Revolutionary War Pension and Bounty Land Warrant Application File R. 2,894, James Depuy, New York

SERVICE
SERVICE New York
Deputy James
NUMBER
R. 2894
CONTENTS

James Depuy 12.065
The declaration gives the information that the applicant was a slave in the revolutionary war, and as a consequence not entitled to the benefit of the act of June 7. 1832. as slaves were not bound to do militia duty. This applicant is not entitled to the benefit of the act of June 7. 1832.

At a Court of Chancery held for the State of New York, at the village of Onondaga, in the County of Onondaga on the Eleventh day of September, one Thousand eight hundred & thirty two:
Present: - Daniel Moseley , Vice Chancellor of the Twentieth Circuit: -
Personally appeared James Depuy , a colored man, of the Town of Salina in the County of Onondaga, aged sixty seven years, who being first duly sworn according to Law, doth on his oath make the following Declaration in order to obtain the benefit of the Act of Congress passed June 7 th 1832, -
He was born in the Town of Mamakating in the County of Sullivan, New York, December 25, 1764 - He has no record of his age in his possession & does not know that there is any - He was brought up in Mamakating and lived there through the war. He was then the property of Elias Gurnear, & after the war he was sold to Benjamin Depuy the father of John & Benjamin Depuy who are now living. About three years afterwards he was sold to Jacobus Depuy & obtained his liberty about twenty years ago.
During the Revolutionary war he was one of those who kept guard on the frontier on the Rondout River. He assisted to build Fort Depuy about a mile below Dewitt Fort. He was frequently stationed as a sentry on some of the hills around the fort & was frequently employed in scouting parties in the woods. He recollects that Brant with a party of Tories &

Indians made an attack on Fort Defiance & Fort Devitt. On his approach all who were in Fort Defiance left it to go to Fort Devitt. He went before across the fields & pulled down the fences so that our party might pass through with their wagons as they were afraid of being attacked if they went by the Road. They shut themselves up in the Fort having left the wagons on the outside. Brant's party approached the Fort & commenced firing. Brant himself advanced in front of his party & set fire to a barn about a hundred yards from the Fort. They stayed about two hours. No persons were killed in the Fort, but there were some killed outside. They burned Fort Defiance, killed a number of cattle & hogs & destroyed considerable property.
Capt Wood afterwards came to Fort Devitt & made him a present of a musket & cartridge box. He recollects that a party of the Tories afterwards attacked the settlements farther down the River, where they did a great deal of injury to houses, cattle & other property. He was not engaged in any other action after this, but for some years & until the end of the war, he was constantly engaged with the others at the Fort in keeping guard & in scouring the woods & keeping off Indians & Tories. Occasionally he was employed on the farm, but was generally engaged in the service at the Fort or in the woods. He cannot now recollect the exact time of his service but it was between four & five years.
Since he has obtained his liberty he has lived in the towns of Manlius & Pompey in Onondaga Co. & now lives in the Town of Salina. He has no property & supports himself by day labor.

He has no documentary evidence in his possession of his services & John & Benjamin Depuy & Cornelius Wallace are the only persons living who can testify to his services.
He hereby relinquishes every claim whatever to a pension except the present & declares that his name is not on the pension roll of the agency of any State.
Subscribed & sworn this 11 th day of Sept 1832
James H Depuy
Before me Daniel Moseley Circuit Judge
(We, John Depuy & Cornelius Wallace)
affidavit - Being duly sworn say that they are personally acquainted with James Depuy who has subscribed & sworn to the foregoing declaration & that we believe him to be sixty seven years of age, that he is generally reputed & believed in the neighborhood where he resides to have been a soldier in the Revolution & that we concur in that opinion
Sworn & subscribed this 11 th day of Sept 1832
John Depuy Cornelius H Wallace
Before me Daniel Moseley Circuit Judge
And the said Vice Chancellor doth hereby declare his opinion, after the investigation of the matter & after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary soldier & served as he states. And he further certifies that John Depuy & Cornelius Wallace who have signed the foregoing certificate are credible

persons and that their statements are entitled to credit —

I Daniel T. Moseley Deputy Clerk of the Court of Chancery of the Seventh Circuit for the state of New York, do hereby Certify that the foregoing contains the original proceedings of said Court in the matter of the application of James De Puy for a pension — In testimony whereof, I have hereunto set my hand and seal of office this 12 th day of September one thousand eight hun- dred and thirty two —
Daniel T. Moseley Deputy Clerk

12.065
James Deputy
Onondaga N.Y.
The declaration furnishes the information that the applicant was a slave in the revolutionary war, and as slaves were not bound to do militia duty this applicant is not entitled to the benefit of the act of June 7. 1832.

BRIEF in the case of James Lihuy 6 th of March 1839 in the State of New York (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge? Marblehead  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?  3. How old is he? 67  4. State his service, as directed in the form annexed. 
   Period. Duration of Service. Rank. Names of General and Field Officers under whom he served.   Years, Months, Days. As a Gen.     In 17    Period & Duration of Service not stated correctly
 5. In what battles was he engaged? None  6. Where did he reside when he entered the service? Sullivan Co. N York  7. Is his statement supported by living witnesses, by documentary proof, by traditionary evidence, by incidental evidence, or by the rolls? To a Dilemma  8. Are the papers defective as to form or authentication? and if so, in what respect?  The papers are not attested in reg d 
X Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
A. Coburn
N. H. H. H. H. Examining Clerk.

2894
P. O. _____
Service: _____
REJECTED
Enlisted: _____, 18
Discharged: _____, 18
Application filed: _____, 18
Alleges: _____
Re-enlisted: _____
Attorney: _____
P. O. _____
_____ Recognized. _____ Com
_____ Cert. of Dis. Searched for _____, 18

New York Revo
James Ripley
Rejected
let. D. T. Moseley 27 Apr. 1833
2894
Act 7 June '32

12065 James Doherty
Rejected
let
105 money
27 ap 1833

BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of James DePuy on a case N York which require further proof or explanation.
I. Does the declaration show where the applicant resides? yes II. Did the declarant make the declaration in the county where he resides? yes III. If the applicant did not make the declaration in the county where he resides, is there any reason assigned for his not doing so? IV. Has the declarant mentioned the period or periods of the war when he served? no V. * Has he mentioned with precision the length of his service, and the different grades in which he served, in language so definite as to enable the department to determine to what amount of pension he is entitled? no VI. Has he given the names of the officers under whom he served, in conformity with the regulations? no VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832? yes VIII. Has the Court given their opinion? yes IX. Has the Clerk given his certificate? yes X. Is the Clerk's seal affixed? And if so, has it a device or inscription by which it can be distinguished from any other seal? yes

XI. Has the applicant obtained the evidence of a clergyman and another respectable citizen as to their belief respecting his age and the general belief in his neighborhood relative to his revolutionary service? no
XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it? no
XIII. If the applicant has no documentary evidence, and has not obtained the testimony of at least one living witness, has he stated in his declaration that such proof cannot be had? no
XIV. † If the applicant's name is not found on the rolls of military service, has he produced a witness or witnesses as to his service?
If he has produced direct proof as to service, has the magistrate who administered the oath, certified to the credibility of the witness or witnesses? yes
Has the proper officer certified to the official character and signature of the magistrate as the regulations direct? yes
XV. Does it appear from any of the papers that the witness was in such a situation, or of such an age, as to have a personal knowledge of the applicant's service? yes
XVI. ‡ Are the papers authenticated as the regulations direct? no
XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered?
EXPLANATORY NOTES.
* QUERE V. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words: "Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service, but according to the best of his recollection he served not less than the periods mentioned below, and in the following grades; For _____ year _____ months, and _____ days, I served as a _____ For _____ months and _____ days, I served as a _____; and for such service I claim a pension."

It is important in all cases to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state they served two years in the militia, &c. without specifying the tours; the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must in every case be clearly shewn under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
†QUERE XIV. Proof of Service.
In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses, who are required to set forth in their affidavits the time of the claimants entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
‡QUERE XVI. Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other paper authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
¶ In every case where the clerk of the court, or other certifying officer, has no public seal of office, the certificate of a member of congress, proving the official character and signature of the certifying officer, should accompany the papers.