Revolutionary War Pension and Bounty Land Warrant Application File S. 40,641, John Warner, Va.
Page 1

(3-1776)

SERVICE
Va.

Warner, John.

NUMBER
S. 40,641
B. L. Wt. 1181-100
----------------------------
CONTENTS

[rest of card blank]
Page 2

Warrant No 1181. issued
in the name of John
Warner who was a private
in the Virginia line
May 22nd 1826

Deliv[raised d] to Hon J S Stevenson
Page 3

[left-hand side of page]

Settled to Poun. 20 Feb 1845 [appears to have a pencil line through it]

[right-hand side of page]

17.8082
Pennsylvania.
Pittsburgh Agency
----------------------------
John Warner
of Alleg[raised y] Co.[raised y] in the State of Penns[raised a],
who was a private in the regiment commanded by
Colonel Spotswood, of the Virginia
line, for the term of six years.
---------------------------
Inscribed on the Roll of Pennsylvania,
at the rate of 8 Dollars per month, to commence on
the 30. of August, 1820.
---------------------------
Certificate of Pension issued the 21. of Sept. 1826
and sent to R. Walker, agent
Pittsburg, Pennsylvania
----------------------------
Arrears to 4th of Sept. 1820.. $1.58
Semi-anl. all'ce ending 4. March  1821   48 "  
$:49.58 [double underlined]

Om. 2/31. & }
4/30.             }

{Revolutionary Claim, }
{Act 18th March, 1818.}
and 1st. May }
1820. . .          }

[faded handwriting at bottom--not sure if belongs to this page]
Page 4

DEPARTMENT OF WAR.
-------
Regulations for the Officers and Soldiers of the Revolutionary War who acquired a right to Land from the United States, but have not received it.

By an Act of Congress of the 16th September, 1776 it is provided, that the Officers and Soldiers who engaged for, and continued to serve, during the War, or until discharged by Congress, shall receive land in proportion to their rank.

N. B. Those who engaged for three years, or for any other period than during the war, are not entitled to land from the United States.

The following declaration must be filled up and sworn to by the claimant:

State of Pennsylvania  }
County of Allegheny--} ss

I, John Warner-----aged seventy three (the 26 Nov next) years, do, upon oath, testify and declare, that, in the year one thousand seven hundred and seventy seven Janry 7th I enlisted for the term of "3 years," and served in the regiment No. Second Virginia under the command of Colonel Alexander Spottswood of the Virginia line; and continued in the service aforesaid ^ for 2. years & 11 months untill [sic] for & during the war [illegible] continued in the service aforesaid until the close of the war, when I was regularly discharged from the first Virginia - regiment, commanded by Colonel Samuel Hawes, my discharge was by Genl Lincoln 
I further declare, that I have never received a warrant for the Bounty Land promised to me on the part of the United States; nor have I ever assigned or transferred my claim in any manner whatsoever: therefore,

KNOW all men by these presents, that I, John Warner aforesaid do hereby constitute and appoint the Hon John S. Stevenson to be my true and lawful attorney, for me and in my name to demand and receive from the Secretary of War of the United States, a warrant for the quantity of Land due to me as aforesaid; and my said attorney is hereby fully authorized and empowered to constitute and appoint one or more substitutes or attorneys under him, for the special purposes above expressed.

Attest,                          John Warner [seal]
M B Lowrie

Before me, an Attorney in & for the City of Pittsburgh & Justice of the Peace for Allegheny County personally appeared the above named John Warner (to me well known) & subscriber to the foregoing declaration, and in my presence acknowledged the power of attorney thereto subjoined, to be his free act and deed; and, likewise, personally appeared James Keep who hath subscribed the above certificate of identity, both to me well known to be men of respectability and truth, and made solemn oath to the truth of the depositions by them respectively subscribed, this fifteenth day of May 1826
M B Lowrie Allegheny Justice of the Peace.

Commonwealth of Pennsylvania }
Allegheny County                        } ss

In testimony that the abovewritten Matthew B Lowrie was a magistrate authorized to administer oaths, and take acknowledgments, &c. in the State of Pennsylvania at the above date, and that his name there subscribed appears to me to be his usual signature, I have hereunto affixed the county seal, and subscribed my name and quality, at Pittsburgh this fifteenth day of May 1826

Wm. McCarroll
Prothonotary

This law expires 3d March, 1827.
Page 5

To the Honourable [sic] the Secretary of the Department of War of the United States

State of Pennsylvania   }
& County of Allegheny } SS.

The Declaration under oath of John Warner an applicant for a pension in virtue of the Act of Congress entitled "an Act to provide for certain persons engaged in the land and Naval Service of the United States in the Revolutionary War"

Respectfully sheweth  

That he is a resident citizen of the U. States and actually resides in the City of Pittsburgh, and that he served in the Revolution against the Common Enemy.

That on the 4th of January 1777 he enlisted as a private soldier at Leesburg in Capt. John Peyton Harrisons Company of the Second Regiment of Infantry, Virginia line, in which he served 2 years, and in December 1779 re-enlisted under the same Captain and in the same Regt. to serve during the war.  The Regt. was then commanded by Col. Christian Febiger.
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In 1782 he was transferred to Captain Abraham Kirkpatricks Company in the 1st Regt. commanded by Col. Samuel Hawes.

He was in the Battles of Monmouth; of Germantown, and in the siege of Ft. Mifflin upon Mud Island.

He was also at the Capture of Lord Cornwallis.

He received 3 wounds; in the hand; shoulder; & hip, which have disabled him from earning a subsistence by his labours. [sic]

In the year 1783 he was honourably [sic] discharged by Col. Hawes at Winchester.  His discharge was signed by Genl. Linkhorn.

Like many other of his fellow soldiers he has lost his discharge, as he had not foreseen it ever would have been of any use to him.  He is therefore unable to give any better evidence of such discharge.

He is in his Sixty fifth year of his age.
Page 7

Allegheny County} Ss.

Before me President of the fifth judicial district of Pennsylvania personally came the aforesaid applicant who being duly sworn saith that the facts as stated in the foregoing application are true to the best of his remembrance and that from his reduced circumstances he needs the assistant of his County for his support.

John Warner [signature]

Sworn & subscribed  }
this First day of May  }
AD 1818 -------------}

Saml Roberts [signature]
Page 8

[written sideways in left-hand margin]

evidence of circumstances as entered 
Service admitted
(Jno. Warner)

Allegheny County { Ss.

I Ephraim Pentland, Prothonotary of the Court of Common Pleas for the said County, do hereby by these presents certify that Samuel Roberts, Esqr. before whom the foregoing deposition was taken, and who has hereunto in his own proper hand writing subscribed his name, was at the time of taking such deposition and now is President of the fifth Judicial District of Pennsylvania to all whose Acts as such due faith and credit are and of right ought to be given throughout the United States & elsewhere.

In testimony Whereof I have hereunto
set my hand and affixed the seal
of the said Court at the City of
Pittsburgh this 5th May A.D. 1818 ~

Christian  F Prothy
Page 9

Otsego O. Feb 10/45
John Warner
for transfer of his 
pension.

No. [?] 37 Recd Feb 18/45
Pension Office


[written in faded handwriting upside down]

To the Secretary of War
Washington City
D. C.
[illegible]

[handwriting at bottom is illegible]
Page 10

Otsego O. Feb 10/45
John Warner
for transfer of his
pension.
Mr. Evans
No. [?] 37 Recd Feb 18/45
Pension Office

To the Secretary of War
Washington City
Ostego D.C.
Feby 14/82
Page 11

Otsego Muskingum Co Ohio
Feb 10th 1845
To the Secretary of War
Honored Sir -
As I have removed to the above County, I desire to be transfered on the Pension list from the Pennsylvania Agency to the Ohio Agency. You will find certificate Registered. in Book B. Volume 7 Page 178
Your attention to the above will be Thankfully received by your
Obedient Servant
John x his mark Warner
Page 12

17,378.
John Warner,
Allegheny Co. Pa. The application of John
30. August, 1820. Warner for a pension
Colo. Spotswood's
regiment, Virga.
line, January,
1777  to end of the war.
found on the rolls.
No property.
Admitted.
R. Walker, agent,
Pittsburg, Penna.
7, Sept: 1820.
Page 13

Among the pleas enrolled in the District court of the United States for the Western District of Pennsylvania are the following Extracted from the Records of an addressed court in said district held at Pittsburg on the Ninteenth day of August eighteen hundred and twenty and of the Independence of the United States the forty fifth-

United States of America
Western District of Pennsylvania SS
On this 30th day of August 1820 personally appeared in open court, being a court of record for the said district John Warner aged 66 years who being first duly sworn according to law doth on his make the following declaration, in order to obtain the provision made by the acts of Congress of the 18th of March 1818 and the first day of May 1820 that he the said John Warner enlisted for the term of three years on the seventh day of January in the year 1777 in the State of Virginia in the company commanded by Capt Peyton Harrison in the 2d Virginia Regiment commanded by Col. Alexander Spotswood in the line of the state of Virginia on the Infantry continental establishment; that he continued to serve in the said corps until the ninth of December 1779 when he re-inlisted in the same company & regiment for and during the war that the regiment was then commanded by Col Cristian Febiger and the company (after Capt. Harrison) commanded by Capt Abraham Kirkpatrick That he served in the said corps until the conclusion of the war in 1783 when he was discharged from the said service in Winchester, Virginia - and that his discharge is lost. That he was in the battles of Brandywine, Monmouth, Mud Island, Stoney Point, & York town - and that he has no other evidence now in his power of his said services except this his own declaration, that in April 1818 he applied for a pension which was transmitted to the Secretary of War & no return has ever been made to the same. - And in pursuance of the act of the 1st of May 1820 I do solemnly swear that I was a resident citizen of the United States on the 18th day of March 1818 and that I have not by sale, or in any manner
Page 14

ninth of December 1779 when he reinlisted in the same company & regiment for and during the war that the regiment was then commanded by Col Cristian Febiger and the company (after Capt Harrison) commanded by Capt Abraham Kirkpatrick That he served in the said corps untill the conclusion of the war in 1783 when he was discharged from the said service in Winchester, Virginia- and that his discharge is lost. That he was in the battles of Brandywine, Monmouth, Mud Island, Stoney Point, & York town - and that he has no other evidence now in his power of his said services except this his own declaration, that in April 1818 he applied for a pension which was transmitted to the Secretary of War & no return has ever been made to the same. - And in pursuance of the act of the 1st of May 1820 He solemnly swears that I was a resident citizen of the United States on the 18th day of March 1818 and that I have not since that time, by git sale or in any manner disposed of my property or any part thereof, with intent, thereby to diminish it as to bring myself within the provisions of an act of Congress, entitled An act to provide for certain persons engaged in the land and naval service of the United States in the Revolutionary War" passed on the 18th day of March one thousand eight hundred and eighteen, and that I have not nor has any person in trust for me any property or securities contracts or debts due to me; nor have I any income other than what is contained in the schedule hereto annexed and by me subscribed - deponent has no property
Page 15

his occupation was a labourer but the old age and two wounds seen in the service in the hand and shoulder he is unable to pursue it, that he has no family residing with him & that he is such indigent circumstances as to be unable to support himself without the assistance of his country-
Sworn to and Declared on the 30th day of August 1820 before the judge of said court -
John Warner
Jonathan H Walker
Page 16

ansd. July 27, 1827
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Pittsburgh July 21 1827
Sir, I have the honor to enclose the original declaration of John Warner a revolutionary Soldier,
His name is already placed on the pension list, but his pension commenced only from the 30th day of August 1820 whereas he derives he is clearly entitled, under the law of 1818, to have it commence on the 1st day of May 1818, the date of the original declaration.
By a utterance in the declaration herewith sent, it will be clear that it was acted on by the department - that his services were admitted - and that it was sent back merely for the purpose of obtaining the Judge's certificate as to his belief of service and reduced circumstances, of the applicant. But the Judge having mislaid the declaration it could not be found, and the old soldier, after waiting, two years, was obliged to send on a new one, and it was not till yesterday that the old declaration was, by accident discovered among the papers of the late Judge Roberts.
Under the circumstances, I am
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induced to believe that the Secretary of War will direct that the money due from the 1st May 1818 to 30th August 1820 be paid to the old soldier.
In answer to my letter respecting John Clark 4th. I am advised to send his certificate of pension to the War Department as it is said to be of no use unless he should apply for a continuance under the Act of May 1820.
I humbly conceive this opinion to be erroneous, for surely, if he could not bring his case within the provisions of that Act, it should never apply still in my opinion he would be entitled to receive his pension from the date mentioned in the Certificate up to the 4th March 1820.
I have therefore thought proper to retain the Certificate. I wished to know as there appear to be several of the same name to what regiment and company John Clark 4th belonged that there might be no mistake in delivering the certificate.
I have the honor to be 
Very Respectfully
Your Ob. Sert
J. A. Roberts
To The Hon.
James Barbour
Page 19

FREE
To, 
The Hon. James Barbour
Secy of War
Washington
D.C.
ansd. Aug. 14. 1827

Pension Office
August 11 - 1827
Page 20

Pittsburgh Augt. 2d 1827
Sir,
In reply to my letter respecting the claim of John Warner, you are pleased to observe "that the 3d Sect of the Act of Congress of the 1st. March 1823 prevents the Secy of War from allowing Jno Warner's pension to commence in 1818 as it declares - that no pension hereafter to be allowed on claims as schedules heretofore filed under the Acts to which this is a supplement &c shall commence before the passage thereof and all other pensions hereafter to be allowed & shall commence from the time of completing the proof."
Now certainly this Act has nothing to do with a pension which has been allowed nearly three years before its passage. To give it such a constructive would be manifestly unjust Indeed the words of the law say, as plainly as words can say that it shall only relate to pensions hereafter to be allowed - "No pension hereafter to be allowed &c and all pensions hereafter to be allowed under the Acts aforesaid shall commence &c. Now it is not evident that this section declares what the law shall be in future in relation to cases therein specified. 
The
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The law is not retrospective in its operation neither can it destroy a vested right. John Warner was entitled under the 3d. Sect of the Act of 18th March 1818 to have his pension commence on the day that his declaration under oath bore date. The sect. is in these words - "Every pension by virtue of this act shall commence on the day that the declaration under oath or affirmation prescribed in the foregoing section shall be made." Now under this act John Warner applies for a pension and his declaration under oath is dated June 1818- his services are admitted and his declaration is sent back for the Judge's certificate who mislays the petition Now shall this act of the Judge's deprive the soldier of two years pension - For there can be be no question that if the Judge had made the Certificate & sent it to the Department that the pension would have commenced in June 1818
I cannot but hope that the Secretary of War when he re considers the matter will see it in the same light that I do - that the Act of 1st March 1823 does not, neither can it, interfere with the claim of John Warner and others, Similarly situated - and will direct that the arrearages due Jno. Warner be paid him.
I am Respectfully
Your Obt. Ser.
S. A. Roberts
The Hon
The Secy of War
Page 22

[illegible] 1845
John Warner
Page 23

442
Pension Office
Feby 20th 1845.
Sir,
In answer to your letter of the 10th inst., I have to inform you that the enclosed printed instructions should be strictly complied with, in order that your name may be transferred from the Pittsburgh to the Ohio Agency.
I am &c.
Mr John Warner
U. S. Pensioner
Otsego
Muskingum County
Ohio
Page 24

40641 July 10, 1915 history to
INVALID. Adj Genl. of N. J. Trenton-
Revy Om
File No. 40,641
John Warner
Pri Rev War
Act: 18" March 18"
Index:-Vol. 3, Page 534
Arrangement of 1870.
Page 25

OM STATE OF NEW JERSEY
OFFICE OF ADJUTANT GENERAL. 
FIRST
DEPUTY COMMISSIONER
JUL 8 1905
U.S.
PENSION OFFICE.
OLD WAR & NAVY
JUL 8 1905
FILES
GW
Trenton, July 7, 1905.
The Commissioner of Pensions,
Washington, D.C.
Sir:
The rejected pension case of Abner Bedell, Rejected No. 699, Revolutionary War, contains the names of two witnesses to his claim - John Warner (residing, Allegheny County, Pennsylvania, 1834), and William Hershell (residing, Allegheny County, Pennsylvania, 1834), who state they served with the claimant as Captain in the militia.
Mr. Godfrey took no transcripts of the pension applications, if any, of the witnesses referred to. Will you please cause a search to be made and ascertain whether these witnesses were ever pensioners, and if so, the number of their claims and whether their services relate to Pennsylvania or New Jersey?
I would thank you very much if we could have this information by an early mail.
Very respectfully,
R Haber Krinthall
Adjutant-General.
Page 26

I. 40,641.
The above is a record of the
Only Rev. Pen. named John Warner resident of Pennsylvania
17,808