Revolutionary War Pension and Bounty Land Warrant Application File S. 3717, for James S Poak, Pennsylvania
Page 1

(3-1776)

SERVICE
Penn. 
Poak, James S. 

NUMBER
S.3717


Carded

CONTENTS
Page 2




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Fold3 File #27197502 Names found on this page include: Vinal Luce; O L Clarke; James S Poak; [BLANK] Thompson; L Dewart; [BLANK] Kelly. Image provided by Fold3.



132
Pennsylvania
---
James S Poak
in the State of Pennsylvania
who was a Private in the Company commanded by
Captain Thompson of the Reg commanded by
Col Kiley
in the sum
line for Private 18 mo
$60.00
Inscribed on the Roll of Pennsylvania
the rate of 60 Dollars
per annum, to
commence on the 4th day of AbT, 1833 and sent to Hon. L Duvant. Home Reps
Arrears to 4th of Sept. 1832 - $90 -
Semi-anl. allowance ending 4 March 1833. [$]30.
$120.00
Revolutionary Claim,
Act June 7, 1832.
Recorded by Vinal Luce
Book D
Vol. 6
Clerk,
Page 76
O l Clarke
Jan, 30, 1860
I
Page 3

Declaration of
James S. Poak

12.685.
Page 4

Pennsylvania
Union County

    On this twenty fourth day of September in the year of our Lord one thousand eight hundred and thirty two personally appeared in open court before the judge of the Court of Common Pleas at New Bentin in and for the County of Union now sitting I am  J. S. Poak a resident of Kelly - township in the county of Union and state of Pennsylvania aged seventy years who being first duly sworn according to law on his solemn oath make the following in order to obtain the benefit of the act of Congress passed  June 7th 1832.
    That he entered the service of the United States under the following named officers and served as herein stated:  I resided in Belfonte Valley in Northumberland County Pa. when I entered the service as a volunteer under Col John Kelly in the year 1778 and served under him during summer and the summer of 1779 in different excursions against the Indians. In spring 1780 I was drafted in Captain James Thompson Company and served under him for three months as Capt Thompson who is now present also making applications can testify and after I was discharge as a militia man I volunteered for the remained of the summer and was engaged in scouting parties and in guarding the frontiers against the incursions of the Indians. Making my service at different periods, amount to eighteen months. I never received and written discharge. I was home on 14 March 1762 in Chester County, Pa I am no  record of my age. I frequently saw it in a book called the conference of faith of my fathers.
Since the revolutionary war I resided most of my time not far from Dannville now in Cambria County & have resided most of my time in Buffalo Valley where I at present reside. I lost my eye sight about twenty years ago, since which time I have been altogether blind.
Rev. Thomas Hood, Capt. James Thompson, Robert Foster and include many of the old and respected citizens
Page 5

of this county can testify as to my character for veracity & the truth of my service as a soldier of the revolution.

I in the year 1825 when I was about to make application to the Legislature of Pennsylvania for 
 a pension I obtained a certificate from Col. John Kelly, who is now (??) stating my services in the revolution which certificate is hereto annexed.  I did not succeed in obtaining a pension nor is my name on any pension roll of this (??) or any state, & do hereby relinquish my claim whatever to a pension or annuity except the present. 

Sworn & subscribed                       his
24 Sept 1832 in                James S.  X   Poak
open court                                     mark
Joseph Stillwell Prothy

Union County

    Capt James Thompson having duly sworn in open court says that the above named James S. Poak served under him as a drafted militiaman from April to July in the year 1780 making three months service and that the said 
Poak was in the Frontier service before that time but cannot state how long he served.

Sworn & subscribed               James Thompson
this 24 Sept 1832
Joseph Stillwell
             Prothony.

Union County

   I Joseph Stillwell Prothonotary of court of Common Pleas of Union County before whom in open court the above affidavit was taken, do certify that James Thompson the witness therein named is a person of credibility and that full confidence may be placed on his testimony.  In witness whereof I have hereby set my hand and seal of office this 30th day of January 1833.

                                 Joseph Stillwell Prothony.
Page 6

We Thomas Hood a Clergyman residing in Buffalo Vally[sic] Union County and Robt. Forster residing in the Same County hereby certify that we are well acquainted with James S. Poak who has subscribed and sworn to the above declaration that we belive[sic] him to be Seventy years of age  that he is reputed and belived[sic] in the neighbourhood where he resides to have been a soldier of the Revolution and that we concur in that opinion.

Thomas Hood
Robt. Foster[sic]

Sworn & Subscribed in open
Court the 24th September 1832
Joseph Stilwell
Prothy

And the said Court do hereby declare their opinion, after the investigation of the matter and after putting the questions prescribed by the War Department that the above named applicant was a Revolutionary Soldier and served as he states and the Court further Certify that it appears to them that Thomas Hood who has signed the preceding certificate is a Clergyman resident in Buffalo Valley Union County and that Robert Forster who has also signed the same is a resident in said county and is a creditable person and that their Statement is entitled to credit
Seth Chapman
Hugh Wilson
Adam Leight 

I Joseph Stilwell Prothonitary[sic] of the Court of Common Pleas of Union County do Certify that the foregoing contains the Original Proceedings of the said Court in the matter 
of the application of James S. Poak —-for a pension

In Testimony whereof I have hereunto set my hand and affixed the Seal of said Court this 24th day of September 1832

Joseph Stilwell Prot
Page 7

Vincent. Wash. Co. Ohio Jany 19. 1860

To the Hon. Commissioner of Pensions.
Sir: I write you at request of a poor man residing in this place who claims to be an heir of James Polk[sic] a pensioner of the Revolution.

He says said Polk received his pension for two years before his death, which occurred early in 1838.  He says further that his (Polks) “papers” are on file at Harrisburg Pa. - and he seems to think that there is a balance due to hiers[sic].

I am entirely unaccustomed to such matters, and hence I write first to you to ascertain if there be a balance due to heirs of James Polk— and further if there be no balance due whether Revolutionary Pensioners are not entitled to a land warrant or in cases of death whether their children are not entitled to the Same.

If consistent with the rules of your Department I hope to receive from you such information as will satisfy the man that there is nothing for him or such as will enable him to take steps to prove his identity.  If you are barred from doing this yourself you will please send this letter to some responsible agent who will be free to advise.

Very Truly Yours
O. L. Clarke
Page 8

PENSION OFFICE
JAN
.. 
(??)
Page 9

17 Jan. 1833
vbj. 5.14.

Hon. L. Devant
Ho. of Reps.

Admitted 18 months $60.00


P 205
Page 10

Brief in the case of James S. Poak of Union Co. in the State of Pennsylvania.

{Act 7th June, 1832.}

1. Was the declaration made before a Court or Judge?  Comm. Pleas

2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?

3. How old is he? 70 years.

4. State his service, as directed in the form annexed.

Period/Duration of Service years, months,days/Rank/Names of General and Field Officers un whom he served.

In 1778, 1779/Several times not specified/Private/Col. Kelly.
In 1780 April/3 months/Private/Capt  Thompson.
afterwards at several times not specified, making in all 18 months.

5. In what battles was engaged?

6. Where did he reside when he entered the service? North County, Pa.

7. Is his statement supported by living witnesses, by documentary proof, by traditionary evidence, by incidental evidence, or by rolls?  Traditionary

8. Are the papers defective as to form or authentication? and if so, in what respect? Court

Certify that the foregoing statements and the answers agree with the evidence in the case above mentioned.

//s//
D. Brown
Examining Clerk
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Pension Officer, Jan. 28, 1860

The heirs auditor will please certify the date of last payment in this case.

Very respectfully,
           //s//
B.S. Hooe
For commissioner

3 Auditor's Office
Jan'y 30, 1860.

Sir, 
   James S. Poak. Penna. acts 1832, appears to have been paid to Sept. 4, 1834.

Very Resp'y
R. J. Atkinson
Auditor
Page 12

3717
INVALID
(??)

File No. 3717
James S. Poak
Privt Rev War

Act: June 7. 1832
Index:-Vol. A, Page 299
[Arrangement of 1870]
Page 13

James S. Poak of Kelly Township Union County Pa on the 24th day of September last, in open Court, before the Judges of the Court of Common Pleas at New Berlin in and for the County of Union, made a declaration in order to obtain the benefit of the act of Congress passed June 7, 1832, and not being able, by reason of loss of memory to state precisely how long he served, now amends his declaration, hereto annexed, by making the following affidavit—

Pennsylvania 
Union County Ss.

Personally appeared before me the undersigned, a Justice of the peace in and for the County of Union, James S. Poak, who being duly sworn deposeth and saith, that by reason of old age, and the consequent loss of memory, he cannot swear positively to the precise length of his service, but according to the best of his recollection he served not less than the periods mentioned blow[sic], and in the following grades:

I entered the service in the Spring of 1778 under Col. Kelly, and served under him Six months, as a volunteer—
I again entered the service in the Spring of 1779 under Col. Kelly and served under him six months, as a volunteer.In April 1780 I entered the service under Capt. James Thompson and served under him three months, as a Drafted Militiaman.

Between the period of my discharge as a Militiaman, and the Spring of 1781 when Capt Thompson was taken prisoner, I served three months, as a volunteer—

Making my service, in the different periods, one year and six months, and for such service I claim a pension.—
Being blind, I cannot write
my name, but will make
my mark—
James S. his X mark Poak
Sworn & Subscribed this
30th day of January 1833.
before
J. F. Linn J.P.
Page 14

State of Pennsylvania 
Union County Sct

I, Joseph Stilwell Prothonotary of the court of Common Pleas in and for the County of Union Do Certify that J. F. Linn Esq. before whom the within Deposition was taken and sworn to, was at the taking of said Deposition an acting Justice of the peace duly commissioned and qualified in and for said County of Union, that full faith is and of right out to be given to his official acts.
In Testimony whereof I have hereunto subscribed my name and affixed the seal of the said Court at New Berlin the Thirtieth day of January A. D. 1833

Joseph Stilwell Proty
Page 15

Union county SS

On the Sixteenth day of February in the year of our Lord one thousand eight hundred and twenty five Personally appeared before me the Subscriber one of the Justices of the peace in and for said county John Kelly Esquire of the township of White Deer in said county and on his Solemn oath doth depose and say That said Deponant was Colonel of the first Regiment of Militia of Northumberland County during the time of the Revolutionary War and that James S. Poak of said township Served under him in the different excursions against the Indians in the years of 1778, 1779 and 1780 and further Saith that the said James S. Poak is now become unable to work by ? & blindness and in necessitous circumstances and further Saith not
Jno. Kelly

Sworn and Subscribed
the day an year first
above written Befor[sic]
Ja. McClellan
Page 16

Pennsylvania 
Union County Ss

I Joseph Stilwell Prothonotary of the Court of common Pleas in and for the county of Union Do Certify that John Kelly the within named witness has since the taking of the within Affidavit died, that when living he was a person of credibility, and that full confidence may be placed in his testimony— and I do further certify that James McClellan before whom the within deposition was taken and sworn to was at the time and still is an acting Justice of the peace in and for the said County of Union, duly commissioned and qualified, and that full faith and credit can and of right ought to be given to all his official acts. In Testimony whereof I have hereunto subscribed my name and affixed the seal of the said court at New Berlin this 30th day of January AD 1833.—

Joseph Stilwell Prothy