Revolutionary War Pension and Bounty Land Warrant Application File R. 5545, for Henry James, New York

SERVICE
New York
James Henry
NUMBER
P. 5545
CONTENTS

Henry James 9186
Thomas Beals Agent Canandaigua

State of New York Ontario County 3 rd ss:
On this twenty Eighth day of August 1832 personally appeared in open court before the Judges of the County Court now sitting, Henry James a resident of the town of Hoosick in the County and State aforesaid aged Eighty six 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 under the following named Officers and served as herein stated.
1 st At Albany on the 1 st January 1775 he enlisted in Captain Tunis Fishers Company in Colonel Wynkroops Regiment went to Johnstown and then to Lake George and then to Ticonderoga and was there all summer and in the latter part of October got leave to go home, and after remaining at home about four weeks, he returned to Skeensboro. And 2 o He joined Captain Petersons Company in Colonel Webbs Regiment and when the Lake opened in the Spring of 1777, went to Ticonderoga and when our army retreated he came to Stillwater and was on Van Schaicks Island with the main body of our army. He was in the Battle of Stillwater before the surrender of General Burgoyne and after his capture He was part of the guard that went with the prisoners to Hartford after this he went to White Plains and joined his Company under Captain Peterson, after this went to Windsor and in winter got a furlough and went home to his Fathers near Albany and the latter part of March 1778 went back to Windsor and continued in the army, and was at the Battle in Brandywine and afterwards at Yorktown at the Capture of Cornwallis. He knew General Greene and General Washington. After the Capture of Cornwallis he was discharged and went home. By reason of the infirmities of age he is unable to give the dates of his service.

but he does say he was in the service of the United States from the 1 st January 1770 until after the Capture of Cornwallis as before recited.
He knew Generals Schuyler and Ten Broeck. He knew General Gates. Has no documentary evidence and knows of no person whose testimony he can procure who can testify to his service.
He was born at Greenwich Rhode Island on the 1 st April 1740. He has no record of his age and cannot read nor write, never was learned, never could write his name, after the war, lived at a place called Newtown about 20 miles from Albany. About 20 years ago he moved into Ontario County, he lived in Bloomfield and Canandaigua for twenty years past and now lives at the County Poor House in Hopewell and has lived there for six years. He is very deaf in consequence of injury received during the war and in consequence of which he was excused for serving as Sentinel, but he did any other duty and refused to leave the service, and did not leave until after the Capture of Cornwallis as aforesaid.
He knows William Mc Cleary & Joshua Cook.
He hereby relinquishes every claim whatever to a Pension or annuity except the present and declares his name is not on the Pension Roll of the agency of any State.
Sworn and Subscribed } the day and year } aforesaid } in open Court }
Henry } James his mark

We William Mc Cleary & Joshua Case both residing in the Town of Hopewell in the County of State aforesaid hereby certify that we are well acquainted with Henry James of Hopewell who subscribed and swore to the above declaration; that we believe him to be Eighty six 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 day and Year aforesaid in open Court
W m Mc Cleary Joshua Case
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 applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies that it appears to them that William Mc. Cleary and Joshua Case, who have signed the preceding certificate both reside in the town of Hopewell, that they are credible persons, and their statement is entitled to credit.
I, Charles Crane, Clerk of said Court, do hereby certify that the foregoing contains the original proceedings of the said court in the matter of the application of Henry James for a pension -
In testimony whereof, I have hereunto set my hand and seal of office, this first day of Sep- -tember A. D. 1832 -
Charles Crane

No. 9186 Henry James
5545
Suspended.
4. 5. 6. 11. 12. 13. 17.
P 122.
Thos. Beals Canandaigua N.Y.

BRIEF in the case of Henry James of Hopewell in the State of N. 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? Eighty Six 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. As a Gen.     In 17 Declares that he was in the Service of the U. States from the 1 st Jan'y 1776. until after the capture of Cornwallis — Periods of service undefined  
 5. In what battles was he engaged? Still Waters — and at the capture of Burgoyne  6. Where did he reside when he entered the service? Albany — N. York  7. Is his statement supported by living witnesses, by documentary proof, by traditionary evidence, by incidental evidence, or by the rolls? Traditionary, alone —  8. Are the papers defective as to form or authentication? and if so, in what respect? The papers are correct in form and authentication 
I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
Wm Gordon Examining Clerk.

Henry James N. York Act 7. June 1832
Suspended See letter Hon. L. Nickson Feb. 20 '33

Acts of July 14, 1862, and March 3, 1873.
5545-
P. O. Henry James Service: _____
REJECTED
Enlisted: _____, 18
Discharged: _____, 18
Application filed: _____, 18
Alleges: _____ _____ _____
Re-enlisted: _____ _____ _____
Attorney: _____
P. O. _____ _____ _____
_____ Recognized. _____ Contract.

State of New York } In the matter of Henry James Ontario County } application for a pension
Personally appeared before me the undersigned a justice of the Peace in and for said County Henry James who being duly sworn deposeth and saith that when he made his application for a pension under the law of June 7 th 1832 before the County Court of said County on the 28 August 1832 he did not procure the attendance of a clergyman, because there is none appointed to the Poorhouse, where he is quartered - That occasionally ministers come there, but he does not know them, and being very deaf he is unable to hear so as to understand the ordinary services - He is required to give the names of the officers, the periods of the War when he served & to mention with precision the length of service and the different grades in which he served - He now says that he served from 1776 until after Cornwallis was taken at Yorktown - That he does not remember the names of any other Captains than Fisher, and Peterson -
He has before stated in his original declaration that he knows of no person living who can testify to his service
That he served as a private soldier - 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 he does say that he entered the service in 1776 as set forth in his original declaration and served until after the Capture of Cornwallis; that he was bound to the service and served his country faithfully for not less than five years, and for such service I claim a pension
Sworn to and subscribed the ninth day of January 1833 before me
Henry Chapman J.P.
Henry his James mark

State of New-York, Ontario County ss. } I, Charles Crane, Clerk of said County, do hereby certify that Henry Chapin, whose name is subscribed to the within certificate, was, at the date thereof, a Justice of the Peace in and for said County; and that I am well acquainted with his hand writing and verily believe the said signature to be his proper act and deed. In testimony whereof I have hereunto set my hand and seal of office, this tenth day of January A. D. 1833.
Charles Crane

BRIEF objections to the admission of Pension Claims , of which those answered in the negative, in red ink, will apply to the claim of Henry James 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? No 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? No 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? 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? No 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? And is the official character and signature of the magistrate certified by the proper officer under his seal of office? 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 the 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 official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
QUERE XVI.  Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticated 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 end 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.