Revolutionary War Pension and Bounty Land Warrant Application File S. 11,203, for Isaac Payne, New York

SERVICE
NUMBER
New York
Payne, Isaac
S 11,203
carded
CONTENTS
Twelve horizontal dotted lines for writing.
Twelve horizontal dotted lines for writing.

Dead. See letters to all. P. ag. Oct 27. & to N. Y. T. Nov. 3. 1835-
New York 20.437
Isaac Payne of Suffolk Co. in the State of N. York who was a Private in the Comp. commanded by Captain Mudford — of the Regt. commanded by Col. Drake — on the New York line for 9 Mos.
Inscribed on the Roll of New York at the rate of 30 Dollars — Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 12 day of Sept. 1833 and Sister  M. B. Brewster W. Suffolk Co. B.
Amount to the 4th Sept. 33 $ 6, 9 Sem.-ant. allowance ending 1 Sep. 33  1, 5
$90
{ Revolutionary Claim, } Act June 7, 1832. }
Recorded by W. L. Williams Clerk, Book E. Vol. 1. Page 72

13-194 Isaac Payne Suffolk Co. N.Y.
admitted new Beate
goma 2.3
P. 384
May '33
Joseph L. Huntley Clerk of Court Suffolk D.C. I B Strong Suffolk Co. N.Y.

BRIEF in the case of Isaac Payne  of Brookhaven Suffolk Co in the State of New York.  (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge? Open Court  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?  3. How old is he? 76 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.     Aug 1775 (Minutemen) 3 — — private Gen. Capt. J. M. Mott   May 1776. — 6 — " Capt. L. Pierson & Col. Drake  
 5. In what battles was he engaged? White Plains  6. Where did he reside when he entered the service? East Hampton N York  7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls? by living witnesses  8. Are the papers defective as to form or authentication? and if so, in what respect? Stephen Wells deposition is defective. 
I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
Hezekiah Catts Examining Clerk.

State of New York } County of Suffolk }
On this second day of October in the year 1832 personally appeared in open Court before the judges of the Court of Common Pleas of the said County of Suffolk being a Court of records of the said County and State, now sitting, Isaac Payne a resident of the Town of Brookhaven in the County and State aforesaid aged seventy six years on the twelfth day of May last, 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 was born in the Town of East Hampton in the said County and State on the 12 th of May 1756. That he has not any record of his age except such as he has made from the representations of his parents. That he was living in the said Town of East Hampton at the several times when he enlisted as hereinafter mentioned, and continued to reside there except whilst engaged in the service of his country until he was sixty years old when he removed into the said Town of Brookhaven where he has resided ever since and still resides there. That he entered the service of the United States under the following names often used as hereinafter mentioned. That some time in the month of August 1775 but the particular day he cannot recollect at East Hampton aforesaid he enlisted as a volunteer as a private soldier in a company of Minute men of which Ezekiel Mulford was Captain, and Nathaniel Hand first Lieutenant but for no particular term of time. That this opponent still remains at East Hampton, but was constantly called by his officers and held himself at all times ready for more active service should he be called upon until he again enlisted as hereinafter mentioned. That the object for which the said company was enlisted was to repel the invasions of the British who were in the habit of landing in Montauk and other parts of the coast and carrying off the cattle and that the soldiers were duly equipped and maneuvered and held themselves in readiness at all times for the service. That this opponent has no documentary evidence to prove his service in that company, nor is any one now alive, who then served with him. That some time in the month of May 1776 but the particular day he cannot recollect he enlisted out of his said first company in East Hampton aforesaid to serve as a private soldier for six calendar months.

in a company of New York State troops commanded by Captain David Pearson of which Stephen Howells was first Lieutenant and Thomas Baker second Lieutenant in a Regiment of which Colonel Drake was Commandant and the other field officers were Lieutenant Colonel Hallock as they pronounced the name and Major Hatfield, in General Scott's Brigade. That sixteen of the said company were entitled in East Hampton offered and joined the remainder of the company in the adjoining Town of Southampton where they were duly enrolled. That on Saturday the first day of June following he commenced marching towards New York with his said company, the first night they halted and put up at Isaac Howell's at Quogue. The next day they attended Church at Beavertown and the following night put up at Greenplace. The next night they rested at a tavern a few miles East of Hempstead Plains the next night they halted at Farmingdale and on the next day at ten o'clock in the morning they marched into New York and were stationed in a building near Beckman's slip where they joined their Regiment and Brigade. That they were encamped at Beckman's slip nearly a fortnight, then in cherry tent about a fortnight from thence into the barracks at Greenpoint about where the old State Prison stood. That they were engaged there in building a fort on a hill. That this department's business was to cut up turf and wheel it in a hand barrow to the fort. That whilst in this service this department was sent in a company of about twenty in a boat to bring provisions from the City. That in pushing off the boat this department exerted himself so much that he caused a hernia or rupture in the groin with which he was confined in the hospital twenty nine days. That said hernia has continued ever since and now debilitates him from attending to active employments. That this department joined his said company from the hospital on the day when the British landed on Long Island. That this department immediately crossed over to Brooklyn and went to Flatbush with his Brigade where they staid forty eight hours and then went up and manned the inner lines between Forts Greene and Box in the latter of which General Putnam was stationed. That the British attacked them here but were driven back by our forces. That during the attack General Putnam stood on the top of the breast work encouraging the men to do their duty. That the following night which this department thinks was the 27 th of August this department retreated with the American forces into New York where he arrived just as the clouds of smoke those

That this deponent remained in New York until the 15 th of September on which day he went down with his Brigade and other forces to assist the British who were landing under the fire from five ships of war about three miles from New York on the East river side. That the American forces were obliged to retreat with the loss of all their baggage and this deponent went with them to Kingsbridge, on the next day they were ordered back about three miles to fight the British but the battle was over before they reached there and they returned to Kingsbridge, where they staid about a fortnight and constructed barracks. From there they were driven by the British and retreated to White Plains. At this place this deponent was engaged in the battle commonly called the battle of White Plains. From thence this deponent's Brigade retired to Peekskill where Colonel Drake resided. Here this deponent was taken more unwell with the fever and other complaint, and was unable to accompany the American forces which crossed the Hudson River to fight the Hessians. That this deponent remained unwell and entirely unfit for duty at the place fitted up for a hospital until after the term for which he enlisted as aforesaid had expired. That his said term expired six days after the American forces crossed the river as aforesaid. That his friend Lieutenant Hume crossed the river with the other forces, and from this cause was unable to state from his own knowledge that this deponent had served out his full term in his affidavit herewith submitted. That this deponent did however actually serve out the whole of said term, when he returned home in company with others of his company who enlisted with him and had served out their term. That this deponent never had an  has not any  written discharge nor no documentary evidence except the said affidavit of Lieutenant Hume to prove his said service. And this deponent further says that he left the river early in December 1776 but the particular day he does not recollect and reached home the latter part of that month or the beginning of January 1777 - and this deponent hopes to be able to prove the testimony of Jonathan and Louis Pampal Pattle, who served with him in the said last mentioned company and in new line should they be able to attend Court. 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.
Isaac Pattle
Sworn to and subscribed in open Court? the day and year aforesaid B. G. [unintelligible] Clk

Day and year aforesaid
Joseph N Hunting Esq.
Lewis Langford Jonathan Dithell
We Nathaniel Miller and Henry P. Osborn ————— both residing in the Town of Brookhaven in the said County do hereby certify that we are well acquainted with Isaac Payne who has subscribed and sworn to the above declaration that we believe him to be 76 years of age. That he is a man of undoubted veracity. That he is respected and liked in the neighborhood where he resides. To have been a soldier of the Revolutionary and that we concur in that opinion.
Green and realized the day and year afterward
Joseph H Huntington Clerk
Grath Miller — Henry & Osborne
Hasa Ponge
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 mentioned applicant was a Revolutionary soldier and served as he states and the Court further certifies that it appears to them that Nathaniel Miller and Henry P. Osborn ————— who have signed the foregoing certificate are residents in the said Town of Brookhaven and entitled persons and that their statement is entitled to credit.
I Joseph B. Huntington Clerk of the Court of Common Pleas of the said County of Suffolk do hereby certify that the foregoing contains the original proceedings of the said Court in the matter the application of Isaac Payne for a pension.
In testimony whereof I have hereunto set my hand and seal of office this Second day of October in the year one thousand eight hundred and thirty two —
Boyer & Hunting Co.

Isaac Payne
Acorn
9 mo. per
30 A

Deposition of Stephen Hould

State of New York } ss. Be it known that on the Suffolk County } 7th day of May 1830. Personally appeared before me Henry B. Havens one of the Justices of the Peace of the said County, who being duly sworn : Stephen Howell of the Town of Southampton in said County, who being duly sworn by me, saith that he the said the said Stephen Howell in the year 1776, enlisted under Captain David - Peirson of the Town of Southampton in the County aforesaid, as First Lieutenant, whose Company belonged to Col. Drake's Regiment, which Regiment formed a part of General Scott's Brigade, and that the said Company was stationed in New York, and on the west end of Long Island, and that Isaac Payne then of the said Town of Easthampton in said County, and now residing in the Town of Brookhaven in said County, did at the same time enlist into the Company aforesaid, and served therein nearly six months and further the deponent saith not.
Sworn and Subscribed before me the 7th day of May 1830. H. B. Havens Justice Peace
Stephen Howell

In Suffolk Common Pleas
State of New York
May term 28 th May 1833
The said Court certifies that it satisfactorily appears to them that Lewis Sanford and Jonathan Tuttle who have subscribed and sworn to the certificate subscribed to the annexed declaration of Isaac Payne are residents, the said Lewis Sanford of the Town of Southampton and the said Jonathan Tuttle of the Town of Southampton both in the said County of Suffolk, that they are credit persons and that their statement is entitled to credit, and that Stephen Howell who has subscribed and sworn to the annexed affidavit before H. B. Warren Esq has since departed this life, that he then resided in the said Town of Southampton and was a credit person and that his statement is entitled to credit.
I Joseph B. Huntting Clerk of the Court of Common Pleas of the said County of Suffolk do hereby certify that the foregoing contains the original proceedings of the said Court at the present term in the matter of the application of Isaac Payne for a perjury. and I do further certify that Henry B. Warren before whom the annexed affidavit of the said Stephen Howell purports to have been sworn was at the date of the same and from thence has been and still is a justice of the peace of the said County, that I am acquainted with his handwriting and only believe his name subscribed to the said affidavit to be his proper handwriting and signature.
In testimony whereof I have hereunto set my hand and seal of office this 28 th day of May in the year one thousand eight hundred and thirty three.
Joseph B. Huntting

Rev. War
11203 INVALID.
File No. 11,203
Isaac Payne Priv. Rev. War
Act: June 7 th 1832
Index:—Vol. A , Page 289
[Arrangement of 1870.]

Isaac Payne

BRIEF objections to the admission of Pension Claims , of which those answered in the negative, in red ink, will apply to the claim of Isaac Payne  Eliza Crosson  Suffolk Co. N.Y. 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? yes 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? 3 witnesses
XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it? No
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's name is not found on the rolls of military service, has he produced a witness or witnesses as to his service? yes
If he has produced direct proof as to service, has the magistrate who administered the oath, certified to the credibility of the witness or witnesses? yes
Has the proper officer certified to the official character and signature of the magistrate as the regulations direct? No
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? yes
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? yes
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. Some persons who apply for pensions merely state 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 shewn 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.
†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 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.
¶ In every case where the clerk of the court, or other certifying officer, 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.

Ezra Ames
Oct 30 '35
Isaac Payne
James L. Jones Barnes & Noble University of Penn City of Phila

Nov 21 Mr. Brewster
James L. Edwards Esquire Commr of Pensions War Department City of Washington

Mch. & Francis Bank Albany Pension Agency October 30. 1835.
James L. Edwards Esq., Chairman of Pensions,
Sir, In reply to your letter of the 27 th inst. I have to state that Issue Paym ts last paid to 4 th Sept. 1833. - Very resp ly .
Yr ob t Serv t .
Ezra Ames Pst. & Pension agent

Mechanics Bank New York 21 st October 1835
Sir
I enclose for your examination the papers in the case of Isaac Payne deceased, a Private at $30 per Annum.
It appears that no application has been made for his stipend for four successive periods of payment.
This pensioner's residence not being upon our Books, his name was inserted in the List prepared here for the Albany Agency. Will you be pleased to have it retransferred to this Bank.
I am very Respectfully Your Obedt Servt J. W. Fleming Presd t of the Board
James L Edwards Esq Commissioner of Pensions