Revolutionary War Pension and Bounty Land Warrant Application File S. 16,563, Samuel Vest, Va.
Page 1

[typed form, with handwritten responses]

[3-1776]

SERVICE
Va.

Vest, Samuel

NUMBER
S.16,563

carded
CONTENTS
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[typed form, with handwritten responses]

[left side] 13,909
Indiana

Samuel Vest

of Washington Co. in the State of Indiana who was a private in the company commanded by Captain Adams of the regt [regiment] commanded by Col. Calloway in the Virga [Virginia] Ma- [Militia] line for 7 ½ months from 1779.

Inscribed on the Roll of Indiana
at the rate of 25 Dollars - Cents per annum,
to commence on the 4th day of March 1831.

Certificate of Pension issued the 11 day of July
1833 -- and sent to Hon J. Carr Charlestown

Arrears to the 4th of March 1833 $50.-
Semi-anl. [annual] allowance ending 4 Sep. “ [1833] 12.50
$62.50

{Revolutionary Claim}
{Act June 7, 1832}

Recorded by Wm L Allison, Clerk
Book [Illegible] Vol. 7 Page 133

[right side] Order to pay – 19 Sept 1837
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Samuel Vest
Application for Pension
for 7 months & 15 days Revolutionary services
25502

J. Rowlands
Salem Inda.
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Declaration of Samuel Vest in order to obtain the benefit of the Act of Congress passed June 7th 1832
State of Indiana} 
Washington County} SS: In the Washington Circuit Court On this 5th day of April 1833 personally appeared in open Court, before the Judges of said Court, it being a Court of record, now sitting, Samuel Vest, a resident of said County of Washington and State of Indiana, aged seventy-three years, the 7th day of April last, 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 June 7th 1832 - That he entered the said service of the United States under the following named officers and served as herein stated: 
That he entered the service in the County of Bedford State of Virginia in the month of June 1779 as a volunteer Soldier in a militia company commanded by James Adams Captain, Matthew Arter Lieutenant, & Talbert Arter Ensign; said company was called out by the order of Col. Wm Calloway [William Callaway] to guard the Lead mines called Chissel's mines [Chiswell], upon New River in the State of Virginia – marched with said company to the said mines, remained there, & performed duty in said company as a guard until he was discharged, having served in this expedition, from the time he entered the service till he was discharged, three months & twelve days. About the month of November in the same year (1779) at the same County of Bedford, he again entered the service as a drafted militia man in the company under Capt. Robert Adams, Charles Lynch was Lieutenant, – he marched with said company to Petersburg, which belonged to the Regiment of Col Lynch, the forces at that place were under command of Baron Stuben [Baron von Steuben]. This declarant remained at Petersburg & performed duty in said company as a private soldier until he was discharged – he served on this tour of duty not less than nine
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weeks or 63 days –
About the first of February 1781 at the same County of Bedford Va., he again entered the service by joining a militia company, as a substitute for one Benjamin Simmons, who was drafted, said company was commanded by Jacob Moore Capt., & Michael Gilbert Lieutenant, and belonged to the Regiment under Col. Lynch – marched to a place appointed to rendezvous on the Staunton River. 
On the first of February or about that time, 1781, the Regiment took up the line of march, and proceeded on till it met with the Army under Genl Green [General Nathanael Greene], – this was at a place called the Haw-fields on Haw River – from thence, this declarant marched with the Army to Guilford, and was in the battle [March 15, 1781] at that place, which took place on the 15th of March. 
After the battle, the Americans rallied & collected at a place called the troublesome Iron works, this declarant was amongst the number, and at that place recd [received] his discharge and returned home – having served in this last expedition not less than two months – 
This declarant states that he served in the revolution as a private Soldier, in the three Expeditions above mentioned not less than seven months and fifteen days – that he recd [received] discharges at the said several times when he left the service, which are lost; and he states that he has no documentary evidence, and that he knows of no person whose testimony he can procure who can testify to his service; except his brother, William Vest. - He hereby relinquishes every claim whatever 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 to and subscribed the day & year aforesaid

[signed] Samuel Vest
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William Vest, Brother of the said Samuel Vest who has Sworn to and subscribed the foregoing declaration, a resident of the County of Washington & State of Indiana, in open Court, makes oath, that his said Brother Samuel, served as a private soldier in the Revolution; the said William states he knows of his own Knowledge that his Brother Samuel went in the first tour of service named, to the lead mines, and returned home about the time he stated - he knows also of his going on the expedition to Petersburgh - and as to the last tour of service, he knows (he the said William having served in the same expedition) that his said Brother served as he has stated -
Sworn to in open Court - & subscribed
William Vest

We, Ebenezer Patrick a Clergyman and George Holsapple residing in the said County of Washington and State of Indiana hereby certify, that we are well acquainted with Samuel Vest who has subscribed & sworn to the foregoing declaration, that we believe him to be 73 years of age, the 7th day of April Instant, 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 & subscribed the day & year aforesaid -
Ebenezer Patrick
George Halsapple

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 applicant was a revolutionary soldier and served as he states - And the court further Certifies that it appears to them that Ebenezer Patrick who has signed the preceding Certificate is a Clergyman resident in the town of Salem and said County of Washington and that George Holsapple who has also signed the same is a resident in the said County of Washington and is a Credible person and that their statement is entitled to Credit And that the said William Vest is a resident of said County and is a Credible person-
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I Wm. H. Carter Clerk of the Court of Washington County aforesaid do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Samuel Vest for a pension In Testimony whereof I have hereunto set my hand and seal of office this 5th day of April
Wm. H. Carter Clk
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No 25502
Samuel Vest Washington County Indiana

from 1779 private
7 1/2 months
$25.-

Hon:
Jno Carr, Charleston Indiana
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[typed form, with handwritten responses]

WAR DEPARTMENT
PENSION OFFICE
Sir:
The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in a tabular form. On comparing these papers with the following rules and the subjoined notes you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will show what is necessary to be done these points to which your attention is more particularly directed, you will find marked in the margin with a brace, (these:}). You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your claim.

A STATEMENT, showing the Service of Samuel Vest Washington County Indiana

[column headings] Period when the service was rendered.
[1] Vol. June 1779 
[2] Drafted - Nov. " 
[3] Sub - Feby 1781
Duration of the claimant’s service. Years. Months. Days.
[1] 3 [Months], 12 [Days] 
[2] 2 [Months], 3 [Days] 
[3] 2 [Months]
Rank of the claimant.
[1] private
[2] "
[3] "
Names and rank of the Field officers under whom he served.
[1] Cap Adams, Col Calloway
[2] Cap Adams, Col Lynch
[3] Cap Moon, Col Lynch
Age at present, and place of abode when he entered the service. 
73 years Bedford County Virginia
Proof by which the declaration is supported. Traditionary evidence & one witness paper correct
Battle of Guilford Court House

I am, respectfully,
Your obedient servant,
JAMES L. EDWARDS,
Commissioner of Pensions.
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REGULATIONS UNDER THE ACT OF JUNE 7, 1832.
The following regulations have been adopted: This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army, and to include under the terms "Continental Line," "State troops," "militia," and "volunteers," all persons enlisted, drafted, or who volunteered wand 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 classes 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 claim- ing the benefit of this law its officers, non-commissioned officers, musicians or privates, will, in the first instance, make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides. And every Court having by law a seal and Clerk is considered a Court of Record. DECLARATION,
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
State, Territory, or District of } 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, 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 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 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 of 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 alleged service, as they are known at the Department. A very full account of the services of each person
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3
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 if detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be ex-expected. All applicants will appear before some Court of Record in the County in which they reside, and there subscribed and be sworn to, one of the declarations also 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 to 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 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 declaration must mention the period or periods of the war when he served. 
[e] Every continual 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 for which each applicant served, and the particular rank he held, as the law directs the pension to be paid reconciling to the grade of the pensioner and the length of his service. The use of the phrase [italicized] about three or four months, is to 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 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 not 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. 
[pointing finger icon] The notes from [a] t [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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[typed form, with handwritten responses]

16.563
INVALID. Own

File No. 16,563
Samuel Vest
Pri Rev War
Act: June 7" 32
Index:-Vol. 1, Page 448
[Arrangement of 1870.]
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1930 - Mch. 17 0 D.C. Vest adv. cost of photos - see Geo. Vest, W. 26617 - MMHF
Page 14

FREE
J L Edwards Esq
Commissioner of Pensions
Washington City D.C.

Apl 78

[stamp]
NEW-ALBANY Ind.
SEP 9
Page 15

State Bank of Ind
Br New Albany Sept 9 1837
J. L. Edwards Esq
Commissioner of Pensions
Sir
I Herewith enclose for your inspection, oath of identity &c of Samuel Vest,
The last payment made to Mr Vest was up to the 4th September 1836
Yours Very Respy,
J. R Shields Caas