Jotham Bemus

Detail image (slightly cropped) of Captain Woodworth's orders to John Neilson regarding Jotham Bemus' unexplained absences from militia duty.

Saratoga National Historical Park (SARA #357-3)

Originally from Connecticut, and a French and Indian War (1754-63) veteran, Jotham Bemus (b.1738, d.1790) moved around 1760 to a small farmstead beneath a ridge north of Stillwater, NY—Bemus Heights. He and his first wife, Tryphena Moore, had three sons (Jotham Jr., William, and John) and one daughter (Sally) and operated a tavern—a combined hotel, restaurant, pub, and meeting place. The sons served in the American Army during the American War for Independence, either as Continental soldiers or, per state militia law, with local militia, in this case the 13^th Albany County Militia Regiment. That’s where the story gets complex.

Jotham Sr. was still of age for mandatory militia duty. Interestingly, the local company (4^th) was commanded by his neighbor and kinsman, Captain Ephraim Woodworth (Tryphena’s sister’s husband). Yet on February 25, 1777, Woodworth issued letters ordering neighbor John Neilson to collect two fines from Bemus, £10 and £20 respectively (2020 equivalent: $5000+), for two unexcused absences from recent militia call-outs. For both, Neilson was to confiscate and sell off some of Bemus’ property to pay the fines—and Neilson's expenses incurred in the process—returning any remainders to Bemus. Neilson was to hold Bemus in custody if Bemus was unable to pay. Neilson confiscated and sold one yoke (one pair) of oxen for the first offense. He confiscated two yokes for the second offense, but only had to sell one to cover the fine; he returned the second yoke and remainders from the sale to Bemus.

At the Battles of Saratoga, Bemus was out of the area: on board a prison ship in Kingston, NY, apparently on charges of disloyalty to the State.

The next few years, 1778-81, were for Bemus an ongoing series of dealings with the “Commissioners for Detecting and Defeating Conspiracies in the State of New York.” Various neighbors or local inhabitants leveled accusations of contact with and sympathy for the British. Charges were brought before the Board, which ordered Bemus be taken into custody. He was held in Albany for a time, then released on bail paid by fellow innkeepers or friends. He was brought before the Board to state his case; his accusers stated theirs. He was again released on bail, and with evidences of good behavior, eventually released but with local travel restrictions.

Even Bemus’ second wife, Hannah (maiden name unknown), was similarly accused in 1781. Her affiliation with another tavern keeper accused of communicating with and harboring British officers passing through his area, and Hannah’s refusal to answer questions, was enough for the Board to order that she be taken into custody.

Why the absences from militia duty? Why the string of conflicts with neighbors? Why the series of accusations? Many questions…few answers.