Revolutionary War Pension and Bounty Land Warrant Application File R. 11,243, Josiah Weaver, New York Vermont

SERVICE
NUMBER _____
New York Vermont
Weaver, Josiah
W. 11. 243
CONTENTS

Josiah Weaver. Declaration.
10 229
Guard.
Direct to the Care of James Robinson Agent - Elkins Floyd County Ky.

At a Court of Common Pleas held at the Court house in the Village of Elmira in and for the County of Tioga in the State of New York Commencing on the fourth day of September 1832 - Present Hon. Grant B. Baldwin First Judge John R. Dike & Justices Bentley Joseph L. Darling & Elisha Shoemaker
Esquires Judges -
State of New York 63 Tioga County ss On this 4th day of September 1832 personally appeared in open Court before the Judges aforesaid being a Court of record because made so by the Laws and constitution of the State, having by Law a Clerk and Seal Now sitting Josiah Weaver a resident of the Town of Elmira in the County of Tioga and State of New York aged Eighty four years the sixteenth day of June last who being first duly sworn according to Law doth on his oath make the following declaration in order to obtain the benefit of the Act of Congress passed June 7th 1832; that he entered the service of the United States under the following named officers and served as herein stated
That about the first of June in the year 1814 the Militia in the Town of Argyle County of Rutland and State of Vermont and also in that County generally were called upon to furnish two Companies for the service of the United States in the common cause of liberty and this declarant volunteered for three months in the Company commanded by Capt. Seely and under the Command of Col. Mead who then resided

in Rutland aforesaid - That he this declarant together with the said Company were March'd to Bennington in the said State of Vermont and he was in the Battle on the 16 th of August of that year under Gen. Stark in which engagement he received a bullet wound in his left hand which crippled three of his fingers so that they have remained crooked up and useless to the present day - he finished this Campaign of three months and was dismissed - Sometime in the fall of the same year 77 he took his small family a wife and two children and removed on to the North River in the County of Dutchess in the State of New York at a place in the neighborhood of what was call'd the Nine partners - On his arrival at this place he found that the Enemy had the Command of the River and a call was made upon the Militia to guard the Bank of the River at every available point from the said Nine Partners down to Fish Kill a distance of about twenty miles - This declarant volunteered for that purpose he thinks in the latter part of October 77 in the Company of Captain Israel Peal under Col. Vanderburgh which Company he served upwards of two years receiving regular pay and Rations - Another Company men in the same service at the same time under Captain Reynolds and under

the same Col. the Nature of this Service was to guard the Bank of the River so as to prevent the Enemy from the shipping in the River from landing and pillaging the property of the inhabitants along the shore and its vicinity; and also to prevent any intercourse of the Tories with them with which this region was very much infested In this service he continued without any special engagement as to the length of time till the beginning of the winter or the month of December in the year 1779 when he was dismissed - He then removed with his family to Half Moon Point in the now County of Saratoga but then County of Albany and about ten miles above the City of Albany at which place he continued to live upwards of thirty years but instead of getting beyond the seat of war he found he was getting more and more into it - at this place he immediately volunteered in the Company of Capt Joshua Taylor and under Col. Van Schoonhoven for one year which he completed about the first of January in the year 1781 when he was dismissed from any further service - During this last year service he was stationed most of the time at Half Moon aforesaid on guard and sentry except in the summer of 1780 he performed an expedition under Capt. Taylor to Lake George where we staid about one week and returned -

That he has no documentary evidence of his said services and that he knows of no person whose testimony he can procure who can testify to his said services
And in answer to the several interrogatories put to him by the Court he says that he was born in the Town of Wickford in the State of Rhode Island on the 15 th day of June in the year 1748; that he had a record of his age which he took from his parents record and placed it in his family Bible when he was young; but about five years since it got burnt with his dwelling house and he has now no record but his memory which he believes is correct and is as above stated - that when he first entered the service of the United States he lived in the town Clarendon, County of Rutland and State of Vermont; that at the close of the Revolutionary War he lived in the town of Half Moon, in the County of Saratoga and State of New York and lived there for the space of about thirty years - then lived about fourteen years in the Town of Dryden, County of Tompkins and State last mentioned and for the last five years or since his house was burnt he has had no permanent place of residence and that he now lives in the Town of Elmer aforesaid - that he went into the service at the several times above stated as a volunteer - that while in the service aforesaid he was acquainted with Gen. George Clinton - he was along

in the expedition to Lake George already mentioned - he was also acquainted with Gen. James Clinton - but his recollection of any other Troops or Regiments than those already mentioned is very indistinct - That he never received any paper discharge from the service - That he would refer to the Hon. Thomas Maxwell, Elijah Jones and the first Judge of this Court all of Elmira aforesaid as persons who are acquainted with his reputation for the good standing of truth and veracity and for their belief in the truth of the foregoing declaration.
That 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 Sworn to & subscribed the the day & year aforesaid Josiah his Weaver mark Green M. Tuttle Clk
We Christian Gretsinger a Garryman Residing in Elmina and Josiah Dunham Residing in the same town - hereby Certify that we are well acquainted with Josiah Weaver who has subscribed and sworn to the above declaration; that we believe him to be right four years of age; that he is respected and beloved in the neighborhood where he resides and have been a soldier of the Revolution and that we concur in that opinion - Sworn & subscribed the day & year aforesaid Christian Gretsinger Green M. Tuttle Clk of Seneca Co Josiah Dunham

And the said Court do hereby declare their opinion after the Investigation of the matter and after putting the interrogatories presented 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 Christian Greatsinger who has signed the preceding certificate is a clergyman resident in the Town of Elmina and that Josiah, Dunham who has also signed the same is a resident in the same Town and is a credible person and that their statement is entitled to credit.
Omit J. B. Baldwin First Judge
I, Green M. Luthill, Clerk of the Court of Common Pleas aforesaid do hereby certify that the foregoing contains the original proceedings before the said Court in the matter of the application of Josiah Weaver for a pension —
In testimony whereof I have hereunto set my hand and seal of Office this 10th day of Sept r 1832.
Green M Luthill

No. 10,228
BRIEF in the case of  Isiah Weaver of Elmer  County of Tioga  in the State of New York  (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge? Before a Court  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?  3. How old is he? Eighty four years, 84  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.     On or about 1st June Volunteered in 1777 — 3. — private Gen. Col. Meigs, Brig. Belmont troops, Capt. Seely's Comp. Gen. Stark.   Volunteered; at in the latter part of Oct 1777 2 and upwards — Col. Vanderberg, Capt. Israel Beal.   volunteered immediately after above service 1 — Col. Van Schoonhoven, Capt. Joshua Taylor.  
5. In what battles was he engaged?  Bemington, in which he was wounded
6. Where did he reside when he entered the service?  Clarendon, Rutland Co. Vt. & Mine Patney, Dutch Co. New York
7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls? his tradition is supported by the affidavits of a Clergyman and another Respectable Citizen of the same Town whose credibility is vouched by the Court
8. Are the papers defective as to form or authentication? and if so, in what respect?  No
I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
Chas. G. Wilcox Examining Clerk.

No. 10,228 India to Craaver
New York Rolls -
25. Sept. 83 6. Dec.
16
James Robinson Elmira Tioga Co N.Y.
P 135.

Wars Section AWF/eel
June 24, 1929
Mrs. R.O. Bothfels 238 Seventy-fifth Street Brooklyn, New York
Madam:
I advise you from the papers in the Revolutionary War pension claim, R.11243, it appears that Josiah Weaver was born June 16, 1748, at Warwick, Rhode Island.
While residing at Clarendon, Rutland County, Vermont, he enlisted in June, 1777, and served three months as a private in Captain Seely's Company, Colonel Mead's Vermont Regiment and was in the battle of Bennington, where wounded in his left hand.
He stated that in the fall of 1777, he moved with his wife and two children (their names not given) to North River, Dutchess County, New York, and from in October, 1777, served two years under Captain Israel Veal and Colonel Vanderburg with the New York Troops, guarding the banks of the river to prevent the enemy from landing; in 1779, moved to Half Moon Point, Albany County, New York, and served one year under Captain Joshua Taylor and Colonel

Van Schoonhover and was on guard duty at Half Moon.
He applied for pension September 4, 1832, while residing at Elmira, Tioga County, New York.
The claim was rejected on the ground that the soldier failed to render six months actual service in an embodied corps, the three year service constituted patrol duty which was not embraced in the Act of 1832 under which he applied.
There are no further data as to family.
Respectfully,
EARL D. CHURCH Commissioner.

Posiah Weaver (New York) Act 7. June 1832
Suspended see Letter James Robison January 7. th 1833—"
11243

238. Seventy fifth Street Brooklyn, N.Y.
Bureau of Pensions Department of the Interior Washington, D.C.
Honorable Sir:-
I would like the War Record (1776) of a Josiah Weaver, who was born in Warwick, R.I. June 16, 1748 and died Jan 30, 1841 probably in New York State
Tradition

Says that he served in the Revolutionary War from Vermont and New York States.
Respectfully Yours
Anne Slater Bothfeld
Mr. R.U.
Feb. 15, 1929.

(MF 42)
Date Sept. 6 '23
Name Josiah Weaver Rev.
No. R. 11213-160-50
Photographic copies wanted of 1 pieces, consisting of 5 pages.
Remarks: make 2 negatives of each of the 5 pages = 10 photostats
Ext. A.E. Wilson
REV WAR SECTION Chief
Serial No.
Low Clerk.
Copies handled Sept 12, '23 See report of p.m. Clarkson Bullock B.S. MF 42 160-50 1572

REJECTED
11,243
P. O.
Josiah Weaver
Service: _____
Enlisted: _____, 18 .
Discharged: _____, 18 .
Application filed: _____, 18 .
Alleges: The printed list of 1852 gives cause of suspension as follows:
Re-enlisted: he alleges 3 yrs. service as a guard + duty - not military service under a regularly organized corps.
Attorney: _____
P. O. _____
_____ Recognized. _____ Contract.
_____ Cert. of Dis. Searched for _____, 18 .

1917 Aug. 15 Hist. to Mr. Lucius E. Fraser. Letter in S.F. 43280 Edward Fraser. 1918 Nov. 18 Hist. to Edward Fiedler. 1923 Sept. 12. Copies Photo mailed to Walter H. Powers 70 E. 45 St. New York City. (see receipt for pay- ment in P.L. Wf 19753-160-508 Clarkson Croluis, 1812) aw. 1929 June 24. Hist. to Mrs. A. C. Bothfels awz.

Record
7 Jany 1833
06
P. 219
Recorded Vol. 8. Page 210.

Clark Dept
Pension Off
Jany 7 th 1833
Sir.
The declaration of Josiah Weaver alleges term of three years service under two engagements which he characterizes by the term of 'guard & sentry' duty without showing that he rendered any service in field or garrison in a corps called out, embodied & commanded by competent authority. The Act of 7. June 1832 provides for an actual service only. The services  duties performed by militia & volunteer companies in guarding the neighborhood constitute a patrol duty which is not embraced by the Act. This last is deemed to have been the character of the service of the above claimant in the three years alluded to; & the other alleged military service in the field is insufficient to entitle him to a pension. His claim is therefore suspended & his papers placed on file.
Recd. file D. 29. 1832 act T. June
J. Robinson Esq Elmira -

DEPARTMENT OF THE INTERIOR,
BUREAU OF PENSIONS.
R. 11.243
Washington, D. C., _____, 19_____
In reply to your request of _____, received _____ for a statement of the military history of Joseph Keener 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.
   DATES OF ENLISTMENT OR APPOINTMENT. LENGTH OF SERVICE. RANK. OFFICERS UNDER WHOM SERVICE WAS RENDERED. STATE.   CAPTAIN. COLONEL.     June 1777 3 mos. Pvt. Seely Head Vt.   Oct. 1777 2 years Israel Wheat Vandenberg N.Y.   Dutchess Co. N.Y. guarding banks of river to prevent the enemy from landing.   1780 1 year Joshua Taylor Van Schoonhoven   Albany Co. N.Y. stationed at Half Moon on guard & duty  
Battles engaged in, Burlington where he was wounded in left hand. Residence of soldier at enlistment, Belmondon, Rutland Co. Vt. Date of application for pension, Sept. 4 1832 under Act June 7 1832. Residence at date of application, Albany Co. N.Y. Age at date of application, born June 16 1748 at Haverick R.I.
1832 1884 1748 Remarks: He stated that in the fall of 1777 he moved with his wife and four children to North River, Dutchess Co. N.Y. near Stone Portage and in 1779 moved to Half Moon Point Albany Co. N.Y. where he lived upwards of 50 years.  The act was applied on the ground that soldier failed to render 6 months actual service in an organized corps as required by the Act of June 7, 1832. The three years service constituted patrol. Respectfully, duty which was not embraced by said Act,
Commissioner.

✓ 3 of stamped envelope enclosed - Rev. Aug 17 R.W. S/B
Westminster, Erie, Pa. 11/8/1918.
U. S. Pension Office, Washington, D. C., Gentlemen:-
I am desirous of becoming a member of the D. A. R., and to confirm my application the organization requires me to supply them with a certificate from your office to prove that my kinsman Josiah Weaver received a pension by reason of his service in the Revolutionary War. This evidence appears upon your Pension Records Reference "R" 11.243.
I would be greatly obliged if you would supply me with this necessary certificate, and if you will advise me what the expense is I will remit amount to cover.
Thanking you for your consideration I am, Yours respectfully,
Maud Feidler