Revolutionary War Pension and Bounty Land Warrant Application File S. 31,050, Thomas Gadd, Md.

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SERVICE
Md.

Gadd, Thomas

NUMBER
S. 31.050

CONTENTS

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31 050

Ray INVALID.

File No. 31,050

Thomas Gadd

Tw  Rev WD

Act: June 7th [illegible]D

Index:--Vol. 2, Page 149

[Arrangement of 1870.]

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136.5.5

Kentucky

Thomas Gadd

Of Rockcastle, in the state of Kentucky
who was a private in the company, commanded
by Captain Stanberry of the regt, commanded 
by Col. Sun, in the Maryland Mila
line for 6 months J 17 - 

Inscribed on the Roll of Kentucky
at the rate of 20 Dollars - Cents per annum,
to commence on the 4th day of March,1834.

Certificate of Pension issued the 30 day of May
1833 - and sent to John A. 
Moore, Mt. Vernon.

Arrears to the 4th of March 1833 $40 - 
Semi-anl. allowance ending 4 Sep 33 10
$50.

Revolutionary Claim,
Act June 7, 1832.

Recorded by Wm J Allison Clerk,
Book C, Vol. 7, Page 10

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No. 24.994
Thomas Gadd
Rockcastlele [sic]
Kentucky

From - private
6 months.
$20

John A. Moore
Mt. Vernon
Rockcastlele [sic]
Kty -

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WAR DEPARTMENT,
Pension Office, 
183

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. 

Kentucky
A Statement, showing the Service of Thomas Gadd Rock Castle County
[Column headings: A Period when the service was returned. Duration of the claimant's service. (Years. Months. Days.) Rank of the claimant. Names and rank of the Field officers under whom he served. Age at present, and place of abode when he entered the service. Proof by which the declaration is supported.] 
1. [illegible] 6 (months). Private. Captn Stanberry. Col. Lun. Majr. Giddeons. 73 years. Baltimore - Maryland. Traditional evidence. 

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

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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, 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, 1832.
State, Territory, or District of } ss.
County of
On this [intentionally blank] day of [intentionally blank] personally appeared (a) before [intentionally blank] of [intentionally blank] aged (c) [intentionally blank] years, who being the 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) [intentionally blank], with [intentionally blank] and served in the [intentionally blank] (e) regiment of the [intentionally blank] line, under the following named officers: 
[Here set forth the names and rank of the Field and Company Officers; the time he left the services; (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. [Image of a finger pointing to the right.] 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 [intentionally blank].
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, 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 certified, that it appears to them that A. B. who  has signed the preceding certificate is a clergyman, resident in the [intentionally blank] and that C. D., who has also signed the same is a resident in the [intentionally blank] and is a credible person, and that their statement is entitled to credit. 
I, [intentionally blank] Clerk of the Court of [intentionally blank] do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of [intentionally blank] for a pension.
In testimony whereof, I have hereunto set my hand and seal
of office, this [intentionally blank] day of [intentionally blank] &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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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 the 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 their 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 be 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 enquiry whether the belief in 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, atttend [sic] the Court.
Whenever any official act is required to be done by a Judge or Judstice 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 the 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 each applicant served, and the particular rank he held, as the law directs the pensions 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 makes the relinquishments indispensable.
[g] The opinion of the Court is always required.
[h] The Clerk must give his certificate in every case.
[i] The Clerk must suffix 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 authentical, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of the 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.
[Symbol of a hand pointing to the right] 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. 
John A. Ashton

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May 13
Thos . Gadd

KY 24994

Result to John A Moore
Mt Vernon Rock
-castle Co
(begin underline) Kentucky (end underline)

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State of Kentucky
Rockcastle County} Set

On this 25th day of February 1833, personally appeared in open court, before the Justices of the Rockcastle County Court, Thomas. Gadd, aged 73 years - a resident of Said County who being duly sworn according to law, doth on his oath make the following declaration in order to obtain the provisions ("of" crossed out) made by the Act of Congress, passed June 7th, 1832.

That he was called out as a __?_ -man in Baltimore County State of Maryland under Capt. Stansberry - Darby Lun Colo. James Giddens _?_ + William Parrish ensign. He was marched from what was called the (begin underline) Manner Church (end underline), to the City of Baltimore + stationed there to defend the City, remaining from 4 to 5 weeks at a time. and then returning; he served six or seven of these tours; he cannot recollect the presise length of his service, but he knows he did not serve less than

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Six months actual service. He was acquainted with Joseph Burton + Edw.d Oldham Regular recruiting officers. He has no documentary evidence of his service + (illegible) of no person living by whom he can prove his service except what he can prove by Jesse Williams. 

In answer to interrogations provided by the Court, He says he was born in the County of Baltimore State of Maryland in the 1760, but he has no record of his age. He lived in the County of Baltimore in Maryland _?_ _?_. When he was called into the Service; he moved from there to Franklin County (now Rockcastle) State of Kentucky where he now lives. He was drafted-; he never received any written discharge. He is acquainted with William Smith + Richard Randols, who can testify to his character as a man of voracity and their belief of his Services as a Soldier. He hereby relinquishes all claims to _?_ or annuity _?_ the present + declare that his name is not on the _?_ of the agency of any state (illegible) to (illegible) the (illegible) - Thomas Gadd

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Jesse Williams came into Court and stated upon Oath, that he had been acquainted with the said applicant for many years, that he has always understood from him and others that he was in the Revolutionary War; that he was in the Service about the same time and was well acquainted with some of the officers spoken of by the applicant; that he had heard his services spoken of before the passage of the pension law,; that he has stated, John Quinn (a clergy man), William Smith + Richard Randols testified upon oath that they had been acquainted with the applicant many years; that they believe him to be the age he presents, that they have known him to be a man of voracity; that it is _?_ and released in the neighborhood where he lives, that he was a revolutionary soldier, and that concur in this opinion. 

And the said do hereby declare their opinion that the above named applicant was a revolutionary soldier and served as he states, and further certify that the above named John Quinn is a clergy man, in the County _?_ _?_ and that all the witnesses testifying are credible persons,

State of Kentucky
Rockcastle County S ?_
I James Turill Clerk of the Court for Rockcastle County (County?)

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do hereby certify, that the _?_ of the said Court in the _?_ of the application of Thomas Gadd for a pension.

In testimony _?_ of I have _?_ to see my hand and seal of office this 2nd day of May 1833
James Turill Clk.