PENSION: Diel (aka Teal) Rockefeller; Germantown, Columbia co., NY Submitted by Donald E. Lampson, May 4, 2001, dlampson @ earthlink.net ************************************************************************ USGENWEB ARCHIVES(tm) NOTICE: All documents placed in the USGenWeb Archives remain the property of the contributors, who retain publication rights in accordance with US Copyright Laws and Regulations. In keeping with our policy of providing free information on the Internet, these documents may be used by anyone for their personal research. They may be used by non-commercial entities so long as all notices and submitter information is included. These electronic pages may NOT be reproduced in any format for profit. Any other use, including copying files to other sites, requires permission from the contributors PRIOR to uploading to the other sites. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. http://www.usgwarchives.net/ *********************************************************************** (NOTE: This file was an extraordinary attempt by the attorney for Capt. Rockefeller's widow to reconstruct Rockefeller's service over sixty years after the events. While some of his conclusions are wrong because of the limited nature of his sources, it still is an amazing piece of work.) (Dec. 4, 1838 affidavit of Adam Clum - Extremely difficult to read) "State of New York County of Columbia Adam Clum being duly sworn says that during the greater part of the Revolutionary War this deponent was a soldier in the Regiment of Peter R. Livingston in the Company of Capt. Diel Rockefeller, that deponent is now eighty three years of age --- --- --- that in the spring or summer of 1776 said regiment was ordered to the north --- as far as Albany, & --- --- Captain Rockefeller was out in service at that time in command of said Company two weeks & they were dismissed. That again in August of 1777 this deponent was to Fort Edward in service in said company --- Capt. Diel Rockefeller --- --- commanded --- ---, in service at --- full six weeks before they had returned home & then immediately after returning about the first of September they were ordered out again to oppose Burgoyne & were in service until after the surrender of Burgoyne at Saratoga , that the said Capt. Rockefeller being in command of said company all this time as Captain thereof for at least six weeks more making three months in the year 1777. That again in 1780 he thinks Deponent was --- at (Baltown?) in the fall of the year in service in said Company & again Capt. Rockefeller had command of said Company there in service for six weeks after Indians(?), & being during October & part of November. Again after this in the year 1781 or 82 Deponent who had become a member of Capt. Philip Smith's company in said Regiment was --- to Stillwater in service for four weeks or more, & he recollects that Capt. Rockefeller was there at the same time with his Company in service --- during all said time at --- four weeks out. Deponent further says that the said Capt. Rockefeller was --- --- --- --- --- & performed as much or more services as any other officer in said Regiment. & Deponent is unable swear to particulars in any other services. Deponent thinks that another tour of services was performed at the north not above specified or, in other words that they were out at the north three times after the taking of Burgoyne, but would not swear positively. But he feels positive of all the services above specified. /s/ Adam Clum Sworn this 4th day of December AD. 1838 before me /s/ J. W. Fairfield Commissioner of Deeds I certify that I am acquainted with George Denneger & Adam Clum who have subscribed & sworn to the above --- --- affidavit & that both are respectable men & their statements are entitled to credit. /s/ J. W. Fairfield Commissioner of Deeds _____________________________________________________________ (Affidavit of George Denegar of Dec. 17, 1838) State Of New York County of Columbia SS. George Deneger being duly sworn says that he now is eighty one years of age, resides in Claremont in Columbia County. That he was a soldier of the Revolution. That during the first part of the war was absent from home on services. That Capt. Diel Rockefeller or Teal Rockefeller was a Captain in Peter Livingston's Regiment & was almost constantly is service. That in the year 1776 as he thinks Capt. Diel Rockefeller was directed to take command of a Company of drafted men who went to Schoharie in service there at Middle Fort all Summer and first of the Fall. Deponent recollects that said Rockefeller went away on said services in the first part of May & did not return until the Fall. He feels that (-?- ?-) that Said Rockefeller served at this time four or five months, at least four months. - This deponent served these months that season. He said Rockefeller went away before deponent & returned After deponent did. And deponent further says that in the year 1777 said Diel Rockefeller was out in service with his Company at Fort Edward. Said Rockefeller went to Fort Edward in (summer?) & before deponent went to Fort Montgomery - Fort Montgomery was taken on the 6th of October of that year & deponent came home after the surrender of Burgoyne. Capt. Rockefeller came home from Saratoga - & deponent feels (-?- ? -?-) that said Rockefeller performed at this time at Fort Edward & on (-?-?-)at the taking of Burgoyne full three months or more - - Deponent further says that in the year 1779 or 80 said Rockefeller went with his company to (Ballstown?) & Saratoga, in the fall of the year, (-?-) weeks at that time - thinks that was in 1780 as it was after this deponents return from General Graham's expedition against the Indians Deponent further says that said Capt. Rockefeller had command of the Guard of the Town of Germantown then called "East Camp" & was almost constantly on duty at home at (-?-) but he cannot say how long (eight illegible words). /s/ George Deneger Subscribed & sworn Dec. 17th 1838. J. W. Fairfield Commissioner of Deeds (NOTE: Deneger was serving at Ft. Montgomery to the south rather than to the north against Burgoyne because he had joined one of the Regiments of the Continental Line in May 1777. It would appear from his affidavit that he previously served in the 10th Albany Militia Regiment.) ________________________________________________ (1838 affidavit of Adam Ryfenburg) Columbia County} ss., Adam Ryfenburg being duly sworn says that he is now 86 years of age, that he was a soldier of the Revolutionary War and was acquainted with Captain Teal Rockefeller during said war. Said Rockefeller was a Captain in the Regiment of Col. Peter R. Livingston. This deponent further says he was also acquainted with Elizabeth Salpaugh who is the widow of said Teal Rockefeller. That deponent was present when the said Rockefeller & the said Elizabeth Salpaugh were married, as he thinks, by the Reverend Mr. (-?-), a Clergyman. The marriage took place in the year seventeen hundred & eighty five , & in the month of January or February, but can't say positively to which month. or the day (-?-). And this deponent further says that he knows the said Elizabeth Rockefeller who has made oath to forgoing declaration to be the identical widow of said Teal Rockefeller who was Captain in said Peter R. Livingston's Regiment. That said Teal Rockefeller died about the year eighteen hundred & eleven, and that the said Elizabeth had lived a widow since. This deponent further says that deponent & his wife attended the above named marriage, but they neither of them can say what day of the month , or whether it was January or February. his Adam + Ryfenburg mark In the presence of J. W. Fairfield Subscribed & sworn (-?-?-) 6th 1838 before me. Affirm. Paul Justin (Certification by Paul Justin that Adam Ryphenburg "appeared to me to be a sensible person" omitted.) (NOTE: For Ryphenburg's service see his pension file. ___________________________________________________________ (May 17, 1841 affidavit as to a statement by Michael Yorker in 1820.) Michael Yorker is app 80 years old . Has not known where he was born & Lived in Livingston when the War broke out. (-?-) father (-?-) was Christopher. Said went as a Substitute for someone, but can't say for whom. Captain Rockefeller of the Camp = Saml. Ten Broeck was Major = went to Lake George. Above tours (-?-) in 1776. Was at the taking of Burgoyne under Capt. in 1777. Was after taking of Burgoyne was then during this summer (-?-) -- In 1778 went to Fishkill . Went as a volunteer. (NOTE: The Tour to Fishkill may have been when Diel Rockefeller & some of the men from the 10th Albany served in 1778 with Col. Robert Van Rensselaer's 8th Albany from neighboring Claverack. See: Field & Staff Payroll for that Regiment in the National Archives.) State of New York } County of Columbia}SS.: I Charles Esselstyne of the said County being sworn says that since the year 1820 I took down the above statement from Michael Yorker, which he at that time made to me then orally and the said statement has been in my possession since until within a few days (-?-) (-?-). Sworn to and Subscribed} Before me this 17th Day } /s/ Charles Esselstyne of May 1841. } /s/ M De La Mater , Justice of Peace (Certification of good character & being personally acquainted with affiant is omitted.) ____________________________________________________________ (Widow's attorney's letter of May 19, 1841 to Commissioner of Pensions) Hudson, New York, May 19, 1841 Sir, I have been applied to in the case of Mrs. Elizabeth Rockefeller, widow of Captain Diel Rockefeller. Mr. Fairfield, then former agent, has handed me your letter of July (?) 19th 1839, by which it appears Captain Diel Rockefeller served in 1777, 1779 & 1780 for 4 months & 7 days. It would also appear that there had been an allegation of other services, viz., a tour in 1778, but as Capt. Rockefeller made up his pay roll for time prior & subsequent to that year, it is presumable that if he had served in 1778, he would have included that also. If therefor he performed services more than what the roll contains in those years, they were probably performed before the year 1777. The enclosed memorandum affords an information that such was the fact. Michael York with a view to obtain a pension for himself stated, to Wm. (?) several years ago that he served 9 months in 1776 under Captain Rockefeller of the Camp, what & now called the Camp is now the Town of Germantown of Germantown, Columbia County of N. York, and at the time of the Revolution belonged to the Manor Regiment under Colonel Peter R. & Henry Livingston. I have (-?-) requested to render my assistance this matter., (-?-) endeavored to find some person who served in that expedition. I find that there were men drafted in 1776 to go to Fishkill , which is south of this on the Hudson River , & I also find that men were drafted to go northward to Ft. Edward & Lake George. This evidence I find in the minutes of the Manor Committee of which Colonel Peter R. Livingston was president the greater part of that year. If you have the pay rolls of those services in 1776 you will be able very easily to come at the truth of the matter. (NOTE: Various records indicate that it was men under other Captains who went to Fishkill in 1776, to build barracks there. I have found no indication that a Company under Capt. Rockefeller went there. However, because of the fragmentary nature of the surviving information such a tour at some time cannot be ruled out. It appears to be more likely that some men from Rockefeller's Co. served with others under other Captains under other officers building the barracks at Fishkill.) In addition to the enclosed (-?-) I propose the following examination. Viz., an examination of the statements of several of those who belong to Capt. Rockefeller's Company and who in their lifetime obtained their pensions under the act of 7th June 1832. First John Saulpaugh. (Salpaugh) He obtained $39.40 per annum & his widow recently obtained $39. 45 under act of 7th June 1838. Second. Peter Shaw, he obtained $57 per annum. He was out for 3 months for his services in 1776 & you allowed his widow for 3 months for his services in 1776. He was drafted, I think. Michael Blass (Fifer). He in his lifetime & when he pension lived in Ulster County New York. His Widow is still alive. Also William Snyder's statement Philip Ringsdorf's David Potts' Henry Shultis' & Adam Clum's , John Ostrander of Rensslear County. Michael York (Yorker) I think did not make any application because he could find no evidence of his services. He is dead now. Henry Shultis, above named, did make an application & I think did not obtain a pension & has not yet succeeded. The above searches will not be laborious I think, & it will require an enquiring (sic.) simply whether Captain Diel Rockefeller served prior to the year 1777. Your early attention in this is requested with as little delay as possible. Very respectfully yours, Wheeler H. Clarke Hon. J. L. Edwards _____________________________________________________________ (Aug. 4, 1841 affidavit of Henry Dick in D. Rockefeller pension File) "State of New York} } Ss. Columbia County } I Henry Dick of Germantown in the County of Columbia aforesaid, aged Eighty one years, being duly sworn say I am a Revolutionary Pensioner of above named State under the Act of --- June 1832. I performed all the Revolutionary Services with and under Captain Diel Rockefeller that I performed in the War of the Revolution according to my present recollection. In the year 1777 I was out under Captain Diel Rockefeller several times for short periods of times after Tories. Only a part of the Company was out at times. Besides the times I was out after Tories in that year I was up to Saratoga when Burgoyne came down in Captain Diel Rockefeller's Company. Was up twice. The first was before harvest & came home to harvest and then went back & came home in October after Burgoyne's surrender. The second time I went up was gone a little over a month. I can't tell how long I was gone the first time. I knew John Saulpaugh, he obtained a pension & his widow also obtained a pension since his death. They lived in this Town. Said John Saulpaugh was in Captain Diel Rockefeller's Company. William Snyder was in said Rockefeller's Company; he draws a pension & is now alive. Also Phillip Ringsdorph drew a pension, now deceased, was in the Company. Also Michael Plass or Blass was in said company & is dead, died in Ulster County. Also Adam Clum was in said Company, was pensioned, is dead. /s/ Henry Dick Sworn to & subscribed before Me this 4th day of August, 1841. /s/ Wm. Overbagh, Justice of peace. I hereby certify that I have been acquainted with the within named Henry Dick twenty years at least, that he is a man of truth & veracity & entitled to credit. - August 4th, 1841 /s/ Wm. Overbagh, Justice (County Clerk's certification of August 10, 1841 that William Overbagh was a Justice of the Peace omitted.) ______________________________________________________ (Aug. 7, 1841 affidavit of William Snyder in D. Rockefeller pension file) State of New York} Columbia County } SS. I William Snyder of Germantown in the said County being sworn say I am a Revolutionary Pensioner of the United States under Act of 7th June 1832. I am 83 years old. In the War of the Revolution I served under Captain Diel Rockefeller. I was out of the County after tours many times in the War of the Revolution, & I remember at one time we took some tours to Rhinebeck in Dutchess County in this State & I do remember we were out at one time several days. I was the only Wm. Snyder in Capt. Diel Rockefeller's Company. In this service of the Revolution I was under said Rockefeller when Burgoyne was coming down & when he came down & returned home in October after Burgoyne's Surrender. I refer to my former Statement as containing , I believe a true statement of the facts therein contained. John Saulbaugh & Peter Shaver were my (-?-) . I went once to Fishkill under Captain Diel Rockefeller. Sworn & Subscribed before Me this 7th August 1841. Marked by said Wm. Snyder to me Known to be of good character & entitled to Credit. /s/ John Harvey, Justice of the Peace (Note: The tours to Rhinebeck in Dutchess County probably were during the Tory "disturbances" in May 1777. See, inter alia: Capt Rockefeller's fragmentary payroll in the Nat. Archives & The Memoirs of William Smith. Wm. Snyder is in that payroll for that period.) _____________________________________________________________ (Attorney's Aug. 12, 1841 application to inspect pension files) District of Columbia} }Ss.: City of Washington } Wheeler H. Clarke of Hudson, Columbia County & State of New York, being duly sworn, deposes that, as agent in the application of Elizabeth Rockefeller, widow of Captain Diel Rockefeller, he is desirous of seeing the following papers in the Pensions Office of persons heretofore pensioned for their Revolutionary Services. First he wishes to examine the papers of John Saulpaugh, Philip Ringsdorph & Zachariah Holsapple. I do expect to be able to show by such papers that these persons claimed & their said papers proved that they served under Diel Rockefeller & that said Capt. Diel Rockefeller served at least 4 ***** in 1777 in two tours , the second ending in October, and that they are in addition to the services mentioned **** the Certificate of the Comptroller of the State of New York. Second I wish to examine the papers of Adam Clum, Philip Michael Plass, Henry Shutts (Shults), Peter Shaver & David Potts. He expects to prove that said Diel Rockefeller was in service in 1776 by Michael Plass, Henry Shutts, Peter Shaver, David Potts, & he also expects to prove that said Adam Clum, Michael Plass, Henry Shutts (Shults?) & Peter Shaver served under said Rockefeller in 1777 about 3 1/2 months. /s/ Wheeler H. Clarke Sworn to & subscribed before me This 12th day of August 1841. /s/(signature illegible) _____________________________________________________________ (Widow's attorney's letter of Sept. 7, 1841) Hudson New York Sept. , 1841. Sir. I propose in this comment to restate more fully than heretofore the evidence in this case of Widow Elizabeth Rockefeller, widow of the late Captain Diel Rockefeller, an applicant under act of 7th July 1838. The Claim embraces the following services in the year 1776. 2 weeks in the Spring of 1776 & two months in the fall of 1776, making for the services of 1776, 2 & 1/2 months which heretofore have been allowed to other claimants & probably will be allowed in this == 2mon, 2 weeks. The above mentioned services is sustained by the following testimony, which is referred to in a deposition files among Wm. Rockefeller's papers in August last. (These must be papers submitted by a William Rockefeller to the Pension Bureau in 1840. He was neither Lt. Wm. Rockefeller of Germantown nor the other Wm. Rockefeller of Livingston Manor who also served in the Regiment. Both had died a number of years previously. I can find no William Rockefeller pension file in the National Archives. Perhaps an application was submitted, but I can find no such file. - D. E. Lampson.) First. Philip Ringsdoorph in his application state that he served under said Rockefeller one time in 1776 2 weeks, also one other time in 1776 two months - Captain Leonard Ten Broeck of the same regiment as witness for said Ringsdordoorph says he recollects this service in 1776 of Ringsdoorph and under said Rockefeller & Major Samuel Ten Broeck also coborate by his deposition this same service in 1776. Adam Clum in his application alleges services in one of the times in 1776, to wit, 2 weeks in the Spring of 1776 under said Rockefeller. John Saulbaugh in his application states , in his application, that in the 1776 he was out in this Spring under said Rockefeller 2 weeks. Said Saulbaugh also states that he was also under said Rockefeller one other tour in 1776 of six weeks. Wm. Snyder the witness of said Saulbaugh ********* by his oath of the fact. He states that both of these services in 1776. By this mass of testimony it appears by & different analyses that said Diel Rockefeller was in the command or his Company in actual service 2 weeks in one of the tours he performed in 1776 & as his witnesses say in the spring of 1776. As they may be mistaken as to the fact of service, as to the length, they also agree in stating it as 2 weeks, if they are not correct in this firm assertion of 2 weeks, is it most remarkable that they all fix upon that amount of time, 3 of whom is making that estimate has no knowledge of the estimate others has put upon it. The evidence to support the other tour in 1776 performed by said Diel Rockefeller is Philip Ringsdorph, Captain Ten Broeck, John Salsbaugh, & William Snyder. They all speak distinctly of two tours in 1776 performed under said Rockefeller. They Philip Ringsdorph, John Saulbaugh and William Snyder testify to it (-?-) in their own individual cases & all combine in stating 2 tours in 1776 without having known when testifying how others had or would testify in their own individual cases. The Commissioner is requested to examine these cases of William Snyder, John Saulpaugh, Philip Ringsdorph & Adam Clum, in reference to the two tours of service as performed by said Rockefeller in 1776. He will observe from the papers themselves in those cases that there was none & could have been no concert of action among those persons who testified in those cases. And yet they all coincide in the fact of two different tours of service in 1776 under the command of Capt. Diel Rockefeller. Then how long did Captain Diel Rockefeller serve in the second tour in 1776. Philip Ringsdoph & his witness Captain Leonard Ten Broeck say it was two months. John Saulpaugh & his witness William Snyder say it was six weeks. The Com(issoner) can allow in this application either 6 weeks or 2 months as he may judge. The most correct will be six weeks. These two tours of 1776 have been allowed by the Commissioner in the cases referred to. And recently on a reaffirmation of the evidence in the case of John Saulpaugh on the application of his widow, the Commissioner these 8 weeks service under Captain Diel Rockefeller without any deduction or question whatever. There then is allowable in this case Mrs. Rockefeller for the services of her husband Captain Diel Rockefeller in 1776 8 weeks or 2 months of which it appears by former decisions of the Commissioner as definite, and from the testimony it is correct beyond doubt. The admitted services in Wm. Rockefellers case (-?-) in 1776 - 2 Mo., 00 days In 1777, 16 days - 0 Mo., 16 days After the year 1777 - 3 Mo., 21 days Making in all undisputed & admitted services - - - - - - - - 6 Mo., 07 days The 16 days services performed in 1777 are as follows. 4 days from May 5th to 9th, officers and 10 men out, 8 days from May 10th to 18th 1777, officers and 50 others out, 4 days from Sept. 15th to 19 th 1777, officers & 17 men out, 16 days. See the Comptroller of the State certificate. The Applicants claim that in addition to these 16 days her said husband performed two other tours in 1777., in opposing Burgoyne. One commencing the first of June & ending sometime in August 1777, say 2 months. The other commencing say the 20th of September & ending about the 28th October 1777, say one month. (NOTE by Transcriber: The attorney is wrong on one point. The pay period of Sept 15th to Sept 19th 1777 in the fragmentary Rockefeller Payroll sent to the National Archives by the NY Comptroller is the march from Germantown to the American Army at Bemis Heights of 21 men with Capt. Rockefeller. This march was on a State Payroll because the march to join the Continental Army was a State obligation. The Continental Army had authorized Continental pay for Militia with the Continental Army facing Burgoyne once they joined the Army, plus the return home, but not for the march to join the Army. Unfortunately the records of Continental Army facing Burgoyne were lost in a fire In Washington D. C. Various Pension files indicate that they served until after Burgoyne's Surrender. Since Capt. Rockefeller started north before receipt of the order of Governor Clinton for all the Militia to join Gen. Gates' Army, it probably was under an order of Gen. Abraham Ten Broeck, commander of the Albany County Militia. See: Public Papers of George Clinton and Sabine, Memoirs of William Smith. While the Rockefeller Payroll indicates 5 calendar days it only claims 4 days of service. This indicates that they joined Gates' Army before roll call on the morning of September 19th and switched to the payroll of the Continental Army. As a result they were present at the First Battle of Saratoga in the afternoon of that day, as well as at the Second Battle of Saratoga on October 7, 1777. They were discharged by Gen Gates after Burgoyne's Surrender on October 17, 1777 and the men started returning home on Oct. 22, 1777, various pension files and Sabine, Memoirs of William Smith, Vol. II, p. 241. ) These two tours are at times longer in length & dates from those 3 small tours of 4, 8 & 4 days as mentioned above. These (original?) tours of 4 & 8 days performed in May 1777, & which are in the certificates (NOTE: Neither the Pension Commissioner nor the Attorney were aware of the distinction between State Service and Continental Service. The certificates he refers to were for back pay for State Service, not service with the Continental Army. "In service of the State" was a payroll obligation of the State. Usually the Continental Congress by Resolves assumed the obligation for pay of the Militia while serving with the Continental Army The May tours had nothing to do with service with the Continental Army. In that case they assumed the pay obligation from joinder with the Continental Army & for the return home, but not the march to the Army. Somehow Rockefeller picked up on this and submitted a payroll for the 4 days marching to Bemis Heights in September 1777. However the May 1777 tours had nothing to do with service with the Continental Army. Various pension files and all the historical accounts indicate that these tours in May 1777 were as a result of the Tory disturbances in Claverack, Livingston Manor, and Dutchess County in May 1777. Other pension files do show that some other men from the Regiment did serve in the north with the Continental Army in May 1777.) cannot in the least possible way conflict with either his two tours, commencing in June 1777 or the one commencing the 20th September 1777. It is well known to the Commissioner that the services of the Militia of the Country started on their first Expedition north in the latter part of May or first of June 1777, & that some of them remained until after the Surrender of Burgoyne & returned home about the 28th of October 1, 777. While a part of those same militia returned home & afterwards & about the 20th of September 1777 went out the second time; & it cannot be pretended that those services of Diel Rockefeller contained in the Comptroller's certificate & performed from May 5th (-?-) 1777 with ten men, a mere corporal's guard & the other performed by him with 40 or 50 men from May 10th to 18th 1777 as the same services of said Rockefeller "before harvest" in 1777 when they went to Fort Edward. The third tour of guard services in the (-?-) Certificate of said Rockefeller in 1777 is 4 days!! From September 15th to 19th. -- 17 men !! -- Out ; Only 17 men . -- If this, can it be the services "After Harvest" 1777. The Certificates speak of ! ! (NOTE: Again, the service from Sept. 15 to Sept. 19, was the march to rejoin Gates Continental Army, not "guard" service.) This 44 days services with 17 men again existing with the Facts sworn to by the witnesses & with the circumstances which cannot lie. A part of the Militia sent home in August. Captain Diel Rockefeller went home with a part or all of his Company & while at home he & his officers performed these 4 days services in guarding the inhabitants or breaking some Tory Plot with 17 men. After the 19th of September 1777 Capt. Rockefeller & his Men returned to the Army near Saratoga & again returned home after the Surrender of Burgoyne & they got home about the 28th of October 1777 after an absence of one month in this Second northern tour in 1777. In answer to the enquiry why did not Captain Rockefeller enter these services on his payroll that purports to be a pay roll of his company from the year 1777 with the said 3 tours of 4, 8 & 4 days performed in 1777, which were added to his services performed after that period. Diel would say - The obvious answer to such an enquiry is this. (NOTE: Both the Commissioner and the widow's attorney missed the obvious, real answer: THE MILITIAMEN AT SARATOGA HAD BEEN PAID BY THE CONTINENTAL CONGRESS. The minutes of the Continental Congress reveal that despite both the Congress and the States running out of funds to pay the troops the Continental Congress specifically ordered that the men who were at Saratoga be paid from funds they had been carefully husbanding in the Treasury of the Continental Congress itself. Previously the soldiers serving with the Continental Army, including the Militia, had been paid by Continental Army Paymasters from requisitions on the State Treasuries. In addition, The Books of the Continental Commissioners of Account at Albany (in the National Archives) show the disbursement of that payment ordered by the Continental Congress to Jonathan Turnbull, Deputy Paymaster General for the Continental Army of the Northern Department (i.e. the Army facing Burgoyne). The actual payrolls were destroyed in a fire in Washington D. C. long before the Pension Acts of the 1830s. The only pay records in Washington that survived are in Pierce's Register, which was compiled after the War for back pay interest bearing Certificates from the United States for the men, including Militia, who had not been paid for Continental Service. Pierces Register covers only thr very last years of the War and does not include the men at Saragota. That is another indication that the had been paid by the Continental Army Deputy Paymaster General. The list of Certificates issued by NY State after the Revolution for the 10th Albany Militia Regiment show that Capt. Rockefeller had paid a number of the men in his Company out of his own pocket. That apparently provided him with an incentive to submit the pay of his men for the Sept. march back to Gates' Army while other Captains did not have the same incentive. - The original Certificate lists for this Regiment are in the National Archives. Transcripts of the same, an alphabetical order are on the GenWeb site for Columbia County.) You will see on examination of his pay roll that it purports to be a Pay Roll of his Company from the year 1777 to the year 1781, & not from the year 1776, and properly should not contain the services of the year 1777. All of the other Captains of this regiment of which Captain Diel Rockefeller & his Company belonged are in the same form yet they contain services of the year 1777 although it is known that every company in that regiment was up at the Capture of Burgoyne in 1777. (Emphasis supplied.) (NOTE: this statement is made in various other pension files by men in the 10th Albany Militia Regiment.) (Emphasis supplied.) The order for these Rolls to be made out may (-?-) in 1785, I think, certainly as late as 1781,the same Regiment made from the year 1777. And the reason the Pay Rolls were made out from 1777 were first, because the services which had been or done by the New York Committee of Safety had been either been paid prior to 1781 or because the State Government which was formed in 1778 was (-?-?-?-?-?-?-). If this was not so the law would have called upon the officers to make out Pay Rolls for all the Services performed by their companies during all the years of the War, from 1774 to the year 1781. These Companies furnished services in 1776 & 1777 & yet no direction is given to make out the services of those years. It may be objected that Captain Rockefeller did obtain pay at least for 16 days services in 1777 & if he performed more services than 16 days in 1777, why did he not get his whole pay for 1777 & an it is a paid in (-?-) Pay Roll. The answer is this that the State Committee had prior to 1781 made provision for and paid these two Northern Tours which were deducted by the State Committee to oppose the perils of the invasion of the state by Gen'l Burgoyne; having been adjusted it would not appear in the Pay Roll of Captain Rockefeller with those services he performed at a subsequent period of the War, & the same was the case (-?-?-?-) with the services as performed by Captain Rockefeller & his Company in 1776 & the same may be said of all the other Companies & (-?-) other regiments of the territory here, comprising Albany County. But the 3 small tours of said Rockefeller & his, or a part of, his Company 4, 8 & 4 days, that is from May 5th to 9th 1777 & from May 10th to 18th 1777 & from September 15th to 19th 1777 were services performed under the Command of the Commanding officers of the Regiment in guarding the Manor District of Livingston and taking care of its inhabitants in guarding the inhabitants and for these (-?-?-) services had been probably overlooked in former settlements. These are the most obvious reasons that occur at the moment. George Deninger you will see testifies among other things that Captain Rockefeller commanded a guard in Germantown. (NOTE: Rockefeller and his Company lived in Germantown.) William Snyder & Henry Dick both testify to these small tours of services. The only remaining matter which I shall examine is the Evidence of the several witnesses who testify to the services of Captain Rockefeller in his two northern tours in 1777, commencing with June first & ending in August 1777, the 2nd commencing 20th of September or about that time & ending about the 28th of October 1777. (NOTE: Again, Capt. Rockefeller & the men with him started back north on September 15, 1777. The balance of the Regiment - those not already in Service - were collected together around Sept. 20th to go north after receipt of Governor Clinton's order of Sept. 18th. See: Sabine, Memoirs of William Smith, Vol. II, pp. 206 - 213. Rockefeller had already marched.) William Snyder , Harry Dick, George Deneger, Captain Samuel Ten Broeck & Michael Blass or Plas all testify that Capt. Diel Rockefeller was (-?-) to the North both before & after harvest. And Henry Dick and William Snyder both testify that thease two northern tours are in addition to the 16 days guard services in the said 3 small tours. Witnesses, viz., said William Snyder, Henry Dick, Henry Shultis, Geo. Deninger, Captain Lenoard Ten Broeck & Michael Blass (Plass) & Major Samuel Ten Broeck testify that said Rockefeller (-?-?-) at the taking of Burgoyne & until after his surrender. And Adam Clum & Philip Ringsdorpf both state the same thing and state (-?-) , the one Philip Ringsdorpf that it way over month ending after the Surrender of Burgoyne. The other stating it to be 6 weeks ; both of this. Last witnesses were under Capt. Rockefeller. The last said two northern tours. It is remarked that some of these persons who allege service under Rockefeller in the northern tours of 1777 are not from among those who served any part of those small tours of 4, 8 & 4 days, viz., Adam Clum Henry Shultis & Michael Plass are not found. Henry Dick only served from May 10th to 18th 1777. They cannot confirm the tours with those which they were not engaged. Upon this mass of testimony & all relating to the services in the two northern tours in 1777 opposing Burgoyne; an event so important & so memorable, can there exist a reasonable doubt of Captain Diel Rockefeller having performed those Tours in addition to those small tours of 4, 8 & 4 days(-?-). Was he & his company at Saratoga on the 17th day of October 1777 when Burgoyne & his Army laid down their Arms & surrendered? Was he there with his Company in June & July & last of August? Was he & his Company there at all in 1777? If they were then those small tours of 4, 8 & 4 days the two from List ending may 19th 1777 & the last ending Sept 19th 1777 cannot possibly be the same as any part of the two Northern tours. The view taken by me for this Brief is compatible with the history of the services performed by the militia in 1777, ano. Again with all the evidence in this case all in all the cases herein referred to and which the law of Pensions has heretofore repeatedly decided. A different view & conclusion of this case would involve a positive violation of all the evidence & (-?-) in this case. Would decide that the services ending May 18th 1777 were the same services that commenced in June 1777 ending in August 1777. It would decide that a 4 day service ending Sept 19th 1777 was a months services ending October 28th 1777. It would decide that (affirmations?) containing two officers of that regiment had all sworn to a to a fact, viz., that Captain Diel Rockefeller performed about 3 months services in his two tours North on the Approach of Burgoyne & was at Saratoga when he surrendered on the 17th of Oct. 1777, which either they were all mistaken or they had sworn false. They all swear that Captain Diel Rockefeller was then commanding nearly all of them and the Commissioner has allowed the fact to be so in granting pensions to various individuals for the same services. But now because Capt. Diel Rockefeller thought in 1785 or 1781 to get pay for some unimportant services as his sum due (-?-) and (-?-) his neighbors in 1777 & put into his Pay Roll which he had been directed to make out for the year 1778, 1779 & 1780 -- the Commissioner thinks this of itself a sufficient answer to exclude all the other services which Captain Rockefeller & his Company performed besides in the memorable campaigns North to rout & oppose Burgoyne & his Army in 1777. (Note: Certificates were issued to those in the"Rockefeller Payroll" for "State Service" in 1777. The only period served by the oldest of the Rockefeller brothers, Simeon, was in May 1777 and a Certificate was issued to him for that period. See: the Certificate Lists for the Regiment in the National Archives and on the Columbia County NYGenWeb site. The Memoirs of William Smith, Vol. II, p. 233. places him at home on Oct. 12, 1777. He would have been a part of a small group left for home security, as Ordered by Governor Clinton in his order of Sept. 18th. Simeon Rockefeller was 47 years of age at the time. They probably left some of the oldest men home. Various pension files & the Rockefeller Payroll show that his son, Diel Jr., and all the other Rockefellers were in service against Burgoyne.) If any one or more of these small tours could be the n***, that is if either of the tours in May 1777 could be the first northern tour to Fort Edward in 1777, or if the 4 days ending 19th of Sept. 1777 could be the second northern tour ending after the surrender of Burgoyne, being the latter part of October 1777 are too early in the season & therefor out of the question entirely. That ending Sept. 19th 1777 4 days services only with 17 men was too short & ended a month too soon. Why, for in for 4 days the men could not have reached Saratoga & back, a distance each way of at least 80 miles. But the number of men engaged in services these 4 days , only 17 rank & file shows the nature of the services as of these f days campaign. It Was Guard Duty. This Comment has already occasioned grater than I intended, & I shall bring it abruptly to a close & conclude by specifying the length of service claimed. First the services of 1776. - 2 months Services on the pay roll of 1777 & subsequent - 4 months Carried forward Months 6.00 Mos. Amount of time brought forward 6.00 Then add them to that additional Services of 1777 according to the Testimony of William Snyder Henry Dick Henry Shultis George Dinnger(?) Captain Leonard Ten Broeck Philip Ringsdorph Adam Clum Major Samuel Ten Broeck Michael Plass All testify Capt. Rockefeller performed the services. 6 of whom were his soldiers. 5 of whom have in their own right obtained pensions for these Mos. same services - - - - - - - - - - - - - - - - - - - - - - say 3.00 Mos. 9.00 Also of these pensions the following did not serve in the tours on the Pay Roll of 4 days ending Sept 19th 1777, viz., Capt. Leonard Ten Brocke Major Samuel Ten Broeck Henry Dick Adam Clum Michael Plass George Dannegar (sp.?) & I believe Philip Ringsdorph It is believed that the applicant, after making the most liberal deductions is entitled to at least 8 months & a half mos. All of which is most respectfully Submitted. Hudson, N York /s/ Wheeler H. Clark To the Hon. J. S. Edwards Commissioner of Pensions _______________________________________________ (Attorneys Letter of Sept. 20, 1841) Sir, I enclose you the Certificate rec'd from you the 18th instant in Mrs. Rockefeller's case. There is manifestly a very palpable mistake in the filling of this Certificate. It describes claimant's husband as "Captain Diel Rockefeller who was a private". Diel Rockefeller was a Captain through the whole of the War of the Revolution. Besides it allows a pension of only $27.44 per annum. This cannot be the amount. Please correct the mistake & return this Certificate as convenient. The sum of $27.44 was probably for Jeremiah Burger, for whom I have made application under the Act of 7th of (-?-), 1832 & expected (-?-) to have heard from it. Very respectfully & Truly your Obb. Servant, Wheeler H. Clarke Honorable J. S. Edwards Commissioner, etc. _____________________________________________________________ (Transcribed by D. E. Lampson)