Revolutionary War Pension and Bounty Land Warrant Application File R. 2,244, John Conaway, Penn. Va.
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(3-1776)
SERVICE
Penn. 
Va.
CONTENTS
Conaway, John or Conway
NUMBER
R.2.244
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State of Virginia } SS
Lewis County}
On this 19th day of August A.D. 1833 personally appeared in open court before the Justices of the County Court of Harrison County now sitting John Conaway a resident on the line between Monongalia and Harrison Counties in the State of Virginia aged 71 years who being first duly sworn according to law doth on his oath make the following declaration in order to obtain the benefit of the act of Congress of the 7th of June 1832. That he entered the service of the United States under the following named officers and served as herein stated
That in the year 1779 (as he now thinks he volunteered under Captain Higgins on Big Cape Capon in what is now Hampshire County Virginia in a
company of Virginia Militia to go on Tour against the Indians on the north
side of Ohio river. He was marched to what was then Beeson Town (now Union Town in Pensylvania. [Pennsylvania] Thence to Pittsburg thence down the Ohio river on to some point at or near Musking.
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[illegible] river. Thence out to the Indian Towns some distance from the Ohio ever, he cannot now remember the waters it was on (but thinks it was Sciota,) nor can he remember the name of the tribe of Indians but thinks it was the Shawnees he distinctly remembers, when the troops arrived the warriors ware [were] gone and the Virginia troops Militia and
others took the Squaws prisoners and cut down all their standing corn  which grew in different places This he thinks was in August. They were at
many places in the Indian County and in the fall of that year they returned to Pittsburg with their squaws and Indian children probably in October. The troops started from home in March and returned at Christmas of the same year 1776. having been engaged and absent on duty nine months. Then again in 1779. He was drafted to go a tour on the western waters. started in June 1779 to perform a tour of six months in the Virginia Militia. He started under captain Wiggin a militia officer was marched to Pittsburg in Pa there joined the command of General McIntosh [illegible]
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the Ohio river to the mouth of Big Beaver creek there built a fort called fort McIntosh in honor of their General who was a Scotchman. continued there till about Christmas experienced great difficulties from scarcity of rations. Here a serious difference arose between General McIntosh and Captn [Captain] Wiggins who resolved to hunt with his command for the relief of his and the other soldiers Genl. McIntosh thought it wholly inexpedient. refused the captain his assent put the captain in confinement The troops left the station about the month of December and returned
home affiant was discharged at Christmas having been in service six
months the term of his draft both this and his other discharges were
verbal for in both cases he returned home under his captain. He then
removed to Pensylvania [Pennsylvania] to what is now Bedford County and in the Spring of 1780 he was ordered out by Col. George Woods as an Indian spy under Captain McCall spied in Bedford
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County Pa. from March 1780 till some time in December 1780 under Capt [Captain] McCall on the waters of Juniata sometimes on Race [illegible] branch sometimes at and near a place afterwards called Frank Town. Captain McCall with a large portion of his company and a another captain with a company of Pensylvania [Pennsylvania] Militia were slain
in a battle with the Indians He happened to be absent, said to the settlement on duty at the time. He was not in the battle but he was one of the first on the ground to take up the slain and aid in burying them. There were but 16 of the two companies left but what was slain and those mostly absent on duty. He helped to bury the dead and pursued the Indians but the Indian forces augmented to about 600 and the troops had to retreat. He was discharged at Christmas. [Then in 1781 crossed out] He was a this season engaged as an Indian spie [spy] nine months then in 1781 He was drafted to go a tour of [illegible] in the Pensylvania [Pennsylvania] militia. He was marched
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to a place on Jemiata near where Bedford Courthouse now stands. He he has forgotten the name of his captain. He remembers the sergeants name was Beatty. In this campaign he and the troops (Pa.Ma.) built a fort around the houses of Ashly and Woods and then acted as Indian spies. The residue of their tour of three months to wit from March 1781 till June 1781. Then again in June 1781 he was ordered out by Col. Woods as an Indian spie under Segeant Beatty for three months. He spied mostly in Bedford County from June 1781 till October 1781. He was discharged then in March 1782 as well as he can recollect. He was again ordered out by Col. Woods as an Indian spie for three months in Bedford County under Captain ____. He cannot now remember the names of any officer except his brother Thomas Conaway who was the orderly sergeant. He spied from March 1782 till June and was dis-
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charged verbally. Then again in June 1782 he volunteered his services at the request of Col. Woods to act as an Indian spy for three months. He was then ordered to spy from Bedford fort to Franks Town a distance of from 70 to 100 miles mostly a wilderness. They spied up to Franks Town found it deserted could get no provisions were compelled on their return to kill game for subsistence contrary to their general orders which was not to shoot except at Indians. He does not remember the names of captains or Lieut. This tour his [illegible] brother Thomas was segeant again. He continued this tour from June 1782 till October and was discharged this last tour was for three months. He was verbally discharged by his Colonel Geo. Woods. To recapitulate he acted as nearly as he can now recollect the tours set forth above to wit from March 1776 till Christmas of that year. Then again from June 1779 till December 1779. Then again in Pa. as an Indian Spy from March 1780 till De-
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cember 1780. Then again in 1781. He was drafted, served three months from March 1781 till June 1781. Then again in June till October [illegible]. Then in March 1782 till June 1782. Then as a volunteer from June 1782 till October 1782. In all not less than three years as a private militia man and Indian spy from 1776 till 1782. He never obtained a written discharge. He cannot remember the names of regts. or Genl. or field officers except his own and not many of them. He was very young when he started and the great lapse of time together with a decayed memory have conspired to derive from his recollection the scenes of his youth and many of the occurences of the war. He remembers such things only as made a strong impression at the time. He remembers amongst the slain of captain McCalls men or soldier named Diegan who was dreadfully mangled a stake drove through his body into the ground. The appearances in the weeds showed plainly that
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more than Deigan had met death there. He was a brave and robust man. We concluded that he had killed several Indians before he fell. We however found no dead Indians. It was the Indians customs to conceal when they could their dead. Being victors in this occasions they had  done so. Affiant has no  documentary evidence. He knows of no person whose testimony he can procure who can testify to his services. There is no clergyman residing near him.
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.
Sworn and subscribed to this day and year aforesaid.
John Conaway




+
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The court propounded to declarant the sworn several interrogatories prescribed by the war department to which he gave the following answers viz.
1st. That he was born on the 6th of October 1762 according to his parents account given to him.
2nd. That he has no record of his age.
3rd. He lived in Hampshire now called Virginia in his first and second tours then he removed to Pennsylvania, continued there till 1815 when he returned to Virginia to Morgantown. [illegible] to the line between Monoryalia and Harrison counties where he now
4th. That he volunteered first then drafted then again in Pa. was ordered out as an Indian spiy then drafted three months then ordered out as a spy again. Then again ordered out as an Indian spy. Then volunteered as an Indian spy.
5th. He remembers General McIntosh. He served many field officers whose names
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5th. He was young. He remembers three of his captains. Higgins. Wiggins and McCall which last was slain as aforestated. He distinctly remembers his Pa. Col. George Woods. He does not remember the names of regts. or corps. He serve at Pittsburg in 1779. Virginia and Pennsylvania troops continental state troops & militia. He thinks he then heard that a man named Gibson commanded at Pittsburg he does not remember his name nor does he remember that he ever saw him.
6th. He recd. seven verbal but no written discharges. The last verbal discharge was by Col. Woods.
7th. He is known in his neighborhood to William McRae and Daniel Arnett. They can testify as to his character for veracity and their belief of his service as a soldier of the revolution. There are no clergyman residing near him.
John Conaway
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We William McRae and Daniel Arnett residing in Harrison county in the state of Virginia hereby certify that we are well acquainted with John Conaway who has subscribed and sworn to the above declaration. That we believe him to be seventy one years of age. That he is respected and believed in the neighborhood where he resides to have been a soldier of the revolution and that we concur in that opinion. Subscribed and sworn the day and year aforesaid.
William McRae - X his mark
Daniel Arnett

And the said court [illegible] hereby declare their opinion after the investigations of the matter and after putting the interrogatories inscribed 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 William McRae and Daniel Arnett who have signed and sworn to the preceding certificate are resident citizens of Harrison county that they are credible persons and that their statement is [illegible] to credit. The court further certifies that it appears to them that there are no clergyman residing near the applicant.
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I David Davisson Clerk of the County Court of Harrison County do hereby certify that the foregoing contains the original proceedings of the said court in the matter of the application of John Connaway for a pension.
In testimony whereof I have hereunto set my hand and seal of Office this 19th day of August 1833.
D. Davisson C.H.C.

Report to Jonathan Wamsley at Weston Lewis County Virginia
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28.451
John Conaway
Virginia

J. Wamsly
Weston, Lewis County, Virginia
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War Department, Pension Office
24th Nov 1833
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 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 Conaway

Period when the service was rendered. 1776
Duration of the claimant's service. 
Years. 9 Months. Days.
Rank of the claimant. Priv.
Names and rank of the field officers under whom he served. Cap. Higgins
Age at present, and place of abode when he entered the service. 71 years. New Hampshire County Virginia
Proof by which the declaration is supported. Traditionary

Period when the service was rendered. 1779
Duration of the claimant's service. 
Years. 6 Months. Days.
Rank of the claimant.
Names and rank of the field officers under whom he served. Gen McIntosh
Age at present, and place of abode when he entered the service.
Proof by which the declaration is supported.

Period when the service was rendered. 1780
Duration of the claimant's service. 
Years. 9 Months. Days.
Rank of the claimant.
Names and rank of the field officers under whom he served. Cap. McCall, Col. Woods
Age at present, and place of abode when he entered the service.
Proof by which the declaration is supported.

Period when the service was rendered. 1781
Duration of the claimant's service. 
Years. 3, 3, 3 Months. Days.
Rank of the claimant.
Names and rank of the field officers under whom he served. Col. Woods Penn Militia
Age at present, and place of abode when he entered the service.
Proof by which the declaration is supported.

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 ben 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 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 of 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 Clergy man, 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 is appears to them that A. B. who has signed the preceding certificate is a clergyman, resident in the and the 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 corroboration 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 Milita 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 who? 
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 or 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 represent, 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 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 of 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 particular 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 office, 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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John Conway - Virginia
Rejected
Let 21 Mar: 35. T.P. Ray.

22XX
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Cash $2.05 from
W.H. Conaway
Box #452
Fairmont, [illegible]
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(MF 42)
Date March 30 1923
Names John Conaway or Conway No. R2244
Res. War
Photographic copies wanted of 1 pieces, consisting of 12 pages.
Remarks: Rev. War Section
Exr. MMHF
Serial 8950
Law Clerk.
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M 233
Bureau of Pensions
Finance Division
Mar 23 1923
Chief of Rev War Section
Sir:
I have this day received from W.H. Conaway cash $2.05 requesting copy as per letter herewith.
Very respectfully
O.J. Randall
Chief of Division.

Copies marked & law division notified 
AWF
Apr 2 - '23
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2244
John Conway
Rejected
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1923 - April 2 - photostat copies mailed to W.H. Conaway - AWF
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Jno Conway - appl.
Not En letter
Ry
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John Conway. Applicants. [illegible] from Harrison Cty.

The undersigned was informed by Thos R. Ray, that Jno Conway called [illegible] [illegible] for the purpose of making a Declaration for a pension and a [illegible] Jany 1832. That upon examination a certain thot he had no claim to a pension & [illegible] him.
W. G. Singleton
Nov. 28.1834