Revolutionary War Pension and Bounty Land Warrant Application File W. 10883, for James H Peek, New York

SERVICE
NUMBER
New York
Peck, James H. Peake, Jacobus
W. 10883
or Peck, Jacobus H.
CONTENTS
Sarah

160 8.80 72 20 80 4 88 192.80 25 385.60 400 96.40 482.00
100 24.100 New York James H. Peek of Schenectady, in the State of New York who was a Lieut. Col. in the Corps commanded by Captain Dubois of the Regt. commanded by Col. Dubois in the New York line for 12 Months & 22 days. Lieut. 4 " " 25 " Sergt.
Inscribed on the Roll of New York at the rate of 192 Dollars 80 Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 30 day of Oct. 1833 and unto G. H. Bates Schenectady.
Arrears to the 4th of Sep '33 $482.00 Semi-ant. allowance ending 4th of Sep '34 96.40 $578.40
{ Revolutionary Claim, } { Act June 7, 1832. } G. H. Bates
Recorded by G. H. Bates Clerk, Book E Vol. 4, Page 113

Albany N. York 3 72 Sarah Peck of Schenectady in the State of N.Y. who was a _____ in the _____ commanded by Captain _____ of the _____ commanded by _____ in the _____ time for widow of James H. Peck deceased a Sergeant & Lieut. in the Revolution N.Y.
Inscribed on the Roll of Albany at the rate of 192 Dollars 80 Cents per annum to commence on the 4th day of March, 1831. amt pr. to 23 Sept 1835 to be deducted Certificate of Pension issued the 27 day of Janry 1837 and Rent thereon Hon. John Cramer N. of Reps Arrears to the 4th of Sept 1836 $1060.40 Semi-ant. allowance ending 4 Mar 37- 96.40 $1156.80
act. 4 July 1836 { Revolutionary Claim, } { Act June 7, 1832. } Recorded by N. H. Addison Clerk Book A Vol. 1 Page 136

application of Sarah Peck
for a pension under the act of 4 July 1836.
N o 4.
old case 920. 3. Aus.
adm d
4 mo. 250s. lengt.
12 - 22 licut.
$192. 80 / 100
for J. O. Brainer
deduct. died 23 sept. 1835
spouse up
Agent Giles F. Yates
Schuchert
Nov.
10-1-36 P. C. ... W. ...

County of Schenectady ss 3 Eve Wendell of the Town of the Charlton County of Saratoga aged sixty nine years and upwards being duly sworn, doth depose and say, that the facts set forth in the annexed or following Supple- mental declaration of Sarah Peck are true and Correct according to the best of the recollection of this deponent. — That she this deponent is a sister of said Sarah Peck — and was present when she the said Sarah and James H. Peck were joined in Wedlock as is in said declaration set forth — and further that said Sarah Peck since the decease of her said husband James H Peck (in September 1835) has remained single and Unmarried and is still Unmarried Sworn this 16th day of December 1836 before me Eve Wendell John N. Van Eps Justice of the peace
I the said John N. Van Eps do hereby certify, that I am well acquainted with the above deponent Eve Wendell and believe her to be a lady of veracity & credibility. Decr 17 th 1836 John N. Van Eps
State of New York } Schenectady County } Clerk's Office ss. } I Jonathan C. Burnham Clerk of the County aforesaid, do hereby certify that John H. Van Eps before whom the foregoing affidavit of Eve Wendell purports to have been taken was on the date of said Affidavit Justice of the peace in & for the said City of Schenectada duly authorized to administer oaths, & that I am well acquainted with his hand writing & verily believe that his name subscribed to to said affidavit & to the foregoing Certificate of Character is genuine Witness my hand & Seal of Office Decr. 20 th 1836 J. C. Burnham Clerk

STATE OF NEW-YORK, ss.
On this fourteenth day of October 1836, personally appeared before John Titus Esq. one of the Judges of the Court of Common Pleas in & for the County of Schenectada in said State, Sarah Peek a resident of the City of Schenectada in the county of Schenectada and State of New York, aged Twenty four years, who being first duly sworn according to law, doth on her oath, make the following declaration, in order to obtain the benefit of the provision made by the act of Congress, passed July 4, 1836: That she is the widow of James H. Peek who was a Sergeant & Lieutenant in the army of the revolution & received a pension under the act of 7 th June 1832 of $192 80 per annum, & was placed on the pension roll on the 30 th of October 1833
She further declares that she was married to the said James H. Peek on the twenty first day of July, in the year seventeen hundred and eighty; that her husband, the aforesaid James H. Peek, died on the twenty first day of September 1835, and that she has remained a widow ever since that period, as will more fully appear by reference to the proof hereunto annexed.
Sworn to, and subscribed, on the day and year above written, before me the said Judge
John Titus -
Sarah X Peek her mark
I, John Titus before whom the foregoing declaration has been made and sworn to, do certify that the before named Declarant Sarah Peek is a lady of credibility, and that she cannot write her name owing to old age and infirmity of body; for which reason also she cannot appear in Court.
In testimony whereof, I the said Judge have hereunto set my hand this October 1836.
County of Schenectada ss.
John Titus -
Sarah Peek the above declarant being further duly sworn saith, that she was married on the day and year in the above declaration mentioned in said City of Schenectada in said County at the dwelling house of her father John Peek by the Rev. Barent Vrooman then pastor of the Dutch Church of said City, and that the only persons present at the performance of the ceremony of marriage were Eve Wendell, Henry H. Peek her brother, Margaret Banker, Col. Christopher Yates his wife Jane, Col. Cornelius Van Dyck & Tannaka his wife, and that every one of those individuals have long since departed this life except said Henry H. Peek and Eve Wendell.
Subscribed & sworn this 28 th November 1836, before me }
Sarah X Peek her mark
John H. Van Eps Justice of the peace

Justice of the peace
I, the said John H. Van Eps Justice do hereby certify that I am well acquainted with the above deponent Henry H. Peck & believe him to be a man of veracity and credibility. Witness my hand, this 28 th day of November 1836. Note - Eve Windill's name written on margin in the foregoing affidavit. John H. Van Eps
County of Schenectada ss. - Isaac De Graff of the City of Schenectada in said County, aged twenty nine years and upwards, being duly sworn and examined, doth depose and say, that he was during the life of James H. Peek referred to and described in the foregoing de- -claration, well acquainted with said James H. Peek, since the year 1780 - that this Depo- -nent verily believes that said James H. Peek was legally married to said Sarah Peek as set forth in the foregoing declarations of said Sarah

that this deponent knows that they had (the said James & Sarah) lived together as man & wife since the year 1780 aforesaid until the day of his death in 1835, and that she has remained single & unmarried ever since.
Subscribed & sworn this 16 th day of Dec 1836. before me
Isaac DeGraff
John I. DeGraff Mayor of the City of Schenectady
I, John I. DeGraff Mayor of said city of Schenectady, do hereby certify that Isaac DeGraff who has subscribed & taken the foregoing affidavit before me, is a gentleman of credibility & veracity. Dec 16 th 1836.
John I. DeGraff Mayor of the City of Schenectady
City of Schenectady State of New York Mayor's office 16 Dec 1836
I do certify that I have been personally acquainted with James & Sarah his wife for more than forty years, and from their known respectability I have no doubt they were legally married, as stated. John I. DeGraff Mayor of the City of Schenectady
Dec. 28 th 1836 J. C. Burnham Clerk

I, Jacob Van Kechten Pastor of the Reformed Dutch Church of the City of Schenectada, do hereby certify that I have examined the Register of said Church, and find that there is a considerable hiatus in the Register of marriages, which were solemnized during the revolutionary war, which accounts for the circumstance of there being no record of the marriage of James H. Peck & Sarah Peck within named. That they were legally married however I entertain no doubt. That I have been acquainted with her for at least twenty years and from her known respectability, am satisfied that her statements within given are correct. Given under my hand this 16 th day of December 1836.
Jacob Van Kechten
State of New York County of Schenectada Clerk's Office } ss. I Jonathan Burnham Clerk of said County, do hereby certify that John Titus before whom the foregoing declaration of Sarah Peck purports to have been taken, was at the time thereof and is now one of the judges of the Court of Common Pleas in and for said County, duly Commissioned & sworn - that I am well acquainted with the handwriting of said John Titus and verily believe that the signature to said declaration & certificate purporting to be his, is genuine. I further certify that John H. Van Eps before whom the foregoing affidavit of Henry H. Peck purports to have been taken, and the supplemental declaration of Sarah Peck subscribed & sworn

and also the affidavit of Eve Wendell was at the time thereof and is now a Justice of the Peace in and for said County duly Commissioned and sworn that I am well acquainted with the handwriting of said John H. Van Eps, and verily believe that the signature of said John H. Van Eps to said affidavit & certificate, are genuine. I further Certify that John S. De Graff Esq before whom the foregoing affidavit of Isaac De Graff & certificate thereto annexed, purport to have been signed, was at the time thereof and is now Mayor of the City of Sche- nectady duly authorized by law to ad- minister oaths - that I am well acquainted with the handwriting of said John S. De Graff and verily believe his signature to said affidavit of Isaac De Graff and to the certificates thereto annexed, to be genuine. I further Certify, that I am well acquaint- ed with Jacob Van Vichten whose name appears to the Certificate herein imme- diately preceding, and know him to be the Pastor of the Reformed Dutch Church in said City as is in said Certificate stated, and that his signature to said Certificate is genuine.
In testimony whereof I have hereunto set my hand & affixed my seal of office this twentieth day of December 1836. -
J. C. Burnham Clerk
Dred. 28 th 1836 J. C. Burnham Clerk

160.20
James H. Peak N.Y.
c.f. Admitted
Suzanne
Limit - 12 Mo & 22 days
Suzanne 4 in 20 77 . 17
on role
in Vol 6, p 24 - $84.41
" " " - 5. -
rolls for the year 1780 only 300
84.41 - 3 Mo & 10 days
100 days
Giles F. Yates, agent
Schenectady New York

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, shewing the Service of James H. Peck of Seneca County New York
   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.     Volun 1775 X Private Capt. John Myndecke Colo. Abraham Wemple To Albany Schenectady New York Aged 74 Traditionary   1776 14 Second Lieutenant Lieut. Aaron Myndecke Majors John Myndecke Brook Hill West Point Living witness   1777 4 24 Brig Genl. John Myndecke Bemis Heights Hudson Documentary Evidence   1778 3 about 42 Second Lieutenant Brig Genl. John Myndecke Albany X   1779 1 95 Second Lieutenant Genl. Abraham Wemple Albany He Declared   1780 Second Lieutenant Colo. Lewis Dubois Albany James H. Peck   1783 3 3 Lieut in the Company in Company in Company in which he first served Capt. Benj. Dubois Major Van Burshoten Albany One of the annuities is issued to Jacobus Peck  
He can say nothing about his service for more than 2 years
I am, respectfully,
Your obedient servant,
J. L. EDWARDS, Commissioner of Pensions.
X says he served till the end of the war 1783 - but cannot be sure of the exact time as to the various terms

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
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 (I) 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

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 he 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.
¶ 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.
[k] This traditional evidence is indispensable in militia cases.
[l] If a witness cannot be found, the declarant must state the fact.
[m] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.

State of New York County of Schenectady } ss.
On this 24 th Day of July in the year of our Lord One thousand eight hundred and thirty-two, personally appeared before me James V. S. Ryley one of the Judges of the Court of Common Pleas in & for said County of Schenectady, James (or Ja- cobus) H. Peck to me well known, a resident of the Town of Rotterdam in said County, aged about seventy four 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 the said James H. Peck was born in the then township now City of Schenectady on the 16 th day of August 1758, as he was informed by his parents, and as appears from a family Regis- ter left by them.
He lived in said City at the com- mencement of the revolutionary war. He resided there after said war, and continued there to reside until the year 1817, when he removed to the town of Rot- terdam aforesaid where he now lives.
In the fall of the year 1775, he entered the service of the United States in the army of the revolution as a volunteer, and attached himself to the Company of Minute men commanded by Captain John Mlynarse, and was chosen Second Lieutenant thereof. Lawrence Mlynarse was first Lieutenant and Abraham J. Truax Ensign. Having thus entered the service he did not leave the same until the close of

said war in the year 1783.
This Company of minute men was afterwards abolished rather converted into a Company of Militia retaining the same officers, and was attached to the Regiment whereof Abraham Wemple was Colonel, and Abraham Smith and Myndert Wemple Majors, and to the Brigade commanded by General Abraham Ten Broeck.
In confirmation of his appointment to the office of second Lieutenant as aforesaid he received a Commission (which accompanies this declaration) bearing date the 28 th June 1778 & signed by George Clinton Governor of the State of New York & countersigned by Abraham B. Van Riper Deputy Secretary.
On the 16 th of August 1780 he was honored with a Commission (which also accompanies this declaration) by which he was appointed second Lieutenant of a Company in "the Levies of this State to reinforce the army of the United States," and served as such for three months and two weeks, to wit until the 30 th day of November in the year 1780 last named. While in this service his field officers were Colonel Lewis Dubois, & Major (Van) Burschoten, and his captain's name was Benjamin Dubois. The names of his other Company & field officers he does not now recollect.
His term of service in said Company of Levies having expired, he immediately thereupon again entered the before named Company of John Mynderse (his office therein not having become vacated during his service in the levies as aforesaid), and he served as

Lieutenant therein without intermission until the end of the war.
He has done military duty on sundry occasions at the following posts and passes and has marched through all the places necessary to reach those posts: viz Albany, West Point, Tappan & other posts along the Hudson River, Cobleskill, Schoharie, Beavertown, Niskayuna, Ballston, Fort Edward, Fort Ann, Fort Miller, Fort Paris, Fort Hunter, Fort Plank, Fort Dayton, Fort Herkimer & other places on our then northern & western frontiers. But all the particular periods for which he served at those places it is impossible for him to specify. Some of the principal expeditions in which he engaged & the length of time he served in them, are as near as he can recollect them as follows.
In the month of January 1776, he was with his minute Company at Johnstown who with Captain Jellis Fonda's Company and other troops were sent thither to capture Sir John Johnson & his dependants (supposed to be between 3 & 400 in number) but who surrendered themselves prisoners of war. He was out in this expedition more than two weeks.
In the spring of the year 1776, he was with a detachment of militia at a place called Summerhouse Point in Sacandaga, and was there in service about three weeks under General Clinton in erecting fortifications at that place.
In the month of July 1777, he made

ched with his company to Fort Edward & was in service there, at Fort Ann, at Snook Kill, & other posts in and about Saratoga during the retreat of General Schuyler & until after the surrender of Burgoyne & his army, to wit for the term of nearly four months - He was in the Snook Kill battle, the battle at Bemis's Heights & in most of the skirmishes that took place during this campaign.
In the fall of the year 1778, he per- formed garrison duty at Fort Paris about three months - In the fall of the year 1779, he performed garrison duty at the last named fort & also at German Flatts for about six weeks. In the fall of the year 1780, he was sent by Colonel Dubois with 36 men to Fort Herki- mer (to) take command there, and he had the command of this fort for about five weeks - near the close of the month of Novem- ber in the year last named, the time of service of the militia & other troops stationed there having about expired, he could with difficulty prevent them from leaving the fort - as it was reported that a party of the enemy were ap- proaching, the desertion of this fort was an event seriously to be deprecating. By the 26 th of November the most of the troops had left the fort. The enemy were now near at hand. In this emergency hoping to delude the enemy with a show of strength, he fired off several field pieces in quick suc- cession. This had the desired effect - the enemy took a circuitous route & did not attack this fort. By this stratagem fort Dayton & fort Herkimer were both saved, with their

valuable stores -
On one occasion he took command of a party of Indians (20 in number) and went out to Beaverdam to guard the country at that place which was much infested with Tories and hostile Indians - with these he had many skirmishes, was out on numerous occasions for four or five days each as a scout & Indian spy, and often narrowly escaped with his life. Besides the battles before mentioned, when he was with the troops at Tappan in the year 1780, they had an encounter with a British Brig. He was a member of a Court Martial seven times, at the following places; viz, Ballston, Schenectady, Albany and Niskayuna. He has performed garrison duty on two occasions for a term of about three weeks each at the Schoharie forts - He was several times sent in search of the notorious Tory Joseph Betti & others his associates to Niskayuna, Ballston, & as far north as Lake George. He has very often served as Captain of the guard at the fortress in Schenectady - On one occasion he assisted in the apprehension of 23 Tories at Normans Kill & escorted them to Albany.
Although when in the militia he was not every day on military duty, yet if he should be required to say how long he was in actual service while in the militia, he can say within bounds for more than two years .
The following are some of the regular officers & Regiments whom & which he knew or with whom & which he served; to wit

Colonel Goosen Van Schaick & his Regiment Colonel Cornelius Van Dyck & his Regiment General Arnold, General Schuyler Gen- eral Gansevoort, General Gates, Colonel Christopher C. Yates, Colonels Harper, Dubois Willetts & their troops, Colonel Dayton & many others -
He can prove different portions of his services by witnesses now living - the depositions of some of whom are annexed.
The following are the names of persons in his neighbourhood who can testi- fy as to his character for veracity & their belief of his services as a soldier of the revolution: viz Garret S. Veeder & James V. S. Ryley, the former of Rotterdam & the latter of the City of Schenectady in said County - He hereby relinquishes every claim whatever to a pension or annuity except the present & declares that his name is not on the pension roll of the agency of any State.
James H. Peek
Subscribed & sworn to this 24 th July 1832, before me
James V. S. Ryley Judge of the Schenectady county courts
I, James V. S. Ryley before whom the preceding declaration of James H. Peek has been subscribed and sworn, do hereby certify that I am well acquainted with said James H. Peek, I have known

him during the revolutionary war, and for the last forty years - that he is a man of respectability and veracity - that he has been labouring under bodily infirmities for many years - has been for ten years past unable to leave his house & is now unable to leave his bed his bed - and I declare my opinion after a due investigation of the matter & after putting the interrogatories prescribed by the war Department that the before named applicant was a revolutionary soldier & served as he states. I moreover certify that I have personal knowledge of his services in said war, having myself served under him in the years 1778 & 1779 at Stone Arabia & other places - witness my hand this 13 th day of October 1832
James B. Ryley Judge
State of New-York County of Schenectady } ss.
Harmannus Peck a resident of the town of Fonda's bush in the County of Montgomery in said State being duly sworn & examined, doth depose and say that James H. Peck who has subscribed & sworn to the foregoing declaration was a Lieutenant as referred to and described in the said declaration - that this deponent served under him in the same Company, and was out with the said James in several of the military expeditions in said declaration mentioned; to wit at Beaverdam, Johnstown, -

Fort Plank, Schoharie, Fort Plain, Stone Arabia, Fort Edward, Saratoga & many other places -
Subscribed & sworn this 24 th July 1832
Harmanus Peck
before me
James V. Ryley Judge of Schenectady county courts -
I, James V. Ryley before whom the foregoing deposition of Harmanus Peck, has been taken, do hereby certify that I am well acquainted with said Harmanus Peck & that his statements are entitled to the fullest credit. Witness my hand this 13 th day of October 1832 James V. Ryley Judge
County of Schenectady ss
On this thirteenth day of October in the year 1832, personally appeared in open Court before the Judges of the Court of Common Pleas in & for said County, now sitting Adam Vrooman, a resident of the City of Schenectady in said County, who being duly sworn deposeth and saith, that he is well acquainted with James H. Peck who has subscribed & sworn to the pre- ceding declaration - that this Deponent enlisted as a private in the Company of John Myadum whereof said James H. Peck was one of the Lieutenants & served therein during the revo- lutionary war - and knows that said James H. Peck was in service at all the posts in said declaration mentioned except Tappan West-point, Fort Herkimer, Johnstown and

facondaga - this Deponent being in service - with said James H. Peck at all the other places in said declaration mentioned - this Deponent was also with him or in his Company at Stillwater during the retreat of General Schuyler in the year 1777 at the Battle of Snook-creek and other battles & skirmishes which took place previous to the surrender of Burgoyne during that year, and is certain that the term of the services of said James H. Peck in said Company of John Munderay far exceeded two years -
Adams Knapp Subscribed & sworn this day year aforesaid
John S. Vrooman Clerk WE Gerrit S. Vrooman residing in the town of Rotterdam in the county of Schenectady aforesaid, and James H. Peck residing in the city of Schenectady do hereby certify that we are well acquainted with James H. Peck who has subscribed and sworn to the above declaration; that we believe him to be seventy four 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 13 th day and year aforesaid the year 1832
Gerrit S. Vrooman James H. Peck
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 said James H. Peck cannot produce in court without too much expense & inconvenience the names of those whose deposition is hereto prefixed. That Gerrit S. Vrooman who signed the foregoing certificate is a good and James H. Peck who also signed the same, and resident in the county of Schenectady and in the city & town as therein stated and are credible persons, and that their statement is entitled to credit. As are also those of the other witnesses. I, John S. Vrooman Clerk of said county do hereby certify, that said James H. Peck before whom the preceding declaration & deposition have been sworn was at the time thereof one of the judges of said Court and further I, John S. Vrooman Clerk of the Court of Common Pleas, in and for the county of Schenectady do hereby certify, that the foregoing contains the original proceedings of the said Court in the matter of the application of James H. Peck for a pension.
In testimony whereof I have hereunto set my hand and seal of office, this Thirteenth day of October in the year of our Lord one thousand eight hundred and thirty-two.
John S. Vrooman Clerk.

REV WIDOW, &c.
File No. 10883
Sarah Peck
Wid.
Jas H. Peck
Engl. D. St. Re
Act: July 4 th 1836
Index:—Vol. (M) , Page 12
[Arrangement of 1870.]

Gas H Peck Serf V Lieut 192. 80/100. from N. York act 7. June 1832. when last p. D? G.M.C.
Albany Dec 23 Sep 1835 paid to that Journal J.H.
Jan 5. 1837.

State of New York County of Schenectady } ss
Personally appeared before me (the undersigned a Justice of the Peace in & for said County) James S. Peck who being duly sworn, deposed 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 in the following grades
As second Lieutenant in Captain John Mynderse's Company of Minute Men, (as set forth in the declaration by this deponent subscribed & sworn to & thereto annexed) he this deponent served from the fall of the year 1775 (except during the period he served in the State levies as herein after mentioned) until the end of the revolutionary war - marching from place to place, performing duty in the garrison and in the field against the common enemy and the Indians, protecting the country against the incursions and inroads & depreda- tions of the Indians & Tories. How long it took him to march from one place to another how long he lay in garrison at each fort, this deponent cannot more particularly state than he has done in said declaration, nor yet can he state all the places he performed military duty at, nor in what years, more specially than is herein after set forth.
In the expedition against Sir John Johnson

son in the month of January 1776, at least fifteen days in his capacity of Second Lieutenant as aforesaid -
In the Spring of the year 1776 in his capacity of Second Lieutenant as aforesaid at Sacondaga under General Clinton for a term exceeding twenty days -
In the same capacity from the beginning of July or the latter part of June 1777 until the surrender of Burgoyne, he performed military duty with the northern american army at Fort Edward & the other posts in that vicinity, to wit for a term in the whole exceeding One hundred ten days, being constantly without interruption on duty in the garrison & in the field during said period of one hundred and ten days
In the same capacity in the fall of the year 1778, he performed garrison duty at Fort Paris at least eighty five days
In the same grade or capacity in the fall of the year 1779, he performed garrison duty at the last named fort & also at the German Flatts for a term not less than forty days .
In the same grade he has been a member of a Court martial & discharged duty as such on seven different occasions, to wit at Ballston, Schenectady, Albany and Niskayuna for a period in the whole not less than thirty eight days - which period of thirty eight days is not included in any of the

308 T69 terms herein before or after specified. The particular years in which he performed this duty this Deponent cannot distinctly recollect
40 This Deponent has performed garrison duty at the Schoharie forts on two occasions, the particular times not recollected for the term of at least twenty days each time; to wit for at least forty days & in the grade of Lieutenant as aforesaid.
45 This Deponent has moreover in the grade aforesaid acted as an Indian spy on many occasions, and with detachments of men at different times has been in pursuit of Tories pursuant to orders from his Superior officers, viz to Beaverdam, Niskayuna Ballston & Lake George. Norman's Kill & others places as particularly set forth in said declaration. The whole period for which he thus served this Deponent verily believes is not less than three months, yet he will swear positively to at least forty five days
193 This Deponent in the grade aforesaid performed his quota of duty in guarding the Schenectady - garrisons, and often as Captain of the guard. The whole period he was on actual duty as such guard this Deponent is certified could not have been less than three months - While thus employed he was not engaged in any civil pursuit.
283 This Deponent in addition to the aforesaid service as Second Lieutenant as aforesaid for a period exceeding one year and five months, performed service in the
Some - 0900am Clerk

183 104 587 army of the United States as lieutenant pursuant to his commission annexed to his said Declaration, and as set forth therein for a term of three months and two weeks to wit from the 16 August to the 30 day of November 1780, at the Herkimer fort Albany, West point, Tappan & other posts and places along the Hudson river occupied by the American army during the period last af- oresaid, and for the aforesaid period of at least twelve months services, this Depo- nent claims a pension.
Subscribed & sworn this 28 th day of June 1833 before me
James H. Pease
J. D. Hartman Justice of the peace.

State of New York County of Schenectady ss
I, David Boyd of the City of Schenectady, first Judge of the County Courts in and for said County do hereby certify that I am now and have been for the last thirty years well acquainted with Jacobus or James H. Peck referred to in the annexed papers as an applicant for a pension under the act of 7 th June 1832, that said James or Jacobus has ever been reputed to have been an officer in the revolutionary war that I have examined the annexed com- missions purporting to have been issued the one to Jacobus Peake, the other to Jacobus H. Peck and am certified that they were both designed for the same person to wit the said James H. Peck the name "Jaco- bus" being the dutch word for "James" the said James being still known by the name of Jaco- bus, though in conformity with the usage of the present day, he writes his name James Witness my hand this 18 th day of July 1833
D. Boyd.
County of Schenectady ss Clerk's office - I John S. Wooman Clerk said county do hereby certify, that Joshua D. Harman before whom the preceding deposition of James H. Peck purports to have been taken, was on the day of the date thereof, a jus- tice of the peace in & for said County - that David Boyd who has signed the above certificate was on the day of the date thereof first Judge of the County Courts in & for said County, and that the signatures of said D. Harman & D. Boyd respectively are genuine Witness my hand & seal of office this 18 th day of July 1833
John S. Wooman Clerk

The People of the STATE of NEW-YORK , By the Grace of GOD , FREE and INDEPENDENT ;
To Jacob H. Peck Gentleman GREETING.
W E reposing especial Trust and Confidence, as well in your Patriotism, Conduct and Loyalty, as in your Valour and Readiness to do us good and faithful Service; HAVE appointed and constituted, and by these Presents, DO appoint and constitute you the said Jacob H. Peck Lieutenant of a Company in the Service of this State to reinforce the army of the United States
YOU are therefore, to take the said Company into your Charge and Care, as Lieutenant thereof, and duly to exercise the Officers and Soldiers of that Company in Arms, who are hereby commanded to obey you as their Lieutenant — and you are also to observe and follow such Orders and Directions, as you shall from Time to Time receive from our General and Commander in Chief of the Militia of our said State, or any other your Superior Officer, according to the Rules and Discipline of War, in Pursuance of the Trust reposed in you; and for so doing, This shall be YOUR COMMISSION , for and during our good Pleasure, to be signified by our Council of Appointment. IN TESTIMONY whereof we have caused our Seal for Military Commissions to be hereunto affixed. WITNESS our trusty and well beloved George Clinton Esquire our Governor of our State of NEW-YORK , General and Commander in Chief of all the Militia, and Admiral of the Navy of the same, by and with the Advice and Consent of our said Council of Appointment, at Kingston the first Day of July in the fourth Year of our INDEPENDENCE , and in the Year of our LORD , One Thousand Seven Hundred and Eighty
Passed the Secretary's Office, 16 th Aug t 1780.
By His EXCELLENCY'S Command,
Rob t H. Harper Dep y Secretary.
G. Clinton
Peck, James H. NY W10883

The People of the State of New York.
the Grace of God, FREE and INDEPENDENT.
To Jacobus Cooke, Esq. Greeting.
WE reposing especial Trust and Confidence, as well in your Patriotism, Con- -duct and Loyalty, as in your Valour and Readiness to do us good and faithful Service, have appointed and constituted, and by the present do appoint and constitute you the said Jacobus Cooke Esq. Captain of the Regiment of New York Light Artillery
into your charge and care as aforesaid, and of the and duly to exercise the Officers and Soldiers of that Company in Arms, who are hereby commanded to obey you as their and you are also to Observe and follow, such Orders and Directions, as you shall from time to time, receive from our General and Commander in chief of the Militia of our said State, or any other your Superior Officer, Ac- -cording to the Rules and discipline of War, in pursuance of the Trust reposed in you; and for so doing this shall be Your Commission, for and during our good pleasure, to be Signified by our Council of appointments. In Testimony whereof, we have caused our Seal for Military Commissions to be hereunto Affixed. Witness our Trusty and well beloved our Governor of our State of New York, General and Commander in chief of all the Militia, Admiral of the Navy of the same, by and with the Advice and Con- -sent of our Council of Appointment, at Albany the _____ day of _____ in the year of our Lord one Thousand seven Hundred and _____ and in the year of our Independence, and in the year of our Lord one Thousand seven Hundred and _____
Passed the Secretary's Office.
By His Excellency's Command!
Henry R. Livingston Secretary.
Signature of the Governor.
Peek, James H. NY 110883

Surrogate's Court
Harm Wedder &c
Compt
vs.
M. Van Guyling &c
Executor & of Peter V. Guyling decd.
Schenectady July
19 1832 Received ten Dollars and Sixty two cents in full for costs of plffs & Defendants Attorneys fees in the above cause also for Surrogate's fees.
A. H. Van Rensselaer Surrogate

State of New York County of Schenectady Court of Common Pleas
In the matter of the application of James H. Peck for a pension —
Proceedings
No 20
To the care of
Giles H. Yates Schenectady N.Y.
Peck, James H. NY W10883

What is the amount of 500 for 20 weeks at 3 3/4%
Cont N N 500 52 17 10 20 20 380 1250 20 1250 52 1000 134 1250 1000 1000
100 156 24 1/4 240 5 5 1/4 200 500 32 1000 1/4 12 52 304 7 364 20 4 54 80 1 92 10
500 52 17 10 20 20 380 1250 20 1250 52 1000 134 1250 1000 1000
100 156 24 1/4 240 5 5 1/4 200 500 32 1000 1/4 12 52 304 7 364 20 4 54 80 1 92 10
What is the amount of 500 for 20 weeks at 3 3/4% 52 17 10 20 20 380 1250 20 1250 52 1000 134 1250 1000 1000
What is the amount of 500 for 20 weeks at 3 3/4% 52 17 10 20 20 380 1250 20 1250 52 1000 134 1250 1000 1000
52 17 10 20 20 380 1250 20 1250 52 1000 134 1250 1000 1000
52 17 10 20 20 380 1250 20 1250 52 1000 134 1250 1000 1000
52 17 10 20 20 380 1250 20 1250 52 1000 134 1250 1000 1000
52 17 10 20 20 380 1250 20 1250 52 1000 134 1250 1000 1000

to 100 So is the amount given So the principal required
Examples
What principal being put to Interest for 9 years at 5 per cent amount
 to 925  \begin{array}{r}
 100 \quad 100 \quad 925 \\
 5 \quad 100 \\
 145 \overline{) 125000} ( 500 \\
 145000 \\
 0
 \end{array}  \begin{array}{r}
 100 \\
 300 \\
 9 \\
 165 \\
 100 \\
 155
 \end{array} 
What principal being put to Interest for 7 years will amount to 795 1/2 per cent
 \begin{array}{r}
 100 \quad 100 \quad 795 \frac{1}{2} \\
 7 \quad 100 \\
 100 \overline{) 79500} ( 620 \\
 100000 \\
 16000 \\
 2600 \\
 2500 \\
 100
 \end{array}  \begin{array}{r}
 100 \\
 400 \\
 7 \\
 20
 \end{array} 
What sum being put to Interest will amount to 520 1/2 for 8 years at 2 per cent
 \begin{array}{r}
 100 \quad 100 \quad 520 \frac{1}{2} \\
 8 \quad 100 \\
 124 \overline{) 52000} ( 620 \\
 124000 \\
 2800 \\
 2400 \\
 400
 \end{array}  \begin{array}{r}
 100 \\
 200 \\
 2 \\
 124
 \end{array}