James Waits Pension Application for the War of Independence

Kathy Wait Myers — Mon, 05 Jul 2010 03:36:00 +0000

This is the pension application for my 5th Great Grandfather James Waits (Waites) (1760-1855). His birth date in this deposition is stated as 1762, but his tombstone says 1760. His brother Charles birth year is listed in the documents that I’ve found as 1762, though, so I’m not really sure when he was born. I’ve also seen his birth town listed as Berkeley County Virginia, but that’s not what this looks like to me.

I’ve transcribed this document below, but you can click the image if you want to view a larger image and read it for yourself. The handwriting is difficult in places, especially when it comes to people and places, unfortunately. If you have a better guess of what it says in places, leave me a comment and let me know. Thanks!

Happy Independence Day!!

The State of Ohio Brown County Court of Common Pleas April Term 1833

On this 29th day of April in the year of our Lord one thousand eight hundred and thirty three personally appeared before the honorable the Judges of the Court of Common Pleas in and for said county James Waits as resident of the count and state aforesaid aged seventy one 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 June 7th 1882 that in the month of May 1777 he entered into the service of the United States and served as herein stated – he served six months in the militia of Washington County Pennsylvania under Colonel Springer, deponent while serving in the militia was engaged in several skirmishes with the indians at Garrets Fort and on the waters of Whitely he was engaged the whole of the above tour against the indians. In March 1778 deponent enlisted in Fayett County Pennsylvania for nine months the whole of which time he served out under Captain Stoakley of Colonel Lauhery’s Regiment and General Broadhead’s Bridage or command. He was marched under the above named officers to Uniontown Hannah’stown Smiths Station and to wall’s station thence to Pittsburgh where he joined the main forces under General Broadhead, he was then marched up the Allegheny River to Catamon station where he apisted to build a fort Colonel Byard took command of the forces that marched up the river – deponent remained at this fort three months scouting against the indians. Deponent was then marched by General Broadhead higher up the river to Murrey town where the whites had a sharp skirmish with the indians, he was then marched to Pittsburgh thence to Hannahstown where he was discharged by Captain Stoakley who gave

________________________________________________________________________________page 2

Deponent a written discharge which he has long since lost.

In 1782 deponent states that he was out as a volunteer under Colonel Crawford against the indians at Sanduskey where Crawford was defeated. on this tour he was out six weeks. Deponent states that he has a written record of his age, that he was born in (Bertley?) County Virginia in March 1762 at the time he first entered the service of his country he lived in Fayett County Pennsylvania but served in Washington County as before stated. He never received but one written discharge which as stated has long been lost. Deponent knew Captains (Jacob?), Stoakley, and Springer, Colonels Lauherty and Byard, and General Broadhead. There is no clergyman living in the neighbor hood of deponent – he is well known to William Boyle Martin Bishop and others residents of Brown County by whom he can as he believes prove as good character for truth and veracity and that he is believed and represented in his neighbor hood to have been a soldier of the revolution – Deponent has procured the depositions of Philip Smith and Agnes Smith residents of Wayne County Ohio by whom he can prove part of his services which depositions accompany this declaration – he knows of no other living witnesses by whom he can prove his services – he has lived at his present residence in Brown County Ohio for the space of twenty eight years previous to which (??) he lived in Kentucky. Deponent has never received a pension he hereby relinquishes every claim whatever to a pension or annuity except the present and declares that his name is not on the pension roll of the agency of any state.

Sworn and subscribed the day and year foresaid in open Court. G. W. King Clerk

his

James X Waits

mark

We Charles D Mc Manaman and James Moorhead residing in the County of Brown and State of Ohio do hereby certify that we are well acquainted with James Waits who has subscribed and sworn to the foregoing declaration that we believe him to be seventy one years of age, that he sustains a good character for truth and veracity, 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 in open Court. G. W. King Clerk

C. D. McManamen

James Moorhead

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Tombstone Tuesday – James WAITS 1760-1855

Kathy Wait Myers — Tue, 06 Oct 2009 21:47:43 +0000

James WAITS is my 5th great grandfather. In other words, he’s my grandfather’s grandfather’s great grandfather!

James was born in Berkeley County, Virginia (which is now West Virginia). His tombstone says he was born in 1760, but a deposition that I read in his Revolutionary War Pension file says that he was born in March of 1762.

In May 1777 when James was 17, he joined the American Revolution. He enlisted in the militia of Washington County, Pennsylvania and served six months under the command of Colonel Springer. During this time, he was “engaged in several skirmishes with the Indians at Garrets Fort and on the waters of Whitely.” He served again in 1778 out of Fayette County, Pennsylvania.

James applied for his pension in April 1833 and was eventually awarded a pension in March 1834 in the amount of $54.65 per year for his service in the War of Independence.

In 1781, he married Margaret Livengood in Washington County, Pennsylvania. She was born 3 Sep 1763 in Greene County, Pennsylvania. I don’t yet know who her parents were. James and Margaret raised eleven children and were married for 74 years. Neither knew how to read or write and signed papers with an X, known as their “marks.” Although they didn’t write out their names, their marks are definitely unique. James wrote his as an “and” sign like I use. Margaret used an X with swirly tips.

James WAITS signature, aka: "his mark"

Margaret Waits signature (aka: "her mark")

In 1782, James volunteered for military service again. This time, he fought in Sandusky.

In 1799, James and Margaret moved to Clermont County, Ohio along with his brother Charles who was also in the Revolutionary War. According to an article in the Clermont Courier, (July 1, 1885), James lived in Williamsburg and was always out for the Fourth of July celebrations.

In 1838, he is listed as owning 118 acres in Sterling Township, Brown County, Ohio. Nearby, were his brother Charles as well as James’ sons Charles (my 4th great grandfather) and Jacob.

James and Margaret lived in Sterling, Brown, Ohio for the remainder of their lives. James died on March 2, 1855 at the age of 95. He is buried at Taylor Chapel Cemetery in Sterling, Brown, Ohio. Section 1, Row 5, Grave 9.

After the death of her husband, Margaret filed for her widow’s pension at the age of 92. She died the following year on July 14, 1856. I’m not sure where she is buried.

I’d like to take a trip to Ohio soon, so I can visit his grave and find hers. Also, there is a book at the Batavia library in Clermont County that apparently has a wealth of information about James and his brother Charles as well as their families.

I’d also like to thank Footnote.com for blessing me with 58 pages of his pension file! Without them, who knows how long it would have taken me to see his X. It’s a remarkable experience to see an image that he touched so many years ago. Thank you!

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Kathy Wait Myers Genealogy» 1700s

James Waits Pension Application for the War of Independence

Tombstone Tuesday – James WAITS 1760-1855