Revolutionary War Pension and Bounty Land Warrant Application File R. 34, Charles De Kay, Va. Sea Service
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(3-1776)
SERVICE
Va. Sea Service
De Kay, Charles
NUMBER
R. 34
CONTENTS
Va. Half Pay.
See Acc. No. 837- Virginia State Navy
Charles DeKay, FS File
Va. Half Pay
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John De Kay
Vernon, N.J.
Sept. 10, '58
Concerning the Claim
of Capt. Chal. De Kay -
Respectfully referred to
the Cant of Pensions
Moses Kelly
Dept. X.O.
Sept 13 / 58
Ree'd 13 Sep. '58
Mr. Rhett
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Vernon Sussex County New Jersey Jacob Thompson Esq, is the commission office ready to issue to the Heirs at law of Capt Charles DeKay descent who was a sailing master in the state Navy of Virginia, a sergt aur for servises rendered during the revelutionary war, For 3 or 4 thousand  acres of land if so please inform me what is nessissary that it may have the script issued and directed to me by your Honor Francis DeKay, my father, and Christian Scotty, my father's sister one dying without issue assigned their rights to me which gives me the quarter shair as all the neffews and neases are dead
I am total heir in due him for said service in cash over seven Thousand Dollars
is their anyone capable and honest enough in your cassinion that you can recommend so a suitable person to present the money clame for me pleas inform me and if this or my amount is one the said De Kay in cash from the government or the State of Virginia and if I can collect it and abliese
John DeKay
September 10
188h
return answer in rasser signed
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Know all men by these prescuts that Thomas B DeKay of Vernon Sussex County and state of New Jersey, Administration of Charles DeKay deceased do hereby constitute, appoint, empower and authorize Thomas C M Ewen of Newark, Orange County and state of New York my true and lawful assets and attorney for me and in my name and stead to receive from the United States Government Treasurer or State Offices all my rights as Administrator and as one of the legal heirs and for the legal heirs in all and in any manner of claim for commutation pay that may be due one as administrator and for the legal heirs of Charles DeKay deceased in the Navy of the state of Virginia in the war of the Revolution who was promised the said commutation pay in Lieu of half pay for life. and who died at Newark Exsex County and state of New Jersey leaving the same and some
Witness my hand and seal this 23rd day of June. A.D. 1855. Thomas B DeKay Administrater
Signed and sealed
in the presence of
Wm H Hoyt, Justice of the Peace
John Corvekey
State of New York
Orange County
On this 23rd day of June AD 1855 before me the subscribes a Justice of the Peace in and for the county aforesaid personally appeared Thomas B. DeKay and acknowledged the foregoing Power of Attorney to be his act and deeds for the purposes therein mentioned- In testimony whereof I hereunto set my hand the day and year aforesaid. Wm H Hoyt
Justice of the Peace
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State of New York.
Orange County Clerk's Office.
SS: I, Nathan Westcott, Clerk of the County of Orange, do hereby certify that Wm H Hoyt whose name is subscribed to the certificate of the proof or acknowledgement of the annexed instrument, and thereon written, was, at the time of taking such proof or acknowledgement, a Justice of the Peace, dwelling in said county, elected and sworn duly authorized to take the same. And further, that I am well acquainted with the handwriting of such Justice, and verily believe that the signature to the said certificate of proof or acknowledgement is genuine; and that said instrument is executed and acknowledged or proved according to the laws of this State.
In testimony whereof, I have hereunto set my hand and affixed the seal of the sru- County, the Fiveto day of August 1855
N Westcott Clerk.
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Certificate. Charles DeKay,
Deed- Act of July 1832 -
April 28. 1842

Recorded in Vol 43
Page 141
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Pension Office
April 28th, 1842
Sir
It is hereby certified that the claim of the administrator of the late Charles Dekay, has been examined; that he served as Sailing Master in the Virginia State Navy to the end of the revolutionary war and died in the summer or fall of 1829. That the claim is embraced by the act of the 5th of July 1832, entitled "An act to provide for liquidating and paying certain claims of the State of Virginia," and that the claim should be paid at the rate of One Hundred and fifty two dollars and eight cents per annum, from the twenty second of April seventeen hundred and eighty three, when the war terminated, to the first of August eighteen hundred and twenty nine, on or after which day he died. Payment in the case to be made to the Honorable John Taliaferro, attorney of Thomas Hord, of Virgina, administrator of Charles Dekay, deceased.
Commissioner of Pensions,
Approved
Secretary of War.
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[stricken out] ACT OF FEBRUARY 14, 1871
WAR OF 1812[end strikeout]
3090
Heirs of Charles DeKay
Capt
Va. Navy
Revolution
Discharged ___, 18  .
3090
Admitted
Half Pay - Act - '32
Received ___, 187  
___
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War Department Tuesd. Morning
Dear Sir,
I am here this morning according to the appointment, as soon as the Secret: comes in, I shall request him to speak for you - of course you will bring the papers in DeKay's case & the Birsens a Acts which related to it - yrs truly
J. Taliaferro
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J.L. Edwards esq-
Pension Office
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Pension Office
March 8th 1842
Sir
I have examined the papers in the case of Charles Dekay, dec who appears to have been a Sailing Master in the Virginia State Navy during the revolutionary war, and I regret exceedingly that I have not been able to come to the conclusion which you have arrived at, that Dekay was a Sailing Master in the Virginia State Navy to the end of the war. Reuben Chandler, a witness in this case, swears that Charles Dekay was an Officer in the Brig Musquito, that she sailed on a cruize in 1777, but what happened to that vessel afterwards he does not know except from information derived from others.
Moses Stanley swears that Dekay was a Sailing Master on board of the Musquito; that he belonged to that vessel; that sometime during revolutionary war, year not recollected, the Musquito sailed for the West Indies, and put into Point Peter; that she sailed from there on a cruize, and was taken by a British Man of War,
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carried to England, and in Fortune Prison he sene deponent and all the crew were confined. He does not say any thing particularly of Dekay, after the vessel went on her first cruize. This is the substance of Stanley's testimony given in the case of George Catlett, dec.d.
William Mitchell testified that in February 1777 he entered on board of the Brig Musquito; says that Charles Dekay was Sailing Master on board of that vessel; that she sailed from Norfolk on a cruize in the Spring of that year; that she put into Point Peter; that she sailed thence on another cruize, when she was taken, that the vessel and crew were carried into Barbados; remained there seven months and fifteen days, and then the crew were sent to England and confined in Fortune Prison. After remaining in that Prison thirty two months, he with fifteen other prisioners escaped from confinement, and returned to the U. States. He says that he escaped in January 1779, and then left Dekay a prisoner with other Officers, and he understood that they remained in confinement till the end of the war. This evidence is the most minute, and if Mitchell was a man of good character and sound memory, this testimony is certainly entitled to credit.
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William Moore, now deceased, who made an affidavit in his own behalf in 1835, also swears that Dekay was a Sailing Master in 1776 or 1777 on board of the Musquito; that he the affiant was taken prisoner. This is the substance of his testimony so far as it relates to Dekay.
The foregoing statements are not supported by the records of the Virginia State Navy. We find Dekay's name in two places, and in two only, and in neither entry does it appear that he was a Sailing Master. The Virginia Navy Journal states that Charles Dekay was appointed a Lieutenant in the State Navy on the 4th of April 1778, and on the 20 of May in 1778 he appeared before the Navy Board in person and refused to accept the appointment. We have extracts from the proceedings of the Board from the 8th of July 1776 to the 7th of April 1780, and it is believed from the certificate given by the Auditor at Richmond that those extracts contain lists of all the recommendations, appointments, and resignations of the Officers during that period. I do not know how to reconcile the evidence in this case with the Journal of the Navy Board, unless we suppose that Dekay was never legally appointed
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a Sailing master, and merely acted in that capacity, and that if he was on board of the Musquito when she was captured, the capture must have taken place after May 1778, and not in 1776 or 1777, as the witnesses allege. As it is a rule of this office not to admit any claim which is not fully sustained by the records, if we have records to refer to, I cannot allow this claim. For this reason I would not advise the parties who claim to incur any expense in proving heirship.
I have the honor to be,
Very respectfully,
Your obed. Ser.
J.L Edwards

Hon. John Taliafero
House of Representatives.
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Pension Office
April 11. 1842.
Commission of Pensions
Report in the case of
Charles Dekay Dec'

paper 13 in number
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Pension Office
April 11. 1842
Sir,
I have the honor to enclose herewith the papers in the case of Charles Dekay dec', who is alleged to have been a Sailing Master in the Virginia State Navy during the Revolution. His name is not on the records of the Navy Journal as Sailing Master, except in two places. It appears that on the 4th of April 1778 the Navy Board appointed him a Lieutenant in the Navy, and on the 20th of May of the same year he appeared before the Board, and refused to accept the appointment. Whether he was at that time recognized by the Board as a Sailing Master, I cannot say. It is alleged that he was a Sailing Master in the Brig Musquito, and was taken prisoner and carried to England, and confined there. Why he did not receive a certificate for the balance of his pay, as other officers did, does not appear. Nor is any reason assigned for the now appearance of his appointment as Sailing Master on
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the Navy journal. I do not feel satisfied with the proof. Until the question be decided as to his service, the party who claims need not be required to produce proof of heirship ye as the regulations require.
I have the honor to be
Very Respectfully
Your Obed. Ser.
J.L. Edwards

Hon. John C. Spencer
Secretary of War.
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Navy Department
October 20 1854
Sir:
The enclosed letter addressed to this department by D. M. Cowdrey, under date of the 13th irrat, making enquiries relative to the services of Charles DeKay in the Navy of Virginia during the Revolution and is respectfully referred to the commission of pensions for answer.
Very Respectfull
Your obed servt
J. C. Dobbin

L. P. Waldo Esq
Commission of Pensions
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Feb 22. 1842.

Copies of 
Affts as evidence
in the case of
DeKay
Sec letter 8 March 1842 to Hon.
J. Taliaferro
paper handed to N.S.T.
cye. 6:42

Treasury Department
This Auditor's Office
James L. Edwards Esq
Commission of Pensions
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FREE

Hon. J. Mindt
Commissioner of Pensions
Washington
D.C

Ans.d Aug 29 / 55
M
Geddes
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Navy Department,
OFFICIAL BUSINESS,
Chief Clerk.
L. P Waldo Esq
Commi. of Pensions
Geddes
DeKay
Answered 23o Oct. 1854
Sir. John De Kay Sept. 20 / 58
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feb 17. 1842
By a Messenger
who will await
an answer to
this note -
J:T:

Com
J: L: Edwards esq
Pension Office

Hn. J. Taliaferro
HR
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Washington 17th of Feby. 1842
My dear Sir,
The bearer of this calls for your decision on the claim of Charles Dekay, which, if you have found time to prepare since I saw you this morning, I will be much obliged by receiving now - an am, dear Sir, yours very respectfully and truly
John Taliaferro

J: L: Edwards esq
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Warrick. Orange Co. NY. Aug 20/55
To the Commissioner of Pensions of the U.S.
Dear Sir
I am in receipt of a copy of a letter from the Commissioner of Pensions of the date of October 28/54 in answer to a letter from D. M. Cowdrey Esq, relative to the claims of the heirs of Charles DeKay deceased for services in the Navy of Virginia during the revolutionary war, from which it appears that the sum of $1,034. 70/100 has been paid to one Robert Hord, from your department on account of such services.
I beg to state to your department, that the said Hord had no authority from the heirs of the said Charles DeKay to collect the said claim, except from one Julia D. Kimball, who was a distant relative from Com. Dekay.
Thomas B. Dekay of Sussex Co N.J. has taken letters of administration upon the estate of the said Charles Dekay which are herewith enclosed, and has executed to me a power of Atty. also herewith sent to protest the said claim on behalf of the Estate of the said deceased.
Mrs. Kimball would probably be entitled to about one thirtieth part of the claim, and as to her interest I presume that Mr. Hord had authority to act; further that that, I claim that he had no authority. If any one claims the lands to which he Carles Dekay was entitled from the State of Virginia, for such services, I hereby protest on behalf of said administration, against any and all such claims.
Respectfully Yours
Thomas C. McEwen
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State of New Jersey
Essex County
J. William K Mc.Donald a surrogate of the county of Essex do certify that on the thirty first day of May in the year of our Lord one thousand and Eight hundred and fifty four Administration of all and singular the goods and chattels, rights and credits which were of Charles DeKay late of the County of Essex who died intestate was granted by me to Thomas B De Kay of the County of Sussex who is duly authorized to administer the same agreeably to law
Witness my hand and seal of office the thirty first day of May in the year of our Lord one thousand and Eight hundred and fifty four.
Mull Warwhilf Garrvjall