Revolutionary War Pension and Bounty Land Warrant Application File S. 31451, for Josiah Phelps, Virginia
Page 1

(3 - 1776)
SERVICE
VA
CONTENTS
Phelps, Josiah
NUMBER
S.31451
Page 2

7489
Kentucky
Josiah Phelps
of Madison Coin the State Kentucky who was a private in the company commanded by Captain May of the regiment commanded by Colonel Clark in the Virginia line for 13 months and 15 days.

Inscribed on the roll of Kentucky at the rate of 45 Dollars ---Cents per annum to commence on the 4th day of March 1831.

Certificate of Pension issued the 8th day June 1833 and Joseph Turner Richmond 

Arrears to the 4th of March.  $90.00
Semi-an allowance ending 4 Sept. $22.50. 
                                                 $112.50

Revolutionary Claim,
Act June 7, 1832.

Recorded by Daniel Boyle Clerk
Book E Vol. 7  Page 2

Left side of document:

Sent letter to J. Turner 
illegible after that
Page 3

No 21031
Josiah Phelps Madison County Kentucky

from 1777 private
13 1/2 months.
$45.
Page 4

BRIEF in the case of Josiah Phelps
County of Madison in the State of Kentucky
(Act 7th June, 1832.)

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

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

3. How old is he? 77.

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

Period.
[1] Enlisted volunt. In 1777 fall of
[2] Subst 1778
[3] 1779
[4] 1780 June
[5] Vol 1780 Sum
[6 Vol Horseman 1781-2
Duration of Service. Years, Months, Days.
[1] remained till last June 1778
[2] 3 Months
[3] upward 21. days
[4] 1 Month
[5] upward 1 month
[6] He served 13 1/2 months
Rank. As a
[1] 1778 Pr.
[2-6] "
Names of General and Field Officers under whom he served. Gen.
[1] Capt Richard May
[2] " Montgomery Col Clark
[3] Col Bowman
[4] Patton Col Clark
[5] " Oldham " "
[6] " Jurge " "

5. In what battles was he engaged? Skirmishes with Indians

6. Where did he reside when he entered the service? on his way to the Western Country

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

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

I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
Dyer Castor Examining Clerk.
Page 5

State of Kentucky
Madison County} Sct.
On this 4th day of December, 1832, personally appeared in open court, before the worshippful the county court of Madison, now sitting, Josiah Phelps, a resident of Madison County, State of Kentucky, aged 77 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 7, 1832 That he entered the service of the United States under the following named officers, and served as herein stated. That in the fall of the year 1777, while on his way from the state of Virginia to Kentucky, (then Virginia,) on the North fork of the river Halston, he entered the service of the United States and had his name enrolled under Capt. Richard May, and marched to Boonsborough on the Kentucky river, and remained there as a guard till the last of June 1778 - Some of the men called it enlisting under Capt. May. Deponent does not know whether it was so or not - he received no bounty, but as Capt May seemed to lack men to make up his company he agreed to have his name enrolled - it might properly speaking be called volunteering as deponent thinks. In July 1778 he again entered the service as a substitute for Robert Bowman under Capt. John Montgomery at the fall of the Ohio, now Louisville, and marched under Col. George Rogers Clark to the Town called Kaskaskia, then held by the British, and then returned back to Boonsborough. He was engaged on this expedition three months. There was a Capt. Helm and Capt. Bowman under Col. Clark. That in the spring of the year 1779 he went on an expedition under Col. Bowman against the Shawnee Indians, and had two engagements with them, one in Chilothe, and the other in the woods near the Town
Page 6

He was engaged on this tour upwards of three weeks. In the summer, (he thinks June) 1780 he was sent by Capt. James Patton from the falls of the Ohio river to a Fort on the Mississippi river, a few miles below the mouth of the Ohio river, with [illegible] to Col George Rogers Clark to return with his troops to the fall of the Ohio, for the purpose of marching against the Shawnee Indians. He was one month engaged in this service. In the latter part of the Summer 1780 he volunteered again under Capt. Wm. Oldham and was again under Col. Clark and marched against the Towns of the Pickaway Indians. There was a pretty sever battle between us and the Indians - fifteen or twenty Killed on each side. We destroyed their Towns and all their houses &c. He was engaged upwards of one month in this service. In the year 1781 or 1782 he again volunteered under Capt. James Lingus, in his Horse Company, and was again under Col. G. R. Clark. We marched against the Shawnee Indians had a little skirmishing with them and took some prisoners. He was engaged in this service upwards of one month. Thus ends his services. He was engaged in the service of his country, when all his services are put together, thirteen months and a half. He never received a discharge for any part of his services, and has no documentary evidence, and knows of no person whose testimony he can procure who can testify to his services. He was born in Buckingham county, Virginia, on the 11th of Feb. 1755.
Page 7

He has a record of his age at his present residence in his family Bible, which he took from that of his father. He was on his way to the Western Country when he entered the service, and resided in what is now the state of Kentucky, during the balance of his service, except when out on expeditions against the Indians &c. He has resided in this county, (Madison, state of Kentucky) ever since the war, and now resides in the same county, where he has resided upwards of 40 years. He always volunteered his services, except in the circumstance before stated. He has already stated all the names of the officers he can recollect, and the circumstances of his service. He never received a discharge. He is known in his present neighborhood to the Rev. Thomas Jerman Jr. and James Pasley. 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. Sworn to, and subscribed, the day and year aforesaid
Josiah Phelps

We, Thomas Jermon Jr. a clergyman, residing in the County of Madison, and James Pasley residing in the same, do hereby certify, that we are well acquainted with Josiah Phelps, who has subscribed and sworn to the above declaration; that we believe him to be 77 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. Thomas Jerman Jr. states he is 52 years of age, and James Pasley states he is 66 years of age. Sworn to and subscribed the day and yera aforesaid
Thos Jerman Jr. 
Humphrey Jones
Jas. Pasley
Page 8

And the said court do hereby certify 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 Thomas Jerman Jr. who has signed the preceding certificate, is a clergyman, resident in the county of Madison, and that James Pasley, and Humphrey Jones, who has also signed the same, is a resident of the same county and is a credible person, and that their statement is entitled to credit.
Wm Watts 
Henry B Jenkins
Joseph Turner

Josiah Phelps 21036

Kentucky, Madison County Sct.
I David Irvine Clerk of the Court of Madison County do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Josiah Phelps for a pension
In Testimony whereof I have hereunto set my hand and seal of office this 8th day of December 1832
David Irvine C,M,C
Page 9

AWF
Rev. and 1812
War Section.

September 15, 1925
Mrs. G. C. Parks
505 Main St
Anna, Ill.

Madam:
I have to advise you from the papers in the Revolutionary War pension claim, S. 31451, it appears that Josiah Phelps was born February 11, 1755 in Buckingham County, Virginia.
While on his way from Virginia to Kentucky, he served from the fall of 1777 at various times as a private under Captains Richard May, John Montgomery, James Patton, William Oldham and James Surgis, Colonels George Rogers Clarke's and Bowman's Virginia Regiments, was in several battles with the Indians and served in all thirteen and one half months, until in 1781 or 1782.
He was allowed pension on his application executed December 4, 1832, while a resident of Madison County, Kentucky.
It is not stated whether soldier was married.
Respectfully,

WINFIELD SCOTT
Commissioner.
Page 10

John
Ky, M,E,L,
K. Corps.
M.B.H.
AW

31 451
Revy INVALID.
File No 31,451
Josiah Phelps
Priv Rev War
Act: June 7" 32"
Index:-Vol. 2, Page 495.
[Arrangement of 1870.]

Apr 1/95 Mil. Hist. to Bennett, Richmond,
1906 Dec. 3. Hist. to Mrs James W. Caperton
1907 Dec. 17, Mrs Jas W. Caperton infd soldier born in Buckingham Co Va, on guard at Boonsborough 77-78 or copies not furnished AW.
1915 Apr 19: history to Mrs W. H. Whitley M.B.H
1925 - Sept. 15. Hist to Mrs. G. C. Parks, AWF.
1927 - June 3 - Hist to Mrs. Opal S. Hodge AWF.
Page 11

7487
Kentucky
Josiah Phelps
of Madison Co in the State of Kentucky
who was a private in the company commanded by Captain May of the Rgt commanded by Col Clarkin the Va line for 13 1/2 mos

Inscribed on the Roll of Kentucky 
at the rate of 45 Dollars - Cents per annum, to commence on the 4th day of March, 1831.

Certificate of Pension issued the 16 day of April 1833 and sent to Joseph Turner Richmond

Arrears to the 4th of March 1833 90.00
Semi-anl allowance ending 4 Sept 22.50
$112.50
{Revolutionary Claim, Act June 7, 1832.}
Recorded by Daniel Boyd Clerk
Book E Vol. 7 Page 22
Page 12

Richmond K
Feb 15
Free (illegible)
Hon. James Love
Washington City 
(Dr 6.)
Page 13

State of Kentucky
Madison County} Sct.
On this 14th day of February, 1834, before me, the subscriber, a Justice of the Peace for the said county of Madison, personally appeared Josiah Phelps, who, on his oath, declares that he is the same person who formerly belonged to the company commanded by Captain Richard May, in the Regiment commanded by Colonel George Rogers Clark, in the service of the United States; that his name was placed on the pension roll of the State of Kentucky, under the act of the 7th June, 1832; that he received a certificate (but which by errors he supposes and believes, was issued to "Josiah Philips") under the signature and seal of the Secretary of War, which certificate, on or about the ___ day of April last was mailed at the post office in Richmond, Kentucky, directed to J. L. Edwards Commissioner of Pensions, Washington City. That he has never received the certificate, which issued on the 8th day of June last, of which he is now informed by the letter of J. L. Edwards Commissioner of Pensions, and which letter bears date on the 22nd January, 1834, and now wishes to obtain a correct certificate.
Sworn and subscribed to be} Josiah Phelps
fore me, the day and year afore
said
Joseph Turner JP.
Page 14

State of Kentucky
Madison County} Sct.
I, David Irvine, Clerk of the Court of Madison County, do certify that Joseph Turner is a Justice of the Peace for Madison County, duly qualified and commissioned as such, and that his signature to the foregoing certificate is his genuine signature
In Testimony whereof I have hereunto set my hand and affixed the seal of my office on this 14th day of February 1834.
David Irvine.
Clerk of the Court of Madison County.
Page 15

Richmond, 14th Feb 1834
Dr. Ter- (illegible) Annette you will find the statement of Josiah Phelps in relation to his pensioners certificate.  the old gentleman is very
anxious to get his certificate early.  To insure which I have enclosed his statement to you .  We have nothing new here.
Respectfully,
Joseph Turner
Page 16

Payments to be made 
at Lexington
by the Prent of USB Banks
Agent for paying Pensioners in the Agency of Kentucky
Page 17

WAR DEPARTMENT.
Revolutionary Claim.
I certify that, in conformity with the law of the United States of the 7th June, 1832, Josiah Phelps of the State of Kentucky who was a private in the Army of the Revolution is entitled to receive Forty-five dollars and - cents per annum, during his natural life, commencing on the 4th of March, 1831, and payable semi=annually on the 4th of March, and 4th of September, in every year.
Given at the War Office of the United States, this Sixteenth day of April one thousand eight hundred and thirty=three
Lew Cass
Secretary of War.

Examined and
Countersigned.}
J L Edwards
Commissioner of Pensions.
Page 18

Rev ger (illegible)
Paris, Ky--
April 12th 1915
Chief of Pension Office
Dear Sir  --
Mrs. Elisabeth Woods Allen (Sanford Allen) of Millersburg KY has made application to join our chapter of D.A.R. on the services of Josiah Phelps and Matthew Mullins of Madison Co. Ky.  Will you kindly send me their records for verification.
Thanking you for the kindness I am Sincerely Mrs. W. H. Whitley
Regent Jeurina Johnson Chapter, D. A. R
Paris, KY
Page 19

[penciled]
P. M & P
P-m + W
" " 9

[header]
1309.
FARMERS NATIONAL BANK
CAPITAL $150,000.00
S. S. PARKES, Cashier.
JOHN BENNETT, Pres't.
ROBT. R. BURNAM, Asst. Cash.
Richmond, Ky.

[body]
Feby 26th 1895
The Honorable
Commissioner of Pensions
Washington, DC
Sir
In 1831 Josiah Phelps of Madison County Kentucky was granted a Pension On account of Services in the Virginia State Line and about that same time Mathew Mullins was also granted a Pension
Those two gentlemen were Ancestors of mine and I am exceedingly anxious to get something of their Military history and will be Obliged to you if you will give me so much of that history as is shown by their papers on file for Pensions
Respectfully
John Bennett
Page 20

NW.
Josiah Phelps
I 31451

[stamp 1]
RECORD DIVISION
NOV 20 1907

[stamp 2]
U. S. PENSION OFFICE A
NOV 22 1907

[letter body]
Blair Park
The Commissioner of Pensions,
Pension Department,
Washington, D.C.
Will you kindly send me what the records of your office show concerning the military services of Josiah Phelps, of Virginia, in the Revolutionary War. I desire to use this information in forming the Boonsborough Chapter, D.A.R.
Hoping for an early rely,
Very respectfully,
Mrs. James W. Caperton,
Richmond, Kentucky,
Nov. 20" 1907.
Page 21

L.S.W.
Dear Sir:-
I thank you very much for sending me, - date Dec. 3rd" the papers of Josiah Phelps' service as a soldier in Revolutionary War. In this you state that he was born in Rockingham Co. Va. - my family tradition says "Buckingham Co. Va. - Could you have made a mistake in copying? - I also want to know whether Josiah Phelps mentions in his papers of application his residence at Fort Boonsboroughs & service in defense of that Fort.
Could you furnish me with a copy of Josiah Phelps' application for a pension and the accompanying papers - for which I should be glad to pay a reasonable sum - I am especially desirous of knowing if the "Rockingham Co" is correct or if there is a mention of Boonsboro -
Very respectfully,
Mrs. James W. Caperton,
Richmond, Kentucky
Dec. 6" 1907.

31451
Blair Park
Mr. V. Warner, Commissioner;
Bureau of Pensions,
Washington, D.C.
Page 22

Charleston Ill.
March 26 1927.

Pension Office
Washington D.C.
Dear Sir:- Please send met he war Record of Josiah Phelps, who applied for pension from Madison Co. Ky. in 1832, for six years service. He was born 1755 and died 1835 was with Gen Geo Rogers Clarke on several expeditions,
Very truly yours
Mrs Opal S. Hodge

[stamp]
U.S. PENSION OFFICE 
MAR 28 1927
Page 23

CAPTAIN JACOB RICH
CHAPTER
COBDEN, ILLINOIS
DAUGHTERS OF THE AMERICAN REVOLUTION

Anna Illinois
July 4, 1925
Commissioner of Pensions
Washington D.C.

My dear Sir:
Please send me a copy of the pension papers of Josiah Phelps who was placed on pension roll in 1832 from Madison County Ky. - Also list of children & name of wife -
Thanking you, in
patriotism
Carrie R. Parks.

[stamp 1]
Mrs. G. C. Parks
505 Main Street
Anna, Illinois

[stamp 2]
U.S. PENSION OFFICE A
JUL 20 1925
Page 24

CAPTAIN JACOB RICH
CHAPTER
COBDEN, ILLINOIS
DAUGHERS OF THE AMERICAN REVOLUTION

Anna Illinois
June 6, 1925

My dear Sir:
Please send me copies of the pension papers of Josiah Phelps who was placed on pension roll in 1832 from Madison County Ky, - name of wife & list of children if any, - also that of Leighton Cooper who applied for pension from Adams Co. Ky, in 1829 which was allowed, with name of wife & children if it is listed and oblige
Yours in patriotism
Carrie Parks

[stamp 1]
Mrs. G. C. Parks
505 Main Street
Anna, Illinois

[stamp 2]
U.S. PENSION OFFICE L
JUL 8 1925
Page 25

[header]
Colorado School
for the
Deaf and the Blind
Colorado Springs

TRUSTEES.
J. F. HUMPHREY, COLORADO SPRINGS.
M. S. McDONALD, PUEBLO.
GEORGE E. WEST, DURANGO.
LEO R. GOTTLIEB, TRINIDAD.
E. J. EATON, COLORADO SPRINGS.

OFFICERS.
J. F. HUMPHREY, PRESIDENT.
M. S. McDONALD, SECERTARY.
A. J. LAWTON, TREASURER.
W. K. ARGO, SUPERINTENDENT.

[handwritten body]
April 6, 1906.
Department of the Interior,
Bureau of Pensions,
Washington, D.C.
Please send me a statement of the military history of Josiah Phelps of Madison Co. Ky. "He received a pension on account of his services in the Rev. war, during which he was a participant in the campaign with George Rogers Clark in the Northwest." He was a private in the service of the state of Virginia in 1777-78-79-80-81-82 was engaged in many battles and skirmishes with the Indians and British under Capts Richard May, John Montgomery, James Patton

[stamp]
O. W. & M. DIV. FILES
APR 11 1906
Page 26

and William Oldham with Geo. Rogers Clark and John Bowman for his colonels.""He was also a soldier in the expedition of the capture of Illinois under Gen. George Rogers Clark."
I am anxious to know his military history while he was in Clark's Illinois Regiment for I want to join the Daughters of 1812.
He was a member of the General Assembly of Ky. and would that also admit me?
I shall be very grateful for any information you can give me.
Very sincerely,
Isabella C. Argo.
Mrs. W. K. Argo.

[stamp]
U S PENSION OFFICE A
APR 10 1906
Page 27

Hon. J. L Edwards
Pension Agent.

Ken
Hon J. Love
Page 28

BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of Josiah Phelps which require further proof or explanation.

I. Does the declaration show where the applicant resides? 

II. Did the declarant make the declaration in the county where he resides? 

III. If the applicant did not make the declaration in the county where he resides, is there any reason assigned for him not doing so? 

IV. Has the declarant mentioned the period or periods of the war when he served? 

V. *Has he mentioned 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? 

VI. Has he given the names of the officers under whom he served, in conformity with the regulations?

VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832? 

VIII. Has the Court given their opinion? 

IX. Has the Clerk given his certificate? 

X. Is the Clerk's seal affixed? And if so, has it a device or inscription by which it can be distinguished from any other seal?
Page 29

2

XI. Has the applicant obtained the evidence of a clergyman and another respectable citizen as to their belief respecting his age and the general belief in his neighborhood relative to his revolutionary service? 

XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it? 

XIII. If the applicant has no documentary evidence, and has not obtained the testimony of at least one living witness, has he stated in his declaration that such proof cannot be had? 

XIV. [notation sign 1]If the applicant's name is not found on the rolls of military service, has he produced a witness or witnesses as to his service? 
If he has produced direct proof as to service, has the magistrate who administered the oath, certified to the credibility of the witness or witnesses? 
Has the proper officer certified the official character and signature of the magistrate as the regulations direct? 

XV. Does it appear from any of the papers that the witness was in such a situation, or of such an age, as to have a personal knowledge of the applicant's service? 

XVI. [notation sign 2]Are the papers authenticated as the regulations direct? 

XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered? 
_________________________
EXPLANATORY NOTES.

*QUERE V. 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 ___________ year _____________ months, and _________ days, I served as a ______________ For _____________ months and ___________ days, I served as a _______________; and for such service I claim a pension.”
Page 30

3

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 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 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.
[notation sign 1]QUERE XIV. 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 witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
[notation sign 2]QUERE XVI. 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 paper authenticated, the certificate must be attached thereto by a piece of paper which contains the affidavit, or other paper 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.
[symbol of pointing finger]In every case where the clerk of the court, or other certifying officer, 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.
Page 31

Record Division.
December 17, 1907

Mrs. James W. Caperton,
Blair Park,
Richmond, Kentucky.
Madam: 
In reply to your letter dated the 6" and received the 9" inst., you are advised that it appears from the papers in the claim (Sur. File 31451) of Josiah Phelps, that he was born February 11, 1755 in 
Buckingham co., Virginia, and that from the fall of 1777 to June 1778 he was on guard at Boonsborough, he does not state that he ever resided at said place.
Owing to lack of clerical force available for the purpose this Bureau is unable to furnish copies of papers in Revolutionary War pension claims.
Very respectfully,
Commissioner.