Revolutionary War Pension and Bounty Land Warrant Application File S. 16165, for James Johnston, Pennsylvania
Page 1

(3 - 1776)
SERVICE
Penn.
Johnston, James
NUMBER
S.16165
Carded

CONTENTS
Page 2

Ohio
19.743
James Johnston
Of Clermont Co. in the State of Ohio
who was a private in the Company commanded
Captain Rees, of the Regt commanded
By Col St Clair in the Penna M
One year and 2 months

Inscribed on the Roll of Ohio
at the rate of 46 Dollars 66 Cents per annum
to commence on the 4th day of March, 1831

Certificate of Pension issued the 29th day of August
1833 and sent to J.D. Morris, Batavia

Arrears to the 4th of March 1833 $93.32
Semi-anl. allowance ending 4 Sep. 23.33
$116.65

{ Revolutionary Claim,
Act June 7, 1832}
Recorded by H S Evans Clerk,
Book E Vol. 8. Page 13

Date of death not
on A.B.
Page 3

State of Ohio Clermont County ss
On this 9th day of August 1832 personally appeared in
open Court before George P. Torrence President and
Israel Whitaker Robert Haynes & John Ening associate Judges of
the Court of Common pleas in and for Clermont
County now sitting James Johnston a resident of
Franklin Township in the County of Clermont and
State of Ohio aged 82 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 June 7th
1832.
That I entered the service of the United States
under the following named officers and served as here
stated. I enlisted in the year 1777,  the month I do not recollect,
under Capt Rees of the second Pennsylvania Battalion
commanded by Col St Clair, was a resident of York County,
Pennsylvania aged 27 years when I enlisted.
We left Philadelphia for Quebec marched through
the State of New York and stopped a short time at
Albany when we proceeded untill we reached in
sight of Abraham Plains when we were driven
back by the Brittish. from thence we went to the
Isle of [Mot]. While there I was drafted under Capt.
Craig to cut down a Bridge across a [span]
of the 5 or 6 miles off Quebeck to prevent the
Brittish from pursuing us when we form the
Battalion. We marched to the Three Rivers. From
 there we marched up the [sun sumall]. We returned
and were engaged with the Brittish at the Three Rivers
when our Genl Thompson was taken prisoner and was
[bratten] off. From there we went [Stambroke], and
from there to St. Johns, from there to Hiland [Nox.],  from
there to Crown Point, from there to Ticonderoga and
Page 4

from thence to Philadelphia where I was discharged
 after having served fourteen months.  Was
only enlisted however for twelve months.  The discharge
 I have lost and there is no person living
with whom I am acquainted by whom I
can prove my service. I hereby relinquish any 
claim whatever to a pension or annuity except the
present, and declare that my name is not on the pension
roll of the agency of any state.
James Johnston his mark
Sworn to and subscribed, the day and year aforesaid
in open Court
J. D. Morris, Clerk P’y


We the undersigned subscribers, citizens of the County of
Clermont State of Ohio do certify that the above named James
Johnston is a citizen of the County and state aforesaid;
That he sustains a good moral character, and it is
reputed and believed in the neighborhood that he has
served in the revolutionary war, and that we further
believe the above statement he has made is true.
Tho. H. Minor
Samuel Stephenson

Subscribed and and sworn to in open Court
August 7th 1832
J. D. Morris Clerk P’y
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James Johnston
Ohio


Adm 1 year & 2 months
40.
   6.66
_______
46.66

J.L. Morris  Esq
Batavia
Clermont Cty
Ohio
Page 6

WAR DEPARTMENT,
Pension Office,
16 August 1833
Sir:
The evidence in support of your claim, under the act of June 7, 1832, has
been examined, and the papers are herewith returned. The following is a statement of
your case in a tabular form. On comparing these papers with the following rules, and
the subjoined notes, you will readily perceive that objections exist, which must be removed,
before a pension can be allowed. The notes and the regulations will shew what is
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 James Johnston
Period when the service was rendered. - 1777.
Duration of the claimant's service. - 1 year 2  months
Rank of the claimant. [blank]
Names and rank of the Field officers under whom he served. - Cap. Rees. Col St Clair
Age at present, and place of abode when he entered the service. - 82 years, York Co Pa
Proof by which the declaration is supported. - Traditionary

I am, respectfully,
Your obedient servant,
J. L. EDWARDS,
Commissioner of Pensions
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REGULATIONS UNDER THE ACT OF JUNE 7, 1832.
The following regulations have been adopted:
This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army,
and to include under the terms "Continental Line," "State troops," "militia," and "volunteers, all
persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who
were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to
Store Keepers, &c. Teamsters, Boatmen, &c. Persons who served on board of Private Armed Vessels are
also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged
in guarding particular places at night, and were not recognized as being in actual military service.
Four general classes of cases are embraced in this law:
1. The Regular Troops.
2. The State Troops, Militia, and Volunteers.
3. Persons employed in the Naval service.
4. Indian Spies.
As rolls of the regular troops in the Revolutionary War exist in this Department, all persons, claiming
the benefit of this law as officers, non-commissioned officers, 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.
of
On this
DECLARATION.
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
Certify
County of
day of
A.B. a resident (b) of
personally appeared (a) before
in the county of
and State, Territory or District
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)
served in the
(e) regiment of the
and
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
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.
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
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 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
hereby certify, that we are well acquainted with
and C. D. residing in (the same)
subscribed and sworn to the above declaration; that we believe him to be
who has
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 day 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
and that C.D., who has also signed the same is a resident in the
and is a credible person, and that their statement is entitled to credit.
I
Clerk of the Court of
do hereby certify that the foregoing
contains the original proceedings of the said Court, in the matter of the application of
for a pension.
In testimony whereof, I have hereunto set my hand and seal
of office, this
& 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
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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 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 he 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.
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.
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.
 The age of the claimant must invariably be mentioned.
 The declarant must mention the period or periods of the war when he served.
Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the
claim cannot be had. Every claimant must state, with precision, the length of his service, and the different grades in which he served, in language so
definite as to enable the Department to determine to what amount of pension he is entitled. In a case where the applicant cannot, by reason of the
loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service; but, according to the best of his
recollection, he served not less than the periods mentioned below, and in the following grades:--For – years
-- months, and days
, I served as a . For months and - days, I served as a ; and for such service I claim a pension."
It is important, in all cases, to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid
 according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months,
is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state that they served two yours
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 tiers 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.
The law makes the relinquishment indispensable.
The opinion of the Court is always required.
The Clerk must give his certificate in every case.
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.
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 claimants 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 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. 
This traditionary evidence is indispensable in militia cases.
If a witness cannot be found, the declarant must state the fact.
The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.
Page 9

June 16, 1932
BA-J/MLE
XXXXXXXXXXXXXXX
JAMES JOHNSTON
S. 16165

Mrs. William C. Moore
70 Auburn Avenue
Columbus, Ohio
Dear Madam:
Reference is made to your letter relative to James Johnson,
a soldier of the Revolutionary War.
The data which follow were obtained from the papers on file
in pension claim, S. 16165, based upon the military service of
James Johnston in the Revolutionary War.
James Johnston, while a resident of York County, Pennsylvania,
 enlisted [*see margin note*] early in the Revolutionary War, served as private
in Captain Reese's company, Colonel St. Clair's 2"" Pennsylvania
Battalion, was in the expedition to Quebec in the battle of
the Plains of Abraham, at Isle La Motte was placed under
command of Captain Craig to assist in cutting down a bridge five
or six miles from Quebec to prevent the pursuit of the British,
was in the battle of Three Rivers, and was discharged at the
expiration of service of fourteen months.
He was allowed pension on his application executed August 9,
1832, [+see handwritten note+] while a resident of Franklin Township, Clermont County,
Ohio.
The soldier's claim for pension contains no family data.

Very truly yours
A. D. HILLER
Assistant to Administrator

[+] aged 82 years
[* left margin]
Date of enl. “1777” not used as soldier was in expedition to Quebec
Page 10

16. 65
INVALID.
File No. 16165
James Johnston
Pri. Rev War
Act: June 7" 32
Index: -- Vol. 1 Page 447
(Arrangement of 1870.}

1932 June 16 - Hist to Mrs. W.C.
Moore MLB.
Page 11

Clermont Common Pleas
August Term 1832
“This day personally appeared in open Court
James Johnson an applicant for the benefits of the
act supplementary to the act for the relief of certain
surviving officers and soldiers of the Revolution passed
June 7th 1832 and made under oath the declaration
 by the said act required and at the same time
produced Thomas H Minor and Samuel Stephenson
who upon oath made their statement in reference
to said application all of which is ordered to be certified
to the department of War.“

May Term 1833
“Upon motion the Court certify it appears to
them that Thomas H Minor who has subscribed
and sworn to an affidavit in support of the claim
of James Johnson for a pension under the act of
Congress passed June 7th 1832 is a credible person
resident in Franklin Township, Clermont County
Ohio and Samuel Stephenson who has also sworn
& subscribed to the same is a credible person resident
 in the same Township and that their statement is entitled to credit"
I, Jonathan D Morris, Clerk of the Court of Common
Pleas in and for Clermont County Ohio do
hereby certify that the foregoing contains
the original proceedings of the said Court
in the matter of the application of James
Johnson for a pension.
In Testimony whereof I have hereunto set my hand and
affixed the seal of said Court this 20th day of May AD 1833
J. D. Morris Clerk
Page 12

MRS. WILLIAM C. MOORE
70 AUBURN AVENUE
COLUMBUS, OHIO
May 13th. 1932

Bureau of Pensions
Washington, DC.

Dear Sirs
Will you please give me the
information you have on James
Johnson of Penn. He was living
 in Clermont Co. Ohio when he
received a pension in 1833
Sincerely
Mrs. W. C. / Gertrude B. Moore

[circle stamp]
RECEIVED
MAY 14 1832
REPORT SECTION
PENSION FILES [illegible]