Revolutionary War Pension and Bounty Land Warrant Application File S. 8373, John Duncan, Va.
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Service Va. 
Duncan, John
Number S. 8373
carded
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Virginia 16537
John Duncan
of Floyd in the State of Va
who was a pr;- in the -Compy commanded by Captain Trigg of the Regt commanded by - in the Pa.[star icon] line for 14 months
[star icon]Va. Line Oct. 4, 1904 Records Corrected.

Inscribed on the Roll of Virginia
at the rate of 46 Dollars 66 Cents per annum, to commence on the 4th day of March, 1831.

Certificate of Pension issued the 31. day of Augt: 33.
and Sent to William Goodson. Floyd CH. Va

Arrears to the 4th of March 1833 93.32
Semi-anl. allowance ending 4 Sept 23.33
$116.65
{Revolutionary Claim, Act June 7, 1832.}
Recorded by Nath: Rice Clerk,
Book E Vol. 6 Page 6
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John Duncan's
declaration for a pension
22003
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State of Virginia
Floyd County} SS.
On this 15" day of October 1832, personally appeared before the Justices for Floyd County no sitting in Open Court John Duncan, a resident of said County and State, who being first duly sworn, according to law doth on his Oath make the following declaration to obtain the benefit of the act of Congress passed June 7" 1832. That he entered the Service, of the United States and Served under the following named Officers as herein stated. He is aged 91 he was drafted, in Fauquier in the State of Va. under Capt. Chinn, there served the term of One year and Marched through Maryland & Pennsylvania. His Major was Edmundson, the other officers he has forgotten. He has forgotten what Regiment he belonged to having lost all his papers. He next enlisted under Capt. Abram Trigg and Cloyd was his Major in the County of Montgomery and was marched to the Shallow Ford where he had an engagement with the Tories he has forgotten the names of the other Officers. after this he was discharged and returned home, and his papers were all burnt so that he has none to Show. He hereby relinquishes every Claim to a pension or annuity whatsoever, and declares that his name is not on the pension roll of any agency in any State.
Sworn to and Subscribed the day and year aforesaid
John Duncan

We Henry Bishop and Andrew Reed residents of Floyd hereby Certify that we are well acquainted with John Duncan, who has subscribed and Sworn to the above declaration that we believe him to be 91 years of age and that he is reputed and believed in the neighbourhood where he resides to have been a Soldier of the revolution
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and we Concur in that Opinion, Sworn to and Subscribed the day and year aforesaid
Henry x his mark Bishop,
Andrew x his mark Reed

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 Henry Bishop and Andrew Reed who have Signed the preceding Certificate are resident Citizens of the County of Floyd, and credible persons, and that their Statement is entitled to Credit

I William Goodson clerk of the County Court of Floyd do hereby certify that the foregoing contains the Original proceedings of the Said Court, in the matter of the application of John Duncan for a pension
In Testimony whereof I have set my hand and affixed the Seal of the Circuit Superior Court of law and Chancery, (there being no seal as yet provided for the County Court) this 19" day of December 1832 in the 57 year of the Common Wealth.
William Goodson

I George Shelon presiding Justice of the peace in and for the County of Floyd do hereby Certify that William Goodson who has signed the foregoing Certificate is and was at the time of signing the same Clerk of the County Court aforesaid duly appointed and qualified according to law Given under my hand and seal this 1st day of January 1833
George Shelon {Seal}
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No 22003.
John Duncan
Va.

On Va Rolls
R War
Returnd
on the rolls
Admit as a private
14 mo - $46.66

Goodson
William Goodson Clerk
Floyd County Court
Floyd CH. Virga.
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WAR DEPARTMENT,
Pension Office.
13th. May 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 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 complying with this request, greatly facilitate the investigation of your claim.

A Statement, showing the Service of John Duncan, Floyd Co Va
Period when the service was rendered.
[1] draftd
[2] Enlistd
Duration of the claimant's service. Years. Months. Days.
[1] 1 Year
[2] -
Rank of the claimant.
[1] Private
[2] "
Names and Rank of the Company officers under whom he served.
[1] Capt Shinn
[2] " Trigg
Names and Rank of the General and Field officers.
[1] Maj Edmundson
[2] " Cloyd
Battles in which the applicant was engaged.
[1] None
[2] ~
Country through which he marched.
Md Va. Pa. 
Place of abode when he entered the service, and age at the present period.
Aged 91
Evidence by which the declaration is supported.
Traditionary

I am, respectfully,
Your obedient servant,
J. 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 commis- sion; 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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June 13, 1938.
BA-J/ILL
John Duncan
S. 8373

S. D. Settle
1371 High Street
Bowling Green, Kentucky.

Dear Sir:

The data which follow are found in pension claim, S. 8373, based upon service of John Duncan in the Revolutionary War.

John Duncan, of Fauquier County, Virginia, enlisted about the year 1778 and served one year as private in Captain Chinn's company, Colonel Elias Edmunds' Virginia regiment, during which he marched through Maryland and Pennsylvania. He moved the next year to Montgomery County, Virginia, where he enlisted, served in Captains Cloyd's and Trigg's companies, Colonel William Preston's Virginia regiment, marched to King's Mountain just after the battle there, thence to the Shallow Ford of the Yadkin River where he was in an engagement, and returned soon to Montgomery County, Virginia.

He was allowed pension on his application executed October 15, 1832, at which time he was aged ninety-one years. The date and place of his birth and the names of his parents are not shown. The soldier had continued to reside in Montgomery County, Virginia, ever since the Revolutionary War; his residence in 1832 was in that part of said county which was incorporated in Floyd County, Virginia.

John Duncan made no reference to wife or children.

In order to obtain the date of last payment of pension, name of person paid, and, possibly, the date of death of this pensioner, you should address the Comptroller General, General Accounting Office, this city, and furnish the following: John Duncan, certificate #16537, issued August 31, 1833, rate $46.66 per annum, commenced March 4, 1831, Act of June 7, 1832, Virginia Agency.

Very truly yours,

A. D. HILLER,
Executive Assistant
to the Administrator.
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1916, Mch. 30. History to Mrs. Lucy D. Douglass. Letter with Cl. S. 40,995 Rev. War John McDowell
1924 Oct. 29. Hist to Mrs. Justin K. Mead
1938 - June 13 - Hist. to S. D. Settle - ILL.

8373
Rev War INVALID.
File No. 8373
John Duncan
Priv Rev War
Act: June 7th 1832
Index:-Vol. 1st, Page 104
[Arrangement of 1870.]
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Floyd County & State of Virginia
On this day being the 18 of June 1833. Personally appeared in open court before the justices of the peace for Floyd County John Duncan for the purpose of amending his declaration heretofore made for the purpose of obtaining a pension under the act of Congress of the 7th of June 182 and on oath makes this following statement - His first tower was as stated in his declaration for one year and the applicant cannot recollect the year but thinks it was the second year after the revolution began probably in the year 1778. But of this he is not certain as his extreme age and consequent Loss of memory has obstructed the recollection of the time. He now recolect that his Colo was Chas Edmund's. (or Edmundson) and the major was of the same name. he was in no action during the time which was as before stated for an Entire year. after the applicant returned from this tower he removed the next year to Montgomery County. now Floyd and after being here a short time he was called out as a minut man by Colo William Preston and Capt's Cloyd & Trigg. as before stated he was marched to the relief of Colo Wm Campbell. at King's Mountain but did not arrive until the day after the action and was then marched to the shallow ford of the Yadkin river
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under the above named officers: Capt Cloyd having been as he thinks promoted to Major this tower Embraced more than two months but he claims but for two and is certain that it was that long. He then returned to Montgomery County and has resided here ever since. The county having been divided and he is now in Floyd.
John Duncan

The court doth certify that there is no clergyman who resides in the neighbourhood of the applicant and is the reason why he did not have the certificate of one to his former declaration -

I William Goodson Clerk of the County Court of Floyd do hereby certify that the foregoing contains the amended proceedings of the said Court in the matter of the application of John Duncan for a Pension
In Testimony whereof I have hereunto set my hand and affixed the seal of the Circuit Superior Court of Law and Chancery. (there being no seal as yet provided for the County Court) this 17th. day of June 1833 in the 57th year of the Commonwealth.-
W. Goodson Clk
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Omer, Michigan.
Oct. 9th. 1924.

Commissioner of Pensions
Washington, D. C.
Dear Sir;--
An ancestor named John Duncan, served in the Revolution from Va. and was drawing a pension when he died in 1833 in Floyd Co. Va. (previously named Montgomery Co.)
Can you give me the exact service he was in, together with date of birth- and death if known- and name of wife if given in his application, and any other family history he may have given.
I have been told his pension certificate was #16,537. Thanking you in advance, I remain,
EGS Yours truly,
[signed] Mrs. Justin K. Mead.
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May 23, 1938
Mr A. D. Hiller
Veterans Administration
Washington D.C.
Dear Sir:
First I want to thank you for your recent letter in answer to my request. I am trying to compile a record of my revolutionary war ancestor and have others that I would like information regarding.
1. TILMAN HUFMAN [clerk note: all sp] of Culpeper County Va ("Referance" Journal of House of Delegates 1795 10-60 - Madison Petitions Nov. 13, 1895 13 2260 - Culpeper Petitions Nov. 15, 1794 A4477)
Please send me any information you may have relative to this Revolutionary Soldier.
2. GEORGE SETTLE [clerk note: Settler of Va] Fauquier County Va (1782). Referance - Fauquier County Bulletins Page 363
Any information regarding him.
3. WILLIAM MORGAN [clerk note: shown] - Fauquier County Va (1782). 
Referance - Fauquier County Bulletins Page 363.
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4 - JOHN DUNCAN [clerk note: one has been do] Fauquier County Va (1782) 
Referance - Fauquier County Bulletins Page 367. 
Any information regarding him.
Thanking you for your kindness
Yours Truly
S. D. Settle
1371 High Street
Bowling Green, Ky.

[stamp]
RECEIVED MAY 25 1938
MAIL SUB-DIV
VETS. ADM.
READER # 26
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June 13, 1938.
BA-J/ILL
John Duncan
S. 8373

S. D. Settle
1371 High Street
Bowling Green, Kentucky.

Dear Sir:

Reference is made to your letter in which you request the Revolutionary War records of Tilman Hufman of Culpeper County, Virginia, George Settle, William Morgan and John Duncan, all of Fauquier County, Virginia.

There is no claim for pension on file based upon service in the Revolutionary War of a William Morgan of Fauquier County, Virginia, nor of any George Settle of Virginia, nor of a Tilman Hufman; various spellings of the surnames were  used in the search of the records.

The record of John Duncan if furnished herewith from pension claim, S. 8373.

Very truly yours,

A. D. HILLER,
Executive Assistant
to the Administrator.
Page 18

M.C.S.
Rev. & 1812 Wars Section

October 29, 1924

Mrs. Justin K. Mead
Omer
Mich.

Madam:
I have to advise you that from the papers in the Revolutionary War pension claim, S.8373, it appears that John Duncan enlisted in Fauquier County, Virginia, about 1778, and served one year as a private in Captain Chinn's Company, Colonel Elias Edmunds' Virginia Regiment.
He enlisted in the fall of 1780 in Captain Abram Trigg's Company, Colonel William Preston's Virginia Regiment, was in the battle of Shallow Ford and was discharged soon afterward.
He was allowed pension on his application executed October 15, 1832, while a resident of Floyd County, Virginia, aged 91 years. The dates of his birth and death are not given.
There is no data on file relative to his family.
Respectfully,

Commissioner