Revolutionary War Pension and Bounty Land Warrant Application File S. 3692, for John Pierce, Virginia
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3-1776

Service                        Number

Va      Pierce, John     S3692

                                     carded


CONTENTS
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25328
Jonesboro Tennessee
John Pierce
of Hawkins in the State of Tennessee
who was a private in the com commanded
by Captain Miller of the regt commanded
by Col Cole in the Virginia
line for 9 months

Inscribed on the Roll of Jonesboro
at the rate of 30 Dollars - Cents per annum,
to commence on the 4th day of March , 1831

Certificate of Pension issued the 26 day of Dec
1833 and Hon Saml
Bunch

Arrears to the 4th of Sept     75-
Semi-anl. allowance ending 4 March 15.00
---
$90.00
{Revolutionary Claim,
Act June 7, 1832.}
Recorded by Danl Boyd Clerk
Book E  Vol. 7   Page 131
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State of Tennessee
October Tenn 1832

On this 2d day of October, personally
appeared in open Court, before the Judge of the Circuit Ct
for County of Hawkins in the State of Tennessee, now
sitting John Pierce a resident of Sullivan County and
State of Tennessee, aged about 75 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 1832.
That he entered the service of the United States
as a volunteer under the following named officers &
served as herein stated. That he lived in Albemarle County
in the State of Virginia when he volunteered in
the service of his Country under Capt John Miller
late in the fall of 1780 as well as this Declarant can
now recollect, that his Regiment was commanded by Genrl
Nelson, Maj John Martin, & Col Cole but the latter
officer left the Regiment after having gone some distance
& returned home. That the Regiment to which this
applicant belonged was marched by the above named
officers, from Albermarl, with the intention of proceeding
directly to York-town & had on their march
proceeded within a few miles of Williamsburg, when
they received intelligence that Lord Cornwallis with
all his forces was coming across the County into
Virginia That on receiving this information of the
movements of Cornwallis they were induced to cut
across the Country in order to annoy him that they
halted at a place situated on James river, called
Cabin Point where they [then] up Breastwork &
planted cannon, that at this fortification he was stationed 
about two months to repel any assault that might 
be made in this point by the British forces
This Declarent further states that the consternation into
which the State of Virginia was thrown by the
arrival, within her borders of such an enemy as
Lord Cornwallis, caused the Militia to be marched
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from place to place with the greatest rapidity, as
though they knew not what to do, that in the
confusion he was marched from Cabin Point thru
the County to Petersburg, that at this place his
Regiment was detained about twenty days waiting
for any demand that might be made for its services
but none came & they were marched back to
their homes in Albermarle County, that on their
[acteror] home they took in their way Richmond 
where the Regiment broke up some leaving it and
returning home as they could & the others remaining
& were marched home by their respective Captains
This Declarant further states that in the hurry &
confusion of returning home & the probability that
in a short time he would again be called into the
service, he did not apply for nor get a discharge
that his terms of service in this campaign were
a few days over six months.
This Declarant further states that when he returned
home the condition of his Country did not suffer
him to remain long inactive, but he again volunteered
his services in its defence, that in the
latter part of August of the first of September
in the year 1781 he volunteered as a soldier
in the United States service under Capt Benjamin
Harris and served in the Regiment commanded
by Col Reuben Lindsey that his Regiment was
marched from Albermarle to Williamsburg where
they remained a short time & were driven there from
in great confusion, by a British force under the
command of Col Tarleton, that Tarleton persued
the retreating Militia as far as Albermarle
Court house from which he was driven by Capt
Wheeler, This Declarant further states that in their
retreat before Tarleton, from Williamsburg they
became scattered some fled as far as Albermarle
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County & others dispersed in the adjoining Countys
that this Declarant united with his company in
Louisa County & was marched
from there under 
the command of Capt Harry Burk, Capt Harris
having returned home, that they proceeded on
through Williamsburg to York-town where
they joined the Grand Army under the command
of General Washington, that here they sieged
Lord Cornwallis about 30 days & on the 19th of
October 1781 he was forced to surrender all his
forces into the hands of the Americans &
French, that after the surrender of Lord
Cornwallis this Declarant was detached as one of the
guard to take some prisoners to Richmond
that they lodged the prisoners safely in Richmond
jail & this Declarant without applying for
his discharge or geting it, returned home, that
he served two months & about 20 days in
this expedition making in all the time he
served as a volunteer 8 months & about 25
or 23 days. That he never got any discharge
on his services, because he never applied
for one as was the case with a great many
that served in the Militia line.
He hereby relinquishes every claim whatever to
a pension or annuity except the present, and
declares that his name is not on the pension
wall of the Agency of any State, or (if any) only
on that of the agency of the State of Virginia.
Sworn to & subscribed, the day & year aforesaid
WB Mitchell Clk
John Pierce
his X mark
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I Willie B Mitchell Clerk of the Circuit Court of Hawkins
County do hereby certify that the foregoing contains
the original proceedings of the said Court in the
matter of the application of John Pierce for a
pension
In testimony whereof, I have hereunto set my hand
& private seal of Office this 5th day of October
1832
W B Mitchell Clk
I Samuel Bunch member of [illegible]
from Tennessee do certify that Willie B
Mitchell whose signature appears to the
above certificate is & was at the time
of signing the same Clerk of said Court
Given under my hand this     day of
December 1833
John Pierce
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I William Thurman, residing in the County of Hawkins & State of Tennessee do hereby certify that I have been acquainted with John Pierce who has subscribed & sworn to the above declaration about fifty years, that I believe him to be about 75 years old, that he lived in the same neighborhood with me, in Albemarle County in the State of Virginia, when he volunteered in the service of the United States under Capt. John Willis the same Capt. under which I volunteered. that the said Pierce volunteered with me in the latter part of the year 1780 or the first of 1781, that he marched in the same company with me, in the Regiment commanded by General Nelson, Maj John Martin & Colo Cole, that the Regiment marched from Albemarle on toward Yorktown but turned across the Country from Williamsburg that here threw up breast works & remained two months, that from Cabin Point we marched to Petersburg where we remained about twenty days, that from Petersburg we marched to Richmond & from Richmond back to our homes in Albemarle County that during the whole expedition the said Pierce served in the same company with me, that this term of service was as stated by the said Pierce in his Declaration a few days over six months
I further certify that the said John Pierce again volunteered in the service of the U. States under Capt Benjamin Harris, the commander of the Company in which I served, that it was about the time stated in his Declaration, that he was marched in company with me from Albemarle to Williamsburg, that we remained at Williamsburg but a short time when a British force under the command of Col Tarlton caused us to retreat therefrom, that in the retreat I became [illegible]
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Williamsburg, that we remained at Williamsburg but a short time when a British force under the command of Col Tarleton caused us to retreat therefrom, that in the retreat I became separated from the said Pierce & did not see him again till on our march back to Williamsburg, that he was then in one capts Company & I in another his capt was then Harry Burk, that the said Pierce was in the service at the siege of Yorktown that I do not know about the said Pierce going to Richmond with some prisoners, for I was called off in a different direction but I am induced, from my long acquaintance with him, to believe what he has stated, that what the said Pierce has stated about his discharge I believe to be true, for such was the case with all those that volunteered from Albemarle as far as I knew, that the said Pierce reached home about the time I did & that this term of service lasted as stated by said Pierce - 2 months & about 30 days, making in all 8 months & about 22 or 23 days the said Pierce served as a volunteer to my own knowledge
Sworn and Subscribed the day & year aforesaid
William x his mark Thurman

And the said Court do hereby declare their opinion, after the investigation of the matter, & after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary soldier, & served as he states, And the Court further certifies, that it appears to them that Thurman who has signed the proceeding Certificate is a resident in the County of Hawkins & State of Tennessee & is a credible person & that his statement is entitled to credit
Ebnr Scott one of the Judges of the Circuit Courts of Law, and Equity in and for the State of Tennessee aforesaid
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Rev War
INVALID.
File No. 3692
John Pierce
Pvt. Va. line
Act: June 7/32
Index:-Vol. A, Page 296
[Arrangement of 1870.]
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John Pierce

for 1781 private 9 months $30.

Hon S. Bunch

D. Alexander
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BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of John Pierce - which require further proof or explanation.

I. Does the declaration show where the applicant resides? 

II. Did the declarant make the declaration in the county where he resides? No

III. If the applicant did not make the declaration in the county where he resides, is there any reason assigned for him not doing so? No

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

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? No

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

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

VIII. Has the Court given their opinion? 

IX. Has the Clerk given his certificate? 

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? No
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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 reason assigned for not obtaining it? No

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? 

XIV. [notation sign 1]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 the official character and signature of the magistrate as the regulations direct? 

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? 

XVI. [notation sign 2]Are the papers authenticated as the regulations direct? No

XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered? 1. 2. 7.
_________________________
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, &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.”
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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, &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 shewn 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 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. 

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 from 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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[illegible]ville T Public Documents Free
Decr. 10th
The Honorable
Samuel Bunch
Member of Congress
Washington city
Dis. Col.

Tenn
Hon. S. Bunch
HR.
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Rogersville
December 10th 1833

D. Sir
Enclosed are two claims for pension, amended agreeably to the instructions of Mr. J. L. Edwards comr of Pensions
1st. Thomas Hammon's who has died since his original declaration was made out his widow though has amended it
2d John Pierce's - who amended according to instructions of Mr. Edwards both residents of Hawkins Tennessee
Will you please present them to Mr Edwards Dept the certificates & forward them to me
In each of these cases I want you to certify that W. B. Mitchell is clerk &c. You will perceive I have drawn the certificates for you to sign
I am with much regard,
Yours Sincerely
D Alexander
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John Pierce
Amended
Declaration 

S. Bunch
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State of Tenessee
Hawkins County}
Personally appeared before me the
undersigned a Justice of the Peace
for said County
John Pierce who being duly sworn
deposeth & saith that by reason of old age, the consequent
loss of memory he cannot swear positively as to the
precise length of his service, but according to the
best of his recollections he served not less than
the previous mentioned be long and in the following
[gths]
For six months & ten days I served
as a private soldier.
For two months & 20 days I served
as a private soldier, and for such service I claim
a pension-
The reason I did not make my
declaration in the county where I resided at the time
I made it, was that I had but recently moved
to Sullivan having previously lived in Hawkins
County for a long time & the witness, William
Thurman residing in Hawkins who has testified to
my [service] I was obliged to make it out in
the latter County - There is no clergyman residing
in the neighborhood. I am acquainted
with the said William Thurman also with
John M Vaughan & Jacob Wills
who have testified to my reputation [belong]
I was born in the City of London England
near Saint Paul's Church, and came to America
when I  was a boy. 
I have no record of my age.
Sworn or to &  subscribed before
me this 14th day of November 1833
Joseph Smith Esq
his
John Pierce
mark
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State of Tennessee
Hawkins County{ Mr John M Vaughn & Jacob Wills residing in the county of Hawkins aforesaid hereby certify that we are well acquainted with John Pierce who has subscribed & sworn to the above declaration, that we believe him to be Seventy Six years of age, that he is reputed & believed in the neighborhood where he resides to have been a Soldier of the Revolution, and that we concur in that opinion
Sworn to & Subscribed} Jno. M, Vaughan
the day & year aforesaid} Jacob Wills
towit the 14th day of November 1833
Joseph Smith {J.P.}

State of Tennessee
Hawkins County} I Joseph Smith an acting Justice of the peace do certify that I am acquainted with John M Vaughan and Jacob Wills who have sworn to & Subscribed the foregoing affidavit, and believe that their statement is Entitled to credit
In witness whereof I have hereunto set my name this 14th day of November 1833
Joseph Smith {JP}
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State of Tennessee
Hawkins County} I Stockley D Mitchell Clerk of the Court of Pleas and Quarter Sessions of Hawkins County in the State aforesaid do certify that Joseph Smith whose name is subscribed to the foregoing certificate is now and was at the time the same bears date an Acting Justice of the Peace of said County duly Commissioned and qualified and that his signature thereto appears to be in his own proper handwriting ~
Given under my hand and seal of of office at office in Rogersville the 9th day of December AD. 1833
S D Mitchell Clk
By W B Mitchell D Clk