Revolutionary War Pension and Bounty Land Warrant Application File S. 5698, for John Lowry, Virginia
Page 1

(8-1776)

SERVICE
Va

Lowry, John

NUMBER
S. 5698
           
carded
______________________________________________
CONTENTS
Page 2

[left side of page]

Order to pay 16. Oct 1837.
Letter to J. J. Fye   doD

Date of death not on [illegible]

[right side of page]

                      Virginia       12.580
________________________________________________________
                      John Lowry
of Bedford in the State of Virginia
who was a pri. [private] in the company commanded
by Captain Reed of the Regt. [Regiment] commanded
by Col. [Colonel] Richardson in the Virginia
line for 6 months 29 days
__________________________________________________________

 Inscribed on the Roll of Virginia
at the rate of 23 Dollars 22 Cents per annum,
to commence on the 4th day of March, 1831.
__________________________________________________________
Certificate of Pension issued t 11. day of May '33
          and sent o to R. N. Dicker
Liberty C. H. Bedford Co., Va. (clk) [clerk]
___________________________________________________________
 Arrears to the 4th of            March '33           46.44
Semi-anl. allowance ending 4 Sept   "              11.61                 
                                                                        _________
                                                                        $ 58.05
                                                                        _________
                                       {Revolutionary Claim,  }
                                       {Act June 7, 1832.        }
                             
Recorded by Wm. Miller Clerk,
Book  E.      Vol.  6.     Page 16.
Page 3

State of Virginia}
Bedford County}    Ss
               On this 20th day of March 1833 personally appeared
in open Court before the Justice of the County .......Court of
Beford now sitting the same being a Court of record John
Lowry resident of the said County of Bedford and State of Virginia 
aged Seventy 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 act of Congress passed
Jun 7, 1832.
                That he entered the service of the United States under the
following named officers and served as herein Stated.  That
he was drafted into service in the Militia of the State of Virginia
and served for Six weeks under the command of Capt. [Captain]
Nathan Reid, he thinks in the year 1780.  He was stationed at
New London in the (then) County of Bedford and employed
in Guarding some tories who had been made prisoners, and
a quantity of ammunition and military Stores there collected
When drafted he was a resident of the Said County of Bedford
He was honourably discharged but his discharge has been
lost.  In the month of January in the year 1781 he 
was again drafted into service in the Militia of the State
of Virginia and served three months~ His company
rendezvoused at New London in Said County of Bedford 
and was marched from thence under the Command 
of Capt. [Captain] Joseph Poindexter.  His Lieutenant was Jesse
Tate.  His ensign he thinks was Robert Cobbs~  He was
marched through Petersburg and joined the army commanded
by Genl. [General] Mulenburg [Muhlenberg] at Cabin Point he thinks in the County of Prince George Virginia~ The Regiment to which
his company was there attached was commanded by Colonel
Merriweather.  The major was a Frenchman named De Cloman
From Cabin Point the army was marched to Mackey's Mills
from thence to a place call the Tar Yard in the County of
Suffolk, from thence to a place called Bab's old field near
the Town of Smithfield~  At that place he with others
volunteered to march about 60 miles below for the
purpose of watching the movement of the British Army
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then stationed near the Dismal Swam.  They were stationed
principally at a place called Edmunds's hills, at which place and its neighbourhood they remained for three or four weeks.  From that place they were marched to Prince George Court house where he was honourably discharged.  That discharge he had for many years but it is now lost~
when drafted for the service he was still a resident of the said County of Bedford- During this time of service he was in no engagement~at one time they were drawn up in line of battle near the fort where the British were stationed, but no engagement ensued, some cannon were fired by the British and one American was wounded. He was discharged about the 15th or 20th of April in the year 1781~In the month of June in the year 1781 being still a resident of the County of Bedford- He was again drafted into service and served for seven weeks.  He was marched under the command of Captain Thomas Leftwich~ His other officers he does not remember.  His company marched from the town of New London aforesaid and [and] crossed the James River above Richmond at a place called Judes ferry~ They designed to pass through Richmond but the small pox was then prevailing at that place~ they joined the army commanded by General Lafayette at Bottoms Bridge a few miles below the City of Richmond-  He does not recollect the regiment to which his company was attached but he was in General Steven's brigade~ He thinks his regiment was commanded by Col [Colonel] Holt Richardson~ From Bottoms bridge the army was marched to a place called the Morbin Hills-[Malvern Hill]- At that place he recollects that Major Overstreet was one of his field officer~ From the Morbin Hills [Malvern Hill] they were marched to New Castle a small town on the Pamunkey river where they were discharged sometime in August 1781~ He thinks that his company ^ received no regular discharges~ If they did his discharge has been lost- when drafted he understood it was for Six weeks tour but served Seven weeks~ He ....does not recollect the names of any regular officers
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with whom he served during his last tour except Genl. Lawson who commanded a brigade in Genl [General] Lafayettes army~
The said John Lowry in answer to interrogatories States
1st  That he was born in the County of Goochland & State of Virginia on the 14th of March 1762~
2d~  That he has no account of his age~ His father moved to the State of Kentucky, took the record with him & it has been destroyed.
3d~That he was when called into service living in the County of Bedford, in which County he has lived ever since the Revolution~
4th~  That he was drafted into service as stated in the body of his declaration~
5th~  That he does not remember the names of any of the Regular officers who were with the troops or any continental or militia regiments except as is herein before Stated~  
6th~  He is well known in his present neighbourhood~
His services as a Soldier he can prove by John Hudnall with whom he served all of the tour of duty herein before mentioned~ Col [Colonel] David Saunders [,] Cornelius Noell Sr. [,] Capt. [Captain] William Leftwich [,] Simon M Noell and others can testify as to his character for veracity~ There is no minister of the gospel living in his immediate neighbourhood  He cannot therefore procure the certificate of a minister 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 the agency of any State                   John Lowry   his  X  mark

Sworn to and Subscribed in open Court.

We David Saunders & Simon M Noell residing in Bedford County and State of Virginia hereby certify that we are well acquainted with John Lowry who has subscribed & sworn to the above declaration that we believe him to be Seventy years of age, that he is reputed and believed in the Neighbourhood where he resides to have been a Soldier of the Revolution and that we concur in that opinion~
                                                      David Saunders
                                                       Simon M. Noell
Sworn to & Subscribed in open Court}
in the day and year aforesaid              }
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No 24061
Jno Lowry-
Bedford Co-
Virginia
    [flourish]

Admtd [Admitted] a private for
6 mo [months] & 29 days   23.22





Richd. Dickerson
Dpty Clk- [Deputy Clerk]
Bedford Co
Virginia
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                                                 REGULATION 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 patrol, 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 were 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 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 relinquished 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 proceeding 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 Milita 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) 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. 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 proceeding 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, 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 service 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 of detecting the imposition, if one 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 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 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 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 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 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 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 bis 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 mouths 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 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 au embodied corps called into service by competent authority that lie 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 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 [j] 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.
John N. Ashton
Page 11

John Lowry
Declaration for a 
Pension
24061
Bedford County Va.
Page 13

Rev War
5698
INVALID.
 --***--
File No.   5698
John Lowry
Pr. Rev. War
  ---***---
Act: June 7" 1832
Index:- Vol.   M,   Page 226

[Arrangement of 1870]