Revolutionary War Pension and Bounty Land Warrant Application File R. 8,374, for Lemuel Potter, New York

SERVICE
NUMBER _____
SERVICE New York
Potter, Lemuel
R. 8374
CONTENTS

Samuel Potter.
From 1 Feb. 1777. to 28 Apr. 1783
Served upwards of 6 Years. About 1 Year Under Dubois & about 5 Years under Col. Humphrey. Nov. 12th. 1811. Application—
Note... by reference to the records of the Department of War it will be seen that Potter made application about a Year ago his papers are now in your Office—Query whether his pension ought to bear date from the former or latter Application— was the Certificate written that a previous declaration was made on the 27 April 1818—
Communicated to—
Horatio Randall Pittsfield Village Pittsfield County New York

DISTRICT State of New York , ss. Cortland County
On this Twelfth day of November 1819, before me, the subscriber, one of the Judges of the Court of Common Pleas for the County of Cortland for the said district, personally appeared Samuel Potter aged Eighty Four  Eleven  half months resident in the Town ofolon — in the said district, who, being by me first duly sworn, according to law, doth, on his oath, make the following declaration, in order to obtain the provision made by the late act of Congress, entitled "An act to provide for certain persons engaged in the land and naval service of the United States in the revolutionary war:" That he, the said Samuel Potter — enlisted for and  during the War on the first day of February in the year 1777 or very near that time . at New Paltz in the state of New York — in the company commanded by himself as Captain of a Company of Rangers — of the Regiment commanded by Colonel Syrus Dubois — in the line of the State of New York — on the Continental Establishment; that he continued to serve in the said corps, or in the service of the United States, until the 28th day of April 1783 —, when he was discharged from service at Lake George the state of New York —, that he was in the battles of Taking Burgoyne on the 17th day of October 1777 . that he was also in the battle against Burgoyne on the 7th day of October same year — that he was in a number of other Skirmishes — and that he is in reduced circumstances, and stands in need of the assistance of his country for support; and that he has no other evidence now in his power of his said services. having lost his discharge
He remembers Sworn to and declared before me, the day and year aforesaid. Edward C. Reed One of the Judges of Cortland Pleas
Samuel Potter
I, Edward C. Reed — Judge, &c. as aforesaid, do certify that it appears, to my satisfaction, that the said Samuel Potter — did serve in the revolutionary war, as stated in the preceding declaration, against the common enemy, for the term of nine months at one time, on the continental establishment; and I now transmit the proceedings and testimony taken and had before me, to the Secretary for the Department of War, pursuant to the directions of the aforementioned act of Congress. I am also satisfied that he needs the assistance of his country for support. from the testimony of himself as well as from
a credible witness I also certify that he made a previous declaration (27) on the Twelfth day of April Eighteen hundred & eighteen according to law — Wilow November 12th 1819
Edward C. Reed One & C

State of New York
Clerks Office Columbia County N.Y.
I hereby certify that Edward C. Root Esq. whose signature appears to the within before whom the within affidavit was made was on the day of the date thereof now is one of the Judges of the Court of Common Pleas for said County acting under the authority of said State. His acts therein in that capacity are to be regarded as such. And also that I am acquainted with the hand writing of the said Edward C. Root & truly believe his name thereunto sub- scribed to be his proper hand writing. Witness my hand and the Seal of the Court of Com. Pleas for said County this 17
November 1849
James L. Hotchkiss Clerk

The judge before whom the previous declaration was made must certify to its having been
Dept of War Pension Office June 12. 1820
made according to law  done as well as the date thereof — Proof of Service required by two credible witnesses certified as such by
I will alone
the judge done The service under Col: Dubois entitles him to a Pension — Col Humphrey was not Continental.
ation to law —

old case 17.826. Capt. Samuel Potter. Cortland County, N. Y. Solon, New York
27. April, 1818.
Roswell Randall, Esq. Cortland Village Cortland Co. New York.
Rec d 2 d Oct. 1820.
Capt n . in Col o . Dubois's regiment, N. York line, 1777 — one year. in Col o . Humphreys's regt. from 1778 to 1783.
The service in col o . Dubois's regiment, is required to be proved by the testimony on oath, of two or more disinterested and credible persons, Certified as such, by the judge.
worth $: 23.00.

State of New York Cortland County ss
Schedule
On this thirteenth day of September 1820 personally appeared Samuel Potter, aged Eighty One Years & ten months, resident in the town of Solon in the said County of Cortland, who being first duly sworn according to law, doth on his oath declare that he served in the revolutionary war as follows: That he commanded a Company of Rangers in the line of the State of New York for about thirteen months in Col. Lewis Dubois's Regiment. That he was then assigned to Col. Humphreys Regiment and served till the 28th April 1783. Having served upwards of six years when he was discharged at Lake George. That the date of his Original Application was on the 27th day of April 1818. And I do solemnly swear that I was a resident citizen of the United States on the 18th day of March 1818 and that I have not since that time by gift, sale, or in any manner disposed of my property or any part thereof with intent thereby to diminish it as to bring myself within the provisions of an act of Congress entitled "an act to provide for certain persons engaged in the land & naval service of the United States in the revolutionary war" passed on the 18th day of March 1818, and that I have not nor has any person in trust for me any property or securities, contracts or debts due to me nor have I any income other than what is contained in the Schedule hereto annexed and by me subscribed.
Real Estate I possess none, nor have for five years. All the Stock I possess is One Cow eight years old, 1 Table, 1 Old Chest, 2 old Chairs, 1 darning pos. 1 bakepan 1 Spade. 1 Shovel, 12 sets Cups & Saucers, 12 sets Knives & Forks about worn out, and a few small articles which cannot at most be worth over three dollars. Samuel Potter.
And the said Samuel Potter further swears that he is by trade a Mechanic or Millwright. That he has been unable to perform the least Manual labor for upwards of two Years

And is in a pitiable & penniless situation having no intenable means of acquiring a subsistence except by Charity. That she has a wife named Catherine aged Eighty one years; unable to work, or support herself or family; she is very infirm, weakly, and cannot work. They both reside with their son in law David Hammond who thus far has supported them without any reward. And the said Samuel Potter further declares that at the age of fourscore and upwards, with a head white with age, and worn down by hardships, misfortunes, and the decays consequent upon old age. He turns with a reliance from the dreary scenes before him to the generosity and magnanimity of that country which was his pride & boast. While he had consecrated the prime of his life to protect & defend, confidently assured that the justice and generosity of his government will not see him in the evening of his life on the eve of his exit to another world pine and waste away in wretchedness and want.
Samuel Potter.
Sworn to & declared on the 13th day of September 1820 before
Edward C. Reed Esq Barak Niles Esq Oliver W. Griswold Esq
Judges of Cortland Common Pleas.
Joshua Ballard Clerk of the County of Cortland do hereby Certify that the foregoing oath and the Schedule thereto annexed are truly copied from the record of the said Court; and I do further Certify that it is the Opinion of the said Court that the total amount in value of the property exhibited in the aforesaid schedule is Twenty three dollars.
In testimony whereof, I have hereunto set my hand and affixed the seal of the said Court on this day of September 1820
Joshua Ballard

McGrawville May 1 - 1849 Hon J L Edwards Sir
Captain Lemuel Potter applied for a pension under act of 1818. and was rejected in 1821 - because he did not belong to the Continental line he died in March 1832 - Will you please inform me whether the children are ent itled to a pension from his death back to 1831 - and also whether the proof which he furnished at the time that he made an application - will be sufficient proof to identify his service
Your letter of Oct 24 - 1844 to Hon G Rathbun of Auburn does not deny that that his proof of service was insufficient to establish a pension - if he had belonged to the Continental line
Please answer as soon as convenient
Respectfully yours
Chester Babcock McGrawville Cortland Co N.Y.

Rejected, not having served on the continental establish- ment. Vide Commission.
See also Letter to R. Randal informing him of the decision April 28, 1821. — 7 letter 23 Sep 1828 to Dayton & Woods. 20 to Hon G. Rattray Oct 24. 1844. Ser. Chester Babcock 29 th Aug t 1849

The applicant will send on his commission — or if not in his possession will state the form and tenor thereof — and partic- ularly by whom he was commissioned.
27 Dec 1826
Letter Hon. F. R. Young 31 st Jan y 1850

Acts of July 14, 1862, and March 3, 1873.
8374.
REJECTED
P. O. _____
Lemuel Potter
Service: _____
Enlisted: _____, 18
Discharged: _____, 18
Application filed: _____, 18
Alleges: _____
Re-enlisted: _____
Attorney: _____
P. O. _____
_____ Recognized. _____ Cor
_____ Cert. of Dis. Searched for _____

Oct 24 '44
J. L. Potter Lemuel Potter
my
Oct 22a 25
Edwards Esq. Pension Court Washington, D.C.
FILE

Auburn Oct 19 th 1844
My Dear Sir I wish to learn if a man by the name of Samuel Pattor or Potter ever drew a Pension. He resided in this state & had been a Captain in the revo- -lution. Application sometime in the years from 1822 to 1825. Yours obedient Servt
Geo Rattler J L Edwards. Esq.

Portland Village, Me. Nov. 22 1820
P. L. Edwards Esq
Sir
At the solicitation of the judges of our county, & a number of other gentlemen of respectability, I enclose you the papers of Capt. Samuel Potter, for a pension.
In the beginning, I think it proper to declare, that I have no interest in, or implied in the event of the present application: but the extreme hardships of Captain Potter, and the anxiety of every man acquainted with his services, his misfortunes, and poverty, has induced me once more to trespass upon your patience and your generosity.
Potter commanded a company in the army of the revolution for upwards of six years, which consideration alone ought to entitle him to a pension, all the  all the the whole of the service was not performed under a Commander not strictly upon the Continental establishment; but Potter did serve upwards of a Year under Col. Dubois, who was on the Continental establishment.
Potter is a man extremely debilitated by age, and misfortunes; When he left the army and returned to his home, he returned with the loss of his health &

the ruin of his constitution and his prospects; in consequence of which, he is now lingering out a life of wretchedness and poverty, his only hope and reliance the magnanimity of that Government which he assisted in establishing: and could the representative of that Government, from whom he is now literally begging a scanty pittance, be induced to crawl but by the assistance of his Catches, his head piloured over with age, I cannot but believe that the day would produce its poverty, and his old age be charmed with the prospect that his government had not forgotten his services.
The law requires the testimony of two disinterested and credible Witnesses of his services. In addition to his own oath, you will observe the affidavit of Andrew Sherwood who swears positively to the fact that he knew him a Captain in the army; and according to his bill of exchange paid under Col. Dubois for upwards of a year; In addition to this Col. Rankin swears that he frequently heard of him in the army, that he served in Col. Dubois' Regiment, and moreover confidentially believes from his own knowledge as well as otherwise, that he did serve as stated in his original declaration.
This proof taken together, the one supporting the other, Corroboration, would in our Courts of Justice be sufficient proof under the act to entitle Peter to a pension;

I am aware that the agents of the Government, under the law relative to Pensions are duty bound not to construe it liberally, but strictly according to its letter, but there are certain circumstances cases where it would be a virtue, nay a duty to relax from a rigorous construction, to one benign and salutary, where there is no deception, and when they are convinced they are distributing justice; Such a case I view that of Capt Potter, and I feel an assurance, border- ing almost upon confidence when his extreme hard case is viewed you will be induced upon this testimony to grant him a pension
Cap! Potter would be entitled if he succeeded in his application to a pension of twenty dollars per month And I am aware that rather more pecuniary proof would be required in establishing such a claim, than one of only Eight dollars per month. He is not seeking this from so much himself or friends — He is content to receive such an amount as will barely support him the remainder of his days which in all human probability are but few, and to assure you of his disinterestedness — to convince his Government that Money is not his Object, beyond a bare support, he is willing to be placed upon the pen- sion list roll at the rate of eight dollars a month, and to have it commenced at the date of his original declaration, or from the date of his Schedule —

To your Generosity - to the Generosity of the Govern- ment I Appeal - And shall await your decision of the Case, whether to allow  allow him in his old age, or cast him forlorn and helpless upon the Charity of the Community
I am very respectfully
Your Ob. Servt.
Warren Randall

State of New York
Continued County of Andrew Sherwood of Dryden in the County of Tompkins a Revolutionary pensioner of the United States, entitled to Credit Pension, & not interested in the Application of Capt Samuel Potter, being first duly sworn according to Law doth on his oath declare that he served in the Revolutionary War for upwards of Six Years, commencing in the Year 1777. that he knew Captain Samuel Potter, commander of a Company of Rangers in Col o Lewis Dubois's Regiment, that accor- ding to his best belief he served under Col o Dubois for upwards of One Year & from his Regiment was assigned to another - that he often times heard of the said Potter in the army, and is confident as well from his own knowledge as that derived from others that he was actually in and did serve in the army of the Revolution - He has this day conversed with the said Samuel Potter, and from circumstances and inci- dents by him detailed I cannot entertain a doubt of his being in the army of the Revolution

reasonable doubts but that he is the same Captain Samuel Potter that served in Col. Dubois's Regiment as above stated, as he has certified in his Original Application hereto annexed of date the 12th day of November 1879. And further this deponent saith not
Sworn to & subscribed the 13th day of September } Andrew D. Wood 1880 before me
Warren W. Randall Commissioner To take Affidavits, acknowledgments &c

State of New York.
Cortland County ss. Sol. Nathan of Puxata in the county of Cortland a Revolutionary pensioner of the United States, a man entitled to Credit & Belief and no ways inter- ested in the application of Capt Samuel Potter - being duly sworn according to law depose & state that he served in the revolutionary war for upwards of One Year, that during his service in the Army he frequently Guarded of the said Captain Samuel Potter; that he had served in Col. Lewis Dubois's Regiment as a Captain of Rangers, but the length of time he is unable to State. And the Solomons Confidently believes from his own knowledge; from the statements made to him by the said Potter, and other incidents of the war related by him which the said Solomons knows to be true, that he did actually serve in the revo- lutionary war as stated in his application for a pension under date of the twelfth day of

November 1819 and which is hereto annexed And further the deponent saith not
Given to the Subscriber & this 13th day of September Solomon Rattler 1820 before me
Norwell Mandell a Com. to take Affidavits &c

STATE OF NEW-YORK.
CORTLAND COUNTY CLERK'S OFFICE, ss.
I certify, that Russell Brundall Esqr be- fore whom the annexed affidavit was taken, was, on the day of the date thereof, a Commissioner in and for the county of Cortland, duly authorised and commissioned as such, and that full faith and credit are to be given to his acts, in that capa- city. I further certify, that I am acquainted with the hand writing of the said Russell Brundall Esqr and verily believe the signature to the annexed affidavit to be in his own proper hand writing. In testimony whereof, I have hereunto set my hand, and affixed the seal of said county, this twenty third day of Oct. — eighteen hundred and twenty
Joshua Ballard Clerk.

State of New York.
Cortland County, ss. . . . Samuel Potter of Solon in said County being duly sworn doth depose and say, that in the beginning of the War. One thousand seven hundred & thirty seven, at the recommendation and solicitation of Colonel Cornelius Humphrey, he this deponent raised and recruited a Company of Eighty four privates, Upon an Understanding that he should receive a commission as Captain over them.
That this deponent took a letter of recommendation from the said Colonel Humphreys, and also one from the Company thus raised, to George Clinton Esq. then Governor of the State, whose Head Quarters were at that time in Poughkeepsie: That His excellency was pleased to grant him a Commission, which was in a printed form, the terms whereof is not now recollected, other than it commissioned him during the War: That immediately after receiving said Commission he took charge of his Company and joined Col: Dubois's Regiment at Red Hook in this State, who was then on a March to Fort Edward; that he served in said Regiment upwards of a Year - He thinks nearly two Years.
And this deponent further saith that the Company was detached from the five several

Regiment then lying at Fort Edward, to consist a body of Rangers, and was placed under Colonel Humphrey who was formerly a Colonel of the minute men so called; that this deponent and his Company were detached from Col o Dubois's Regiment and placed under Col o Humphrey, whose Corps were then called Rangers: that he continued to serve under said Humphrey until he was discharged on the 28 th day of April, 1783 — That his commission & discharge are both lost.
And further this deponent saith not.
Sworn to Subscribed & this 17 th day of January 1821. before me —
Levi Root
William N. S. D. Commissioner of the Court.

2383
Samuel Potter v
Rev. Russell Hale
Portland Village, ME.
Dec. 20th. 1821
Post Office
PAID
83 3/4
Washington City

Will you be pleased to communicate the Result of Michael Frank application — also of Chengu Boora — and of the Enclosed as soon as possible
Yours sincerely
W. L. G. Standish
Ormskirk Feb 4, 1821