Revolutionary War Pension and Bounty Land Warrant Application File R. 10664, Richard Tozer, Conn. Privateer

SERVICE
NUMBER _____
Conn. Privateer
Tozer, Richard
R. 10664
CONTENTS

14. 119 Richard Fozer Cattaraugus Co. N.Y.
5. 16. P. 380
May 8 33
G. W. Gillet Farnesville Cattaraugus N.Y.

BRIEF in the case of Richard Foser  of Calander Co in the State of New York  (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge? Open Court.  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?  3. How old is he? 78 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, 78. 1781 1 10 — private Gen. Saml Ransom Col M c Lean Zebulon Butler.   — 3 X Marine Capt Richards.    X serving on board a privateer.
 5. In what battles was he engaged? Wyoming & Skirmishes.  6. Where did he reside when he entered the service? Wyoming Luzerne Co Pa  7. Is his statement supported by living witnesses, by documentary proof, by traditionary evidence, by incidental evidence, or by the rolls? Traditionary—  8. Are the papers defective as to form or authentication? and if so, in what respect? not attached as required 
I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
Richard Clutter Examining Clerk.

State of New York County of Cattaraugus } ss.
On this 5 th day of October 1832 personally appeared before the Judges of the Court of Common Pleas now sitting Richard Soyer a resident of Farmerville in the County of Cattaraugus and State of New York aged Seventy- Eight Years who being first duly sworn according to law doth on his Oath make the following declaration in order to obtain the benefit of the provision made by the act of Congress passed June 7 th 1832 That he enlisted in the Army of the United States in the Month of September 1776 under Captain Samuel Ransom to serve during the War and served as herein stated. That he resided at Wyoming now Luzerne County Pennsylvania when he enlisted and that he served until July 1778 when Wyoming was taken by the British which he believes was about One Year and Nine or ten months his Officers were Captain Samuel Ransom Lieutenant Simon Spaulding that the Company was called an independent Company had no field Officers to his knowledge of the Continental Line was under the Command of Colonel Mathan Dennis until within a few days of the battle of Wyoming when Colonel Gideon Butler took the Command that his services were rendered at Wyoming except when called out on scouting parties which was a great part of the time That during the time of his service he was in the following Skirmishes etc. That in 1777 does not recollect the months he was sent by Colonel Dennis as a spy to ascertain how many of the Tories had returned from an excursion in which they loined the Indians and attempted to take fort Stanwix. That he went up the Susquehanna River about One hundred miles passed through Wyahusing crossed the river in several places and returned in about six or eight days having found that the Tories had returned from their attempt to take fort Stanwix. Immediately after he made his report to Col. Dennis a detachment of about 300 Men were sent up the River to Shesquoin for the purpose of retaking our men who were taken prisoners from the Tories which Partal Jerry Commanded. That he was one of the party that went in pursuit of the Tories and was one of the Advance guard and that in passing through Break Neck Hills three Tories came in behind us

we took them and delivered them up to the main body he marched as far as Sheshequin and that during this scout he was one of two persons who broke into the house where it was expected that Jerry and the Indian Captain was and he had a personal combat with an Indian in the house and took him and that on the 24th. day of Decmbr 1777 at night the Castle at Sheshequin was taken and about 30. or 40, prisoners which we took to Wyoming, from there they were taken to Hartford in Connecticut. That in June 1778 he was one of a party that started to go about sixteen miles above Jenkins fort on the Susquehanna river to bring away some wheat in stalks that was on a Long's farm That the party went before him and when he came where they were to take Canoes and proceed up the River they were gone and he returned to the fort laboured in building the fort except when he was out in scouting parties That he was in Jenkins fort at Wyoming where he thinks was the 1st of July 1778 when it was surrendered by Captain Stephen Hardin to Col. John Butler Commander of the Indians and Col. Clotho Commander of the British and that he strove not to have them give up the Fort and would not submit to be a prisoner but left the fort before they came in and crossed the river and fled through the woods to Schawawayen about thirty miles from Jenkins fort and from thence he went to Delaware River and crossed to Minisink and went to a Magistrate and gave information of the taking of Wyoming and the situation of Schawawayen and the Magistrate gave out a press Warrant to press teams to go and assist the people at Schawawayen fort to get away
That in June 1781 he enlisted aboard the Private Brig Hancock of 14 Guns for a Cruise at New London Connecticut as a Marine and served three months That during the Cruise they took the Sloop of War Swallow which they drove ashore at Fire Island Inlet in which was some of our men in Irons prisoners which we relieved and the Venus was retaken at the same time which was a prize to the Swallow

That we also took a Schooner from Virginia loaded with Corn going to New York, and that we returned to New London a day or two before that place was burnt by the Enemy and was Dismissed Peter Richards was Captain of the Vessel Nathaniel Richards was Captain of the Marines on board That he was acquainted with Col. Gebulan Butler has seen General Putnam that he never received any Compensation for his service nor any Bounty he was to have Ten Dollars bounty but did not receive it
That he was born at the town of Colchester now New London County State of Connecticut in the Year 1754
That he has no Records of his age
That he never received a written discharge
That he has lived in Richfield Olsego County N.Y. the most of the time since the Revolutionary War that he now resides in Farmerville
That he has no documentary evidence and that he knows of no person whose testimony he can prove who can testify to his service He hereby relinquishes every claim whatever to a pension or annuity except the present and declares that his name is not on the Pension Roll of the agency of any State That Capt. Gordon Henry & Capt. Pely Robbins are Neighbours whom can testify to his Character
Sworn to and subscribed the day and Year aforesaid for truth & veracity and true belief of my service
Sworn & subscribed the day & Year aforesaid Richard Forger Israel Day a Judge

We Gordon Henry & Tracy Robbins of Farmerville
hereby Certify that we are well acquainted with Richard Tozer who has Subscribed and Sworn to the above Declaration that we believe him to be Seventy Eight Years of age that he is reputed and believed in the neighbourhood where he resides to have been a Soldier of the Revolution and that we Concur in that Opinion
Leave to subscribe the day and year aforesaid
Seven subscribed the day and year aforesaid Israel Day a Judge
Gordon Henry Beleg Robbins
And the said Court do hereby declare their Opinion that the above named applicant was a Revolutionary Soldier and served as he states
Shore Icarus the Judys of the Court Dan Allen } of Common Pleas for Israel Day } Cattaraugus County
John W. Stanton Clerk of the Court of Common Pleas for Cattaraugus County do Certify that the foregoing contains the original proceedings of the said Court in the Matter of the application of Richard Woyen for a pension
In testimony whereof I have hereunto set my hand and Seal of Office this fifth day of Oct. 1832
John M. Staunton Esq

In reply to your request of _____, received _____ for a statement of the military history of Richard Tozer a soldier of the REVOLUTIONARY WAR, you will find below the desired information as contained in his (or his widow's) application for pension on file in this Bureau. Ref- 10664
   DATES OF ENLISTMENT OR APPOINTMENT. LENGTH OF SERVICE. RANK. OFFICERS UNDER WHOM SERVICE WAS RENDERED. STATE.   CAPTAIN. COLONEL.     Sept. 76 to July 78 scout + spy. Samuel Ransom Phil. Co- Nathan Dennison Zebulon Miller Conn.   June 81 3 mos. Marine Nathaniel Richards Peter Richards' Brig "Hancock" Captured the "Swallow" British, recd the "Venus" (Ames), + captured a cargo of sugar.  
Battles Engaged in, skirmishes in Wyoming but escaped before the massacre. Residence of soldier at enlistment, Wyoming, Pa- Date of application for pension, Oct 5, 1832 Residence at date of application, Farmersville, Cattaraugus Co., N.Y. Age at date of application, b. in 1754 at Colchester, Conn.
Remarks: This claim was never allowed for the reason that soldier failed to furnish satisfactory proof of service as alleged.
over

Sept. 20 - 1833 - G. W. Billet Esq -
The claims of Rich's Tozer + Wilmot Munson have been examined & resp. - They depose for each other at this time altho upon the presentation of their claims, they declared that they knew of no living witnesses of their respective services and the distrust founded upon this fact is considerably strengthened by their having been born in Wyoming, Pa., rendered same service, & migrated to Cattaraugus Co. N.Y. Neither of their names are found on the rolls of Durkee's or Butlers regts.
The most satisfactory proof of service is required - their papers are placed on file.

State of New York } Cattaraugus County } ss
Wilmot Munson of Freedom in said County being duly sworn before the subscriber a Justice of the peace in and for said County says that he is Seventy nine Years of age - That he resided in Wyoming now Luzerne County in the State of Pennsylvania from the Year 1774 - till July 1778 - That he lived in the neighbourhood of Richard Forster and was well acquainted with him and - that the said Richard Forster enlisted in September 1776 - under Captain Samuel Ransom in the service of the United States - under Colonel Durkee - That this deponent was acquainted with the said Richard Forster - from the time of his enlistment till July 1778 - that this deponent is knowing to the service of the said Richard Forster that this deponent in the Army of the United States during the said time as he frequently saw him - on duty - and further this deponent saith (not
Subscribed & sworn May 29. 1833 before me
George W. Gillis Justice
Wilmot Munson
State of New York } Cattaraugus County } ss.
Richard Forster of Farmersville being duly sworn before the subscriber a Justice of the peace in and for said County deposeth and says that the reason why the said deponent did not obtain a Clergyman to Certify to his Character when he made his declaration to obtain a pension in October last, was that he knew of none in the town or vicinity whom he was acquainted neither is there any at this time in the vicinity whom he knows who can testify to his Character and further this deponent saith not
Subscribed & sworn May 29. 1833 before me
George W. Gillis Justice of the peace
Richard Forster

State of New York } Cattaraugus County }
I John M c Naughton Clerk of the said County do Certify that George W. Gillet before whom the within affidavit purport to have been sworn was at the date — of the same one of the Justices of the peace in and for the said County and that I am acquainted with his hand writing and verily believe his name subscribed thereto to the said affidavit to be his proper hand — writing and signature. Witness my hand and seal of office this 30 th day of May 1833
John M c Naughton, clerk

Pension Office, 18 th Sept. 1854.
Gentlemen,
I would inform you it is contrary to the rules of this Office to inform you as to the condition of the claim of Richard Foye of New York, unless you first file in this Office, a Power of Attorney authorizing your agency.
I am respectfully Your Obt. Servt. L P Waldo Commissioner
Messrs. Cochran & Enloe, Troy Tenn.
Troy Tenn Sept 28/54
S. P. Waldo Esq Sir We know nothing of the matter above alluded to. We have never written to you about the above claim, doubtless this was intended for some body else (over)

We have sent you some claims which we would be glad to hear from.
Respectfully
Your Oble Servt Leochum B. Salton

Frog Sept 4/54
Sir
Will you be so kind as to advise us what has been done with the Claim of James Robinson for want of Pension due the heir of in the right of the heir of George Dud Robinson ADMIRAL of said heir.
Truly
G. Chrast Frog Sun

Richard Hofer

BRIEF objections to the admission of Pension Claims , of which those answered in the negative, in red ink, will apply to the claim of Richard Fager 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  Proof of service required. Privatising not embraced in computing services to entitle applicant to a pension.
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? no clergyman XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it? no 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? no XIV. †If the applicant's name is not found on the rolls of military service, has he produced a witness or witnesses as to his service? no If he has produced direct proof as to service, has the magistrate who administered the oath, certified to the credibility of the witness or witnesses? yes Has the proper officer certified to the official character and signature of the magistrate as the regulations direct? 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? no 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 each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state they served two years in the militia, &c. without specifying the tours; the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must in every case be clearly shewn under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
QUERE XIV.  Proof of Service.
In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses, who are required to set forth in their affidavits the time of the claimants entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
QUERE XVI.  Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other paper authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
In every case where the clerk of the court, or other certifying officer, has no public seal of office, the certificate of a member of congress, proving the official character and signature of the certifying officer, should accompany the papers.

A. S. Esq. Edwards Commissioner of Pensions.

Farnsworth May 31. 1833
R. S. Edwards Esq Sir
Enclosed for  Return You the papers of R. Sorye & M. Munson — — — on making out the Application of Mr Munson last fall at Elliottville I perceived by the relation of Mr Munson that himself and Mr Sorye were from the same place and when the papers were returned I requested Mr. Sorye as he lives in this town to go and see Mr Munson and on seeing him they found they were old Neighbors and had been acquainted with each other for considerable length of time and was knowing to the character of each other & also to their Service I have found them affidavits You will please if You make out their Certificate send them to me
Respectfully Yours
The seals have been prepared prepared according to the instructions on the bills sent back
J. W. Elliot

New York Foster Revolutionary Foster Richard Hughes
Suspended
See letter to
G. W. Gillet
20 Sept. 1833.
Cochran & Enloe 18 Sept. 1834.
10,664
Act 7. June 1832

1908 July 3. Hist. to Mrs. Ida W. Corbin
Acts of July 14, 1862, and March 3, 1873.
10,664
P. O. Richd Bozer
Service: _____
REJECTED
Enlisted: _____, 18
Discharged: _____, 18
Application filed: _____, 18
Alleges: _____
Re-enlisted: _____
Attorney: _____
P. O. _____
_____ Recognized. _____ Contract
_____ Cert. of Dis. Searched for _____, 18

Record Division.
Department of the Interior,
BUREAU OF PENSIONS,
June 27, 1908
Searched by L. D. L.
Original No. _____
Certificate No. _____
Claimant, Richard Tozer Soldier, _____
Service, Reev. War
Remarks: No claim as above except Reg. # 10664

Pension Bureau - War Department, Washington, D.C.
Have you any record of one Richard Tozer, born in Conn. Sept. 2 nd , 1754, who was a soldier in the revolution? If so, will you kindly send me what informa- tion you can, concerning.

ing his service-
Yours Respectfully,
Ida M. Corbin
Akers,
June twenty-fourth, Pa.
nineteen hundred, eight.