Revolutionary War Pension and Bounty Land Warrant Application File R. 11,944, Joseph York, N.H.
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SERVICE  N.H.

York, Joseph

NUMBER  R. 11,944
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8959
Joseph York
Rejected
S. 1617.

28th Nov. 1832

[?] 109.

Saml J Haught
Angelica
Allegheny Co NY

[lower left corner]
York, Joseph
N.H.
R.11944
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8959
BRIEF in the case of Joseph York
of Cuba in the State of New York
(Act 7th June, 1832.) 

1. Was the declaration made before a Court or a Judge? A Judge 

2. If before a Judge, does it appear that the applicant is disabled by bodily injury? Yes

3. How old is he? 76 years 

4. State his service, as directed in the form annexed. 
Enlisted in 1775 - a few days and 5 months - Rank [blank] - Gen. Arnold, Sam. Wetherly Cap, Seth Warner Col
Enlisted 1776 - 2  Months - [blank] - Cap Oliver Ashley, Col Benj. Bellows
Enlisted 1777 - 2 months - [blank] -same officers 


5. In what battles was he engaged?  none stated

6. Where did he reside when he entered the service?  dont state

7. Is his statement supported by living witnesses, by documentary proof, by traditionary evidence, by incidental evidence, or by the rolls?  Traditionary 

8. Are the papers defective as to form or authentication? and, if so, how?  [blank]

I Certify that the foregoing statement and the answers agree with the evidence in the case
[signed] A Reintzel  Examining Clerk.
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8959
Joseph York
pension papers

on Rolls Bellows Regt Ashleys compy.
11 days in '77
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State of New york
Allegany County ss   On this twenty seventh day of August one thousand eight hundred and thirty two personally appeared before Asa S. Allen Esquire a Judge of the Court of the Court [sic] of Common Pleas of the County of Allegany & State of New York at his office in the village of Angelica in the said County Joseph York a resident of the Town of Cuba in the said County of Allegany aged seventy six 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 & served as herein stated.
That he enlisted as a minute man to turn out when ever he & his associates might be called for at the Town of Claremont in the State of New Hampshire (County of Cheshire) in the month of April one thousand seven hundred & seventy five & that in the month of January one [thousand] seven hundred & Seventy six he was called out & his company marched to Montreal under the command of a  committee chosen by the Company.  when he arrived at Montreal they formed a garrison left as he was informed by Genl Montgomery, but who commanded it he can not now recollect, that his company was informed his company must choose a captain or that they could not draw provisions & that they then choose Samuel Wetherly Captain and that his election was ratified by the commanding officer or officers. that he was marched under the command [end of page]
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of the said Samuel Wetherly to Quebec & then that the said company was annexed to the Regiment under the command of Colonel Seth Warner & that he remained at Quebec untill as he believes the sixth of May in the year last aforesaid with the said Company and that the part of the American army there then commenced their retreat under Genl Thomas.  that he was marched up the [St Lawrence?] River to St Johns & that from thence his company made the best of their way home. that during the time he was in the army as aforesaid he was under the command of Genl Benedict Arnold that he saw Genl Worcester & Major Browns quartres when the British set it on fire, that he then served a few days over five months & that he has no documentary evidence nor knows of no person living who can testify to his service as aforesaid -  that his company was dismissed at St Johns & boats  were found there to cross the Lake Champlain - 
And he further declares that he a second time entered the service of the United States by enlisting in the Militia in the State of New Hampshire in the month of September one thousand seven hundred and seventy six for the term of two months[.]   that he was marched to Ticonderoga and that he remained at Ticonderoga for two months[.]  that he was in the Regiment commanded by Col Benjamin Bellows & in a company commanded by Capt Oliver Ashley, that the company was dismissed at Ticonderoga & returned home - that he enlisted at the Town of Claremont aforesaid & that he has no documentary evidence nor knows of [end of page]
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any person living who can testify to his service as aforesaid. That in the month of June one thousand seven hundred & seventy seven he again entered the service of the United States at the Town of Claremont aforesaid by enlisting in the malitia [militia] of New Hampshire in a Regiment commanded by Col Benjamin Bellows and in a company commanded by Capt Oliver ashley for the term of two months. that he was again marched to Ticonderoga, the garrison of which was then commanded by Genl Arthur St Clair, that he remained at Ticonderoga & Mount Independence untill the retreat of the garrison. that he was discharged with his company at White creek that he served two months and that he knows of no person living who can certify to his service nor has he any documentary evidence and 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 to & subscribed the day & year aforesaid-
[signed] Joseph York
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State of New York
Allegany County ss.  We Thomas McElhany of the Town of Haight in said County Justice of the peace & Post Master & Jacob Baldwin of Cuba in said County do hereby certify that we are well acquainted with Joseph York who has subscribed & Sworn to the above declaration, that we believe him to be seventy six years of age, that he is reputed & believed in the neighbourhood where he resides to have been a soldier of the Revolution and that we concur in that opinion & we further certify that no clergeman [clergyman]  resides in the neighborhood of the said Joseph York
Sworn & Subscribed the day & year aforesaid
[signed] Thos McElheny [and] Jacob Baldwin

And I the said Asa S. Allen Judge as aforesaid does hereby certify that the said Joseph York is sick & infirm & resides at some eighteen or twenty miles from when the said court is held & that I believe he would not be able to attend the said Court
And I the said Judge do hereby declare my 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 I the said Judge do further certify that it appears to me that Thomas McElhany who has signed the preceeding certificate is a
[end of page]
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resident of the Town of Haight in the County of Allegany & that Jacob Baldwin who has signed the same is a resident of the Town of Cuba in the County aforesaid and that they are both credible persons & that their statement is entitled to credit & further that no clergyman resides near the said Joseph York. & I, the said Judge, do further certify that the foregoing are the origal [original] proceedings had before me in the matter of the application of Joseph York for a pension.  In  testimy [testimony] whereof I have hereunto set my hand this 30th day of August 1832
[signed] Asa S Allen Judge of Common Pleas of Allegany County
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State of New York
Allegany County Clerks office ss. }
I Judson W Sherman Clerk of the County of Allegany & Clerk of the Court of Common Pleas of the said County do hereby certify that Asa S Allen before whom the within proceedings purport to have been instituted is a Judge of the Court of Common Pleas of the said County & that I am acquainted with his hand writing & that his signature subscribed to the within proceedings & certificate is in his proper hand writing
Witness my hand & seal of office this 31st day of August 1832.
[signed] J W Sherman
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State of New York
County of Allegany } ss
On this 28th day of May 1833 personally appeared  before Josiah Utter a judge of the court of common pleas in and for the said County of Allegany Joseph York a resident of the Town of Cuba in the County and State aforesaid aged Seventy six 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 was born at Stonington in Connecticut on the 6th day of September 1756 - In the fall of 1768 his Father whose name was Joseph moved with his family from that place to Claremont in New Hampshire where he died about the year '90
In 1775 being then a resident with his Father in the 19th year of his age he enlisted in the service of the United States as a minute man in the militia of the State of New Hampshire at Claremont under the authority of Capt. Oliver Ashley.  Joseph   Hubbard acted as Lieutenant and Samuel Hubbard Ensign[.]  they all lived in Claremont and acted as a town committee of safety (Cheshire County)
In the month of January 1776 on the receipt of the news of the failure of our army at Quebec under Arnold and Montgomery he was called into actual service.  Mustered at Charlestown an adjoining town in N.H. and marched immediate under the above named officers in a deep snow through Springfield, Saltash, Cavendish & Rutland in Vermont thence down the Otter creek crossed Lake Champlain on the ice and went to St Johns - There made choice of Samuel Wetherby for Capt. from thence marched through Chamblee to Montreal where he staid four days and then went to Quebec where he arrived on or about the first of February- [illegible]
Was first stationed two or three miles from the plains of Abraham under Col Seth Warner of [Vermont?] General Arnold was then in command but was afterward succeeded by General Wooster -- thinks it was about the first of March when he with such of his company as were able to do duty were sent eight miles down the St. Lawrence and stationed there as an advance guard but were soon ordered back by General Wooster and was then stationed near that general as his body guard
On the 6th of May left the plains of Abraham by order of general Thomas who had succeeded Wooster in command and [end of page]
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marched to Claremont in nearly the same route on which he went.  At St Johns met Col Starks regiment and recognized many of his officers and men among whom was Lt Col Poor of N.H.  Arrived home at Claremont on the 27th day of June.  Was gone and in actual service probably over five months but surely five months during which time he was not employed in any civil pursuit
[ See * below] Remembers to have seen Lieut Col Joseph Wait and Capt Jason Wait of N N & [illegible] at Quebec also Major Brown of Connecticut who he understood went with Arnold across the mountains-- On the receipt of the news of Arnold's fight on Lake Champlain in  September following again volunteered and went into the service of the U.S.  Mustered at Claremont in the Militia of New hampshire and immediately marched for Ticonderoga through nearly the same route as before  Benjamin Bellows of Walpole Col Samuel Hunt of Charleston Lt. Col. John Bellows of Walpole Major - Oliver Ashby Capt. Samuel Ashley first Lieut and Asahel Jones 2nd Lieut (the 3 last were of Claremont) 
Was stationed at Mount Independence opposite Tiga [Ticonderoga] (general Gates being in command) and assisted in building a fort at that place called "pickets fort"  Marched from there in the fore part of November following back the same route to Claremont and was discharged about the middle of the same month. Was in actual service this tour two months during which time he was not employed in any civil pursuit
While he was at Ticonderoga (or Mount Independence) frequently saw Col Stark of N.H. and his Regiment.  Remembers Capt Jason Wait and his company were then in Starks reqt.
[See ** below] Early in the spring of 1777 he thinks in April again volunteered under the same officers.  Mustered at Claremont & marched on the usual route for Ticonderoga in the Militia of N.H. Stationed in the fort on the Ticonderoga side of the neck (General St Clair in command) till the 6th day of July at which time the army under that general retreated and surrendered the Garrison to the enemy
On the 7th his company after marching and counter-marching agreeable to the orders of General St Clair between the battle ground on the hill of Hubbardton and Castleton arrived at Rutland at evening and the next day went southwardly toward White Creek and on the 9th Marched with his regiment for N.H.
through Clarendon and some part of the same route above described.  Was discharged at Claremont about the 20th July. Thinks he must have been [end of page] * 2nd tour '76  2 months}
** 3d tour '77  2 months}
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in actual service this tour nearly three months but will say only two months during which time he was not employed in any civil pursuit
This year Poor of N.H. mentioned above as Lt Col under Starks acted as a brigadier General & he frequently saw him at Ticonderoga
From this time to the close of the war he thinks his name was continually enrolled as a minute man at Claremont so that although he expended much time and money in equipping & drilling & still the duration of his services for which he claims a pension is nine months and no more. Continued in Claremont till In March 1784 when having a small family he moved to Randolph in Vermont and from there in 1810 to Henrietta near Rochester in this State and from thence to Cuba in 1824
Thinks he never had a written discharge from the service and if he had it is long since gone from him
Has no documentary evidence unless his name can be found on the rolls of the Militia of the State of New Hampshire as above stated nor does he know of any person whose testimony he can procure who can testify to his service
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
[signed] Joseph York
Sworn to and subscribed the day and year aforesaid at the Town of Cuba aforesaid before me 
[signed] Josiah Utter  Judge of Com pleas of Allegany County

State of New York 
Allegany County Clerk's office } ss  
I Judson W. Sherman Clerk of the said County of Allegany and also clerk of the court of Common pleas of the same do hereby certify that Josiah Utter before whom the above affidavit purports to have been taken is a judge of the said court and that I am acquainted with his hand writing and that his signature hereunto Subscribed is his own proper hand writing
Witness my hand and seal of office this 28th day of June 1883
[signed] J W Sherman
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We Abraham Folsom a Clergyman residing in the said town of Cuba in the County & State aforesaid and John Griffin a member of the senate of the State of New York of the same place hereby certify that we are well acquainted with Joseph York who has subscribed and sworn to the above declaration That we believe him to be Seventy Six 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 
[signed] Abraham Folsom [and] John Griffin

Sworn and subscribed the day and year aforesaid at Cuba in the State of New York before me [signed] Josiah Utter Judge of the Com pleas of Allegany County

State of N York Allegany County Clerks office 
I Judson W Sherman clerk of the court of common pleas of said county do hereby certify that Josiah Utter is a Judge of this court and I know the above to be his own proper signature
Witness my hand and seal office the [?] day of [illegible] 1833

And I the said Josiah Utter Judge as aforesaid Do hereby certify that the above named Joseph York is confined to his house by reason of sickness and old age and in my opinion he is not nor never will be able to attend our county courts which are at all times held about twenty miles from his place of residence
Dated in Cuba this 28th day of May 1833

And I the said Judge do hereby declare my 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 I the said Judge do further certify that it appears to me that Abraham Folsom who has signed the preceding certificate is a Clergyman resident in the town of Cuba aforesaid & that John Griffin who has also signed the same [end of page]
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John Griffin who has also signed the same is a resident in the same place and a member of the Senate of this state and a credible person and that their statement is entitled to credit. And I the said Judge do further certify that the foregoing are the original proceedings had before me in the matter of the application of Joseph York for a pension in testimony whereof I have hereunto set my hand this 28th day of May 1833
[signed] Josiah Utter Judge of Com pleas of Allegany County

State of New York
Allegany County Clerks office ss
I Judson W Sherman Clerk of of [sic] the said County of Allegany & also Clerk of the court of Common pleas of the same do hereby certify that Josiah Utter before whom the within proceeding purport to have been instituted is a judge of the Court of common pleas of the said County and that I am acquainted with his hand writing and that his signature subscribed in three different places to the within proceedings is in his proper hand writing - Witness my hand and seal office this 25th day of June 1833
[signed] J W  Sherman  Clk
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State of New York
Allegany County } ss
On this 22nd day of June 1855 personally appeared before me John Powers a Justice of the peace of the said County of Allegany at my office in the town of Cuba Nehemiah Parrish of the town of Farmersville in the County of Cattaraugus and State of New York who being duly sworn deposeth and saith that he is seventy four years of age - That in the year 1786 he lived in the town of Bethel in the State of Vermont and then became acquainted with the above named Joseph York who lived in about four miles from him in Randolph an adjoining town in the same state. That he has been intimately acquainted with him ever since.  That he was always reputed and believed to have been a solder of the Revolution
And further this deponent saith on hearing the declaration of the said Joseph York which is herewith attached that he distinctly remembers to have heard said Joseph York State many of the circumstances related in the said declaration frequently and at different periods of time since his acquaintance with him and he always believed them to be true and still believes that he served in the war of the Revolution as stated in his said declaration
[signed] Nehemiah Parrish
Sworn and subscribed the day and year first above written before me at my office in Cuba
[signed] John Powers Justice

And I the said Justice hereby certify that it appears to me that the said Nehemiah Parrish who has subscribed and sworn to the above is seventy four years of age - a respectable citizen of of [sic] the town of Farmersville in the County of Cattaraugus and State of New York and that his statements are in all respects entitled to credit
Dated at Cuba 22nd June 1833
[signed] John Powers Justice
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[State] of New York
[Allegany] County Clerks office ss.
I Judson W Sherman Clerk of the said County of Allegany do hereby certify that John Powers before whom the above affidavit of Nehemiah Parish purports to have been taken is a Justice of the peace in the Town of Cuba in the said County of Allegany That I am acquainted with his hand writing and that his signature subscribed thereunto is in his own proper hand writing
Witness my hand and seal of office this 25th day of June 1833
[signed] J W Sherman Clk

All communications to be directed to Daniel Raymond
at Cuba  Allegany County N York
To J L Edwards Esq Comr of Pensions
Sir  I have sent both of Mr Yorks declarations
The first was mislaid at Angelica till after the other was made out-- Should not have sent the first one now if I could find the letter which came with it which it appears Mr Haight his former atty has lost - You will by perusing both of them which were made at different periods & places perceive but one small variation in his story[;] the first says he was discharged with his company at or near Ticonderoga &c. in the last he says he was discharged at Claremont.  His explanation is that his company was discharged as first stated but he was not discharged from the company till they arrived at Claremont.
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you will also notice that the County Clerk has not filled up one blank left for him so to do-- This was not noticed till I rec'd the papers back to Cuba from his office which is 20 miles distant - as his seal is on the same sheet in another place certifying the the same thing then intended to be shown again I conclude it will not be required.
I am Respectully yrs &c
[signed] Daniel Raymond
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Power of Attny to Examine Papers

Joseph York
Rev [illegible]
and
Elsa York Wid [illegible]
N. Y Suspended
Roll

I desire to Examine papers in both cases
J. G. Austin
atty

[illegible]
May 4/52
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Know all men by these presents, That Betsey Baldwin of the county of Allegany and State of New York have constituted and appointed, and by these presents do constitute and appoint James G. Austin of Washington City, my true and lawful attorney, irrevocably for me and in my name [crossed out: to receive from the United States all such sum or sums of money as may be due me on any account whatsoever,]
To examine the Pension papers on file at the City of Washington at the pension office, in relation to the Revolutionary Claim of my late father, Joseph York, and of my late mother Elsa York, and to [prosecute?] the said claim until the same shall be allowed
And I do hereby Revoke all other powers of attorney in the premises and in my name to execute such receipts and acquittances for the same as may be necessary, and generally to do all lawful acts and things touching the premises; and an attorney or attornies under him for the purposes aforesaid, to make and at his pleasure to revoke; hereby confirming all and whatsoever my said attorney shall lawfully do or cause to be done in the premises, by virtue of these presents.
In testimony whereof, I have hereunto set my hand and seal this 25th day of March 1852
[signed] Betsey Baldwin

State of New York  
County of Allegany} to wit:
On this 25th day of March 1852, at Cuba in said County, personally appeared before me a Justice of the Peace in and for the County aforesaid, and acknowledged the above power of attorney to be her act and deed for the purposes therein expressed
[signed] S. B. Lown  J.P.

State of New York
County of Allegany } to wit:
I hereby certify that S B Lown Esq., before whom the above acknowledgment was made, and who has hereunto subscribed his name, was at the time of so doing a Justice of the Peace in and for the County aforesaid, duly commissioned and sworn.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the Seal of the County Court, for the County aforesaid, this 31st day of April A.D. 1852.
[signed] John J Rockefellow  Clerk.
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REJECTED
11,944
Joseph York

[the rest of the form is not filled in]
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Let to A. Lynde June 25, '44

Revo
New York
Rejected
act 7 June '32
letter 12 Oct  '33
to S. S. Haught
Hon A. Smith Apl 19 '44
Angelica
Page 23

[top part illegible]

11944
Act 7 June 1832
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[postmark]
WARSAW N.Y.  JUN 19

FREE
J. L. Richards Eng
Commissioner of Pensions
Washington City D. C. 

Pri

[written across the address]
June 22, 44
Perhaps I can enlighten you on this subject
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Warsaw N.York
June 5. 1844
Hon J. L Giddings
Dr. Sir
Some few days since I troubled you with a short communication relative to the Pension claim of Mrs Tombs widow of James Tombs deceased who was a Pensioner of the United States
Will you permit me to trespass upon one patience again with a short communication on behalf of another revolutionary widow 
Joseph York served in the New Hampshire militia 5 months in 75, 2 months in 76, 11 days in 77. as will appear from his declaration on file in the pension of office
Mrs York his widow has applied to me to aid her in obtaining a pension but her memory is so poor that she cannot remember the names of the officers under whom he served neither the places of service. All she can state is that he served and resided at the time at Claremont N.H. The name of Mr York is not borne on the rolls except for the last service of 11 days.
You will see at once the perfect impracticability of my prosecuting her claim with any prospect until I can be informed in these points
Will you do me the kindness to go to the pension office and examine the declaration of Mr York, and inform me where the alledged services in 75, 76 + 77 were rendered and the officers under whom he served at each particular period and confer a great favor upon the old Lady
Most respectfully Yours
[signed] A. L. Lynde
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Warsaw N.Y. June 18. 1844
J. L. Edwards Esq.
Dr. Sir
In answer to your favor of the 12th instant I would state that Joseph York was not a [pensioner?] but an applicant for a pension and resided at the time of his application and death at Cuba Allegany Co. New York.  Mr York died shortly after his application for a pension.  Your early answer is desired
Very Respectfully
[signed] A L Lynde
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Washington City 
June11. 1844
Sir
I herewith enclose to you a letter from Mr Lynde.  Will you have the goodness to answer  the inquiries if consistent with your [practice?] directed to him at Warsaw New York, as I may leave the city before you will answer this
Very respectfully
[signed] J W Gridip

J L Edwards Esq