Revolutionary War Pension and Bounty Land Warrant Application File S. 8816, for Joseph Lambaugh, Virginia

Page 1

Service
VA

Lambaugh, Joseph

Number
S.8816

Carded

Page 2

25.897
Ohio
Josepj Lambaugh
of Lawrence Co. in the State of Ohio
who was a Pri. in the Company commanded
 by Captain [William] George of the Regt 
commanded by [Thomas] Meriwether in the 
Virginia line for [illegible words] 11.55
Inscribed on the roll of Ohio
at the rate of 21 Dollars 55 Cents per annum 
to commence on the 4th day of March, 1831.
Certificate of Pension issued the 12 day of 
January and Sent to [name/place illegible] 
Arrears to the 4th of Sept 1833 53.51
Semi-anl. allowance ending 4 March '34 10.77 1/2
$64.64

{Revolutionary Claim, Act June 7, 1832.}Recorded by J.T. Spragur Clerk,
Book E- Vol. 8 Page 21

Page 3

[page 1]

Declaration  in order to obtain the benefit of the act of Congress of the 7th June 1832.
State of Ohio Lawrence County Ss: Court Com. [Common] Pleas of August Term 1832-

On this 29 day of August 1832 personally appeared in open court before the Judges of the court of common Pleas in & for the county aforesaid, being a court of record, Joseph Lamburgh, a resident of Fayette Township in the county of Lawrence [Ohio] aforesaid, aged 69 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 as a private in the army of the United States on or about the 12th of May 1771 - with John Smith, John Huff, Kays Huff, James Hunter & others for during the war I served in the 5th Regt. [Regiment] of the Virginia Line, under the following named officers to wit,
County officers - Capt Wm [William] George, Lieut. John Smith, Field officer Colo. Merawether [Thomas Meriwether] then- Major Harderman - Genl. Mughlenburgh [Peter Muhlenberg] -

He further declares declares - that he enlisted at a place called Maupin Hills [Malvern Hills, Virginia] about 18 miles below Richmond Virginia (name of the county not recollected) in the state of Virginia - at the time of enlistment he resided in London [Loudoun] county near Noland Ferry [Nolands Ferry] [Virginia] Before he enlisted he had been called out to perform a tour of 2 months service as a militia man & marched from Loudon [Loudoun] county to Richmond [Virginia] where he drew his arms- & from there marched to the above named place Maupin [Malvern] Hills.

In the militia service he continued about 2 weeks service under Capt. John McGuess From the place of enlistment he marched to 
Williamsburg [Virginia] at and about which place he continued till Genl Washington [General George Washington] joined them During his stay here he was in several skirmishes with the enemy - and was wounded 
viz in his right knee & right elbow (shows the scars)

From Williamsburg [Va.] he marched to York Town [Yorktown, Virginia] where her served during the whole siege  & till the surrender of the army commanded by Lord Cornwallis. [General Charles Lord Cornwallis] [Battle of Yorktown, Virginia 1781] 

From York town [Yorktown, Va.] he marched with the Prisoners to Nolands Ferry (near the place of his residence) when he received a furlough from Capt. [William] George permitting him & as he believes all company, to go home & remain till the next Spring - or till called on the particular of which he does not remember - 
He further declares sometime in April (he believes) following he received a final discharge 

He never was in actual service after he received his furlough according to the best of his recollection he was in actual service

Page 4

a little over six months & from the time of entering the service till he received his final discharge was bout eleven months - exclusive of the time of service in the militia as aforesaid.

he hereby relinquishes every claim whatever to a pension or annuity except the present & he declares that his name is not on the pension roll of any agency in any state.

Joseph Lambaugh
Hix X Mark

Sworn to and subscribed the day & year aforesaid.

Attest: Jos Wheeler - Clerk

And the said court do hereby declare their opinion that the above-named applicant was a revolutionary soldier & served as he states.

I Joseph Wheeler Clerk of the Court of Com Pleas aforesaid do hereby certify that the foregoing contains the original proceedings of the said court in the matter of the application of Joseph Lambaugh for a pension.

In testimony whereof I have hereunto set my hand & seal of office this 29 day of August 1832 and of this state the thirtieth.

Jos Wheeler - Clerk

Joseph Lambaugh
for a pension
Lawrence Co Ohio

Entered in court
August 29, 1832
7269

Page 5

Rev War
8816
INVALID. 
File No. 8816
Joseph Lambaugh 
Pri. Rev. War
Act: June 7th 1832
Index:-Vol. 1st, Page 213
[Arrangement of 1870.]

Page 6

Jos. Lambaugh

Ad 6 months
& 14 days

Hon S.F. Vinton
Ho. of Rep.

Page 7

War Department
Pension Office 16 May 1833

Sir

The evidence in support of the claim of Joseph Lambaugh has been again examined. The rolls of the Virginia Continental and state troops have been carefully examined, and the name of Joseph Lambaugh does not appear therein.

It will therefore be necessary for applicant to prove the service alleged to have been performed as a continental soldier.

I am sir
your obt servt

J.L. Edwards

Soloman Beekley Esq
Burlington
Lawrence County Ohio

Page 8

Joseph Lambaugh having called on me John Hereford now of Mason County Virginia family of Loudon County. I knew anything of his services as a revolutionary soldier (I do not) but from circumstances he has related to me must believe that he was a soldier in the revolution as stated in his declaration as I was acquainted with the Captains who he says he served under during the invasion of Cornwallis as I acted as Adjutant to two several regt that marched from Loudon County among the invasion of Cornwallis and was there during siege and surrender of the British army and the regt and it took one division of the prisoners to Noland's Ferry on the Potomac and where they was received by the Maryland troops as stated in his declaration. I find on examination in his declaration a very erroneous mistake as to the date stated in his declaration, also in his witness affidavit 
turn over

Page 9

its then stated that his service as a solder was in the year 1771 May the 12th when it ought to have been in the year 1781 - October 19th when Lord Cornwallis surrendered.

Given under my hand this 7th day of September 1833.

Jno Hereford

Page 10

7269

Brief objections to the admission of pension claim of which those answered in the negative, in red ink, will apply to the claim of Joseph Lambaugh 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? - BLANK

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? - NO

VI. Has he given the names of the officers under whom 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 it has a device

Page 11

2

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? - NO

XII. If the clergyman's affidavit has not been produced, is there any reasons assigned for not obtaining it? - NO

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? - NO

XIV. 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?
Has the proper officer certified to the official character and signature of the magistrate as the regulations direct?

BLANK

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? - BLANK

XVI. Are the papers authenticated as the regulations direct? - YES

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

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, etc. 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 blank year, blank months and blank days, I served as a blank for blank months and blank days I served as a blank; and for such service I claim a pension."

Page 12

3

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. 

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 matter 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.

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 form being improperly attached to the certificate.

See above as to the proof required in the case of Jopseh Lambaugh

State of Ohio
[illegible] County

Before me Mark Bradhoven a justice of the peace for said county personally appeared Samuel Melone after being duly sworn according to law deposeth and saith that by circumstances and personal knowledge he believes on or about the 12th day of May in the year 1771 that Joseph Lambaugh who is before named in the declaration enlisted in the county of Loudon State of Virginia as a soldier under the grade of a private with John Smith & John Huff; said Huff, James Hunter & others further this deponent saith not -sworn to & subscribed before me this 8th day of July AD 1833. Mark Bradhoven

Samuel Melone
His X Mark

I do further certify that the above oath was taken before me the subscriber and further his age & character of said witness I do believe it is correct.

Mark Bradhoven - JP - SEAL

Page 13

State of Ohio
Lawrence County

Superior Court April Term 1833

On this 15th day of April 1833 personally appeared in open court Joseph Lambaugh an applicant for a pension who being duly sworn according to law deposeth & saith that by reason of old age & 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 period below mentioned & in the following grades - for the term of 14 days service as a private in the militia as stated in my former declaration hereto attached, and for the term of six months & blank days I served as a private in the continental service as stated in said former declaration, amounting in all to not less than the six months and 14 days actual service for which I claim a pension.

I also further state that I have no documentary evidence to prove any part of said service nor do I know of any living witness by whom I could procure the same or any part thereof.

Joseph Lambaugh
Hix X Mark

Sworn to 7 subscribed in open court the day & year above mentioned.

Jos Wheeler - Clerk

We the subscriber citizens of said Lawrence County residing in the same do hereby certify that we are well acquainted with Joseph Lambaugh who has subscribed & sworn to the above declaration that we believe him to be about the age of sixty-nine years, that he is reputed & believed in the neighborhood where he resides to have been a soldier of the revolution & that we concur in that opinion.

W G Robinson
James Crumlish

Sworn to & subscribed the day & year aforesaid.

Jos Wheeler - Clerk

And the said court do hereby declare their opinion after the investigation of the matter that the above-named applicant was a revolutionary soldier & served as he states - and that the court further certifies that it appears to them that there is no clergyman residing in the neighborhood who is acquainted (over)

Page 14

with the said Joseph Lambaugh and that Wm G Robinson & James Crumlish who have signed the preceding certificates reside in said county and are credible persons & that their statements are entitled to credit.

I Joseph Wheeler Clerk of the Superior Court aforesaid do hereby certify that the foregoing contains the original proceedings of the said court as to the annexed declaration in the matter of the application of Joseph Lambaugh for a pension.

In testimony whereof I have herewith set my hand & seal of office this 15 day April 1833 & of this state the 31st.

Jos Wheeler - Clerk of
Superior Court La Co.

SEAL