Revolutionary War Pension and Bounty Land Warrant Application File S. 8498, Richard Foggett, Md.
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Md. Foggett, Richard   S. 8498

caroled
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(8--1776)
SERVICE
Md.
Foggett, Richard
NUMBER
S. 8498
carded
CONTENTS
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Dead. See letter to Hon. J.
Kent March 31. 1836 &
Apl 1836 to P. Ag -
Pen. Agent- June 26, 1837.
Order to May 8th Nov 1837.
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No 210
Richard Foggett Anne Arundel
County Maryland
Admitted
2 years
$80.
Jas F. Brice Esq. Annapolis
Maryland
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WAR DEPARTMENT,
Pension Office,
183
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 complying with this request, greatly facilitate the investigation of your
claim.

A Statement, shewing the Service of Richard Foggett Anne Arundel County
Maryland
Period when the service was rendered.
[illegible] March 17th 1777┃
Duration of the
claimant's service.
Years. 3┃
Months. --┃
Days. 5┃
Rank of
the
claimant.
private┃
Names and rank of the Field officers
under whom he served.
Cap Williams┃ 
Age at present, and place of abode
when he entered the service.
72 years
Annapolis
Anne Arundel County
Maryland┃ 
Proof by which the declaration is supported.
7th Maryland Regiment
Traditionary evidence witnesses
certified credible--No Clergimary
certificate + no reason given--
Documentary evidence
papers correct.
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 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 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. [picture of a hand with finger pointing to right] 
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.
[ of the Court of
do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of
the application of
for a pension.
In testimony whereof, I have hereunto set my hand and seal of office (i) this
day of
&c.
If, on examination of the proper record, the names of applicants, making such declaration, cannot be
found, they will produce such proof as the rule given in note (j) points out.
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia,
except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and
subscribe a declaration similar to the foregoing, with the following additions, viz:
(k) We, A. B., a Clergyman, residing in the
and C. D. residing in (the same)
hereby certify, that we are well acquainted with
, who has
subscribed and sworn to the above declaration; that we believe him to be
years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier
of the Revolution, and that we concur in that opinion.
Sworn and subscribed the days and year aforesaid.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion, after the investigation of the matter, and after
putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary
Soldier, and served as he states. And the Court further certifies, that it appears to them that A.B.
who has signed the preceding certificate is a clergyman, resident in the
and that C. D., who has also signed the same is a resident in the
and is a credible person, and that their statement is entitled to credit.
I,
Clerk of the Court of
do hereby certify that the foregoing
contains the original proceedings of the said Court, in the matter of the application of
for a pension.
In testimony whereof, I have hereunto set my hand and seal
of office, this
day of
& c.
Every applicant will produce the best proof in his power. This is the original discharge or commission ; but if neither of these can be obtained, the party will so state under oath, and will then procure, if
possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services
of the applicant, and such circumstances connected therewith, as may have a tendency to throw light
upon the transaction.
If such surviving witness cannot be found, the applicant will so state in his declaration, (l) and he will
also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful
in the investigation of his claim, and in the comparison of his narrative with the events of the period of his
alleged service, as they are known at the Department. A very full account of the services of each person
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will be indispensable to a favorable action up on his case The facts stated will afford one of the principal means of corroborating the declaraion of the applicant, if ture, or of detecting the imposition, ifone be attempted ; and unless, therefore, thse 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) interrogations 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 live now?
4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom?
5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services.
6. To a Soldier. Did you ever receive a discharge from the service, and if so, by whom was it given, and what has become of it?
To an Officer. Did you ever receive a commission, and if so, by whom was it signed, and what has become of it?
7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution.

The Court will see that the answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant.

The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons - one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from the acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to ahve 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 certificate.

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 fol-low 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 each service I claim a pension."
It is important, in all cases, to determine with precision the period for which each applicant served, and the [illegible] 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 [illegible] 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 [illegible] corps called into services by competent au-thority; 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 pub-lic 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 con-tains the affidavit, or other papers authenticated, the certificate must be attached thereto by a piece of tape or [illegible] 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 [illegible] must certify to the credibility of the wit-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 [illegible].
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Richard Foggett
21617
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State of Maryland
Anne-Arundel County, Sct.
On this 30th day of October in the year of our Lord one thousand eight hundred and thirty two personally appeared in open court, before the Court of Anne-Arundel county, now sitting, Richard Foggett, a resident of [illegible], in the county of Anne-Arundel, and State of Maryland, aged 72 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, passed June 7, 1832:
That entered the service of the United States, under the following named officers, and served as herein stated; that he served Captain Lisbon Williams, that he entered the services on the --day of --, in the year one thousand seven hundred and --, and left the same on the -- day of -- one thousand seven hundred and --.
That he had a discharged from Captain Bruce, but has lost the same that he was in the skirmish of Tangier Island and was at the siege of York when Cornwallis surrendered and in said engagements served under Captain Edward Spurrier, in the year one thousand seven hundred and eighty one; that he, at the time of entering the service, resided in Annapolis , town, or city, in Anne Arundel county, and State of Maryland; that he enlisted; that he marched through Maryland & Virginia country; that he served with the Maryland troops; that the names of regular officers were General Smallwood Col. Adams & Col. Stewart; that he was not wounded in the said battles or skirmishes, or any other; that he has no [crossed out] documentary evidence; and that he knows of no person whose testimony he can procure, who can testify to his service. That he was born in Philadelphia in the year 1760 and has a record of his age, which may be found in the Parish Register, at South River Church in Anne Arundel County. 

The said Richard Foggitt 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 any Agency, but that of the Agency of the State of Maryland. 

Sworn and subscribed , the day and year aforesaid.

Richard Foggitt

We, Joseph Williams, a Clergyman [crossed out], residing in the city of Annapolis, and Jason Jones, residing in (the same [crossed out]) Anne Arundel County hereby certify, that we are well acquainted with Richard Foggitt, who has subscribed and sworn to the above declaration; that we believe him to be seventy two years of age; that he is reputed and believed, in the neighbour-hood where he resides, to have been a Soldier of the Revolution, and that we concur in that opinion.

Sworn and subscribed, this day and year aforesaid.
Joseph X Williams
Mark
Jason Jones

And the said Court do hereby declare their opinion, after investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above name applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that Joseph Williams, who has signed the preceding certificate, is a Clergyman [crossed out], resident of the City of Annapolis, and that Jason Jones, who has also signed the same, is a resident of the [crossed out] Anne Arundel County, and is a [crossed out] and an creditable person, and their statement is entitled to credit.

Gideon White
Chief Justice
Orphans Court

I, Saml Brown [illegible], clerk of the Orphans Court of Anne-Arundel county, do hereby certify that the aforegoing contains the original proceedings of the said court, in the matter of the application of Richard Foggitt for a Pension.

In testimony whereof I have hereunto set my hand and seal of office, this thirtieth day of October 1832

Saml Brown [illegible] Reg. Wills A. A. County
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LAND OFFICE,
Annapolis,  October 31st, 1832
I Certify, that it appears by the Muster Rolls remaining in the Office, that Richard Foggett enlisted as a private in the 7th Maryland Regiment, on the 17th day of March 1777, and was discharged on the 22nd day of March 1780,
George G. Brower
Register Land Office, W. S. Md.
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To what time was Richard Foggett, Maryd.
Act June 7, 1832, last paid?
J L Edwards
March 31, 1836

He was paid to the 4th Sept 1834
JH
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Land Office, Annapolis, Oct. 31st 1832.

I certify that it appears by a return [word struck out] of the recruits dra
aughts and substitutes under the Act to procure recruits, passed
October session 1780, remaining in this office, that the name of
Richard Foggett, appears upon said returns as a substitute for one
Richard Watkins, draughted.
George G. Brewer
Regt. Ld. Off. W. S. Md.
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8498
RevWar INVALID. [illegible initials]

File No. 8498
Richard Foggett
Pri Rev War

Act: June 7th 32
Index:--Vol 1st, Page 129

[ Arrangement of 1870. ]
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Pension Agency
Union Bank of Maryland
6 Nov 1837

Sir

I forward the vouchers of
Richard Foggett deceased requesting
an order for the payments of the same

Very respectfully
W W Evans
Pension agent

J L Edward Esq }
Commr of Pensions }
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Pension Agency
Union Bank of Maryland
Balt. 23. June 1837

Sir

I enclose the vouchers of
Benjamin Caddington unclaimed for
two years requesting an order for the
payment of the same.

I am Sir
Very respectfully
I likewise enclose the } Yr Obt Sevt
vouchers of A Foggett }
widow of R. Foggett for an } W W Evans, P. agent
order for payment }

To
J. L. Edward Esq
Commissioner of Pensions