Revolutionary War Pension and Bounty Land Warrant Application File S. 8440, Sampson Evans, Penn. Va.

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Penn. Va. Evans, Sampson S. 8440
Born in Penna. carded

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8269
Virginia
Sampson Evans
of Campbell co. in the state of Virginia
who was a Sergt & Priv in the Company commanded
by Captain Wilson of the Regt commanded
by Col. Evans in the Pennya. [image of star]
[illegible] for 5 mos Segt.
& 2 " Priv
Pa. and Va. [image of star] Oct 11, 1804
Records completed [illegible]
Inscribed on the Roll of Virginia
at the rate of 31 Dollars 66 Cents per annum
to commence on the 4th day of March, 1831.
Certificate of pension issued the 25th day of March 1833 _ _ _ and [illegible]
Arrears to the 4th of M.'33 $63.22
Semi-anl. allowance ending 4 Sp '33 15.83
====
$79.05
{Revolutionary Claim, Act June 7, 1832.}
Recorded by Leo C. [illegible] Clerk,
Book [illegible] Vol. 7. Page 7.
Paid at the Treasury under the Act [illegible] 6 April 1838 from the 4th Sept 1838 to 4th March 1839. Agt notified 7 March 1840.
Paid as above from 4 Sep 1839. to 4 March 1840. Agt notified 24 Decm 1840.
Paid as above from 4 Sept 1840 to 4 March 1841. Agent notified 31 Decm 1841.
Dead.
Paid as above from 4 Sept 1841 to 4 March 1842, Agt notified 27 Sept. 1844

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S. Evans
20823
Len C Dabary Esq.
Cert?
J. Alexander
[illegible]
5 mo Sergt
2 mo pri
----------------
$31.66

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State of Virginia,
Campbell County to wit
On this 12th  day of November 1832 personally appeared in open Court before Alexander Austin,Thos. Rudd, Parish Clark[?] & Jas. C. McReynolds the County Court of Campbell now sitting, Sampson Evans a resident of the said County, and State aged seventy nine 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 entered the service of the United States under the following named officers and served as herein stated, to wit: That he first entered the service as a Serjeant in the militia of Pennsylvania being regularly drafted in the month of September, a few days after the Battle of Brandywine was fought [11 Sep 1777], the precise day and year he does not now remember At the time he so entered the service he resided in Chester County, and State of Pennsylvania, and then entered the service as before stated. Colo. William Evans commanded the Regiment, and Thomas Wilson was the Captain, Jacob Watkins the
lieutenant, and John Hands the Ensign of the Company in which he so entered the services. That he served a tour of three months from the time he so entered the service, during which he was marched in various directions in the State of Pennsylvania. That shortly after he was discharged from the tour of duty first mentioned, he removed from the State of Pennsylvania to Bedford County in the State of Virginia, where he again entered the service of the United States as a Private in the militia of Virginia in a Regiment commanded by Colo. Charles Lynch, and in a company in which Thomas Helm was Captain. James Dinwiddie was Lieutenant, and

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Andrew Field was Ensign. That the militia upon this occasion assembled, and were embodied at Long Island in Staunton River, and from thence were marched to North Carolina where they were engaged in the Battle of Guilford [Guilford Courthouse, 15 Mar 1781], in
which battle the said Capt. Helm was killed within a few yards of this declarant. From the time the declarant entered the service as last mentioned he continued in service two months – but he does not now remember either the day month, or year when this last tour or duty commenced or terminated. That he again (being regularly drafted) entered the service as a Serjeant in the militia of Virginia in a Regiment commanded by a Colo. [Edmund] Booker and in a company commanded by Capt David Beard. That the militia upon this Occasion marched from the County of Bedford where they rendezvouzed about the month of July or August 1781 to York Town which was then besieged by the American Army [sic:
Siege of Yorktown, 28 Sep - 19 Oct 1781], & when the British Army shortly after surrendered. Upon this occasion the declarant served two months at least, and thinks a little more. That he has no documentary evidence in relation to his said services. That he obtained a regular discharge at York Town which has
been destroyed – but he has no recollection of ever having received any other written 
discharge tho’ he served in all the tours before mentioned as long as he was required to serve.
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 of the agency of any state.
Sworn to and subscribed the day, and year aforesaid.
Sampson Evans
:+: The he obtained a regular discharge at York  Town which has been [illegible] but he has no recollection of ever having received any other written discharge [illegible]

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Questions propounded to Sampson Evans with his answers thereto. Nov. 12 1832.
1. Question. Where and in what year were you born?
Answer. I was born in the year 1752 in the County of Chester, and State of Pennsylvania.
2. Question. Have you any record of your age, and if so where is it?
Answer. There is a register of it in a family Bible belonging to a nephew of mine who lives in this
County.
3. Question. Where were you living when called into service; where have you lived since the Revolutionary War, and where do you now live?
Answer. The first time I was called into service I was living in Chester County in the State of
Pennsylvania; when afterwards called into service I resided in the County of Bedford
(now Campbell) in the State of Virginia where I have ever since resided, and still reside.
4. Question. How were you called into service; were you drafted, did you volunteer, or were you a substitute? and if a substitute, for whom?
Answer. I was drafted each time when I went into service.
5th Question. 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 service?

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Answer. The first time I was called into service I served in a Regiment of Pennsylvania Militia
commanded by Colo. William Evans, and in a Company Commanded by Captain Thomas Wilson. That on this occasion I served a tour of three months during which I was marched in various directions in the State of Pennsylvania. When next called into service I served in a Regiment of Virginia Militia commanded by Colo. Charles Lynch and in a company commanded by Capt. Thomas Helm. On this
occasion I was marched to the State of North Carolina where I was engaged in the Battle of Guilford. And when I was last called into service I served in a Regiment of Virginia Militia commanded by a Capt. [sic] Booker and in a Company commanded by Capt. David Beard. Upon this occasion I was marched to
York Town in Virginia then beseiged by the American Army, & which shortly after capitulated.
6. Question. Did you ever receive a discharge from the service, and if so by whom was it given, and what has become of it?
Answer. I have no recollection of ever having received but one written discharge, that was given by Colo. Booker; but it is lost, or mislaid.
7. Question. State the names of persons to whom you are known in your present neighbourhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the revolution?
Answer. I will refer the Court to Thomas Harvey [pension application S5474], and Henry Brown [W9365].

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Edmund Heemsdon & Dudley Terrece
Sworn to and substantiated 
this day and year aforesaid

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We Henry Brown a clergyman residing in the County of Campbell and state of Virginia, and Thomas Harvey residing in the same county and state, do hereby certify that we are well acquainted with Sampson Evans who has subscribed and sworn to the above declaration, and that we believe him to be twenty nine years of age, that he is refuted, and believed in the neighborhood where he resides to have been a soldier of the Revolution, and the we concur in that opinion.
Sworn to , and subscribed this day and year aforesaid.

Henry Brown 
Thos Harvey

And the said Court do hereby declare their opinion after the investigation of the matter and after putting the interrogation 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 the that Henry Brown who has signed the preceding certificate is a Clergyman resident in the said County of Campbell and that Thomas Harvey who has also signed the same is a resident in the said County of Campbell and is a credible person and that their statement is entitled to prevail.
I John Alexander Clark of the County Court of Campbell do hereby certify that the foregoing contained the original proceedings in the matter of the application of Sampson Evans for a pension.
In Testimony whereof I have hereunto set my hand and Seal of Office this the 12 day of November 1832 in the 56th year of the Commonwealth.
John Alexander Clark County Court of Campbell Va.

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No 20823
Sampson Evans
Campbell Co Virginia
[illegible]
H. B. Ely Agt
Campbell Ct House Va

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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.

A Statement, showing the Service of Sampson Evans Campbell Ct. Virginia

Period when the service was rendered - [illegible] 1781

Duration of the claimant's service.
Years Months Days
                3
                2
                2      [illegible]
Rank of the claimant
Sergt
Private'
[illegible]

Names and Rank of the Company officers under whom he served.

Thos Wilson
Cap
Jacob [illegible]
Cap Thos Helm
[illegible]

Names and Rank
of the General
and Field oflicers.

Col Wm Evans
[illegible]

Battles in which
the applicant was
engaged.

Guilford
Yorktown

Country through
which he marched.

Various parts of PA NC
Yorktown

Place of abode
when he eutered
the service, and age
at the present
period

Pennsylva
nia
Chester Co
[illegible] 79
[illegible]

Evidence by
which the decla-
ration is sup-
ported.

traditionary

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 County of }ss.                           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 provion 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 lie 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 en[t]ered 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.
 I [—— ——  ——]  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 [—— ——  ——] for a pension.
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 day 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 applicacation [sic] of for a pension.
In testimony whereof, I have hereunto set my hand and seal [seal embossed onto document] 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 alleged service, as they are known at the Department. A very full account of the services of each person

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3 
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. To an Officer. Did you ever receive a discharge from the service, and if so, by whom was it given and what has become of it? 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 [t]he 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 enquiry 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. ————————————
[a] The declarant must appear in open Court, unless prevented from doing go by reason of bodily infirmity ; in which ease 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 most 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. ln 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 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, it 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 his seal of office. 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 this case 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.

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8440
Invalid
Rev War

File No. 8440
Sampson Evans
Sergt Rev War
Act: June 7th / 32
Index :- Vol. [illegible] Page 117
{Arrangement of 1870}

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Hideon, Printer

Treasury Department,
Second Comptroller's Office
June 15th, 1843.

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", and the 3d section of the Act of August 23, 1842, extending the time within which pensioners may receive their pensions from the pension agents, The Executor of Sampson Evans, dec, a Pensioner on the Roll of the Richmond, Va Agency, at the rate of Ninety one Dollars and 66 cents per annum, under the law of the 4th June 1832, has been paid at this Department, from the 4th of Sept. 1841 to the 4th March 1842.

Respectfully yours,
Albion K Parris
Comptroller.

To the Commissioner of Pensions,
Present.

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Treasury Department,
Second Comptroller's Office
December 18th, 1840.

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", and the 3d section of the Act of August 23, 1842, extending the time within which pensioners may receive their pensions from the pension agents, The Executor of Sampson Evans, - a Pensioner on the Roll of the Richmond, Va Agency, at the rate of Thirty one Dollars and 66 cents per annum, under the law of the 4th June 1832, has been paid at this Department, from the 4th of Sept. 1839 to the 4th March 1840.

Respectfully yours,
Albion K Parris
Comptroller.

To the Commissioner of Pensions,
Present.

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Treasury Department,
Second Comptroller's Office
December 22, 1841.

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", and the 3d section of the Act of August 23, 1842, extending the time within which pensioners may receive their pensions from the pension agents, The Executor of Sampson Evans, - a Pensioner on the Roll of the Richmond, Va Agency, at the rate of Thirty one Dollars and 66 cents per annum, under the law of the 4th June 1832, has been paid at this Department, from the 4th of Sept. 1840 to the 4th March 1841.

Respectfully yours,
Albion K Parris
Comptroller.

To the Commissioner of Pensions,
Present.

Page 18

Treasury Department,
Second Comptroller's Office
January 16th, 1840.

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", and the 3d section of the Act of August 23, 1842, extending the time within which pensioners may receive their pensions from the pension agents, The Executor of Sampson Evans, - a Pensioner on the Roll of the Richmond, Va Agency, at the rate of Thirty one Dollars and 66 cents per annum, under the law of the 4th June 1832, has been paid at this Department, from the 4th of Sept. 1838 to the 4th March 1839.

Respectfully yours,
Albion K Parris
Comptroller.

To the Commissioner of Pensions,
Present.