Revolutionary War Pension and Bounty Land Warrant Application File S. 30264, James Bean, Va.
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Service
Va.
Bean, James.
Born in Va
Number 
S. 30264
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Kentucky
30,316
James Bean
Narrison Co. in the State of Kentucky was a private in the company commanded by Captain Huston of the of the Regt commanded Col __ in the Virginia militia for six months from 1779

scribed on the Roll of Kentucky the state of 20 Dollars ~ Cents for annum commence on the 4th day of March, 1831.
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Jas 27.207
Bean Decons.

Judge J. Trimble

Hon. Rick. Johnson.
Gt x ing

The certificate to be sent to John Trimble Cynthiana Harrison County Ky.
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State of Kentucky sct
On this 12th day of August 1833 personally appeared in  open Court
before the Justices of the County Court for Harrison County in the State aforesaid James Bean a resi-
dent of said County aged seventy years on the 22 of September last who being first duly sworn accord
ing to law doth on his oath make the following declaration in order to obtain the benefit
of the provision of the act of Congress passes June 7th 1832. That a short time before Corn-
wallis was taken and the same year I was drafted to serve a tour of three months as a private
solider in the Army of the United States in Capt George Huston's Company of Virginia
militia. I was drafted in Rockingham County State of Virginia and immediately after-
wards we marched to Richmond, we then crossed James's River a few miles above Rich-
mond and then we marched to a little creek called hot water where we had a skirmish
with the British troops but we were compelled to retreat, and in the skirmish the British
took a man of the name of Bowyer prisoner.  From there we marched on towards
Little York in Virginia and near the Town but on the opposite side side of the river we had
another skirmish with the British Troops.  In that skirmish General Antho-
ny Mayne commanded the American Regulars and lost six pieces of Cannon as I was
informed immediately after the action.  From there we marched to Petersburg State
of Virginia and in consequence of the small pox being in the Town
we passed by it and crossed the River and marched to the City of Rich-
mond and from there we marched down the River to a place called Bottom's Bridge
and near that place we were discharged.  We got no written discharges and I
know of no surviving witness in the State by whom I can prove my services except John Fitz
water.  I hereby relinquish every claim whatever to a pension except the pres-
ent and I declare that my name is not upon the Pension Roll of any agency in
any State.  I further state that by reason of old age and consequent loss of memory
I cannot state the year in which I entered the service but I recollect it was a short
time before the surrender of Cornwallis. For the same reason I do not recollect
precisely the time of my discharge but I recollect I served out my Tour.
The following questions were provided by the Court. 1st Where and in what 
year were you born?  2nd Have you any record of your age?  3rd  Where were you 
you living when you were called into the service, where have 
you lived ever since the Revolutionary War and where do you now live. 4th
How were you called into the service, were you drafted, did you
volunteer or were you a substitute? And if a substitute for whom?  5th State
the names of the Regular officers who were with the Troops where you served and
such Continental and Militia Regiments as you can recollect, and the General circum
stances of your services?  6th Did you ever receive a discharge from the service
and by whom was it given and what has become of it?  7th State the names
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of the persons to whom you are known in your neighborhood and who can testify as to your character for veracity and their belief of your services as a soldier of the Revolution? To the first question I answered that I was born on the 22nd day of September 1762 and I believe from information in Shanandoah County State of Virginia To the second I answered I have not any record of my age My age was set down in the family Bible I have seen it but I do not know what became of the Bible. To the 3rd I answer that I was living at a place called Brocks Gap in Rockingham County, when I was called into the service and continued there until after the close of the War. I then removed to Shanandoah County State of Virginia and resided there about two years. From there I removed to Kentucky where I have resided ever since. To the 4th I answer that I was drafted and was not a substitute To the 5th I answered that General Anthony Wayne and General Daniel Morgan was with the Troops where I served. To the 6th I answer that I received no written discharge that I recollect of, but I was discharged by Captain Hurton? To the 7th I answer that I am known to Michael Smith and George Sharp in my present neighborhood who can testify as to my character for veracity and their belief of my services as a soldier of the Revolution.
Sworn to and declared the day and year aforesaid.
James Bean
x his mark

I John Bitzwater residing in Harrison County State of Kentucky do hereby certify that I was acquainted with the above named James Bean in Rockingham County Virginia in the year 1781 and in that year I lived a near neighbor to him in the sd. County and State and although I did not see him when he entered the service as a Revolutionary Soldier I well recollect that it was generally reported and believed in the neighborhood in that year that he was in the service as a soldier and I recollect that I saw him a short time after it was reported that he had returned home I further state that I frequently heard it spoken of in the neighborhood that he had been in the service & never heard it contradicted or doubted by any person.
Sworn to and subscribed in open Court this 12 day of August 1833.
John Fitzwater

[next section scratched out]
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the day of August in the year one Thousand eight hundred and thirty three.

And the Court doth certify that Michael Smith and George Sharp two respectable persons residing in Harrison County State of Kentucky came personally into Court and certified that from their acquaintance with the above named James Bean they believe him to be at least 70 years of age and that they believe from information that he was a soldier of the revolution
Sworn to and subscribed the day & year aforesaid
Michael Smith
George Sharp
x his mark

And the Court do hereby declare its opinion after the investigation of the matter and after putting the interrogatories prescribed by the war department that the above named applicant was a soldier of the revolution and served as he states. And the Court doth certify that Michael Smith and George Sharp who have signed the preceding certificate are residents of Harrison County in the State of Kentucky and are credible persons and that their statement is entitled to credit.

Commonwealth of Kentucky Harrison County Sct.
I Samuel Endecott Clerk of the County Court for the County aforesaid, do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of an application of James Bean for a pension
In Testimony whereof I have hereunto set my hand and affixed my seal of office, this 16th day of August, A.D. and in the 42 year of the Commonwealth. Samuel Endecott Clk
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James Bean's Amended Dec'n.

Judge Trimble

Hon. R M Johnson
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State of Kentucky Harrison County sct
On this 9th day of June 1834 personally appeared in open Court before the Justices of the Harrison County Court and State aforesaid James Bean aged a resident of sd. County and State aged 72 years on the 22nd of September last who being first sworn according to law doth on his oath make the following declaration in addition to the declaration heretofore made by him in order to obtain the benefit of the provision made by the Act of Congress passed June 7th 1832. That in the year 1779 I resided in Rockingham County State of Virginia & was a boarder in the family of Thomas Beggs the father of James Beggs whose affidavit has been taken to prove my services. That in that year I was called into the service of the United States to serve a tour of three months in guarding the frontier of the State of Virginia, That I served out the tour of three months as a private soldier in the Virginia Militia. That the Company in which I served was commanded by Capt Hewitt & Cornelius Kane was the Lieutenant but from my great age & consequent loss of memory I have forgotten the names of the other commanding officers. That I know of no person in this State by whom I can prove my sd. services except the sd. James Beggs whose affidavit I have taken.
Sworn to and subscribed the Day and year aforesaid. 
James Bean

And the Court do hereby declare their opinion that the above named applicant was a soldier and served as he states.

State of Kentucky Harrison County Set.
I, Samuel Endecott Clerk of the Court of Harrison County certify that the foregoing contains the original proceedings of the said Court in the matter of the application of James Bean for a pension In testimony whereof I have hereunto set my hand and seal of office this 2nd day of July A.D. 1834 and in the year of the Commonwealth the 43rd
Samuel Endecott
Clerk of the Court of Harrison County
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State of Kentucky Harrison County set.
This day came James Bean a resident of the County aforesaid before me a Justice of the Peace for said County and made oath that when he made his first declaration for the purpose of obtaining a pension he did not know or believe that he had a right to claim a pension on account of the Tour of duty which he performed in the year 1779 inasmuch as he performed that Tour in guarding the frontier of Virginia against the Indians, But wen he made his first Declaration he believed that he had a right to claim only for his services while acting as a soldier against the English Troops. And for that reason he did not state his services in the tour of 1779 in his first declation. Given under my hand this 29th day of April 1835.
Th B Woodyard JP

State of Kentucky Harrison County set.
I Thomas B. Woodyard a Justice of the Peace for the County aforesaid do certify that James Beggs who made an affidavit before me on the 7th of April 1834 proving the services of James Bean as a soldier in the War of the Revolution is a person from undoubted information of credibility. Given under my hand this 4th day of May 1835.
Th. B. Woodyard JP

Commonwealth of Kentucky Harrison County SS
I Samuel Endecott Clerk of the County Court for the County aforesaid do certify that  Th B Woodyard whose name appears to the foregoing writings, is and was at the time of subscribing the same, an acting Justice of the Peace in and for said County, duly
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appointed and Commissioned and qualified; that the said Signatures are genuine, and that full faith and credit are due to all his official acts and deeds as such. In testimony whereof, U have hereunto set my hand, and affixed my seal of office at Courthouse, this 17th day of December A.D. 1835 and in the year of the Commonwealth, the 44th.
Samuel Endecott Clk C.C.
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27,207
James Bean
Harrison County
Kentucky,

Served only three months see letter 22 Oct. '33 to Hon: R. M Johnson.
do 16 dec 1834.
do 27 dec: '34
from 1779 pri
6 months.
$20

Hon R. M. Johnson
Gt + ings
Ken.
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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. These points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus: }). You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your claim.

A Statement, showing the Service of James Bean
Period when the service was rendered.
1781
Duration of the claimant's service.
Years.
Months. 5
Days.
Rank of the claimant.
Prv.
Names and rank of the Field officers under whom he served.
Capt Huston
Age at present, and place of abode when he entered the service.
70
Va
Proof by which the declaration is supported.
Traditionary & one witness. Witness not certified to be credible.

I am, respectfully,
Your obedient servant,
J. L. EDWARDS,
Commissioner of Pensions.
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Regulations under the Act of June 7, 1832.
The following regulations have been adopted:
This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army, and to include under the terms "Continental Line," "State troops," "militia," and "volunteers,: all persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, &c. [Et cetera] Teamsters, Boatmen, &c. [Et cetera] 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
On this [blank] day of [blank] personally appeared (a) before [blank] A. B. a resident (b) of [blank] in the county of [blank] and State, Territory or District of [blank] aged (c) [blank] years, who being first duly sworn, according to law, doth on his oath make the following declaration, in order to obtain the benefit of the provion [provision] made by the act of Congress, passed June 7th, 1832. That he enlisted in the Army of the United States in the year (d) [blank] , with [blank] and served in the [blank] (e) regiment of the [blank] line, under the following named officers: [blank]
(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. [Et cetera] )
He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of [blank]
Sworn to and subscribed the da and year aforesaid. A. B.
(And then will follow the certificate of the Court.)
And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states.
I, [blank] of the Court of [blank] do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of [blank] for a pension.
In testimony whereof I have hereunto set my hand and seal of office (i) this [blank] day of [blank] &c. [Et cetera]
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 subscr9be a declaration similar to the foregoing, with the following additions, viz: [blank]
(k) We, A. B., a Clergyman, residing in the [blank] and C. D. residing in (the same) hereby certify, that we are well acquainted with [blank] , who has subscribed and sworn to the above declaration; that we believe him to be [blank] years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion
Sworn and subscribed the day and year aforesaid.
(And then will follow the certificate of the Court.)
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that A. B. [blank] who has signed the preceding certificate is a clergyman, resident in the [blank] and that C. D., who has also signed the same is a resident in the [blank] and is a credible person, and that their statement is entitled to credit.
I, [blank] Clerk of the Court of [blank] do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of [blank] for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this [blank] day of [blank] &c. [Et cetera]
Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction.
If such surviving witness cannot be found, the applicant will so state in his declaration (l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his
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3
alleged service, as they are known at the Department. A very full account of the services of each person will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition,, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County, in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.
The Court will propound the following (m) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.
1. Where and in what year were you born?
2. Have you any record of your age, and if so, where is it?
3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?
4. How were you called into service' were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom?
5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services.
6. To a soldier: Did you ever receive a discharge from the service, and if so, by whom was it given and what has become of it?
6. To an Officer: Did you ever receive a commission, and if so, by whom was it signed, and what has become of it?
7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution.
The Court will see that he answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant.
The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons - one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion. If one of these [persons is a Clergyman, the Court will so certify, and they will also certify, to the character and standing of other person, giving such certificates.
The traditionary evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party, And the Courts are requested to be very particular in the enquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
Applicants unable to appear in Court by reason of bodily infirmity, may make the declaration before required and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court.
Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court of 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. [Et cetera] . 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 [blank] year [blank] months, and [blank] days, I served as a [blank] . For [blank] months and [blank] days, I served as a [blank] ; 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. [Et cetera] 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.
(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.
(j) In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses, who are required to set forth in their affidavits the time of the claimant's entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
The notes 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 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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30 264
Revy INVALID.

File No. 30,264
James Bean
Pri Rev War

Act: June 7" 32
Index:-Vol. 2, Page 32
[Arrangement of 1870.]
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Judge J. Trimble
Page 17

State of Kentucky Harrison County set.
This day came James Beggs before me a Justice of the Peace for the County aforesaid and made oath that in the year 1779 this affiant resided in Rockingham County in the State of Virginia and that this affiant then composed apart of his father's family. That James Bean now of Harrison County Kentucky also resided in the family of the deponent's father and this deponent knows that sd. Bean was called into the service to serve a tour of three months in guarding the frontiers of the State of Virginia & that sd. Bean served out the tour of three months and then returned home. In that tour sd. Bean served as a private soldier in the Virginia Militia. That in the year 1781 and after the death of this deponents father sd. Bean still lived with the family & in that year he was again called into the service and served another tour of three months as a private soldier in the Virginia Militia. Given under my hand this 7th day of April 1824.
Th B Woodyard JPHC

State of Kentucky Harrison County Set
I, Samuel Endecott Clerk of the Court of Harrison County certify that Th. B. Woodyard is a Justice of the peace and that the signatures annexed is his genuine signature.
In testimony whereof I have hereunto subscribed my name and affixed my seal of office this 2nd day of July A.D. 1834 & in the year of the Commonwealth the 43rd
Samuel Endecott
Clerk of the Court of Harrison County