Revolutionary War Pension and Bounty Land Warrant Application File S. 31,039, Jesse Foree, Va.

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Service VA, Foree, Jesse, Number S. 31,039 Contents

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7441 Kentucky
Jesse Foree
Oldham Co. in the State of Kentucky
was a private in the company commanded
Captain Watson of the [lined out] commanded
[lined out] in the Va for 8 mo

[cut off]..scribed on the Roll of [illegible]
[cut off]...he rate of 26 Dollars 66 cents per annum,
[cut off]...ommence on the 4th day of March, 1831.

[cut off]...rtificate of Pension issued the 12 day of April
1833 and [illegible] to [lined crossed out]
[line crossed out] Isaac R. Gwathmey E.C. Oldham Co. West Pointe

Arrears to the 4th of March 53.32
Semi-anl. allowance ending 4 [illegible] 13.33
$66.65
Revoluntary Claim
Act June 7, 1832
Recorded by Daniel Boyd Clerk
Book 6 Vol. 7 Page 9

Non q '33 [illegible]
(this letter in claim S. 30,432 James Gilmond)
See [illegible] to Agh
clo. to P. [illegible] & [illegible] Aug.
31, 1835
Letter to 3 Auditor 23 Oct 1838
Paid at the [illegible] [illegible]
the Act of the 6 April 1838
from 4 March 1833 to 4 Sept
1837. Agt notified 3 Nov 1938

Paid under the above Act
from 4 Sept 1837 to 4 March
1838. Agt notified 11, Nov 1838

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State of Kentucky
Oldham County [illegible]
On this 17th day of September 1832 personally appeared in open court before Thomas T. Crittenden the Judge of the Oldham County Court now sitting Jesse Foree a resident of the County of Oldham and State of Kentucky aged about seventy 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 Act of Congress passed June 7th 1832 - That he ^does not recollect of the days upon which he^ entered the Service of the
United States under the following named officers & served as herein stated, To wit That he was born in the County of Prince Edward in the State of Virginia in the year 1761 that his father had a record of his age, that his father
emigrated to Kentucky in early times & died & his family were taken prisoner and the record of his age with everything else destroyed by the Indians and that he has no record of it himself. That he lived in the County of Prince Edward and State of Virginia when called into service, that after the revolutionary war he lived about eight years in South Carolina that he then removed to  the State of Kentucky then Shelby County now Oldham, where he has lived ever since and where he now lives. That the first tour  of duty that he performed was as a [illegible] in the Militia of Virginia that he went out under Capt. Cunningham to North Carolina that
after arriving in North Carolina Capt. Cunninghams  whole company including himself was attached to the Brigade commanded by General Stevens, that he then marched on to the battle at Guildford Courthouse in North Carolina that the whole army was then under the Command of General Greene, that in a few  days after the battle he received his written discharge from Capt. Cunningham at a place called Ramsey's Mill, that the term of two months for which he had volunteered then expired, that he returned home about one month and then went out as a  substitute for
his brother William Foree under Capt Watson that he

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marched with Capt. Watson across James River for the purpose of preventing depredations which the British were committing in that  quarter that General Lawson was the chief officer at that time he served with Capt
Watson two months & returned home and & stayed a short time and then took the place of John Finn as a substitute under Capt Couch, under General Lawson and went out along on James River for the purpose of preventing the depredations of the British afsd [aforesaid] that he served under Capt Couch two months & discharged the fourth[?] campain [campaign?] he served he went out under Capt Mosely that he marched straight on to the Seige of York, that he remained at York until after the days before Cornwallis surrendered, when he
and the whole of Capt Mosely's company were
sent with some prisoners up to Williamsburg
and after serving two months was discharged at
Williamsburg, that he entered the revolutionary war in the last year of the Same but at what particular time he does not - after this great lapse of time recollect he remembers that a brother of Capt Cunningham was the lieutenant in his company but he does not remember the names of the inferior officers in the other company. that the various discharges which he received have all been lost or destroyed.  That he has no documentary evidence to establish the foregoing facts and he knows of no person by whose testimony he could procure
except ^to [illegible] the foregoing statements.^ Joseph Foree whose Affidavit is hereto
attached. he states that he served in all eight month during the revolution, 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 office agency of any State.
          his
Jesse X Foree 
          mark

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Kentucky Shelby county [illegible]
The following is the affidavit or deposition of Joseph Fore of said county who being first
duly sworn. Saith that Jesse Foree a citizen
of Oldham County Kentucky did serve as a soldier in the revolutionary war in the militia of Virginia Prince Edward county, that he was in the battle of Guilford county house North Carolina that he was at the siege of york but does not distinctly recollect the whole term of his service nor the officers he served under but supposes he served about two years
Sept 11th 1832
Joseph Fore

Kentucky Shelby county [illegible]
This day Joseph Fore of said county now in his
ninety second year of age personally appeared
before the undersigned a Justice of the peace in and for said county and was duly sworn to
and subscribed the foregoing affidavit and I further state that he is an elderly and
respectable citizen and his sayings are intitled [entitled] to full credit. Given under my hand as an acting Justice of the peace in and for said county this 11th day of Sept 1832
Geo Bergen J.P.

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Commonwealth of Kentucky
Shelby County [illegible]
I, James T Whitaker, Clerk of the County Court
for the County aforesaid do Certify that George
Bergen Esquire before whom the foregoing affidavitt was made now is and was at the time  of doing the same one of the Commonwealth's
Justices of the peace for said county duly commissioned and a qualified according to Law and that full faith and credit is and ought to be given to all his official acts as such.
In Testimony whereof I have hereunto set my hand and affixed the Seal of said County at Shelbyville this 11th day of September 1832 in the 41st year of the Commonwealth.
Att James T. Whitaker
by Geo N. Robinson, DC

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Mr. Elijah Gates, a clergy man residing in the
county of Oldham and state of Kentucky and 
Jesse Law residing in the same county & state hereby certify that we are well acquainted with Jesse Foree who has subscribed and sworn to the above declaration that we believe him to be seventy years of age, that he is [reputed? ] & believed in the neighborhood where he resides to have been a soldier of the revolution and that we concur in that opinion
Elijah Gates
Sworn to & subscribed the day & year aforesaid
Jesse Law

And the said Court do hereby declare their opinion after the investigations 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 courts further certifies that it appears to them that Elijah Gates who has signed the preceding certificate is a clergyman
resident in the County of Oldham and that Jesse Law who has also signed the same is a resident in the county of Oldham and is a credible person and that their statement is entitled to credit
T. T. Crittenden, Judge

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Oldham Circuit Court September 1832
Sept. the 17th 1832.
I, Isaac R. Gwathmey clerk of the Oldham Circuit Court
in the State of Kentucky do hereby certify that the foregoing contained the original proceedings of the said court in the
matter of the application of Jesse Foree for a pension
In Testimony where of I have hereto set my hand and seal of office this 17th day of Sept 1832 and 41st year of the Commonwealth
S M Ballard D for I R Gwathmey
Jesse Foree
Certificate
11641

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Oldham Circuit Court September 1832
Sept. the 17th 1832.
I, Isaac R. Gwathmey clerk of the Oldham Circuit Court
in the State of Kentucky do hereby certify that the foregoing contained the original proceedings of the said court in the
matter of the application of Jesse Foree for a pension
In Testimony where of I have hereto set my hand and seal of office this 17th day of Sept 1832 and 41st year of the Commonwealth
S M Ballard D for I R Gwathmey
Jesse Foree
Certificate
11641

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11641
Oldham County
Kentucky
Jessee Foree

from [illegible]
8 months
$26. 66/100

[illegible] Watson

Va

Isaac R. Gwathmey, Esq
Clk C. Oldham Co., Westport
Kentucky

S. Breck [lined out]

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Brief in the case of Jessee Foree
of Oldham Cty in the State of Kentucky
(Act 7th June, 1832)

1. Was the declaration made before a Court or a Judge? in open Court

2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity? [Blank]

3. How old is he? 70

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

Period.
in 17[Blank]
Enlisted in the last eyear of the war

Duration of Service.
Years,
[Blank]
Months,
2
2
2
2
Days,
[Blank}

Rank.
As a
[Blank]
substitute
substitute
[Blank]

Names of General and Field Officers under whom he served.
Gen. Stevens
Captain Cunningham
Captain Watson
Captain Couch
Captain Mosley

5. In what battles was he engaged? Battles at Guilford Courthouse N Carolina

6. Where did he reside when he entered the service? Prince Edward County Virginia

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

8. Are the papers defective as to form or authentication?  and if so, in what respect? correct

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

John [illegible]
Examining Clerk.

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31039
Revy INVALID.

File No. 31039
Jesse Foree
Pri Rev War

Act: June 7th 1821
Index: - Vol. 2, Page 151

[Arrangement of 1870.]

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Aug 31st

[Vertical]
[illegible]
Sept 21}
Free
War department
Pension Office
Care of J. L. Edwards Esq
Comm of Pension
Washington City
D.C.

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[illegible]
Sept 21}
Free
War department
Pension Office
Care of J. L. Edwards Esq
Comm of Pension
Washington City
D.C.

[Vertical]
Aug 31st

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West Port Oldham County Ky.
August 20th 1835

Sir
An application to the agent of the pension office at Lexington Ky. for my pension, in conformity with my Certificate from the war Department bearing date April 12th 1833, I was informed by the agent, that you had suspended my pension, because, I had sometimes made my mark, in signing the papers, and sometimes wrote my name. Although I can write my name, it is probable I have on some occasion made my mark to the signature - If such be the fact it was owing to my infirmity in consequence of advanced age, and feebleness, and more particularly the fact of my being necessary to use spectacles, of which at the time I hade my mark
I might have not had the opportunity of using -
I herewith enclose an affidavit, stating my case for your consideration. Both to the letter & the affidavit are signed by me with my proper hand, although I have had to procure the services of a friend to write the body of both. If these explanations are not sufficient please inform me so soon as convenient what further it is necessary for me to do in order to be reinstated on the pension list. I am in the evening of my days, and do not expect to be long an incumberance on my country. But I am anxious to accept her offered bounty what little time I remain. Please to answer this letter as soon as convenient and oblige
Your Obt Servt.
Jesse Foree

John L. Edwards Esq
Com. Pensions

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State of Kentucky
Oldham County set:
I Jesse Foree of the said county & state, do affirm that I am the same person in whose favors a certificate issued under date of April 12th 1833 signed by Lewis Cass, secretary of War - and countersigned J. L. Edwards Commissioner of Pensions, with the seal of the war office affixed allowing me to receive twenty six dollars and sixty six cents per annum during my natural life commencing the 4th of March 1831 - I further state that I can write my name, but sometimes I make my mark, though not often. And when I make my mark to my signature it is mostly owing to the necessity I am under of using spectacles - and not having my spectacles at the time I am called to sign my name: My name as signed to the certificate is my hand writing. Given under my hand this 20th day of August 1835 -
Jesse Foree

State of Kentucky
Oldham County set
This day Jesse Foree personally appeared before the undersigned a Justice of the Peace for said county and in my presence signed with his proper hand the above affidavit, and made oath before me that the statements contained therein are true to the best of his knowledge & belief.
Given under my hand & seal this 20th of August 1835
Washington Carter {Seal}

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State of Kentucky
Oldham County Set
I Albert M Ballard clerk of the County Court of Oldham County in the State of Kentucky do hereby certify that Washington Carter whose name is affixed to the foregoing Certificate of Jesse Forees Affidavit was on the day of the date of his said certificate, and still is, an acting Justice of the Peace in and for said County duly Commissioned and qualified, and that the signature purporting to be his is genuine
In Testimony whereof I hereto set my hand and affix the seal of said Court at Westport this 21st day of August 1835. And in the 44th year of the Commonwealth.
A M Ballard

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Treasury Department,
Second Comptroller's Office,
Nov. 14. 1838.

Sir:
Under the act of the 6th of April, 1838, entitled "An act directing the transfer of money remaining unclaimed by certain Pensioners, and authorizing the payment of the same at the Treasury of the United States", Jesse Foree
a Pensioner on the Roll of the Lexington KY Agency, at the rate of Twenty six Dollars and sixty six Cents per annum, under the law of the 7th June 1832 has been paid at this Department from the 4 of Sept. 1837 to the 4th March 1838.
Respectfully yours,
Albion K. Parris
Comptroller

To the Commissioner of Pensions,
Present.

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Treasury Department,
Second Comptroller's Office,
Oct. 30 1838

Sir:
Under the act of the 6th of April, 1838, entitled "An act directing the transfer of money remaining unclaimed by certain Pensioners, and authorizing the payment of the same at the Treasury of the United States", Jesse Foree
a Pensioner on the Roll of the Lexington KY Agency, at the rate of Twenty six Dollars and sixty six Cents per annum, under the law of the 7th June 1832 has been paid at this Department from the 4 of March 1833 to the 4 Sept. 1837.
Respectfully yours,
Albion K. Parris
Comptroller

To the Commissioner of Pensions,
Present.

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BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of Jesse Forsee which require further proof or explanation.

I. Does the declaration show where the applicant resides? Yes.

II. Did the declarant make the declaration in the county where he resides? yes

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

IV. Has the declarant mentioned the period or periods of the war when he served? yes

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

VI. Has he given the names of the officers under which he served, in conformity with the regulations? yes

VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832? yes

VIII. Has the Court given their opinion? yes

IX. Has the Clerk given his certificate? yes

X. Is the Clerk's seal affixed? And if so, has it a device or inscription by which it can be distinguished from any other seal? yes

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XI. Has the applicant obtained the evidence of a clergyman and another respectable citizen as to their belief respecting his age and the general belief in his neighborhood relative to his revolutionary service? yes

XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it?

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

XIV. [notation sign] If the applicant's name is not found on the rolls of military service, has he produced a witness or witnesses as to his service? 
If he has produced direct proof as to service, has the magistrate who administered the oath certified to the credibility of the witness or witnesses? yes
Has the proper officer certified the official character and signature of the magistrate as the regulations direct?

XV. Does it appear from any of the papers that the witness was in such a situation, or of such an age, as to have a personal knowledge of the applicant's service? yes

XVI. [notation sign] Are the papers authenticated as the regulations direct? authenticated

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

EXPLANATORY NOTES.

*QUERE V. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &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.

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It is important in all cases to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of 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 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.
[notation sign]QUERE XIV. Proof of Service.
In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses, who are required to set forth in their affidavits the time of the claimants entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
[notation sign]QUERE XVI. Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other paper authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
[icon of pointing finger]In every case where the clerk of the court, or other certifying officer, 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.