Revolutionary War Pension and Bounty Land Warrant Application File S. 8210, Robert Clarke, Va.
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(3-1776)
service            number
Va.  Clarke, Robert S.  8210
carded
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32881
Virginia 
Robert Clark, decd,
in the State of 
a Private in the command
in
of the commanded
in the 
line for Revolution
Inscribed on the Roll of Richmond
at threat of 80 Dollars Cents per annum,
to commence on the 4th day of March, 1831. Ending 
7 January 1851
Certificate of Pension issued the 4 day of
June 1852 and sent to
J.H.Clements Prscnt
Arrears to the 4th of 
Semi-annual allowance ending
Increased
on /23.33 1/3
{Revolutionary Cl...Act June 7, 18 
R. M. Rae Clerk,
Vol. 6 1/2 Page 8.
J.F. Clements Mch 2, 1833
Hon Wm Smith 14.54
of 
who
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State of Virginia
County of Orange
On this 25th day of January personally appeared before me a Justice of the Peace for the County of Orange in the State of Virginia. Robert Clark a resident of said County in said
State aged 98 years, who being to infirm to
appear and make his declaration in open
court was first duly sworn according to law
before me and deposed that by reason of
old age and the consequent loss of memory he
cannot state distinctly the precise length of
his respective periods of service, or the major
of his time, but to the best of his belief he served amount than two years at to the and militia served in the Virginia line whenever called upon, and is so that the whole length of his service should exceed I say he any then drafted for the service of his country he only recollect the names of a few of the officers under where he served sir
Colonel Matthews - Capt. Hawkins, Capt. L Cote and Capt. George Waugh. He first left the County of Orange to serve in the War under Capt. Hawkins who was superseded by Capt. George Waugh. His service in different parts of this State, in the neighborhoods of Richmond and Yorktown and other parts of the lance County - He also accompanied General Lafayette in his retreat through the state and real to him well. he
nine served in any other capacity the that
of private or non-commissioned officer but has never received a cent either from the State or the general firrent and not ask it now to be set an hand by debt - that he has made the foregoing
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declaration in order to obtain the benefit of the act of Congress passed June 7, 1832 or any other act which might apply to his case and that he hereby relinquishes every claim to a pension inconsistent with above act. and declaiirs [sic] that his name is not on the pension role of any agency in any state.
Sworn to and subscribed by 25th day of January 1848
Robert  his X mark  Clarke

I John F. Taliaferro a majistrate [sic] of the County of Orange in the State of Virginia do hereby declair [sic] that it is my opinion that the above named applicant was a revolutionary soldier and served as he states and also certify that the foregoing contains the true statement of the applicant before me made.  In testimony whereof I have hereunto set my hand and seal this 25th day of Jany 1848.
John F. taliagerro {J.P.}

Mr Martin A Dunn a clergyman residing in the County of Orange State of Virginia and Joseph Atkins residing in the same county & state hereby certify that we are well acquainted with Robert Clarke who has subscribed and sworn to the above declaration; that we believe him to be 98 years of age & that he is reputed & believed in the neighborhood where he resides to have been a soldier of the Revolution; and that we concur in that opinion. And having read the above declaration believe the fact therein stated to be true.
Sworn & subscribed to on this the 31st day of January 1848.
Martin A Dunn
Joseph Atkins
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State of Virginia
     County of Orange } ss
On this 26th day of February personally appeared before me as Justice of the County Court of Orange in the State of Virginia Robert Clarke a resident of Orange County in the State of Virginia being unable from extreme age and consequent infirmity to appear in open court, who being first duly sworn according to law doth on his oath make the following supplemental declaration his original declaration made before John F. Taliaferro a Justice of the County Court of Orange now being filed under the act of 7th June 1832 in the Pension Office at Washington.  That he is aged 98 years that he first entered the service of the United States as a militia man draughted from the County of Orange.  The captain of the company was named Hawkins who was afterwards superseded by Capt. George Waugh that he afterwards served frequently as a militia man and accompanied Lafayette in his march through the state.  [marked out: and also served in the state line] He served in all more than two years.  That extreme age has so impaired his memory that he has but an indistinct recollection as to the precise length of his respective periods of service, the places where he served or the names of the officers.  That he never left the army at the termination of said periods of service without receiving his regular discharges -these in the lapse of years have been lost together with any other documentary evidence he may have had in his possession.  That he only recollects of the officers  [illegible] when he served the names of Captains Hawkins, Waugh & Scott that he served under Colonel Matthews of the regular army & unpopular from his severity
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That he served in the lower part of the state in the neighborhood of Richmond & Yorktown in Albemarle and in other parts of the state and recollects on one occasion having been discharged at Gloster Court House - that he should either have preserved carefully the evidence of his service or applied for a pension when his  memory was fresh and his recollection perfect in regard to his revolutionary services - And that on leaving the army his situation in life did not call for pecuniary relief - & that until a short time back his means have been ample - that he served his country for no mercenary motives and as long as he could refrain in justice to his family from applying to the general government for assistance that he had done so - that necessity now compelled him to ask from the hands of government the reward for his services rendered to his country in time of need.  He hereby relinquishes every claim whatever to a pension or annuity, except the present and declairs that his name is not on the pension roll of the agency of any state
Sworn to and subscribed the day and year aforesaid
Robert Clarke  X his mark

Before me a Justice of the county court of Orange (all interlineations and erasures were made in mu presence and duly examined by me
A Madison J. Peace

Virginia
At a monthly Court held for the County of Orange being a Court of Record at the Court House on Monday the 28th day of February One thousand eight
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Hundred and forty eight - The Court having examined the proceedings
of Ambrose Madison, a member of its body, in the case of Robert
Clark, an applicant for a pension, approve of the same, and order
the same to be certified to the War Department
in testimony whereof i have hereunto subscribed my
name and affixed the Seal of the Court aforesaid
this 29th day of February One thousand eight hundred
and forty eight in the 72d year of the Commonwealth
Philip S. Fry. cK
Orange County Court
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Virginia ,to wit;

at a quarterly court held for the County of Orange, at
the Courthouse, on Monday the 26th day of May 1857
Ordered that it be certified, that it was this day proved
to the satisfaction of the court, that Robert Clark, late of this County,
died on the seventh day of January last, leaving one daughter
named Josephine, him surviving, now married to William P. Berry
and a grand daughter, named Martha, now married to Thomas J.
Adams, as his only heirs: - the said Martha being a daughter
of Francis, a deceased daughter of the said Robert Clark, who was
believed to be a revolutionary soldier; and that the said Robert
Clark left no widow. In testimony that the foregoing is truly
Copied from the records of the said Court, I Philip S. Fry, Clerk
of the Court aforesaid, and hereto put my
name and affixed the seal of the said Court
this 20th day of May 1857, in the 75th
year of the Commonwealth
Philip S Fry Clk
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32.881
Virginia Richmond Set JF Clements Dec - 26/37
Robert Clarke decd
of Orange Co in the State of Virginia
who was a private in the Company commanded
by Captain Waugh of the Regt commanded
by Col Matthews in the Virginia 
line for Seven months

Inscribed on the roll of Richmond
at the rate of 23 Dollars 33 Cents per annum
to commence on the 4th day of March 1831. & Ending ___(?) January 1837
Certificate of Pension issued the 31 day of May 1837 and sent to 
Geo C Ames Esq
Arrears to the 4th of   Present
Semi-annual allowance ending

                                {Revolutio (page ripped remainder missing)
                                { Act Ju (page ripped remainder missing)

(page ripped cannot read beginning of signature)
(something) Weightman
Vol. 62 Page 8 (page ripped remainder missing)
Page 10

The deposition of James Chiles now of Louisa County in the State of Virginia and late or Orange County same state - taken before William A. Gillespie a Justice of the Peace for the County of Louisa State of Virginia.
I myself served many years in the revolutionary war and am now receiving a pension for my services in said war.  I know Robert Clarke the above applicant for pension to have been a soldier in the revolution.  We served together one tour in a company raised in Orange County Va. (Virginia militia).  One Captain's name was Waugh, the Colonels of the regiment Matthews.  We were discharged together I think at Gloster Court House.  I recollect perfectly serving in the same company with Robert Clarke one tour and think that we served in the same regiment two tours.  I recollect Clarke well from his habits on strict honesty - always refusing to share in the fruits of his companions' pillaging - and being known among his fellows at honest Robert Clarke.
This day personally appeared before, the undersigned a Justice of the Peace for the County of Louisa, State of Virginia - James Chiles -  who is personally known to me as a man of good character - generally reputed to have been a revolutionary soldier, for services in which character he has been for many years receiving a pension at the hands of government - who made oath that the facts stated in the above deposition are true - to the best of his knowledge and belief.  Given under my hand this 5th January 1848
W.A. Gillespie J.P.
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State of Virginia
Louisa County, to wit:
I John Hunter Clerk of the County Court of said County in said State, do hereby certify that W.A. Gillespie Esqr. whose signature appears to the foregoing certificate on the other side, now is, and was at the time of subscribing the same, an acting justice of the peace in and for the said county, duly commissioned and qualified according to law, that full faith and credit are given to all his official acts as such, and that the signature to said certificate purporting to be his, is his genuine signature.
In testimony whereof I have hereunto set my hand and affixed the Public seal of said court this 18th day of January 1848.
John Hunter Clerk of the County Court of Louisa County

[SEAL]
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Washington City Oct 13th 1852
Commissioner of pension
sir
i herewith enclose a power of attorney from
Josephine Berry, heir of Robert Clark
of Virginia, to claim in her name an
increase of pension under the act
of 1828
very respectfully
Your obt. ser.
M Francis Clements
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City of Richmond
June 30th 1851

Dear Sir
As requested by you, I have examined the files in the Executive Office here in respect to the allowance of Bounty Land to the late Robert Clarke a soldier in the First Virginia Regiment for three years during the Revolution, and I herein enclose a copy of the only paper on file upon that subject.

As you will perceive, this paper is a plain statement of the fact of three years service in said Regiment, but it has no signature to it - It is evidently a very ancient paper and I have no doubt that the hand writing was known to the Department at the time of making the Land allowance of 100 acres (on 23 Decr. 1784)

I have not yet seen W. Lawson, but have no doubt that he will return in a few days and that he will make payment to you at any time you may
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apply.  If it should not be convenient for you come down yourself & you choose to empower me, I will draw the money for you & send you a check for it or make such other disposition of it as you may direct.

There is no news worth reporting.  We have had extremely hot weather for a few days.
I am with high regard
Your friend & obt. servt.  &c
Robert A. Banks
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Madison Mills Va
October 11

5

J. Francis Clements is authorised by me to attend to the claim of Robert Clark
R. Clements

Mr. B. Clements
George Town
Dist. of Columbia
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Orange County Virginia
Oct. 12 1850

Dear Sr
Your last letter came to hand and I was much disappointed at hearing of you not receiving my letter containing the dockuments.  If my memory serves me right for I kept no copy of my letter was dated 16th of March 1850 I enclosed to you in that letter the whole statement of the services of Robert Clark in the Revolution.  And in that statement was his discharge by the commander George Washington.  If you find the letter with the dockuments you will there see that he served [illegible] of nine years, two years and some months in the Virginia line & the ballance as a Continental soldier.  Mr. Horace Bull made an attempt to obtain the claim but unfortunately put in the declaration wrong.  I directed you in that letter to see the said papers that were filed in the pension office;  & beg leave to withdraw them.  By that means you could get on the right track.  Robert Clark has been blind for a number of years & very deaf & now in his 98th year very poor & in great want  all of his numerous family dead but one daughter.  If I am not mistaken the papers in relation to Joseph Clark was sent to Paulus Pond member of Congress & he wrote me he deposited them in the Pension office [illegible] on the exception of this letter hear whether they are there or not as Dr. George Morris who proves the service rendered is very old & cannot live long & if he should die, it cannot be proven by any other person
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so you see it is of the utmost importance to see that his deposition is filed.  If the dockyments is lost in relation to Robert Clark I can obtain a duplicate from the auditor in the City of Richmond (Va.)
Respectfully yours &c
W.D. Clark

NB  The letter in question was directed to Washington
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8210
Rev War √ INVALID.

File No. 8210
Robert Clarke
Priv Rev War

Act:  June 7th, 1832
Index: --- Vol. 1st, Page 68

(Arrangement of 1870.)
Page 19

[on the left side of the paper:]
Aug 24, 48
Robert Clarke
Add [unintelligible]

[on the center of the page:]

Official Business

G. Wm Crump, Esq.
Pension Office
Washington
D.C.
Page 20

Orange Ct. House Aug. 21st/48.

Sir,

You will please file the deposition of Mr. Morrison of Louisa County with the papers sent on a few days since to perfect the claim of Robert Clark of Orange County Virginia for a pension for revolutionary services.  The above reference to deposition having been mislaid at time of forwarding supplementary declaration of claim and deposition of Mr. White of Green Co. Va.

Yrs with respect
Horace Bull

G. Wm. Crump Esq.
Washington City
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(on the left side of the page:)
NP Catlett
Case of Major Phil Williams
[unintelligible] House [unintelligible]

(in the center of the page:)
Official Business

Aug 22, 48

Robert Clark,
add, [unintelligible]
Ames
F Bull
G.W. Crump Esq
Pension Office
Washington
D.C.

(on the right side of the page:)
NP Catlett 
present
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Orange Ct. House Aug. 19th/48

G. Wm. Crump Esq.

Sir,

I herewith enclose the supplemental declaration of Robert Clark with official action of County Court of Orange which I hope will come under [unintelligible] of your office.  I have also sent a declaration as evidence obtained from a fellow soldier of Clark's.  I am [unintelligible] to Mr. Chiles deposition filed with original declaration as to any mention made by him of Col. Mattheus.  I do not recollect that he made any statement as to line of service in which he (Mattheus) served - simply mentioning him as Col'l  of the regiment to which he (Chiles) was attached - not saying whether he belonged to regular army or militia force.  As you will perceive by Mr. Clark's supplemental declaration he affirms that he was an officer of the regular army - attached to and serving at the time that Clark was in the army - with his regiment.
Hoping that Mr. Clark's claim may meet with a speedy and a favorable consideration.  I remain 
with respect 
yr. obt. servant.
Horace Bull

G. Wm. Crump, Esq
Washington City
D. C.
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State of Virginia
Louisa County to wit;
Before me William Stout a justice of the Peace for the aforesaid county and state on this tenth day of June 1846 appeared John Morrison of Louisa County who deposeth and saith that he was a soldier in the revolutionary war and is now a pensioner for his services in such war- that he knows Robert Clark of Orange County Virginia - intimately well and whom he understands to be now an applicant for a pension for his revolutionary service. - That on the last of March 1781 he left Orange County with the aforesaid Robert Clark as a militia man under Captain George Waugh's - that they went from Orange to Richmond from there to Williamsburgg and from Williamsburgh they retreated under Lafayette as far as lower part of Culpepper County Virginia  - and then having joined Gen'l Wayne's troop pursued the British slowly from place to place until seige [sic] of Yorktown concluded the war.  And that he firmly believes that he served during the whole of above mentioned war - lasting from latter part of March 1781 until latter part of October of same year.
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this under his hand the day and year aforesaid.
John Morrison
The above John Morrison made oath before me that the facts stated to me are which are contained in the same deposition [?]
William Stout
J.P.

State of Virginia
Louisa County, to wit:
I John Hunter Clerk of the county court of said County in said State, do hereby certify that William Stout whose signature appears to the above certificate now is, and was at the time of subscribing the same an acting Justice of the peace in and for the said County duly Commissioned and qualified according to law and that the signature to the said certificate purporting to be his, is his genuine signature. In testimony whereof I have hereunto put my hand & affixed the Public seal of said Court this 12th day of July 1848.
John Hunter Clerk of 
the County Court of Louise County
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August 5th 1857
Addl. evidence in
case of Robt Clark
17
J Francis Clements
Present
Mr Clements in person asked
me not to write on this claim
I believe is satisfied her
that the enclosed Certificate
of O Sd service did not
refer to this pensioner
Kirby
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Washington City Augst 6th 1864
To the 
Commissioner of Pensions
Sir
Inclosed I present
the claim of Robert Clark of Virginia for a pension 
under the Act of Congress of the 9th June 1832.
Robert Clark has already received a pension for
six month service-but he now adduces further
proof to show that he served for more than two
years & claims a pension for that period
Yours Respy
J Francis Clements
Page 27

Robert Clarke served three years in first
State Regiment.
Executive Department
Richmond Va June 30 1857
I hereby certify that the foregoing is a true copy 
of a paper (the original being without signatures) filed
in this department, among certificates upon which
land bounty appears to have been granted during
the year 1784.
Wm H. Richardson - secy Comm.
Page 28

I do hereby Certify that I have lived a neighbour to Old Mr. Robin Clark, decd. of Orange County for the last fourteen or fifteen years, and that I have frequently heard him and his Old friends and Neighbours say that He Searved as A soldier in the Old Revolutionary War. with England. But What Officers he searved Under or how long He searved I am not prepared to say. From the best information that I can obtain Old Mr. Robin Clarke lived to be almost ninety eight years Old He died on the 7th day of January 1851. Mr. Clarks Circumstances In a pecuniary Manner has been quite limited since I have known him. But He has supported an Honest Upright Character; and so far as I know has been respected and esteemed as a Gentleman by all who Knew him.
Given under my hand this 21st day of January 1857.
Albert Kennedy
Sworn to before me Richard M Chapman a justice of the piece in & for the County of Orange State of Va this 4th day of [illegible] 1857
Richa M Chapman
J.P.
Page 29

I do hereby certify that I have read the within certificate of Capt Albert Kenneday, and I have heard said conversations with the old men of that day. And am of the opinion from all I have heard that Robin Clark was a soldier of the revolution
given under my hand this 22 of Jan. 1857
Nathl J Welch
Sworn to before me, Richd M Chapman a Justice of the peace in & for the County Orange State of Va this 27th day of January 1857 -
Richd. M Chapman
JP
Page 30

I Richard M. Chapman of the County of Orange and State of Virginia do hereby certify - That I have known Robert Clark who resides within three miles of Orange Courthouse (my own residence) for many years - That said Clark is now ninety odd years Old - I further state, that I have often heard that said Clark was engaged in the Revolutionary War, but in what capacity I cannot say - 
I further state, that said Robert Clark is honest and fair in all his writings, and has the good feelings of his neighbours - he is now from old age and infirmity the weakness of a child, and his mind gone, or nearly so - 
Richd. M Chapman
Orange C.House
Decr. 31st. 1850
Sworn to before me Jos. Hiden a justice of the peace in and for the county of Orange this 10th day of Jan. 1851
Jos. Hiden J. P.
Page 31

I Richard Cave of the County of Orange and State of Virginia do hereby Certify that I am in my seventy first year of my age and that I have known Mr Robert Clark upwards of forty years - I have often heard him speak of the services that he rendered to his Country in the Revolutionary war. I have no doubt & Believe that he was a Soldier in the war -. I further more certify that I would believe any statement the Said Robert Clark would make for he was well known & Reputed for his truthfulness & honesty - I further more state that said Clark departed this life on the 7th day of Last January 1851 in the 98th year of is age leaving an only daughter by the name of - Johanna - who married a Mr Wm P Berry and one Grand Daughter by the name of Martha Owings who married to a Mr. Thomas J Adams I furthermore state that the said Robert Clark had lost his hearing say at least twenty years. & Perfectly blind for Ten or Twelve years Prior to his death - And further the deponent saith not - given under my hand this 21st day of January 1851. -
Richard Cave

Sworn to before me Richd M Chapman a justice of the Peace in & for the County of Orange the state of Virginia this 24th day of February 1851
Richd. M. Chapman JP
I Joseph Edwards of the county of Orange & State of Virginia do hereby certify that I am now in my seventy fifth year of age, and have always lived in the aforesaid county & state & have resided in and about one mile of Mr Robert Clarks. I have frequently been in company with Robert Clark & other old men that were in the Revolutionary War & heard them speak of the toils & hardships while in the revolution. I heard him speak of the tour of duty under Marius De la Fayette & other Tours of Duty that he served at other times in the service of his Country - I Further more state that I believe that the said Robert Clark was more or less engaged in the service of his country as a soldier throughout the seven years war. I furthermore state that I have no knowledge of his serving
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in any other capacity but that of a soldier nor the length of time that he searved - My Father William Edwards was in the revolution war & I have Heard him say that he served three Tours of duty as service. And I have often Heard my Father speak of the service rendered by Robert Clark in the war
I further state that Robert Clark was & unusual old man was in a long time confined to his Room from old age that his eye sight & hearing for many years & was considered the oldest living man in the County He departed this life the 7th day of last January 1851 & as I have since heard was in his 98th year at his death he left and Only Daughter by the name of Johanna who married Mr Tom P Berry - only One grand (Daughter) By the name of Martha Owings who Married a Mr. Thomas J Adams
I further more State that the circumstances of the family are limited and that in Point of Truthfulness & Honesty He was unsurpassed by no man And supported a highly Respectful & Honorable character throughout his long live given under my hand this ___ day of January 1851
Joseph Edwards
Sworn to before me Richard M Chapman a Justice of the Peace in & for the County of Orange & state of Virginia this Blank day of January 1851 -
Richd. M Chapman
J.P.

Virginia to wit:
I, Philip S Fry, clerk of the county court of the county of Orange in the state of Virginia aforesaid, do hereby certify, that Richard M Chapman esq, whose name is subscribed to the foregoing certificate, annexed to the affidavit, preceding, made before him by Albert Kennedy, Nathl J. Welch, Richard Cave, and Joseph Edwards is an acting Justice of the peace for the said county, duly commissioned and
Page 33

qualified and that full faith and credit are due to all his acts as such - and I do further certify, that Joseph Hiden whose name is subscribed to the certificate of an affidavit made before him by Richard M Chapman, and also preceding, is an acting Justice of the peace for the said county, duly commissioned and qualified and that full faith and credit are due to all his acts as such
In testimony whereof I have hereto put my Name and affixed the seal of the said Court this 24th day of Feby 1851 in the 75 year of the commonwealth
Philip S Fry Clk

Richard Clark 12
Page 34

Pension Office
May 2. 1851.

Sir:
In the case of Robert Clark decd. whose heirs claim a pension under the Act of 7 June 1832. you are informed that we are willing to admit a service of seven months under Capt. Waugh, but the allegation of a ten months service under Patrick Henry is not sustained, except by the affidavit of Richard White, and on reference to his pension papers we find that he only performed 8 Months service, and that under a different Officer. If the 10 months service is contended for it should be satisfactorily proved. If the heirs are willing to take the 7 months service they should provide the certificate of the Court as to the exact day of his death and as to the number and names of his heirs.
 Very Respectfully
V. Obt Servt
F. S Evans
Pa Commr.

Geo. C. Ames, Esq.
Present.

Rev
Page 35

District of Columbia
County of Washington} to wit
On this 14th day of May, in the year Eighteen hundred and fifty two personally appeared before me a justice of the Peace in and for the district & County aforesaid Bennett Clements of the district & County aforesaid, who being duly sworn according to law, deposeth & saith, That he never received the letter of Wm D. Clark, mentioned in the annexed affidavits, of said Clark as containing the Original discharge of Robert Clark, and that he verily believes that the said letter was either miscarried or lost from one of the Post Offices of the United States
B. Clements
sworn to & subscribed before me a Justice of the Peace as aforesaid, on the day & year first above written
Paul Stevens {JP}
Page 36

Dr E I Wilson
Brunson Post Office
Macon
Robert Clark
Page 37

Orange Court H. Va. March 2dnd 1852
In the month of February 1850 - Mr Wm D Clark showed me a paper purporting to be the discharge of Robert Clark from Services as a soldier in the Continental Army.  The certificate was signed by Genl. George Washington, and if my recollection serves me correctly - it certified that the said Robert Clark served 4 years - more or less - in the Continental line.  And three years & some months in the Virginia line.  And further this deponent sayeth not.
David Hunn

State of Virginia}
Orange County to Wit}
This day, personally appeared before me - David Hunn - and made oath that the certificate signed by him as to services of Robert Clark - is fast & true to the best of his belief; given under my  this 22 day of March 1852
Garrett Scott J. P.
Page 38

59 No 55
Comm'r of Pensions
Feby 4th 1852

Report in appeal case of Robert Clarke deceased.

Papers number from 1 to 19 envelopes included.
An appeal was taken in this case which was abandoned & withdrawn after the report - upon the written application of the agent Alex H. H. Stuart 
Date of Appeal
Jany 24/52
May 15th}
1852}
Page 39

Pension Office
Feby 4th 1852

Dir,
I have the honor to return herewith Mr Clements' letter of appeal in the case of Robert Clarke dec'd of Va. who was pensioned for seven months service in the Revolutionary war under the Act of 7th June 1832 and whose heirs have applied for an increase of pension, and to enclose all the papers in the case numbering from 1 to 19 including envelopes and also to enclose my letter of the 26th December last rejecting the application.
I do not feel called upon to answer Mr. C's argument as the papers will exhibit all the facts in the case.
Very Respectfully
Your Obt Servt
J E Heath
Comm'r of Pensions

Hon'l Alex H. H. Stuart
Secretary of the Interior.
Page 40

Comm'r of Pensions
Dec'r 26, 1851

Copy of Report on the case of Rob't Clarke dec'd.
Page 41

COPY

Pension Office
Decr. 26, 1851

Sir:  I have carefully examined the case of Robert Clarke decd. of Virginia under the Act of 7th June 1832, in connexion with the additional evidence filed by you but do not think it sufficient to identify the soldier who served three years in the first state regiment of Va. with the Robert Clarke of Orange Co. Va. who has received a pension for militia service.  Neither in his original of supplemental declaration does he assert any other than militia service nor does the affidavit of Mr. Banks relative to the conversation with Mr. Jones disclose the performance of any such service.  There were evidently two individuals named Robert Clarke in service in Virginia during the Revolutionary War.  One in the first State Regiment, the other in the militia.  The one referred to by the Secretary of State as having served three years, received bounty land
Page 42

from that State.  It is not claimed that Robert Clarke of Orange Co. received land from Va.  If he did, you can certainly find evidence of it.  The heirs may perhaps be able to tell where it was located and what disposition was made of it.  Until this is done it cannot be conceded that any identity is established.
Very respectfully
Your Obt. Servt.
(Signed)  J.E. Heath
Commr. of Pensions


J.B. Clements Esq.
Present.
Page 43

Decr. 4th 1851

Evi. in case of Robt. Clark
Dec 4/57


4


J.F. Clements
Present
Page 44

State of Virginia
Madison County SS

On this 27th day of November 1851 Robert A. Banks of lawful age personally appeared before the subscriber a justice of the peace in & for said county & being duly sworn says that within three or four years last past he had a conversation with one John Jones (late of said County) who was a Revolutionary pensioner of the United States, concerning the Revolutionary services of Robert Clark of the County of Orange in Virginia.  Affiant well remembers that upon the occasion referred to the said Jones informed affiant that said Robert Clark was in the Continental service in the war of the Revolution & that he served as said Jones well knew at least three or four years - Said Jones further said to affiant that he had been called upon to give evidence in relation to said
Page 45

Clarks service, but that he had refused to give the evidence, because of some misunderstanding or controversy between himself & said Clark - Affiant then urged upon said Jones the impropriety of such refusal & said Jones then promised affiant that he would give the evidence as he knew of his own knowledge that said Clark rendered the service and was entitled to a pension under the Law.
Said Jones was a man of respectability & truth & died in a short time after affiant had the said conversation with him
Robert A. Banks

The foregoing affidavit was taken & subscribed before me this 27th day of November 1851 & I certify that said Banks is a man of truth - Given under my hand and seal the 27th day of November 1851
Burwell Melone J.P.
Page 46

Madison County to wit.
I Belfield Cave Clerk of the County Court of Madison County, certify that Burwell Melone is a justice of the peace in and for said county, and that the foregoing signature purport- [obscured] is genuine.

In testimony whereof I hereto annex the seal of my office and subscribe my name this 27th Nov. 1851
Belfield Cave Clk

I further certify that the foregoing affidavit of Genl. Robert A. Banks is wholly in the handwriting of said Banks and his signature thereto is genuine.
Belfield Cave Clk
Page 47

Orange County
State of Virginia  To wit
Be it known that on this 3rd day of May in the year of Our Lord one thousand eight hundred and fifty two personally appeared before me the subscribing Justice of the Peace in and for the county aforesaid Wm. D. Clark the former committee of Robert Clark deceased of the county aforesaid who being duly sworn according to law deposeth and saith he being the committee in company with David Hunn now of Alexandria of aforesaid state finding the discarge [discharge] of said Robert Clark shewed the same to aforesaid David Hunn being also a committee to said Robert Clark.  That on the fourteenth day of March in the year eighteen hundred and fifty he mailed at the Madison Mills Post Office in the County of Madison state aforesaid letter containing the original discharge of Robert Clark signed by General George Washington to Bennett Clements of George Town in the district of Columbia aforesaid which letter he is informed and verily believes was never received by the said Bennett Clements.
And this affiant further saith that the said discharge stated the said Robert Clark had honorably served four years & some months (the exact number of months which he does not now recollect) in the Virginia Continental line  and three years & some months (the exact number of months which he does not now recollect) in the Virginia state line   But is led to believe as far as his recollection serves him the whole time in service was seven years & some months & some days.
And this affiant further states that it is the identity same Robert Clark who heirs & distributees, who are now claiming the pension from the pension office an additional Pension, for services rendered in the war of the Revolution by the said Robert Clark & who have already been allowed a pension for seven months service so rendered as aforesaid by the said Robert Clark in the Virginia malitia [sic].
And this deponent further saith that he know that the said Robert Clark who served as aforesaid in the Virginia malitia [sic] & whose heirs has received a pension for services so rendered to be the identical Robert Clark whose heirs now claim from the Pension Office of the United States an additional Pension for three years service on the Virginia State of Continental line in the war aforesaid and who has presented to the pension office a certificate of such service from the auditor of the State of Virginia.
Page 48

And he further states that he is not in any way interested in the subject of the Claim
W D Clark
Sworn to & subscribed before me a Justice of the Peace as aforesaid on this day and year aforesaid first above mentioned
Garnett Scott {JP}

Original to wit:
I, Philip S Fry, Clerk of the County court of Orange County in the state aforesaid, do hereby certify that Garnett Scott esq whose signature appears to the foregoing certificates annexed to the foregoing affidavits made before him by David Hunn and William D Clark who were on committee of Robert Clark deceased was on the days of the date thereof acting Justices of the peace for the County aforesaid duly commissioned and qualified and that full faith and credit are due to all his acts as such, and that his said signatures are genuine - In testimony whereof I hereto set my name and affix the seal of the said Court this 7th day of May 1852 and in the 76 year of the Commonwealth
Philip S Fry Clk
Page 49

57
Washington Jany 24/52
J. F. Clements
Appeals from the decision of the Comr of Pensions in the case of the heirs of Robert Clark: Act June 7. 1832.-

Ref'd to Com'r of Pensions
for a Report
Dept Intr
Jany 27/52
Page 50

Washington City D.C. Jany 24th 1852
To the Honorable
         The Secretary of the Dept of the Interior The undersigned most respectfully calls your attention to the application for an additional pension made by the Heir of Robert Clarke of Orange County, Va, filed by him in August 1857.  Under the Act of the 7th June 1832, which application has been rejected.
          To the undersigned the case being clear, Hence he shall be brief in his remarks upon it.
           It will appear upon examination, that the sole question is one of Identity.
           This Identity seems to your petitioner be be well established, and for these reasons.
           It will be remembered, that Robert Clarke has received a pension for 7 months services in the Militia and that his application now is for a further pension for 3 years services in the First State Regiment of Va.
           Now, the question raised by the Commissioner, of Pensions is whether the Robert Clarke who received a pension for services rendered in the militia, is the same Robert Clarke who served in the First State Regt of Va & who has presented a Certificate for 3 years service in that Regiment.
       He says, that he is not the same man.  Just how does he arrive at such a conclusion.  Why, by saying that because Robt Clarke served in the militia, therefore he cannot be the same Robt Clarke who served in the State Line of Va.  Such in effect is the conclusion of the Commissioner of Pensions.  This conclusion seems to your Petitioner to be a "non sequitur", for surely, it cannot be said that because a man served in one branch of the army that therefore he could not have served in another.
            Now, such a conclusion as that which the Commissioner seems to arrived at, might have been justified had it appeared from the evidence, that Robt Clarke
Page 51

served in the militia at the time that he claims to have served in the Va line, or "vice versa" or if it had appeared from any "rolls" in the possession of the Pension Office, that there was a Robt Clarke who served in the militia and another Robt. Clarke who served in the Va line, and from no other source could such a conclusion have been drawn.
     But from neither of these sources does it appear that there were two persons by the name of Robt Clark, one serving in the militia & the other in the Va line.
     Had there been any conflict in the evidence showing that he served in the militia at the time he claims to have served in the Va State line or showing that he served in the State line at the time he claims to have served in the militia: or further if the Department has in its possession other evidence, tending to show, that there really were two persons by that name, he's conceded that such a conclusion might have been authorized.
     But strange to say,  that notwithstanding, no such inconsistency or conflict appears in the evidence nor, any such evidence to prove that two persons of the name of Robt Clarke served, one in the militia and the other in the State Line;  has been produced yet this claim has been rejected, and rejected too,; not upon any known & established fact, but upon the mere surmise of the Commissioner, that there were two persons by the name of Robt. Clarke.
     Now, this is an illogical conclusion, and not only that, but stamps by the rejection of this claim, the character of the applicant, with the suspicion of willfully intending, by putting in a false claim, to cheat and defraud the Government, and that too, your petitioner respectfully submits in the face of evidence, which
Page 52

would convince any jury of the identity of the person and in the face of evidence, so strong, that were the life of a fellow man at stake, would ensure his conviction.
     This suggestion ( a suggestion not founded in fact) is a man of straw, which the Commissioner has set up, for us to knock down, we respectfully decline the contest, we decline it, not only because we deem it unreasonable & unjust, but further because it is contrary to the first principles of the laws of Evidence & Pleading
     There is no principle of law better established than, that the "burden of proof rests upon the party holding the affirmative" Greenleaf's Evidence 74 Stephens on Pleading 86 who is the party holding the affirmative in this case-not the applicant surely but the United States.  It affirms that these individuals of the name of Robt Clarke- but instead of proving the proposition, it calls upon the claimant to rebut and to rebut not an established fact, but a mere conjecture which ought to by every principle of law, to have been proved before it called upon the claimant to rebut it.
     Surely it cannot be the United States wishes to take advantage of its [illegible] , by calling upon them to rebut a conjecture, which in itself is bound according to long & well established principles of law, to prove to be an existent fact, before it would be justified in calling for a rebuttal.
     Therefore your Petitioner most respectfully suggests, that this claim is clearly established in accordance with the rules of law & good conscience and that he should not be called upon to comply with the demand for further evidence contained in the report of the Commissioner of Pensions.
Page 53

and respectfully & confidently asks a favorable decision from your honor.

Very Respectfully 
Your Obt Ser
J. Francis Clements
Page 54

37.660
38.30
1 3666
1.64
Page 55

Lel G. C. Ames May 2/51

No 37587

Robert Clarke
Va

Let to Horace Bull Feb 11'48
let ]to N. P. Cattlett
29th March, 1849
Let to J. E. Dow Apl 16
1849
Let. to Hon. P. Powell March 15 /50
Act 7 June1832   over
Page 56

Rel:  Oct 15:
Case of Josephine Berry heir of 
Robert Clark for increase of pension
Oct. 15/52

Commissioner of Pensions Present

Mr. Cole
Page 57

[obscured] the Interior,
Pension Office, Official Business.
J.E. Heath Commissioner


Geo. C. Ames, Esqr.
Present.
Page 58

Oct P. 56
Application of Robert Clark, for increase of pension

Oct 6/52



Commissioner of Pensions 

Present


Mr. Kirby
Page 59

Addl Evi: in cases

of Joseph Clarke and Robt Clark
Capt Triplett

Geo. C. Ames

James E. Heath, Esq.

Commissioner of Pensions
Page 60

Increase
Robert Clark dec'd
Va
Act 7 June 1832
Adm'd
2 yr private -$80.
per an to 7 Jan'y 1857 
when he died
Deduct former payments
 at the rate of $25.33 1/3
per an:
Payable to 
Josephine Berry 
only surviving child

J. Francis Clements
Present
Page 61

Washington City May 14th 1852

Comssr of Pensions

     Sir
          I herewith enclose additional evidence in the case of Robt Clark suspended on the 26 Dec 1857. 
As this case was suspended for want of evidence of the identity of the claimant.  I hope that the affidavit of Tom D. Clark will set all doubts at rest and that you will have a certificate issued for the increase of the pension
                Very Respectfully
                Your obt  ser
              J. Francis Clements
Page 62

The 7 months service under Capt. Waugh
is fully proved  by John Morrison and James Chiles whose pension papers I have examined

Kirby 
[illegible] 2/57
Page 63

Washington City  Oct 4th 1852
Commissioner of Pensions
                      Sir
     I respectfully make an application for an increase of pension in the case of Robert Clark of the State of Virginia:
     He has been pensioned under the Act of 1832 but from the evidence already on file we think that he is entitled to claim under the act of /28
     From the affidavits of Wm D. Clark &  David Hunn it will appear that Robt Clark served throughout the whole war and it is upon these affidavits that we rely for the increase of the pension already allowed

Very Respectfully
Your Obt ser
J Francis Clements
Page 64

Power of Attorney
Robt Clark's case
to
J. Francis Clements

Act   1828
Page 65

Know all men by these presents that I Josephine Berry of Orange County State of Virginia do hereby Irrevocably constitute and appoint J. Francis Clements of Washington City my true and lawful attorney with power of constitute for me and in my name to take charge of and Prosecute to  final settlement.  My Claim for Revolutionary Services before the department of the interior and to do and Perform all other acts in the Premises as fully as I myself could do and perform were I personally present as witness my hand and seal the 5th day of October 1832
    Joseyphine Berry.   seal

State of Virginia
Orange County

Be it known on the 5th day of October 1852 before the subscriber a Justice of the Peace in and for the said County personally appeared Josephine Berry above named and acknowledged this foregoing power of attorney which I have here to set my hand this 5th day of October 1832.

Ferdinand Jones -JP

Virginia to wit
      I, Philip S. Fry clerk of the county court of Orange County in the state aforesaid, do hereby certify that Ferdinand Jones, whose genuine signature appears to the foregoing certificate was on the day of the date thereof, as acting Justice of the Peace for the county aforesaid, duly commissioned and qualified, and that full faith as such and credit are due to all his acts as such
          In testimony whereof I hereto put my name and affix the seal of said court, this 9th day of October 1852, in the 77th year of the Commonwealth.
          Philip S. Fry  [illegible]
Page 66

Brief in the case of Robert Clark decd
County and State of Virga
act 7 June '32

Claim, ("original," or "for increase.")

Proof exhibited, (if original.)

Is it documentary, traditionary, or supported by rolls? If either, state the substance.
Record & parole.

(If for increase.)
Has additional evidence been filed since the admission of the claim? If so, what?

Name and residence of Agent
J. F. Clements
(Present)

Kirby
Examining Clerk.
Page 67

Stanardsville} 5
July 27th 1848}

Horace Bull Esqr
Certificate &C} Attorney at Law
of R White Esq} Orange CLC
Page 68

State of Virginia
Greene County to wit
Personally appeared before me John B White a Justice of the peace for the said County and State on this the 22nd day of July 1848, Richard White, of Greene County, and deposeth and saith that he knows Robert Clark of Orange County, and served with him in the early part of the Revolutionary War, Patrick Henry being then Governor, for one Term of Ten Months, under Captain John Scott, that they marched from Orange to Williamsburg, from there to Yorktown, and thence returned to Williamsburg, where they were discharged together and returned home
Richd White

I, John B White, one of the Justices for the County of Greene, in the State of Virginia, do hereby certify that Richard White, signed the above deposition, and made Oath before me that the facts contained therein are true
Given under my hand this 22nd day of July 1848 -
John B White JP

State of Virginia Greene County to wit:
I Robert Pritchett Clerk of the Court of Greene County Certify, that John B White Gentleman is a Magistrate as above that that the foregoing Signature purporting to be his is genuine. 
whereof, I have hereunto affixed my Seal of Office, and Subscribed my name this 22nd day of July 1848, in the 73rd year of the Commonwealth.
Ro Pritchett Clk
Greene County Court
Page 69

Dr Sir
Please furnish me the information requested, in the enclosed letter
Respy
Wm Smith
Commissioner of Pensions
May 7
Page 70

18
Robert Clark decd.
Va.
Act 7 June 1852.
Admd. 7 mo pri - $23.33 1/3
pr. Annum from the
4 March 1831. to 7th
January 1857 When
he died.
Payable to
Josephine Berry
only surviving child.

Cert to
Geo C. Ames
Present.
Page 71

Feby 5 48
5 Feb 1848
No 37,387
Robert Clarke
Va
act 7 June 1832

5

Horace Bull Esqr.
Orange C.H.
Va
Page 72

I Garland Ballard a Justice of the Peace for the County of Orange and State of Virginia do certify that Martin A. Dunn and Joseph Atkins were duly sworn before me as to the truth of the foregoing certificate - and that the said Martin A. Dunn who signed said certificate is a clergyman resident in the County of Orange and that Joseph Atkins is a credible person
Garld.. Ballard (JP)

State of Virginia
Orange County, to wit
I, Philip S. Fry, Clerk of the County Court of Said County, in Said State, do hereby Certify that John F. Taliaferro and Garland Ballard, whose signatures appear to the foregoing Certificate, now are, and were at the time of Subscribing the Same acting Justices of the Peace in and for the Said County, duly commissioned and qualified according to Law - that full faith and Credit are given to all their Official acts as Such, and that the Signature to Said Certificate purporting to be theirs, are their genuine Signatures - And I further Certify that the foregoing Contains the Original proceedings of Said Justices of the Peace, in the matter of the application of Robert Clarke of Orange County, Virginia for a pension.
In Testimony Whereof I have hereunto affixed my Seal of Office, and Subscribed my name, this the 1st day of February, One thousand eight hundred and forty eight, and in the 72d. year of the Commonwealth
P.S. Fry Clk
Orange County Court