Revolutionary War Pension and Bounty Land Warrant Application File S. 21,563, Dutee Weaver, R.I.

SERVICE
NUMBER
RJ
Weaver, Dutee
S. 21,563
CONTENTS

Letter to Pen. Apr 20 Sept 1837. Order to pay 19. Oct 1837.
1970. Rhode Island.
Dutee Weaver of Kent in the State of R.I. who was a Private in the company commanded by Captain Richer of the Regt commanded by C. Richer in the R.I. line for 2 Years
Inscribed on the Roll of R.I. at the rate of 80 Dollars ~ Cents per annum to commence on the 4th day of March, 1831.
Certificate of Pension issued the 14 th day of Nov 1832. and due on petition of Dutee Weaver R.I.
Arrears to 4th of Sept 1832 $128. Semi-ant. allowance ending 21 Mar 33. 40. $160.
{ Revolutionary Claim, Act June 7, 1832. }
Recorded by J. H. S. Blair Clerk Book 9. Vol. 37 Page 140.

No 9354
Dutree Weaver
N Whiting Esq. E. Greenwich R.I.

BRIEF in the case of  Dutree Weaver of the County of Kent  in the State of R. Island.  (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge? 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, as directed in the form annexed. 
   Period. Duration of Service. Rank. Names of General and field Officers under whom he served.   Years, Months, Days.     In 1776 Mar 1 st — 9 — Private Gen. Col. Richmond, Capt. Hammett.   " Nov — 3 — ditto Capt. Hammett —   "77 — 3 — drafted Capt. Whitman   "78 — 1 — ditto Capt. Miller —   from "78 to 1780 — 9 — Private In the Kentish Guards, under the Command of Col. Richmond  
 5. In what battles was he engaged? none  6. Where did he reside when he entered the service? E. Greenwich  7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls? Depositions  8. Are the papers defective as to form or authentication? and if so, in what respect? 
I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
Levin Bolt Examining Clerk.

1854 Dutea Weaver.

State of Rhode Island & the Court of Common Pleas August Term County of Kent ss. A.D. 1832.
on this Thirtieth day, of August A.D. 1832. Personally appeared in open Court, before the Justices of the Court of Common Pleas, now sitting, Dutee Weaver, a resident of East Greenwich in the County & State aforesaid, aged Seventy four years, who being first duly sworn  affirmed according to Law, doth, on his oath  affirmation make the following Declaration, in order to obtain the benefit of the Act of Congress passed June 7 th 1832. That he entered the Service of the United States under the following named Officers and served as herein stated. That he was born at said East Green- wich on the Eleventh day of February A.D. 1758. That he lived in East Greenwich  Warwick in the County of Kent when he entered into the service, but has resided mostly in East Greenwich aforesaid  resided mostly in East Greenwich aforesaid , excepting a few years that he resided in Warwick in said County of Kent. That he en- listed under Capt. Malachi Hammett in Col. Richards Regiment on the first of March 1776.  on the first of March 1776. and took the place of one Poley Sweet who, at the time, left said Company to go on a cruise in a Privateer. That he went with said Company from Newport, up the Sound to Stonington; from thence to New London, and to New Haven, and from thence to Long Island; and from there we returned to New London, and were discharged in November 1776. That he served under this enlistment the term of six  nine Months. That in the same month of November he enlisted into the said Capt Hammett's Company for the term of three Months; and served said term in guarding the Shore at Luidenette Neck in North Kingstown. That in the year 1777. he was drafted at three several times, and served the space of three months, a month at a time under Capt Whitman at Warwick neck. And in the winter or spring of the year 1778. he was drafted, and served one month at (War

Warren under Capt. Miller. And in the Summer of 1778. he entered as a volunteer into the Independent Company of Kentucky Guards at said East Greenwich, under Col. Richard Fry. That said Company were principally employed in guarding the Shore at East Greenwich and the neighbouring Shore on the Narragansett Bay. That he was with said Company on Rhode Island in Genl Sullivan's Expedition and served one month. That he was also on Rhode Island one month with said Company in the Summer of 1780. when the French Troops were at Newport. That he continued to do duty in said Company until the close of the war; he estimates and his services in said Company at nine months or more, making in the whole Twenty Five Months. That he has no Documentary evidence or written Discharge.
We hereby relinquishes every claim whatever to a pension or annuity, except the present, and declares his name is not on the Pension roll of the agency of any State. Duttee Weaver

affidavit
I Pardon Tillinghast. Clergymen residing in the Town of East Greenwich County of Kent State of Rhode Island do hereby certify that I am sixty two years of age and have been well acquainted with Doctor Maw- -er from my childhood and have never heard his charac- -ter called in question as respects truth and veracity - and that he is reputed and believed, in the neighborhood where he resides, to have been a Soldier of the revolution, and that I concur in that opinion
8
Pardon Tillinghast
Sup Court of Common Pleas August Term A.D. 1832
Sworn to in open court the eight day of the Term
Witness John Brown CLK

I William Rice of Warwick in the County of Kent and State of Rhode Island. do here by certify that I enlisted in a Company commanded by Capt. Job Peirce and afterwards by Capt. Malachi Hammond in Col. Richmond's Regiment of State troops in November 1775. and served one year: and that Dutee Weaver of East Greenwich in said County of Kent enlisted into the same Company about the first of March 1776. and took the place of another man, who left the Company at that time, and the said Weaver served the Remainder of the year, and we were discharged the last of Novr 1776 at New London. And I also certify that I have seen him in the Militia Service at Warwick in the time of the War, at three or four several times. The Militia were generally drafted for a Month's Service at a time. William Rice
8 Kent Co. Court of Common Pleas August Term 1832 I hereby certify in open Court, the eighth day of the Term Witness John Brown Clk
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
Pardon Tillinghast who has signed the preceding certificate, is a Clergyman, resident in the Town of East Greenwich in our County of Kent and that William Rice of Warwick
who also signed the same are residents in the County of Kent and are credible persons, and that their statement is entitled to credit.
I, JOHN BROWN, Clerk of said Court of Common Pleas, do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Dutee Weaver for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this Seventh day of September in the year 1832
John Brown

In reply to your request of _____, received _____ for a statement of the military history of Dutcher a soldier of the REVOLUTIONARY WAR, you will find below the desired information as contained in his (or his widow's) application for pen- sion on file in this Bureau.
File 21,563
   DATES OF ENLISTMENT OR APPOINTMENT. LENGTH OF SERVICE. RANK. OFFICERS UNDER WHOM SERVICE WAS RENDERED. STATE.   CAPTAIN. COLONEL.     March 1, 1776 12 mos. Melchiah Hammett Richmond R.I.   Mar 1916 3 mos. " "   1777 3 mos. Whitman   Winter after 1778 1 mo. Miller   Spring 1778* 1 mo. } } "Kendrick Guards" Richard Fry   To end of war 8 mos.  
Battles engaged in, *Battles of Red Bank & Red Bank, Aug 1778. Residence of soldier at enlistment, Warwick, R.I. Date of application for pension, Aug 30, 1832 - Allowed Residence at date of application, East Greenwich, R.I. Age at date of application, Jan Feb 11 1758 at East Greenwich, R.I.
Remarks: _____ _____  Sol. died May 9, 1842

I Nathan Miller of Warwick in the County of Kent and State of Rhode Island do hereby depose and say that I well remember seeing Dutee Weaver of East Greenwich in the Militia Service several different times at Old Warwick in the early part of the war of the revolution and before the commencement of the year 1777 I also well remember seeing him in Sullivan's expedition on Rhode Island in 1778 in the month of August that he was then a member of a said company chartered Military company called the Kent's Guards and that he continued in said company from that time till the end of the war
Nathan Miller
State of Rhode Island
First I Nathan Miller this 30 th day of August A.D. 1832 personally appeared Nathan Miller to me personally known as a man of truth and veracity and being first duly sworn gave the foregoing deposition which was by me reduced to writing in his presence and by him subscribed in my presence
Geo. A. Brayton Justice of the Peace.
I Jeremiah Webb of Warwick in the County of Kent and State of Rhode Island do hereby depose and say that I well remember that Dutee Weaver of East Greenwich was in the enlisted service under Capt. Mahachi Farnsworth in the State Troops and that he served at Quonsett Neck in North Kingstown under said Farnsworth three months that I served in the same company during said time and was well acquainted with said Weaver that I also well remember seeing him at many different times at Old Warwick in service during the war of the revolution I saw once when he quartered at the Stone Garrison near Capt. Benjamin Greene's house and at other places
Jeremiah Webb his mark
State of Rhode Island
First I Jeremiah Webb this 30 th day of August A.D. 1832 personally ap-

appeared Jeremiah Webb who being first duly sworn gave the aforegoing deposition which was by me reduced to writing in his presence and by him subscribed in my presence and I hereby further certify that said Webb is a credible witness
Before me George A Brayton Justice of the Peace
Know all men by these presents that I the undersigned Clerk of the Court of Common Pleas for the State of Rhode Island & Providence Plantations do hereby certify that George A Brayton Esq whose signature is subscribed above & within is a justice of the peace for the Town of Warwick in our said County that the same is his proper signature in his own hand writing that full faith and credit is and ought to be given to all his official acts. In witness whereof I have hereunto set my hand & seal of Office at East Greenwich this Seventh day of September in the year 1832
John Brown Clerk

Reproduction
21 563 INVALID.
File No. 21,563
Antonia Weaver
Pr. B. 1880
Act: June 7 th 1880
Index:—Vol. 2 , Page 431
[Arrangement of 1870.]

March 17-1900
Henry W. Howland N.Y. C.G
Feby - 2 - 1904 - His a
Hon. Wm S. Greene N.R.
1909 Dec. 23. Hist. to Mrs. Jane H. O'Hara
1916 July 18. To Miss E. F. Elliot & f

Rev. 1 B.B. H. 59 Oxford St., Somerville, Mass. Rev. Sun
To the Pension Bureau Washington, D.C.
In the 1840 Census of Pensioners I find the name of Wute Weaver, ae. 82 res. with Thomas A. Howland, in East Greenwich, Kent Co., R.I. 1 June 1840.
If your records give any further particulars regarding him and his family, I shall be most grateful to receive them.
I have been told there is no fee, if I am mistaken, kindly notify me and I will send.
Very truly,
Miss E. F. Elliot

JMK
Rev
Encl
73. Delancey Ave Detroit, Mich.
Commissioner of Pensions, Sir:
Will you kindly at your earliest convenience, send me infor- mation, regarding the records of Jonathan Andrews of East Greenwich, or Warwick, Rhode Island - also a copy

of Dutee Yeats of Warwick R.I. As I am an applicant for the Daughter of the Rev. eligible through either, or both, do not know the date the Chapter may require. If I have both am fortified Should expense be attached to this work asked for, will remunerate.
Yours truly -
(Mrs) Jane Foxland, Clasa, Dec 7 th 89

RECORD DIVISION.
Department of the Interior, BUREAU OF PENSIONS.
Briefed by Geo M. Moore
Claim No. Dec 15, 1909
Certificate No. _____
Claimant _____
Soldier Dutee Weaver
Service R.I. _____ Res
Additional Service _____ _____
No _____ claim, State records _____, 190_____
No claim, combination records _____, 190_____
REMARKS:
In T. W. S. W. or R. as above except I.F. 215643 _____ _____ _____

Duties cleared $80. 7. June 1832. - F. R. Island
To what time last paid
Pension Office
20 th Sept th 1837. Paid to the 11 Sept 1835
84

N o 9354 Dutree Weaver
Private 2 years
$ 80-
N. Whiting Esq. E. Greenwich R.I.

BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of Dulee Weaver which require further proof or explanation.
I. Does the declaration show where the applicant resides ? yes II. Did the declarant make the declaration in the county where he resides ? yes 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 ? yes 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 ? yes VI. Has he given the names of the officers under whom he served, in conformity with the regulations ? Yes VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832 ? yes VIII. Has the Court given their opinion ? yes IX. Has the Clerk given his certificate ? yes 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 ? yes

XI. Has the applicant obtained the evidence of a clergyman and another respectable citizen as to their belief respecting his age and the general belief in his neighborhood relative to his revolutionary service? yes 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 has produced a witness or witnesses as to his service, has the magistrate who administered the oath certified that he, she, or they are persons of credibility? yes 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? yes XVI. ‡ Are the papers authenticated as the regulations direct? yes XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered? yes.
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 _____. For _____ months and _____ days, I served as a _____; and for such service I claim a pension.”

It is important in all cases to determine with precision the period for which the applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months is too indefinite, and all such qualifying expressions are objectionable.
†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 affidavits must be properly authenticated, as above directed.
†QUERE XVI.  Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticated 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 end 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.

TREASURY DEPARTMENT,
SECOND COMPTROLLER'S OFFICE,
August 17, 1853.
Sir:
Under the act of the 6th of April, 1838, entitled "An Act directing the transfer of money remaining unclaimed by certain Pensioners, and authorizing the payment of the same at the Treasury of the United States;" and the third section of the Act of August 23, 1842, extending the time within which pensioners may receive their pensions from the Pension agents,
the children of Dutee Weaver, dec., a Pensioner on the Roll of the R. Island Agency, at the rate of Eighty Dollars and Cents per annum, under the law of the 7 th June 1832 has been paid at this Department, from the 1 st of March 1842 to the 9 th May 1842. Respectfully, yours, T. P. Manning Acting Comptroller. 1970 To the COMMISSIONER OF PENSIONS, Present.

Arcade Bank Providence October 14 th 1837
Sir
Dates Wearn a pensioner on the Roll of this agency under the act of June 9 th 1832, has neglected to apply for payment for more than twelve months. I herewith transmit his Vouchers for your inspection, & request your order thereon.
I am very respectfully your ob d Serv t
J. Waterman Pension agt for A. Greene Col.
J. L. Edwards Esq Commissioner of Pensions

Pension Office Providence Sep 16. 1837
Sir
Nicholson had a pension on the Roll of this agency. Having neglected to apply for eighteen months. Now requests your authority for his payment. His papers are herewith submitted.
Dutton Weaver also a pensioner on the Roll of this agency. act of Jan 7. 1832. Has applied for four periods now due him. I am personally acquainted with Mr. Weaver. & he can satisfactorily establish his identity. His certificate is also now transmitted.
I am very respectfully
Yr. Obs. Servt
A. Green
Pension Clk
J. L. Edwards Esq.
Commissioner of Pensions