Revolutionary War Pension and Bounty Land Warrant Application File R. 6990, for David Mason, Virginia
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(8-1776)
SERVICE                              NUMBER
 Va,     Mason, David          R.6990
CONTENTS
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The Petition of David Mason for Pension as [illegible] Sale:
Mc Clellan
330
Rev Pen

Upside down:
And that we concur in that opinion 
Sworn to and subscribed before me this 1st day of January 1838
James S. Elton [JP]
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To The honourable [honorable] the Congress of the United States in Session Assembled in the City of Washington
           The petition of David Mason now a citizen of Hawkins County in the vicinity of Mooresburg within the state of Tennessee would most respectfully represent to your honourable  [honorable] body
that he having been long a Soldier in the Revolutionary War and having endured much for the cause of freedom and rendered many important services to his country in that struggle for liberty has always felt it his right to share with others the bounty of his country procured for those who had rendered similar services  That he has seen some other passages of the laws granting pensions to the Revolutionary officers and  solicits  known himself entitled to a pension having received the  service allowed to in the act of Congress in such cases made and provided. But however just his claim he has never been enabled to furnish all the proof required by the act of Congress to enable him under said act to a pension The act of Congress having required proof of services to be made by two witnesses and it being in the power of your petitioner to furnish proof of his services as a Revolutionary soldier by one witness only, his claim though regularly made out and forwarded to the proper Department he is informed and believes has been rejected because your petitioner had proven his services by one witness only whereas the law requires the affidavit of two witnesses to such fact
 Your petitioner would further represent that confiding in the liberality and justice of the Representatives of his country, he is encouraged again to urge his claim for a pension and desire that a special act be passed for his benefit or that you in your wisdom make some provision for him by which he can receive such pension as you may believe him entitled to.
Your petitioner would
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further add he has but little doubt in the correctness of the allegations contained in this petition that your honourable body will make due allowance for any deficiency in his proof of serving because of the great lapse of time which has intervened as also the very few survivors at this day as well as the secluded condition of the survivors their remote habitations from each other hereby want of recollection  and such like casualty which might be enumerated all of which stand in the opinion of your petitioner
come from the   proof of services as required by the law
Your petitioner would here respectfully insist now as he does not know where the individuals reside who proved his services as a soldier in the Revolutionary war that his Declaration preparatory to his claiming a pension together with the accompanying proof thereto annexed  be obtained from the Department that it be seen and inspected by your honorable body and made a part of this his petition and so far from the same may 
have been misplaced or cannot be had  your petitioner would here give a brief allusion to himself as well as that outline of the services he rendered in the United States in the Revolutionary war to wit
        Petitioner was born in Hanover County State of Virginia in the year 58 when about the age of 4 or 5 years his parents removed to Caroline County in said State, where at the age of about 17 years he enlisted in the service of the United States for 18 months in a company of cavalry commanded by a Captain Bailor that he went into service under Captain Bailor sometime thereafter  Col Washington took command of said Company with whom he continued to serve till the end of said 18 months that during which time he was in several engagements with the British while under the command of said Col Washington, to wit in an action fought at the Battle of Monmouth, also another at Germantown that shortly after the expiration of said 18 months, having served his full term he again entered the service of the United States.
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in the Regular Army as a First Lieutenant in Captain Woods company of the 1st Virginia Regiment of Regular troops that he continued to serve as First Lieutenant as aforesaid till the end of the war and while in this last service he was in several engagements with the British troops he was then sent by general Washington under general Gates and was in the battle in South Carolina against the British called Gates's Defeat he was also in the battle of Guilford North Carolina  and continued in the army till the taking of Corn Wallis [Cornwallis] at siege of York that he was in said last action at which place he was very severely injured by the firing a Cannon so near him that he had his face and head dreadfully burned  thereby the consequences of this injury greatly affects him till this day his face frequently breaking out in large and painful sores and he has no reason to hope but will continue to do so till the end of his natural life
Your petitioner would further say that his first and last discharges from the army have been lost or misplaced so that he has it not in his power to produce [illegible] [illegible] he served out the full term of each engagement that 9 or 10 years ago he came from Virginia to the state of Tennessee where he has ever since resided and that he is now in his eightieth year since the 2nd day of April last
petitioner would further say that being in necessitous circumstances and from age and infirmity being unable to support by his labour [labor] and having settled amongst strangers he is compelled of necessity to throw himself on their individual charity and
Your petitioner will here say he has fought for his country in the Revolutionary war he has suffered much for his country and cannot but hope that at his advanced age his services will be remembered and that he will still receive some aid from his government which will free him from want during the remainder of his life.
December 26th 1837 David Mason
State of Tennessee Hawkins County
Personally came before us
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James L  Elton and Elisha Jackson two of the acting Justices of the Peace for the county and State aforesaid the above petitioner David Mason aged about eighty years who being duly sworn according to said deposition and  said  that the facts and statements contained in his foregoing petition are all just and true to the best of his knowledge  recollection  and belief  he further states that he relinquishes any claim whatever to a pension except the present and declares that his name 
is not on the pension rool [roll] of the agency of any state or territory of the United States
 David Manson 
Sworn to and subscribed before
as this 5th day of January 1838
James L Elton (JP)
Elisha Jackson (JP)
State of Tennessee
Hawkins County
Personally came before me James L Elton a Justice of the Peace for the county and State aforesaid Cleon Moore   
Robert Hale residing in the same county with David Mason the above petitioner who he has subscribed the above affidavit that we believe him to be about the age of eighty years that he is reputed and believed in the neighbourhood [neighborhood] where he resides to have been a soldier in the Revolution and that we concur in that opinion.
Sworn to and subscribed before me this 5th day of January 1838
James L Elton (JP)
Cleon Moore 
Robert Hale
Per pin 
330 
McClellan
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Rogersville 24th August 1836
Sir
Enclosed I return to the department the application of David Mason for a pension, proof as you will see was required of the old men, and he being very old and [illegible] could not go in search of it, a time the matter has stated that the other day he accidentally fell in with [illegible] of his old acquaintances by whom he has made the proof herein enclosed, which I hope will be satisfactory to the department, You will inspect his claim and advise me of the result
I am respectfully your obedient servant
W. O. Winston
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David Mason
Tennessee
Suspended,
Let 13 Sept 1836
W. O. Winston
to Hon. A. McClellan, Jan 29 1838
6990
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6996
P. O.
David Mason
Service:
[illegible] Colo Washington Va
REJECTED
Enlisted:                                  ,18
Discharged:                            ,18
Application filed:                  ,18
Alleges:
Re-enlisted:
Attorney:
P. O.
Recognized.                  Contract
Cert. of Dis.           Searched for            ,18
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BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of David Mason   which require further proof or explanation.
I. Does the declaration show where the applicant resides? Yes
II. Did the declarant make the declaration in the county where he resides? Yes
III. If the applicant did not make the declaration in the county where he resides, is there any reason assigned for his not doing so?
IV. Has the declarant mentioned the period or periods of the war when he served? yes
V.* Has he mentioned 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? yes
VI. Has he given the names of the officers under whom he served, in conformity with the regulations? yes
VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832? Yes
VIII. Has the Court given their opinion? yes
IX. Has the Clerk given his certificate? 	yes
X. Is the Clerk’s seal affixed? And if so, has it a device or inscription by which it can be distinguished from any other seal? yes
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XI. Has the applicant obtained the evidence of a clergyman and another respectable citizen as to their belief respecting his age and the general belief in his neighborhood relative to his revolutionary service?  [illegible]
XII. If the clergyman’s affidavit has not been produced, is there any reason assigned for not obtaining it? [illegible]
XIII. If the applicant has no documentary evidence, and has not obtained the testimony of at least one living witness, has he stated in his declaration that such proof cannot be had? no
XIV. If the applicant’s name is not found on the rolls of military service, has he produced a witness or witnesses as to his service? No
If he has produced direct proof as to service, has the magistrate who administered the oath certified to the credibility of the witness or witnesses? yes
Has the proper officer certified to the official character and signature of the magistrate as the regulations direct? yes
XV. Does it appear from any of the papers that the witness was in such a situation, or of such an age, as to have a personal knowledge of the applicant’s service?

XVI. Are the papers authenticated as the regulations direct? yes
XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered?
EXPLANATORY NOTES.
*QUERE V. 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.
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3
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 three or four months  is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state 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 shewn 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.
QUERE XIV. 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 claimants 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 [illegible] office.
QUERE XVI. 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 paper 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.

In every case where the clerk of the court, or other certifying officer, 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.

Should shew from   he received his [illegible] as a Lieutenant, and prove by the testimony of credible witnesses that he served as a Lieutenant.
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WAR DEPARTMENT,
Pension Office,
April 18th 1833
SIR :
I return herewith the papers in support of the claim of the person whose name is hereto annexed.
These papers are in several respects defective. This case is accompanied by a brief. The objections are contained in the negative answers, in red ink, given to the questions.
Particular attention should be paid to the accompanying regulations and to the explanatory notes subjoined to the brief.
The extraordinary press of business in this office, arising from the great number of claims under the act of June 7, 1832, has hitherto prevented us from attending to the applications sent by you. The investigation of the cases presented under this law has been difficult and laborious, and notwithstanding the greatest exertions have been made by this Department, an earlier attention to your business has been found impracticable.
The brief has been prepared to meet all cases, and thus to save the excessive labor which would otherwise be imposed upon the office, and which would consume so much time as to render the delay two fold greater than it now is in the investigation of claims and writing letters. Each case is considered correct in all respects except in relation to those questions to which a negative answer is affixed. No other alteration or addition will be required.
I am, respectfully,
Your obedient servant,
J. L. Edwards
[illegible]
Rogersville
Tennessee

David Mason
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David Mason
Hawkins Co. Tenn:
Ref. Act 1832 - Sent papers
to Hon. A. McClellan
AR
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to the Committee
of Revolutionary
Pensions
Yours,
A. McClellan
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Washington City May 28th -1838
To the Committee
upon Revolutionary Pensions
Gentleman
I am well acquainted
with Cleon Moore & Robert Hall—who certify
that they believe David Mason was a soldier
in the Revolution—from my knowledge of
them I can say that I believe them respectable
of saying or swearing to anything without
they had good reasons for believing so
I am and have been well acquainted
with Nicholas Fain the Justice of the Peace
before who Benjamin [illegible] the witness
was sworne [sworn], for twenty-five years and
my long acquaintance with him warrants
me to say that Fair believed Hughes the 
witness was telling the truth or he would
not have sworn him—my knowledge
of the [eligible] of all the Justices of the
Peace and men [illegible] in the case
of David Mason warrants me in believing
that he was a soldier in the Revolution—
and if so is entitled to relief—I hope you
will give his claims a favourable [favorable] consideration as he is old and needy
Yours Respectfully
A,McClellan of  Penn.
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(Copy.)
War Department,
Pension Office,
September 15, 1836.
Sir,
The papers in the case of David Mason have been again examined and filed with suspended cases in this Office. Before a final decision can be had he should give as full and specifie statement of his services from the time of his enlistment until the surrender of Cornwallis,
at which time he states he was discharged. There
were no enlistments in 1776 for the war, nor were
those who enlisted for the war discharged at the time
of the surrender of Cornwallis. The applicants’ name
is not found on the rolls of service in this Office.
The testimony of two witnesses is therefore required.
It was not customary to commission persons from the
ranks. If the applicant was commissioned as a Lieutenant
and he should state under what circumstances the commission
was given, the place, and time.
I am, respectfully,
your obt. servt.
(signed) J. L. Edwards.

W. O. Winston, Esq.
Rogersville,
Tennessee.
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9969 (mason)
David Mason
Tennessee
Feb. 14  1838
Refd [referred] to the Committee
on Revy [Revolutionary] Pensions


Jan 4. 1840
Refd [referred] under rule to Comee [committee] on Rev Pensions
March 5, 1840 Comee [committee] disd [discussed] [illegible]
Pri c. [Washington [illegible] [illegible]

McClellan   Ten
26th
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State of Tennessee
Hawkins County
Personally appeared before me Nicholas Fain,
one of the acting Justices of the Peace in
and for the county & state aforesaid, Benjamin
Hughes, now a pensioner of the United States and residing at this time in Smith County in the State of Tennessee, who after being duly sworn according to law, deposeth and saith that he is now in his 76th years of his age, that he now lives in Smith County in the State of Tennessee, that he formerly lived in Campbell County Virginia, where he was living when he applied for and obtained his pension that better than two years ago he moved from Virginia to the county where he now lives, and that now he is on his return home, from The City of Richmond, having gone on there to see
about transferring the payment of his pension from Richmond to Nashville that he fell in with his old acquaintance David Mason with whom he formed an acquaintance during Revolutionary War. This affiant further states that during the Revolutionary war he belonged to a company of infantry, and became
acquainted with David Mason the above applicant for a pension, that he did not belong to the said Regiment with the said Mason, but that he was well acquainted with him during the war, and saw him very often during the war, that he was in the service as an enlisted soldier, and knows him to have served
for at least two years during the Revolutionary
war. This affiant further states that he was in several battles with the said David Mason during the Revolutionary War. Viz The battles of Brandywine and the siege of York, that he also saw the said Mason in company with those who guarded the prisoners taken
at the siege of York on their march to Winchester Affiant further states that the affiant is the same David Mason he knew during the Revolutionary War, and that he is enlisted to a pension for such service
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The further states that the way he happened to fall in with the said Mason at this time was as follows, this affiant stated in the neighbourhood of the said Mason to lose his horse feed and the landlord enquired where he had been. This affiant told him that he was a prisoner & formerly lived in Virginia & that he had then been to see about transferring his junction from Richmond to Nashville, that the landlord there named the said Mason with whom this affiant had been acquainted. affiant went to see his old acquaintance and ascertained from him that several years ago he had applied for his pension but an account of not having proof of his service it was not allowed him, so that he was glad to see this affiant by whom he could prove his services. Sworn to and subscribed before Benjamin Hughes[illegible] this 22nd day of august 1836
N. Sain, Justice of the Peace of Hawkins County
State of Tennessee,
Hawkins County: I William H. Winton Clerk of the County Court of the County aforesaid in the State aforesaid, do hereby certify that Nicholas Fain whose signature appears to the foregoing Deposition of Benjamin Hughes is now and was at the time of signing the same an acting Justice of the Peace in and for said county duly commissioned and qualified, and that said signature appears in his own proper handwriting
Given under my hand and seal of Office at Office in Rogersville the 24th day of August A.D. 1836
W. O. Winston, Clerk
[Illegible paper seal with ribbon attached: Seal appears to have balance of justice graphic in middle]
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State of Tennessee
Hawkins County
August Sessions 1832
On this 29th day of August 1832 personally appeared before the justices in open court of the Court of Pleas & Quarter Sessions for the county now sitting. David Mason a resident of said county & state aged about 75 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 1776 with Capt Baylor, served in the first regiment of the Virginia line under the following named officers Capt. Baylor, Batt  of the
cavalry under whom he enlisted, but afterward Col. Washington took the command under whom this applicant then served the field officers were Col. [illegible] Richardson, Col. Campbell, Maj Cary or Kary as well as this applicant now recollects that he entered the army in 1776 & continued till the close of the war, which took place by the surrender of Cornwallis at the siege of Yorktown which happened in October 1781, he resided in Berkshire County in the State of Virginia at the time when he entered the service, that after he enlisted the regiment marched to Winchester in the State of Virginia & from thence through Maryland into the State of Pennsylvania where they joined the grand army that during his service in the [illegible] he was was in
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the battles of Brandywine of Germantown that after the battle of Germantown he attached himself to to [sic] a foot company under capt Horn in said regiment where he served as first Lieutenant that after he attached himself to the foot company he was in the battles of Monmouth of Camden in the latter he was wounded in the in the calf of his right leg & the siege of Yorktown where his service served that he was discharged at Fredericksburg & has by some means lost his discharge
 He hereby relinquishes every claim whatever to a pension or an annuity except the present, & he declares that his name is not on the pension roll of any agency in any state agency in any state, or if any, only on that of the agency in the state of Virginia 
Sworn to & Subscribed the day and year aforesaid.
David Mason
And the said court do hereby declare their opinion that the above-named applicant was a revolutionary soldier, & served as he states.
August the 29th 1832
[illegible] Hamblin
[illegible] [illegible]
Thos. Gillenwaters
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State of Tennessee
Hawkins County
Court of Pleas &c
August Session 1832
I, Stockley D. Mitchell, Clerk of the Court of Pleas & Quarter Sessions of said county, do hereby certify that the foregoing contains the original proceedings of the said court in the matter of the application of David Mason for a pension 
In testimony whereof I have set my hand & seal of office this 29th day of August 1832.
SD Mitchell Clk
By M Mitchell D Clk