Revolutionary War Pension and Bounty Land Warrant Application File S. 22,333, for James Jones, Maryland
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(8 - 1776)
SERVICE 
Md.  Jones, James
NUMBER
S.22,333

CONTENTS
enl. at Annapolis, Md.
i
n 1834 res. of Kingston, Luzerne Co. Pa. aged 74 yrs.
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26,166
Pennsylvania
James Jones
of Luzerne Co. in the State of Pa who was a Drum'r in the Company commanded by Captain ____ of the Regt. commanded by 
Genl Gates in the Maryland line for ____
2 yrs Drummer $88.00

Inscribed on the Roll of Penn'a at the rate of 88 Dollars ____cents per annum, to commence on the 4th day of March, 1831.

Certificate of Pension issued the 24 day of March ___ and sent to [Mr?] H. Pettibone, Wilkes Barre, Pa

Arrears to the 4th of Apl 1834 - 264. 00
Semi-anl. allowance ending 4 Sept 44.00
=
$308
=
Revolutionary Claim,
Act June 7, 1832

Recorded by J. T. Sprague Clerk,
Book C -- Voll 5 Page 29.
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State of Pennsylvania
County of Luzerne [illegible]

On this first day of February one thousand
Eight hundred and thirty four
personally appeared before the Judge of
court of said County, James Jones a resident of Kingston Luzerne County and State of Pennsylvania Age Seventy four 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 enlisted in the army of the United States in the year 1777 and served as herein stated. He entered the United States service in June 1777 at Annapolis in Maryland as a musician, when he left there he marched to Bound Brook, in New Jersey and was at that place at the time of the Battle of White Plains.
From Bound Brook he marched to West Point
where he was stationed until late in the Fall of 1779 when he marched to Morris Town
in New Jersey. Remained there through the
winter and in the the Spring of 1780 he marched
with the flying army for the South. In June or July was put under the command
of Genl Gates and marched to South Carolina
and in August 1780 he was at
the Battle of Camden in South Carolina
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where he was taken prisoner by the British
and was taken to Charleston S.C. and was
put on board a prison ship where he
underwent a great many hardships and
privations being put on half allowance
and treated with great severity. in the
Spring of 1781 he was put on board
of a British man of war and sent to
the island of Jamacaia where he
remained a prisoner untill peace was
Declared when he Deserted the vessell by
Swimming a shore in the night and
remained there untill he found an
opportunity to return home which was
nearly three years afterwards when he returned
home in a British Bottomed vessel laden with Rum and Sugar Bound for Philadelphia where he was landed without friends or money. he has resided in Luzerne County in the State of Pennsylvania for the last fifteen years he still
resides. in consequence of the loss of
memory, he cannot recollect the particular
Regiment or company he belonged to he has
also forgotten the most of the officers.
he recollect of Capt Clickel at Bound
Brook; he also recollects Capt Price or Brice who was taken prisoner at Camden S. C. was under Genl Putnam at West Point, General
Gates commanded at the Battle of Camden,
He hereby relinquished every claim whatever to a revolutionary pension or annuity except the present and he Declares that his name is not on the Pension roll of any Agency in any State
Sworn & subscribed in open Court
February 1st 1834
Henry Pettibone Prothy
James Jones
his X mark
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State of Pennsylvania Luzerne County ss
I Henry Pettibone, Prothonotary of the Court
of Common Pleas of the County aforesaid, do
hereby certify that the foregoing contains the
original proceedings of the said Court in the
matter of the application of James Jones
for a pension.
In testimony whereof I have hereunto set my hand and seal of said Court
at Wilkes barre this First day of February Anno
Domini 1834
H. Pettibone, Prothy
By Harris Colt
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29.728.
James Jones
Penn'a
Adm 2 year drummer
G G B

H. Pettibone
Wilkesbarre
Penna
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WAR DEPARTMENT.
Pension Office,
1 March 1834
Sir:
The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in a tabular form. On comparing these papers with the following rules, and the subjoined notes, you will readily perceive that objections exist, which must be removed,before a pension can be allowed. the notes and the regulations will shew what is necessary to be done. Those points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus: }).
You will, when you return your papers to this Department, send this printed letter with them; and you will, by compling with this request, greatly facilitate the investigation of your
claim.

A Statement, showing the service of James Jones

Period when the service was rendered. - 1777

Duration of the claimant's service.  [blank]

Rank of the claimant. - Musician

Names and rank of the Field officers under whom he served. [blank]

Age at present, and place of abode when he entered the service. - 74 years Annapolis, Md.

Proof by which the declaration is supported. [blank]

I am, respectfully
Your obedient servant
JAMES L. EDWARDS.
Commissioner of Pensions.
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2
REGULATIONS UNDER THE ACT OF JUNE 7, 1832.
The following regulations have been adopted:
This law has been construed to extend, as well to the line, as to every branch of the Staff of the
and to include under the terms "Continental Line," "State troops," "militia" and "volunteers," all
persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who
were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to
Store Keepers, &c., Teamsters, Boatmen, &c. Persons who served on board of private armed vessels are
also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service. Four general classes of cases are embraced in this law:
1. The Regular Troops.
2. The State Troops, Militia, and Volunteers.
3. Persons employed in the Naval Service.
4. Indian Spies.
As rolls of the regular troops in the Revolutionary War exist in this Department, all persons claiming the benefit of this law as officers, non-commissioned officers, musicians or privates, will, in the first instance, make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides. And every Court having by law a seal and Clerk is considered a Court of Record.
DECLARATION.
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
State, Territory, or District of 
County of

On this __ day of ____ personally appeared (a) before
A.B. a resident (b) of ____ in the county of ___ and State, Territory or District of ____, aged ___ 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 enlisted in the Army of the United States in the year (d) with and served in the (e) regiment of the
___ line, under the following named officers:
Here set forth the names and rank of the Field and Company Officers; the time he left the service; (and if he served
under more than one term of enlistment, he must specify the particular period, and rank and names of his officers;) the
town or county and State in which he resided when he entered the service; the battles, if any, in which he was engaged
and the country through which he marched. This form is to be varied so as to apply to the cases of officers and persons
who belonged to the militia, volunteers, navy, &c.
He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of ___.
Sworn to and subscribed the day and year aforesaid.
A. B.
And then will follow the certificate of the Court.
And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states. I ____ of the Court of _____ do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of  ____ for a pension. In testimony whereof, I have hereunto set my hand and seal of office (i) this ___ day of ____& c.

If, on examination of the proper record, the names of applicants, making such declaration, cannot be
found, they will produce such proof as the rule given in note (j) points out.
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia.
except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz:
(k) We, A. B., a Clergyman, residing in the _____ and C. D. residing in (the same) hereby certify, that we are well acquainted with _____ who has subscribed and sworn to the above declaration; that we believe him to be ___
years of age; 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 days and year aforesaid.

And then will follow the certificate of the Court.
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary
Soldier, and served as he states. And the Court further certifies, that it appears to them that A.B.
who has signed the preceding certificate is a clergyman, resident in the _______ and that C.D., who has also signed the same is a resident in the ____ and is a credible person, and that their statement is entitled to credit.
I ___ Clerk of the Court of ____ do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of _____for a pension.
In testimony whereof, I have hereunto set my hand and seal
of office, this ____ day of ____ &c.
Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction. If such surviving witness cannot be found, the applicant will so state in his declaration, (l) and he will
also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his
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alleged service, as they are known at the Department. A very full account of the services of each person
will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County in which they reside, and
there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.
The Court will propound the following (m) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.
1. Where and in what year were you born?
2. Have you any record of your age, and if so, where is it?
3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?
4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom?
5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services.
6. To a Soldier - Did you ever receive a discharge from the service, and if so, by whom was it given, and what has become of it?
To an Officer - Did you ever receive a commission, and if so, by whom was it signed, and what has become of it?
7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution.
The Court will see that the answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant.
The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons--one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from
their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion. If one of these persons is a Clergyman, the Court will so certify, and they will also certify to the character and standing of other persons giving such certificates. The traditionary evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party. And the Courts are requested to be very particular in the enquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
Applicants unable to appear in Court, by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court. Whenever any official act is required to be done by a Judge or Justice of a Court of Record,
or by a Justice of the Peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature. No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period
of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter. The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance. The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not
conforming to the rule. The age of the claimant must invariably be mentioned. The declarant must mention the period or periods of the war when he served. Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the
claim cannot be had. Every claimant must state, with precision, the length of his service, the different grades in which he served, in language so definite as to enable the Department to determine to what amount of pension he is entitled. In a case where the applicant cannot, by reason of the
loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, 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:--For---year– months, and — days, I served as a —. For —- months and --- days, I served as a —------ and
for such service I claim a pension."
It is important, in all cases, to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months, is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state that they served two years in the militia, &c. without specifying the tours, the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must, in every case, be clearly shown under what officers the applicant served; the duration of each term of engagement;
the particular place or place where the service was performed; that the applicant served 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. 
The law makes the relinquishment indispensable. 
The opinion of the Court is always required.
The Clerk must give his certificate in every case.
The Clerk must affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he has no public seal of office, the certificate of a Member of Congress, proving the official character and signature of the certifying officer, should accompany the
Papers.


Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other papers authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must
pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.

Proof of Service.
In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses, who are required to set forth in their affidavits the time of the claimant's entering the service, and the time and manner of his leaving the same, as well as
the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
The notes from (a) to (l) are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in note (j) applies to continental troops only.
This traditionary evidence is indispensable in militia cases.
If a witness cannot be found, the declarant must state the fact.
The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.
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Revolution
22333
INVALID.
File No. 22,333
James Jones
Drummer Rev War
Act June 7th 32
Index:--Vol. ---2, Page 212
(Arrangement of 1870.)
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[ink too faded to read]
Page 12

Land Office, Annapolis, March 18th 1834

Sir
Yours of the 1st Inst with the declaration of 
James Jones enclosed, was received.-- In reply I have to inform you, that it appears by the muster rolls in this office, that James Jones enlisted as a Drummer in the Maryland Regiment, the time of his enlistment however is blank [on]
said roll - it also appears by said roll, that on the 16 of August 1780, he was reported missing. The applicant States in his declaration that in August 1780 he was taken prisoner at the battle of Camden in South Carolina, his
statement therefore corresponds with the roll. 
I do not find his name upon any of the pay rolls to have ever received pay for his revolutionary services- the declaration is herewith returned.

I am very respectfully
Yr Obt Svt
George G Brewer

J. L. Edwards Esqr