Revolutionary War Pension and Bounty Land Warrant Application File S. 18518, for John Musgrave, Maryland
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Service
MD
Musgrave, John

Number 
S18518

Carded

Contents:
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Ohio 13478
John Musgrave
Of Green co. in the state of Ohio who was a Private in the co commanded by Captain Warfield on the Maryland line for Eleven months.

36 66/100

Inscribed on the Roll of Ohio at the rate of 36 dollars 66 cents per annum to commence on the 4th day of March 1831

Certificate of Pension issued the 27 day of July 1833 and levied to the Grover (illegible) G (illegible) Ohio

Arrears to the 4th of March 1833. 73.32
Semi-ant allowance ending 4th Sept. 33. 18.33

$91.65

Seal: Revolutionary Claim Act June 7, 1832

Recorded by MR Palmer clerk, Book (illegible) Bol. 8 Page 17
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13.478
N17.938
John Musgrave

(Scratched out) Return (illegible) 
Aom H. Mouthlis 
$36.66

J.L. Grover
Clerk (illegible)
Green County 
Ohio

Ohio
Feb 21 1833
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Brief in the case of John Musgrave of Green County in the state of Ohio
(Act 7th June, 1832)

1. Was the declaration made before a court or a Judge? A court

2. If before a judge, does it appear that the applicant is disabled by bodily infirmity?

3. How old is he? 72 years

4. State his service, as directed in the form annexed

Period, Duration of Service (years, months, days), Rank, Names of Generals and Field Officers under whom he served 

1777, between 3 months, Private, Captain Warfield 2. (Illegible) Galen

11 months, do, Capt. Burger, Gen Smallerod

Thinks about 2 months, do, Capt. Thomas

5. In what battles was he engaged? -

6. Where did he reside when he entered the service? Anne Arundel County, Maryland

7. Is his statement supported by living witnesses, by documentary proof, by traditionary evidence, by incidental evidence, or by the rolls? Traditionary evidence.

8. Are the papers defective as to form or authentication? And if so, in what respect? Yes - the declaration is made in several dis-connected sheets of papers.

X certify that the foregoing statement and the answers agree with the evidence in the case above mentioned. 

B.F. Pleasant, Examining Clerk
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John Musgrave
17938
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Hereby relinquishes every claim whatever to a portion or annuity except the present, and declares that his name is not on the pension roll of the agency of any State.
He says he has lived in the state of Maryland and Kentucky in Ohio ever since the revolt and for the last twenty five years in Ohio and was in the county of Greene, he (illegible) the reverend James Toulen (illegible) as his acquaintances with him (illegible) and year aforementioned.
Attest (illegible)
John Musgrave x his mark 
We James Toulen (illegible) in the County of Greene and Samuel Galloway of the same county say that we are well acquainted with John Musgrave who has sworn to and subscribed the above declaration that we believe him to be the ages he has stated, and say he is (illegible) and believed to have (illegible) a revolutionary soldier and that we concur in that belief.
(Illegible) 15th day of Sept 1832 (illegible)

James Toulen
Samuel Galloway
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And the said court do hereby declare this opinion after investigation of the matter and after putting the interrogations presented by the war department that the above named applicant was a revolutionary soldier and served as he states and this court further certifies that it appears to them that James Toulen who has signed the preceding certificate is a clergyman resident in Greene County Ohio and that Samuel Galloway who has also signed the same is a resident of the same county of Greene and is a credible person, and that this statement is entitled to credit.

I James L Grover Clerk of the (illegible) of (illegible) Place of Greene County by the State of Ohio aforesaid do hereby certify that the foregoing contains the original providing of the said court in the matter of the application of John Musgrave for a pension.

In testimony (illegible) have hereby to let my name and seal of office, this 13th day of September 1832

J. L. Grover
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State of Ohio
Greene County
Personally appeared in open court, before the Judges of the court of Common Pleas now sitting in and for the County of Greene John Musgrave a resident of Xenia in the county of Greene and state of Ohio, aged Seventy two years answered as a person, 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, (illegible) June 7th 1832

That he entered the service of the United States under the following named officers, and served as herein stated (to wit) -

That he was drafted as a Militia man, in the month of May or June 1777, under Captain Robert A Waifield and Lieutenant Harry Eaton and was immediately marched to Baltimore, and the company were then attached to Colonel Gaters Negurcut where
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He thinks they remained there or between three and four months, this call was made at a time when a british Firggate came near, and an attack was expected on the town, he was then only seventeen years old he then lived in the County of Anandel in the state of Maryland (where he was (illegible)) he obtained a discharge, an a certificate, from his Captain of having served a tower of duty according to the (illegible). This certificate he has long since lost and has it not now in his power to produce. He returned home from said service, and some time afterwards, the time was not recollected, he volunteered his services as a soldier for six months under Captain Burgess and Lieutenant Hammond, and was attached to General Swallogoods Briggade but the regimen or the name of his Colonel he cannot now remember, this core was called the flying camp they were marched to a place called
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The White House on the Susquehanna River, in the state of Pennsylvania where they remained about two months, as their headquarters, but were engaged as minute men and called from place to place as their services were required. He was in a detachment under Lieutenant Fisher with beef cattle for the American army when an attack was made on them by a party of British light house, we had a Seven (illegible) the field, we took two of them prisoners, and they killed ten of our forty, this skirmish was on the road to Philadelphia between the White House and Hamburgh on or near the Susquehanna. He was one of the guard, that guarded the prisoners at (illegible) Town, which were taken with (illegible). He was under Captain Thomas, a militia Captain and was there about two months, he says he did obtained a discharge in writing from his Captain Burgess T the expiration of his six months since under General Smallwood but that certificate
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Discharge has been lost and destroyed and not now in his power to produce - He states that he was under Captain Thomas in the detachment which went against a party of Torys who has assembled in the (illegible) a few miles from Friedrich town under General Morningstar their leader, we took thirty of the Tories and brought them to Friedrich Town jail and three of them were afterwards hanged in the town (illegible).

Placket L Fletcher he was one of the guard at the time they were hanged, my brother Benjamin Musgrave was jailer and keeper of the prison at Friedrich at that time he cannot state how long he was engaged in this last service, but thinks as much as two months - he has no record of his age and nor has he any other documentary evidence in his possession or power nor does he know of any person living by which he can prove his services
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18518
INVALID
File No.: 18318
John Musgrave
Pre Rev War

Act: - Vol. / Page: 296

Arrangement of 1870
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State of Ohio
Green County

Personally appeared before me the undersigned a Justice of the peace in and for the County of Green who being duly sworn saith. That by reason of old age and consequent lapse 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 period mentioned below. In the following grades (illegible).
As drafted Militia Man and private Soldier, under Captain Warfield as stated in his former declaration three months, as a volunteer and private Soldier under Captain (illegible) six months, as a volunteer and private under Captain Thomas two months in all eleven months and for such service he claims a pension. This is explanatory of his former declaration and to which it is attached.
Illegible signature
Sworn to and subscribed before me this 13th day of May A.D. 1833

David Douglass
Justice of the peace
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The State of Ohio
Greene County

James L Grover Clerk of the Court of Common Pleas of said county do hereby certify that David Douglass Esq. before whom the foregoing affidavit was this day made is an acting Justice of the Peace within and for said county authorized to administer oaths and that the signatures purported to be his is genuine.

The testimony when I have (illegible) to set my name and seal of said court at (illegible) this 13th day of May 1833.

Signed: JL Grover clerk
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(Roman numerals) 
XL. Has the applicant obtained the evidence of a clergyman and another respectable citizen as to their belief respecting his age and the general belief in his neighborhood relative to his revolutionary service? Yes.

XII. If the clergyman’s affidavit has not been produced, is there any reason assigned for not obtaining it? (Not answered)

XIII. If the applicant has no documentary evidence, and has not obtained the testimony of at least one living witness, has he stated in his declaration that such proof cannot be had? Yes.

XIV. If the applicant’s name is not found on the rolls of military service, has he produced a witness or witnesses as to his service? (Not answered)

If he has produced direct proof as to service, has the magistrate who administered the oath, certified to the credibility of the witness or witnesses? (Not answered) Has the proper officer certified to the official character and signature of the magistrate as the regulations direct? (Not answered)

XV. Does it appear from any of the papers that the witness was in such a situation, or if such an age as to have personal knowledge of the applicants service? (Not answered)

XVI. Are the papers authenticated as the regulations direct? No.

XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered? Yes.

Explanatory Notes:
QUERE V. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words: “Personally appeared before me, the undersigned, a Justice of the Peace and A.B. Who, being duly sworn, deposith and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as the precise length of his service, but according to the best of his recollection he served not less than the periods mentioned below and in the following grades; For ____ year ____ months, and _____ days, I served as a _____ For _____ months and _____ days, I served as a ______ and for such service I claim a pension.
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BRIEF objections to the admission of Pension claims, of which those answered in the negative, in red ink, will apply to the claim of John Musgrave, which require further proof of explanation. 

(Roman numerals)
I. Does the declaration show where the applicant resides? Yes.

II. Did the declaring make the declaration in the county where he resides? Yes.

III. If the applicant did not make the declaration in the county where he resides, is there any reason assigned for his not doing so? —-

IV. Has the declarant mentioned the propped or periods of war when he served? Yes.

V. Has he mentioned with precision the length of his service, and the different grades in which he served, in language so definite as to enable the department to determine to what amount of pension he is entitled? Nay. 

VI. Has he given the name of the officers under whom he served, in conformity with the regulations? Yes.

VII. Has the court given their opinion? Yes.

IX. Has the clerk given his certificate? Yes.

X. Is the clerk’s seal affixed? And if so, has it a device or inscription by which it can be distinguished from any other seal? Yes.
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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 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 they served two years in the militia, etc. 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 shewn (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. 

QUERE XIV. Proof of Service
In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses, who are required to act forth in their affidavits the time of the claimants entering the service, and the time and manner of his leaving the same as well as the regiment, company, and line to which 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 his seal of office. 

QUERE XVI. 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 paper 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.

In every case where the clerk of the county or other certifying officer, has not public seal or office, the certificate of a member of Congress, proving the official character and signature of the certifying officer, should accompany the paper.