Revolutionary War Pension and Bounty Land Warrant Application File W 3428, for John Kincaid, Virginia
Page 1

(8-1776)
Service
Va.
Kincaid, John
Alice
Number
W 3428
Bl[illegible] 38513-160-55
Contents
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23.418
[illegible] 
John Kincaid of [illegible] in the state of Va.
Who was a Priv. 
In the [illegible] commanded by Captain [illegible] of the [illegible] commanded by Handley in the 14 line in seven days for 7 mo. and 8 days 
Inscribed on the roll of Virginia at the rate of 24 Dollars 22 Cents per annum to commence on the 4th day of March, 1834.
Certificate of pension issued the 17th day of Jan [illegible] and [illegible] Andrew 
Fudge Covington CA.
Arrears to the 4th of Sept. 1833
Semi-anl allowance ending 4 March 
60.55
12.11
=
$72.66
Revolutionary Claim Act June 7, 1832.
Recorded by [illegible] clerk,
Book 3
Vol. [illegible]
Page 21
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15
233.316
[illegible] 
January 28, 1836
Alice Kincaid widow of John Kincaid 
Pri. Kincaid & pensioner 
Revolutionary War pension 
On Febry [illegible] 48
3625
Widow August 12/56
Claimant
County Clerk [illegible] Va.
[illegible] 
Vol. K. 77
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3625
Virginia Richmond 
Alice Kincaid 
Widow of John Kincaid who served in the Revolutionary War, as a private [illegible] 
Inscribed on the Roll at the Rate of 24 Dollars 22 Cents per annum, to commence on the 4th day of March, 1848.Certificate of pension issued the 2 day of Febry. 1849 and sent to Andrew Fudge 
Covington Va. 
Recorded on Roll of Pensioners under act February 2, 1848, page 162 Vol.3 
3316
Reported Febry. 2/49
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No. 25394
John Kincaid 
Alleghany County 
Virginia 
Return and in admit as a Private 
[illegible]
2422
Andrew Fudge Clrk. Alleghany County 
Virginia
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War Department,
Pension office
1 August 1833
Sir:
The evidence is 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 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 John Kincaid Alleghany County Virginia
Period when the service was entered 
Draft 1778,
 years, 
months 6, 
Rank of the claimant private
Vol. 1781, 
years not drafted,
Drafted 1781, 
years, 
months 3,
Days 8
Name and Rank of the field officers under whom he served.
Genl. Green
Captain [illegible]
Capt. Ballard
Col. Preston 
[illegible] 
Col. Mc. Creery 
[illegible] Wilson 
Age at present,
And place of abode when he entered the service.
75 years 
Augusta County Virginia
Proof by which the declaration is supported.
Traditionary Papers Declaration
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, and not those who were occassionally 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 specific places at night, and were not recognized as being in actual military service. 
Four general classes of cases are embraced in this law:
The Regular Troops.
The State Troops, Militia, and Volunteers.
Persons employed in the Naval Service 
Indian Spies
	As the roles of the regular troops in the Revolutionary War exist is this Department, all persons claiming the benefit of this law as 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,
State, Territory, District of, County of }ss.
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
On this—--day of—- personally appeared (a) before—-A.B. a resident (b) of— in the County of —and State, Territory, District of—aged ©- 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, of (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 of 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 all 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 that matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldiers, and served as he states. And the Court further certifies, that it appears to them that A.B. who has signed the proceeding 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 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 the transaction. If such surviving witness cannot be found, the applicant will so state in his declaration, (l) and he will also, wether 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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3
Alleged service, as they are known at the Department. A very full account of the services of each person will be indispensable to a favourable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one can be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County in which they reside,and their 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.
Where and in what year were you born?
Have you any record of your age, and if so, where is it?
Where were you living when called into service; where have you lived since the Revolutionary War, and where do you now live?
How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom?
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 circumstance of your services.
To a soldier, to an officer: {Did you ever receive a discharge from the service, and if so,by whom was it given, and what has become of it? Did you ever receive a commission, and if so, by whom was it signed, and what has become of it?
State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character and veracity, and the 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 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 clergy man, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with them, that they believe he is of the age he represents, and that he is reputed and believed in the neighbourhood to be 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 the examination, before a Judge or Justice 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 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 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 [illegible] 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 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 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 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.
The notes from [a] to [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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8534
Alice Kincaid 
VA
Act 7. July 38
M. 87 . D. 35
admd 
[illegible] 
24.22
T.V. Sutton 
Bowling Green
Caroline Co. 
VA
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State Virginia [illegible] County ss
On this 6th day of June 1842 personally appeared before Moses H. [illegible] Justice of the Peace in and for the County aforesaid [illegible] a resident of the County and State the said one seventy two years and upwards, John [illegible] who being first doth on [illegible] oath make the [illegible] in order to obtain the [illegible] act of Congress pass May 1830 that she is the widow of John Kincaid she believes a private in the [illegible] but he husband the said John [illegible] receive that the end that her in the County [illegible]. If so minded that he died on the 11th day of August 1832 that went to the [illegible] and that she has remained his widow since that period as will more fully to the pay unto annexed 
[illegible] June 1842 before 
Alice Kincaid 
TJ Mead
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Further certify that Mrs. Alice Kincaid above and widow of John Kincaid deem who was a pension in this County is a lady of respectability and believe the declaration above to be that her said husband died about seven years ago and that [illegible] and bodily infirmity she is unable to attend Court given under my hand this the 6th day June 1842
Moses H. Mann
Alleghany County Court June Term 1842.
The Court having examined the declaration of Mrs. Alice Kincaid, widow of John Kincaid deceased who was a Revolutionary pensioner, and also the certificate of Moses H. Mann (a member of their body) [illegible] said declaration approve the same and order the same to be certified to the War Department.
I Andrew Fudge Clerk of the County Court of Alleghany County, in the state of Virginia do hereby certify that the above is a true by the proceedings had in said Court. The application of Alice Kincaid widow of John Kincaid deceased for a pension. 
In testimony whereof I have hereunto set my hand and affixed the seal of said Court at Covington this 23rd day of June in the year 1842. In the 68th year of the commonwealth.
Andrew Fudge Clrk
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State of Virginia
Alleghany County 
SS
On this 15th day of October, A.D. one thousand eight hundred & fifty five. Personally appeared before me, a Justice of the Peace within & for the County & state aforesaid Alice Kincaid, aged eighty nine years, as a resident of Jackson River, Alleghany County, in the State of Virginia, who, being duly sworn according to law, declares that she is the widow of John Kincaid deceased, who was a soldier (in the Revolution) in the company commanded by Captain—in the—-regiment of—-commanded by—-in the War of the Revolution that her said husband was a Revolution Pensioner & she refers to his application for a pension, on file in the War Department. For an account of his services, as she cannot state whether her husband was drafted, enlisted or volunteered or the time or amount of service, but is satisfied that he spent more than 14 days in said War.
She further refers to her own application for a pension, on file [illegible] aforesaid, for proof, that she was married to the said John Kincaid & that she is now a widow. She further states that she was married to the said John Kincaid, in the County of [illegible], State of Virginia, on the—day of—-A.D.---by one—Alderson, a presbyterian minister & that her name before her said marriage was Alice
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Dean, that her said husband died at her present place of residence, on the—-day of—--A.D. 1835. & that she is now a widow.
She makes this declaration for the purpose of obtaining to the county land to which she may be entitled under the act approved March 3, 1855
Her
Alice Kincaid
Mark

We, Thomas Mayes & Alexander M.C. Kincaid residents of Jackson River, County of Alleghany, in the State of Virginia upon our oaths declared, that the foregoing declaration was signed & acknowledged by Alice Kincaid in our presence; & that we  believe from the appearance & statements of the applicant, that she is the identical person she represents herself to be.
We further state that John Kincaid died & the said Alice Kincaid long resided together as husband & wife. That they were reputed as such— that she said John Kincaid is dead & that the applicant is still a widow.
Thomas Mayes
Alexander M.C. Kincaid 
The foregoing declaration & affidavit were sworn to & subscribed before me on the day & years above written, & I certify that I know the affiants
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To be credible persons; that the claimant is the persons she represents herself to be & that I have no interest in this claim 
Lewis T Mann
J.P. 
State of Virginia
Allgehany County 
I Andrew Fudge Clerk of the County Court of Alleghany County in the State of Virginia. Certify that Lewis T. Mann ESQ. whose genuine signature appears to the foregoing certificate, is and was at the time of signing the same a Justice of the Peace in and for the County aforesaid, duly commissioned and qualified to administer oaths and take acknowledgements.
Given under my hand and the seal of the said Court, at Covington this 30th day of October [illegible] 
Andrew Fudge Clrk.
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Married by the Rev. Edward Crawford, John Kincaid to Alcy Elliot. July the twenty-fifth seventeen hundred and eighty seven.
I Ferainand Clerk of the County Court of [illegible] in the state of Virginia do hereby certify that the foregoing is a true copy of the record, with the exception of the which is expressed on the record in fair legible figures as follows 
July 25
1787
[illegible]
I Ferainand Woltz above named depose and say that I hold this office of Clerk in the County and State aforesaid and that the above is a true extract from the records of this County Court aforesaid, with the exceptions above named as certified by me.
F. Woltz
Clerk of the County Court of 
[illegible]
Sworn Before me
Benjamin Carper
Justice of the Peace 
Virginia [illegible] County viz:
I Ferainand Woltz Clerk of the County Court [illegible] in the state of Virginia do hereby certify that Benjamin Carper gent before whom the foregoing affidavit was made and who has signed the same is now and was at the time of taking and signing the same an acting Justice of the Peace
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In and for said county duly commissioned &  qualified and that full faith and credit are due and ought to be given to all his official acts as such & his signature is genuine. In testimony whereof I have hereunto set my hand and affixed the seal of my said office at office in [illegible] this 17th day of November 1842.
F Woltz
Clerk of [illegible] County Court
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Virginia
Alleghany County Court
November Term 1833
Personally appeared before the Justice of the County Court of Alleghany, in open Court being a Court of Record, John Kincaid a resident in said County of Alleghany and State of Virginia aforesaid, aged seventy five years, on the 11th of January,1833. Who being first duly sworn according to law, doth from his oath make the following declaration, in order to obtain the Benefit of the Provisions made by the act of Congress passed 7th June 1832. That he was born in the County of Augusta in the State of Virginia, on the eleventh day of January 1758. That he was drafted in the fall of the year 1778. To serve a six months tour against the Indians, in the company commanded by Alexander Handly of Botetourt County; to guard point pleasant, that he marched under the said Captain to the big Savannah, now called Lewisburg in [illegible] County, where he remained until the winter set in very hard, and so great was the freeze and inclemency of the weather, they were all discharged, and this applicant returned to his home, on Jackson River in [illegible] now Alleghany County. [illegible] during this his first tour of duty, this applicant served the full period of two months; after this applicant was discharged, from this his first tour of duty, he remained at his house, until the month of January 1781, when he volunteered in the Company commanded by Capt. John Bollar, and marched across the mountains into the Valley of Virginia, where he joined the regiment commanded by Colonel Thomas Preston & Major Thomas Rowland and from thence marched into the State of North Carolina where they joined the main Army, under the command of Genl. Green, on the same day, that they crossed the Dan River. This applicant remained with the Army and under the above named officers until about the first of March, when he was engaged in a skirmish with the
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British, with the Battle of Alamance where Colonel Preston commanded, in which skirmish the Botetourt troops and the light horse were engaged, General Green was not present about one week after this skirmish at this skirmish this applicant was at another engagement at the [illegible] York of Haw River, at which engagement Genl. Williams commanded; This applicant was discharged shortly after this engagement, and returned to his home in the said County of Botetourt. During this his second tour of Duty, this applicant served the full term of two months, and after his discharge, again he returned to his said home in the said County of Botetourt, now Alleghany aforesaid. This applicant remained at his home but a short time when he was again drafted, towit in the year 1781 on the last of April or the first of May, to serve a three months tour, he marched in to the Company commanded by Captain Joseph Looney of Botetourt, and joined the Augusta troops in Augusta County, under the command of Colonel John McCreary and Major John Wilson, and marched in said regiment, to where they joined the troops under the command of Genl. William Campbell between Charlottesville & Richmond VA, and from thence to Williamsburg in the neighborhood of Williamsburg they remained for some time where they were kept almost constantly on the scent, and were engaged in several premises, and was at the memorable battle at Jamestown, where General Wayne, General Morgan and Genl. Lafayette was in the command. During this applicants third tour of duty, he served the full period of three months and eight days, when he was again discharged and returned to his home in the County of Botetourt where he has ever since resided until the division of the said county of Botetourt and now resides in the County of [illegible]. This applicant has no documentary evidence of the services herein specified, having lost his discharges, and long since given up all hopes of ever being remembered by his Country. This applicant would beg leave to refer the Department
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To the following named persons as to their knowledge of his character, and their belief of his having been a soldier of the Revolution, towit: Conrod Fudge, John Holloway, Capt. Land Brown, Col. Jno Persinger, Jacob Persinger, Capt. Moses Smith, [illegible], Robert Skeen, ESQR.and Andrew Fudge. This applicant hereby relinquishes every claim whatever to a pension or [illegible] except the present, and declares that his name is not on the pension Roll of the Agency of any State. Sworn and subscribed the day & year aforesaid John [illegible] 
Alleghany County 
19th Nov.1833
Moses Smith
James T Baker
County and the said Court, hereby certifies and declares their opinion, after the investigation of the matter and pulling the interrogatories required by the War Department, that the above named applicant was a soldier of the Revolution, and served as he states; and the Court further certifies, that it appears to them, that Moses Smith and James Baker residents in the said County of  Alleghany who has signed the foregoing certificate, are credible persons, and that their statements are entitled to full credit; and the said Court do hereby further certify, that there is no regular minister of the Gospel living in the neighborhood of the said applicant for a pension.
I Andrew Fudge Clerk of the Court of Alleghany County
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Do hereby certify, that the foregoing contains the original proceedings of the said Court, in the matter of the application of John Kincaid for a Pension in testimony whereof, I have hereunto set my hand and seal of Office this 22nd day of November,1833.
Andrew Judge
Clrk