War of 1812 Widow's Pension of Ursula Austin

Contributed by Dottie Piechocki whose ancestor Noah Austin was wounded at the infamous Battle of Queenston early on in the War of 1812. Other Wayne County area men saw action there and elsewhere in Western New York State; perhaps your ancestor served with Noah. War of 1812 veteran pension applications and widow's applications are still uncommon on line and many researchers have never seen one. Ursula Freeman Austin's documentation shows all the bureaucratic paperwork, back and forth, and run-around that the veterans and widows had to go through to get a pension.

"Ursula Freeman Austin's widow's app wasn't filed, of course, till after his death in 1871. She was living in IN by then, but a lot of her witnesses' affidavits, etc., are from people who lived in Wayne Co at the time of his service and their marriage in 1820."

DECLARATION FOR WIDOW'S ARMY PENSION

State of Indiana           }ss
County of LaGrange
      On this 18th day of October A.D., one thousand eight hundred and seventy personally appeared before me, John H Rerick Clerk of the Circuit Court within and for the County and State aforesaid Ursula Austin a resident of Lima in the County of LaGrange and State of Indiana aged Seventy years, who being first duly sworn according to law, doth on her oath make the following declaration, in order to obtain the benefits of the provisions made by the Act of Congress approved July 14, 1862. That she is the widow of Noah Austin who enlisted in the service of the United States, at Wayne County in the State of New York on the ____ day of _____ 186_, as a private in Company ___ commanded by Capt Brown in the ____ Regiment of New York Militia in the war of 1812; who while in the service aforesaid, and in the line of his duty, was wounded by an Iron ball which entered his head at the right side of his nose just below the Eye and lodged in his head during the battle of Queenston at Queenston in the province of Canada on or about the 16th day of October A.D., 1812. She further declares that she was married to the said Noah Austin in the county of Wayne and State of New York on the 12th day of April in the year 1820 that her name before her said marriage was Ursula Freeman that her said Husband Noah Austin died on the 12th day of September 1870 from the effects of said wound. That her husband, the aforesaid Noah Austin died on the day above mentioned, and that she has remained a widow ever since that period, as will more fully appear by reference to the proof hereto annexed. [portion about children under sixteen years of age crossed out] That said Noah Austin was afflicted by said wound in the following manner, said ball remained in his head, causing a Sore which kept a constant discharge of puss [sic] through the nostrils, and at last through the throat to the stomach & thus poisoning his whole system. That Said Noah Austin was a pensioner of the U.S. at the rate of Eight Dollars per month, his certificate was No. 1700 which was an increase pension & certificate issued in lieu of one dated January 10th 1870. She also declares that she has not in any manner been engaged in or aided or abetted the rebellion in the United States. She hereby appoints A.B. Kennedy of LaGrange State of Indiana her true and lawful Attorney, with full power of substitution to prosecute this claim for pension, and to receive the certificate which may be issued therefor. She requests that her pension be paid at Fort Wayne State of Indiana Her Post Office address is Lima County of LaGrange State of Indiana.
                  X      Ursula Austin      [signature]
                  Signatures of Witnesses.
      Also personally appeared Celia Crocker and Harley Crocker residents of LaGrange County of LaGrange, State of Indiana, whom I certify to be respectable and entitled to credit, and who, being by me first duly sworn, say they were present and saw Ursula Austin sign her name to the foregoing declaration and power of attorney; and they further swear that they have every reason to believe, from the appearance of the applicant, and their acquaintance with her, that she is the identical person she represents herself to be; that they have been well acquainted with her and her said husband Noah Austin deceased, for Eight Years and know they lived together as husband and wife, and were so reputed; They further declare that she has remained a widow ever since her husband's decease, and that she has not, in any manner, aided or abetted the rebellion; and that they have no interest in the prosecution of this claim.
                  C Crocker      [signature]
                  H Crocker      [signature]
                  Signatures of Witnesses.
      Sworn to, acknowledged and subscribed, before me, this 18th day of October, 1870, and I hereby certify that I have no interest, direct or indirect, in the prosecution of this claim.
                  Jno.H. Rerick      Clerk      [signature]
                  LaGrange Circuit Court

State of Indiana
          }ss
LaGrange County
      On this ninth day of May 1871 personally appeared before me, John H. Rerick clerk of the LaGrange Circuit Court a court of Record in and for the County and State aforesaid Ursula Austin aged Seventy years, a resident of Lima in the county of LaGrange and State of Indiana, who being duly sworn according to law, declares that she is the widow of Noah Austin who served the full period of sixty days in the military service of the United States, in the War of 1812 and who was the identical Noah Austin who enlisted in Captain John Brown's Company of New York Malitia [sic] Co.  of the    Regiment    Brigade    Division at  on the thirtieth day of August 1812, and was Honorably discharged at a place opposite Queenstown after the battle on the 30th day of August 1812; That, Said Noah Austin was a volunteer in Militia and joined in the Battle of Queenstown and Crossed the river with the army and was wounded by a musket ball in the face which lodged in the head, he was wounded on the thirteenth day of October 1812, that he aforesaid Recv'd a land warrant No. 29.604 for 80 acres, and one No. 43.374 for 80 acres issued under the acts of 1850 & 1855. That he also procured a pension, and afterward and increase Said last Pension certificate was No. 1700 and was at the rate of 8 Dollars per months; That She was married under the name of Ursula Freeman to said Noah Austin on the 11th day of April 1819 by Elder Burton at Wayne County State of New York at the village of Arcadia, there being no legal barrier to such marriage; that her said Husband died at Lima LaGrange County Indiana on the 12th day of September 1870, and that She has not remarried since his death; that at no time during the late Rebellion against the Authority of the United Stated did she or her said Husband adhere to the cause of the Enemies of the Government, giving them aid or comfort, or exercise the functions of any office whatever under any authority, or pretended authority, in Hostility to the United States. That she will support the Constitution of the United States, that she is not in receipt of a pension under any Previous acts, that She makes this declaration for the purpose of being placed on the Pension Rolls of the United States, under the Provisions of the act approved February 14 1871 and the sections of the acts of July 7 1864 and of June 6 1866, and I hereby constitute and appoint with full power of Substitution and revocation Alexander B. Kennedy of LaGrange County Indiana her true and Lawful attorney to prosecute her claim, and obtain the pension certificate that may be issued; That her Post office address is at Lima County of LaGrange & State of Indiana that her domicile or place of abode is Lima.


            Applicant ~~~    Ursula Austin [signature]


Also personally appeared John Kromer and John Paul Jones Residing at LaGrange in the villiage [sic] of LaGrange in said county & State, persons whom I certify to respectable and entitled to credit, and who being by me duly sworn, say they were present and saw Ursula Austin the Claimant sign her name to the foregoing declaration; that they have every reason to believe from the appearance of said Claimant, and their acquaintance with her, that she is the identical person she represents herself to be, and that at no time during the late Rebellion against the authority of the United States did she or her said husband adhere to the cause of the Enemies of the Governemtn or give them aid or confort; and that they have no interest in the presectuion of this claim.
      Witnesses >   John Kromer    [signature]
                           John P Jones [signature]

Sworn to and Subscribed before me this 9th day of May 1871, and I ceretify hereby that the contents of the above declaration were fully made known to and explained to the applicant, and witnesses before swearing including the erasures and all words added and that I have no interest direct or indirect, in the prosectution of this claim.
            John H Rerick Clerk [signature]
            LaGrange Circuit Court

[letterhead of]

A. B. KENNEDY,
ATTORNEY AND COUNSELOR AT LAW.
Agent AEtna & North American Ins. Co.

                        LaGrange Ind. May 16th 1871
Sir.
       The application of Ursula Austin, Claim for Pension under late laws being the widow of Noah Austin late a Pensioner, of the War of 1812 is herewith sent & her special request to urge this matter on as speedily as possible She is needy!!!
                                          [signature illegible]
                                          A.B.Kennedy [signature]
[illeg.]
H.VanA_____ Esq.
Pension Office

WAR OF 1812.

Department of the Interior,
PENSION OFFICE,
Washington, D. C., June 20, 1871.

Sir:
              In the claim of Ursula Austin for a widow's pension, under act of February 14, 1871, No. 267 proof of her marriage to the soldier prior to Feby 17.1815 is required. You are informed that proof upon this point is of value in the following order:
    1. A certified copy of a church or other public record.
    2. An affidavit of the officiating clergyman or magistrate.
    3. The testimony of two or more eye=witnesses of the ceremony.
    4. The testimony of two or more witnesses who know the parties to have lived together as husband and wife from the date of their alleged marriage, the witnesses stating the period during which they knew them thus to cohabit.
    Before any of the lower classes of evidence can be accepted, it must be shown by competent testimony that none higher can be obtained.
    Return this circular with the evidence.
        Very respectfully,        J.H. Baker [signature]
                Commissioner.

A.B.Kennedy
    LaGrange
    LaGrange Co.
        Ind.
                                    D.B. [initials]

State of Illinois           }ss
County of McLean
                    Rachel Reed, being duly sworn on oath say that She was well acquainted with Noah Austin and Ursula Freeman, and was acquainted with them before their marriage. That she was present on the Twelfth day of April 1820 at the Town of Lions in the County of Wayne & State of New York at which time said Noah Austin and Ursula Freeman were joined in marriage, that Ursula Austin is now the widow of Noah Austin who was a Private in Captain Brown's Co. New York Malitia [sic] in the War of 1812, and I know from my personal knowledge and the fact that I was personally present at the time & place above stated and Saw them joined in marriage and I have know that they resided in the vicinity of Lions the place of their marriage for twenty seven years, that I have know them as husband and wife for about fifty years, that I am not interested in this claim for Pension that I am a sister of said Ursula Austin.

Subscribed and sworn to
before me this   7th   day      Rachel Reed [signature]
of Aug. 1871, and I certify
that Rachael Reed whose name is to the
above affidavit is a respectable person & entitled to credit as a witness that I am not interested in this claim for pension.
                        [signature illegible]

State of Indiana           }ss
LaGrange County
                    [Illegible] being duly sworn on oath say that they are well acquainted with Ursula Austin widow of Noah Austin who was a soldier in the War of 1812 as a Private in the New York Malitia [sic], and we were well acquainted with Noah Austin and Know from our personal acquaintance with him for _____ years that he died on the 12th day of September 1870. that Ursula Austin is the widow of said Noah. That we are not relatives of the party and not interested in this application for pension or the prosecution of the same.
Subscribed and sworn to before                    [signature illegible]
me this 25th day of July                               [signature illegible]
1871. and I certify that
[illeg] and [illeg]
are respectable persons and entitled
to credit as witness, that I am not
Interested in this claim for Pension.
                                 {Seal} J.P.

State of Michigan           }ss
County Ionia

Mary A. Wiser being duly sworn on oath say that we were well acquainted with Noah Austin and Ursula Freeman and have been acquainted with them before their marriage that we were present on the Twelfth day April 1820 at which time and in our presence Noah Austin who was a private in Captain Brown's company New York Malitia [sic] in the War of 1812. was Joined in marriage with Ursula Freeman who is now the widow of Said Noah Austin. and we know from the fact we were personally present at the time above stated in the Town of Lions in the County of Wayne & State of New York, and Saw them married. They were husband and wife, and they lived in the vicinity of Lions for Twenty Seven years after their marriage and were always known and recognized as husband & wife and we further say that we are not interested in the prosecution of result of this application for Pension. I am related of said Ursula being a Sister.
                                Mary A. Wiser [signature]
Subscribed and Sworn
to before me this 24th day of August
1871, and I certify that Mary A. Wiser who executed this affidavit is a respectable person and entitled to credit as a witness that I am not interested in this claim for Pension.
                                Johnson J Locke [signature]
                                    Justice of Peace

                            Washington Dec 16th 71
Com. Pensions
          I have the honor to Enclose you a letter from an Old Lady, the Widdow [sic] of a Soldier in the War of 1812 I think She is Quite Old and feble [sic] and wants me to Look after her Pension She resides at Lagrange Co Indiana and she gives no number of the application. Can you get me any information about it with this indefinite Description.
Yours
                        W Williams
                        MC
                          Inclosure

[letterhead]

Department of the Interior
PENSION OFFICE.

Washington, D.C. December 20th 1871.

Hon. W. Williams,
House of Representatives,
          Sir.
                    In answer to your inquiry respecting the claim of Ursula Austin for a Pension as the widow of Noah Austin, a Soldier of the War of 1812, and Who died in 1870. I have the honor to state that claimant has furnished no medical testimony showing that his death was caused by the wounds received in that War.
          Before her claim can be further considered, she must furnish satisfactory Medical proofs showing cause of death.
          Mrs. Austins letter is herewith Enclosed.
          Very respectfully
                                                            Commissioner

State of Indiana           }ss
LaGrange County
      George Fletcher M. D. being duly sworn on oath says that he was called as the attending Physician at the time of the Sickness and Death of Noah Austin who was a private in Capt. Browns Co._____ of New York Malitia in War of 1812 and who died on the 12th day of Sept 1870, that he attended said Noah Austin during the time of his sickness & until he died. That in the opinion of this affiant his sickness and death were the direct and necessary consequence of the wound received by him in the War of 1812 That the ball being an ounce ball penetrated the head in front below the Left eye & close to the nose lodging in the head near back part of mouth. That for many years said wound kept a constant discharge of putrid matter at Left nose, and in his last sickness the discharges were greatly increased, and Just a few days before his death the ball passed into his mouth & was taken out by him having destroyed the bony portion of the head where it was lodged to such an extent as to break through into the mouth, that the creation of large quantities of puss [sic] in head & not being discharged was carried through his whole system producing fever & finally death, that I am not a relative of the party & have no interest direct or indirect in the prosecution of this claim for Pension.
Subscribed and sworn to
before me______this
30th day of December 1871
and I certify that George Fletcher M.D.
whose name is subscribed to the
forgoing affidavit is a practicing Physician of good standing in his profession and a credible witness. That I have no interest in this Claim for Pension.
            James Galloway Justice of Peace [signature]

The State of Indiana, LaGrange County, Sct:

      I, John H. Rerick, Clerk of the Circuit Court, within and for the County of LaGrange, aforesaid, do hereby certify that James Galloway, whose certificate of acknowledgment appears to the Instrument of writing to which this is attached, was at the time of making said certificate, to wit: the 30 day of December, 1871, a Justice of the Peace within and for said county of LaGrange, duly elected, commissioned, and qualified, and that full faith and credit ought to be given to his official acts, and that the signature purporting to be his, is genuine; and I further certify that the said instrument is executed and proved or acknowledged according to the laws of this State.
      In Witness of Which, I hereunto affix the Seal of said Court, and subscribe my name, at LaGrange this 9th day of January A.D., 1872
            Jno H Rerick [signature] Clerk.

[letterhead]

Forty-second Congress U. S.
HOUSE OF REPRESENTATIVES.
Washington, D.C. Feb 20th 1872

Commissioner Pensions
      the Enclosed application is for Pension of Widdow [sic] of Soldier of 1812 She does not give the No. of application Can you find it. and give me, any information on the Case

yours
W Williams, M.C [signature]
Indiana

[certificate]

ACT OF FEBRUARY [crossed out "14, 1871." written in "3. 1853"]
WAR OF 1812.

Ursula Austin
Lima Indiana
Widow of
Noah Austin
Capt Brown Co N.Y. Mil.
Died Sep - 12 - 1870

Respectfully referred to Col. Trask, Claim
death from wounds,
Married in 1820

Received March 9, 1871.
A.B. Kennedy
LaGrange
LaGrange Co Ind.
Attorney.

[certificate]

INVALID.

Certificate No. 1700
Claimant, Noah Austin
Agency at which last paid, Albany NY
Pensioned at $8.00
Has pensioner been reduced?
      Co E Trask
            Examiner.
            Room No. 42

NO Reduction shown by the Records of
Finance Division, complete up to day of
death Sept 12, 70
            Page
                  Clerk.

Forwarded to F. D. March 7, 1872
Returned to Ex'r, _____________

[certificate]

WAR OF 1812.

Widows Pension Claim.
      No. 267.

Ursula Austin
widow of
Soldier Noah Austin
Served in Capt. Brown Co.
      NY Mil.

Warrant No. _______

Required: Abstract of
service Proof
of marriage & death
of soldier.

Weirick, Examiner.

Report: [illeg.] Austin
[illeg.], that Noah Austin
served under Capt. Jno
Brown from Aug. 30th
1812 to Oct 30 1812.-
      The warrant having
been issued, to soldier, there
is no proof of marriage or death.
      John Sherman [signature]
      Chief B'ty L'd Div.

WAR OF 1812            Act of Jun 3 1858, and subsequent acts.

WIDOW'S PENSION.
(ORIGINAL.)

Residence of claimant, La Grange County, and State of Indiana
Post office, Lima Lagrange Co. Indiana
Attorney, A. B. Kennedy, La Grange, Lagrange Co, Ind.
Fee, $10.
No contract, and no material evidence filed since July 8, 1870.
Rate of pension, $8.00 per month, commencing September 13, 1870, the date
of Soldiers death, and two dollars per month additional for each child, as follows:
[information about children crossed through]

Payments on all former certificates covering any portion of the same time to be deducted.

CAUSE OF DEATH, G.S. Wound of face.      PLACE OF DEATH, Lima LaGrange Co Ind.

[handwritten across upper L corner: "Fort Wayne" and across R corner: "Medically Established"]

PROOF AS TO SERVICE.

The [crossed out: "Adjutant General U.S.A."; written in: "3d Auditor"] reports name on rolls as Priv Capt John Browns also the rank, company, and regiment, and the dates of Oct 30 - 1812. as stated on preceding page. He also reports Entered Service Aug 30 - 1812, and Wounded at Battle of Queenston Oct 13. 1812

7^th. Dr. George Fletcher Dec 30. 1871 Reports, An ounce ball penetrated the head in front below left eye & close of the nose lodging in the head near back part of mouth. x x.
In his last Sickness, the discharges were greatly increased, and just a few days before his death the ball passed into his mouth & was taken out by him, having destroyed the bony portion of the head where it was lodged to such an extent as to break through into the mouth, that the creation of large quantities of puss [sic] in head and not being discharged was carried through his whole system - producing fever & finally death.

^8th Dr. Egglesson & A McIntyre Sept 8. 1839. Certify to Wound.
" Ayers & Rowan Oct 9. 1851 "       do

INCIDENTAL MATTER.

Invalid Claim Allowed at $2.00 Sep 1833. Inc to $4.00 1840
      Inc. to $7.00    Dec 1857
      Inc. to $8.00    July 5. 1869

ALLEGATIONS OF CLAIMANT.

Other children of soldier by former wife,    None
Other children of soldier by claimant,                  None
Loyalty of claimant,                                 Affirmed

SUMMARY OF PROOF.

FORMER MARRIAGE OF SOLDIER.

      No
The marriage of                  to
is shown by

DEATH OF FORMER WIFE.

      No

MARRIAGE OF SOLDIER TO CLAIMANT.

The marriage of Noah Austin            to Ursala Freeman
is shown by  Affidavit

DATES OF BIRTH OF CHILDREN.

DATES OF DEATH OF CHILDREN.

CUSTODY OF CHILDREN BY FORMER MARRIAGE.

[certificate]
      No. ______
Claim of Noah Austin
___ Co., ____ Reg't, War 1812
Post Office: Lima
County: La Grange
State: Indiana
Referred by J. Moore [signature]
      TO MEDICAL DIVISION
On this 25 day of Mch, 1872
Returned to ___________
On this ___ day of ______, 187 .
      ACTION:

Medically Established


      [illeg signature]
      Chief of Division.

[certificate]

      No. 3411

      Indiana

Ursula Austin
Widow of ______
Noah Austin
who was a Private in ____
Captain Browns Company ___
of the ___ NY Mil
inscribed on the Roll of Fort Wayne
at the rate of 8 Dollars 00 Cents per month, to
commence on the 13th day of September,
1870.

Certificate of Pension issued the eight day
of April, 1872, and sent to
Atty. A.B. Kennedy { Pen. Agent
LaGrange {Fort Wayne
($10.) Fee Ind. {Ind.

            3d June, 1858.
            [illeg. signature], Clerk.
            Page 230

                                    Lima Sept. 6. 1881.
Hon. Commissioner of Pensions
            Washington D.C.
                Dear Sir
                        Enclosed find a copy of my Certificate.
I have been advised to apply to you for back pay. My husband discharge & other papers were sent to your office a number of years ago so I have nothing but my Certificate. I am needy & if there is any money coming to me write & let me Know & I will furnish all the evidence I can.

Pension Certificate,    No 3411.
The United States of America.
Department of the Interior
            Widows Pensions,
                Pension Bureau.
It is herby [sic] certified that Ursula Austin, widow of Noah Austin who was a private in Capt. Brown's Co. of New York Militia Vols in the Service of the United States, is entitled under the provisions of the Act of Congress approved June 3d 1858, to receive pay at the rate of eight dollars per month, to commence on the thirteenth day of Sept 1870, & to continue during life, unless she shall again marry or forfeit her right thereto.
            Given at the department of the Interior this eighth day of April 1872.
                Signed by the acting Sec. of the Interior & also Countersigned by the
Com. of Pensions

Please let me know what to do in the Case.
                                Ursula Austin
Lima LaGrange co. Ind.                per
                                W.H. Duff [signature]

[stamped: "U.S.PENSION OFFICE SEP 8 1881"; written cross-wise on side: "Get widows old war admitted claim for White. Sept. 12/81"]

The pension documentation of Noah Austin was kindly contributed by Dottie Piechocki.

List of all persons mentioned in Ursula Austin's pension record

Noah Austin's pension record

List of all persons mentioned in Noah Austin's pension records

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