Revolutionary War Pension and Bounty Land Warrant Application File R. 10636, for William Toomes, Virginia
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SERVICE NUMBER
Va. Toomes, William R. 10636
CONTENTS
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24593
William Toomes
Missouri

refer to Mr [James L.] Edwards
only 12 when he entered the service
Too young
There is no evidence that there was 
any authority for drafts for persons 
So young
John Jameson
Fulton Callaway Cty
Missouri
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WAR DEPARTMENT,
Pension Office,

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 show 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 complying with this request, greatly facilitate the investigation of your claim.

A Statement, showing the Service of William Toombs
Calloway County Missouri
Period when the service was rendered.
Sub 1778
Sub 1779
Sub, 1780
Sub 1781
Duration of the claimant’s service. Years. Months. Days.
" 3 "
" 6 "
" 6 "
duration not stated
Rank of the claimant.
Musician
do
do
"
Names and Rank of the Company officers under whom he served.
Capt Martin
Smith
Martin
Doherty
Names and Rank of the General and Field officers.
No Col
Genl. Lafayette
-
Genl Green
Battles in which the applicant was engaged.
-
-
-
Country through which he marched.
Charlottesville, Hobb Hole
Petersburg
Maryland
Yorktown.
Place of abode when he entered the service, and age at the present period.
65 years
State of Virginia
Evidence by which the declaration is supported.
Traditionary Evidence Only

I am, respectfully,
Your obedient servant,
JAMES L. EDWARDS,
Commissioner of Pensions.
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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 wand 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 classes 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- ing the benefit of this law its 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 } ss. 
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 (c) _______ 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 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 of 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 alleged service, as they are known at the Department. A very full account of the services of each person
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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 if detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be ex-expected. All applicants will appear before some Court of Record in the County in which they reside, and there subscribed and be sworn to, one of the declarations also 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 to 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 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.
 ______________________ 
[a] 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.
[b] 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. 
[c] The age of the claimant must invariably be mentioned. 
[d] The declaration must mention the period or periods of the war when he served. 
[e] Every continual 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, 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. 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 reconciling to the grade of the pensioner and the length of his service. The use of the phrase [italicized] about three or four months, is to 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 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. 
[f] The law makes the relinquishment indispensable. 
[g] The opinion of the Court is always required. 
[h] The Clerk must give his certificate in every case. 
[i] 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 not to prevent any paper from being improperly attached to the certificate. 
Proof of Service. 
[j] 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. 
[pointing finger icon] The notes from [a] t [i] 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. 
[k] This traditionary evidence is indispensable in militia cases. 
[l] If a witness cannot be found, the declarant must state the fact. 
[m] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.
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State of Missouri
County of Callaway SS

1833
65
1768

On this the 18th day of February in the year of our Lord one thousand eight hundred and Thirty three personally appeared in open Court before us Samuel T. Moore, John Conger and James McKinney Justices of the County Court of said County William Toomes a resident of Cedar Township in the County aforesaid aged near sixty five 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  7th June 1832 that he entered the service of the United States and served as herein stated-

That in the Spring of the year 1778 in the County of Albemarle in the State of Virginia
this petitioner entered  the service of a Militia Company commanded by one Capt. John Martin as a substitute for his father John Toomes.

The Company rendezvoused at Charlottesville [Virginia] and marched from thence to Hobbs Hole [Virginia] the company to which this petitioner belonged was joined by others on its march to Hobb's Hole, after being stationed some length of time at said Hobbs' Hole, the troop was marched to Williamsburg [Virginia] at which place this petitioner was  discharged after serving three months as a musician in said Capt. [John] Martin's Company-

In the Spring of the year of 1779 this petitioner again entered the service under Capt. Smith (christian name not recollected) as a musician and as a Substitute  for one Robert Page, and served as well as he recollects Six months. The Company rendezvoused at Charlottesville [Virginia] and joined the army near Petersburg [Virginia] commanded as this
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petitioner believes by Genl. LaFayette  [Marquis de Lafayette]. From Petersburg [Virginia] the army marched in great haste and under much alarm as this petitioner 
then believed,  the route the army pursued
this petitioner cannot now state with any degree of certainty.

He was discharged in an old field not near to any place of notoriety Known to this petitioner.

In the year 1780 this petitioner again entered the service in a militia company as a Substitute for John Massie  commanded by the aforesaid Capt. John Martin- The Company rendezvoused at Charlottesville [Virginia] and marched from thence and joined the movements of the army near Baltimore [Maryland] This petitioner cannot recollect the movements of the army after he joined it but thinks there was some skirmishes by parts of the Army He served as a musician and was discharged after a six months tour some where near the Delaware river- 

In the year 1781 this petitioner again entered the service in a militia company as a substitute for his father [John Toomes] commanded by one Capt. Dohority (christian name not recollected)  The company rendezvoused at Charlottesville [Virginia] early in the month of February and joined the army he thinks that was commanded by Genl Greene [General Nathanael Greene] not far from the eastern shores of Maryland, this petitioner again served as a musician 

the different routes taken by the army or the different places touched upon by the army this petitioner cannot relate but believes the army was at Richmond Virginia
but the army ultimately came near to Yorktown [Virginia] and guarded some baggage during the siege that terminated in the Capture of Cornwallis [Surrender of Cornwallis, Yorktown 1781] [General Charles Lord Cornwallis]

This petitioner as will be seen was only about ten years old when he first entered the service he cannot therefore recollect distinctly who were the field officers he served under during the several tours above mentioned nor what particular 
each tour, but he recollects that Col. Linsey commanded one of the tours in that capacity & Col. Henderson another 

He
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also recollects that Genls Lee, [Nathanael] Greene. Lafayette [Marquis de Lafayette], and [General George] Washington commanded at different times while he was in service but in what particular tours he does not recollect

This petitioner received but one written discharge which was his last service. it was handed to him by Capt Doherty and is lost.This petitioner further States that he knows of no person nor has any documentary evidence by which his services can be proved 

and he further States that he was born in the 
County of Albemarle in the State of Virginia in the 8th day of May 1768 as appears by a register kept by his father which is not now in his possession

Since the war of the revolution this petitioner states that he has lived in Virginia, Kentucky, Illinois and Missouri and the said applicant hereby relinquishes every claim or annuity except the present and declares that his name is not known on the pension roll of any agency in any State

Sworn to & subscribed the day & year aforesaid before me clerk of the County Court of Calloway County in open Court this 18th day of Feby 1833 
Wm [William] Toomes 
J.O. Hockaday clerk  

We Hiram Holl & Saml [Samuel] Jameson residing in the County of Calloway There by certify that we are well acquainted with William Toomes who has subscribed & sworn to the above declaration that we believe him to be Sixty five years of age that as far as they know 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 & subscribed to in open court the day and year aforesaid before me the Clk of sd [said] Court 
Hiram Holt
Samuel Jameson 
[illegible] O.  Hochaday clerk
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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 Hiram Holt and Samuel Jameson who have signed the preceding certificate are residents of the County of Callaway and are creditable persons and their statements entitled to credit- 
Saml. T. Moore
James McKinney
John Conger

County of Callaway Sct-
I Irvine O Hockaday Clerk of the County Court of said County do hereby certify that the foregoing contains the original proceedings of said Court in the matter of application of William Tombes for a pension and that the aforesaid signatures of Samuel T. Moore, James McKinney and John Conger are
genuine signatures
In testimony whereof I have hereunto set my hand and seal of office at Fulton the Seat of Justice of said County this 18th day of February AD 1833 and in the 13th year of the state
Irvine O. Hockaday Clerk
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[left hand page]
Bailes & wife
To town Atty & Co
Chas. [Charles] C. Tucker

[right hand page] 
Act of June 7. 1832.
Suspended Claim of William Toombs [Toomes]
Missouri.)
Power of Attorney  to examine claim

Col Anderson
April 8/34

Charles Tucker
Atty. 
Present
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know all men by these presents that we Kindred Bailey & Mary Bailey his wife formerly  Mary Toombs [Toomes] daughter of William Toombs [Toomes] - deceased once a resident of Callaway Court, Missouri, do hereby Constitute & appoint Charles C. Tucker of Washington City D.C. our true & lawful agent & attorney to prosecute the claim of the said William Toombs [Toomes] decd [deceased] for any amount of revolutionary pensions or increase of pensions or increase of pensions that may be due under the provisions of the act of [blank space] or any other act or resolution of Congress & we hereby authorize one said attorney to examine all papers & documents in  relation to said claim on file in the departments at Washington City or elsewhere. to files additional evidenced or [illegible] & to receive the certificate which may be issued for said claim & to appoint one or more substitutes under him for the purpose herein expressed, and to do all things that we might or could do were we personally  present. 

Hereby ratifying & confirming all that our said attorney may lawfully do in the processes Witness our hands & seals this 22nd day of March AD 1854 
In presence of Kindred bailey Mary bailey
[two handwritten seals next to two names]

State of Missouri Cooper Co Ss
On this 2nd day of March AD 1854 before me a justice of the peace within & for Cooper Co Mo. [Missouri] personally appeared Kindred 
Bailey & Mary Bailey his wife & acknowledged the foregoing power of attorney to be their act & deed for the purposes therein mentioned.
Allen Porter Justice of peace
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State of Missouri
Cooper County SS. On this 22d day of March AD 1854, before the undersigned a justice of the peace in & for the county & state aforesaid, personally appeared Kindred Bailey & Mary Bailey his wife, residents of Said County & made Oath according to law, that they are the identical Kindred Bailey & Mary Bailey who executed the foregoing power of attorney and that they are directly interested in said claim. and make this affidavit to be filed with such additional evidence or arguments as our said Attorney may use in prosecuting Said Claim Kindred Bailey
Sworn to & Subscribed before 
Me the day & year above written Mary Bailey
Allen Porter J.P.

State of Missouri
County of Cooper SS
I Henry C. Levens Clerk of the County Court within & for the County & State aforesaid do hereby Certify that Allen Porter before whom the foregoing affidavit & acknowledgement were made & who has thereto signed his name was at the time of so doing a justice of the peace in & for the County & State aforesaid duly Commissioned & sworn & that all his official acts as such are entitled to full faith & Credit
In testimony whereof I have hereunto Signed my name & affixed my official Seal 
This 22nd day of March AD 1854
Henry C. Levens, Clerk
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10,636
William Toomes
A.O.T.
Aug. 22, 1906
REJECTED
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Suspended untill the applicant shall show why he was recd [received] into the Army at 10 years of age.
10636