Revolutionary War Pension and Bounty Land Warrant Application File S. 1195, John Downey, Penn.
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(3 - 1776)
SERVICE
Penn.
Borwin Md.
CONTENTS
Downey, John
NUMBER
S. 1195
carded
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22.251
Kentucky
-----------------------------
John Downey of Henry Co in the State of Kentucky who was a private in the [illegible] commanded [by] Captain Wilson of the commanded [by] in the Penns. [Pennsylvania] line for 1 year

Inscribed on the Roll of Kentucky at the rate of 40 Dollars Cents per annum to commence on the 4th day of March, 1831.

Certificate of Pension issued the 18 day of Oct 1833 and Edward P
Thomas New Castle

Arrears to the 4th of Sept 100.00
Semi-anl. [annual] allowance ending 4 Mar 20 00
120 00

{Revolutionary Claim, Act June 7, 1832.}

Recorded by Danl [Daniel] Boyd Clerk,
Book E Vol. 7 Page 7
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State of Kentucky - Henry County Sct.
On this 6th day of May1833, personally appeared in open court, before the Justices of the Henry County Court now siting [sitting] - (& being a court of record-) John Downey a resident of the said County of Henry & State of Kentucky aged seventy seven years the third day of October last 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 7th 1832. That he entered the service of the United States under the following named officers and served as herein stated. That he entered the service under Captain John Nelson & Luntenant [Lieutenant] William Oldham - That he entered the service, February 1776 - he is certain that he entered the service in the month of February 1776 - but does not certainly reccollect [recollect] the day of the month and that he left the service on the 28th day of February 1777. That he entered the service, as an inlisted [enlisted] private soldier, and remained a private during the whole time. He further states that he was born on the 3rd day of October 1755 in the County of Fredrick [Frederick] in the State of Maryland. That his Father kept a Book in which his age was recorded that he has often seen the Book. That after his Father's death, his mother had the Book - after her death the Book was lost or given to some one that he did not know of & that he never saw it afterwards-- he knows of no other record of his age. When he was called into the service, he was a resident of the County of [Frederick crossed out] Bedford in the State of [Maryland crossed out] Pennsylvania When he entered the service- that he enlisted for 12 months. That after the war was over he came to Kentucky in the year 1790 & that he has resided there ever since & for the last 30 years he has lived at the place in the County of Henry (then
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Jefferson County (that is) 30 years ago) where he now lives That he went from Hagerstown, where he inlested [enlisted] to New York, from thence to Albany - where the company in which he inlisted [enlisted] joined another company-- under Capt. Thomas Butler - from thence both companies went by land to Fort George, near Lake George-From thence we went on boats to the falls of Lake George (distance about 45 miles) From thence we went by land to fort Ticonderoga - we did not stop here, but again went on boats on lake Champlain 166 miles to St. Johns Fort, there we staid [stayed] a few days - do not recollect how long-- From thence we went to the falls to a fort called Chambellee-- then we again went on Boats on the river sorel and went to the mouth, where it entered into the St. Lawrance [Lawrence]- From thence we went to Montreal - and there we joined the first Pensylvania [Pennsylvania] Rigement [Regiment] -
commanded by Col. Lahorse a dutchman- and Genl [General] Arnold. The British & Indians had taken a fort called St. Anns, about two days march from Montreal & 300 prisners. [prisoners] Arnold with about 700 troops &
I was one-- went to retake the fort & prisners [prisoners] -- before we arrived the fort was deserted-- We followed them untill [until] night & returned to the fort, their was then a treaty & the prisners [prisoners]  given up-- we then went a few mile in pursuit of the British & Indians, but fearing as I was informed, that our boats would be taken, we went back to
the Boats & returned to Montreal - after some time We went down the river St Lawrance, [Lawrence] to the mouth of the Sorel. There we met with the rear guard of some other american troops, retreating-- We went
on to St. Johns, part of our troops, had retreated to that fort - & others on an Island in Lake Champlain - Genl. Sulivan was there & commanded-- From thence we went to an Island called Motts on Lake Champlain &
staid [stayed] there until Boats, came from Ticondaroga [Ticonderoga] & then
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went to that place-- some of the troops were left at Crown Point. I think Two Regiments - one was commanded by Col. Harkley - Genls. [Generals] Arnold & Sulivan came with us up to Ticandaroga. [Ticonderoga] This was in the month of July or August- that we got back to Tecondaroga. [Ticonderoga] We remained there until the 20th February 1777. Arnold & Sulivan did not stay at the fort - Genl. Gates commanded us after we retured [returned] to the fort - Genl. Wayne & Sinclair were also there-- We left Sinclair there-- my Captain left the company before he did, alledging [alleging] that the time for which we had enlisted had expired, & on the 10th February his company contended that our time had expired - & paraded, with the intention of going home - Genl. Wayne persuaded us to stay until the 20th & on the 20th Feb. he discharged us verbally-- that he got no written discharge.
[paragraph below is crossed out]
[That after he returned home, in the first part of the month of June 1777. That he substituted himself in the room of John Acle who had been drafted for a tour of four months in the battalion & was a private- That he entered under Capt. Smallwood & went to Philadelphia, from thence to Chester and joined the army near Brandywine, Washington- Lafayette & Lord Sterling - we among the american officers-- that he does not reccollect [sic]  the Col. of the militias name-- he was in the Battle of Brandywine on the 4th Sept 1777. The americans retreated - We went through Chester to Philadelphia  & upwards to chesnut [sic] ridge, when I was discharged in the last of Sept he had no writen [sic] discharge - all crossed out]

In the year 1782 That he resided in the County of Bedford in the State of Pensylvania [sic][Pennsylvania] and on the
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first of march of that year 1782 he enlisted for and during the war of the revlution [sic] - as a private under Capt. Johnathan Boyd - in a company of Rangers, our leieutenant [sic] was James Johnson & ensign Henry Manes. Our company generally staid in the county of Bedford, occasionally on scouting parties we left the county. We had a skirmage [skirmish] with the Indians, & were beat & our Captain taken prisner, [sic] this was in the month of 1782 in the summer season, unless on scouting parties we staid [sic] in a fort at French town in the winter in the town of Bedford. That he was discharged on the 4th day of June 1783 & got a discharge in writing from the 1st sargant [sic] W. Ward. That one of the conditions of his enlistment was that he was to have 200 acres of land either in Westmoreland or Northumberland county, which he never got. He states that he has long since lost his discharge. If his last service requires proof, or if any other of his service requires proof, he is unable to make it, & in that event, he ask for a pension for his services which do not require proof.
That he has no documentary evidence & that he knows of no person whose testimony he can procure, who can testify to his service. That he is well known in his neighbourhood [sic] to David Adams, Samuel More & Joseph Lecompt, who can & will testify as to his character for veracity & that they believe that he served in the revolution as he has stated. That no clergyman resides in his neighbourhood. [sic]
He 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. Sworn to & subscribed the day & year aforesaid.
John Downey - X his mark

We David Adams & Samuel Moore citizens of Henry County and state of Kentucky & neighbours [sic] of the said John Downey do hereby certify that from our acquaintance with the said Downey we believe him to be of the age of 77 years as he represents and that he is generally reputed & believed in the neighbourhood [sic] where he lives to have been a soldier of the revolution as he represents. That we never heard it doubted and we do concur in the same opinion and that no clergyman resides in the applicants neighborhood. Sworn & subscribed this 6 day of May 1833.
David Adams - X his mark
Samuel Moore - X his mark
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No. 25792
John Downey Henry County Kentucky

from 1776 private
1yr. $40.

only 1 yr. allowed see end of declaration respecting proof

Edwd [Edward] P. Thomas C Henry County Kentucky
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WAR DEPARTMENT,
Pension Office,
183
Sir:
The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in a tabular form. On comparing these papers with the following rules, and the subjoined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. the notes and the regulations will shew what is necessary to be done. Those points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus: }). You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your claim.
A Statement, shewing the service of John Downey Henry County Kentucky
Period when the service was rendered.
Entered Feby 1776
Enlist Mar. 1782
Duration of the claimant's service
1 years.
1 years. 3 months.
Rank of the claimant.
private
private
Names and rank of the Field officers under whom he served.
Cap Nelson
Cap Boyd
Age at present, and place of abode when he entered the service.
77 years
Bedford County Pennsylvania
Proof by which the declaration is supported.
Traditionary evidence, papers properly attached
I am, respectfully,
Your obedient servant,
J. L. EDWARDS,
Commissioner of Pensions.
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2
 REGULATIONS UNDER THE ACT OF JUNE 7, 1832 
The following regulations have been adopted: This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army, and to include under the terms "Continental Line," "State troops," "militia," and "volunteers," all persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, &c., Teamsters, Boatmen, &c. Persons who served on board of private armed vessels are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service. Four general classes of cases are embraced in this law: 
1. The Regular Troops.
 2. The State Troops, Militia, and Volunteers.
 3. Persons employed in the Naval Service. 
4. Indian Spies.
As rolls of the regular troops in the Revolutionary War exist in this Department, all persons claiming the benefit of this law as officers, non-commissioned officers, mucicians or privates, will, in the first instance, make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides. And every Court having by law a seal and Clerk is considered a Court of Record. 
DECLARATION, 
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832. State, Territory, or District of County of } ss. On this day of personally appeared (a) before A. B. a resident (b) of in the county of and State, Territory of 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. I 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 Clergy man, residing in the and C. D. residing in (the same) hereby certify, that we are well acquainted with , who has subscribed and sworn to the above declaration; that we believe him to be years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion. Sworn and subscribed the days and year aforesaid. [And then will follow the certificate of the Court.] And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that is appears to them that A. B. who has signed the preceding certificate is a clergyman, resident in the and the C. D., who has also signed the same is a resident in the and is a credible person, and that their statement is entitled to credit. I, Clerk of the Court of do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of for a pension. In testimony whereof, I have hereunto set my hand and seal of office, this day of &c. Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction. If such surviving witness cannot be found, the applicant will so state in his declaration, (l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his
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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 corroboration 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 Milita 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 who? 
5. State the names of some of the Regular Officers, who were with the troops, where you served; such continental and Militia Regiments as you can recollect, and the general circumstances of your services. 
6. [To a Soldier {Did you ever receive a discharge from the service, and if so, by whom was it given, and what has become of it? [To an Officer {Did you ever receive a commission, and if so, by whom was it signed, and what has become of it? 
7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character or 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 represent, 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.
 [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. 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." It is important, in all cases, to determine with precision the period of 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 particular 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 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. 
[j] In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses who are required to set forth in their affidavits the time of the claimant's entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper office, under his seal of office.
 > The notes from [a] to [i] are all equally applicable to the cases of Militia men, Volunteers and State Troops. 
The proof required by rule in note [j] applies to continental troops only. 
[k] This traditionary evidence is indispensable in militia cases. 
[l] If a witness cannot be found, the declarant must state the fact. 
[m] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.
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[stamped] U.S. Pension Office A Jan 4 1905

[stamped] D War & Navy Files Jan 5 1905
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[initials in upper right-hand corner of page]

Louisville Kentucky
January 2/'05
Pension Bureau:
Revolutionary Records Office
Washington D.C.
I am very desirous of obtaining the record of one John Downey who enlisted in Captain
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Hammonds Company, Colonel DeHaas' regiment for service in the Revolutionary war. He was born, according to family records, in Franklin Co. Pennsylvania and enlisted in same county.
Will you examine the archives and see if you can find the military record of said

[written words "Louisville Ky" sideways at left-hand margin]
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John Downey who enlisted as a private in said county, & served throughout the war and was discharged with an officers commission.
Thanking you in advance for the courtesy of an early reply.
I remain yours truly
L.M. Gray

Address 
Mrs. H.S. Gray
1705 Longest Ave.

[stamp] Pension Office U.S. Jan 4 1905
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[left-hand side of page]
Jany [January] 10, 1905. - Hist to Mrs. H. S. Gray Louisville Ky
1930 Mch [March] 12 H M Steely adv- only John D - etc. See his letter & reply in Rev cl. of Thomas Downey S. 35895

[right-hand side of page]
INVALID.
Rev War aw [initials]

File No. 1195
John Downey, 
Priv. Pa. Line. 

Act: June 7. 1832.

Index: -- Vol. A, Page 98

[Arrangement of 1870.]
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25792
John Downey

New Castle. - Kenty [Kentucky]
Page 17

State of Kentucky
Henry County May Term 1833
And the County Court of Henry County (being a Court of record) 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 David Adams and Samuel Moore who signed the preceding certificate, resident[s] of said County of Henry are credible persons and that their statements are entitled to credit - and it further appears to them that there is no Clergyman in the neighborhood of said applicant John Downey
I. Elm P. Thomas Clerk of the Court of Henry County aforesaid do hereby certify that the foregoing contains the original proceedings of
the said Court in the matter of the application of John Downey for a pension.
In testimony whereof I have hereunto set my hand & seal of Office
this 6" day of May 1833 and in the 41st year of the Commonwealth
Elm P. Thomas [illegible]
[white folded paper on left margin-possibly a seal]