Revolutionary War Pension and Bounty Land Warrant Application File S. 13813, for Jacob Lyport, New York

SERVICE
NUMBER
N.Y.
Lyport, Jacob
S. 13813
CONTENTS
carded

20.169 New York
Patent Report
Schuyler in the State of New York who was a private in the Troop commanded by Captain Ely of the Regt commanded by Col. Willett in the Continental line for 8 Mos.
Inscribed on the Roll of New York at the rate of 26 Dollars 66 Cents per annum to commence on the 4th day of March, 1831.
Certificate of Pension issued the 13 day of Aug 1825 and to Metta S. A. Daggitt Schuyler
Arrears to the 4th of Mar. 31 $53.32 Semi-ant. allowance ending 1 Sep. 33 13.33 $66.66
Revolutionary Claim, Act June 7, 1832. Col. Schuyler
Recorded by Col. Schuyler Clerk Book 6, Vol. 3, Page 15

State of New York
County of Schenectady
On this Eighteenth day of October in the year of our Lord one Thousand Eight hundred and thirty two personally appeared in open Court before the Judges of the Court of Common Pleas of the County of Schenectady aforesaid and State of New York aforesaid now sitting Jacob Lysport a resident of the Town of Glenville in said County of Schenectady Aged seventy three years and 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 of the act of Congress passed June 7. 1832.
That he entered the service of the United States and served as herein stated under the following named Officers.
That he was born at the now Town of Glenville in the County of Schenectady then a Town in the State of New York in the year of our Lord one Thousand seven hundred and fifty nine and has no record of his age. That he was living in the County of Albany at the place now called Glenville in the now County of Schenectady near the City of Schenectady in the immediate seat of the incursions of the Enemy Indians during that period that in the year 1775. he was enrolled in the Company commanded by Captain Abraham Van Eps in the Regiment of Major M c Intosh of the Militia of the State of New York. That during the whole war of the Revolution deponent was so enrolled and was constantly on the alert in consequence of the incursions of the enemies of his Country. — When not in other service the following are the principal of the expeditions and services in which he was engaged. In the year of our Lord one thousand seven hundred and seventy six he went with a small party of men from the City of Schenectady of the now Town of Grafton to Clifton Park and Ballston that the party was under the said Captain Van Eps. This expedition or Scout lasted only about one week.
That in the year of our Lord one Thousand seven hundred and seventy seven this deponent was drafted into the said Company of Captain Abraham Van Eps to go to Saratoga that the Company mustered in the Spring

of the year at Schenectady aforesaid that they marched from Schenectady to Saratoga and were stationed on the line between Albany and Bemis Heights to prevent the march of the enemy who were expected to force their way to Albany under General Burgoyne that he was at Bemis Heights and Stillwater and Saratoga and at Lowens Ferry That he this deponent continued doing duty in the Compa- ny aforesaid as private soldier from May 1777. Until September of the same year when he was permitted to return home being sick that he has no discharge in writing he was in actual service more than three months does not recollect the Col. or Major
That in the fall of the year 1780. he was drafted to go to Stone Arabia and was marched there under the Command of his Captain Walter Vrooman as he thinks and continued at Stone Arabia Fort & on Scouts near the Fort for more than two months that he was placed there to keep Guard and watch the place from the ravage of Indians and Tories & the enemy That he was discharged in the month of December of the year one thousand seven hundred and eighty he had no written discharge.
That previous to this he was drafted to go to Schoharie in the year of our Lord one thousand seven hun- dred and seventy nine into the said Company of Walter Vroo- man Captain as a militia man. That the Company left Schenectady in the month of August 1779. and marched to Schoharie where they continued until the last of Novem- ber doing duty in the said Company as a private soldier keep- ing watch and Guard that he was drafted for three months and faithfully served out his Term when he was discharged. he has no written discharge.
And this deponent further says during the war of the Revolution he was frequently out on short expeditions and Scouts in pursuit of Indians and Tories at other and different times from these above detailed that he verily believes he was in actual military duty this way together with the above mentioned expeditions more than one year in the war of the Revolution And this deponent further says he has continued to reside in the Town of Glenville ever since the war of the Revolution and is now very indigent and hopes he may receive a pension to alleviate his necessities.

THE FOLLOWING are the names of some of the regular officers whom he knew, or who were with the troops where he served, and such continental and militia regiments or companies with which he served, or as he can recollect, viz: John L. ...
Genl Van Klief Col Willet Col Wemple Major Suits Col Van Dyke.
He never received any written discharge from the service.
He has no _____ documentary evidence, and knows of no person whose testimony he can procure who can testify to his service except the depositions here to annexed
The following are the names of persons to whom he is known in his present neighborhood, and who can testify as to his character for veracity, and their belief of his services as a soldier of the revolution, to wit Rev James Murphy, Stephen A. Tazget, Jacob Volborn, Peter Sanders and James Caw
He hereby relinquishes every claim whatever, 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.
Subscribed and sworn to the } day and year first aforesaid }
John S. Vrooman
Clerk.
Jacob his Lysport mark
This Certifies that the undersigned knows Jacob Lysport, and has generally heard it reported that he did service in the Revolutionary war, and to the best of the undersigned's knowledge, is an honest man and one whom he would not hesitate to believe under oath - Glenville Oct. 19 th 1832
J. Murphy
Minister of the Reformed Dutch Church of Glenville. County of Schenectady
affirmed in open Court this 19th day of October 1832
John S. Vrooman Clerk

County of Schenectady to wit: Alexander Van Es of the Town of Glenville being duly sworn doth depose and say that during the war of the Revolution he this deponent was frequently out in scouts with the said Jacob Lysport with  and this deponent was then and has ever since been well acquainted with said Jacob Lysport who has subscribed to and sworn to the foregoing declaration deponent believes he was out with him five or six different times some times after Indians some times after Joe Bratt the famous Tory that the whole of these would amount to full one month in actual duty That the place Schenectady where they lived at that time was infested with Tories and Indians and spies that Lysport was a good Whig and is a man of truth and veracity.
Subscribed & sworn in open court this 19th day of October 1832
Alexander Van Es sworn
Chas. L. Vrooman Clerk

WE  Jacob Osburn residing in the Town of Glenville in the county of Chenango aforesaid, and Peter Sanders  Wm L Daggett residing in the same place  James Murphy do hereby certify that we are well acquainted with Jacob Osburn who has subscribed and sworn to the above declaration; that we believe him to be seventy three 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.
Subscribed and sworn the 7 day and year aforesaid John S. Woodman Clerk.
Jacob Osburn Peter Sanders James Murphy Wm L Daggett
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 James Murphy who has signed the foregoing certificate is a clergyman & that Stephen A. Daggett  Jacob Osburn , Peter Sanders & James Murphy who also signed the same, are residents in the Town of Glenville aforesaid & Stephen A. Daggett is a Christian credible person, and that their statement is entitled to credit.
John S. Woodman Clerk of the Court of Common Pleas, in and for the county of Chenango do hereby certify, that the foregoing contains the original proceedings of the said Court in the matter of the application of Jacob Osburn for a pension.
In testimony whereof I have hereunto set my hand and seal of office, this nineteenth day of October in the year of our Lord one thousand eight hundred and thirty- two .
John S. Woodman Clerk.

County of Schenectady to wit. Thomas Jackson of the City of Schenectady being duly sworn doth depose and say that he is well acquainted with Jacob Lyport who has sworn to and subscribed to the foregoing declaration and that he knew him in the war of the Revolution that he recollects in the year 1777. in the County of Saratoga at a place called the Spriant or Lowdens Ferry he this deponent saw the deponent saw the said Jacob Lyport, doing duty as a soldier he saw him there during that summer twice he recollects, deponent was four or five months in the service at Bemis heights and other places and Forts in the County of Saratoga.  Subscribed & sworn in } Thomas Jackson open Court this 19th day } mark of October 1832  John L. Vrooman Clerk

The Pension Papers of Jacob Lyport.
18397 v
proof
No 5
Stephen A. Duggett Agent. — Schenectady —

County of Schenectady ss.
On this eighteenth day of October 1832 personally appeared in Open Court Frederick Van Patten — before Judges of the Court of Common Pleas of the County of Schenectady in the State of New York who being duly sworn according to law deposes and says that he is well acquainted with Jacob Lysport who has subscribed and swore to the foregoing declaration and has known him ever since the Revolution & long before that this deponent recollects the said Jacob Lysport was drafted as a private soldier in the Company commanded by Walter Vrooman in the Regiment of Major Swift & Col. Wemple at Schenectady That he went to Schoharie to a Fort called the Upper Fort at Vrooman's Landing and knows that he did Military duty as a soldier at said place in the year 1779. for more than month that said Lysport was a faithful soldier and did duty barefooted late in the fall of the year 1779. subscribed & sworn in } Frederick Van Patten Open Court this 18 th } Frederick Van Patten 1832 } mark
Edward Vrooman Clerk
State of New York
Schenectady County ss. { Garnet Van Eps of Glenville aforesaid being duly sworn doth depose and say that he this deponent was doing duty as a soldier in the Expedition at Stone Arabia A.D. 1780. that he believes  is that the above mentioned Jacob Lysport was at that place doing duty as a soldier and verily believes he was out as stated in his foregoing declaration of the said Jacob Lysport made this day to obtain the benefit of the

act. of Congress passed June 7, 1832.
Subscribed & sworn to in Open Court this 18th day of Oct. 1832 John S. Rooma - Clerk
his Garret X Van Eps mark

No 16397 Jacob Tipton Schenectady 6 o N.Y.
Grand
Sturtevant Dazzler Schenectady 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 subjjoined 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. These points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus: { ). You will, when you return your papers to 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, shewing the Service of Jacob Typort Schenectady 6 th N.Y.
   Period when the service was rendered Duration of the claimant's service. Rank of the claimant. Names and Rank of the Company officers under whom he served. Names and Rank of the General and Field officers. Battles in which the applicant was engaged. Country through which he marched. Place of abode when he entered the service, and age at the present period. Evidence by which the declaration is supported.   Years. Months. Days.     Enrolled 1775 3 Private Capt. John Van Dyke Maj. Genl. Philip Schuyler Down R. R. to Albany 73 Alb. Van Dyke as to part of the service   1776 about 7 Col. William Gansevoort Albany as to part of the service   Drafted 1777 3 and more Capt. William Van Dyke Maj. Genl. John Sullivan Albany as to part of the service   Drafted 1780 2 and more Albany as to part of the service   Drafted 1779 3 Albany as to part of the service  
I am, respectfully,
Your obedient servant,
J. L. EDWARDS,
Commissioner of Pensions.

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 day 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 enquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
Applicants unable to appear in Court by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court.
Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature.
No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.
[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.

Reuben
13813
INVALID.
File No. 13.813
Jacob Lysport Dis. New War
Act: June 1 th 32
Index:—Vol. 1 , Page 239
[Arrangement of 1870.]

The pension Papers of Jacob Lyport.
Adm d 8 mo. per m $26.66
Stephen A. Daggett agent Schenectady. N. Y.

State of New York and County of Schenectady, Swit 2 : Personally appeared before me the undersigned a justice of the Peace in and for the City and County of Schenectady Jacob Lyport Who being duly sworn deposeth and saith that by reason of old age and the consequent loss of memory he can not swear positiv- ly 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 3 grades For three months he served in the year 1777. in the company of Captain Abraham Van Eps as a private draft- ed soldier he thinks that Col. Christopher Yates was Col. and Abraham Wemple was Lieutenant Col. - Abraham Swits was Major, - And in the year 1780. he served as a private drafted soldier in the 2 company of Captain Walter Vrooman for two months in the Regiment as he thinks of Col. Willet. and he thinks the Major was Van Buns Courten. —
That in the year 1779. he served in 3 the Company of Walter Vrooman for three months The Company was attached to Col. Butlers. Regiment That he was drafted as a militia militia man. —
That he served as a scout one week at one time. and was frequently out on scouts at other times that he claims a pension for eight months and seven days as a private That during this time he was not employed in any civil pursuit but was all the several times on duty as a militia soldier either in the field or in the garrison. —
Sworn before me This 23 rd day of March 1833 I Jacob X Lyport Mark

City and County of Schenectady and State of New York ss
I John S. Vrooman Clerk of the Court of Common Pleas of the County of Schenectady and State of New York Do certify that Elmer L. Davis Esq before whom the foregoing affidavit was taken was at the time the same bears date a justice of the peace of the City of Schenectady. I also certify that James Murphy is a clergyman and that he swore to the deposition annexed to the pension papers of Jacob Lypert I also certify that Alexander Van Eps Thomas Jackson Frederick Van Patten and Garret Van Eps the persons who swore to the depositions annexed to the declaration of said Jacob Lypert are persons known to me and that they are respectively in my opinion persons of good moral character and that they are credible persons and that their statement is entitled to credit. In Testimony whereof I have hereunto set my hand and affixed the seal of the said Court which is the seal of my office This twenty third day of May in the year of our Lord one thousand Eight hundred and thirty three.
John S. Vrooman Clerk