Revolutionary War Pension and Bounty Land Warrant Application File S 16775, Gabriel Eakins, Va. Res. At Enlistment In Penn.
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(3-1776) service
Va. Eakins, Gabriel or Acron S16775
Res. at enlistment in Penn. 
Contents. carded
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Ohio 19 to 55
Gabriel Eakins or Acron of Brown Co in the state of Ohio who was a private in the Company commanded by Captain Heth of the Regt commanded by Col Gibson in the Virginia State [unknown] for 7 Months & 28 days
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State of Ohio Brown County [unknown, possibly clerk signature]

On this 2nd day of May 1833 personally appeared before the judges of the Court of Common Pleas, in and for the County of Brown [unknown] of Gabriel Eakins, sometimes called Gabriel Acron a resident of the Lewis Township in the County of Brown and State of Ohio.  aged seventy four years.  who being first duly sworn according to Law, doth on his oath makes the following declaration in order to obtain the benefits of the promises made by the act of Congress, passed June 7th 1832. 
That he enlisted in the Army of the United States on the 26th day of July in the year 1778, with David Owens Captain on ten Miles in Pennsylvania with four others and marched from ten Miles to Fort Pitt who at that time was Commanded by Col Gibson, we joined the 13th Virginia Regiment Commanded by Col Gibson and the company to which this applicant belonged was commanded by one [unknown] in whose Company this applicant served about six months.  this appointment under a Lieutenant of the independent Company Commanded by Capt Heth up the Allegheny river in order to intercept the pasage of Indians that was supposed to [unknown] the river into the settlement and was absent about 8 days but see nothing of them.  the next expedition, this appointment under Capt Springer to Fort Liganer to relieve the inhabitants from the [unknown] making on them by the Indians, but before we reached them the Indians had left.  we marched from Fort Liganer toward the Allegheny river and was about a month but see no Indians during our [unknown].
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The next expedition was up the Monongahely under Sergeant Goodin for flour and whiskey and  was detained by [unknown] for about four months before we marched for Fort Pitt. This applicant states after this last return he remains at Fort Pitt until he was discharged.  This applicant at the time of enlistment was a Citizen of Washington County Pennsylvania.  This applicant served about six Months in the 13th Virginia Regiment when the Company to which this applicant belonged and who was commanded by Timio, was divided, and a part attached to the 8th Pennsylvania [unknown] Regiment Commanded by Col Broadhad and a part to 9th Virginia Regiment and to which last this applicant was attached Commanded by Col Gibson. Whilst this applicant belonged to the 13th Virginia Regiment.  Col Gibson was called to Philadelphia, and command was taken in his absence by Robert Ball [Bull?] Capt from whom this applicant [unknown, possibly "requested"] a months furlo of absense for fifteen days which is [unknown] files as a part of this declaration.  this applicant enlists for the term of one year and at the expiration of said year he was discharged by Col Gibson, which discharge this applicant placed in the hands of James Neal for purposes specified in said [unknown] request [unknown] filed as a part of this declaration.  He [unknown] relinquishes any claim Whatever to a pension or an annuity except the [unknown] and he [unknown] that his name is not on the pension Roll of any [unknown] in any state.  Sworn to and [unknown] the day and year [unknown] in open court.  G W King (signature)  Gabriel Eakins (signature).

 And the Law Court do hereby declare their opinion
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that the above named applicant is a revolutionary soldier and served his state.

The State of Ohio's Brown County [unknown] 

G W King Clerk of the Court of Common Pleas of the County [unknown] do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Gabriel Eakins for a [unknown].  In Testimony whereof I have hereto set my hand and seal of office this Third day of May in the year of Our Lord one thousand eight hundred and thirty three.

G W King (signature) Clerk of Brown Country Commons Pleas.
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Gabriel Eakins or Acron Brown County Ohio

[added later in lighter font] [unknown] or Va State roles

[unknown] 7 Months & 28 days.

[unknown] Marshall . Augusta
Bracken County Kentucky
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Sir:
     The evidence in support of your claim, under the act of June 7, 1832, has been examine, and the papers are herewith returned.  The following is a statement of your case in tabular form.  On comparing these papers with the following rules and the subject 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 Gabriel Eakins, or Acron [written above line], Brown County Ohio

[Table format:]
Line #1
Period when the Service was recorded:
Enlisted July 1778 

Duration of the claimant's service: 
6 months

Rank of the claimant:
private

Name and rank of the Field officers under whom he served:
Col Gibson, Capt Heth

Age at present and place of abode he entered service:
74 years; Washington County Pennsylvania

Proof by which the declaration is supported.:
No evidence, excepted a receipt and furlo not attached to the declaration

Line #2
Period when the Service was recorded:
Served

Duration of the claimant's service: 
1 month

Rank of the claimant:
private

Name and rank of the Field officers under whom he served:
Capt Springer & [unknown]

Proof by which the declaration is supported.:
The declaration authenticated

Line #3
Period when the Service was recorded:
Served

Duration of the claimant's service: 
28 days

Rank of the claimant:
private

Name and rank of the Field officers under whom he served:
[unknown] Gooding

Proof by which the declaration is supported.:
[no entry]

[end Table]

I am, respectfully,
Your [unknown] servant,
J. L. EDWARDS,
Commissioner of Pensions
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REGULATIONS UNDER THE ACT OF JUNE 7, 1852.
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:
The Regular Troops.
Q.
The State Troops, Militia, and Volunteers.
3.
Persons employed in the Naval Service.
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.
Ste, Territy is
County of
On this
day of
A. B. a resident (b) of
person
ally appeared (a) before
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.
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
Sc.
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
and C. D. residing in (the same
subscribed and sworn to the above declaration; that we believe him to be
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 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 transact
foll.
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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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 exexpected
. 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.
Where and in what year were you born?
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.
The Soldier
Did you ever receive a discharge from the service, and if so, by whom was it giv-
, and what has become of it?
Did you ever receive a commission, and if so, by whom was it signed, and what
To an Officer has become of it?
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
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 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.
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 guidinets
The dentarant 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.
The age of the claimant must invariably be mentioned.
The declarant must mention the period or periods of the war when he served.
Every continental officer or other 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 with amount of pension he is entitled. In a case where the applicant cannot, by reason of the
loss of memory, state precisely how long in served, he should amend his declaration by making an afidavit 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, anddays
, I served as a-
For months 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, 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 his on your monthe
is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state that they served two years
in the militia, &c. without specifying the tours, the names of the officers, and other 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.
The law makes the relinquishment indispensable.
The opinion of the Court is always required.
The Clerk must give his certificate in every case.
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 pubseal
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.
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 witthe
total character and signature of the magistrate must be certified by the proper officer, under his seal of office
The notes from to are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in
note applies to continental troops only.
This traditionary evidence is indispensable in militia cases.
witness cannot be found, the declarant must state the fact.
The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.
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[outline of smaller page; appears to be title]
Gabriel Eakins
S.F. 16795
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[outline of smaller page; appears to be backside of previous page]

Fort Pitt, May [illegible] 1779
Gabriel Acron a Soldier in the 13th Virginia Regt has Leave of Absence for the Space of fifteen Days, and then Join his Respective Regt Wherever they Reside.

Given under my hand 
[signed] Robert Bratt 
Capt Commander 13 VA Regt
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16.775
INVALID.
File No.
Gabriel or Acron
Eakins
Pi[illegible] Rev Mar

Act: June 7th 32
ndex
:--Vol.

Page 108
[Arrangement of 1870.]
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February 26th 17[illegible]5
Per [unknown] of Gabriel Eakins by the hand of James Gunner his discharge as soldier in the ninth Virginia Regiment which I promised if [unknown] have his accounts settled for his Disposition of pay to Return to the said [unknown] half of what is allowed him [unknown] my hand and Also his land warrant if any be allowed him

[unknown] James Gunner
James Neal (signature)
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3-1776
Service
Va. 
Res. N enlistment in Penn.
Contents

Eakins, Gabriel
Acron
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Augusta. May 3rd 1835

Any communications will be directed to William [unknown] Marshall Augusta Bracken County KY