Revolutionary War Pension and Bounty Land Warrant Application File S. 37,939, Joseph Force, Va.
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(3-1776) 

SERVICE: Va,

Force, Joseph

NUMBER: S. 37,939

CONTENTS
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26768
Kentucky
=
Joseph Force of Shelby County in the State of Kentucky who was a private in the tour commanded by Captain Walker of the regt commanded by Col Flournoy in the Virginia line for 8 months & 15 days

Inscribed on the roll of Kentucky at the rate of 28 dollars 33 cents per annum. to commence on the 4th day of March, 1834.

Certificate of Pension issued the 23 day of May 1834 and [illegible]

Arrears to the 4th of March
Semi-ant. allowance ending 4 Sept

85.00
14.16
= 
$99.16

{Revolutionary Claim, Act June 7, 1832}

Recorded by Dan Boyd Clerk,
Book E Vol. 7 Page 47
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State of Kentucky
Shelby County

On this 17th day of April 1834 personally appeared before me George Bergen Justice of peace in and for Shelby County and one of the Judges of the County Court of said County. Joseph Force aged 92 years who being duly sworn doth on his oath make the following declarations in order to obtain the benefits of an act of Congress passed the 7 of June 1832. He states that he was visiting in Prince Edward County, State of Va. when he entered the service of the United States and served as herein stated.  That in the month of February 1779 a draft was ordered in said county when he was drafted for a tour of six months and was marched under the following named officers (viz) Capt. Henry Walker, Major Overstreet, and Coln. Flurnoy. He states they rendezvoused at Prince Edward Court House and under the commanded of the aforesaid officers was marched into North Caroline and and crossed Dan River at Allen Ford, thence to Salisbury where he states they were stationed for sometime and until his said time of draft was out when he was discharged in the month of Sept 1779. He further states that upon leaving Salisbury that he was entrusted with two letters directed to Gen. Washington which letters he states that he delivered to Coln. Kelso as directed. This declarant further states that in the month of February 1781, another draft was ordered in said county of Prince Edward for a tour of six months when he the said declarant was again drafted for the above stated period and marched from said county of Prince Edward under the command of Capt. Cunningham, Major Overstreet, Coln. S. Halcom and Gen. Robert Lawson. He states they proceeded into North Carolina and in the month of March they reached Guilford Court House where the battle was fought.
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He states that he was detailed as a guard to the baggage waggons [spelt incorrect]] consequently was not in said battle. After the battle was faught [spelt incorrect] he states that the baggage waggons was ordered to retreat out of the reach of the enemy. He states that they then retreated to Prince Edward Court House where they remained about three weeks. He states that they then left said court house and marched again into North Carolina and was stationed at Salisbury till his said tour was out when he was discharged from camp and returned home having fully and faithfully discharged his duty as a soldier for a period of six months. He further states that on reaching home that he found nearly all the militia was called out of the court [?]. The borders of the rivers was left unprotected when Coln. Mathes of said county of Prince Edward ordered a minute guard on the James and Appomattox rivers where he the said declarant was appointed as a guard on said rivers in which capacity he stated he continued actually engaged from the first of August till [crossed out] after the surrender of Cornwallis in guarding said rivers making a tour of two months and a half. He states that he has no documentary evidence of his service and knows of no living witness by whom he can prove said service. 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 and that from old age and bodily infirmity he can not appear in open court to make his declaration. Sworn and subscribed the date and year aforesaid. 
[Signature] Joseph Force x his mark

Before me [signature] George Bergen J.P.S.C.
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Questions by the Magistrate and the answers thereto. 

Q: Where and in what year were you born?
ANS: I was born in Powhatan County Va in 1742.

Q: Have you any record of your age?
ANS: I have not at this time. In the year of 1780 the Indians broke in my fathers house at Martin's Station and destroyed his family record.

Q: Where were you [illegible] when called into the service?
ANS: In Prince Edward Cty VA where I lived till 1803. I then moved to Ky.Shelby Cty where I now live.

Q: How were you called into the service?
ANS: I was drafted twice for six months each tour. I was appointed as a minute guard by Coln. Nash and continued guarding the rivers for 2 1/2 months. 

Q: State the names of some of the regular officers who were with the troops when you served and state Continental and Militia Regiments as you can [illegible].
ANS: On my first tour I do not think there was any regular officers. Of the militia there were Coln. William's [crossed out] regiment, Major Rose, Capt. [^ illegible] Cunningham. On my second tour of the regular officers there were Generals Green and Hughes[?] of the militia was Genl. Lawson - and Major Halcom. These I remember of the militia. During my minute service I was under the command of Jacob Woodson Capt. They was of Coln. Nash's.

Q: Did you receive a discharge?
ANS: I did receive discharge for my first tour of six months given me by Cap. Walker which discharge was lost when moving to Ky. For my second tour I do not recollect of receiving any written discharge nor did I receive any discharge in writing for my minute tour.
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I will state the names of John Metcalf, clergyman and ^ Daniel Johnson residing in my present neighborhood who can testify to my character for veracity and their belief of my service as a soldier of the revolution. 

We, John Metcalf clergyman and Daniel Johnson residing in the  neighborhood of Joseph Force who has described and sworn to the above declarations say that we are well acquainted with how we believe him to be 92[?] years of age. He is respected and believed in his neighborhood to be a man of strict veracity and a solider of the Revolution and we [illegible] in the opinions. 
[Signature] John Metcalf
[Signature] Daniel Johnson

I George Bergen a justice of peace in and for Shelby County and one of the judges of the county court for said county as [illegible] that after fully [illegible] gating the matter and hearing the answers to the declarations prescribed by the war department. That I appear, to my satisfaction that the above applicant was a soldier of the Revolution an[d] served as he has stated in his declaration. It further appears to my satisfaction that John Metcalf who signed the preceeding [spelt incorrect] certificate is a clergyman[?] residing in the neighborhood of said applicant and that Daniel Johnson who has also signed is a resident in same neighborhood and is a credible person. I further certify that from old age and bodily infirmity that [illegible] can not appear in open court to make his declaration given under my hand this 17th day of April 1834. 
[Signed] Geo. Bergen J.P.S.C.
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I James S. Whitaker clerk of the county court of Shelby county do certify that George Bergen before whom this declaration was made is a Justice of the peace in and for Shelby county and are of the ledgers of the court [above line height] for which I am clerk and the signed time purporting to be his is genuine and [illegible] Faith and credit is and ought to be given to his affixed acts [illegible] whereof I have hereunto subscribed my name and affixed the seal of my office this 11th day of May 1834
[Signed] Ja S Whitaker Clerk
Shelby County Court
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29.508

Joseph Force
Kentucky

1779 [illegible]
$28.33
Special [illegible]

[vertical text] 
[illegible]
R.M Johnson

[illegible] R.M. Johnson
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[same image as #8; flipped for vertical text to be read]

[illegible] 
R.M. Johnson
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WAR DEPARTMENT, 
Pension Office,

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 class in 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 margins with a brace (thus: }). You will, when you return your papers to this Department, send this printed letter with them; and you will, by compling with this request, greatly facilitate the investigation of your claim. 

[Table]
Title: A Statement, shewing the service of Joseph Force 

Period when the service was rendered | Duration of the claimant's service | Rank of the claimant | Name and rank of the Field officers under whom he served | Age at present, and place of abode when he entered the service | Proof by which the declaration is supported | }
1779 | 6 months | Pr. | Cap. Walker & Col. Flourney | 92 Va. | Traditionary [?] | }
1781 | 6 months | Pr. | Cap. Cunningham & Col. Holcom | - | - | }
bf. 1781 | 2 months 15 days | - | Col. Nashe | - | - | }  

[end of table]
I am, respectfully, 
your obedient servant; 
James L. Edwards,
Commissioner of Pensions
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2 
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, 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       } 88.

On this       day of        personally appeared (a) before A.B. a resident (b) of      in the county of       and State, Territory or District of     age (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. [Right pointing finger] 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 on the say and year aforesaid. [Right-align] 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 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       and C.D. residing in (the same) hereby certify, that we are well 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 solider of Revolution, and that we concur in that opinion. 

Sworn and subscribed the days and years 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 singed 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     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, where 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 to your character for veracity and their belief of your servies 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 inquiry 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 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 solider 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 us 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 her 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, her 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 [italicized] 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 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 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 paper 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. 
[Right-pointing finger] 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 cannotbe 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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37 939 

INVALID.

File No. 37,939

Joseph Force
Pri. Rev. War
Act: [crossed out] June 7, 1832
Index: --Vol. 2, Page 142

[Arrangement of 1870]
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War Department 
Pension Office
March 27, 1834

Sir, 

I herewith return the paper in the case of Wilson Shelton and have to state that in order to obtain a pension under the Act of June 7, 1832, he should produce such testimony in support of his militia service as is required in the enclosed printed sheet. That part applicable to his case is marked in the margins. The declaration returned to you on the 16th of January last should also be sent to this office with the proof [illegible].
I have the honor to be
very respectfully
your obt. servant [?]
J. L. Edwards

Hon: P.H. Pope
House of Representatives
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Mr. Shelton is informed by R. [torn page] 
that he should have returned [...] but that he detained ^ then with [...] of some origins the defects - he now finds he cannot [illegible] [...] returns them to him --