Revolutionary War Pension and Bounty Land Warrant Application File R. 7058, for David Maybee, New York

SERVICE
NUMBER
New York
Maybee, David
W. 7058
CONTENTS

30. 624
David Maybee New York
7058
Return e 76
Henry Skinner Union Square Osceola County N.Y.

WAR DEPARTMENT,
Pension Office,
Sir:
The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in a tabular form. On comparing these papers with the following rules, and the subjoined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will shew what is necessary to be done. Those points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus: { ). You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your claim.
A Statement, showing the Service of David Maybee
   Period when the service was rendered. Duration of the claimant's service. Rank of the claimant. Names and rank of the Field officers under whom he served. Age at present, and place of abode when he entered the service. Proof by which the declaration is supported.   Years. Months. Days.     Spring 77 4 " " priv. Capt Dygert Col Willard 72 - Conesville N.Y.  
I am, respectfully,
Your obedient servant,
JAMES L. EDWARDS,
Commissioner of Pensions.
Further proof required —

REGULATIONS UNDER THE ACT OF JUNE 7, 1832.
The following regulations have been adopted:
This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army, and to include under the terms "Continental Line," "State troops," "militia," and "volunteers," all persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, &c., Teamsters, Boatmen, &c. Persons who served on board of private armed vessels are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service.
Four general classes of cases are embraced in this law:
 1. The Regular Troops.  2. The State Troops, Militia, and Volunteers.  3. Persons employed in the Naval Service.  4. Indian Spies. 
As rolls of the regular troops in the Revolutionary War exist in this Department, all persons claiming the benefit of this law as officers, non-commissioned officers, musicians or privates, will, in the first instance, make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides. And every Court having by law a seal and Clerk is considered a Court of Record.
DECLARATION,
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
State, Territory, or District of } ss. County of }
On this day of personally appeared (a) before A. B. a resident (b) of in the county of and State, Territory or District of aged (c) years, who being first duly sworn, according to law, doth on his oath make the following declaration, in order to obtain the benefit of the provision made by the act of Congress, passed June 7th, 1832. That he enlisted in the Army of the United States in the year (d) , with and served in the (e) regiment of the line, under the following named officers :
[Here set forth the names and rank of the Field and Company Officers; the time he left the service; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers;) the town or county and State in which he resided when he entered the service; the battles, if any, in which he was engaged, and the country through which he marched. [This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.]
He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of
Sworn to and subscribed the day and year aforesaid.
A. B.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states.
I of the Court of do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of for a pension.
In testimony whereof, I have hereunto set my hand and seal of office (i) this day of &c.
If, on examination of the proper record, the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out.
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz:
(k) We, A. B., a Clergyman, residing in the and C. D. residing in (the same) hereby certify, that we are well acquainted with , who has subscribed and sworn to the above declaration; that we believe him to be years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.
Sworn and subscribed the days and year aforesaid.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that A. B. who has signed the preceding certificate is a clergyman, resident in the and that C. D., who has also signed the same is a resident in the and is a credible person, and that their statement is entitled to credit.
I, Clerk of the Court of do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this day of &c.
Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction.
If such surviving witness cannot be found, the applicant will so state in his declaration, (l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his

alleged service, as they are known at the Department. A very full account of the services of each person will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.
The Court will propound the following (m) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.
 1. Where and in what year were you born?  2. Have you any record of your age, and if so, where is it?  3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?  4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom?  5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services.  6. { To a Soldier. { Did you ever receive a discharge from the service, and if so, by whom was it given, and what has become of it? { To an Officer. { Did you ever receive a commission, and if so, by whom was it signed, and what has become of it?  7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution. 
The Court will see that the answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant.
The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons—one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion. If one of these persons is a Clergyman, the Court will so certify, and they will also certify to the character and standing of other persons giving such certificates.
The traditional evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party. And the Courts are requested to be very particular in the inquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
Applicants unable to appear in Court, by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court.
Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the Peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature.
No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.
[a] The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance.
[b] The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not conforming to the rule.
[c] The age of the claimant must invariably be mentioned.
[d] The declarant must mention the period or periods of the war when he served.
[e] Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had. Every claimant must state, with precision, the length of his service, and the different grades in which he served, in language so definite as to enable the Department to determine to what amount of pension he is entitled. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service; but, according to the best of his recollection, he served not less than the periods mentioned below, and in the following grades:—For _____ year _____ months, and _____ days, I served as a _____. For _____ months and _____ days, I served as a _____; and for such service I claim a pension."
It is important, in all cases, to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months , is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state that they served two years in the militia, &c. without specifying the tours, the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must, in every case, be clearly shown under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
[f] The law makes the relinquishment indispensable.
[g] The opinion of the Court is always required.
[h] The Clerk must give his certificate in every case.
[i] The Clerk must affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he has no public seal of office, the certificate of a Member of Congress, proving the official character and signature of the certifying officer, should accompany the papers.
Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other papers authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
Proof of Service.
[j] In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses who are required to set forth in their affidavits the time of the claimant's entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
[k] The notes from [a] to [i] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in note [j] applies to continental troops only.
[l] This traditional evidence is indispensable in militia cases.
[m] If a witness cannot be found, the declarant must state the fact.
[n] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.

POWER OF ATTORNEY
For ascertaining whether any increase or arrears of Pension are due the Widow or heirs of Revolutionary Pensioners, &c.*
STATE OF Michigan
COUNTY OF Saginaw
William J. Mills
Be it known that before the undersigned,
a Justice of the Peace in and for the County and State aforesaid, personally
appeared Dania Mayhew
aged 56 years,
who being duly cautioned and then sworn in due form of law, states that he is the Son of Daniel
Mayhew who was a revolutionary† Private Soldier in the State of
New York and that he died on the — day of August 1839 and
that his mother, named Coherity died on the 27 th day of July
18 24 , and they were married on the — day of — in the year 17 — and that
they were residents of Verplank in the State of New York and that they
resided there during their lives years, and that he resides in Michigan and
that furthermore he  BY THESE PRESENTS , constitutes, appoints, and fully empowers and
authorizes, irrevocably and with powers of substitution, F. E. HASSLER, of Washington city, D. C., as his true and
lawful Attorney for him and in his name and stead, to examine into, to prosecute, to demand, and to receive from
the U. S. Government and State officers his rights in all and in any manner of claim for arrears of pay, half pay, or
commutation pay, for pension, increase of arrears of Pension or Land that are or may be due him as son
son of Daniel Mayhew as in right of law
he may be entitled; and I furthermore revoke all and any powers of attorney heretofore executed in favor of any person or persons.
In witness whereof, he has on this 19 th day September 18 56 hereunto signed his name, and affixed his seal.
Dania Mayhew 
Witness: Conrad Ganson
Witness: Constantius Broadway
Signed, sealed, acknowledged, and sworn to before me; and I further certify, that Dania Mayhew has always by the community been known as the Son of Daniel and Coherity Mayhew and I am not interested in the result of this claim.
Dated on this 19 th day of September 18 56 . W. J. Mills J. P.
STATE OF —
COUNTY OF —
I hereby certify , That — Esq., before whom the foregoing affidavits and acknowledgment were made, and who has hereunto subscribed his name, was at the time of so doing, a Justice of the Peace in and for the County aforesaid, duly commissioned and sworn, and that his signature above written is genuine.
In testimony whereof, I have hereunto set my hand, and affixed the seal of — County Court, this — day of — one thousand eight hundred and — Clerk.
* If a Widow applies, state "the date of marriage, and death of her husband." † Widow, son, or daughter. ‡ Give the name of the State in which he lived when he went into the Revolution. If a pensioner, so state—and the amount of pension, and under what act, and whether an officer or private soldier.

See other side for additional info
Know all men by these presents, That Joseph C Maylee of the Town of Pratts & of Cassadaga County and State of New York have constituted and appointed, and by these presents do constitute and appoint George R. Herrick , of the City of Washington, My true and lawful Attorney, irrevocably, with power of substitution for Me and in My name, place and stead, to ask and receive of and from the United States any BOUNTY LAND, EXTRA PAY, PENSIONS, Pensions , MONEY or MONEYS, that are now due to Me on account of services rendered, disbursements made, or expenses incurred by Joseph C Maylee a Revolutionary War Soldier
while in the service of the United States, or on any other account whatsoever, and in My name to give receipts and other sufficient discharges, for such Bounty Land, Extra pay, Pensions, Pensions , and money due as aforesaid, and to attend to and prosecute any and all business of whatever nature I may have with or before any of the Departments of Government or Congress, and, generally, to do any and every other act or acts, that I might or could do, were I personally present at the doing thereof; hereby ratifying and confirming whatever My said Attorney, shall do in and about the premises by virtue hereof, divers good causes and valuable considerations, me thereunto moving.
IN TESTIMONY WHEREOF, I have hereunto set My hand and seal this 21 st day of April 1852
Signed, sealed, and delivered } Two in the presence of } witnesses. Henry Riches... Joseph Maylee
Joseph Maylee 
State of New York } ss: On this 21 st day of April County of Cassadaga } 1852 personally appeared Joseph C Maylee before me, and acknowledged the foregoing Power of Attorney to be his act and deed for the purposes therein contained.
Suny Thayer J. P.
State of New York } ss: I HEREBY CERTIFY, That Suny Thayer County of Cassadaga } Esq., before whom the foregoing acknowledgement was made, and who has thereunto subscribed his name, was at the time of so doing, a Justice of the Peace, in and for the county aforesaid, duly commissioned and sworn.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of said County court, this 20 th day of April one thousand eight hundred and fifty-two
J. Morgan Clerk.

In the Matter of David Maybu an applicant for a Pension
30. 6. 24
Paris

State of New York } Oswego County. }
ss. On this 18th day of February 1834 personally appeared in open Court, before the Judges of the Court of Common Pleas in and for the County of Oswego, now sitting, David Maybe, a resident of Parish, in the said the said County of Oswego and State of New York, aged 72 years who being first duly sworn according to law, doth, on his oath, make the following declaration, in order to obtain the benefit of the act of Congress passed June 7. 1832. That he entered the service of the United States under the following named officers as served as herein stated viz:
Sometime in the Spring of the year 1777, month not recollect, at Danube in the County of Montgomery I volunteered as a soldier in the Company of Capt. Joseph Dygert in Col. Willets Regiment of New York State militia, and immediately joined my company at Fort Winchester in said Town of Danube which Company was stationed at that place for the purpose of protecting the inhabitants and property from the depredations and depredations of the British, Indians, and Tories, who were continually making excursions in that vicinity, and driving away cattle, and killing the people whenever they could find them unprotected. We were frequently ordered on scouting parties and went to Fort Plain, Fort Clyde, Fort House, Fort Schuyler, and other small Forts on the Mohawk river. In one of our excursions we came across a party of the enemy, had

an encounter with them, killed one Indian, and took eleven Prisoners and twenty five horses. At another time, directly after the battle of Johnstown we left the Fort and went in pursuit of the enemy, accompanied by a party of the friendly Oniida Indians; and at West Canada Creek we came up with their rear and killed a celebrated Tory by the name of Buller. She took a conspicuous part at the battle of Johnstown, and two other British actions.
I was frequently detached from the Company to which I belonged, and ordered to different Posts; at one time I recollect I was ordered to go to Fort Stanwix under the Command of Capt. Brown (Christian name not recollected) we tarried there a short time and returned to Fort Windesker. I continued in the Service at Fort Windesker & vicinity in the manner as above stated until the close of the War in 1782 when I was discharged after a hard and perilous Service of at least four years. John Windesker was my Lieut. and Peter Henshaw my orderly Sergeant - the name of my Ensign I cannot now recollect.
I did not receive my discharge in writing, and have no documentary evidence of my services. Most of the Soldiers with whom I served are dead or removed to parts unknown, I have however after some search been able to find one, Vir. David A. Schuyler with whom I am well acquainted, and who was in the Service in the same Company with me and whose affidavit of my services is herewith annexed.

5 I was born at Canajoharie in the County of Montgomery on the 10th day of Feby. 1762 according to a record in the Presbyterian Church at Fort Plain where I was baptized, which is the only record I ever had of my age.
I lived at Daunce some years after the war, and then removed to Otsego in the County of Otsego, where I lived about 30 years and then removed to my present residence, then in the town of Mexico, now Parish, in the County of Oswego where I have since resided, I think about 18 years.
I am acquainted with many people in my neighborhood. They can testify as to my character for truth and veracity, and their belief of my services as a Soldier of the revolution, among whom is the Revd. William Nutting and Spencer Miles whose certificates are herunto annexed.
I hereby relinquish every claim whatever to a pension or annuity except the present, and declare that my name is not on the pension roll of the agency of any state.
Sworn to, & Subscribed } David X Maybe the day & year aforesaid } mark
March 18 1832
We William Nutting a clergyman residing in the Town of Parish and Spencer Miles residing in the same place hereby certify that we are well acquainted with David Maybe who has subscribed and sworn to the above declaration; that we believe him to be 72 years of age, that he is respected and

believed, in the neighborhood where he resides, to have been a Soldier of the revolution, and that we concur in that opinion.
Sworn and Subscribed the _____ William Nutting day and year aforesaid.
Spencer Miles
And the Said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the abovenamed applicant was a revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that William Nutting who has signed the preceding certificate is a clergyman resident in the town of Parish and that Spencer Miles who has also signed the same, is a resident in the same place and is a credible person, and that their statement is entitled to credit.
J. P. Dinsmore } Judges of Lowell Johnson } Otsego Co. Courts J. Reynolds David Freeman } Henry Skinner }
I Eric Poor Clerk of the Court of Common Pleas in & for the County of Otsego do hereby certify that the foregoing contains the original proceedings of the Said Court in the matter of the application of David Maybee for a Pension. In testimony whereof I have hereunto set my hand and Seal of office this 18th day of Feb. 1834
Erie Poor. Atty

State of New York } Onondaga County }
ss. David A Schuyler of the Town of Danube in the County of Herkimer & State of New York, being duly sworn Saith, that he was a soldier in the Revolutionary War, and that for services then rendered he now receives a Pension of Eighty Dollars a year under the act of June 1832 . That he was well acquainted with David May- -lee, who now applies for a Pension under said act, before, and during the revolutionary war, & has been well acquainted with him ever since - That he believes said Maylee to be about 72 years of age - That he was a soldier in the same company with this deponent, from the year 1777 to the year 1781 - Said company was commanded by Capt. Joseph Dygert of the New York militia, and was under the command of Col. Willet. Who took the command of the militia, after the death of Col. Ebenezer Cox who was killed at the battle of Oriskany - The company of Capt. Dygert to which we belonged was sta- -tioned at Fort Windicker then in the County of Montgomery, for the purpose of protecting the inhabitants of the vicinity from the depredations of the British Indians, & Tories. We frequently went on scouting parties, and excursions to Forts Clyde, Herkimer, Howe, Willet, & Fort Plain, and other small forts on the Mohawk river - We continued together until the

Month of June 1781 when I enlisted in the the new levies as they were called, in the Com- -pany of Capt. Lawrence Graft for 9 months and was soon after taken prisoner by the Indians and carried to Canada where I re- mained about 18 months. The said Maybe served faithfully as a soldier to the knowledge of this deponent at least four years, and further this deponent will not know his Subscribed & sworn this } David A. Schuyler 7th day of Feb. 1834 } before me, Avery Hiram, } mark Judge of Orange Co. Courts }
State of New York } Orange County } S. Nicholas G. House and Christian Dostaler of the Town of Newburgh in said County formerly residing in the Town of Goshen now in the County of Sullivan, being duly sworn saith that they have been well acquainted with David A. Schuyler who has subscribed and sworn to the above affidavit, for the last 20 years, and that he is a man of truth and veracity and his statement is entitled to full credit and further these deponents say not. Subscribed and sworn this } Nicholas G. House 7th day of Feb. 1834 } Christian Dostaler before me, Avery Hiram } Judge of Orange Co. Courts }
I hereby certify that I am acquainted with Nicholas G. House & Christian Dostaler who have subscribed & sworn to the above affidavit, and that they are men of strict truth and veracity. Avery Hiram Judge of Orange Co. Courts }

Rev. War Section.
January 11, 1921.
Honorable Wesley L. Jones, United States Senate.
My dear Senator:
In response to your letter of the tenth instant, I have the honor to furnish you the history of the only David Maybee , (under any spelling of that name) found on the Revolutionary War records of this Bureau.
From the papers in the pension claim, Rejected File No. 7053, it appears that David Maybee was born at Canajoharie, New York, February 10, 1763 and was baptized at the Presbyterian Church in Fort Plain, New York. During the Revolution and for some years after he lived at Danube, Montgomery County, New York.
He applied for pension February, 18, 1834, while living at Parish, Oscego County, New York and alleged that he volunteered at Danube in the spring of 1777 and served at least four years in Capt. Joseph Dygert's Company, Colonel Willett's New York Regiment, also that he was in the engagement at West Canada Creek and in some skirmishes. His claim was not allowed, as he failed to furnish satisfactory proof of service as required by the pension laws.

His wife Charity died July 27, 1824 and he died in August 1839. In 1852, a son Joseph lived in Parish, New York and in 1858, a son David lived in Sanilac County, Michigan aged fifty-six years. There is no further data on file as to his family.
Very truly yours,
F. D. Byington
Commissioner.

30,624
David Maybee.
NY
See 1853 Tracts 2-10
Let to A Skinner 24 March 38
" " 2 Sept.
to Hon T. C. Chittenden
July 13, 1840.
Let to Hon W. Duer May 22. 49 1874 Jan 4. P. De Geer - that pension not allowed
1832

NaperVille Du Page Co., Ill Dec. 22/73
Hon. J. W. Baker Commissioner of Pensions Pension Bureau Washington D.C.
Honoured Sir;
Was the Revolutionary Pension Claim of David Maybee (who was a Volunteer in the Com- -mand of Col. Willet (and under the Command of Gen. Schuyler,) paid, on or about the year One Thousand eight hundred and fifty-six (1856) (and if so, to whom was it paid? Please send me a transcript from the records in your Office.
Very Respectfully P. De Beer

REJECTED
7008
1921 Jan. 11. History of Hon. Wesley L. Jones. USS
P. O. Dunn Knight Service: _____
Enlisted: _____, 18
Discharged: _____, 18
Application filed: _____, 18
Alleged The printed list of 1852 gives cause of suspension.
Re-enlisted: "Suspended for more perfect details - he claims four years service under Capt. Dygart of Col. Willetts Regt.
Attorney: N.Y. Line, - and the records at Albany must sustain his service!
_____ Recognized. _____ Contract.
_____ Cert. of Dis. Searched for _____, 18

David Maybee New York Susc Oct 7. June 1832.
Add evidence
Evans of Hunt Washington City

[Persons making application at the Comptroller's, or Secretary of State's Office, for searches, or certificates of service of any person, in the army of the U. S. during the revolutionary war, should give the name and ranks held by such person; the nature of the service; whether in the Infantry, Cavalry, or Artillery, &c.; in the regular army or militia; the names of the officers commanding the regiments and companies at the time of enlistment, service and discharge, as near as can be given. The names should be given with care, and in a legible hand.
In pursuance of a law passed the 27th of April, 1784, entitled "An act for the settlement of the pay of the Levies and Militia, for their service in the late War, and for other purposes therein mentioned," the following certificates have been issued, bearing interest at five per cent per annum, viz:
  1782. Nov 21. David Maybe Private No. of Cert'e issued, 11203 £ — 3 3 11  " " "  " " "  " " "  " " "  " " "  " " "  " " "  " " "  " " "  " " "  " " "  " " "  " " "  " " "  " " "  " " "  " " "  " " "  " " "  " " " 
STATE OF NEW-YORK,
COMPTROLLER'S OFFICE, Albany, July 14 th 1853.
I hereby certify the above to be true extracts from Book No. 3 now remaining in this office, and that the service for which the certificates above named were issued, were performed under the following officers, viz:
  First — under Capt. John Deygert in Col. Samuel Clyde's Regiment.  Second " " " " " "  Third " " " " " "  Fourth " " " " " "  Fifth " " " " " "  Sixth " " " " " "  Seventh " " " " " "  Eighth " " " " " "  Ninth " " " " " "  Tenth " " " " " "  Eleventh " " " " " "  Twelfth " " " " " "  Thirteenth " " " " " "  Fourteenth " " " " " "  Fifteenth " " " " " " 
I have examined the rolls for the above, and find £ — to be correct.
Awake Examining Clerk.
Philip H. Sheridan Comptroller.

Washington, Dec. 13 th 1853.
Dear Sir,
We request a re-examination of the case of David Maybee, New York susp. Act June 7 th 1832.
David Maybee asserts that he served in the New York State Troops, under Capt Joseph Dygert, Col Willett, from the Spring of 1777 about four years. We do not think that he was in service all the time from 1777 to 1781, yet we know that his statements accord with the history of the times.
David A. Schuyler, a pensioner on the New York roll, Act 7 th June 1832, at $80 per annum, testifies, that he served with David Maybee, from 1777 to 1781 in Dygert's Company, Willett's Reg. We hope that you will examine Schuyler's papers in connection with this case.
Christopher Rutter, of Otsego County, state that he served with David Maybee, in Col Willett's Reg, for 5 months, in 1778. - 9 months in 1779 - and 4 months in 1780.
Mr Alvin Richardson, in a letter to Mr George R. Herrick, from whom we received

The claim states, that the affidavit of George Hance, a pensioner had been found - mangled. We hope that this may be found; but should this be lost or mislaid, we think that you have sufficient evidence to justify an allowance. We also enclose, a certificate from the Comptroller of New York, which certainly strengthens the claim.
Very respectfully Ezra G. Hanks.
If you cannot find the affidavit of George Hance, we will thank you to examine his papers, and see if he did not serve at the same time and under the same officers as alleged by Mayhew.
Wm L. P. Waldo - Command of Pensioners

Correspondence
A. Skinner Mar 24, 1835 - in claim " Sept. 2, 1835 - " "
J. C. Chittenden July 13, 1840 " "
Keon W. Duer May 22, 1849 " "

Washington, June 25 th 1853
Sir.
Mr George R. Herrick, who has lately been appointed a Clerk in the Indian Office, has turned his business over to us. We have therefore to request that the following papers may be taken from the files , that we may make the necessary examination.
✓ David Maybee, New York, susp. Act 7. June 1852. Also the papers of Polly Joyce, widow of Jonathan. We think it most likely it is a suspended case in the New York files - Possibly it may have been admitted.
We hope to have these papers ready for examination in a few days.
Very respectfully Edw. J. Stant.
Dear S. P. Waldo Caminer of Pensions

Hn. W. Duer
May 22. 49

Pension Office May 22 1849
Sir,
In answer to your letter of the 7 th of February last, respecting the Case of David Maybee, I have the honor to inform you that no additional evidence has been received in support of his claim has been since my report to Hon. J. C. Chittenden of the 13 th July 1840 in which Maybee was required to make a statement of the period length and grade of each tour of service with the names of the Company and field officers under whom they were rendered and sustain the same by the records in the office of the Comptroller of New York. This requisition has not been complied with.
In his declaration he set up a claim for 4 years service under Capt Dyert of Col. Miller's Regiment On Mr. Dunn Olvego N.Y.

Washington Feb 7. 1849
Sir:..
I am requested by a constituent to make enquiry respecting the application of David Maybee of Percib Pt. Quebec Co. for a pension. The application was made some years since. Will you do me the favor to state whether it has been acted on and if rejected the grounds of the rejection
I am, respectfully, your obt. Servt.
William Duer

Hon. S. C. Chittenden
July 13, 1840
O. b.

Insur. Office July 13, 1840
(iii)
I have the honor to return you the letter of Mr. Robinson respecting the case of David Maybe (and) in (reply to state) that since the last action upon his case, it is ascertained that there are rolls of the (New York) Service in the Office of the Compt. at Albany. He should make a statement of the period, length & grade of each term of Service and obtain of the certificate of the Compt. as to the evidence afforded by his records which either confirm or discredit. That statement should be sworn to and either incorporated into the Compt's certificate or forwarded with the certificate to this Office.
Yrs T. C. Schtenden AR

Avery Skinner
September 2 d 1835
O.C.
A.S. 1835 p. 27.

War Depart t Pension Office Sept 2 1835
Sir
In answer to yours of 26 th ulto I have to inform you that it would not com- port with the rules to comply with your re- quest to have the papers in the case of Da- vid c Maybe returned to you
Henry Skinner Esq r Union Square New York

War Dept.
Tenpin off
Mar 1835
Sir
The claim of David May be has been examined & suspended. He alleges that he volunteered in 77 in Capt Joseph Hlygerts company Col Willetts Regt & served "at least 4 years". He was required to specify the period-length & grade of each term of engagement names of officers &c. His papers are now returned without any attempt to comply with the requirement. If he intend to assert that he was in continuous for four years from 77 such an allegation is discredited by the information of the Dept. respecting the service of Capt Hlygerts company of Militia. As to the allegation that he belonged to Willetts Regt, it should be observed that Willett was a Lt Col in the 3rd Regiment of the New York Line on Continental establishment of which we have the rolls from Nov. 76 to 81 when Willett was discharged & entered the state troops. Every Skinner says His papers are placed in file. Union Square N.Y.
at 7. P.M.

WESLEY L. JONES, WASH., CHAIRMAN. KNUTE NELSON, MINN. DUNCAN U. FLETCHER, FLA. LAWRENCE Y. SHERMAN, ILL. GEORGE E. CHAMBERLAIN, OREO. WARREN Q. HARDING, OHIO. JOSEPH E. RANDALL, LA. BERT M. FERNALD, ME. MORRIS SHEPPARD, TEX. WILLIAM M. CALDER, N. Y. FURNIFOLD MCL. SIMMONS, N. C. IRVINE L. LENROOT, WIS. JAMES A. REED, MO. LE BARON B. COLT, R. I. WILLIAM F. KIRBY, ARK. CHARLES L. McNARY, OREO. NATHANIEL B. DIAL, S. C. L. MEISLER BALL, DEL. BRAXTON B. COMER, ALA. WALTER E. EDGE, N. J.
J. H. DAVIS, CLERK.
United States Senate,
COMMITTEE ON COMMERCE
January 10, 1921
Widow Pension
Hon. F. D. Byington,
Commissioner of Pensions,
City.
My dear Mr. Commissioner:
I understand that David Maybee, sometimes spelled Maybe, served in the Revolutionary War and one of my constituents, a descendant of this man, is desirous of securing his Revolutionary record. He is supposed to have served in the Revolutionary Army. If it is possible for your Bureau to furnish me any information along these lines I trust it will be done.
Very sincerely yours,
W. L. Jones

State of New York
Oliver County & Christopher Patten of Esopus in the County of Ulster agree security four years and upward being duly sworn doth depose and say, that he was a soldier of the Revolutionary War, and served as a private soldier therein at least one year and six months. That he enlisted on the first of May 1778, in a company of Militia commanded by Captain Dygert, in Colonel Klotter's regiment of New York Troops. That he enlisted in the then town of Lanesburgh in the County of Mutchinson for the term of five months. That he was mustered at Fort Plain, Marched during the time to Grembus on the Hudson River, to Fort Stuyvesant and back to Fort Plain where this detachment was discharged by Captain Dygert in October or November, 1778. Having served in said Company and Regiment for five months. That he was then, and is now well acquainted with David Maybee of Oswego County. That said David Maybee served as a private soldier in said Company and Regiment during the five months above mentioned -
That this deponent on the 1 st June 1779 again enlisted for nine months in Captain Dygert's Company in Colonel Klotter's Regiment. That he enlisted at Fort Plain. That he served said term of nine months in said Company and Regiment - and that said David Maybee also served in said Company and Regiment. During all the time last aforesaid as a private soldier. The company part of the nine months was commanded by one Captain Brede - That this deponent was discharged in February or March 1780.
That this deponent again immediately after his discharge in 1780, entered the service of his country

for four months and became and was attached to Colonel Dillit during said time - That David Maybin was a soldier during said last time in said regiment -
That this deponent was well acquainted with said David Maybin after the Revolutionary War and while he resided in the County of Otsego and believes him to be a man of strict integrity and his statement entitled to full credit. Sworn to and subscribed his Christopher mark Brattle before me this 2 d day of March, 1835. and I further certify that I am well acquainted with the above Christopher Brattle who has sworn to the foregoing statement before me - he is a man of fair character his statement entitled to full credit -
Allen Liddell Justice of Peace State of New York
Otsego County ss: I George C. Clyde Clerk of said County do hereby certify that Allen Liddell before whom the preceding affidavit purports to have been sworn was on the day of the date of the same a justice of the peace in and for said County of Otsego duly sworn and qualified - and further that I am well acquainted with the hand writing of said justice and truly believe his name subscribed to said affidavit and the foregoing certificate of credibility to be his genuine hand writing and signature -
Given under my hand and the seal of said County this 10 th day of March A.D. 1835.
George C. Clyde Clerk

David Maybee.
to A. Shinner P.M. Union Square N.Y. } free Aug. 26th.
Ans
NY J. S. Edwards Esq. Comm. of Pensions Washington City

Union Square Aug. 26. 1835
Dear Sir,
If consistent with the regulations of your department I should be pleased to have you return me the Pension papers of David Maybee an orphan. Those papers have been placed on file for want of further proof -
The old gentleman thinks he can accumulate testimony sufficient to entitle him to a pension -
I am Sir, respectfully J. L. Edwards Esq. Your obedt. Servt. Com. of Pensions Avery Minn

A. Skinner P.M. Union Square N.Y. March 19th.
Mar 24 N.Y.
Free
J. L. Edwards Esq. Court of Pensions Washington City

Union Square March 19. 1835
Dear Sir
Enclosed I return you the Pension papers of David Maybe - further His declaration is corroborated by the affidavit of Christopher Rullo who it appears was a soldier in the same Company and Regiment with Mr. Maybe for the term of 18 months. I have made diligent inquiry for further testimony, but know of no more that can be obtained - I also trust that the additional proof of Mr. Rullo, now forwarded, will be amply sufficient to warrant you in giving the old man a full pension - He is an honest old man - poor and needy - and I have no doubt from the old mans character for truth and veracity, and from the manner in which he told his story, that he has given a true statement of his services, and that he is justly entitled to a full pension. Please advise me of the result of this application as soon as convenient.
I remain very Respectfully, Your obedt. Servt
Henry W. Williams
J. L. Edwards Esq. Comr. of Pensions