Revolutionary War Pension and Bounty Land Warrant Application File R. 21,700, Vachel Clement, Va.

Page 1

SERVICE Va Clement, Vachel NUMBER R 21,700

Page 2

26.951
Vachel Clement
Declaration for a pention [sic]
Sworn to & filed the 15th of August 1833 in open court
Test
G T Woods

Page 3

State of Kentucky Hart County Sct
On this 15th day of August 1833 Vachel Clement a resident citizen of said county aged 71 years last December  personally appeared in the Hart Circuit Couty, before the Judge of said court sitting in open court, and being first duly and solemnly sworn according to law, made the following declaration on his oath, in order to obtain the benefit of the provisions of the act of congress of the 15th day of May 1828, entitled, ‘an act for the relief of certain surviveing [sic] officers and soldiers of the army of the Revolution’ - That he entered the service of the United States in the army of the Revolution, under the following officers, and served as stated below - 
He enlisted as a regular soldier in the continental line in the army of the United States in the County of Pittsylvaniah [sic] in the state of Virginia in the month of October, he believed the first thereof in the year 1778, under Lieutenant Gilbert, shortly thereafter he was placed under the command of Lieutenant Holmes, who was also a recruiting regular officer of the United States army, and when he entered the army he was put in the company of and under the command of Captain William Horton, and served in his company until he was discharged. The company of Horton was in the second Virginia Redgiment [sic] on continental establishment, commanded by Colonel Freeman, The term of his enlistment was for and during the war which time he served fully out and was discharged from the service not very far distant from Little York he thinks in March after the surrender at that place of the British troops to General Washington having served three years and five months to the best of his recollection. He was marched from the place of his enlistment in Virginia to Hillsborough in North Carolina, & after remaining there some time, marched with other troops to Guilford courthouse, and was in that memorable engagement fought in March 1781, in which he received a

Page 4

wound, by having the end of his finger next his little finger on the right hand, shot off with a musket or rifle ball. From Guilford courthouse, he marched with the other troops of the redgiment [sic] to which he belonged, to the seige [sic] of Little York, in which he was engaged until the close of the seige [sic] and surrender and until March thereafter, when he was discharged near Little York, the name of the place at which, he does not recollect. He was discharged by Captain Horton and received a written discharge from the service, and his enlistment aforedsaid fully exonerating, and acquitting him from duty under it. His discharge he has long since lost, not having supposed it to be of any value. He does not now and never has received a pension of any kind from the government of the United States, and his name is not on the pension list of any agency in any state of the Union. He has no documentary evidence of his service as aforesaid, nor does he know of any witness living by whom he can prove his service or any part thereof; He was from Pittsylvaniah [sic] County Virginia according to the best information he has from family tradition on the 8th day of December 1762, he has no record of his age. He removed from Virginia in the year 1811, (where he lived after the [insert caret] war till that time) and settled in Shelby county Ky and lived there two years, from [insert caret] thence he removed to Hart County Ky where he now resides, and has [illegible] for 21 – years past. He presumes his name will be found on the rolls in the office of the Secretary of War, in the Redgiment [sic] mentioned and in the company rolls of Captain William Horton. He is known to many person [sic] in his neighbourhood & county who can speak as to his character for truth, & honesty, and their belief of his services as a soldier of the Revolution. He will mention the names of George T Wood, William Allen, Jesse Craddock Esqrs & Doctr Hiram D Felt [?] who [insert caret] he will endeavor to procure, to depose on the subject. He is now old and extremely poor, and [illegible] diseased with the phthisic [?] and stands in absolute need of the assistance of his country. He hereby

Page 5

relinquishes his claim to any other, and all other claims to any pension or annuity from the government except the one now claimed, he could mention the names of many of the officers with whom he served to wit General Washington, whom he frequently saw at the siege of York, Genl. Morgan under whom he served at the Battle of Guilford Courthouse Genl Green & Major Ryan and others
Subscribed and sworn to the day & year above named. Vachel Clement

We William Allen & Willis Craddock citizens of Hart County Kentucky, do state an oath that we are and have been for some years past acquainted with Vachel Clement of said county who has sworn to and subscribed the above declaration for a pension, and that we know nothing prejudicial to his character as a man of truth, nor have we heard anything that would discredit his statements on oath, and from what we know of the man we would believe his statements on oath we also state that, he has been reputed in his neighbourhood & the county of Hart to have been a soldier of the revolution, and we concur in the opinion that the report is true & that he was a soldier of the revolution & served as he has stated. We never have heard it doubted that he did serve as he has stated. Sworn to & subscribed this 16th day of August 1833 in open court in the Hart Circuit.
William Allen
Willis Craddock

Page 6

And the said Hart County Circuit Court doth certify that William Allen and Willis Craddock whose affidavits [?] are sworn to & subscribed above are credible witnesses and their statements entitled to credit [insert caret] and that said court are of opinion [begin crossed out word] and [end crossed out word] that said Vachel Clement was a soldier of the Revolution and served as he has stated in his declaration which is ordered to be certified to the War Department of US.
I George T Wood clerk of the said Hart circuit court do certify that the foregoing is whole of the proceedings of said court in the matter of the application of said Vachel Clement for a pension. In testimony whereof I hereunto set my hand and my seal of office this 17 day of August 1833
George T Wood
Clerk of the Hart Circuit Court

Page 7

Vachel Clement Ky
Capt Horton 2d Va Colo Freeman
Feby 17 1834
Refc to cont Revy Pension
May 1 1834 Conet [or Court] deschg[illegible]
to be

Page 8

[This is mostly a typewritten letter and form]
WAR DEPARTMENT
Pension Office,
Sept. 21. 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 Vachel Clement

Period when the service was rendered. | 1778
Duration of the claimant’s service. Years. | Months. | Days. | to the end of the war
Rank of the claimant. | Pri.
Names and rank of the [begin crossed out text] Field [end crossed out text] officers under whom he served. | Lieut. Gilbert / “ [Lieut.] Holmes / Capt. Horton / Col. Freeman
Age at present, and place of abode when he entered the service. | 71 years of age
Proof by which the declaration is supported. | Traditionary

[pen-drawn picture of a pointing hand] Proof of service wanted. See page 3d.

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

Mr. V. Clement
of Kentucky

Page 9

[This is a typewritten page]
2
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 benefit of this law as officers, non-commissioned officers, mucicians [sic] 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 [blank] day of [blank] personally appeared (a) before [blank] A. B. a resident (b) of [blank] in the county of [blank] and State, Territory or District of [blank] aged (c) [blank] 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) [blank], with [blank] and served in the [blank] (e) regiment of the [blank] line, under the following named officers: [blank]
[Here set forth the names and rank of the Field and Company Officers; the time he left 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. [illegible mark] 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 [blank]
Sworn to and subscribed the day and year aforesaid. [blank] 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 [blank] of the Court of [blank] do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of [blank] for a pension.
In testimony whereof, I have hereunto set my hand and seal of office (i) in this [blank] day of [blank] &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 [blank] and C.D. residing in (the same) hereby certify, that we are well acquainted with [blank], who has subscribed and sworn to the above declaration; that we believe him to be [blank] 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 to 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, and resident in the [blank] and that C. D., who has also signed the same is a resident in the [blank] and is a credible person, and that their statement is entitled to credit.
I, [blank] Clerk of the Court of [blank] do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of [blank] for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this [blank] day of [blank] &c.
Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and then will 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

Page 10

[this is a typewritten page]
3
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 states will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be atlempted [sic]; 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 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 taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before 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, and the title of the claimant, and the opinion of the Court upon the whole matter.
[a] The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance.
[b] The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not conforming to the rule.
[c] The age of the claimant must invariably be mentioned.
[d] The declarant must mention the period or periods of the war when he served.
[e] Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had. Every claimant must state, with precision, the length of his service, and the different grades in which he served, in language so definite as to enable the Department to determine to what amount of pension he is entitled. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
“Personally appeared before me, the undersigned, a Justice of the Peace, &c. A.B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service; but according to the best of his 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.”
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 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 his seal of office.
The notes from [a] to [i] are equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in note [f] 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 by written, and sent to the War Department, with the declaration.

Page 11

Pensioners & old [?]
Soldiers in 
Hart County Ky

Page 12

Jas. V Logsden $36.66
Joshua Crump  23.33
Nathaniel Roundtree 40.00
# George Blissett 80.00
# John Wright 80.00
# George Highbaugh 96.00 &c
# Barney Foster 96.00 &c
# Vachel Clement 96.00 &c
“ John Ramsey –
“ Daniel Morris – 
“ John Cann –
“ John Bomar –
“ Anthony Street –
“ – Richd Whitman
-- Devour –
Timberlake 0
Edgar 0
Defevers 0 Sisemore [?] Tompsons mill

Page 13

[this is a typewritten form]
(3-223.)
No. 21.700 Revy
[blank], Ex’r.  REJECTED
OLD WAR INVALID.
Vachel Clement of Ky
P.O. Pri, Col Freeman Va troops
Service: Revy
Enlisted: [blank], 18 [blank].
Discharged: [blank], 18 [blank].
Application filed: [blank], 18 [blank].
Alleges: [blank]
Re-enlisted: [blank]
Attorney: [blank]
P.O. [blank]

Page 14

War Department
Pension Office
Septr 21.1833.
Sir.
The papers which you sent to this office in relation to the claim of Vachel Clement I herewith return.
The applicant’s name is not found on the revolutionary rolls of Service. He must therefore prove his Service, according to the rule laid down in note j in the enclosed printed Sheet. The applicant alleges that he Served in Col. Freeman’s regt. No officer of that name ever belonged to the Virginia line, or to any line of the Continental Army. The applicant Should therefore amend his declaration in this respect. The printed brief will point out more particularly what is required.
Mr. W. T. Willis, the writer of the enclosed letter, is mistaken in saying that the applications are acted on irregularly. They are acted on with great regularity, considering the number of claims deposited here, and the mass of papers which we have to examine. By a late rule, no preference is given to any agent’s cases. They are all acted on in turn.
The cases to which Mr. W. alluded will receive due

Page 15

due attention, and will be reported to him.
In relation to the cases Sent by D. Richardson, Esq. of Tyngsborough, Mass. I can only say that Isaac Wright’s pension Certificate has been issued and will be sent to Mr. R. by this day’s mail. Our papers are not filed in Such order as to enable me to give the information required, unless I had a list of the names.
Very respectfully
Your Obt. Servt.
J. L. Edwards

Amos Kendall, Esq.
4th Auditor
Prest.