Revolutionary War Pension and Bounty Land Warrant Application File R. 5738, for Reuben Jones, South Carolina

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(3-1776)
SERVICE
S.C.
Jones, Reuben
NUMBER
R. 5738
CONTENTS
born 1766, Craven Co, S.C. & res [illegible] at eul.
in 1832 res. Tuscaloosa Co, Ala.

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Revolutionary
Claim of
heirs of
Reuben Jones
South Carolina [crossed out]
Alabama
suspended
act 1832
Filed 3 March 1853
F. E. Hassler
Washington

W Cole
Mar 3/3

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State of Alabama 
County of Tuscaloosa 
Be it Known that before me John J Samuel a Justice of the Peace for said County personally appeared David G. Jones aged fifty two years, who being duly cautioned and then sworn in due form of law, states that he is the son of Reuben Jones and Nancy Henry wife of James H. Henry aged forty four years who being duly cautioned and Sworn in due form of law, states that she is the daughter of Reuben Jones - who was a Revolutionary Soldier in the State of South Carolina, and that he died on the first day of February 1836 and that their mother named Rebecca died on the 13th day of November 1843, and that they were married on the day of in the year 1788 and that they were residents of Wilkes County State of Georgia and they resided there about thing one years and that they died in the State of Alabama County of Tuscaloosa where they had resided for near fifteen years - and that deponent reside in the County of Tuscaloosa State of Alabama and that further more they together with James H. Henry the husband of the said Nancy By these presents constitutes appoints and fully empowers and authorizes irrevocably, and with power of substitution F E Hassler of Washington City D.C. as our true and lawful Attorney for us and in our name and stead to examine into to prosecute, to demand and to receive from the U.S. Government and state offices our rights in all and in any manner of claim for pension formary or increase of Pension or Land that may be due us as heirs of said Reuben Jones who died

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leaving the same undrawn, as in right of law we may be entitled In Witness whereof we have on this 23rd day of November A.D. 1852 hereuntoset  our names and affixed our seals 
Witness G W Jennings 
Witness James B. Rogers 
David G Jones (Seal) 
N H Henry 
J.H. Henry Seal 
Signed, sealed, acknowledged, and sworn to before me; and I further certify that David G Jones and Nancy Henry have always by the community been known as the Children of Reuben Jones 
Dated on this 23d day of November 1852. 
John I Samuel J. P. 
State of Alabama 
County of Tuscaloosa 
To wit. I Hereby Certify that John J Samuel Esqr before whom the foregoing affidavits and acknowledgement was made and who has thereunto subscribed his name, was at the time of so doing a Justice of the Peace in and for the County aforesaid duly commissioned and sworn, and that his signature above written is genuine 
In Testimony whereof I have hereunto set my hand and affixed the seal the Court of Probate this Twenty third day of November eighteen hundred and Fifty two 
Moses McGuin 
Judge of Probate 
Tuscaloosa County Alabama

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State of Alabama 
County of Tuscaloosa 
On this 10th day of December 1832 personally appeared in Open Court before Marmaduke Williams Judge of the County Court for the said County now sitting: Reuben Jones a resident of the State & County aforesaid aged 66 years who being first duly sworn according to Law doth on his oath make the following declaration, in order to attain the benefit of the Act of Congress passed June 7th 1832 
That he entered the service of the United States under the following named officers and served as herein stated.
That he was born in the year 1766 on the Hills of Santee Craven County South Carolina 20 miles from Cambden on the Charleston Road, at which place he continued to reside until the war, & at about the close of his 13th year in the fall of the year 1779 he volunteered under a press master whose name was James McCormack acting as was understood in behalf of the United States troops & Army, and authorized so to do by General Richardson He did not engage for any particular period of service, but served that fall and winter some thing more than four months: This service consisted in driving live stock to Monks

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corner; at which place it was butchered, & thence carried by water to Charleston. - for this service he received no pay. 
The next fall (1780) and after Gate's defeat he joined Marion under Captain Nettles for an unlimited service, & was with him through the fall of '80 and winter of '81 in the whole about two or three months; he was while thus engaged in the Battle or skirmish of Rights Bluff on Santee River, it is sometimes called Scoto Lake & sometimes Fort Watson. After this he returned home & in the spring of '81 he engaged as a Waggoner under General Greene and served as such till fall. He was not far off when the Battle Eutaw Springs occured, & was then with others guarded by Captain Nettles. In the fall of 1781 he was engaged as an Express by James McCormick who acted under the authority of General Greene, while acting as an express he performed a great deal of dangerous service. When not immediately acting he staid at the house of said McCormack who was his uncle by Marriage, & this affiant an Orphan. 
He was afterwards employed to carry a Flag to Charleston to procure the release of an orphan child that was there, which was near the close of the war, & nearly completes his service, which altogether amounts to about the time of 22 months.

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Since the close of the war he has made several removals, and for some years has been a citizen of the State of Alabama Tuscaloosa County 
That he has no Register of his age, but from information and various incidents he does not doubt of being 66 years & stated he has no documentary evidence, & that he knows of no person whose testimony to his service 
He hereby relinquishes every claim whatever to a pension or annuity except the present and declares that his name is not on the pension roll of the agency of any State
Reubin [Reuben] Jones his mark X 
Sworn to & subscribed this 10th December 1832
John A Hodges Clerk of the county court 

We Thomas A Smith a clergyman residing in the County of Tuscaloosa, and Benj Fontaine residing in the same county hereby certify that we are well acquainted with Reuben Jones who has subscribed and sworn to the above declaration, that we believe him to be 66 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. 
Thos A Smith
Benjamin B. Fountaine
Sworn & subscribed to the 10th of December 1832 
John A Hodges Clerk of the County Court

And the said Court does hereby certify & declare their opinion to be, after a full investigation of the matter and after putting the questions prescribed by the War Department, that the above

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named applicant was a revolutionary soldier & served as he states, & the court further certifies that it appears to them that Thomas A Smith who has signed the preceding certificate is a clergyman resident in the county of Tuscaloosa and that Benjamin B. Fountaine who has also signed that same is a resident of the same county & is a credible person & that their statement is attributed to credit. 
M D Williams Judge C Court

I John A Hodges clerk of the county court for the court aforesaid do hereby certify that the foregoing contains the original proceedings of the said court in the matter of the application of Reuben Jones for a pension
In testimony whereof I have hereunto set my hand & seal of office this 28th day of December 1832.
John A Hodges Clerk

Reuben Jones Declaration for Pension 22493

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David Sudduth 
Thos McCrackin 
Jolly Jones 
C Finnell 
P.W. Wilson 

J W Jenkins Clk Tuskaloosa County 
Thomas Terrell 
C S. All 
Ball 
Robt. S. Foster 
J.N. Mack 
John Meek 

Henry W. Cother 
Chas Norman

Reuben Jones Petition to Congress
Dec 16 1833
Resp to Comm Rev Pensions
Dec 19 1833
Com as described to lie

March 74 Rev Pension

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To the Senate & House of Representatives of United States. 
your petitioner Reuben Jones humbly represents unto your honorable body. That he was a Revolutionary Soldier in the manner that he has set forth to the War Department and which document accompanies this his petition. The act of June 7th 1832 seems not to embrace his case, and however meritorious his service may have been he is excluded from the common compensation which old age is now receiving for the patriotism & services of youth. 
predicating his claim upon the parts set forth in his petition to the war department and their denial of it; he now humbly prays the Congress of the United States to allow him such compensation for his support as may be amenable. He is old, infirm; his family grown up & left him & though not in absolute want yet his circumstance are narrow and limited He prays a favorable reception to this his petition and as in duty bound he will ever pray 
Ruben Jones  his Mark

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The undersigned are well acquainted with Reuben Jones the above petitioner. He is a man of undisputed merit, & we do not doubt he has rendered the services here presents in his petition to the War Department under the act of June 7th 1832
He is old and very infirm, & we believe a pension from government would be upon him well bestowed October 10th 1833.
[first column]
E Shortridge
S G Freeson, Mayor Tusca.
W Y Glover Sheriff
Moses M Gain Clerk City Court
Benjn. B. Fontaine
Dennis Dent
James Paul
N. Perkins
John Davis
Jas. Guild
I am well acquainted with the gentlemen who signed the above & state that they are all respectable & their statement may be relied on implicitly
John Gayle
Dan. M. Riggs
Jno. V. Cumming
Thos B McGeher
LB Swing
[second column]
Jno. L. Tindall
Joseph Lacy
W. Moody
Wm. J. Tanshl
John J Samuel
William Duncan
George Brown
James S. Johnson
John R. Drish
James Paul
M. D Williams
[illegible]
W.W. McGuire
Otis Dyer
Peter Donaldson
Alex McCoun
H Cochran
Benjamin Whitfield

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No 22. 493.
Reuben Jones
Tuscaloosa
Alabama
[strikethrough - Return illegible]
Rejected, did not serve six months in a military capacity. Per letter 26 Feb 1835 to

Hon. S.W. Mardis H.R.

[start strikethrough]
E. Shortridge Tuscaloosa Alabama
Let 54 dis Ho him
[end strikethrough]

Feb. 4. 1835

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WAR DEPARTMENT,
Pension Office,
June 24th 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 shew 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, shewing the service of Reuben Jones Tuscaloosa Alabama
Period when the service was rendered.
Durations of the claimant's service. Years. Months. Days.
Rank of the claimant.
Names and rank of the Field officers under whom he served.
Vol
1779  months 4 Gen Richardson
1780 about 2 or 3 [mos] " Marion
1781 not stated " Green.
" day
Age at present, and place of abode when he entered the service.
66 years
Craven Co.
So Carolina
Proof by which the declaration is supported.
Traditionary
He was also employed to carry a flag of that his whole service was 1. [yr] 10. [mos]
I am, respectfully,
Your obedient servant,
J. L. EDWARDS,
Commissioner of Pensions.

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2
REGULATIONS UNDER THE ACT OF JUNE 7, 1832.
The following regulations have been adopted:
This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army, and to include under the terms "Continental Line," "State troops," "militia," and "volunteers," all persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, &c, Teamsters, Boatmen, &c. Persons who served on board of private armed vessels are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service.
Four general classes of cases are embraced in this law:
1. The Regular Troops.
2. The State Troops, Militia, and Volunteers.
3. Persons employed in the Naval Service.
4. Indian Spies.
As 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, mucicians 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, 1832.
State, Territory, or District of } ss.
County of
On this day of personally appeared (a) before A. B. a resident (b) of in the county of and State, Territory or District of 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, or (if any) only on that of the Agency in the State of
Sworn to and subscribed the day and year aforesaid. A. B.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states.
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
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 principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.
The Court will propound the following (m) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.
1. Where and in what year were you born?
2. Have you any record of your age, and if so, where is it?
3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?
4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom?
5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services.
6. To 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 unable to appear in Court, by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court.
Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the Peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge 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, 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, &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 - 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 such 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 of 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 makes the relinquishment indispensable.
(g) The opinion of the Court is always required.
(h) The Clerk must give his certificate in every case.
(i) The Clerk must affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he has no public seal of office, the certificate of a Member of Congress, proving the official character and signature of the certifying officer, should accompany the papers.
Mode of authenticating papers.
In every instance where the certificate of the certifying officer who 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 the seal of office.
(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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5738
P. O.
Reuben Jones
REJECTED
Service:
Enlisted:
Discharged:
Application filed:
Alleges: 
The printed list of 1852 gives cause of rejection as: He did not serve six months as a soldier"
Re-enlisted:
Attorney:
P. O.
Recognized. Contract.
Cert. of Dis. Searched for

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Rejected
See letter to Hon. S. W. Mardis
27. Feb. 1835

5738

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War Dept. Pen Office
Feb. 27, 1835
Sir
The papers in support of the claim of Reuben Jones have been examined. He alleges that when a little over thirteen years of age he volunteered but for no specified time to drive cattle for the use of the army and was in service four months. Also in the fall of 1780 he volunteered to serve under Genl. Marion and was in serve two & a half months and that in 1781 he engaged as wagoner. The service set forth excepting that under Genl. Marion was not of that character provided for by the act of 7 June 1832, said act provides for none who did not serve in a military

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capacity at least six months. The applicant did not serve in that capacity for that length of time. His claim has therefore been rejected and the papers filed in this office.

Hon. D.W. Mardis
N.R

Hon. D.W. Mardis
27 Feb. 1835
O.C.

Record.Vol.26.9.402

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State of Alabama Tuscaloosa County
By way of supplement to his former declaration in order to obtain a pension under the act of Congress passed June 7th 1832; Reuben Jones states on oath, to the first interrogatory required by the war Department: That he was born in the year 1766 on the Hills of Santee Craven County South Carolina 20 miles from Camden on the Charleston Road.
To the second: He says that he has no record of his age, but he does not doubt from various incidents that his age is the same as stated in his original declaration.
To the third: he answers that he engaged in the service at the same place or neighborhood of his birth, and since the war, he has lived in Georgia since sometime from thence he removed to this State Alabama where he now resides in the County of Tuscaloosa
To the fourth: He says his services were at all times as a volunteer and that his services were such as stated in his original declaration, and comprised the time of at least 22 months. For this service he was not engaged upon any private pay or reward, but in the publick service, nor has he received at any time any compensation therefor.
To the fifth: He answers that his original declara[tion]

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[declara]tion affords a general information, so as to form as good an answer thereto as he can from age & loss of memory be capable of making
To the sixth: He says that he did at any time receive a written discharge, as far as he recollects.
To the seventh: He says the answers are found in his original statement, though
he does firmly believe that he could not find in his neighborhood a single individual who who holds a different opinion from the one expressed in his former by the Revd. Mr Smith & Mr Fontaine.
State of Alabama County Court of Tuscaloosa I Marmaduke Williams Judge of the Court aforesaid as hereby certify that on this day Reuben Jones appeared before me & made oath that the facts stated in the above answers to questions prescribed by the war department are true.
Witness my hand & seal this 23rd day of May 1833.
M. D. Williams
Judge of the County Court

State of Alabama
Tuscaloosa County Set
I John A Hodges Clerk of the

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County Court for the County aforesaid do hereby certify that Marmaduke Williams whose name is signed to the above Supplemental declaration of Reuben Jones for a Pension under the act of June 7th 1832, is Judge of the County Court for the County of Tuscaloosa, which is a Court of Record, and that the signature annexed is his genuine signature. Witness my hand and seal of office as Clerk of the County
Court aforesaid this 24th day of May 1833.
John A. Hodges Clerk