Revolutionary War Pension and Bounty Land Warrant Application File S. 2,980, Samuel Beard, Va.
Page 1

[typed form, with handwritten responses]

[3-1776]

SERVICE
Va

Beard, Samuel

NUMBER
S.2,980

Carded
CONTENTS
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[typed form, with handwritten responses]

26,815
West Tennessee

Samuel Beard
of Henderson Co. in the State of Tennessee
who was a Private in the Company commanded
by Captain Prior of the Regt [Regiment] commanded
by Col. ---- in the Virginia
line for 6 months

Inscribed on the Roll of West Tennessee
at the rate of 20 Dollars --- Cents per annum,
to commence on the 4th day of March 1831.

Certificate of Pension issued the 6th day of June
1834 and sent Hon. W. C. Dunlop H of Reps [House of Representatives]

Arrears to the 4th of March 1834 - $60.00
Semi=anl. [annual] allowance ending 4 Sept. $10.00
$70.00
{Revolutionary Claim}
{Act June 7, 1832}
Recorded by D D Addison, Clerk
Book E3 Vol. 7 Page 82
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Declaration of Samuel Beard 
under the act of Congress passed June 7th 1832
Amended the 
Amendment within
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Declaration in order to obtain the benefit of the Act of Congress passed June 7th 1832 -
The State of Tennessee} 
Henderson County} Court of pleas and Quarter Sessions August Term 1832 

On this 18th day of August 1832 personally appeared in open Court before the Justices of the Court of pleas and quarter Sessions for the County of Henderson in the State of Tennessee, [words crossed out] Samuel Beard a Citizen and resident of the said County and State aforesaid aged seventy eight years last June 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.

This Declarant entered the service of the United States about three or four weeks after the Battle of Guilford Courthouse [15 Mar 1781] as a volunteer Militia Private from the County of Bottetourt [sic: Botetourt] in the State of Virginia his place of nativity in the company of Volunteer Militia from the said County & State commanded by Captain Joe Prior [sic: Joseph Pryor] his Lieutenant was John Beard his Brother. in this Company this declarant marched from Bottetourt [Botetourt] County to Bottom’s Bridge below Richmond on James River [sic: Bottoms Bridge on Chickahominy River] and joined the Army under the command of Brigadier General Muhlenberg –– but to what Regiment he was attached or who was the immediate Commander of the same this Declarant has no distinct recollection consequently he can make no statement on oath. 

This Declarant declares and states that at the time he joined General Muhlenburg’s Brigade on James River that Generals Washington Rochambeau and LaFayette with the regular army lay on
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the opposite side of the river – a few days after this the whole including his brigade being moved on to little York and invested the Town. So soon as Lord Cornwallis was Captured [19 Oct 1781] the Company to which he belonged was discharged and this declarant returned home. The Company to which this declarant belonged was Drafted from the Regiment commanded by Colonel Skillings [sic: George Skillern] of Botetourt County. 

This Declarant further declares that [Illegible] to this period that he once volunteered under Captain Alexander Hondley who commanded a Volunteer Company made up from the aforesaid Regiment commanded by Colonel Skillings in this Company. This declarant marched on to the borders of North Carolina this tour lasted only for about six weeks and was some short time before the Battle of Guilford, but how long this Declarant Does not now recollect. This Declarant states that he has no Documentary evidence nor does he know of any person whose testimony he can procure who can testify to his service – This declarant 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 the Agency of any State. 
[signed] Samuel Beard

Sworn to and subscribed in Open Court 18th August 1832 
[signed] Samuel Beard 
Jno Mc Clellan

We Felix W Henry an acting Justice of the peace in and for the County of Henderson in the State of Tennessee and John Cooper residing in the same County hereby certify that we are well acquainted with Samuel Beard who has subscribed and sworn to the above Declaration that we believe him to of seventy eight years of age that he is reputed and believed in the neighborhood where he resides to have been a militia Soldier of the Revolution and that we concur in that opinion 
Sworn and subscribed to in open Court the day and year aforesaid}
F. W. Henry JP
John Cooper
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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 militia Revolutionary Soldier and served as he states and the Court further certifies that Felix Henry is an acting Justice of the peace for the County of Henderson in the State aforesaid and that John Cooper who he also signed the same is a resident in the same County and State and is a credible person and that their Statement is entitled to credit. Given under our hand in open this 18th day of August 1832 
Jn Howell JP
A Brown JP
Robert Boss JP
Saml. G. Bell JP

I John A Wilson Clerk of the Court of Pleas and Quarter sessions do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Samuel Beard for a pension – 
In Testimony whereof I have hereunto set my hand and Seal of Office this 18th day of August 1832 
John A. Wilson Clk [Clerk]
By Jno McClellan D. C.
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[written upside down] No. 8122
Declaration of Samuel Beard under the Act of Congress passed June 7th 1832 Amended the Amendment within

The State of Tennessee 
Henderson County 
I William H. Burton Chairman the Court of Pleas and Quarter [Sessions] in and for the County and State aforesaid do hereby certify that John A Wilson who has signed the preceding certificate is and was at & the time of signing the same Clerk of the said Court and that his said certificate is in due form of said law that full faith and credit an due and should be given to all his official acts as such. Given under my hand and seal this 17th day of May 1834
William H. Burton Chairman
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The amended Declaration of Samuel Beard in order to obtain the benefit of the act of Congress passed June 7th 1832. 
On this 14th day of April in the year of our Lord 1834 personally appeared in open Court it being the circuit Court held in and for the County of Henderson State of Tennessee and also a Court of Record Samuel Beard a Citizen and Resident of the County and State aforesaid aged seventy nine years in June 1832 who being first duly sworn according to Law doth on his oath make the following amended Declaration in order to obtain the benefit of the act of Congress passed June 7th 1832. 
This Declarent [declarant] states that in his former Declaration he Omitted to mention his previous services in the United States on the frontiers of Virginia in the neighborhood of the Warm and hot Springs and the adjacent mountains this tract of Country he believes is now embraced in the Counties of Bath and Greenbriar [Greenbrier] not supposing or having been apprised that he was entitled to any thing for those services under the present act of Congress.
First Tour of service. This Declarant states that in the year 1779 in the month of April or first of May of that year he entered the service of the United States as a private Militia Volunteer Soldier from the County of Bottetourt [Botetourt] in the State of Virginia in the Regiment commanded by Colonel John Deckerson or Deckinson [John Dickenson]. This
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Regiment was composed altogether of Volunteers from the said County of Bottetourt [Botetourt] and the service of which was for the protection of the Frontiers of Virginia against the incursions and ravages of the Shawnee Indians who were then investing in large Bodies those Frontiers and which as before stated were in the neighborhood of the hot and warm springs and compose as he believes the Counties of Bath and Greenbriar. The Companies composing the Regiment were Detailed off on those frontiers in order to give more security and at the same time of extending the line of observation to give more Efficiency in checking those incursions and at the same time chastising those Savages. This Declarant states that he faithfully served from the month of April or first of May 1779 untill [until] the month of Appril [April] or first of May 1781 as private Militia Volunteer Soldier During all of which Tour of service he acted as a Spie [spy] thus making two entire years of service in the United States. his Officers were Colonel John Deckerson or Deckinson the commander of the Regiment, his Captain was John Beard his Brother who afterwards served as Lieutenant under Captain Prior his Lieutenant was by the name of John Paterson his Major’s name not recollected. The companies of this Regiment acted as Scouts and were not stationary and moved wherever danger called them and the exigency of the Frontiers required their services in the Summer Spring and Fall they were in continual and active service in the Winter they forted or rather took up their quarters in Forts upon those Frontiers [The following paragraph marked “omit”] (From this Tour of sevice [service] as thus stated
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This Declarant received a written discharge and which he has long since lost never supposing that it would have been of any service to him and which was signed by his Colonell [Colonel] John Deckerson or Dickenson [John Dickenson] Thus Ends the first Tour of Service.
Second Tour 
This Declarant States that in the month of April in the year 1781 [several words crossed out and illegible] he entered the service of the United States as [a] volunteer Militia Private Soldier in the Regiment of Botetourt Militia commanded by Colonel Skilling or Skelling [George Skillern], in the company commanded by Captain Joe Prior his Lieutenant was John Beard his former Captain in the Indian Service and his Brother as before stated that in this Tour of service although the most of the Company to which he had joined were Drafted this Declarant nevertheless was a volunteer This Regiment Commanded by Colonel Skilings [George Skillern] in a Body never marched or joined the army when called upon they respectively stood their Draft and served accordingly being detailed off when called upon by Companies. This Tour of service commencing in April the exact day of the month (1781) and ending in [illegible words crossed out] 1781 of the same year making this Tour of Service from nine to ten months as the War Department in their wisdom may think most nuts for the historical facts as to this Tour of Service and to the joining of the
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of the Army under General Mulenburg [Brigadier General John Peter Gabriel Muhlenberg] at Bottom’s Bridge on James River when Generals Washington La Fayette and Rochambeau lay on the other side of the River (James) he begs leave to refer to his former Declaration and of which this is prayed to be taken as part. 
[The following paragraph marked “omit.”] This Declarant states that no Clergyman being in his neighborhood whom he can call to testify as to his [two or three illegible words] being a soldier of the revolution he applied as under the directions of the Secretary of to two Respectable Citizens To Wit Felix W Henry Esquire an acting Justice of the Peace of Henderson County and John Cooper of the same County men of the highest respectability for the short period of service as stated in his former Declaration under the command of Captain Alexander Handley [Alexander Handly] the Department may or may not allow him. 
This Declarant states that at the time of his joining Captain’s Prior’s Company he furnished a waggon [wagon] and Team for the purpose of conveying provisions for the Army and which waggon [wagon] for eight months after conveying the provisions of Capt. Priors Company was constantly employed in conveying provisions for the combined Armies of America and France then before York Town in Virginia for which he has never received one cent 
This Declarant states that he was regularly discharged by Major - Wilson
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his Christian name not now recollected 
(Thus ends the third tour of service including the second Tour under Captain Joe Onelly. it being so short (six weeks) this Declarant claims nothing for the same unless the Department thinks proper to give the same to him 
[signed] Samuel Beard 
April 14th 1832
E H Tarrant clk [Clerk]

Questions By the Court 

Question 1st Where and in what year were you born? 
[Answer] In the County of Bottetourt [Botetourt] in the State of Virginia, in the year 1755
Question 2 - Have you any Record of your age and if so where is it 
Answer I have the record in my mother’s Bible set down by my Father now at my son’s House a short distance from my Residence 
Question 3 - Where were you living when called into service where have you lived since the Revolutionary War and were [where] do you now live 
Answer. Whilst in the service of the United States the whole Tour being for two years and eight months and in all of which he served as a private soldier he then lived in Virginia and from thence to Kentucky and Rowan [Roane] Tennessee 
Question 4th - How were you called into Service were you Drafted did you volunteer or were you a substitute and if so for whom. 
Answer in all my Tours of Service I was a volunteer
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Question the 5th - State the names of some of the Regular officers who were with the Troops where you served such Continental and Militia Regiments and the General Circumstances of your services – 

Answer. Though answered [illegible] by the Deponent he again states that in his services in the Frontiers of Virginia including the first Tour his Colonel was John Dickson his Capt. John Beard John Patterson Lieutenant in John Dickerson of Bottetourt [Botetourt] County and which service lasted for two years during this service I had no communication with the army contending with the British consequently knew none of the officers of the Militia, Continental or Regular Officers, but when I joined the Army under the command of General Mulenburg [Muhlenberg] and which army was the day after the arrival of our Company then lay on the opposite of James River Commanded by Generals Washington Lafayette Rochambeau and which crossed over to our side Colonel Scammell was the Ajudjutant [Adjutant] General of the American Army and fell before york [York] in making a Desperate attack upon one of the Bastions of the British [Alexandria Scammell of NH, mortally wounded on 30 Sep 1781, died as a prisoner 6 Oct] 

Question 6th did you ever receive a Discharge from the service and if so by whom was it given?
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Answer. In my first tour of service on the Frontiers of Virginia from April or May 1779 to April or the first of May 1781 in both those Tours I was only a private Militia Soldier and received my Discharge from Colonel Dickerson as before stated My second Discharge was from Captain Joe Prior dated at the City of York Town Virgiginia [Virginia] Both of which discharges I have long since lost –

[Question] 7th 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 

Answer. As heretofore in my former Declaration I can refer to Felix W Henry Esquire an acting Justice of the peace of Henderson County in the State of Tennessee and John Cooper of the County and State aforesaid also to James Ross James Millicon and Robert Davison

And the said Court do hereby declare their opinion after the investigation of the matter and after putting the interrogatories prescribed as War Department that the said Samuel Beard was a revolutionary soldier and served as he states and the Court further certifies that if appears that Felix W. Henry who signed the preceding certificate in the original Declaration
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was at that time an acting Justice of the peace of the County of Henderson and State of Tennessee and that John Cooper who signed the same was a resident of said County and State that they are credible persons and that their certificate is entitled to credit. 
Joshua Haskell 
Judge of 8th Judicial Circuit held in and for the State of Tennessee and now presiding in Henderson County 

I Edward H. Tarrant Clerk of the Honorable the Circuit Court held in and for the County of Henderson in the State of Tennessee do hereby certify that the foregoing contains the amended proceedings of the said Court in the matter of the application of Samuel Beard for a Pension 
In testimony whereof have hereunto set my hand and private seal their being as yet no seal of office this 14th day of April 1834 
E H Tarrant clk [Clerk] of the Circuit Court
State of Tennessee {L. S.}
Henderson County}

I Joshua Haskel Judge of Eight Judicial Circuit held in and for the State of Tennessee and now presiding as such in Henderson County do hereby certify that Edward H Tarrant who has signed the preceding certificate is and was at the time of signing the same Clerk of said Court and that full faith and credit ought and should be given to all his official acts as such, and I further certify that is there is no seal of office to the Circuit County of Henderson County although it is a Court of Record 
Joshua Haskell Judge of the 8th Judicial Circuit &c
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8122
Samuel Beard 
Tennessee

f 1779 p 6 - $20.

by report of W C Dunlap

I agree to take a pension for six months service on claim 
W C Dunlap M. C.

Hon. W C Dunlap h r [House of Representatives]
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[typed form, with handwritten responses]

WAR DEPARTMENT 
Pension Office, 
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 compling [complying] with this request greatly facilitate the investigation of your claim. 

A Statement, shewing the Service of Saml [Samuel] Beard.

[column headings] Period when the service rendered. Duration of the claimant’s service. Years. Months. Days. Rank of the claimant. Names and Rank of the Field officers under whom he served. Age at present, and place of abode when he entered the service, Proof by which the declaration is supported.
1779 [age & place] 79 Va. [Proof] Traditionary

Service not satisfactorily stated. No engagements were made as militia man for more than 3 months. See note &c

I am respectfully 
Your obedient servant 
JAMES L. EDWARDS
Commission 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, 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. 
[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. 
1               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 day 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 bis 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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3

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 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) 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.} {To an Officer.} Did you ever receive a discharge from the service, and if so, by whom was it given and what has become of it? 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 he 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 trans nit 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 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. ln a case where the applicant cannot, by reason of 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 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 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 in 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. 
[j] In a case where the name of the applicant is not found in 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 signatures 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 to [illegible] 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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[typed form, with handwritten responses]

BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of              Samuel Beard which require further proof or explanation.

1.  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?

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? No

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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[typed form, with handwritten responses]

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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? two citizens

XII.  If the clergyman’s affidavit has not been produced, is there any reason assigned for not obtaining it? No

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? Yes

XIV.  +If the applicant has produced a witness or witnesses as to his service, has the magistrate who administered the oath certified that he, she, or they are persons of credibility? ---
Has the official character and signature of the magistrate been certified by the proper officer under his seal of office? ----

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 answered? 2, 6, 7

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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It is important in all cases to determine with precision the period for which the 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. 

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 be 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. 

QUERE XVI. 
Mode of acting papers.
In every instance where the certificate of the certifying officer who authenticated 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 end of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being properly attached to the certificate.
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Rev War
2980
INVALID Own 

File No. 2980 

Samuel Beard 
Pvt. Va, line

Act: June 7th / 32 

Index: - Vol. A Page 26 

[Arrangement of 1870.]