Revolutionary War Pension and Bounty Land Warrant Application File S. 46,032, William Deming, Mass.

SERVICE
NUMBER
Mass.
Denning William " Denning
S 46,032
CONTENTS
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20.579  New York  William Demming Essex Co. in the State of New York who was a Private in the Corp. commanded by Captain Weston of the Regt commanded by Col. ——— in the Rhode Island line for 13 Months & 10 days
Inscribed on the Roll of New York at the rate of 11 Dollars 11 Cents per annum to commence on the 14th day of March, 1831.
Certificate of Pension issued the 23 day of Sept. 1830 and sent to C. V. Williams Elizabethtown
Arrears to the 14th of Apr. 33 $ 111.11 Semi-ant. allowance ending Dec. 34 22.22 $ 133.33
{ Revolutionary Claim, { Act June 7, 1832. }
Recorded by J. C. H. Clerk Book E. Vol. 1, Page 5

State of New York, 3 On this 28th day of September finally appeared in Open Court before the Judges of the Court of Common Pleas of the County of Erie, now sitting William Demming a resident of the Town of Eliza-bethtown County of Erie and State of New York aged Seventy four Years who being first duly sworn according to Law, took the following declaration, in order to obtain the benefits of the act of Congress passed June 7, 1832.
That he entered the service of the United States under the following named Officers and served as herein stated
Entered the service as a minute man in the Year 1774 at the Town of Chesterfield County of Hampshire State of Massachusetts under no particular Commission but formed into a body and chose their Officers and chose Benjamin Tupper of Elizabethtown as Captain Robert Moshes as Lieutenant and Herman Wassack as Ensign, a few days afterwards an Election was held for Field Officers and Captain Benjamin Tupper was elected Major and in an Election for Company Officers a few days afterwards Robert Moshes was elected Captain. Says they trained two days in each week with arms and accoutrements until the Battle of Lexington 19th day of April 1775. at which he was present having marched from Chesterfield to Lexington in hearing of the alarm and was present at the Battle of Lexington afterwards then marched from Lexington to Cambridge and was stationed there about four weeks and then marched to Roxbury Massachusetts and stayed there about three months and then marched for Dorchester Head stayed there about four months - or longer and then says he was out in the whole about Nine Months or over up to the time mentioned as being stationed in Dorchester then in 1777 he volunteered at Chesterfield

State of Massachusetts into Captain Mobbins Company and marched from there to Moses Creek in the North Then in the State of New York and passed & marched through Pellafield and Albanon & Greenbush, and from there to Troy and Half Moon point up to Stillwater in Saratoga County and finally halted at Moses Creek, was there three months or thereabouts and then marched back to Chesterfield Massachusetts by the way of Hoosick Mountain and again went out at the alarm of the Battle of Bennington Vermont under Captain William White was gone at the time about a month and then returned home, and then enlisted in Dec 1777 and went to Newtown New Jersey. under Captain Mobbins, Lieut. Col. White, Capt. Mobbins Stayed there three months says Lieut. Col. White Washington was there and present at the time with the troops did duty round his head in Quarters, and then returned home to Chesterfield and was totally dismissed and then again he went to Rhode Island under Command of Captain Mobbins and was gone ten days and then returned home again and was finally discharged but only verbally says they volunteered by order from the Conspicuous many of the ago - says he has no documentary evidence of his service and knows of no person by asking about Paul who he can prove his service by and that he has obtained that and that the same is herewith attached thereby he quit the service in the Dec 1777. a thereabouts John Hellows was Colonel of his Regiment. John Mobbins Lieut. Colonel and Benjamin Tappan Lieut. Col. Thos. Mobbins Brigade He hereby relinquishes every claim to a pension or 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 to and subscribed Wm D. Perkins the day and year aforesaid General Court Clerk
1st Where and in what Year was you born,
Was born City of Plymouth State of Mass- achusetts in the Year 1758 as he is informed by his Parents

2nd Have you any record of your age and if so Where is it
None in the family but is on the Records at Tisbury County of Plymouth State of Massachusetts
3rd Where were you living when called into service Where had you lived since the Revolutionary War and where do you now live
Lived in Chastleton, Hampshire County State of Massachusetts moved from there to Brattleboro Vermont and from there to Elizabethton Sullivan County and State of New York and reside there now
4th Now when you called into service were you drafted did you volunteer or were you a substitute and if a substitute for whom volunteered at the time mentioned in declaration and Enlisted at another time as therein mentioned
5th 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 service Genl Washington Genl Thomas Genl St Clair Genl Putnam Col John Williams Col John Fellows Major Benjamin Tappan Col Jonathan Ward Regiment was in company with them at Dorchester Hills says he was present at the Battles of Lexington and Bunker Hill says he
who has signed the foregoing affidavit and made an

16th I engaged in no engagement excepting the last mentioned Battle
17th Did you ever receive a discharge from the Service and if so by whom was it given and what has become of it
never received any discharge excepting being Admitted
18th State the names of persons to whom you are known in your present neighbourhood and who can testify as to your Character for veracity and their belief of your services as a Soldier of the Revolution Rev John Stearns Alexander House & Edmund F. Williams Edward Stone
We John Stearns a Clergyman residing in the Town of Elizabethton County of Carter and State of New York and Edmund F. Williams residing in the same place hereby certify that we are well acquainted with William Flanagan who had subscribed and sworn to the above declaration and we believe him to be four years of age that he is respected and believed in the neighbour- hood where he resides to have been a Soldier of the Revolution and that we concur in that Opinion sworn and subscribed John Stearns the day and year aforesaid Edmund F. Williams Edward Stone

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 in the Continental Army further certifies that it appears to them that John Harnes Who has signed the foregoing certificate is a Clergyman, resident in the Town of Elizabeth County of Essex and State of New Jersey and that Edmund F Williams who has also signed the same is a resident in the same place and is a credible person and that their statement is entitled to credit
I Leonard Stow Clerk of the Court of Common Pleas of the County of Essex do hereby certify that the foregoing contains the Original proceedings of the said Court in the matter of the applica- tion of William Deming for a pension In testimony whereof I have hereunto set my hand and seal by Office this 28th day of September 1832
Leonard Stow clerk
who has signed the foregoing application

Beals of St. Albans in the County of Franklin a State of Vermont of the age of Twenty Seven years as Testify and say that I am well acquainted with William Deming, who now resides in Elizabeth town in the County of Essex State of New York, who is now before me in law and know him to be the same William Deming who formerly lived in Chesterfield County of Hampshire State of Massachusetts, and that in September 1774 he enlisted as a minut man under Capt Robert Webster in Col. Holloway's regiment of the Massachusetts line. I was in the same company with him, and in April 1775. at the alarm after the Battle of Lexington, we marched to Cambridge Massachusetts, and we remained there until Jan y 1 st 1776 when we were dismissed, we were under the command of General Thomas. I know that the said Deming was in the service all this time as I was with him. I further testify that in the latter part of the year 1776 or the first of the year 1777. I saw the said William Deming in the Sereys. I think at Mountune and said Deming then told me that he was then out in the Service for 3 months, that he was in Capt Webber's Company in Col d John Williams Regimen t under General Warner commander of the Brigade, and that the said Deming was then in dress in Uniform as a Soldier, and was under arms Adam Beals
State of Vermont } St. Albans. July 20th 1832 then person Franklin County } ss. ally appeared before me, Adam Beals who has signed the foregoing affidavit, and made sol mn

oath that the foregoing affidavit by him subscribed and sworn to is true according to his best knowledge and I also certify that the said Stephen Beals is a man of truth and veracity. Before me Horace James Justice of the Peace
State of Vermont } Franklin County. Court Clerks Franklin County ss } office July 20th 1832. I Horace James Clerk of the County Court in and for the County of Franklin do hereby certify that Horace James Esq of St. Albans whose name is affixed to the foregoing certificate is a Justice of the Peace within and for the County of Franklin aforesaid duly qualified to act as such and that the above signature is in his own proper hand writing. I also certify that I am personally acquainted with Stephen Beals who has signed and made oath to the foregoing afft and know him to be a man of truth and veracity. In Testimony whereof I have hereunto Signed my name and affixed the Public seal of the County the day and year above Horace James Clerk
Adms 13mo 10d 82 Rec $44.44 277 2/10
22235
Mr. D. S. N. 1124

22235-
William Dimmick
ADM d
C.
8885 2224
1110
Robert
Emma J. Williams Elizabethtown Essex County New York

WAR DEPARTMENT,
Pension Office,
Sir:
The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in a tabular form. On comparing these papers with the following rules, and the subjoined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will shew what is necessary to be done. Those points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus: { ). You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your claim.
A Statement, shewing the Service of W m Doming  Ely  Chatham Essex County New York
   Period when the service was rendered. Duration of the claimant's service. Rank of the claimant. Names and Rank of the Company officers under whom he served. Names and Rank of the General and Field officers. Battles in which the applicant was engaged. Country through which he marched. Place of abode when he entered the service, and age at the present period. Evidence by which the declaration is supported.   Years. Months. Days.     1774 " 9 " Capt's Metcalfe Major Tupper Saratoga Leicester Chestnut Hill   1777 Metcalfe Cambridge Nashua County Massachusetts   " 1 " White Pittsfield Living Witness   1776a 7 " 3 " Genl Washington Lebanon As to part   Continued Banning Ton Part Living Witness   Vol " " 10 Bancroft Rhode Island age 74 years  
I am, respectfully,
Your obedient servant,
J. L. EDWARDS, Commissioner of Pensions.

REGULATIONS UNDER THE ACT OF JUNE 7, 1832.
The following regulations have been adopted:
This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army, and to include under the terms "Continental Line," "State troops," "militia," and "volunteers," all persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, &c. Teamsters, Boatmen, &c. Persons who served on board of Private Armed Vessels are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service.
Four general classes of cases are embraced in this law:
 1. The Regular Troops.  2. The State Troops, Militia, and Volunteers.  3. Persons employed in the Naval service.  4. Indian Spies. 
As rolls of the regular troops in the Revolutionary War exist in this Department, all persons, claiming the benefit of this law as officers, non-commissioned officers, musicians or privates, will in the first instance, make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides. And every Court having by law a seal and Clerk is considered a Court of Record.
DECLARATION,
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
State, Territory, or District of } ss. County of }
On this _____ day of _____ personally appeared (a) before A. B. a resident (b) of _____ in the county of _____ and State, Territory or District of _____ aged (c) _____ years, who being first duly sworn, according to law, doth on his oath make the following declaration, in order to obtain the benefit of the provision made by the act of Congress, passed June 7th, 1832. That he enlisted in the Army of the United States in the year (d) _____, with _____ and served in the _____ (e) regiment of the _____ line, under the following named officers:
[Here set forth the names and rank of the Field and Company Officers; the time he left the service; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers;) the town or county and State in which he resided when he entered the service; the battles, if any, in which he was engaged, and the country through which he marched. [This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.]
He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of _____
Sworn to and subscribed the day and year aforesaid.
A. B.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states.
I _____ of the Court of _____ do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of _____ for a pension.
In testimony whereof I have hereunto set my hand and seal of office (i) this day of _____ &c.
If, on examination of the proper record the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out.
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz:
(k) We, A. B., a Clergyman, residing in the _____ and C. D. residing in (the same) _____ hereby certify, that we are well acquainted with _____, who has subscribed and sworn to the above declaration; that we believe him to be _____ years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.
Sworn and subscribed the day and year aforesaid.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that A. B. _____ who has signed the preceding certificate is a clergyman, resident in the _____ and that C. D., who has also signed the same is a resident in the _____ and is a credible person, and that their statement is entitled to credit.
I, _____ Clerk of the Court of _____ do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of _____ for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this _____ day of _____ &c.
Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction.
If such surviving witness cannot be found, the applicant will so state in his declaration (l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his alleged service, as they are known at the Department. A very full account of the services of each person

will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County, in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.
The Court will propound the following ( m ) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.
 1. Where and in what year were you born?  2. Have you any record of your age, and if so, where is it?  3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?  4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom?  5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services.  6. { To a Soldier. } Did you ever receive a discharge from the service, and if so, by whom was it given and what has become of it? { To an Officer. } Did you ever receive a commission, and if so, by whom was it signed, and what has become of it?  7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution. 
The Court will see that the answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant.
The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons—one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion. If one of these persons is a Clergyman, the Court will so certify, and they will also certify, to the character and standing of other persons, giving such certificates.
The traditional evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party. And the Courts are requested to be very particular in the enquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
Applicants unable to appear in Court by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court.
Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature.
No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.
[a] The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance.
[b] The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not conforming to the rule.
[c] The age of the claimant must invariably be mentioned.
[d] The declarant must mention the period or periods of the war when he served.
[e] Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had. Every claimant must state, with precision, the length of his service, and the different grades in which he served, in language so definite as to enable the Department to determine to what amount of pension he is entitled. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service; but, according to the best of his recollection, he served not less than the periods mentioned below, and in the following grades:—For _____ year _____ months, and _____ days, I served as a _____. For _____ months and _____ days, I served as a _____; and for such service I claim a pension."
It is important, in all cases, to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months , is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state that they served two years in the militia, &c. without specifying the tours, the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must, in every case, be clearly shown under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
[f] The law makes the relinquishment indispensable.
[g] The opinion of the Court is always required.
[h] The Clerk must give his certificate in every case.
[i] The Clerk must affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he has no public seal of office, the certificate of a Member of Congress, proving the official character and signature of the certifying officer, should accompany the papers.
Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other papers authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
Proof of Service.
[j] In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses who are required to set forth in their affidavits the time of the claimant's entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
37 The notes from [a] to [i] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in note [j] applies to continental troops only.
[k] This traditional evidence is indispensable in militia cases.
[l] If a witness cannot be found, the declarant must state the fact.
[m] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.

Invalid
Pay XXXXXX
File No. 46.032
William Demming Private R. Mila Rev War
Act June 7 1832
Index: Vol 4 Page 34
[Arrangement of 1870.]