Revolutionary War Pension and Bounty Land Warrant Application File S. 45837, Johan Jost Dietz, New York.

SERVICE
NUMBER
New York
Diets, Johan Jost Joast
S. 45837
CONTENTS

28.555 Albany New York Johan Yost Kietz
Resident in the State of N.Y.
who was a Private in the Company commanded by Captain Patrick of the Regt. commanded by Col. Brown in the N.Y.
line for 1 year 115837
Inscribed on the Roll of Albany N.Y. at the rate of $40 Dollars 00 Cents per annum, to commence on the 1 st day of March, 1836
Certificate of Pension issued the 8 th day of Octo. 1838 and sent to Com. A. Gallup East Berne N.Y.
Arrears to the 1 st of Sept 1838 $100.00
Pension allowance ending 4 Mar 39 20.00
$120.00
Special Act { Revolutionary Claim, Act July 7, 1838.
Recorded by N. L. Addison Clerk, Book 22 Vol. 4 th Page 18

50. 134. John Lost City Declaration Hb. 
Adm 2 years
$80
In Vol. 3. p 62 $8.02 Fifm - 1780 64 - 0.70 - " - 1781 (179) - 74 - 3.78 do 1779 3.18 Fifm 1779 73 - 19.53 " - 1780 79 3.42 " - 1779
3.78 3.42 7.20 19.53 8.02 27.55 - 4-
From 38.65
Elias Halloway, Schoharie N.Y.

State of New York } ss. Schoharie County }
On this fifth day of February in the year of our Lord one thousand eight hundred and thirty four, personally appeared Johan Boast Dieb, a resident of the town of Bern in the county of Albany and State aforesaid, aged seventy three years and four months and rising, who being 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 7th 1832. That he entered the Service of the United States under the following named officers and served as herein stated.
First, he was ordered into the Service in the town of Schoharie, now county of Schoharie, and State aforesaid, where he then resided, as early as the first of May 1778, in Captain Hubrich's company, in Colonel Kromans regiment, that they left their headquarters at the lower fort in said town, and that he continued in the Service, in said company and regiment, as late as the first of November following, when he was discharged at the fort aforesaid.
That again in the Spring of the year 1779, he was ordered into the same company and regiment, at Schoharie aforesaid, where he then resided, as early as the first of May and continued to serve in the same company and regiment till as late as the first of November, then following, when he was discharged at the fort aforesaid.
That he was ordered into the Service again in the same company and regiment, at Schoharie aforesaid in the Spring of the year 1780, that he joined the company at the fort aforesaid as early as the first of May of that year and continued to serve in the same company and regiment, till as late as the first of November then following, when he was discharged at the fort aforesaid.
That in the Spring of the year 1781, he was again ordered into the same company and regiment and joined the company at the fort aforesaid as early as the first of May, of that year, and continued to serve in said company and regiment till as late as the first of November following, when he was discharged at Schoharie aforesaid. That in the Spring of the year 1782, he was again ordered into the Service, in the same company and regiment, and continued to join the company at Schoharie aforesaid as early as the first of May, of that year, and continued to serve in the same company and regiment till as late as the fifteenth of September following when he was discharged at Schoharie aforesaid.
That he resided at Schoharie aforesaid at the different periods of time when he entered the Service, and that he served as a private during each period and that he was chiefly employed in scouting and keeping garrison. That he had no documentary evidence.

And to the particular interrogatories of the court he answered that he was born, as he had been informed and believes, in the town of Schoharie now county of Schoharie, and State of New-York, the 19 th day of September 1760. He thinks his age is recorded in the high Dutch church book in Schoharie aforesaid. That he was living in the town of Schoharie now county of Schoharie and State aforesaid, when he was called into the service, and lived there till the year 1785, when he removed into an adjoining town called Berne, in the county of Albany and State aforesaid, where he has lived ever since and now lives. That each time he entered the service he was ordered into it by an officer. That he was acquainted with Captain Patrick and Lieutenant Maynard who he thinks were continental officers, he was also acquainted with Colonel Dubois - does not recollect of many continental officers being stationed at Schoharie for any considerable time. That he never had a written discharge. He is acquainted with Jacob Schoelcraft, Jacob Becker, and Abraham Bergh, who he thinks can testify to his character for veracity and to their belief of his service as a soldier of the revolution.
He hereby relinquished every claim whatever to a or annuity pension, except the present, and declares that his name is not on the Pension Roll of the agency of any State. N.B. The words "or annuity" in the second line above were interlined before sworn to.
And the reasons for his making application in the county of Schoharie are, that his witnesses live in the town and county of Schoharie, and but a few miles from where the courts are held in said town and county. That he resided near the line of the town of Schoharie and within seven or eight miles of Schoharie court house, and to where the courts are held in the county in which he lives (as the road goes) is more than twenty five miles, and that it is much more convenient for him to make application in Schoharie, than in the county in which he lives, and much more convenient for his witnesses to attend at Schoharie where they reside; and further, that the judges of the county of Schoharie, he believes, are well acquainted with his witnesses and can certify to their credibility, and that they are acquainted with him and one of them at least must know of his having been a soldier of the revolution.
Sworn and subscribed the day and year aforesaid in open court. John Schoharie Jr. J. P.
! Johann Gott Dietz

State of New York
Schoharie County } ss.
Jacob Schooncraft, of the town and county of Schoharie, aged Seventy three years who being duly sworn, doth depose and say that he is well acquainted with Johan Joast Dietz who had subscribed and sworn to the foregoing declaration and was well acquainted with him during the revolutionary War and knows that he was in the revolutionary Service, in Captain Stubrach's company in Colonel Vromans Regiment in the year 1778, 1779, 1780, 1781, & 1782. That this deponent was orderly Sergeant of said company, and that the said Johan Joast Dietz entered the Service each year as early, he thinks, as the first of May and continued to serve in said company and regiment till as late in each year as he has stated in his declaration, which this deponent has heard read, and according to this deponent's best recollection and belief the said Johan Joast Dietz served in said company and regiment over two years.
Sworn & subscribed before me this 6 th day of February 1834 Wm. Mann a Judge Schoharie county court Jacob Schooncraft
State of New York Schoharie County } ss.
Jacob Becker, of the town and county of Schoharie, aged Seventy nine years, who being duly sworn doth depose and say that he is well acquainted with Johan Joast Dietz, who had subscribed and sworn to the foregoing declaration, and was well acquainted with him during the revolutionary War, and knows that the said Johan Joast Dietz was in the revolutionary Service in Captain Stubrach's company in Colonel Vromans Regiment in the year 1778; that this deponent was also in the Service the same year in an other company quartered at the upper fort in Schoharie about ten or twelve miles above where the company of Captain Stubrach was quartered, and that according to the best of his recollection he thinks the said Johan Joast Dietz was in the Service that year from about the first of May till as late as the first of

remember. That after that, this deponent was in the Service in the same company and regiment, to wit, in 1779, 1780, 1781 and 1782, from in the Spring till late in the Fall and that according to the best of his recollection the said Johan Loast Dietz entered the Service in each of the years last aforesaid as early, he thinks, as the first of May, and continued to serve in said company and regiment till as late in each year as he has stated in his declaration which this deponent has heard read, and from what he knows of the Service of the said Johan Loast Dietz he thinks he served over two years in all
Sworn and Subscribed in open court this 5th day of February 1834 John D. Schraff p. Clerk
Jacob Becker
And the court do hereby declare their opinion after the investigation of the matter and after putting the inter- rogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier and served as he stated. And the court further certify that they are well acquainted with Jacob Schoolcraft & Jacob Becker, of Schoharie, the witnesses, and also with Johan Loast Dietz the applicant, (who resides in an adjoining town), and that they are men of truth and that their statements are entitled to full credit.
William Beckman Henry Shaper W. Mann Mearns Judge

I John Gebhard Junior, Clerk of the court of Common Pleas of the county of Schoharie, do hereby certify, that the foregoing contains the proceedings of the said court, in the matter of the application of Johan Dast Dietz for a pension. And I further certify, that William Mann before whom the foregoing affidavit of Jacob Schoelcraft purports to have been taken, was on the day of the date of said affidavit one of the Judges of the court of common pleas of said county, and that I am well acquainted with his hand writing, and truly believe the signature W m Mann to the taking of said affidavit to be genuine.
In testimony whereof I have hereunto set my hand and seal of office, this fifth day of February 1834
John Gebhard Jr. Clerk
Schoelcraft was unable to get into court, and Judge Mann went to his room and took his affidavit - his character for truth is certified to, by the court.
E. H. Halliday

Encl Feb 26 - 52
Miss B Evans + Frank Atty at Law.
Miss B Evans
paid Bem. W. Y. Feb 9
Washington City D.C.

Perre. Albany G. N.Y. February 5 th 1852
Messrs Evans & Frant
Genl:- The heirs of Johan Gust Dietz (who was a revolutionary soldier or a soldier in the Revolution War) have been written to several times by a Mr. Marks, who says there is a sum of money due the heirs of Dietz the soldier from the pension department, and he marks was exceedingly anxious to obtain the agency, I saw the advertisement of Messrs E. & Frant in the National Intelligencer of a recent date, and informed the heirs that I would write Mr. Evans as he had been long and intimately acquainted in the pension office, And if there was a prospect of obtaining anything, you could have the agency with a liberal share of what was obtained, The facts in relation to Mr. Dietz is as follows. Dietz was a private soldier in Col. Voorhans Regt. he was a fifer, and was pensioned under the act passed March 4. 1832, allowing pensions to those who had served in the militia, In 1836. Dietz was stricken from the pension rolls, I believe wholly for the reason that on some of the rolls of Voorhans Regt. his name was written Gust Dietz. Johan Gust Dietz, & Johan Gust Dietz, Edwards held that they were different persons, but I believe Dietz was again restored by a special act of congress and drew a small sum until he died, which happened in 1840, or 42, how the heirs are entitled to more pay I do not know, Mr. Marks doubts that there is something due them, If you Mr. Evans will have the kindness to look into the case and if there is any probability of obtaining anything - you can send on a blank power of Atty - to be filled, and it shall be promptly returned to you,
I have generally suspended claims for soldiers of the War of the Revolution that are honest, just and bona fide cases, but the drift on one pretext and another put them off - I would be happy to hear from you, also to put into the care of Mr. Evans the suspended claims above noted,
Very Respectfully yrs affec. Servt Jacob D. Settle

18.585 Dear Sir, I have the honor to inform you that John Coast (N.Y.) of Schenectady Co. in the State of who was a Private in the Company commanded by Captain Heads of the Regt commanded by Col Cooper in the for Militia
2 1/2 1/2 80.00
Inscribed on the Roll of New York at the rate of 80 Dollars & 00 Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 22 nd day of April 1832 to Elias H. Huggins, Schoharie
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by D. J. Sprague Clerk, ok E - Vol. 4 Page 97

Schoharie N.Y. Feb. 11, 1834.
Sir,
I herewith forward the pension papers of Johan Joast Dutz and Martin Brannell. The latter has furnished all the evidence of his services within his power.
Peter Datz whose name appeared to one of the affidavits is dead, so that his affidavit cannot be amended as to the length of time Brannell was in the service in Co. 1st Regiment N.Y. and Brannell not being able to furnish any further proof must submit his case as it is.
Very respectfully your obedt Servt
Elias Holliday
J. L. Edwards Esq. Commr of Pensions

Johan Jost Dietz, Albany  New York will - Act 7 June 1832 at $80 per Ann. Be pleased to say to what time he was last paid.
Pension Office, } Sept 24 1838. }
p. 4 March 1836
84

Ms. G. 1. 6 v. 32 A. G. C. Triplet Esq. Comm Passions A. Price

Petition of John Lost Dietz Praying to be restored to Pension Roll
Jan. 3. 1838
Referred to Com. Rev. Pensions
Jan d 25 1838 Bilt — N. 454
Mr McCallum 49 of N.Y. Rev. pen

East Cherry Ripley Sept 13
Am Gallahue N.C.
To J. L. Edwards Esq Pension Office Washington D.C.
M o Sept 13 1838

East-Penn N.Y. Sept. 5th. 1888- My dear Sir -
By an act of Congress (Page 185 - Chap 227) approved July 7th. 1888 The Secretary of War is directed to place the name of Johan Fort Dietz, of Albany Co. N.Y. on the pension roll, & pay him $40. per annum &c -
Col Dietz is now 87 years of age & is very poor He has been & must turn to Albany in the expectation that his name would be found standing in the books of that army - In this he has been disappointed - I have looked over the forms contained in "The regulations" & cannot find any to meet this case - I did, & do now suppose that the act above referred to, closes away the necessity of a declaration , & hence that nothing more will be necessary than to satisfy the paying agent of the identity of the pensioner - If I am in error please advise me at as a day as may be convenient to yourself
Yours Truly
J. L. Edwards Esq. Albert Gallup

Washington Aug 10, 1852
Sir
Herewith enclosed is a Power of Attorney from Peter J. Dietz, son of John Jost Dietz late a prisoner under the act June 7, 1832.
The said claim whatever may be found to be justly due on account of suspension or reduction of his Father's Pension.
An opportunity of examining his papers is requested.
Respectfully Your obed servt Vincent Luce
J. F. C. Triplet Esq. Acting Comm r Pension,

In at July 13 Schoparie ak. MS July 10 th Jacob Brecker Tom Brecker No of Debit
Yr M
James L. Edwards Esq Com. of Pensions Washington

Sir:
Schoharie July 10, 1837.
The 24th of February last I enclosed to you the papers in the matter of the application of William Becker, of this place, to have that part of his pension restored which had, for certain reasons, been suspended. If the papers were received, how was the case disposed of?
I want also enquiry in relation to Jacob Becker's case, and Johan Dost Dietz's case. Their papers were sent on, shortly after the others were sent. They would be glad to know how their cases have been disposed of.
I am respectfully, your Obedient Serv't
James L. Edwards Esq. } Elias Holliday

East Penn Oct- 31 st 1838- J. L. Edwards Esqr -
Dr. Sir
I enclose the pension certificate of Johan Post Dietz (otherwise called John Post Dietz the latter being the name partially Anglicised). I know him well & have been acquainted with him since my earliest recollection of men in my neighborhood, say 30 or 35 years - & I further know that he is the same person who was the owner & holder of the enclosed certificate & the individual for whom benefit the Act of July 7 th was passed - I sincerely hope his certificate will now come. He lives some six miles from me, is old, deaf, dumb & poor; & is in great need of relief -
Yours Respectfully
Albert Gallup -

Payments to be made at New York by First Mechanics Bank Agent for paying Pension= as in the Agency of
Johan Jost Dietz Private soldier Rev. war
New York $40 per annum for services , to commence 4 March 1836 - at 7 July 1838 Albany 2d (32 act)
Send cut: to Hon. Albert Gallup
Recorded in the Pension Office file in Book 8 Vol. 4 Page 97 by East Berne N. York Sam H. Page Clerk.

WAR DEPARTMENT.
REVOLUTIONARY CLAIM.
I certify that, in conformity with the law of the United States of the 7th June, 1832, John Josh Dietz of the State of New York, who was a Private in the Revolutionary War is entitled to receive Eighty dollars and cents per annum, during his natural life, commencing on the 4th of March, 1831, and payable semi-annually on the 4th of March, and 4th of September in every year.
Given at the War Office of the United States, this 1st day of May one thousand eight hundred and thirty- four
Lewis Secretary of War.
Examined and Countersigned. }
J L Edwan Commissioner of Pensions.
29 Jan fall 1834

July 26. 1836
Shohane ch N.Y.
July 23
Mr.
Full
John Paul Swift
James L. Edwards Esq. Com. Of Pensions Washington

Schoharie N. Y. July 23 d , 1886.
Yir:
Johan Iost Dietz, of Bern, Albany county, handed me your letter of April 20 th , 1886, in relation to his pension, requesting me to answer it. The letter states that "his name is not found on the rolls of Capt. Sturbrach's company, which rolls embrace the time between '78 and '81. — That the name of Iost Dietz a musician, occurs frequently in Capt. Sturbrach's company, and the name of Han Iost Dietz once as a private. For the year '82 the rolls of the company are wanting." — As to the the name being called in one place Iost Dietz and in an other Han Iost Dietz, it can be, I presume, satisfactorily explained. When young, I understand, he was generally called Iost Dietz, sometimes Han Iost, but most frequently Iost Dietz. — With regard to his being found on the roll as a musician, that is correct, he was a fifer in the service, he mentioned it at the time his declaration was drawn, but not, I believe, till his declaration was nearly finished, I told him it would make no difference, it was therefore not corrected, I supposed his being in the service as a fifer was the same as tho' he carried a musket. — He stated when he made his declaration that Capt. Snyder had commanded of the company in the year '82, but I think, that instead of its being put so in the declaration it was stated that Snyder had commanded of the company a part of the time. As to specifying the duration of his services in '82, differently from what it is stated in his declaration he cannot. It is stated in your letter that the rolls, beyond a doubt, contain a just and true account of all the services rendered in the company, during the period between '78 and '81. Now if he is to be allowed no more than what he is credited for on the rolls, and that time in all should be but a few months, it would be useless for him to make proof that he is the identical person meant in the rolls of the company. If you will therefore take the trouble to inform me the length of time he is credited in all, under the name of Iost Dietz, and Han Iost Dietz you would oblige him.
I am, very respectfully, your obed't serv t
Elias Holliday
Jamess L. Edwards, Esq. Com. of Pensions

H.R. — 454
John Gust Dietz
In this case I wish to make the exception on payroll of the

Mar 10
Schoharie N.Y.
March 3 rd
Free
My Adol ff act 1832 In o pat ent 1832
James T. Edwards Esq. Com. of Pensions Washington
to Genl Cust and by me

Sir.
Schoharie March 14 th . 1837.
In relation to Johan Dost Dietz's pension business, it appears from your letter to me, of the 20 th of July last, that the pay rolls of Capt. Stubrach's company show that the claimant served about six months as a private and fifer, between '78 and '82. The Old gentleman says that these returns do not contain a quarter of his services if only six months appear to be allowed. He further says he recollects with perfect clearness that his services were as he stated them to be in his declaration, and to corroborate the former statement of himself and witnesses, he has proved by the testimony of four more credible persons who fully support him and his other witnesses in what they have sworn to. I am well acquainted with Col. Dietz, the applicant, and all his witnesses, and cannot believe that they would, on any occasion, misrepresent the truth. It cannot be reasonably supposed, that against all this weight of evidence, that Capt. Stubrach's returns are correct. And we have proof in the case of Jacob Becker, of this town, whose papers are forwarded to you by the mail that carries this letter, that some of the rolls, at least, of Col. Vroman's regiment are very imperfect. In Becker's case it appears from your letter to him of August 2, 1836, that his name was found on the rolls 11 and 12 days only, during the whole nine months served in Lieut. Dietz's company in Col. Vroman's regiment. Upon the discovery of which it seems the payment of his pension was suspended. But fortunately for Becker he has not only been able to prove his nine months served by five more credible witnesses but has been able to find documentary evidence signed by the very officer who commanded the company showing conclusively that he did serve the nine months as stated by him. See the document alluded to annexed to Becker's papers.
And here I would mention a circumstance that came within my knowledge at the close of the last war, which is in point. Several companies of draughted militia went from this county to Plattsburgh, on the Northern frontier of this State, and were attached to Lieut. Col. Payson's regiment, and served in it three months. When the soldiers were paid off some of them their claims were rejected because their names were not found on the pay roll. One of them brought a suit against the captain and recovered the amount of his pay.

upon proving that he served his three months out in the company, the captain, whose name was John Dominick, removed the cause by certiorari to the Supreme Court of this State to reverse the judgment. I defended the certiorari and sustained the judgment, which the captain paid, and I believe settled with some others whose names were also omitted or only appeared on the pay roll for a part of their service.
I mention these circumstances merely to show that pay rolls are sometimes incorrect and ought not to have any weight against positive proof. But I take a stronger ground; I contend that pay rolls cannot legally be received to prove a negative. If the soldier's name do not appear on the pay roll it is merely presumptive evidence against his service, and this presumptive evidence can only be relied on until the services are actually proved, then this presumption is destroyed. In support of this principle I refer you to Phillips Phillips Law of evidence under the head of presumptive evidence 2 d section page 111.
It is well known that Schoharie, during the war, was a frontier settlement, and it is believed that no place in the United States, of its population, had so great a number of loins in it as Schoharie had, and what was worse than all, they had continually to defend themselves against a most bloody and formidable Savage foe, who were continually murdering and scalping the defenceless inhabitants and finally, in the fall of 1780, they plundered and burnt the town, and continued their bloody work to the end of the war, and in fact the inhabitants were not free from the incursions of these marauding Savages till in the fall of 1783. and the militia were kept in the service the larger greater part of the time by the supreme law of necessity for which they  many of them never received any compensation.
I am, respectfully, Your Obedient Servant
James L. Edwards Esq. Colo r of Pensions
Elias Holliday

Middleburgh, Whereas S. Peter I. Dietz of the Town of Kinderhook  Middleburgh in the County of Schoharie, was a son of Johan Gast Dietz late of the County of Albany deceased, who was a pensioner of the United States under the act of Congress of 7 th June 1832, at the rate of $80. per annum, which said pension was suspended, sometime about the year 1834. And whereas I am advised and believe that the said pension of the said Dietz ought not to have been so suspended.
Now therefore I do hereby constitute and appoint Samuel H. Marks of the city of Albany my true and lawful attorney for me and in my name, and in the name and behalf of all the surviving children of the said Dietz to present and prosecute our claim to a restoration of the pension of the said Johan Gast Dietz, or to such amount of said pension as we may be by law entitled to. And I do hereby authorize the said Marks to employ Virial Luederger as a substitute in case he may deem it necessary to do so. And I do also hereby make this power of attorney irrevocable during one year from its date. Witness my hand and seal this 2 nd day of June  August A. D. 1852.
Executed in presence of } Samuel Schoonmaker Justice in and for the County of Albany John Dietz }
Peter I. Dietz
State of New York } County of Schoharie  Albany } ss. On this 2 nd day of June  August A. D. 1852 before me the subscriber a Justice of the peace in and for the said County, personally appeared Peter I. Dietz, above named, and acknowledged the foregoing power of attorney to be his act & deed -
Samuel Schoonmaker Justice of the peace in and for Albany County

State of New York } ss. County of Schoharie } ss. Peter J. Dietz of the Town of Middleburgh in said county, being duly sworn according to law deponeth and saith, that he is a son of Johan Jost Dietz late of the county of Albany deceased, who was a pensioner of the United States under the act of 7 th June 1832, & whose pension was suspended, and that he is directly interested in the claim and appli- -cation about to be made for a restoration of said pension by virtue of the above power of attorney.  Subscribed and sworn to on this 2 nd day of July August 1852 before me  Peter J. Dietz  Sam l Schoonmaker } Justice of the Peace } in and for Albany Co
Knox August 2 nd 1852 Peter J. Dietz of the County of Schoharie being Duly Sworn says that John Jost Dietz - Deceased was his father and that he Died on the 2 nd Day of May 1842  Sam l Schoonmaker Justice of the Peace
State of New-York, } ss. City and County of Albany, Clerk's Office,
I, Robert S. Lay, Clerk of the said City and County, do hereby CERTIFY that S. Schoonmaker , whose name is subscribed to the Certificate of Proof or Acknowledgment of the annexed instrument in writing, and endorsed thereon, was, at the time of taking such Proof or Acknowledgment, a Justice of the Peace , in and for the County aforesaid, dwelling in the said County, and duly authorized to take the same: And that I am well acquainted with the hand writing of the said Schoonmaker and verily believe that the signature to the said Certificate of Proof or Acknowledgment is genuine, and that the said instrument is executed and acknowledged according to the Laws of the State of New-York.
In Testimony Whereof, I have hereunto set my hand, and affixed my official seal, this 7 th day of August 1852  R. S. Lay Clerk.

John Jay Esq. Attorney for the Plaintiff

State of New York Albany County ss
On the 18th day of September 1888 personally came before me Johan Jost Dietz & made oath in due form of law that he is the same identical person for whose benefit the law was passed. entitled "An act granting a pension to Johan Jost Dietz of New York" Approved July 7th. 1888 Sworn & subscribed before me, Johan Jost Dietz Albert Gallush Counsel of Deeds
This is to certify that I have been for many years well acquainted with Johan Jost Dietz who signed the above deposition & I know of my own knowledge that he is the identical person for whose benefit the law above referred to was passed — Albert Gallush Member of Congress
Sept. 18th. 1888

JOHAN JOST DIETZ.
[ To accompany bill H. R. No. 454. ]
JANUARY 25, 1838.
Mr. FRY, from the Committee on Revolutionary Pensions, made the following
REPORT:
The Committee on Revolutionary Pensions, to whom was referred the petition of Johan Jost Deitz, of Albany county, N. Y. report:
That the petitioner alleges he is seventy-eight years of age; that he served in the revolutionary war, at Schoharie, in the State of New York, as a fifer in Captain Stubrach's company, in Colonel Vroman's regiment, from the 1st of May, 1778, to the 1st November following; that they kept their headquarters at the lower fort in Schoharie; that he entered the same service, in the same capacity, and in the same company, on the 1st May, 1779, and continued to the last of October; that, in the spring of 1780, he entered the same service, and served to the fall of that year; that, in the spring of 1781, he entered the same service, in the same capacity, and served till fall; that, in the spring of 1782, he entered the same service, and continued to the 15th September, when he was discharged.
Jacob Schoolcraft testifies that he is seventy-three years of age; that he was well acquainted with the petitioner in the revolutionary war; that deponent was orderly sergeant in said Captain Stubrach's company, and that the petitioner served in the said company, in Schoharie, in the years 1778, '79, '80, '81, and '82; that deponent has heard petitioner's statement read, and believes that petitioner entered the service in each year as he states, and served to the time he states in each year, and that he believes his services amounted to more than two years.
Jacob Becker testifies that he is seventy-nine years of age; that he was well acquainted with the petitioner in the revolutionary war; that he knows he served in Captain Stubrach's company, in Colonel Vroman's regiment, in 1778, from about the 1st May to the 1st November; deponent was also in the service at the same time, and quartered at the upper fort in Schoharie, about ten miles from where the petitioner was quartered; and that, after that, the deponent was attached to the same company and regiment in 1779, '80, '81, and '82, from the spring till late in the fall, and, according to the best of his recollection, the petitioner entered the service, and remained in it to the periods which he states in his petition and thinks he served more than two years in the whole.
Thomas Allen, print.

This statement is corroborated by the testimony of William Becker, who was in the same service, and who thinks petitioner's service amounted to twenty months.
It is further corroborated by the testimony of John Schoolcraft, who was in the same service, and thinks the petitioner served about four months in each year, from 1778 to 1782, inclusive.
It is also further confirmed by the testimony of Peter Vroman, who was in the same service, and served with the petitioner in Captain Stubrach's company, at different periods, from the spring of 1778 to the fall of 1782; thinks petitioner served as much as two years in the whole.
The petitioner further states that, in 1834, he was put upon the pension-roll, at $80 per annum; that, in the spring of 1836, his pension was stopped, because his name was not found on Colonel Vroman's pay-roll, and that the terms of Colonel Vroman's regiment were much less than six months.
The committee agree to allow him a pension for one year, to take effect at and from the time his name was dropped from the roll.

Johan Jost Deitz,

Piv 145
25th CONGRESS, 2d Session.
H. R. 454.
( Rep. No. 452. )
JANUARY 25, 1838.
Read twice, and committed to a Committee of the Whole House to-morrow.
Mr. Fry, from the Committee on Revolutionary Pensions, reported the following bill:
An Act
A BILL
Granting a pension to Johan Jost Dietz, of New York.
1 Be it enacted by the Senate and House of Representatives 2 of the United States of America in Congress assembled, That 3 the Secretary of War be directed to place the name of Johan 4 Jost Dietz, of Albany county / New York, on the pension-roll, 5 and pay him forty dollars per annum, for and during his 6 natural lifetime, the same to commence and take effect at and 7 from the time his name was dropped from the pension-roll.
Approved, July 7 th 1838.
A true copy compared with the Roll in this Office.
Dept. of State July 12 th 1838.
H. Hall Chief Clerk

State of New York Schoharie County ss.
William Becker, in the seventy seventh year of his age being duly sworn saith that he is well acquainted with Johan Dost Deitz and was well acquainted with him in the Revolutionary War, and knows that he was a fife in Captain Stubrock's company in Col. Vroman's regiment as early as in the year 1778. That this deponent was in the same company and regiment for certain periods in that year and according to the best of his knowledge and belief the said Johan Dost Deitz was in the service at different periods in each year thereafter until in the fall of the year 1782. That this deponent was in the service nine months service in 1779 and they kept their headquarters about ten miles from where Captain Stubrock's company kept headquarters and that in the year 1780 this deponent was in the three months service and kept headquarters about four miles from the headquarters of Capt. Stubrock's company and that after his three months were out he served in Capt. Stubrock's company at different periods till in the fall of 1782 and from what he has seen of the said service of the said Johan Dost Deitz he thinks it would amount to as much as twenty months in all.
Subscribed and sworn this 15th day of November 1836 before me David Miles Justice of the peace
William Becker mark
I certify that I am well acquainted with the above named William Becker and that he is a credible witness David Miles Justice of the peace

State of New York Schoharie County, } ss.
Peter Vroman formerly a resident of the town and county of Schoharie and now a resident of the town of Glen in the county of Montgomery, and State aforesaid, aged now in the seventy-fourth year of his age who being duly sworn saith, that he is well acquainted with Johan Jost Deitz formerly of the town and county of Schoharie, and now a resident of the town of Bern in the county of Albany, and was well acquainted with him during the revolutionary war and knows that the said Johan Jost Deitz was a soldier of the revolution in Captain Christian Schermerhorn's company in Col. Peter Vroman's regiment from early in the spring of the year 1778, at different periods, till in the fall of the year 1782. That this deponent was in the same company and regiment, at different periods, during the five years aforesaid, and is confident that the said Johan Jost Deitz served in said regiment during the five years aforesaid as much as two years; that he was a fifer in said company and regiment during the time. That they kept their head-quarters at Schoharie aforesaid. That Schoharie was a frontier town party and the inhabitants much infested with hostile Indians and Tories, and required constant protection from the Militia soldiers.
Sworn and subscribed this 6th day of October 1836 David Miles Justice of the Peace
Peter Vroman
I certify that I am well acquainted with Peter Vroman and that he is a credible witness. David Miles Justice of the Peace

State of New-York Schoharie County, } ss.
John Schoolcraft now in the seventy second year of his age being duly sworn saith that he is well acquainted with Johan lost Dutz and was well acquainted with him in the Revolutionary War and knows he was a officer in Captain Stibrachs Company in Col. Vroomans Regiment, that they kept their head quarters at the Fort in Schoharie. That this deponent was in the Service as early as the year 1780 in the same company and regiment that the said Johan lost Dutz was in the Service in said company and regiment before this deponent entered the Service. Thinks the said Dutz was in as early as the year 1778 and served as much as four months each year till 1782 inclusive, that this deponent was in another company during the Spring and Summer of 1782, stationed about four miles from where the company of Col. Stibrach was stationed. That he and the said Johan lost Dutz were both residents of the town of Schoharie at the time and perfectly well acquainted with each other.
Subscribed and sworn this 14 th day of Novem- ber 1836 before me David Miles Justus of the peace
John Schoolcraft
Scirfey that I am well acquainted with the above named John Schoolcraft and that he is a credible witness. David Miles Justus of the peace

State of New York } Schenectady County }
Josias Swart of the City and County of Schenectady being duly sworn saith that he is well acquainted with Johan Post Dietz and was well acquainted with him during the Revolutionary War and knows he was in the service of the Revolution in Captain Stabrachs Company in Col Vroomans Regiment as a sifer and served therein at various times from the Spring of the Year 1777 till the fall of the Year 1782 That this deponent frequently saw the said Johan Post Dietz in the service in said company and Regiment at different periods in each Year from the Spring of 1777 to the fall of 1782 that they kept their headquarters at what was called the Lower Fort in Schenectady That the Farm of this deponents Father and the Farm of the father of the said Johan Post Dietz lay in the same neighborhood within a mile or two of the Fort aforesaid That this deponent and the said Johan Post Dietz lived neighbors together during the Revolution That he was familiar with him and well acquainted with his Revolutionary services during the periods aforesaid and from what he knows of his services he thinks that they would amount to two years and upwards
Sworn the 19 th Jany. } 1837 before me
Josias Swart
The word "two" over the last line cut me first intuled
Abraham Van Ingen Commis n of deed
Josias Swart
STATE OF NEW-YORK, COUNTY OF SCHENECTADA. } ss. CLERK'S OFFICE.
I, Jonathan C. Burnham, Clerk of the County of Schenectady, DO HEREBY CERTIFY— THAT Abraham Van Ingen Esq whose name is subscribed to the certificate of proof or acknowledgement of the annexed instrument, and thereon written, was at the time of taking such proof or acknowledgement, a commissioner in and for the County aforesaid, dwelling in the said County, commissioned and sworn, and duly authorized to take the same: And further that I am well acquainted with the hand-writing of the said Commissioner, and verily believe that the signature to the said Certificate of proof or acknowledgement, is genuine.
en of deeds.
In Testimony Whereof, I have hereunto set my hand, and affixed my official seal, the 19 th day of Jany A. D. 1837
J. C. Burnham CLERK.

State of New York } Schenectady County }
Josias Swart of the City and County of Schenectady being duly sworn saith that he is well acquainted with Johan Post Dietz and was well acquainted with him during the Revolutionary War and knows he was in the service of the Revolution in Captain Starbrachy Company in Col Vrooman's Regiment as a sifer and served therein at various times from the Spring of the Year 1777 till the fall of the Year 1782 That this deponent frequently saw the said Johan Post Dietz in the service in said company and Regiment at different periods in each Year from the Spring of 1777 to the fall of 1782 that they kept their headquarters at what was called the Lower Fort in Schenectady That the Farm of this deponent's father and the Farm of the father of the said Johan Post Dietz lay in the same neighborhood within a mile or two of the Fort aforesaid. That this deponent and the said Johan Post Dietz lived neighbors together during the Revolution. That he was familiar with him and well acquainted with his Revolutionary services during the period aforesaid and from what he knows of his services he thinks that they would amount to two Years and upwards
Sworn the 19 th Jan'y 3 1837 before me
The word "two" on the last line cut me first intulined
Abm Van Ingen Commis n of deeds certify that the above named Josias Swart is a man of veracity.
Abm Van Ingen Commis n of deeds.

INVALID.
WIDOW, &c.
✓ Rev
File No. 45,837
Johan Jost Dietz N.Y.
Special Act July 7-1838
Index: Vol 3 , Page 126
[Arrangement of 1870.]

To the Honorable, The Senate and House of Representatives in Congress assembled.
The petition of Johan Dost Dietz of the county of Albany and State of New-York, a Revolutionary Soldier, now in the seventy eighth year of his age, respectfully represents, that your petitioner was in the service of the Revolution, at Schoharie in the State of New-York, and served as a fifer from the first of May, 1778, till as late as the first of November following, in Captain Stubrach's Company in Colonel Vromans regiment. That they kept headquarters at the lower fort in Schoharie aforesaid. That he entered the service again in the same company and regiment, as a fifer, in the Spring of the year 1779, as early as the first of May and continued to serve in said regiment till the last of October.
That in the Spring of 1780, he was again called into the service, as a fifer, at Schoharie aforesaid, in the same company and regiment, and served in said regiment till late in the fall of that year.
That in the Spring of 1781, he served again in the same company and regiment, as a fifer, from in the Spring till in the fall of that year.
That he again served, as a fifer, in the same company and regiment from in the Spring of 1782, at Schoharie aforesaid, till about the 15th of September following, when he was discharged.
The company he served in during the periods aforesaid was called Captain Stubrach's company although it was sometimes commanded by Lieutenants Snyder, and sometimes by other officers, yet it was called Capt. Stubrach's company. That in 1834, he applied for, and obtained a pension for 80 dollars per annum, on the testimony of two witnesses, to wit, Jacob Schoelcraft and Jacob Becker, who were in the service with your petitioner. That in the Spring of 1836, the payment of your petitioner's pension was stopped, and the reason of its being stopped, as is said, is because your petitioner's name was not found

And yet a poor old soldier who has served his country faithfully in the on bal. Vroman's pay rolls, &c. Whereupon your petitioner produced four more affidavits from credible persons proving your petitioner's services, and upon this additional proof your petitioner applied to the Department to be restored to his pension; but the rejection of his claim was persisted in by the Department, because, as is alleged, the witnesses statements are indefinite and that the pay rolls cannot be brought in question by parol evidence. Your petitioner con- curs that the testimony does not go to contradict any thing appearing on Colonel Vroman's pay rolls, but goes to prove that your petition- er served as much as two years, which service is not mention- ed in the rolls, as is said, and your petitioner as thinks that the rolls cannot, legally, be received to prove a negative or contradict the testimony of six credible witnesses. — It is further objected by the department, that there were no tours in Col. Vroman's regiment of six months, but that they were short varying from two to five days. In answer to this your petitioner saith, that the Department in that respect labors under a mistake, for although (conting) parties were occasion- ally called out and kept in the service for short periods, yet your petitioner knows that a portion of the Militia of Schoharie was ordered into the service in the spring of each year, when the Indians generally made their appearance, and kept in the service till late in the fall of each year, and until the Indians went off to their winter quarters; and whether your petitioner and others were legally kept in the service, or not, was not a subject of enquiry at the time, as Scho- harie was then a frontier settlement poorly defended and continually infested with Tories, and a most bloody and formidable savage foe, murdering and scalping the inhabitants whenever an opportunity offered, and the town at last was plundered and burnt in October 1780.
And now that your Honorable body may the better understand your petitioner's claim, he has given below a copy of each affidavit, furnished the pension department, in proof of his services which he humbly concurs will be satisfactory.

State of New York Schoharie County, } ss.
Jacob Schoelcraft, aged seventy three years, who being duly sworn in open court, doth depose and say, that he is well acquainted with Johan Dost Dietz, who has subscribed and sworn to the foregoing declaration, and was well acquainted with him in the Revolutionary War, and knows that he was in the revolutionary service in Captain Stubrach's company in Col. Vroman's regiment, in the year 1778, 1779, 1780, 1781, and 1782, that this deponent was orderly sergeant of said company and that he has heard the annual declaration of the said Johan Dost Dietz read and according to the best of this deponent's recollection and belief the said Johan Dost Dietz entered the service in said company and regiment as early in each year as he has stated in his declaration and that he continued to remain in said company and regiment till as late in each year as he has stated in his declaration, and that the whole services according to the best of this deponent's recollection and belief amounted to more than two years. Sworn and subscribed this 5 th day of February 1834 in open court. } Jacob Schoelcraft John Gebhard Dr. Clerk
State of New York Schoharie County, } ss. Jacob Becker, aged seventy nine years, who being duly sworn in open court, doth depose and say, that he is well acquainted with Johan Dost Dietz, who has subscribed and sworn to the foregoing declaration, and was well acquainted with him in during the Revolutionary War, and knows that the said Johan Dost Dietz was in the revolutionary service, in Capt. Stubrach's company, in Col. Vroman's regiment in the year 1778; that this deponent was also in the service the same year, and the company this deponent belonged to, that year, was quartered at the

Upper fort in Schoharie, about ten miles from the lower fort where the our company of captain Stuberach kept their head quarters; and that according to the best of his recollection, he thinks the said Johan Dost Deitz was in the service that year from about the first of May till as late as the first of November. That after that, this deponent was in the service in the same company and regiment, to wit, in 1779, 1780, 1781, and 1782, from in the spring till late in the fall, and that according to the best of his recollection the said Johan Dost Deitz entered the years last aforesaid as early as he had stated in his declaration which this deponent had heard read, and further the said Johan Dost Deitz continued in the service each year as last aforesaid till as late as stated in his declaration and this deponent thinks that he served over two years in the whole.
Sworn and subscribed this 5 th day of February 1834 in open court Jacob Becker John Gelehner Jn. clk.
And the following is a copy of the certificate in the original proceedings on file at the pension office, to wit, "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 stated. And the court further certify that they are well acquainted with Jacob Schooncraft and Jacob Becker the witnesses, who reside in the town and county of Schoharie, and are also well acquainted with Johan Dost Deitz, the applicant, who lived in an adjoining town and that they are men of truth and their statements entitled to credit."
Signed by the court, see proceedings on file in pension office
And here follows the four additional affidavits in support of your petitioner's claim. State of New York } ss. Schoharie County, }

William Beckes, in the seventy seventh year of his age being duly sworn saith that he is well acquainted with Johan Fort Deitz, and was well acquainted with him in the Revolutionary War, and knows that he was a fifer in capt. Stubrach's company in Col. Vroman's regiment, as early as in the year 1778, that this deponent was in the same company for certain periods in that year; and according to the best of his knowledge and belief the said Johan Fort Deitz was in the service at different periods, in each year thereafter until in the fall of the year 1782. That this deponent was in the nine months service in the year 1779, and they kept their headquarters about ten miles from where capt. Stubrach's company kept headquarters; and that in the year 1780, this deponent was in the three months service and kept headquarters about four miles from the headquarters of capt. Stubrach's company, and that after his three months were out he served in capt. Stubrach's company at different periods till in the fall of 1782, and from what he has seen and knows of the service of the said Johan Fort Deitz, he thinks it would amount to as much as twenty months in all.
Sworn and subscribed this 15th day of November 1836, before me
William Beckes
David Miles Justice of the Peace
I certify that the above named William Beckes is a person of veracity
David Miles Justice of the Peace
State of New York Schoharie County, ss.
John Schoolcraft, now in the seventy second year of his age being duly sworn saith, that he is well acquainted with Johan Fort Deitz, and was well acquainted with him in the revolutionary war, and knows he was a soldier fifer in capt. Stubrach's company in Col. Vroman's regiment.

that they kept their headquarters at the Fort in Schoharie that this deponent was in the service as early as early as 1780, in the same company and regiment. That the said Johan Dost Deitz was in said company and regiment before this deponent entered the service. Thinks the said Deitz was in as early as the year 1778 and served as much as four months in each year till 1782 in the year 1782, inclusive. That this deponent was in another company during the spring and summer of 1782, stationed about five miles from where the company of Capt. Stubrach was stationed. That he and the said Johan Dost Deitz were both residents of the town of Schoharie at the time and perfectly well acquainted with each other.
thereby appearing of us to satisfy myself to be con- vincer tion. ation that time
Subscribed and sworn to this 14th day of November 1836, before me David Miles, Justice of the Peace
John Schoelcraft I certify that I am well acquainted with the above named John Schoelcraft and that he is a credible witness. David Miles, J. P.
State of New York Schoharie County, } ss.
Peter Vroman formerly a res- ident of the town and county of Schoharie and now a resident of the town of Glen in the county of Montgomery and State of New York, now in the twenty fourth year of his age who being duly sworn saith, that he is well acquainted with Johan Dost Deitz, formerly of the town and county of Schoharie, and now a resident of the town of Berne in the county of Albany, and was well acquainted with him in the revolutionary war

and knows that the said Johan Iost Deitz, was a soldier of the revolution, in Capt. Stubrach's company in Col. Vroman's regiment, from in the spring of the year 1780, at different periods till in the fall of the year 1782, that this deponent was in the service in the same company and regiment, at different periods, during the five years aforesaid, and is confident that the said Johan Iost Deitz served in said regiment during the five years aforesaid as much as two years: That he was fifer, in said company and regiment, during the time. That they kept their head quarters at Schoharie aforesaid. That Schoharie was a frontier town and the inhabitants much infested with hostile Indians and Tories and required constant protection from the Militia soldiery.  Sworn and subscribed this 6th day of October 1886 before me, David Miles Justice of the peace  Peter Vroman
I certify that I am well acquainted with Peter Vroman and that he is a credible witness.
David Miles Justice of the peace
State of New York Schenectady County, } ss.
Josiah Sweet, of the city and county of Schenectady being duly sworn saith, that he is well acquainted with Johan Iost Deitz, and was well acquainted with him during the Revolutionary War, and knows he was in the service of the Revolution, in Capt. Stubrach's company in Col. Vroman's Regiment, as a fifer, and served there in at various times from the spring of the year 1777, till the fall of the year '82. That this deponent frequently saw the said Johan Iost Deitz in the service in said company and regiment, at different periods in each year, from the spring of '77, to the fall of '82. That they kept their head quarters at what was called the lower fort in

Schoharie. That the farm of this deponent's father and the farm now of the father of the said Johan Sost Deitz, lay in the same neighbourhood, within a mile or two of the fort aforesaid) that during the revolution that he was familiar with him and with well acquainted with his revolutionary services during the period aforesaid and from what he knows of his services he thinks they would amount to two years and upwards.
Sworn the 19th day of January 1837, before me
Josiah Swart
Abn. Van Ingen Com. of Deeds
I certify that the above named Josiah Swart is a man of veracity.
Abn. Van Ingen Com. of Deeds
To this affidavit was annexed the clerk's certificate of the county of Schoharie, showing that the commissioner who took the affidavit was legally authorized to take affidavits &c.
And to the three preceding affidavits the certificate of the clerk of Schoharie county was annexed showing that the justice who took the same was duly authorized &c. See affidavits on file in Pension office.
Now under this state of facts your petitioner prays presents his claim to your Honorable body with the fullest confidence that the evidence adduced will be considered abundantly sufficient, at this late day, to establish his claim beyond any reasonable doubt. And your petitioner, as in duty bound prays prays to be restored to his pension and the payment thereof which he has been deprived of as aforesaid. Dated December 12 th , 1837.
Johan Sost Deitz
P.S. It is not stated in the Declaration, on file in the Pension Office, that the Petitioner served in the capacity of a Fifer, but merely that he was called into the service at different periods and served as therein stated, without saying in what capacity he served. The omission was not discovered in time to have it corrected.

Remarks
The pay roll of capt. Hubach's company cannot be received to prove a negative, that is, to contradict the testimony of six credible witnesses, nor even to contradict the testimony of one credible witness. The pay roll is no evidence that the petitioner did not serve, it can go no further, in the absence of proof, than to raise a presumption that he did not serve, but when the fact of his service is established by proof all presumption against his service is at an end.
Now, if Dietz had been refused his pay at the close of his services in consequence of his name not having been found on the pay roll, and he had sued the Captain for his pay, and proved his services, the Captain could not have given the pay roll in evidence to negative the plaintiff's proof, nor could the pension department receive it, without a violation of the law  laws of evidence and a denial of justice.
The testimony of the witnesses cannot be mistaken, for they swear to facts within their own personal knowledge, four of them swear that the service of the petitioner would amount to as much as two years, or more, and two of them who were absent a part of the time swear that from what they saw of his service they think it would amount to twenty months. see copy affidavits above, or the original affidavits annexed to the proceedings on file at the pension office. To wit, Jacob Schoencraft and Jacob Beck's affidavit annexed to the first application, and to the second application, the affidavit of William Beck, John Schoencraft, Jonas Gwart and Peter Kraman. Here six witnesses testify positively to the services of the petitioner, and yet his claim is rejected here, by the department, when in fact the testimony of one witness, the unimpeached, is sufficient in all cases, perjury and fraud excepted, to prove any demand ever so great, it is sufficient to consign a man to prison for life or to hang him - and

And yet a poor old soldier who has served his country faithfully in the Revolutionary war, and proved his services by six credible witnesses, is turned away empty by the pension department! And he now appeals to his country for relief.