Revolutionary War Pension and Bounty Land Warrant Application File R. 10502, for John Thomas, Virginia
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(3-1776)
SERVICE
Va.
CONTENTS
Thomas, John
NUMBER
R. 10502
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STATE of Maryland
Baltimore
Be it known, that on this twenty second day of February, A. D. eighteen
hundred and fifty three, before the undersigned, a Justice of the Peace in and for the city and State aforesaid, personally appeared Warner Thomas, a resident of City of
Baltimore and made oath according to law, that he is the son of John Thomas of Albermarle County Virginia now dead, and who during his lifetime made application for a Revolutionary Pension under the
act of Congress 7th June 1832 which was
Suspended upon the ground that he did not see Six months
that he is directly interested, as aforesaid, as a claimant, and makes this affidavit for the purpose of obtaining such of Pension as may be due under any of the Laws, Regulations
, or decisions that have been or may hereafter be adopted. The said Affiant further
declares that he hereby constitutes and appoints JOHN K MARTIN, of the City of Richmond and State of Virginia, to be Attorney and Agent to prosecute said claim, with power of substitution
, to examine all papers and documents in relation to it, and to do all things necessary and
lawful in the premises; except drawing the money, which will be hereafter provided for.
Warner Thomas
Sworn to and subscribed, the day and
year aforesaid, before me.
Samuel Ringgold J. Peace
City
Samuel Ringgold of the Peace in and for them and State aforesaid, do hereby certify that Warner Thomas above - named, is a respectable resident of this county, and is, as I believe, directly interested in said claim as therein set forth, and acknowledges the above Power of Attorney to be his act and deed.
Samuel Ringgold J. Peace

In testimony that the above-named Samuel Ringgold was a Justice of the Peace in and for said County, at the date of the same, I hereby subscribe my name and affix the
County Seal.
County Clerk.
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State of Maryland Baltimore City to wit 

In Testimony that Samuel Ringgold Esquire before whom the aforegoing Affidavit was made and who has thereto set his name was at the time thereof a Justice of the Peace of the State of Maryland in & for Baltimore City duly commissioned & sworn I hereto set my hand & affix the Seal of the Superior Court of Baltimore City the 30th of February AD 1833 Edward Downy
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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 Army. 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 claim- A in the event musicians or privates, will, in the first Thomas the benefit of this law as 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 Disi s County of On this day of A. B. a resident (b) of personally appeared (a) before in the county of and State, Territory or District being first duly sworn, according to law, doth on his oath make the of June 7th, 1832. That he enlisted in the Army of the United States in the year (d) served in the with and flowing relation, in order to obtain the tent of the provision made by the act of Congress, passed (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 servunder more than one term of enlistment, he must specify the particular period, and rank and names of his officers in 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. 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, (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 appeals 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. 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 her 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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State of Virginia

On this 6th day of May 1833 personally appeared in open Court before the Justices of the Court of Allenwell County now selling, John Thomas of the County of Albemarle and State of Virginia, aged Seventy six years on the 8th day of April last, 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 in the spring of 1779, the month not recollected, he entered service as an Ensign in the Militia in the County of Albemarle the company commanded by Captain John Martin, the name of the Lieutenant was Nathaniel Garland that the company was mustered and stationed at Albemarle Barracks, acting as a guard in part, to the troops of Burgoyne stationed there; that he remained with his company in service at the same place during the tour which he is certain was not less than two months, perhaps as much as three, Capt Martin emigrated from Virginia as far back as 1789 or 90 - and the declarant has understood has become from extreme old age childish, Lieutenant Garland has been dead upwards of thirty or forty years. at the end of this hour the declarant was discharged with the Company as evidence of the correctness of the foregoing statement, the declarant refers to the affidavit of Col James Lewis of Tennessee hereto annexed. That in January he thinks of 1781 he was again called into service as Ensign in the Militia, and again stationed at the Albemarle Barracks, that the company to which he was attached was commanded he thinks by James Garland, who being accidentally shot the command during the remainder of the tour devolved upon the declarant, whether Garland was a Lieutenants command, or whether the & A Lieutenant was absent he cannot say, the he well recollects of assuming and exercising command of the company after Galland, death, until the tour was ended and they were finally discharged.- He is under the impression that about the time he was called into service for this tour, Birgoyner troops as they were called were removed to Winchester, and he the declarant with others were held in service at the Barracks for the purpose of guarding the public stores, and other
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public than property & this town he thinks was certainly not less two, and perhaps as much as three months That in the month of September 1781, he received an order from Col. Nicholas Lewis of Albemarle to take under his command a certain number of men and to gather cattle for the army to be sent to Yorktown, that in obedience to this order, he was engaged for some time in collecting together and sending to the Army at Yorktown Cattle - that the order he received from Col Lewis was written and expressed, that the declarant and the men to be detailed for this service should, as in all such cases have credit for a tour of duty, he has lost or mislaid the said order of Colo Lewis That he was born in the County of Amherst, State of Virginia on the 8th day of April 1757 where he resided till the year 1778 in which year he removed into the said County of Albemarle where he has lived ever since He thinks there were no field officers attached to the militia in service at the times he was stationed at the Albemarle Barracks, there were some regular or Continental troops in service at the back at the same time commanded as well as he recollects by Col Edmund or Edward Taylor and Major John or Thomas Roberts He has a record of his age at his own house made by his father in the New Testament He cannot ascertain, after the lapse of so many years, what has same of his commission of Ensign, he has either lost or mislaid it 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 to & subscribed the day and year aforesaid John Thomas 
Therefore the following interrogatories were propounded by the Court applicant in open Court,
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Albemarle County State of Virginia

 This day personally appeared before me J M Gaull a justice of the peace of the aforesaid County & State, John Muggold and made oath to the above certificate given under my hand & seal this 6th day of May 1833 J.H Grant 

 I do hereby certify that during the Revolutionary war with Great Britain that I served two tours, three months each at the barracks established near Charlottesville Albemarle County State of Va. for the purpose of guarding several thousand British & German prisoners and that during that time John Thomas of the County State aforesaid served at the same place as a military officer, but the grade of office not now remembered, and that a certain John Martin & James Garland were also there serving as military officers, the latter of which was accidently killed by one of the Comal on Guard. Given under my hand this 25th January 1833 his Micajah & Wheeler Mink a Justice Wheeler St Mark

Albermarle County State of Va, This day personally appeared before me Lewis Teel of the peace of the aforesaid County & State Micajah at his own house, and made oath to the certificate. Given under my hand seal this the 1833. L. Teel.
I do hereby certify that I was living in the County of Albemarle State of Virginia where I now reside and will remember that John Thomas of the County of Albemarle & State aforesaid was commissioned to detail men to take and restrain cattle to furnish the army at York town when besieging Cornwallis, and that the said Cattle were put in my fathers enclosure where I fed them often
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Given under my hand this 7th January 1833 Thomas Garth

 Albemarle County Court Personally appeared before me Thomas Garth and made oath before me James Jouman a Justice of the peace for said County of Albemarle and State of Virginia that the above certificate is correct. Given under my hand this 7th day of January 1833 James Jarman

 Whereupon Alexander Garrett being sworn in open court says that he is well acquainted with the applicant and has known him for thirty five years or more, that he is a man of the first respectability and whose statement upon oath is entitled to the most implant faith and confidence

 James Kinsolving being also sworn says that he has known the applicant for twenty five years or more, and having heard the statement of Alexander Garrett he fully accord with him in stating that the applicant is worthy of all confidence; and further saith that Micajah Wheeler (whose affidavit is filed with the applicants declaration) is an old and infirm man and is now laboring under an attack of paralytic and consequently entirely unable to attend the court; 

Marcus Durell being also sworn saith that he was raised in the neighborhood of the applicant and has been his near neighbor for many years, and having heard the statement of Alex Garrett fully accord with him in the same John Watson one of the members of the court selling, states that he has known the applicant upwards of thirty years, that he is a man of great respectability, and that any statement he might make upon oath would be entitled to full faith Credit. 
Doctor Charles Brown another member of the Court sitting, States that Thomas Garth St whose affidavit is filed herein is unable
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War Dept Pen: 9th June 37 
Sir, I have the honor to return you the letter Mr Thomas and in reply to state that John Thomas's claim under act 7 June 1832 was examined on 23 May 1833 and is allowed upon the ground that he had not rendered as much as 6 months military service (the minimum provision of the act in the revolutionary war) He recited two tours as Ensign at Albemarle barracks which he declared was “not less 6 than two months perhaps as much as three” each and his witness Col Lewis of Tennessee defends that he “did not recollect the length of the tours, but believe that they were not shorter than one nor 11 more than 3 months” 
This service at the Barracks was sustained by drafts of militia whose legal term of service was three months. But whether the claim nor his witness have estimated tours for the legal term of a militia tour then the employment of collecting & forwarding beef cattle the army at Yorktown in 1781 is not a military service in the con
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The affidavit of John Garth of the County of Scott and State of Kentucky this deponent saith that he was well acquainted with John Thomas generally called Jack Thomas the County of Albemarle State of Virginia that during the Revolutionary War said Thomas acted as an Ensign in the County of Albemarle and at the rents that this deponent recollects that he was at the Barracks twen when he was there as Ensign one when John Martin led as Captain and at another time when James Garland atter as Lieutenant that this deponent Recallers also when the said Thomas Wild as Ensign in pressing cattle for the use of the Army that said Thomas that in any press him to act him in gathering the cattle which he dis and drove them to his fathers farm for the Tories he always understood that the said Thomas would be entitled to years of service as though they had been performed in the army the length of time that said Thomas Served as Ensign in the County this deponent cannot certainly say but believes could not be less than two hours and in pressing of Cattle he acted for One Mary Jany 28 1833 John Earth. State of Kentucky all County for I John Branham one the taking Justices of the peace for the County aforesaid do certify that John Guth well known to me this the personally appeared before me and after signing his name to said affidavit Made oath that the full contained in the foregoing affidavit are true to the best of his knowledge and belief in from under my hand the 28th January 1833 and I do further certify that the said John Garth are person and his saints ┃ are entitled to credit. the Benham
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PENSION
APR
27
1922
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OFFICE