Revolutionary War Pension and Bounty Land Warrant Application File S. 32,234, John Ellis, Va.
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(8-1776)
SERVICE
Va. 
Ellis, John
NUMBER
S. 32,234
1773 to 1783
CONTENTS
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Illinois 29, 031

John Ellis
__ in the State of __ who was a __ in the Company commanded by Captain Cook of the __ commanded by __ in the ___ ___ __. 2 __ for $80.00

Inscribed on the Roll of Illinois at the rate of 80 dollars cents per annum, to commence on the 4th day of March, 1831.

Certificate of Pension issues the 23th day of Feb 1831.

Arrears to the 4th of Sept 1833 200.00
Semi-ani. allowance ending 4 Mar '34 40.00
$240.00

Revolutionary Claim, Act June 7, 1832.
Recorded by J.T. Sprague Clerk,
Book C Vol. 8 Page 5b
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Declaration in order to obtain the benefits 
of an act of Congress passed the 7th day of 
June 1833.

State of Illinois
County of Union} Ss.

On this day this  ___ day of October A.D. 1833, personally appear-ed in open court(s?) before the Hon. T.C. Brown Judge of the third Judicial of the State of John Ellis, a resident of said County and State aforesaid, aged 98, who being first duly sworn, according to Law, doth on his oath make the following Declaration, in order to obtain the benefit of the act of Congress passed the 7th day of June, A.D. 1832. That he entered the service of the United States under the following named Off-icers and served as herein stated. That he was Born in Frederick County Virginia, on the 9th day of March 1733. But has no record of his age though he believes it to be on record in [?family Bible record, maybe?] Cunnigen? Chappell? Frederick County Virginia. He? resid-ed in said county till sometime in the year 1760. When? he removed Augusta County Virg-inia (since called Greenbriar) in which county September/sometime? in the year 1773, by the appointment of General Andrew Lewis he entered into the Indian Spy service for which he was to receive one dollar per day (but has never received one cent.) and remained in that service until the declaration of Independence of the United States in 1776. The Shawnee Indians annoyed the settlements in Greenbriar and his services could not well be dispensed with ?nor? on that momentous occasion, was unwilling to fight in the cause? of freedom, and continued his services under the command of
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Colonel Samuel Brown, Capt. John Cook. [illegible] - John McNeal Ensign John Day. Stationed at Ellises Fort. situate, in Greenbriar County in the little Levels and served as spy to said fort. during the ^Revolutionary [crossed out] Revolutionary & Indian Revolution & Indian war. in service he was engaged in several skirmishes with the Shawnee Indians that he never Ra[illegible] many of the Regular Officers of the Revolution, owing entirely to his being so far removed from the [illegible] British and American Armies, having been engaged solely as an Indian spy no British army during the Revolution having [illegible] ^ [illegible} Mountains. But recollects to have seen General Washington ^ Brigadier Genl [crossed out] Morgain and Col. Zechariah Morgan, he further states. That being engaged in the spy service at the time of the Declaration of Independence he dates [crossed out] his entry into the service of The United States on the 4 day of July 1776 under the before mentioned officers. Concluded his service as - the ^[illegible] Revolutionary war. sometime ^month of November in the [crossed out] 1783 [crossed out] when he left the service [illegible] but was frequently called on afterwards to defend the frontiers of Virginia against the Indians for the term of two years afterward when the Indians ceased to [illegible] the settlements. That's in the year 1776 he served 12 months. in the year 1777 he served 12 months in the year 1778 he served 12 months 
[smear] the year 1779. he served 12 months in the year 1780 he served 12 months. in the year 1781.  he served 12 months. in the year 1782 he served [smear] 12 months in the year 1883 [1783] he served 10 months. as Indian sp[cuts off]
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making in all seven years and 10 months. That when he quit the service of the United States he did not receive a discharge nor nor can he now state the precise cause of his not [illegible] for Indian [illegible] [crossed out] receiving one except the death of Genral [General] [illegible] [crossed out]. That he continued to live in Greenbriar County Virginia after the close of the Indian, [crossed out] war 14 or fifteen years where he remaned [remained] to East Tenn [cut off] [illegible] where he resided for years and moved to Kentucky where he resided 6 years and movd [moved] from Kentucky to West Tennesee [Tennessee] where he resided 32 years from which last place he moved to Gallatin County, Illinois where I resided one year from which last mentioned [illegible] he moved to Union County Illinois where he now resides. he further states that he knows of no one by whom he can prove his services in the Revolutionary war who is now living. The [illegible] relinquishes every claim to any pension or annuity [cut off] [illegible] except the present and declares that his name is not on any pension roll of any agency of any state. John Ellis [signed] hereunto and subscribed the day and year last aforesaid 
M[illigible] clerk
And the said Court do surely declare their opinion that the above named applicant was a revolutionary soldier, and served as [crossed out] Indian Spy as he states. 
I Winstead Davie Clerk of the Circuit Court of Union County state of Illinois do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of ^ the appli [cut off]
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cation of John Ellis for a pension We [crossed out] Daniel Spena - a clergyman residing in the county of George Thunsaker residing in the county of Union ^state of Illinois and George [illegible] ^a city in residing in the
same County & state aforesaid hereby certify tha [cutoff] [illegible - we?] are well acquainted with John Ellis who has subscribed and sworn to the above declaration that we believe him
 ^from the information of [illegible] men of an [illegible] to be ninety Eight years of age [illegible] he is reputed and believed [illegible] the neighbor [illegible] and where he resides to have been a been a soldier of the revolution, and served as an Indian spy as he served [crossed out] states: and ^that we concur in that opinion servant and subscribe the day and Daniel Spena year aforesaid
W Davie clerk
George Thunsaker
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 in as a Revolutionary Soldier and served as he states And the court further certifies that it appears to them that [illegible][smeared] Spena who has signed the proceeding certificate is a clergyman resident in Union County Illinois And that George Thunsaker who has also signed the same is a resident of the same county and State he aforesaid and is a creditable person and that their statement is entitled to credit
I Winstead Davie clerk of said court do hereby certify that the foregoing contains the original proceedings of the said court in the matter of the application of John Ellis for a pension
In testimony whereof I have [illegible - hereunto?] set my hand and seal of office the 31 day of Oct 1833
Winstead Davie clerk
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Interrogatories
1st    Where and in what year were you born?
Ans.   I was born in Frederick County Virginia in the 
year A.D> 1735.
2nd    Have you any Record of your age?
Ans.    I have in my papepian none and of my age it is on record in the Bible of Cunnigem Chapple [Cunningham Chapel] Frederick County Virginia
3rd    Where were you living when called into service where have you lived since the Revolutionary war and where do you now live?
Ans.    When I was called into service I lived in Greenbriar County Virginia since that time I have lived in East Lenneper Kentucky West Lenneper, and now live in Union County state of Illinois.
4th    Then were you called into service were you drafted, did you volunteer, or were you a substitute and if a substitute for whom?
Ans.    I volunteered at the request of Gen. A Lewis
5th     State some of 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 service
Ans.    The officers I served under were the Officers of Elliases Station (Vir) Col. Samuel Brown Capt John Cook Lieut John McNeal Ensign John Day; I entered the service at the request of Gen'l Lewis being represented to him as an expert woodsman, I accordingly did so and was employed in scouting through the back woods of Virginia and was employed several times in carrying dispatches to the Backwoods Stations.
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6th    Did you ever receive a discharge from service
Ans.   I never received any discharge from service Gen A Lewis died before the close of the war I did not know to who to apply to; nor did I then think that it would ever be nesepary for me to have a discharge for the purpose of establishing my claims as a pensioner I then little dreamed of want; such as age and informity produces. I quit the service when hostilities ceased
7th    Name the persons to whom you are known in your present neighborhood who can testify as to your character for veracity and their belief as to your service as a soldier of the Revolution as an indian spy.
Ans.   Daniel Spencer a clergyman. George Hernserker a citizen of s'd county & State also Joseph Edwards whom I knew in East Lenneper  35 years ago. with many others.
Joseph Edwards, a citizen of Union County state of Illinois being duly sworn deposes and says that he knew John Ellis in East Lenneper, for five years (niy) from 1793 to 1798. since that time he has not seen him untill some time last fall. That when he knew him in East Lenneper he ws then reputed and esteemed to  have been a soldier of the Revolution & served as an Indian spy.  Sworn to and subscribed Joseph {X} Edwards this day and year [illlegible] mark
and the court further certify that Joseph Edwards is a citizen of the count of Union State of Illinois, and is a creditable person and that his statement is entitled to credit.
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I Winstea Deure Clerk of the Circuit Court in and for the County of Union State of Illinois do hereby certify that the foregoing contains the original proceedings in the motion of the application of John Ellis for a pension.
Given under my hand and seal of Office this 31st day of Oct 1832.
W Deure clerk
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REVOLUTIONARY WAR RECORDS SECTION.
3-525
DEPARTMENT OF THE INTERIOR, BUREAU OF PENSIONS. WASHINGTON, D. C., _____, 19__
S32234
In reply to your request of ____, received ____ for a statement of the military history of John Ellis a soldier of the REVOLUTIONARY WAR, you will find below the desired information as contained in his (or his widow's) application for pension on field in this Bureau.
[column headings: DATES OF ENLISTMENT OF APPOINTMENT, LENGTH OF SERVICE, RANK., OFFICERS UNDER WHOM SERVICE WAS RENDERED., STATE.
1773 to Nov. 1783. Indian Spy. appointed by Gen Andrew Lewis and served at Ellis Fort in Greenbrier County Va under Capt John Cook Col Samuel Brown.
Battles engaged in, in several skirmishes with Shawnee Indians
Residence of soldier at enlistment, Greenbrier Co. Va
Date of application for pension, Oct. 31, 183_ His [illegible] al
Residence at date of application, [illegible] Co. Ills.
Age at date of application, [illegible] Frederick Co. Va. Mar. 9, 1733 or 1735
Remarks: After the war he resided 6 yrs in Ky There is no date on file as to his family
The only on of Va + Ky
Respectfully, Commissioner.
Died May 29. 1834 Agency [illegible]
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Washington City Feby 2. 1839 [illegible] Enclosed I send you the papers of John Ellis of Franklin County, Illinois, who is an applicant for a pension as a Revolutionary Soldier - Will you please examine his proof and favor me with a reply at your earliest convenient opportunity. I am very Respectfully your Obt Servt Richard M Young
James L Edwards Esq Comr of Pensions Washington City
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[illegible] October 30, 1939. 
XXXXXXXXXXXX 
Mrs. R. E. Matthews 
McClure
Illinois
EA-J/ady
John Ellis
S. 32394
Dear Madam: Reference is made to your letter relative to soldiers of the Revolutionary War. The Revolutionary War records of this office fails to show a claim for pension or bounty land on file on account of the services in that war of Joseph Hunsaker, all spellings of the names searched. This office has no further information in regard to John Ellis, S.32234, Revolutionary War soldier, than that which was furnished you January 27, 1930. Very truly yours A. D. HILLER Executive Assistant to the Administrator
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January 27, 1930
Mrs.R.E.Matthews McClure Illinois 
Dear Madam: 
I advise you from the papers in the Revolutionary War pension claim, S.32234, it appears that John Ellis was born March 9, 1733 or 1735, in Frederick County, Virginia.
About 1760 he moved to Augusta County (the part later called Greenbrier County), Virginia and in 1773 was appointed by General Andrew Lewis to serve as Indian Spy which duty he performed at Ellis Fort until the declaration of independence, then continued service as Indian Spy under Captain John Cook and Colonel Samuel Brown at Ellis Fort until in November, 1783 and was in several skirmishes with Shawnee Indians. 
After the Revolution he was frequently called upon during a period of two years to defend the frontiers of Virginia against the Indians. 
About fifteen years after the Revolution he moved from Greenbrier County, Virginia to East Tennessee, thence to Kentucky, thence to West Tennessee where he lived thirty-two years, thence to Gallatin County, Illinois. 
He was allowed pension on his application executed October 31, 1833 while living in Union County, Illinois. 
He died May 29, 1834. 
There are no data as to his family. 
Very truly yours 
EARL D. CHURCH 
Commissioner.
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[illegible] Rev.&1812 Wars Section July 6, 1927
Mrs. Flora Elrod 
272 North Belleview Place 
Indianapolis, Indiana 
Madam: I have to advise you that from the papers in the Revolutionary War pension claim S. 32234 it appears that John Ellis was born March 9, 1733 or 1735 in Frederick County, Virginia. 
About 1780 he moved to Augusta County (the part later called Greenbrier County), Virginia and in 1773 was appointed by General ^Andrew Lewis, and served as Indian Spy at Ellis' Fort under Captain John Cook and Colonel Samuel Brown until in November 1783; was in several skirmishes with Shawnee Indians. 
About fifteen years after the Revolution he moved from Greenbrier County, Virginia to East Tennessee, thence to Kentucky, thence to West Tennessee where he lived thirty-two years, thence to Gallatin County, Illinois. He was allowed pension on his application executed October 31, 1833 while living in Union County, Illinois. He died May 29, 1834. 
There is no data on file as to his family, Respectfully, 
WINFIELD SCOTT 
Commissioner.
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McClure Illinois October 14 - 1939 Commissioner of Pensions 
Washington. DC.
Dear Sir -
 I wish the record in the Revolution one John Ellis - born 1738 or 1735 in Frederick County Virginia. He was an Indian spy - appointed by Gen. Andrew Lewis - served at Ellis Fort under Capt John Cook - lived for a time in Gallatin Co. Illinois - later came to [illegible] Co. Ill. where he died 29th May 1834. He was [illegible].
Also I wish the record of one Joseph Hunsaker - in the Revolution, Descendants give different dates for his birth - probably 1761 is correct but in one line of descent date is given as 1764. He was a son of John Hunsaker and Magdalina Bing. and was probably born in Lancaster county Va [crossed out] Pennsylvania. His wifes name wer Margaret (Stevenson [illegible] Stinson) In 1792 Joseph resided in Christian county Kentucky and died in Adams county Illinois 25th Sept 1844.
Respectfully - 
Mrs R. E. Matthews
RECEIVED OCT 16 1939 MAIL SUB-DIV Reader No. 22 VETS ADM [stamp]
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McClure, Illinois Dec, 10th 1929. 
REVOLUTIONARY & 1812 WARS SECTION DEC 12 1929 BUREAU OF PENSIONS [stamp] Commissioner of Pensions- Washington D.C. Please give me a copy of record of the following named persons who served in the Revolution.
John Ellis. born Virginia 1735 served with Capt. John Cook at Ellis Fort - also was a spy among the Indians throughout the Revolution. came to Union County Ill. died. 1834. pensioned John Reynolds - ^all [illegible] -of Mayland [Maryland] - probably Hagerstown received a warrant for bounty land - was killed by Indians when in Kentucky to locate his land. family captured by Indians - taken to Canada and later ransomed or exchanged and returned to Hagerstown Maryland. Jonas Bunch lived in Virginia served in Revolution William Skiles lived in Maryland - also served - after the war settled in Green County Tennessee.
Very truly 
Mrs. R.E. Matthews
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539. W. South Grand Ave -
ECC [stamp] Springfield Illinois -
Rev Sec H, [marked]
To- The Commissioner of Pensions, 
Washington D.C.. 
Dear Sir:- 
I desire very much to obtain the record of the service of our John Ellis, a Rev - soldier from Virginia. and who later resided in Union Co Ill's - Can you furnish this record, to me? Thanking you for your kind attention. I am 
Truly yours -
Edith C. Colville 
( Mrs R. W. )
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Revy INVALID
2234
File No. 32,234
John Ellis
Pri Rev War
Act June 7th 32
Index:-Vol. 2 Page 124
[Arrangement of 1870.]

1913. Sept. 24 Hist to 
Mrs. Wm Lindsay aw
1915 Sept. 22. Hist. to Mrs. R.W. Colville [cent sign]
1927 July 6 Hist.  to Mrs. 
Flora Elrod , Her letter in ch. 
of Wm Ellis W.709s MMH
----------------------
1930. Jan 27. Hist. to Mrs. R.E. Matthews MMH/Erch
------------------
1939 Oct. 30. Mrs. R.E. Matthews
adv, no further inf. etc. ADY
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POSTAL TELEGRAPH-CABLE COMPANY NIGHT LETTERGRAM POSTAL [Illegible] NIGHT LETTERGRAM COMMERCIAL CABLES [stamp]
THE POSTAL TELEGRAPH-CABLE COMPANY (INCORPORATED) TRANSMITS AND DELIVERS THIS NIGHT LETTERGRAM SUBJECT TO THE TERMS AND CONDITIONS PRINTED ON THE BACK OF THIS BLANK. CLARENCE H. MACKAY, PRESIDENT. RECEIVED AT | DELIVERY NUMBER
4.278 32-bm hf 50 NL 
Frankfort Ky Sept 22-13 485
Hon E C Tieman, 
Acting Commissioner Pensions Dept of Interior, Washington DC Was disappointed in securing needed information for descendants. Will you be good enough to send any information regarding revolutionary pensions for John Ellis at Virginia and Kentucky and for Jane Shelton including all family data. It is necessary to secure information W8716 [marked] by a certain date is our reason for haste. 
Mrs Wm Lindsay. 
252a
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Your obedient servant, 
JAMES L. EDWARDS, 
Commissioner of Pensions.
29.446.
John Ellis Illinois 
[illegible] [crossed out]
Adm 2 years $80 
C. Slade 
Hob F. Casey [crossed out]
Ho of Rep
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WAR DEPARTMENT, Pension Office, 7th Feby [illegible]834 
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 shew [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, shewing the service of John Ellis
[column headings: Period when the service was rendered. Duration of the claimant's service. Rank of the claimant. Names and rank of the Field officers under whom he served. Age at present, and place of abode when he entered the service. Proof by which the declaration is supported]
98 years Virginia. Traditionary

I am, respectfully, Your obedient servant, 
JAMES L. EDWARDS, 
Commissioner of Pensions.
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2 REGULATIONS UNDER THE ACT OF JUNE 7, 1832. 
The following regulations have been adopted: This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army, and to include under the terms "Continental Line," "State troops," "militia," and "volunteers," all persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, &c., Teamsters, Boatmen, &c. Persons who served on board of private armed vessels are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service. 
Four general classes of cases are embraced in this law: 
1. The Regular Troops. 
2. The State Troops, Militia, and Volunteers. 
3. Persons employed in the Naval Service. 4. Indian Spies. 
As rolls of the regular troops in the Revolutionary War exist in this Department, all persons claiming the benefit of this law as officers, non-commissioned officers, mucicians [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 } ss. County of 
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 (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 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. [manicule] 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 the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his
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3
alleged service, as they are known at the Department. A very full account of the services of each person will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore. these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County, in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.
The Court will propound the following (m) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.
1. Where and in what year were you born?
2. Have you any record of your age, and if so, where is it?
3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?
4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom?
5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services.
6. To a Soldier. Did you ever receive a discharge from the service, and if so, by whom was it given and what has become of it?
To an Officer. Did you ever receive a commission, and if so, by whom was it signed, and what has become of it?
7. State the names of persons to whom you are known in your present neighborhood, and who can testify 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 they are requested to annex their opinions of the truth of the statement of the applicant.
The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion. If one of these persons is a Clergyman, the Court will so certify, and they will also certify, to the character and standing of other persons, giving such certificates.
The traditionary evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party. And the Courts are requested to be very particular in the 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 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 bis 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 mouths 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 au embodied corps called into service by competent authority that lie 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 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 [j] 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.