Revolutionary War Pension and Bounty Land Warrant Application File W. 16,889, Joseph Caycaux, New York

SERVICE
10 New York
Cancaux Joseph Marie
NUMBER _____
US 16.889
CONTENTS

19.537
New York.
Joseph Caycaus.
of Clinton in the State of New York, who was a Private in the Company commanded by Captain Robinson of the regiment commanded by Colonel Livingston in the New York Line, for the term of three years, from 1777 to 1780.
Inscribed on the Roll of New York at the rate of 8 Dollars per month, to commence on the 28 of November 1825,
Certificate of Pension issued the 14 th of Dec r 1825, and sent to Julius C. Houbbell Esq. Chazy N.Y.
Arrears to 4th of March 1826, $25.83 Semi-ann. all'ce ending
$25.83
Revolutionary claim { Acts March 18, 1818, and May 1, 1820. 1 March 1825
see letters to T. Douglass & the 3 d Aud r . Oct. 15. 1839 - Do. to N.S. Benton & 3 d Aud r . Oct. 16. 1839 all relative to J.C. Houbbell and not affecting Mary Caycaus's claim - see letters to N.S. Benton & 3 d Aud r . August 5. 1840 -
Paid at the Treasury under the Acts of the 6 th April 1838 from 4 th March to 1 st May 1839 the day of his death. Notified 18 Dec r 1840

Pension Claim
Joseph Cayenne — * — Copy -
on Register (19. 760)
Joseph Cayenne, or Cureo
Clinton County N.Y.
John C. Hubbard, by Chazy, N.Y.

At a Court of Common Pleas held at the Court House in Plattsburgh in and for the County of Clinton and State of New York, on the first Tuesday of October 1825 — Present Nathan Caver. Caleb Nichols Simon Platt & D. S. Hays Esq.
Judges of the said Court
Clinton County ss: On this fourth day of October 1825, personally appeared, in open court being a court of record in and for the County of Clinton Joseph Caver, aged Ninety Seven years, resident in Chazy in said County who being first duly sworn according to law, doth on his oath declare that he served in the Revolutionary war as follows — That he joined the American army in the year 1776 in Quebec under General Montgomery, in a Regiment com- manded by Col. Deyar — retreated with the American Army to Albany, where he enlisted in the Continental Army in the year 1777 in a Company commanded by Captain Ralston, in a Regiment com- manded by Col. James Livingston of Dept. of the New York line of troops for taking the field — that he served in the said war- fare and regiment until the winter of the year 1780 when he obtained a furlough to go home to his family, residing in Schen- -tady, and while at home the said regiment were discharged — that he afterwards

returned to the Army and on finding the Regiment disbanded joined General Hays Regiment, but as he did not at that time want to be counted he was permitted to return again to his family - that he was in the battle of Saratoga at the taking of Genl. Burgoyne and at the Battle of Rhode Island and in several skirmishes -
And in pursuance of the act of the first of May 1820 I do hereby swear that I was a resident citizen of the United States on the 18 th day of March 1818; and that I have not since that time by gift, sale, or in any manner, disposed of any property, or any part thereof, with intent thereby to to diminish it as to bring myself within the provisions of an act of Congress entitled "An act to pro- vide for certain persons engaged in the land and naval service of the United States in the Revolutionary war" passed the 18 th day of March 1818, and that I have not, nor has any person, in trust for me, any property, or securities, contracts or debts, due to me, nor have I any income other than what is contained in the schedule hereto annexed, and by me subscribed -
Real estate none -
Personal estate excepting money bedding and clothing none -
I am by occupation a baker and am full able to work - I have in my family a wife only, named Mary Cagney aged about forty five years, who is also sick -
Sworn to, and subscribed, on the fourth

Day of October 1825 -
Before me - in open
Court - John Walworth
his Joseph + Cayceus Worth!
I John Walworth Clerk of the Court of Common Pleas of the County of Clinton do hereby certify, that it appears, to the satisfaction of the Court, that the said Joseph Cayceus did serve in the Revolutionary war as stated in the preceding declaration, against the common enemy, for the term of nine months, under one engagement, on the continental establishment. I also certify, that the foregoing oath, and the schedule thereto annexed, are truly copied from the records of the Court and I do further certify, that it is the opinion of the said Court, that the total amount in value of the property exhibited in the aforesaid schedule, is not over thirty-
In testimony whereof, I have hereunto set my hand, and affixed the seal of the said Court on the fourth - day of October 1825 -
John Walworth Clerk.

3473 Albany, N. York
Mary Caycaut
Widow of Joseph Caycaut, who was a Pensioner since 1818 who died on the 1 st May 1839 of Clinton Co in the State of New York who was a Private in the company commanded by Captain Robinson of the reg't commanded by Col. Livingston in the N. York line for 2 years
Inscribed on the Roll of Albany at the rate of 80 Dollars  Cents per annum, to commence on the 4 th day of March, 1836. 2. May 1839
Certificate of Pension issued the 26 th day of Apr. 1842 and sent to Geo. Stevenson Chazy, N.Y.
  Arrears to the 4 th of Sep. 1840  100.22    Semi-annual allowance ending 4 Mar. 41  40.00        $ 140.22  
{ Revolutionary Claim, Not July 4, 1836, Section the 3 }
Recorded by D. Brown Clerk Book C. Vol. 1. Page 109
Sent to J. W. Alcott Novr 18 th 1841 do. April 18 th 1842. do to H. Hunt bell Apr. 13 th 1842

V 4595 Mrs Mary Caycaux. Claims ->
Act July 4. 1836
M Married Feb. 1779 Husband died 1 May 1839
4595 Mary Caycaux NY
Act at July 36

In order to obtain the benefit of the Third Section of the act of Congress of the 4 th July 1836 - State of New York
Clinton County ss: On the eighteenth day of June in the year of our Lord one thousand eight hundred and thirty five, personally appeared before the undersigned a judge of the Court of Common Pleas of the County aforesaid Mary Caycaux a resident of Champlain in the County aforesaid aged twenty five years, who being first duly sworn, according to law, doth on her oath make the following affirmation in order to obtain the benefit of the provisions made by the act of Congress passed July 4 th 1836 - that she is the Widow of Joseph Caycaux who was a private in the Army of the Revolution, that he served in Captain Rebeck- -can Company, Colonel Livingston's Regiment, to the close of the War, - the further affirms, that she was married to the said Joseph Caycaux on the 10 th month of December 1779, by Alexander Smith - That her husband the aforesaid Joseph Caycaux, died on the first day of May in the year of our Lord one thousand eight hundred and thirty five, and that she has remained a Widow ever since that period as will more fully appear by reference to the papers hereto annexed - That her husband the aforesaid Joseph Caycaux was a per- -son of the United States, under the Act of 18 March 1818, 1 st May 1820 & 1 st March 1823 - that his pension bill is dated the 14 th day of December 1825 and signed by James Barham Secretary of War. No 19.587 and countersigned by

Mr. Allison Clerk, in Book C Vol. 5 page 76 - that she is unable to appear in Court by reason of bodily infirmity, that she has no documentary evidence to and subscribed on - proof of her marriage - the day & year above written -
Henry C. Dickenson a Judge of Clinton County Courts
I hereby certify that the above applicant cannot from bodily infirmity attend the Court of record, which holds its sittings at the Court house in Plattsburgh,
Henry C. Dickenson a Judge of Clinton County Courts
State of New York
Clinton County ss. Mary Ann Caycum aged thirty six years being duly sworn doth make oath and say that she is the Wife of Michael Caycum a Son of Joseph Caycum, that the said Joseph Caycum lived with them, at the time of his death, & that he died on the first day of May last past, she being present, that she needs a pension, and that Mary Caycum the above applicant is his Widow -
Sworn & subscribed the 18 th
day of June A D 1839. before
Henry C. Dickenson a Judge of Clinton Co. Courts Mary Ann Caycum
I certify that I am acquainted with the above Witness, a resident of Champlain, & that she is a credible person -
Henry C. Dickenson a Judge of Clinton County Courts

State of New York
Clinton County ss. Peter Robarts of Chazy in the County aforesaid, being duly sworn according to law, maketh oath and saith, that he was a soldier of the Revolution, & has a pension. That he was well acquainted with Joseph Coysey as a Refugee & a soldier, that they belonged to the Penn. Regiment. By Livingstone, was also well acquainted with his present Widow, the above applicant, distinctly remembers seeing them married in the Winter of 1777 at Schenectady Barracks, and has been acquainted with them since that time, and knows that the above applicant is the Widow of the said Joseph Coysey & the same individual person he has known at Schenectady aforesaid -
Subscribed as the 18 th day of Jan y A.D. 1838. Upon oath his Henry C. Dickinson a judge marks - of Clinton County courts
I certify that I am acquainted with Peter Robarts a Resident of Chazy, and that he is a credible witness -
Henry C. Dickinson a judge of Clinton County Courts
State of New York
Clinton County ss. Alexander Finnick of Chazy in the County aforesaid, being duly sworn according to law, maketh oath and saith that he was a soldier of the Revolution, & has a pension. That he was well acquainted with his present Widow, the above applicant, distinctly remembers seeing them married in the Winter of 1777 at Schenectady Barracks, and has been acquainted with them since that time, and knows that the above applicant is the Widow of the said Alexander Finnick & the same individual person he has known at Schenectady aforesaid -

acquainted with Mary Cagney the above applicant, and from her I learned in the winter of 1879 to the said Joseph Cagney, while the Cagney family lay at Schenectady, New York, which he was a soldier - that they were married by a parent Father who was a Lieutenant in the Army at the time - that he could distinctly, that he was present at their marriage, that he has known them ever since, & for a number of years said a neighbor, they have a large family, knows he was a prisoner and was in Schenectady prison while there, he knew his prison, and that the applicant is the Mother of the said Joseph Cagney & the said Father is the same person he was married at Schenectady prison - known & described on the 15th day of June 1887. -
Henry C. Dickinson a judge of Clinton County courts
Certify that I am acquainted with Mary and Joseph a husband & wife and that he is a reliable witness.
Henry C. Dickinson a judge of Clinton county courts

State of New York County of Clinton ss.
I Smith Mear Clerk of the County of Clinton do hereby certify that Henry C. Decker was before whom the annexed affidavit was taken and sworn was at the time of taking said aff- idavit a Judge of Clinton County Court. And that I am acquainted with the hand writing of said Judge and justly believe his signature to the said affidavit is genuine.
In testimony whereof I have hereunto set my hand and affixed the seal of said County This 20 th day of June 1839
Smith Mear Clerk

Rev WIDOW, &c.
File No. 16889
Mary Caycaux Wid. of Joseph Caycaux Priv. Rev. War
Act: July 4, 1836
Index:—Vol. A , Page 119
[Arrangement of 1870.]

Mary Caycaux
act 4 July '36
Albany Role
at $80 per ann.
Send cut: to Geo.
Stearns Esq
Chazy
N. York

TREASURY DEPARTMENT,
Second Comptroller's Office,
November 12 th 1840.
Sir :
Under the act of the 6th of April, 1838, entitled "An act directing the transfer of money remaining unclaimed by certain Pensioners, and authorizing the payment of the same at the Treasury of the United States," The widow of Joseph Bausan, a Pensioner on the Roll of the Albany, N.Y. Agency, at the rate of Eight Dollars and Cents per month  annum , under the law of the 18 th March 1818, has been paid at this Department, from the 4 th of March, to the 18 th May 1839, the day of his death.
Respectfully yours,
Edward B. Tazewell
Comptroller.
To the Commissioner of Pensions,
Present.

The Commisssar directs that the examination of the within paper be suspended until the Agent Mr. Hubble has made an explanation

Nov 16. 1870 Chas. M. - Fee Note 9 Susan Morse Mary Caystant
Hon. J. L. Edwards Commission of Pensions Washington.

Chazy N.Y. Nov 9 th 1840
Hon. J. S. Edwards
I am requested to ask you, if you will be pleased to inform me, what has been your determination in the case of Mrs. Susannah Moore Widow of Ephraim Moore, late a pensioner, & also in the case of Mrs. Mary Cayant Widow of Joseph Cayant - they are claims Mr. Hubbell has had in charge hitherto.
The Widows above named are very anxious to learn what will be done for them, or if any thing further is necessary -
Please direct to me at this place
I am very Respectfully your Obt Servt George Stevenson

State of New York
Clinton County ss: On the twenty second day of January in the year of our Lord one thousand eight hundred and forty, before me the con- -census, personally appeared Charlotte Con- -stantine, and made oath according to law, that she is now the wife of Nicholas Con- -stantine a Revolutionary Pensioner of the United States. That she emigrated from Canada in the summer of 1775 with or in company with Mary Hantain, now Mary Caygary of Cham- -plain the widow of Joseph Caygary, late a pensioner of the United States. That she was well acquainted with Mrs. Caygary before and after her marriage with said Joseph Caygary, and is well acquainted with her now, that she well remembers that she was married to said Joseph Caygary at Schenectady Barracks in the winter of 1779. That she was present and saw her married to him by Captain Alexander Tennant of Hough's Regiment & who married several of the Canadian Refugees. That she herself was married to said Nicholas Con- -stantine her present husband, then a boy before Mrs. Caygary, at the same place.

and by the same person, that she does not write her name, never having learned to write —
Given & subscribed her Charlotte Y Constantine before me the 22 d day of March — January AD 1840 — and I further certify that I am acquainted with the above signment and believe her to be a credible witness —
Julius C. Hubbell Commissioner of Deeds —
State of New York County of Clinton ss
I Smith Mead Clerk of the said County of Clinton do hereby certify that Julius C. Hubbell Esquire is a Commissioner of Deeds in and for said County Commissioned and sworn and duly qualified. And further that I am well acquainted with the handwriting of said Commissioner and truly believe his signature above is genuine.
In testimony whereof I have hereunto set my hand and affixed the seal of said County this 23 rd day of January 1840
Smith Mead Clerk

May 23. 1840 New York
free
May 23. 1840 New York
Hon. J. S. Calhoun Commonwealth of Pennsylvania Washington

Chazy, Clinton Co. N.Y. May 18 th 1840
Hon. J. S. Edwards
M rs . Mary Cayraux Widow of Joseph Cayraux, late of Champlain in this County, requests me to inquire the fate of her application for a pension. —
I forward to your department her last additional evidence of her marriage as required by your last communication. —
I am Respectfully
your obed Servt
J. C. H. Smith

Constantia July
Gen. J. L. Edwards Esq. Commr of Customs Washington
15 Nov 1841 Rev Crump

Cherry Mar 8 th 1841
Hon. J. L. Edwards
Sir
In the application of Mrs. Charlotte Constantine. Widow of Nicholas Constantine, you inform her through me, under date of the 29 th ult. - "that her claim is disallowed upon the ground that she was not married according to the laws of the State of New York, to her late husband &c." - you will allow me, to ask you, to look at the claim again & advise your decision, as I am sure, that she was married in conformity to our laws. - In relation to marriages, they treat the contract as a civil one, and it does not & appear - how, require the performance of any ceremony by a Clergyman or Magistrate, or any person, but a contract, between the parties, to make it valid, - you will please recollect that you have already allowed two cases, of precisely the same circumstances, - viz, Madame Cayard & a case, Judge Taylor of Harris Point, had in charge - in both of these cases, they were married, at the same time & place, and by Capt. or Lieut. Farnick. -
Allow me to point you, to two authorities, which I venture will be sufficient - 4 Johnson's Reports, page 52 - our Court says - "No formal solemnization of marriage is necessary - a witness must be procured, who was present at the marriage ceremony. But a marriage by a Clergyman, Magistrate or other person, need not be proved. It suffices, that the parties thereto contracted by words in the present tense: as 'I marry you' or 'you are my man & wife'."

or other words intending a present contract "of marriage, by which the meaning of the "parties can be plainly understood" —
of Woodlee P. Smith 47 - Can't say - "A marriage is complete, if there be "a full, free & mutual consent between "parties capable of contracting - though not "followed by cohabitation" —
In this case, they have cohabited for more than fifty years, — as I made out the papers for Madame Cayreant, knowing the same policy, I very naturally supposed the like words would convey —
Should you consider this objection later, particularly elevated, — you will place mention, if there is any other that will interpose, between him & a certificate. —
I am very Respectfully your Mo. Obed Servt J. C. Smith

Chazy Clinton Co. N.Y. June 21 st 1889-
Hon. J. S. Edwards
Sir At the request of Mrs. Mary Cagle I enclose you herewith her papers for a publisher, under the act of 1836 - she wishes you to communicate with her on the subject -
Respectfully yours Chas. G. Clark
J. C. Hubbard

19.768
Joseph Gayeans, Esq. Clinton Co. N.Y.
Julius C. H. Miller Chazy, N.Y.
Recd. Dec. 1855
Philip Barbour Sanitary of War Washington City
— Pisonian

Chazy, Clinton Co. N.Y. Nov. 28. 1825-
Sir I again enclose the papers in relation to the application of Joseph Cayenex for a pension - he has been denied an affidavit account- ing for not making application before, which appearance will be satisfactory - In his oath before the Court of Common Pleas has stated, that "since the 18 th March 1818 has not by gift, sale, or in any manner disposed of his property &c" - "and that he has not, nor has any person in trust for him any property &c. other &c" -
I have testified to the credibility of the witnesses, and all I believe is done that was required in a late communication from the pension department -
with great respect I have the Honor your ob d Serv t
J. C. Henshaw
Hon. Secretary of War -

Chas. M. Mays Jr -
for
Mar 31. 1842
My Friend President
Gen. J. P. Edwards
Commissary of Subsistence
Washington - D. C. -

Chazy. Clinton Co. N.Y. March 24. 1842
Sir
The power of attorney was made out in our form by Mrs. Mary Caygary. Widow of Joseph Caygary, at the late Semi Annual drawing of pensions, and sent to the loan office Albany, where she learned, that her stipend had been suspended in December last.
I am requested, respectfully, to ask the means of the suspension. — The objection as to the manner, in which the acts of maternity had been performed, having been rendered, by the Secretary of War — no other objection would readily be perceived, either in this case of Madame Caygary, or Madame Constantine.
I would beg leave respectfully to ask you to enclose the last affidavit of Alexander Firniak, in relation to Madame Constantine, enclosed, I believe, in my letter of 8 th Jany last. — and if the policy is not sufficient, to establish her claim, including all that has been forwarded, I beg that the patent may be stated, as it may not be proper to be furnished, and that will put an end to the effort.
I have the honor to be your Obt. Subt J. A. Smith
Dear J. S. Edwards Army of Russia —

Chas M. Jan 31
fr
Feb. 7. 1840
add. York
Henry L. Edwards
Commisr. of Customs
Washington
Can find out who Mr. Hall is Correspondence
Jan 31

Chazy Clinton Co. N.Y. Jan'y 30. 1840
Hon. J. S. Edwards
In Mrs. Caycamps the Widow of Joseph Caycamps late a Revolutionary Pensioner was procured a further witness as to the time of her marriage, which I am requested to submit to the Department, hope it will be satisfactory.
Permit me to call your attention to a Widows application forwarded some time since, from which nothing has been heard. I. M. Susanah Moore, Widow of Stephen Moore a Revolutionary Pensioner. If any answer has been returned, it has not reached me, none has come to hand.
Very respectfully your obedt Servt J. C. Hunt

STATE OF NEW-YORK, } ss. County of Clinton.
I, JOHN WALWORTH, Clerk of the County of Clinton, and Clerk of the Court of Common Pleas, of the County of Clinton, DO HEREBY CERTIFY, That Julius C. Hubbard whose name is subscribed to the Certificate of the annexed affidavits
and endorsed thereon, was on the day of the date of the said Certificate a Commissioner in & for the County of Clinton, dwelling in said County, commissioned, and sworn, and duly authorized by Law to take the proof and acknowledgment of Deeds, and discharges of Mortgages, &c. And further, that I am acquainted with the hand-writing of the said Julius C. Hubbard and verily believe that the signature of Julius C. Hubbard subscribed to the said Certificate is the proper hand-writing of the said Commissioner
IN TESTIMONY WHEREOF, I have hereunto set my hand, and affixed the Seal of the said Court, this Eighteenth day of October 1825
John Walworth

State of New York Clinton County ss:
Peter Probauck a Revolutionary Pensioner of the town of Chazy in the County of Clinton and being duly sworn deposes and saith that he knows that Joseph Caycaux was a Soldier in the Revolutionary War. that his acquaintance commenced with him at Deerfield when the said Joseph was with the American Army under General Montgomery in a Regiment commanded by Colo. Dugan in the year 1776. that the said Joseph Caycaux retreated with the Army to Albany when he enlisted in the Continental Army in the year 1777 in a company commanded by Captain Robiscan, in a Regiment commanded by Colo James Swinyston of Infantry of the New York line of troops for and during the war - this deponent further saith that he knew the said Joseph as a Soldier five or six years. being a Canadian by birth and belonging to the same Regiment with this deponent during the war. when he the said Joseph was a Soldier, he married to his present wife, in Schenectady State of New York. this deponent was at his wedding & further saith not - Given this 30th day of September 1925
his Peter X Probauck Mark
Before me Julius C. Hulse Commissioner -

State of New York
Clinton County ss: Alexander Farniss a Revolutionary pensioner residing in the town of Chazy in the County aforesaid being duly sworn deposes and saith that he knows that Joseph Cayce was a soldier in the Revolutionary Army, that he first became acquainted with him on the retreat of the American Army from New York in the year 1776, that after the retreat the Canadian Refugees assembled in Albany, where the said Joseph enlisted in the Continental Army in a Company commanded by Capt. Robinson in a Regiment commanded by Col. James Livingston of the New York line of troops for and during the war - that the said Joseph continued with the Army as a soldier until the Regiment was disbanded at Kings Ferry - that at the time the Regiment was disbanded he was, at Schenectady with his family on furlough - this deponent further saith, that while the said Joseph was a soldier, he was married to his present wife, in Schenectady New York, by the Father of this deponent, this deponent being present on that occasion & for the said not -
Sworn & subscribed this first day of October 1825-
Abel Sevell
Before me
Julius C. Hudson Commissioner -

Clinton County
Town of Chazy p: I do hereby certify that Alexander Furniss & Peter Rubenoff the persons who have sworn to the foregoing affidavits, are respectable Canadians residing in this town & well known to me, & that they are credible witnesses - Dated Chazy Jan. 28 th 1824 -
Julius C. Hubbard Commissioner
State of New York Clinton County p:
Joseph Caycaux being duly sworn deposes and saith that in the month of March 1818 he resided in the town of Massena in the County of St Lawrence & State of New York whom he had known some time before. That a few months after, a son of his bought a lot of land in the Province of Canada, and this defendant with his wife went to reside with him. That he resided there a number of years, and until the son was obliged to return the said lot in consequence of its proving to be- -long to the Government - this defendant then went and resided with his son in law, at a place called Northern Creek in Canada - that this son in law being unable to keep him, this defendant went to reside with a son living in this town, about the first of May last that this has been the first opportunity he has had to make application for his pension - that he has not been possessed of any property since the 18 th of March 1818 since for years before of any value - Given this 28 th day of March 1824 - Before me - Joseph X Caycaux Mark
Julius C. Hubbard Commissioner