Revolutionary War Pension and Bounty Land Warrant Application File R. 8,377, for Nathaniel Potter, New York

SERVICE
New York
Potter Nathaniel
NUMBER
R. 8377
CONTENTS
11

State of New York County of Washington ss:
On this 18 th day of August 1832 personally appeared before me Charles F. Ingalls one of the Judges of the Court of Common Pleas in said County Nathaniel Potter a resident of Easton in said County aged seventy one years who being first duly sworn according to law deposits on his oath makes 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 under the following named officers and served as here in stated. In April 1776 he was drafted at New Concord (so called) now called Chatham as this respondent thinks in the County of Columbia in the State of New York into a company commanded by Capt Killeck and a regiment commanded by Lieut Col Asa Waterman and went to Fort Ed- ward on the Hudson was gone from home rather more than three weeks and discharg- ed and went home. In the month of August drafted again at the same place for three months under the same Officers as in the preceding service and went to Fort Edward from thence they marched up the Mohawk
3 weeks

3. mo
6. Johnstown, where they remained three months. When this Regiment was discharged and went home the last of October, Gen. Schuy- ler had the command during this last term of service. This Regiment was again draft- ed in 1780. under Capt. George Darrow. Col. Block and Gordon. Marched to Fort Plain on the Mohawk about twelve miles from Cherry- valley heard an alarm from Cherry Valley by the firing of cannon. About one o'clock at night an express arrived from Cherry- valley, and informed them that the Tories and Indians, were burning Cherry Valley and killing the inhabitants. The Army marched within two miles of Cherry Valley and encamped for the night. While they lay there another ex- press came, that they were burning Cherry Valley and killing the inhabitants Upon receiving this intelligence a Lieutenant belonging to Cherry Valley got a Drummer and beat up for Volunteers four Companies volunteered but Col. Block and Gordon ordered them to stop, and ordered the other part of the Regiment to fire upon them

then if they (the 4 companies) attempted to march toward Cherry Valley, and they did not go. The next morning the regiment marched for Cherry Valley, & when they arrived there, found that the Tories & Indians had gone. They killed Col Alden & the Adjutant & 7 or 8 off the privates, 27 of the inhabitants, and car- ried off Lieut Col Stachey. The regiment arrived when the sun was about 2 hours high, & from information, the Tories & Indians went away about sun rise. The same day they marched back to Fort Plain. Had now been out nearly six weeks. The Continentals at Cherry Valley took their provisions. He remained about 6 weeks, and then returned home. had been gone from home about three months & a half. In 1779 he went to Fort Edward un- der Captain Frisby. Col Watson in the summer season. Gave three weeks from home was 5 days at Greenbush as they went up. In 1780 16 th June came into Easton. The people were notified by the firing of 3 cannon, of an alarm, & a signal for the regiment to turn out They rendezvoused at Saratoga Barracks, where they had Quarters then were. Went out as from there they marched up the Hoohawk
m o 3 1/2
31.

6. Johnston  John  Sturtevant  Sturtevant  was  was  often  often as eight times in the whole two months -
Omitted
After his return from Fort Edward in 1779 this defendant was drafted into a company commanded by Captain Philip Tracy  Trisby Col. Watuman Marched the last of August according to his recollection to Albany staid two days & two nights to draw provisions, ammunition, and accoutrements. Marched up north of Goy, about 3 miles and encamped for the night - then moved on and encamped the next night at the fly in Stillwater. The next day marched to Fort Edward. Next day to Fort George on Lake George. Thinks General Schuyler commanded at that Fort at that time - Thinks he staid as long as 6 or 7 weeks was then discharged and sent home. Does not recollect the exact time on which he arrived at home - Has resided at Easton aforesaid since the revolutionary war. Has a record of his age in the family bible at home - Born in the year 1760 - at Easton - Never received a written discharge at any time - He hereby relinquishes every claim to a pension or annuity except the
Recd copy 1848
6 weeks

Nathan Potts Pension Claims
Declaration

for asunt and declares that his name is not the Pension Roll of the agency of any state Sworn to and submitted The day and year aforesaid Nathaniel Potter Charles J. Ingalls one of the Judges of Washington County Courts
We Cornelius Potter residing in the town of Easton and Gideon Cornell residing in the same place hereby certify, that we are well acquainted with Nathaniel Potter who is described in the above declaration; that we believe him to be seventy one years that he is respected and beloved in the neighbor- hood where he resides, to have been a soldier in the revolution, and that we concur in that opinion Sworn and subscribed } Cornelius Potter The day and year aforesaid } Gideon Cornell C. J. Ingalls
9 th Mo
And the said Judge hereby declares his opinion after the investigation of the matter and after putting the inter- rogatories prescribed by the War Depart- ment that the above named applica- nt was a Revolutionary Soldier. and served as he states. And he

And the said Judge hereby declares his 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 he further certifies that Cornelius Potter who has signed the preceding certificate is a resident of Easton & is a credible person, and that Gideon Cornell who has also signed the same is also a credible person; and that their statement is entitled to credit. And he further certifies that the above named applicant cannot from bodily infirmity appear in Court. Charles T. Ingalls

State of New York - In Washington Court March 3 d 1848 - Present Hon. Martin Lee County Judge -
I Henry Stephen Clerk of the County Court of the County of Washington State of New York. do hereby certify that on the third day of March 1848. personally appeared in open Court Eden Cornell & Clara his wife approved to the satisfaction of said Court, that Nathaniel Potter formerly of Easton in said County died intestate, leaving no widow that the said Clara Cornell was at the only child & heir at law of the said Nathaniel Potter deceased -
In testimony whereof I have hereunto set my hand and seal of office, this third day of March in the year of our Lord one thousand eight hundred and forty eight.
H. Shepherd Clerk

Isaac Cornell to Clara his wife ~~~~~ Pension declaration

State of New York Washington County ss. On this third day of March 1848 personally appeared in open Court, before the County Court in and for said County now sitting Gideon Cornell and Clara his wife - residents of the Town of Greenwich in said County & State - The said Gideon aged 68 years, & the said Clara 65 years, who being first duly sworn according to law - do on their respective oaths make the following declaration in order to obtain the benefit of the act of Congress passed June 7 th 1832 -
That Nathaniel Potter formerly of the town of Easton in the County of Washington & State of New York, an applicant for a pension under the preceding act, died on the 11 th day of February, 1833, after having made the said application - and before obtaining a pension - intestate, leaving him surviving no widow, and the said Clara his only surviving child and heir at law - For the particulars of the service the officers under whom he served, and all the other requirements of the Department the said applicants Gideon Cornell & Clara his wife refer to the original declaration of the said Nathaniel Potter herunto annexed - and they further state that they have not in their possession - nor is there within their knowledge any documentary or other evidence of the service - of the said Nathaniel Potter -
They hereby renounce every claim whatever to a pension or annuity except the present

founded on the services of the said Nathaniel Potter, and declare that they have no
knowledge nor do they believe that the name of the said Nathaniel Potter is on the pension roll of the agency of any State Government and subscribed the Gideon Cornell, day & year aforesaid.
Clara Cornell Subscribed & sworn in open court March 3 d 1848 W. Shipherd clerk
I Henry Shipherd Clerk of the County Court of the County of Washington & State of New York do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Gideon Cornell & Clara his wife for the allowance of pension money due to Nathaniel Potter deceased as his heir at Law.
In testimony whereof I have hereunto set my hand and seal of office this third day March in the year of our Lord one thousand eight hundred & forty eight. W. Shipherd clerk

No 3
Dec 1853
transp

State of New York Saratoga County p:
Benjamin F. Gannell of the town of Moreau in said County, being duly sworn saith. That he now resides in said Town of Moreau, that he is a physician & surgeon; that he formerly resided in the town of Easton in the County of Washington; that he resided in said town for twenty years - that he knew Nathaniel Potter - that said Potter was his grandfather - that he attended upon Nathaniel Potter - in the capacity of Physician; that he attended said Potter in his last illness, & that said Potter died on the 11 th day of Feb. 4 th 1833. And deponent further saith that his grandfather resided in said Town of Easton, at the time of his death - Known before me This 28 th day of December 1853.
Benj. F. Gannell
Sworn to before me N. Thompson Justice of the Peace
I hereby certify that I am acquainted with Benjamin F. Gannell, whose name is signed to the preceding affidavit, that he is a credible person, & that his statement is entitled to credit.
C. W. Dreadwell for ten years Pastor of the Presbyterian Church in Moreau
I concur in the above statement N. Thompson

State of New York, } ss. Saratoga County Clerk's Office. }
I, JAMES W. HORTON, CLERK OF THE SAID COUNTY, do hereby certify, That Jason M Thompson whose name is subscribed to the annexed affidavit, was, at the date of said affidavit, a Justice of the Peace of the County of Saratoga, dwelling in said County, duly qualified; and that I am well acquainted with the hand-writing of the said Justice
and verily believe that his signature to the annexed instrument is genuine.
IN TESTIMONY WHEREOF, I have hereunto set my name, and affixed the Seal of said County, this 14 th day of January in the year one thousand eight hundred and fifty four
James W Horton ..... CLERK.

N 5678
Nathaniel Potter
NY
Lot 6 Sec. 1 Ingalls
Sept. 18th '48
Thomas Ingalls
March 3, 1852
Same March 21, 1852
Same April 3, 1852
Sec. 1st. April 19/54
St. L. Ingalls May 15/1832
Oct 7 June 1832
due 11 Feb 1833
Search for documents

The testimony in this case is manifestly insufficient -
It is solely testimonial - and there is no evidence whatsoever to connect the defendant with the crime exhibited -
NKP
Con d decision aff d ?
B. 1006
Apr 26/32

Prison Office September 18 th 1854,
Sir
The papers transmitted by you in the case of Nathaniel Pitte, dec d have been examined & placed on our files -
An Enilena in support of the alleged Service of Pitte in the New York Militia has been produced, The records in the Comptroller's Office at Albany, should furnish some proof of Pitte's Service -
The date of his death should also be established by the affidavit of the Coffin Maker or Minister, who officiated at his funeral, or the Physician who attended him in his last illness. (6. Frye) (Recd) J. Edwards

N. Potter President
Indefinite attached to the certificate. I have nothing to say of the certificate of the President of the Board of Directors, as to the amount of capital stock, and the amount of capital stock which has been paid in, and the amount of capital stock which is due from the stockholders, as the same is not in my knowledge, and I have no knowledge of the same.

BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of Nathaniel Potter which require further proof or explanation.
I. Does the declaration show where the applicant resides? yes. II. Did the declarant make the declaration in the county where he resides? yes. III. If the applicant did not make the declaration in the county where he resides, is there any reason assigned for his not doing so? IV. Has the declarant mentioned the period or periods of the war when he served? yes. V. *Has he mentioned with precision the length of his service, and the different grades in which he served, in language so definite as to enable the department to determine to what amount of pension he is entitled? no. VI. Has he given the names of the officers under whom he served, in conformity with the regulations? yes. VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832? yes. VIII. Has the Court given their opinion? yes. IX. Has the Clerk given his certificate? yes. X. Is the Clerk's seal affixed? And if so, has it a device or inscription by which it can be distinguished from any other seal? yes.

XI. Has the applicant obtained the evidence of a clergyman and another respectable citizen as to their belief respecting his age and the general belief in his neighborhood relative to his revolutionary service? He has adduced the evidence of two Credible persons, but not that of a Clergyman XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it? None XIII. If the applicant has no documentary evidence, and has not obtained the testimony of at least one living witness, has he stated in his declaration that such proof cannot be had? No XIV. † If the applicant has produced a witness or witnesses as to his service, has the magistrate who administered the oath certified that he, she, or they are persons of credibility? XV. Does it appear from any of the papers that the witness was in such a situation, or of such an age, as to have a personal knowledge of the applicant's service? XVI. ‡ Are the papers authenticated as the regulations direct? No XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered? The Judge Certifies that the interrogatories were put to the applicant
EXPLANATORY NOTES.
* QUERE V. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words: "Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service, but according to the best of his recollection he served not less than the periods mentioned below, and in the following grades: For _____ year _____ months and _____ days. I served as a _____. For _____ months and _____ days, I served as a _____; and for such service I claim a pension."

It is important in all cases to determine with precision the period for which the 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.
†QUERE XIV. Proof of Service.
In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses, who are required to set forth in their affidavits the time of the claimants entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the affidavits must be properly authenticated, as above directed.
†QUERE XVI. Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticated the papers is not written on the same sheet of paper which contains the affidavit, or other paper authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the end 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.

Greenwich Feb. 20 th 1854 To The Commission of Pensions Sir
On the 18 th Ap r . 1848. a letter was rec d from your department. (a copy of which I herewith enclose) stating that the papers in the case of Mrs. Camille. Daught r of Nathaniel Potter were rec d & placed on file & requiring the following additional Ind ca 1 st . The date of Potter's death established. by the affidavit of the Coffin maker, or minister who officiated at his funeral, or the Physician who officiated in at his last illness - I have obtained the afft. of the last mentioned person

2 nd . The objection was raised that the rolls in the Office of the Comptroller of this State should furnish some proof of Potter's Service. As soon as I undertook this case, I sent to that office & in return received the enclosed certificate Owing to a misunderstanding of my letter, relative to the 10 days Service, I have recd no certificate, but I trust the evidence offered will be sufficient. The officers, under whom Potter, is certified to have served, commanded a Regiment raised, on the East & West sides of the Hudson, & many of the men came from the Town of Easton, where Potter resided when he performed

his last service - in 1780 - as he sets forth in his original declaration now in my hands -
Respectfully Yours Thomas Ingalls Greenwich Wash Co N.Y.

Greenwich March 13 th 1854 L. P. Waldo Esq
Dear Sir
I rec d a few days since a letter from the Department, objecting to the evidence I furnished - I conceive the Department have not examined the evidence. For I felt sure that I have complied with the requisition of the Department as laid down in three regulations. Nathl Potter claimed under the Law of 7 th June 1832 relative to the Militia, 1 st he furnished a Declaration, with witnesses - Mr Edwards, required some evidence from the rolls, & an affidavit of Potter's death. this I have furnished for when the Department say some service. I conclude they mean

Evidence to establish the facts of Potter being a soldier, this is established - The Department certainly does not require, that 6 months service should be proved from the rolls in the Comptroller Office & in no other way - In the solution of the Laws of 1849 page 43 it is laid down that "To require from the applicants positive proof of service from a contemporary survivor, would, after the lapse of so many years, be to deprive many of them of the benefits of the law; And as no presumption is raised against the militia by the existence of rolls in the Department , there is no good reason why this requisition should be extended to them" In Art "E" the Department say, that traditional evidence is indispensable in militia
cases". Enclosed I send the copy of Potter's Original declaration, with the afft of the Lawyer who took his statement - I further send the declaration of Mrs Canell as to the friendship & her husband's affts. they lived with him - who can have more knowledge as to the fact of his having been a soldier? Under the head of traditional evidence I have furnished the best that can be furnished - I conceive that all the Department want is to be satisfied of the truth of the claim - The case stands thus 1 st his Original declaration shows more than six months service 2 nd The Record from the Comptroller Office, proves the fact that he was a soldier - being a fact, that is

not required in Melcher cases.) 3 rd The copy of the Declaration or Statement, if it corresponds with the facts set forth in the Declaration on file in the Office, will support the truth of the claim.
4 th Traditional Evidence. Such as is furnished, will support the claim - I trust that the evidence now in file, & that herewith presented, will prove sufficient to justify the Department in granting the claim -
Respectfully Yours Thomas Lyalls Greenwich
Wash Co N.Y.

Mch 11/48
Case of G.T. Ingalls Mrs of Nathaniel Roller Bliss
Mch 11/48
G.T. Ingalls
Henry J. A. Palmer
Bank of Danvers
Amesbury 12 1/2
PAID
1-1832
Copy of Washington
sent to
for evidence case Michael Roller, Jr.
March 11. 48 Mr. Ames

Greenwich Week 60 My. March 6 th 1848
Hon J. L. Edmonds
Dear Sir.
I enclose you the pension declaration of Fideu Cornell & Clara his wife - who claim as heirs at Law of Nathaniel Potter deceased. Nathaniel Potter in his life time presented his own declaration which was returned with some objections, and he died very soon afterwards and his paper remained in my possession until the present time - the Clerk's certificate on the back of the declaration became worn in place - I pasted a paper on the back - and have written on the back side of it - mainly what was written on the back of the certificate. I suppose that an heir is now presumed to have in his possession the original proof of pension, and that declaration of the ancestor under oath in his lifetime coming so nearly to the requirements of the ancestor would be sufficient.
Yours &c C. H. Ingleby.

No 7
Copy Letter of Communion Edwards

Pension Office September 18 th 1848-
Sir -
The papers transmitted by you in the case of Nathaniel Potter, dec d , have been examined & placed on our files -
No evidence in support of the alleged service of Potter in the New York Militia has been produced. The records in the Comptroller's Office at Albany, should furnish some proof of Potter's service -
The date of his death should also be established by the affidavit of the coffin maker or minister who officiated at his funeral, or the Physician who attended him in his last illness -
I am very respectfully Your Ob t Servant - J. L. Edwards -
L. F. Ingersoll Esq Greenwich
New York
(a copy)

No 4 (duplicate)
March 16

[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:
   Date of Certificate Name No. of Cert'e issued, £     Oct. 25, 1780 Nathl Potter " " " 33. 881 " 16 "  " " "  " " "  " " "  " " "  " " "  " " "  " " "  " " "  " " "  " " "  " " "  " " "  " " "  " " "  " " "  " " "  " " "  " " "  " " "  " " "  
STATE OF NEW-YORK,
COMPTROLLER'S OFFICE, Albany, Jan 26 1854
I hereby certify the above to be true extracts from Book No. 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. Peter Van Woert in Supposed to be Lieut Col. Corn Van Vechten's Regiment.  Second " "  Third " "  Fourth " "  Fifth " "  Sixth " "  Seventh " "  Eighth " "  Ninth " "  Tenth " "  Eleventh " "  Twelfth " "  Thirteenth " "  Fourteenth " "  Fifteenth " " 
The above is all I can find in the office and as I understand from your note of the 20th that you have a certificate for 10 days service of Nathl Potter no extra work will be required no charges for this
Albany Jan 26/54  W B Hasbrouck  Ex. 61/10
I have examined the rolls for the above, and find £ to be correct.
Examining Clerk.
Comptroller.

No 4
Respectfully, infered work Deer gch interior Warbler Apr 14. 1854
Mr Calvert

State of New-York, COMPTROLLER'S OFFICE.
Albany, March 16 1854.
I Hereby Certify, That on searching the Records in this office for the Registry of Certificates issued in pursuance of a law, passed April 27, 1784, entitled "An Act for the settlement of the pay of Levies and Militia for their services in the late war, and for other purposes therein mentioned," I find the following, viz:
   NAMES. NO. OF BOOK. NO. OF CERTIFICATE. DATE. £ S. D. RANK AND NAME OF COMPANY OFFICER. RANK AND NAME OF FIELD OFFICER.     Nathl Potter Privt 7 33,881 Oct. 25. 1780 " 16 " Capt. Peter Van Woert Lt. Col. Corn d Van Brighten   [scribble]   [scribble]   [scribble]   [scribble]   [scribble]   [scribble]   [scribble]   [scribble]   [scribble]  
I have examined the Rolls for the items above set forth, and find them to be correct.
[Signature] Clerk.
[Signature] Comptroller.

No 8,
Copy Letter of Commissioner Waldo

Pension Office
March 21 st 1854
Sir -
The claim of Nathan Potter of New York cannot be admitted unless a service of six months can be established by record, or upon the testimony of those who know of their own knowledge that he received as much. It will not be denied that cases have been admitted upon much slighter testimony than is here demanded; but then the nature of the service was not so well understood, as it is now - nor was it known that so many militia records were in existence, & those records are particularly full in New York, and the fact that Potter's name does appear upon them & for a shorter period than six months is a strong presumption against the rendition of so much service, which can only be rebutted by the testimony of those who know that he served as alleged -
I am respectfully Your Obedt Servt L.P. Waldo Commissioner
Thomas Ingalls Greenwich N.Y.
(A copy)

No 6 In the Case of Nathl. Potts Appeal— _____
Mar 27/54

Greenwich. March. 27 1854 S. P. Waldo Esq Sir -
Your letter of March 21 st was duly received. And as from an inspection of the pension laws I cannot agree with the decision of the Department, I am desirous of appealing from the decision of the Department in the case of Nathaniel Potter.
I appeal from the said decision requiring six months Service to prove from the records on the grounds
1 st That there are no printed regulations of the Department, requiring such proof. The copy of the laws in my possession published in 1849- contains the following language. "And, as no presumption is raised against the militia by the existence of rolls in the Department, there is no good reason, why this regulation should be extended to them." Such is the language of the law. - now, can the Commission, raise the objection effectually, that six months service is not proved from the rolls - 2 nd The Commission, points out one other way, viz. proof from Extraordinary Surveys. What says the law. "To require from the applicants positive proof of service from

a coterminous service, would, after the lapse of so many years, be to deprive many of them of the benefits of the law" - Such is language of the Law in 1849 - with how much more force does this clause apply after the lapse of 8 years, which must close the career of the Revolutionary Soldiers alive in 1849 - The question then is - for it comes to this - Can service be proved only from the rolls, thus placing the rewards of the soldiers service, upon the mere chance of a correct return of officers, who in many cases were careless of their duty in this respect.
3 rd Allowing that a regulation of the Department not published - can take the place of a published regulation - are such regulations ex post facto in their operation. If not this regulation does not apply to this case. The papers in this case were put on file in 1848 - by reference to the letter of M c Commission Edwards, a copy of which I have enclosed to the Department - all that was required, was, that some evidence of Potts being a soldier should be furnished this I have furnished from the Comptroller's Office of 1849 & the requisite affidavit - I have then complied with the Law as it was in 1848. Inasmuch as the present regulation is ex post facto.

in its operations - ? -
4 th The evidence upon which this claim is found - . Mr Commissioner Waldo justly remarks. "It will not be denied that cases have been admitted upon much slighter testimony than is here demanded." The proof is as follows - 1 st Potter's declaration & evidence supporting it; 2 nd Certificate from the Comptroller of New York, showing that Potter was a soldier - 3 rd The afft of B. F. Ingalls, setting forth Potter's original declaration & 2 nd affts. making of themselves, a strong case of traditional evidence alone - together with such other affts. as by the law is demanded -
Upon the above grounds I appeal from the decision of Mr Commissioner Waldo - the claimant is now depending upon the justice she ought to receive from the government for a support - The justice of the claim cannot be doubted - if finally rejected, must be so upon technical grounds -
Will Mr. Waldo lay before the proper tribunals the above appeal, with such other papers as are necessary in the determination of this matter as are now in the hands of the Department. (I P Waldo by.)
Respectfully Yours Thomas Ingalls

✓ Thomas Ingalls Greenwich Wash. Co. N.Y. Rec. Apr. 15 th 1854
Appeals from the decision of the Commr. of Pensions in the case of Nath. Potter.
✓ Respectfully referred to the Commissioners of Pensions for a Report.
Dept. of the Interior Apr. 15/54 } Geo. O. Linton Chf. Clerk
Col. Stokes
Decree Affirmed April 29, 1854 See decision.
15 Apr. 1854.

To The Honorable, the Secretary of War of the United States of America
Sir -
As I am not satisfied with the decision of the Commission of Pensions, in regard to the case of Nathaniel Potter a Revolutionary Soldier, formerly of the State of New York, I am desirous of laying the facts before you Hon. in order that the decision of the Commission of Pensions may be reviewed on appeal -
1 st I lay before you Hon. the facts proven, all of which, should be set forth in the Commission's Report -
In the years '47 & '48 (Potter being then alive) (or it may have been previous to that time) Under the Law of 7 th June 1832. Potter filed his Declaration, supported by some other witnesses in the department - In answer thereto, a Letter was received from Mr. Commissioners Edwards was received (a copy of which I herewith enclose) stating "that the records in the Comptroller's Office at Albany, should furnish some proof of Potter's service -"
At that time since the matter was placed in my hands, I obtained the required afft. the proof of service from the Comptroller - (a certificate of which I herewith enclose) The Commission was not satisfied, I then filed in the Office, additional traditional evidence together with the declaration of the only surviving heir (see Clara Cornell) - Such are the facts, & upon them the Commission has rejected the claim -

The grounds of rejection, are particularly set forth in Mr Commissioner Waldo's letter, a copy of which I herewith enclose & are briefly these - viz that Patten's Service must be proven from the rolls - in Albany - to the amount of six months, or from Contemporaries, knowing to the fact of his Service - from this decision I appeal - on the following grounds - In the pension Laws published in 1849, on the Motion of Mr Johnson of Louisiana, the regulations by which I understand the Department to be governed in these decisions, are here set down - The question is! does these laws & regulations sustain the Commissioner's decision -
In the law itself, it is only provided, that a Service for a period not less than six months must be proven - Is there any provision in the Law, which requires that the Service must be proven from the rolls in the Comptroller's Office? I think not! -
We next come to the regulations as to proof - At page 43 of the Laws - we find the following - "To require from the applicants positive proof of Service from a Contemporary survivor, would, after the lapse of so many years, be to deprive many of them of the benefit of the law; & as no presumption is raised against the militia by the existence of rolls in the department, there is no good reason why this requisition should be extended to them" - If this is Law by which applicants are to be guided

How can Mr Commissioner Waldo's decision be sustained? - for here is a case, which goes beyond the regulations, & furnishes proof of service from the rolls, besides being supported by traditional evidence -
Take another view of the case & suppose the present Commission has established a different regulation, in force at the present time, will it affect this case? It was presented before the 18 th of Sept. 1848. has more than complied with the regulations of 1849, & the defects alleged in the letter of Commissioner Edwards, are supplied. Unless the present regulation is ex post facto in its operation, how can it affect this case? -
The rule laid down by the Commission would exclude almost every claim, however correct. The Rolls are then imperfect, & thus a just claimant must lose, through the negligence of his Officer, in returning the rolls to the Department, no alternative is left but the evidence of contemporaries. if this is considered so difficult as not to be required in 1849, how totally impossible must it be after the lapse of almost 5 years? where but very few Revolutionary soldiers are living. All the Government desire, is, to be satisfied of the justice of the claim, of this, in the case of Potter, after the evidence presented, I think no doubt can exist.
The claim is small, & were it not, that the claimant is in indigent circumstances, I might feel inclined to abide by the

Commission's decision - but as it is & concerning the position of the Commission to be wrong, if I read the law correctly - I beg leave to lay this matter before you Hona-
Respectfully Yours. Thomas Ingalls Gunnich Wash Co N.Y.

Acts of July 14, 1862, and March 3, 1873.
8377
P. O. Nathaniel Potter
Service: _____
REJECTED
Enlisted: _____, 18
Discharged: _____, 18
Application filed: _____, 18
Alleges: _____
Re-enlisted: _____
Attorney: _____
P. O. _____
_____ Recognized. _____ Contract
_____ Cert. of Dis. Searched for _____, 18

No 5
In the Matter of Mrs Connel Pension Papers
March 1854

State of New York } County of Washington }
Be it known, that on this 9 th day of March A D 1854 before me the undersigned a Justice of the Peace, in & for the County & State aforesaid personally appeared, Clara Cornell, a resident of the Town of Granville, in said County, & made oath according to law that she is the legal heir of Nathaniel Potter deceased, who was a soldier in the war of the Revolution & who has heretofore made application for the benefit of the Pension Act of 1 st June 1832. That she is directly interested as a claimant in said Pension & makes this affidavit, to be filed with such additional evidence as may be necessary in prosecuting said claim. And declarant further says, that she is the only heir of said Nathaniel Potter - that she is the daughter & only child of said Potter; that she has often heard her father say, that he was a soldier in the Revolutionary War - & that he served more than six months in said war.
Clara Cornell
Sworn to, Subscribed & Acknowledged before me the day & year above written, & I hereby certify, that I believe the said Clara Cornell to be directly interested in said claim as set forth, & to be the identical party therein alleged.
H. Emmons
Justice of the peace

State of New York } County of Washington }
It is hereby certified, that satisfactory evidence has been exhibited before me Clerk of the County of Washington, of the State of New York, that Clara Cornell, the party who has sworn to, & acknowledged the foregoing Declaration, is the identical child of the reputed soldier aforesaid. I further certify that, Horatio Osgood Esq, before whom the preceding affidavit was made & acknowledged, was, at the time of so doing, a Justice of the Peace, in & for said County, & that the signature purporting to be his, I believe to be genuine -
In Testimony Whereof, I have hereunto set my hand & affixed my Seal of Office - This 13 day of March 1854 Geo B Strong Dep Clk

State of New York Washington County ss!
Charles F. Ingalls of said County, being duly sworn, says. that he resides in the Town of Granville, that he knew Nathaniel Potter in his life time, that he acted as an attorney for said Potter, in presenting to the Pension Department, his claim for a pension & that, the following was, the statement made by said Potter, & upon which his relaxation now on file in the Pension Department, was founded. viz "Nathaniel Potter is almost 71 & rising - Born in Massachusetts in the Town of Dartmouth he entered the service in 1776 - in April - he was drafted at New Concord in the State of New York, he went in Militia at Fort Edward - in a Regiment commanded by Col. Asa Waterson - Captain Kellick of the State of New York - gone from home, better than 3 weeks, then resided at New Concord - Discharged then went home - In the month of August drafted again at the same place for 3 months. Went to Fort Edward & staid about 4 days of Fort Edward & from thence, marched up the Mohawk to Johnstown, they remained there for 3 months, until cold weather, & then was discharged & came home the last of October - Under same officers as in the previous service - General Schuyler at that time had the command - returned home, was then drafted again - at Concord 1778 - under Col. Clark & Col. Gordon, under Capt. George Darrow, went up to Fort Plain in New York - they lay there about 6 miles

from Cheney Valley, and heard an alarm at Cheney Valley, by firing a cannon - an express arrived about one o'clock at night that the Tories & Indians were burning Cheney Valley & killing the inhabitants - The army marched within 2 miles from Cheney Valley & encamped for the night, while we lay there an other express came, that they were burning Cheney Valley & killing the inhabitants - upon this intelligence, a Lieut belonging to Cheney Valley, got a drummer & beat up for Volunteers & 4 Companies volunteered. Col Clark & Gordon ordered them to stop, & ordered the regiment to fire upon them & they did not go - the next morning the Regiment marched, & when they got there the Tories & Indians had gone they killed Col Alden - And the Adjutant & 27 of the inhabitants & carried off Lieut. Col Stalley - the Regiment arrived, Sun about 2 hours high, & from information the Tories & Indians, went away about sunrise - the same day they marched back to Fort Plain - had now been out about six weeks - the Continentals at Cheney Valley took their provisions. we remained about 6 weeks, & then returned home some three months & a half. In 1779 - he went to Fort Edward, under Capt Finley, Col Waterman, in the summer season - gone 3 weeks from home was 5 days at Greenbush, as we went up, In 1780 16 th June came into Easton the People were notified by the firing

of G Cannon, he went out as many as 8 times - in the whole two months came from Mr Cannon to Easton & lived there ever since" - And deponent further saith that the above statement, was made by said Nathaniel Potter, who then resided in Easton & said there - , That said Potter was always reputed to be a soldier, & this deponent sincerely believes the above statement to be entirely true Given before me this } Charles F. Ingalls day of March } 1854- } H. Emmons Justice of peace
I hereby certify that I am acquainted with the above deponent; that he is a person of truth & veracity, & his statement entitled to credit - H. Emmons Justice of the peace
STATE OF NEW-YORK, } WASHINGTON COUNTY CLERK'S OFFICE, } ss.
I, NATHANIEL B. MILLMAN, Clerk of said County, do certify that H Emmons Esquire, whose name is subscribed to the annexed affidavit & certificate was at the date thereof a Justice of the Peace, in and for said County, duly elected and qualified by law to act as such Justice
and that I am well acquainted with the hand writing of said Justice, and verily believe the signature of said Justice thereto is genuine.
IN WITNESS WHEREOF, I have subscribed my name and affixed the seal of said County, this 13 day of March one thousand eight hundred and fifty-four.
Geo B Snow Dep Clerk.

State of New York Washington County } ss }
Gideon Cornell of the Town of Greenwich, County & State aforesaid, being duly sworn Saith - I am 73 years old, I knew Nathaniel Potter, in his life time, I married his daughter Clara, who was his only child - I resided for some time in the house with Nathaniel Potter, about the year 1830, & lived with him when he died - I resided then, in the Town of Easton - I have often heard Nathaniel Potter declare that he was a soldier in the Revolutionary War - I have heard him declare that he was in service more than six months - I have heard him say that he was out as a soldier at Cherry Valley when the Indians & Tories, attacked the place - He was always reported to have been a soldier by others who served in the war & are now dead - I was with him, at the Office of C. F. Ingraham when he made out his declaration. Jonathan Milk & Cornelius Potter, were witnesses to his services, they are both dead & further Saith not -
Sworn before me this } 9 th day of March 1854 }
H. Emmons
Justice of the peace
Gideon Cornell

I hereby certify that I am acquainted with the above deponent. That he is a person of truth & veracity & his statement entitled to credit.
H. Emmons Justice of the Peace
STATE OF NEW-YORK, } ss. WASHINGTON COUNTY CLERK'S OFFICE, }
I, NATHANIEL B. MUELMAN, Clerk of said County, do certify that the H. Emmons Esquire, whose name is subscribed to name is subscribed to the annexed affidavit & certificate was at the date thereof a Justice of the Peace, in and for said County, duly elected and qualified by law to act as such Justice
and that I am well acquainted with the hand writing of said Justice, and verily believe the signature of said Justice thereto is genuine.
IN WITNESS WHEREOF, I have subscribed my name and affixed the seal of said County, this 13 day of March one thousand eight hundred and fifty- four
Geo B. Brown Deputy Clerk.

N 5673 Nathaniel Potter (No 1) Pension pay 5673 N 5673
act 7 June 1832
1832
8377

State of New York
Washington County
I Joseph S. Leigh Clerk of said County do certify that Charles F. Ingalls before whom the annexed declaration of Nathaniel Potter and the annexed certificate of Cornelius Potter and Gideon Cornell purports to have been sworn under the oaths of the said declaration and certificate one of the Judges of County Court in and for the said County and that I am acquainted with his hand writing and verify the same to be his proper hand writing and signature.
In testimony whereof I have hereunto set my hand and seal affixed to seal of the said Court the 3 rd day, September 1832- J. S. Leigh Clk