Revolutionary War Pension and Bounty Land Warrant Application File W. 25,684, for Henry Mc Intyre, Connecticut
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SERVICE    Conn.
McIntyre, Henry
or McIntire.   Jane Ann
NUMBER  W. 25.684
B. L. Wt. 1880-100
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4989
New York
Jane Ann McIntyre 
widow of Henry McIntyre who served in the Revolutionary war, as a private 
Inscribed on the Roll at the rate of 8 Dollars Cents per annum, to commence on the 4th day of March, 1848.  
Certificate of Pension issued the Ninth day of Aug 1849 and sent to Hon H. Putnam Warsaw N. Y.
 Recorded on Roll of Pensioners under act February 2, 1848, Page 128 Vol. 4
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Albany N.Y. Oct 13th 1832 
Received of William Gordon Esq of the U. States Bounty Land Office Land Warrant No 1880 issued to Christiana Tracy only heir at law to Henry McIntyre late Soldier in the Connecticut line of the Army of the Amencan Revolution.
Lewis Wakeley
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1845  11
77
born 1768  Decr.
5 
1773
State of Connecticut
Litchfield County} ss Canaan
I Elihu Yale of Canaan in the County and State aforesaid and Seventy Seven years on oath do depose and say That I was born in the town of Goshen in the County aforesaid and when I was five years old my parents moved from Goshen to Canaan and from that time to the present have resided in said Town of Canaan and formerly used to team it for a livelihood. I used to draw iron ore from Salisbury to Canaan. I commenced at this business when a lad old enough to drive team and I recollect That there lived in Salisbury a man by name of Henry McIntyre whose wife was a Knickerbocker & at the time I first knew them they resided on our Hill in Salisbury and from Salisbury they moved off to west some where in State of N York, 
The first I knew of this Henry McEntire & his wife of was soon after the Revolution was closed. I do not recollect her given name, but remember she was Knickerbocker & her father Abram Knickerbocker resided near a place in Salisbury called Lyme Rock.   I know nothing of the marriage personally, only that they when I first knew them were reputed to be married persons & as such they lived together years before 1790.  Another McIntyre who lived in Salisbury once kept a Tavern & was older than Henry aforesaid and I think a brother of his.  
Elihu Yale
State of Connecticut 
Litchfield County } ss Canaan
On this 17th day of December 1846 personally appeared
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Elihu Yale who subscribed his name to the foregoing deposition and made solemn oath to the Same Before me 
Wm C Stanton Notary Public 
Windham County ss Voluntown Dec 26th 1846 
I hereby certify that Elihu Yale who subscribed the foregoing is a respectable person and a credible witness 
Attest Wm. C Stanton Justice of Peace
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Frederick Kellogg of Cornwall in the County of Litchfield and State of Connecticut of lawful age depose and say that I am the Grandson of the late Col. Heman Swift, who commanded the 2nd Connecticut Regiment in the War of the Revolution and have in my possession the size Rolls, Register of Furloughs, and the Register of Furloughs at the "Highlands" granted June 8th ’83 until such time “as the Definitive Treaty arrives,” and that I find on said Records and Rolls the following entries, viz: 
“Henry McEntire", age 30, size 6 ft., trade Cordwainer”, born in “Kent Litchfield County, Connecticut”, place of Residence, Salisbury Litchfield County, "Black" Hair, dark complexion, enlisted at “Sharon” May 7th 1777. During the War”.  
The above is in the size Roll of the “Light Infantry Company" of the 2nd Conn. Reg’t.
Cornwall Feb 9th 1847. 
Frederick Kellogg 
Litchfield County SS 
State of Connecticut,  Cornwell  February 9th 1847. Personally appeared Frederick Kellogg the above deponent and made Oath to the truth of the above affidavit by him subscribed before me- Philo Kellogg Justice of the Peace
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6
Elihu Yale
Knew Mrs. H McIntire
Living together as man & wife before to 1790 –
[unreadable] 125
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Town Clerks Office Canaan Feb. 10th AD 1847  
I Wm Douglas AD 1847 of Caanan in the County of Litchfield State of Connecticut on an application for evidence of the marriage of Henry McIntyre to Jane Ann Knockerbocker both residents of Salisbury in said County, I have carefully examined the records of marriage in this office and am not able to find any evidence of said Marriage.  
And I do further certify that from the appearance of the Books of records of marriages in this office, the records of marriages in former days were imperfectly kept. 
Attest Wm Douglas Town Clerk 
Litchfield County ss Canaan Feb. 10th 1847 
Then personally appeared Wm Douglas who is town Clerk of the town of Canaan and who is personally known  to the subscriber as a witness entitled to full credit & belief and made solemn oath to the truth of the same 
Before me Miles T. Granger Justice of Peace
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4
Town Clerks Office Salisbury Feb 8th 1847 
I Robert N Fuller Town Clerk for the town of Salisbury in the County of Litchfield & State of Connecticut on an application for evidence of the Marriage of Henry McEntyre to Jane Ann Knickerbocker have carefully Examined the Records of Marriages in this office & am not able to find any evidence of Marriage.  
Some of the Books on which Marriages have been Recorded are now in an imperfect state. 
Attest Robert N. Fuller Town Clerk 
Litchfield County Salisbury Feb 16th 1847 
Then personally appeared Robert N Fuller Esq Town Clerk of the Town of Salisbury aforesaid being known to the subscriber as such and also as being a credible witness and made solemn oath to the truth of the above certificate by him before me Subscribed 
Lot Norton Junr Justice of Peace
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State of Connecticut 
I, CHARLES WM. BRADLEY, Secretary of the State of Connecticut, and Keeper of the Seal thereof, do hereby certify and make known to whom it doth or may concern, That Philo Kellogg, Miles T. Granger and Lot Norton, Jr. Esqrs are and since the 20th day of June last past, have been Justices of the peace within and for the County of Litchfield, in said State, duly appointed and commissioned, having full power and authority by the laws of said State to take the Acknowledgment of Deeds and to certify the same; also to administer Oaths, to take Affidavits and Depositions out of court and to give certificates thereof; and that full faith and credit may and ought to be given to their official acts and attestations. 
And I further certify, that I believe the foregoing signatures of the said Kellogg, Granger and Norton Jr. to be genuine. 
In testimony whereof, I have hereunto set my hand, and affixed the Seal of said State, at Hartford, March this tenth day of in the year of our Lord one thousand eight hundred and forty-seven. 
Charles Wm Bradley, Secretary of State
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State of Connecticut 
By His Excellency ISAAC TOUCEY, Governor of said State. 
TO ALL WHOM IT MAY CONCERN: 
Know ye, That William C. Stanton, Esq is a Notary Public, and also a Justice of the Peace in and for the County of Windham, in the said State, duly constituted and commissioned, and that to his acts and attestations, as such full faith and credit are and ought to be given in and out of Court; that the within attestations in due form and by the proper officer. 
In Testimony Whereof I have caused the public Seal of the State to be hereunto affixed, this 10th day of March A.D. 1847, and in the seventy-first year of the Independence of the United States of America . 
By His Excellency the Governor: 
Charles Wm Bradley Secretary of State.
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Henry McIntyre
No 1880.
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Christina Tracy - Daughter of Henry McIntyre 
Recd Oct 5, 1832
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DEPARTMENT OF WAR 
STATE OF New York 
COUNTY OF Cattaraugus } ss 
I Christina Tracy Daughter and heir at Law, to Henry McIntyre deceased, do upon oath testify and declare, that, to the best of my knowledge and belief, Henry McIntyre foresaid, about, or in the Year, 1777 entered, or enlisted into the service of the United States , for the term of "During the War:" and, that, he served in Regiment of the Connecticut Line, commanded by Colonel Heman Swift and that he continued in the service aforesaid, until the close of the War, when he was regularly discharged from the same Regiment of the Connecticut Line, commanded by Colonel Swift.   I further declare that his discharge signed by General George Washington was burnt in a house many years ago and that He died at Middletown in Delaware County where he had gone for medical aid in the year 1805. 
I further declare, that I have never received a Warrant for the Bounty Land promised to Henry McIntyre aforesaid, on the part of the United States, nor do I believe he has ever received it, or transferred his claim, in any manner, whatsoever:- 
THEREFORE KNOW All Men, By These Presents, that I Christina Tracy aforesaid, do hereby constitute and appoint LEWIS WAKELEY, of Greeneville, in the State of New-York, to be my true and lawful Attorney, for me and in my name, to demand and receive, from the Secretary of War, of the United States, a Warrant for the quantity of Land due to me and to the other heirs of as aforesaid. In testimony whereof I have hereunto set my Hand and seal, this Eighteenth day of August- 1832: 
Christina Tracy her mark
In presence of Henry George   
COUNTY of Cattaraugus Ss. 
Personally appeared before me Arnold Holden a Justice of the Peace, in and for the County aforesaid  Christina Tracy subscriber to the above declaration, who acknowledged the power of Attorney thereto subjoined, to be her free act and deed; and likewise made solemn oath to the truth of the foregoing declaration. Dated this Eighteenth day of August 1832  
Arnold Holden Justice of the Peace 
STATE OF New York 
COUNTY OF Cattaraugus} ss In testimony that the above written Arnold Holden- was a Magistrate, duly authorized to administer oaths, and take acknowledgments, &c. in the State of New York  at the above date, and that his name there subscribed, appears to be his usual signature; I have hereunto affixed the Seal of the said county and subscribed my name, at Ellicottville this eighteenth day of August 1832. 
John W. Staunton, clk
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Christina Tracy – Daughter of Henry McIntyre
Rec’d Oct 5, 1832
Henry McIntyre
No. 1880
State of New York
Cattaraugus County
Surrogates Office}
I Moses Beecher Surrogate of the County of Cattaraugus do hereby certify that satisfactory evidence has been adduced to me to prove that Christina Tracy, the Subscriber to the within declaration, is daughter and sole surviving heir at law of Henry McIntyre late a Soldier in the Connecticut line of Troops in the Army of the Revolution.  In Testimony whereof I have hereunto subscribed my name and affixed my official Seal this Eighteenth day of August A.D. 1832. Moses Beecher
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No 13402 
Jane Ann McIntyre decd 
Widow of Henry  
NY
act 7 July 1838 
May 4 
M. A. Porter
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State of New York 
Cattaraugus County} ss  In Surrogates Court at Ellicotville May 21, 1847 
At a Surrogates Court holden in & for said County on the 21st day of May 1847 personally came Mary Ann Porter & on her oath by me to her duly administered according to law makes the following declaration in order to obtain the benefits of the provisions of the act of July 7th 1838 for Mrs Jane Ann McIntyre. That she is the grand daughter of the said Jane Ann McIntyre who is the widow of Henry McIntyre who as she has been informed & believes & therefore claims was a private in Colonel Heman Swifts regiment in the Connecticut Line of the continental army & served for the period of during the war & resided previous to at the date of & after his said services in the town of Salisbury in the State of Connecticut. That the said Henry McIntyre was married to the said Jane Ann Knickerbocker now Jane Ann McIntyre at Salisbury or Canaan in Connecticut as she has been informed & believes in the year 1785 or 1786. That the said Henry McIntyre died at Middletown in the State of New York more than 30 years ago & that since his death the said Jane Ann McIntyre his widow has not intermarried but remains his widow. That she makes this declaration for her said grand mother because that she the said Jane Ann is so much superannuated & her faculties so much impaired by age that she cannot with propriety make it.  That the services of the said Henry McIntyre as She is informed & believes were rendered previous to his said marriage with the said Jane Ann Knickerbocker.
Mary Ann Potter her mark
Subscribed & sworn in open Court. Witness my hand & seal at Ellicottville the day & year first above written 
Robert H. Thunkland, Surrogate 1847
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No 1- 
Mrs McIntyres Declaration
No 6697  
Jane Ann McIntyre 
Widow of Henry 
NY 
act 4 July 1836 
Children Mary  daughter of H & J A McI. born 1789.
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State of New York 
Cattaraugus County } ss  On this 18th day of June 1845 personally appeared before me a Judge in and for the County aforesaid Jane Ann McIntyre a resident of Otto in the County of Cattaraugus, who having been duly sworn deposes and says that the is the widow of Henry McIntyre who was a soldier in the war of the Revolution & enlisted according to the best of her recollection into the service of the United States from Salisbury Connecticut, that he enlisted for during the war or three years & served faithfully. The is so old the memory so imperfect that she does not recollect the under officers but recollects Gen Putnam, Green &c.  
She further declares that she was married to the said Henry McIntyre, as near as she is able to recollect the about the year 1775 or 6 at Connecticut, by one Elder Dexter or Daxter. Her husband the said Henry McIntyre did not enter the service until after their marriage & at the time they lived in Salisbury Ct.  Her daughter Christina Tracy, was born in Salisbury Ct. in 1786, & that the said Christina is now this month 59 years old, if her recollection is correct. The deponent further declares that her maiden name was Jane A. Knickerbocker that her husband the said Henry the soldier died soon after the war and that she makes this declaration in order to obtain the benefit of the act of Congress of the 4th of July. 1836.
Jane Ann McIntire her mark
Subscribed & sworn to the day & year above written, before me, & I certify at the above Jane Ann McIntyre is on account of old age & bodily infirmity unable to appear in Court to make this declaration 
B. Chamberlain Judge of Catt Co
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State of New York 
Cattaraugus County }ss I Christina Tracy a resident of Otto in the County aforesaid do depose say that I am a daughter of Jane Ann McIntyre, who is the widow of Henry McIntyre deceased, a own father of nine. That my parents the aforesaid Jane Ann & Henry McIntyre, were residents of Salisbury in the State of many years since and that I was born in said a Town of Salisbury, as I have been informed by my mother about the year 1786 & that I am 59 years old the present month – June.  I further depose & say, that the Land due me by right of my father, was obtained from Government in the year 1832, that signed my right to said Land over to one Henry George or a Mr. Brainard if my recollection is right. At least Henry George was the man who purchased my right to said Land, & who came to Cattaraugus County & had the papers executed.  I executed the papers before one Arnold Holden a Justice of the peace.  I further depose & say that my father died soon after the war the exact year I am unable to State - And further that the individual subscribing on the appointed page is my mother & the widow of said McIntyre -  that her memory is much impaired from old age much more so than in 1832 when she made her affidavit to assist in obtaining the Bounty Land.
Christina Tracy her mark
Subscribed & sworn to this 18th day of June 15 before me, & I certify that the his above deponent is a credible witness 
B Chamberlain Judge of Catt Co
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State of New York
Cattaraugus County } ss Arnold Holden a citizen of said County do depose and say that in the summer of 1832, I was an acting magistrate in for the County of Cattaraugus, that I was sometime during that summer called to the house of a Tracy in the town of Otto in said County to take affidavits of Widow McIntyre & Christina Tracy - the power of attorney of Mrs Tracy for the purpose of obtaining the Land due to Henry McIntyre, a Soldier in the War of the Revolution.   Jane Ann McIntyre, then testified that she was the widow of Henry McIntyre who was a soldier in the Revolution.  She testified to much more, the particulars of which I do not now recollect. The person empowered in the power of attorney, I do not now recollect.  Sometime after the taking of those affidavits I was present at the sale of the Land and took the acknowledgement of the papers, I was at that time an acting Magistrate and further says not.
Arnold Holden
Subscribed & sworn to this 18th day of June 1845 before me 
B. Chamberlain first Judge of Cattaraugus County Courts
State of New York 
County of Cattaraugus} Ss. I, Francis E. Baillet Clerk of the Court of Common Pleas of Cattaraugus County, certify that Benjamin Chamberlain Esq. is a Judge as above, and that the foregoing signature purporting to be his is genuine. 
In testimony whereof, I have hereunto affixed my seal of office and subscribed my name this 18th day of June 1845 
F. E. Baillet Clerk
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State of New York 
Genessee County 
7
John Chamberlain
Illegitimate son of H. & J. A. McI. born 1784
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State of New York
Genesee County }ss  
I hereby certify that P. V. Ingalshe is a Justice of the Peace as above and that the foregoing certificate purporting to be his in Genuine.
In testimony whereof I have hereunto affixed my seal of office and subscribed my name this 29 day of June in the year 1847 
M G Soper Dep clk of said County
7 John Chamberlain 
Illegitimate son of H. & J. A. McI. born 1784
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State of New York
Genessee County } ss Before the Subscriber a Justice of the peace in & for said County personally came John Chamberlain & on his oath by me duly administered according to law deposeth & says that he was 63 years old on the 5th day of last. That he is a son of Mrs Jane Ann McIntyre widow of Henry McIntyre deceased. That as he has been informed by his mother in his youth he was born at Salisbury in the State of Connecticut on the 5th day of April in the year 1784. That as he was also informed by his mother & the said Henry McIntyre his mother was married to the said Henry McIntyre at Salisbury when this deponent was about two years old, and that after the said marriage they called this deponent by the name of John C. McIntyre & that he always went by that name until after he became of age. That his mothers maiden name was Jane Ann Knickerbocker & that she had several brothers whose names were Thomas Knickerbocker, Darias Knickerbocker & Solomon Knickerbocker.  That the said Henry & Jane Ann resided at Salisbury until this deponent was about 10 or 12 years old when her two brothers Darias & Solomon who resided at or near Pepacton in Delaware County in the State of New York came to Salisbury this deponent went home with them & the next fall after the said Henry & Jane Ann removed to the same place.  That subsequently Thomas Knickerbocker his mothers brother also removed from said Salisbury to the said County of Delaware & this deponent lived with him to learn the trade of a Blacksmith. That after this deponent became of age he removed to the County
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of Cayuga in the State of New York & then & there assumed his true name of John Chamberlain as he had learned it from his mother & has since been known by that name. That he was married in the Year - & shortly after commenced a family record & has continued the same until the present time & that record contains his age as well as the date of his said marriage.   That after the marriage of the said Henry & Jane Ann they had a daughter whose name is Christina Tracy & who is some 3 or 4 years Younger than this deponent. That he can distinctly remember living with the said Henry & Jane Ann at Salisbury before he was 10 years old. That he has frequently learned from the said Henry McIntyre in his life time that he the said Henry had been a soldier in the war of the revolution & had served during a great part of the war that the said Henry McIntyre resided during the revolution at said Salisbury.  That the said Henry had a brother who lived at Salisbury & owned a large farm there whose name was Stephen McIntyre who in this deponent well remembers & whose daughter Betsy Married Thomas Knickerbocker aforesaid. That the said Henry McIntyre Since this deponents recollection sometimes worked at the Shoemakers trade. That the said Henry McIntyre died many years since. That when the said Henry & Jane Ann lived at Salisbury they lived at a place in that town called Town hill 
John Chamberlain
Subscribed & Sworn to before me this 22d day of June 1847 & I certify Said deponent to be a person of good character & entitled to credit 
P. V. Ingalshe Justice Peace
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Revy WIDOW, &c. 
File No. 25684 
Jane Ann McIntyre 
wid of Henry McIntyre 
Pri Rev War – 
Act. Feb  2 1848  
Index:-- Vol. M  Page 26
[Arrangement of 1870.]
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8612
New York
Jane Ann McIntyre 
widow of Henry McIntyre who was a private in the Revolutionary War 
Inscribed on the Roll at the rate of 80 Dollars Cents per annum, to commence on the 4th day of March, 1843. 
Certificate of Pension issued the Ninth day of Aug 1849 and sent to Hon H. Putnam Warsaw N.Y.
[Acts of March 3, 1843 & June 17, 1844.] 
Recorded in Book A Vol. 2 Page 258
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10.704
New York
Jane Ann McIntyre
Widow of Henry McIntyre who was a pensioner under the Act of - and who died on -  of Otto in the State of New York who was a private in the Revolution, commanded by Captain - of the – commanded by – in the New York line for 2 years, 
Inscribed on the Roll of New York at the rate of 80 Dollars Cents per annum, to commence on the 4th day of March, 1836.  
Certificate of Pension issued the ninth day of Augt 1849 and sent to Hon H. Putnam, Warsaw N.Y. 
Total amount, -  
[Act July 7, 1838.] 
Recorded by Henry Robinson Clerk, 
Book D. Vol. 1 Page 177
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V No 6697 
Jane Ann McIntyre 
NY
Let Hon A. Smith April 13 1846 
Hon. H. D. Morley. Nov. 27 / 96. 
A. L. Lynde May 10 47 
Act 14 July 1836
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Let to A. L. Lynde
July 30 ‘47
Let to Secretary of War Augt 27th ‘47
To same March 16 ‘48
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Jane Ann McIntyre 
No 1,2,3,4,5,6,7,8,9 & 8 additional ones handed to Mr Campbell by order of the Secy of War May 18, 1848 
See letters 14 April 1849 to J.C. Mundy, N. Crittendon & P. C. Cook relative to character of witnesses – Letter to H. Putnam June 26. 1849
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Jane Ann     Act 48
Henry McIntyre N. Y. What is his pension?
C.C.    room
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We the undersigned town officers and citizens of the town of York in the County of Washtenaw  State of Michigan, certify that we are personally acquainted with Mr. Darius Knickerbocker of  this said town and that the said Darius is a person of good character and entitled to full credit as a witness 
York July 16th 1849 
George Sperry Justice of Peace  
O Goodman  Town Clerk  
Caleb Moore supervisor 
I Robert McClelland late Member of Congress from the District of Michigan do hereby certify that several of the persons who have Signed the above certificate are well known to me personally or by reputation, that they are highly respectable citizens of Washtenaw County and their certificate is to me perfectly satisfactory evidence of the Credibility of the said Darius Knickerbocker   Dated at Ypsilanti Michigan July 18th 1849 R. McClelland
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I L. C. Miles do hereby certify that I in the Justice of the peace before whom Darius Knickerbocker (named in the above certificate), a citizen of the town of York in the County of Washtenaw in the State of Michigan on the 19th day of March or thereabouts made an affidavit relative to the intermarriage of his sister Jane Ann Knickerbocker with Henry McIntyre a revolutionary soldier.  I further certify that the persons signing the above certificate on well known to me personally as by reputation, and their certificate is to me perfectly satisfactory evidence of the creditability of the said Darius Knickerbocker Ypsilanti July 20 1849 L. C.  Miles Justice of the Peace
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June 12 /49
Hon. H. Putman June 12 / 49 
Respecting the claim Mrs Jane Ann McIntyre an applicant for a Pension 
W. Helman
Commissioner of Pensions will please answer 
Dept of the Interior June 18 / 49
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Attica N.Y. June 12, 1849 
Hon Thomas Ewing,
Sir,  on the 27th of March last I forwarded by the request of A. L. Lynde of Warsaw some additional Evidence in the case of Mrs Jane Ann McIntyre an applicant for a pension. Mr Lynde appeared from the division of the Comr of Pensions and the papers were transferred to the Secretary of War.  
Mr Lynde suggests to me that on account of your answer in Ohio you may not have rec’d my letter and wishes me to ask your attention to the case, which has been a long time pending. At the request of M Lynde I gave the case an Examination at Washington more than a year since, and gave my written views of the case which I presume are among the papers in the War Department – unless before now they have been handed over to you - Will you please Examine the case as early as convenient and inform me of the result – 
Most Respectfully Yours  H. Putnam M.C.
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Attica N. Y. 
March 27 1849. 
H. Putnam Esqr. 
Encloses additional evidence in the case of Mrs McIntyre claiming a pension - Case being before Sec of War on appeal. Wants the matter settled.  
Referred to Comr of Pensions for a report of the facts of the case
Dept of War [unreadable] 
April 3 / 49
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Attica N. York Mach 27. 1849. 
Hon. Thomas Ewing 
Secretary of [unreadable] Department, 
Sir, I forward herewith papers or new evidence in the case of Mrs. McIntyre an applicant for a pension.  The papers are on file with the Secretary of War, an appeal having been made to him from the Comr of Pensions.  
The Main question is as to the Marriage.  At the request of Mr Lynde of my District I examined the papers and gave in writing my views, which I presume is with the papers. In connection with the additional evidence herewith sent, Mr Lynde requests an Examination.   
My opinion is, if examined at all by the late Secretary (I think from a [unreadable] of any or some other cause) it was too superficial for a Court session of the case.  
I hope it will be convenient to Examine it soon. 
I am with great respect 
I am Hble Svt.
H. Putnam
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3
Jane Ann McIntyre 
[unreadable]  Mr Putnam seems to think the Secretary misapprehended the facts - I think this will show that he did not
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Mr Putnam had an interview with the Secretary of War. [unreadable]
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Memo in Jane Ann McIntyres case. 
The objections made to this claim are the contradictory statements in the two declarations of Mrs McIntyre and her grand daughter Mrs Potter, who makes a third declaration and the insufficiency of the proof of Marriage. 
The first declaration of Mrs McIntyre was made in that this being insufficient she made another in the with great circumstantiality - subsequently in [unreadable] her Granddaughter made another - all varying in some particulars.   
The commissioner of Pensions objects strongly to the variations and is not satisfied by the long an explanatory deposition of Mrs Potter setting forth the mental inability of Mrs McIntyre (Sustained by others).
In the Secretary's decision these circumstances were not dwelt upon, but the objection was taken to the evidence.  The evidence
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is solely as to reputation & cohabitation.  The Secretary that will please see what was said on this point in the decision addressed to Mr Putnam, as to the effect of this evidence being destroyed & by the admitted fact of one or two children my born previous to the marriage.  
The appellant replies that three was but one child born and this one was by another man. So that the illegitimacy is no evidence to characterize the connection between Mrs McIntyre & her after husband is criminal.
Now Mrs McIntyre says expressly in her amended & second declaration that she had two children by Henry McIntyre older than her daughter Christina, and gives their names John C. & Henry.  Christina was certainly her oldest legitimate child.  She was born in 1786, and the marriage is alleged to have taken place in 1785 or 6. It is true her son John C. has been found, and makes a statement in which he says that after bearing the name of John C. McIntyre for many years he assured his “true name of John Chamberlain as he had learned it from his mother.” This 
true name of a bastard is his name of reputation but granting that the Deponent means his father’s name this casts doubts
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doubt upon the paternity of John C. and accordingly it is not stated in the decision that the he is the son Henry McIntyre; Perhaps John C was well informed in that point, and the error of his mother may be accounted for by the infirmity of her memory.  But on the other hand she evidencing to the birth of two children and given their names.   
Now although the Department might be willing to overlook the discrepancies pointed out by the Commr of Pensions, it cannot disregard the partial statements on oath of the claimant, at least until the evidence is offered to contradict them. This is not done.  The claimants agents wish to set aside her evidence altogether by contradicting part of it. But certainly important admissions against herself cannot be invalidated in this way, especially when they relate to circumstances solely within her own knowledge, and occurring at an early period of life when impressions often remain, though the mind may not retain subsequent events. 
The Agent cites a case in 1 Hill 270 the parties were engaged to be married, the man
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a sailor went away and by accident was detained until after the birth of a child, and on his return the marriage was solemnized. The point was when the marriage contract took place. Here was an evident intent that the connexion should be lawful - the question for the jury was whether the connexion was in consequence of a preceeding contract -  whether there had not been a contract before the ceremony. They jury found there was.  Our case is different, the woman admits that the connexion was criminal in its commencement, and calls upon the  Department to take the continuance of it as evidence that it was innocent & lawful.  
The mode in which this case has been conducted by Mrs Potter is calculated to destroy all confidence in any thing that emanates from her and the case must rest entirely upon the evidence  produced by the agents. I should feel no confidence in granting the application that the claimant was entitled to a pension. The evidence would be barely sufficient in any case certainly not in one which does not recommend itself to credence by business & candor; but where on the contrary where the claimant can only
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succeed by discarding their own statements, and seek to do this, not proving their mistake & showing the facts, but by showing the witness is not and was known by the latter time to be worthy of credit and, even this is not well made out. 
Respectfully Submitted 
W. D. McPherson 
[unreadable]
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Please return the papers in the case of Jane Ann McIntyre, to the War office New York Oct 4 July 36 & 7 June 38  
May 18, 1848
Changed to Mr. Ames
11 Oct ‘47
Page 47

[unreadable]  May 18, ‘48 
Hon H. Putnam. 
Asks Secy decision on the pension claim of Jane Ann McIntyre 
P225. Rec May 18 /48 
Pension Office. 
Hon Wm L. Marcy 
Secretary of War
Page 48

Ho of Reps
May 18 ‘48
Hon Wm. L. Marcy 
Secretary of War  
Sir, I am well aware now your time is wholly occupied, but for this I should have been glad to have an opportunity to see you and say some thing relating to the case of Mrs Jane Ann McIntyre, which is an appeal case from a decision of Colo. Edwards.  As I mentioned to you yesterday the only question is as to the marriage as appears from your letter.   Will you suffer me to Submit your personal examination of the papers or evidence in the case and also the communication of Mr Lynde and my own letter I left with you. I feel quite confident, that according to the common law rules of evidence as well as the pension laws, you will come to a favorable conclusion in the premises.
 Respectfully I am [unreadable] 
H. Putnam
Page 49

Hon H. Putnam
May 16 1848
Respecting the decision in the case of Jane A. McIntyre
Hon. Wm. L. Marcy
Secretary of War
Mr. Putnam had an interview with the Secretary in this subject but the decision seems to stand.
Page 50

Ho of Reps 
May 16. 1848
Hon William L. Marcy 
Secretary of War, 
Sir, you will doubtless recollect that a few days since, in a personal interview I requested you to review the evidence in the case of June Ann McIntyre, on appeal from the Comr of Pensions, presuming on my part to forward you my own views in the case, directing attention to the material points in the case. On Examining your letter of the 22nd March last it appears the question of Marriage is the only point to which exception is taken. Since I saw you I have examined the papers to this point, as also the statute of 1846 page 10 pr 2 - And also the instructions referred to in the communication of Mr. Lynde to me which is herewith forwarded. The facts & circumstances [unreadable], it appears to me, Establish the marriage as fully as it Ever can be by [unreadable]
Page 51

cohabitation and raising up a family.  There is but one degree of Evidence more Certain Viz. Proof of Marriage in fact, which can but seldom be done after so long a time has elapsed from the period of marriage.  Such proof was intended to be dispensed with by the act of 1846, referred to his Lynde in his letter to me.  
The ordinary proof of marriage which Justifies the law in all Civil Cases ought, it seems to me, to be held sufficient.  My Lynde has given the case a full examination and in much order has given his [unreadable].  
I do not pretend to be very familiar with the laws relating to pensions but it Strikes me that the evidence in this case should satisfy Every requirement of the provisions as to the particular point in question. The fact that Mrs McIntyre had a child before marriage should not mitigate against the claims nor should it be allowed to weaken the evidence arising from cohabitation. This is very properly referred to by Mr Lynde
Page 52

I am with great respect Your Obt Svt
H. Putnam
Hon H. Putnam
May 16 1848
Respecting the decision in the case of Jane A. McIntyre
Mr. Putnam had an interview with the Secretary in this subject but the Decision seems to stand.
Hon Wm. L. Marcy
Secretary of War
Page 53

1
Secretary’s Decision in the case of Jane Ann McIntyre
Page 54

War Department
Washington March 21, 1948
Sir
The purpose of public [unreadable] this department is [unreadable] obliged as occasionally to delay action [unreadable] claims & among the latter [unreadable] there are many pension cases brought up on appeal from the Commissioner, to which from the age & generally [unreadable] condition of the applicant [unreadable] to give the complete attention.  In reply to our enquiries of the 25th of December and 11th instant respecting the claim of Jane Ann McIntyre, I have to state that [unreadable] the discrepancies pointed out by the Commissioner of Pensions [unreadable] the evidence satisfactorily as to the marriage & the claimant [unreadable] no record of the marriage & no witnesses proffered who saw the parties married, no evidence of cohabitation by the affidavits of [unreadable] Thomas Nickerbocker  and [unreadable] is not of the record satisfactory character, and its effect is destroyed by the fact [unreadable] declaration [unreadable] were one or two children were previous to the alleged marriage.
Very Respectfully Your Obt Svt
W. L. Marcy
Secy of War
Hon H. Putnam
House of Reps
Page 55

Pension Office
March 16th 1848
Commissioner of Pensions
Respecting the case of Jane McIntyre
Page 56

Pension Office March 16th 1848  
Sir
I have the honor to inform you that a report together with the papers in the case of Jane Ann McIntyre were transmitted to you on the 27th August last, and have not since been returned to this Office.  
Mr Putnams letter is herewith returned. 
I have the honor to be 
Very respectfully Your Obt Servt
J. L. Edwards
W. L. Marcy 
Secretary of War.
Page 57

Washn Mch 18,  ‘48
Hon H. Putnam 
Ashs decision on pension claim of Henry McIntyre 
P124, McIntyre 14 / 48. 
Pension Office 
March 15 1848 
Resp Henry McIntyre 
Report 
Hon H. Putnam 
H R 
Am’d. W.D. Mch 22. 48
Register
Page 58

Wash’n March 11. 1848 
Hon William L. Marcy 
Secretary of War, 
Sir, on the 25th Decr last I addressed you as to the appeal case of Henry McIntyre, an applicant for a Pension. I am extremely anxious for a reply.  Mr Lynde the agent is quite positive as to the sufficiency of the Evidence, and desires your decision as soon as practicable. 
I am with quat respect your Obt Sevt 
H. Punam
M. C.
Page 59

Washn Dec 20 / 47 
Hon H. Putnam. 
Inc. letter of A. L. Lynde asking decision on Mrs McIntyre’s pension claim 
P629 October 27 / 47.
Pension Office 
Jane A. McIntyre 
Hon H. Putnam
HR
Page 60

Washington Decr 25. 1847 
(Mr Gordon Capital Hill) 
Hon Wm L. Marcy 
Secy of War, 
Dear Sir I examined the enclosed letter this morning from Mr. Lynde - I can perhaps in no better way perform the service requested by him, than by transmitting his letter to you.   
Will you have the goodness to inform me, as soon as your convenience will admit, the situation of the case of Mrs McIntyre and I will communicate to Mr Lynde. 
I am with great respect Your Obt Svt
Harvey Putnam
Page 61

Nov 20 47  
Warsaw N.Y.
Novr 13 /47 
A. L. Lynde 
Inq. about Mrs J. A. McIntyres pension claim 
L.166. Rec Novr 19 ‘47 
Pension Office 
Mr Ames
Oct 11 ‘47
Page 62

FREE
Hon W. L. Marcy
Secretary of War
Washington D.C.
[stamp] WARSAW NOV 13 NY
McIntyres L.
Page 63

Warsaw N.Y. 
Nov 13. 1847 
W. L. Marcy Esq 
The commissioner of Pensions has sent to me the pension certificate in the case of Mrs Sarah Byam widow of Jesse Byam deceased. 
In the case of Mrs. Jane Ann McIntyre in which I appealed to you from the Edwards decision long before I brought the appeal in the former case, I hear nothing either from yourself or Mr. Edwards.   
I have thought it not impossible that any communication setting to this Case may have been misdirected or miscarried but therefore I take the liberty to call your attention to it & to request an early answer. 
Very Respectfully Yours 
A. L. Lynde
Page 64

Warsaw N.Y. 27. Sept 47 
A. L. Lynde 
Has appealed from decision of Comr Pensions in the cases of Jane Ann McIntyre and Sarah Byam Alias Sarah Childs - asks action of Dept . 
L. 143. Oct 1 ‘47 
Pension Office Report.
Page 65

Warsaw N.Y 27th Sept 1847 
Hon W. L. Marcy 
A short time previous to your leaving Washington upon your recent tour I appealed to you from the decision of the Commissioner of Pensions in the case of the application of Jane Ann McIntyre for a pension.
During your absence I have appealed from a decision in the case of Mrs Sarah Byam also Sarah Childs, an applicant for a Pension. 
I perceive from newspaper statements that you have recently returned to Washington & I would beg leave respectfully to call your attention to these cases.  
I now expect to leave home soon to be absent several weeks & it is highly important to these widows that I should receive your decisions in these cases before I leave, if practicable.   
Very Respectfully Your Obt Servt 
A. L. Lynde
Page 66

Pension Office
August 28th 1847
Commissioner of Pensions
Report in the Case of Mrs Jane Ann McIntyre
Page 67

Pension Office  August 27th, 1847  
Sir
I have the leave to return the appeal of Mr Lynde in the case of Jane Ann McIntire, and to submit the following report upon it. 
A declaration (according to Mr Lynde’s account) was made for claimant, without any intercourse of communication with her upon the representations of her Grand daughter, Mrs Porter. In it the claimant is made to swear that as near as she is able to recollect, she was married about 1775 or 1776, and that “her husband did not enter the service until after their marriage.” This declaration, agreeably to the Jurat was sworn to and subscribed with a cross by claimant in June 1845. The evidence was insufficient, and the claimant, in January 1846 again subscribed with a Cross, a declaration in which she swears that her only living child, Christina Tracy was fifty nine years  old (born in 1786), and that she had two other children by Henry McIntire, also that Christina Henry two years older than Christina and John C. two years and a half older than Henry.  She also swore that
Page 68

a part of her husbands services were rendered after her marriage. The proofs were deemed wholly insufficient to show her marriage at either of the alleged dates, or her identity as the widow of that soldier who served in the Continental Army from May 1777 to June 1783.   
After it became apparent that the larger claim under the Act of 4th July, 1836, could not be sustained by any evidence satisfactory to the Department, the grand daughter (upon the grounds that claimant was superannuated, and incapable of giving any account of the important incidents of her marriage, life, &c)  makes a declaration for her under Act of 7th July 1838 thereby contradicting the material facts to which claimant had sworn, and which determined the character and amount of her claim.   In Mr. Lyndes letter of the 20th April last transmitting the declaration of the Grand daughter so essentially variant from that of the claimant, he undertakes to explain it by saying "the only data by which the old lady pretended to fix her claim was her supposed age at the date of her marriage, and when she made
Page 69

her declaration. On May the 10th he was informed that it was necessary for claimant, herself, to relinquish her claim formally made, and to assert a different one: see copy of letter of that date.  
On the 6th ultimo Mr. Lynde enclosed a packet of  depositions to meet the objections in nine of the 10th May, including one from the Grand daughter intended to shew that the claimant is in her dotage, and that the calculating of date of marriage, service after marriage to which the claimant had specifically sworn in her original and supplemental declarations were made by the "Old lady” as Mr. Lynde asserts in his letter of the 20th April but by the Grand daughter.  In his statement to you, it appears that he had seen and conversed with the claimant before he drew up her supplemental declaration in January 1846, and if she was in her dotage and incapable of affording any information upon the points required in a declaration as is now contended (and according to Mr Lynde proved) how come he to draw up that declaration containing a particular statement of dates and births to shew that at least part of her husbands service must have been rendered after marriage and why, when it was determined
Page 70

to assert through the Grand daughter another claim, he asserted that the errors of claimants declaration were miscalculations of the Old lady, [unreadable] to her age at that time and when she married.  The declaration drawn by him asserts that claimant had two children by McIntire  born before Christmas, who were born in 1785 or 1786, and their names given.  It now appears that Christina was the only child of the marriage with McIntire, and received, as only heir in the Bounty Land due Henry McIntire without any proof that her father was the Henry McIntire entitled to land.  Upon the exhibits had [unreadable] embraced in the foregoing analysis of the claim my letter of the 30th ultimo was drawn up which Mr. Lynde complains of and characterizes as Official arrogance but which is respectfully submitted by authorized by the facts and required by my duty.  
This case in the [unreadable] aspects it be
Page 71

examined in the [unreadable] of the Attorney, and his expectation of [unreadable] the facility for presenting and sustaining unfounded claim under our modified [unreadable] of evidence, and to explain adjudicating in particular [unreadable] a distrustful scrutiny, which might otherwise appear be stringent and harsh.
The papers in the case was submitted and they will shew that if there under Act of 1838 be true those sworn to under  Act of 1836 are false, and that the whole claim is condemned by the moves taken to establish it.  They are also insufficient to establish the [unreadable] facts of the date of the marriage and identity of her husband wit the soldier of that name, who was thirty years old in 1777, when he inlisted at [unreadable] Connecticut as a native of [unreadable] and resident of Salisbury.
I have the honor to be with very great respect
Your Obt Servt
J. L. Edwards
Hon J. M. Mason
Acting Secretary of War
Page 72

(copy)
Pension Office
May [unreadable] 1847
Sir
There is one other claim asserted by [unreadable] that under Act of 4th July 1836 which was presented by the Hon A. [unreadable].  She asserted under Oath that her husband enlisted for the War or for three years – that she was married to him in 1775 or 1776 – that he did not enter the service until after her marriage and that he died soon after the war.
The additional evidence forwarded by you would prove little that the declaration was made for her or she by falsified every material fact upon oath.  The claim under the Act of 4th July 1836 can only be withdrawn by her own Act and by [unreadable].  The testimony is not sufficient to certify her as the widow of the [unreadable] of Swift’s Regiment from Salisbury who was a [unreadable] to prove the date of her marriage
Page 73

I am very respectfully Your Obt Servt
(signed) J. L. Edwards
A. L. Lynde Esqr
Warsaw
New York
Page 74

J. L. Edwards Esq
Washington D.C.
Page 75

Warsaw New York 20th April 1847 
J. L Edwards Esq 
Enclosed please to find proof in the pension claim of Jane Ann McIntyre widow of Henry McIntyre. The claim was originally made under the act of 1836 while the proof shews her entitled to pension under the act of July 7 1838. The only data by which the old lady pretended to fix be claim was her supposed age at the date of her Marriage & when she made her declaration.  There was not a family record existing among the whole family & the old lady was so far superannuated as not to know her own age but supposed she was some 86 years old & that her husband served after the marriage in both of which she was greatly mistaken.  
I think the proof must be perfectly conclusive as to her claim under the act of 1838, 
Very Respectfully yours 
A. L. Lynde
Page 76

Buffalo 19th Nov. ‘46 
James L. Edwards Esq. 
Comr &c  
Dr. Sir Please examine the case of Mrs Jane Ann McIntyre & reply to the inquiries in her behalf, addressed to me at the City of Washington, & oblige.
Your obedt Servt 
W. C. Moseley
Page 77

Jane Ann McIntire 
NY
No. 13402 
under act of 7 July 38 
Admitted 
Pr. [private] 2 yrs $80 per annum 
com March 4. 1836 to 4 March 1848 
under Act 3 Feb 1848 from 4 March 1848 
H. Putnam 
Warsaw
NY
Page 78

House Reps April 4. 1846 
Sir
I send you herewith papers in the case of Jane Ann McIntyre for a Pension. Please examine and let me know the result. 
I have the honor to be by respectfully your Obt Svt 
Albert Smith 
Hon  J. L. Edwards Comr of Pension
Page 79

Anna Gregory being duly sworn according to law do on my oath depose & say that my maiden name was Anna Knickerbocker & that I was daughter of Abraham Knickerbocker formerly of Salisbury & Sister of Jane Ann Knickerbocker who married Henry McIntyre of said Salisbury. That I cannot state positively my age as I have no family record but that I am the next older child than my sister Ruth Hubbell and are some two or three years older than she is. That when I was a small child my sister the said Jane Ann Knickerbocker and the said Henry McIntyre were married or said to have been married and ever after the said marriage until his death lived together as husband & wife without reproach and were treated as such by my fathers family and their other friends, and I have no doubt of their having been lawfully married. That when I was somewhere from 12 to 15 years of age my parents moved from Salisbury aforesaid to Colchester in the County of Delaware & State of New York & within about two years my sister the said Jane Ann and her husband the said Henry also moved to said Colchester and lived there until the death of the said Henry which took place at the house of my brother Thomas Knickerbocker in Middleton about 40 years ago. That my brother the said Thomas Knickerbocker was about 15 years older thou myself according to my best recollection. That the said marriage of the said Henry & Jane Ann took place I think before I was 5 years old & they had lived together several years at Salisbury before my parents moved from there to Colchester & had a daughter named Christina or Lucretia McIntyre whose
Page 80

present name I am informed is Tracy 
Anna Gregory her mark
State of New York
Steuben County ss} Before me the subscribing Justice of the peace in & for said County personally come on this the day of February 1849. Anna Gregory to me well known to be a person of good character & entitled to credit & made oath to the truth of the foregoing affidavit by her subscribed & I certify that the said affiant is unable to write on account of old age & want of practice. 
Sworn and subscribed before me this 18th day of Feb 1848 
S. H. Palmer J P 
State of New York 
Steuben County} ss I Paul C. Cook Clerk of the said County do certify that S. H. Palmer before whom the preceding affidavit purports to have been sworn was at the date of the same one of the Justices of the Peace in and for the said County and that I am acquainted with his hand writing and verily believe his name subscribed to the said affidavit his proper hand writing and signature Witness my hand and seal of office this 17th day of February AD 1849 
P. C. Cook Clerk
Page 81

State of New York Tompkins County ss  
On this first day of March 1849 before the Subscriber a Justice of the peace in & for said County personally came Ruth Hubbell to me well known to be a person of good character & entitled to credit & made oath in due form of law. That she is sixty two years old was born at Salisbury Connecticut on the 25th day of May in the year 1786 as appears from a record of her age in her possession which she has had for many years & which was copied from the family record of her father Abraham Knickerbocker. That she has a sister Ann Gregory who was the next older child than herself and who is somewhere from 2 to 4 years older than herself. That see had a sister named Jane Ann who married Henry Intyre of Salisbury aforesaid. That at the date of her earliest recollection and when she was a small child the said Henry & Jane Ann were living together at said Salisbury husband and wife, and had a daughter named Christine McIntyre. who was of about the same age as this deponent and her playmate. That she can well remember the said Henry & Jane Ann living together as aforesaid with their family at said Salisbury long before he moved from said Salisbury to Colchester in the State of New York when I was from 8 to 12 years old. The said Jane Ann had a son, as I learned from my parents before her marriage with said McIntyre who was called when I first remember John C McIntyre, that the said Henry & Jane Ann McIntyre were reputed always since my recollection, both at Salisbury & Colchester, to be married persons and were treated and recognised as such by my parents & their other friends 
Ruth Hubbell X
Subscribed & Sworn to the day year above written before me  
John W. Osborn Justice of the peace
Page 82

State of New York 
Tompkins County ss 
I Norman Crittenden Clerk of said County do hereby certify that John W. Osborn Esq before whom the within affidavit purports to have been made was at the date of the same a Justice of the peace in and for said County commissioned and sworn and duly qualified to act as such and further that I am well acquainted with his hand writing and verily believe his signature to the jurat thereto is genuine 
In testimony whereof I have hereunto set my hand and affixed the seal of the said County at the this 14th day of March AD 1849 
N. Crittenden Clerk
Page 83

I Darius Knickerbocker do on my oath depose & say that I am 77 (seventy seven). years of age & was Son of Abraham Knickerbocker of Salisbury Litchfield County Connecticut & brother of Jane Ann Knickerbocker of said Salisbury who married Henry McIntyre of said town, that during the war of the revolution I well knew the said McIntyre who was absent from Salisbury, as was then & there well understood, reputed & believed, in the service in the Revolutionary army  during the great part of the War.  Except as he was occasionally at home on furlough.  
That after the close of the said was the said Henry McIntyre returned to said Salisbury and within three years of the close of the war was married to my sister the said Jane Ann Knickerbocker. This must have been about the year 1785 or 1786. I was not present at the said marriage but I know that the said parties were said to have been married & were treated as such by my parents and their other relatives upon the side of the said McIntyre as well as by those of Jane Ann, my said sister and after said marriage until the death of McIntyre, at Salisbury aforesaid & at Colchester lived together as husband & wife without reproach & were treated & regarded as married persons.   
About two years before her marriage as aforesaid the said Jane Ann Knickerbocker had an illegitimate son who was called John Chamberlain & after her Marriage called John C. McIntyre.  Within two years after a her marriage the said Jane Ann had a daughter who was called Christina or Lucretia McIntyre & who was of about the same age of my sister Ruth.  
I recollect the date of said marriage by various events.   It occurred within at Most 2 or 3 years after the close of the Revolutionary war. It occurred when I was about thirteen years of age and the said Henry & Jane Ann had been married some 8 or 9 years when parents & myself removed
Page 84

from Salisbury to Colchester in the State of New York. John Chamberlain was not over 2 years old when they were married & about 2 years after I removed with my parents from Salisbury to Colchester to I went back to Salisbury on a visit & when I returned to Colchester took John C. with me & he was at that time some 10 or 12 years old. My brother Thomas who was next younger than Jane Ann & was married to a daughter of Stephen McIntyre about 5 Years after Jane was married had been living with his wife several years before we moved from Salisbury to Colchester as aforesaid.  
Darius Knickerbocker his mark
L. C. Miles [unreadable] witnesses
State of Michigan
Washtenaw County} ss On this 12th day of March 1849 before subscriber a Justice of the peace in & for said County personally came Darius Knickerbocker to me well known to be a person of good character for veracity and made oath in due form of law to the truth of the foregoing affidavit by him subscribed.  
L. C. Miles 
Justice of the peace 
STATE OF MICHIGAN
WASHTENAW COUNTY} SS  I John C. Mundy Clerk of the County of Washenaw and the the Clerk of the [unreadable] Court of said County.  I hereby certify that L. C. Miles  before whom the annexed affidavit purports to have been taken was on the date of said affidavit a Justice of the Peace in and for said County of Washtenaw duly Elected and qualified to act as such and by law authorized to take the same, and that I am acquainted with the hand writing of the said L. C. Miles  and verily believe his signature to the within subscribed is genuine.  
 IN WITNESS WHEREOF I have [unreadable] my hand and affixed the seal of said County and [unreadable] fifteenth day of March 1849 
John C. Mundy Clerk
Page 85

State of New York 
Scoharie County} ss Be it known that before the Subscriber Cornelius Maham a Justice of the peace in & for said County personally came Thomas Knickerbocker who having been by me duly sworn according to law on his oath deposeth & says that he was born on the 24th day of October 1766 & is now upwards of 80 Years old. That during the war of the revolution & for several years after he resided at Salisbury in the State of Connecticut. That he had a sister older than himself whose name was Jane Ann Knickerbocker. That he well knew at Salisbury aforesaid one Henry McIntyre who had been a soldier in the American Revolutionary Army. That the said Henry McIntyre was married to the said Jane Ann Knickerbocker in the year 1785 or 1786. That he was not present at said marriage  but recollects distinctly when it took place.   That from and after the date of the said marriage the said Henry & Jane and lived together as husband & wife until the death of the said Henry McIntyre which took place at the house of this deponent in the town of Middle Town in the County of Delaware & State of New York.   
That he recollect the date of said marriage from several facts. 1st That the said marriage took place within 2 or 3 years after the close of the revolution. 2d From his own age at the time. 3d He married Betsy McIntye daughter of Stephen McIntyre in the year 1791 & he knows that Henry & Jane Ann were married some five or six years before his own marriage.   
Thomas Knickerbocker his mark
Subscribed & Sworn before me this his 26 day of March 1847 & I certify the said deponent to be a credible witness of 
Cornelius Mahan  Justice of the peace
Witness N. S. Peasler
Page 86

Thomas Knickerbocker
Brother of J. A. McIntyre born 1746
J. A. McI was married in 1785 or 6
Page 87

State of New York 
Schoharie County Clerks Office } ss. I Stephen Maham Clerk of said County, Do hereby certify that Cornelius Maham Esq. whose name is subscribed to the within deposition was at the date of the same a Justice of the Peace in & for said County duly Elected and sworn and authorized to to take the same, and further that I am well acquainted with the hand writing of the said Justice and verily that the signature to the said oath or Deposition is his genuine Signature.   
In testimony whereof I have hereunto set my hand  and affixed my official Seal this 14th day of April A.D. 1847 
Stephen Maham Clerk 
Scho Co.
Thomas Knickerbocker Brother of J. A. McIntyre 
born 1746 J. A. McI was married in 1785 or 6
Page 88

I John W Osborn do hereby certify that I am the Justice of the peace before whom Mrs Ruth Hubbell of Hector Tompkins County New York on the first day of March last made an affidavit relative to the intermarriage of her sister Jane Ann Knickerbocker with one Henry McIntyre a revolutionary soldier.  I do further certify that the said Ruth Hubbell is to me well known to be a person of good moral character and entitled to full credit as a witness. Dated at Hector this 20th day of July 1849 John W. Osborn J.P.   
We the subscribers Town Officers of Hector Tompkins County New York do hereby certify that we are personally acquainted with the above named Ruth Hubbell and that she is a person of good character & entitled to credit as a witness. Dated at Hector July 20. 1849 
Andrew Stoughton T. Clk 
I  D. Burr Wheeler Post Master at Mecklenburgh in the Town of Hector County & State aforesaid do hereby certify that the persons who have signed the above Certificates are Town Officers of said town as indicated by their signatures which all [unreadable] that they are highly respectable citizens of said town.  That I am not personally acquainted with the said Ruth Hubbell and cannot therefore certify of her good character & credibility. Dated July 20, 1849
D. Burr Wheeler P. M.
I hereby certify that I am personally acquainted with Mrs Ruth Hubbell of Hector and that she has a good moral character. Dated Hester July 20. 1849. Henry Fisk late a Judge of Tompkins Co. Courts
Page 89

In the matter of
Jane Ann McIntyre
Page 90

I Salmon H Palmer do hereby certify that I was the Justice of the peace before whom on the 15th February last Mrs Anna Gregory of the town of Colchester in the County of Steuben & State of New York mother of Mrs. Russell Gregory made an affidavit relation to the marriage of her sister Jane Ann Knickerbocker with Henry McIntyre a Revolutionary Soldier.  I do further certify that the said Anna Gregory is a person of good moral character and entitled to credit as a witness.   Dated at Avoca Steuben County New York July 19 1849  S. H. Palmer J.P. 
We the Subscribers Town Officers of the town of Colchester in the County of Steuben do hereby certify that the the above named Anna Gregory to be a person of good  moral character & that she is in the entitled to full credit as a witness. 
Stephen Hagadorn 
Darius Crosby } Supt of Con Schools for Colchester Litchfield
Sephman Florets – Supervisor
I am personally acquainted with Stephen Hagadom and Sephman Florets above named and by reputation with S. H. Palmer and Darius Crosby. They are all reputable men and good citizens-- to me there certificates would be sufficient evidence of the good character of Mrs Gregory - Dated July 26 1849 - D. Ramsey Esq
M. C. 30th Dist N York
Page 91

Warsaw Wy Co New York July 30 1849 
Hon Harvey Putnam M.C. 
Dear Sir 
Your favor enclosing the letter of Mr Edwards in the Pension Case of Mrs Jane Ann McIntyre Widow of Henry McIntyre was duly received.  
Edwards requires satisfactory evidence of the credibility of the witnesses to be furnished. I suppose he refers to the witnesses whose affidavits you had lately forwarded to the Secretary of the Interior, which were made by a brother and two sisters of Mrs McIntyre for the purpose of establishing her identity and inter Marriage with the said Henry McIntyre.   
As these persons are not personally known to you I have procured what appears to me to be the most satisfactory evidence of the credibility of the witnesses above mentioned & also of the Credibility of Thomas Knickerbocker another brother whose affidavit had been previously filed in the Pension Office.   
Will you please to forward the enclosed certificates to the Pension Office with such Suggestions to Mr. Edwards as you may deem proper under the circumstances. 
Very Respectfully 
A L. Lynde 
Col J. L. Edwards,  
Sir, By reformer to your letter referred to by Mr Lynde above, it seems the only remaining obstacle in the way was the absence of proper evidence of Character of the witnesses.  This Mr Lynde thinks is supplied in the papers within sent
Page 92

I will only add my desire in behalf of Mr Lynde that the papers will receive an early Examination as may be convenient.
With greatest respect [unreadable]
H. Putnam 
Attica  Augt 2. ‘49 
Hon. H. Putnam M. C. 
Attica N.Y.
Page 93

I Cornelius Maham do hereby certify that I am the same person before whom as a Justice of the peace in and for Schoharie County New York Thomas Knickerbacker a verry aged citizen of the Town of Blenheim in said County in the Spring or Summer of 1847 (the exact date I cannot State) made an affidavit relating to the intermarriage of his Sister Jane Ann Knickerbocker with one Henry McIntyre a Revolutionary Soldier. I further certify that the said Thomas Knickerbocker was the only person of that name then residing in said Town and that he then was and now is a person of good moral character and Entitled to credit as a witness. 
July 21st 1849 
Cornelius Maham Justice of the peace in and for the said County of Schoharie 
We the subscribers Town Officers of Blenheim in the County of Schoharie and State of New York do hereby certify that we are personally acquainted with Thomas Knickerbocker named in the above certificate and that we fully concur in the above certificate of his good Character and Credibility.  July 21st 1849 
Chauncey Vroman  Supervisor
Thos H. Knickerbocker  Town Clerk
David Shafer   Assessor
We the undersigned inhabitants of the Town of Blenheim in the County of Schoharie and State of New York do hereby certify that we are personally acquainted with Thomas Knickerbocker named in the above certificate and that we fully concur in the above certificate of his good character and credibility. July 21st 1849 
William Fink 
James Ferguson 
C. J. E. Patchin 
John Mayham 
Hager Shafer
Page 94

I Munson Morehouse Post Master at North Blenheim in the Town County and State aforesaid hereby certify that I am personally acquainted with the individuals who have signed the foregoing certificate and that I well know them to hold the above named offices and that their Several signatures are above written are genuine and that they are persons of high respectability in said Town. I further certify that I am personally acquainted with the said Thomas Knickerbocker and that he is a person of good character and entitled to credit.   
Dated at North Blenheim July 21st 1849. 
Munson Morehouse Post Master
Page 95

Letter of A. L. Lynde to H. Putnam
March 27 ‘49
Page 96

Warsaw N.Yk. 
March 27, 1849
Hon Harvey Putnam 
Dear Sir You will recollect that in the fall of 1847, I appealed from the decision of the Commissioner of Pensions in the case of Mrs Jane Ann McIntyre widow of Henry McIntyre a soldier of Col Swifts regiment of the Connecticut Line of the Continental army.  The Secretary of War delayed for months to examine the case & when he finally did it decided that the proof of marriage was insufficient. I prepared a review of Mr. Marcy's decision upon that point shewing conclusively as I think that the proof was all that is required by the act of 7th May 1846. See Session Laws of first session of 29th Congress Page 10, Sec 2d, "Nor shall any evidence, in any case, be required to entitle the widow to a pension, when the evidence is in the archives of the Government other than such proof as would be sufficient to establish the marriage between the applicant and the deceased pensioner in civil personal actions in a court of Justice.”  Mr. Marcy did not find time to examine that paper & the further examination of the case will devolve upon the Secretary of the Interior.   
Within a few months I have found another brother of Mrs McIntyre living near Ypsilanti Michigan & how through Rev Mr Marsh formerly of Nunda Livingston County obtained his affidavit. Mr Marsh informs me in his letter enclosing the affidavit.  That Mr Knickerbocker was obliged to make his mark on account of having left at home his Spectacles as he could not see to write without them
Page 97

I have also obtained affidavits from two sisters of Mrs McIntyre all of which I inclose.  I think this proof taken in connection with the evidence heretofore filed must be perfectly satisfactory.  
Will you please to call Mr. Ewings attention to the case & request his early examination of it.
 Very Respectfully 
A. L. Lynde
Page 98

2.
Reply to the Secretary decision
Hon Harvey Putnam Washington D.C.
Page 99

Hon Harvey Putnam 
Dr. Sir  Your favor of the 23d inst enclosing the decision of the Secretary of War upon the appeal from the decision of the Commissioner of Pensions in the Pension case of Jane Ann McIntyre widow of Henry McIntyre who was a private during the war in Col Swifts regiment of the Revolutionary Army was I received yesterday.  
I feel impelled by a sense of duty to again ask you to call the Secretary attention to this case & I do so the more readily from a conviction that the Secretary of war is not only willing but desirous to carry out the humain intentions of Congress in passing the law of July 7th 1838 & will be willing candidly to consider any suggestions in relation to his decision & if they should satisfy him that it is wrong, to reverse the same.   
It is presented that the press of business in the War Department at this time has perhaps unavoidably led to a less critical examination of the law on this point, then otherwise would have been made.   
I infer from the Secretarys letter that he does not deem the discrepancies in the statements of Mrs McIntyre in relation to the date of her marriage after the explanation of them which has been [unreadable] of sufficient importance to sustain a serious objection to this claim. Such mistakes are not of very unfrequent occurrence in the declaration of claimants of the my advanced age & feeble state of body & mind of Mrs. McIntyre & have never before to my knowledge been made a serious ground of questioning the validity of a claim otherwise fair & honest upon its face. Since my appeal in this case in Edwards himself has granted a pension in the case of Sarah Crandall under the act of July 7th 1838 while the claim originally set up was under the act of July 4th 1836 & the marriage
Page 100

alleged to have occurred before the close of the war.   Yet the proof showed the marriage to have occurred as late as 1784.  
I shall therefore assume that the proof now on file is satisfactory to establish the fact that the alleged husband of the claimant was the same Henry McIntyre who served as a private "during the war” in Col Swifts regiment & that the only question at issue is this "was he previous to January 1st 1794 the lawful husband of the present claimant”.    
Marriage is treated as a civil contract strictly in the Common Law & by Statute.   
It may be that in the examination of this case the following statute of the United States may have been over looked "Acts of the 1st Session 29th Congress Page 10 Chapter 13 Sec 2. nor shall any evidence in my case be required to entitle the widow to a pension when the evidence (of Service) is in the archives of the Government, other than such proof as would be sufficient to establish the marriage between the applicant & the deceased pensioner in civil personal actions in a Court of Justice”.  
No particular form of agreement or of solemnization can be considered as a prerequisite to valid marriage.   
It is enough that the parties agree to be husband & wife and an actual agreement of Marriage and not in any civil case be proved, but circumstantial and even hear say evidence are deemed sufficient in all our Courts to establish the fact of marriage. On this point see Fenton vs. Reed 4th Johnson (N. Y) reports page 52 & Cases there Cited Starr & others as Peck 1st Hills (NY) Rep P 270.    
In the case in 4th Johnson there was no proof of actual marriage between Reed & the wife of Guest, but the court say "strict proof is only required in Criminal prosecutions &c a Marriage may be proved from cohabitation reputation, acknowledgment of the parties reception in the
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family & other circumstances from which a marriage may be inferred."   
The case in Hill above cited is an interesting as on this point It was a case of Ejectment tried at the Albany circuit October 1840. Samuel Starr a young Sailor of Connecticut visited one Sarah Barnes by way of Courtship about one year & went to sea. It was rumored that they were to be married. He was detained at sea beyond his calculations & a few days before his return a daughter was born to Miss Sarah Barnes & was named Abby Starr.  When the child was about 10 days old the marriage of Mrs. & Mr. Starr was publicly solemnized & they lived together & had a son named Chauncy Starr.  
The land in question belonged to Samuel Starr the sailor.  The plaintiff claimed the whole of it as his heir of Chauncey Starr, the legitimate son of Samuel Starr, the defendant one half as the heir of Abby. The question of Abby’s legitimacy turned on the question whether Samuel Starr and Sarah Barnes were married before he went he to sea, to oppose that idea it appeared.   
1st That no positive proof whatever of the marriage before he went to sea existed 
2d The usual solemnization actually took place after my his return yet the court leave it to the Jury as a question of fact on which they are to pass whether they were we or were not married before he went to sea.   The Jury his said they were.   
On motion for a new trial the court (Cowen J) say "The parties had power to contract inter &c before the husband went to sea, without the intervention of a clergyman, such is the common law. We are to presume that the parties would not indulge in a connexion, which was immoral, not to say criminal, especially when they might the themselves alone have rendered it innocent by a marriage
Page 102

“contract per verba de presents we are to presume against a notorious act of immorality almost as strongly as we would against the commission of a regal crime no particular form of words is necessary to valid marriage. The evidence may be considered as quite strong  that Abbys parents were married before her birth" and the finding of the Jury is sustained.  
“For civil purposes reputation & cohabitation are sufficient evidence of marriage, Sense vs Bower 1. Pennsylvania Reports 450 Page. 
“Cohabitation & reputation of an ancient date are sufficient to prove a marriage in an action of dower Chambers vs Dixon 2 S & R 475.  
“After cohabitation of 20 years the validity of marriage will not be inquired into " 2 Vermont Reports 161.” 
It will be seen from the cases above cited that in civil personal acts and even real actions, or marriage may be proved by reputation & other ordinary circumstantial evidence the same as any other civil contract.
On a review of this case & any appeal it will be seen that the proof on file shows 
1d That no record evidence of this marriage exists either in the town of Canaan or Salisbury 
2d That there is no family record of the marriage of the parties or of the ages of their children kept by them in Existence 
3d That no person can be found who was present at the marriage (The sister of Mrs McIntye & the husband who were present were the only persons present, all both dead).   
4th The reputation of Marriage is proved by those connected with & related to the parties & conversant in the family which is the best proof existing.
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5d Several witnesses swear positively to cohabitation of from 5 to more than 20 years of the general understanding that they were married, & of knowing the fact by reputation from the time that it took place up to this.   
6th Henry McIntyre was among the number returned as being entitled to bounty land & that land has been granted to the surviving child of McIntyre & the present claimant among the papers upon which said land was granted will be found the affidavit of Mrs McIntyre as to her being the former lawful wife of Henry McIntyre. Papers of this character made at a time when the affiant had no claim against the Government & no interest of her own to subserve usually receive great credit & consideration in determining claims at the Pension Office for Pensions.  
It appears from the evidence of Thomas Knickerbocker (2 affidavits) that he was born in 1766 & eleven years old when McIntyre enlisted, knew him from a small boy & that he was a Revolutionary Soldier, That in 1785 or 1786 when he was about 20 years old the said Henry Mc Intyre married his sister the present applicant that he did not see them married but they were reputed to have been married & lived together as husband & wife from the said date of said marriage until McIntyre died at his house in Middletown New York.  Knickerbocker states the facts & circumstances by which he recollects the date of said marriage which shew very clearly that he cannot be mistaken. He also states the fact that the claimant was the mother of an illegitimate child before her marriage with McIntyre.
Page 104

It also appears from the evidence of Elihu Yale that he knew Henry McIntyre & his wife who was the daughter of Abram Knickerbocker living together as husband & wife at Salisbury & reputed to be more persons Soon after the Revolution & years before 1790.   
John Chamberlain the illegitimate child of the Claimant explains the facts about his parentage as he learned them from his mother & his evidence very strongly confirms that of the other 2 witnesses.   
The good moral character & credibility of all these witnesses are certified by the officers before whom they were sworn.   
It is respectfully submitted to the Secretary of was that the authorities above cited shew that the proof already filed in this case more thou satisfies the requirements of Sec 2 of the act of 7th May 1846 above cited.  The proof of the service is in the archives of the Government.   
The letter of the Secretary of War of 21 March 1848 in this case contains the following "The effect of the evidence of her brother Thomas Knickerbocker & of Elihu Yale is destroyed by the fact set forth in the declaration that there were one or two children born previous to the alleged marriage.  
I would call the attention of the Secretary to the following facts.
1.  It appears that she had only one child before her marriage with McIntyre 
2d It appears positively that that one child was a bastard by another man named Chamberlain & the bastard child himself explains this fully.   
John Chamberlain, Thomas Knickerbocker & Elihu Yale are the very persons who above are deemed competent in all our Courts in civil personal & real actions to prove pedigree by reputation Sec 5 Cowen 237 & 8 Johnson 99. & Cases cited.
Page 105

In conclusion I can but express the belief & hope that a careful examination of this case will fully satisfy the Secretary of War that a Pension certificate ought to issue to Mrs McIntyre without further evidence or delay. 
Very Respectfully Yours 
A. L. Lynde 
Warsaw N.Y. 31st March 1848
Page 106

Warsaw New York Dec 21, 1847 
Hon Harvey Putnam 
In the month of August last I appealed to the Secretary of War from the decision of the Commissioner of Pension in the Pension Case of Mrs Jane Ann McIntyre widow of Henry McIntyre deceased & although I have since called the attention of the Secretary to this case, I have not to this day received his decision.   
It is now morly three years since the prosecution of this claim was undertaken by Lynde & Andrews & I have travelled several hundred miles in pursuit of proof & expended a large amount of money & have at last as I think finally succeeded in fully & clearly establishing a claim for a full pension under the act of July 7th 1838.  
Mrs McIntyre has during a part of this time been compelled to ask aid from the public authorities & is now at a very advanced age, in deep poverty & great in need of the sum to which she is entitled to render her last days comfortable.   
It is not impossible that owing to the great prepose of business of the War Office, the Secretary may have felt compelled to delay for a season the examination of the some what large amount of evidence which has accumulated in this Case.   
Will you do me the favor to call or Mr. Marcys attention to this case & request him to furnish his decision & order in this case or soon or practicable & greatly oblige. 
Respectfully Your obt Servt 
A. L. Lynde
Page 107

In case of the application of Jane Ann McIntyre for a Pension 
Appeal to the Secretary of War 
Warsaw N.Y. Aug 9 / 47 
A. L. Lynde 
L.114  Rec Aug 16 / 47 
Pension Office D C.
Page 108

To the Honorable William L. Marcy Secretary of War 
I respectfully appeal to you from the decision of the Commissioner of Pensions in relation to the application of Jane Ann McIntyre for a Pension under the act of July 7th 1838.   
Early in the month of April 1845 the late firm of Lynde & Andrews of which I was a member received & from Mrs Mary Ann Potter of Ellicottville New York a letter requesting us in behalf of her grand mother Mrs Jane Ann McIntyre to prosecute the claim of the said Jane Ann to a pension on account of the Revolutionary services of her deceased husband Henry McIntyre.  
Soon after receiving this letter I wrote to Mrs. Potter consenting to prosecute said claim & asking further information as to the services of the said Henry McIntyre, his residence at the date of his services, Mrs McIntyres maiden name & the place & date of their marriage &c. 
After receiving an answer to that letter & writing one more to Mrs. Potter I left home on the 8th day of May 1845. & was absent until the 21st day of June.   
On my return I found that the last letter sent by me to Mrs Potter before leaving had been answered during my absence & that my partner Mr Andrews had in accordance with the information furnished by Mrs. Potter & in compliance with her request, prepared & sent to Mrs Potter to be executed by Mrs McIntyre a declaration, also affidavits to be executed by Mrs Christina Tracy & Arnold Holden Esq all of which were received by us at Warsaw duly executed soon after my said return.   
In the month of October 1845 I called upon Mrs Potter at Ellicottville to see her in relation to the said pension claim & also visited Mrs McIntyre at Otto & conversed with her in relation to it
Page 109

Previously to my going to Ellicottville & Otto as aforesaid I went to Cameron in the County of Steuben to see two sisters of Mrs McIntyre who were living in that town or vicinity, in order to learn of them such facts as they might possess relative to the marriage of Henry McIntyre & Jane Ann Knickerbocker & to take their affidavits if I should deem it advisable.   
On seeing then I was unable to get any definite information from them as to the date of the said marriage & found that neither of them had records of the ages of themselves or of their fathers family & both were too young to be able to furnish the available evidence.   
At the time of my visiting Otto as aforesaid I learned from her & her daughter, Mrs Tracy, that she had a son whose name was John C. McIntyre & who when last known to her which was from 15 to 20 years ago resided at a place called Little Scipio in the present the County of Livingston, & who she informed as she had been told, had removed to other part to her unknown & died.  
Within a few days after my return from Otto I went to Little Scipio, & made diligent inquiry for said John C. McIntyre but was utterly unable to find him or to ever have anything about him.   
In the month of October 1845 & Feb 1846 I wrote to Mrs Ruth Hubbell a sister of Mrs McIntyre who was then as she alleged 59 years old & a little older than Mrs Tracy, aforesaid inquiring in relation to old family record of her father Abraham Knickerbocker who I was informed had died at her house. In reply Mrs. Hubbell informed me that her father kept a record but she could not tell what had become of it.   
Before this date I had sent to Salisbury in Connecticut the place of the alleged marriage of her & Mrs McIntyre & carved that there was no record of said Marriage.  
On the 30th day of march 1846,
Page 110

of said Marriage.   
On the 30th day of March 1846 having been unable after the most diligent search to discover any evidence conflicting with or even discrediting the claims of Mrs McIntyre I sent to Hon Albert Smith [unreadable] the aforesaid declaration of Mrs McIntyre claiming a pension under the act of July 4th 1836, also the affidavits of Christina Tracy & Arnold Holden Esq. & a supplemental declaration of Mrs McIntyre all of which are now on the files of the Pension.   
In the month of April 1846 I received Mr. Edwards letter of the 13th of April requiring further evidence & proof of the marriage & I immediately requested and agent in Connecticut to visit Salisbury, Cannan, Sharon & Cornwall in search of the evidence required by the Commissioner, which he did in the fall of 1846 & procured & caused to be procured & sent to him the affidavits of Elihu Yale,  F. K. Kellogg & the town Clerks of Canaan & Salisbury all of which are now on file in the Pension Office.   
In the Summer of 1846 I learned from Mrs McInty her friends that she had a brother named Thomas Knickerbocker who was younger than herself & who some 30 years ago resided in Colchester, Delaware County, but who as they had been informed had removed to Michigan several years ago & died. I immediately opened a correspondence with individuals at Colchester in order to learn from them the place to which Thomas moved when he left Colchester. Mr Sebre G Stevens commenced a thorough inquiry among the aged people of Colchester & while conversing with an aged Sally of that town on the subject, a stranger who was present & heard the conversation informed him that there was an aged man of the name of Thomas Knickerbocker living at Blenheim Scoharie County N. Y. & on further inquiry Mr. Stevens satisfied himself that the individual was the person I desired to find & so informed me by his letter of the 29th October 1846.
Page 111

Immediately after receiving Mr Stevens letter I opened correspondence with an individual at North Blenheim in order to learn whether Mr Thomas Knickerbocker was living near that place was brother of Jane Ann McIntyre &c In the month of January 1847, I was informed by J. H. Knickerbocker son of Thomas Knickerbocker for his father as follows Thomas Knickerbocker of Blenheim is brother of Jane Ann McIntyre was 80 years old Oct 24th 1846.  Jane Ann is between 82 & 83 years old was married about 1785 or 1786. That he recollect the date of the marriage to by his own age & marriage & that after their marriage they lived at his (T Knickerbockers) fathers in Salisbury &c. I subsequently wrote another letter making further inquires as to his particular knowledge of the marriage & after I had received his answers I prepared an affidavit in accordance with his statements & sent to him to be executed.  But before I sent the said affidavit to Thomas Knickerbocker I determined to make another effort to find John C McIntyre & having learned the names of his wife relatives & their places of residence when last known through them formed the said John C McIntyre living & known by the name of John Chamberlain which is his true name he being on illegitimate child of Mrs McIntyre before her marriage, of which facts I had previously no knowledge or suspicion whatever.   On the 20th day of April 1847, I sent to Mr. Edwards the proof referred to above as having been obtained by my agent in Connecticut & the affidavit of Thomas Knickerbocker above referred to & called the attention of Mr Edwards to the discrepancies between the declaration on file & the proof which I then sent & informed him according to my best recollection that the same were attributable to the very advanced age & Superannuated condition of body & mind of Mrs McIntyre when
Page 112

the declaration was made, Mr Edwards in reply on the 10th May 1847, said that the additional evidence would prove either that the declaration of Mrs McIntyre was made for he or that she had falsified every material fact upon oath and that her claim under act of 4th July 1846 could only be withdrawn by her own act and by asserting another, further evidence of identity & of the marriage was required.   
In the spring of 1846 in April or May I called to see Mrs. McIntyre at the house of Mrs Porter in Ellicottville & then learned more than I had ever before learned in relation to the State of her memory &c and as to how she had appeared when she made the declaration & previous thereto & whenever I subsequently saw her I discovered that she would frequently make very incorrect & contradictory statements in relation to the circumstances & occurrences of the Revolution & events which occurred subsequently & in relation to which I had obtained information in prosecuting her claim.   
When I first visited her at Otto in the fall of 1845 I saw her but a short time & asked her a few questions about her marriage, the ages of her children, the name age & residences of her own brothers & sisters &c which she had answered with the aid of her daughter Mrs Tracy & not discovering any discrepancies between the statements then made & her declaration I concluded that the latter was probably correct although I should not on account of her great age & superannuated condition of body & mind at that time, have placed any great reliance upon her statements then made except as they appeared to be corroborated by other facts & circumstances.  
On the 20th May last I went to Ellicottville & Otto conversed freely with on Israel Day late Judge of Otto of 
Otto & conversed with her in relation to in
Page 113

Cattaraugus County, Mr John Potter & Mrs Mary Ann Potter his wife of Ellicottville & other persons in Otto & from information obtained from them satisfied myself that as I had previously supposed at the date of the declaration Mrs McIntyre was so superannuated, broken down in body & mind as to be incapable of making a reliable statement of her own claims that consequently her right ought not to be prejudiced by her mistakes.   
Having learned the various facts going to establish the foregoing conclusion I prepared a declaration which was executed in Surrogate Court, by Mrs Potter in behalf & for the benefit of her grand mother, Mrs McIntyre, claiming a Pension under the act of July 7th 1838. & I drew several affidavits to be executed by Mrs. Potter & several other persons setting forth the facts in relation to the superannuated condition of Mrs McIntyre at the date of her original declaration & explaining on the part of  Mrs Potter the circumstances under which the disclosure was made. I also procured from and Thomas Knickerbocker another affidavit more fully establishing the identity of the husband of his sister with Henry McIntyre who served in Swifts Regiment.  Also the affidavit of Mr John Chamberlain as to his birth, parentage &c The affidavit of Mrs Potter above referred to was prepared by me at Ellicottville & the several dates of the facts & circumstances therein narrated were fixed by reference to various letters & other memoranda in our possession relating to said Pension Claim.   
Mrs Potter I think signed the declaration affidavit by a cross, I am my confident that at the time her declaration was made she remarked that she had in her youth learned & since been in the practice of writing but that latterly on account
Page 114

of ill health & the want of practice it was very difficult for her to write & therefore she preferred to sign by a mark. 
About the 15th day of July last I sent to the Pension Office the said declaration & affidavits last above referred to and the affidavit of Thomas Kinckerbocker & John Chamberlain.   
On the 6th of August instant I received Mr. Edwards very offensive letter of the 30th of July last in this case, in which we are very pompously informed by implication at least. what fools & knaves we are as well as notified of the of the guilt & punishment assigned by the act of March 1823 to all who participated in preparing uttering or transmitting the original declaration and proofs now controverted by these depositions to the Pension Office. The [unreadable] remark in relation to the fact that Mrs Potter signed her of affidavit by a cross & therefore must be incompetent to remember & State the dates of events which have occurred within about two years past is in perfect keeping with the other parts of this marked ebullition of official arrogance.  
My only apology for troubling you with so lengthy to an explanation of my connection with this case at a time when your time & attention must be greatly regressed by other important duties must be founded in the very offensive imputations contained in that letter & which seemed to require an answer.  
In conclusion I would respectfully submit to  the Secretary of War that a careful inspection all of the papers on file in this case will shew the following facts That Henry McIntyre a resident of Salisbury in
Otto & conversed with her in relation to it.
Page 115

the State of Connecticut enlisted into Col. Swifts Regt  in 1777  for during the war & served until the end in 1783.  
2d That the said Henry McIntyre Married Jane Ann Knickerbocker, also a resident of Salisbury in 1785 or 1786 at Salisbury or Canaan. 
3d That the said Jane Ann now widow of the said Henry McIntyre in the present claimant.  
4th That the mistakes of the claimant in her original declaration are justly attributable to intellectual debility & that by them her rights should not be prejudiced.
5d The proof upon which the warrant for the Bounty land due to Henry McIntyre for his said services was in 1832 issued in favor of Christina Tracy the daughter of the present claimant fully corroborate & confirm the present claim of Mrs McIntyre & to said papers reference is hereby made.   
I would request that you may at your early convenience revive the evidence & correspondence in this case together with the papers last above referred  & make such order in relation to the same as to you shall seem just & proper.  
I and with great respect Your obt Servant
A. L. Lynde 
Warsaw Wyoming County this 9th day of August 1847}
Page 116

State of New York 
Wyoming County } SS Before the Subscriber a Justice of the peace in & for said County personally came Albertus L. Lynde to me well known as the person who signed the annexed instrument in writing & on his oath by me to him duly administered according to law declared that all the facts & circumstances set forth in the said written instrument so far as relates to his own acts are Just & true according to his best knowledge & belief & as to these facts which relate to the acts & doings of other persons he has no doubt of the truth of the same as set forth.   Witness my hand this 10th day of August 1847 & I certify the said deponent to be a person of good moral character & entitled to full credit.   
J. W. Knapp Justice 
Otto & conversed with her in relation to the
Page 117

350
3500
July 12 1847
Jane Ann McIntyre
NY
J. L. Edwards
Washington D. C.
Page 118

Warsaw New York 6th July 1847 
J. L Edwards Esq 
Enclosed I send declaration & proof in case of the claim of Jane Ann McIntyre to a pension.   
I trust that the explanation of the former mistakes in this case will be satisfactory & that the proof will be deemed amply sufficient to authorize the issuing of the certificate of pension.  
I might confirm Mrs. Potter affidavit in many important particulars if necessary but I must think it entirely unnecessary.   
Respectfully Yours A. L. Lynde
Page 119

Thomas Knickerbocker
my name and affixed my official seal this 1st day of July 1847
Stephen Maham Clerk
Schr Co.
Page 120

State of New York 
Schoharie County } ss Before the Subscriber a Justice of the peace  Cornelius Maham in & for said County personally came Thomas Knickerbocker to me well known to be a person of good character & made oath in due form of law that he is the brother of Jane Ann McIntyre the wife of Henry McIntyre. That at the date of & previous to the Revolution & for some years after he resided at Salisbury. That from the time when he was a small boy & almost from his earliest recollection he knew the said Henry McIntyre who resided at said Salisbury in Litchfield County Connecticut & was a brother of Stephen McIntyre, a prominent man in Salisbury. That the said Henry McIntyre had a brother who resided in Sharon the town next south of Salisbury whose name was Benjamin McIntyre. That deponents sister Jane Ann Knickerbocker had a son previous to her marriage with the said Henry McIntyre whose name after said marriage was called John C. McIntyre & who was at the time of said marriage less than two years old. That the said John C McIntyre learned the trade of a blacksmith of this deponent.  That this deponent well knows that the said Henry McIntyre was absent from home during the revolution and was then understood at Salisbury was serving as a soldier in the Revolutionary Army & several times came home on furlough & was then reputed to be a soldier. That this deponent has been frequently informed by the said Henry McIntyre that he served during nearly the whole war & belonged to the regiment of Col Heman Swift of Cornwall & he did not doubt the truth of said Statement. That the said Henry McIntyre was a shoemaker.  That he never knew any other Henry McIntyre in Salisbury.  
Thomas Knickerbocker  his mark
Subscribed & sworn to before me this 18 day of June 1847 & I certify said witness to be entitled to credit [unreadable] 
Wilheram Kennon
Page 121

the within Thomas Knickerbocker the subscriber to the within affiant was personally Before me and this 18th day of June in the year of our Lord 1847 
Cornelius Maham  Justice of the peace 
I herby Certify that William Froman the subscriber my witness the to the other affidavit is of a good moral Character 
Cornelius Maham Justice of the Peace
State of New York
Schoharie County } ss I Stephen Maham Clerk of the said court do hereby certify that Cornelius Maham the [unreadable] subscribing to the foregoing Deposition and before [unreadable] the same was taken was on the 18th day of June 1847 a Justice of the Peace in and for said county and duly authorized to take the same and that I am well acquainted with the hand writing of said justice and verily believe that the name Cornielius Maham subscribed to the said Deposition is his proper & genuine signature.
In testimony whereof I have hereto set my hand and affixed my official seal this 1st day of July 1847.
Stephen Maham Clerk
Scho Co.
Thomas Knickerbocker
Page 122

9-
Page 123

State of New York 
Cattaraugus County } ss I Francis E. Baillet Clerk of said County hereby certify that at the date of the annexed affidavit Israel Day, George W. Gillet & Philander Griffith Esqr who have subscribed the same as Justices of the peace were such Justices in & for said County of Cattaraugus duly Elected & qualified & that the several signature to said affidavits are genuine.   
In witness whereof I have hereunto set my hand & seal of Office at Ellicottville this 14th day of in the year 1847. 
F. E. Baillet Clerk
Page 124

State of New York 
Cattaraugus County ss Before the subscriber a Justice of the peace in and for said County personally came Mr John Potter to me well known to be a person of good credit and character and on his oath by me to him duly administered according to law deposeth and said that he has been acquainted with Mrs Jane Ann McIntyre for the last fourteen years and has seen her as often as once month or more during that time.  That she resided in his family about twelve months during the years forty five and forty six and that during that time he found her mind and memory had failed her extremely so much so that she would seriously ever rotate any event however recent twice a like and would frequently forget her most intimate acquaintance untill told who they were and if he was absent a day or two at a time she would not recollect him when he returned, untill told who he was. 
John Potter
Subscribed & sworn before me this 7th day June 1847 and I certify that the said John Potter to be entitled to full credit. 
Israel Day Justice
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State of New York
Cattaraugus County } ss Before the Subscriber a Justice of the peace in & for said County personally came Israel Day late of Judge of Cattaraugus County & a highly respectable citizen of said County who being duly sworn according to law on his oath deposeth & says that several years ago this Jane Ann McIntyre employed him to obtain a pension for her on account of the services of her husband Henry McIntyre in the revolution. That he sought to find proof of her marriage but did not succeed & for that reason made no further efforts in the prosecution of the said claim. That at that time the mental faculties of the said Jane Ann McIntyre were quite good for a person of her age.  That he has occasionally seen the said Jane Ann within two or three years last past & that he has discovered at those times that the mind of the said Jane and was very seriously impaired by age that she had become very weak & childish.   That he has made diligent search for the records last kept by him in relation to said claim has been unable to find them & believes them to be lost. 
Israel Day 
Subscribe & sworn to before me & I certify the said Israel Day to be entitled to the most perfect credit as a witness this 31st day of May 1847 
G. W. Gillet Justice
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State of New York 
Cattaraugus County} ss Before the Subscriber a Justice of the peace in & for said County personally came Mrs Mary Ann Porter to me well known to be a person of good credit & character on her oath by me to her duly administered according to law deposeth & says that she is the grand daughter of Jane Ann McIntyre who is the widow of Henry McIntyre deceased. That in the month of March 1845, she first wrote to Messrs Lynde & Anderson at Warsaw New York in behalf of her grand mother to employ them to obtain for her the pension due to her on account of her husbands services in the revolutionary war. That in the month of April I went to see her said grand mother to learn from her in answer to the inquiries of the said Lynde & Andrews. What was her present age. What was her maiden name. Where the said Henry McIntyre lived at the date of his services: when where she was married to the said Henry McIntyre & for how long & under what officers he served in the revolution. & whether they were married before or after the services of the said Henry McIntyre.   That in relation to the date of the marriage & whether it was before or after the services of the said Henry she was not able to satisfy herself except by making calculations from the supposed age of her said grand mother at the then present time & her age as near as she could learn at the date of her marriage. That her said grand mother had no record of her own age of the ages of her children that as near as she could learn she thought she was at that date about 88 or 89 years old & that the was married when she was about 18 years of age from all of which she concluded that they were married in 1775 or 1776. That she was further confirmed in this opinion by the supposed age of the son of the said Jane Ann McIntyre who she
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at the time supposed was the legitimate child of the aforesaid Henry & Jane Ann McIntyre & who she at the time believed to have been the oldest child of the said Henry & Jane Ann & to have deceased some years previously she having many years ago been informed by one William Briggs an acquaintance of her family of the said John C McIntyre the said supposed oldest child that he the said John C. had removed from his former place of residence & died. That she supposed the said John C Was several years older than her own mother Mrs Christina Tracy who is the daughter of the said Henry & Jane Anne McIntyre. That she never knew or had heard an intimation until yesterday that the said John McIntyre was not the legitimate child of the said Henry & Jane Ann McIntyre.   
That having from all that she could learn and arrived at the conclusion that the said Henry McIntyre & Jane Ann Knickerbocker were married in the year 1775 or 1776.  She so informed the said Lynde & Andrews & She also informed them that the said Jane Ann was failing so fast that if it was necessary that she should make an affidavit or other papers relating to her claim in her life time, that the said papers ought to be sent to her to be executed without delay as she did not think soon live long.  That soon after a declaration was sent & she went with Judge Chamberlain to Otto & her grand mother.   The said Jane Ann McIntyre executed the same before me.  
That at the time of the making of the said declaration & at the times when the visited her said grand mother in the Spring of 1845 to converse with her relative to the said Pension claim She found her very much broken down & her mental faculties
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visited her said grand mother spring of 1845 to converse with her relative the said Pension claim  she found her very much broken down & her mental faculties so impaired by age that she was entirely unable to get any definite or precise information as to the date of her marriage or whether he said husband served after the marriage or not except by the calculations aforesaid that the said Jane Ann would sometimes say it was before & sometimes after the services of her said husband the said Henry M Intyre.  That at one of the times when she visited the said Jane Ann in the spring of 1845 She did not know this deponent until she was told who she was, not withstanding that she has been in the habit of visiting & seeing her & living in her family occasionally every year for a number of years last past.   That since the making of the said declaration & in the winter of 1845 & 6 & the spring of 1846 the said Jane Ann McIntyre lived for several months in the family of this deponent & that she was very forgetful, not remembering one day the things which had occurred in the family on the few days previous & of which she was at the time of their occurrence fully cognizant.  That at the time when the said Jane and make the said declaration she in the opinion of this deponent was entirely incompetent to make a correct statement of the facts therein contained & that the reason why she had her make the same was that at the time she supposed it must necessarily be made by her & that no one besides her could make it for her as she was living & that in having it made by the said Jane Ann she endeavored conscientiously to arrive at the facts as they & ever & have them so stated & that at that time she
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verily believed all the material facts contained in said declaration to be just & true.  She further says that in the Spring & winter of 1846 when the said Jane Ann McIntyre resided in her family she would frequently mistake other people who came into the house for deponents husband John Porter & call them & address them by his name.  
Mary Ann Porter 
Witness Viona Lampkin
Subscribed & Sworn to before me day of June 1847 & I certify the said  Mary Ann be a perfectly credible witness 
Israel Day Justice of the Peace
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Cattaraugus County }ss Before the Subscriber a Justice of the peace in & for said County personally came Christina Tracy to me well known & made oath in due form of law that she is the daughter of Henry & Jane Ann McIntyre.  That the said Jane Ann McIntyre in the spring of 1845 & for a long time previous had resided with deponent. That previous to the Spring of 1845 the said Jane Ann McIntyre had become so imposed in mind that she frequently did not know persons who were her neighbors & acquaintances who came into the house where she was until told who they were,  that she frequently discovered by the conversation of her said mother in relation to events which transpired many years ago that the said Jane Ann McIntyre made great mistakes & stated the said things & events very differently from what she used to state in relation to the same events when her memory & other mental faculties were good & very differently from what she well knew of her own knowledge to be true in relation to my of such facts & circumstances.  That she knows that her said mother was unable then to give a correct statement of the events of her youth that & that it was with great difficulty that the grand daughter of the said Jane Ann was able to obtain any tolerably satisfactory statement in relation to her claim to a pension.   That the said Henry McIntyre was a shoe maker. 
Witness Flora Lamphere 
Christina Tracy her mark 
Subscribed & sworn to before me this 11th day of June 1847 & I certify the said Christian Tracy to be entitled to full credit as a witness
P. Griffith Justice
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State of  New York 
Cattaraugus County } ss Before the Subscriber a Justice of the peace in & for said County personally came John Tracy & made oath in due form of law that he resides in Otto in the County of Cattaraugus & State of New York. That in the spring of 1845 he was neighbor to & well knew his Jane Ann McIntyre the mother of Christina Tracy & grand mother of Mrs Mary Ann Porter. That he well knows that the said Jane Ann McIntyre was at that the very much superannuated & broken down in her mind that he had at that time resided near her for a number of years & been in the habit of seeing her every few days. That at that date the said Jane Ann McIntyre had become very childish & he frequently observed that her memory had failed from her conversation in relation to events then passed. That in his opinion the said Jane Ann McIntyre was at that the entirely in competent to make a correct statement of facts & circumstances which occurred many years previous & with which she was at the time connected & conversant. That he is not related to the said Jane Ann McIntyre.   
John Tracy his mark
Witness Flora Lampher
Subscribed & sworn to before me this 11th day of June 1847 & I certify  that the said John Tracey is person of good character & entitled to full credit as a Witness 
P Griffith, Justice
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State of New York 
Cattaraugus County } On this 13th day of January 1846 before the Subscriber a Justice of the peace in & for said County personally came Jane Ann McIntyre of Otto in said County which by me duly sworn according to law on her oath makes the following sub declaration in order to obtain the benefits of the provision made by the act of Congress passed July 4th 1836.   That she is the widow of Henry McIntyre who was a soldier in the American revolutionary army that she was married to the said Henry McIntyre in the town of Canaan in the State of Connecticut but that she & her husband at that time resided in the adjoining town of Salisbury.  That she has no record of her marriage to the said Henry McIntyre. That her only child now living is Christina Tracy who is now fifty nine years old that she had two others by the said Henry McIntyre who were older than the said Christina Tracy, said Henry who was about two years older than Christina and John C. who was one and one half years or more older than Henry.  That she has not intermarried since the death of her said husband but remains his widow.  That a part of the said revolutionary service of her said husband were rendered after her marriage to him & that after her marriage to him and being a part of the service of her said husband she resided in the town of Sharon near Salisbury.   That her said husband was not in his life time the owner of any lands.  
John Potter Witness 
Jane Ann McIntyre her mark 
Subscribed this 13th day of January 1846 
Israel Day a Justice of the Peace
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6092
Henry McIntyre
Enlisted May 2 1777 War
Capt [unreadable] Col. Swift Co
Issued Land Warrant 1880 issued Act.
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State of New York 
County of Cattaraugus ss}
I Francis E. Baillet Clerk of the County Court of Common Pleas of Cattaraugus County certify that Israel Day Esq. is a Magistrate as above, and that the foregoing signature purporting to be his is genuine. 
In testimony whereof I have hereunto affixed my seal of office and subscribed my name this 14th day of January A.D. 1846. 
F. E. Baillet Clerk 
2
Reference is hereby made to the papers upon which bounty Land Warrant No 1880 for 100 acres was issued to Christina Tracy Oct 4th 1832 for proof of the identity of the within claimant & her marriage to said Henry McIntyre 
A. L. Lynde Agent
6692
Henry McIntyre
Enlisted May 2 1777 War 
Capt [unreadable] Col. Swift Co Issued Land Warrant 1880 issued Act 6 1832 per 100 acres to Christian Tracy only surviving child.
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2
Reference is hereby made to the papers upon which bounty Land Warrant No 1880 for 100 acres was issued to Christina Tracy Oct 4th 1832 for proof of the identity of the within claimant & her marriage to said Henry McIntyre
A. L. Lynde Agent
6692
Henry McIntyre
Enlisted May 2 1777 War
Capt [unreadable] Col. Swift Co Issued Land Warrant 1880 issued Act 6 1832 per 100 acres to Christian Tracy only surviving child.
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A. L. Lynde
Agt May 17 ‘ 45
1880
Rev
Apl 29 ‘45
[stamp] WARSAW N. Y. APR 25
Mr. Gordon
Rec’d April 30th 1845
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Rev
Apl 29 ‘45
[stamp] WARSAW N. Y. APR 25
Mr. Gordon
Free
J. L. Edwards Esq
Commr of Pensions
Washington City D. C.
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J. L. Edwards Esq
Dr. Sir
It is claimed that Henry MackIntyre who resided at Salisbury in the State of Connecticut served in the revolutionary War was to them and thereof and that a Bounty land warrant has been issued to his widow for the land to which he was entitled.  
1st Will you do me the favor to inform the whether any application has been made for such land.  2d Has a warrant be issued & to whom.
3d If application was made & no warrant issued please furnish me with copies of the correspondence in the Case at your early convenience.  
Respectfully yours A. L. Lynde
May 7th 1845 Informed Mr Lynde, that warrant No 1880, for 100 acres under the 6th Oct 1832, to Christina Tracy daughter, sole heir at law of Henry M Intyre decd who was a private in the Connt Service  and the same sent to her Attorney Mr. Lewis McKelsey at Albany N York