Revolutionary War Pension and Bounty Land Warrant Application File R. 5093, Joshua Hudson, Va.
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(3-1776)
SERVICE                                  NUMBER
Va.              Hudson, Joshua    R.5093

CONTENTS
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22917
Joshua Hudson K
Rejected, did not serve six months. and no allowance made for service performed by a substitute. See letter of to J. Price
Jefferson Price
Nicholsville
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[Printed] 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 [show] what is necefsary  [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.
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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 roles 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 Count where such applicant resides. And every Court having by law a seal and Clerk is considered a Court of Record. 

[centered] DECLARATION
In order to obtain the benefits of the Act of Congress of the 7th of June, 1832. 
[italics, centered] State, Territory, or District 
Count of [blank space] } ss. 
On this [blank space] day of [blank space] personally appeared (a) before [blank space] A.B. a resident (b) of [blank space] and State, Territory or District of [blank space] aged (c) [blank space] years, who being first duly sworn, according to law, doth on this oath make the following declaration, in order to obtain the benefit of the provision made by the act of Congress, passes June 7th, 1832. That he enlisted in the Army of the United States in the year (d) [blank space], with [blank space] and served in the [blank space] (c) regiment of the [blank space] line under the following named officers:
[Here sent 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 team of enlistment, he must specify the particular period, and rank and names of the officers;) the town or county and Sate in which he resided when he enered the service, the battles, if any, in which he was engaged, and the country through which he marched, [hand icon pointing to the right] 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 relinquished every claim (f) whatever to a pension or an annuity, except the present, and he declared that his name is not on the Pension Roll of any Agency of any State, or (if any) only on that of the Agency in the State of [blank space]
Sworn to and subscribed the day and year aforesaid. [blank space] A.B.
[And then will follow the certificate of the Court.]
And the said Court do hereby6 declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states. 
I [blank space] of the Court of [blank space] do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of [blank space] for a pension. 
In testimony whereof I have hereunto set my hand and seal of office (i) this [blank space] day of [blank space] &c. [blank space] 
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 [blank space] and C.D. residing in (the same) hereby certify, that we are well acquainted with [blank space], who has subscribed and sworn to the above declaration; that we believe him to be [blank space] 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 is appears to them that A,B, [blank space] who has signed the preceding certificate is a clergyman, resident in the [blank space]
I, [blank space] Clerk of the Court of [blank space] do hereby certify that the foregoing contains the original proceedings of said Court, in the matter of the application of [blank space] for a pension. 
In testimony whereof, I have hereunto set my hand and seal [blank space] of office, this [blank space] day of [blank space] &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 produce, if possible the testimony of at least on 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 alleged service, as they are known at the Department. A very full account of the services of each person 

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[continued from previous page] 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 lines split with curved bracket] 
{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 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 person - one 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 part. 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 afore required, and submit to the examination before a Judge [cut in the page making the rest of the line indiscernible] proper count, 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 the seal of his 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, ad 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. 

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[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 that rule. 
[c] The age of the claimant must invariably be mentioned. 
[d] The declarant must mention the period or period the war when he served. 
[e] Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise 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 and affidavit in the following words: 
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A.B. who, being 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 al cased, 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 [italics] 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 officers, and other particulars respecting their service. This form of 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 the 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. 
[centered, italics] 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 end of which must pass under the seal of office in the certifying officer, so as to prevent any paper from improperly attached to the certificate. 
[centered, italics] 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 official character and signature of the magistrate must be certified by the proper officer, under his seal of office. 
[hand icon, pointing finger to the right] 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] The 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. 

[handwritten signature] W. L. Williams 

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[handwritten, center, right side of the page] 
Joshua Hudson
22917
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State of Kentucky
Tessamine County
On this day the Eighteenth of February Eighteen hundred and thirty three, personally appeared in open court before the Justices of the peace now sitting Joshua Hudson Resident in the County aforesaid, aged seventy two years, who being first duly swore according to Law doth on his oath make the following declaration in order to obtain the benefit of the act of congress passed June the 7th 1832, First he was called on in Culpeper County, State of Virginia where, he was born and raised to manhood, early in the month January 1781 and was drafted and put under the command of Cap't James Thomas the Major not recollected, and Colo Thorn, Commandant of the Rigement, that he marched from Culpepper County through different counties in Virginia to Stafford County in that state, to Hunters Forges, or Tron Works, and there served a Tower of duty with the Malitia of the United States -
Secondly, he was called on in the last of March 1781, and drafted for Eighteen months to Serve as a continental soldier, in the Revolutionary army or war of the United States, and hired a Substitute to serve that length of time, in his place and his substitute was at the taking of Lord Cornwallis,, for the proof of the hiring the above Substitute, see Col James Barber's of Virginia certificate and Benjamin Sittons affidavit which is hereunto transmitted, Thirdly, he was called on in the place of his substitute on the first of May 1781, and was drafted to serve.
carried forward -
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a Tower of duty was first under the command of Capt Green, Major Nath, Welch, a Regular office and Colo Allcock, Commandant of the regiment and all fell under the Command of Marquis D Lafayette and March from Culpeper County Virginia through Orange and other counties below the city of Richmond and there Reconnoitered the British lines, until the first of Auguste, and was then discharged,
Thereby Relinquish every claim what events a pension or annuity except the present and declare that my name is not on the pension roll of any agency in any state whatever [blank space] Joshua Hudson

Me H.T.N. Benedict a Clergyman residing in the County of Jessa[illegible] and Hugh Chrisman residing in the same County hereby certify that we are well acquainted with Joshua Hudson who has subsisted and sworn to the above declaration; that we believe him to be seventy two years of age; and that he is reputed and believed in the neighborhood where he resides to have been a soldier of the revolution, and that we [illegible from tear] in in that opinion

[signatures right side]
H.T.N. Benedict
Hugh Chrisman
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[handwritten] And the said Court do hereby declare their opinion after an investigation of the matter and after puting the inters stories prescribed by the War Department that the above [illegible] applicant was a Revolutionary Soldier and served as he states. And the Court further certify that it appears to them that H.T.N. Benedict who signed the preceding certificate is a clergyman resident in the County of [illegible] ? +that Hugh Chrisman who has also signed the same is a resident in the same County + is a credible person and tat their Statement is entitled to credit. I Daniel B Price clerk of the Court for the County of ? do hereby certify that the foregoing of the said Court in the matter of the application of Joshua Hudson for a pension. In testimony whereof I have her unto set my hand and seal of office this 18th day of February 1833

Daniel B. Price 

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[handwritten, centered, middle of the page] 
This is enclosed by me [illegible, unto?] applicant
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The Affidavit of Benjamin Sutton of Garrard County, State of Kentucky

Having been duly sworn, illegible that Benjamin Hudson whose name is in the annified Certificate, as a hired substitute in the Continental service was employed by Joshua Hudson, who was drafted for the time specified in said certificate that his Brother Benjamin Hudson was employed by the said Joshua Hudson to fill his place in the service. And the Illegible further states that the aforsaid Joshua Hudson was afterword drafted in the Militia, to serve a tour, agreeably to law in that place Benjamin Hudson his substitute and that he serverd out the time for which he was drafted. I further recollect, that our Company was commanded by Capt Greene and further this illegible illegible illegible.
                   his
Benjamin     X  Sutton
                  mark
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The State of Kentucky Garred County illegible
illegible illegible Benjamin Sutton having appeared me Daniel OBannon
a justice of the peace for the county illegible and made said that the
within affidavit containing the truth given under my hands this 1? day of                                       Febuary 1833 and I further state that I know the said Sutton to be a man 
of credebility.
                                  Daniel OBannon illegible


State of Kentucky
Garrard Count    Set
I James H. Letcher clerk of the county court for the
County illegible di certuft tgat Dabuek OBannon Esqr whose
illegible appear to the abouve certificate is illegible at the 
time of signing the same an acting Justice of the Peace for
said County duly illegible and qualified. In such, one of the 
illegible of the Garrard County Court. In testimony where of I have 
illegible my hand as clerk of  illegible of the sear of the cournt of which 
I am clerk to be illegible affixed at my office in Lancaster this 16th day
of February 1833 illegible of american illegible
                                                              James H Letcher
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Deposition

A. Bristow
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Having been called on by Joshua Hudson to know if I had ever heard him say anything about his being in the old revolutionary war Hereby affirm that after we have become Intermitly acquainted say thirty, or upwards of thirty years ago, he informed be that he was draft when young for Eighteen months, and for his Fathers having to his a substitution his  ( Joshua Hudsons) place, it kept his Father from giving him very little or nothing for a considerable time, and from the long acquaintance the said deponant has  had with the  Hudson he has no hesitation in stating that he believes the Hudson told him the truth further the s. diponant saith note Arch. Bristow he then is residing in Todd County Kentucky               May 11th 1833

Lipomine County to writ the foregoing deposition of Archibald Bristow was this day taken subscribed and sworn to by the said Archibald Bristow before me the undersigner a Justice of the Peace for said county given under any hand this 11th May 1833 that I know the said Barstow he aman aforedibility  David Arnot JPC 
State of Kentucky Lepamine County Sct
I Daniel B Price clerk of the county court for the county aforesaid do certify that David Arnold Esq. whose name is affixed to the foregoing was at the time of signing the same (which is his own proper signature) was a duly quallified and acting Justice of the Peace for said county and that full faith and credit is due, and ought to be given to all his official acts as such
In testimony whereof I have here unto set my hand and seal of office this 21st day of May 1833
Dan. B. Price
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Joshua Hudson
Amended Dec 7th
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State of Kentucky Jepamine County
On this sh day of May 1833 personally appeared in open court before the justices of the peace now sitting Joshua Hudson a resident of said county aged about seventy two years who being first duly sworn according to law doth on his oath make the following additional declaration (to the one made by him on the 18th day of February 1833) order to attain the benefit of the act of Congress papid gime the 7th 1832, states that to the  best of his recollection and belief first tour of duty he served under the Command of  Capt. James Thomas as stated in the declaration to which this is an addition commenced the last of Dec. 1 1780 as the first of January 1781 and that he served until the month of March in the same year and was  then discharged at Hunter Forge or ironworks by Col Thorn without a written discharge; that owing to the failure of his memory he cannot state the precise time he was drafted or the particular time when near discharge but believes this tour of duty to be two months; that he served as a common soldier or private. That his substitute Benjamin Hudson served from the 19th day of March 1781 until the 1st of May 1781 and then he near called on in the place of said Benjamine Hudson and served himself the 1st day of May 1781 until the
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the 1st of August 1781 (making three months) when he was discharged by Col. Allcock without any written discharge that he recollects of that said Benjamine Hudson being called on & drafted and he being the substitute of this affiant he had to fill the place of said substitute; that said Benjamine served as the substitute of this affiant eight months then this affiant obtained another substitute by the name of Brooking who served the ballance of the Eighteen months for this Affiant - He further states that he was born in Culpper County Virginia the 12th of Septr 1760 he has the record of his age in his family Bible at home (that it was taken from his farthers register of ages); that he was living in Culpper County Va at such time when he was drafted into service; that since the revolutionary was he resided in Va til 1784 and then moved to Kentucky District and now lives in Jessamine County Kenty that he was drafted each time he served that the regular officers who were with the troops where he served were Genl Lafayette who was commander in chief Genl Stephens of the Brigade, Col. Allcock, Majr. welch & Capt. Greene Gen; Mulenburg and Majr Boyce in a reconnecting parte-[end of page]
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That Capt Hugh Chrisman, Geo J Brown, Saml Hunter, Elijah Bourne, Danl B Price John Hunter, Benjn Netherland 
[illegible] (& a variety of others that might be named if necessary) are persons to whom he is known in his present neighborhood and who can  testify as to his character for veracity, and their belief of his services as a soldier of the revolution - he wants also name Major Wm T Barry of the city of Washington who has known him for many years-
[illegible] and subscribed the day and year above mention
[signature] Joshua Hudson
I Daniel B Price clerk of the [illegible] County Court also do certify that the foregoing contains the original proceedings of the said court  in the matter of the application of Joshua Hudson for a pension. In testimony whereof I have here unto set my hand & seal  of office this 20th day of May 1833- Danl B Price
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Joshua Hodson
Kentucky
Hon J. S. Green [illegible] 3/60
Rejected[?] See
...fter 7 August 1833
To 
DB. Price
Kentucky
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[Crossed out: Acts of July 14 18?2, and March 3, 1873.]
[stamped] REJECTED
[Handwritten] 5093
[handwritten name in script] Joshua Hodson
[Form left blank]
P.O., Service 18, Enlisted 18, Discharged 18 Application filed 18
Alleges, Re-enlisted, Attorney, P.O., Recognized.
Contract
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Nicholasville Ky
May 22nd 
Free
J.L. Edwards
Commissioner of Pensions
Washington City
[left border]    ky
[two illegible words]
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Nicholasville Ky May 22nd. 1833
Dear Sir,
the amended and original Declaration & Other evidence of J Husdon for the purpose of obtaining a pension are here enclosed- please enclose the Certificate to him at this place-
[illegible]
Jefferson Price