Revolutionary War Pension and Bounty Land Warrant Application File R. 1567, Joseph Byers, Penn.
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(3-1776)   NUMBER
Penn.       Byers, Joseph       R.  1567
Byars

CONTENTS
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and Augusta County-Virginia, to wit:

On this day of October personally appeared in open Court
ad [illegible] Jos. Byers
Marked Nov. 17
(stamp STAUNTON NOV 15)

J.L. Edwards Esqr.
Commissioner of Pensions
Washington City 

(stamp FREE)

Jos Byers Pa. addl.


Jefferson Kinney [illegible]
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State of  Virginia
Augusta County to wit:

On this 27th day of October 1834 personally appeared in open Court before the Justices of Augusta County now sitting, the same identical Joseph Byers who made a Declaration for a Pension  in this Court on the 25th day of August last which has been forwarded to the Department of War-and as supplementary and amendatory of his said Declaration, makes the following, to wit.
That he entered the service as a Waggoner with his Team on the 9th of September 1777 under his brother Robert Byars, who was Waggon Master of the "Spare Ammunition-Waggon's belonging to the Pack of Artillery commanded by Col. Proctor and Gen. Knox-This Declarant went to the Army at the request of his said Brother with his team-Then engaged for not specific period of time but served for the time and in the manner stated in Declaration of the 25th of August last, and received 20 Shillings per day for his services-He received the appointment of Assistant Waggon Master in the Spring of 1778 from Major Turner (having just previously sold his team for the Public use) and served in that capacity for  9 months at least at 30 dollars per month as his pay-Then he received the appointment of Waggon Master from the Waggon Master General-Hiltzhammer of Philadelphia and served as such he thinks for the term of 3 months
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for which the rate of pay was $40 dolz per month-He knows that the time of his service as Waggon Master and as Assistant together was one year at least and he thinks the respective times were 9 months and three months as stated-
At the close of his tour of service as stated in his said declaration, being afflicted with the small-pox he was verbally discharged and sent home by Maj. Turner who was an assistant under the said Waggon Master general of Philadelphia and ranked as Major-
This declarant would suggest that the services he performed and which he has stated were as important, as arduous as perilous as those of a soldier in the line.  That he was subject to all the regulations of the Department of service to which he belonged and to the command of the officers, as a regularly organized department of the Army-that he served as stated for 2 years and 5 months and that according to the spirit and to the fair, liberal construction of the Act of Congress he is entitled to receive the bounty of the Government as some support to his old age equally with his fellow soldiers who service those of the then army only of a similar character and conducive to the same end.
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His services and the respective times thereof he can venture to say [illegible] the lapse of years since is great and his memory [illegible] impaired are summarily as following-[illegible]
As a Waggoner with his team engaged by his Brother Robert Byars at 20 shillings per day his rate of pay---------8 months as an Assistant Waggonmaster appointed by Major Turner Rate of pay $30 per month--------9 months
As Waggon Master appointed by Hiltzhammer, Waggonmaster general, Rate of pay $40 per month__________3_months
He knows he served 9 months more making altogether in this tour 2 years and 5 months but he does not remember distinctly, in which of the above payes, he is inclined to believe in the 2 last mentioned, but cannot assert it positively.  He is therefore willing to put that time in the first and lowest grade as a Waggoner with his team_____9 mmonths as a drafted Militia man (his 2nd tour as stated in his first said Declaration)______1 month 
Sworn to and subscribed in open Court this 27th day of October 1834.-
Joseph Byers
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Virginia to Wit.
I Jefferson Kinney Clerk of the County Court of Augusta in the State aforesaid, do hereby Certify that the foregoing contains the original proceedings of said Court in the matter of the amended application of Joseph Byers for a pension.
In Testimony whereof I have hereunto set my hand and affixed my seal of office this 14th day of November 1834 and in the 59th year of the Commonwealth
Jefferson Kinney CaC

for Byers Va.
aaal

FREE

Esqr
Commissioner of Pensions
Washington Ctiy
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State of Virginia, Augusta County, to wit:
On this 25th day of August 1834, personally appeared in open Court before the Justices of Augusta County now sitting, Joseph Byars a resident of said County and State, aged 73 years this 12th day of [illegible] September, 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 7, 1832-
That he entered the Army of the United States as a Waggoner in the year 1777 on the 9th day of September a few days preceding the Battle  of Brandywine under [illegible] command of Robert Byar Waggon Master who commanded 12 waggons and under the command of Maj. Turner who commanded the whole number of the  [illegible] ammunition Waggons [illegible] to about or these ammunition Waggons with their Waggoner's where attached to the Park of Artillery under the command of Col. Proctor and Genl. Knox- The whole Army under the command of Genl. Washington-At the time he entered the Army as above stated this Declarant resided in Chester County Pennsylvania within 21 miles of Philadelphia on Brandywine Creek where he was born-the Army at the time he joined it as above stated encamped at Dewith Town about 4 or 5 miles from the Battle ground of Brandywine-
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During the Battle of BrandyWine this Declarant was with his Waggon a short distance from the Battle ground when under the command of a Sergeant he was stationed and ammunition served out out of his Waggon to supply the men in fight-In the evening of the said Battle this Declarant retreated with the Army to the Commons of Philadelphia-Thence proceeded to White Marsh Church-There the Army remained till the day of the Battle of Germantown when the army marched thence to that Battle and this Declarant with his ammunition Waggon with them to a place near the ground of the action-Either in the Autumn of '77 or in the spring of '78 this Declarant went with a regiment or two; and a number of ammunition Waggons to Warwick Furnace under the command of Maj. Turner [illegible] to dry the ammunition, remained there a short time and returned to the main army-In the winter of 1777 he was with the army in winter quarters of Valley Forge-The next spring of 1778 he went with the army into the Jerseys and thence to the Highlands of New York-Thence this Declarant was ordered to proceed to Lancaster Pennsylvania to press Waggons and bring shoes and clothing to the Army which service he performed and joined the Army again on [illegible] [illegible]. Thence went to Philadelphia
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with the Pay-Role to draw the pay for the Waggons [sic] he had foresaid, which pay he drew from the Waggon Master General Helbzhammer of Philadelphia __ Returned to the Army went with it to Fishkill _ Peach Kill _ Kings Ferry on the North River etC,__Lay at Raniafauss Church where Major Audu was hung about a half a mile from said Church on the North River --
In the Spring of 1778 he was appointed assistant Waggon master ----[illegible] remained with the Army marching to various places in Newyork till the spring of 1779 when being afflicted with the Small pox he was sent Home having remained in the army & attached to it^|on this tour| 2 years & how many  months he cannot precisely say but knows it was at least 5 months _ In the Autumn of 1779 this Declarant was draughted & entered the army ^ |again| under the command of James McCleur Capt Maj.Culberson_ Col. Gardner _ Rendezvoused on Brandy Wine Creek in Chester County.  Marched thence to Philadelphia _ Then on to Trenton. halted for farther [sic] orders _ when [next word crossed out] ^|those orders| arrived the companies were all discharged & went home _Declarant having been on this tour 1 month -- He received at no time any written discharges --
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He remained at the place of his nativity 2 or three years after the ware - then came to Berkley City, Michigan remaining there for some time (?) to Augusta * again returned to Berkley - became a wagonner * drive about from place to place for about 4 years - then came to Augusta in the year 1791 - lived in this county 6 or 7 years - went back to Pennsylvania & remained some years - returned to Frederick County Virginia - thence to August about 7 years ago where he has resided ever since - 

Declarant was born in Chester County Pennsylvania on the 9th of September 1761 - as he was remembering from the record of his age in his father's family bible, now i nPennsulvania he supposes.  He knows of no person living by whom he can prove his service, but refers to John Nichol & James Campbell of this County where he is well known as to his character for truch* integrity & their believe of his reolutionary services - he hereby reliquishes ever claim whatever to a prnsion or annuity except the foresaid * declaims that his name is not on the pension role of the agency of any state - sworn & subscribed this day & year aforesaid - 

Joseph Byers
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Joseph Byers
VA
Sisod (?)  Act "1832".


SM Knight
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State of Virginia
County of Augusta

Be it know, that on this ninth day of December A.D. 1852 before me the undersigned, a Justice of the Peace, in and for the County and State aforesaid, personnaly appeared James Byers and Samuel C Byers resident of (near) Staunton in said County, and mde oath according to law that Joseph Byers who was a Soldier in the war of the Revolution, and who has heretofore made application for the benefit of the Peniosn Act of ...
That they are directly interested as a claimant in said Pension and make this affadavit to be filed with such additional evidence or argumants as their Agent may use in prosecuting said claim.

Countermanding and revoking all Powers of Attorney and authority herinfore given we hereby consititue and appoint Samuel M. Knight, of Washington City our true and lawful atorney to prosecute the claim of Joseph Buers for any amount of Revolutionary Pension, or increase of Pension that may be due;  and we hereby authorize our said Attorney to examine all papers or documents in relation to said claim, on file in the Department at Washington City or elsewhere, to file additional avidence or arguments, and to receive for our exclusive benefit, the certificate which may be issued for said claim, which certificate we wish made payable at the Washington City, D. C. Agency; to appoint one or more substitutes under him for the purpose herein expressed, and to do all things that we might or could do where we personally present.  Hereby ratifying and confirming all that our said Attorney and Agent shall lawfully do in the premises.

James Byers
Samuel C. Byers

Sworn to, subscribed, and acknowledged before me this day and year above written, and I hereby certify that I believe the said James Byers & Samuel C Byers to be directly interested in said claim as set forth, and to be the identical party therein alleged.

GM Cochran, GP

State of Virginia
County of Augusta

It is hereby certified, that satisfactory evidence has been exhibited before me, Deputy Clerk of the Court of Augusta County Virginia that James Byers & Samuel C. Byers the party who have sworn to, and acknowledged the foregoing Declaration and Power of Attorney are the children of the reputed soldier aforesaid.  I further certify, that GM Cochran Esq. before whom the preceding affidavit and Power of Attorney were made and acknowledged, was, at the time of so doing, a Justice of the Peace, in and for said County, and that the signature purportin gto be his, I believe to be genuine.

In Testimony Whereof, I have hereunto set me hand and affixed my seal of office, this Ninth day of December 1852,

Wm. D Trout DC AC
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October 3, 1929

Mrs. R.W. Hutson
19 Greenhill
Charleston, South Carolina

Dear Madam:
I advise you from the papers in the Revolutionary War pension claim R.1567  (underlined) it appears that Joseph Byers (underlined) was born September 12, 1761 on Brandywine Creek, Chester County, Pennsylvania.
He applied for pension August 25, 1834 while living in Augusta County, Virginia and stated that while living in his native place he enlisted September 9, 1777 as a wagoner under his brother Robert Byers, Wagonmaster, and Wagonmaster General Hiltzhammer, and served as such until the spring of 1778 when he was appointed Assistant Wagonmaster, and later Wagonmaster by Wagonmaster General Hiltzhammer and served to the spring of 1779, and that he also served one month as a private in Captain James McClure's Pennsylvania Company under Colonel Gardner.
His claim was not allowed as he failed to furnished proof of the alleged service as required by the pension laws.
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His son James and Samuel C. Byers were residents of Augusta County (near Staunton), Virginia in 1852.
There are no further data as to his family.
The above noted is the only soldier named Joseph Byers found on the Revolutionary War records of this bureau.
Very truly yours,
EARL D. CHURCH
Commissioner.
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Jefferson Kinney
26 Nov. 1834
O.C.
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Department of War
Pension Office
Nov. 26, 1834
Sir,
I have received the supplemental declaration of Joseph Byers, who claims a pension for service as wagoner during the war of the revolution, under the Act of June 7, 1842.
The whole of his alleged service appears to have been performed previous to the creating of the corps in which he claims to have served. The men are regularly enlisted, and the wagon master duly commissioned under the continental establishment. However, he had failed such any error as to the period of his service. I may be corrected - Proof, however, will be required of his enlistment and service, and his subsequent appointment as Wagon Master, by the testimony of credible witnesses or by documentary evidence, before any favorable decision can be had in the case.
The papers still remain on file.
Jefferson Kinney, Esq.
Clerk of Augusta County
Scranton, PA
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Jefferson Kinney
16 Sept 1834
O C
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War Dept
P.O.
Sep 16,1836
Sir
When Joseph Byers shall make a supplemental
declaration stating whether he enlisted as a waggoner, and if so for what term of service,
before whom he was mustered, what County and what monthly rate of pay be received & when and under what circumstances he was
discharged, this statement shall be reviewed here, a decision will be formed upon
his case. He alleges that he was appointed
an assistant wagon master, as that rank is
unknown to this Department. He must know himself and by whom he was so appointed, what his rate of pay and what were his duties.
In the meantime, his present paper remains on 
file.
Jefferson Kinney, Esq
Clerk of Augusta Co.
Scranton, PA
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Pension Office
June 18 1855
Sir
Joseph Byars of Virginia declared he served over two years as a wagoner, as assistant Wagon Master and as Wagon Master in Pa, but failed to show by any kind of testimony that he ever served a day in any capacity.
S.M. Knight, Esq
Present
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Washington D.C
June 14,1855
Hon. Com[missioner] of Pensions
Sir
Enclosing herewith Power of Atty from James & Samuel C., surviving children of Joseph C Byers, decd. I desire respectfully to be informed as to the present condition of decedent claims for Revolutionary Pension 
under Act 7th June 1832. (State of Virginia)
A supplemented statement made by Joseph C
Byers on the 27 Oct 1854 seems to meet the requirements of the Department as contained
in a letter to Jefferson Kinney Esq under date 
16 September previses - since which period there appears to have been no further action taken by the Department in the case.
Very Respectfully
Your Obd serv.
S.M. Knight
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1929 Oct 3 Hist C Nero R.W.
hutson - Mrs. Finch's letter copied away

1567

P.O. Joseph Byars

Service:

Enlisted: , 18
Discharged: , 18

Application: , 18

Alleges:  The printed list of 1852 gives as cause of suspension:

Re-enlisted:  "Claims to have been an assistant wagon-master.  His authority and pay and dutes must be ...  to prove, as his rank is unknown to the department".

P.O.

Recognized.   Contract.
Cert. of Dis.    Searched for . 18.


:
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Joseph Byars

Va Ins 1832

Hon. L. P. Waldo

Comm. of Pensions

Presented
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No-
Joseph Byars-
Virginia
Suspended
Jefferson Kinney
16 Sept 1834
26 Ave  Saints
S.M. Knight June 18, 1863
1567
Act 7 June - 1832
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Jos.  Byars - 
Va 31.985
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We, John Noichol and James Campbell do hereby certify that we are well acquainted with Joseph Byars who has subscribed services to the foregoing Declaration - that he is a man of excellent character for veracity - that we believe him to be about 78 years of age - that the Declared several years since perhaps or more frequently spoke of his services as a soldier of the Revolution - that we concur in the opinion that he was a soldier of the revolution and believe that he served as in his Declaration he has stated - Sworn & subsscribed the day and year aforesaid - 

John Nichol
James Campbell

And the said court do hereby declare their opinion, after the investigation of the matter & after putting the interrogatories prescribed by the Ware Declaration and that the said appicsation Joseph Byar was a revolutionary soldier & served as he states - And the court further certify that it appears to them that John Nichol and James Campbell who have signed the preceding certificate are residents of Augusta county are credible persons, & that their statement is entitled to credit -
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Virginia to 16th:

I Jefferson Kinney Clerk of the County Court of Augusta iun the State aforesaid, do hereby certify that the foregoing contains the original proceedings of the said court in the matter of the  application of Joseph Byars for a pension.

In testimany whereof I have herunto set my hand and affixed my seal of the office this 9th day of September 1834 and in the 59th year of the Commonwealth.

Jefferson Kinney C.a.C.
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Stamp Enclosed

Charleston, S.C.
July 15, 1929

Commission of Pensions,
Washington, D.C.

Dear Sir:

I have been advised to write to you to obtain some data I am anxious of finding.  Will you please search your files for Revolution military service and any family details conderning these three men?

1. William Jenkins (children known of - John (b 1781 - Isaac b. 1784 - Elizabeth or Mary) who lived in Washington Co. Penn.  Late in life he may have moved to western part of Virginia.

2. Joseph Byrne - daughter Mary married Jacob Coiner) who was living in Augusta Co., Va in 1795.

3. Joseph Corey or Cory - lived in Shenandoah Valley, probably in Hampshire co. Va.

Any informaiton of a personal or of service nature will be very much appreciated.

Yours truly

(Mrs. R.H.) M. J. Hutson
19 Greenhill
Charleston, S.C.

U.S. Pension Office
Jul 17 1929
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154 E. HIGH STREET
LONDON, OHIO.

January 5, 1925

Pension Bureau,
Washington D.C.

Dear Sirs-
Will you please send me the record of the pension of Joseph Byers, 1834?
Thanking you for your trouble, I am
Yours truly,
Dorothy Fisher
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Rev. and 1812 Wars Section       MMHS

January 24, 1925

Dorothy Fisher
154 East High St.,
London, Ohio.

Madam:
I have to advise you that from the papers in the Revolutionary War pension claim R. 1567 it appears that Joseph Byers was born September 12, 1761 on Brandywine Creek, Chester County, Pennsylvania.
He applied for pension August 25, 1834 while living in Augusta County, Virginia and stated that while living in his native place he enlisted September 9, 1777 as a wagoner under his brother Robert Byers, Wagon-master, and Wagon Master General Hiltzhammer, and served as such until the spring of 1778 when he was appointed Assistant Wagonmaster, and later Wagonmaster by Wagonmaster General Hiltzhammer and served to the spring of 1779, and that he also served one month as a private in Captain James McClure's Pennsylvania Company under Colonel Gardner.
His claim was not allowed as he failed to furnish proof of the alleged service as required by the pension laws.
His sons James and Samuel C. Byers were residents
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of Augusta County (near Staunton), Virginia in  1852. 
There is no further data on file as to his family.  The above noted is the only soldier named Joseph Byers found on the Revolutionary War records of this Bureau.
Respectfully,

Acting Commissioner.

Miss Wilson paid not use
Major Turner or Col. Proctor and pay Capt. Jas McC's Pa. (underlined.) under (underlined) Col. Gardner