DELAWARE COUNTY. 221 Revolution at the first beat of the drum, and continued as an intrepid soldier and active officer, until near the time of dis- banding the army, in 1783. He participated in the toils and danger of the battle of Bunker' s-hill, and shared in the pri- vations and sufferings of his fellow-soldiers at Valley Forge. He escaped from the enemy by swimming the Hudson river, near New York, in December, 1777. The vigilance and ability of young Foote did not escape the observation of the commander-in-chief, from whom he received an appointment in the staff department, and finally left the army in the rank of major. His conduct during the war, won for him the badges of the order of Cincinnati, of which society he was an active member until his death ; and perhaps no event of the latter part of his life aff'orded him more pleasure, than on the 4th of July in each revolving year, joining this little band, the remnant of his Revolutionary compeers, in celebrating the independence which they contributed to achieve. At the close of the war. Major Foote had little left but his title and his friends ; of the former he was tenacious, and to the latter he was true. He commenced the dull round of his civil life by embarking in mercantile business, in Ulster county, in which he continued with varied success, until 1797; when, upon the organization of this county, he was appointed its clerk, and shortly afterward came to reside upon the spot where his remains are now deposited. Judge Foote was a member of Assembly several years, from the county of Ulster ; represented the old Middle District four years in the Senate of this State ; sat in the Council of Appointment with Grovenor Jay, and enjoyed his confidence. Upon the resignation of Judge Brett, in 1810, Mr. Foote was appointed to fill the vacancy of first judge of this county, and has ever since remained a distinguished member of the Com- mon Pleas bench. " Mr. Foote having been identified with party politics in 19*
