Revolutionary War Pension and Bounty Land Warrant Application File S. 11,914, James Yale, Conn.

SERVICE
NUMBER
Conn
Yale, James
S 11,914
CONTENTS
Carded

14 31 New York James Yale
of Coeymans in the State of New York who was a Private in the Company commanded by Captain Mead of the Regt. commanded by Col. Humphrey in the Connecticut 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, 1831.
Certificate of Pension issued the 2 d day of Nov. 1832 — and Letter D. Kirkland
Arrears to 4th of Sept. 1832 $120 Semi-annual allowance ending 4 Mo. '33 40 $160
{ Revolutionary Claim, Act June 7, 1832. }
Recorded by Geo. C. Sibley Clerk, Book D Vol. 5 Page 157

BRIEF in the case of James Yale of Coxsackie in the State of New York (Act 7 June, 1832.)
1. Was the declaration made before a Court or a Judge? in open Court
2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?
3. How old is he? Sixty Nine years
4. State his service, as directed in the form annexed.
   Period. Duration of Service. Rank. Names of General and Field Officers under whom he served.   Years, Months, Days. Gen.     Spring In 1779 6 Private Capt Jn. Mead Militia   Fall of 1779 2 Substitute Capt Smith do   Spring of 1780. 8 Private Capt Stoddard do   Genl. Waterbury's Brigade   Further States that, in the month of March 1781. in Col: Humphreys Regt. and continued in Service until the month of June 1782.  
5. In what battles was he engaged? None Stated
6. Where did he reside when he entered the service? Goshen Connecticut
7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls? — Traditional testimony and documents connected with his application for a Pension in 1818.
8. Are the papers defective as to form or authentication? and if so, in what respect? the papers are correct
I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
Wm Gordon Examining Clerk.

James Yale
old case.
rejected
State Troops
This May Certify that The within named James Yale is to me personally known to be the person within described May 6th 1818
D. Hartland M. Cummings
not on Rolls

State of New York District of New York ss.
On this fourth day of May 1818, before me the subscriber, one of the Judges of the Court of Common Pleas of the County of Green & State of New York Circuit Court of the United States for the said district, personally appeared James Gale aged fifty five years, resident in the town of Catskill in the said district, who being by me first duly sworn, according to law, doth, on his oath, make the following declaration, in order to obtain the provision made by the late act of Congress, entitled "An act to provide for certain persons engaged in the land and naval service of the United States in the revolutionary war:" That he the said James Gale enlisted in Town of Catskill in the state of Connecticut in March 1781 in the company commanded by Captain Smith Regiment of Connecticut by Col Humphrey of the Connecticut Line ; that he continued to serve in the said corps, or in the service of the United States until the Month of June 1782 , when he was discharged from service in at Horse Neck in the state of Connecticut that he was in the battles of his discharge through time & accident has been lost or mislaid - That his father was killed in the said service and that he is in reduced circumstances, and stands in need of the assistance of his country for support; and that he has no other evidence now in his power of his said services.
James Gale
Sworn to and declared before me, the day and year aforesaid.
Peter C. Adams one of the Judges of the court of common Pleas in & for the county aforesaid
I, Peter C. Adams Judge, &c. as aforesaid, do certify, that it appears to my satisfaction, that the said James Gale to me personally known did serve in the revolutionary war, as stated in the preceding declaration, against the common enemy; and I now transmit the proceedings and testimony taken and had before me, to the Secretary for the Department of War, pursuant to the directions of the aforementioned act of Congress. Dated at Catskill
this fourth day May 1818
Peter C. Adams

State of New York Greene County ss
I do hereby certify that the Court of Common Pleas of the County of Greene is a Court of Record of the State of New York and that the said Peter C Adams before whom the foregoing proceedings and testimony was taken, was at the time of taking thereof and still is a lawful Judge of the said Court acting under the authority of the said State, that the said Peter C Adams is to me personally known and that I am acquainted with his handwriting and know his signature to be genuine. —————
In Witness whereof William Van Bergen Clerk of said Court hereunto subscribed my name and affixed the Seal of the same Court the fifth — day of May 1818 —
H. Van Bergen Clerk

The applicant served part of his time in Col. S. Lipman's Regiment who were Colonel or Major at least had the command Gen. Genl. Wetherbury's Brigade

In testimony that Roger Dewey is a Justice of the peace in and for the County of Dela- ware and duly author- ized to act as such according to the Laws of this State, I have hereunto set my hand and affixed the Seal of the County of Dela- ware this 2 nd day of November 1819
H. R. Phelps Clerk
Let the bearer pay you with
1818 55- 1763

Noah Wilson of the Town of Franklin in the County of Durham being duly sworn & deposed Oath & Saith that he was well acquainted with James Yale named in the foregoing company application that he the deponent served in the same Com- pany & Regiment named in the application with him in the Revo- lutionary War & knows that the said James Yale served the time as stated in his said application -
James H. Cook J.P.
I do hereby certify that the witnesses are credible and that the officer taking the affidavit is a person authorized by the Laws of this State to take affidavits and that he was such officer at the time of taking
James H. Cook Franklin County Sworn before me this 1st day of November 1819
His Story before me

State of New York Greene County ss
We Arthur Beatty & Prastus Gale - residing in the town of Catskill in the County & State aforesaid do hereby certify that we are well acquainted with James Gale in the annexed Declaration named - That we believe him to be Sixty Nine years of age That he is reputed & believed in the Neighborhood where he resides to have been a Soldier of the Revolution & that we concur in that opinion
A Beatty Prastus Gale
Subscribed & sworn to this 22 nd day of August 1832 before me
Dorrance Kirtland
First Judge of Greene
County & State New York and I further certify that the said Arthur Beatty & Prastus Gale are Credible Persons & that their Statement is entitled to credit
Dorrance Kirtland

State of New York
Greene County ss.
I William T B Heermance Clerk of the Court of Common Pleas of the County of Greene do hereby certify that Darcus Nuttall whose name is subscribed to the foregoing certificate was on the day of the date thereof And now is First Judge of the said Court of Common Pleas. And that the said Court is a Court of Record. and that the signature of the said Darcus Nuttall annexed is his genuine signature
In Testimony whereof I have hereunto set My hand and Seal of Office this
third. day of September 1832.
William T. B. Heermance Clerk

State of New York Greene County ss.
On this third - day of September 1832 personally appeared in open court before the Judges of the Court of Common Pleas of the said County of Greene now sitting, James Dale a resident of the Town of Catskill in the said County of Greene and State of New York aged sixty Nine 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 th 1832, that he entered the service of the United States under the following named Officers and served as herein after stated, that he was born at the City of New Haven - in the State of Connecticut in the year 1763. That in the Spring of 1779 he enlisted in a Company commanded by Capt. John Mead at New Haven in the State of Connecticut for the term of six months and served out the whole of said term under said Mead in guarding night and day the Sea Ports and South line of said State of Connecticut adjoining Long Island Sound in Whale boats to keep off the Tories and refugees from plundering the Villages and Sea Ports along the said Sound. That the Company in which he enlisted was not attached to any Regiment to his knowledge. That at the time of his said enlistment he then resided in the Town of Poshen in the said State of Connecticut. That soon after the Revolutionary war he removed from the said State to the State of New York and since his removal he has not seen the said Captain or any of the Company with whom he served. Nor does he know whether they are dead or alive Nor does he know where to find them: and this deponent makes further declara- tion under oath that in the fall of 1779 one Loomis was drafted in the Militia for two months in the Town of Poshen in the State of Connecticut the said deponent then being a resident of said Town took

The place of the said Loom is as a substitute and served out the said time under Captain Smith of the Town of Goshen and was stationed at Horse Neck. And deponent under his oath doth further declare that in the Spring, in the year 1780 he was drafted in the Town of Goshen in the County of Litchfield and State of Connecticut be- ing then a resident of said Town in a Company of Militia commanded by Capt. Stoddard for the term of eight months and served out the said term and was regularly discharged. The Company was attached to a Regiment under Col. Major Wilson and in Genl. Waterbury's Brigade, that during said term he was stationed at Horse Neck, White Plains and West Point.
And the said James Bale under his oath aforesaid makes further declaration, that in the Month of March 1781 he enlisted in Captain Smith's Company of Infantry in the Town of Litchfield in the State of Connecticut in the deponent then residing in the Town of Goshen in said State and was attached to Col. Humphreys Regiment, and also to a Regi- ment of which Col. Shipman had the command that he continued in the Service of the United States until the Month of June 1782 when where he was discharged at Horse Neck. in this last cam- paign the deponent lost the sight of his right eye by occasion of a colt caught by lying on the bare ground, and has ever since been deprived of the sight of said eye. that he has no documentary evidence further than hints annexed and that he knows of no person now whose testimony he can procure, who can testify to his service other than as is here annexed that he never had any written discharge to his knowledge and if he had he has lost the same, that he has once applied under the act of 1818, and the annexed de-

No 5662. James Gale
Account of Service
4 mo 2 mo 8 mo by 3 mo 27 7 mo
Pension Certificate to be forwarded to Dorr and Kirt land of the Town of Bayville in Greene County and State of New York

Stat.
Declaration was made by him and the affidavits of James Frost and Noah Wilson also hereto annexed were procured by him. That the said Noah Wilson is now dead and the place of residence of the said James Frost is now unknown to this deponent. That his application was rejected because he belonged to state troops as noted in his declaration. And the said James Gale on his oath affirmed that in further declaration that he frequently turned out as a volunteer in addition to the foregoing services and especially at the beginning of the Rebel Storm at Danbury in the said State of Connecticut and the attack on New Haven.
That he hereby relinquishes every claim whatsoever to a pension or annuity except the present and declares that his name is not on the pension roll of the agency of any State.
James Gale
Sworn and subscribed the day and year aforesaid in open court before me
William T. B. Herrmann Clerk
And the said Court do hereby declare their opinion that 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 sworn as he states. And the Court further certifies that it appears from that Arthur Beatty and Erasmus Gale who have signed the foregoing certificate are residents in the Town of Lyndonville in the County of Essex, and are credible persons and their statement entitled to credit.
Dorrance Kirtland Presiding Judge of said Court

I William T. B. Hermance Clerk of the Court of Common Pleas of the County of Greene, do hereby certify that the foregoing contains the original proceedings of the Special Court in the matter of James Gale for a pension
In Testimony whereof I have here- unto set my hand and seal of Office this third day of September 1832
William T. B. Hermance Clerk

Dear Lewis Cass Washington City
Natchez July 14 1857
Sir
My Father James Gale. Served in the Revolutionary War. also in the war 1812. for the first he recd. a Pension. this he obtained in 1833. or 34 I believe while you was Secretary, as your signature is to his Pension Papers. (for the last war. he recd. a Certificate from the Arsenal at West Point Albany County N.Y. for his bounty land. but as he was very old & feeble. he never tried to get his Bounty land. for the Revolutionary war or the war 1812. which I am told he was entitled to. Genl. E. A. Luitman. has kindly offered to assist me in obtaining my Father's Bounty land. and last November I gave him a Copy of my Father's Pension Papers. and on his return this Spring he tells me that. we are entitled to the land & etc. but. his great quantity of Business before him. he did not give it the proper attention the reason I state you with this is hoping you will give me some information in regard to the matter as your name is to my Father's Pension Papers. he enlisted in New Haven Comp. but seceded in N York at the time of his receiving his Pension also at time of his death. which was about 5 years ago. my Mother followed him in a few months after. leaving 6. children of us all poor. if you will be so kind as to look in the matter & see if my Father has not

lands, located by the Government as belonging to the soldiers of the war 1776. Genl. Luitshay informs me that such was the case, with this law.
Please give this your attention & reply at your convenience. & greatly oblige
Yours Fraternally
Col. Yale Jr
Respectfully referred to the Commission of Pensions, will be required that he would communicate all the evidence upon which he is entitled
140604 July 23. 1857
Rev. J. H. 39/15
11.914 Pension

Rev. War
11.914 INVALID.
File No. 11.914
James Yale Rev. War
Act: June 7 th 1832
Index:—Vol. 2 , Page 421
[Arrangement of 1870.]

old car
admitted
2 years
$90
Clarence Kirkland

BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of James Yale ——— which require further proof or explanation.
I. Does the declaration show where the applicant resides? Yes II. Did the declarant make the declaration in the county where he resides? Yes III. If the applicant did not make the declaration in the county where he resides, is there any reason assigned for his not doing so? IV. Has the declarant mentioned the period or periods of the war when he served? yes V. * Has he mentioned 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? No. VI. Has he given the names of the officers under whom he served, in conformity with the regulations? Yes VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832? Yes VIII. Has the Court given their opinion? Yes IX. Has the Clerk given his certificate? Yes X. Is the Clerk's seal affixed? And if so, has it a device or inscription by which it can be distinguished from any other seal? Yes

XI. Has the applicant obtained the evidence of a clergyman and another respectable citizen as to their belief respecting his age and the general belief in his neighborhood relative to his revolutionary service? — He has not produced the evidence of a Clergyman, but has that, of two Credible persons XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it? None. XIII. If the applicant has no documentary evidence, and has not obtained the testimony of at least one living witness, has he stated in his declaration that such proof cannot be had? XIV. † If the applicant has produced a witness or witnesses as to his service, has the magistrate who administered the oath certified that he, she, or they are persons of credibility? XV. Does it appear from any of the papers that the witness was in such a situation, or of such an age, as to have a personal knowledge of the applicant's service? XVI. ‡ Are the papers authenticated as the regulations direct? Yes. XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered? the Court certify that the interrogatories were put to the applicant —
EXPLANATORY NOTES.
* QUERE V. 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.
† QUERE XIV. Proof of Service.
In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses, who are required to set forth in their affidavits the time of the claimants 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 affidavits must be properly authenticated, as above directed.
‡ QUERE XVI. 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 paper 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.