Revolutionary War Pension and Bounty Land Warrant Application File S. 22,704, James Cross, Penn.

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Service Penn.
Cross, James
Number S. 22704

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Date of [illegible] 
not on [illegible]
22,666
Pennsylvania
---
James Cross
of York Co. in the State of Penna who was a Private in the Co commanded by Captain Morton of the Rgt commanded by Lt. Barr in the Pennsylvania line for 6 months.
Inscribed on the Roll of Penna at the rate of 20 Dollars 00 Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 29 day of [illegible] 1833 and [illegible] to David Corey. York Penna.
---
Arrears to the 4th of Sep. 1833. 50.
Somenant. allowance ending 4 Mar 34. 10.
$60.00
Revolutionary Claim,
Act June 7, 1832.
Recorded by Mr. R. Palmer Clerk,
Vol. five Page ten

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State of Pennsylvania }ss
County of York

     On this 22nd day of June A.D. 1833 personally appeared before me the subscriber one of the Judges of the Court of Common Pleas in and for said county of York in the State of Pennsylvania, James Cross Esq aged seventy three years who being first dully sworn according to Law doth on his oath make he following declaration in order to obtain the benefit of an Act of Congress passed June 7th 1832
     That on as or about the month of July 1778 he was drafted in Westmoreland County in the state of Pennsylvania in Captain Morton Company of Militia Regiment Commanded by Col Baar and that he served for two months at Fort Baar, about  thirty miles from the place of his residence and duly served out the time for which he was drafted and was honorably discharged by Capt Morton to was two months, at Fort Baar.  That in the same year in the month of September or October he volunteered to in Capt Robbs Company and marched to Fort Walker in Westmoreland County Pa and duly served t the time for the engaged and for—-to For two months and was then discharged by Lt. Ritch at Fort Walker.
     That in the year 1778 about the month of November he served as a substitute for one Andrew Walker at Fort Wallis two months and was honorably discharged at Fort Wallis and duly served out his time and that he served at least altogether six months in the army of the Revolution and I further declare that I have no documentation, evidence in my possession except a receipt which I received in part pay for my services which is hereunto annexed and that there is no person now living whose testimony I can get to prove my services at the present time to my knowledge and I further declare that I am not on the pension roll of agency of any state nor did I ever apply for a pension or annuity except in the present instance and that I do hereby relinquish every claim whatever to a pension or annuity the present———————————————————————————————————————————————————————————————————————————
Turn over.  (End of page)

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(Page damaged first word is lost) on by July) 1 Where and what place were you born
Answer. I was born in Ireland in the year 1760-
Question by Judge 2. Have you any record of your age and fig so where is it?
Answer I have a record of my age in my possession
Question by Judge. 3. Where were you living when called into service drafted where have you lived sense the revolutionary war and where do live now
Answer - I lived in Westmoreland County when called into service and have lived in York County ever sense the RevolutionaryWar I now live in York County
Question by Judge  4. How were you called into service were you drafted did you volunteer or were you a substituted and if substituted for whom?
Answer - The first tour I served I was drafted the second tour I served I volunteered the third tour I was a substitute for Robb which name I have forgotten.
Question by Judge 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
Answer - I was acquainted with Col Campbell and Col Baar and Capt Morton and Capt Robb
Question by Judge 6. Did you ever receive a discharge from the services and if so by whom was it given and what has become of it 
Answer- I received no written discharge
Question by Judge 7. State the names of persons to whom you are known in your present neighbourhood and who can testify to your character for veracity and there belief of your services as a soldier of the Revolution.
Answer - John Gambel John Wilson David Wilson John Kelly Jacob Groves Henry Toms can all testify to my character and there belief of my services as a Soldier in the Revolution.

Sworn to and subscribed before this 22 day of June A.D. 1833}.            James Cross

Geo. Barnitz

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Mr Robert Cathcart - residing in the Borough & County of York Pa and no Andrew Duncan of the same place do- hereby certify that we are well acquainted with James Cross Esq who has subscribed and sworn to the foregoing declaration that we believe him to be seventy three years of age that he is reputed and believed in the neighbourhood to have been a soldier in the Revolution and that we concur in that opinion.                                Robt Cathcart
Geo Barnetz.                              Andrew Duncan
——————.                                ~~~~~~~~~~~~

And I the said Judge do hereby certify declare my opinion after the investigation of the matter and after putting the interrogatories prescribed by the War department that the above applicant was a revolutionary soldier and served as he states and I further certify that the Rev. Robert Cathcart who has signed the preceding certificate is a clergyman resident in the Borough of York Pa and that Andrew Duncan who has signed the same is a resident in the same and is a credible person and there statement is entitled to credit and testimony where of I have hereunto set my hand 
Geo Barnetz

(There are 3 lines that have either been erased, or are lost due to age. The letters are extremely light like when someone erases. I can only pick out “I further certify that this illegible for remaining sentences) and he signed again Geo Barnetz

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28.(484 lined through) 22.666

James Cross
Pennsylvania

Adm 6 months

David Corey
York
Pennsylvania

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WAR DEPARTMENT.
Pension Office,
27 Nov 1833
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 show what is necessary to be done. Those points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus: } You will, when
you return your papers to this Department, send this printed letter with them; and
you will, by complying with this request, greatly facilitate the investigation of your
claim.

A statement, showing the Service of James Cross
Period of when the service was rendered: 1778
Duration of the claimant's service: 2 months
Rank of the claimant: Private
Names and rank of the Field officers
under whom he served: Capt. Morton
Age at present, and place of abode when he entered the service: 73 years, Westmoreland Co., Pa.
Proof by which the declaration is supported: Traditionary

Period of when the service was rendered: 1778
Duration of the claimant's service: 2 months
Rank of the claimant: Private
Names and rank of the Field officers
under whom he served: Col. Barr
Age at present, and place of abode when he entered the service: 73 years, Westmoreland Co., Pa.
Proof by which the declaration is supported: Traditionary

Period of when the service was rendered: 1778
Duration of the claimant's service: 2 months
Rank of the claimant: Private
Names and rank of the Field officers
under whom he served: Capt. Robb
Age at present, and place of abode when he entered the service: 73 years, Westmoreland Co., Pa.
Proof by which the declaration is supported: Traditionary

I am, respectfully,
Your obedient servant
JAMES L. EDWARDS,
Commissioner of Pensions.

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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, Boatmen, &c. Persons who served on board of private armed vessels are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service.
Four general classes of cases are embraced in this law:
1. The Regular Troops.
2. The State Troops, Militia, and Volunteers.
3. Persons employed in the Naval Service.
4. Indian Spies.
As rolls of the regular troops in the Revolutionary War exist in this Department, all persons claiming the benefit of this law as officers, non-commissioned officers, 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 every Court having by law a seal and Clerk is considered a Court of Record.
DECLARATION.
In order to obtain the benefit of the Act of Congress of the 7th of June, 1852.
State, Territory or District of
County of       SS
On this     day of     personally appeared A  B, (c)  a resident of     in the county of     and State, Territory or District, o     aged (c)      years, who being first duly sworn, according to law, doth on his oath make the following declaration, in order to obtain the benefit of the provision made by the act of Congress, passed June 7th, 1832. That he enlisted in the Army of the United States in the year (d)    with    
and served in the     (e) regiment of the     line
under the following named officers:
[Here set forth the names and rank of the Field and Company Officers; the time he left the service; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers;) the town or county and State in which he resided when he entered the service; the battles, if any, in which he was engaged,
and the country through which he marched. This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.]
He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State
the Agency in the State any state, or if any) only on that of the Agency in the state of 

Sworn to and subscribed the day and year aforesaid.
[And then will follow the certificate of the Court.]   .A. B

And the said Court do hereby declare their opinion (g) that the above-named applicant was a revolutionary soldier, and served as he states.
I,           of the Court of     do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of     for a pension.
In testimony whereof, I have hereunto set my hand and seal of office (i) this     day of     &c.
If, on examination of the proper record, the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out.
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz:
(k) We, A. B., a 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 one 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 propound the following (m) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.
1. Where and in what year were you born?
2. Have you any record of your age, and if so, where is it?
3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?
4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom?
5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services.
6. To a Soldier: Did you ever receive a discharge from the service, and if so, by whom was it given, and what has become of it?
To an Officer: Did you ever receive a commission, and if so, by whom was it signed, and what has become of it?
7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character 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 nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion.
If one of these persons is a Clergyman, the Court will so certify, and they will also certify to the character and standing of other persons giving such certificates.
The traditionary evidence of service is deemed very important, in the absence of any direct
proof, except the declaration of the party. And the Courts are requested to be very particular in the inquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
Applicants are required to submit to the examination, before a Judge or Justice of a
county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court.
Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the Peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature.
No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.
[a] The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance.
[b] The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not conforming to the rule.
[c]
The age of the claimant must invariably be mentioned.
[d] The declarant must mention the period or periods of the war when he served.
[e] Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had. Every claimant must state, with precision, the length of his service, and the different grades in which he served, in language so definite as to enable the Department to determine to what amount of pension he is entitled. In a case where the applicant cannot, be reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service; but, according to the best of his recollection, he served not less than the periods mentioned below, and in the following grades:
For _____ year, _____ months, and _____days, I served as a _____.  For _____ year, _____ 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, &c. 
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 makos the relinquishment indispenable.
[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 distinguish
from any other seal, or if he has no public seal of office, the certificate of a Member of Congress, proving the official character and signature of the certifying officer, should accompany the papers.
Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other papers authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
Proof of Service.
[j] In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses who are required to set forth in their affidavits the time of the claimant's entering the service, and the time and manner of his leaving the same, as well as the regiment, company and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
The notes from [a] to [i] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in note [j] applies to continental troops only.
[k] This traditionary evidence is indispensable in militia cases.
[l] If a witness cannot be found, the declarant must state the fact.
[m] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.

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April 8, 1936
Xxxxxxxxxxxxxxxxx
BA-J/EEl
James Cross-S-22704

Mr. H.J. Young
Historical Society of York County
York, Pennsylvania

Dear Sir:

     Reverence is made to your letter in which you request the Revolutionary War record of James Cross, of York County, Pennsylvania, pensioned in 1833, for his services.

     The data which follow are obtained from the papers on file in Revolutionary War pension claim, S.22704, based upon the military service of James Cross in that war. 

     James Cross was born in 1760, in Ireland.  The date of his arrival in America and the names of his parents are not shown.

     While residing in Westmoreland County, Pennsylvania, James Cross enlisted and served as a private in the Pennsylvania Troops, as follows:  from July, 1778, two months in Captain Morton’s Company, Colonel Baar’s Regiment: from September or October, 1778, two months in Captain Robb’s Company: from November, 1778, two months, names of officers not shown.

     He was allowed pension on his application executed June 22, 1833, while living in York County, Pennsylvania, where he had resided ever since the Revolution. 

     There are no data as to soldier’s family.

                          Very truly yours

                           A.D. HILLER
                           Executive Assistant to the                      Administrator.

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22,704
INVALID.
Revolution
-----
File No. 22,704
James Cross
Private, Rev War
Act, June 7 38
Index: -Vol 2, Page 89
[Arrangement of 1870]

1915 Apr 20, history to Mrs. F. E. Shelter. M.13.H
-----
1930-March 12 - History to 
Mr Frank C. Cross
-----
1936-Apr 8. History to
H.J. Young

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Receiver-General's Office, Philadelphia.
RECEIVED 16th day of September, 1788
of James Cross, the sum of Sixteen pounds in Contint. Certif, in part for 150 acres of land, in Windsor Township 1788 in the county of York
granted to the said Cross by warrant dated the 9th Instant for Francis Johnston Esq
John Kible

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Pennsylvania
York County, SS.

I John W. Hetrick, Prothonotary of the Court of Common Pleas of said County, do certify, that the Honourable George Barnitz. before whom the amended Declaration was made, and depositions were taken is and was at the time of signing his name thereto, one of the Judges of the Court of Common Pleas aforesaid and as such is duly commissioned and qualified, and believe the signatures to the same, to be in his proper hand writing - 

In Testimony whereof I have thereunto set my hand and affixed the Seal of said Court, at York Borough, this 10th day of September, A. D. 1833
John W Hetrick   Prothy -

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R.F.D. #2
Jane Lew W. Va
Apr. 13, 1915

Bureau of Pensions
Washington, D.C.

Gentlemen:

Will you kindly let me know if any of these
Revolutionary soldiers drew a pension - Thomas Cross, John Cross, Wm. Cross
Joseph Cross, James Cross and give me any data you may have. All their names appear on muster rolls of the war of the Rev. from York Co. Pa.

Yours truly
Mrs. F. E. Shetter

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FRANK C. CROSS
1230 NORTH FIRST STREET
GENEVA, ILLINOIS
Jan. 20, 1930
United States Bureau of Pensions
Washington, D.C.
Gentlemen:
Will you kindly inform me whether
James Cross of  Westmoreland (or Fayette )
 County, Pennsylvania applied for a pension
on account of his Revolutionary service.
If he did apply, his application was
probably made from Ohio County, Virginia
Adams County, Ohio.
I shall much appreciate your reply to 
this inquiry, and an abstract
James Cross' application
Respectfully,
Frank C. Cross 
P. S. James Cross enlisted
from Westmoreland County, Pa.
from which Fayette County was
later separated.
He may also have seen service from 
York County, Pa.

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OFFICERS
HON. H.C. Niles
President
S. FAHS SMITH
Vice President
RALPH S. CANNON
Treasurer
REINHARDT DEMPWOLF
Curator and Secretary
JAMES W. SHETTEL
Corresponding Secretary

HISTORICAL SOCIETY
OF YORK COUNTY
Founded 1895
York, Pennsylvania

TRUSTEES
FRANCIS FARQUHAR
Chairman
GEORGE H. WHITELEY, JR.
S. FAHS SMITH
S. FORRY LAUCKS
J. WM. STAIR
HON. FRANKLIN MENGES
JOSEPH K. KINDIG, JR.

March 18, 1936

[stamp] RECEIVED MAR 19 1936 [stamp]

Veterans Administration
Washington, D. C.

Gentlemen:-

Will you kindly let us know what personal records you have for James Cross of York County, Pennsylvania, pensioned in 1833 for services in the Revolution?

Very truly yours
THE HISTORICAL SOCIETY OF YORK COUNTY
[signature] H. J. Young [signature]
H. J. Young, Researcher.

HYY:S

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Rev. and 1812 Wars Section
EEL

March 12, 1930

Mr. Frank C. Cross
1230 North First Street
Geneva, Illinois

Dear Sir:

I advise you from the papers in the Revolutionary War pension claim, S.22704, it appears that James Cross was born in 1760, in Ireland.

While residing in Westmoreland County, Pennsylvania, he enlisted and served in the Pennsylvania Troops as follows:

From July, 1778, two months in Captain Norton's Company, , Colonel Barr's Regiment.
["Could not verify Col. Barr" written in right margin]

[illegible note in left margin] From September or October, 1778, two months in Captain Robb's Company.

From November, 1778, two months, officers' names not stated.

He was allowed pension on his application executed June 22, 1833, while living in York County, Pennsylvania, where he stated he had resided ever since the Revolution.

There are no data concerning his family.

The above is the history of the only soldier named James Cross found on the Revolutionary War records of this bureau,

Date of death not out  AB

Very truly yours

EARL D. CHURCH
Commissioner.

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REVOLUTIONARY WAR RECORDS SECTION 
                                3-325
                             ———————
…………DEPARTMENT OF THE INTERIOR,
……………..BUREAU OF PENSIONS,
…………………Washington, D. C., ………, 19…….

………………………………..
                    ……………………….
…………………….
     In reply to your request of……, received…….
For a statement of the military. Hist or of James Cross a soldier of the REVOLUTIONARY WAR, you will find below the desired information as contained in his (or his widow’s) application for pension on file in this Bureau.  S3.22704
===================================
(5 columns with the following headings)
DATES OF ENLISTMENT OR APPOINTMENT
LENGTH OF SERVICE
RANK
OFFICERS UNDER WHOM SERVICE WAS RENDERED. (CAPTAIN.  COLONEL)
STATE
……………………………………………………………………
1. July 1778, Sept or Oct. 1778 Nov 1778
2. 2 mos, 2 mos, 2 mos
3. Private
4. Captain Morton. Colonel Baar, Captain Robb, names of officers not stated
5. Pennsylvania

Battles engaged in, none stated
Residence of soldier at enlistment, Westmoreland  County, Pennsylvania
Date of application for pension, June 22, 1833. His claim was allowed.
Residence at date of Application, York Co. Penn, where he has land since the war.
Age at date of application, born in Ireland in 1760
   Remarks: There is no family data on file—————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————
                           Respectfully, 
                                                     Commissioner.
Add: This is the history of this only etc. 
6-2856