Revolutionary War Pension and Bounty Land Warrant Application File S. 10,562, Anthony Devoe, New York

SERVICE
New York
Devoe, Anthony
NUMBER
S. 10562
carded
CONTENTS

New York 20, 11/2
Anthony Deroe
of Herkimer in the State of N. York who was a private in the commandea  Regt by Captain Bost of the  Regt  commandea by Col. Van Schrick in the N. York line for 6 M.
Inscribed on the Roll of N York at the rate of 20 Dollars Cents per annum to commence on the 4th day of March, 1831.
Certificate of Pension issued the 3 day of Aug (1831) and to  Sutton S. Wakely Herkimer
Arrears to the 4th of Mar '31 $ 4 00 Semi-ant. allowance ending 4 Sep '33 1 00 $ 5 00
Revolutionary Claim, Act June 7, 1832.
Recorded by P. L. Steele Clerk Book E. Vol. 3. Page 54

Application of Anthony Devoe Under the Act of Congress of June 7, 1832, for a pension -
6.
14440. 73
Adm Emopri 20 H

Supplementary Affidavit.
State of New York Warren County
ss. Personally appeared before me the undersigned a Justice of the peace in and for said County, Anthony Devoe of the Town of Warren in said County and State, 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 any precise length of his service, but according to the best of his recollection he served not less than the period mentioned below and in the following grade.
For six full months I served as a private soldier and for such service I claimed a pension.
Subscribed and sworn this 21 st day of May 1833.
Before me
Nicholas Smith Justice
Anthony his X Devoe mark

Harlimer County } ss I Julius C. Nelson Clerk Clerks Office } of said County do hereby certify that Nicholas Smith Esq before whom the preceding affidavit purports to have been taken, is a Justice of the peace in and for said County, and further that I am well acquainted with the hand-writing of the said Justice and believe the signature of "Nicholas Smith" subscribed to the deart of the said affidavit is in the proper hand-writing of said Justice
In testimony whereof I have hereunto set my hand and seal of Office this twenty first day of May in the year one thousand eight hundred and thirty three.
Julius C. Nelson Clerk

Declaration to obtain the benefit of the Act of Congress passed June 7. 1832.
State of New York } County of Herkimer } ss.
On this tenth day of October 1832, personally appeared in open Court, before the Court of Common Pleas in & for the County of Herkimer and State of New York now sitting Anthony Devoe, a resident of the Town of Warren in the Town of Warren , County of Herkimer and State of New York, aged sixty five years & upwards, who being first duly sworn according to law, doth on his oath make the following declaration, in order to obtain the benefit of the Act of Congress, passed June 7. 1832.
That he entered the service of the United States, under the following officers, and served as herein stated.
That he was enlisted by his father, and entered his service, in the Company of Captain Isaac Bogen, when Colonel this Regiment believing that Colonel Van Schaick, and that he cannot state the names of any other of the Company or Field Officers: That he entered the service about the first day of June , in the month of July 1779 and left it late in the month of January 1780 but on what day he cannot recollect.
That he was in no engagement - That during all the time he was in service he was stationed at a Fort in the City of Albany - That at the time of his enlistment he resided in the Town of Half-moon, now in the County of Saratoga State of New York - That while he was stationed at the Fort, some Regular Troops were sometimes in the place; but this Regiment did not know the names of any of them.

officer - That he has no documentary evidence of his services, and received no written discharge, and that he does not know of any person whose testimony he can procure who can testify to his services.
And this deponent further saith that while he was stationed at the Fort in Albany, where he served from the time of his enlistment until he was discharged, he used to hear that the British were making attempts to come up to Albany but that they were prevented by a large chain stretched across the Hudson River. That he served two years after the Battle of Bemis's Heights and the surrender of Burgoyne - and also two years after the battle of Bennington in which General Stark was victorious -
And this deponent further declares, that he was born in the Town of Newtown, in the present County of Saratoga, in the year 1763, as he is informed and believes -
That he has no record of his age, except on which he made himself 14 or 15 years ago, in his family Bible.
That when called into service he lived at Half-moon point, so called in the Town of Half-moon aforesaid.
That since the Revolutionary war, he has lived at Schaghticoke in Rensselaer County State of New York about ten years, when

he removed to the Town of Warren, Dutchess County where he has resided ever since, and now resides. That he was always a Volunteer. That he never received any written discharge. That this deponent is known to James Daniel Talcott, John Overacker, Rufus Cram, George Gule, Henry Cram, & Nicholas Tharmink, the Rev. W. Ballou, who can testify to the dep- onent's character for veracity, and to their belief of his services as a soldier of the Revolution.
That he was not in service with any of the regular troops, ex- cept a few who were sometimes in the Fort aforesaid; but he cannot state the names of any of the Regular Officers, nor can he state any Continental or State Regiment, except that in which he served as aforesaid while on duty in the said Fort. He hereby relinquishes every claim whatever to a pension or annuity at the present, and declares that his name is not on the pension roll of the agency of any State.
Sworn to and subscribed this day and year aforesaid. Anthony X Devoe Mark Sworn and subscribed in Open Court this 10th day of October 1832 - J. E. Skinner Dept Clerk
We Aaron Ward a charge Daniel Talcott a credible person, residing in the Town of Warren County of Dutchess aforesaid and John Overacker residing in the town of Germantown  Town of Germantown hereby certify that we are well acquainted with Anthony Devoe who has subscribed and sworn to the above declaration; that we believe him to be sixty nine years of age; that he is respected and believed, in the neighborhood where he resides to have been a soldier of the Revolution, and

that we concur in that opinion.
Sworn and subscribed the day and year aforesaid in Open Court Daniel Talcott Julius C. Nelson Clerk
John Brattle
And the said Court do hereby declare their opinion, after their 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 Daniel  Daniel Talcott who has signed the preceding Certificate is a Resident Resident in the Town of Warren aforesaid; and that Henry Criss John Brattle who has also signed the same is a Resident in the Town of Warren  Germantown in the County aforesaid aforesaid, and is a credible person, and that their statement is entitled to credit.
J. Julius C. Nelson Clerk of the Court of Common Pleas in & for the County of Berkshire, do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application.

of Anthony Denee for a pension.
In testimony whereof I have hereunto set my hand and the seal of my office, this tenth day of October 1832.
Julius C. Nelson Clerk

14 240
Anthony Deane Westmer Co N York
acord
16.
P. 393
May 14 1893
Rose Buckley Herkimer N.Y.

BRIEF in the case of  Anthony Devoe  of  Westerm  in the State of  (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? 69 years  4. State his service, as directed in the form annexed. 
   Period. Duration of Service. Rank. Names of General and Field Officers under whom he served.   Years, Months, Days. As a Gen.     July In 1779 7 — Private Genl Vogeut Col Vondschmidt  
 5. In what battles was he engaged? None  6. Where did he reside when he entered the service? Saratoga Co NYork  7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls? In a distant way  8. Are the papers defective as to form or authentication? and if so, in what respect? Papers not attach'd as reg'd 
X  Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
Nicholas Cloutis  Examining Clerk.

Rev. War
10562 INVALID. am
File No. 10,562 Anthony Devoe Devoe Priv. Rev. War.
Act: June 7 th 1832
Index:—Vol. A , Page 93
[Arrangement of 1870.]

Anthony Devoe

BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of Sethrey Lowry  Nutkin — which require further proof or explanation.
I. Does the declaration show where the applicant resides? M 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? M VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832? M VIII. Has the Court given their opinion? M IX. Has the Clerk given his certificate? M 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? M

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? no 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? yes 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? 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? yes XV. Does it appear from any of the papers that the witness was in such a situation, or of such an age, as to have a personal knowledge of the applicant's service? XVI. ‡ Are the papers authenticated as the regulations direct? yes XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered? 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.