Revolutionary War Pension and Bounty Land Warrant Application File R. 271, Stephen Arthur, Va.

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(3-1776)

SERVICE: 
Va.
Arthur, Stephen

NUMBER:
R.271

CONTENTS

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No.1
Declaration

Stephen Arther’s Declaration

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State of Kentucky
County of Powell SS

On this 17th day of October 1853 Personally appeared in open court before the Probate court of said County now sitting Stephen Arther a resident of Powell County, and state of Kentucky aged ninety-three (93) years who being first sworn according to law, doth on his oath make the following declaration in order to obtain the benefit of an act of Congress passed the 7th June 1832.
That he entered the service of the United States under the following officers, and served as herein stated. That his first captain was Thomas Leftdridge, and William Triggs was his Col and George Washington was his general. His second Capt was Clark, his given name he don't now recollect. His Left was Watters.
That he entered the service of the United States in June in the year seventeen (1780) hundred and eighty, and that he was discharged immediately after the capture of Cornwallis at Yorktown which was about the 24th or 25th day of October 1781. That he was a resident of Bedford County Virginia when he entered the service, and after remaining in the service several months in various parts of the country confined to Virginia, his regiment was detached to aid General Green at Guilford Court House which battles he was in and he thinks it was fought in the spring 1781. * And that Cornwallis directed his whole efforts towards Virginia from that time on until the battle at Yorktown. That his regiment and company was in various parts of Virginia in defending the settlements and people, as Cornwallis was ravaging the whole.
‘*’ He states the battle came off in March 1781 and that the action commenced about the brake (sic) of day and lasted nearly [illegible]. That General Green after a desperate conflict retreated across the river and rested until he gathered up all of his men and then encamped at the Iron Works – from thence he went to South Carolina.  Gen. Lawson on that day commanded the Regiment that he belonged to. Stephenson colonel See & Washington was also in that battle.

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country. That for sometime previous to the siege of Yorktown, General Washington was at New York and as it was generally understood amongst the American army, and American officers a concentration of all the American forces was to be directed towards Yorktown, and for the express object of defeating the whole British army, and they believed it could be done. That he was in the siege of Yorktown. and lay before that place, and in sight of the British army for 18 weeks before Cornwallis was taken. That he was drafted, and to serve during the war and first entered the service under Capt Leftdridge and Col Triggs. That he was acquainted with General Green, General Gates, General Morgan, General Sumter, Marion, Stark, &c.  He states from the effects of old age, he has forgotten a great deal of his past history, and that he during his service in the old war kept a record of all his encampments, marches, the battles, skirmishes and the most important circumstances that happened during his services, and knowledge of the old war, but from some cause or other, either by, mistake, accident or negligence all those old papers together with his discharge has been lost.
That he was discharged by Col Triggs and that he has his discharge for many years together with his other papers before mentioned, and that during his service he went home twice by a written permit given to him by Capt Leftdridge at one time and the other he forgets who gave it to him.
That has he has no documentary evidence now in his possession, but he relies on Patrick Masterson to prove his service in past. That he became (over)

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acquainted with him before but during the siege at Yorktown.
That he applied last year, or had papers prepared for pension but he learns they have never been authenticated and that the reason he did not apply for a pension before this time, he always come to the conclusion that he could live without a pension and hated to be called a pensioner but being now worn down by age and infirmity he seeks for it. That he was born 8th of March 1760 * He hereby relinquishes any claim whatever to a pension or an annuity, except the present; and declares that his name is not on the pension roll of the agency of any State, or, if any, only on that of the agency of the state of Virginia.
Stephen Arthur
State of Kentucky}
Powell County} Sct:
I James H Scholl Clerk of the county and Circuit Courts of Powell County certify that Stephen Arthur thus appeared in open Court and made oath to the foregoing declaration, whereupon the following order of the Court was ordered to be spread. That as the declaration above mentioned has been carefully read over to the said Stephen Arthur, and he responding, and agreeing to the Statements therein as being correct and the said court do hereby declare its 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. that the court further declares that the applicant Arthur has universal reputation of a revolutionary soldier and has been so reputed for years, and is a man in good standing and there can be no doubts as to his age as fixed in his statement. In testimony whereof I  have caused the seal of office to be affixed this 6th day of October 1853 and subscribed my name to the same.  James H. Scholl clk
‘*’ That he moved from Bedford county Virginia to Camel county and from Camel county he moved to Kentucky in the year 1794 and has remained in the state ever since that time. That he never had no record of his age except as given to him by his parents and that he kept in his memory – his parents died when he was young

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[typed form, with handwritten responses]
[left blank] Ex’r.	INVALID.
No. 271
["Acts of July 14, 1862, and March 3, 1872." crossed out]
[stamped] REJECTED
Stephen Arthur
P. O. [left blank]
Service: [left blank]

Enlisted: [left blank, 18 [left blank].
Discharged: [left blank], 18 [left blank].

Application filed: [left blank], 18 [left blank].

Alleges: [left blank]

Re-enlisted: [left blank]

Attorney: [left blank]
P. O. [left blank]

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No. 38.677

Stephen Arthur

KY

Hon L M Cox, July 17 1854 
Wm M Fulkerson 11 20 1854 
Hon L M Cox May 30 1854 
Wm M Fulkerson Sep 6 1854 
Same Oct 3. 1854 
J.M. McCalla Apr. 24/55 
Wm M Fulkerson Aug 27/55 
Hon Wm A Richardson Sept 14/55
Act June 7 1832

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38.677 271
Stephen Arthur
Kentucky

Hon L.M. Cox Jany 17, 1854 – 
W.M. Fulkerson, Jany 20, 1854.
Hon L.M. Cox May 30, 1854 – 
W.M. Fulkerson Sep 6, 1854
same October 3, 1854 – J.M. McCalla April 24, 1855.
W.M. McCalla August 27, 1855 Hon. W. A. Richardson September 14, 1855, W. M. Fulkerson September 29, 1855 – Same February 23, 1857 – same March 28, 1857 -

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38.677 
Stephen Arthur
Kentucky

Hon L.M. Cox Jany 17, 1854 – 
W.M. Fulkerson, Jany 20, 1854.
Hon L.M. Cox May 30, 1854 – 
W.M. Fulkerson Sep 6, 1854
do October 3, 1854 – J.M. McCalla April 24, 1855.
W.M. Fulkerson Augt 27, 1855 Hon. W. A. Richardson September 14, 1855, W. M. Fulkerson Sep 29, 1855 – Let same February 23, 1857
Act June 7 1832

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Guide book

Add to it

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No 1 - Stephen Arthur's declaration dated 17 October 1853- Powell Co. Kentucky

No 2, Certificate of WH Niblack & Thos White, clergyman as to Arthur's reputation as a soldier, Octo 17 1853.

No 3. Patrick Masterson's affidavit that he knew Arthur in service before and after the surrender of Cornwallis at Yorktown, Octo
17 1853 --

No 4- Patrick Masterson’s affidavit explanatory of the above. March 8 1854

No 5 - Patrick Masterson’s affidavit attempting to fix the length of Arthur's service Aug 19 1854

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No 6. Benj T Philips' affidavit as to Arthur's
reputation of service and good moral character. - Aug. 21 1854-

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                L.P. Waldo Esqr. 
                      Washington city
                                         D.C

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Mr L.T. Waldo Commissioner of Pensions
I wish to say to you that in case my claim is not allowed
upon the affidavit of Patrick Masterson herein sent I therefore suggest to you the propriety of coming to the Federal
City an order that I may be examined in person as to
my serving and all the circumstances connected with it
will you please to inform my agent William M Fulkerson of Proctor Owsley County Ky, but I scarcely need
say that I am almost unable to walk even with my
crutches and a matter of course a trip of that kind
would be attended with great inconvenience and
trouble to myself I am your truely
Stephen Arther
August 19th 1854

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Stephen Arthur
Ky
mem

Dodge

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Stephen Arther - Powell Co. Ky. act of 1832         
Declared Oct 17.1853, (ages 93)         
Entered service in June 1780 - his 1st capt was Thos Leftridge and his Col Wm Triggs. Washington was his Genl. His second capt was Clark & his Lieut Walters.      
Was discharged immediately after the surrender of Cornwallis, 24th of 25th Oct 81-      
Resided in Bedford Co Va when he entered service                
Served 1st for several months in Va then detailed to aid Genl Green, & was at Battle of Guilford C.H. [Court House] Describes the battle -fought in spring of 1781- from that time served in Va in the service against Cornwallis until the siege of Yorktn [Yorktown] in which he served. Knew Gens Green, Gates, Morgan & Sumpter, Marion, Stark &c         
Kept a diary but look it. Had a discharge from Col Triggs - no documentary evidence -      
Drafted to serve during the war       
went home twice on a "written permit"

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Two clergymen certify to reputation as soldier         
Patrick Masterson - Owsley Co - Ky Oct 28, 53            
Is a pensioner at $ 20 per annum for Revs services Has known Arther many years - First knew him in Bedford Co Va & afterwards saw him at the siege of Yorktown. - in Oct '81 - became there very familiar with him & well knew Capt Leftridge - say before Yktown [Yorktown] several weeks before the surrender. - well knew Col Triggs   Lieut Walters. &e   -     
at Battle of Guilford C.H. Arthur was under Capt Thos Young but affiant may be mistaken as to this - saw Arthur's diary &e - we were discharged when the siege was over. Saw Arthur no more until 1803, in Ky, at the Beaver Ponds on Red River Knew him at once & has known him ever since Arthur came from a noble talented Va family all the old ones were soldiers fighting men &c &c. (particulars of the surrender of Cornwallis) Again - Mar 8./54 Capt Leftridge raised a compy in

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Bedford Co- and Arthur was in it & left with it in may or June previous to the battle of Guilford C. H. That he returned after that Battle & left again for the army, as he said- Affiant saw him no more until he met him near Yorktown - from the time he first met him there until his discharge was 3 months           
Again - Aug 19th 1854 Recollects that in June previous to Siege of Yorktown there was a skirmish at at Williamsburg and in July, about the 1st, a battle at the Green Springs. Affiant was there under Col Muhlenburg. We made a forced march to aid Genl Wayne & did not reach in time. It was near this place & at this time again saw Arthur in Leftridge's compy under Col Triggs After this does not recollect seeing him until the siege of York T. but saw his company frequently on the way there went home together.

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Benjamin F. Phillips - Aug 21, 1854 - Owsley Co Ky          
Justice of the Peace-                
Has known Arther a great many years - Often heard him and Affiant's father talk over the old war - Affiants father drew a pension of $96.                   
Arther reported Revy soldier. Is satisfied from his conversations &e that he served as he states - Is an intelligent man of veracity &e                 
In the May Session of the Va Genl Assembly of 1780 several acts were passed for raising militia &c for various service -             
The first was to embody militia to aid So Carolina. 10th Henning p 221- ordered to rendezvous at Hillsboro - ib p 229 -       
To serve 3 mos The field officers for these troops were elected June 1. 1780 - but Triggs was not one of the Cols. Journal Va H. of D. June 1st '80            
Milita-men were to be drafted to reinforce the continental line to serve to Dec 31, 1781. By act- ib p 309- the Governor was authorized to order the militia out of the state.             
Neither Stephen Arthurs name nor those of any of his officers

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are to befound on the rolls of the Va State
or Continental Lines, excepting that there
is a Capt Clark - but whether it was his
capt there is not a vestige of evidence.
I find nothing in the legislation of Va- the history of
the service, or on the rolls to lead to the
conclusion that the service of Arthur was
continuous. Nor do I find that it is
proved to have amounted to so much as 6 months.
Admitting that Masterson's testimony proves
3 mos service immediately before & during the
siege of Yorktown - he fails to prove 3 mos
service besides.

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B F Philips -
Affidavit with
case of Stephen Arther
No 6
Powel, Co Kentucky

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Owsley county Kentucky. Set.               
Benjamin F. Philips states upon his oath that he is a resident of said county, and is now an acting Justice of the peace of Owsley Co. That he has known Stephen Arther for a great many years, and that he heard Arther and his father talk about the old war. That his father drew a pension during his lifetime at the rate of ninety six $96.00 dollars per annum that father has had and now has a reputation of a Revolutionary Soldier. and that from his conversations that he has heard him gave in regard to the history of the war, his reputation as such, his descriptions of it so correct, and he being a man of truth, of a good moral character and a man of very good sense, cause this affiant to state that he has no hesitency in saying that Stephen Arther of Powell Co Ky is entitled and that he served as he states. That his fathers name was Zachariah Philips, and that he has known Arther for 40 years, - This 21st of August 1864        B. F. Phillips        
Sworn and subscribed to, before me this date above written,           George S Williams J P OC State of Kentucky Owsley County Sct.  
I Daniel B. Capps Clerk of the County Court of

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Owsley county do hereby certify that George S Williams Esqr before whom the foregoing affidavit were made and who has thereunto signed his name was at the time of so doing a Justice of the peace in and for the county & state aforesaid duly commissioned and sworn and that all his official acts as such are entitled to full faith and credit.                 
 In testimony thereof I have hereunto signed my name and affixed my official seal this 23 August 1854               
Daniel B Capps Clk Owsley County Court

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Affidavit of Patrick
Masterson in the case
of Stephen Arther
No 4
Coll.
Hon. L. M. Cox,
Ho. Rem

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State of Kentucky, Owsley county, Sct.    
This day Patrick Masterson appeared before the undersigned a Justice of the Peace, and made oath that sometime in october 1853 he gave his affidavit is the case of Stephen Arther of Powell county Ky. he having applied for a pension for services rendered in the Revolutionary war. He states that when he made his other statement that his attention was not called to the circumstances attending his entering the services. That Capt Leftridge raised a company in Bedford county Virginia, and that he saw the company after it had organized, and said Arther left with the company as a soldier in May or June previous to the battle of Guilford Court House      
That he returned to the neighborhood after the battle and left again for the army as he said, and that he saw him no more until in the neighborhood of Yorktown. That from the time he saw him near Yorktown up until he was discharged was three months. That perhaps in his other affidavit he said he never saw Arther in the service until at the Seige of Yourktown. This is to some extent correct, that is, he never saw him until then under strict military duty, and in the army, and he meant from the time the American army commenced concentrating towards Yorktown, that there was the Seige.           
That he again states that he has no interest in the claim of said Arther neither directly nor indirectly, nor has the Agent afforded him an interest in no shape or manner. That he has not seen him for     
(Battle of Guilford  15th March 1781)

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about 4 years (Further saith not)  Patrick Masterson his mark             
Personally appeared before the undersigned a Justice of the Peace of Owsley county, Patrick Masterson and made oath that the foregoing statement is true, and that he is a pensioner and a man of truth. This 8th March 1854        
M C Harris J.P.O.C.        
State of Kentucky Owsley County sct      
 I William Williams Clerk of the Owsley County court do Certify that Mathew C Harris whose genuine signature is to the foregoing certificate of acknowledgement is now and was at the time of said signature are acting Justice of the peace in and for Owsley County duly commissioned and qualified as such and that full faith and credit ought to be given to his official act as such   
In testimony whereof I hereunto set my name and affixed the seal of said court this 11th day of May 1854 W Williams clerk

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Patrick Masterson to
Affidavit in the
case of Stephen Arther
Powell Co, Kentucky
No 5

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State of Kentucky Owsley County to wit      
this 19th day of August 1854 personally appeared before the undersigned a justice of the peace of Owsley County Patrick Masterson Who being first sworn according to the law of Doth on his oath state that in addition to what he has already stated in regard to the services of Stephen Arther of Powel County Ky as a Revolutionary soldier that said Anther is now present that he dont now recollect precisely what his other statements contained but he states that he and Arthur was acquainted before he entered the Company of Leftridge he states that he did enter the Company of Capt. Leftridge in June or July previous to the Battle of Guilford C. H. that he does not recollect now whether he returned back after the Battle of Guilford to the same place or not these circumstances he Knows by actual observation and recollection that in June previous to the siege of York town there was a skirmish at Williamsburg and in the next month - July he thinks about the first there was a Battle at the Green Springs that he Masterson was then under Col. Muhlenburg and they had made a force march to aid General Wayne did not reach in time and it was near this place and at this time that he again saw said Arther under Col Trigg and at that time he had a talk with him and after these skirmishes all eyes towards York Town thoug [though] General Green fought the Battle of Eutaw Springs in Sept. before the siege and after he saw Arther near the Green Springs he dont recollect whether he saw him on the way to York or not but noticed his company frequently but while they were engaged in the siege the saw him frequently of had frequent conversations with him and both was

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discharged about the same time and started home together he states at the time Arther first entered the company of Captain Thomas Leftridge Johnathan Langlen or Langdon was in that neighborhood and County to wit Bedford Scribing for the regular service under Baron D. Steuben while the company of Leftridge was a volunteer company and intended for the service of General Green he states that he has no interest in the claim of Arther of Whatsoever description has no object truth no motive but a good one.     
Signed in the presence of John D. Sparks       Patrick Masterson  his mark

Personally appeared Patrick Masterson before the under signed a Justice of the peace for Owsley County and made oath to the above statement as being true     I do further certify that said 
Masterson is to be relied upon when upon oath and that Stephen Arther of Powell County Ky. Is present and aiding in getting up the above statement and from his appearance he is the oldest man in my knowledge and is now upon his crutches he is also in good standing and praise worthy in every respect.  Given under my hand this 19th day of August 1854.  
Matthew C. Harris J. P. O. C.

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Signed his name, was at the time of so doing a Justice of the Peace in and for the County and State aforesaid duly Commissioned and Sworn and that all his official acts as such are entitled to full faith and credit.
In testimony whereof I have hereunto signed my name and affixed my official seal of this August 23d 1854   
Daniel B. Capps
Clk. County [unreadable]

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claim of
Stephen Arther
Powell County
Kentucky
Act 7th june 1832
Power of Attorney
To
Well Fulkerson
Director
Owsley County
Kentucky

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Power of Atto              
Know all men by these presents That I Stephen Arther of Pawell County Kentucky do hereby irrevocably constitute and appoint William M Fulkerson of Procter Kentucky my true and lawful. Agent and Attorney to prosecute my claim now before the Pension Department under the act of the 7th of June 1832, and I hereby authorize my said Attorney to examine all papers and documents in relation to said claim on file in the Department at Washington City or elsewhere to file additional evidence or arguments, and to receive the Certificate which may be issued for said claim, and to appoint one or more substitutes under him for the purpose herein aforesaid and to do all things that I might or could do were I personally present    
Witness my hand and seal this 28 day of November 1856 – Stephen Arther his mark
In the presence of Wm. Hon
Matison Grooms

State of Kentucky Powell country sct     on this 28 day of November 1856 personally appeared before me a Justice of the Peace in and for the County and State above mentioned Stephen Arther as acknowledged the foregoing power of Attorney to be his act and deed for the reasons therein mentioned        
William Hon J.P.P,C.

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State of Kentucky Powell county SS        
on this 28 day of November1856 before me the undersigned a justice of the Peace in and for the County, and state of said, personally appeared Stephen Arthur a resident of said County and made oath according the law that he is the identical Stephen Arther that has now a claim before the Pension Department at Washington City, and the same who executed power of Attorney and that he makes this affidavit to be filed with such additional evidence or arguments as said Attorney my said attorney may use in prosecuting said claim      Stephen Arther his mark
In presence of       
William Hon            
Matison Grooms    
Sworn to and subscribed before me the day and year above written       
William Hon J.P,P,C          
State of Kentucky  Powell County sct        
I James H. Scholl Clerk of the County Court of Powell do hereby certify that William Hon Esqr before whom the foregoing affidavit was made, and acknowledged, and who has thereunto signed his name was at the time of so doing a justice of the peace in and for the county and state 
Aforesaid, duly commissioned and sworn, and that all his official acts as such are entitled to full faith and credit.  
In testimony whereof I have (over)

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signed my name and have affixed the said County at Stanton on this 1st day of December 1856  
James H. Scholl  clerk

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Thomas White and William H. Niblack      
Clergymens certificate
In the case of Stephen Arther      
Clergymen’s Certificate
No. 2

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State of Kentucky Powell County } SS           
We William H Niblack and Thomas White residing in the country of Powell , and both being clergymen hereby certify that we are well acquainted with Stephen Arther who has filed his declaration in the Powell court for a pension; that we believe him to be the age fixed in his declaration that of 93 years of age that he is reputed in the neighbourhood where he resides to have been. a soldier of the Revolution , and that we concur in that opinion   Given under our hands this 17th day of October 1853        
Thomas White
Wm. H. Niblack   
Sworn to before are in justice of the County of Powell and state aforesaid and date above written             
Thos. C. Judy  J. P. P. C.
State of Kentucky Powell county} SS     
 I James H Seholl clerk of the county & circuit court of Powell county certify that Thomas C. Judy is a justice of Powell county and certify commissioned by law and attest his signature hereunto affixed is genuine.
In testimony whereof I have caused the seal of office to be affixed the date above written and signed my name to the same   
James H. Scholl  clk

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Proctor Owsley Co Ky 13th Decm 1860      
Hon Green Adams
Will you try to get the claims of John Fields of Perry County, and also the claim of Nicholas Combs same County, Stephen Arthur of Powell County and the claim of John McQueen or McQuinn of Estill County allowed under the act of the 7th June 1832 that is simply an act special for these claims to be allowed to under the act referred to and paid according to the rules heretofore established under it and paid according to the time as proved in each case     These claims have all been fairly proven by the muster roll of the revolution and even one or 2 by the original discharge.   If we can get a special act for these cases let it provide that money be paid to the representatives of the claimants for the use and benefit of their children or heirs   
A matter of course if you can succeed in this matter I will say this to you as I have contracts in all these cases, and control each one of you shall and will be paid liberally for your trouble for put all these cases together it amounts to a good large sum rest assured that I can, and the heirs will pay you a [unreadable] if  you can succeed.  These claims are just and right, so there is no wrong in passing such a law.         
I am your obedient servant       
Will Fulkerson    
[unreadable & Nelson
To Hon Green Adams }

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P.S. I come out from Lexington with your brother Matt,  All right and he in good spirits.
We have a great time at Frankfort in casting the vote for Bell, Kinney we made Messenger to take the vote to Washington.  Will you inform me whether you can do anything with the claims or nor.   W. M. F. 

John McQueen’s claim has been allowed and paid but not paid according to the proof. He was paid at $20 or 28 per year when he should have been paid about $68 – per year.  This claim there is over $1200 – Give my respects to Mrs. Adamas although a stranger and Bachelor [unreadable] for the respect and friendship I have for her husband she will not think it insincere, but emanates from proper motives.  W. M. F.

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Affidavit of
Patrick Masterson
in the case of 
Stephen Arthur
Mastersons 1st aff

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State of Kentucky } Sct     Owsly County        
Pantrick [Patrick} Masterson states upon his oath that he is now a pensioner and knowing twenty per annum for services rendered in the Revolutionary war that he has known Stephen Arther who has made application for a pention is the county of Powell for many years that he first become acquainted with Said Arther in the County of Bedford VA and afterwards saw him in the Siege of Yorktown which took place in Oct 1781 that during the time the American army lay before that place he became very familiar with him that he was well acquainted with Capt. Leftridge and that they lay before that place several weeks before Cornwallis surrendered that he was well acquainted with Gen, Green, DeKalb,  Col. Trigg, Layfayette, and Left. Walters he states that  that at the Battle of Guilford C. H. that Said Arthur was under Thomas Young Capt. but in this he might be mistaken that he himself enlisted under a Recruiting officer Johnathan Langden Capt. Grooms and Mulenburgh that while they were engaged in the siege of Yorktown Arthur showed to deponent Sketches as he said kept by him of all the battles, Skirmishes, and the most important Counts of his services that when the siege was over they was Discharged that deponent understood that some of the Prisoners was sent to Anapolis and some to Petersburgh that when they parted he saw Arthur no more untill the year 1803 in the state of Kentucky at the Becon Ponds on Red River and he Recognized him so soon as he saw him and has known him ever since that time.  that said Arthur was from a noble family of Va. that the Arthurs were a talented family and all of the old ones was soldiers and fighting men talented and Respectable for deponent knew many of them. That Stephen was well informed man and was always considered a verry useful and praise worthy (over)

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person all of his life that he frequently advised him years age to apply for a Pension and his Reply was generally that he could Live without it that said Arthur and deponent differed as to one circumstance and that was this when Cornwallis appeared after it was understood that the Surrender his whole Army was to surrender Arthur thought he came out on his white horse (the horse is what is cauled a flea-bitten horse) to surrender but deponent is positive that her came out on foot and surrendered his sword to Gen, Lafayette and Lafayette handed it to Washington who took it wiped it with his while pocket handkerchief and handle it back to the British Gen, but Tarelton came out on the flea bitten horse he dont no how long Arthur was out but recollects that there was a company raised in Bedford Co, by capt Leftridge but Dont no whether Arthur entered then or not but states most positively that he was in the seige of Yorktown that he has no interest in the claim of Arthur of of [unreadable] his pension nor is he any akind to him        This 28th October 1853 Signed in the presence of Toby Sparks John Sparks       
Further Saith not Patrick Masterson  his mark       
Personally came before the undersigned a justice of Owsley county KY Patrick Masterson and made a Oath to the foregoing statement as being true, and made his mark to the same given under my hand this 28th day of October 1853            
Matthew C Harris J.P.O.C.

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State of Kentucky Owsley County sct        
I William Williams clerk of the Owsley county court do certify that Mathew C Harris whose genuine signature is to the forgiving certificate is an acting justice of the peace in for said county and was at the date therein duly commissioned and qualified and that Patrick Masterson has had papers authenticated in this affair as a commissioner.  
In testimony whereof I have unto set my name as aforesaid and affixed the seal of said court. this 27th day of Decr 1853     W. Williams Clk

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Hon. L. M. Cox  H of Reps.  [House of Representatives] 
Jan’y 13 1854
Enclo. Application of Stephen Arthur for a Pension
Original
Cole
Hon Robert McClelland
Washington D.C.


Respectfully referred to the 
Comm. Of Pensions
Dept Intr  
Jany 13/54
Geo C. Whiting
Chief Clerk

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Washington City D.C.      
Jan 13th 1854      
Hon Robert McClelland       
Dear sir 
I enclose herewith the application of Stephen Arthur for a pension together the proof in the case which please transmit to the pension bureau for action -  If there is any irregularity or defect in the papers please inform me       
Very respectfully    
Your Obt Svt.     
L. M. Cox

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Copy               
Pension Office May 30th 1854       
Sir,    The supplemental affidavit of Patrick Masterson in the ease of Stephen Arthur of Kentucky has been examined and filed with his papers It is too indefinite to be available. He was not in Service himself nor was he in a position to detail the service of Arthur. He declared that he was in service before the battle of Guildford and that he was also in service near Yorktown and that after he saw him near Yorktown it was three months before he was discharged.  How does he know that he was in service 3 months from the time mentioned above and how does he know that he served as much as 3 months before that time. He must detail such circumstances as will enable us to test the accuracy of his recollection.    
I have the to be Respectfully Your Obt Sv.      
L.P Waldo        
Commr            
Now Said Masterson in his last statement explained by and all doubt how he did know and gives such circumstances as no one can doubt the accuracy of !  I take it according to the letter, if he could explain

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those things contained in his other statement that seemed to be inconsistent or beyond his knowledge then the claim was to be allowed. Now take this letter and compare it with the affidavits and I don’t think it will be resisted further because he has explained what Mr. Waldo required him to do    Masterson is now dead       
Yours &c. 
W M. Fulkerson
 Washington city D.C

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Paper to be filed
in Stephen Arthers
case -
Ky - sus - 1832
Coll
Patrick Masterson
. Hy-5-1832- -

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Proctor, Owsley County Ky     2nd Jan 1856     
Sir,              I herewith enclose to you the affidavit of Stephen Arther in behalf of Patrick Masterson who at the time it was taken was endeavouring to have his pension raised, Masterson is now dead and I understand from his widow that she has for the present abandoned the idea of having it raised. I ask you to file this paper with Arthers other papers for this reason Masterson in his statements on behalf of Arther was thought too indefinite as to his own service and knowledge of those times.      
This statement of Arther, (although a statement of his own) show the situation of the parties the members of his Regiment; the name of it and its commander and his knowledge of him in a very definite way and at the time he work it he could not of supposed it would ever be used for himself.   However should it become necessary to use this paper in any other way. I know where to find it.   I ask you to read the paper in connection of Arthers case and say to me wether it has helped his case or not         I have the honor to be Your very Obedient Servant     
W M Fulkerson
To
J. Minot Esqr.
Washington City, D.C. }

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Proctor, Owsley Co. Ky      20th Sept 1854       
Sir,     I received your communication of the 6th Sept in the case of Stephen Arther of Powell Co KY regarding the same you must indulge me for a moment in his behalf. The first affidavit of Masterson I did not take, the 2nd I did and the 3rd Squire Harris took.  Your first decision in this case which you made to the Hon L M Cox was simply that Masterson did not prove 6 months device therefore it could not be allowed as no pensions were allowed for a less period. The person who took his first seemed to be ignorant of the time. The 2 no I took in which I called his attention to the circumstance of his knowledge of the claimant and that of him entering the service.  Your reply to this the 2nd affidavit was made to Cox on the 20th May 1854. In these words to wit “It is too indefinite to be available. He himself was not in the service of Arther. He declares that he was in service before the battle of Guilford and that he also saw him near Yorktown and after he saw him near Yorktown it was three months before he was discharged. How does he know that he serves as much as 3 months before this time?  and how does he (over)

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know that it was 3 months from the time mentioned above    He must detail such circumstances as will enable us test the accuracy of his recollection       
Squire Harris had this communication as his guide with instruction outside of it, but all based upon it, and in fact he had the decision itself now for an illustration.   Masterson in his 2nd affidavit states if I recollect correct that he was acquainted with the applicant before either entered the service and that upon a certain occasion in the county of Bedford he saw and was present when applicant entered the company of Capt. Thomas Leftridge and that he left in said company the neighbourhood and this was in June or July previous to the battle of Guilford and he afterwords saw him in the neighbourhood of Yorktown, and this was he think about 3 months before they was discharged      
Substantially your 20th May decision or instruction did not deny the truth of the statements of the affiant but in order to detect him you called on him to give the circumstances attending those statements and you did not require him to re-state the facts of his knowledge attending his entering the service &c but the mere circumstances coupled with his entering service        
Such I understood Mr. Grooms and Squire Harris Now what did he state in his

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3rd.     He repeated he saw The applicant enter as before described, and it was at the time when Johnathan Langdon a recreating offer was recruiting for the regular service under Baron De Steuben while Capt Thomas Leftridge company was a volunteer company and for the service under general Green then as to the ever circumstances of seeing him in the neighbourhood of York he said. There was a Skirmish at Williamsburg in June previous to the siege of Yorktown and in July following there was a battle at the Green Springs General Wayne commanded and he was there in the service and has company had been detached in under Col Muhlenburgh  to aid Wayne we arrived too late and he here saw Arther in the company of Leftridge and in the Regiment commanded by Col. Trigg and he he saw him after ever at &c   and a matter of course if he knew him before it would be very natural for him to recognize him on such an occasion  as that   He saw the company of Leftridge frequently on the way. towards York, and saw him frequently in the Siege.  It you did not desire the circumstances attending his knowledge of Arther’s Service why did your call for them or make the suggestion that you did make and afterwords complain that it was still too indefinite?

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The guide to Mastersons last affidavit was your decision of the 20th May and it is an answer to it, and. has rendered the explanation you thereby demanded and as to his own services rendered in those days and trying times has never been asked for by you as yet, and if that is to have anything to do with the claim of Arther it can yet he had        
In your last communications of the 6th sept 1854 which I here insert a copy Sir, “The claim of Stephen Arther of Kentucky cannot be allowed except upon the testimony of witness who can show that they know he did serve as much as six months. Patrick Masterson can not do this  I cannot rely upon such general statements of service as Masterson makes his affidavit now filed is less specific than those heretofore made by him             
I suppose from this communication you require of the applicant more than one witness to prove the service of six months, and a matter of course unless there was 2 or more witness belonging

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to the same company that Arthur did and served with have as much as 6 months the claim can not be allowed. There is one fact in my humble opinion in this case to be settled, and when that is settled, if in favor of the affiant the case will be allowed in come shape or other,  It is this does the commissioner believe what Mastersons affidavits contain?   If so, the case is made out according to all law governing such testimony, but upon the contrary if he does not believe the statements therein, it is proper to reject the claim but let me give you the rule upon which this conclusion is founded, and in order to bring it before you reference is made to Blackstone’s Commentaries 3rd book page 370 & 71 Also to Starke’s Evidence  They say, positive proof is always required where from the nature of the case it appears it might possibly have been had but next to positive proof circumstantial evidence or the doctrine of presumptions must take place, 
for where the fact itself cannot be demonstratively evidenced, or had, that which comes nearest to the proof of the fact is the proof of such circumstances which either necessarily

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or usually attend such facts.  Violent presumptions is many times is equal to full proof; for then those circumstances appear, which necessarily attend the fact,     Now if Masterson told the truth, and it is so received by you, when he said the applicant entered the service in June or July previous to the battle of Guilford and that he saw him the July following near the Green Springs in the same company Capt Thomas Leftridge’s and belonging to the Regiment of Col Trigg;  here is a Violent presumption irresistible in its nature, and at same time it is a legal presumption for the Judge to make his deductions therefrom.  What else equal he deduce than the claimant served at least 2 months (or more) previous to the battle of the Green Springs which was 12 months after he first entered.  After this battle the witness proves the identity of the same company before referred to pretty much all the way to Yorktown and he then saw the claimant &c belonging to the same company & Regiment. This is another presumption which will force itself upon the minds of most persons that he was in the service from the time of the battle of Green Springs up until he was discharged after the Siege then other questions arises. Has Masterson give circumstances and events that is not

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reasonable nor true.  Was there a recruiting officer by the name of Langden, was there a battle at Guilford?  Was there a skirmish at Williamsburg and was there a battle at the Green Springs and that in July previous to the siege of the Yorktown?  And in likewise has the claimant detailed anything inconsistent or not in accordance with the times; that is for you to say and point out!           
In conclusion, the applicant has presented to you as good moral character - Masterson has also -  2 renowned clergymen has certified in the case and the county Judge of this county has also, and I propose to you that if traditionary proof will aid him in the allowance of his claim I will promise that he can find and will produce as much of that kind as you could or would ask and that of the highest character.      This is all that the old man can do.  I am well aware of the many frauds heretofore practiced but this ought not in my humble opinion call down too stringent a rule is regard to what few and meritorious relics of the revolution is now living who ask for a soldiers pay and that only.       
I therefore trust you will allow his claim, believing that it is a meritorious one, and in case you cannot allow his claim with

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the present proof I ask you to state whether traditionary proof will supply the deficiency or not, and if it will not I announce to you that there is no other person now living that can prove the service of him as you desire or even prove it all.      Arther is more familiar with the history of those times than any other present that I have ever conversed with and that was the reason he proposed to go to Washington and be examined by you as he thought he could then and there convince you of his claim       
I have the honor to be your very obedient servant    
WM Fulkerson       
To L. P. Walds Esqr    
Washington City DC}     
P. S. Please file this in the case

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Proctor, Owsley co KY 13 Sept 1858               
Sir,             I herewith enclose to you the letter of Mr. Waldo which was a quite in taking the affidavit or proof of Masterson in the case of Arther. It looks hard that when those requisitions were complied with that there should be new objections made now the question is did Masterson give such inconsistency in his last statement as would last his recollection as would test his recollection, if so, the claim was to be allowed.  Why did not Mr.Waldo make his objections more full?   Masterson is now dead therefore cant call his attention to this subject no more     
Please take this letter, and put your finger upon each suggestion made by Mr. Waldo and find the answer in Mastersons affidavit and see if it is not fully answered, intelligently and according to the history of those times & the requirements here made I do not intend by no means to be troublesome and I hope you will think so for I should not have troubled you with a letter on this subject but I  desired to see the points made to Mr. McCalla as I never got that report and there might be some proof I could make that would resolve the case     
I have the honor to be your very obedient servant        
WM Fulkerson           
To J. Minot Esqr   
C P  Washington City DC}

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Procter Owsley Co Ky 15th August 1855-     
Sir       
You will find the case of Shephen Arther of Powell country Ky under the act the 7th June 1832 on file           
You will find that he has proven by Patrick Masterson who was a pensioner, as much as 6 months service or more, and given all the circumstances of those times to corroborate his statements, Arther also detailed very minutely.  He has also taken proof of a traditionary nature and gives as a reason on for his delay in not asking for the benefit of the law that he had always decided in his own mind that he would not apply as he had some scruples of being called a pensioner, but owing to the reverses of his property he was now compelled to seek it..      
Your predecessor decided against the claim was that Mastersons first affidavit was too indefinite and the 2nd and the 3rd also so rests this case for my part I dont think so and when you now his papers my opinion is that you can come to no other conclusion than Arther his proved as much as much 6 months or more. I ask you then to give his case an investigation, as the old man is yet living very poor and wrote a letter himself to Mr Waldo after he has taken all the proof he could get that he would come all the way to Washington city and be examined

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in person, but Mr Waldo replied it would as no good, Therefore beg. of you to give him a further investigation for if his case is ever allowed at all, let it come now for he is 94 or 5 years of age, and very poor         
I have the honor to be your very obedient servant W M Fulkerson           
To J Miont Esqr      
Commissioner P Washington City DC}

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Commissioner of Pensions
Washington city
D.C.

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Proctor Owsley Co Ky 13th March 1857                 
Sir: I herewith enclose to me a power of Attorney in the case of Stephen Arther of Powell County, Kentucky. The parties think that the claim is a meritorious one and deserves to be noticed by the present administration, as do the most of the better informed ones think that those req’d rules heretofore established well be to some extent relaxed.          On the 30th May 1854 the Commission made the decision. "The supplemental affidavit of Patrick Masterson in the case of Stephen Arther of Kentucky, has been examined and filed with his papers. It is too indefinite to be available. He was not in service himself, nor was he in a position to detail the service of Arther. He declares that he was in service before the battle of Guilford and that he was, also, in service near Yorktown and that after he saw him near Yorktown, it was three months before he was discharged. How does he know that he was in service three months from the time mentioned above? and how does he know that he served as much as three months before this time? He must detail such circumstances as will enable us to test the accuracy of his recollection."        
He was directed by this letter of the 30th May 1854 and the only question for the commissioner to have settled as to Mastersons response to this letter was, simply, was the circumstances contained in his response here referred to according to the history of the times, and did it test his his recollection, as to what he was called on to detail about. I refer you then to Masterson's 3rd

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affidavit and if it corresponds with the history of those times then we insist upon the allowance of the claim. Why not? If the commissioner was mistaken as to what kind of proof would be required, or what to direct Mastersons attention to, are we responsible for that error?  I think not. But Masterson is now dead, and a matter of course we are deprived of any further proof from him, but had the commissioner of directed his attention to other matters connected with the case, we would of attend to it, but he did not, but only asked him to detail such circumstances as would test his recollection, that was emphatically yielding the point on condition, that he detailed such circumstances as would have the test. Can there be anything more plain than this?  I admit that there has been other decisions since this one, but still, this has been entirely overlooked. and there has been no interaction since this letter from the commissioner upon this particular point.  I call your attention to it. This letter was written to Hon LM Cox M.C.             
 The reports heretofore has been made to the Hon Mr Richardson (candidate for Speaker) and to Mr McCalla and none has been made direct to me, therefore, hereafter all communications will be sent to me              
I have the honor to be your very obedient servant        
W.M. Fulkerson           
To Commissioner of Pensions Washington City D.C.