Revolutionary War Pension and Bounty Land Warrant Application File S. 13371, David Hemstrought, Continental New York

SERVICE
NUMBER
Continental New York
Hemstrought, David S. 13371
CONTENTS
leaded

No 19790
David Hemstrough Tioga Co N. York
admitted
admitted.
16 mo. Pirate
Cyrus Dana, Jr. Tioga P.O. N. 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 subjjoined 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 David Hensborough Lezab: N. 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 1777 9 Private 1st Peter Thomas Centennial Lieut. Gen. Gates Col. Livingston Gen. Arnold Saratoga First turn to Albany State Route Burgoyne Heights Albany St. George Age 74 New Town Albany 60 N. York Traditionary   Enlisted 1778 7 Capt. Layton  
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 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 , 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 [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.
Received

David Armstrong
19790
Arr. ✓

State of New York.
Tioga County S. On this 20 th day of November 1882. personally appeared in open Court before the Judge of the Court of Oyer & terminer held at Oswego in & for the County of Tioga now sitting, David Muntzough a resident of Oswego, Tioga County and State of New York age about 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 th 1832.
That he entered the service of the United States under the following named officers and served as herein stated.
That he entered into a Company in the Continental Line, Parsons' Light Artillery the Officers' names he has now forgotten, - the Company was attached to a Regiment commanded by Colonel James Livingston. He enlisted in the Spring of 1777. for a term of nine months. That the army was under Command of Genl. Gates. That he marched from Fort Stanwix then in Albany County State of New York to Johnstown, thence to Albany and joined the Main Army at Saratoga and thence the whole marched to Stillwater, and encamped at Bemis Heights. He was engaged in the Battle with Burgoyne and was one of the parties that stormed the Redoubt. He was wounded in the leg in the action. After Burgoyne surrendered he went with the Army to Albany. The wound he received was given by a bayonet. He was under the immediate Command of Brig. Genl. Arnold in the battle. At the end of the nine months for which he enlisted, he was duly discharged but his discharge has been long lost. In the Spring of 1778. he enlisted for seven months under Captain Taylor, whose Company with a company of Regulars was sent to garrison Fort George on the Lake of that name, in which fort he served the seven months out. He went down several times to Tienderoga in a boat with provision for the army during the period. At the close of this service he was discharged but has lost the discharge and has no documentary evidence of his service and knows of no person whatever whose testimony he can procure who can testify to his service. That he resided at Newtown in Albany County State of New York at the time of his several enlistments above stated. He resided at Newtown until he was about thirty years of age and then removed to the Town of Oswego aforesaid where he now resides. That he does not know the month nor year in which he was born, with certainty.

but supposes himself to be about seventy four years of age. His father died when he was very young. He has no recollection of him, nor has he any record of his age. That he was born at Schenectady in the State of New York as he has always understood.
That he is known to Col. Asa Camp, Eleazar Dana, John R. Drake, & John Wallenback Esquires who can testify as to his character for veracity & their belief of his services as a soldier of the Revolution. That he has not visited Schenectady or New town, nor seen any of his friends there within a period of more than twenty years.
He 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 any agency of any State.
Sworn & subscribed the day & year first above written David Hemsrought
W. Asa Camp Eleazar Dana
Residing in the Town of Oswego in the County of Tioga & State of New York do hereby certify that we are well acquainted with David Hemsrought who has sworn to & subscribed the foregoing declaration That he has for many years been a Constable & Collector in & for the town of Oswego in said County - That we believe him to be seventy four years of age - That he is reputed and believed in the neighborhood where he resides to have been a soldier of the Revolution
And we concur in that Opinion Asa Camp Eleazar Dana
J. Green M. Fitchell Clerk of the Court of Oyer & terminer of Tioga County do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of David Hemsrought for a pension.
In Witness whereof I have hereunto set my hand and the seal of the Court this 20 th day of Nov r 1852.
And the said Court hereby certify their opinion after the investigation of the matter and after putting the interrogatories prescribed by the War Department that the above named applicant David Hemsrought was a soldier of the Revolution and served as an Enlisted man. And the said Court further certifies that it appears to them the judges of said court that Asa Camp and Eleazar Dana who have signed the foregoing certificate reside in the Town of Oswego aforesaid & are the

-able Parsons and that their Statement is entitled to full credit and belief - And further that there is no clergyman in his immediate vicinity.
I Green M. Smith Clerk of the Court of Povers & Surmener in and for the County of Troy at Albany certify that the foregoing contains the original proceedings of said Court in the matter of the application of David Hensbrought for a Pension. In testimony whereof I have hereunto set my hand and seal and the Seal of said Court this 23 day of November AD 1832 Green M. Smith Clerk
Served of this copy of the foregoing to Mr.

executed November 20, 1832, at which time he was about seventy-four years of age and living in Owego, Tioga County, New York, where he had lived when about thirty years old.
The papers in this claim contain no reference to wife or children of the soldier, David Hemstrought.
In order to obtain the date of last payment of pension, name and address of person paid, and possibly the date of death of this pensioner, you should apply to The Comptroller General, General Accounting Office, Records Division, Washington, D. C., and give the following-
David Hemstrought Certificate # 14444 Issued May 27, 1833 Rate $53.33 per annum Commenced March 4, 1831 Act of June 7, 1832 New York Agency.
Very truly yours
A. D. HILLER Executive Assistant to the Administrator

March 6, 1937
David Hemstrought S. 13371 BA-J/AWF
Miss Eva A. Thomas 80 Hawley Street Binghamton, New York
Dear Madam:
Reference is made to your letter in which you request the Revolutionary War records of David Hemstrought and John Woughter, both of New York State.
The Revolutionary War records of this office have been searched and no claim for pension found based upon the service of John Woughter, Wooster or Van Woughter, or of a John Wooster who served with the New York troops.
The Revolutionary War record of David Hemstrought which follows was obtained from papers on file in pension claim, S. 13371, based upon his service in that war.
David Hemstrought was born in Schenectady, New York, date not stated. The names of his parents were not given; his father died when he was quite young.
David Hemstrought resided in Newtown, Albany County, New York during the Revolution. He enlisted in the spring of 1777 and served nine months in Colonel James Livingston's Continental Regiment, was in the battle of Bemis Heights, where he was wounded in the leg by a bayonet. He enlisted in the spring of 1778 and served seven months in Captain Taylor's New York company, during this service he was stationed at Fort George on Lake George.
He was allowed pension on his application

1929-June 27-High to Chieft. Coffey anns. 1937-Pub at 6-High to Miss Eva A. Skou
Rev. Skou
INVALID.
File No. 13.371
David H. Armstrong Brn. Rev. War.
Act: June 7 th 1832
Index:—Vol. 1 , Page 170
[Arrangement of 1870.]

14444 New York David Hemstrought Troop A in the State of New York who was a Private in the Company command by Captain Day of the Regt : command by Col Livingston in the N.Y.  line line for Memor
★ Continental N.Y.
Records completed April 3/06. f.2
Inscribed on the Roll of New York at the rate of 53 Dollars 33 Cents per annu to commence on the 4th day of March, 1831.
Certificate of Pension issued the 27 day of May 1833 and sent to Cyrus Dana Arrears
Arrears to the 4th of March '33 $106.66 Sem-ant. allowance ending Septm 26. 46
$133.32
{ Revolutionary Claim, Act June 7, 1832.
Recorded by W. L. Williams Clerk Book E Vol. 4 Page 60

The undersigned Citizens of the Town of Onondaga County of Tioga and State of New York understanding that David Hewstraught of Onondaga aforesaid is about making application for the benefit of the act of Congress passed June 7 th 1832 do state & declare that they have been acquainted with said David many years some of us twenty years or upwards, in which time he has held and officiated in several civil Offices and has always discharged the same faithfully, and sustained the character of a man of integrity, truth & rectitude, and have always understood that he was a soldier in army of the Revolution. Dated 15 th Nov. 1832
Asa Cook P. Hollenbach

Apalachin, Tioga Co., N.Y., Feb. 20, 1929.
Department of the Interior, Bureau of Pensions Washington, D.C.
Mr. Winfield Scott, Commissioner.
Dear Sir, -
Would you be so kind as to favor me with copy of pension application of the following Rev. soldier?
David Hemstrought
Born 1753 Died April 5, 1837 Buried Campville, Tioga Co. N.Y. Son Richard born 1789 Son Jacob born 1776 Pension allowed. May 27, 1833 Private N.Y. Continentals
Especially his service and references to his wife and family if any such references.
Very Respectfully
Charles Cafferty

30 Hawley Street Binghamton, N.Y., Feb.13, 1937.
Bureau of Pensions, Revolutionary War Service, Washington, D.C.
Gentlemen,- Will you please inform me if there are any records of either of these :
David Hemstrought- private 12 th regiment Albany county, N.Y. Col. Jacobus Van Schooven. Died April 5, 1837, Tioga county, N.Y.
John D Woughter ( 5 Woofter- Wooster) or ✓ Van Woughter died probably before 1818 but am not sure. Lived in Tioga or Broome county, N.Y., at time of death.
In case you find records I would be glad to have any names mentioned in records.
Very truly,
Eva A. Thomas
(Miss) Eva A. Thomas.

Rev. and 1812 Wars Section. AWF
June 27, 1929.
Charles Cafferty Apalachin New York.
Sir:
I advise you ff the papers in the Revolutionary War pension claim, S. 13371, it appears that David Hemstrought was born in Schenectady, New York, date not stated.
While residing in Newtown, Albany County, New York, he enlisted in the spring of 1777 and served nine months under Lieutenant Peter Thomas in Colonel James Livingston's Continental Regiment, and was wounded in the leg at the battle when Burgoyne was taken. He enlisted in the spring of 1778 and served seven months in Captain Taylor's New York Company, and did garrison duty at Fort George.
He was allowed pension on his application executed November 20, 1832, at which time he was living in Owego, Tioga County, New York, aged se venty-four years.
There are no data as to family.
The above noted David Hemstrought is the only soldier

of that name found on the Revolutionary War records of this Bureau.
Respectfully,
EARL D. CHURCH Commissioner.