Revolutionary War Pension and Bounty Land Warrant Application File S. 37,955, Edmund Graves, N.C.
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Service N.C.
Graves, Edmund
Number S. 37,955
Contents
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S[illegible]
Aug 12 1834 to P.
A[illegible] L W. Ferguson

(26732)
Kentucky 26732
Edmund Graves of Shelby in the State of Kentucky who was a private in the com commanded by Captain Scott of the regt commanded by Col Cleveland in the N. Carolina line for 1 year.

Inscribed on the Roll of Kentucky at the rate of 40 Dollars - 0 Cents per annum to commence on the 4th day of March, 1831.

Certificate of Pension issued the 26 day of May
1834 and [illegible]
-
Arrears to the 4th of March 120.00
Semi-anl. allowance ending 4 Sept 20.00
$1400.00

Revolutionary Claim
Act June 7, 1832
Recorded by Dan B[illegible], Clerk
Book 6 Vol. 7 Page 11
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30, 987
John Field to Edmund Grave
Ken

John Field to R.M. J.
Hon Roll Johnson
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State of Kentucky
Shelby County

On this 10th day of May 1834 personally appeared before me James C. Burns a Justice of the peace in and for Shelby County and one of the Judges of the County Court for said County of Shelby Edmund Graves aged 70 years who being duly sworn according to law doth on his oath make the following declaration in order to obtain the benefit of an act of Congress passed the 7 of June 1832.

This declarent States that he was residing in Surry County State of North Carolina when he entered the service of the United States and
served as hereafter stated-that in the month of March in the year 1779 a draft was ordered in said County of Surry for a term of six months when he the said Graves was drafted into the service of the United States for the above stated period and rendezvoused at Surry Courthouse on the first day of April 1779-and marched from said Courthouse under the command Capt Scott and was attached to Col Cleavelands Regiment and by order of Gen Ash  was marched to join Genl Lincon in South Carolina which junction they formed near Savanna [illegible] March was then by order of Gen Lincoln directed toward Charlestown and near to Charleston the army under the command of Genl Lincoln had a small engagements with the Brittish in which
engagement he states he was actively engaged he states that they then went on to Charlestown and after remaining [illegible] that time Gen Lincoln ordered to march through the county towards Savannah
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where he remained until after the Battle at said place in October when his six months being expired he was discharged by his said Capt Scott in Oct and then returned home where he remained until after Gen Lincoln surrendered Savannah to the Brittish.

He further states that in the month of June 1780 a draft was ordered in said County of Surry for a tour of three months when he the said declarent was drafted for that period and was marched from said County of Surry under his former Capt Scott and under the command of Col Gregory they marched near the line between North and South Carolina and joined Gen. Gates, after seeing Genl Gates they were marched towards Camden in South Carolina where he states they had a hard fought battle but were compelled to retreat as far as Salsbury and thence to Hillsborough where he states he was discharged by his Capt Scott in the month of Sept 1780. He further states that at the time of his receiving his discharge that it was reported that Gen Green was to take command of the Southern Army and it was stated that there would be a change in the times in the South if he the said Green could get because accordingly one Capt Williams proposed raising a company of volunteers when the said Edmund Graves did volunteer under said Capt Williams for three months this tour he states commenced in October 1780, he states that as soon as Capt William's Company was organised they
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were ordered to Charlotte and after remaining at Charlotte some time for how long he does not remember they were then marched to Cheraw, at which place his time of service expired when he was discharged by his said Capt Williams early in the month of January 1781 - He further states in month of January 1781, he again volunteered for a tour of three months under Capt Jameson and was attached to Gen Davidson's Brigade he states that he was in the action at McCowans Ford on the Catawba River in which engagement Gen Davidson was killed the balance of the Brigade that escaped was marched and joined Gen Morgan; and shortly after joining Gen Morgan they they united with Gen Green at Guilford Courthouse in North Carolina. Thence they proceeded across Dan river into the state of Virginia and that shortly after they were again marched back into North Carolina and was marched to Guilford Courthouse when the Battle was fought he states that he was in said Battle a part of the time. He states that after a retreat was ordered the Militia squandered in various directions but that they joined the army again at Speedwells Iron works. He states that after remaining there some time that Gen Green Marched his army towards Cawpans and stationed his men in a few miles of that place and during their stay at this encampment he states his said three months expired when was discharged
3
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in writing by his said Capt Jameson about the 20th of April and returned home. 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 states that from old age and bodily infirmity he hereby relinquishes every claim whatever to or that he cannot affirm in open Court to make [illegible] pension or annuity except the present and declared


That his name is not on the pension roll of the agency of any State

Edmund Graves

Sworn and subscribed this 10th day of March 1834
J. C. Burnett [illegible]

Ques Put by Justice
Ques Where and in what year were you born
Ans I was born in Surry County state of North Carolina in the year of 1762
Ques Have you any record of your age
Ans I have as taken from my Father family record
Ques Where were you living when came into the service where have you lived since the revolution and where do you now live
AnsI was living in Surry County North Carolina when I entered the service where I remained until the year 1783-I then moved to Ky, Shelby Cty where I now live
Ques How were you called into the service were you drafted did you volunteer or were you a substitute and if a substitute for whom.
Ans I was drafted twice and volunteered twice
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Ques State the names of some of the regular officers who were with the troops when you served and such continental and militia regiments as you can recollect and the general circumstances of your service
Ans I know of the Regulars Genl Ash, Genl Lincoln, Genl Huger, Gates, Morgan, and Green, of the Militia this was when I served Gen Pickens and Gen Davidson who was killed on the Catawba- of the Colns there were Cleaveland and Shelby
Ques Did you receive a discharge and if so by whom was it signed and what has become of it
Ans I received discharges for all of my tours of service they were given to me by my Captains but I do not recollect whether they were signed by my Captains or not-these discharges I have lost many years past
Ques State the names of persons in your present neighbourhood who can testify to your character
for veracity and their belief of your services as a soldier of the revolution
Ans I will name John Holland Clergyman and Samuel Greathouse
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We John Holland Clergyman and Samuel Greathouse residing in the neighborhood of Edmund Graves who has subscribed and sworn to the preceeding did as [illegible] say we are well acquainted with him we believe him
to be 72 years of age he is expected and he served in neighborhood to be a man of strict veracity and a soldier of the revolution and we concur in the opinion of the neighborhood John Holland
Samuel Greathouse
Sworn and subscribed this 10th day of May 1834
Ja. C. Burnett
And I James C Burnett do hereby declare my opinion after the investigating the matter and putting the interrogatories prescribed by the war departments that the above named Edmund Graves was a soldier of the revolution and served as he has stated in his declaration and it further appears to my satisfaction that John Holland who has signed the preceeding certificate is a Clergyman residing in the neighborhood of said applicant and that Samuel Greathouse who has also signed is a resident of said neighborhood and is a credible person. I further certify that from Bodily infirmity that the applicant is unable to appear in Court or [illegible] from his own house.
Given under my hand as a Justice of the peace
this 10th day of May 1834

Ja. C. Burnett [illegible]
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James S Whitaker Clerk of the County Court of Shelby by do certify that James C Burnett before whom this declaration was made as a Justice of the peace in and for Shelby Cty and one of the Judges of the Court for which I am clerk and the signature purporting to be his is genuine and full faith is and ought to be given to his Official act in testimony whereof I have hereunto subscribed my name and affixed the seal of my office this 10th day of May 1834
Ja. S. Whitaker Clerk
Shelby County Court

Returnable to John P[illegible]
New Castle Henry Cty Ky
7
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30,987
Edmund Graves
Kentucky

[illegible] 1779 Mayor
140

Hon R.M. Johnson
H.R.
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I will take one year
R. M. Johnson
26th May 1834
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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 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 show 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 compling with this request, greatly facilitate the investigation of your claim.

A Statement, showing the Service of Edmund Graves
Period when the service was rendered
Duration of the claimaint's service
Years Months days
Rank of the claimant
Names and rank of the Field officers under whom he served
Age at present and place of abode when hentered service
Proof by which the declaration is supported

1779, 6, Pr., Cap Scott, Col Cleaveland, 72, N.C. Traditionary

1780, 3, ", Col. Gregory, Capt Williams

1780, 3, "

1781, 3, " Capt Ja[illegible]

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

Four under Capt Williams of 3 months from Oct 1780, doubtful can [illegible] for one year.
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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, Teamater, 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.

DECLARATION
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
State, Territory, or District of
County of } ss.
On this day of personally appeared (a) before A. B. a resident (b) of in the county of and State, Territory, or District of aged (c) years, who being first duly sworn, according to law, doth on his oath make the following declaration, in order to obtain the benefit of the provision made by the act of Congress, passed June 7th, 1832. That he enlisted in the Army of the United States in the year (d), with and served in the (e) regiment of the line, under the following named officers:
[Here set forth the names and rank of the Field and Company Officers; the time he left the service; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers;) the town or county and State in which he resided when he entered the service; the battles, if any, in which he was engaged, and the country through which he marched. This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.]
He hereby 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.
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 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 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 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 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 day of &c.
Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction. If such surviving witness cannot be found, the applicant will so state in his declaration, (l) and he will also, whether he produce such evidence or not, proceed to relate all 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 simply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in one 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.
G.{
To a Soldier. Did you ever receive a discharge from the service, and if so, by whom was it given, and what has become of it?
To an Officer. Did you ever receive a commission, and if so, by whom was it signed, and what has become of it?
7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution.
The Court will see that the answers to these questions are embodied in the declaration, and that they are requested to annex their opinions of the truth of the statement of the applicant.
The applicant will further product 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 his 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 to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court.
Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the Peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature.
No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure , taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.

[a] The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance.
[b] The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not conforming to the rule.
[c] The age of the claimant must invariably be mentioned.
[d] The declarant must mention the period or periods of the war when he served.
[e] Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had. Every claimant must state, with precision, the length of his service, and the different grades in which he served, in language so definite as to enable the Department to determine to what amount of pension he is entitled. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of 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."
It is important, in all cases, to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state that they served two years in the militia, &c. without specifying the tours, the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must, in every case, be clearly shown under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or 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 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 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 wife and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
[i] The notes from [a] to [i] are all equally applicable to the cases of Milita 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.
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April 3, 1935
XXXXXXXXXXXXXX
Mrs. Eugene H. Ray
#20- "C" Weissinger-Gaulbert Apts.
Louisville, Kentucky

Edmund Graves, S. 37955
RA-J/MCS

Dear Madam:
Reference is made to your request for information relative to the Revolutionary War soldier, Edmund Graves, who was pensioned from Shelby County, Kentucky.
The data which follow were obtained from papers on file in the pension claim, S. 37955, based upon the military service of Edmund Graves.
He was born in 1762 in Surry County, North Carolina. The names of his parents were not given.
While a resident of Surry County, North Carolina, he enlisted and served as private with the North Carolina troops as follows: from March, 1779, six months in Captain Scott's Company in Colonel Cleveland's regiment, was in an engagement with the British near Charleston, South Carolina; from June, 1780, three months in Captain Scott's company in Colonel Gregory's regiment and was in the battle of Camden; from October, 1780, three months in Captain Williams' company; from January, 1781, three months in Captain Jamerson's or Jameson's company and was in the battles of Cowan's Ford and Guilford Court House.
He was allowed pension on an application executed May 10, 1834, at which time he was living in Shelby County, Kentucky, having moved there from Surry County, North Carolina, in 1785.
It was stated that Edmund Graves married twice (names of wives not given) and William Ferguson married a daughter by the first marriage (her name not given). The soldier's second wife was living in 1834. Reference was made to one William I, or J. Graves, a resident of New Castle, Henry County, Kentucky, in 1834, but it was not stated that he was related to the soldier. There are no further data relative to the soldier's family.

Very truly yours
A. D. HILLER
Executive Assistant to the Administrator
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Edmund Graves
Ky roll
rec 1832
26782
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Shelby Circuit Court April Term 1834
The sheriff retuned here into court the following with his return thereon endorsed at the Common of Kentucky to the Sheriff of Shelby County Greeting.
You are hereby commanded to Summon twelve good and lawfull men to [illegible] & who shall be by you charged to enquire whether Edmund Graves of County be or be not a person of unsound mind and whether he was so at the time of his birth or became so since and also of what estate if any he the said Graves is possessed and the value thereof and an inquest so taken you are required to return to the judges of our Shelby Circuit Court at the courthouse in Shelby [illegible] on the first day of our next march term and have then there this writ Witness Saml Craig Clerk of our said Court this 14th day of Febuary 1834 and 42 year of the Commonwealth
Saml Craig
Return list Came to hand the 15th day of February 1834 and by virtue of the above writ I did summon the following twelve good & lawfull men [illegible] Will Campbell Will McDonald A Tucker Will Corby D Jennings & Thomas Jennings Charles Juge Robert Russell Russell Will Filly Saml Greathouse W F & Thomas Jennings who on Tuesday the 18th day of February 1834 did meet at the house of Edmund Graves in the County of Shelby aforesaid and then and then charged & sworn in due for of law to enquire as in said writ is directed who under their Hands & seals returned the following [illegible] we find that Edmund Graves of Shelby County is a person of unsound mind and entirely incapable of taking care of his property and that he became so about about one year ago we find that his estate consists of 200 acres of land worth
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Eight dollars per acre & slaves worth probably
$1200. 30 Horses Cattle sheep hogs farming utensils and household furniture of the probable value of $360.00 Given under our hands & seals this Jennings McDonald Will Campbell Segrand [illegible] Robt Russell David Jennings and Greathorse
Charles Inge
John Robinson D[illegible] C Mitchell

All of which was examined & approved by the Court whereupon It is ordered that Mr Boyd be & he is hereby appointed a committee for the said Edmund Graves & upon his entering into court in the clerks office of this Court to the court of Kentucky in the penalty of $1000.00 with one good security Conditioned for the faithful discharge of the trust confided to him a committee to return an inventory account for all money and property which shall come into his Lands & possession and then said Committe may proceed to discharge of his of duty as committee said at the next term of this Court he is required to render an Inventory of said estate
A Copy from the record
Saml Davis
Fee [illegible] paid
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Shelbyville
Sep 6
Edwards Esq
Comm of Pensions
Washington City
District of Columbia
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Shelbyville Sept 6 1834
Sir,
I understand from Mr Kinkow that he has replied your Letter for me in my absence I will to say in reply that, Mr. Shaw & Field who have been extensively engaged in preparing declarations for applicants, indeed Graves to take the oath, respecting his military service drew up the Declaration of the first was returned-what part of the pension they have received I do not know. My impression was and is yet that nothing has been grown but if anything has been grown I understand. They usually have one half of what is grown upon the first application to the Pension agent. I will also state that the magistrate who was first applied to Robert Robb required to act upon the ground of the mental incompetency of Graves. I will further state that Shaw states to an acquaintance of mine John Shea that he Shaw did not think Graves was in his right mind but that he [illegible] for the money-and Shaw also states that he could get any man a pension. It is strongly suspected by respectable men here who are much better informed upon the subject than I am that Shaw and Field have contributed through the agencies in which they have been employed to practice many [illegible] upon the government. It is suggested to me, that son of -Griffin in this county deserves to be enquired into this court I know nothing about but from hearsay. But Shaw and Field "went" in for the money. 
William Ferguson
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Shellyville Oct. 19
Sir
I enclose to you a transcript of certain proceedings had in the [illegible] Court of Shelby County, by which you will [illegible] cover that there is no will of Graves' incompetency also my own affidavit M Burnett the Justice before whom he made his declaration would confirm these facts but he is unwilling to make any statement about it unless by Law compelled. Burnett states that he [illegible] or first to act in this case, but finally did so through the declaration of Field. 
Burnett is a man of excellent character, or is [illegible] Robb but they both are unwilling to make any statements about this matter unless they are sworn witnesses for a Court competent to compel them to give Testimony. In the case of Griffin I am not prepared to give any information concerning it. If you think that Fraud has been practised upon the Government in Graves' [illegible] before you, and require my agency any further in establishing it, I will under such services with as much ability as I am capable I am unacquainted with the Law and know not what penalties Field
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Has subjected himself to 
Very respectfully
[illegible]
William Ferguson
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Shelby County
State of Kentucky
8th day of October in the [illegible] before the subscribed a Justice of the Peace in and for the County aforesaid personally appeared before me William Ferguson who upon his oath states that Edmund Graves who was an aplicant for a pension under the laws of the United States, at the time and for a [illegible] year of two years previous to his making his declaration to obtain a pension, was insane and notoriously incompetent from mental debility to make any connected statement of facts and occurrences which had transpired in the previous course of his life. Said Graves was at the time of making his declaration under the care of a committee appointed by the Shelby Circuit Court to take charge of his person and of his property. This applicant here replies to the verdict of the jury summoned and sworn to enquire into his condition, and to the con[illegible] transcript of the proceedings thereupon taken from the Records of the Shelby Circuit Court.

Given under my hand as Justice of the Peace day & date first written
Ja C Burnett
Page 25

Pension Office
11 August 1834

FREE
[illegible]
Lewis Cap
Washington City

Pension Office
Page 26

Shelbyville
August 1st 1834

Sir
I have reason to believe that a Fraud is about to be practised upon the Government and I choose to communicate these facts to you. Edmund Graves of this County has made his declaration under the Pension Act of June 1832 which perhaps before this has reached the Department over which you are Chief. To my certain knowledge he was not in a competent state of mind at the time he made his declaration to [illegible] any connected series of events or facts, and I do not believe without the mercenary aid of the persons who are acting as his agents in this matter that it would have been possible for him to have made a declaration upon which you could have awarded him a pension. If you think proper to enquire, I venture to say my suggestions can be established as facts. I married the daughter of Edmund Graves and knew him well.
William Ferguson
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Monday 13th of September 1834
Dear Sir     
I trust you will afford me an apology for addressing to you the following communication, which I do for the purpose of counteracting if possible an impression made on your mind by a wicked, malicious and nefarious letter which I learned of Saturday last had been sent to you over the Signature of William Ferguson in relation to a pension Claim made out by me for Edmund Graves of Shelby County Kentucky in relation to said Claim.  I beg leave to State that during the Spring term of the Shelby Circuit Court Said Ferguson (a son-in-law of Edmund Graves) applied to William J. Graves a lawyer in Newcastle Assembly, who was then in attendance at the Shelby bar either to make out the Claim or for some information how they should proceed – in order to obtain a pension for his Father in law.  Mr. William J. Graves referred to him to me Stating to Ferguson that I was engaged in preparing Claims accordingly before Court adjourned.  I went to Shelbyville and W. J. Graves informed me that Ferguson had Spoken to him respecting the Claims of his Father-in-law and that he had recommended me and requested me to ride out and make out said Claim accordingly I rode out to the old Mr. Graves', I found the old man in a very low state of health confined entirely to his chamber.  I told him my business and asked him if he wished me to make out his Claim.  He said he did.  I was then presented with a declaration that had been prepared for him about 18 months or two years previous, which declaration had been sent to the department and rejected.  I readily discovered the objection, which was the age of the applicant not being stated, and the declaration being on different sheets of paper was not conformed
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with tape or [illegible] as the regulations of the department require every thing else in the declaration was right and admitted by the department.  I then drew a copy of the old declaration avoiding the two objections above named and sent for Ja C. Burnett a Magistrate in that neighborhood before whom the first declaration was made.  When he came he asked the old man some questions and was pertinently and rationally answered by him after examining the two declarations he then took the one I had drawn up, went in the room where the old man was.  I was at that time engaged in writing and did not go in with the magistrate, he returned with the declaration having the mark of the applicant representing his Signature, got the traditionary evidence and then certified the paper according to law.  I can say with respect to Mr. Burnett although I had never seen him before that morning that he is in my opinion an intelligent gentleman and one who I think understands his duty as a Justice of peace as well as any Magistrate before whom I have ever done business as his subsequent Services have proven to my satisfaction, it is strange that during all this time that I never heard of any derangement in the old man's mental powers nor did I ever entertain the most distant idea of his insanity until last Saturday – when I met with Ja C. Burnett, Esq. who informed me of the malicious communication of William Ferguson to you, but Sir the situation in which Mr. Ferguson is placed with respect to the family of old Mr. Graves readily accounts for the sensitive discovery which he has made respecting the derangement of his father-in-law Mr. Graves had twice been married and by his first wife had a daughter the wife of Ferguson and after their marriage from the unexampled worthlessness of Ferguson, he Ferguson, has spent
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nearly or quite all of his property, and to add to this the second wife of Mr. Graves (now the widow) not being the mother of Mr Ferguson has not used her influence to contribute to the wishes of Ferguson in consequence of which there is 'breach' in the family not easily healed.  I never heard of any objection made by Ferguson until he ascertained by inquiry that the pension after the death of the old man belonged by law to the widow, he then stated to Jas C. Burnett that the widow had gone about sixty dollars in debt upon the faith of the pensions but he would disappoint her and I suppose resorted to this miserable trick to keep his words good.  If there be any honesty or fairness about the man why did he call upon W. J. Graves a few days previous to my preparing the case to give him information how to procure the pension?  If he believed the old man deranged why did he not tell me so?  I saw him a few days after I had prepared the case, but Sir not a word of dissatisfaction did I hear until he ascertained that the widow was the lawful heir to the pension and then as he told Jas C. Burnett he would disappoint her.  Now if he was activated by a wholesome and patriotic motive, if he thought the treasury was about to be defrauded out of its money, if he thought the government was cheated I would then Join in and give him credit for what he had done.  But on the other hand if he was gratifying an envious and malicious hatred which he has towards the widow whom the law has made the heir in such cases then he very justly deserves the contempt of every high minded and honorable man in the Commonwealth.  In addition to his ability to to make the communication to you he has as I understand called in the assistance of some Whiggish pettifogger whose preju-
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-dice extends to me as well as to every other supporter of the administration consequently I do not think that a fair and impartial communication was intended to be made, all that is asked is a pension upon a fair and honorable claim, no other is wanted and I do assure you no other would be received.  If there be any evidence required, taken before any Court in this Commonwealth, I hope you will inform me of what kind of evidence is necessary and before what court it shall be taken and I will attend to the matter.  
I am Sir very Respectfully 
your obedient Servant, 
John Field
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NewCastle Ky 17 Sept

Hon James L Edwards
Commissioner of pensions
War office
Washington City
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Louisville, Ky.
Jan 26-1935

Revolutionary War Dept
Washington, D.C.
My Dear Sir:
Will you kindly give me what information you have on one Edmund Graves who drew a pension from Shelby Country Kentucky?
Thanking you in advance for an early reply, I am most sincerely
Mrs. Eugene H. RAy

#20- "C" Weissinger-Gaulbert Apts.
Louisville, -Ky-
Page 33

37955
INVALID
Re[illegible]
File No. 37,955
Edmund Graves
Pri Rev War
June 7, 1832
Act 18 March 18
Index: -Vol 2, Page 208
[Arrangement of 1870]

1935 Apr. 3. hist to MCS
Mrs. E[illegible] H. Ray