Revolutionary War Pension and Bounty Land Warrant Application File W. 11639, for Thomas Tobin, Pennsylvania
Page 1

SERVICE   Penn.
Tobin, Thomas
Lydia
NUMBER  W.11639
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Let to Hon A Stewart 
[unreadable]  30 = 1845.      
Pennsylvania   25.987              
Thomas Tobin of Fayette Co. in the State of Pa   who was a Pvt  in the company commanded by Captain Hardin of the Reg’t commanded by Col.  in the Penn the Militia                
1 Yr 6 Mo Pv $60  
Inscribed on the Roll of Penn at the rate of 30 Dollars - Cents per annum to commence on the 4th day of March, 1831.                    
Certificate of Pension issued the 11th day of Feby and sent to 1834 Hon. A. Stewart H. R. 
Arrears to the 4th of Mar 1833 $150.            
Semi anl. allowance ending 4 Mch ‘34  30              
$ 184.00  
{Revolutionary Claim, Act June 7, 1832.}  
Recorded by P. F. Sprague  Clerk   
Book 5 Vol 60  page
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Dead
Hon A. Stewart, H. R. 28th April 1848   
Rec’d 8
89   
Pennsylvania   
Lydia Tobin,    
widow of Thomas Tobin who was a private Pa in the Pennsylvania line          
Inscribed on the Roll at the rate of 60  Dollars Cents per annum, to commence on the 25th day of May, 1844.  when he died. -     
Certificate of Pension issued the 6th day of September, 1845 and sent to Hon. A. Stewart,      
Union Town, Pennsylvania            
[ Act of JUNE 17, 1844.]       
Recorded in Book D.  Vol. 1    Page 233 -
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12080
No. 12080
Lydia Tobin
Widow of Thomas 
Pa.
Act 7 July 1838
Rejected
Husband died 25 May 1844
M. 83  D. 44
No. 1480
Lydia
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Fayette County
Pennsylvania} SS   
On this 5th day of June 1845 personally in open court before the Honorable N. Ewing Esqr  President this Associate Judges of the Court of Common Pleas in aforesaid County Lydia Tobin resident in said County aged seventy nine years who being first duly sworn according to law doth on her oath make the following declaration in order to obtain the benefit of the provisions of the act of Congress passed the 7th of July 1838 and the subsequent acts of the 3 of March 1843 and 17 June 1844 granting pensions to widows of persons who served in the revolutionary war. That she is the widow of Thomas Tobin who was a private of the Virginia Militia in the army of the revolution and was placed on the pension roll of the United States under the pension law of 1832 at the rate of sixty dollars per annum. That she was married to the said Thomas Tobin the 18th of August 1783 who died the 25th day May 1844 that she is still the widow of the said Thomas Tobin dec’d & unmarried that she has no record of her marriage             
Lydia Tobin her mark
Sworn to and subscribed in open Court June 5th  1845  coram
D. Kanie Po
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Fayette County 
Pennsylvania }    
Robert Brit a credible witness being sworn on his oath saith that Thomas Tobin late of said County died on the night of the 25th day of May 1844 that he T. Tobin was a pensioner of the United States and left a widow Lydia Tobin still living his widow that he knew the said Thomas & Lydia as man and wife for between forty & fifty years that they had a family of children some of whom he believe to be sixty years of age & that they were married before the 1st of January 1794.    
Robert Britt
Sworn to and subscribed in open Court June 5 1845    
Coram 
D. Kanie Pro
I certify that I have known Thomas & Lydia Tobin as man & wife for between forty & fifty years and that they have children about sixty years of age & that Tho’s Tobin rec’d a pension from the U.S. of $60 per annum   
An’w Stewart 
5 June 1845
Page 7

Fayette County
Pennsylvania } SS  
On the 13th day of September 1833 appeared in open court before the Judges of the court of Common pleas of said County now sitting Thomas Tobin who on his oath says he is Seventy seven years of age & makes also on oath the following declaration in order to obtain the benefit of the act of 7 June 1832     
That he went into the service of the United States under the following officers and served as herein stated.   
That he first entered the service of the United States in September 1777 in Fayette County then claimed by Virginia now Penn’a  under Captain Mark Hardin that they went to Winchester in Virginia also to Pittsburgh Penn’a  that he continued in the service under the engagements from time to time under Captain Mark Hardin  1 yr 8 mos   until the fall say October 1779 that during this period of about two years he was not out of the service of at home more than four months at the utmost & he think not more than three months   That for most of the period he was my under orders of the commanding officers in packing provisions & supplies & taking care the horses & provender & the provisions & supplies for the army under General McIntosh on the western frontier & Col. Broadhead who was at Pittsburgh over part of the time he was impressed or drafted by Gen’l Morgan near Fort Cumberland and then marched to Fort Pitt now Pittsburgh & he was discharged on Pigeon creek in the fall say November (cold weather) of 1778 that he next time he went out as a volunteer in Sovereigns Valley south of the Falls of the Ohio River in Kentucky under General George Rogers Clark against the indians in September 1782.   his captain was John Vantreese ,Col Dan'l Boon, Col Logan
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Major Oldam & others they pursued the indians into Ohio burnt New Chilicothe on the Big Miami, Wills town & many other indian towns    when they returned to Kentucky after being out two months and a half they got home about Christmas 1782.        The next service he performed was as a volunteer against the Indians he went out the 24 February 1783 & March’d from Elizabeth town 50 miles below the fall of the Ohio  went through Chillicothe which had been burnt to Pickaway town which was also burnt thence to Ellis town occupied by the Shawnees here the snow become so deep that they could not travel they got some indian horses & returned this Expedition was got up   2 mos.  & sent out by order of Gen’l Geo. R. Clark under command William Hardin   They were out on this reason a little over two months, having return the latter part of April 1783 that the foregoing is all the service he rendered during the revolution except some short tours of ten weeks & days at a time as a Scout & spy against the Indians.     
He has no documentary Evidence Nor does he know of any witness by whom he can prove his services that he can prove his character & reputation as a revolutionary soldier by Robt P Flenniken Esq & Andrew Hertzog that owing to the remoteness of his residence from the county seat he can not procure the attendance of a clergyman
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In response to the interrogations required to be put by the war department he answers     
1.  That he was born in London County Virginia the 22d October 1755     
2  That he has record of his age in a Book at home      
3   That he resided where he went out Fayette County Penn’a that he afterwards & during the war went to Kentucky and remained there about 18 months from Christmas 1781 & returned in 1783 to Fayette County Pa where he has lived ever since.   
4.  That he went out as drafted militia man & volunteer              
5 That his officers were Captain Mark Hardin, John Vantreese, Wm Hardin, Gen’l Clark,  Col Boon, Logan &c       
6.  That he has no discharge            
7.  That Rob’t Flenniken Esq & Andrew Hertzog by his neighbours will know his character and reputation as a revolutionary soldier                  
He herby releases all claim to any other pension whatso except this & declares his name is not on the pension roll of the agency by any           
Thomas Tobin   
Sworn & Subscribed in open Court 13th Sept 1833   
Rich’d Beeson
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We Robert P. Flenniken and Andrew Hertzog Esqr both of Fayette County Pennsylvania do hereby certify that we are well acquainted with Thomas Tobin who has sworn to the foregoing declaration that we believe him to be seventy seven years of age that he is reputed & believed in the neighborhood where he resides to have been a soldier the revolution & we concur in that opinion & further that he is a my respectable citizen & a man of good moral character       
R. P. Flenniken
Andrew Hertzog
Sworn & subscribed in open Court Sept 13, 1833, 
Rich’d Beeson Prothy  
And the Court do hereby declare their opinion after the investigation of the matter & after putting the interrogatories prescribed by the war department. That Thomas Tobin was a revolutionary soldier and served as he states. And the Court do further certify that it appears to them that R P Flenniken & Andrew Hertzog who have sworn the above certificates are both residents of Fayette County and are credible persons and that there statement is entitled to credit  
Tho’s Tobin
27099
Fayette County 
Pennsylvania} SS
I R. Beeson Prothy of the Court of common pleas in and for said County do hereby certify that the foregoing contains the original proceedings of the said court in the matter of the application of Thomas Tobin for a pension           
In testimony whereof I have hereunto set my hand and seal of the said Court this 13th day of Sept. 1833
Rich’d Beeson  Prothy
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No. 12080
Lydia Tobin
Widow of Thomas 
Pa.  
Act 7 July 1838
Lydia husb dec'd 25 May 1844
Adm [admitted] Act 17 June 1844
18 mo pri $60.00 per
Commencing 25 May 1844
Hon. A. Stewart
Union Town Pa.
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June 24, 1848
Rec'd
Thos Tobin & Henry Core
UNIONTOWN PA
JUN 12
Free
A. Stewart 
Me
James L. Edwards
Commissioner of Pensions
Washington D. C. 
[unreadable]
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Uniontown June 20th 1845          
J L Edwards Esq      
Com’r of Pensions           
D’r Sir              I sent you some time since the applications of the widows of Tho’s Tobin & Henry Core of this County for pensions. Have they been received at your office?  and if so what disposition has been made of them?   I have known both the old ladies intimately from my earliest boyhood for 40 or 50 years and I know them to be the widows of the Pensioner above named and justly entitled to Pensions I know their families & know they have both children more than sixty years of age. Mrs Tobin is a sister of the Hon Benj’n Hardin of Ky.  She married at the age of 16 years 
Yours very respectfully      
Andrew Stewart
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Jan'y 15 1848
Lydia Tobin
Evans
For dup. cert
free
A. Stewart  ML
J. L. Edwards Esq
Com. Pensions
War Dept
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Ho of Reps [House of Representatives]  14 Jany 1848             
J. L. Edwards Esq
Dr. Sir
Some year or so since you sent me a pension certificate for Lidia Tobin Widow Thomas Tobin Rev pensioner of Fayette  Co Penn’a dec’d she died before it come to hand & I have lost or mislaid her certificate – it was never out of my possession          
Will you do me the favor to send me a copy of her certificate?   & oblige 
Yours respectfully 
A Stewart
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Adm  1 Yr & 6 months    
Hon A. Stewart
Ho. of Rep.
Page 17

Hon. A. Stewart 
Uniontown
Pa.   
Mr Stewart says he agrees to take one year & six months, and that he drew up the papers and is confident he can establish 2 years to save time he makes the above compromise    
Feb 5th 1834 
Thos Tobin
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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 shew 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 compling with this request, greatly facilitate the investigation of your claim.          
A Statement, shewing the service of Thomas Tobin 
Period when the service was rendered.   Duration of the claimant's service. Years Months Days   Rank of the claimant. Names and rank of the Field officers under whom he served. Age at present, and place of abode when he entered the service.   Proof by which the declaration is supported. 
I am Respectfully 
Your obedient servant,      
J. 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, musicians or privates, will in the first in stance, 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 A.B. a resident (b) of personally appeared (a) before in the county of and State, Territory or District years, who being first duly sworn, according to law, doth on his oath make the in 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) 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 that of 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 hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter 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 hereby certify, that we are well acquainted with subscribed and sworn to the above declaration; that we believe him to be and C.D. residing in (the same) who has 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. 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 contains the original proceedings of the said Court, in the matter of the application of for a pension. 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 Town officer 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. 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 Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed 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 declaration herein required is made, the parties interested will transmit such evidence as they can cure, taken and authenticated before a Court of Record, showing the services of the deceased, the person 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---yearmonths , anddays , I served as amonths and --- days, I served as 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 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 in the militia, &c. without specifying the tours, the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must, in every case, be clearly shown under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority ; that he was either in the field or 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 wife nesses, 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.          
Each tour & all its circumstances must be fully stated
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Rev WIDOW &c
File No.  11.639
Lydia Tobin
Widow of Thomas Tobin
Priv. Penn Line
Act:  June 17th / 44
Index:-  Vol BN  Page 278
[Arrangement of 1870]
Page 22

12080
July 21 1848
UNION TOWN PA
JUL 
be
Lydia Tobin
Jul 8 1898
5
James L. Edwards Esq
Commissioner of Pensions
War Dept.
Washington City
Page 23

Union Town June 5th 1845          
J. L. Edwards Esq    
Dr Sir         Enclosed we have the application of Lydia Tobin for a pension. Mrs Tobin is the sister of the Hon Benj’n Hardin late member of Congress from Ky 
Yrs. truly 
A Stewart