Revolutionary War Pension and Bounty Land Warrant Application File S. 18,165, for John H Pond, Virginia
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(3–1776)

SERVICE Va.
Pond, John H.
NUMBER S.18165
carded
CONTENTS
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'-
Let to 3d Aud Dec 11. 1843
Dead
Paid at the Treasury under the
Act 6 April 1838 from 4 Sep
1833 to 14 March 1835. Agent
notified 19 Oct 1844


Virginia 16.958
John H Pond
of So Hampton in the State of Va
who was a Pr. in the ___ commanded
by Captain _____ of the Regt commanded
by Col: Parker in the Va
line for 12 mo: 28 days

Inscribed on the Roll of Virginia
at the rate of 43. Dollars 11th Cents per annum,
to commence on the 4th day of March, 1831.

Certificate of Pension issued the 18 day of Oct. 33
and sent J.R. Gray
Jerusalem, Va.

Arrears to the 4th of Sept 1833 107.77 
Semi-anl. allowance ending 4 Mar: 34  21.55
---
$129. 32
=
{Revolutionary Claim, Act June 7, 1832}

Recorded by Nath: Rice  Clerk
Book E Vol. 6 1/2 Page 28.
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State of
Virginia Southampton County
On this 17th day of Septem 1832 personally appeared
in open court before the Justices of the
Court of Southampton now sitting. John
Hawkins Pond a Resident of the said
County and State aged seventy eight
years who being first 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
June 7th 1832
That he entered the service of the State of Virginia at the time Lord Dunmore quitted Williamsburg under the
command of Capt. Edwin Gray and Lieutenant Benjamin Clement as a volunteer from the County of Southampton, that he served in that tour about six weeks. Was called in the service in the second division, under Capt. Elias Herring marched to Norfolk and remained six weeks. Marched next under Capt Samuel Kells, to Suffolk thence to Norfolk, was present when the British were driven from that place to their shipping- He next enlisted in a troop of horse commanded by Capt. James May and Lieutenant Richard Blow joined Colonel Josiah Parker in Isle of Wight Commanding a troop of Cavalry. Marched next under
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Capt. John Taylor to Petersburg was then under the command of Genl Mulenburg and Major Decloman, commanding the Regiment he served in. That he was in that tour of duty about three months, was at the Battle of Petersburg was marched from Petersburg through Richmond to Culpepper County where he was discharged- That he was afterwards ordered to join the Army at York and being on his way there he was ordered to McKay's mills to cut and saw timber with the other troops from Southampton for the purpose (as he understood) to be used in the the siege at York and that while he was in this employment, Cornwallis surrendered. he was discharged and returned home to Southampton.  As to the different times when he entered the service, the length of the tour of duty, or many of the Officer names, from the lapse of time and the effects of age it is impossible for him to recollect. That he never had a written discharge as it was not customary for the militia in those days to receive them. That he resided in the County of Southampton State of Virginia and always entered the service from that County. That he volunteered first under Capt. Edwin Gray, and once under Capt James Gray and that in
all the other tours, he was called out in the companies or divisions to which he then belonged. that he marched through the Counties of Sussex, Prince George, Dinwiddie, Chesterfield, Henrico, and several above  Richmond names not remembered Charles City, James City, York, Surry, Nansemond, Isle of Wight, and Norfolk, that he has no documentary evidence but that there are several persons now living who know that the greater part of the facts as stated in the above declaration are true as will appear by the annexed certificate That he is well assured that he served nearly three years in the different terms of duty during the Revolution
He hereby relinquishes every claim 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 or
Territory-
Sworn to and subscribed the day and year aforesaid
John H. Pond
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Virginia Southampton County ss
This day personally appeared before us George G G Gray & Jerrymah [sic] Cobb two of the justices of the peace for the county aforesaid, Elias Love of the said county and being duly sworn, deposeth and saith, that he was in the engagement at Petersburg with the said John Hawkins Pond, that he was with him at McKey's Mills, that knew of his being in many tours of duty during the Revolution, that he has heard the declaration of the said John Hawkins Pond read and that he believes it to contain a true statement of his service, that he is satisfied from his recollection that the said John Hawkins Pond, must have served more than two years during the Revolutionary War.  Given under our hands and seals this 23rd day of August, One thousand eight hundred and thirty two-
G. G. G. Gray  J.P. [seal]
Jeremiah Cobbs J. P. {Seal}

We Simon Murfee a Clergyman residing in the county of Southampton and John Urquhart residing in the said county hereby certify that we are well acquainted with John Hawkins Pond, who has subscribed and sworn to the above declaration that we believe him to be seventy Eight years of age; that he is reputed and believed in the neighbourhood where he resides, to have been a soldier of the Revolution and that we concur in that opinion. Sworn to and subscribed the 17th day of September 1832.
S. Murfee
Jno. Urquhart

Virginia Southampton County September Court 1832
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 stated. And the Court further certifies that it appears to them, that, Simon Murfee who has signed the preceding certificate is a clergyman, resident in the said County of Southampton and that John Urquhart, who has also signed the Same is a resident in the Said County and is a credible person and their their [sic] Statement is entitled
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to credit

I James Rochelle Clerk of the County Court of Southampton hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of John Hawkins Pond for a pension In Testimony whereof I have hereunto set my hand and affixed the seal of my office this 18th day of September 1832.
James Rochelle C.S.C

The amended declaration of John H. Pond to the objections by the war department to his original declaration the declarant says as to state the particular year at which he served under the aforenamed persons it is impossible but he can say that he served under capt Edwin Gray in a town on James River to Williamsburg at the time that Lord Dunmore ran away under capt Henning to Norfolk and under capt Richard Bailey at Suffolk & in the county of Nansmond [sic] under capt Samuel Kellow on black water in the County of Isle of Wight under capt James Gray at Suffolk & Norfolk under Capt Parker town not recollected  under capt John Taylor at Petersburg & with the Regular officers aforementioned in the original declaration, he always served as a private in the militia service and is confident he served in different towns during the war nearly or quite three years & the annexed certificate of Elias Love & William Oney will in part prove the service of the applicant That he was born in Southampton County State of Virginia on the 15th of July 1755 and has a
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Record of his age now in his possession and has always resided on The place he has born in the county of Southampton and where he expects to be buryed sworn to & subscribed before me at Jerusalem This 12th of June 1833 as witness my hand &  
Benj Griffin {seal}
John H. Pond

This 12th of June 1833 Personally appeared before ^ me at Jamestown William Oney aged 71 years & Elias Love aged 81 years and made oath before me according to Law that they were in the service in the Revolutionary war with John H. Pond. Elias Love with him at Petersburg at McKeys mills at Norfolk at Jericho near Suffolk.  William Oney served with him at Williamsburg at Petersburg, Richmond and Elias Love with him at Babbs old field in Nansemond county but under what particular officers at the above stated places from time & loss of memory tis impossible for them to state [words crossed out]
 sworn to & subscribed before me this day & date above -
 Benj Griffin {seal]
  William Oney
  Elias Love his X mark
and I Benjamin Griffin a justice of the peace for the county of Southampton do hereby certify that the above mentioned William Oney & Elias Love are men of Respectability & entitled to the fullest credit given under my hand & seal this 12th of June 1833.
  Benj Griffin J Peace
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State of Virginia, Southampton County to wit
I James Rochelle Clerk of the County Court of Southampton in the State of Virginia do hereby certify that Benjamin Griffin Esq. who has signed his name to the preceding certificates is and was at the time the said certificates bear date an acting Justice of the Peace in and for the County and State aforesaid duly commissioned and qualified to said office according to the constitution and Laws of said State-
In testimony whereof I have hereunto set my hand and affixed the Seal of my office this 28 day of June 1833.
James Rochelle  CC
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GIDEON, PRINTER

TREASURY DEPARTMENT
SECOND COMPTROLLER'S OFFICE
Dec. 14th, 1843

Sir:
Under the act of the 6th of April, 1838, entitled "An Act directing the transfer of money remaining unclaimed by certain Pensioners, and authorizing the payment of the same at the Treasury of the United States," and the third section of the Act of August 23, 1842, extending the time within which pensioners may receive their pensions from the pension agents, The Executor of John H. Pond, dec'd, a Pensioner on the Roll of the Richmond, Va Agency, at the rate of Forty three Dollars and 11 Cents per annum, under the law of the 7th June 1832, has been paid at this Department, from the 4th of Sept. 1833, to the 14th March 1835.
Respectfully, yours,
Albion K. Parris
Comptroller
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14220
John Hawkins Pond
 Va
Admitted
Private
12 mo 28 days
 8.43.11

5
[Int. 1.2.  May 1st'33 - P 366: crossed out]
1 Augt 33
 J.R. Gray
[J. Rochell Southampton Co - crossed out]
 Jerusalem Va.
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BRIEF in the case of John Hawkins Pond
County of Southampton in the State of Virginia
(Act 7th June, 1832.)

1. Was the declaration made before a Court or a Judge:  In open Court
2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity? [blank]
3. How old is he:  78 years
4. Sate his service, as directed in the form annexed.
[Chart with four columns entitled:]
Period. | Duration of Service. | Rank. | Names of General and Field Officers under whom he served.
[Entries]
-volunteered | about 1 month 14 days | Private | Gen. Mulenburg
-was called into service | 1 month 14 days | Private | Capt Gray Lieut Clements
-Enlisted in a troop of horse | about 3 months, he is well assured that he served nearly three years | Private | Capt Herring Capt Kello Capt J Gray Col Parker Capt Taylor
5. In what battles was he engaged?  Petersburg
6. Where did he reside when he entered the service?  Southampton Va.
7. Is his statement supported by living witness, by documentary proof, by traditionary evidence, by incidental evidence, or by the rolls?  Living witnesses & 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. 
John L. Watson, Examining Clerk.
18th Febry 1833
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P
18165
INVALID
File No. 18165
 John H Pond
 Pri Rev War
Act: June 7th 32
Index: - Vol. 1, Page 301
 [Arrangement of 1870]
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John H Pond
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BRIEF objections to the admission of pension Claims, of which those answered in the negative, in red ink, will apply to the claim of John Hawkins Pond which require further proof or explanation.
1. Does the declaration show where the applicants reside?  yes
II. Did the declarant make the declaration in the county where he resides?  yes
III. If the applicant did not make the declaration in the county where he resides, is there any reason assigned for his not doing so?
IV. Has the declarant mentioned the period or periods of the war when he served? Not with precision.
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 amout (amount) of pension he is entitled?  No
VI. Has he given the names of the officers under whom he served, in conformity with the regulations?  Yes
VII.  Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832?  yes
VIII. Has the Court given their opinion?  yes
IX. Has the Clerk given his certificate?  yes
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?  yes
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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?  yes
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. * 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?  yes
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 to the official character and signature of the magistrate as the regulations direct?  yes
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?  yes
XVI. ** Are the papers authenticated as the regulations direct?  yes
XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And if not, which of them is not so answered? No, 1st & 2nd and part of the 8th, does not state where he has lived since the war.

EXPLANATORY NTOES.
* 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.
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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 shewn 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.
*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 the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
** 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 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.
(hand pointing right) 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. 
The applicant must specify he knows as at pointed out
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J.L. Edwards, Esqr
 Washington City
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Jamestown Sept 17th. 33
J.L. Edwards C.P.
 Sir
 Herewith are returned The statements of E. Love & others as to the time they can recollect of the services at different tours in the Revolution, The nature of their service from what I can learn & from what I have always understood was of a very harassing kind, although the militia of this part of the country were  not in many engagements with the enemy - They were constantly called out to guard the country laying on the James & Nansemond & other Rivers and watching the motions of the enemy  I find that the applicants when they attempted to tax their recollections with dates &  particulars are very often incorrect & from my personal knowledge of them being a citizen of this county myself & having known them all my life  I am
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satisfyed it procedes from age & infirmity as most of them are compleatly [completely] und[er] the [effect - crossed out] influence of age & its natural incidents if the amended statement is satisfactory
I would thank you to forward their certificates as soon as convenient as I should then know how to proceed with others which you have returned to me yr [your] complyance will oblige
  Yr Friend & obt Svt 
  J.R. Gray
   
P.S. in transacting the above business for these old men I receive from them neither directly nor indirectly any compensation whatever  I commend it for them & wish to compleat it as I think they are entitled or I would not interest myself for them -
  J.R. Gray
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Statement of John H. Ponds service as a private in The Militia service of Virginia during the Revolutionary war
[Table]
Name of officers under whom applicant served & in what years - | Place or places where service was performed| Corps served with, and whether in field or garrison, & authority called out by | not employed in any civil pursuit | Length of tour

Capt. Edwin Gray & Lieut Benjamin Clements | In the City of Williamsburg | with vollunteers at the time of Lord Dunnons escape, called out by publick authority & commanded by General Scott | no civil pursuit for the time of service | Six weeks

Capt. Elias Hening | In the town of Norfolk & its vicinity | with militia called in to service immediately after the burning of Norfolk the American troops then under the command of Col Josiah Parker | no civil pursuit | Six weeks

Capt. Samuel Kellow | In Suffolk & the adjacent country & at Norfolk | With the militia of the State | no civil persuit | Six weeks

Capt. James Gray & Liet. Richard Blow | I The county's of Isle of Wight & Nansemond guarding the rivers & highways | With a Troop of cavalry commanded by Col Jonah Parker | no civil pursuit | Six or eight weeks

Capt. John Taylor | at Black water Bridgeat Cablin point on James River at Petersburg Richmond & the county above Richmond | with the militia of the county except at Petersburg There with General Mulenberg when the place was attacked by the Brittish | no civil pursuit | Three months

Capt. Richard Bailey | at Blackwater Bridge & in the county of Isle of Wight in [illegible]ing party, watching the enemy's moves & in Nansemond | with the militia of the county Col Benjamin Blunt commanding | No civil pursuit | Six weeks

Capt John Simons | at Cablin Point in Surry county & at Surry Courthouse | with the militia, guarding the Rivers & highroads. looking out for the enemy. The militia called out by public authority. | no civil pursuit | Six weeks

Capt. Jesse Whitehead | In the county of Surry on James River & at McKeys mill in Isle of Wight | with the embodyed militia of the country | no civil pursuit | five weeks

N.B. The different tours are not stated in succession as they occurred as tis impossible for the applicant to arrange them in succession. 

The applicant from laps of time & infirmity cannot state with particularity anything further as to the tours he served but is positive as to the above, but cannot state the years he was in each town, he never was in Garrison & when in service always as a militiaman he was running from place to place when in search of the enemy, pursuing them or, pursued by them, he was in many tours of duty that he cannot now recollect the particulars of with such precision as to conform with the requisites of the war department but for the time as above stated he is certain and says that is Thirteen months and a half
[sig]  John H. Pond
This day John H Pond personally appeared before me a justice of the peace for the county of Southampton and subscribed & made oath to the surety of the above statements 
Given under my hand & seal this 14th day of Septem'r in the year 1833
Silas Summerell  J. P.  [drawn seal]
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State of Virginia
Southampton County to wit
 I James Rochelle Clerk of the County Court of Southampton in the State of Virginia do hereby certify that Silas Summerell Esqr. who has signed the within certificate is an acting Justice of the Peace for the County and State aforesaid duly commissioned and qualified according to the Constitution and Laws of the said State.
In Testimony whereof I have hereunto set my hand and affixed the seal of my office this the 18th day of September 1833 -
  James Rochelle Clk