Revolutionary War Pension and Bounty Land Warrant Application File S. 28769, James Humphry, New York
Page 1

SERVICE NUMBER
New York Humphry, James S.28769
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let to Hon. Job Pierson July 14, 1834
paid at the Treasury under the
act of 6th April 1838
  to 3d
Sept 1834
aquitted
April 16th
1842
28814 New York
James Humphry
of Ontario in the State of New York
who was a Pr. Sgt. in the Company commanded
by Captain Telford of the Regt commanded
by Col. McCloughey in the N.Y. Ma.
line for 6 months private
14 do Sargeant
---
Inscribed on the Roll of New York
at the rate of 83 Dollars 33 Cents per annum
to commence on the 4th day of March, 1831.
_______________________________________________
Certificate of Pension issued the 28 day of June 1834 and sent Hon
Halsey Ho Be
Arrears to the 4th of Mar.                     $249.99
Semi-anl. allowance ending 4 Sep 34      41.66
                                                             $291.65
{Revolutionary Claim}
{Act June 7, 1832.}
Recorded by Jno Cromwell Clerk
Book E Vol. 4 Page 112
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State of New York ⎬ Personally appeared before me the undersigns
Ontario County a Justice of the Peace for said County James
Humphry who being duly sworn deposeth and saith that he served
during the Revolutionary war, the periods mentioned below, and in the
following grades
He enlisted on the 1st of April 1776 as orderly Sergant in Capt William Tillford
company in Col James McCloughys Regiment of New York Militia, resided at
this time at New Windsor then Ulster now Orange County in the State of New York, served in
said Gilford Company nine month at Fort Montgomery in Garrison, was discharge
Verbally on the 1st day of February 1777-
He served a drafted Militiaman three months in Capt. William Faulkens Company
of New York Militia in Col Coopers Regiment an orderly Sergant was drafted
on the 1st day of February 1777 and march immediates to the Jersey line, the
hind head quarters during this tour at Ramapo in the State of New Jersey
Washington army lay at this time across the Delaware in the State of Pensylvania
Cornwallis army was quarters at different places in New Jersey, some of them
near by Ramapo. The object of this company was to watch their movements, and
guard the Country against them-- our forces at Ramapo consisted of about 4 or 500
troops was discharged on the 1st day of May verbally and returned home-
3- On the 5th day of October 1777 was ordered out by the governor of the
State of New York in Capt. William Tillfords Company in Col James McClaugheys regiment
of New York Militia an orderly Sargent Marched to Fort Montgomery was taken prisoner by the evening on the 6th day of October of this year, the
day after he left home at the surrender of said Fort, was he a prisoner in the hands of the enemy, ten months, as mentioned in my Declaration hereunto
and he was taken by the enemy to New York City, and confined in the North Church
until the 28th day of this year, when he was removed from said church to the enemy prison ship, which lay in the Harbour of New York, was kept in
confinement on board said ship until about the 1 of April 1778, was then
removed to Livingston Suger home where he was kept confined until the 6th or 10th
of August of this year, when he was set at liberty by an arrangement between the
Commanders of our army and that of the enemy, during his imprisionment
he suffered much, through the severity of the weather. Short allowance &
4th On the 1st day of May 1779 He was ordered out by Governor Clinton, Governor of the
State of New York in Capt David Gorman Company in Col Peter Yates Regiment
of New York Militia served one month in garrison at Fort Edward, and Fort George
on the Northern frontier one week at Fort Edward and three weeks at Fort George
on the 1st day of October of this year he was again order as out by the Governer aforesaid
in the combat any regiment for and served one month.
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said Four at Fort Edward and one week at Fort George - That he noted
a verbal dischore for said services in May and October of this year
and returning home-- That he served with an embodied corps during all
his services above discribed called into service by competent authority
and for the time during the service was performed, he was not engaged
in any civil pursuit, and for such services he claims a pension-
Sworn to and subscribing before me
this 6th day of June 1833
James Humphey
Thomas
Smith
performed
A
Justice of the Peace of Ontario County
 M. Norton and James Brant resident of Phelps in the County
of Ontario and State of New York do hereby certify, that we
do reside in the same Town of the above James Humphry who
has subscribed and sworn to the above Deposition that we
believe him to be unable to attend a court of navy for the
purpose of making his Declaration, in consequence of old age
and Bodily infirmity - That said Humphrey resides about
eighteen miles from Canandaigua in the County seat for Ontario County
when said acts are his
Sworn to being subscribed before me
the day and year above within
Isaac M Norton
James Burnet
Thomas Smith a Justice
of the peace for Ontario County
I certify that the above witnesses are credible persons
Thomas Smith Justice
State of New York,
Ontario. 

County SS. ⎬ I, Charles Crane, Clerk of said County, do hereby certify
that Thomas Smith, whose name is subscribed to the foregoing
certificates, was, at the dates thereof, a Justice of the peace
in and for said county; and that I am well acquainted with
his hand writing and verily believe the said signatures to be
his proper act and deed
In testimony whereof, I have hereunto set my hand and seal of office,
this twenty-second day of June A.D. 1833.
Charles Crane
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(3-1776)
SERVICE 
NUMBER


Humpry, James S.28769

CONTENTS
Page 6

sent monther and of his remaining prisoner in the hands of
the enemy on oath before he was released that he is
nothing of his service, on the Northern frontier Except by report, but that
he has no doubt of his having served as he has stated, that he believe
him to be action of truth & undoubted veracity
Sworn to and subscribed this 17th day of November 1832 James McDowel
David McGill Judge of the County Courts
, Oliver Humphry
of Orton and State of New Bern in to the town of Pheps, in the County
and Charles Humphrey
residing in the Town County and State aforesaid
hereby certify that we are well acquainted with James Humphrey
who has subscribed and sworn to the above declaration, that we believe him to be Seventy seven years of
age, that he is reputed and believed in the neighborhood where he resides to have been a Soldier of the Revolu-
, and that ye concur in that opinion. That we also believe him to be a man of truth and undon
-
Sworn and subscribed the day and year aforesaid.
David McGill Judge of
Oliver Humphrey
the County Court
Charles Humphrey
And the said Judge does hereby declare his opinion, after
the investigate of the matter, and after putting the interrogaton
by the War Department that the above named
applicant, was a Revolutionary soldier and served as he states
and the said Judge further certifies that it appears to him
that James McDowel Oliver Humphing, and Charles
Humphry who have signed the preceeding certificates are
resident in the Town of Phelps County of Ontario and State of
New York, and are credible persons, and that their
Tenements are entitled to credit - And the said Judge further
certifies
that he is now and has been for a number of you
First, well acquainted with the above applicant, and has
always understood him to be a man of truth and veracity
and it is also his opinion, that the above applicant, owing
to old age and bodily infirmity, is not able to undergo the
fatigues of attending a court of record for the purpose of
making his Declaration
David McNeil Judge of
the County Court
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State of New York
Ontario County ss.
I, Charles Crane, Clerk of said county and
[torn seal attached] rk [clerk] of the Court of Common Pleas of said county,
hereby certify that David Mc Neil whose
name is subscribed to the several foregoing
certificates of Affidavit and Declaration was,
at the respective dates thereof, a Judge of said Court of Common Pleas; and that I am well acquainted with his hand writing,
and verily beleive the said signatures to be his proper act and deed.
In testimony whereof I have hereunto set my hand and affixed my seal of office, at Canandaigua, this twenty-third day of November A.D. 1832.
[signed] Charles Crane
[seal attached]
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State of New York
On this 19th day of December 1833 personly appoint
Cleta County Olive
according to Law on his oath deposeth and says the James
Humphry whose declaration is hereunto annexed is a brother of this
deponent. That he has known him from his youth-- that thering the
revolutionary war they both resided in the Town of New Minsethen Ulster,
now Orange County & State of New York - That on the 11th day of April
1776 He recollect well that the said same entered the company commanded
by Capt. William Tellford in Col James McClougheys Regiment of her
York Militia and that the said James was out during the whole sum
in said Company at Fort Montgomery. That during this summer this
deponent was not in the service with the said James, but frequently
saw him at Fort Montgomery. He also knows that he was an
Orderly Seargent in said Company during said Term. That this deponent
knows that the said James
served three months in the State of
New Jersy, as he was out with the said James in this Term of
and was a member of the same company and Regiment at the time vizat
William Tillford. Their services commence chering this Ten on the first
day of November 1776. This deponent further saith
That he was called on the Sixth day of October 1777 to guard
Fort Montgomer and that the said James Humphey also called
out at that time and were both at that the member of Capt
William Tillfords company, that this deponent on that day with a
detachment of men under Capt Rathbrek guarding the chain across the
Hudson river and that the said James was also in that day at the
Fort and is taken prisoner and remained a prisoner in the hands
of the enemy Ten months - remember well the time he the said James
Humphery returned home, after he was liberated-- thinks he returning home
in the month of August of this year 1778). This deponent further saith
that he knows the said James Humphey held an orderly Sergent Commission
and served as such, while a number of Capt William Tillfords Company
further this deponent saith that
scribed the day and year aforsaid
Oliver Humphry
before me
David Marel 
Judge of the County Court
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admd
14 mosengh
4 mo. pri
[horizontal line]
18 mo
[horizontal line]
$83:33
Est Halscy - 
D. McNeill
agent
Phelps, N.Y.
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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 subjoined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed, The notes and the regulations will shew 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
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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:
The Regular Troops.
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, mucicians 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
A. B. a resident (b) of
personally appeared (a) before
in the county of
and State, Territory or District
of
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)
served in the
(e) regiment of the
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.
of the Court of
do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of
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
hereby certify, that we are well acquainted with
and C. D. residing in (the same)
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 days 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
and that C. D., who has also signed the same is a resident in the
and is a credible person, and that their statement is entitled to credit.
I,
Clerk of the Court of
do hereby certify 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, this
day of
& c.
Every applicant will produce the best proof in his power. This is the original discharge or commission
; but if neither of these can be obtained, the party will so state under oath, and will then procure, if
possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services
of the applicant, and such circumstances connected therewith, as may have a tendency to throw light
upon the transaction.
If such surviving witness cannot be found, the applicant will so state in his declaration,(l) and he will
also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful
in the investigation of his claim, and in the comparison of his narrative with the events of the period of his
Page 12

3
alleged service, as they are known at the Department. 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.
Did you ever receive a discharge from the service, and if so, by whom was it giv-
{To a Soldier on, and what has become of it?
offcer. Did you ever receive a commission, and if so, by whom was it signed, and what
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.
requested to annex their opinions of the truth of the statement of the applicant.
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 traditionary 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
inquiry 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
The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will fol-
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.
The age of the claimant must invariably be mentioned.
The declarant must mention the period or periods of the war when he served.
Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the
cannot be entered 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, deposeth 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;---year----months, and
deserved For months and - days, I served as 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
The law makes the relinquishment indispensable.
The opinion of the Court is always required.
A The Clerk must give his certificate in every case.
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 pubtic
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.
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 oaths 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.
The notes from to are all equally applicable to the cases of Militia men, Volunteers and State Troops, The proof required by rule in
note applies to continental troops only.
┃ This tradionary evidence is indispensable in militia cases.
If a witness cannot be found, the declarant must state the fact.
The answers to the interrogatories must all be written, and sent to the War Department, with the declaration
Page 13

O. W. & N. Division.
Department of the Interior
F.S. 
Bureau of Pensions,
M.M.C.
Washington, D.C., January 29, 1895.

Madam:-

In reply to your request for a statement of the military history of --- James Humphrey --- a soldier of the Revolutionary War, you will find below the desired information as contained in his (or his widow's) application for pension on file in this Bureau.

Dates of Enlistment or Appointment: Apr. 1776
Length of Service: 3 mos.
Rank: Sgt.
Officers Under Whom Service Was Rendered:
Captain: Wm. Willford
Colonel: McCloughrey
State: N.Y.

Dates of Enlistment or Appointment: Feb. 1777
Length of Service: 3 mos.
Rank: Sgt.
Officers Under Whom Service Was Rendered:
Captain: Wm. Faulkner
Colonel: Cooper
State: N.Y.

Dates of Enlistment or Appointment: Oct. 1777
Length of Service: 10 mos.
Rank: Sgt.
Officers Under Whom Service Was Rendered:
Captain: Wm. Tillford
Colonel: McCloughrey
State: N.Y.

Dates of Enlistment or Appointment: May 1779
Length of Service: 1 mo.
Rank: Sgt.
Officers Under Whom Service Was Rendered:
Captain: David DeGarmo
Colonel: Yates
State: N.Y.

Dates of Enlistment or Appointment: Oct. 1779
Length of Service: 1 mo.
Rank: Sgt.
Officers Under Whom Service Was Rendered:
Captain: David DeGarmo
Colonel: Yates
State: N.Y.

Battles engaged in, Surrender of Ft. Montgomery.
Residence of soldier at enlistment, New Windsor, N.Y.
Date of application for pension, Dec. 19, 1833.
Residence at date of application, Phelps, New York.
Age at date of application, Born December 23, 1755, in New Windsor, N.Y
Remarks: See supplemental statement.

Very respectfully,

Mrs. Charles W. Hunt,
West New Brighton,
New York

Commissioner
Page 14

28769

Revy INVALID.

File No. 28769
James Humphrey
Sergt Rev War
Act: June 7th 32
Index: - Vol. 2, Page 197

[Arrangement of 1870.]

Jan. 29/55 ? Hiss
Mrs. Chas. Hunt, West New Brighton, N.Y. M.E.C.
Page 15

Supplemental.

At the surrender of Ft. Montgomery, in October, 1777, he was taken prisoner and conveyed to the City of New York, where he was confined until October 23, in the old North Church. He was then sent on board the prison ship "Good Intent" and detained until about the 10th of August, 1778, when he was exchanged.
Page 16

-PENSION- O. Dec. 31, 1894 U.S. [surrounding the date] -OFFICE- stamped in a circle on paper
Page 17

[H]
WEST NEW BRIGHTON,
STATEN ISLAND, N.Y. [P]
Dec. 27, 1894
Com. of Pensions 
Dear Sir:
I am anxious to verify the following facts regarding a Revolutionary soldier, James Humphrey.
Born at Little Britain, New York in 1755 belonged to Capt. Isaac Belknap’s company of “Rangers,”
organized in 1776, afterwards formed a part of Col. James Clintons regiment afterwords Col. McCloughry’s, was captured by British, probably at the defense of Forts Clinton and Montgomery, was confined for ten months, it is believed on the Prison Ship
Page 18

He received a pension from the government and died at Phelps New York.

I have been referred to you by the Chief, Record + Pension office, and shall be greatly obliged for any information you can give me.

Very respectfully yours
Katharine H. Hunt
(Mrs. Chas. H.)
Page 19

Ch. Humphries
June 6
No 15
James Humphrey
FREE

ITHACA
JUNE 10
 
?

Hon. Nicoll Halsey
House Reps
Washington

? Island ? to Capt ? applies to the ? of Nathan Pendleton of ?

Hon. N. Halsey
Page 20

Ithaca June 6 1837

Dear Sir

I rec'd your ? a certificate as relative to the service of James Babcock. I have no knowledge of the matter. It has probably grown out of the application of Caleb Babcock and was therefore addressed to you. I have ? it to the Pension Department for the benefit of whom it may concern.

My Father - James Humphrey - has made an application for a Pension and informs me that he has not been able to procure an allowance. He has not stated particulars and I therefore infer that there has been some neglect or there is some technical objection in the way - that he denied - was taken at Fort Montgomery - and was a long time a Prisoner in and near New York. Has always since my earliest recollection been understood and talked of in the family and among his acquaintances and I presume there can be no difficulty in furnishing ample proof, as I know more than one of the men who were in the Fort with him and ?
Page 21

of his services.

Will you do me the favor to enquire and let me know what the difficulty is - or if it should not be convenient for you ask my ? Howell.

I commiserate the condition of a northern man who has to ? the ? of Time and ?

To not be alarmed at the terrible accounts of Revolution in this quarter - my confidence in the strength of the party was never firmer. I am waiting with some curiosity to see the account which will be given in the Senate of the proceedings of the great ? distress meeting ? this place - it may be a ?

It would be a good thing if the P? should recommend ? with France in case there is no further prospects of a performance of the terms of the ?

I am
Very respectfully
yours
Charles Humphrey
Hon
Nicoll Halsey
Page 22

Rev.
James Humphrey
New York 
Suspended act 7 Jan ‘32
Letter 29 Oct 1833
To
Dell Neil
Letter 28 March 34 to “ “ “
Page 23

Phelps 
Jan
22
N.Y.
New York
Inquire
28 Jany 1834
War Department 
Care of JL Edwards Esq.
Commissioner of Pensions 
Washington City DC
Page 24

Phelps N.Y. Jany 22. 1834
Sir
Enclosed herewith Is James Humphreys
Supplemental Declaration For a pension. His other papers Are on file At your office, His claim I think, is now well authenticated. Having had A long acquaintance With him, As also with his witness, not a doubt exists In my mind That he is entitled to a pension arguably to his declaration.
Will you be so good As to return To me All the papers in the case of George Zimmerman, and again examine The papers in the case Ephraim Resu
I am,
Your ob't serv't
David McNeil
P. J. M. Norton
JL Edwards, Esq.
P.S. The original declaration Of Jac Humphrey was made before me as also the enclosed supplemental arguably with your letter and instructions of 29 October last- which last supplement was asked in consequence of the applicants having enlarged his claim from a private to a sergeant.
D. McN
Page 25

TREASURY DEPARTMENT.
Second Comptroller's Office,
March 19th, 1842.

Sir:

Under the date of the 6th of April, 1838, entitled "An act directing the transfer of money remaining unclaimed by certain Pensioners, and authorizing the payment of the same at the Treasury of the United States," The child'n of James Humphry, dec'd, a Pensioner on the Roll of the Albany, N.Y. Agency, at the rate of Eighty three Dollars and 33 Cents per annum, under the law of the 7 June 1832, has been paid at this Department, from the 4th of March, to the 3d Sept. 1834.

Respectfully, yours,
Albion K. Parris
Comptroller.
To the Commissioner of Pensions,
Present
Page 26

20340
James Humphrey
Ontario County
New York

a.e.l.

smh?

Daniel McNeil
Phelps
Ontario Cty
NYork
Page 27

WAR DEPARTMENT,
Pension Office,
183.

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 subjoined 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. These 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 the 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 James Humphrey Ontario Cty N York

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. | | | | | | |
Rol April 1776 | 1 | 2 | | Sergt. | Capt' Tilford | Col McClough | | N. York | 77 |
Draft 1777 | | 3 | " Capt Faulkner | Capt Cooper | N. Jersy | New Windsor Orange Cty N York
Oct [illegible] | | 10 | " | Cap Milford | -- | | | | Living Witness
1779 | 2 | | " | Cap Degermas | Col Tate | | | | Traditionary
 | 1 | 15 | | | | | | | |

Wid. Notice
I am, respectfully,
Your obedient servant,
J. L. EDWARDS,
Commissioner of Pensions.

A claimant will be permitted to make
his declaration before the gent of his 
claim unless it is clearly established
that he is actually unable to attend
Court.
Page 28

2
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
stance, 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.
of
On this
DECLARATION.
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
State Territs
County of
day of
A.B. a resident (b) of
personally appeared (a) before
in the county of
and State, Territory or District
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 provion 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
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 enered 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
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.
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
hereby certify, that we are well acquainted with
subscribed and sworn to the above declaration; that we believe him to be
and C. D. residing in (the same)
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.
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
and that C. D., who has also signed the same is a resident in the
and is a credible person, and that their statement is entitled to credit.
1
contains the original proceedings of the said Court, in the matter of the applicacation of that the foregoing
for a pension.
In testimony whereof, I have hereunto set my hand and seal
& c.
Every applicant will produce the best proof in his power. This is the original discharge or commission
; but it neither of these can be obtained, the party will so state under oath, and will then procure, if
possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services
of the applicant, and such circumstances connected therewith, as may have a tendency to throw light
upon the transaction.
If such surviving witness cannot be found, the applicant will so state in his declaration (l) and he will
also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful
in the investigation of his claim, and in the comparison of his narrative with the events of the period of his
alleged service, as they are known at the Department. A very full account of the services of each person
Page 29

3
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 en and what has become of it?
Did you ever receive a discharge from the service, and if so, by whom was it giv-
Ter has become of it?
Did you ever receive a commission, and if so, by whom was it signed, and what
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 traditionary 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.
low the rule laid down for his guidance.
all the declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will
conforming to the rule.
The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a suffcient reason for not
The age of the claimant must invariably be mentioned.
The declarant must mention the period or periods of the war when he served.
Every continental officer or soldier must give
claim cannot be had. Every claimant must state, with precision, the length of his service, and the different grades in which he
definite as to enable the Department to determine to what amount of pension he is entitled.
loss of memory, state precisely how long he served, he should amend his declaration many case where the applicant cannot, by reason of the
Personally anamara from the
an undivit in the following words:
signed, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth 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 . Fornant
in
and days, I served as a ; and for such service I claim a pension."
with precision the period for which each applicant served, and the particular rank he held, as the law
is too indedirects
the pension to be paid according to the grade of the pensioner and the length of his service. The son of the phrase about three or four months
in the militia, &c without specifying the tours, the names of the first pensions merely state that they served two years
highly objectionable. It must, in every case became respecting their service. This form of a declaration is
not known 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 aupursuit
.
thority; 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
The law makes the relinquishment indispensable.
The opinion of the Court is always required.
The Clerk must give his certificate in every case.
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 pubpapers
.
seal of office, the certificate of a Member of Congress, proving the official character and signature of the certifying officer, should accompany the
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.
who are required to set forth in their affidavits the time of the claimant
In a case where the name of the applicant is not found on the records of the Danartment, he must prove his service by two credible witnesses.
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 oaths must certify to the credibility of the wit-
---
note applies to continental troops only.
The notes from tal to it are all equally applicable to the cases of the proof required by rule in
This traditionary evidence is indispensable in militia cases.
witness cannot be found, the declarant must state the fact.
The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.
R Newman
Page 30

James Humphreys
Declaration
29.608

D McNeil agt.
Phelps, NY
Page 31

State of New York
Ontario County ss: On this 19th day of December 1833
personally appeared before me David McNel one of the Judge
the Court of Common Pleas for said County James Humphrey
resident of Phelps in the County of Ontario and State of New York
aged Seventy seven years, who being duly sworn according
Law, doth on his oath make the following Declaration in order
obtain the benefit of the Act of Congress passed June 7th 1832
he entered the service of the United States under the following
an officers and served as herein stated. He enlisted on the
1st day of April 1776 an Orderly Sargent in Captain William
ford Company of New York Militia in Col James McCloughey
Regiment in the Brigade commanded by Gen Hathorn And served
during this year as follows. He served from the first day of April
of this year until the first day of November at Fort Montgomery
on the Hudson River on guards and fatigue duty, in assisting in
completing the building of said fort, and on the first day of November
& have aforesaid
of this year he marched with said Col McClougheys Regiment to
the State of New Jersey to a place called Ramapo in said State of New Jersey
where he served three months was discharged at Ramaha
on the first day of February in the year 1777 and returned home was
discharged verbally by Capt Tillford. He resides at the time
of his enlistment at New Windsor (then Ulster) now Orange County
in the State of New York. On his return Home on or about the 10th
day of February in the year 1777 he was again drafted and served
There months an orderly Sargent in Capt. William Faulkendey
Company of New York Militia in the Regiment commanded by
Col Couper, Marched direct from New Munson in the State of New York
where he resided at the time he was drafted) to Ramapo
in the State of New Jersey, where the Regiment made a short stay
of Eight or ten days and marched to Paramus Church in said
State of New Jersey where the Regiment remained a few days and
Marched to a place called Closter on the Jersey Fronter in
said State of New Jersey where he remained until term of
three months experned was verbally discharged and returned Home
thinks he was discharged on the 10th day of May in the year 1777
On the Sixth day of October in the year 1777 He again entered the
service by authority of the governor of the State of New York and orderly
Sargent in Capt William Telfords Company of New York Militia a Col
James McClougheys Regiment, in Marched with some Company form
New Windsor aforesaid (where he then resided, direct to Fort Montgomery
Page 32

and was, on that day taken prisoner by the enemy at the surrender of
Fort Montgomery, and remained a prisoner in the hands of the enemy Ten
months at New York- during his confinement as prisoner at New York
He was confined untill the 28th day of October in the old North Church
on which day he was removed from said Church to the enemys
Prison ship in the Bay of New York. I think the Ships name was Good
Intent where he was kept confined until the 6th or 10th of August
in the year 1778 on which day he was liberated at Elizabeth
town point in the State of New Jersey, by way of an exchange of
prisoners with the British, and returned home- during his confinement
as prisoner he suffered greatly, in consequence of short allowance
and the cold, being but poorly cloathed and miserably provided with
fuel, food &c-  On the first day of May in the year 1779. He again
served in the capacity of an orderly Sargent by Authority of the governor
of the State of New York in the Company Commanded by Capt Davies
De Germo in Col Peter Yates Regiment of New York Militia and
served one month at Fort George on the Northern Frontier
resident this time at [illegible] Lannick (then Albany County now in
the County of Rensalaer & State of New York -  during his service
of one month he did not hold a Seargen Warrant but was ordered
to do the duty of an orderly Seargent during this Term ^(by his captain) -- Foress was
raised by government at this time to drive back a body of Indians
and protect the northern frontier - was verbally discharged on the
1st day of June of this year, and on the first day of October of the
year (1779) He again served one month at Fort Edward by authority
of the governor of the State of New York, in the capacity of an order
Sargent appointed by his Captin in [illegible] Capt David De Germo Compy
in Col Peter Yates Regiment of New York Militia or verbally discharged
on the 18 day of November 1779, and returned Home-- Forces were raised
by order of Government at this time to protect the Northern frontier -
He was born on the 23d day of December in the year 1755 at New Windsor
(then [illegible]), now Orange County & State of New York at which place
he resided until the year 1778 when he removed to [illegible] then
Albany now Renselaer County & State of New York at which place
and at New Windsor aforesaid he resided until the year 1812 when he
removed to the Town of Phelps County of Ontario & State of New York
where he has since, and now reside. That he is well acquainted
with James McDowell and Olivia Humphry, and was well acquainted
with them during the Revolutionary war, who will certify to their
Page 33

knowledge of his services during the Revolution &c. He knows
his age to be seventy seven years from a record in his possesion
Coping from a Record kept by his Father. That owing page
and bodily infirmity he is unable to attend the fatigues of spring
to the County Seal of this County to make his declaration, The place
being a distance of sixteen miles from his place of residence. He hereby
relinquishes every claim whatever to a pension or annuity except
the real and declares that his name is not on the pension
Roll of the agency of any state, while a member of John & Faulkerse
company he held a Sergeants warrant which he has since lost
one to and Subscribed the
day and year aforesaid
James Humphries
David McNeil Judge
of the County Courts
Page 34

State of New York
Ontario County
On this 20th day of December 1833 personally
 appeared before me David McKee one of the
eyes of the Court of Common Pleas for said County James McDowel
who being first duly sworn according to Law on his oath deposeth
and Saith that he now resides in the Town of Phelps County of Ontain
and State of New York where he has resided for thirty years past
That during the Revolution he was a resident of New Munson then Orange
Now Ulster County and State of New York where he was personally acquainty
with James Humphry whose declaration is hereunto annexed. That the
said Humphry was a member of Captain William Tillfords Company in
the year 1776 in which company he served as orderly Sergant during the
same year this deponent was a member of Captain James Humpheys Comp
of New York Militia in Col James McClougheys Regiment, being the same
regiment to which the said Humphry belonger, that he saw the said
Pumphey frequent in the service at Fort Montgomery, during the year
and with the said Humphry at the Time Col McClougheys Regiment
Marched to Ramapo in the State of New Jersey said Humphery was
out in the service during this campaign 3 months, on the 1st day of
November 1776 until the 12 day of February 1777 and acts as orderly
Sargent This deponent was also present at the time the enemy took
possession of Fort Montgomery on the 6th day of October 1777 and recited
will that the said Humphry was there at the time-- That
after the surrender of said Fort he saw his have many the records
of the Prisoners taken at the time, that the said Humphry absent
from home, a prisoner a month at New York, recotes
well the time he returned home after he was liberated-- at the
time the said Humphing was taken prisoner he was an orderly Sergant
in Capt William Tillfords Company in Col James McClougheys Regimen-
t after his services of this year, about the year 1779 the said
Humphrey removed from New Midson the which period he
knows nothing of his services - This deponent further saith that the
said Humphery now resides in Phelps amount of Orton & State of New York
Sworn to and Subscribed before me
the day and year aforesaid-
David McNeil Judge
of the County Court
M Dowell
Page 35

And I 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 James Humphey
was a Revolutionary soldier and served as he states
and I the said Judge do further certify that I am
personally acquainted with Oliver Humphrey and James
McDowell who have signed the preceding certificate
that they are both residents of Phelps County of Ontario and
State of New York and are credible persons, and
that their statement is entitled to credit. And I do
further certify, that it is my office that the applicant
James Humphry on Account of Bodily infirmity of age +c
is not able to attend a court of Record, for the purpose of
making his Declaration, being so infirm, that he is confined to
his room and bed most of his time-
David McNeil Judge
of the County Courts
State of New York
Ontario County ss
I certify that David McNeil
whose name is subscribed to the four
preceding certificates, was at the dates
thereof a Judge of the Courts in and for
said County, and that I am well acquainted with
his hand writing and verily believe the
said several signatures to be his proper act and deed,
In testimony whereof I have hereunto set
my hand and seal of Office this 17 January A.D. 1834
F. J. B. Crane, Dep Clerk
Page 36

We Isaac M Norton and James Westfall residents of the town of Phelps County of Ontario and State of New York do hereby certify that we are well acquainted with James Humphrey whose declaration for a pension is herein to annexed, that it is our opinion in consequence of old age and bodily infirmity the said James Humphry is not able to attend the fatigues of a journey to Canandaigua, the County Seat of this County to make his Declaration, for the most part of his Time Confined to his room said County Seat being sixteen miles distant from his place of residence

Sworn + Subscribed before me this 8th day of January 1834
Isaac M Norton
James Westfall

Before me Thomas Smith Justice of the Peace

State of New York
Ontario County SS

I certify that Thomas Smith whose name is subscribed to the above certificate, was at the date thereof a Justice of the Peace in and for said county, and that I am well acquainted with his hand writing and verily believe the said signature to be his proper act and deed, In testimony whereof I have hereunto set my hand and seal of office, the 17 January A.D. 1834

F.J.B. Crone, Dep Clerk