Revolutionary War Pension and Bounty Land Warrant Application File S. 30,258, Samuel Baley, S.C.

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(3-1776)
SERVICE
S.C.
Baley, Samuel
NUMBER
S. 30,258
CONTENTS

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25109
Kentucky
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Samuel Baley of Campbell Co in the State of Kentucky who was a private in the comp commanded [by] Captain Prince of the regt commanded [by] Col Ogee in the S. Carolina line for 11 months
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Inscribed on the roll of Kentucky [at] the rate of 36 Dollars 66 Cents per annum [to] commence on the 4th day of March, 1831.
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Certificate of Pension issued the 23 day of Nov 1833 and Hon R M Johnson present
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Arrears to the 4th of Sept 91.67
Semi-anl. allowance ending 4 March 18.33
[total] $110.00
{Revolutionary Claim, Act June 7, 1832.}
Recorded by Danl Boyd Clerk,
Book E Vol. 7 page 20

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State of Kentucky
Campbell County SS
On this 27th day of May 1833 personally appeared before the Justices of the Campbell County Court Samuel Baley, a resident of the aforesaid state and County aged seventy five years, who being first duly sworn, according to law, doth on his oath, make the following declaration, in order to obtain the benefit of the provision made by the act of Congress passed June 7th 1832.
That he enlisted in the Army of the United States in the year 1776, in the month of February or March the number of the Regiment, I do not recollect, but the names of the officers I remember well, the following are their names and rank Viz Colo. Isaac Ogee, Capt. Frank Prince, Field Tarrow first Lieut. Edward Hampton second Lieut. Thomas Prince Ensign, Robert Prince first Sergt. he enlisted for nine months, and served out the full time and received an honorable discharge, and full pay and at the time I was discharged there were many other discharged also and we were compelled to continue in the service two months longer, as we could not leave the Army, being forty mile from the inhabited parts of the country and surrounded by Indians, and we continued with the same officers under the same discipline, and recd. the same pay. I cannot state the precise time when I left the [page cutoff] it was in the [page cutoff]

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When I enlisted I resided in the State of South Carolina in Ninety six district and enlisted at a Muster held in said district, at the house of William Grant; my Brother commanded the Company. The first place we marched to after my enlistment was to Charleston the Capital of the state, and staid there two or three weeks and was then ordered to St Johns Island, to guard that Island and staid there about one month, then returned to Charleston again, and from thence to the Indian lines, where the Indians had murdered Colo. Hyle and family, Capt. Hampton and wife. And from thence to White Hall where General Williamson resided, and from thence to Tugalo town, and at that town, in the night, as we were marching up to the gate, I was one of the advance guard, there was a gun flashed at the guard from the gate, and then a battle commenced the Indians firing at us from behind a fence, and it was generally believed that Simon Girty commanded the Indians and was the one that flashed his gun at us, as we were marching to the gate, the Battle lasted about one hour, and we defeated the Indians, but lost five of our men, one among the slain was a certain Gentleman from the State of Georgia by the name of Salvadore and several wounded. The Indians then retreated to the horse shoe Bend, a distance of 60 or 70 miles

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and we pursued them, passing through on our way Genl. Rutherfords Army, from North Carolina, and the next day after passing that army, we overtook the Indians and had a severe battle, which lasted about two hours I was in the battle and we lost many of our men and among my acquaintance, one was killed from the same tree that I stood behind by the name of Enoch Hooper, and part of his hair flew in my face, as he was shot in the head, we defeated the Indians, and pursued them to the west fort of Tennessee River, passing through several Indian towns, and we burned all their houses, and cut up all their corn and burnt the corn, it being ripe, and from thence we returned to Tugalo fort, and suffered much for the want of provision of our way, as we had burnt all the corn, and we were compelled to eat the burnt fragments that were left of the corn, and then I obtained my discharge, which I kept for many years, and I do not recollect what I have done with it, as I considered it of no value to me.
He hereby relinquishes every claim whatever to pension or annuity, except the present, and he declares that his name is not on the pension roll, of any agency of any state, in the Union or United States.
Samuel Baley
Sworn to and subscribed the day and year aforesaid.
att Jno N Taliaferro Clerk
Samuel Baley

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And the Court do hereby declare their opinion after the investigation of the matter, and after pulling the interrogatories prescribed by the war office department, that the above named applicant was a soldier of the revolutionary war and served as he states, and the court further certifies that it appears to them that Samuel Baley, who has signed the foregoing certificate is a resident of the aforesaid County and state, and is a credible person and his statement is entitled to credit. (Signed)
Samuel Baker J.P. C.C.
Saml. Stowers J.P. C.C.
James G Arnold JPCC

Samuel Baley's Declaration to obtain the benefit of the act of Congress passed June 7th 1832

I John N Taliaferro Clerk of the Court of Campbell County, do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Samuel Bayley for a pension
In Testimony whereof I have hereunto set my hand and affixed the seal of said Court this 27th day of May 1833
Jno. N Taliaferro clk
of Campbell County Court

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W Richard Tarvin a clergy residing in the County of Campbell and State of Kentucky, and Samuel Baker a Justice of the peace in the same state and County certify that we are well acquainted with Samuel Baley who, has signed the declaration to which this certificate is attached, and we believe him to be of the age of Seventy five years, that he is reputed and believed in the neighborhood where he resides to have been a soldier of the Revolution, and that we concur in that opinion Sworn to and subscribed this 1st day of November 1833.
Richd. Tarvin
Samuel Baker

Where and in what year were you born?
I was born in the year 1758, on the 16th day of August, according to the record of my Father's Bible, which record I remember to have seen, but do not know where it is now and I was born in Buckingham County, in the State of Virginia, and when I entered the service I lived in the state of South Carolina in 96 district, and when I left the army I returned to Virginia and from then I came to the State of Kentucky in the County of Campbell, and lived there about seven or eight years and from there I moved to Harrison County of the same state, and from there I moved to the State of Indiana, and lived there nine years, and some months, and from there I again came to Kentucky in Campbell county where I now live

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How were you called into service? I enlisted for the term of nine months, and staid the full time, and two months after my enlistment expired.

State of Kentucky
Campbell Circuit Court
October Term 1833.
I certify that the within affidavit was this day produced in Court & sworn to by Richard Tarvin and Samuel Baker the signers thereto & ordered to be certified in due form of law. In Testimony whereof I John N Taliaferro Clerk of said Court have hereunto set my hand and affixed the seal of said Court this 1st day of Novr. 1833.
Jno. N Taliaferro Clk
Campbell Circuit Court
for Campbell County

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Saml Baley
Campbell Co

from 1776 private
11 months
$36.66 / 100

Hon. R. M. Johnson
Present.

[upside down]
[stamp] GREAT XINGS KY
Free
R.M Johnson

Samel. Baker Esqr
Grants Lick
Campbell Co. Keny

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WAR DEPARTMENT,
Pension Office,
June 12 1833
Sir:
The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in a tabular form. On comparing these papers with the following rules, and the subjoined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will shew what is necessary to be done. Those points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus: }). You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your claim.
A Statement, shewing the service of Samuel Baley
Period when the service was rendered. 1776
Duration of the claimant's service. Years. 11 Months. Days.
Rank of the claimant. Pr.
Names and rank of the Field officers under whom he served.
Col. Ogee
Age at present, and place of abode when he entered the service.
76
Proof by which the declaration is supported. no proof.

see red ink on the other side & comply with that

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, mucicians or privates, will, in the first instance, make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides. And every Court having by law a seal and Clerk is considered a Court of Record.
DECLARATION.
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
State, Territory, or District of } ss.
County of
On this day of personally appeared (a) before A. B. a resident (b) of in the county of and State, Territory or District of aged (c) years, who being first duly sworn, according to law, doth on his oath make the following declaration, in order to obtain the benefit of the provision made by the act of Congress, passed June 7th, 1832. That he enlisted in the Army of the United States in the year (d) , with and served in the (e) regiment of the line, under the following named officers:
[Here set forth the names and rank of the Field and Company officers; the time he left the service; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers;) the town or county and State in which he resided when he entered the service; the battles, if any, in which he was engaged, and the country through which he marched. This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.]
He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of
Sworn to and subscribed the day and year aforesaid. A. B.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states.
of the Court of do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of
In testimony whereof, I have hereunto set my hand and seal of office (i) this day of &c.
If, on examination of the proper record, the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out. Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz:
(k) We, A. B., a Clergyman, residing in the and C. D. residing in (the same) hereby certify, that we are well acquainted with , who has subscribed and sworn to the above declaration; that we believe him to be years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.
Sworn and subscribed the days and year aforesaid.
(And then will follow the certificate of the Court.)
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that A. B. who has signed the preceding certificate is a clergyman, resident in the and that C. D., who has also signed the same is a resident in the and is a credible person, and that their statement is entitled to credit.
I, Clerk of the Court of do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this day of &c.

Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction.
If such surviving witness cannot be found, the applicant will so state in his declaration, (l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his

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alleged service, as they are known at the Department. A very full account of the services of each person will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.
The Court will propound the following (m) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.
1. Where and in what year were you born?
2. Have you any record of your age, and if so, where is it?
3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?
4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom?
5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services.
6. To a Soldier, Did you ever receive a discharge from the service, and if so, by whom was it given, and what has become of it?
To an Officer, Did you ever receive a commission, and if so, by whom was it signed, and what has become of it?
7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution.
The Court will see that the answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant.
The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons--one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion. If one of these persons is a Clergyman, the Court will so certify, and they will also certify to the character and standing of other persons giving such certificates.
The traditionary evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party. And the Courts are requested to be very particular in the inquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
Applicants unable to appear in Court, by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court.
Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the Peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature.
No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.
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(a) The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance.
(b) The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not conforming to the rule.
(c) The age of the claimant must invariably be mentioned.
(d) The declarant must mention the period or periods of the war when he served.
(e) Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had. Every claimant must state, with precision, the length of his service, and the different grades in which he served, in language so definite as to enable the Department to determine to what amount of pension he is entitled. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words: "Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service; but, according to the best of his recollection, he served not less than the periods mentioned below, and in the following grades: - For - year - months, and - days, I served as a -. For - months and - days, I served as a -; and for such service I claim a pension." It is important, in all cases, to determine with precision the period for which such applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three of four months, is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state that they served two years in the militia, &c. without specifying the tours, the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must, in every case, be clearly shown under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
(f) The law makes the relinquishment indispensable.
(g) The opinion of the Court is always required.
(h) The Clerk must give his certificate in every case.
(i) The Clerk must affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he has no public seal of office, the certificate of a Member of Congress, proving the official character and signature of the certifying officer, should accompany the papers.
Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other papers authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
Proof of Service.
(j) In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses who are required to set forth in their affidavits the time of the claimant's entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under the seal of office.
(k) This traditionary evidence is indispensable in militia cases.
(l) If a witness cannot be found, the declarant must state the fact.
(m) The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.

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30258
Rey INVALID.
File No. 30,258
Samuel Baley
Pri Rev War
Act: June 7th. 32"
Index:- Vol. 2, Page 25
[Arrangement of 1870.]

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Samuel Baley Inda
enlisted
Capt Prince SC

did not serve on the Continental establishment.
Rejected.
30258

16

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The State of Indiana, Switzerland County, ss
Be it remembered that on the third day of June, one thousand eight hundred and eighteen, before me William Cotton, one of the associate judges of the Circuit Court in and for the County aforesaid, personally appeared Samuel Bayley, aged about fifty eight years, a resident citizen of the United States, who, after being duly sworn, according to law, in order to obtain the provisions of the act of Congress entitled "An act to provide for certain persons engaged in the land and naval service of the United States in the Revolutionary war" doth, and did depose declare and say that he entered into the service of the United Colony raised to obtain and defend American Liberty and Independence, by enlisting in the year in the 96th district of South Carolina, under Captain Frances Prince of the third regiment of South Carolina, commanded by Colonel Isaac Ogee, and served nine months, and he was honorably discharged on Packolet river S.C. by Captain Francis Prince. He was in the battle of Sullivan's Island, after which battle the 3d regiment together with colonel Sumpter's regiment, under the command of brigadier General Andrew Williamson, were ordered on the Indian frontier. That he has no pension allowed him by the congress of the United States to his knowledge; but if any should exist the hereby releases the same fully and entirely to the United States, and finally, that from the reduced circumstances he needs the assistance of his country for support.
Saml Baley
Sworn to and subscribed before me this third day of June A.D. 1818.
William Cotton {Seal}
Judge of the Sd. CC Inda

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The State of Indiana
Switzerland County Set.
I William Cotton one of the judges of the Circuit Court in and for the County of Switzerland. I do hereby certify that it appears to my satisfaction that Samuel Bayley served nine months in the Revolutionary war, and that he is in Indigent circumstances.
Given under my hand and seal this third day of June Anno Dom. 1818.
William Cotton {Seal}
Judge of the SC. C Inda.

Judge of the Said

State of Indiana
Switzerland County Ss.
I John Francis Dufour Clerk of the Switzerland Circuit Court of the County aforesaid hereby certify that William Cotton Esquire before whom the within statement appears to have been sworn to & subscribed and whose certificate appears above was at the time of granting said Certificate and administering said oath and still is one of the associate Judges of the said Switzerland Circuit Court duly commissioned and sworn that the above is his signature and that due faith and Credit is and ought to be given to his official acts as such
In testimony whereof I have hereunto set my hand and affixed the seal of said Court at Vevay this 3d day of June 1818.
John Francis Dufour Clk

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The State of Indiana, Switzerland county Ss
Personally appeared before me James McClure one of the associate judges of the Circuit Court in and for the County aforesaid, came personally Samuel Bayley who being duly sworn deposeth and saith that he enlisted in the month of May 1776 under Captain Francis Prince, lieutenant Field Farrow and Edward Hampton, of Isaac Ogee's regiment, (John Tutt, was afterwards appointed a major) Captain Cooper's company was also attached to the same regiment, he was killed in a battle with the Cherokee indians about the time that Hite's family was murdered on the indian lines. Nicholas Starns, Allfriends and orderly Sergt. Robert Prince, served with me in the same company and further saith not.
Saml Baley
Sworn to and subscribed before me this 15th day of March AD 1819
James McClure {Seal}
Associate Judge S. C. C. I

The State of Indiana
Switzerland County
I John Francis Dufour, clerk of the Circuit court of the county aforesaid, hereby certify that James McClure Esquire, before whom the above affidavit was taken and sworn to was at the time of administering the same and still is an acting judge of the county aforesaid, that the above is his signature and that full faith and credit is and of right ought to be given to his official acts as such
In testimony whereof I have hereunto set my hand and affixed the seal of the court aforesaid, this 15th day of March A.D. 1819
John Francis Dufour Clk
att. T. Richards

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Great Xings Ky
13th Novr
Pension Case

free
Rh M Johnson

Col J. L. Edwards
Pension office
City of Washington

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Please act on this case & keep at it till I return to the City & oblige
Rh. M Johnson

Mang 4

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Dear Friend I recd. Mr. Reardon's pension certificate on the 27th Ult. and was much gratified at the contents. and now again enclose you the case of Baley prepared in the best manner I can get it. and if it should fail I will not be affarried that the failure was in any person but the applicant himself, please let me know when you start for the City, and remember me when there.
Mr. William Thompson of our county told me he was at your house and you referred him to me for which you have my most cordial Thanks. I will attend to his case at next Court. if any change should take place in the pension business apprise me of it and

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oblige your friend while the token of life lasts.
Saml. Baker
Nov. 6th 1833
Hon R.M. Johnson

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Grants Lick
Free
Nov 8th.

Hon. Richard M. Johnson
Great Xings
Scott Co. (Ken)