Revolutionary War Pension and Bounty Land Warrant Application File S. 28,709, William De Shay, New Jersey

SERVICE
NUMBER
New Jersey
De Shay, William
S 28,709
CONTENTS

Col Hon Feby 1834 S. T. W. 2 nd Th th 1842 Hon. M. S.
Mr Fillmore 5 th West April 2. Fillmore May 13. 1842
24.592 Buffalo. William Deshay Erie Co in the State of New York who was a Private in the Company commanded by Captain Westbrook of the Regt. commanded by Col R in the N. J. militia line for 29 m.
Enrolled on the Roll of Buffalo at the rate of 80 Dollars 00 Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 16 day of Jan 1834 and sent to William Hall Buffalo
Arrears to the 4th of Sept 1831. $200.00 Semi-ann. allowance ending March 34. 40.00 $240.00
{ Revolutionary Claim, } { Not June 7, 1832. }
Recorded by W. L. Williams Clerk, Book 6 Vol. 4 Page 9

William De Shay Pursim paper.
20365
William De Shay Pursim

State of New York County of Erie
§: On this 28 th day of August in the year 1833. personally appeared before me a justice of the peace in and for the County of Erie William Dickey of Buffalo in the County of Erie aforesaid, and being by me duly sworn deposes and says: that he was born in the Town of Hightstown in the State of New Jersey in the year 1763: he has a record of his age at home in his bible, which he has found since his former declaration hereunto annexed was made, that the statement in the annexed declaration that "the family was lost a number of years since," is incorrect, and should read, that "the family remained was lost a number of years since." And he further says that he was living in Hightstown in Hunter County in New Jersey, and continued to make it his home then during the War, and until some years after the War was ended when he moved into the Town of Buffalo in Erie County where he now resides.
And this deponent further says that in the year 1776 and he thinks in 1776, and he thinks about the end of April or 1777, he volunteered into the Service of the State of New Jersey at Hightstown aforesaid, that he joined his Company as Hightstown, and he thinks the Company joined the regiment at the same place, that he volunteered into Captain Westbrooks Company in Colonel Rossers regiment, that he cannot recollect the name of the General: that in Westbrooks a brother of the Captain was Major, that James Westfall was Lieutenant of the Company, that he thinks the man by the name of Westbrooks was Orderly Sergeant, that one Cornelius Westfall a brother of James the Lieutenant, was the Ensign, that he cannot recollect the names of any more of the officers of the Company or regiment: that when he joined his Company and regiment as aforesaid which was about the first of April as near as he cannot recollect, they took possession of the place and built a fort that he was employed in stand- ing guard, and working on the fort and was out on

scouting parties against the Indians a number of times, that he cannot recollect the names of any other regiments that came then during this season, that other regiments came then often and staid a few days but he cannot recollect their names, that he was not in any battle during this season, that he continued doing duty as above stated until about the middle of October following when he was discharged by his colonel: that he was actually out in the service at the time and doing duty not less than the time of five months: that his Captain was killed some time in the month of April as near as he can recollect in a skirmish with some Indians about three miles from the fort, that after his Captain was killed as above stated, one John Westbrook took his place and was elected Captain that during the time he was out, he was  and doing duty all the time and was not engaged in any civil pursuit: that he was in the skirmish at the time his Captain was killed:
And this deponent further says that the next season he volunteered again into the Militia of New Jersey at the same place and about the same time, that he joined his Company then and regiment, that he served this term of the same offered as the other as near as he can recollect, that he was engaged in the same business very nearly as standing guard & was out on scouting parties &c and was discharged about the middle of October as near as he can recollect, by his Captain, that he was out doing during this term and actually engaged in doing duty and was not employed in any civil business the full term of five months: he was not in any battle that there were other companies came then during the season but he cannot recollect who commanded them.

And this deponent further says that the next season after, he volunteered again into the Militia as afor-said at the same place, and under the same officers, and about the first of April, that he joined his company then and served the time out then and about then that he was employed in standing guard and was out on scouting parties during the time; that he was discharged about the middle of October as near as he can now recollect, that he was out and actually doing duty this season and not engaged in any civil occupation not less than five months; was not in any battles; had some skirmishes with the Indians.
And this deponent further says that he again volunteered the next season at the same place and under the same officers, about the first of April and joined the company then, continued to do duty and was out and not engaged in any civil pursuit until about the middle of October following when he was again discharged by his Captain, that he served at the time the full period of five months as afor-said. That he was employed this season in standing guard &c and guarding the boundaries; that he served all of the above times in the capacity of a private soldier; that he never received a written discharge from the service, nothing more than a verbal dismissal; that this deponent and Egbert Lane whose affidavit is herewith annexed served the first two terms above enumerated by this deponent in the same company, that then the said Egbert moved from them into the State of New York; that he does not know of any other person except Mr Lane, now living by whom he can form any part of his service; that he has made diligent and very extensive inquiries and searches and has not been able to find any one:

and this deponent further says that the reason why his services were all performed in the summer and about the same time in the year was that in the summer the settlements in that part were harassed by the Indians and it was necessary to have the Mi- litia or a part of them under arms and ready at a moment's call, and in the winter the Indians are kept at home by the cold; and this deponent says that he stood as a minute man the greatest part of the time during the winter but never happened to be called until something in the summer as is above stated.
Sworn before me this day 23 rd day of August 1833 — G. Clary J. P.
his William + De Shay marks.
I certify that I am well acquainted with William De Shay who has subscribed and sworn to the foregoing affidavit and he is a credible person and a man of truth and veracity and his statements are entitled to full credit — G. Clary J. P. Notary Public
State of New York On County Clerk's Office G. I. Meek P. Sprague Clerk of the Court of the said County certify that Joseph Clary before whom the foregoing affidavit or deposition was sworn was on the day of the said hearing and still is a justice of the peace in and for said County of Erie duly elected and sworn and authorized to act as such and that I am acquainted with the handwriting and signature of the said Justice and that the signature of the said Justice to the foregoing

done nearly the same work until within of that year - That during all that time they were both private soldiers and were either in the field or in some little Garrison and were employed in no civil employment. That their pay was generally fifty and fifty only with one two or more companies together, but sometimes when they were in camp with other companies they were under the command of Col. Root and the same Westbrook was also the major of the Regiment. After the above named was informed that the Department received reports the state of New York so that he cannot tell how much more the said William D. Dwyer earned.
Given under my hand before me this 22 day of July 1833 Henry Slade J.P.
Exhibit his hand
I certify that it satisfactorily appears to me that the above named Exhibit is a credible person and that his testimony is entitled to credit.
Henry Slade J.P.
State of New York I Noah T. Sprague clerk of the County of Erie do hereby certify that Henry Slade before whom the above affidavit was taken was on the day of the date thereof and still is a Justice of the peace in and for said County duly elected and sworn and authorized to act as such, and I further certify that I am well acquainted with the hand writing and signature of said Justice and that the signature of said Justice to the present of the said affidavit and also to the above entitled is the genuine signature of said Justice.
In testimony whereof I have hereunto set my hand and affixed my seal this 23rd day of August 1833.
Noah T. Sprague Clerk of Erie Co.

passed June 7, 1832.]
to obtain a pension under the Act of Congress,
State of New York, } Erie County, ss. }
On this 13 th day of December 1832 personally appeared in open Court, before the Court of Common Pleas, now sitting at Buffalo, in said County, William
De Shay a resident of Buffalo in the County of Erie and State of New York, aforesaid, aged 69 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, 1832, That he entered the service of the United States under the following named officers, and served as herein stated
Was born in the Town of Norton, in the State of Vermont in the Year 1763. Was no Record of his age. His Family was lost, a number of Years Since
Was living in Sandusky when called into Service. Has lived since the Revolutionary War a few Years in Canada, but has lived in Buffalo the last 36 Years. Where he now lives.
Entered the Service as a Volunteer at Sandusky aforesaid, under Captain Westbrook, in Colonel Rosecrants Regiment. Went out on Scouting parties against the Indians. & was out guarding the Country until the Fort at Sandusky town was built. & then continued guarding the Country & Sandusky. For the term of 4 Years
Captain Westbrook & the Lieutenant of his Company were killed in a Battle with the Indians above, the first place of his Service
Has never received a Discharge from the Service other than a Verbal one
And further States that he is unable to obtain a Discharge to testify for him as there is none residing in his neighborhood.
And this Deponent says that Captain Chapin and James Mc Knight, are persons to whom he is known in his neighborhood and whom he offers as Witnesses as to his truth and veracity and their belief as to his Services in the Revolution
He hereby relinquishes every claim, whatever, to a Pension, or annuity, except the present, and declares that his name is not on the Pension Roll of the Agency of any State,
Sworn and subscribed this third day of December 1832 }
James Mc Knight Judge of Erie County Court
his William De st Shay mark

We, James M c Knight and Cyrenius Chapin residing in the town of Buffalo and County of Erie and William De Shay residing in the same place, hereby certify, that we are well acquainted with William De Shay who has subscribed and sworn to the foregoing declaration; that we believe him to be 69 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, this third day of November 1832
James M c Knight Judge of Gen. Sessions of Court.
Cyrenius Chapin James M c Knight
And I the said Judge do hereby certify & declare my opinion after the investigation of the matter and after putting the interrogatories presented by the War Department that the above named applicant William De Shay was a Revolutionary soldier of the Revolution and served as he states. And I the said Judge do further certify that it appears to me that Cyrenius Chapin & James M c Knight who have signed the foregoing certificates are residents of the Town of Buffalo in said County and are credible persons and that their reach of their statements are entitled to credit. And I do further certify that the foregoing contains the original proceedings before me in the matter of the application of the said William De Shay for a Pension. And I the said Judge do further certify that it appears satisfactory to me that the said William De Shay came not without too much inconvenience to his character by reason of a clergyman being required to testify as to his character as being a make the certificate required by the War Department.
And I the said Judge do hereby certify that in consequence of the prevalence of the cholera in the City of Buffalo in August last when a Term of the Court of Common Pleas of said County should have been held, the said Court was not held and that in a representation of the peculiar circumstances which rendered it proper that the War Department be permitted to permit me the said Judge to receive pension applications and take testimony thereon until the next Term of the said Court in December next and no longer which said permission on a motion at the War Department was communicated to me that said Judge by a letter under the date of September 21 st A.D. 1832.
And I the said Judge do hereby further certify that the foregoing proceedings have been had taken and allowed by me under and by virtue of the aforesaid permission & authority of the War Department.
Given under my Hand & Seal at Buffalo this 3 rd day of November 1832.
James M c Knight Judge of Gen. Sessions of Court.

Erie County Clerk's office P. 3
I, Noah P. Sprague Clerk of the County of Erie do hereby certify that the Hon. James Stryker upon whom the foregoing proceedings in the matter of the application of William De Shay for a pension were had, was on the day of the date thereof and still is a Judge of the
County Court of the County of Erie duly appointed and sworn and that the signatures of the said Judge to the of the  first deposition or declaration of the said William De Shay and to the jurat of the jurat certificate or affidavit of Cyrenus Chapin and James Mc Knight, and to the certificate of the said Judge following the same are all the genuine signatures of the said Judge.
In testimony whereof I have hereunto set my hand and seal of office this 3 rd day of November 1832 Noah P. Sprague Clerk of Erie County
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 appeared to them, that who has signed the preceding certificate is a  resident in the  town of  and county of  and that  has signed the same, is a resident of the town of  and county of  and is a credible person, and that his statement is entitled to credit.
I, Noah P. Sprague, Clerk of the said Court of Common Pleas, 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

20,365 William De Shay Erie county New York
Certificate of Mr. De Shay not signed Oct. 29, '33 C. C. M.
Wants to be heard at Buffalo N.Y. Admitted Parole 24 months
Tillmore & Hall Buffalo N.Y.

WAR DEPARTMENT,
Pension Office,
May 24 — 1838 Nov. 4 To
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 William De Shay, Erie co. N.Y.
   Period when the service was rendered Duration of the claimant's service. Rank of the claimant. Names and Rank of the Company officers under whom he served. Names and Rank of the General and Field officers. Battles in which the applicant was engaged. Country through which he marched. Place of abode when he entered the service, and age at the present period. Evidence by which the declaration is supported.   Years. Months. Days.     Volunteer! 4 private Capt Westbrook Col. Rosecrans 69 Saratoga tradition  
I am, respectfully,
Your obedient servant,
J. L. EDWARDS, Commissioner of Pensions.

REGULATIONS UNDER THE ACT OF JUNE 7, 1832.
The following regulations have been adopted:
This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army, and to include under the terms "Continental Line," "State troops," "militia," and "volunteers," all persons enlisted, drafted, or who volunteered and who were bound to military service but not those who were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, &c. Teamsters, Boatmen, &c. Persons who served on board of Private Armed Vessels are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service.
Four general classes of cases are embraced in this law:
 1. The Regular Troops.  2. The State Troops, Militia, and Volunteers.  3. Persons employed in the Naval service.  4. Indian Spies. 
As rolls of the regular troops in the Revolutionary War exist in this Department, all persons, claiming the benefit of this law as officers, non-commissioned officers, musicians or privates, will in the first instance, make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides. And every Court having by law a seal and Clerk is considered a Court of Record.
DECLARATION,
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
State, Territory, or District of } ss. County of }
On this _____ day of _____ personally appeared (a) before A. B. a resident (b) of _____ in the county of _____ and State, Territory or District of _____ aged (c) _____ years, who being first duly sworn, according to law, doth on his oath make the following declaration, in order to obtain the benefit of the provision made by the act of Congress, passed June 7th, 1832. That he enlisted in the Army of the United States in the year (d) _____, with _____ and served in the _____ (e) regiment of the _____ line, under the following named officers:
[Here set forth the names and rank of the Field and Company Officers; the time he left the service; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers;) the town or county and State in which he resided when he entered the service; the battles, if any, in which he was engaged, and the country through which he marched. [This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.]
He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of _____
Sworn to and subscribed the day and year aforesaid.
A. B.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states.
I _____ of the Court of _____ do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of _____ for a pension.
In testimony whereof I have hereunto set my hand and seal of office (i) this _____ day of _____ &c.
If, on examination of the proper record the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out.
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz:
(k) We, A. B., a Clergyman, residing in the _____ and C. D. residing in (the same) _____ hereby certify, that we are well acquainted with _____, who has subscribed and sworn to the above declaration; that we believe him to be _____ years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.
Sworn and subscribed the day and year aforesaid.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that A. B.
who has signed the preceding certificate is a clergyman, resident in the _____ and that C. D., who has also signed the same is a resident in the _____ and is a credible person, and that their statement is entitled to credit.
I, _____ Clerk of the Court of _____ do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of _____ for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this _____ day of _____ &c.
Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction.
If such surviving witness cannot be found, the applicant will so state in his declaration (l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his alleged service, as they are known at the Department. A very full account of the services of each person

will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County, in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.
The Court will propound the following ( m ) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.
 1. Where and in what year were you born?  2. Have you any record of your age, and if so, where is it? Family list a number of years  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 [b].
[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 , in the militia, &c. without specifying the tours, the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must, in every case, be clearly shown under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
[f] The law makes the relinquishment indispensable.
[g] The opinion of the Court is always required.
[h] The Clerk must give his certificate in every case.
[i] The Clerk must affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he has no public seal of office, the certificate of a Member of Congress, proving the official character and signature of the certifying officer, should accompany the papers.
Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other papers authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
Proof of Service.
[j] In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses who are required to set forth in their affidavits the time of the claimant's entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
[k] The notes from [a] to [i] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in note [j] applies to continental troops only.
[l] This traditional evidence is indispensable in militia cases.
[m] If a witness cannot be found, the declarant must state the fact.
[n] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.

In reply to your request of _____, received for a statement of the military history of William De Shay a soldier of the REVOLUTIONARY WAR, you will find below the desired information as contained in his (or his widow's) application for pen- sion on file in this Bureau.
See File 28709
   DATES OF ENLISTMENT OR APPOINTMENT. LENGTH OF SERVICE. RANK. OFFICERS UNDER WHOM SERVICE WAS RENDERED. STATE.   CAPTAIN. COLONEL.     Soldier stated that he served from Apr. to Oct for four seasons (1777-1781) as Pris. in Capt Peter Westbrook + John Westbrook Col. Rosekrantz's regt. of N.J. troops, + that he was in the skirmishes with Indians, in the first of which Capt Peter Westbrook was killed.  
Battles engaged in, see above.
Residence of soldier at enlistment, Sandyston, Sussex Co., N.J.
Date of application for pension, Nov. 3, 1832 Allowed.
Residence at date of application, Buffalo, Erie Co., N.Y.
Age at date of application, Born in Jan y 1763 in Knowlton, N.J.
Remarks:
Soldier Jan y 1846 leaving widow - name not stated.

RECORD DIVISION.
Department of the Interior, BUREAU OF PENSIONS.
Briefed by L. D. L.
Claim No. _____
Certificate No. _____
Claimant _____
Soldier Wm Desha
Service N.Y.
Additional Service Rev. War
No. _____ claim, State records _____, 190_____
No claim, combination records _____, 190_____
REMARKS:
No claim, except I# 28709

20 St. John's Place
Buffalo N.Y.
To the Commissioner of Pensions Washington D.C.
Will you kindly send me the record of William Deshaw of Erie Co N.Y. in Pension list-1831
Do not mention the D.A.R. and when report is received kindly send to Mrs Chas P. Hylle
20 St. John's Place
Buffalo N.Y.

28 709 Reo INVALID.
1909 June 7. Hist. to Mrs Chas. P. Lytle
File No. 28 709
William Deshay
Reo 1909
Act: June 7 th 89
Index:—Vol. 9 , Page 106
[Arrangement of 1870.]

Wm DeKay P o act o 1832 - N.Y. Suspended about 1840.
William DeKay Ledyard St. Court L. York 16 th July 1 - c.p. Jan 22 '51 court - assigned Q.R. to him  47387.22 9792
Wm DeKay P o 80 - susp o about 1840  11 10 922 39798 222
39780  39785 21340 118  85 28  141
85 39780  22558 360448  20192 151  50
2-7
(PAID)
(Post Office)
City Mr Wade Feb 51

Schylkill NY July 5 th 1896 To H. S. Mace Esq. Dear Sir
I have another case of a Revolutionary Soldier by the name of William Deskey who served under Capt. Matthews in Col. Wetzel's regiment of Pennsylvania Reserves served 4 years as a minute man. Said Deskey drew a pension of eighty dollars per annum til between 4 and 5 years since when it was stopped for what cause I am unable to say. The old man died last January and has left a widow who is entitled to a pension if she can make the necessary proof but she tells me that she does not know of any person living that knew of her marriage at the time and there is no record of it to her knowledge.
I allude this letter rather as an inquiry with a request that you will inform me what if any testimony will enable her to obtain her pension aside from what I stated above as beyond our reach. Also please consider yourself as employed in obtaining the old man's back pension and the widow's if it can be done. In haste. Yours respectfully Lewis P. Sharp

Hrs of Rep s
Washington 19 th Feby. '84
To
James L. Edwards Esq.
Comm. etc.
Sir
I beg leave to enclose you the Pension Certif t . of William Lee Shay to title in application which accompanied the same Its upon your the writer Mr. Bart is one of the most respectable & reliable Citizens of Buffalo. Your early attention to the same will oblige
Your obed t Serv t .
Wm A. Moseley

Buffalo February 12 1844
Dear Sir
You know the Old saying is if you have friends they should be willing to be used a little to prove their sincerity and as such friend I ask the request of you to attend to a little business for an Old Revolutionary Soldier has been Pensioner until some years since I enclose to you his Original Certificate and a letter to Thomas P Wheeler Esq in which Mr Edwards says that some statements in respect to his age are the reasons of suspending him But I apprehend there is no intentional error in relation to his case I have known him almost since the time I first came to Buffalo which is about 20 years he then lived at Black Rock and did when I first collected his pension for him To be sure he is a very ignorant man and may have made errors by forgetfulness as he is an Old Man, I have no earthly interest about this business and would not interfere for him if I did not believe him honest and really deserving he is also very poor and his Son in Law came to me and requested me to write to Mr Edwards for him and informs me that he is 81 or 82 years of age the reason of his coming to me is I suppose in consequence of my previous procuring his pension money for him when he resided at Black Rock some years since he removed to Cattaraugus County and I knew nothing of him until last week or that is of his being suspended my knowledge of his poverty and belief of his having been a Soldier of the Revolution and honestly entitled to his pension is my reason for writing if Mr Edwards desires to know who were his Officers that he served under he says John Rosecrantz Col Samuel Westbrock Maj Peter Westbrock Capt James Westfall Lieut Cornelius Westfall Ensign says he served as Minute Man in the State of New Jersey I believe Mr Edwards will on receiving his case reinstate him from Sept 14th 1843 I have enclosed his pension Certificate which you can hand or send to Mr Edwards and if his application is successful or if otherwise let me know the particulars and I will endeavour to have all explained
Yours &c Most Respectfully
David Root
Hon W A Elmsely In Congress Washington City

3 Buffalo Nov 19. 1833
Dear Sir, Conv of Pension
In We find Enc- losed herewith the Pension papers of Mr Mc- Clay with certificate of Mr Clary signed as inquire which we suppose, knows them per- fect
He will wish to be placed on the roll of the Buffalo agency
Very Resp ly Your obed Servt William Hall

W m De Sharf 80 P. Y r Payments to be made at Buffalo by Mrs. (U.S. Br. Bank Agent for paying Pension- ers, in the Agency of Buffalo
Recorded in the Pension Of the Pension Of- fice, in Book C Vol. 4 Page 9 by W. L. Williams Clerk.

WAR DEPARTMENT.
REVOLUTIONARY CLAIM.
I certify that, in conformity with the law of the United States of the 7th June, 1832, William O. Shay of the State of New York who was a private in the revolutionary war
is entitled to receive — Eighty — dollars and — — cents per annum, during his natural life, commencing on the 4th of March, 1831, and payable semi-annually on the 4th of March, and 4th of September in every year.
Given at the War Office of the United States, this fifteenth day of January one thousand eight hundred and thirty= four,
L. C. C. [Signature] Secretary of War.
Examined and Countersigned. }
J. Edwards [Signature] Commissioner of Pensions.

Hon S. N. Clarke or Hon M. Fillmore
Members of Congress Washington City

Silver Creek Post Office July 28. 1842 Dear Mr. Clark,
Sir I enclose you herewith papers to obtain a restoration of the pension of William DeShay, requesting that you lay them before the proper hands of the government at your earliest convenience. Mr DeShay has drawn a pension for several years until last March when he was suspended for some defect in the statement and evidence on which it was originally granted. His being a resident of your county suggests that I should enclose the papers to you, and his extreme indigence together with the simplicity and honest worth of the poor old man who seems to have friends through the vicissitudes and perils of four score years the virtues of temperance and laborious industry will no doubt interest you as they have me warmly in his behalf, and relieve me from the necessity of further apology as well as secure the benefit of your influence in obtaining as early attention his case as the circumstances of business will admit
Very respectfully
Yours
Ebenezer D. Merrill
N.B. To guard against possible contingency so near the close of the Session I have without the authority of any acquaintance chided in the letter nature to the Hon. Mr. Pillsbury
E Merrill

Schenck's Mill Septm 19. 42
Elisha Ward.
Applies for restoration of William Seshay to the pen- sion roll.
W 298. Rec Septm 20. 1842
Pension Office.
Mr Goad M y .

Schenck Co. N.Y. Sept 19, 1842 Hon John B. Spencer,
Sir, In the case of William DeShay of the State of New York, a revolutionary pensioner who was suspended in March last, application was made by me, through the Hon. S. H. Clark for a restoration of his pension founded on a supplemental statement or declaration of his services. The commission of pensioners in answer to the Clerk on the 5th of August addressed a note to the Clerk, saying that the case had been examined and afforded confirmation of the views contained in his letter of the 5th Feb, 1834, a copy of which was enclosed and which appears to be of a letter of that date to Mr Fillmore stating that the claim of William DeShay had been admitted,
From that communication it was inferred that his pension had been restored, until it was found that he continues suspended at the agency, I am therefore under necessity of again bringing the case before the department, to enquire whether he has been restored and if so to apply for such proceedings in his case as shall authorize the payment of his pension at the agency,
Very respectfully yours &c Elisha Ward

Mar 29 43
for Thos. J. Whelan Esq. Conewango N.Y. 17 th Mar.
Miss Elizabeth
Hon. J. L. Edwards Com. of Pensions. (Washington City)

Conevango Cattaraugus Co N.Y. March 17 th 1843
Sir
Permit me to trouble you with an enquiry in the case of William De Shay. By your letter to the Hon D. M. Clarke of Aug 3 rd 1842 I observe that one reason of his suspension is that he is too young to have performed the duties of a soldier at the of the commencement of his alleged term of service - The old man says there must have been an error in drawing up his declaration which escaped his observation at the time - As he says that he is now 81 years of age which would make the time of his birth 1762 Consequently he was 14 years old in 1776 he also states that it was not until some time after the commencement of the war that his first term of service commenced. That he was then 16 yrs of age - He also says that one Ezekiel Lane was in the service with him. Now if the testimony of Lane can be procured to prove his actual service as a soldier together with his own affidavits correcting his age will it be satisfactory to the Department? It will not be worth while for the old man's friends to incur the expense of finding Lane, if he is still living unless his evidence will be sufficient to reinstate De Shay on the Pension List.
You will confer a favor on a poor old man by answering this at your earliest convenience
Respectfully
Your obedt
Servt
Thos Spaulding
Hon J. L. Edwards

Leon Mills P Office Cattaraugus County
Pension Office, April 29 th 1845.
Sir,
In answer to yours of 17 th inst. in the case of William De- -shay, I would remark that the statements in your letter respect- -ing his age conflict with his statement upon oath. He swore that he was born in 1763 and entered the service in 1776.
With respect to the evidence of Lane no opinion can be formed until it is submitted. The Claimant should make a brief statement of the period, length and grade of each term of his service, names of Officers, Stations &c. and obtain the certificate of the Secretary of New Jersey showing how far his records either confirm or discredit each.
I am very respectfully, Your ob t Servant.
82... May 2 1844
1763 44 7
J L Edwards 37 44 81
Thomas J. Wheeler, Esq. Conewango Cattaraugus County New York

State of New York Cattaraugus County ss. On this fourth day of July in the year one thousand eight hundred and forty two personally appeared before the subscriber a judge of the Court of common pleas said County of Cattaraugus in the State of New York William DeShay a resident of the town of New Albion in the county of Cattaraugus and State of New York, of said age eighty 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 7th 1832
That he entered the service of the United States under the following named officers and served as herein stated, that the Major's name under whom he entered the service was Westbrook, his first or christian name he does not now recall. That the Captain of the Company to which he belonged at the time of entering the service was Peter Westbrook and a further that the Major that he entered in the company of Captain Peter Westbrook. That some afterwards and according to his best recollection during the second summer after he entered the service Captain Peter Westbrook was killed in Skaneateles with the Indians. After that event John Westbrook became Captain of the Company and continued so during the remainder of the time that he was engaged

in the Service and he would continue in and in the same company, until he finally left the service.
That he entered the Service in the State of New Jersey as a volunteer That he can't tell the number of years when he entered the Service nor the year when he left it; but that he entered the Service in the Spring of the year when he was between sixteen and seventeen years old. and according to his present impression after the taking of Bangor that he was stationed principally on Jersey side of the Delaware river at a place called the Menunkat where was a small fort which existed during the first year or summer of his services he recollects being employed in erecting it The fort was about a quarter of a mile from the Delaware river and that during the whole time that he was in the Service after the fort was completed his principal service and duty was about the fort either in keep- ing guard or in guarding the forces of the river with occasional excursions That the first year he entered the Service in the Spring and continued to serve until near the setting in of winter when no further danger was appre- hended from the enemy in consequence of the winter season, when he went home to his father's who in the location resided about three miles from the

fort. Though his father's family some times in the summer when the most danger was apprehended from the Indian level in the fort. That the next spring soon after the snow was off he returned to the fort and served as before through the summer and fall, and then left as before and remained unemployed until the opening of spring when he again returned to the service and continued in service during the snow until near the approach of winter, when he again left and continued out of the service until the spring when he returned again for the fourth season and served as before until near winter when he again left the service and does not now remember whether he ever returned or not. That he served four seasons each year from the opening of spring until late in the fall that he can't say the precise time that he served in each year further than above. That he thinks he did not serve up to six months each year that he never received any military charge but left with the consent of the officers that during the whole four years he was engaged in no other business that the public service and was only absent in consequence of no danger being apprehended in the winter season.
That his father's farm was on the Pennsylvania side of the river which he was compelled to leave and take up a residence on the other side of the river.

to which he did not return until after hostilities had ceased.
That he was twice engaged in battle with the Indians during the time that he was in the service. That the first time he belonged to a party of about thirty under the command of Captain Peter Mettack who had an engagement with the Indians on the Pennsylvania side of the river and about three miles from the river. The Indians killed three of the party to which he belonged and forced the others to retreat. Among the killed was Captain Peter Mettack. This skirmish took place early in the spring in the fort. and according to his best recollection during the second season that he was in the service.
That some time afterwards but in what year he does not recollect he belonged to a party of near four hundred who were in pursuit of Indians near the Delaware river and as he thinks within the limits of the state of New York. When after having followed the Indians nearly all day with the intention of surprising them at night, and the troops being much fatigued they were towards night suddenly attacked by a large number of Indians and being surrounded the whole party with the exception of some eight or ten were killed and the few who escaped saved themselves by running. The Indians were supposed to be commanded by Brant. Their numbers were unknown. This happened in the summer time some miles from the White settlement.

That none of the officers who commanded the party escaped. That he does not now know who commanded the party or the part of the Americans. If he ever knew none of the officers which belonged to his company in which he usually served were there, as the party was hastily formed for the occasion. That he does not know the name of the Colonel under whom he served but thinks his name was Roverscrants. That he, the applicant, was born at Knowlton in the State of New Jersey That he never enlisted but served as a volunteer. That he has no record of his age and does not of any. That he was eighty years old in January last according to his best information and belief. That he did not receive a written discharge That he served as a private during the whole time he was in service That he has never been on any pension Roll except on the roll from which he has been suspended and asks to be restored - That there is no living witness by whom he can prove his services. That at the time his pension was first granted which was granted on the 10th day of January 1834. One Ezekiel Lane was a witness as he believes. That the witness Lane is now dead having died about two years ago. - and he further states that he is unable to write his name never having learned to write. and he hereby relinquishes every claim to a pension or annuity except the present and the arrears there

and declares that his name is not on the pension roll of any State or of the State of New York, as above stated
Sworn to and subscribed William his DeShay the day and year aforesaid Mark before me Witness Levi Steel Thos. Wheeler, a judge of Cortland
We Jonas Glazier a clergyman residing in the town of Napoli Cortland County and State of New York and Benedict Russell - residing in the same place hereby certify that we are well acquainted with William DeShay who has subscribed and sworn to the above declaration. That we believe him to be eighty years of age. That he is reputed and believed in the neigh- bourhood where he resides to have been a soldier of the revolution and that we concur in that opinion
Sworn and subscribed Jonas Glazier the day and year aforesaid Benedict Russell before me Witness Levi Steel Thos. Wheeler, a judge of Cortland
And I Thomas Wheeler a judge of the court of common pleas of the county of Cortland do hereby declare my opinion after the investiga- tion 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 I do further certify that the said applicant by reason of bodily infirmity is unable to appear in open court,
And I do further certify that it appears to me that Jonas Gage who has signed the preceding certificate is a clergy man resident in the town of Napoli in the county of Cattaraugus and that Benedict Russell is a credible person and that the statutes entitled to credit
Thomas J. Wheeler, a Judge of Catskill Court of Pleas
State of New York
Cattaraugus County, Clerk's Office
George H. Gillis Clerk
of said county Do hereby certify that Thomas J. Wheeler Esq. whose name is subscribed to the foregoing Certificates was at the day of the dates of the said Certificates a Judge of the Court of Common Pleas of Cattaraugus County in said State, (the same being a Court of Record), and that the signatures annexed are his genuine signatures
In Testimony Whereof I have hereunto set my hand and affixed the seal of said Court and County this 25 th day of July 1842
G. H. Gillis Clerk

Aug 1 1842
Southway
Inf
for
William
1
 1600  4200  2400  3000  1600  300  1000   14100  700   14800 
L. J.
Edward
Pension Office
Hon S. N. Clarke
HR

House of Representatives
Aug. 5 th 1842
J. L. Edwards Esq.
Dear Sir,
I enclose herewith the declaration of William Dethay a Revolutionary Revolutionary soldier, asking the restoration of his pension.
Yours respectfully
A. N. Clarke

William Deshay N.Y. (Buffalo) act 7 June 1832 to what time last paid?.
April 26 th 1842
p. 4 th March 1841
I/4
Mr Harry