Willet were in pursuit of Maj r Ross and the British Indians and Tories after the battle of Johnstown, in which pursuit the latter Capt d Butler was killed, at which time this deponent was in the militia service and saw said Johnston serving in the militia - This deponent further states that said Johnston was a Lieutenant in Col o Willets Regiment in April 1782 and served as an officer in the same till said Regiment was disbanded in the beginning of the year 1784 - And this deponent further states that from seeing said Johnston in the service in the pursuit above mentioned and from the minute detail of the events of the war on the Mohawk in the year 1780 and 1781, with which this deponent is acquainted, he, this deponent, is fully convinced that said Johnston must have been engaged in the militia service more or less in both of the years 1780 and 1781 -
Subscribed and sworn to this 20th day of September 1832 before me Eighth day of October 1832 - in open Court -
Conrad Edick
Conrad Edick
C. B. Sheldon, Clerk.
Justice James Leavitt of Delaware County
(See certificate on the other side) - (over)

I Crawford B Sheldon of the County of Delaware do Certify that Leonards Edick whose name and proper hand writing is subscribed to the within affidavit, was at the time of the making said affidavit and still is personally well known to me and that he is an intelligent and Credible witness
Witness my hand and Seal of office this 11 th day of September 1833.
C B Sheldon

State of New York County of Schenectady } ss.
I, Jellie A. Fonda at present residing in the City of Schenectady, in said County, late Adjutant and Captain in Colonel Marinus Willett's Regiment of New York State Troops, do hereby certify, that I am well acquainted with Witter Johnston referred to described in the preceding declaration, that I was acquainted with him during the revolutionary war, and that I have personal knowledge of his services in said war as a Lieutenant in said Regiment, and know that he served as such from the first day of April one thousand seven hundred & eighty-two until the month of October One thousand seven hundred and eighty-three, and believe that said Witter Johnston was about that time transferred to "Van Ruyvenel's corps"; but how long said Johnston served in said Corps after the month of October last aforesaid I cannot tell, since I left the service myself about that time - and I further certify that said Johnston was with me in the month of February 1783, in Colonel Willett's expedition to Fort Oswego, as well as in other military excursions during the year 1782, at Fort Plain & other places on the northern frontier.
Jellie A. Fonda
Sworn to & subscribed this fourth day of August 1832, by the above named Jellie A. Fonda before me
J. W. Jones, Judge
of Schenectady County Court -
County of Schenectady ss.
John Onderkirk of the town of Rotterdam in said County, being duly

sworn and examined doth depose and say, that he was during the revolutionary war, and is now well acquainted with Witter Johnston the same person referred to and described in the preceding deposition of Jellis A. Fonda, that this deponent was a private in a Company of State Troops under Colonel Willett aforesaid commanded by Captain Peter B. Pierson, and well remembers that said Witter Johnston was a Lieutenant in said Company in the year One Thousand seven Hundred & Eighty three but how long said Johnston remained so served as Lieutenant in said Company he cannot now recollect - he remembers also that said Witter Johnston was a Lieutenant in said Regiment in the summer of the year One Thousand seven Hundred & Eighty two - this deponent was in the year last named with said Johnston at Fort Plain, Johnston & other places on our frontier, and also in the month of February One thousand seven Hundred & Eighty-three in Colonel Willett's expedition to Fort Oswego -
Subscribed & sworn this 8 th Aug t 1832, before me; and I do hereby certify that said John Oudekirk is a man of credibility & that his statement is entitled to credit.
his John + Oudekirk mark
W m Strong J.P.
County of Schenectady Clerk's office -
ss John S.
Vrooman Clerk of said County, do hereby certify, that Samuel W. Jones before whom the preceding certificate of Jellis A. Fonda was sworn was on the day of the date thereof one of the Judges of the County Courts of said County, and that William Strong before whom the foregoing deposition of John Oudekirk was sworn was on the day of the date thereof a Justice of the peace in & for said County & that the signatures of said W m Jones & W m Strong are respectively genuine signatures. Witness my hand and seal of Office this ninth day of August Anno Domini 1832.
John S. Vrooman Clerk