Revolutionary War Pension and Bounty Land Warrant Application File R. 9942, for Vallentine Souther, Maryland
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(8-1776)
Service
Number

MD
NC

Souther, Vallentine.    R. 9942
Or Sowther
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No 17933
Valentine Souther
Rejected

Send to G.G. Brewer

R.H. Miller
St Clairsville
Ohio
Belmont County
20th Feb 1833
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Brief in the case of Valentine Souther
of Belmont County in the state of Ohio
(Act 7th June 1832)

1. Was the declaration made before a court or a judge? - A COURT
2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?
3. How old is he? 76 YEARS
4. State his service as directed in the form annexed.

Period
In 17 - BLANK - showing 4 lines of service

Duration of Service
1. about 12 months 
2. about 18 months
3. about 6 months
4. about 46 days

Rank
1. thru 4. Private

Names of General and Field Officers under whom he served.
1. Capt. Bruce & Col Adams
2. Capt. Gaiter, Col Adams, Maj Scott
3. Col Sowell
4. Capt. McGuire

5. In what battles was he engaged? - CAMDEN, SURRENDER OF CORNWALLIS

6. Where did he reside when he entered the service - MARYLAND

7. Is his statement supported by living witnesses, by documentary proof, by traditionary evidence by incidental evidence or by the rolls - BLANK

8. Are the papers defective as to form or authentication and if so, in what respects? NO

X Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.

B F Pleasants - Examining Clerk
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Valentine Souther
17933
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Declaration in order to obtain the benefit of the Act of Congress of the 7th June 1832.

State of Ohio
Belmont County

on this 7th day of November 1832 personally appeared before the judges of the Court of Common Pleas of said count Valentine Souther a resident of Warren township Belmont County and state of Ohio aged 72 years 11 of April 1832 who being first duly sworn according to law doth on his oath make the following declaration in order to obtain the benefit of the provisions made by the act of Congress passed June 7th, 1832. That he enlisted in the army of the United States when between 12 & 13 years of age with Capt. Braco & served in the First Regiment of the Maryland line under the following named officers viz: Col Adams, Major Genl Smallwood, Capt. Braco and continued in the service about 12 months when he was taken sick & sent home with a sergeant Hilray in about two months after he was taken to Annapolis where his father obtained his discharged from the Governor of Maryland. In about two months subsequently he enlisted a second time with Sergeant Nary rendezvoused at Annapolis under Capt. Gaiger and then about four months when he with others were put on board of vessels & sailed to Petersburgh. Gen Smallwood Col Adams Major Scott & Capt. Walters were his officers. He lived in Prince Georges County MD at both periods of enlistment. He was in the battle of Camden, South Carolina when Gen Gates was defeated. He served eighteen months & until the defeat of Gen Gates he was afterwords drafted in the North Carolina militia & served six months under Col.
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Sowell. After he returned to Berkley County VA he hired as a substitute for Wm Green & served 45 days under Capt. McIntyre & was at the surrender of Cornwallis.

He hereby relinquishes every claim 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.

Valentine Souther

Sworn to & subscribed the day and year aforesaid

And the said Court do hereby declare their opinion that the above-named applicant was a revolutionary soldier and served as he states.

I Peter Tallman clerk of the Court of Common Pleas do hereby certify that the foregoing contains the original proceedings of the said court in the matter of the application of Valentine Souther for a pension.

In testimony whereof I have hereunto set my hand and seal of office this 7th day of November AD 1832.

Peter Tallman - Clk
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Power of Attorney - Revolutionary Pension Claims

Know all men by these presents. That I Lydia Haynes, wife of William Haynes & daughter of Valentine Souders of the Revolutionary service to hereby constitute and appoint Samuel A Pugh of Washington City my true and lawful Agent and Attorney to prosecute the claim of Valentine Souders my father deceased for any amount of Revolutionary Pension or increase of pension that may be due and I hereby authorize my said agent to examine all the papers and documents in relation to said claim on file in the Department at Washington City or elsewhere; to file additional evidence or arguments' and to receive the certificate which may be issued for said claim, which certificate I wish made payable to the Heirs of Valentine Souders to appoint one or more substitutes under him for the purpose herein expressed; and to do all things that I might or could do were I personally present. Hereby ratifying and confirming all that my said Attorney and agent shall lawfully do in the premises & hereby revoking all other powers made in the premises. Witness my hand and seal this 26 day of January AD 1852.

Lydia Haynes
Her X Mark

Signed and sealed in the presence of
Witness - James Blair
Witness - William Jones

State of Ohio
County of Guernsey

On this twenty-sixth day of January AD 1852 before me the subscriber a Justice of the Peace in and for the County aforesaid, personally appeared Lydia Haynes and acknowledged the foregoing Power of Attorney to be her act and deed for the purposes therein mentioned.

In testimony whereof I hereunto set my hand the day and year aforesaid.

James Blair - J Peace

The State of Ohio Guernsey County

I George McLeran Clerk of the Court of Common Pleas of the county and state above mentioned do hereby certify that James Blair Esq whose genuine signature appears above was at the time of signing the same an acting Justice of the Peace within and for the county and state aforesaid duly commissioned and sworn and that all his official as such are entitled to full faith and credit.

Witness Geo. McLaren Clerk of said court at Cambridge this 29th day of January AD 1852.

Geo. McLaren - Clerk

Direct to S A Peugh
Washington
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Claim of
Act of

State of
County

Be it know that on this blank day of blank AD eighteen hundred and fifty blank before the undersigned a Justice of the Peace in and for the county and state aforesaid personally appeared blank a resident of blank in said county and made oath according to law that he is the blank who was a revolutionary pensioner at the rate of blank dollars per annum; that blank has been informed that the said pension ought to be increased; that he is directly interested as a claimant in said pension and makes this affidavit to be filed with such additional evidence or arguments as my agent may use in prosecuting said claim.

Sworn to and subscribed the day and year aforesaid before me.

J. Peace

I blank Justice of the Peace in and for said county do hereby certify that blank who executed the foregoing paper is a respectable resident of this county and is I believe directly interested in said claim as therein set forth.

J. Peace

I blank Clerk of the blank court in the county and state aforesaid do hereby certify that blank before whom the forgoing papers were executed was at the date of the same a Justice of the Peace in and for said county, duly authorized by law to administer oaths and the name thereunto subscribed is blank signature.

In testimony whereof I have hereunto subscribed my name and affixed my official seal this blank day of blank AD 185x

Clerk

Lydia Haynes
Ohio
26 or 38

S A Peugh
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Act of 7 June 1832
Rejected
See letter 27 May 1833
To
R H Miller Esq
St Clairsville
Belmont Co
Ohio

9942
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FREE

War Department
Pension Office
Washington D.C.

Nov 13th
17933
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St Clairsville, October 9, 1832

Hon L Cass Secy at war

Enclosed will be found the application of Vallentine Souther a revolutionary soldier for a pension. It will be perceived that he applies as a regular. I have understood that his name is on file in your dept as a deserter. Whether this circumstance will determine him of a pension I know not that it does. It will be observed from his statement that he served 7 months & 15 days as a volunteer which will under the late law entitle him to the provisions of the act of 7th June 1832.

When a determination is made by the dept in the case I hope the dept will have the goodness & advise.

Yours Respectfully
R H Miller
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Brief objections to the admission of pension claim of which those answered in the negative, in red ink, will apply to the claim of Valentine Souther which require further proof or explanation.

I. Does the declaration show where the applicant resides? - YES

II. Did the declarant make the declaration in the county where he resides? - YES

III. If the applicant did not make the declaration in the county where he resides, is there any reason assigned for his not doing so? - BLANK

IV. Has the declarant mentioned the period or periods of the war when he served? - YES

V. Has he mentioned with precision the length of his service, and 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? - BLANK

VI. Has he given the names of the officers under whom he served, in conformity with the regulations? - YES

VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832? - YES

VIII. Has the Court given their opinion? - YES

IX. Has the Clerk given his certificate? - YES

X. Is the Clerk's seal affixed? And if so, has it a device or inscription by which it can be distinguished from any other seal? – The Clerk has affixed his seal, but it is so close that the [illegible] or inscription is not perceptible.
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2

XI. Has the applicant obtained the evidence of a clergyman and another respectable citizen as to their belief respecting his age and the general belief in his neighborhood relative to his revolutionary service? - No 

XII. If the clergyman's affidavit has not been produced, is there any reasons assigned for not obtaining it? - NA

XIII. If the applicant has no documentary evidence, and has not obtained the testimony of at least one living witness, has he stated in his declaration that such proof cannot be had? - BLANK

XIV. If the applicant's name is not found on the rolls of military service, has he produced a witness or witnesses as to his service?
If he has produced direct proof as to service, has the magistrate who administered the oath certified to the credibility of the witness or witnesses?
Has the proper officer certified to the official character and signature of the magistrate as the regulations direct? BLANK

XV. Does it appear from any of the papers that the witness was in such a situation or of such an age as to have a personal knowledge of the applicant's service? - BLANK

XVI. Are the papers authenticated as the regulations direct? - YES

XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And if not, which of them s not so answered? - BLANK

Explanatory Notes

Quere V. 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, etc. 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 blank year, blank months and blank days, I served as a blank for blank months and blank days I served as a blank; and for such service I claim a pension."
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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 they served two years in the militia, etc. 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 places 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.

QUERE XIV. 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 claimants entering the service and the time and matter 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.

QUERE XVI. 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 paper 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 form being improperly attached to the certificate.

In every case where the clerk of the court or other certifying officer 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.
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Land Office, Annapolis, April 23rd 1833

I certify that it appears by the muster rolls remaining in this office that Valentine Souther enlisted as a musician in the 1st Maryland regiment for during the war, in June 1780 and on the 14th of August 1780 deserted - and I further certify that the name of Valentine Souther does not appear upon any of the pay rolls in this office to have received pay for his revolutionary services.

George G Brewer
Reg Lan Office W S MD
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9942
Valentine Souther

REJECTED