Revolutionary War Pension and Bounty Land Warrant Application File S. 11,518, for David Taws, New York

SERVICE
NUMBER
New York
Faws, David
S 11518
Carded
CONTENTS

20.603 New - York
David Saus
whereby, in the State of New York who was a Private in the Comp. commanded by Captain Mearcellus of the Regt - commanded by Col. Van Schrick in the New York line for 9 1/2 months
Inscribed on the Roll of New York at the rate of 31 Dollars 66 Cents per annum. to commence on the 4th day of March, 1831.
Certificate of Pension issued the 23 day of Sep. W33 and unto S. F. Yates Schenebady
Arrears to the 4th of Sep. '33 $ 79.16 Semi-ant. allowance ending M. '24 15.83 $94.99
Revolutionary Claim, Not June 7, 1832.
Recorded by G. C. Stahl Clerk Book 8, Vol. 4, Page 81.

N o 19842
David Lawr
Schenectady 60 N.York
nomd
e
63.33 15.83 79.16
Giles & Nytes age Schenectady N.Y.

WAR DEPARTMENT,
Pension Office,
Sir:
The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in a tabular form. On comparing these papers with the following rules, and the subjoined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will shew what is necessary to be done. Those points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus: { ). You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your claim.
A Statement, shewing the Service of David Lasse Schenectady Co. N.Y.
   Period when the service was rendered. Duration of the claimant's service. Rank of the claimant. Names and Rank of the Company officers under whom he served. Names and Rank of the General and Field officers. Battles in which the applicant was engaged. Country through which he marched. Place of abode when he entered the service, and age at the present period. Evidence by which the declaration is supported.   Years. Months. Days.     Enlisted 1776 6 Private Cap. Mar. Ailus Col. Van Schaick Schenectady age 18-24   Enlisted 1777 in the aid of the War 9 Cap. Myr. Ailus S. Myr. Ailus Col. Temple Lieut. Col. Smith Maj. Smith Maj. Temple Gen. Schuyler Gen. Arnold Gen. Gates Gen. Washington Hillsdale Schenectady St. Johnsville Canajoharie Ball Garrison Princeton New York Schenectady Alex. Murray Diana B. Baudu -heyam as to 6 Mo S. A. Aiternary  
I am, respectfully,
Your obedient servant,
J. L. EDWARDS,
Commissioner of Pensions.

REGULATIONS UNDER THE ACT OF JUNE 7, 1832.
The following regulations have been adopted: This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army, and to include under the terms "Continental Line," "State troops," "militia," and "volunteers," all persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, &c. Teamsters, Boatmen, &c. Persons who served on board of Private Armed Vessels are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service.
Four general classes of cases are embraced in this law:
 1. The Regular Troops.  2. The State Troops, Militia, and Volunteers.  3. Persons employed in the Naval service.  4. Indian Spies. 
As rolls of the regular troops in the Revolutionary War exist in this Department, all persons, claiming the benefit of this law as officers, non-commissioned officers, musicians or privates, will in the first instance, make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides. And every Court having by law a seal and Clerk is considered a Court of Record.
DECLARATION,
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
State, Territory, or District of } ss. County of }
On this day of personally appeared (a) before A. B. a resident (b) of in the county of and State, Territory or District of aged (c) years, who being first duly sworn, according to law, doth on his oath make the following declaration, in order to obtain the benefit of the provision made by the act of Congress, passed June 7th, 1832. That he enlisted in the Army of the United States in the year (d), with and served in the (e) regiment of the line, under the following named officers:
[Here set forth the names and rank of the Field and Company Officers; the time he left the service; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers;) the town or county and State in which he resided when he entered the service; the battles, if any, in which he was engaged, and the country through which he marched. This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.]
He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of
Sworn to and subscribed the day and year aforesaid.
A. B.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states.
I of the Court of do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of for a pension.
In testimony whereof I have hereunto set my hand and seal of office (i) this day of &c.
If, on examination of the proper record the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out.
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz:
(k) We, A. B., a Clergyman, residing in the and C. D. residing in (the same) hereby certify, that we are well acquainted with , who has subscribed and sworn to the above declaration; that we believe him to be years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.
Sworn and subscribed the day and year aforesaid.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that A. B.
who has signed the preceding certificate is a clergyman, resident in the and that C. D., who has also signed the same is a resident in the and is a credible person, and that their statement is entitled to credit.
I, Clerk of the Court of do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this day of &c.
Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction.
If such surviving witness cannot be found, the applicant will so state in his declaration (l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his alleged service, as they are known at the Department. A very full account of the services of each person

will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County, in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.
The Court will propound the following (m) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.
 1. Where and in what year were you born?  2. Have you any record of your age, and if so, where is it?  3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?  4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom?  5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services.  6. { To a Soldier. } Did you ever receive a discharge from the service, and if so, by whom was it given and what has become of it? { To an Officer. } Did you ever receive a commission, and if so, by whom was it signed, and what has become of it? 
7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution.
The Court will see that 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 enquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
Applicants unable to appear in Court by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court.
Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature.
No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.
[a] The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance.
[b] The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not conforming to the rule.
[c] The age of the claimant must invariably be mentioned.
[d] The declarant must mention the period or periods of the war when he served.
[e] Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had. Every claimant must state, with precision, the length of his service, and the different grades in which he served, in language so definite as to enable the Department to determine to what amount of pension he is entitled. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service; but, according to the best of his recollection, he served not less than the periods mentioned below, and in the following grades:—For _____ year _____ months, and _____ days, I served as a _____. For _____ months and _____ days, I served as a _____; and for such service I claim a pension."
It is important, in all cases, to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months , is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state that they served two years in the militia, &c. without specifying the tours, the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must, in every case, be clearly shown under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
[f] The law makes the relinquishment indispensable.
[g] The opinion of the Court is always required.
[h] The Clerk must give his certificate in every case.
[i] The Clerk must affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he has no public seal of office, the certificate of a Member of Congress, proving the official character and signature of the certifying officer, should accompany the papers.
Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other papers authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
Proof of Service.
[j] In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses who are required to set forth in their affidavits the time of the claimant's entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
[k] The notes from [a] to [j] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in note [j] applies to continental troops only.
[l] This traditional evidence is indispensable in militia cases.
[m] If a witness cannot be found, the declarant must state the fact.
[n] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.

3 David Laws applicant for a pension -
19842
application No 65. to the care of Giles F. Yates Schenectady N.Y.
adm to
9 1/2 mo. per
$31.66
complete

1 State of New York County of Schenectady } ss
On this Twelfth day of October in the year of our Lord one thousand eight hundred and thirtytwo personally appeared in open Court, before the Judges of the Court of common Pleas in and for said County now sitting David Taws as a resident of the Town — of Princetown in said county & State, aged Eighty four 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
He was born in the Parish of Mafflin in the County of Scotland in the State Kingdom of Great Britain the month  day of December 1748. He has no record of his age except that
When he was called into the service of the United States in the army of the revolution, he was living in the now town of Princetown (then Corriesbach) — and since the revolutionary war he has lived in the same place 
He now lives in the town — of Princetown — aforesaid.
He entered the service of the United States under the following named officers and served as herein stated.
On the first day of July 1776, he enlisted for the term of six months, in the Company Commanded by Captain Henry Marselus in Colonel Van Schaike's Regiment & served out said term of six months in said Company & longer, to wit until the latter part of December 1776. His other company officer whom he recollects is Ensign or Lieutenant Van Antwerp.

While in this engagement he performed military duty at Skeneborough, fort George & fort Ann.
In the year 1777, he was enrolled in Captain John Mynduse's Company of Militia in Colonel Abraham Wemple's Regiment. His other Company & field officers whom he recollects were Laurence Mynduse Lieutenant Abraham D. Duax Ensign - Abraham Swits & Mynduse Wemple Majors. He remained a member of this Company until the end of said war, and served faithfully therein whenever called upon. It is impossible for him to specify all the terms of service in which he engaged. His principal expeditions were as near as he can recollect them as follows.
In the fall of the year 1777, during the northern Campaign against Burgoyne he was in Camp at fort Miller & fort Ann for the term of two or three weeks.
He was on duty for four weeks at the middle fort in Schoharie, at Stone Arabia two weeks & thinks Jellis Fonda had there the Command. at Canajoharie two or three times or four times for a term of two weeks & more each time. When the settlements on the Mohawk river were destroyed in 1780, he was with the Militia on that occasion. He has also been at Ballston on an alarm which however proved groundless. Alarms were very frequent in the neighborhood where he resided & he was often called out at a moments warning. The different periods of time for which he served in the garrison and in the field he declares cannot be less than nine months.

He was in the battle at Stillwater & in many skirmishes with the enemy during said war
THE FOLLOWING are the names of some of the regular officers whom he knew, or who were with the troops where he served, and such continental and militia regiments or companies with which he served, or as he can recollect, viz: Generals Schuyler, Arnold
Gauncevoort, Gen Brock -
3
He never received any written discharge from the service.
He has no _____ documentary evidence, and knows of no person whose testimony he can procure who can testify to his service _____
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, to wit Daniel Barrow & James Taws
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 and sworn to the } day and year first aforesaid }
John S. Woodm
Clerk.
his David T. Taws mark
On the day & year first aforesaid person- ally appeared in open Court before the Judges aforesaid Alexander Murray of the town of Puanesburgh in said County who being duly sworn deposeth and saith that he is well acquainted with David Taws who has subscribed & sworn to the foregoing declaration that he knows said David Taws served in Colonel Temple's Reg. ment as set forth in said declaration he remembers to have seen him said David Taws perform garrison duty at the middle fort of Echowarie, & is assured that he served as set forth in said declaration, although this Deponent was not personally present from subscribed & sworn in open Court John S. Woodm Clerk  Alexander Murray

State of New York } County of Schenectady } ss
On the day and first aforesaid personally appeared in open Court before the Judges of the Court of Common Pleas in and for said County now sitting David Van Derhey- den — a resident of the City of — of Schenectady in the County aforesaid, who being duly sworn according to law, doth depose and say, that he was in the time of the revolu- tionary war and is now well acquainted with David Taws — who has subscribed and sworn to the preceding declaration that this Deponent knows said David Taws served in Captain Henry Merselus's Company for six months as set forth in said declaration his subscribed & sworn in open. David D Van Derheyden mark
Given this 17th day of October
1832
John P. Woman Clerk

4
County of Chenango
On this sixth day of June One thousand eight hun- dred & thirty three, personally appeared before me the undersigned a justice of the peace in and for said County David Stowe who has subscribed & sworn to the foregoing declaration, and the said David Stowe being duly sworn 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 recollec- tion he served not less than the periods mentioned below in the grade of a pri- vate soldier -
That this Deponent served as such private in the company of Henry Marseles as mentioned in said declaration for a term not less than six months & two weeks .
6
In the fall of the year 1777 he served as such private in Captain John Mynders's company of Militia as set forth in said declaration for a term not less than seventeen days . 14 performing garrison duty.
He performed garrison duty pursuant to a draft under Captain Wapon for the term of three weeks at the Schoharie middle fort, also for one week - He performed garrison duty 14 for at least two weeks at Stone Arabia

lia he thinks under Command of Captain Jellis Forda
He performed garrison duty four times at Canajoharie for a period 2 — in the whole exceeding two months in the company of Militia commanded by said Captain Wason.
He performed garrison duty & served in the field at least five days 5 at Canajoharie in the year 1780 under said Captain Wason
He performed military duty at Sachadaga for the term of one week at 7 least, and assisted in erecting works of de- fence there under Colonels Proken and Wemple aforesaid.
For which term of eleven months service & rising this Depu- ment claims a Pension —
Subscribed & X his David Haws mark sworn this 6 th June 1833 before me
J. B. Harman Justice of the peace
I John S. Noonan Clerk of said County, do hereby certify that Joshua D. Harman before whom the above affidavit of David Haws has been taken, was at the date thereof a Justice of the peace in & for said County, that I am well acquainted with his handwriting & verily believe that the signature to the jurata of said affidavit

purporting to be his is genuine and I further certify that Alexander Murray David Van Derhyden who have subscribed to the foregoing deposition are cred- ible persons, & that their statements are entitled to full credit, as also appeared to said Court. In testimony whereof I have hereunto set my hand & seal of office this 7 th June 1833 John S. Vrooman Clerk.
WE Daniel Darrow residing in the town of Princeton in the county of Schenectady aforesaid, and James Taws residing in the same place do hereby certify that we are well acquainted with David Taws who has subscribed and sworn to the above declaration; that we believe him to be eighty four 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.
Subscribed and sworn the day and year aforesaid John S. Vrooman Clerk.
Daniel Darrow James Taws
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 James Taws who signed the above certificate is a resident of said town of Princeton & that Daniel Darrow who also signed the same, is a resident in the same place — I am a credible person, and that their statement is entitled to credit. and fur- ther that there is no clergyman living in the immediate vicinity of said applicant & that those living nearest cannot be produced in court without too much expense & inconvenience. I John S. Vrooman Clerk of the Court of Common Pleas, in and for the county of Schenectady do hereby certify, that the foregoing contains the original proceedings of the said Court in the matter of the application of David Taws for a pension.
In testimony whereof I have hereunto set my hand and seal of office, this seventeenth day of October in the year of our Lord one thousand eight hundred and thirty-two.
John S. Vrooman Clerk.

DEPARTMENT OF THE INTERIOR,
BUREAU OF PENSIONS.
Washington, D. C., _____, 19_____
8/15/18
In reply to your request of _____, received _____ for a statement of the military history of David Saus a soldier of the REVOLUTIONARY WAR, you will find below the desired information as contained in his (or his widow's) application for pension on file in this Bureau.
   DATES OF ENLISTMENT OR APPOINTMENT. LENGTH OF SERVICE. RANK. OFFICERS UNDER WHOM SERVICE WAS RENDERED. STATE.   CAPTAIN. COLONEL.     July 1, 1776 6 mos. Pvt. Henry Maresius Van Schaick N.Y.   Dec 1777 17 days John Mynderse Abraham Temple   4 weeks Wasson   2 weeks Jelles Fonda   2 mos 5 days Wasson   1 week Fisher & Temple  
Battles engaged in, Sullivan in many skirmishes Residence of soldier at enlistment, Corrickbush (later called Parnachton) N.Y. Date of application for pension, Oct 12, 1832. His cl. was al. Residence at date of application, Princetown, Schenectady Co. N.Y. Age at date of application, b. in Dec. 1748 in Mafflin Parish Scotland. Remarks: There is no data on file as to his family
Respectfully,
Commissioner.
No relationship given for James Saus - he signs plainly David S.

Rehas
11518 INVALID.
1920 Jan 24. History to Mrs. M.C. Shumwayf. aw.
File No. 11518
David Tawr
Prior Beer War
Act: June 7 th 1832
Index:—Vol. A , Page 270
[Arrangement of 1870.]

Wero 1-745
Chicago Chapter of the Daughters of the American Revolution MRS. NOBLE C. SHUMWAY REGISTRAR 4547 NORTH ASHLAND AVENUE TELEPHONE RAVENSWOOD 0044 CHICAGO, ILLINOIS
Jan 4 10 1920
Pension Bureau Washington D.C.
Please send me a copy of the Pension certificate of David Laws born in Scotland - I think - in 1748 died in New York in or near Schenectady - pensioned in 1832. It is needed to prove eligibility - in the D.A.R. Thanking you for same.
Very Truly Yours (Mrs. Noble C.) Noble C. Shumway Registrar
Name might be written Laws