Revolutionary War Pension and Bounty Land Warrant Application File R. 2,859, David Demaray, New York.

SERVICE
New York.
Demaray, David
NUMBER
R. 2859
CONTENTS
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✓

Declaration
In order to obtain the benefit of the act of Congress Passed June 7 th 1832 State of New York Orleans County ss. 4 th
Personally appeared in open Court before the Honorable the Judges of the Court of Common Pleas of said County now sitting David Remond aged Seventy three years, a President of the Town of Shelby in said County of Orleans and State of New York, who being first duly sworn according to Law doth on his oath make the following declar- -ation in order to obtain the benefit of the Act of Congress Passed June 7 th 1832.
That he Entered the Service of the United States under the following named Officers and Served as herein stated.
That he entered the Service in the month of April 1778. on the 25 th of April 1778. That he volunteered to serve his Country for the Period of one month and an half of a Month. That he joined a Company of Troops under the Command of Captain Henry Wandenhoof of old Albany County in the State of New York. (now Rensselaer County) or in that part now in Rensselaer Co. That he joined said Com- -pany in Pittstown in said County of Albany and was ordered to march up to Stillwater in said State where this Applicant and his fellow Soldiers were Encamped. For a few days to recruit and recon- -noitre. It was reported that the hostile Indians were committing murders and depredations on the Frontier Settlements and this Applicant with the corps to which he was attached were ordered to

their relief. That he marched from thence to Fort Edward and from thence to White Hall on Lake Champlain, at that time called Skeensborough - where he was encamped, and took his turn in standing sentry days and nights. That the British Indians were as he was informed afterwards apprised of his approach and pursuit of them and they fled. The Frontier inhabitants had principally left their habitations for places of safety. That this applicant at the expiration of his tour of one month and one half of a month was ordered home to Pittstown. This period of service as a volunteer commenced on the 25 th of April and ended 12 th of June 1778 - making out a term of one month and one half of a month as a soldier of the Albany County Militia.
And the said applicant again volunteered into the service - That he joined a detachment of drafted militia of said Albany Co - commanded by Capt. Vanderhoof who on the 20 th of June 1778 and served as a volunteer soldier till the 21 st of July September 1778. That he was marched from Pittstown aforesaid to Fort Edward on the Hudson River - another report was brought by Express for the militia to turn out and drive off the Enemy. The Lieutenant of the Company was Vandercook. Nathan Ford was the Ensign. The Drummer's name was John Ford son of the Ensign. This applicant's mess soldiers were John Ford, Michael Francisco, Wm Goldsen, and Conrad Bush. That said applicant with his companions in arms were ordered on to Fort Edward and there stationed to watch and protect the People from massacre. That at said Fort he performed duty as a sentry and other Garrison duties - That he served in this tour a part of June, all July, August and part of September 1778 making a term of three months
3 -

That he was marched back to Albany Co. aforesaid and verbally discharged from the service by his commanding officer Capt. Vanderhoof.
And again the said applicant turned out as volunteer and found a body of Militia under the Command of Lieut. Vandercook and Ensign Porce for a tour of two months. That he commenced this 3 d tour on the 4 th of October 1778 and served as a volunteer soldier during the remainder of October, all November and until the 6 th of December following 1778.
That he was ordered to repair to Fort Anne & Fort Edward where he performed Garrison duty for two months as above and was then discharged from the service by the officer who commanded at Fort Edward (not recollected) making a tour of two months service as a volunteer in the Militia from Albany Co. N.Y.
And this applicant afterwards volunteered to serve in a Regiment of Albany Co. Militia. That he fell in and joined a Company of Militia under the Command of Captain Vanderhoof in an Expedition against the Indians. That this term of duty began on the 3 d of May 1779 and ended on the 4 th of June following 1779, making a period of one month's duty. That he was ordered on an expedition against the Indians who were collecting as it was reported at Crown Point. That the forces sent against them were some hundreds strong and were principally under the Command of General George Clinton then Governor of the State of New York. It was called the Governor's alarm. That he was ordered on to Fort George, at the South part of Lake George where this applicant with a detachment embarked in boats for Crown Point, first stopping at the Garrison at Ticonderoga.

and from thence he went over to Crown Point. That the enemy had left Crown Point about three hours as he was informed before this applicant arrived there and thus the expedition failed. That this applicant was then ordered back on home when he was verbally released from his military engagement of one month as above by his commanding officer.
2. 15 And this applicant was out again to serve his Country as a volunteer against the savage foes. That he joined a Corps of drafted men of his Regiment under the Command of Peter Yates. That he commenced this tour as near as his memory serves on the 19 th of June 1779 and served for two months and one half month. served from 19 th June to 4 th of September 1779. That this applicant was marched from Albany Co. on to the Forts along the Hudson River above Saratoga and performed duty as occasion required at said Forts as a Guard. That he was at the end of his tour discharged from the service verbally. That he was so often called out on sudden alarms that he cannot tell now how much longer he did serve than the period above stated. That he has But he is sure of having served in the ensuing year 1780 for 3. three months on different tours against the Enemy making in all his Revolutionary Services a full period of thirteen months . The Major of the Regiment in which this applicant served was Major Van Vechten who was killed by the Indians nearly at the close of the Revolutionary War. The three months service in 1780 was served during June, July & August under Capt. Vandercook of

the Albany Co (Militia under Col, Bates at the Albany. And the said applicant further says that no living witness can be produced by whom he can prove the above services of thirteen months or any part thereof and that he was not Engaged at any time during his revolutionary services in any civil employment - but was faithfully and cheerfully devoted to the Army - Sworn before me in open Court his David X Dumaray June 18 th 1835 mark  M c Mill Clerk of Orleans County
State of New York § Orleans County § ss. And the Said Applicant hereby relinquishes Every claim whatever to a Pension or Annuity except the present and declares that his name is not on the Pension Roll of the Agency of any State sworn in open Court this 18 th day of June 1835 M c Mill Clerk of Orleans County his David X Dumaray mark
We the Subscribers Citizens residing in the County of Orleans and State of New York Do hereby Certify that we are are well acquainted with David Dumaray a resident of the Town of Shelby in said County who has subscribed and sworn to the above Declaration. That we believe him to be Seventy three years of age - That he is reputed and believed in the Neighborhood where he resides to have been a soldier of the Revolution - and that we concur in that opinion. Sworn in open Court the day and year aforesaid - David X Dumaray Before me A m Mills Clerk of Orleans County Samuel Whitney

Interrogatories
1 st When and in what year were you born?
Ans. I was born in the year 1762 on the 29 th of April of said year.
2 nd Have you any record of your age and if so where is it?
Ans. I have a record of my age recorded in my family Bible at home, from which I know my age to be Seventy Three years - (rising) -
3 rd Where were you living when you were called into the service. Where have you lived since the Revolutionary War and where do you now live?
Ans. When I was called into the service I lived in Pitts Town in old Albany Co now it is in Rensselaer Co N.Y. and since the Revo- lutionary War I have lived in the County of Rensselaer in the said State of N.Y. and and in the County of Chenango in said State. and in the County of Orleans in the State of New York where I now live and have lived for the space of twenty four years
4 th How were you called into the service? were you drafted? Did you volunteer, or were you a substitute and if a substitute for whom?
Ans. I was not drafted, neither was I a substitute but I volunteered to serve the United States for the periods above mentioned of thirteen months .

5 th State the names of some of the Regular Officers who were with the Troops when you served. Such Continental and Militia Regiments as you can recollect and the general Circumstances of your services.
Ans r . General George Clinton, Capt. Vanderhoof, Ensign Ford. Lieut. Vandercook. Genl. Schuyler. Major Van Vechten. Col. Peter Bates
6 th Did you ever receive a written Discharge from the Service; and if so by whom was it given and what has become of it?
Answer. I never did receive a written discharge from the Service above specified, but I was always verbally discharged by my Commanding Officer.
7 th Did you ever receive a Commission?
Ans r . I never did receive a Commission but served as a Private Soldier for the three different Tours of thirteen Months.
8 th State the names of Persons in your present Neighborhood to whom you are known and who can testify as to your Character for truth and veracity and their belief of your services as a Soldier of the Revolution.
Ans r . I will name the following viz David Wetherway, Jacob Wetherway, Henry Wetherway, Col. Elliott, L. A. G. B. Grant, Samuel Biddleman, L. J. Poinsett.

No 32.842
New York
David Demaray
Suspended
Letter H. Angier 31 June 1854
Letter Salina 18 Sept 1854
Sam. Lake Sep 25 1854
Stearns oh. Fran. Apr 14/55
2859
1832
See Angier's letter in Stearns's file N.Y. 1832

W. H. St. John St. John
10 dema ik let in el min siden Shalab
Mr. [unclear] Friend to us - No boy other can drink off Runins with the
No books in the other case mentioned with D. D. D.

State of New York
Orleans County
Personally appeared before me the subscriber a Commissioner of Courts in and for said County - Nathan S. Brant and Samuel Bidelman
who being duly sworn ac- cording to law doth depose and say that they are well acquainted with David Demaray a resident of Shelby in said County - that they believe him to be seventy three years of age - a man of truth & veracity - that he is reputed & believed in the neighborhood where he resides to have been a soldier of the revolution and that they concur in that opinion sworn & subscribed this 10 th day of June 1835
Nathan Sawyn 2 Land of Brant
D. H. Brant Samuel Bidelman

State of New York. Orleans County ss. Personally appeared before me the subscriber a Justice of the Peace in and for said County - Andrew
Ellicott who being duly sworn according to Law doth depose and say - That he is well acquainted with David Jennary of the town of Shelby in the County of Orleans in the State of New York That he is a man of integrity and veracity That he believes him to be Seventy three years of age. That he is respected and beloved in the neighborhood where he resides has been a soldier of the Revolution - Sworn and subscribed this 11 th June 1835. Andrew Ellcott Before me
Asahel Woodruff Justice of the Peace

I James O. Stokes a Clergyman residing in the County of Orleans in the State of New York do hereby certify that I am well persuaded from the representations of respectable and credible Persons that David Tenny of Shelby in the County of Orleans & State of New York an applicant for a Pension is a man who bears a fair and irreproachable Character - That he is Seventy three Years of age - and that it is generally believed in the neighborhood where he resides that he was a Soldier of the Revolution - Sworn and subscribed before me the subscriber a Justice of the Peace in and for the said County this 12 th day of June 1805 - Before me
Abahel Woodruff Justice of the Peace
James O. Stokes Episcopal Minister

And the said Court do hereby declare their opinion after the investigation of the matter and after putting the Interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier and served as he states and the said Court certifies that it appears to them that the Reverend James O. Stokes who has signed one of the preceding Certificates is a Clergyman of the County of Orleans and State of New York and that Said Samuel Whitney Said Samuel Whitney and David Weatherway who have also signed and sworn in open Court on other preceding Certificates are resident Citizens of said County and State and are Credible persons and that their Statement is entitled to Credit. and further that the annexed Certificate or Deposition of L. A. P. B. Grant Esq. Merchant and Samuel Bidelman taken before Nathan Sawyer Esquire Com- -missioner of Sueds in and for the said County of Orleans are respectable and Credible persons and that full faith and Credit may be placed in their said Certificates - and that the Certificate of Andrew Elliott Esq. Merchant sworn and subscribed before Asahel Woodruff Esq. a Justice of the Peace in for said County is a Credible person and that entire confidence may be placed in his Statement or Certificate
Heads Ward } Judges and James Gilson } members of said William Parny } Court

I Abraham B Mills Clerk of the Court of Common Pleas of Ulster County in the 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 David Brumary for a Pension - That Nathan Sawyer, Commissioner of Insurances for said County and Asahel Woodruff Esq. an acting Justice of the Peace of said County are duly authorized & Commissioned to administer oaths and that all their official acts acts are entitled to credit as well in Courts of Justice as elsewhere and that their signatures to the above Certificates or Depositions are genuine In testimony whereof I have hereunto subscri- -bed my name & affixed the seal of said Court at Albion this 13 th day of June 1835 -
A. B. Mills Clerk

Know all men by these presents That I David Demaray
of the County of Orleans and state of New- York, for and in consideration of one Dollar do hereby make, constitute, and appoint S d Blanchard True of Washington D.C. & Peter Saxe of Yates N.York my true & lawful Attorneys for me and in my name, to examine all papers filed in any Depart- ment or Office of Government, upon which a Pension was granted is due to David Demar- aray on account of the Revolutionary services of David Demaray and to obtain, by all lawful means, any and all add- itional amounts that may be due from the United States to said David Demaray by virtue of said services, as a private in the Company of Capt. Henry Van Derhook in the Regiment of Col. Peter Yates and in the line of the forces of the United States
And for good and sufficient reasons I do hereby Revoke & Cancel any & all other Powers of Attorney or authority which I may at any former time have given to any person or persons for the above specified purposes; & I do hereby vest the same irrevocably in my said Attorneys herein appointed said S d Blanchard True & Peter Saxe
In testimony whereof I have hereunto set my hand and seal this 4 th day of October in the year A.D 1853
In presence of John M. Lullee David Demaray jr
his David Demaray Mark

State of New York } ss County of Orleans }
On this fourth day of October in the year A.D. 1853 personally appeared before me James M c Culloch a Justice of the Peace duly authorized by law to administer oaths & take acknowledgements in & for the county aforesaid David Deum  array of Shelby Orleans New York (State). The subscriber to the within instrument & acknowledged the foregoing Power of Attorney to be his free act & deed. for the purposes therein mentioned; & made oath, in due form of law, that he is personally interested as a Revolutionary Soldier in said claim.
And I further certify that David Deum  array is personally known to me to be the identical individual represented John M c Culloch
Justice of the Peace
STATE OF NEW YORK, } ss. I hereby Certify that John M c Culloch Esq., Orleans County Clerk's Office, } before whom the annexed instrument was proved or acknowledged, was at the date of the same a Justice of the Peace in and for said County, duly authorized to take the same; and that I am well acquainted with his hand writing, and verily believe that his signature subscribed to said Certificate of proof or acknowledgment to be genuine; and that said instrument is executed, acknowledged and entitled to Record, according to the Laws of this State. In Witness Whereof, I have hereunto subscribed my name, and affixed my Official Seal, at Albion, this 10 day of Oct 1853 Dan 26 Bole Clerk.
Suspended "for further proof of service"
John

STATE OF NEW YORK Orleans County Clerk's Office before whom the annexed instru
know of
David Demary Case suspended N. York
Difficulty said to be that Keeney & Hendricks , are the same in Dack
Deft Legal Anderson Williams
know e same a Esq., in and for said m well acquaint- signature sub- to be genuine; and entitled to me, and affixed 1853 Clerk.
for other

State of New York County of Orleans
Be it Known, that on this 27 th day of December A. D. 185 2 before me, the undersigned, a Justice of the Peace, in and for the County and State aforesaid, personally appeared David Demaray of the County and State aforesaid resident of Shelby in said County, and made oath according to law that he is the identical man who was a Soldier in the war of the Revolution, and who has heretofore made application for the benefit of the Pension Act of 1841 . That he is directly interested as a claimant in said Pension, and makes this affidavit to be filed with such additional evidence or arguments as my Agent may use in prosecuting said claim.
Countermanding and revoking all Powers of Attorney and authority heretofore given, I hereby constitute and appoint C. W. BENNETT , of Washington City, my true and lawful Attorney to prosecute the claim of David Demaray for any amount of Revolutionary Pension, or increase of Pension that may be due; and I hereby authorize my said Attorney to examine all papers or documents in relation to said claim, on file in the Department at Washington City or elsewhere, to file additional evidence or arguments, and to receive for my exclusive benefit, the certificate which may be issued for said claim, which certificate I wish made payable at the Washington City, D. C. Agency; to appoint one or more substitutes under him for the purposes herein expressed, and to do all things that I might or could do were I personally present. Hereby ratifying and confirming all that my said Attorney and Agent shall lawfully do in the premises.
David Demaray
Sworn to, Subscribed, and Acknowledged before me this 27 th day of December 185 2 and I hereby certify that I believe the said David Demaray to be directly interested in said claim as set forth, and to be the identical party therein alleged.
Levi P. Simmons Justice of the Peace
State of New York County of Orleans
It is Hereby Certified, that satisfactory evidence has been exhibited before me, Clerk of the Court of Supremacy of the State of N.Y. that David Demaray the party who has sworn to, and acknowledged the foregoing Declaration and Power of Attorney, is the identical reputed soldier aforesaid. I further certify, that Levi P. Simmons Esq. before whom the preceding affidavit and Power of Attorney were made and acknowledged, was, at the time of so doing, a Justice of the Peace, in and for said County, and that the signature purporting to be his, I believe to be genuine.
In Testimony Whereof, I have hereunto set my hand and affixed my seal of Office, this 29 th day of December 185 2
D. H. Cole Clerk of Orleans & of the Supremacy of the State of N.Y.
1. Claimant's name or names in full.—2. Post Office address. 3. "That he is the identical man," or, "that she is the widow of the identical man," or, "that he or she is the legal heir of the identical man," &c., &c. 4. Leave this line blank.—5. "He is," "she is," or "they are."—6. Revolutionary soldier's full name.—7. Claimant's signature.—8. Claimant's name.—9. Magistrate's signature. 10. "Identical," "widow of," or, "child of."—11. Magistrate's name.—12. Clerk's signature.
N. B.—Should two or more heirs join in the foregoing, the plural should be substituted for the singular number.

State of New York ..... County of Orleans ..... ss :
On this twentieth day of August  September 1854 before the subscriber a Justice of the Peace in and for said County personally appeared David Demary a resident of the town of Shelby in said County aged Ninety two years and made oath according to law that he is directly interested in a claim against the United States for a pension supposed to be due to him for services in the Revolutionary War
and he hereby appoints SAMUEL LAKE , of Buffalo, N. Y. his Attorney to prosecute said claim, and examine all papers and documents in relation thereto, on file in any of the Departments at Washington City or elsewhere, and to receive from the officer authorised to issue the same, a certificate for a pension or any arrears or increase of pension, or any Report to which Deponent may be entitled, and to do all other acts and things in and about obtaining such pension as Deponent might or could do, were he personally present at the doing thereof ; and he hereby revokes all former powers if any inconsistent with the above ; hereby ratifying and confirming whatsoever Deponent's said Attorney shall lawfully do or cause to be done in the premises. In witness whereof the said Deponent has hereunto set his hand and seal the day and year first above written.
John M. Cullen He makes his mark by reason of infirmity
David Demary his mark
SWORN TO, SUBSCRIBED AND ACKNOWLEDGED, before me, on the day and year first above mentioned, and I certify that I believe the Deponent to be directly interested in the claim above mentioned, and the identical person therein alleged and described, and that I have no interest in the result of said claim and am not concerned in its prosecution.
John M. Cullen Justice of the peace

STATE OF NEW-YORK, Orleans County Clerk's Office, ALBION,
ss. I hereby certify that John M. Onlow Esq. , was, at the date of his certificate of proof or acknowledgment of the an- nexed instrument, a Justice of the Peace in and for said county, duly authorized to take the same; that I am well acquainted with his hand writing, and rightly believe that his signature to said certificate is genuine.
In Testimony Whereof, I have hereunto set my hand and affixed my official seal, this 18th day of September 18 64 .
Dan H. Cole Clerk.

L. D. Waldo Esq. Comr. of Pensions
Buffalo Sept 20. 1884
Sir — Please inform me the date of the Application of Mr. Demacy, the Service he claimed to have performed with the names of his Officers, what Service is found or proved, and what proof is required in his case —
Respectfully Yours Samuel Luke

Reynolds Basin, Niagara Co. New York
Dear Sir
April 6 th 1855
Under ordinary circumstances I would not request you to depart from the rules laid down by your department, nor would I do so now, except to further the ends of justice and to deal leniently with the honored and venerated survivors of the War of the Revolution. —
Suffer me to present the case of an old friend of mine, David Demaray an honored and venerated old gentleman of ninety three years a resident of Shelby, Orleans County who served about 10 months in the revolutionary war, now  and I understand has made two or three applications for a pension but without success. Being disgusted with the frivolous demands of some of the agents employed to obtain it, and entertaining a profound respect for the worthy and needy old gentleman, I have, at his urgent request determined to present his case as far as I have, in hopes it will elicit a favorable issue.
As I am informed, there has been no objection in granting the pension, except from the circumstance that there has been found upon the rolls the names of "David Demaray" and "David Demarest" — The old gentleman informs me that his father came from

He and I spell his name "Demarest" but for a great many years the Son has spell it "Demaray". He is not sure when he was in the Revolutionary Service, whether he signed his name "Demarest" or "Demaray", but he was as often called by one name as the other — If the objection to granting the pension has been on account of the spelling of identity, you can arrive at a satisfactory conclusion from the fact that a Mr. Cornelius Francisco was a brother in law to Mr. Maria Demaray, and they were both in the Service together, and Mr. Francisco drew a Revolutionary pension for several years, for the same services performed, and at the same time  with Mr. Demaray.
I suppose he drew a pension until I was sent for very recently by the old gentleman to do something for him in regard to it — His long deferred case, his excellent good character, his needy circumstances, having a wife living nearly of the same age, and above all his Patriotic Services in the Revolutionary War, and being deprived of his just stipend up to his present age of ninety three, all, have elicited my most profound sympathies and that of his numerous friends — His provincial honesty and integrity, the frequency and uniformity of the mentions of his services and hardships in the War, inspires every one with the fullest confidence that he deserves as he states — In behalf of the good old gentleman, I would respectfully ask you to re-examine his case with a Commission competent with Justice, and if any thing should be wanting to support his claim, to indicate the same — He is without

daught entitled to a pension, and I hope he will be... Please me to state another case — Thomas M c Cargan was a Revolutionary Soldier, and entered the service in Colerain Massachusetts in 1778 or 79 and enlisted for 6 months or a year — The old gentleman died before any pension law was passed, but the Widow survived him, and died some two years ago. Her children are poor and I suppose are entitled to the pension due the Widow although not applied for by her. They have tried every means to get at some history of his service, particularly the names of the officers under whom he served, but to no purpose. and after enquiries they have ascertained that true Thomas M c Cargan served in the War from the town of Colerain Mass. —
As there are no living witnesses of the service, it is a pity the children should be deprived of their just rights for the want of some the names of the officers under whom he served, and the means to identify them from the other Thomas M c Cargan — I would not ask you to violate any rules, but should be glad of any suggestions you can with propriety give — If you have the laws increasing Revolutionary and Sarah to full pensions, I wish you would send them with the regulations — Also if you have them, all the Laws, regulations, and decisions not embraced in the edition of the Pension Laws of 1849 — and lastly please inform me when or how I can obtain a copy of the published records of registries or disbursed pension cases —
Yours truly with a line as soon as convenient
Very Respectfully Your old friend Sherman M c Lean
Dear Sir in P. Walda Com't be

Yates P.O. Box 104 May 23/54
Hon. J. J. Flaugh S. J. for a long time - My Co Agent S. B. True- L. S. have been prosecuting the just & proper claim of David Demary - of Shelby - (a sound healthy man 92 years old) - I can get no news from the as to the case - & which case is a true & good one -!
Will you do me & Mr. D the favor to enquire brief - as to where the case stands?
Yours Truly W. B. [unclear] P.S.

Acts of July 14, 1862, and March 3, 1873.
218398
P. O. David Demaree
Service: _____
REJECTED
Enlisted: _____, 18
Discharged: _____, 18
Application filed: _____, 18
Alleges: _____
Re-enlisted: _____
Attorney: _____
P. O. _____
_____ Recognized. _____ Contract.
_____ Cert. of Dis. Searched for _____, 18