War of 1812 Pension of Noah 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 pension applications are still uncommon on line and many researchers have never seen one. Noah's documentation shows all the bureaucratic paperwork, back and forth, and run-around that the men had to go through to get a pension. Thank you, Dottie!

[p 1]

State of New York}ss
Wayne County
      Samuel Soverhill being duly
sworn deposeth and saith that he is acquainted
with Noah Austin of Williamson in the County
of Wayne and State of New York, that the said
Austin served in Colonel Allen's Regiment of New
York detached Militia under Captain Brown that
General Van Rensselaer had the Command of the
troops, that he was wounded in the face at the
Battle at Queenston in October 1812 and this depo-
nent further says that he is Knowing to the said
Austins receiving a wound in the face in said
battle while crossing the river from Lewiston to
Queenston said wound had the appearance of
being made by a musket ball, and this deponent
further says that he believes the said Noah Austin
is entitled to receive a pension from the United
States and further this deponent says not

Subscribed and Sworn      Samuel Soverhill [signature]
this 16th day of July 1832 Lieutenant in
before me      Captain Browns
      Theodore Partridge Commissioner Company
      of Deeds for Wayne County
I hereby certify that I am acquainted with Samuel Soverhill
and Know him to be reputable person and that his Character
for truth and veracity is good
      Theodore Partridge Commissioner [signature]
      of Deeds for Wayne County

[p 2]

State of New York
Wayne County ss: Alexander McIntyre of the town of
Palmyra in the County & State aforsaid having been duly
sworn doth depose & say that he is personally acquainted
with Noah Austin, and knows that he now lives
in the town of Williamson in the County & State aforesaid,
and that the said Noah Austin was a private
soldier in a company of New York Militia of
Volunteers commanded by Capt John Brown, Samuel
Soverhill Lieutenant, & Joseph Luce Ensign, in a
Regiment of New York Volunteer Militia commanded
by Colo Peter Allen - and this deponent further saith
that of his own knowledge & recollection, the said
Noah Austin was on the 13th day of October 1812
wounded while so engaged in said service and while
in a boat going across the Niagara River in an
attack under the command of Genl VanRenssalaer
upon Queenston in Upper Canada, commonly
called the "Queenston battle" by a shot from the
Enemy, supposed to be a cannister shot between
his nose and the left cheek of his face or otherwise
designated in the cavity of the cheek - and this deponent
further says that he has good reason to believe
that the said ball now remains in the
cavity of the said Austin's cheek, and causes
an inconvenience from irritation and a general
affection of his health, amounting to a disqualification
for labor at least one quarter of his time -
and this deponent further saith that he was
present at the Queenston Battle above referred
to and saw the said Austin soon after receiving
the wound above described, and now resides
as above stated and is now a practicing physician
and surgeon regularly licensed according to the laws of the State of
New York regulating the practice of physick and
surgery in said State
      A. M. McIntyre M.D. [signature]
Sworn to & Subscribed this 14th day
of February 1833 before me
      Th. P. Baldwin, [sig] a Judge of
      Wayne County Courts _ _


            Lyons 18th April 1833.
      I am aware that these papers may prove informal, I hope however
      that the Application may succeed if it should send the certificate to me
      if it should not, and that on account of objection to the manner merely,
      be so kind as to send them back for Revision, to me and enclose
      forms and directions that will be acceptable. the applicant
      is very poor and that on account of his wound, which continues
      once in a few months to ulcerate and discharge at his Ear he has
      a family of small Children and if the Laws of our Country embrace
      his case it would relieve the distressed to attend to immediately.
      With Great Respect       Your Obet
Hon. Lucius Case       Servt
Secty of War       David Eddy [signature]
Washington City

      direct Your communication to Marion Wayne Co NY.

[p 4]

State of NewYork
Wayne County ss
      On this 18th day of April
1833. personally appeared in open Court before
the Judge of the Circuit for the County of Wayne
now sitting Noah Austin a resident of the
Town of Williamson County of Wayne and State
of New=York Aged 39 Years who being duly
sworn according to Law doth on his oath make
the following declaration in order to obtain a
Pension, for wounds and disabilities received in the
late war between the Unted States and Great Britain
that in the Year 1812, on the 19th of August of Said
Year he volunteered into the Service of the United
States in the Company Commanded by Capt
John Brown, Lieut Samuel Soverhill, Ensign
Joseph Luce, in a Regiment Commanded
by Col. Peter Allen, Militia of the State of
New=York, General Stephen Van Renselaer -
Commanded the Troops - and that this app-
licant was Marched from Canandaigua County
of Ontario and State aforesaid to Lewiston on
the Niagara River, State aforesaid and that on
the 13th day of October Year aforesaid he volunteered
to cross the River into Canada the Troops comm-
anded by Solomon Van Renselaer and that before
they reached the Canada Shore the British opened
a fire upon the Boats with Grape Shot and
Small arms and that Just as they were approa-
ching the shore this claimant received a Rifle
Ball in his face just below his left eye and
lodged somewhere in his head where is has ever since
remained, and that in consequence of said ~
wound he is unable to labor for a great part
of his time, and when he does labor (as he is forced
to from penury and want) it is with pain and~
distress, ~ ~ ~
and that he hereby Relinquishes every claim~
[reverse side]
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 ~ ~
        Noah Austin [signature]
      Sworn and Subscribed the
      Day and Year aforesaid

And the Said Court do hereby certify and declare that it
appears to us after the investigation of the matter, that the
above named Applicant was a Soldier as he States and that he was
wounded and disabled as he States

State of New York}
Wayne County ss.
      I Cullen Foster Acting Clerk of said county
do certify that the foregoing contains the original proceeding
of the Court now in Session, in the matter of the application
of Noah Austin for a pension,
      In testimony whereof I have hereunto set
      my hand and seal of office this eighteenth
      day of April 1833.

        Cullen Foster [signature]

[p 5]

State of New York}
Wayne County Ss I Cullen Foster Acting Clerk
      of said county, do certify that Theodore
      Partridge whose signature appears to the
      within certificate & before whom the within
      affidavit purports to have been sworn
was at the day of the date of the same a Commissioner
of Deeds in and for said County & duly authorised to
administer Oath, And I do further certify that I am
well acquainted with the hand writing of the said
Commissioner and verily believe his signature to the
said affidavit & certificate is genuine - In testimony
Whereof I have hereunto set my hand and seal
of Office this eighteenth day of April 1833.
      Cullen Foster [ signature] acting Clk

[p 6]

State of New York}
Wayne County Ss
      I certify that Thomas P Baldwin
      whose signature appears to the within
      affidavit, and before whom the same
      purports to have sworn, was at the date
      of the same a Judge of the County
      Courts in and for said County, and
      that I am well acquainted with his hand writing and
      verily believe the signature of the same Judge, under said
      affidavit is genuine. In testimony whereof I have hereunto
      set my hand and seal of Office this eighteenth day of
      April A.D.1833.
      Cullen Foster [signature] Acting Clerk
      of said County

[p 7]

[certificate] Invalid Claim
      Noah Austin
            N. York

$2 per annum, to commence
      April 18th 1833

Sept. 19 '33
            April 24 -

[written crosswise over the above:]
Hon. Lucius Case
      Secretary of War
      Washington City

[p 8]

            Treasury Department
            3d Auditor's Office
            September 24th 1833~
      It appears from the Rolls of
Capt John Browns Company of New York
Militia to the 30th October 1812, that a Noah
Austin, a private, Entered the Service the
30th August 1812, and is reported "Wounded
at the Battle of Queenstown 13th October
1812 __ See vo 224 Abt A. Paynes Men
a/[?].      P[illeg.] Hagmer [?] Aud
Pension Office
      War Department

[p 9]

Invalid Pension.

      I certify, That in conformity with the Law of the United
States, passed on the 24th day of April 1816_____________
Noah Austin _______ late a private, in Capt. Browns
Company of the New York Militia (in 1812) is inscribed
on the Pension List, Roll of the New York________
Agency, at the rate of two_________ dollars per month,
to commence on the eighteenth_______ day of April _______
one thousand eight hundred and thirty three.______________
            Given at the War Office of the
            United States, this Twenty eighth
            day of September_____ one
            thousand eight hundred and
            thirty three._______

[p 10]

[front of folded certificate]

      1700       [flip side]
      New York       [written vertically along left edge:]
      Noah Austin       Dd. Eddy of Marion Wayne
      private       [inscribed horizontally:]
Captain Browns __ company of the      Order to pay 23 Feby -- 1838
New York Militia (1812)
Ratio of disability, 1/4      Increased to $4 per month -
Date of discharge,      11. April 1850 from 17. Feb. 1840
Time of closing the testimony,      certif. sent to Wilder & Bleeker
___________________________       Merchants, Albany, N.Y.
Entered on the Roll of New York      Letter to Hon. A. W. Buel
at two__Dollars per month, to commence on the May 28, 1850.
18th April 1833      Evans & Hart 13 Nov 1851
Certificate of Pension issued the 28th of September
      1833____ and sent to Davd Eddy
      Marion, Wayne County N.Y.
Arrears to 4th of Sept 1830 $9.06
Semi-anl. all'ce ending 4 mar: " 12.00
Act of the 24 April 1816
      Record Book F. vol.5. p. 1.

[p 11]

[folded certificate]
Noah Austin
      Payable on the 4th March
            and 4th September, at

      by T. W. Scott, Esq.
            Pension Agent

      Registered in Book F.
      Vol. 5. Page 1 by
            D. Brown,

[p 12]

            Mechs. & Farmer's Bank
            Albany Pension Agency
            February 17. 1838.

James L. Edward Esquire,
      Commissioner of Pensions,
            Marshal Baremore a Pensioner
under the Act of June 7. 1832 and Noah Austin an Invalid Pensioner,
each, claims pay from 4 March 1836 to 4 Sept. 1837, on their
respective Numbers herewith sent ---- Shall we pay them? ~~

      I am Sir,
      very Respectfully
      Your obedt. Servt

      Tho MClew[?]t
      [unreadable] Pen Ag

[p 13]

Noah Austin New York _ Albany _ Invalid
            $ 2 per mo

To what time last paid

Pension Office      pF. 1 tn [?] 4 March 1836
23 Feby 1838.      JH

[p 14]

State of New York
      Wayne County } ss.    It is hereby certified that Noah Austin
            formerly a private in Captain Browns Company of the New
            York Militia (in 1812). Who it appears by the accompanying
            Pension Certificate was placed on the pension role at the rate
            of two dollars per month on account as he states of having
            received a wound in his head from a musket shot - the shot
            still remaining in his head and at the present time
            causing a constant discharge at his nostril, the said shot
            having changed its position since 1833. That said Noah Austin
            received said wound as he states while in the time of his
            duty and in said service on or about the ~ 13th ~ day of
            October in the year 1812            at a place called Lewiston in
            the State of New York and is not only still disabled in
            consequence of the said injury but in my opinion is
            entitled to four [inserted: two] dollars per month more than he already
            receives as a pensioner being disable to a degree amounting
            to three [inserted: two] fourths of a total disability
Subscribed and Sworn to this 3d    J. S. Eggleston [sig]
      day of September 1839 before me}      A McIntyre [sig]      } Surgeons
            Fredk Smith, Justice of the Peace~ [sig]

State of New York
      Wayne County }ss.      I do hereby certify that Doct. Jonathan
            S Eggleston      and Doct Alexander McIntyre who subscribed
            and made oath in due form of law to the above certificate
            before me are well known to me and are reputable in their
            profession of Surgeons, and possess and enjoy a high
            reputation for Skill and Experience as Surgeons in
            the vicinity of their residence in Palmyra in the county and
            State aforesaid&Nbsp; ~  & that the words two were in =
            terlined before signing}    Fredk Smith
            Justice of the

[p 15]

[tri-folded paper]
[on outside:]

Please Send the answer
to this application, to
Mess. Wilder & Bleeker
Merchants - Albany,
      LJenkins [signature]

[middle section:]
I certify that I have satisfactory evidence that the
within named Doctrs Eggleston & McIntyre are re-
putable in their profession _ Dated Albany Pension
Agency Feby. 17. 1840.
            ThoMCleutt [?] [signature]
            [??] Agent

[inside section:]

State of New York
County of Wayne   &Nbsp;} ss    I certify that Frederick Smith was
a Justice of the Peace in and for said county duly elected
and qualified at the date of the within affidavit, and that
his signatures to Jurat of said affidavit and to the
within certificate are genuine.    In testimony
whereof I have hereunto set my hand and
affixed the seal of said county this Fourth day
of October 1839.     Cullen Foster [sig] Clerk Wayne County

[p 16]


Payable semi=annually on the
      4th of March and 4th of
      September, at the City of
            New York ~~~~~
            by Prest: U. S. Br: Bank

No payment can be made on
      an original certificate, until
      the arrival of one of the
      other of the above dates
      after issuing the certificate.
            Increase to $4 per month
            to commence 17 Feb. 1840.
      Fowd cert : to Messrs.
      Wilder & Bleeker,
Registered in Book D
Vol. _5_ Page 1 __ by
      Wm M Struart [sig] Clerk

      You May report to the             Agent

[p 17]

            WAR DEPARTMENT.
      I certify, That, in conformity with the Law of the United
   States, of the 24th April 1816 _ _ _ _ _ _ _ _ _ _ _ _ _ _
      Noah Austin, late a Private _ _ _ _ _ _ _ _ _ _
      _ _ _ _ _ of the N. York Militia _ _ _ _ _ _ was, on the
      _ _ _ _ _ 28th day of September 1833 inscribed on the
      Pension List, Roll of the New York _ _ _ _ _ _ _ _ _ _
      Agency, at the rate of Two Dollars _ _ _ _ _ _ _ _ _ _ _
      _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ per month; and that his
      name is now on the roll of the Albany, N. York _ _ _ _ _
      Agency, at the rate of Four Dollars _ _ _ _ _ per month,
      commencing on the seventeenth _ _ _ _ _ day of February
      one thousand eight hundred and [crossed out:] thirty [inserted:] forty.
            This certificate is issued in lieu of one dated on the 28th_ _ _ _
              September 1833, cancelled.

            Given at the War Office of the Unted
            States, this eleventh     day of
            of   April   one thousand
            eight hundred and [crossed out:] thirty forty.
      Examined and countersigned,
            J. R. Poinsett [signature]
              Secretary of War.

            J L Edwards [signature]
            Commissioner of Pensions

[p 18]

            This certifies that we have examined Noah
Austin late a private of the New York militia who
was wounded by a canister shot in the left cheek, which
still remains lodged in the Superior Maxilary bones
from which constantly issues a fetid discharge, ~~~
which does in our opinion entirely disqualify
him from hard labor
Lima Lagrange Co Ia [IN] Mch 26, 1850
            W. A. Sanger&Nbsp;&Nbsp;  M.D.[sig]
          Dr. Chas A Thompson [sig]

State of Indiana
Lagrange County }   Before me John Moore a Justice
       of the peace in and for Said County
Personally Came William A Sanger and Charles A Thompson
To Me Known as Regular Practicing Physicians in good
Standing and being duly Sworn according to Law
Deposeth and Sayeth that the Matters & things
Set forth in the above Certificate are True as they duly decree
      W. A. Sanger   M.D. [sig]
      Dr. Chas A Thompson [sig]
Subscribed & Sworn
before Me this 25th day
of March A D 1850
John Moore J.P. [signature] (seal)

State of Indiana
LaGrange County }ss I, James B. Howe Clerk
    of the LaGrange Circuit Court certify
    that John Moore before whom the foregoing affidavit
    was made was at that date a Justice of
    the Peace for said County & duly authorised
    by law to take the same & that the foregoing
    Signature purporting to be his is genuine
      Witness my hand & the
      seal of said Court this
      25th day of March 1850.
    James B.Howe [sig] Clerk

[p 19]

Brief in the case of Noah Austin now of
    Allen County and State of Indiana
    Invalid act


    Claim, ("original" [crossed out] or "for increase.")

    Proof exhibited, (if original.)

    Is it documentary, traditionary, or supported by rolls? If either, state the substance.

    (If for increase.)
      Has additional evidence been filed since the admission of the claim? If so, what?

      Surgeons certify to 7/8 disability.

    Name and residence of Agent.   S. Cole
    Evans & Fant    Examing Clerk.

[page 2 of "Brief"]

State of Indiana
Allen County ss }&Nbsp;  Be it Remembered that on the
9th day of October A.D. 1851 - Personally appeared
before me the undersigned and acting Justice of the
County aforesaid Henry P. Ayers and Benjamin C
Rowan, Practising Physicians in the City of Fort
Wayne and the County of Allen in the State of
Indiana, who being duly sworn according to law
depose and say that they are personally acquainted
with Noah Austin an invalid Pensioner - who was
a Private in Capt. John Browns Company in ____
Regiment New York Volunteers - under the command
of Col Allen in the war - of 1812 - and who was
wounded at the battle of Queenstown on the 13th
day of October A.D. 1812 _ which upon a personal
examination of said Noah Austin further depose and
say, that the wound is situated on the left side of
the face. The external wound is a little above the left
atlas of the nose in a line falling from the inner canthus
of the left eye. The ball entered or was driven by
the bones of the face in an oblique direction and
probably has a bony lodgement under the left
mater bone - There is a fistulous opening connecting
the nose with the ball from which matter is con-
tinually discharged __ The presence of the ball or -
wound produces a constant pain while stooping
and at times intense headache unfitting him
for manual labor -. and further the deponents
saith not ~ In witness whereof we have here-
unto set our hands and Seals the day and year-
above written -
In presence of (LS) Henry P. Ayres M.D.[sig]
CR.Walker [sig] (LS) Benjn C. Rowan M D [sig]

x "inner" interlined before signing over-

[written perpendicular to above across left edge of page:]
Said wound so far disabling him as to make it impossible to do more
than 1/8 one eighth of a days work at one time - or Seven eighths disabled

[page 3 of "Brief"]

    Sworn and Subscribed before me this the 9th day of
October A D. 1851   John B. Dubois [sig] &Nbsp; Seal
      J P.

[certificate glued to page:]

      State of Indiana, ...... Allen ........ Conty, ss.
    I .....Robert E. Fleming.............. Clerk of the .... Allen ...........
Circuit Court .... in and for said County - ....... of the State of Indiana;
do certify that ...... John B. Dubois ....................................was at the
date aforesaid .... and still is .....an acting ..... Justice of the Peace .....
within and for said County of ..... Allen ......... duly commissioned and
qualified as such; that he is duly authorized by the law of said State
to take the acknowledgment of deeds and other instruments of writing, etc.,
etc., that his acts as shown in the annexed instrument are within the
scope of his legal authority; that his signature thereto is genuine, and that
to all his ............................ it are due and of right ought to be given.

      In Testimony Whereof, I hereunto subscribe my name and affix
      the seal of said Court, at ........ Fort Wayne ...... in said County,
      this ...... 9.............. day of ... October ............... 1851
      ........... R.E. Fleming......[sig]..................... Clerk

[end of certificate]

    We the undersigned do hereby certify that Henry P.
Ayers and Benjamin C. Rowan whose names are attached
to the within affidavit are practising Physicians in
the City of Fort Wayne Allen County and State of
Indiana and persons whose testimony is worthy of all
credence and belief - In witness whereof we have
hereunto Set our hands and Seals this 9th day of October -
A.D. 1851   John.B. Dubois [sig]   Seal
In presence of    Justice of the peace in Said
  C. R. Walker }[sig]    County of Allen Indiana
  O. I. Morgan [signature]
I concur in the above certificate    Notary Public
as to the credibility and professional of State of Indiana
worth of Drs Ayers & Rowan
City of Washington Samuel Bunton [signature]
    Dec 30. 1851 M.C.

[page 4 of "Brief"]

    The State of Indiana
    Allen County   ss   I George W Wood
Register of the Land Office
for the United States at Fort Wayne
Indiana do hereby certify that I
am well acquanted with Henry P
Ayres and Benjamin C Rowan whose
certificate of examinations as Physicians
of Noah Austin, a Pensioner, is here an-
nexed; that said Ayers & Rowan
are respectable practicing Physicians
at Fort Wayne, in good standing and
that they are entitled to credit -
    In testimony whereof I have hereunto
set my hand this 27th day of October
AD 1851 -
      George W Wood [signature]
      Register of the Land Office
      Fort Wayne
Personally appeared before me John Du bois, H.P. Ayers
and B.C. Rowan the within named surgeons who
were resworn as to the facts set forth in the margin
on the within application of Noah Austin

Sworn and Subscribed   H.P. Ayers M. D [sig]
Before me John B. Dubois   BC Rowan MD [sig]
a Justice of the peace in Allen
County Indiana this 6
day of December AD 1851
John B Dubois J.P. [signature] (seal)

[p 20]

          Detroit Nov 1st 1851
      Messr Evans & Fant
        Washington DC
          In May 1850 I made appli
      cation to the Pen - office for an increase of Pension for Noah
      Austin An Invalid Pensioner at the rate of $4 per month
      of the B.[?] Agency. I sent his Pension certificate to the
      Dept. together with Surgeon's certificate of total Disability
On the 4 of June 50 I Recd a letter from the Dept saying that the proof
must be submitted to the Pen - Agent for him to certify that the
Physicians were credible &O [etc.]. As the Phys lived in Ind. & the
Agent in N.Y. this requisition could not be complied with Mr
Austin has got a new certificate from the Surgeons who
are certified to be credible by a J.P, a N.P, & the Register
of the U.S. Land office which I presume will be satisfactory on
that score. The Physicians have certified (in the proof which
I here with enclose), that Austin is "unfit for Manual Labor"
I think these are the same Phy whose certificate is now on file &
that in their former certificate they were more Definite as to the Degree
of Dis. Please take this proof to the Pen office & have it Examined with that previous
ly filed & see if it is not sufficient for a full Pension. If not write what
more must be done I enclose $3. for your service. Be as Liberal with me as
you can in such a case as this & where I can get a good fee I will Divide the Spoil
          Yours truly
          G F Lewis
          J D Preston [signature]

[p 21]


New York
Noah Austin
Captain Brown's company of the
New York Millitia [sic] 1812
Ratio of disability, 7/8th
Date of discharge,
Time of closing the testimony,
Increased from $4
Inscribed on the Roll of Albany
at 7 Dollars per month, to
on the 30 December 1851
Certificate of Pension issued the ten
January 1852 and sent to
      Evans & Fant
      Arrears to 4th of
      Semi-anl. all'ce ending
      Record Book F Vol 5. page 39
      Act of the 24 April 1816

[p 22]
Brief in the Case of Noah Austin Private of Brown's Compy
New York Militia
Lagrange County and State of Ind
[unreadable] Act 24 April 1816
    CLAIM FOR [crossed out:] NEW PENSION CERTIFICATE, [inserted:] Increase

    [unreadable] in Sept 1833 at $2 per month for wound in the
face near the eye, [unreadable] the War of 1812 - increased to
$4:00 per month in Apl 1840, and again increased in
January 1852 to $7 per Month
    He now applies for increase at the rate of whole
disability making a Disclaimer proving Disability, and renouncing
previous Certificate. D White, examiner, certifies that the [unreadable]
truly is a gunshot wound of the face from a canister shot, a
[unreadable] near to the left of the nose. Shot still remains in the
face. There is an opening in the palate as large as a dime -
[unreadable] discharging through both openings and principally through the
[unreadable] affects his speech and causes disturbance of general healthy
activity or ability for performing manual labor.

    Name and residence of Agent.   [?] D Wilson
    Alexr D Kennedy    Examining Clerk.
      LaGrange County
    July 13 1869 - [unreadable]
    July 5, 1869

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

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

Ursula Austin's widow's pension record

List of all persons mentioned in Ursula Austin's widow's pension records

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