Revolutionary War Pension and Bounty Land Warrant Application File S. 11055, for James Mc Dowel, New York

SERVICE
NUMBER
New York
McDowell James
S 111055
CONTENTS
Carded

24. 015 New York James McHowel
1 Ontario in the State of New York who was a Serjt. V.C. in the Camp commanded by Captain Faulkner of the Regt. commanded by Col. Newkirk in the New York line for 15 months Serjt. 2 $75 3 " private } 10 $85
Inscribed on the Roll of New York at the rate of 85 Dollars — Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 25 day of Oct: 1833 and Anta R. M. Bayley Geneva N.Y.
Arrears to the 4th of Sep r 33 $212.50 Semi-ant. allowance ending Sep r 34 12.50 $225.00
110 4250 21250
{ Revolutionary Claim, { Act June 7, 1832. }
Recorded by Col. Stiles Clerk, Book E. Vol. 11. Page 69.

State of New York Ontario County ss.
James Mc Dowell of the Town of Phelps being duly sworn according to law doth on his Oath declare in addition to the annexed declaration that he was born in the month of August 1745 as near as he can recollect from what he has been told by his Parents not having any written record of his age - That he was born in Orange County near Newburgh where he resided until after the Revolutionary war before set forth - That by reason of old age and the consequent loss of memory, he cannot swear positively with more precision to the length of his service than he has done in his declaration but that he must have served at least Three months as a private and fifteen months as a sergeant and for such service he claims a pension -
Sworn and subscribed before the Subscriber a justice of the Peace in and for said County This 5th day of June 1833
James Mc Dowell
Eurotas Hastings
State of New York, ss. I, Charles Crane, Clerk of said County, do hereby certify that Eurotas Hastings, whose name is subscribed to the above certificate of affidavit, was at the date thereof, a Justice of the peace in and for said county; and that I am well acquainted with his handwriting and verily believe the said signature to be his proper act and deed.
In testimony whereof, I have hereunto set my hand and seal of office, this seventeenth day of June A. D. 1833 -
Charles Crane.

State of New York Ontario County ss.
On this first day of October 1832 personally appeared before David M c Neil Esquire one of the Judges of the Court of Common Pleas of said County, James M c Donnell a resident of the Town of Phelps in the County and State aforesaid aged Eighty Seven Years, who being first duly sworn according to Law, doth on his oath make the following declaration, in order to obtain the benefit of the Act of Congress, passed June 7, 1832.
That he entered the service of the United States under the following named officers, and served as hereinafter stated. viz: That in the year 1775 at New Windsor in Sullivan (now Orange) County, New York, he was ordered out in the Militia in Captain Belknaps company and was in service about three months. That in the winter of 1776 he was a sergeant and was ordered out at said Town of New Windsor, in Captain James Humphreys company in Colonel James M c Cloughertys Regiment, went to Paramus and was stationed there and in that neighbourhood as a guard to protect the country from the encroachments of the British; he was in the service as sergeant three months and was discharged at Hoppers or Hoppetown by General Clinton who commanded: That in 1777 he was again ordered into service as a sergeant in the same company and Regiment, was in service three months, and was stationed at and employed during that time working on Fort Montgomery, was in the fort at the time the British under Colonel Campbell took it by storm which was on the 6th day of October 1777, Captain Humphreys and Colonel M c Clougherty were both

made prisoners, he made his escape and was then under the command of Lieutenant James Carnahan, and continued in the service at different places on the North River for three months longer, and making six months service rendered in that year as Orderly Sergeant: That in 1778 in the summer he was ordered out under Captain William Faulkner and Lieutenant Colonel Newkirk, was at Westpoint and was in service about three months as Sergeant: That in the summer of 1779 he was again ordered out into the service and was a sergeant under said Captain Faulkner and said Lieut. Col. Newkirk, went over the mountains, to what was at that time called the "Frontiers", to guard and protect the country from the depredations of the Indians and was three months in service: That he continued to perform the duties of orderly sergeant and was more or less out on duty every year during the war from two to three months at least; That from his extreme old age and infirmity, his memory is much impaired, so as to render it impossible to give that detailed and circumstantial account that he could have done some years ago, and in addition, he is very deaf which makes it difficult for him to understand: That he has no documentary evidence of his service and knows of no other person whose testimony he can procure, who can testify to his service except that of Oliver Humphrey whose affidavit accompanies this declaration: That he resided during the war at New Windsor in Orange (then Sullivan) County in New York until the month of May 1803 when he removed to the town of Phelps, Ontario County New York.
He hereby relinquishes every claim whatever to a pension or annuity except the present, and declares that his name is not on the Pension Role of any Agency of any

In the matter of James M c Donnell Appl n for Pension
19784
Ontario miles
v 23
R ev Mr Bayly Gore Ontario County

State or Territory whatever.
James Mc Dowell
Sworn to and subscribed, the day and year aforesaid.
before me David M Neil one of the Judges of the Court of Common Pleas of Ontario County
We Wm R. S. Bets Pastor of the Presbyterian Church of Phelps and Joseph Vandemark Justices of the peace both of the town, hereby certify, that we are well acquainted with James M. Dowell, who has subscribed and sworn to the above decla- ration; that we believe him to be Eighty seven 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.
Wm R. S. Bets Pastor of the Presbyterian Church of Phelps.
Sworn to and subscribed this Twenty second day of October 1832 Joseph Van Bemark Jr. before me David M Neil one of the Judges of Ontario County.
And the said David M Neil judge so does hereby declare his 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 said judge further certifies that he is well acquaint- ed with Wm R. S. Bets and Joseph Vandemark Jr. that they are residents of the town of Phelps, in said County of Ontario, that they are credible persons and that their statement is entitled to credit.
And the said judge further certifies that

he is a neighbour to the above named James McDowell, that he has known him for many years, that he has always sustained a good character for truth and veracity, and that he has long understood and believed that he was a Revolutionary Soldier and served as he states. And the said Judge further certifies that said James McDowell from old age and bodily infirmity, cannot attend the Court without great difficulty and some hazard, and that he considers him to come within the rule to qualify de to his declaration at home.
David McNeil One of the Judges of the Court of Common Pleas of Ontario County.
State of New-York,
Ontario County ss. I, Charles Crane, Clerk of said County, do hereby certify that David McNeil, whose name is subscribed to the several foregoing certificates was at their respective dates a Judge of the Courts in and for said County; And that I am well acquainted with his hand writing and verily believe the said Signatures to be his proper act and deed -
In testimony whereof, I have hereunto set my hand and seal of office, this seventh day of November A. D. 1832.
Charles Crane

State of New York Ontario County ss.
Oliver Humphrey of the Town of Phelps in said County doth on his Oath depose and say that he has long known James McDowall of said Town that they both lived in the Town of New Windsor in Orange (then called Sullivan) County New York during the Revo- lutionary war; that in 1775 said McDowall was in the service as a soldier in Captain Bicknall's Company and might have been in service that year about Three Months; that in 1776 said James McDowall was Or- derly Sergeant in Captain James Humphrey's Company Col James McLaugherty's Regiment, that deponent belonged to said Company, that in the winter they were ordered into service went to Parnam's Church and served in that vicinity, that deponent was taken sick with the mumps and went home on furlough, left McDowall in the service, that he afterwards returned home also and as deponent thinks must have been absent not (3 hrs.) less than three months - Genl Clinton was the Com- manding Officer - That in the summer of 1778 de- ponent and said McDowall were in service of the United States in Captain William Falkner's Compa- ny and were at West Point assisting at the Fort under the Superintendence of Judge Wisner; that in October 1777 deponent saw said McDowall at New Pough who informed him that he had but just escaped from Fort Montgomery which was taken by the Bri- tish on the 8th day of October 1777. That Captain James Humphrey and Col McLaugherty were both taken prisoners at said Fort - to which Company and Regiment said McDowall then belonged and was Orderly Sergeant - That said James McDowall was out more or less every year during said Revolutionary war, as much as

two months or more in each year —
Oliver Humphrey
Sworn to and subscribed this ( 26th day of July 1832 before me Richard M. Bayly Notary Public
I am well acquainted with Oliver Humphrey the subscribing witness to the above affidavit and know him to be a credible person
Richard M. Bayly
State of New-York, Ontario County ss. I, Charles Crane, Clerk of said county, do hereby certify that Richard M. Bayly whose name is sub- scribed to the above certificates, was, at the date thereof, a Notary Public in and for said county; and that I am well acquainted with his hand writing and verily believe the said signatures to be his proper act and deed. In testimony whereof, I have hereunto set my hand and seal of office, this seventeenth day of June, A.D. 1833. Charles Crane.
In the matter of James M c Donnell App l for Pension
19730 Richard M c Bayly Ontario County Ontario

No. 17, 1869.
James W. Howell
Ontario County
New York
C.I.F.
Admitted
August 15 mo
Private 3 18
R. M. Bayley A.S.
Steuben County
Geneva P. Office
New York

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)                      , who has hereby certify, that we are well acquainted with                      , who has subscribed and sworn to the above declaration; that we believe him to be years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.
Sworn and subscribed the day and year aforesaid.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that A. B.
who has signed the preceding certificate, is a clergyman, resident in the and that C. D., who has also signed the same is a resident in the and is a credible person, and that their statement is entitled to credit.
I,                      Clerk of the Court of                      do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this                      day of                      &c.
Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction.
If such surviving witness cannot be found, the applicant will so state in his declaration (l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his alleged service, as they are known at the Department. A very full account of the services of each person

will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County, in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.
The Court will propound the following (m) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.
 1. Where and in what year were you born?  2. Have you any record of your age, and if so, where is it?  3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?  4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom?  5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services.  6. { To a Soldier. } Did you ever receive a discharge from the service, and if so, by whom was it given and what has become of it? { To an Officer. } Did you ever receive a commission, and if so, by whom was it signed, and what has become of it? 
7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution.
The Court will see that he answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant.
The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons -one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion. If one of these persons is a Clergyman, the Court will so certify, and they will also certify, to the character and standing of other persons, giving such certificates.
The traditional evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party. And the Courts are requested to be very particular in the enquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
Applicants unable to appear in Court by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court.
Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature.
No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.
[a] The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance.
[b] The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not conforming to the rule.
[c] The age of the claimant must invariably be mentioned.
[d] The declarant must mention the period or periods of the war when he served.
[e] Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had. Every claimant must state, with precision, the length of his service, and the different grades in which he served, in language so definite as to enable the Department to determine to what amount of pension he is entitled. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service; but, according to the best of his recollection, he served not less than the periods mentioned below, and in the following grades:—For _____ year _____ months, and _____ days, I served as a _____ For _____ months and _____ days, I served as a _____; and for such service I claim a pension."
It is important, in all cases, to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months , in the militia, &c. without specifying the time, 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 claimant 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 [i] 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.

Rev. Mar
11.055 INVALID.
File No. 11.055
James M. Dowel Sergt. Row. M. M.
Act: June 7th 1832.
Index: — Vol. 1 , Page 247
[Arrangement of 1870.]