Revolutionary War Pension and Bounty Land Warrant Application File R. 5105, John Hogg, Va.
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3-1776

[Typeface] SERVICE
[Handwritten] VA.

Hogg, John

[Typeface] NUMBER
[Handwritten] R. 5105

[Typeface] CONTENTS
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State of Virginia County of Albemarle, Sct
On this 16th day of October, 1832, personally appeared in open Court before Lucas P. Thompson, Judge of the circuit,  Superior court of Law and Chancery now sitting; John Hogg, aged sixty nine years on the 15th day of last September -- 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.
He says that he was born in the County of Hanover, State of Virginia and at an early aged removed to the County of Albemarle, and lived here ever since -- about the 16th day of January 1781. he was drafted in the Militia service, and marched from said County of Albemarle, under Capt. John Harris, Lieutenant Raalph [Ralph] Thomas, Lieutenant Thomas Jones, William Jarman - Ensign. He marched to Richmond where he drew arms &c. thence to Williamesburg [sic] thence to the half way house between York and Hampton where he was stationed some time, and returned to Williamesburg, thence again to Richmond, where he was discharged. He returned home, about the 2nd of March 1781 -- He was again drafted on the 4th of May 1781, and marched under Captain Nicholas Harimen -- he forgets the Lieutenant's name, as he staid with them but a short time, when he was ordered to Albemarle  [] Barracks - the Ensign was Charles Hudson - He marched to the neighbourhood of Richmond, where he joined the army under La Fayette, whence he marched with the army in what was called the "Wild goose Chase." towards Fredericksburg and at the Racoon fords in the Rapidan General Wayne's forces passed us - thence through Orange and Louisa into the lower part of this county in Mychunk [MeChunk] creek thence down the three chassed and down to what was called "Watsons [illegible] oldfields" - there he was detached into the Light infantry under command of Capt. Woodford - Lieutenant Ruffin - and ensign Bacon, under Command of General Mecklenburg, thence he marched on to the neighbourhood of Richmond where we had a skermish with the light horse thence followed the enemy across to old James Town where we had a small skermish from about one O Clock till after sunset - thence in a few days was ordered with Mecklinburg's Wayne's and Campbell's brigades to March to Goode's bridge in Amelia in Appomatax River, where he was discharged on the 21st of July 1781 - after returning home, in a few days he was called out to rendezvous at
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Charlotttesville and kept as a minute man on states[illegible, torn] until the Surrender of Cornwallis at York - when he was again discharged. The minute men were compelled to do service and be in place, under penalty of serving a six months term.
He has lost his discharges, having had a written one the last term and only a verbal one the first - and has no papers, but would refer to the statements of Leonard Drumheller and Micajah Bowen who were in the service with him.
[signed] John Hogg.

Leonard Drumheller being duly sworn, states that he marched with the applicant as stated in the foregoing declaration under Capt. John Harris and served with him throughout the term as stated - He marched again under Capt. Mark Leake at the same time that Jno Hogg marched under Captain Hamner and was in the service with him though not in the same Company, as stated in his declar-ation above - He was also a minute man with the said Hogg until after Cornwallis's surrender as stated above.
     Micajah Bowen being duly sworn saith that,  he marched with him as stated in his foregoing declaration under Captain John Harris and served with him through that term [scribble marks/correction], that he marched under Captain Mark Leake at the same time that said applicant marched under Captain Hamner and was with him in the service the greater part of that term as stated in the foregoing declaration.
     Thereupon the following interrogatories were propounded to the applicant by the court.
Q  Where and in what year were you born?
A  I was born in the County of Hanover Va the 15th Sept. 1763.
Q  Have you any record of your age and if so where is it?
A  I have a record of my age in a book at home.
Q  Where were living when called into service, where have you lived since the Revolutionary War and where do you now live?
A  When called into service I lived in Albemarle County Va and removed from said county about 15 years and therefrom to the said County of Fluvanna and again removed to the said County of Albemarle about the year 1819-where I now reside.
Q  How were you called into service, were you drafted, did you volunteer or were you a substitute, and if a substitute for whom?
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A.  I was drafted in every instance.
Q.  State the names of some of the Regular Officers who were with the troops where you served -- Such, con-tinental and Militia Regiments as you can re-collect and the general circumstances of your service?
A.  In the 1st tour I marched under Capt. John Harris, Lieutenant Ralph Thomas, Lieutenant Thomas Jones and Ensign Wm. Jarman and General Nelson--In the 2d tour under Capt: Nicholas Hamner - for a few days - and thence transferred to the company commanded by Captain John Burke, Lieutenant White, Regiment commanded by Colonel Reuben Lindsay and Major McIllhany, and in a few weeks was transferred to a Company of Light Infantry, Commanded by Capt. Woodford - Lieutenant Ruffin - Ensign Bacon - Major Boss and Major Hofler - Col. Deck and General Mecklenburg.
Q.  Did you ever receive a discharge from service and if so by whom was it given and what has become of it?
A.  In the 1st tour I received a verbal discharge, in the 2nd tour I received a written discharge from General Campbell at Good's bridge on Appomattox River, Amelia County Va which is lost or mislaid.
Q.  State the names of persons to whom you are known in your neighborhood, who can certify to your char-acter as to veracity and then belief of your service, as a soldier of the Revolution? 
A.  I refer to William Hogg, George Jones, Jno. S. Amis, who knows me and can testify as to my character as to veracity and to Leonard Drumheller and Micajah Bowen as to my services.

We, George Jones, a clergymen residing in the County of Fluvanna and State of Virginia, and William Hogg and John S. Amis, residing in the County of Albemarle and State aforesaid, hereby certify that we are well acquainted with John Hogg, who has subscribed and sworn to the above declaration, that we believe him to be 69 years of age, that he is reputable and believed in the neighbourhood where he resides to have been a soldier in the Revolution and that we concur in the opinion.

George Jones
William Hogg
 John S. Amis
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And the said court, do hereby declare this aforesaid, after this investigation of the matter, and after [?]-ting the interrogatories prescribed by the Wary department that the above named applicant was a revolutionary soldier, and served as he states, and the court further certify that it appears to them that George Jones, who has signed the preceding certification, is a clergyman resident of the County of Fluvanna, the State of Virginia, and that Will-iam Hogg and John S. Amis, who have also signed the same, are resident in the County of Albemarle and state aforesaid, and are credible persons and that their statement is entitled to credit - 

I, Alexander Garrett, Clerk of the circuit superior court of Law and Chancery for the County of Albemarle, in the State of Virginia, do hereby certify, that the foregoing contains the original proceedings of the said court, in the matter of the application of John Hogg for a pension.  In testimony whereof I have here unto set my hand and affixed the seal of the said court, at Charlottesville, the sixteenth day of October in the year of our Lord, one thousand eight hundred and thirty two, and in the fifty seventh year of the Commonwealth.

Alex. Garrett CC
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35641
John Hogg
Va

Rejected, [illegible] Sept
10 - 1833 -
Alex H. Arthur
Charlottsville -
Va

5105
5105

Ready to be ret. to Sept.
AHA
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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. These 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 Hogg

(table with columnar headings)

Period when the service was rendered.
Jany 6, 1781
drafted
21 March
4 May 1781
Drafted

Duration of the claimant's service
Years
- 
-

Months
2
2
5

Days 
16
20
6

Rank of the claimant
Pri
"

Names and rank of the Field officers under whom he served.


Age at present, and place of abode when he entered the service
69 years
Albemarle
Co. Va.

Proof by which the declaration is supported
Witnesses 
Traditionary

I am respectfully, Your obedient servant, J. L. Edwards, Commissioner of Pensions
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2
REGULATIONS UNDER THE ACT OF JUNE 7, 1852

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, Boatman, &c. Persons who served on board of private armed vessels and-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 ever 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 ____________ of ____________ aged (c) ______________ 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, 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 country 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 an subscribed the day and year aforesaid. 

A. B.

[And then the 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 solder, 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 the 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 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 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 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 on of the principle 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 proposed 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 you have 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?
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?
6. (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 an testify as to your character for 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 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 a 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 of 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 male 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 this 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 reasons 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 make 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 a 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, & e. 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 authenticate 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 officer, under the seal of office.
The notes from (a) to (i) are equally applicable to the cases of Militia men, Volunteers and State Troops.  The proof required by rule in (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] REJECTED
5105
P.O. John Hogg

Service:

Enlisted: _____,18  ,
Discharged: _____________, 18  ,
Application filed:__________, 18  ,
Alleges: ______  
Re-enlisted:___________
Attorney:_____________
P.O. ______________

_____________Recognized _____________Contract.
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Johnson, Richard
Supl. declar.
Albemarle County, Va

To be tiled in Original
papers Wret? to Dept 
AHA
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Virginia,
Albemarle County, Sc: 
Personally appeared before me, the undersigned, a justice of the peace for said County, John Hogg who being duly sworn, deposeth and saith, that by reason of old age & 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, & in the following grades: 
On the 6th day of Jany, 1781, he was drafted as a private for a two months tour - and was not discharged till the 22d day of March, following - his declaration, he observes, speaks of his discharge on the 2d of March - this is a mistake in the clerk; it should have been the 22d of March
The colonel who commanded him in this tour was Holt Richardson - The name of the major he has forgotten - Genl. Nelson was the General in command. 
ON the 4th day of May, 1781, he was again drafted as a private for a two months tour - and was not discharged till the 24th day of July 1781- 
He was commanded this tour by Major Mucklehand and Col. Reuben Lindsay - The name of Mecklenberg has been inserted in the declaration by the clerk thro mistake, in the place of Mucklehand -
In August of 1781, he was again drafted as a private in a two months tour, for what was then called a reinforcement   the draft was not later than the 10th of August; he was attached to the company commanded by Lieutenant Wm Feint and Capt. John Grissom - the name of the Ensign he does not recollect - he was detained in Charlottesville & the neighborhood, subject to orders - was finally marched off to join the army; when on their route, in Louisa at the "Byrd-ordinary", 
[handwritten]
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their march was arrested by tidings of the Surrender of Cornwallis, & he was discharged - this was the 21st  Oct 1781 - the surrender being the 19th --
The foregoing several drafts took place at Charlottesville - in Albemarle -
And for such service he claims a pension. Witness my hand this 13th day of August, 1833.
[signed] William A Bibb J P

State of Virginia: 
Albemarle County Court Office, to wit:
I, Ira Garrett, Clk. of the County Court aforesaid, do hereby certify, that Wm. A. Bibb, before whom the foregoing affidavit was made & who hath Signed the same, is an acting justice of the peace in and for said County -- duly commissioned and qualified as such, and that his Signature annexed is genuine.
[white paper attached to left margin of page]
In Testimony whereof I hereto set my hand & affix the seal of said County Court, at my office aforesaid, this 13th day of Augt. 1833, in the 58th year of the Commonwealth.
[signed] Ira Garrett C. C.
[handwritten]
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Hogg
3 Supp Decl
John
certified
Page 15

Dec 21 40
Hn Hogg
Mail Siar

Copies from Dec 23, 1840
Mr. E. Hn Hogg 2 paps
M Siar 1 set
Dec 26

Hon. Jn Carr
HR

Hon James L. Edwards
Comm of Pensions
Washington City
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Washington City Decr 21 1840
Hon James L Edwards
Sir 
Will you have the kindness to send me the original and amended Declaration of John Hogg, formerly of Virginia, and also the Declaration of Michael Sears - formerly of Va, -- applicants for a pension they desired me if the Dept could not allow, - them to present their claims to Congress
Very respectfully 
Your obt sevt
[signed] John Carr
[handwritten]
Page 17

Answered
28 Mar. "44

(upside down) Hogg
Page 18

Washington City
March 16th 1844
Sir In your reply to the Hon John Carr in the case of John Hogg, it is stated that it is disallowed for want of proof. The service which he has sworn to occurring to the best of his recollection is seven months, it is corroborated by two reputable witnesses, who know many of the facts and believe them all. His own character for truth and veracity is well established  I know he is reputed to be a man of good character, No one who knows him doubts for a moment the correctness of his statement He is poor and old and blind; and stands in great of what, I believe the laws of the country justly entitle him, I desire therefor that you will furnish me with the reasons for the insufficiency of his proof and also whether, pensions have not been granted upon similar testimony, that I may be enabled to take such other steps in the matter as my duty to Mr Hogg requires
Yours respectfully
[signed] Thos J Hurley
J. L. Edwards
[handwritten]