Revolutionary War Pension and Bounty Land Warrant Application File R. 5742, for Samuel Jones, Pennsylvania
Page 1

Penn.       Jones, Samuel           R. 5742

b 1754 in Amity Twp., Berks Co. Pa. res. there [illegible]

in 1833 res. Logan Twp. Centre Co. Pa.
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State of Pennsylvania
County of Centre

On the 24th day of June, 1833, Personally appeared in open court, before the Court of Common Pleas of Centre County, State of Pennsylvania, now sitting Samuel Jones, aged seventy eight 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 on the 7th day of June 1833
That he entered the service under the following varied officers and served as herein stated.

We were called together in Battalion at White Horse Tavern, in the township of Amity, county of Berks, State of Pennsylvania, in the month of August in the year 1776, under command of Colonel Mark [illegible], our major was named John Jones - my captain was Derick Pennybacker - first Lieutenant David Davis - second lieut.  David Sands - were marched from the White Horse Tavern to Philadelphia; we remained there some days; then were marched to Trenton; [illegible] that through New Jersey to Paulis Hook, where we remained as a guard to the British Fleet, until we were discharged.  This tour was two months while I served in full.  I got no discharge.  I was a private and was not engaged in any civil [illegible] during the tour.  I was a private.
The second time I was called out in the month of December, 1777 - we were then classed - the fifth class was called, to which I belonged.  We met at Reading, Berks County, Pennsylvania - we were under the command of Colonel [illegible], our major was named Shoemaker; my captain was Jacob Roads; we were marched to White Marsh Hills, where we joined Washington's army.  I was in several skirmishes with the British and Hessian Dragoons.  The first skirmish was with a foraging party of the Hessians between White Marsh Hills and Philadelphia - it lasted but a few moments
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The next skirmish took place on the [illegible] of the city of Philadelphia.  The Americans were three thousand in number, and had the field [illegible] - we were commanded on this occasion by General Bull.  This skirmish lasted less than half an hour. I continued at White Marsh Hills until I was discharged.  I got no discharge. This tour was for two months which I fully served.  I never was engaged in any [illegible] during my tours.  I have no documentary evidence that I can produce, nor do I know of any persons who can testify to my service.  And I do hereby relinquish all and any claim to a pension or annuity except the present, and declare that my name is not on the pension role of the agency of any state.

Interrogatories By the Court}  
1 Where and in what year were you born?

Answer - I was born in Amity Township, Berks county, state of Pennsylvania in 1754

2 - Have you any record of your age, and if so, where is it?

Answer - I had such record, but my son moved to Ohio, and has the book in which my age was recorded.  I am certain that I was seventy eight years of age in December last

3 Where were you living when called into service; where have you lived since the Revolutionary War, and where do you now live

Answer - I lived in Amity township, Berks county, when first called into service. I have lived in Northumberland county in the state of Pennsylvania; I now live in Logan township, Centre county, Pennsylvania
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4  How were you called into service, were you drafted, did you volunteer, or were you a substitute, and if a substitute for whom?

Answer  I was drafted both times

5  State the names of some of the Regular offices [officers] who were with the [illegible] where you served; such continental and militia regiments as you can reccollect [recollect], and the genral circumstances of your service.

Answer  Our general was named [illegible crossed out word] Sterling while were at Paulis [Paulus] Hook. guarding the British - General Bull was our commander the second time I was out and at the skirmish on the commons near the city of Philadelphia.  I cannot give the name of any continental or militia regiment.  The general circumstances of my service are set forth in my declaration above.

6  Did you ever receive a disharge, and if so, by whom was it given, and what has become of it?

Answer - I never received a discharge; we never knew that it was of any consequence to have a written or [illegible] discharge in those days.  I got no pay for my two tours.  

[illegible]  State the names of persons to whom you are known in your present neighborhood, who can testify as to your character for veracity, and their belief as to your services as a soldier of the revolution

Answer  I George Hime (a clergyman) and Henry Gueringer.

Samuel Jones [signature]

Sworn & subscribed in open court 24 June 1833
Jas. Gilliland Clerk [signature]
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We I. George Hime, a clergyman, residing in in [sic] the county of Union (and Preacher for the congregation in Logan township) and John Schrack residing in Logan township, county of [illegible] State of Pennsylvania, hereby certify that we are well acquainted with Samuel Jones who has subscribed and sworn to the above declarations, that we believe him to be seventy eight years of age, that he is reputed and believed in the neighborhood where he lives to have been a soldier of the Revolution, and that we concur in that opinion

Sworn and subscribed the day and year aforesaid in open court

Jas Gilliland Clerk

I. George Hime
John Schrack [signature] 

And now to wit - the 24th day of June A.D. 1833, and the said court do hereby declare their opinions after the interrogatories presented by the War Department, that the above applicant was a Revolutionary soldier, and served as he states and the court further certify that I. George Hime and Henry Gueringer, who have signed the preceding certificate, are residents of this state, and are credible persons and that their statement is worthy of credit.
[Illegible signature} Judge
Jacob Kryder}

I James Gilleland Clerk of the Court of Common Pleas in and for the County of Centre do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the second application of Samuel Jones for a pension
In testimony whereof I have hereunto set my hand and seal of office this 24th day of June A.D. 1833
Jas. Gilliland Clerk [signature]
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No 24295
Samuel Jones - Centre Co
Pennsylvania

5742





Rejected

Did not serve six months - 
See letter   12 [#11 crossed out] July 1843

James Gilliland Prothy [Prothonotary]
Centre Co - 
Pennsylvania

E
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WAR DEPARTMENT, 
Pension Office, 

183

Sir:

The evidence in support of cour 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 [show] what is necefsary [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, shewing the service of Samuel Jones Centre Co Pensylvania [Pennsylvania]

|Period when the service was rendered.
1st [illegible] 1776
2nd [illegible] 1777|
|Duration of the claimant's service.
time not stated
2nd - 2 months|

|Rank of the claimant.
Private|

|Names and rank of the Field officers under whom he served.
Col Bund -
Major Jones - 
Captain Derrick Pennypacker -
General Stirling
Col [illegible] -
Major Shoemaker
Capt Roads|

|Age at present, and place of abode when he entered the service.
78 years
white -
[illegible]
Berks County - Pensylvania [Pennsylvania] |

| Proof by which the declaration is supported.
Traditional evidence|


I am, respectfully,
Your obedient servant, 
J. L. EDWARDS, 
Commissioner of Pensions
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2 

REGULATIONS UNDER THE ACT OF JUNE 7, 1882. 

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 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 [blank] day of [blank] personally appeared (a) before [blank] A.B. a resident (b) of [blank] in the county of [blank] and State, Territory or District of [blank] aged (c) [blank] 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) [blank], with [blank] and served in the [blank] (e) regiment of the [blank] line, under the following named officers:

{Here set forth the names and rank of the Field and Company Officers; the time he left the service; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers;) the town or county and State in which he resided when he entered the service; the battles, if any, in which he was engaged, and the country through which he marched. This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.} 

He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of [blank].
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 [blank] of the Court of [blank] do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of [blank] for a pension. 
In testimony whereof, I have hereunto set my hand and seal of office (i) this day of [blank] & c. 

If, on examination of the proper record, the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out. 
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz: 
(k) We, A. B., a Clergyman, residing in the [blank] and C.D. residing in (the same) hereby certify, that we are well acquainted with [blank], who has subscribed and sworn to the above declaration; that we believe him to be [blank] years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion. 
Sworn and subscribed the days and year aforesaid. 
(And then will follow the certificate of the Court.)

And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that A.B. who has signed the preceding certificate is a clergyman, resident in the [blank] and that C. D., who has also signed the same is a resident in the [blank] and is a credible person, and that their statement is entitled to credit. 
Clerk of the Court of [blank] do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of [blank] for a pension. In testimony whereof, I have hereunto set my hand and seal [blank] of office, this [blank] day of [blank] & 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 services of each person
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8

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 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 you have 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 know in your present neighborhood, and who can testify as to your character for veracity, and their belief of your serves 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 tot he 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 of 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 [3-]
[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 Just 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 ---- days, I served as a ____ ____. For _____ months and ______ days, I served as a ____________; and for such service I claim a pension.
It is important, all cases, to determine with precision the period for which each applicant served, and the particular rank he 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 ----in the militia, &c. without specify the tours, the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must, in every case, be clearly shown under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
[f] The law makes the relinquishment indispensable.
[g] The opinion of the Court is always required.
[h] The Clerk must give his certificate in every case.
[i] The Clerk must affix his seals, 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 [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.

John S. Arhton
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5742

P.O.   _________      [illegible]
Samuel Jones

Service:    _________
REJECTED

Enlisted: __________, 18

Discharged: _______, 18

Application filed: _________, 18

[crossed out word] The printed list of [illegible date] gives cause of rejection, as:  "He did not serve six months"

[word re-enlisted crossed out]

Attorney: ___________
P.O. ____________

_____Recognized.   ___________Contract.
________Cert. of Dis.  Searched for ______, 18.
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R. 5742
Pennsylvania

Rejected  act of June '32

Samuel Jones

See letter to James Gilliland
Bellefonte  pa
12 July 1833
Page 12

Jas Gilliland
Bellefonte pa

Re. vol 9
pa. 284
Page 13

War Department
Pension Office
July 11, 1833

Sir

The papers in support of the claim of Samuel Jones have been examined, and placed on our file.

By his own allegation, he served only four months, a time insufficient to entitle him to the benefits of the act of 7 June 1832.  That law requires from every applicant a service of six months.  His claim has therefore been rejected, and his papers are retained according to the usage of the department

James Gilliland Esq.
Bellefonte pa