Revolutionary War Pension and Bounty Land Warrant Application File S. 17,862, John Breeding, Va.
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Virginia

Breeding, John

S. 17.862
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17862

INVALID.

File No. 17.862

John Breeding
Private Revolutionary War

Act: June 7 1832

Index:Vol. 1 Page 438

[ Arrangement of 1870 ]
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23,708

Virginia

John Breeding
of  in the State of Virginia
who was a private in the ___ commanded
by Captain ____ of the Regiment commanded
by Colonel Allen in the Virginia
line for 9 months

Inscribed on the Roll of Virginia
at the rate of 30 Dollars per annum
to commence on the 4th day of March, 1831.

Certificate of Pension issued the 22 day of March 1834
and Honorable J. Tyler
Senate, U.S.

Arears to the 4th of March 1834   90
Semi-annual allowance ending 4 Sept.  15
    $105

Revolutionary Claim
Act June 7, 1832.

Recored by Nathaniel Rice Clerk,
Book E. Vol. 6 Page 4
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John Breeding, New Kent
Virginia

No 25283

Honorable Jno Tyler
Senate
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State of Virginia, New Kent County Court

On this 17th day of March 1834 personally appeared in the open Court before William H Macon, Veverly Crump, R. Graves, Mrs. A. Taylor, Tho. Tennell the court of said county now sitting John Breeding a resident of said county and state aged seventy six years who being first duly sworn doth on his oath make the following declarations in order to obtain the benefit of the act of Congress passed 7th June 1832.

That he entered the service of the United States under the following named officers and served as herein according to the best of his recollection at this time, That he entered the service as a militiaman from the county of New Kent ( the time of entering not recollected) under Captain George Baker of said county and served a tour of three months, he was at different times during the tour stationed at Williamsburg and Yorktown Virginia and at the Caller place was discharged. He recollects that Colonel Richmond Allen was one of the officers in command.

That he was again called as a militiaman from the said county of New Kent and served another tour of three months under Captain John Bacon of said county and was stationed the greater part of this tour in and around Williamsburg Virginia and was discharged.

That he was again called out as a militiaman from the County of New Kent and served another tour of three months under Captain George Baker of said County and was stationed about a mile or two above Williamsburg Virginia and was discharged but a short time before the seige of Yorktown, from the lenght of time and conquered. Cause of memory he is unable to say at what time he entered the service of the different tours he has mentioned but as to the duration thereof he is positive. He recollects among some of officers under whom he served the names of General Nelson and a Major Ragsdale. He has no written discharge he was drafted from the Meleka of the County of New Kent. That he was in no battle
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battle. That he knows of no persons being in the county except James Williams and Edward Slater who knows of his having served in the army and their certificated accompany this declaration.

To the interrogatoriws directed by the war department to be proposed to every approach he answers.

That he was born in the year 1754
That he has no record of his age the same having been destroyed
That he was living in the county of New Kent when called into service and has continued to live in said county to this time.
That he was drafted from the militia as stated in his declaration.
That he has stated in his declaration the names of some of the officers as well as he recollects.
That he never did receive a written discharge.
That he is known to Edward Slater and James Williams who can certify as to his character for veracity and their belief of his services as a soldier of the Revolution and that Colonel William M. Macon the presiding member of this court will also certify as to his character and his belief of his services.

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 any state.

Sworn to and subscribed the day and year aforesaid.

John Breeding [ his mark ]

I ajmes Clapton a clergyman residing in the county of New Kent and State of Virginia do hereby certify that I have seen and know John Breeding who has subscribed and sworn to the above declaration, that I believe from his appearance that his Seventy five years of age as he states. That he is respected and from that I have learned from others to have been a soldier of the Revoluation. And we James Williams and Edward Slater residing in the same county and state do hereby certify that we are acquatined with John Breeding who has subscribed and
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and sworn to said declaration that we believe him to be seventy five years of age and that he is respected and we know him to have been a soldier of the Revolution.
Sworn to and subscribed the day 1 years ago.

James Clopton
James Williams
Edward Slater

I William H. Macon presiding magistrate of the court of New Kent County and state of Virginia do hereby certify that from the information I have received from others as well as what has happened writtne my own observation that John Breeding who has subscribed and sworn to the foregoing declaration is entitled to credit, that he is fully seventy five years of age (and very infrim). That he is reputed and believed and I myself believe (having served in the army) that he was a soldier of the Revolution.

Sworn to and subscribed the day and year afore
V H Macon

And the court do hereby declare their opinion after the investigation of the maker and after putting the interrogatories prescribed by the War Department that the above named applicant was a soldier of the Revolution and served as he states. And the court futher cerifies that is appears to them that Jame Clopton who has signed the preceding certificate is a clergyman resident int he county of New Kent and that James Williams and Edward Slatr who have also signed the same are residentsof the said county of New Kent and are credible persons and that their statement is entitle to credit.

V H Macon
R Graves
Beverly Crump
John Augustino Taylor
Thomas H Terrell
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I John D Christian clerk of the court of the county of New Kent do hereby certify that the foregoing contains the original proceedings of the said court in the matter of the application of John Breeding for a pension.

In testimony whereofIhave hereunto set my hand and seal of ofice this 17th day of March 1834.

Jno D. Christian
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No 25283

John Breeding New Kent County
Virginia

Returned

Admit as a private
9 months $30

Honorable
J. Tyler
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WAR DEPARTMENT,
Pension Office,
1 August 1833

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 necefsary 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, shewing the service of John Breeding New Kent County Virginia

Period when the service was rendered. 

Duration of the claimant's service. Years | Months | Days
Entered | not stated | about 3 [months]
Called out | about 3 [months]
Called out | not stated | 3 [months]
[Total] = 9 =

Rank of the claimant.
private
"
"

Names and rank of the Field officers under whom he served.
Cap Baker, Col Allen
Cap Bacon, Genl Nelson
Cap Baker, Major Ragsdale

Age at present, and place of abode when he entered the service.
75 years
County of New Kent Virginia

Proof by which the declaration is supported.
Traditionary evidence certified credible with Clergymans certificate - papers authenticated.

I am, respectfully,
Your obedient servant,
J. 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 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, mucicians [[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                                  } ss.
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 for 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.  [[pointing finger image[] 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 said Court in the matter of the application of ___ for a pension.
In testimony whereof, I have hereunto set my hand and seal of this 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 Virgin a 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 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. 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 of commission; but if neither of these can be obtained, the party will so state under oath, and will the 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 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 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 for 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 the 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 the 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 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 declarant must mention the period or periods of the war when he served.
{e} 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, 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 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 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 the 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 pubic 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 ribbons, 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.
{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.
[stamp of hand with index finger pointing to next 2 sentences]
The notes from {a} to {i} are all equally applicable to the cases of Militia men, Volunteers and State Troops.  The proof required [illegible due to missing corner of document] 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.

[last lines are hand written]
#The applicant will be required to specify his [illegible] above and also state the nature of it -