Revolutionary War Pension and Bounty Land Warrant Application File R. 11,288, Abraham Weitsel, Va.

SERVICE
NUMBER
Va
Weitsel, Abraham Weitzel
12 11 288
CONTENTS

State of Virginia Augusta County to wit
This day Abraham Witzel personally appeared before the subscribers a justice of the peace in and for said county of Augusta and made on the according to law that heretofore to date in the year 1832 he made his declaration in order to obtain the benefit of the act of Congress passed on the 7 th of June 1832 in which he set forth his services as well as he could remember them, in the manner prescribed by the War department, but in conversation with his sister Elizabeth Farber since he has ascertained from her, as appears from her affidavit heretofore transmitted that he was mistaken as to the length of time he served, this mistake has arisen from the loss of memory consequent upon his age (being seventy five years old last August) and ill-health with which he has been greatly afflicted for ten years past. He cannot now swear positively as to the length of time he served but to the best of his belief thinks it was not less than six months. Given under my hand this 16 th day of Sept 1835.
Augusta County to wit.
John C. Sowers J.P.
I John C Sowers a justice of the peace for said county of Augusta the same before whom the above affidavit of Abraham Witzel was this morn to do certify that I have known the said Abraham Witzel for many years and that he is a man of truth and integrity.
Given under my hand this 16 th day of Sept 1835
John C Sowers J.P.

Augusta County to wit
This day personally appeared before the subscriber a justice of the peace for the county aforesaid Elizabeth Finken and being from Green and under oath according to law that she is the sister of Abraham Witzel her maiden name was Elizabeth Witzel. That she well remembers that her said brother Abraham Witzel left home on two terms of militia duty in the war of the rebellion, on the first term she states that he left home in the early part of the month of December 1880 and did not return until late in the month of March 1881. In the month of June following her said brother was again drafted and marched, and was gone until some time in October. The said Elizabeth Finken states that she prepared her brother's clothing & for both of the above terms of duty and feels very confident from her recollection of the fact that said the length of time she has above set forth, and further she states and given under my hand this 20 th day of Sept 1885.
John Porterfield
Augusta County to wit
I John Porterfield a justice of the peace for the county of Augusta do hereby certify that I have been well acquainted with Elizabeth Finken who made the above affidavit before me, and that she is a woman of truth and integrity. Given under my hand this 20 th day of September 1885.
John Porterfield

I Alexander St Clair deputy clerk of the county court of the county of Augusta in the state of Virginia do hereby certify that John C Sowden and John Porterfield are acting justices of the peace for the county of Augusta duly commissioned according to law and that their signatures to the annexed affidavits of Abraham Witzel and Elizabeth Foubert purporting to be theirs are each genuine - In testimony whereof I have hereunto subscribed my name and affixed the seal of my office the 25 th day of Sept. 1825
A. St Clair D.C.C.

E Abraham Weitzel's Statement.

62
Abraham Weitzel
- 19024
✓

Virginia
Augusta County to wit.
On this 33 rd day of Oct 1832 personally appeared  in open court before the Justices of Augusta County now sitting Abraham Weitzel a resident of the County & State aforesaid aged seventy two years, who being first duly sworn according to law doth on his oath make the following declaration, in order to obtain the benefit of the act of Congress passed the 7 th day of June 1832.
That he was born in the county of Lancaster in the state of Pennsylvania on the 6 th day of August 1760 as appears from a record of his age now in his possession.
That at the age of 17 years he removed to Shenandoah County Virginia where he continued to reside until the close of the revolution after which he removed to the County of Augusta Va where he has resided ever since.
That as one of the Shenandoah militia he was drafted sometime in the early part of the year 1780 and marched from the county aforesaid to Culpeper Court House under the command of Captain Bell. At Culpeper Court House the troops were discharged and returned home, after remaining at home for a short time his term of service not having expired he was again ordered out & marched to Falmouth under the same Captain after remaining at Falmouth about 2 weeks the militia were discharged & returned home. The whole time he continued in service was about 5 weeks during his first & second tour under the same draft.
He further states that in the year 1781 he was again drafted from the same County from whence he marched about the 1 st of July in the same year to the head quarters of Genl Stevens at Tinkling Spring about 10 miles above Williamsburg. The time he served was about 3 months. He further states that he was attached to the 2 nd Regt Battalion

of Virginia Militia, the bold name he does not now recollect, the majors name was Welch He did not receive a written discharge from the service in either case.
He further states that Peter Wetzel & Christian Fautner is well acquainted with the fact that he actually served the term of duty above set forth during the war of the Revolution.
He hereby relinquishes all claims whatsoever, to any 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 This day 2 years first above written his mark Abraham Wetzel
I Peter Wetzel do of my own knowledge know that my Brother Abraham Wetzel did serve two terms in the war of the Revolution as above set forth & that he is seventy two years of age as he states Sworn to & subscribed in open court this day 2 years first above written And me Christian Fautner is well acquainted with the applicant Abraham Wetzel and that is his opinion as well as that of his neighbors that the said Abraham Wetzel served as he states & he further testifies that he is a man of good character & any statement which he may make can be relied upon
Sworn to & subscribed in open court this day 2 years first above written his mark Peter Wetzel Christian Fautner
And the said court do hereby declare their opinion after the investigation of the matter & after propounding the interrogatories prescribed by the war department that the above named applicant was a soldier of the Revolution & served as he states & the court further certify that they are acquainted with the said Abraham Wetzel the applicant and Christian Fautner & Peter Wetzel whose testimony is above set forth that they are all residents of Augusta County & state of Virginia an respectable & credible & that any statement made by them may be relied upon.

State of Virginia
I, Jefferson Kinney, Clerk of the Court of Augusta County, do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Abraham Weirick for a Pension. In witness whereof I have hereunto set my hand & affixed my seal at Staunton this 20 th day of December 1832 in the 57 th year of the Commonwealth.
Jefferson Kinney C. Clerk.

N o 19021
Abraham Nitzel Augusta 6 o Virg a
Refused do not serve 6 Months
Jefferson Stearns 6th Shawton

WAR DEPARTMENT,
Pension Office,
183
Sir:
The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in a tabular form. On comparing these papers with the following rules and the subjjoined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will shew what is necessary to be done. These points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus: { ). You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your claim.
A Statement, shewing the Service of Peter Mitzel Augusta 6 th V th
   Period when the service was rendered. Duration of the claimant's service. Rank of the claimant. Names and Rank of the Company officers under whom he served. Names and Rank of the General and Field officers. Battles in which the applicant was engaged. Country through which he marched. Place of abode when he entered the service, and age at the present period. Evidence by which the declaration is supported.   Years. Months. Days.     Aug 1780 about 21 Private Capable Genl. Greene Calypso Shenandoah 6 th V th 73 Peter Mitzel for 2 years time on a stand   " about 14 2 nd Brade Salisbury Christian Fanta   Aug 1781 about 0 near Bunker Springfield is only tradition   Newburg any  
I am, respectfully,
Your obedient servant,
J. L. EDWARDS, Commissioner of Pensions.

REGULATIONS UNDER THE ACT OF JUNE 7, 1832.
The following regulations have been adopted:
This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army, and to include under the terms "Continental Line," "State troops," "militia," and "volunteers," all persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, &c. Teamsters, Boatmen, &c. Persons who served on board of Private Armed Vessels are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service.
Four general classes of cases are embraced in this law:
 1. The Regular Troops.  2. The State Troops, Militia, and Volunteers.  3. Persons employed in the Naval service.  4. Indian Spies. 
As rolls of the regular troops in the Revolutionary War exist in this Department, all persons, claiming the benefit of this law as officers, non-commissioned officers, musicians or privates, will in the first instance, make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides. And every Court having by law a seal and Clerk is considered a Court of Record.
DECLARATION,
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
State, Territory, or District of } ss. County of }
On this day of personally appeared (a) before A. B. a resident (b) of in the county of and State, Territory or District of aged (c) 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 7th, 1832. That he enlisted in the Army of the United States in the year (d) , with and served in the (e) regiment of the line, under the following named officers:
[Here set forth the names and rank of the Field and Company Officers, the time he left the service; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers;) the town or county and State in which he resided when he entered the service; the battles, if any, in which he was engaged, and the country through which he marched. [This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.]
He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of
Sworn to and subscribed the day and year aforesaid.
A. B.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states.
I of the Court of do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of for a pension.
In testimony whereof I have hereunto set my hand and seal of office (i) this day of &c.
If, on examination of the proper record the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out.
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz:
(k) We, A. B., a Clergyman, residing in the and C. D. residing in (the same) hereby certify, that we are well acquainted with , who has subscribed and sworn to the above declaration; that we believe him to be years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.
Sworn and subscribed the day and year aforesaid.
[And then will follow the certificate of the Court.]
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 A. B. who has signed the preceding certificate is a clergyman, resident in the
and that C. D., who has also signed the same is a resident in the and is a credible person, and that their statement is entitled to credit.
I, Clerk of the Court of do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this day of &c.
Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction.
If such surviving witness cannot be found, the applicant will so state in his declaration (l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his alleged service, as they are known at the Department. A very full account of the services of each person.

will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County, in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.
The Court will propound the following (m) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.
 1. Where and in what year were you born?  2. Have you any record of your age, and if so, where is it?  3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?  4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom?  5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services.  6. { To a Soldier. } Did you ever receive a discharge from the service, and if so, by whom was it given and what has become of it? { To an Officer. } Did you ever receive a commission, and if so, by whom was it signed, and what has become of it? 
7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution.
The Court will see that the answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant.
The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons -one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion. If one of these persons is a Clergyman, the Court will so certify, and they will also certify, to the character and standing of other persons, giving such certificates.
The traditional evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party. And the Courts are requested to be very particular in the enquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
Applicants unable to appear in Court by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court.
Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature.
No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.
[a] The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance.
[b] The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not conforming to the rule.
[c] The age of the claimant must invariably be mentioned.
[d] The declarant must mention the period or periods of the war when he served.
[e] Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had. Every claimant must state, 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. 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 that they served two years in the militia, &c. without specifying the tours, the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must, in every case, be clearly shown under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
[f] The law makes the relinquishment indispensable.
[g] The opinion of the Court is always required.
[h] The Clerk must give his certificate in every case.
[i] The Clerk must affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he 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.
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 papers 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.
Proof of Service.
[j] 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 claimant's 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.
[k] The notes from [a] to [i] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in note [j] applies to continental troops only.
[l] This traditional evidence is indispensable in militia cases.
[m] If a witness cannot be found, the declarant must state the fact.
[n] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.

Rev. and 1812 Wars Section AWF:MLB
October 27, 1930
Mrs. Frank P. Dickson 217 W. Armour Boulevard Kansas City, Missouri
Dear Madam:
You are advised that it appears from the papers in the Revolutionary War pension claim, R. 11288, that Abraham Weitsel or Weitzel was born August 6, 1760 in Lancaster County, Pennsylvania. When eleven years of age he moved to Shenandoah County, Virginia.
He applied for pension November 23, 1832, at which time he was living in Augusta County, Virginia and stated that he served in 1780 about five weeks in Captain All or Ell's Virginia company; and that he served from July, 1781, three months under Major Welch.
His claim was not allowed as he did not render six months service as required by the pension law.
There is no reference to either wife or children.
Very truly yours
E. W. MORGAN Acting Commissioner -

1930-Oct. 27- Hist. to Mrs. Frank Dickson along.
Adm. July 15, 1917 - March 5, 1919
11288
P. O. Abraham Weitzel
Service: REJECTED
Enlisted: _____, 18
Discharged: _____, 18
Application filed: _____, 18
She printed list of 185-2 shows reasons for rejection
Alleges: "He did not serve"
Re-enlisted: six months"
Attorney: _____
P. O. _____
_____ Recognized. _____ Contract
_____ Cert. of Dis. Searched for _____, 18

Act 7. June 1833
Repeated
See letter of May 1833
To
Jefferson Fleming
Shawton
Virginia
W. C. Hardy
Oct 9. 1835
11288

Charly Kenny Oct 9 1972 OL
Rec Vol. 40. pa 340

Dear G. Allen D.O.
Oct 9. 1891
Sir.
The order that Mr. McIntosh served longer than he himself alleged is not satisfactory. The certainly would be most better able to fix upon the duration of his first term of service, than his wife. And if you had no complaint in memory ten years ago, the reason was that he was unable to do it, a similar difficulty it would be expected would attend his wife at any rate . She being now a doll as he was then. There can be no good reason for supposing he served for the full period of six months.
I am
Very sincerely Yours G. Allen D.O.

E.H. BRADY MANAGER
A TRANSIENT AND RESIDENTIAL HOTEL OF DISTINCTIVENESS AND REFINEMENT
HOTEL BELLERIVE
ARMOUR AND WARWICK BLVDS. KANSAS CITY, MO.
Oct 10 - 1930
Commissioner of Pensions Washington D. C.
Dear Sir, --- In Virginia Historical Magazine Vol 7- P. 29, is listed Abraham Witzel , Shenandoah, Revolutionary War, kindly assist me, and send me his record if any in your care, or any data of him or family. Thanks for courtesy and trouble.
Very Sincerely (Mrs. Frank P.) Emily A. Dickson 217 W. Armour Blvd.

Jefferson Munney
9. May. 1833.
Ob.
claim of — Abraham Wirtzel. rejected.
Rec. vol 25
Page 60.

War Dept. Pension Office 9. May. 1883.
Sir:
The case of Abraham Westgel has been examined. - The act of 7 June 1882 under which he claims a Pension re-garding six months actual service as the shortest period for which a Pension can be allowed. As the declarant alleges to have served less than six months, his claim is rejected, and the papers are retained on the files of this Office.
Very Re- S. H. E.
Jefferson Kinney Esq Hannibal, Augusta Co W. Va.