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Johannes (John) Weaver served as a Drummer & Private in Col. Peter Bellinger's 4th Regiment, Tryon County New York Militia. John’s pension file is 55 pages long and is the tale of a long, drawn out legal battle to receive a pension. Unfortunately for John, the pension was only granted to his wife Sarah after his death.
Revolutionary War Pension File (W.11.751):
WEAVER, John; Sarah
Certificate of Pension #33.058 - New York; John Weaver of ___ in the State of ____ who was a Private in the ____ commanded by Captain ____of the ____ commanded by ____ in the ____ line for Revolution, Inscribed on the Roll of Albany at the rate of 30 Dollars ---- Cents per Annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 19 day of Sept. 1852 and sent to - S. Godwin arrears to the 4th of Present semi-annual allowance ending ____
{Revolutionary Claim}
{Act June 7, 1832}
Recorded by R McRae Clerk,
Book E(2?) vol. 4 Page 83
Rev WIDOW, &c.
File No. 11751
Sarah Weaver
Wid of
John Weaver
Priv Rev. War
Act: Febuary 3rd, 1853
Index: -- VOl. [BN?], Page 320
State of New York
County of Herkimer ss:
Nicholas Myers of the town of Utica in Oneida County, aged Eighty-two years and upwards, being duly sworn and examined doth depose and say, that during the revolutionary war (when not on military duty) he resided in the town of German flatts in the county of Tryon in said State, and served in the company of Militia in the beat to which he belonged, commanded by Captain Harter and other officers of said militia. That he also served in the Company of Batteaumen, fatique-men, and laborers commanded by Captain Samuel Gray, who hailed from the neighborhood in which the Deportment resided. That said samuel Gray made the greater part of his enlistments in the County of Tryon aforesaid -- that such enlistment commenced on or about the first day of January 1780 + were continued for two or three months or until the required compliment were engaged, and the term on period of enlistment was twelve months or until the 1st January 1781.
This Deponent was during said war well acquainted with John Weaver --- who resided at Herkimer now so called formerly German Flatts in said County of Tryon and this Deponent well remembers that said John Weaver -- enlisted into said company of Batteaumen commanded by said Captain Samuel Gray the precise day of the enlistment of said John Weaver this Deponent can not recollect, but knows it was previous to 1st march 1780, and that he served out the full term of his enlistment, or until the full end + termination thereof.
And this Deponent further saith that said company of Captain Gray did service on the Mohawk river during said year 1780.
Subscribed + sworn this Nichl. (his X mark) Myers
30th day of August 1841
and I certify that said
Nicholas Myers is a credible
witness --
Timothy I(?) Campbell a Justice
of the Peace
in + for said County of Herkimer
State of New York
Herkimer County ss: I Ervin A. Munson
Clerk of the County of Herkimer so certify that Timothy
Campbell Esq. was on this day of the date of the above [?] + certificate a Justice of the Peace in and for the County of Herkimer duly elected and qualified + that I am well acquainted with his hand writing + surely believe the above signature purporting to be his is genuine -- (?) where of I (?) hereunto act my hand + affix this seal of said county April 27, 1849
E. A. Munson Clerk
Revolutionary War Pension File (W.11.751):
In the matter of the application of John Weaver for a pension
- under the act of 7th June 1832; Declaration No. 2
State of New York
County of Montgomery ss:
On this 2oth day of March 1847, personally appeared in open Court before the Judges of the County Courts held in the aforesaid County John Weaver (or Weber) of the Town of St. Johnsville in the said County, aged Eighty-five years and having 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 papers 7th June 1832.
That he served in the war of the revolution in manner and for the terms and under the officers herein after stated.
That he resided before and during the war of the revolution when not on duty with the US troops, at German - Flatts in the now County of Herkimer in said State. That he was born in said town of German-Flatts now town of Herkimer in said County of Herkimer N.Y. After said war he removed to Greenbush in the now County of Rensselaer in said State. After residing in said town of Greenbush for five or six years he moved to Pussen-Kill [Poestenkill?] in said County of Rensselaer. It was here that he married about fours years after the close of the said war - his oldest Child Betsy or Elizabeth being now fifty-eight years of age. He afterwards moved to Montgomery County aforesaid and resided for several years in the towns of Ephratah and Oppenheim in said County, now within the bounds of the County of Fulton ( a County recently cut off from the northern bounds of said County of Montgomery). For the greatest par of the time during the last forty years he has resided in said town of Oppenheim in said County of Montgomery N.Y.
And this declaration further saith [says], that the first service, if he recollects right, which he rendered in said war, was with a detachment of Militia from the Military Beat to which he belonged, under the command of Captain Gitman (or Kitman) detailed to perform fatigue duty. The duty performed was the erection of fortifications at Herkimer where the village of Herkimer (in the town of herkimer, Herkimer County) now stands. They commenced operations very early in the season, the Declarant cannot call to mind or specify, but the history of the times will fix it - when they commenced the snow was hardly melted of the preceding winter, say in the beginning of the month of April. This detachment was engaged daily thereafter until the middle of August Then following (harvest time) when an express came that Brant was coming with a party of the British and tories to make a decent on the frontier settlements of New York State on the North - a battle took place the next day after the arrival of the express - after this battle, Declarant did garrison duty till sometime in the fall of the same year at Fort Herkimer on the Dayton. The whole term of his service in this engagement above described was at least or exceeding six months - and he was constantly on duty as aforesaid except for the few days he was employed with others in gathering in the harvests. His father + brother Nicholas Weaver + Frederick Weaver served in the same detachment with him. His other Commanding Officers besides Capt. getman before named, were Colonel Peter Bellinger, Captain Frederick Moyer (or Myer) and Michael Myers who held some rank Declarant cannot now recollect, unless it was that of Commissary
The next service rendered by this Declarant (and he is not clear in his mind but that it may have been the first) was for a term of three months as a Drummer at said Fort Herkimer under said Captain Moyer as Commandant of the same. Many of the inhabitants living in his neighborhood had taken refuge in said fort for protection from the enemy. Being lame, Declarant was engaged in another tour as a Drummer for the term of five months at Fort Plain and for apart of the time at Fort Plank under command of Captain Lawrence Gross and the other officers whose names Declarant cannot now recollect. This term of five months was a continuous service, + spent in the performance of garrison duty, except when aiding the farmers to bring in their harvests.
His next tour of duty was for the term of five months as a Drummer at Fort Paris in Stone-Arabia, under the command of Captain afterwards major Fink, and Captain Grey + other officers whose names he cannot distinctly recollect while thus rendering garrison duty, he engaged in no civil pursuit whatever except as aforesaid.
Declarant also served under other officers besides those above named + at other places + for other terms, but owing to old age and defect of memory consequent thereon, he cannot possibly recollect or specify the details of such service except that he served for at least nine months under Captain Samuel Gray in his Company of Batteaumen, fatigue men and laborers in the year 1780. The time of his enlistment was early in the spring.
And this Declarant further saith, that the following are the names of some of the regular officers whom he knew or who were with the troops where he served and such continental and Militia regiments or Companies with which he served or can recollect viz Captain Ittig Colonels Marinus Willett, Goosen, Van Scharick, Fisher, Clook, Colonel Harper, General Van Rensselaer Col. Weisenfelt + others.
This declarant never received any written discharge from the service he rendered in any one of the towns, encampments or expeditions in which he participated as aforesaid, and has no documentary evidence and knows of no person whose testimony he can procure who can testify to his service, except those whose affidavits are hereto annexed or accompany this Declaration + he has made diligent search to find such witnisses.
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, and this application for a pension is the first he ever made.
And he further declares that the reason why he has never heretofore asserted his claim for a pension is because in the first instance after the law under which he now claims had passed, it was several years before he became cognizant of the fact that such law had passed, being uneducated and living in the backwoods at a distance from the public thoroughfares. As soon as he became acquaintee with the existance of such law, he applied to several persons to prepare his papers, but they declines without out a fee, which his poverty prevented him from giving. More than 8 years ago afterwards he applied to McGiles or Yates of the City of Schenectada who took down a memorandum of his services and promised to call upon him at his residence in Montgomery County N.Y. to see further about the matter but he never did so alledging in his correspondence afterwards had with Declarant on the subject from time to time that it was highly inconvenient for him to do so yet he collected some proofs of Declarants services from time to time as he stated. And further Declarant cannot say.
Inscribed and sworn to the day + year John (his X mark)
Weaver
first aforesaid in open Court as
aforesaid [signature of Clerk]
And the said Court do hereby declare their opinion after an investigation of the matter, that the above named applicant John Weaver was a revolutionary soldier and served as he states, and believe him to be over Eighty-four years of age.
I [Clerk's name] Clerk of said County, do hereby certify
that the foregoing contains the original proceedings of the said
Court in the matter of the application of John weaver for a pension.
In testimony whereof I have hereunto at my [?] of office, this
Sixteenth day of March One Thousand Eight Hundred + forty seven
[signature of clerk]
Brief in the case of John Weaver of N.Y. Act June 7, 1832
Weaver declares for much service in the Militia, but as there is no proof to sustain his declaration in this particular. I need only mention the service for which I allow him. ----
He states that in the early part of the Spring of 1780 he enlisted in the Batteau Service under Capt Sam'l Gray and served at least nine months. ---- There are in the possession of this office two Rolls of Capt. Gray, one without date headed "List of Capt. Saml Gray's Co. of Batteaumen + Dates of Enlistment." On this Roll John Weaver's name is found and opposite it 5 Jany, Another dated 29 Feb. 1780, Pay Roll of Capt. Gray, giving names + dates of enlistment. Upon this is found the name of Jno. Weaver, Service 25 days, enlisted 5 Feb. 1780 --- Now it is evident that these Rolls are Monthly Rolls, that Weaver served 25 days in the month of Feby, there is no length of service on the first Roll [mentions?], and no date. Whether the Roll was for '80 '81 or '79 does not appear. ---
The proof of service and identity is Nicholas Myers, who is a pensioner and is pensioned for this very service. He swears that Weaver enlisted before March 1780 (one of the Rolls shows he enlisted 5 Feby 1780) and served until late that year. ---
Myers in his declaration claims for the identical service, The two declarations so nearly account in the particulars of this service that I am constrained to believe the claim a good one and shall accordingly admit it for nine months.
(See case of Cornelia Myers widow of Nicholas Myers of NY
admitted under Act of 2 Feby 1848 No. 846) [see Myers affidavit
above] [signature unreadable]
Affidavit of Nicholas Mier in support of the declaration of John
Weaver. He swears that Capt. Sam'l Gray (Batteau) made his enlistment
from about the 1st Jan '80 for 3 months to serve a year -- He
knows that Weaver enlisted before March '80
We the undersigned residing in the town of Epratah in the County
of Fulton in the state of New York, do hereby certify and attest,
that we are and have been for about thirty years past, well acquainted
with John Weaver now an applicant for a pension __ that he has
resided in the neighborhood in which we live for about thirty
years or more we believe him to be eighty five years of age, that
he is reputed and believed to have served in the war of the revolution
as a soldier, and we concur in that opinion.
Wm Lassells
Henry Countrymein [?]
on the eighteenth day of March 1847, personally appeared before me the undersigned, William Lassell and Henry Countryman above named who have signed the above certificate and they made oath that the facts set forth in said certificate are true according to the best of their knowledge + belief and I certify that said certificate or statement made by said Deponents is entitled to full credit.
Jacob J. I. Klock Justice of
the Peace J.P.
in and for said county
State of New York
Fulton County Clerk's Office
I Stephen Wait Clerk of said
County do hereby certify that Jacob J I Klock Esq before whom
the foregoing certificate sets forth that Wiliam Lassell + Henry
Countrymen were sworn, at the date of the (?) Justice of the Peace
in + for said County and legally authorized to act as (?), And
that I am well acquainted with his hand writing + (?) believe
his name to said certificate ... this 22nd day of march AD 1847
We the undersigned residing in the Town of Ephratah in the County
of Fulton in the state of New York, do hereby certify and attest,
that we are and have been for about thirty or forty years past,
well acquainted with John Weaver now an applicant for a pension
__ that he has resided in the neighborhood in which we live for
thirty years or more we believe him to be eighty five years of
age, that he is reputed and believed to have served in the war
of the revolution as a soldier, and we concur in that opinion.
William Hutchinson
Philip Kring
On the 18th day of March 1847 personally appeared before me the undersigned Philip Kring and William Hutchinson above named who have signed the above certificate and they made oath the the facts set forth in said certificate, are true according to the best of their (?) + belief and I certify that said certificate or statement made by said deponents is entitled to full credit.
* note the above word Jacob J. I Klock Justice of the Peace in and for said
Oppenheim was erased, county
the word Ephratah interlined
before execution
Jacob J. I Klock Justice
State of New York
Fulton County Clerk's Office
I Stephan Wait Clerk of said
county do hereby certify that Jacob J. I Klock whose name is subscribed
to the foregoing certificate of affidavit was at the date thereof
a Justice of the Peace in and for said County ... this 22nd day
of March 1847
State of New York, Fulton County:
Be it known that before me the [?] a Justice of the Peace in a for said County personally appeared John Weaver and made oath in due form of law deposed the claim that he was lame during some of the time that he did duty in the in the service of the Revolutionary War and that he was about thirteen or fourteen years old when he hurt his leg. He says he hurt his leg by running an Elder through his leg opposite his Knee and that his leg was not quite well at the time he was at Fort Plain, Stone Arabia Battle and says his leg did not get well until about two years after it was hurt
Sworn and Subscribed John (his X mark) Weaver
this 10th day of may 1847
before me
Jacob J. I. Klock Justice
of the Peace of Said County
Note [?] the said Justice further certify that I have seen the scars on the leg of the said John Weaver that he said he received from a wound by a stick of Elder bush.
Jacob J. I. Klock Justice
State of New York
Fulton County Clerk's office
I Stephen Wait Clerk of the said County of Fulton do hereby certify that Jacob J I Klock whose name is subscribed to the foregoing [?] of the affidavit of John Waver + to the foregoing certificate was at the date of the same a Justice of the Peace in for said county decreeing in said County + legally authorized to act as such justice, And further that I am well acquinted with the hand writing of said Justice of the Peace truely believe his receive subscribed to the foregoing Jurat and the certificate is his genuine signature.
For testimony whereof I have hereunto set my signature and affixed the seal of said County + of the Court of Commission placed thereof this 3rd day of July AD 1847
Stephen Wait, Clerk
I have a power of Attorney to prosecute the claim of John Weaver
of New York act 1832 and I wish to see the papers.
S. Godwin
June 11 / 52
Sir
I wish you would again examine the papers in the case John Weaver of New York act 32 because it does appear to me there is abundant evidence to show that he served as Batteaumen He is found on the rolls of Capt Gray in 1780 and there is no doubt but that if the rolls of the same company could be found in this office for 1778 + 9 placed here by Mr. Giles F. Yates, the name of Weaver would be found thereon. A witness who served with him in 1780 will recollect Mr. Weaver enlisted or served in 1780 and because Weaver says he served all of 80 when the rolls show he served only apart of that year, the claim has been suspended and a doubt expressed whether this is the same Weaver, although one of his commrades a man said and certified to be credible swore he served a part of that year with him, Weaver is held responsible for not knowing the precise day of his enlistment and discharge, 70 years have passed away since he served, is it proper to hold an old soldier or any one responsible for so small a matter when most of us can't tell when we were married or when ourchildren were born,
Other winessess testify to the high character of Weaver
S. Goodwin
DEPARTMENT OF THE INTERIOR
REVOLUTIONARY CLAIM
I certify that in conformity with the law of the United States of the 7th June 1832, John Weaver of New York who was a Private in the Revolutionary War is entitled to receive Thirty dollars and --- cents per annum, during his natural life, commencing on the 4th of March, 1831, and payable semi=annually of the 4th of march and 4th of September, in every year.
Given at the Department of the Interior,
this 13th day of September
one thousand eight hundred and fifty-two
J J Crittendon
Acting Secretary of the Interior
To the
Hon. [?] Comm. of Pensions Washington D.C.
Sept. 20, 1852
Sir: Allow me most respectfully to comment on your letter of the 24th July [?] in reference to the pension claim of John Weaver under act of 7th June 1832.
I am sure that you will find on a more thorough review of the papers filed in this case in connection with those filed in the case of Nich's Myers and his widow, which were also examined for the reason that Nicholas Myers was a witness for Weaver, that the positions taken in your letters are predicated on assumptions unfortified by the real facts of the case.
You say that the only service shown to have been rendered by John Weaver is boat service. To this I reply, that that service is the only service for which I have been able to obtain documentary + parole testimony, and both documentary and parole has been adduced and because I am unable to produce record proof of his service in the militia of the military district or beat to which he belonged, I decline to claim for him any pension therefore. Yet I am well assured that he did render the fatigue, garrison, and field duty at Fort Plank, Stone Arabia + Fort Plain as a drummer, which he alleges, under Caps. Getman, Moyer, + Lawrence Gross.
John Weaver enlisted on the 5th February 1780, as shown by the Rolls in your office + according to the express deposition of Nicholas Myers, who served in and has been allowed for service in the same Company of Captain Gray. During that year he served out the full term of his enlistment, which expired not until the 1st Jany 1781 – viz, for 10 months + 26 days.
You say that upon reference to the papers of Nicholas Myers you find that "he (Myers) was pensioned" in part for boat sevice in Capt. Gray’s Company "but that he only showed a service of 1 month + 25 days and that he would not be allowed to show a longer service for Weaver." Having been permitted to review the papers of Myers I find as follows. I was myself the attorney for Myers, and therefore say that which I know to be the fact. Myers was originally pensioned at $20 per annum. On reference to the letter of Col. Edwards the then Commr of Pensions to me, you will find that he states his belief to be that the claim was meritorious, but as no documentary evidence of service was adduced, he did not feel justified awarding more than a minimum pension of $20 per annum. The Batteau service was then expressly disallowed.
Afterwards on my finding the Rolls of Capt. Gray for service in 1779 + 1780 I forwarded the same to the Pension office, + one of the Rolls for 1780, was recently found on file among the papers of said Nicholas Myers. Upon filing said Roll, Myers’s pension was increased from $20 to $38 33/100 per annum + his widow was pensioned for the same amount. Upon that Roll, (of which you have given me a certified copy) on the 25 of Augt last) you will find the name of Nicholas Myers as having enlisted on the 4th March 1780. He was accordingly allowed for batteau service from the 4th March 1780 to 1st Jany 1781 or for 9 months + 27 days. The "1 mo. + 25 days" therefore, was not for batteau service but for militia service for about 2 months and 20 odd days, for which I adduced from the NY State Comptroller’s office documentary evidence to prove.
I accordingly claim for John Weaver a pension for service in the company of Captain Gray from the day of his enlistment therein, as shown by said Roll from the 5th Feby 1780 to the 1st January 1781 – viz, for 10 months and 25 days.
I am most respectfully
Your Obt Servt
G. F. Yates
State of New York
Fulton County ss:
Personally appeared before me a Justice of the Peace in foresaid county John Strobeck aged eighty one years who being duly sworn according to Law deposes + says that he has been acquainted with John Weaver a revolutionary pensioner and his widow Sarah Weaver fifty-six years that her maiden name was Sarah Clause before she was married to the aforesaid John Weaver that the aforesaid John Weaver + Sarah where reputed to be husband + wife + lived together as such + ten children + that I know all of them the first Betsy and the wife of Peter cramer the next John _ Henry _ David _ Frederick Lawrance lany the wife of Randle [Clemans?] _ Nicholas Jacob + Sarah wife of Jacob Philips all of the above I am well acquainted with + that the first above named Sarah is now the widow of the aforesaid John Weaver + that the said John Weaver died in the month of October 1853 as this deposed was informed thereby believing and this affivadit further says that he was present when the aforesaid Sarah was christened + was sponsor or Godfather for the said Jacob he was christened at Ephratah Village in the said county of Fulton by the Rev. Walk
DD Retsey ___ attest John (his X Mark) Strobeck
subscribed + sworn before
me the 19 day of January
1855 ------- Wm. Spencer Justice of the Peace
I certify that I am well acquainted with the above deposant + that he is a man of truth and verasity Wm. Spencer Justice of the Peace
State of New York
Fulton County ss:
Personally appeared before me the undersigned a Justice of the Peace in + for the county of Fulton Jacob N. Christman a resident of the county + State above said who being duly sworn according to Law deposes + says that he is Seventy three years old that he was well acquainted with Sarah Weaver the widow of John Weaver deceased who was a Revolutionary pensioner of the United States that her maiden name was Sarah Clause before she was married to the late John Weaver that the aforesaid John Weaver + Sarah Weaver where reputed to be husband + wife + lived together as such had ten children all of which I know the first Betsy the wife of Peter Cramer then John _ Henry _ David _ Frederick Lawrance Lany _ wife of Randle Clemans _ Nicholas Jacob + Sarah wife of Jacob Philips all of the above I am well acquainted with + that said Sarah wife of John Weaver deceased is now a widow + has been since the decease of the said John Weaver this deposant further says that he has known the aforesaid John weaver + sarah his widow for the space of about fifty years tha the aforesaid John Weaver died in the month of October 1853 as I was informed + truely believe + deposant further says that said John weaver + sarah his wife has resided said county for about fifty years most part in the towns of Ephratah and Oppenheim + that the said Sarah now resides in the town of Ephratah in said county
___ ___ attest Jacob N. (his X mark) Christman
subscribed + sworn before
me the 19 day of January 1855
Wm. Spencer Justice of the Peace
I certify that I am well acquainted with the above deposant + that he is a man of truth and verasity
Wm. Spencer Justice of the Peace
State of New York
Fulton County ss:
Personally appeared before me a Justice of the Peace in + for said county Philip Strobeck a resident of the Town of Oppenheim in said county who being duly sworn according to Law deposes + says that he was well acquainted with John Weaver a Revolutionary pensioner + Sarah his wife who now is the widow of the aforesaid John Weaver that the aforesaid John Weaver died in the Town of Oppenheim in said county in the month of October 1853 that he desponant assisted in laying out said John Weaver after his death -------
Betsy Strobeck attest Philip (his X mark) Strobeck
subscribed + sworn before me
the 19 day of January 1855
Wm Spencer Justice of the Peace
I certify that I am well acquainted with the above named
Despondant + that he is a man of truth + veracity Wm Spencer
Justice of the Peace
Fonda April 10th 1855
Hon. L. ?. Walda
Commissioner of Pensions
Enclosed here with I send you the application of the Widow Sarah Weaver A Revolutionary Pensioner Who Claims her Bounty Land Warrant
Respectfully Yours
Abm A Van Horne
State of New York
County of Fulton ss: It is hereby certified that at the surrogates court ___ in ___ the county of Fulton at St Johnstown on the fifth day of February in the year 1855 satisfactory evidence by affidavit was produced provided to me that John Weaver late of Oppenheim in the county of Fulton deceased. A pensioner of the United States under the act of the 7th of June 1832 and that he departed this life on the twenty eighth day of October one thousand eight hundred and fifty three in the said town of Oppenheim in said county. That he left him morning a widow named Sarah Weaver and nine children viz Betsy, John, David, Henry, Frederick, Lawrence, Lany, Nicholas + Jacob Weaver who still survive and that said Sarah Weaver is the only lawful widow of the said John Weaver deceased.
Testimony whereof I have herein to set my hand and affixed the seal of the Surrogates court of the said county of Fulton this fifth day of February in the year of our Lord one thousand and eight hundred fifty five.
S. J. Johnson
Surrogate
Revolutionary War Pension File (W.11.751):
State of New York
Fulton County
On this fifth day of February 1855 personally appeared, before the County Court of the County of Fulton + State aforesaid, Sarah Weaver A resident of the town of Euphrata in the County of Fulton and the State of New York aged Eighty seven years who being first duly sworn according to law, doth on her oath make the following declaration in order to obtain the Benefit of the provisions made by the act of congress passed on the 7th day of July 1838, and All subsequent acts granting pensions to Widows of persons who served during the Revolutionary War; That she is the Widow of John weaver deceased who was a Private in the Revolutionary War, That he said John Weaver on account of his said services was awarded a pension under the act of Congress passed 7th June 1832 at the rate of Thirty dollars per annum. That this service was rendered in the Militia and Batteau Services In the State of New York in said army which fact and other particulars regarding said services are set forth in his papers on file as declarant has been Informed + Believes, on the matter of his application for a pension under said act of 7th June 1832.
She further declares that she was married
to said John Weaver at the City of Albany by a Justice of the
Peace of the City of Albany whose name she does now not
recollect In the year, One thousand Seven Hundred + Ninety two.
The Settled minister of that Congregation not being home at that
time, She does not now Recollect the day of the Month, It was
in the Second Full [Fall?] month of the year 1792 at the City
of albany In the State of New York. She further declares that
she + her Husband the aforesaid John Weaver were Both Uneducated
and could not Write + and have no Family Record; She futher declares
That she + her Husband John weaver had ten
children together Viz. The first Betsey, John, Henry, David, Frederick,
Lawrance, Lany, Nicholas, Jacob + Sarah, that they lived
together as Husband + wife to the time of his death, that her
Husband the aforesaid John Weaver dec'd
on the Twenty Eight day of October One Thousand Eight Hundred
+ Fifty Three at the Town of Oppenheim Fulton County + State
aforesaid, that her maiden name was Sarah
Clause, that her children were baptized By different Ministers
at Different Places + Congregations her
son Jacob the youngest child but one was Baptized By the
Rev'd John I. Walk who was at the time the residing Minister of
the Congregation of Stone Arabia In the Town of Palatine + County
of Montgomery + State aforesaid Being about Ten Miles from where
she now resides that John Strobeck + his wife Christina were the
sponsors When jacob was baptized, She further declares that she
is now the Widow of the aforesaid John Weaver + states Unmarried
+ herewith surrenders the certificate of her Husband the aforesaid
John Weaver declaring a pension from the 4th day of September
1853 the time of his last drawing his pension at the Albany Agency
New York
Sarah (her X mark) Weaver
[?] and sworn to before me this 3rd day of February 1855
(signature of A J Johnson County Judge)
Fonda Febry 17th 1855
Hon L. (?) Waldo Commissioner of Pensions
In Closed here with I send the papers made out an Application of Sarah the widow of John Weaver Deceased The proof of Marriage so made out in full as the Requried by our state Laws I could have mad out more of her Baptism of their children the case is of so small a service It will not pay. the children were baptised By Different Ministers as they were poor + moved about at different places. I looked the nearest place to procure the Baptism. In order to save the expense. Please forward the Certificate at your earliest convenience. Will not the case of the Widow Sarah Weaver embrace the benefits of the Resolution of Congress of 1st July 1848
Respectfully Yours
Abrm Van Horne
Fonda February 27th 1855
Hon. L . [P?] Walda
Commissioner of Pensions
I read your letter of the 24th [Int?] In relation to the application of Sarah Weaver widow of John of New York Under act of 7th July 1838
Sarah Weaver says she was Married in 1792 she had ten children by her husband John Weaver She told me her first child was baptized at Poosen Kill Rennsealer County It is about Seventy miles from where she is now living Her second child was baptized at the [Geisenburgh?] in the extreme South west part of montgomery County About forty miles from where she now resides The record of the Guysburgh Church are not to be found, I have made a search for them some years ago in another case for A Gates [Yates?] A W Caldwell has bought a farm within 3 miles where I am living who moved on his farm + was from Rennsealer County Poosen Kill I went to see him he told me there were no records to be found. In the Dutch Church is down + two other churches are now the [handing?] churches the case is too small I will not pay to travel around to get all the proof of baptism. I got the baptism of one of her children baptised by the rev. John I Walk at Stone Arabia Church Some of her children she says were baptized by Rev. Dem[ivi?], the Dutch Church at Stone Arabia has had several Ministers since I can recollect It is about ten miles from where I live I have several times examined the records of the Dutch Church at Stone Arabia + could not find the names of those who were married + baptized. there was and commission of the Records the Surrogate is the first Judge of Fulton County he had satisfactory proof of the Death of John Weaver + that he left Sarah his widow him surviving - According to the Laws of our state, I was present when the surrogate made out the certificate In the case of Sarah Weaver his affadavit + The affidavit of her son who she is living with, The affidavit of Christman + The two Strobecks was taken by Wm Spenser Esq. of Ga[rago?} A very respectable man at the request of the weaver family with who the Widow is living. Wm Spencer wrote one he had only put in the month when he John Weaver died. He did not think it necessary to put in the day of the month. He is not In the Habit of Drawing affidavits. He stated the Widow + her Son had made oath to the year + the day of the month. I have done all I could do to get the proof satisfactory to prove the case. I do think it was my duty to see had they [lied]. In the woods hardly any charis to sit on and only four small pieces of glass to light the house. I shall not get money
To say what many I have said out all ready In this case, the Husband John Weaver was paralyzed. He could not walk for a number of years before his death. His tong was so paralyzed a stranger could not understand him in talking. They lived together + were recognized as Husband + wife which in the State of New York is Satisfactory proof of Marriage. the Judge has so stated in his Surrogates Certificate I sent on to your Honor. the Judge was satisfied before the Mr. Spencer Sent me the affidavits of Christman + Strobeck. Esq. Spencer sent affidavits to the county Clerks office where the Papers were Put together + sent on to you. I wish the pension to be granted + Forwarded to me. I believe the proof sufficient In the Above Case.
Most Respectfully Yours,
Abm A Van Horne
#5006
New York St
Sarah Weaver,
widow of John Weaver, N.Y. who served in the Revolutionary war,
as a Private
Inscribed on the Roll at the rate of 30 dollars 00 cents per annum, to commence on the 28th October, 1853. Certificate of Pension issued 8th day of March, 1855 and sent to W A Van Horn, Fonda N.Y. Recorded on Roll of Pensioners under [torn, can not read]
Revolutionary War Pension File (W.11.751):
Declaration of a Revolutionary Widow who Claims A Land Warrant Under Act March 3rd 1835 State of New York Fulton County
On this 6 day of April A.D. One thousand eight hundred + Fifty five personally appeared Before me a Justice of the Peace duly authorized by Law to administer oaths within and for the County and State aforesaid Sarah Weaver aged Eighty seven years a resident of the Town of Euphrata County of Fulton in the State of New York, who being duly sworn according to the law, declares that she is the widow of John Weaver deceased who was a private + soldier in the army of the Revolutionary war And Received a pension for his services Under the act of 7h June 1832 at $30 per annum, She further declares she is now receiving a pension at $30 per annum Under the act of 7h July 1838 For Services Rendered by her Husband the aforesaid John Weaver, Which will more fully appear in her papers on file for a pension at the office of the Commissioner of Pensions, she further declares that she was married to the Said John Weaver at the City of Albany In the Second full month AD 1792 By a Justice of the Peace whose name she has forgotten + does now not recollect that her name before her said marriage was Sarah Clause that her said Husband died at Oppenheim In said County aforesaid on the 28th day of October A. D. 1853 And that she is now a widow. She marks this declaration for the purpose of obtaining the bounty land to which she may be entitled under the Act approved 3 March 1855 and she here by requests the Commissioner of pensions to forward her warrant to Abm A Van Horn Fonda N. Y. and appoint him attorney to receive the same for me.
Sarah (her mark) Weaver
We J L Hutchinson and S Melvin Mever (?) Residents of the Town of Euphrata Fulton County + State of New York, upon our oaths declare that the foregoing declaration was signed and acknowledged by Sarah Weaver making her mark in our presence and that we believe from the appearance and statements of the applicant that she is the Identical person she represents herseld to be that we have no intent in this Claim.
J L Hutchinson
S. Melvin Mever(?)
The foregoing declaration and affidavits were sworn to and (?) before me on the day and year above written and I certify that I know the applicant to be creditable persons and that the Claimant is the person she represents herself to be and that I have no Interest on the Claim -- Wm Spencer Justice of the Peace
Washington
Dec 6 1857
Jas. E. (N?)eath
Comm of Pensions
Sir,
I herewith enclose John Weavers declaration under Act of June 1837.
Giles F. Gates Esq. who forwarded me this case, writes we placed in your office several years since the militia roll of (capt. Gitman or Kitman) under who applicant claims to have served for 6 Mo. in the year 1778.
And also an origianl roll of Capt. Gray's Company of enlisted Batteaumen. on these rolls M. Gates think, John Weavers name be found. I am likewise informed that D__ G____p allowed ten or more cases for service shown by the rolls (reported). The papers in this case have been mislaid by G. Gates and not until recently found.
Alex Nay
