Revolutionary War Pension and Bounty Land Warrant Application File R. 2,856, Joseph De La Baume, French

SERVICE
NUMBER
French.
or
De La Baume, Joseph Baume.
R. 2856
CONTENTS

Joseph Despatch of Bexar Texas Mexico.
Esteban F. Austin (via Brownsville) Texas

This day personally appeared before me Joseph De La Baume a resident of Bexar in the United States of Mexico, and made oath, that he came over from France during the Revolutionary war of the British Colonies under the command of Genl the Marquis de la Fayette as a Captain and that he commanded a company during the war of the Revolution, and that he was present, and commanded his company in all the battles where La Fayette was present, and at the surrender of Lord Cornwallis at York Town, that he then obtained leave of absence from the Army to visit Louisiana, and during his stay there the Revolution broke out in France, which prevented his return to his native country. He remained in Louisiana until 1800, when he removed to his present residence which is thirty two years. When the Revolution broke out at this place he was possessed of seven thousand Doubloons, and nearly five thousand dollars in silver and large quantities of valuable plate, which was taken by the Royalists

of this country, who suspected him of entertaining "liberal principles," and himself imprisoned, and kept in Irons for seven months. No portion of his property has ever been restored to him, — He is in his hundred, and second year , since the sixth day of the present month. He further states that he is very poor, and is too infirm, to labour, and therefore prays that a pension may be granted as provided by the acts of Congress of the United States of America.
He further makes oath that all his official papers were taken, and destroyed by the Royalists, when he was taken prisoner, as well as his private papers — and that his only alliance, is upon official papers, on file in Washington City, for the evidence necessary to his identity, and the justice of his claim to a pension.
Done at Bexar 18 th Jan y 1833.
Hand done in duplicates; Joseph De la Baume antes

I certify that the inclosed state- ment was taken by me, and depo- -sed to before the Alcalde of Bexar and that I know him to be the proper officer, before whom the same should be taken.
Sam H. Austin
Bexar 18 th Jany 1833

Act 7. June 1833
Rejected
See letter 18 th Dec 1833
Service not provided for
2856

Stephen M. Austin San Felipe de Austin Vila Brasaria Texas
18 Dec 1833
O C
Memoranda of Dec 25
No. 260

War Dept Pension Off Nov. 1833
Sir
The claim of Capt. Joseph de la Baume for revolutionary service in the allied army has been received & examined —
The principles of that allied service referred the pay & remuneration of the Officers & Soldiers of each to their respective governments & consequently the Act of 7. June '32 under which this claim is presented provided alone for those who belonged to the American forces — The papers are placed on our files —
Stephen S. Austin Esq. San Felipe de Austin via Brasoria Texas

28. 825
Joseph De Le Baume Texas
Stephen S. Austin San Felipe de Austin Texas Via Brazoria U. S. A.

WAR DEPARTMENT,
Pension Office,
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 subjjoined 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
   Period when the service was rendered. Duration of the claimant's service. Rank of the claimant. Names and rank of the Field officers under whom he served. Age at present, and place of abode when he entered the service. Proof by which the declaration is supported.   Years. Months. Days.              
I am, respectfully,
Your obedient servant,
JAMES 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 days 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?  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 the 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 inquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
Applicants unable to appear in Court, by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court.
Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the Peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature.
No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.
[a] The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance.
[b] The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not conforming to the rule.
[c] The age of the claimant must invariably be mentioned.
[d] The declarant must mention the period or periods of the war when he served.
[e] Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had. Every claimant must state, with precision, the length of his service, and the different grades in which he served, in language so definite as to enable the Department to determine to what amount of pension he is entitled. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service; but, according to the best of his recollection, he served not less than the periods mentioned below, and in the following grades:—For _____ year _____ months, and _____ days, I served as a _____. For _____ months and _____ days, I served as a _____; and for such service I claim a pension."
It is important, in all cases, to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months , is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state that they served two years in the militia, &c. without specifying the tours, the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must, in every case, be clearly shown under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
[f] The law makes the relinquishment indispensable.
[g] The opinion of the Court is always required.
[h] The Clerk must give his certificate in every case.
[i] The Clerk must affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he has no public seal of office, the certificate of a Member of Congress, proving the official character and signature of the certifying officer, should accompany the papers.
Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other papers authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
Proof of Service.
[j] In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses who are required to set forth in their affidavits the time of the claimant's entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
The notes from [a] to [i] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in note [j] applies to continental troops only.
[k] This traditional evidence is indispensable in militia cases.
[l] If a witness cannot be found, the declarant must state the fact.
[m] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.

21857  aw
P. O.
Joseph R. L. Brune Service: _____
REJECTED
Enlisted: _____, 18
Discharged: _____, 18
Application filed: _____, 18
Alleges: _____ _____ _____
Re-enlisted: _____ _____
Attorney: _____
P. O. _____
_____ Recognized. _____ Contract.
_____ Cert. of Dis. Searched for _____, 18

Governor Lewis Cass Secretary of War of the U. S. Bexar. Department of Texas in the U. S. of Mexico the 15 th February 1833
Honorable Sir:
You will receive herewith a petition of mine to the Government of the U. S. praying that a pension, or some release may be granted to me for the reasons therein expressed. ~ ~ ~ ~ ~ I do further make known to you that I am too old and infirm to be able to transport myself to the U. S. to petition and enjoy the same there: I pray therefore that the same be remitted to me here, if possible and if not in the State of Louisiana by writing to me as below directed. I observe at the same time that I never knew that such an Act had ever been passed to release the Soldiers of the Revolutionary war till now = that I have a wife of upwards than Sixty years of age.
I further advert that, before the French Revolution, I was Count of the now extinguished County

de la Baume (not far from Avignon in France) = and that the Company of commanded was called de la Baume; of the Regiment commanded by the Vice Count de Bonnesalle: ~ ~ ~ ~ ~ = That, in case I should not be found as such in the Register at Washington, I will, upon receiving your answer, write to the General Marquis de la Fayette for further authentication on the subject.
Be then so good, Respected Sir, as to direct your answer on the results of this my humble petition to my Attorney Esteban T. Austin (via Brasoria) Texas = as by him directed.
And remaining your very obedient and respectfull Servant I am yours
Joseph De la Baume

he dejado bastante claro para que pueda Vd. llenarlo indicandole por que Conducto, o rumbo ha de contestarme por su entremedio de s d modo que me la haga pasar a estar.
San Felipe de Austin (Texas)
Feb 7 20. 1833
Sir,
In compliance with the request of Cap. Joseph de la Baume, contained in the foregoing letter, I transmit the enclosed papers addressed by him to the war department of the U.S.
I have been personally acquainted with the petitioner since 1821 - his character for honor and integrity is unimpeached - he is highly respected by those who know him - he is very old & infirm & poor - The late Baron de Bastrop frequently told me that La Baume came to America with Lafayette as a captain in the French army - I believe that the Statement made by him before the

Alcalde of Bexar in Spanish and that in english certified by Gen. Sam Houston of Texas, which are enclosed contain the truth - I know that the Spanish document is authenticated by me the proper officer - that he was duly appointed and in the legal exercise of the office of Regidor and acting Alcalde of the city of Bexar at the date of the said statement - I know his signature and those of the witnesses -
Any communications addressed to my care for Col. LaBarrue shall be prompt- ly forwarded to him at Bexar, or to his family should he have died before they reach me -
Should what I have said be of any service to the petitioners, my writing & signature can probably be identified by Gen. W. D. Sharpe, or Col. J. H. Benton of Missouri.
I have the honor to remain very resp. affecly
Nov. 1. 1846 S. F. Austin
your Res. affecly
Stephen F. Austin

D o Esteban F. Austin
Bejar á 23 de Febrero 1853
Mi Siempre querido Amigo, y de toda mi confianza, yo me tomo la libertad de remitirle los pliegos aquí dentro contenidos: en una carta no cerrada (para que V ed me haga el favor de imponerse de lo importante de su contenido) titulada al Gobernador Cajo, Secretario De guerra de los Estados Unidos de America. Los Documentos Autenticados delante del General Samuel Houston y el Ayuntamiento de esta Ciudad, con los cuales, en virtud de una ley, ó decreto de dichos E. U., Solicito un Montepío, o pensión vitalicia, ó al menos algun socorro por mis servicios en la guerra de la independencia de los referidos Estados de America.
El General Samuel Houston me aconsejó de entregar luego luego mi dicha Solicitud á su pariente de V ed Juan Austin, para que corriera con ella (vía Brasoria) con el Gobierno de Washington; pero, por su repentina salida de ésta, no he podido verificarlo; lo que

Siento mucho.
Por lo que, Estimado amigo, y Señor mio se los transmito á Vd. por el Correo. Suplicandole que, visto y examinado el contenido de ellas, se sirva tomar las providencias que juzgare mas convenientes (como si fuese asunto propio de Vd.) para que reciba por su entremedia, o conducto una contestacion oficial del Gobierno de dichos E.U. afin de que en recibiendo la misma me desengañe sobre el asunto; á saber: Si tengo derecho, ó no de percibir y disfrutar aqui de la referida pension, con lo atrasado desde que se pasó el Decreto, ó á lo menos de algun auxilio que tubieren a bien darme!
Con lo que, quedo su muy fiel y obediente Servidor que S. M. B.
Joseph D. Escalante
N.B. En la Carta dirigida al Gobernador Lewis (a)

27. 572
Joseph Desch Baume of Texas U.S. of Mexico
Esteban F. Austin (via Braganza) Japan U.S. de

SELLO TERCERO
PARA EL BIENIO DE
DOS REALES
1832 Y 1833.
Hoy dia se presentó personalmente Joseph de la Baume; Presidente Vecino de Bechar en los Estados de Mexico y hizo juramento de que se transportó de Francia en el tiempo de la guerra de la de la Revolucion de las Colonias britanicas, bajo del mando del General, Marquis de la Fayette, en capacidad de Capitan, y q do mandó en dicha capacidad una Compañía durante la Guerra de la Revolucion, y q do estuvo presente mandando á su Compañía, en todas las Batallas en las que estuvo presente dicho General La Fayette, y que cuando se rindió el General Lord Cornwallis á la Y. B. K. Town, asistió = que en aquel tiempo obtuvo licencia de ausentarse del General La Fayette para irse á visitar la Lousiana siendo exonerado del armada: y durante su residencia en la dicha, la Revolucion brotó en Francia; por lo que su retorno a su patria fué impedido: permaneció en Lousiana hasta 1800; Cuando mudó su domicilio á esta Ciudad en que á hora se halla, hace treinta y dos años. Cuando la Revolucion brotó en esta, tenia en su poder Siete Mil Dobrones y veinte y cinco mil pesos en Numerario, y mucha plata labrada las que han sido confiscadas por los Realistas de este pais, los que pensaban que abrigaba principios de liberalismo: y que ha sido preso y puesto en grillos durante siete meses = que ninguna parte de sus bienes á sido restituida = Se halla de edad de Ciento y dos años, Contando desde el dia 18to del presente mes: y me dice ademas que es demasiado pobre, y enfermo para trabajar; por lo que ruega que una pension le sea otorgada segun esta Secreta

en una acta del Congreso de los Estados Unidos y para ademas que todos sus papeles oficiales han sido embargados y destruidos por lo Realistas, quando fue emprisionado, asi como su privados papeles; y por lo que toda su seguridad en el caso milita sobre la documentos oficiales Registrados en la Ciudad de Washington en cuanto a la evidencia respecto a la yndentificacaturar de la presentes y la Justicia de sus reclamos a las mismas. Hecho en Bexar, à Diez y Ocho de Enero de mil ocho cientos y treinta y tres Y hecho en duplicado. Atestado de En Bexar à 28 de Enero de 1833.
Joseph De la Barrera
Yo Manuel Domene Regidor 1º del Ayuntamiento de esta Ciudad y el intº por ausencia del propietario.
Certifico: en cuanto puedo levo y el Dno me permite que el Sr. Caballero se a presentado en este Tribunal en mi cargo con la Asistencia de la Comision firmada de su pleno y se a ratificado en ella bajo el juramento y otorgo por Dios Nuestro Señor y en señal de confirmacion a presencia de los testigos Ciudadanos Juan Francisco Brugueta y Jose de la Cadenas a mas los de mi asistencia con gran

SELLO TERCERO DOS REALES
PARA EL BIENIO DE 1832 Y 1833.
Quiere constar en la forma Ordinaria por fee, V Cornel Jimenez.
De mi casa Victoriano Sepedatte
De mi casa y Ignacio Arcechi
testigos Juan Francisco Buchetti y Jose Maria Cardenas