Revolutionary War Pension and Bounty Land Warrant Application File S. 19272, John M Dake, New York

SERVICE
NUMBER
New York
Dake, John No.
S. 19272
CONTENTS

New York 28.1158
John M. Dake
of Allegany in the State of New York who was a Private in the Company commanded by Captain Wright of the Regt. commanded by Col. Willitt in the New York Mil line for 2 Years
Inscribed on the Roll of New York at the rate of 80 Dollars — Cents per annum, to commence on the 14th day of March, 1831.
Certificate of Pension issued the 9th day of May 1834 and sent to Hon E. Howell D Reps
Arrears to the 14th of March '34 $240.00 Semi-ant. allowance ending Sept 4 '34 40.00 $280.00
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by Gam H. Page Clerk, Book E Vol. 4 Page 97

No 18259
John M. Dake Allegany County New York
ee
Wm M. Hawley North Olmsted Allegany County New York

WAR DEPARTMENT,
Pension Office,
183
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 John M. Dake Allegany 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.     Enlisted Served to date 24 3 21 Lieut. Hubble Capt. Wright Col Willett Major Van Corwood & Major Phin Briar Stationed at Fort Herkimer Fort Plain to Fort Plank, Fort Stanwix 73 years Charlton in New York Traditionary evidence Cluett's certificate Vt. certificate Credible papers not properly attached  
I am, respectfully,
Your obedient servant,
J. L. EDWARDS, Commissioner of Pensions.
The declaration is amended and herewith forwarded I believe all the requirements are fulfilled Wm H Lewis

 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 (1) 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 he 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.
[k] 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.
[l] This traditional evidence is indispensable in militia cases.
[m] If a witness cannot be found, the declarant must state the fact.
[n] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.

State of New York Albany County
On the 30th day of October 1832. Personally appeared in open court before John Griffin Asa S Allen and Josiah Atter Eger- the court of common pleas in said county now sitting. John H Dake a President in the town of Almond in the said county aged twenty three years on the seventh day of July last who being first 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 7. 1832
That he enlisted into the service of the United States for three years under the following named officers and served as herein stated. That he enlisted in the Spring of the year under a recruiting officer by the name of Jesse Hubbell, a Lieutenant, and served in a company under the command of Captain John Wright in a Regiment commanded by Col. Willett, and was first stationed at Fort Herkimer on the Mohawk River. Staid there until the fall of the year and then marched down the river 20 miles to Fort Plain. Staid there until the following Spring and then marched back to Fort Herkimer - quartered the second Winter at Fort Plank about 3 or 4 miles from Fort Plain, went from there to Fort Plain and staid until the last part of the summer, and then went to Fort Stanwix and staid until the beginning of winter then marched down the Mohawk River to the town of Schenectady for winter quarters and some time in the winter at the close of the war he received his discharge some months before his term of three years had expired. The precise time of service he cannot now recollect but it was between two and three years. That some time in the first summer of his services he was in an engagement against a party of British near Oriskay on the Mohawk River. At the time he enlisted he lived in the town of Charlton in the State of New York.
Besides the above-named Officers, he recollected the following that belonged in the same Regiment, one Major by the name of Van Coudern and one by the name of Plink and Capt Newell. Cannon - and Rose - Lieuts Bingham, Shaver and Thornton, and Elisha Trotter, the first Sergeant

of the company in which he served was Schaback Coon, That he knows of no person now living whose testimony he can produce who was with him in the service - and that his said discharge was de- stroyed by fire in the burning of a dwelling house some time in the year 1784
He hereby relinquishes every claim whatever to a pension except the present and declares that his name is not on the pension roll of the agency of any State
Sworn to and subscribed this 3 John M. Dake day and year aforesaid. } J W Ghenman Clk
We Varanes Bennis. a Clergyman Residing in town of Huron in the county of Albany and state of New York and and Borlett Dake. William Vernon Hubbard Residing in the same place and in the neighbourhood of the above mentioned John M Dake hereby certify that we are well acquainted with the said John M Dake 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 neighbourhood where he lives to have been a soldier of the revolution and that we concur in that opinion
Sworn and subscribed this 3 Varanes Bennis the day and year aforesaid } Borlett Dake. Vernon Hubbard
J W Ghenman Clk

Allegany County, N.Y.
Bartlett Dake being Duly sworn according to law upon his oath saith that he now lives in the neighborhood of John M Dake at Almond in said County and that he is a Brother of the said John M Dake and knows that he is of the age set forth in his declaration and that he lived in his father's family and well recollects that John M Dake enlisted into the Army of the United States in the Revolutionary war under a Recruiting Officer by the name of Jesse Hubbleth in Linton and that the captain's name was Wright and that he was in a Regiment commanded by Col Willett that he enlisted for the term of three years and was gone two years and some months and came home in the winter season at the close of the war that he has often seen his discharge and understood at the time and now verily believes his said discharge was destroyed in the burning of a dwelling house in the year 1784
Bartlett Dake
Sworn and subscribed before me this 30th day of October 1832
J H Sherman Clerk

And the said Court do hereby declare their opinion after the investigation of the matter and after putting the interrogatories presented by the said applicant that the above named applicant was a Revolutionary Soldier and served as he states, and the court further certifies that Veranus Bemus who has signed the preceding certificate is a Clergyman Resident in Almond aforesaid and that William Habbell and Baxter Dake, who have also signed the same are residents in the town aforesaid and are credible persons and that their statement is entitled to credit
John Griffin Judge of the Bastille Court of Common Pleas John Niter
State of New York. Albany County, ss.
I Judson B Sherman Clerk of the court of common pleas of the county of Albany do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of John M Dake for a pension
In testimony whereof I have hereunto set my hand and seal of Albany County Clerks office. This 30. day of October in the 1832
J W Sherman Clerk
John M. Dake
18239

Albany County N.Y.
I John M. Dake being duly sworn swear that in consequence of old age and the consequent loss of memory I cannot be positive as to the day on which he entered the army of the United States, unless the officers received are his declaration hereunto annexed. But he is positive that he entered in the month of April 1781 and that he enlisted for the term of three years as a private soldier in the Continental troops and that he served in the Revolutionary war as a private until the winter of 1784 and until the close of the war, and that he received a discharge signed by an officer whose name he cannot now recollect that he received a discharge before his term of three months years had expired that he cannot recollect the date of his discharge, that he served at least two years and eight months, and that he was continually engaged in the military service either in the field or in building forts, and that he was engaged in no kind of civil business from the time he entered the army until he was discharged.
Sworn and subscribed
before me this 14th day of
John M. Dake
June - 1835 -
W. M. Hervey Justice of the Peace

Albany County ss.
Augustus Dake and Bartlett Dake being duly sworn on their oaths say that in the month of April 1783 they lived in their fathers family at the town of Charlton in the county of Saratoga State of New York that John M. Dake who makes the annexed declaration, is their Brother and lived in the family with them, that in the month of April in the year 1781. John M. Dake. Enlisted as a private soldier in the army of the United States, for the term of three years under a Recruiting officer by the name of Jesse Hubbell and that he joined a Regiment under the command of Col. Marinus Willett, that they saw him several times in the army during his term of service, that he came home at the close of the war in the winter of 1884 that they have seen his discharge when he came home but cannot recollect by whom it was signed that some time the same year it was destroyed in the burning of a dwelling house where the said John M. Dake then lived as they both understood at the time and verily believe, that the said John M. Dake served in the army at least two years and eight months.
Sworn and subscribed before me this 17th day of June 1833 W. M. Hasley Justice of the Peace Augustus Dake Bartlett Dake
I certify that I am well acquainted with Bartlett Dake and Augustus Dake who have sworn and subscribed to the above affidavit and that their statement is entitled to full credit. W. M. Hasley J.P.

State of New York Albany County } ss. Clerks office
I Hudson W Sherman Clerk of the county of Albany do certify that William W. Hensley Esq. deposes whom the foregoing affidavit of John M. Dake and the affidavit of Bartlett Dake and Augustus Dake, and the certificate of credibility of the said Bartlett Dake and Augustus Dake, was subscribed and taken meas at the date thereof a justice of the peace of the said county duly commissioned and sworn, and that I am acquainted with his signature and verily believe the same to be in his own proper handwriting, and I do further certify that no papers have been herunto improperly attached since the date of the foregoing declaration. In testimony whereof I have hereunto subscribed my name and affixed the seal of said County at Albany this 27 day of June 1833
J W Sherman Clerk

Rev War 19.272 INVALID.
File No. 19.272
John M. Dake Rev War
Act: June 7 th 32 nd
Index:—Vol. 9 , Page 100
[Arrangement of 1870.]

2626
P. O. _____
John M. Lake
Service: _____
Enlisted: _____, 18
Discharged: _____
REJECTED
Revo.
Act. 7. June 1832
Suspended
John M. Lake
See letter to
W. M. Hawley North Huron N. Y.
Oct. 29. 1833
2626

29837 John M Dake
W. M. Hawley Agent
North Shinwood N.J.
Admitted
Private 2 years
See letter to Hon Edward Howell M.C.
Hon. E. Howell Return answer to W Howell. A.R.

State of New York } Albany County } ss.
On this 9 th day of January 1834 personally appeared before me Andrew E. Hull Esq. first judge of the county courts of the county of Albany aforesaid John M Dake aged seventy four 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 act of Congress passed June 7- 1832 - That he entered the service of the United States in the Revolutionary war under the following named officers and served as herein stated. April 1- 1781. he enlisted as a private soldier in the state troops of the State of New York under a recruiting officer by the name of Jesse Hubbell a Lieutenant - That he enlisted for the term of three years or during the war. That he joined a company under the command of Captain Job Wright. and that he belonged to a Regiment commanded by Colonel Marinus Willett. That he continued to serve under the same officers, until he was discharged at the close of the war. That he first joined the army at fort Kirkkinner on the Mohawk River. Staid there until the fall of the year then marched with the Regiment to fort Plain. Staid there until the spring of 1782. while there he was one of sixteen men

who were stationed as a guard at the ferry opposite to fort Plain, while there they were alarmed by the approach of a heavy scouting party of the british and some Indians, that they were then ordered to fort Plank and then to fort Herkimer, in the spring of the year 1782 as before mentioned. Staid at fort Herkimer until the last of the summer, and then went to fort Schuyler - man Staid he thinks three or four weeks, and then went back to fort Herkimer, that in the month of November 1782. They a part of the com- panies went to fort Plain and a part to fort Plank for winter quarters that in the course of the winter they were ordered to change places those at fort Plain were ordered to fort Plank and those at fort Plank were ordered to fort Plain this manouevr was said to be for the health of the soldiers, that while at the last mentioned places they were employed a part of the time in building additions to the forts, that some time in the sum- mer of 1783. they marched to fort Stearns, and staid until fall that while at fort Stearns they built two heavy block buildi- ngs for securing and mounting the artillery. that then in the fall of 1783. they went to fort Plain and were reviewed by Generals Washing- ton and Knox. That after they went away they were ordered back to fort

to attend Court, And I do further certify that Augustus Dake by reason of the distance and the limited means of the said John M. Dake, cannot be produced as a witness at this examination, without unreasonable expense to the said Applicant Dated the 7 th day of January 1834
Andrew C. Hull First Judge Allegany Co. Pleas
State of New York, Allegany County ss.
I Judson W Sherman Clerk of the court of common pleas and Clerk of the said County do hereby certify, that Andrew C. Hull the person who has subscribed his name to the above certificate and before whom the fore- going declaration and of John M. Dake and the affidavit of Bartlett Dake was made and taken was at the date thereof first judge of the county courts of Allegany county, and that the subscribed signatures "A. C. Hull first judge" are in his own proper hand writing. In testimony whereof I have hereunto subscribed my name, and affixed the seal of the said county at Angola the 15 th day of January 1834. W Sherman

particulars of his services when he returned from the army and he then told the same story and some of the same particular facts set forth in his declaration. That he has no means of knowing positively the age of the said John M. Dake but has always understood by his parents while they were living that he was born at Charleston in the State of Rhode Island, in the year 1759.
Sworn and subscribed Barth H Dake before me this 9 th day of January 1834.
Andrew C. Hall
First Judge
Allegany Com
Plas
And I the said Judge do hereby declare in my opinion after investigation of the matter and after putting the interrogatories prescribed by the War Department, that the said John M. Dake the above applicant was a Revolutionary Soldier and served as he states. -
And I do further certify that Barth Dake who has subscribed and sworn to the above affidavit as a witness is a credible person and that his testimony is entitled to full credit. And I do further certify that the said John M. Dake is by reason of age and bodily infirmity unable

Stearns Staid there a few days and then marched down to Schenectady for winter quarters. That soon after they arrived at Schenectady and in the month of November 1783 at the close of the war he received his discharge That he cannot recollect by whom it was signed thinks by Colonel Wiltt. That his said discharge was destroyed by the burning of a dwelling house where he made his home and kept his papers, immediately after he was discharged. That the first summer after he entered the service he was in a skirmish with a scouting party of British and Indians at a place or field in the woods called Oriska. That also the first summer after he enlisted he drew one months pay and a suit of cloaths. That he drew no more cloaths. and does not recollect of receiving any more pay That in the same Regiment was the following named officers - Major? Van Corden and Think. Captains? Newell and Cannon. Lieutenants Hubbell, Shaver, Bingham Thornton, Campbell, Rose Ensign Trotter, in the company with this declarant was Orderly serge- ant Ichabod Coon, and other sergeants Bidwell & Dake, That he cannot recollect the names of any of the full officers of other officer Regiments,

that he has no Record of his age But from what he has always understood from his parents when he was a child and ever since he was born at Charlton in the state of Rhode Island. that in the year 1759. That when he enlisted into the Service, he lived at the town of Ballston Seratoga County. New York, that since the close of the war he has lived in Charlton Seratoga County N.Y. Six or seven years. That then he went to Camb- -ridge Washington County N.Y. lived there about 16. years. That then he went to Mayfield Montgo- -mery County and staid one year that then he went to Penfield in what was then Ontario now Monroe County N.Y. and lived six years. That then he moved to Albany Albany County where he now lives and has lived a number of years. That he enlisted but for one enga- -gement and continued to serve untill the close of the war that from the day he first joined the Regiment untill he was disch- -arged he was continually emplo- -yed as a soldier and was con- -tinually in the field or in camp and employed in building and repairing forts and was no part of the time engaged in any other business. That he knows of no person now living

who was a soldier with him in the army whose testimony he can procure, that two of his brothers are living, who were knowing to the time he enlisted and that he served as a soldier until the close of the war that their names are Bartlett Dake and Augustus Dake - that the former lives in Allegany County and the latter in Caturagus County, N.Y. - that by reason of age and loss of memory he cannot now recollect the precise day of the month of November on which he was discharged, that he served in all at least two years seven months (and some days over)
He hereby Relinquishes every claim what ever to a pension except the present and declares that his name is not on the pension Roll of the agency of any State
Sworn and subscribed before me the day and year aforesaid. John W Dake
Andrew C. Hull First Judge Allegany Com. Plead.

Albany County ss.
Barlett Dake being duly sworn upon his oath saith that on the first day of April 1781- John M. Dake the person who makes the foregoing declaration enlisted as a private soldier in the State troops, of the State of New York under a Recruiting officer by the name of Jesse Hubbard a Lieutenant. That the said John M. Dake joined the Regiment commanded by Colonel Marius Wittt and that he was in a company commanded by Captain John Wright that he was discharged at the town of Schenectady in the county of Schenectady in the State of New York in the month of November 1783. That he saw him frequently while in the army and knew he was stationed a part of the time at fort Hirkimer a part of the time at fort Steinwise and understood at the time that he was also stationed at fort Plank and Plank but did not see him while at either of the last mentioned forts. That after he came home he saw his discharge, and understood at the time and now firmly believes it was burnt in the burning of a dwelling house as mentioned in his declaration that he heard the said John M. Dake tell the

particulars of his services when he returned from the army and he then told the same story and some of the same particulars set forth in his declaration. That he has no means of knowing positively the age of the said John M. Dake but has always understood by his parents while they were living that he was born at Charleston in the State of Rhode Island, in the year 1759.
Sworn and subscribed Barth H Dake before me this 9 th day of January 1834.
Andrew C. Hall
First Judge
Allegany Com
Plas
And I the said Judge do hereby declare in my opinion after investigation of the matter and after putting the interrogatories presented by the War Department, that the said John M. Dake the above applicant was a Revolutionary Soldier and served as he states. -
And I do further certify that Barth Dake who has subscribed and sworn to the above affidavit as a witness is a credible person and that his testimony is entitled to full credit. And I do further certify that the said John M. Dake is by reason of age and bodily infirmity unable

to attend Court, And I do further certify that Augustus Dake by reason of the distance and the limited means of the said John M. Dake, cannot be produced as a witness at this examination, without unreasonable expense to the said applicant. Dated the 9 th day of January 1834.
Andrew C. Hull First Judge Albany Co. Plus
State of New York, Albany County ss.
I Judson W. Sherman Clerk of the court of common pleas and Clerk of the said County do hereby certify, that Andrew C. Hull the person who has subscribed his name to the above certificate and before whom the foregoing declaration and of John M. Dake and the affidavit of Bartlett Dake was made and taken was at the date thereof first judge of the county court of Albany county, and that the above signatures "A. C. Hull first judge" are in his own proper hand writing. In testimony whereof I have hereunto subscribed my name, and affixed the seal of the said county at Albany this 13 th day of January 1834. J. W. Sherman

State of New York } Caturagus County } ss.
Augustus Dake being Duly sworn upon his oaths saith that he has been well acquainted with John M Dake of Almond in the County of Albany and that he had been acquainted with him previous to the commencement of the Revolutionary war. That on the first day of April 1781 the said John M Dake, Enlisted as a private Soldier in the Revolutionary war, in the State troops of the State of New York. That he enlisted under an Ensign by the name of Jesse Hubbell who was a Recruiting officer under Colonel Marinus Willett. That the said John M Dake joined a company commanded by John Wright a Capt in Willett's Regiment That he was stationed a part of the time at fort Sturges, a part of the time at fort Berkimer, a part of the time at fort Plain - and a part of the time at fort Plank, That he saw him often while in the army. That he was discharged at Schenectady in the month of May  the November 1783 does not recollect what time in the month That when the said John M Dake came home he showed his discharge and the deponent saw it and read it. That it was soon after destroyed in the burning of a dwelling house wherein the said John M Dake lived and kept his papers. That the said John M Dake was born at Charleston Rhode Island in the year 1759 according to what this deponent has always under- stood, by his parents That at the time he enlisted he lived at Ballston Saratoga county N.Y.

that since the war he has lived a part of the time in Shelbyton Senatobia county a part of the time in Cambridge Washing- ton county, that he most lived at Mayfield Montgomery county. that he then moved to Senfult in what was then Ontario county, that from there he moved to Simonds where he now lives. Sworn to and subscribed Augustus Doak before me this 4th day of February 1834 - Israel Day a Judge of Cattaraugus Common Pleas
State of N. York Cattaraugus County
I Thomas J Williams Deputy Clerk of the county of Cattaraugus do Certify that I am acquainted with the hand writing of Israel Day the person before whom the above affidavit was subscribed, and taken and believe the said signature to be in his own proper hand writing and I do further Certify that the said Israel Day was at the date of the said affidavit an acting Judge Court of Common Pleas in and for said county the present duly Commissioned and sworn,
In testimony whereof I have caused the Seal of said County to be affixed and have hereunto subscribed my name, this 4th day of February 1834.
Thomas J Williams Deputy Clerk

State of New York Albany county ss }
Benjamin Hays being duly sworn saith that he is acquainted with Augustus Dake of the person who made and subscribed the affidavit before Israel Day a judge of the court of common pleas of the county of Cataraugus. bearing date the 4th of February 1834 and that the said Augustus Dake is a man of truth and veracity and his testimony is entitled to full credit sworn and subscribed before me this 25th day of March 1834 W. M. Hawley PP. }
Benjamin Hays
Albany county }
Elias Hurling being duly sworn saith that he is well acquainted with Augustus Dake who made the annexed affidavit before judge Israel Day of Cataraugus County bearing date Feby. 4- 1834. and that he is a man of truth and veracity and that his statements are entitled to full credit sworn and subscribed before me this 25th day of March 1834 W. M. Hawley PP. }
Elias Hurling

State of New York } Albany County }
Charles M c Lean being duly sworn saith that he is acquainted with Augustus Dake of the county of Catskills the person who made the annexed affidavit before Judge Day of Catskills county. Dated July 4-1834 and that his testimony is entitled to full credit sworn and subscribed before me this 25 th Charles M c Lean day of March 1834 W m Hensley J.P.
Albany County ss
William M c Hensley being duly sworn saith that he procured of Augustus Dake of the county of Catskills the annexed affidavit dated on the 4 th day of July 1834 taken before Judge Israel Day and that the said Augustus Dake is personally known to this deponent and is a man of truth and veracity and entitled to credit sworn and subscribed before me this 25 th } day of March 1834 } W m Hensley. Hensley Judge of Albany Common Pleas.

I Asa S Allen judge of the court of common pleas of the county of Allegany do certify that I am personally acquainted with Benjamin Hays and Elias Hull the persons whose names appear to affidavits taken and subscribed before William M Hawley Esq and also that I am personally acquainted with W m M Hawley the person whose name is subscribed to the affidavit taken and subscribed before me all of which appear upon this paper, and that each and all of them are men of truth and veracity and that their testimony is entitled to full credit,
Asa S Allen Judge of Allegany Common Pleas

State of New York Albany County
Isaac W. Sherman Clerk of said County of Al- bany do certify that William M. Hawley before whom the fore- going Affidavit purport to have been sworn was upon the day of the date of the same one of the Justices of the peace in and for said County I also further certify that Isa. S. Allen before whom the foregoing Affidavit was sworn was at the date of the same one of the Judges of the Court of Common Pleas in and for said County. And that I am well acquainted with the hand writing of the said William M. Hawley and Isa. S. Allen, and that their names subscribed to said affida- vits & to said certificate, are their proper hand writing & genuine signature.
In testimony Whereof I have hereunto set my hand and affixed the seal of the Court of Common Pleas of said County this 25 th day of March 1834
Isaac W. Sherman Clerk