Revolutionary War Pension and Bounty Land Warrant Application File S. 13293, Daniel Hart, New York

SERVICE
NUMBER
New York
Hart, Daniel
S 13293
CONTENTS
boarded

Pur 4012 27749
Daniel Hart Resided in the State of New York was a private in the Co. C commanded by Captain Yates of the 158th commanded by Col. Shick in the New York line for 5 months private
Inscribed on the Roll of New York at the rate of 26 Dollars 66 Cents per annum. to commence on the 14th day of March, 1831.
Certificate of Pension issued the day of October 1834 and Sept 16, 76 3/4 McCarthy Richland
Due to the 14th of Sept 93.31 Pension allowance ending March 13.33 $106.64
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by Sam Boyd Clerk, Book 82 Vol 4 Page 30
16,173

18173 Daniel Hart
Application for a Pension for services in New York, St. Louis & as an Indian spy
By letter of W. McCarly a relinquishment has been found
advised Shapri $26.66

Declaration in order to obtain the benefit of the act of Congress passed June 7. 1832
State of New York County of Oswego
On this first day of October in the Year of our Lord one thousand eight hundred and thirty two. personally appeared before me John Reynolds. one of the Judges of the Court of Common Pleas of the said County of Oswego (the same being a Court of Record) Daniel Hart a resident of the Town of Sandy Creek in the County of Oswego and State of New York aged eighty seven 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 under the following named officers. and served as herein stated
That sometime in the Month of July (the precise day not recollected) in the Year 1775. he enlisted voluntarily in the Company of New York State troops (or. Yorkers as they were then called) in the second battalion. commanded by Capt. Gates. in the Regiment of Col Van Schaick and in which Peter Gansevoort was Major - That the name of the Lieutenant was Andrew Sink. the name of the Ensign not recollected; the name of the Orderly sergeant was John Smith: That he enlisted in the Town of Palatine in what was then Tryon County (now Montgomery) New York where he resided at the time of entering the service That immediately after his enlisting he was marched to Albany where he lay a short time and then they marched with him the Regiment or battalion of Col Van Schaick where they did not or near Saratoga and then marched

to the north on for the purpose of invading Canada, which they did under Genl Montgomery. That they went by way of Lake George to Ticonderoga where they lay a few days and then went to Isle aux Noix, and from there to St Johns where they had an engagement or skirmish with the British and laid siege to the place. That he was in the battle at Chamblee when the fort was taken by the Americans - That after this detachment in which he was engaged went down the River to a place the name of which he does not now recollect and there took a quantity of stores, and then returned to Chamblee and St Johns - That after St Johns was taken he marched to Montreal with his company and lay there until his time was out, which was about the first of Jan'y 1776. That their time was out as he believes (and as was then stated) before they got to Montreal, but the soldiers were prevailed upon to go on, and told that they would be discharged at that place . That in Montreal they were discharged or dismissed. That their Captain did not go to St Johns Montreal, and the company went with Lieut. Fink who was in command - That he cannot say for what length of time they enlisted, but that it was between five and six months from the time he entered the service before he was discharged as aforesaid - That after being discharged in Montreal as aforesaid he again enlisted (being unable to get home) together with a number of the his comrades about the middle of Jan'y in a company commanded by Capt. Brebe at Montreal. in the Continental Line That he lay at Montreal during the winter and served in said Brebe's company; the Lieutenant was one Allen - the other officers of the company not recollects - That they belonged or were attached as he believes to Col. Abner's Regiment and were under the command of Genl Wooster - That they marched from Montreal back to Albany in the spring and were discharged in Albany, sometime in the month of May (the exact time not recollects) - That it was three months and a half or four months from the time he enlisted in Capt. Brebe's company in Montreal until he was discharged in Albany - That he cannot positively say whether he was discharged in Albany or at Montreal
That they marched together until they reached Albany, where those who would not re-enlist were obliged to leave their guns and receive five dollars for it - That he did not again enlist but returned to his former residence, and received pay for his gun - That his first period of service was in what was called the 2nd battalion of Yorkers (or New York men) commanded by Col. Van Schaick - That he does not remember

marched from Montreal back to Albany in the spring and were discharged in Albany sometime in the month of May (the exact time not recollecting). That it was three months and a half or four months from the time he enlisted in Capt Babal company in Montreal until he was discharged in Albany. That he cannot positively say whether he was discharged in Albany or at Montreal.
That they marched together until they reached Albany: where those who would not re-enlist were obliged to leave their guns and receive five dollars for it. That he did not again enlist but returned to his former residence and received pay for his gun. That his first period of service was in what was called the 2 nd battalion of Yorkers (or New York men), commanded by Col Van Schaick. That he does not remember any other regular officers than here stated: or any other of the companies with whom he served during this expedition.
That he knew many of the privates in his company and particularly Michael Kern. Henry Ademy - one Zimmerman all who enlisted at the same time with him. That he knows of no one of them now living except Michael Kern. he can about and knows of no one now living except him by whom he can prove his service. That he never received a discharge in writing and has no documentary evidence in relation to his service.
That again in the spring of the Year 1777 a company of Rangers (as they were then called) was raised in Palatine the in the then County of Lyon New York (Now Montgomery Co).

and he remembers going down the Susquehanna a short distance at one time when the Indians had murdered a family in Springfield or Cherry Valley and then retreated down the Susquehanna. They were in readiness to march whenever called upon, and raised for that purpose. That he does not know to what Regiment they belonged or whether they belonged to any one. Block was Colonel of the Militia in that section at the time, but whether they belonged to his Regiment or not he cannot say. That when they were not out on duty they remained at their homes in the That the Company in which he enlisted and served as aforesaid was the company of Capt. Christian Hetman, and the Lieutenant was James Billington, and the Ensign Jacob Simmons, and the Orderly Sergeant John Smith, the same one who is mentioned as being Orderly Sergeant in the Company of Capt. Yates, when on the Canada expedition.
That during the period of this nine months service he was called out with which was subsequently part of his company by Lieut. Hetman and went with Lieutenant Billington, and the company to relieve Fort Schuyler. That while out at this time they had the engagement with the British and Indians, usually called the Oriskany battle, at which Lieut. Hetman was wounded, and Lieutenant Billington killed, and or taken prisoner, as he never saw him after they were defeated and driven back, and the company dispersed. That after this battle he returned home and served as before in the Ranges and was in the party of Capt. Hetman and served out the whole of the said nine months, in the manner aforesaid, at which time his period of service expired he cannot recollect as he does not know when it commenced, but is positive he enlisted for nine months & served out the whole of his time. That he received no discharge in writing but was dismissed, and has no documentary evidence in relation to this service and knows of no person now living whose testimony he can procure who can testify to his service at this time.
That again in the spring of the Year 1748, a Company of Ranges was raised in the Town of

in writing but was dismissed. and has no documentary evidence in relation to this service and knows of no person now living whose testimony he can procure who can testify to his service at this time
That again in the spring of the Year 1778. a Company of Rangers was raised in the Town of Palatine for the like purposes and objects as the Company in the Year 1777 - That he enlisted in said Company in the Month of April or May. as he believes but cannot recollect with certainty. The day of the month not recollecting - That he enlisted in the Company was then commanded by Capt John Copleman. and Lieutenant Simmons - the same who was Ensign the year before in Capt. Schumann's company - That he does not now recollect the name of any other officers of the Company - That they served in the same manner as above stated in relation to his service in 1777 - That the Company was divided in four parties and each party was out a week at a time and so through the season - That they were stationed along the same route that they watched the year before. and were to look out for Indians - and give notice. That they were frequently around Schoharie Lake. and that they generally went out through Dillenburg. to Schoharie and back home through Mayfield & Johnstown. That he was in actual service during both the seasons in his depositions mentioned more than one quarter of the time besides being on duty at all times ready & liable to be called out as he frequently was That he does not know to what Regt they belonged or whether they belonged to any - That he served out the whole of said Nine months - and at the expiration thereof the company was dismissed
That the said Companies were raised as he understood by the State of New York - That he received no written discharge and has no documentary evidence in relation to his service and knows of no person now living whose testimony he can procure who can testify to his service.
That as he has understood he was born in the Town of Schoharie in the County of Schoharie New York on the fifteenth day of February in the

Year of our Lord one thousand six seven hundred and forty five - Has no record of his age
That since the Revolutionary war he has resided in the Towns of Palatine in Montgomery County New York in Mendon Herkimer Co. in Manlius in Onondaga Co and in the Town of Sandy Creek in Oswego County New York where he has resided but about a rather less than one year - That he is known to a number of individuals in Sandy Creek who can testify as to his character for veracity - and would particularly refer to the Rev. Timothy Goodwin Mr. George Brading - Harmonus Hill - Frederick Schell - and Alden Crandell. By as persons to whom he is known in his present neigh- borhood who can testify to his character for veracity and their belief of his services as a soldier of the Revolution
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 the Agency of any State.
Sworn to and Subscribed the day and year aforesaid The deponent says his right in consequence of being entirely unable to write
Daniel his Hart marks
John Reynolds a judge of Amegse Common Pleas
We Timothy Goodwin a Clergyman residing in the Town of Sandy Creek and Harmonus Hill residing in the Town of Sandy Creek in the County of Oswego and State of New York hereby certify that we are well acquainted with Daniel Hart who has submitted and sworn to the above declaration: that we believe him to be eighty seven 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 John Reynolds a judge of Amegse Common Pleas
Timothy Goodwin Harmonus Hill

well acquainted with Daniel Hart who has subscribed and sworn to the above declaration: that we believe him to be eighty seven 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 John Reynolds a judge of Cressy Common Pleas
Timothy Goodwin Harmonus Gil
Ando. As the said Judge do hereby declare my 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 I do further certify that it appears to me that Timothy Goodwin who has signed the preceding certificate is a Chugman resident in the Town of Study Creek aforesaid and that Harmonus Gil who has also signed the same is a resident in the same place and as a credible person and that their statement is entitled to credit And I do further certify that the said applicant cannot from bodily infirmity attend the Court.
Dated October 1 st 1832
John Reynolds a Judge of Cressy Common Pleas

Thereby acknowledged and sworn as such. And I do further certify that the foregoing signatures to the said deposition and certificate are the genuine signatures of the said Judge.
In Testimony whereof I have hereunto set my hand and affixed the Seal of said County (being my seal of Office) this Fourth day of October A.D. 1832
Eric P. Clark By O. M. Huson Clerk

16173
Daniel Hart Oswego county N.Y.
i. j.
sup o -
ad 8 months
A. Z. M c Carty Richland N.Y.

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 subjunctive notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will show 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, showing the Service of Daniel Hart, Oswego county N.Y.
   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.     Volunteer 1775 5 or 6 private Capt. Yates Col. Van Shaick Major Gatsvont to Albany then to 87 Tryon co. N.Y. tradition   1776 3 1/2 or 4 Capt. Bede Col. Thoreas St. Johns Gambler Montreal Saratoga then to Canada living with us as to two first tours named.   company to relieve P.T.T. or Spies 9 x Capt. Galtman Lieut. Bellington Gen. Herkimer Oriskany Johnstown Mayfield Sagadahoe Lake   Spy 1778 9 x Capt. Gosselman Lieut. Simmons  
I am, respectfully,
Your obedient servant,
J. L. EDWARDS, Commissioner of Pensions.
X as a spy informant was not always in the woods, but alternately as his turn came round.
Act of June 32 provides for military

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. B. 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 _____
_____ who has also signed the same is a resident in the _____ and that their statement is entitled to credit.
Clerk of the Court of _____
do hereby certify that the foregoing
_____ proceedings of the said Court, in the matter of the application of _____
In testimony whereof, I have hereunto set my hand and seal of office, this _____ day of _____ &c.
_____ has been found in his papers. This is the original discharge or commission of the said applicant, the party with an attested copy, and will then produce, if required, a certificate from the War Department, in proof of his personal knowledge of the services of the applicant, as may have a tendency to throw light upon the matters in his declaration (f) and he will
_____ in which all the material facts, which can be useful to the applicant, will be stated, with the events of the period of his service, and 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, deposes 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 oath 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 [e] to [j] 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.
The objections noted particularly this } - are corrected. See deposition returned -
As to the service as an Indian spy, on which makes no mention on the first page of the declaration the claimant has been in his [illegible] [illegible]

were called into service - It is supposed that it sufficiently appears that they were called into service by the authority of the State of New York.
* The magistrate who swore the witness to the deposition first sent was not acquainted with the witness and could not certify as to his credibility - as he lived more than 60 miles from them - A new deposition has been made by the witness before a justice in the town where he resides, and who was acquainted with him (and which is now sent -

Rev. bran
13293 INVALID.
File No. 13, 293
Daniel Hart Priv Boer War
Act: June 7 th 1832
Index:—Vol. 1 , Page 84
[Arrangement of 1870.]

Act. 7. June 1832
New York
Daniel Hart
Suspended
Letter to
H. G. McCarty
4. Feby. 1834
Adm d

State of New York 3
Madison County ss Personally came before me the undersigned a justice of the Peace of the said County of Madison: Michael Kern of the Town of Plummer in said County: who being by me duly sworn doth depose and say; That he is acquainted with Daniel Hart of the Town of Sandy Creek in the County of Oneida & State of New York and that he was acquainted with the said Hart in the Year 1775. That in the month of July (but the precise day not recollected) in the Year 1775 the said Hart enlisted in the service in the Company of Captain Christopher B Yates in the Regiment of Col Van Schaick. in which Peter Gansevoort was Major. That he enlisted in the Town of Palatine in the County then called Tryon County now Montgomery County New York -
That he (this deponent) enlisted into the same Company and at the same time and served with the said Hart during the time for which they enlisted, and which expired Jan'y 1 st 1776: that they served as much as five months & a half at this enlistment
That they served in what was called the Second Battalion of Yorkers (New York Troops). That they were with Genl Montgomery and went with him as far as Montreal. when on his expedition against Quebec - That they were in the battle at Champlain when the Fort was taken: and also in the Battle at St Johns - That after the expiration of this term of service they (this deponent & the said Hart) again enlisted in the Connecticut troops at Montreal in Jan'y 1776. in the Company of Capt Beebe in the Regiment of Col Clmore and served therein as much as three and a half months: and that in the spring of the Year 1776 and during the last service they marched back from Montreal to Albany and were there discharged That during all this term of service they were in garrison at Montreal or on their march

I hereby certify that I am well acquainted with Michael Kern who has signed & made oath to the preceding deposition - and that he is a man of truth and veracity: and that his statement is entitled to full credence - Given under my hand July 9th 1833
Stephen Chapman Justice of the Peace
State of New York } ss. } County of Madison } I, Andrew S. Sloan Clerk of the said County do certify that Stephen Chapman before whom the above affidavit purports to have been sworn and also whose name appears to the above certificate was at the date of the same one of the Justices of the Peace in and for the said county, and that I am acquainted with his hand writing, and readily believe his name subscribed to the said affidavit and certificate to be his proper hand writing and signature Witness my hand & seal of office this 10th day of July 1833 -
A. S. Sloan. Clerk E. Barnard. Dist. Clk

Personally appeared before me the undersigned a Justice of the Peace of the County of Oswego in the State of New York. Daniel Hart of the Town of Sandy Creek in said County of Oswego who being duly sworn deponeth 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 period mentioned below: and in the following grades;
For Five months and two weeks. I served as a private in the Company of Capt Yates in the Regiment of Col Van Rensselaer. - The dates I cannot state precisely: only that the service was rendered from about the middle of July 1775 to Jan'y 1. 1776 -
For Three months and a half. I served as a private in the Company of Capt Berbe in Col Elmore's Regiment of Connecticut State troops - from Jan'y 1 st - 1776
For Nine months. I served as a private in the Company of Capt Setchell. - one quarter of the time: - This service was rendered in a Company of Ranges, raised as I understood by the State of New York, and paid by the State: for the purpose of acting as Indian spies on the frontier. That while on duty (which was one quarter of the time) he was constantly in the woods and traversing the country and during the time, were called out to go with Genl Harkness to relieve Fort Schuyler and during the time they were out had the battle with the British and Indians, usually called the Oriskany battle at which Genl Harkness was killed. This service was in the Year 1777 -
For Nine months in the year 1778. I served as a Range one quarter of the time - the same as above stated in relation to the service in the Year 1777 - This service was under Capt John O'Flaherty
I am unable to state positively by what authority the corps, called the "Rangers" were organized: but he

always understood that it was by the State of New York - they were regularly officered and called out by the Colonel of the Regiment - whose name was Hlock - Whether they were "organized & commanded by competent authority" I cannot determine; but am positive that they were called out by some authority as it was not a voluntary arming & turning out of a neighborhood for the purpose of self defense in cases of alarm or emergency - but service regularly performed at stated periods and in pursuance of orders. - "and for such service I claim a pension. _____ I further depose and swear that proof of my service as an Indian spy cannot be had as I know of no person living with whom I served or who is knowing to my service at those times:
Sworn to & Subscribed before me this 17 th day of June 1833 subscribed by me his mark Hiram Hubbell, J. P.
Daniel K. Hart mark
State of New York Oswego County Clerk's office ss;
I Erie Poor Clerk of the said County do hereby certify that Hiram Hubbell Esq r before whom the foregoing Affidavit purports to have been sworn was at the date of the same one of the Justices of the peace in and for the said County of Oswego; And that I am acquainted with his hand writing; and verily believe his name subscribed to the said Affidavit to be his proper hand writing and signature Witness my hand and Seal of office this 20 th day of June A.D. 1833
Erie Poor Clerk By D. K. Hlock Deputy
Daniel Hart Deposition