Revolutionary War Pension and Bounty Land Warrant Application File R. 11223, John Way, Conn.
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(3--1776)

SERVICE
Conn.

Way, John
Mary

NUMBER
R  11223
-----------------------------------------------------CONTENTS
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28558
New York
John Way
of Allegeny Co in the State of New York who was a Priv & Dragn. in the Compy commanded by Captain Phelps of the Regt. commanded by Col Waterbery in the Connecticut line for 6 months priv. of Inf. & 6 mo & 24 days priv. of Dragn.

Inscribed on the Roll of New York at the rate of 48 Dollars 30 Cents per annum, to commence on the 4th day of March, 1831.

Certificate of Pension issued the 16 day of April 1834 and sent to Hon E Howell Ho Reps'

Arrears to the 4th of March '34 - $144.90
Semi=an;. allowance ending 4 Dep ' 34  24.15
$169.05

Revolutionary Claim, Act June 7, 1832.
Recorded by Jno. Cromwell Clerk,
Book E  Vol. 4  Page 135
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Oaths of Reuben and Mary Landon
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Cortland County SS
Personally appeared before me Charles Vincent Esqr one of the Justices of the for said County Selah Way who being duly sworn deposeth & sath that John Way in the year 1775 enlisted into the army of the United States in the Connecticut Line for the term of six months and it is my belief  and there is not any doubt in my mind but that he served that time in full. And he then enlisted for three years during the war, and by reason of sickness his father hires A substitute to take his place - and in the year 1780 the sd. John Way and myself were in the army in the Quarter Master Genl. Department six months for which term of service I have his and my discharge - And it is my belief that the said John Way was in actual service at the least two years
Selah Way

Subscribed & sworn before me this 13th day of July 1829
Charles Vincent Jus Peace
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State of New York Cortland County Clerks Office SS
I Samuel Hotchkiss a Clerk of said County & Clerk of the Court of Common Pleas of said County do hereby certify that Charles Vincent Esqr before whom the within affidavit appears to have been taken was on the day of the date thereof a Justice of the Peace in & for said County duly commissioned & sworn his acts therefore in that capacity are to be regarded as such. And that I am acquainted with the handwriting of the said Justice and verily believe the signature "Charles Vincent" to the within subscribed, to be the proper handwriting of the said Justice. 
In testimony whereof I have hereunto set my hand and the seal of my said office the 13th day of July AD 1829
Saml. Hotchkiss Jr. Clerk
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Cayuga County SS
On this fourteenth day of July 1828 appeared before me Asa Way who made oath that he is acquainted with John Way that he knew him at the time when he enlisted in General Waterbery Brigade in the month of April seventeen hundred eighty one. That he the said John enlisted for one year as deponent verryly believes in Capt Phelps Company of horse.
Asa Way

Sworn and subscribed before me the day and year above written
S. Beardsley J Peace
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State of New York Cayuga County Clerks Office SS
I certify that S. Beardsley Esquire was on the fourteenth day of July A.D. 1828 a Justice of the peace in and for the Couty of Cayuga duly commissioned and sworn as such Justice of the peace and that full faith and credit are to be given to his acts in that capacity. I (next part of line creased - illegible) and the handwriting aforesaid S. Beardsley and verily believe the signature to the written affidavit to be his,
In testimony whereof I have hereunto affixed the seal of the said County and subscribed my name this sixteenth day of July A.D. 1828
Oscar S. Burges, Dep. Clk

(bottom right corner written vertically)
Hon J. Thagee H.R.
Recd. 6 Dec. 1828
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State of New York Allegany County SS
Personally appeared before me Solomon Woodworth one of the Justices of the peace of the said County of Allegany James Birthwick and Margaret Willison wife, of James Willison and Jane Hooker wife of Revel Hooker all of the town of Allen in the said County of Allegany and being by me severally sworn each for himself or herself respectively deposeth and saith that they are well acquainted with Selah Way and Asa Way whose names are subscribed to the annexed affidavits and were acquainted with them at & before the date of the said affidavits. That they were persons of good character reputation & standing & always have been as the said deponents severally believe & full entitled to credit & belief as witnesses That the said deponents severally knew them at the respective places of their residence & that their general character were good
James Borthwick
Margret Willison
Jane Hooker

I do hereby certify that the above named James Birthwick & Margaret the wife of James Willison & Jane Hooker are personally known to me & did on this 13rh day of June 1833 several subscribe the above affidavit & were by me in due form of law severally sworn thereto and I do further certify that they are respectively persons of good character & standing
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& fully entitled to credit and belief as witnesses. 
Solomon Woodworth Justice Peace

Allegany County Clerks Office ss
I Judson W Sherman, clerk of said County do certify that Solomon Woodworth before whom the within affidavit purported to have been sworn was at the date of the same one of the Justices of the Peace in and for said County and that I am well acquainted with his handwriting and verely believe his name subscribed thereto to be his own proper handwriting & signature.
Witness my hand and seal of office this 14th day of June 1833
J W Sherman Clk

I certify that Mrs. Margaret Willison & Mrs. Jane Hooker are respectable persons entitled to full credit as witnesses & that I was present when they made the preceeding affidavit to which their names are subscribed- Dated April 12th 1834
F Powell M C
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Reuben Landon of the town of Busti in the county of Chautauqua and State of New York being duly sworn deposeth and saith  that John Way enlisted as a private in the cavalry or horse company commanded by Capt. John Phelps in what was stiled the Warbury choir.  And started from Litchfield town in the county of Litchfield and State of Connecticut towards the close of the Revolutionary war to join said company and further this deponent saith not.  
Reuben Landon

Subscribed and sworn to this 30th day of Feb. AD. 1830 before me
Emrey Davis J. P.
I certify that the above named Reuben Landon is a man of veracity whose affidavit may be depended upon as truth.
Emery Davis  J. P.

Mary Landon of the town of Busti in the county of Chautauqua and state of New York being duly sworn deposeth and saith that John Way enlisted as a private in the cavalry or horse commanded by Capt. John Phelps  in what was titled Waterbury's choir  and that he the said John Way started from Litchfield town in the county of Litchfield in the state of Connecticut with said company  towards the close of the Revolutionary war and further this deponent saith not. 
Mary Landon

Subscribed and sworn to this 26th day of Feb. AD. 1830 before me
Emery Davis   J. P.
I certify that the above named Mary Landon may be depended upon as a woman that would not testify to that which is not true.
Emery Davis  J. P.
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[HULL & NEWCOMB, PRINTERS. . . Westfield.
-------------------------------------------------

State of New = York, }
Chautauqua County, }  ss.
CLERK'S OFFICE.}

I, James B Lowry, Clerk of the County of Chautauqua, do hereby certify, that Emry Davis Esq. whose name is subscribed to the certificate for the due execution of the annexed affidavits and endorsed thereon, was, on the day of the date of said certificates, a Justice of the Peace in and for the County of Chautauqua, aforesaid, dwelling in said county, commissioned and sworn, and duly authorized by law to take said affidavits.

And further:  That I am acquainted with the handwriting of said Justice and verily believe, that the signature, "Emry Davis JP" subscribed to the said certificate, is the proper hand-writing of the said Justice.
In testimony whereof, I have hereunto set my hand and affixed the seal of said county, the first day of March A. D. 1830.
James B Lowry
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In the matter of the}
application of John}
Way, for a Pension - }
____________________

Declaration -
Affts. & Certificate -
Done

Feby 19th 1834 write to
[    ] Macy & brought up
Connecticut for proof -

Hon. J. Magee
Nov. 21, 1832

I certify that the within papers passed through this change of the clerk in their same state they now are.
Jany 8th 1834
E Howell
de c. 

Hon. E Howell
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State of New York Allegany County SS
On this 30th day of October in the year 1832 personally appeared before the judges of the Court of Common Pleas of the said County of Allegany John Way a resident of the Town of Allen - in the County of Allegany and State of New York, aged seventy five 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 seventh 1832.

That he enlisted in the Army of the United States in the year 1775 with Captain Tuttle and served in the regiment commanded by Major Latimore in the Connecticut Troops, but the name of the regiment he cannot state, under the following named officers Viz - Lieutenant Kirtland, Captain Tuttle, (whose first name he thinks was Nathaniel) and Major Latimore whose regiments or battalion was attached to the division of the Army commanded by General Sullivan and General Lee, and that he enlisted for the term of six months - and that about one month previous to the expiration of his first term of enlistment he enlisted again in the company commanded by Captain Eli Kirtland for the term of three years or during the war. That he was there with his regiment at Boston in the State of Massachusetts and he thinks it was in the month of November in the year 1775 when he enlisted the second time. He does not recollect the name of the Lieutenant of Captain Kirtlands company, but the regments to which Kirtlands company was attached, he thinks was commanded by Colonel Vanscoick. He continued in the service until the latter part of the month of January following, when he obtained a furlough for forty days and returned home. That he was taken sick before the expiration of his furlough, and hired a man by the name of Sylvenus Graves to his place, who served the remainder of the time for which the said applicant enlisted as he believes, and he was told by the
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said Graves, that he (Graves) had received a written discharge at the time he left the Army - That he enlisted several times after this in the course of the war but for short periods, and he cannot recollect the times or places nor the names of the officers - That at the time he first entered the service he resided in the Town of Litchfield in the County of Litchfield in the State of Connecticut. That during the term of his first enlistment the regiment to which he belonged was stationed a part of the time at New London in the State of Connecticut, from which they marched to Boston in the State of Massachusetts. He recollects of having served nearly a year (but cannot state the particulars) in Captain John Phelps company of horse, which was under the command of General Waterbury, and was stationed at Horseneck, Stamford and afterwards at White Plains. He was in the battles at Frogs-neck and Valentines Hill but he does not recollect at what time these battles where fought. He received a discharge at the expiration of his last term of enlistment, and as he has already made application for a pension under the act of 1828 - he thinks his discharge is on file with his other papers in the pension Office-
He hereby relinquishes every claim 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.
John his X mark Way
Sworn to and subscribed the day & year aforesaid
J W Sherman Clerk
And the said Court do hereby declare their opinion that the above named applicant was a
revolutionary soldier and served as he states-
John Griffin 
Asa S Allen
Josiah Utter
Judges of the Court of Com pleas
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I Judson W Sherman Clerk of the said Court of Common Pleas of the said County of Allegany do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of John Way for a pension
In testimony whereof I have hereunto set my hand and seal of office this 30th day of October in the year 1832 
J W Sherman Clerk
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John Way

Syl. register  p 149

Report E. Phips

Admited
Private of Dragoons 6 mo
   "        of Infantry    6   "  24 days

Hon. E Howell
House Reps
N. Y.
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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 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 compling with this request, greatly facilitate the investigation of your claim.
A Statement, showing the service of John Way
Period when the service was rendered. | Duration of the claimant's service. | Years. | Months. | Days. | 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.
1775 | x | 5 | 9 | Private | Maj Lattimore Capt Tuttle | 75 years
Enlisted for 3 years Nov. 1775 | | 1 | 15 | " | Col Van Schaick |
nearly | 1 | 6 | - | Calvary | Capt. Phelps - Col Waterbury
Substitute Sylvanus Graves
[illegible] Phelps for proof
I am, respectfully
Your obedient servant,
JAMES L. EDWARDS,
Commissioner of Pensions.
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2
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 County of } ss
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 say 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 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 the narrative with the events of the period of his
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3
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) 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 some 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 traditionary 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 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 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 month 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 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 cads 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 signature of the 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 traditionary 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.
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Declaration
In order to obtain the benefit of the act of Congress of the 7th of July 1838, entitled "an act granting half pay & pensions to certain widows"

State of New York
Allegany County ss. 
On this 12th day of February 1840 personally appeared before the Court of Common Pleas in and for the County of Allegany in open Court Mary Way a resident of the Town of Angelina in the County of Allegany aforesaid aged seventy one years who being first duly sworn according to Law doth on her oath make the following declaration in order to obtain the benefit of the provision made by the act of Congress passed July 7. 1838, entitled "An act granting half pay and pensions to certain widows" That she is the widow of John Way late of Angelia deceased who was a private of Infantry and Cavalry in the Revolutionary Army, and who was a Revolutionary pensioner and whose pension certificate is hereunto annexed.

She further declares that she was married to the said John Way on the tenth
day of January one thousand seven hundred and Eighty Eight that her husband the aforesaid John Way died on the fourth day of April 1839. that she was not married to him prior to his leaving the service but the marriage took place previous to the first day of January Seventeen hundred and ninety four viz at the time above stated. She further declares that there is no record evidence of her marriage to her knowledge, that the marriage took place in the town of Kingsbury in the County
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of Washington and that the nuptial ceremony was performed by Adiel Sherwood Esquire a Justice of the peace of the said last mentioned County at the house of Reuben Landon in said Town of Kingsbury, and that she believes the said Adiel Sherwood Esquire has long since departed this life -
Mary her X mark Way

Sworn & Subscribed on the day and year above written in open Court before the Court of Common Pleas in & for the County of 
Allegany, Attest
James C Arnold Polk

We hereby certify that the said Mary Way appeared before us & made the foregoing declaration in open Court
Ransom Lloyd
W. Hicks
Josiah Utter
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State of New -York, }
Chautauqua County - Clerk's Office, } ss. I, George W. Tew Clerk of said County, do hereby certify, that Thomas A. Osborne Judge Chaw Roberts whose signature is set to the Certificate of Proof or acknowledgement of the annexed Instrument and thereon written, was on the day of the date of said certificate, a Judge of County Courts  in and for said county, duly authorized to take said proof or acknowledgement. And further, that I am well acquainted with his handwriting, and verily believe the signature of Thomas A. Osborne subscribed to said certificate, to be the handwriting of the said Thomas A. Osborne

In Testimony Whereof, I have hereunto set my hand and affixed the Seal of said County, this 24
day of August A.D. 1839
G. W. Tew Clerk.
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State of New York
Allegany County ss. Bildad Sherman of the County of Allegany & State of New York aged Seventy two years being duly sworn says that he has been long acquainted with John Way the pensioner mentioned in the pension certificate hereunto annexed, that he recollects of serving and knowing the said Way while he was in service in the revolutionary war and has known him since up to the time of his death as here in after mentioned and for the last ten or twelve years the said Way has lived near this deponent And this deponent further saith that he has been acquainted with Polly Way the widow of the said John Way the applicant for a pension in the papers hereunto annexed, and knows her to have been the wife and to be the widow of the said John Way, And this deponent further saith that the said John Way died on the eighth day of April 1839. and that at the time of his death this deponent lived a near neighbor to the said John Way and continues to reside in the neighborhood with the said Polly Way, that the said Polly Way has been known as well by the name of Mary as that of Polly and that the said names have been promiscuously applied to her by her family and acquaintances - and further this deponent saith not.
Bildad Sherman
Sworn & Subscribed in open Court this 12th day of February 1840.
James C Arnold [illegible] Clk

Allegany County ss. I certify that I am acquainted with Bildad Sherman the above deponent, that he is a credible person and his statements are entitled to credit
Ransom Lloyd, first Judge of Allegany County
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State of New York }
Allegany County } SS
I do certify that the foregoing are the procedings had in open Court of the Court of Common Pleas of Allegany County before the Judges thereof at the Village of Angelica in said County on the 12th day of February one thousand eight hundred and forty- in the matter of Mary Way for a Pension Given under my hand and seal of office this 14th day of February 1840
Saml Van Winkle Clerk
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State of New York }
Chautauqua County } ss
Reuben Landon, Polly Landon and Hannah Williams of said County being severally sworn depose and say that they are acquainted with Mary Way, the widow of John Way deceased, late a pensioner of the United States of America; that they were each and every of them at the marriage of the said Mary to the said John Way, that said marriage took place about fifty years ago as far as these deponents recollect, at Kingsbury in the County of Washington in said State, at an house of these deponents Reuben & Polly Landon - that they were and by Adial Sherwood a Justice of the peace in and for the County of Washington aforesaid, that said Mary's maiden name was Mary Moss
Reuben Landon
Polly Landon
Hannah Williams

Sworn and subscribed Before me this 24th day of August 1839
T. A. Osborne Judge Chau Co. Court

I hereby certify that I am acquainted with each of the deponents above named; that they are persons of good moral character and are entitled to full credit-
T.A. Osborne Judge Chau Co. Court
Page 26

State of New York }
Cayuga County } Ss 
On the 4th day of June 1839 personally appeared before the undersigned a Judge of the County Courts in and for said County Asa Way and Susanna and Way of Venice in the County aforesaid who after being duly sworn according to Law doth on their Oath declare and say, that they were both well acquainted with John Way late a Pensioner of the United States and Polly his wife that they formerly resided in Kingsbury County of Washington & State of New York, and that these deponents both resided at the same time in the Town of Argyle in the Same County and adjoining the said Town of Kingsbury, that they have always understood having frequently heard from the said John Way and wife and also from Adiel Sherwood a Justice of the peace who married the said John Way to Polly Morse there they were married in or about the 1st day of January 1788 at Kingsbury aforesaid - That they have lived lived together as Husband and wife and have raised a large family of children
Asa Way
Susana Way
Sworn and subscribed the day & year first mentioned before me  Wing Taber Judge of Cayuga Co Courts

And I the said Judge do hereby certify that I am
well acquainted with the deponent sand that
they an both creditable persons and that this testimony
is entitled to credit and belief. Wing Taber Judge of Cayuga Co Court
Page 27

New York State
Cayuga County Ss I certify that the Son Wing Taber was on the 4th day of June 1839 one of the Judges of the county courts duly qualified and that the foregoing signature purporting to be his is genuine In Testimony whereof I have hereunto affixed the seal of said County and subscribed my name this Seventh day of June 1839
Geo Warren Foster
Dep Clerk
Page 28

Mary Landon's 
Power of Atty
to
Amos W. Muzzy

her
Mary Way
wid of 
John

Cole

Married 1st Jany 1788
John died 4th Apl. 1839
Mary died 29th June 1842

Angel was Atty

Joseph Way (crossed out)

Angelien
Page 29

POWER OF ATTORNEY
State of Pennsylvania }
COUNTY OF Warren } SS. Know all Men by these Presents, That I, Mary Landon of Pine Grove in said County do hereby authorize, constitute and appoint Amos W. Muzzy of Panama State of New York my true and lawful Attorney to prosecute for me and on my behalf, all and singular, claim or claims, I may have against the General Government of the United States, on account of the service of my Father John Way deceased in the war of the Revolution the said power of Attorney to be irrevocable for the space of three years from the within date; and the said Amos W. Muzzy is hereby authorized to take all necessary and proper steps in the prosecution
of said claim or claims on my behalf.

Witness Whereof, I have hereunto set my hand and seal this 27th day of January 1853
G. W. Taber J. P.
[illegible] Stodard Mary Landon  (L.S.)

State of Pennsylvania }
COUNTY OF Warren } SS. Be it Known, That on the 27th day of January 1853- before the subscriber, a Justice of the Peace in and for said County duly authorized by law to administer oaths, personally appeared Mary Landon above named and acknowledged the foregoing Power of Attorney to be her act and deed.
In Testimony Whereof, I have hereunto set my hand, the day and year last above mentioned
G. W. Taber J.P.

State of Pennsylvania }
COUNTY OF Warren } ss.
I, Rufus P King Rothinetay Clerk of the County and State aforesaid do certify, that G. W. Taber Esquire is now and was at the time of the date of the foregoing, a Justice of the Peace, duly commissioned and qualified to act as such in and for said County; and that the foregoing signature purporting to be his, is genuine.
[illegible] Whereof, I have hereunto set my hand and Official Seal, this twenty Eighth day of January  AD 1853.
Rufus P King
Rothenstay Clerk
Page 30

Power of attorney
care of 
John Way
New York  or
Mary Way

Filed 24th Sept
F E Hassler
Present
Page 31

POWER OF ATTORNEY
For ascertaining whether any increase or arrears of Pension are due the Widow or heirs of Revolutionary Pensioners, &c.

STATE OF New York }
COUNTY of Allegany } Be it known that before me James S. Green - a Justice of the peace personally appeared John Way aged forty years, who being duly cautioned and then sworn in due form of law, states that he is the Son & heir of John Way who was a Revolutionary Soldier & pensioner in the State of New York and that he died on the fourth day of April 1838 and that his mother, named Mary Way died  on the 29th day of June 1842 and that they were in the State of New York and that they resided there about eight years, and that he resides in Angelica Allegany County and that furthermore he BY THESE PRESENTS, constitutes, appoints, and fully empowers and authorizes, irrevocably and with powers of substitution, F. E. HASSLER, of Washington City, D. C., as his true and lawful Attorney for him and in his name and stead, to examine into, to prosecute, to demand, and to receive from the U.S. Government and State officers his rights in all and in any manner of claim for increase or arrears of Pension or Land, that may be due him as heir at law of John & Mary Way who died leaving the same undrawn, as in right of law he may be entitled.

In witness whereof he has on this 20th day September 1852, hereunto signed his name, and affixed his seal.
John Way
Witness: J.S. Green
Witness W. G. Angel
Signed, sealed, acknowledged, and sworn to before me; and I further certify, that John Way
has always by the community been known as the son of the said John & Mary Way
Dated on this 20th day of September 1852.
James S. Greens J. P.

State of New York }
COUNTY of Allegany } to wit:
I hereby certify, That James S. Green Esq before whom the foregoing affidavits and acknowledgment were made, and who has thereunto 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, and that his signative above written is genuine.
In testimony whereof, I have hereunto set my hand and affixed the seal of Allegany County Court this 20th day of September one thousand eight hundred and fifty two
John J Rockafellow Clerk

* If a widow applies state "the date of marriage, and date of death of her husband."
+ State under what act pensioned or which pension commenced, if a pensioner and amount of pension
Page 32

January 21, 1938
xxxxxxxxxxxxxxxx

BA-J/EEL
John Way - R. 11223

Mrs. Louie S . Jones
367 Linden Avenue
Buffalo, New York

Dear Madam:

Reference is made to your letter in which you request the Revolutionary War record of John Way, of Litchfield County, Connecticut, who received a pension on account of his service.

The data which follow were obtained from the papers on file in Revolutionary War pension claim, R.11223, based upon the military service of John Way in that war.

The date and place of birth and names of the parents John Way are not shown.

While residing at Litchfield, Litchfield County, Connecticut, John Way enlisted and served from July 10, 1775, (Taken from state report as it is what sol. gives practically) to December 19, 1775, as a private in Captain Nathaniel Tuttle's Company, Colonel Charles Webb's Connecticut Regiment and marched to Boston:  he stated that before the expiration of his first term of enlistment, He "reenlisted in the company commanded by Captain Eli Kirtland (Could not find a Capt Eli Kirtland in Conn or New York books or in Heitman so [   ] what he said) for the term of three years or during the war" and the regiment "to which Captain Kirtland's Company was attached, he thinks was commanded by Colonel Vanscoick".  He stated further that he continued to serve under Captain Kirtland until the last of January following when he received a furlough to go home for forty days and while at home, was taken sick and did not rejoin the regiment.  After this, he enlisted several times for short periods,  dates of service and names of officers  not given.  In 1780, he served six months in the Quartermaster Department, and in 1781, served nearly a year in Captain John Phelps' Troop of Horse, (found soldier in this service) under General Waterbury in the Connecticut troops.  He stated that he was the engagements at Frog's Neck and Valentine Hill.

He was allowed pension on his application executed October 30, 1832, at which time he was aged seventy-six years and resided in Allen, Allegany County, New York.
Page 33

John Way died in Allegany County, Pennsylvania, April 4, 1839.

The soldier married January 10, 1788 at Kingsbury, Washington County,  New York, Mary or Polly Morse or Moss, date and place of her birth and names of her parents not shown.  They were married at the home of Reuben and Polly Landson in said Kingsbury; no relationship to the soldier or his wife was stated;  in 1839, said Reuben and Polly Landon were residents of Bush, Chautauqua County, New York.

In 1840, the widow Mary, was living in Angelica, New York, aged seventy-one years.  She died June 29, 1842 at said Angelica.
(she made a cl. which was rejected as she was not a widow when the Act was passed)

It was stated that they reared a large family of children, only names given are son John Way, in 1852, aged forty years and a resident of Angelica, New York, and daughter Mary Landon, age not given, in 1853, a resident of Pine Grove, Warren County, Pennsylvania.

In 1828, one Asa Way made affidavit in Cayuga County, New York, and in 1829, one Selah Way made affidavit in Cortland County, New York:  no relationship of either to the soldier, John Way was shown.  In 1839, Asa and Susannah Way lived in Venice, New York, no relationship to soldier shown.
Very truly yours

A. D. HILLER
Executive Assistant
to the Administrator.
Page 34

Comptroller Office
February 25th 1834
I Elisha Phelps Comptroller of Public Accounts of the State of Connecticut, do certify that it appears by an authenticated copy of a payroll of the 5th Co. 7th Regt raised by order of the General Assembly of the Colony of Connecticut July 1775, that John Way served therein as a private from the 10th day of July to the 19th day of December 1775, being five months & nine days. Said company was commanded by Capt. Nathaniel Tuttle, and the regiment by Colo. Charles Webb

That by the roll of the second Connecticut regiment commanded by Col. Zebalon Butler, upon which a settlement was made for services rendered before the year 1780, It appears that John Way served in the continental army as a private from 14th May 1777 to the 25th of March 1778, being ten months & Seven days.
Page 35

(The records of this State show that the General Assembly at their session in November 1780 ordered a corps to be raised, and to serve for defence of Horseneck untill March 1st 1782, and appointed Bazaleel Beebe Lt Col. Comdt & Edwd Shipman Major, & Jabez Fitch Lt of a company of Cavalry annexed to this corps. And in February 1781 this corps was augmented and organized & solicited to the command of a Brigadier General instead of a Colonel)

That the books of the Pay Table show that Brig. Gen. David Waterbury commanded this corp, called a bregade, & that Edward Shipman & Elijah Humphrey served therein as Majors.

That the journal of the Council of Safety shows that on the 25th of January 1781 Jabez Fitch was appointed Captain of a company of one hundred men to serve by land & water de D.

That the Gen. Assembly in November 1780 appointed John Phelps of Lieutenant of Infantry in the above corps; & that I have not been able to find how or when he was transferred to the Cavalry. But I find charged to the United States upon the books of the Pay Table
Page 36

under date August 21st 1782, [  ], "To amount of Lieut. John Phelps payroll his company of Dragoons, Waterbergs Brigade [  ] 2/6  or [   ]
555.9.1.
No roll of Lt. John Phelps' company dragoons has been found, or evidence showing how long they served.

E. Phelps
Page 37

Payment to be made
at New York
 by the [     ] Mechs BK
Agent for paying Pensioners, 
in the Agency of
New York

Recorded in the Pension Office, 
in Book E  Vol.  4
Page 135 by Jno. Cromwell
Clerk.
Page 38

6670
------
4
Application of 
Mary Way for
a Pension.

Marrd 10 Jun 1788
Husb died  4 April
1839

Hon. L. C. Peck
HR
Page 39

WAR DEPARTMENT.
REVOLUTIONARY CLAIM.

I certify that, in conformity with the law of the United State of the 7th June, 1832, John Way of the State of New  York who was a Private of Infantry and Cavalry in the Revolutionary Army is entitled to receive Forty=eight dollars and thirty 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 16th day of April one thousand eight hundred and thirty=four
Lew Cass
Secretary of War.

Examined and}
Countersigned.}
J L Edwards
Commissioner of Pensions.
Page 40

Ho of Re
Feby 25, 1845

Sir
I send herewith the pension papers of Mrs. Mary Way, widow of John Way.
Please communicate with me on this Subject.
Very Respectfully 
Your Obt Servt
LC Peck

Hon J. L. Edwards
Comsr pensions
Page 41

Hon. L. C. Peek
27- Feb - 1840

O C
Page 42

War Department
Pension Office
27 Feb. 1840

Sir,
In reply to your letter of the 25th instant, inclosing the papers of Mary Way, widow of John, an applicant for a pension under the act of July 7, 1838.  I have the honor to inform yo that the claimant not being a widow at the time the act was passed is not is not entitled to a pension under the provisions thereof, her claim is therefore rejected.

Hon. L. C. Peck
House Reps
NY
Page 43

Angelina  Allegany Co., N. Y.
May 17, 1851

Sir,
Several years ago and , I think, about 1840 or 41 or 42, I sent a pension application to the pension office for Mary Way, widow of John Way a revolutionary pensioner.  John Way died April 4, 1839.  The application of the widow, I think, was under the act of f1836, or 1838.  In reply to the application I was informed that it was rejected on the ground that the applicant was not a widow at the time of the passage of the act.  I learned that the constriction put upon the law at the time of the application has been overturned or revised by a late joint resolution of the two houses of Congress.  The widow is now dead & has left several heirs.  I desire that the papers sent maybe examined and if they are sufficient to entitle her to a pension under the present construction of the act, I desire to be informed of the particular proceedings necessary on the part of the heirs to entitle them to the pension their mother ought to have drawn.  A reply to this as early as convenient is respectfully solicited.
Respectfully your
Obt. Sevrt.
W. G. Angel

Commissioner of Pensions
Washington
Page 44

COPY

Aug. 20, 1851

W. G. Angel
Angelica, Allegany Co., N. Y.

Sir:

In reply to your letter of the 17th May last, you are informed that, if Mrs. Mary Way, widow of John, who was a pensioner, was living on the 3rd March last, the date of the passage of the Joint Resolution, referred to by you, she is entitled to a pension from the death of her husband to the date of her death which is payable to her heirs.  Proof of her death and the number and names of her surviving children will be required.

Very t
F.S. E.

(Kirby)
Page 45

Angelica  Allegany Co  N Y 
Nov. 10, 1853

Sir:

Some two or three years since I made application for a revolutionary pension for the heirs of John and Mary Way, the said John Way having been a revolutionary pensioner, not having heard of any decision of the case, one of the heirs employed an advertising agent in the city of Washington to inquire into it.  I think the name of the agent was Haster.  He informed the heirs that the claim was admitted and sent to J. S. Slingerland at East Cobles Hill in this state.  The heirs informed me that they know nothing about Slingerland and that he was never authorized by any of them to take any steps in the matter.  I wrote to Slingerland two months ago asking him for information on the subject. He has not answered me and I apprehend there has been some mistake in relation to the subject or that Slingerland has acted unfairly in the matter.  I desire to be informed whether the claim has been allowed and if it has upon what authority it was sent to Slingerland.  An early reply is respectfully solicited.
Respectfully Your
Obt Servt.
W. G. Angel 

To the Commissioner
of Pensions.
Page 46

W.G. Angel
Nov 26/53
Page 47

372
Pension Office.
26th Nov. 1853

Sir, 

Yours of 10th Nov. 1853 in relation to the claim of Mary Way deceased widow of John of New York, has been received.

This claim has never been allowed. It has been rejected.  The evidence is that John the pensioner died 4th April 1839 and that Mary died 29th June 1842.  As the widow did not survive the passage of the Act 3d March 1851, the claim must remain rejected.

W. G. Angel Esq.
Angelica
Allegany Co.
N. Y.
Page 48

Pension Office,
January 15"  1858.

Sir,

In answer to the enclosed letter of W. G. Angel, Esq., which Jon Lane called my attention.  I have the honor to state that the claim of Mary Way, referred to was rejected - Aug 20 1851 for the reason that she did not survive the passage of the Act of 3 March 1851.

The claim has never been allowed.  Consequently, her children are not entitled to the amount which she might have been entitled to if she had lived until after the passage of the Act aforesaid.

Hon. John Sherman, 
Ho. of Rep.
Page 49

[     ] gone when rec. in Rev. 51812 Wars sect. F

367 Linden Ave.  Buffalo NY
Jan 8, 1938

Veterans Administration
Washington D. C.      C J

If John Way of Litchfield Co  Conn was allowed pension for service in Revolutionary War, will you kindly send me data contained in his papers.
Thanking you for your attention.
Very truly yours,
Mrs Louie S. Jones

RECEIVED 
JAN 11 1938
MAIL SUB - DIV
VETS ADM 
READER # 8
Page 50

REJECTED

11223
P.O.   
Mary Way
Service:  John

Printed list of 1852
shows cause of rejection
"Not a widow at the date of the act."
Widow died before passage - Act 3 March 1851

1938 - Jan 21 - Hist
to Mrs Louie S. Jones  - EL
Page 51

N. York 
May 7, '38
Mary Way
-----------
let to Hon. L. C. Peek  27 Feb 184[ ]
Let W. G Angel  Aug 20/57.

W. G. Angel  26th Nov. 1853
Hon. Jno Sherman  Jan 15/58
Rejected

11223

John died 4th April 1839.
Mary died 29th June 1842.
widow died before passage
Act 3d March 1851.

Act July 1838