Revolutionary War Pension and Bounty Land Warrant Application File S. 22.338, for Ozias Johnson, Massachusetts
Page 1

(8-1776)
Service
Continental, Mass. 
Johnson, Ozias
Number S. 22,338
Contents
Page 2

Ozias Johnson of Rutland in the State of Vermont who was a private in the company commanded by Captain Norton of the Regiment commanded by Colonel Ashley in the Massachusetts line for 12 months. 
Inscribed on the Roll of Vermont at the rate of 40 dollars -- cents per annum to commence on the 4th day of March, 1831.
Certificate of Pension issued the 25th day of May [illegible] and sent ins. Kellogg Benson Vt. 
Arrears to the 4th of March '33 - $80
Semi-anl allowance ending 4 Sept. - $20
$100
Revolutionary Claim, Act of June 7, 1832
Recorded by Com. Miller Clerk
Book E  Vol. 3  Page 71
Page 3

Annuity as a private for 12 mo. $40.00
Page 4

11,300
Brief in the case of Ozias Johnson County of Rutland in the state of Vermont
(Act of June, 1839)
1. Was the declaration made before a Court or Judge? Open Court.
2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?
3. How old is he? 74 years.
4.State his service, ad directed in the form annexed. 
Period - Duration of Service - Rank - Names of General Field Officers under whom he served.
Summoned in 1776 - 28 Days - As a Private - under Gen Gates and [illegible] Captain [illegible] Col [illegible]?
July 1777 - 42 Days -  As a Private - Under Captain [illegible] Colonel Ashley's Reg
May 1778 - Discharged March 1779 -
9 months - Private - under Colonel Jackson and Colonel Brooks [illegible] 
1781 or 1782 - about 3 or 4 weeks, 21 days - as a private in Captain Clarke Company [illegible]
5. In what battles was he engaged?  A small battle with General Burgoyne's army
6. Where did he reside when he entered the service? At Williamstown, Massachusetts
7. Is his statement supported by living witnesses, by documentary proof, by tratitionary evidence, by incidental evidence, or by the rolls?  2nd 3 and 4th term by one witness. And the [illegible] from any evidence of others.  One a clergy and certified to be a credible person. 
8. Are the papers defective as to from or authentication? and if so, in what respect? Correct. 
I certify that the foregoing statement and the answers agree with the evidence in the case above mentioned. 
E. Stephens
Examining Clerk.
Page 5

Ozias Johnson
Page 6

State of Vermont
Rutland County, ss.
On this tenth day of August A.D. 1832, personally appeared in open Court before the Judge of the probate.  Court of Fairhaven district now sitting, Ozias Johnson a resident of the County of Rutland and State of Vermont, aged 74 years who being first duly sworn according to law, doth on his oath make the following declaration, in order to obtain the benefit of the act of Congress, passed June 7, 1832.
That he entered the service of the United States under the following named officers, and served as herein stated.  That in the summer of 1776 he volunteered and entered the service of the United States as a militia man under Captain Smedlay.  Jude Williams was a Lieutenant in the same company. That he then resided in Williamstown county of Berkshire, and state of Massachusetts.  That he was out at this time four weeks.  That he went from Williamstown to Castleton Vermont.  That he has no documentary evidence, and that he  knows of no person whose testimony he can procure to prove the above service. 
That the fore part of July 1777, he again volunteered and entered the service of the United States as a militia man at Williamstown aforesaid, and was attached to Captain Nortons company, Jude Williams Lieutenant, Col Ashley commanded the regiment to which he was attached.  Major Lusk and Major Hyde were field officers in the same Regiment.  He was out six weeks on this tour.  He resided at Williamston when he volunteered  this time.  He marched to Fort George on Lake George.  The fort was blown up by order of the commanding officers the same day he arrived.  Then they were pursued by the British under General Burgoyne, and retreated to Fort Edward. Burgoyne pursued the Americans, and the business  of the American Army was to obstruct his advance by taking up bridges, felling trees, and placing all impediments in his way.  At Kingsbury, now called Sandy Hills, New York, they had a small battle with Burgoyne's army. Eight of our men were killed.  Then they retreated to Stillwater, and the militia were there dismissed about the middle of August.  During this last campaign, Geereal [illegible]  commanded a brigade.  General Gates had the chief command as I understood. 
That in the month of May 1778 he enlisted into the continental army, and was immediately marched to West Point, New York.  The name of the officer who enlisted him, he does not recollect.  He enlisted for nine months.  When he arrived at West Point he was attached to Captain Wiley's company, Col Jackson's Regiment. Lieut. Col. Brooks and Major William Hull were field officers in the same regiment.  After being at West Point for or six weeks, he with the other troops were marched to White Plains, and remained there, as he thinks, about two months and from there was marched to Danbury in Connecticut.  Was there about five weeks and from there was marched to Hartford in Connecticut.  Was there about three weeks and from there was marched to Poughkeepsie, New York.  After arriving at Poughkeepsie, he was detached under Col. Aaron Burr, and sent in a regiment to White Plains to guard the line through the winter.  At this time he was attached to a company commanded by Captain Brown.  He was at White Plains until about the last of February 1779.  And then was with the other troops, ordered back to the highlands opposite West Point.  And was reattached from the company and regiment from which he had been detached, and remained there until the fore part of March 1779 when he received a regular written discharge from the commanding officer of the post.  That he has no recollection concerning what became of the discharge or that he has ever seen it since the year of 1779.  According to his best recollection in the year of 1782 (possibly it might have been 1781) he volunteered in the militia service at Williamstown aforesaid, under Captain Clark and was marched from there to
Page 7

Hubbardton, Vermont for the purpose of driving away Indians (or killing them) and was out on this tour about three or four weeks.  At the time of this last volunteering, he resided in said Williamstown.
 This applicant recollects Genl. Poor commanded New Hampshire forces while he was in the service. Colonel Cilley commanded a Regiment in General Poor's brigade.  That he knew General Patterson, Colonel Putnam, General Washington, General Gates, General Schuyler, and General Arnold, afterwards a traitor.  That one general circumstances in relation to his services, which he recollects, is that he was paid in continental money sixty dollars, or near that sum, and he could not buy a bushel of wheat with it.  
That he was born in Middletown in Connecticut, April 21st, 1758.  My age is recorded in my bible.  That he lived in Williamstown when called into the service set forth in his declaration. Have lived in Benson, Vermont where he now lives forty seven years.  That he volunteered his service herein before stated never served as a substitute.  He received a written discharge at the close of my service in the army but lave lost it.  The he recollects officers whose name he has stated. He names Revd. Dan Kent and John Kellogg who will testify as their belief of my 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 the State.  
Sworn to and subscribed the day and year aforesaid.  
Oziah Johnson
We Dan Kent, a clergyman residing in Benson [illegible] and John Kellogg residing in the same place, hereby certify, that we are well acquainted with Oziah Johnson who has subscribed and sworn to the above declaration; that we believe him to be 74 years of age; that he is reputed and believed in the neighbourhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion. 
Sworn and subscribed the day and year aforesaid.
Dan Kent
John Kellogg
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 Dan Kent who has signed the preceding certificate, is a Clergyman, resident in Benson [illegible] and that John Kellogg who has also signed the same, is a resident on the same Benson and is a credible person, and that their statement is entitled to credit.  
I S. H. Merrill Clerk of the Court of Probates aforesaid do hereby certify, that the foregoing contains the original proceedings of the said Court in the matter of the application of Oziah Johnson
In testimony whereof, I have hereunto set my hand and seal of office this 10th day of August A.D. 1832.
S. H. Merrill
Page 8

Rev. and 1812 War Section.
November 4, 1925.

William E. Johnson
1813 Farmington Ave.
West Hartford, Conn.

Sir: 
I have to advise you from the papers in the
Revolutionary War pension claim, S. 22338, it appears that Ozias Johnson was born April 21, 1758 at Middletown, Connecticut.
While residing at Williamstown, Berkshire
County, Massachusetts, he enlisted in the summer of 1778 and served four weeks as a private in Captain Smedley's Massachusetts Company.
He enlisted in July 1777 and served six weeks
as private in Captain Norton's Company, Colonel Ashley's Massachusetts Regiment, and was in an engagement at Kingsbury, New York.
He enlisted in May 1778 and was in Captain
Wiley's Company, Colonel Jackson's Massachusetts Regiment, during the winter he was detached and served under Captain Brown and Colonel Aaron Burr, and
Page 9

served until in March 1779.
In 1781 or 1782, he served three or four weeks
in Captain Clark's Company.
He was allowed pension on his application executed August 10, 1832, while a resident of Benson, Rutland County, Vermont.
There is no data on file as to his family.
Respectfully,
WINFIELD SCOTT
Commissioner.
Page 10

Revolution
22338
Invalid
File No. 22,338
Ozias Johnson
Pri. Rev. War
Act: June 7th 82
Index: Vol 2, Page 211
[illegible] March 24 Hist to Hon. F. H. 
[illegible] [illegible] S. 10919 Stephen Johnson.
1925 Nov 4 Nist William E. Johnson
1927 Feb 26 Hist to Mrs [illegible] H. [illegible] see her lett in [illegible] Dickinson. Aut.
Page 11

J. W. Kellogg Benson, VT
Page 12

11.300
BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of
Ozias Johnson which require further proof or explanation.
I. Does the declaration show where the applicant resides?

II. Did the declarant make the declaration in the county where he resides?

III. If the applicant did not make the declaration in the county where he resides, is there any reason assigned for his not doing so?

IV. Has the declarant mentioned the period or periods of the war when he served?

V. Has he mentioned with precision the length of his service, and the different grades in which he served, in language so definite as to enable the department to determine to what amount of pension he is entitled? - NO

VI. Has he given the names of the officers under whom he served, in conformity with the regulations?

VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832?

VIII. has the Court given their opinion?
in the

IX. Has the Clerk given his certificate?

X. Is the Clerk's seal affixed? And if so, has it a device or inscription by which it can be distinguished from any other seal?
Page 13

XI. Has the applicant obtained the residence of a clergyman and another respectable citizen as to their belief respecting his age and the general belief in this neighborhood relative to his revolutionary service?

XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it?

XIII. If the applicant has no documentary evidence, and has not obtained the testimony of at least one living witness, has he stated in his declaration that such proof cannot be had?

XIV. If the applicant's name is not found on the rolls of military service, has he produced a witness or witnesses as to his service? Not all his service.
If he has produced direct proof as to service, has the magistrate who administered the oath, certified to the credibility of the witness or witnesses?
Has the proper officer certified to the official character and signature of the magistrate as the
regulations direct?

XV. Does it appear from any of the papers that the witness was in such a situation, or of such an age, as to have a personal knowledge of the applicant's service?

XVI. Are the papers authenticated as the regulations direct?

XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered?

EXPLANATORY NOTES.
QUERE V. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he
cannot swear positively as to the precise length of his service, but according to the best of his recollection he served not less than the periods mentioned below, and in the following grades; For - year - months, and - days, I served as a Forand
days, I served as a - For - months and - days, I served as a - ; and for such service I claim a pension.
Page 14

It is important in all cases to determine with precision the period for which each applicant served and the particular rank held as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state they served two years in the militia, &c. without specifying the tours; the names of the
officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must in every case be clearly 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.
QUERE XIV. Proof of Service.
In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses, who are required to set forth in their affidavits the time of the claimants entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate
must be certified by the proper officer, under his seal of office.

QUERE XVI. Mode of authenticating papers
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other paper authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly
attached to the certificate.

In every case where the clerk of the court, or other certifying officer, has no public seal of
office, the certificate of a member of congress, proving the official character and signature of the certifying officer, should accompany the papers.
Page 15

John Dunning 
aff.
O. Johnson case
Page 16

I John Dunning of Hubbardton in the county of Rutland, Vermont of lawful age testify and say I am knowing that Ozias Johnson of Benson in said county who has this day made his declaration for the purpose of obtaining a pension, enlisted into the continental army for nine months in the spring of 1778 and that he entered the service.  I knew he was absent and said to be in the continental army and I have no doubt that he served out said enlistment.
and [illegible] [illegible] say not. 
Subscribed and sworn to August 10, 1832
Before Me. 
John Dunning
Almon Warner Justice of the Peace
State of Vermont
Rutland County
I Robert Pierpoint Clerk of the County court for the county of Rutland do certify that Almon Warner Esq. is a justice of the peace for said county duly commissioned and that his above signature is his handwriting. 
In testimony [illegible] I have hereunder set my hand and affixed the seal of said court of Rutland this 8th day of September, A.D. 1832
R. Pierpoint
Page 17

Ozias Johnson
S. Dunning
aff.
Page 18

I Stephen Dunning of Malone in the county of Franklin and state of New York of lawful age testify and say that during the war of the revolution I was acquainted with Ozias Johnson then of Williamstown Berkshire County Massachusetts now of Benson in the county of Rutland Vermont.  That said Ozias Johnson and myself volunteered and enlisted the service of the United States as militia men about the first July 1777. And that he was in Captain Norton's company with me from that time to the time of the Bennington Battle 16th August 1777.  I also know that the said Ozias Johnson enlisted in the nine months service in 1778 in the spring.  In October same year, I saw said Johnson in the service at Danbury Connecticut.  We both belonged to said Williamstown.  I think said Johnson returned to Williamstown early in the spring of 1779 and I have no doubt that said Ozias Johnson served nine months in the continental army under said enlistment.  I also know of said Johnson serving in the militia a short tour to Hubbardton of about three weeks in militia service under Captain Clark and further the deponent saith not.  
Stephen Dunning
State of Vermont Rutland July 11, 1832.  When the above affidavit was subscribed and sworn to before me.
Isaac Griswald Justice of the Peace
I certify that the above named Stephen Dunning is a credible witness. 
Isaac Griswald Justice of the Peace
Page 19

State of Vermont
Rutland County
I Robert Pierpoint Clerk of the county court for the county of Rutland do certify that Isaac Griswold Esq is a Justice of the peace for said county, duly commissioned and that the signature to the written certificate is his handwriting. 
In testimony so heard I have hereunto set my hand and affixed the seal of said court at Rutland this 8th September, A.D. 1832
R. Pierpoint
Page 20

1013 Farmington Ave.,
West Hartford, Conn.
Oct. 2, 1925.
Department of the Interior,
Bureau of Pensions,
Washington, D. C.
Honorable Commissioner:
Will you kindly furnish me with such data as your Department may have relating to the
Revolutionary War service of Ozias Johnson, who enlisted as private in the Mass. Militia, probably from Williamstown, and was pensioned in 1833 while living in Rutland
Co., Vermont.

Respectfully,
W. E. Johnson
William E. Johnson.