Revolutionary War Pension and Bounty Land Warrant Application File S. 30,916, John Cape, Va.
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State of Kentucky
Russel County    SS

Be it rememered that on this 14th day of August 1833 before the undersigned a Justice of the Peace in and for the County Afd. personnally came John Cape a resident of the County of Russel State of Kentucky aged 88 years who being first duly sworn according to law doth on his Oath state That on the 4th day of January he made his declaration before John Vaughan, Esqr. a Justice of the peace in and for the County afd. for a pension under the act of Congress of June 7th 1832 to which declaration he offers This as an amendment he states that By reason of old age and the consequent loss of memory, he cannot swear positively to all the particular incidents which Transpired during the time he was in Service But according to the Best of his Recollection he served not less than the period mentioned below and in the following Grades

1st  he Served one year as a private volunteer malitiaman in Capt. Param Bookers Company, as stated in his original declaration and in Col. Lynchs Regiment.  he further states That in the year 1778, he entered the Service of the United States as lieutenant in Capt James Martins Company that he
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he continued in Service from the aforesd. period untill after the surrender of Cornwallis in the year of 1781 making a period of upwards of three years as he has stated in his former declaration he further states that Each and all the aforesaid Services was performed with an embodied Corps called into service by Competent authority that he was Either in the field or in garrison and for the time during which the services was performed he was not employed in any Civil pursuit And for which Service he Claims a pension as an officer he states that most of the time he served as Lieut he was under the Command of Colo. Crockett  sometimes he was under the Command of Colo. McDowell being often detached out from his Regiment he further states that there is no Clergyman residing near him nor does he know of any one who can Testify as to their belief of his Services he having mostly lived in a remote part of this & Cumberland County for many years and for the last Several years has been So much afflicted that he has been but little from home  he states that since filing his original Declaration he has discovered that he can prove by Charles Thurmon of Cumberland County Kentucky his Services both as a private and officer whose deposition he designs procureing and when done will cause
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the same to be attached hereto

Where and in what year were you born

Answer  I was born in Amelia County State of Virginia in the month of March one Thousand Seven hundred and forty five agreeable to the informatoin of my Parents which I believe to be true

2  Have you any record of your age if so where it it

Answer  I have none nor did I ever have any

3  Where were you living when called into Service, where have you lived Since the revolutionary war and where do you now live

Answer  I lived in Amelia County State of Virginia When I was called into Service and was a Citizen of That County during the whole time of my Service after the final Close of the war I moved to the County of Bedford State of Virginia where I remained untill the year one thousand Seven hundred and ninety Six, when I moved to the County of Lincoln State of Kentucky where I lived a few years then I  moved to Cumberland County State of Kentucky where I resided untill the year one thousand Eight hundred and Thirty when I moved to Russel County Kentucky where I now live

4  How were you called into Service were you Drafted did you volenteer or were you a substitute and if a substitute for whom and did you ever receive a commission when you served as an officer if so by whom was it signed and what has become of it
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Answer  the first tour I served was as a private volunteer malitiaman for one year I never was drafted nor was I ever a Substitute  the residue of my Services was as lieutenant and I was regularly Commissioned by Competant authority but I cannot at this time state by whom it was signed but I know it was signed by the proper person my memory is now frail and cannot Recollect so particular as to state by whom it was signed but at the time I received it I knew what was a good commission & know mine was a genuine one  I have lost it but now when or where I know not - for my tour as a private I received a written discharge signed by my Captain which I also lost

5.  State the names of some of the Regular officers who were with the troops where you served such continental and malitia Regiments as you can recollect and the general circumstances of your Service 

Answer

I have in the body of this declaration stated the names of some of my Colos.  I was frequently with Generals Green Layfatte Washington & others and the General Circumstances of my
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2)

Services I have stated as well as I can Recollect

State the names of persons to whom you are known in your present neighbourhood who can testify to your charactor for varacity and their belief of your services as a Soldier and officer of the Revolution

I have named the Mr. Blankship who has certified for me in my original declaration there are others of my neighbours who I could refer to but owing to my decriped Situation my acquaintance in my present neighborhood is limited  But where I formerly lived I could refer to all my acquaintance and all of who would testify as to  my charactor for varacity and their belief of my services as an officer and soldier in the revolution
Subscribed and sworn to the Day and year afd.
   John (his X mark) Cape

State of Kentucky
Russel County     SS

  I James Belk one of the Commonwealth Justices of the peace in and for the county afd. do hereby Certify that on this day the above named John Cape subscribed and sworn to the above
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amended Declaration in due form of law and I further Certify and Declare my Opinion after the investigation of the matter and after putting the interrogatories prescribed by the war department that the above named applicant John Cape was a Soldier and officer of the Revolution and Served as he States and I further Certify that the said Cape is a man of high respectability of charactor & varacity and full confidence ought to be given to his statements I further certify that there is no clergyman residing in the neighbourhood of said Cape and I also certify that the said Cape is in my opinion 88 years of age and is feeble weak and unable to attend Court and his memory much impaired Given under my hand the day & year afd
   James Belk J. P.

State of Kentucky Russell County Sct.
I William S. Patterson clerk of the Russell County Court do certify that James Belk Esqr Whose signature is annexed to the foregoing certificate is and was at the date of said certificate an acting Justice of the Peace in and for said County
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of Russell duly qualified and commissioned as such and that full faith and credit is and ought to be given to all his official acts as such and that his signature thereto annexed is his genuine signature  In Testimony Whereof I  have hereunto set my hand and affixed the seal of office this 17th day of August 1833 & 42d Year of the Commonwealth
Will S Patterson Clerk
of the Russell County Court Ky
[seal affixed]
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State of Kentucky
Russell County    SS

Be it remembered that on this 12th day of December 1833 personnally appeared before me the undersigned a Justice of the peace in and for The County aforesaid John Cape, a resident of the County afd. who Being duly sworn deposeth and Saith that he heretofore made his declaration for a pension under the act of Congress of June 7th 1832 to which he offers this as an amendment he states That by reason of old age and The Consequent loss of memory he cannot swear positively as to The precise length of his service But according to the best of his Recollection he served not less Than the Periods mentioned below and in the following grades
Viz he entered the service of the United States in the Early part of the year 1776 in Amelia County State of Virginia as a private volenteer malitiaman in a Company Commanded by Capt Param
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Booker he was immediately marched of and was attached to Colo. [illegible] Regiment or part of his Regiment and he further states that he was kept in actual Service as a volenteer he believes the whole of that year but as is suggested the malitia Served in tours this declarant was a volenteer and whether he  volenteered for any definate length of time he is not Certain but so it is if he did not when the Times of the drafted malitia expired he again volenteered and Continued in actual Service and in this way he states that he Served two tours of three months Each and six of Twenty Days Each as a private volenteer as above stated in the year 1776 which Service was done and performed in the State of Virginia as stated in his former declarations, that is in Amelea and the neighbouring Counties and he declares that the Service was performed with an embodied Corps called into Service by Competent authority that he was Either in the field or in Garrison and for the time During which the Service was performed he was not employed in any Civil pursuit and for which Service I Claim a pension.  he further states
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That it is probable part of Said Service was performed in the year 1777 so it is he knows he entered in 1776 and he was commissioned as Lieutenant he thinks in 1778 and he now states most positively that in the year 1778 he served as Lieut. in Cape James Martins Company and in the Regiments stated in his former declarations two tours of three month Each and five of Twenty days Each  he further states that in the year 1779 he served one tour of three months and six tours of twenty days Each  he further states that in the year 1780 he served one tour of three months one of forty days and two to Twenty Days Each.  That in the year 1781 he Served one tour of three months and four of Twenty days Each.  he states that he has made as full a statement in his former declaration as to the places and Battles &c. as he can recollect he further states that the different tours charged by him from 1778 to 1781 was performed by this declarant as Lieut in the army of the Revolution and that he served in Each and every town was done and performed with an embodied Corps Called into Service by Competant authority that he was Either in the field or in Garrison and for the time during which the Service was performed he was
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not employed in any Civil pursuit and for which Service I Claim a pension as well for the time I Served as a private as a Lieutenant  Subscribed and Sworn to before me the date above
   John (his X mark) Cape

State of Kentucky
Russel County     SS

I James Belk a Justice of the Peace in and for the County afd. & State afd. do hereby Certify that on the day & year above mentioned John Cape Subscribed the above amended declaration and was Duly and legally Sworn to the Same before me.  Given under my hand as Justice afd. the day & year afd
   James Belk
   J.P.R.C.
State of Kentucky
Russell County    Sct
I William S Patterson Clerk of the county court for the County of Russell afd to certify that James Belk above named is affixed to the foregoing certificate is and was at the date of the same was acting Justice of the Peace in and for said County of Russell duly qualified and Commissioned as such and that full faith and credit is due all his official acts as such
[seal affixed]
his signature thereto annexed is his genuine signature  In Testimony Whereof I have hereunto set my name and affixed my seal of office this 13h day of December 1833 & the 42 year of the Commonwealth
Will S Patterson
Clerk of the Russell County Court
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State of Kentucky
Russel County     SS

Be it remembered that on this 4th day of January 1838 personally appeared Before the undersigned John Vaughan a Justice of the peace in and for the County of Russel aforesaid John Cape a Resident of the County of Russel aforesaid and State of Kentucky aged 87 years who being first duly sworn according to law doth on his Oath make the following Declaration in Order to obtain the benefit of the provision made by the act of Congress passed June 7th 1832 That he entered the Service of the United States in the month of  (blank space) 1776 in the County of Amelia State of Virginia as a volenteer private malitiaman for one year under Capt Param Booker that they were marched to various places in the neighbouring County that the principle duties required of them was to guard various points he was in no general engagement during the afd. Tour he having faithfully servd the full Term was Honorably discharged by his Capt. McJained no
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Regular troops during the tour above his lieut. name was James Martin. he states that shortly after his return home Captain Booker resigned and James Martin the lieut as afd. was Commissioned Capt. and your declarant was Commissioned Lieut in Capt Martins Company - when in the year 1778 he again entered the service as Lieut in the company of Capt Martin that he continued in service as Lieut for upwards of one year marching through various parts of the County performing the duties required of them which was mostly guarding certain vulnarable points. They Joined other malitia occasionnaly but staid with them but short periods does not recollect the name of any officer; at the End of the year he Returned home upon parole remained there but a short time when he was again Called into Service as before and marched on to Prince Edward Courthouse there Joined some other malitia and marched on to the Sea Cost and had some skirmishes with the British and tories.  He still continued in
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Service marching from place to place  occasionnally in Col Crocketts regiment and sometimes on furlow and finally was marched on to Little York where he was at the Surrender of Cornwallis  he then retired from Service he states that he served faithfully as Lieut in the Service of the United States in the Virginia malitia more than three years in the war of the Revolution he states that his Commission is lost but how when or where he does not Recollect nor does he at this distant period recollect by whom it was Signed he states that he is now so old and afflicted by bodily infirmities that he is unable to attend Court he states that there is no person whose Testamony he can procure who can testafy to his Service nor has he any documentary Evidence he having lost his discharge Commission &c. he further states that he was born in the County of Amelia State of Virginia in March 1745 agreeable to the information of his parents which he believes to be true he has no register of his age He lived in Amelia untill after the Close of the war when he moved to Bedford County Virginia where he lived untill the year 1796 when he moved to Kentucky Settled in Lincoln County
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where he remaind a few years when he moved to Cumberland County Ky where he remaind untill about two years ago when he moved to Russel where he now lives he Hereby Relinquishes every Claim whatever to a pension or annuity except the present and declares his name is not on the pension roll of the agency of any State
Sworn to Subscribed before me the day & year afd.
   John (his x mark) Cape
John Vaughan  J.P.

We John Blankenship Jesse Blankenship & John Blankenship Residents of The County of Russel State of Kentucky hereby Certify that we are well acquainted with John Cape who has subscribed and sworn to the above declaration that we believe him to be 87 years of age that he is reputed and Believed in the neighbourhood where he resides to have been an officer of the revolution and that we Concur in that opinion we further state That we have known him  Some of us for forty years and more and
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     (2)

that we never had any other belief than he Served as he states we further state That the Said John Cape is so old and so much afflicted that we do not believe he can attend Court without Great Hazard and the assistance of his friends that his affliction is old age and bodily infirmity we further state that the Said John Cape is and ever has Been esteemed a man of Strict honor and integrity  Subscribed and sworn to before me the day and year afd
   John (his x mark) Blankenship
   Jessee (his x mark) Blankenship
   John (x) Blankenship
John Vaughan J.P.

State of Kentucky
Russel County    Sct

I John Vaughan an acting Justice of the peace in and for Russel County and before whom the above declaration of John Cape was this day taken subscribed and sworn to do hereby declare my opinion after the investigation of the matter and after putting the Interrogatories required by the war department that the above named applicant was an officer of the Revolu
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=tion and served as he states and I further Certify from the bodily infirmity of the applicant he Cannot attend court.  I further Certify that he is highly respectable and that full Credit ought to be Given to his statements and I further Certify that the above named John Blankenship Jesse Blankenship & John Blankenship who has signed the preceeding certificate are all residents of this County that they are Credable persons and their statements are entitled to credit and I further Certify that Each of them signed and acknowledged the same and was duly sworn to the same before me on this day Given under my hand and seal as Justice afd the day and year afd
   John Vaughan J.P.
State of Kentucky Russell County Court
January Term 1833.

The declaration of John Cape a Lieutenant in the revolutionary war was produced in Open Court Certified by John Vaughan Esqr. a Justice of the Peace in and for the county afd. as also the certificate of John Blankenship, Jesse Blankenship and John Blankenship certified to have been subscribed and sworn to before said Vaughan and the said court do certify that it is
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the Opinion that the applicant was an officer of the revolution and served as he states and that he is unable to attend Court and that the said John Blankenship Jessee Blankenship and John Blankenship who have signed said certificate are residents of Russell County and are credible persons and their statements are entitled to credit.  In Testimony Whereof I have hereunto affixed my seal of office Given under my hand as clerk of the County Court for the County of Russell aforesaid this 14th day of January 1833 & 41st Year of the Commonwealth
  Will S. Patterson
[seal affixed]

State of Kentucky Russell County Sct
I William S Patterson clerk of the County Court for the said County of Russell do certify that John Vaughan who has signed the foregoing declaration of John Cape and the certificate of John Blankenship Jessee Blankenship and John Blankenship is a Justice of the Peace in and for the County of Russell afd. and duly commissioned as such that the signatures annexed to the said declaration and certificate is his genuine signature and I have annexed the said declaration certificates together
[seal affixed]
In Testimony Whereof I have hereunto set my name and affixed my seal of office this 14th day of January 1833 and 41st year of the commonwealth
   Will S Patterson
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State of Kentucky
Cumberland County  SS.

This 31st day of August 1833 personnally appeared before the undersigned Justice of the Peace in and for the County aforesaid Charles Thurmon Sr. a resident of the County & state afd. aged 72 years who being Duly Sworn deposeth and Saith.  That he now is and has been well acquainted with John Cape now a Citizen of Russell County State of Kentucky he knew Said Cape while he lived in Cumberland County which was many years.  I knew him when the said Cape lived in Amelia County State of Virginia before the Revolutionary war and I know that he served in the war of the Revolution as a private volunteer Soldier in the Virginia malitia I think about one year in Capt Bookers Company he does not recollect the christian name of said Booker this he thinks was in the year 1776 he further states that sometime thereafter said Cape recevd. a Commission as lieutenant and entered the Service as lieutenant in Captain Martins Company of Virginia malitia in Colo
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Crocketts Regiment. this he thinks was in the year 1778 and he knows That said Cape was in service as lieutenant from the time he so entered untill after the surrender of Cornwallis in the fall of 1781 he saw said Cape repeatedly while in Service Commanding as lieut and knows he was regularly Commissioned he saw sd Cape at Prince Edward Courthouse & many other place he was always recognised as Lieut.  This affidavit is as Confident That said Cape served as lieut from the year 1778 untill the year 1781 as he could be of any fact unless he had been personnally present during the whole time he was well aquainted with Said Cape before he entered the Service and was often with him during the war and knows he was at the Surrender of Cornwallis Commanding as lieut his station was never doubted he further states that after the Surrender of Cornwallis Said Cape with other malitia officers, was disbanded there Being no further use for
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them he states further that he thinks Said Cape is near 90 years of age and that Said Cape has always Been esteemed an honorable upright Correct man  Subscribed and Sworn to before me the day & year afd.

J M Emerson JP   Charles (his x mark) Thurmon

State of Kentucky
Cumberland County   SS.

I John M. Emerson one of the Commonwealths Justices of the Peace in and for the County afd. hereby Certify that on the day and year above written the above named Charles Thurmon Subscribed & Sworn to the above affidavit before me and I further Certify that said Charles Thurmon is a resident of Said County of Cumberland State of Kentucky that he is a credible person and his statement is entitled to Credit and further I believe he is the age he states Gvien under my hand as Justice afd.  This 31 day of August 1833   J.M. Emerson  JP
   Kentucky Cumberland County Sct
I M King Clerk of the Cumberland County Court do Certify that John M. Emerson whose name is assigned to the foregoing Certificate is and was an acting Justice of the peace in & for said County, and that full
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faith & Credit is and ought to Be Given to his official acts as such & this is his Genuine Signature  Given under my hand and the seal of my office in the town of Burksville this 31st of August 1833.
  M King Clerk
of Cumberland County Court
[seal affixed]
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Columbia Ky. December 16th 1833

dear Sir

  I have amended the declaration of Old Mr. Cape which is enclosed and hope the amendment will Be Satisfactory you will see he Claims for Services as a private as well as Lieutenant I do not know your rule on that subject he declares he Served longer in Each grade than he has Claimed in his amended declaration of which I have no doubt if therefore It is right to make him any allowance for the little time he Claims as a private in addition to his allowance as Lieut it would be well to do so of this you are the Judge he is old poor and helpless
  I am Dep. with
  Respect and Esteem
  Your mst Obd
     Sevt
   Wm Owens
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Horseshoe Bottom Russell Co. Ky. 1st July 1856

Sir

  There is one John Cape living in this County who is drawing a pention as a Lieut. in the revolutionary war & the object of this communication is to infourm you that he is not entitled to it - that it can be proven by two different persons in the County, that his only connection with the Army was to dress Deerskins and make them up & sell them to the British

  Very Rs. your O.bt. S.
  Henry L Green

the Secretary of War
Washington
DC

P.S.  There are several other Torys drawing pentions in this County whose pentions ought to be stopt
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Horseshoe Bottom 3rd Sept. 1856

Sir

Yours of the 16th of July came to hand a few days since after having been detained more than a month with the Seal broken open - and in answer I have to infourm you that I am not authorisd to call a justice of the peace to take the deposition of persons to prove that John Cape was not in the Revy war; and have to request that you would authorised me to call on John Vaughn Esqr of some other J.P. of this county to take the Deposition of Mary Blankenship, Jessee Blankenship John McFall, Green Kane, Harry Kane & Mrs. Brankinship. And have the deposition of Patty Stone of Green Co. who lived in the house with said Cape during the war - you will direct your letter via Danville & Monticello which will provable prevent it from being intercepted  Yours & Co.    H L Green
J.L. Edwards