Revolutionary War Pension and Bounty Land Warrant Application File S 19186, James Austin, Conn. New York R.I.

Page 1

Conn. 
New York
R.I.

Austin James                           S19186

carded

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Revy war
1555
Vermont

James Austin, Private
Conn & R. I.
[illegible] Jun. 20, 1910
Captain [blank] company of the Revolutionary Army

Ratio of disability, Total
Date of discharge, [blank]
Time of closing the testimony, 29 Sept 1 

Inscribed on the Roll of Vermont
at Eight dollars per month, to commence on 29th of September [illegible]

Certificate of pension issued on the 12 of Nov 1831 and sent to John Gove Esq.
Rutland Vt

Arrears to 4th March 1832 $41.5
Sem-an'l all'e ending
$41.5
[double underline]

Acts of the 10 April 1806 & Ma [illegible]

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Original Claim.
United States.
Vermont District, 88.

I Elijah Paine Judge of the District Court of the United States of America for the Vermont District District, by Authority of an act of Congress, passed the 24th day of May, 1828, entitled "An act to revive and continue in force an 'Act to provide for persons who were disabled by known wounds received in the Revolutionary War, and for other purposes," do hereby especially authorize and commission Benjamin H. Smalley of the county of Franklin and district of Vermont to take all evidence pursuant to the rules and regulations of the said act, for substantiating the claim of James Austin of the town of Highgate in the county of Franklin and district of Vermont to be placed on the Pension List of the United States, by reason of known wounds received in said war, or since, (as prescribed in the fourth section of "An act concerning invalid pensioners," passed the 25th of April, 1808,) while in the actual service of the United States, and in the line of his duty. And when the same shall be completed, to return the evidence, affidavits, certificates, and when the same shall be completed, to return the evidence, affidavits, certificates, and proceedings had hereupon, together with this commission, to the Secretary, for the Department of War.
Given under my hand and seal, at Williamtown the fourteenth day of January in the year one thousand eight hundred and thirtyone.
Elijah Paine

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Increase of Pension.
United States.
District, 88.
To Doctor
of and
Doctor of
in 
said district.
Pursuant to an act of Congress of the United States, passed the 24th of May, 1828, entitled "An act to revive and continue in force 'An act to provide for persons who were disabled by known wounds received in the Revolutionary War, and for other purposes;" you are hereby appointed and authorized to examine
who is incribed on the Pension List of the United States, and is claimant for an increase of pension, conformably to the 5th section of the act of the 10th of April, 1806, revived as aforesaid; and you are to report, in writing, and on the oath or affirmation, your opinion of the nature of his disability, and in what degree it prevents him from obtaining a subsistence by manual labor; and in your proceedings in the premises you are to be regulated and governed by said act.
Given under my hand and seal, at
this day of
in the year one thousand eight hundred and

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H. Polsons Deposition
I Hannah Polson age 78 years of Polton in
the Province of Lower Canada do testify &
say that my Brother James Austin now of
Highgate in the County of [Franklin?] and State
of Vermont was a soldier in the American Army
some part of the time during the Revolutionary
War, that the way on the Lake Champlain
& I was there informed under the Command of
General Arnold before the [Fernander of Bangocu?]
that some time the winter of 1777 the said James
was brought to Richmond in the State of Rhode.
Island by my father Joseph Austin wounded
in the sholder ^ and legs which wounds it was then
he had received on board a row galley in a
Battle between the american forces and the
British army - The said James was wounded
in October & Brought down to Richmond by
aforesaid in February and was confined to
on three months [illegible] he came home. [In fact?]
[of the he came home heirs of home counce?]
out of his shoulder when he was wounded
and he has always been [manor less incapacitated?]
from oblacency a hockhood by name of?]
said wounds ~ My father the said Joseph 
Austin where he was wounded on aforesaid
he was then said about two hundred miles
& Brought the said James home because he
was unable to get home without [illegible].

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In the fall of 1777 the said James left home to join the American Army as he then [illegible] at Livertown and continued with the Army untill [sic] some time in August or September 1778 when the said James was brought home wounded in the hip & leg & also with a brach or burst and it  was then said that said mentioned wounds was received on the Island of Newport in what was then called Sullivans Expedtion I then understood that the said James had been sometime in the hospital before he came home. The said James by [illegible] of said wounds [illegible] the wound in the hip has always been more or [illegible disabled and further they deponent saith not 
Hannah her mark Polson [signature]

[illegible] B. H. Smalley
[underscore]
Province of Lower Conmade
County of Bedford

Potton January 25th AD 1831
There personally appeared before me Hannah Polson and after being carefully examined and duly [illegible] made solemn oath that the facts beforth in the [illegible] depondent by his subscribed on this according to his best knowledge information and beliefs.
Befon the Benjamin H Smalley
Commissioner

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The foregoing deposition was taken by me in the presence of the said James Austin.
The said Hannah Polson is a very open and informed woman and she appears to have a fairly clear recollection of ancient [illegible] and in my opinion full [illegible] ought to be given to her testimony
Benj H. Smalley Commissioner

J. Rounds Deposition
I Joseph Rounds aged 67 years of Rockford in the County of Franklin and state of Vermont do testify & say, that as early as the year 1786 I became acquainted with James Austin of Hephgate in the County of Franklin & formed said Austin at the term [illegible] became acquainted with him lived & resided at Stephen Corner in the State of New York - said Austin at that time was a very poor & industrious man with a large family and a way then low and generally understood that he had been a soldier in the American Army during the Revolutionary War. Soon after I first became acquainted with said Austin he had his house with what little furniture and hopes he had Burnt. Said Austin has always been an industrious man since I became acquainted

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with him but very soon and further this deponent saith not 
Joseph his mark Rounds

[illegible] B. H. Smalley

State of Vermont
Franklin County
Ruhford January 26th 1831
There honorably applied before me Joseph  Rounds and after being carefully examined & duly cautious made solemn oath that the foregoing deposition by him subscriber and the facts therein contained an [illegible] according to his best knowledge, information, and beliefs.
Benjamin [illegible] H. Smalley
Commissioner

The foregoing deposition of Joseph Rounds was taken by me in because of the fact James Austin died in my opinion full intel accepted to be given to the testimony  Louis Helsup 
Benjamin H Smalley [signature] Commissioner

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I Gideon Moxie of Milton in the county of Chittenden and State of Vermont aged 71 years do testify and say that I am now and have been from my earlier recollection well acquainted with James Austin now of Highgate in & during the revolutionary war he was a great deal of the time absent from his home at said Richmond & as I then understood he had enlisted in the American army, but I was not myself in the army and have no particular knowledge of his having joined the army only from Report. I [illegible] that during the revolutionary war that the father of said Austin as I was then informed went after him & Brought him from the army about Lake Champlain to said Richmond in consequence of his being unable to return home without assistance but whether that inability was from wounds or sickness I can not now say. Soon after the revolutionary War said Austin removed from said Richmond

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[chopped off words] very long and further to West [illegible] in the State of Rhode Island when he resided a short time from there he moved to Stephentown in the State of New York when he removed to Pittstown in [illegible] State of New York when he lived a short time & moved soon after this he removed to Milton of aforesaid about 36 years ago. Since which time he has always resided in the said counties of Chittenden & Franklin in several different towns [illegible] how long he has lived at a time in any of the different towns in said counties can not say as he has frequently changed his [smudged words] residence. Said Austin has always been a hard labouring man with a large family & so far as my knowledge extends he has always been in rather indigent circumstances. The employment of said Austin since he left the army has been that of a common labourer. Sometimes over [illegible] land of his own & sometimes labouring for other people as his circumstances require and further this deponent forth not.
Gideon Hoxie [signature]

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State of Vermont    }Stetton January the 
Chittenden County }27 A.D. 1831
Then personally appeared before me Gideon Moxsie and after being carefully examined and duly cautioned made solemn oath that the facts beforth in the foregoing deposition by him submitted are true according to his best knowledge informants and beliefs
Before me Benjamin H Smalley Commissioner

The foregoing deposition of Gideon Hoxsie was taken by me in the [illegible] of the law James Austin and in my opinion full credit ought to be given to his testimony
Benj H Smalley Commissioner

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I Joseph Austin age 74 years of Milton in the County of Chillender and State of Vermont testify and say that as near as I can recollect in the fall of the year 1775 my Brother James Austin now of Highgate in the County of Franklin and State of Vermont enlisted in the American Army at Rhode Island - In the [illegible] of 1776 the said James went with the American Army to Lake Champlain, sometime in the [illegible] of the year of 1777 the said James was Brought by my father as I then [illegible] from Lake Champlain to the State of Rhode Island but the particulars of what took place on the Lake or the circumstances under which the said James was Brought home I can not state as I was not with the army on Lake Champlain nor was I at my fathers when he was brought home but at the term of these transactions it was it was stated that he was unable to come home which was the reason of my father going after him. In May or June I think 1778 the said James & his [illegible] entered in Col. Toppens Regiment in Capt. Hopkins company I think the enlistment was for 12 months but a [illegible] of the term I should think 2 or 3 months had expired when he enlisted &

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the said James & myself continued with the army untill the term for which we had enlisted had expired - In the [illegible] of 1778 the said James & myself went with the American army on the [illegible] of Newport in what was then called Sullivans Expedition the [illegible] James on the day of the action on long Island was in the advance guard & I was Back with the main army and during this expedition the said James was wounded in the hip & leg and was also [illegible] and was a long time in consequence of his wounds unfit for duty but in what particular way I am [illegible] I and not say as I was not by him at the time he being with the column guard & I with the main army But I know that soon after the Battle I saw him & he was then wounded as above told and he was for a long time confined with said wounds and for a number of years after we left the army the said James was disabled very much by [illegible] of said wounds and frequently laid [illegible] with them [illegible] which [illegible] I have not known much

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about the effect of said wounds for I have not been in the immediate vicinity with him and further this deponent hath not.
Joseph his mark Austin

State of Vermont    }Milton January 28th
Chittenden County }AD1831 Then personally appeared before me Joseph Austin and after being carefully examined & duly cautioned solemly affirmed that the facts beforth in the foregoing deposition by him subscribed are true according to his best information knowledge & beliefs under the pains & penalties of perjury
Before me Benjamin H Smalley Commissioner

The foregoing deposition of Joseph Austin was taken by me in the presence  of the said James Austin the witness on account of religious [illegible] declined to [illegible] the usual oath administered to witness I therefore administered to him the oath by the Statute of this State in such [illegible] & provider and in my opinion full credit ought to be given to his testimony
Benjamin H Smalley
Commissioner

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I Jeremiah Austin aged 70 years of Fairfax in the County of Franklin & State of Vermont do testify today that my Brother James Austin now of Highgate in the County of Franklin aforesaid sometime in the year 1776 joined the American Army and went from Rhode Island where he then resided to Lake Champlain as it was their [illegible] & he was absent until some time in February 1777 when it was reported that the he had been wounded on Lake Champlain when in the American Army and said father then went from Rhode Island to the Northwest one hundred & fifty or to a hundred miles and it was there said & brought the said James Austin to Richmond in the State of Rhode Island and where the said James was Brought home to Richmond to have a lame shoulder which was then said to be account by a wound that he had occurred the fall before while on board the fleet under the command of General Arnold on Lake Champlain the wound in the shoulder was said to have been occassioned

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by the falling of a gard on Board a some galley and after he got home some piece of bone came out of his sholder (sic) and he was unable to do anything for 4 or 5 months after he returned and he has always be more or less troubled with said wounds in the sholder to the present time sometimes it has entirely prevented him labouring with it
In the Spring of 1778 said James & myself enlisted in the American Army then at Rhode Island in Col. Toppers regiment and Capt Jeffers company and the said James & myself continued with the Army untill the term for which we had enlisted had expired which I think was about one year - In August 1778 the said James was in the advance guard of the American Army and went on to the [illegible] of Newport in what was the Colonel Sullivan's Exhibition and I  was then on the picket guard and [illegible] that action the said James was wounded in the hip & leg I did not

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see him wounded but I saw him soon after the Battle & he was then wounded as above states and in consequence of said wounds he was a long time in the hospital and unfit for duty and the [illegible] now on the hips & leg of the said James were occasioned by the wounds that aforesaid and the tears on his shoulder was occasioned by the wound with which he was confined when Brought from Lake Champlain in February 1777 and was said to have been given on Lake Champlain. The wounds in the hip & leg have always been troublesome and sometimes prevented him from labouring - and further say not 
Jeremiah Austin

State of Vermont {
Franklin County   {[illegible] February the 1st AD. 1831 then personally appeared before me Jeremiah Austin and after being carefully examined and duly cautioned made solem (sic) oath that the facts hereforth in the proper deposition by him [illegible] are true according to his best information knowledge & beliefs
Before me Benjamin  H Smalley
Commissioner

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the foregoing deposition of Jeremiah Austin was taken by me in the presence of the said James Austin & in my opinion full credit ought to be given to the testimony of said witness
Benjamin H Smalley
Commissioner

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James Austin's Declaration

Hoppin's Co.
enlist 12 June 78
disch. 4 Feby. '79
7 mo. 24 ds.
[swirl underline]

[illegible]
10 mo. 24 {illegible]
[underline]
$ 35.98/100
[swirl underline]

Hon. Herman Allen

[rotate page]
A.D. 1836
Joseph H. Brainerd Clerk

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Declaration
In order to obtain the benefit of the act of Congress passed June 7th 

State of Vermont  } On this 22nd day of
Franklin County    } January AD 1836,
[blank] personally appeared before me the undersigned, one of the judges of the county court within and for the county aforesaid - James Austin a resident of Highgate, county of Franklin and State of Vermont, aged seventy seven, who being duly sworn according to law doth on his oath make the following declaration, in order to obtain the benefit of the act of Congress June 7th AD 1832.
That he entered the service of the United States under the following named officers and served as hereinafter stated.
In the year 1775, about the 20th of April he was selected with many others out of a company of Militia in the town of Richmond Rhode Island to stand as a minute man to be ready at a moment warning, and accordingly in about seven or eight days thereafter was called for, and marched under the command of Capt Barber & Lieut Thomas Sweet, to Cambridge, where he stayed three weeks, and then had leave to return home, and on his return while at Providence, the company was ordered back to

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Roxbury where they stayed eight or nine days when about forty of the company was dismissed from their then present duty, still to be ready as before; and in the month of June following was again called for, and marched to Cambridge where he remained until the night before the engagement on Bunker Hill when the company to which he belonged was ordered onto the hill, where they remained on fatigue during the night, and left about day light the next morning; was not in the action, but remained at Cambridge doing duty as a private until the first of July, and was then dismissed. Served two months 
In Augt following he volunteered and went with Lieut Sweet, (before named) as a boatman to assist in bringing of sheep from Block Island in Long Island Sound, and continued in the boating business about six weeks, and was then dismissed.
Again on the last of December or first of January 1776, he enlisted for twelve months and served under Capt Samuel Phillips Lieut Paul Harrington and Ensign Benjamin West in the Regt commanded by Col Richmond and Lieut Col Gideon Hoxey, marched from Richmond R. I. to South Kingston, from there by water to the Island of Connanient (now Jamestown) below Providence where he remained until about the first of April from thence to NewPort, where he believes

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& from thence to Enfield and where the company was mustered, and ordered to Bennington VA. from thence to Skeensborough N.Y. where he was employed among the artificers in building Row Gallies, building at the place twenty eight days under the superintendence of Gen Waterbury. From Skenesborough to Mount Independence where he was again employed on the Gallies particularly on one called the Trunbal, and after the Trunbal was finished he went on board of a boat and joined the fleet then lying near Crab Island in Lake Champlain, and in about eight or ten days they were attack by the British fleet and during the action one of the yards were cut asunder and fell upon his right sholder (sic), which rendered him unfit for duty was put on board of a gondola with others and sent back to Mount Independence where he remained until the fifteenth or twentieth of November when most of the companies times were out and the soldiers belonging to Capt Robinson's company were all discharged and were paid at Albany. Served ten & a half months. In the month of December following he volunteered at Ashford Mass for three months and served under Capt Robinsons and Lieut Mills company [smudged word]

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marched from Ashford to Lainsborough [illegible] from thence in sleighs to Albany and from thence proceeded to the Delaware River and there joined the main army, soon after recrosed (sic) the Delaware and proceed to Trenton was in the engagement at that place and remained with the army until the fore part of March 1777, when his time expired, having served three months.
In May 1777, the Militia were called for to guard a place called Bostonmich in South Kingston R. I. he was one that was detached to serve at that place under Capt John Clark in Cols Sands & Potter Regt. Those troops were called out to serve months that is fifteen days at a time, and at the end of fifteen days they were relieved by other troops for the same lenth of time. At this time the declarant had four brothers subject to Military duty, and he served as a substitute for one of them vis a vis Austin which kept him in service until October. Served in this campaign six months.
Again in the month of May 1778, h enlisted (he believes) [underlined] for nine months and served in Capt Benjamin Hoping Lieut Grink in the Regt commanded by Col Topham - Major Sam Phillips & Adjutant Handy in Gen Cornells Brig marched from Greenwich R. I. to Bristol and from thence to Liverton where he was stationed.

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until August and then crossed on to Rhode Island to Butts Hill Fort and remained on the Island until it was evacuated by the americans. That during the action he was wounded by the explosion of a shell which confined him in the hospital about six weeks. After the Island was evacuated the company to which he belonged returned back to Leverton where they stayed until March 1779, when he was discharged having served nine months.
He hereby relinquishes every claim whatever to a pension or annuity except his present pension granted him under the act of April 10th 1806 and May 24th 1828, and declared that his name is not on the Pension Roll of the agency of and State only on that of the agency of the State of Vermont.
Sworn to and subscribed     }
the day and year aforesaid.  }
James Austin

We Jesse Cutler and Enos C. Brown of Highgate County of Franklin and State of Vermont hereby certify that we are well acquainted with James Austin, who has subscribed and sworn to the above declaration; that we believe him to be seventy seven years of age; that he is reported and believed, in the neighborhood where he resides, to have been a soldier of the revolution

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and that we concur in that opinion.

Sworn and subscribed  }
the day and year afsd [aforesaid]  }
Jesse Cutler
Enos E. Brown

Interrogatories
I was born in Richmond State of Rhode Island on the 19th day of September 1758 and there is a record of my at Richmond, have seen said record my self.
I was a resident of Richmond when called into service and returned there after the war; and removed from thence soon after my return home to Steventown N. York where I lived for 8 years, removed from thence to Newport Vt and from thence to Highgate where I now live.
I was called into service as stated in my declaration.
During the time I was in service I became acquainted with the following named officers viz Capts Benjamin Gorton, John Clark, Oliver Clark Major Bailey Col Dier Capt Garner Major Banx, Capt West and Capt Bull of the Artillery, Capts. Wallis & Sharp Major Courtland Gen Waterbury, & Arnold, Capt Stoddard, Col Lawrence Lieut Col Flure Gens Green & Cornell Capt Babcock and Capt Troffin - - -

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I received two written discharges while in service one of which he believes was sent to the War Office by Judge Brayton about the year 1818 or 17 at which time he made an application for a pension, and the other was burned when my dwelling house was destroyed by fire The following are the names of persons to whom I am well known in my neighborhood who can testify as to my character for veracity and their belief of my service as a soldier of the Revolution.  Dr Bradley, Eliphalet Albee, Jesse Cutler, Dr Cutler, John Barr Judge Sax and Enos E. Brown Esqr -- Signed
James Austin [signature]

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 seemed as he states. And the Court further certifies, that it appears that Jesse Cutler Esqr who has signed the proceeding certificate, is a Justice of the Peace and that Enos E Brown who has also signed the same, is also a Justice of the Peace and both residents of Highgate and seem credible persons and that their statement is entitled to credit.
Geo. Green  Judge as aforesaid

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State of Vermont    }I, Joseph H. Brainerd
Franklin County JP  } Clerk of the County
Court within and for the County of Franklin aforesaid do hereby certify to all persons to whom these presents shall come or may concern that George Green who has signed the within certificate is one of the Judges of the County Court within and for the County of Franklin aforesaid for the year ending November A. D. 1836 that he is qualified to act as such magistrate that I am well acquainted with his hand writing and believe his signature at the foot of the within page to be genuine whereof I have affixed the seal of said county court and subscribed my name to these presents at St Albans in the County of Franklin aforesaid this 26th day of January A. D. 1836

Joseph H. Brainerd Clerk

[seal affixed]

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State of Vermont
Georgia District
Be it Known that at a probate court holden at probate office in St. Albans in said district of the 25th day of April 1838,
Present William Bridges Judge Personally appeared before said court James Austin of Highgate in the county of Franklin and state aforesaid, and being first only sworn according to law, did on his oath make the following supplementary and explanatory declaration,
That his sixth turn of service of three months under Capt. Elijah Robinson was performed in the year 1776, that Captain Robinson did not belong to Massachusetts but was a native of Strafford in the state of Connecticut, and belonged to the Connecticut troops, and the reason why he joined Captain Robinson's company in Ashford in the state of Massachusetts was, the applicant had stoped at the house of his uncles who then resided in Ashford & to stay a few days while on his way home from Ticonderoga, that during the time he was at his uncles afores' Capt. Robinson came through Ashford on

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his way to Albany, The applicant there joined said Robinson company and served therein three months.
The applicant further states that during the time he was in Colonel Topham's Regt. in the year 1778, he was detained from said Regiment and put into Colonel Lawrence's & Flewrey's Regt. and taken on to Rhode Island, and served in said Regiment one month. When he joined Col Lawrence's Regiment, Col Topham's Regiment was stationed in East Greenwich, and after the Island was evacuated, he again joined Colonel Tophams Regiment, the stationed at Tiverton.
The applicant fully believes that he served eight months in Topham's Regiment and is positive he served one month in Colonel Lawrence's regiment.
Sworn to & subscribed James Austin
this day & year above written before me William Bridges Judge in testimony whereof I have 
hereunto set my hand and affixed the seal of sd court
Wm Bridges Judge of Probate

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Record Division.

May 24, 1911.

Miss Catherine Austin,
Strong City, Kans.

Madam:
In reply to the personal inquiry of May 16th, you are advised that in the claim of James Austin, Sur. File No. 19,186, Rev. War, it appears that he was the son of Joseph Austin, and was born at Richmond, Rhode Island, September 19, 1758, and while a resident of that place, enlisted as a Private, April 1775, and served seven or eight months under Captains Samuel Phillips, Thomas Gordon, and Barber and Colonel Richmond, in the Rhode Island Troops.
On the last of December, or 1st of January 1776, he enlisted and served under Captain Samuel Phillips and Colonel Richmond, and the following June, was transferred into Captain Elijah Robinsons's company, Colonel Mott's Connecticut regiment; he was employed at Skeensborough as an Artificer in building row gallies and when one of them, the Trumbull, was finished went on board and joined the fleet near Crab Island on Lake Champlain where they were attacked by the British and he was injured in the right shoulder, and was discharged November 4, 1776.
December, 1776, he volunteered under Captain Elijah Robinson and was in the battle of Trenton, served three months.
In May, 1777 he enlisted and served under Captain John Clark and Colonels Sands and Potter, six months.

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Sur. File No. 19,186, - 2

May, 1778, he enlisted in Captain Benjamin Hoppin's company, Colonel John Topham's Rhode Island regiment, was detached from said regiment and was put into Colonel Lawrence and Flewrey's regiment one month, and was in the battle of Rhode Island, where he was wounded in the right leg, hip and thighs; he returned to Colonel Topham's regiment and was discharged March 1779.
In the Spring of 1780, he enlisted in Captain Tew's company, Colonel Green's Rhode Island regiment and served eighteen months; and the whole of the last year of the War, he was in Captain Harris' company in Colonel Willett's regiment.
He was allowed pension on an application executed April 3, 1818, while a resident of Highgate, Franklin County, Vermont.
Children are referred to in 1831, but no names are stated.
He died August 13, 1839.
Very respectfully,
Commissioner

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Revy War P
1911 May 24 Hist. 
Catherine Austin &
James Austin V.L.
May 29 Hist. - Eva L.E
[illegible.] V.L.M.

19186
INVALID.
___________
File No. 19186
James Austin
[illegible faint writing]
____________
[illegible faint writing]
Act: [illegible faint writing]
Index: - Vol. 2, Page [illegible]

(Arrangement of 1870)

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Minneapolis, M.N
May 20
9-AM
1913
This side of card is for address only
Department of the Interior
Washington, D.C.
Revolutionary Pension Dept.

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Revolutionary Pension Dept.
Dear Sir,
Will you kindly send me all the information contained in your books on James Austin a private in Capt. Benj. Hoppin's Co.
Col. John Topham's Regiment, R.I. troops?
Respectfully
(Miss) Eva L. Austin
4521 Washburn Ave. S.
Minneapolis, Minne
May 18, 1913.

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Rev. War Section.
May 29, 1913.
Miss Eva L. Austin.
4521 Washburn Avenue, South,
Minneapolis, Minn.
Madam: In reply to letter dated 18, [illegible] 21st instant

Page 36

May 24, 1911.
Mr. James Austin,
Cottonwood Falls, Kansas.

Page 37

May 16, 1911
Please send state - 
of service f 
James Austin
Conn. & R.I. S. 19186 -
to
Miss Catherine Austin
Strong City Kans
and to 
James Austin
Cottonwood Falls
Kans
No need to notify, 
Mr. Austin
& was where

Page 38

Acts of July 14, 1862, and March 3, 1873.
James Austin
Consolidated with D. W. Inv. File 19,186
Revolution
22095
Invalid.
File No. 22,095
James Austin
Priv. Rev. War.
Act: June 7, 32"
Index:-Vol. 2, Page 14
[Arrangement of 1870.]
Consolidated with D. W. Inv. File 19,186.

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See letter to Hon. B.
Swift 21. January 1830
James Austin,
321 Vermont
Rejected
See letter 26 April 1828
to W. Brayton, Esq
Burlington, VT.

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17, 157.
James Austin
Franklin Co. Vermont.
Declaration not dated.
At the period which the applicant served in Col. Topham's reg. R.I. line, it is not considered to have been continental estab.
Col. Samuel Mott's reg. Connect. was not on continental estab.
Inadmisible.
William Brayton, agt
St. Albans, Vermont
Reced 22 July, 1828

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No 33,449
Vermont
James Austin
Suspended
Let Hon H Allen 22 Feb '36
Let same 12 March 1836
Let same 30 May 1838

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150
25
----
175

27.71
7
----
19591

Page 43

Ticonderoga Fort 1776
These Certify that James Austin soldier in Capt Robinsons Company of Col. Motts Regiments is rendered unfit for further 
by and is
hereby recommended for a discharge to Col. Mott
In consequence of the above certificate convinced that the complaint of James Austin soldier in Capt Robinsons company of the [illegible] given under my hand [illegible] this 4th day of November 1776
By the general command 
John Trumbull
S. Fi. 19186
James Austin
Conn - 
The National Archives of the United States

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I James Austin do acknowledg that I have received all my arrears of all kinds due to me for my service in the army of the United Stats of America
James Austin
James Austin soldier in Capt Robinsons company in Col. Mott regiment for the reasons above mentioned is discharged from the service of the United States of America
Aged nineteen years five feet seven inches high light brown hair gray eyes
Light complexion belonging to the sons of Richmond Town as a Proper Person to be discharged from the army of the United States of America
Saml Mott Col
To the Honorable Mag. Gen. Gates Commander at Ticonderoga

Page 45

State of Vermont
Franklin County
The declaration of James Austin of the Town of Highgate in said county of Franklin and resident in said town of Highgate aged fifty nine years
taken on the oath of said James Austin this third day of April 1818 by me William Brayton a Judge of the Supreme Court of the State of Vermont for the preceding pension under the Act of Congress entitled "An Act to provide for certain persons engaged in the land and naval Service of the United States in the revolutionary war," that in the month of April 1775 Rhode Island he enlisted Company commanded by Capt Samuel Phillips in the regiment commanded by Col Richmond and served in said company seven or eight months, that in the month of November 1775 at [illegible] in the State of Connecticut he the said James Austin enlisted in the company commanded by Captain Robinson and Regiment of Col Samuel Mott of the Connecticut line on the continental establishment that he served in said company until the fourth of November 1776 when he was discharged from service at Ticonderoga in the state of New York on account of an injury he received by being jammed among the gallies so that he was bent - about that in the Spring of 1777 he enlisted in the company commanded by Capt John Hoppin he in the Regiment of Col John Topham of the Rhode Island corps, that he served in said corps about one year and ten months and was then discharged in consequence

Page 46

[illegible] which discharge [illegible], that in the 
spring of 1780 he enlisted in a Company commanded by Capt Tew and Regiment of Col Green of the Rhode Island line and served eighteen months and was then dismissed, that he is in reduced circumstances and stands in need of the apertance his of his country for support. that he has no other Evidence now in her power of his said Services than his first discharge from Gen Gates, that he believes witnesses are living in Rhode Island by whom he could prove the whole of his said Services but that given poverty and decrepitude that he was he is unable to prove their testimony [illegible] Personally appeared James Austin Known by that name made solemn oath that the above the declaration contains the truth and nothing but the truth before me the day & year aforesaid 
Signed by James Austin
William Brayton Judge Sup Court
I William Brayton an Assistant Judge of the
Supreme Court of the State of Vermont aforesaid
do certify,that it appears to my satisfaction
that the said James Austin did serve in the in the continental establishment nine months, at one period of Service revolutionary war as stated in the preceding declaration against the common enemy and I now transmit the proceedings and testimony taken and had before me & the Secretary for the Department of War pursuant to the directions of the aforementioned act of Congress and I further Certify that

Page 47

James Austin
Private 
78879
Topham R. Island
Reg
Let the witnesses state in which of those years the applicant served nine months -
did he serve both years entire?

Page 48

State of Vermont
Franklin County
The declaration of James Austin of the Town of Highgate in said county of Franklin and resident in said town of Highgate aged fifty nine years
taken on the oath of said James Austin this third day of April 1818 by me William Brayton a Judge of the Supreme Court of the State of Vermont for the preceding pension under the Act of Congress entitled "An Act to provide for certain persons engaged in the land and naval Service of the United States in the revolutionary war," that in the month of April 1775 Rhode Island he enlisted Company commanded by Capt Samuel Phillips in the regiment commanded by Col Richmond and served in said company seven or eight months, that in the month of November 1775 at [illegible] in the State of Connecticut he the said James Austin enlisted in the company commanded by Captain Robinson and Regiment of Col Samuel Mott of the Connecticut line on the continental establishment that he served in said company until the fourth of November 1776 when he was discharged from service at Ticonderoga in the state of New York on account of an injury he received by being jammed among the gallies so that he was bent - about that in the Spring of 1777 he enlisted in the company commanded by Capt John Hoppin he in the Regiment of Col John Topham of the Rhode Island corps, that he served in said corps about one year and ten months and was then discharged in consequence

Page 49

[illegible] which discharge [illegible], that in the
spring of 1780 he enlisted in a Company commanded by Capt Tew and Regiment of Col Green of the Rhode Island line and served eighteen months and was then dismissed, that he is in reduced circumstances and stands in need of the apertance his of his country for support. that he has no other Evidence now in her power of his said Services than his first discharge from Gen Gates, that he believes witnesses are living in Rhode Island by whom he could prove the whole of his said Services but that given poverty and decrepitude that he was he is unable to prove their testimony [illegible] Personally appeared James Austin Known by that name made solemn oath that the above the declaration contains the truth and nothing but the truth before me the day & year aforesaid
Signed by James Austin
William Brayton Judge Sup Court
I William Brayton an Assistant Judge of the
Supreme Court of the State of Vermont aforesaid
do certify, that it appears to my satisfaction
that the said James Austin did serve in the in the continental establishment nine months, at one period of Service revolutionary war as stated in the preceding declaration against the common enemy and I now transmit the proceedings and testimony taken and had before me & the Secretary for the Department of War pursuant to the directions of the aforementioned act of Congress and I further Certify that

Page 50

said James Austin who has made his declaration and delivered to me the discharge transmitted herewith for about six years that he is indigent and infirm and needs the assistance of his country for support, St Albans April27, 1818
William Brayton 
Judge Supreme Court
Vermont

State of Vermont, Franklin County, Supreme Court Clerks office. April 27th 1818. I Horace James Clerk of the Supreme Court in said county do hereby certify that William Brayton Esq is one of the assistant judges of said supreme Court duly qualified to and as such and that the   is signed by him in his own proper hand. In testimony, whereof I have hereunto signed my name and affixed the Public seal of said court.
Horace James Clerk
N. B. The above declaration was made before it was known that a notice of the battles which the applicant was engaged was required - 
Wm. Brayton

And it is requested that information of the result of this application or if any further proof is required be transmitted to the Judge --

Page 51

I Peter Denny of Corts in the County of Franklin and State of Vermont in the 66 years of my age testify and say in the year 1776 I was in the army with James Austin in Capt Elijah Robinsons Company and conols [colonel] Samuel Mots Regiment that James Austin in said regiment for nine or ten months and I further state that I served in the same company with said Austin - Peter Denney [signature] 
Cambridge Juuly (sic) 31 I sig the above [illegible] sworn to below -- John Marcy Jefferson [signature]
[horizontal line]
Cambridge Juuly 31 1819 --
I here by certify that the above Peter Denney is a competent witness -- 
John Marcy Jefferson [signature]

State of Vermont
Franklin County ss} Franklin County Clerks office August 3. AD1819. I Horace James Clerk of the County of Franklin hereby certify that John Marcy of Cambridge is a Justice of the Peace in said County duly appointed by the Legislature of this State to acts and such and that the foregoing Certificate is Signed by him in his now proper hand writing In Testimony whereof I have hereunto signed my name and affixed the Public seal.

Page 52

I Jeremiah Austin of Santos County of Franklin and State of Vermont in the fifty ninth year of my age do testify and say that in the year 1778 & 1779 I was with James Austin (now of Highgate County of Franklin & State of Vermont) in the Revolutionary War against Great Briton we both belonged to a Company Commanded by Capt. Benjamin Hopping the Company belonged to a Regt, commanded by Col. John Topping & the Regiment belonging to a Brigade Commanded by Genl Cornwell of the Line belonging to Rhode Island I [illegible] personally [illegible] to the same James Austin's serving in said company for the term  of nine months in both the [illegible] above mentioned & I belong again to the same company & further your Depenet saith not --
Jeremiah Austin [signature]

State of Vermont   } Fairfax July 23rd AD 1819 
Franklin County  ss} Personally appeared Jeremiah Austin signor of the above Deposition & after having him was fully examined & duly [illegible] made solemn oath the the above D. positively him subscribed contained the truth the whol truth & nothing but the truth before me 
Sampson [signature] Justin [illegible]  [signature]

I further certify that I am aquainted [sic] with the above deponent & [illegible] that he is in that standing in society that he wants to be a competent witness in a Court of [word crosssed out] of Justice 
E. Sampson [signature]

Page 53

(B-1776)   
SERVICE   NUMBER
Conn.    Austin James   S19816
New York
R.I. [Rhode Island]       carded
CONTENTS

Page 54

$8 per mo.
pen: to com: Sept. 29. 1831
act 10 April 1806 and May 24. 1828.

Page 55

Case of James Austin
respectfully submitted
to the Surgeon Genl. for
his opinion
War Dept
Pension Office
Nov 11.1891
J L Edwards
[underscore]

James Austin is believed to be totally disabled from the wounds mentioned in the signed certificate
[illegible signature]
S.G. [surgeon general?]
Nov 11. 1831.

Page 56

This is to certify that I have this day of AD Feb 1831, examined the body of Mr. James Austin of Highgate, Vt on account of sundry wounds which he appears to have {illegible] in the Revolutionary War.
He has the appearance of a musket ball receiving struck the point of his right clavicle at its connection with the shoulder and having passed on through the fleshy part between the shoulder & the neck, embracing some of the importace & muscles common to these parts. That the clavicle was fractured and delacated there remains no doubt, for it is still displaced; & unquestionably has ever since been, & still is, a considerable hindrance in the free exercise of the right arm.
The next wound I notice is one recd by a cutting instrument about an inch broad, in the muscles of the lumbar region on the left side of the spine near its junction with the sacrum - From the nature of this wound I should be of opinion that he 

He has several scars of his thighs & legs apparently from musket balls and bayonets 

Mr. Austin is a very old man, and as far he is disabled by these wounds it is impossible to say - but that he has been & ever will be managed by them, this is no doubt - The old gentleman can whither from age or wounds & perhaps both, amounts to what may be called total disability
Charles Hall. M. D.

Page 57

State of Vermont  } St. Alban, February 
Franklin County    } the 1st AD 1831 There personally appeared before me Charles Hall and after being carefully examined & duly cautioned made solem (sic) oath that the forgoing affidavit by him subscribed is true according to his best knowledge information & beliefs 
Before me Benjamin H Smalley
Commissioner

I hereby certify that the above named Charles Hall is a practicing Physician & Surgeon at [illegible] in the County of Franklin aforesaid of the {illegible] respectability both [illegible] his integrity as a man and his reputation as Physician & Surgeon
Benjamin H Smalley
Commissioner

Page 58

[stamp]
I, John L. Chandler, of St Albans, Vermont of lawful age, do testify & say, that I have examined, this day of Feb 7, 1831 the body of James Austin of Highgate Vermont. I find the foregoing statement of Dr. Charles Hall in relation to the traces of former wounds & contusions, and in relation to their probable effect on the said Austin, to be substantially true.
I further testify that I have for several years been acquainted with the said James Austin & have known that he had a very imperfect use of his limbs and it appears very probable that it is the result of the wounds described in the foregoing affidavit of Dr. Ch. Hall, and in my opinion totally disabled the said Austin from obtaining a subsistence by manual labor --
John L. Chandler M.D.

State of Vermont   } St Albans February the 
Franklin County ss } 1st AD 1831 then personally appeared before me John L Chandler and after being carefully examined & duly cautioned made solemn oath that the foregoing deposition by him subscribed is true according to the best I know to be inform about beliefs
Before me Benjamin H Smalley Commissioner

Page 59

I hereby certify that the above named John L Chandler is a practicing Phisician [sic] & Surgeon at [illegible] in the County of Franklin aforesaid of the first respectability both as respect his integrity as a man & his reputation as a Phisician & Surgeon
Benjamin H Smalley
Commissioner 

I James Austin of Highgate in the County of Franklin and State of Vermont age 72 years do testify and say that in the year 1775 I entered in the common army or rather volunteered in a company commanded by Thomas Gordon at Rhode Island & continued with that company from then untill [sic] some time in October the Colonels home I do not recollect, after then I enlisted in Col. Richmonds regiment & Captain Philips company & continued in that regiment untill our time in March AD 1776 I was then exchanged into Col Motts regiment I went on to Lake Champlain

Page 60

and continued on Lake Champlain untill [sic] the fall of 1771 when I was on board the american fleet under the command of Gen. Arnold in the month of October In a contest between the american said galley & the British fleet I was wounded by the falling of a [illegible] in the shoulder Immediately after I was wounded I was put on Board a gundalow & come to Ticondaroga & there was put on shore. I remained in the hospital untill November 1776 when I was discharged When I was discharged my shoulder was then lower & I was unfit for duty & unable [illegible] in February 1777 my father came after me &  to get home & carried me to Richmond in the State of Rhode Island. In June 1777 huge bones came out of my sholder when I was wounded & soon after this it healed  up & I was so far recovered & unable to join the Army again in the fall of 1777 But said wound in my sholder has always been very troublesome & [illegible] disabled me from labour The discharge that said [illegible]

Page 61

from Col. Motts regiment is now with my 
papers in the Secretary of Wars office at Washington. In the Spring of 1778 I enlisted in Col. Toppens regiment and continued in that regiment untill [sic] I was discharged but the discharge that I had from the regiment was a I now believe but at Stephentown in the State of New York at the time my house was burnt. I was in the Battle at the [illegible] of New York in what was called Sullivans Expedition in the advance guard of the American Army commanded by Col Lawrence and in that battle I was wounded in the hip & right leg & both my thighs and was for a long time unable to do any duty, and I am now by [illegible] of said wounds in my shoulder hip & leg unable to obtain a support by manual labour I have always lived in the United States

Page 62

and for the last 37 years in the counties of Chittenden or Franklin in the State of Vermont & for the last 12 or 14 years in the town of Highgate aforesaid. I am at this time both poor & [illegible] and am now entirely dependent on my children for support, and as it unfortunately happens my children are all very poor. I am not now and never have been on any pension list either of the United States or any of the states and do not now or never have [illegible] any help on for services or any person for services before said army the Revolutionary War or on any other account. Previous to AD 1828 I applied for a pension under the Act of Congress of 1818 but I was told that I could not have a pension account the regiments in which I served did not belong to the continental establishment and I have not heretofor applied for a pension on account of my wounds

Page 63

because I did not know that any provision had been made for granting pensions to wounded soldiers untill [sic] AD 1829, and [illegible] that here I have been trying to get one and further say
James his mark Austin
Witness B H Smalley

State of Vermont   } St Albans February 
Franklin County ss } the 1st AD 1831 Then personally appeared before me James Austin & after being carefully examined & duly cautioned, made solemn oath that the facts contained in the foregoing deposition by him subscribed contains the truth and nothing but the truth
Before me Benjamin H Smalley Commissioner [underscore]

I hereby certify that I am personally acquainted with above named James Austin who is now and has been for several years has to my personal knowledge a resident citizen of Highgate in said County of Franklin aforesaid. Said Austin is a very ignorant, illiterat [sic] and infirm old man and is

Page 64

now extremely poor & dependent. I am fully convinced that his own statement & the statements of the several witnesses who have been examined by me in relation to his services during the Revolutionary war and the wounds that he has recd while in the American army are true and that those statements are [illegible] to full credit
Benjamin H Smalley
Commissioner

State of Vermont   } St Albans February
Franklin County ss } the 1st AD 1831 --
I Benjamin H Smalley of St Albans in the County of Franklin and State of Vermont In pursuance of the foregoing commission to sue directed by the Hon Elijah Pain Judge of the district court of the United States of America for the Vermont district have taken and certified the foregoing depositions and affidavits of Hannah Polson, Joseph Rounds, Gideon Haxtin Joseph Austin Jeremiah Austin Charles Hall John L Chandler & James

Page 65

Austin and made the several certificates thereto annexed and I have on this first day of February AD 1831 at St Albans aforesaid closed the testimony in relation to the claim of the said James Austin

Given under my hand and [illegible] at St Albans in the County of Franklin and State of Vermont this 1st day of February AD 1831
Benjamin H Smalley Commissioner

State of Vermont   } St Albans Sept 29 Franklin County ss }1831--
In [illegible] of the [illegible] commission to me under I sealed up & transmitted to the War Department the foregoing affidavits depositions & certificates and the same was [illegible] to me by the War Department accompanied with a statement that the affidavits of the surgeons were [illegible] and in conform with the suggestions of said department I have this day taken and [illegible] added the affidavits of Franklin Bradley & Orin S Campbell 
Benj H Smalley Commissioner

Page 66

State of Vermont   } Highgate September
Franklin County ss } 29th 1831

It is hereby certified that by satisfactory witness and accurate examination it appears that in the month of October AD 1776 James Austin now of Highgate in the County of Franklin & State of Vermont then a private soldier in the American Army under the command of General Arnold on Lake Champlain suffered a wound in his the said James right shoulder and that the said James in the month of August AD 1778 then being engaged as a private soldier in Col. Toppery Regiment at a place called New Port in the State of Rhode Island he the said James then received wounds in his left hip & leg & right foot when in the line of his duty and the said James is thereby not only [illegible] for military duty but in the opinion of the undersigned is totally disable from obtaining his subsistence from manual labor
Franklin Bradley Surgeon
Orin S Campbell Surgeon

State of Vermont   } Highgate September
Franklin County ss } 29 1831--
Then personally appeared before me
(turn over)

Page 67

Franklin Bradley & Orin S Campbell Both of Highgate in the County of Franklin & State of Vermont and after being carefully examined and duly cautioned made solemn oath that the foregoing affidavit by them subscribed is true according the their best knowledge information and beliefs
Before me Benj H Smalley Commissioner
I truly certify that the above named Franklin Bradley & Orin S Campbell of Highgate aforesaid are practising (sic) physicians & Surgeons in the Town of Highgate aforesaid of reputable professional & unimpeachable integrity
Benj H. Smalley Commissioner

State of Vermont   } [illegible] on
Franklin County ss } September the 29th AD 1831
I Benjamin H Smalley of St Albans in the County of Franklin and State of Vermont in [illegible] of the foregoing commission [illegible] by the Hon. Elijah Pain Judge of the District court of the United States of America for the Vermont district I have this day taken and certified the foregoing affidavits of Franklin Bradley & Orin S Campbell and made the [illegible] certificates then to annexed and I have this 29th day of September AD 1831 closed the testimony in

Page 68

sitation to the claim of the said James Austin 
given under my hand & that at St Albans in the County of Franklin & State of Vermont this 29th day of September AD 1831
Benj. H. Smalley Commissioner

United States     } I Elijah Paine, Judge of
Vermont District } the District court for the Vermont District do certify that I am well acquainted with the handwriting of Benjamin H. Smalley & that in my opinion the signature of Benja H. Smalley, Commissioner, wherever it [illegible] in the foregoing paper was written by said Smalley and that the said Smalley is the same person named in the commissions --
Given under my hand at Williamstown this twenty ninth day of October 1931. And I have caused the seal of the District Court to be [smudged] to this my certificate & also to the foregoing proceedings in the case
Elijah Paine [signature]
seal

Page 69

Jeremiah Austin

Page 70

State of Vermont  } I Jeremiah Austin of 
Franklin County    } Fairfax in the County of Franklin & State of Vermont of sixty years of age testify & say that I am personally acquainted with James Austin of Highgate in the County of Franklin & State of Vermont that I was acquainted with the same James Austin in 1778 and 1779 & know that he was a private soldier in the company commanded by Capt Benjamin Topping in the Regiment of Col John Topping Brigade of Genl Cromwell of the Rhode Island line in the United States establishment that he served in said corps for the term of nine months from the month of May 1778 to the month of March 1779 in the above named years we both served in the same Company & further the Deponant saith not 
Jeremiah Austin [signature]

State of Vermont   } Fairfax July 11th
Franklin County ss } 1829 personally approved Jeremiah Austin signer of the above Deposition & after being carefully examined & duly cautioned made oath that the above Deposition by him subscribed contained the truth the whole truth & nothing but the truth 
Before me
Samuel Parmelee Justice of Peace

this may certify that in my opinion the above named Jeremiah Austin is in good standing in society & would be a competent witness in a court of justice
Samuel Parmelee Jus' Peace [signature]

Page 71

I Joseph Austin of Mellon in the County of Chittenden & State of Vermont in the forty fourth year of my age testify & say that in the year 1778 & 1779 I was with James Austin now of Highgate County of Franklin & State of Vermont in the Revolutionary war against Great Briton we both belonged to a company commanded by Benjamin Hopping in the Regiment commanded by Colonel John Topping belonging to the Brigade commanded by Gen' Cornmwell of the line belonging to the State of Rhode Island I was personally knowing to the said James Austin belonging to said company for the space of nine months that is to say from the month of May in the year 1778 to March 1779 we both served in the same company & further your Deponent saith not 
Joseph Austin [signature]

State of Vermont   } Fairfax July 11th 
Franklin County ss } 1820 personally
approved Joseph Austin signer of the above Deposition and after being carefully examined & duly cautioned made oath that the above Deposition by him subscribed contained the truth the whol [sic] truth & nothing but the truth
Before me Samuel Parmelee Justice Peace

this may certify that I am acquainted with Joseph Austin the signer of the foregoing Deposition & in my opinion is in good standing in society
Samuel Parmelee Justice Peace

Page 72

State of Vermont   } Franklin County 
Franklin County ss } Clerks office. July 14th, 1820.
I Horace Janes Clerk of the County Court in and for the County of Franklin do hereby certify that Samuel Parmalee Esq. of Fairfax is a Justice of the Peace in and for said county duly appointed by the Legislature of this State to that office and by Law authorised to administer oaths
In testimony whereof I have hereunto signed my name and affixed the Public Seal of said court
Horace Janes Clerk

[outline of seal]

Page 73

Jude Browns Deposition in support of James Austin's claim

Page 74

I Jude Brown of Highgate in county of Franklin & state of Vermont aged eighty nine years do certify and say that in the year 1776 I was a soldier in Capt Robinsons company in Col Samuel Mots Regt I there became acquainted with James Austin who was a private in the same company we served in one company at Mount Independence on Lake Champlain I was taken prisnor [sic] during action, was soon after paroled and returned back to the American camp where I again found sd Austin but in a few days after my return to the american camp I returned home and cannot say how long sd Austin served after I left the camp but I understood that he served to the end of the campaign & furth[er] state that sd Austin was called the best soldier in the company and further say not 
Jude his mark Brown

Sworn to and subscribed this 18th day of Jany 1836
Before me Enos E Brown Justice Perace

I further certify I am personally acquainted with the above named deponnant and know him to be a man of truth and veracity
Enos E Brown Justice Peace

Page 75

State of Vermont   } I, Joseph H. Brainerd 
Franklin County ss } Clerk of the County 
[seal]           Court within & for the County of Franklin aforesaid do hereby certify, to all persons to whom these Presents Shall come, that Enos E. Brown before whom the within Deposition was sworn to and subscribed is a Justice of the Peace within and for the County of Franklin aforesaid for the year ending on the 30 day of November of A.D. 1836 and as such magistrate is authorized to take deposition and I believe did take the within deposition & that his signature thereto is genuine
In testimony whereof I have affixed the seal of the County Court aforesaid and subscribed my name to these presents at St. Albans in said County of Franklin this 20th day of January A.D. 1836

Joseph H. Brainerd Clerk

Page 76

John Carmon
Dep

Page 77

I John  Carmon of Highgate in the county of Franklin and State of Vermont am sixty five years of age do testify and say that I served in Cornel [sic] Willets regiment in the New York line in the revolutionary war and further say that I was well acquainted with James Austin now an inhabitant of the Town of Highgate in the county of Franklin and State of Vermont then a soldier in Capt Harris Company in sd [said] Willets regiment and that he served in sd regiment and company during the hole of the last year of the revolutionary war, and further the deponent sayeth not 
John his mark Carmon

State of Vermont   } Highgate January
Franklin County ss } January 14th 1826
then personally appeared John Carmon and after being carefully examined and duly cautioned and made solemn oath that the facts stated in the above Deposition by him subscribed are true Before me, Wm Sheels jus of Peace

I here certify that I have ben acquainted with John Carmon for several years and I believe him to be a man of truth and veracity as far as his knowledge extends he being an ignerant man

Highghgate [sic] January 14th -- 1826
Wm. Sheels jus of Peace

Page 78

State of Vermont   }Franklin County local
Franklin County ss }Clerks office
[illegible] 15th 1828 I hereby certify that William Sheels Esqr of Highgate whose name is hereto annexed is a Justice of the Peace within and for the County of Franklin duly appointed by the Legislature of this State and that the said Sheels was a Justice of the Peace as aford [aforesaid]  on the 14th of January, AD1826.
In testimony whereof I have hereunto signed my name and affixed the Public Seal of my office
Horace Janes Clerk

[seal]

Page 79

I John Lindley of the age of sixty six years do testify and say that I came to america with Burgoines army during the revolutionary war & that I deserted from said Burgoines army a few days before his capture and went to Albany and enlisted in to colonel Willets regiment of the New York line and served during the remainder of the war & further testify and say that I was well acquainted with James Austin Now an inhabitant of Highgate in the county of Franklin & State of Vermont who was then a soldier in said regiment and served with me for more than one year in capt Harris company of that regiment and untill [sic]  the regiment was discharged 
John Lindley [signature]

Franklin county ss January 16 1825 Personally appeared John Lindley & after being duly cautioned and carefully examined made solemn oath that above deposition by him signed contains the whole truth and nothing but the truth
before me 
Jesse Carpenter Justice of the Peace Joshua Barnes Jr of Ferrisburgh in the county of Addison and State of vermont testify and say that I am acquainted with the above named John Lindley and believe him to be a man of truth and veracity and further testify that he is in verry indigent circumstances wholly destitute of property except one old mare Joshua Barnes [illegible] Franklin county ss January 16 = 1826 personally appeared Joshua Barnes Jr and made oath that the above affidavit is true before me Jesse Carpenter Justice of the Peace I hereby certify that I believe J Barnes to be a man of truth and veracity 
Jesse Carpenter Justice of the Peace

Page 80

State of Vermont } Franklin County Court
Franklin County ss } Clerks office April 15th 1828. I hereby certify that Jesse Carpenter is and was on the 11th day of January AD1826 a Justice of the Peace within and for the County of Franklin duly appointed by the Legislature of this State and that it purports to be signed by him in his own proper handwriting in testimony whereof I have hereunto signed my name and affixed the Public seal of my office
Horace Janes Clerk 

John Lindley - Dep -

Page 81

Joseph Austin's
Deposition -
in support James Austin's claims

Page 82

That I Joseph Austin of Mitton in the county of Chittenden and State of Vermont being in my eightyth (sic) year of age do testify and say that James Austin listed as a soldier in the year AD. 1776 in Capt. Phillips company for one year, and he the same James Austin was a soldier called out in the millitia in the year AD 1777 and 1778 and he the James listed in Benjamin Hopings company and Cornel John Topings Regment for nine months and in General Conwell Brigade, and in said Regiment was Capt Dyer and Capt. West and Capt  Benjamin Traffin further the reponant saith not - 
Dated at Mitton January 2d, 1836
Joseph Austin [signature]

State of Vermont } Mitton January 2d - 
Chittenden County ss} 1836 then personally appeared Joseph Austin and made solemn oath the above deposition by him subscribed contains the truth the whole truth and nothing but the truth 
Before me Gideon Hoxsie Justice Peace

I hereby certify that the above named Joseph Austin is considered to be a man of truth and veracity as I have been acquainted with him for a great number of years
Gideon Hoxsie Justice Peace

State of Vermont} I Nathan B Howell Chittenden County } of Chittenden County Court do hereby certify that Gideon Hoxie Esqr before wherein the foregoing affidavit is taken was at the time thereof a Justice of the Peace duly qualified acting under the authority of this State and I believe his name thereto subscribed to be his own proper signature. In testimony whereof I have hereunto set my hand and affixed the Seal of said court this 9th day of January AD 1836
Nathan B Haswell [signature]

Page 83

Jeremiah Austin's Deposition in support of James Austin's claim

Page 84

State of Vermont   } I Joseph H. Brainerd 
Franklin County ss } Clerk of the County Court within and for the County of Franklin aforesaid do hereby certify to all persons to whom these Presents shall come that Churchill Sampson before whom the within deposition was subscribed and sworn is a Justice of the Peace within and for the County of Franklin aforesaid for the year ending on the30th day of November A.D.1836 and is duly qualified to act as such magistrate & take Depositions & I believe did take the within deposition and that his signature thereto is genuine 
In testimony whereof I have hereunto affixed the Seal of the County Court aforesaid and set my hand at St Albans in said County of Franklin this 20th day of January A.D.1836

[Seal]
Joseph H Brainerd Clerk [signature]

Page 85

That I Jeremiah Austin of Fairfax in the County of Franklin & State of Vermont being in my seventyith (sic) year of age do testify & say that James Arigade ustin listed as a soldier in the year AD. 1776 in Capt. Phillips Company for one year, & he the same James Austin was a soldier called out in the Millitia in the year AD 1777 & 1778 -- and he the said James Austin enlisted in Benjamin Hopings Company about the first day of June 1778 in Colonel John Toping's Regiment for nine months in General Cornwell's Brigade and in said [smudge] was Capt Dyer & Capt West and Captain Benjamin Troffin and further say that I was in the Company with the said James Austin and in the same mess [?] for the term of nine months of the aforementioned time
and further the Deponent saith not
Dated at Fairfax January 11th AD 1836
Jeremiah Austin [signature]

State of Vermont } Fairfax January 11th Franklin County ss } AD 1836 then Personally appeared Jeremiah Austin and made solemn oath that the above Deposition by him subscribed containg (sic) the truth the whole truth & nothing but the truth before me Churchill Sampson Justice of the Peace & hereby certify that the above named Jeremiah Austin is considered to be a man of truth & veracity as I have been aquainted with him the said Jeremiah Austin for a great number of years 
O Sampson Justice Peace

Page 86

Pens. Office
22 April
James Austin
Vermont - 
Let - 18 March 1818

William Brayton Sr
Burlington Vt.

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[illegible] Secretary at [smudge] U. S.
Washington City

[post mark]
BURLINGTON APR 17 VERMONT

Page 87

Burlington Vt April 25 1828

Sir
I am requested to provide the enclosed petition & together with the accompanying additional depositions of John Lindly & John Carmen.
Please Deliver
the answer
to me at this place
Yours William Brayton

Page 88

State of Rhode Island and Providence Plantations
Secretary's office March 16, AD 1838.

I certify that at the session of the General Assembly of the Colony of Rhode Island beholden in October seventeen hundred seventy five, William Richmond was elected Colonel of a regiment ordered at said session to be raised, for one year. That at the session in January following Samuel Phillips Jr. was elected Captain of the twelfth company in said Regiment. That at the session of the General Assembly of said State in July seventeen hundred seventy six, Ray Sands was elected Major of the second Regiment of Militia in King's County until May then next. 
That in December seventeen hundred seventy six Thomas Potter was elected Lieutenant Colonel of said Regiment until May then next. That in May seventeen hundred seventy seven, Ray Sands was elected Lieutenant Colonel of said Regiment, and Charles Dyer Colonel thereof: for one year: and John Clarke Lieutenant of the Second Company of Militia in the term of Richmond in said County for said term. 
Witness Henry Bowen Secry

Page 89

BY HIS EXCELLENCY
John Brown Francis
Governor, Captain-General, and Commander in Chief of the State of Rhode-
Island and Providence Plantations.
BE IT KNOWN, that the name, ""HENRY BOWEN."" to the
afore-written attestation subscribed, is the proper hand writing of Henry
Bowen, Esquire, who at the time of subscribing the same was Secretary of
the State aforesaid, duly elected and qualified according to law. Wherefore
unto his said attestation full faith and credit are to be rendered.
In testimony whereof I have hereunto set my hand and
caused the seal of said State to be affixed at Providence
this Sixteenth
day of March
in the year of our
Lord one thousand eight hundred and thirty eight
and of Independence the sixty second
John Brown Francis
By His Excellency's Command.
Henry Bowen Secry

Page 90

8 Jan. 1830

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Colo J. L. Edwards
Pension Office
War Dept.

Page 91

Ho of Repr. Jany, 1830

Sir 
I have just recd the inclosed [sic] letter from Mr. James Austin of Highgate Vt. which together with the certificate of Doct. Hall inclosed I beg leave to submit to your consideration 
I have the honor to be your obedt. serv.
B Swift

Page 92

District Clerk's Office
Vermont District
Rutland, 4. Nov. 1831
Sir:
I have been directed by his Honor, Judge Paine, to affix the Seal of the U.S. District Court in this District, to the accompanying documents relating to the claim of James Austin, _ and to transmit them, thus sealed, to the Department of War.
Having affixed the seal accordingly, I have now the honor to inclose [sic] the papers, herewith, to your department _ and am with great respect
Sir, your obedient Servant
Jepr Gove, Clerk of the District of District of Vermont

Honble. Lewis Cap,
Secretary of War
City of Washington

Page 93

Hon. W. Edwards

Page 94

Dear Sir, 
Enclosed are  Jam. Austin papers for a pension under War Act, 32. It was [illegible] in [illegible] as a soldier. Said paper I could by [illegible] refer you to a [illegible] are done in support of this petition
I am respectfully yours
Allison

Page 95

John or James Austin Feb 24
Vt.

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Hon. J. L. Edwards
Com of Pensions

Ho H. Allen
HR

Page 96

Ho. Rep. Feb 7 23.  .36

Hon W. Edwards, 
Sir, the application for a pension under Stat of .32 was that of James Austin. Your letter refers to John Austin. Th is probably a mistake of the clerk, although I may hope that the discrepancy arises from you having fallen upon some John Austin papers. Please to inform me.
Your respectfully
H. Allen

Page 97

May 31

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D L Crump

Jas Austin

[illegible] L. Edwards, Esq.
Com of Pensions

Hon H Allen
H.R.

Page 98

Washington May 30. 1835

J L Edwards Esq.
Sir, I am a [illegible] today that Jas. Austin might take a deposition from 10M. 24 & [illegible] can you have the goodness to sent it me I
oblige yours truly
Homer Allen



33.33
2.65
_____
3598

Page 99

1. Ded Invalid Ded
75 May to sometime Oct. Gordon.
after Phelps Richmond to Mar: 76 transf to Col. Motts wounded in the gallies fall 76 Lake C. Hospital discharged Nov 7 
78 Tophams
2nd act 1832 
1 75 Baches - Cambridge 21 days
2 "     " Roxbury 8 or 9 days
3 June " Cambridge - first July 2 mo.
4 Aug - St. Sweet boating sheep Giselle
5 last Ded, 1 Jany 76 - Philips Richmond to 15 Nov. 76 - 11 mo-
6 Dev. 76 Capt Robinson Mass. 3 mo -
7 May 77. Auth Sands - Boston Neck Subs. for 13 mo. 6 mo
8 78 Hoppin Topham 9 - [months]

Page 100

Information as contained in his (or his widow’s application for pension on file in this Bureau.
James Austin S.F. 19186

DATES OF ENLISTMENT OR APPOINTMENT/ Apr. 1775
LENGTH OF SERVICE/ 7 or 8 mos.
RANK/ Pvt.
OFFICERS UNDER WHOM SERVICE WAS RENDERED.
CAPTAIN./Samuel Phillips, Thomas Gordon, Barber
COLONEL./Richmond
STATE./R.I.

DATES OF ENLISTMENT OR APPOINTMENT/ Last of Dec. or Jany 1 1776, transferred, discharged Nov. 4, 1776
LENGTH OF SERVICE
RANK
OFFICERS UNDER WHOM SERVICE WAS RENDERED.
CAPTAIN./Samuel Phillips, Elijah Robinson, went on board the galley Loumball & was injured in right shoulder in action with British near Crab Island Lake Champlain
COLONEL./Samuel Matt
STATE./ Conn

DATES OF ENLISTMENT OR APPOINTMENT/ Dec. 1776, May 1777
LENGTH OF SERVICE/ 3 mos. 6 mos.
RANK
OFFICERS UNDER WHOM SERVICE WAS RENDERED.
CAPTAIN./Elijah Robinson, John Clark
COLONEL. Sands - Potter
STATE./ Conn

DATES OF ENLISTMENT OR APPOINTMENT/ May 1778
LENGTH OF SERVICE/ Mch. 1779
RANK
OFFICERS UNDER WHOM SERVICE WAS RENDERED.
CAPTAIN./ Benjamen Hoppin
COLONEL./John Lopham, Lawrence Flewry
STATE. R.I.

DATES OF ENLISTMENT OR APPOINTMENT/ Spring 1780 – whole of last year of Mar.
LENGTH OF SERVICE/ 18 mos.
RANK
OFFICERS UNDER WHOM SERVICE WAS RENDERED.
CAPTAIN. Tew, Harris
COLONEL./ Green, Millett
STAFF. R.I., R.I.

Battles engaged in, Lake Champlain. Trenton Rhode Island where he was wounded in hip right leg & thighs.
Residence of soldier at enlistment, Richmond R.I.
Date of application for pension, Apr. 3, 1818. et. al.
Residence at date of application, Highgate Franklin Co. Vt.
Age at date of application, born at Richmond R.I. Sept. 19, 1758. Died Aug. 13, 1839
Remarks: In 1777 soldier’s father Joseph lived at Richmond R.I. Children are referred to in 1831. The names are stated. Soldier was also pensioned for disability under Apr. 10, 1806 and May 24, 1828 from Sept. 29, 1831.

Very respectfully,
*from Agency book
Commissioner.