Revolutionary War Pension and Bounty Land Warrant Application File S. 31438, James True, Va.

SERVICE
NUMBER _____
Ver- SERVICE
True, James
NUMBER S-31438
CONTENTS

Kentucky 19.157
James True of the in the State of Kentucky who was a private in the company commanded by Captain H. H. H. of the St. L. commanded by Col. Forsyth in the line line for 9 months
Inscribed on the Roll of Kentucky at the rate of 31 Dollars 25 Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 9 day of Aug 1833 and Little Wm Allen Winchester
Arrears to the 4th of March  60.00 Femi-ant. allowance ending Sept  15.00 75.00
{ Revolutionary Claim, } Act June 7, 1832. }
Recorded by Sam Boyd Clerk, Book E Vol. 7 Page 29

Declaration in order to obtain the benefit of the act of bounties passed June 7. 1832.
State of Kentucky)
Fayette County Set.
On this 22 d day of October 1832, personally appeared in open court, before the Hon Thomas M. Stickey, sole and presiding judge of the Fayette Circuit Court, now sitting James T. Jones, a resident of Fayette County and State of Kentucky, aged eighty four 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 bounties passed June 7. 1832.
That he entered the service of the United States, under the following named officers and served as herein stated. He was drafted with seven or eight others to guard the public magazine in Fredericksburg Virginia, in which service he was engaged at least six months, at that time he resided in Spotsylvania County, the squad was commanded by a Sergeant whose name he thinks was Blank Ballard. Allen Styli, Com Hayden and Edmund Bryant were engaged with him in this service, which was rendered he thinks in 1778. Major Forster had charge of the Magazine He was then discharged and in the latter part of the year 1780 was drafted, and marched to Sandy Point at Old James Town, through Caroline, Hanover, & Henrico Counties, under the following officers, Col Winston, Capt Thomas Crouch, & Lieut Coleman. The Troops were sent to Sandy Point, expecting the British to land there from their shipping, which they were designed to prevent. After serving about three months, he was marched to Petersburg and discharged.
In 1781, After his discharge, about two or three months after it, he entered the service at Fredericksburg with his waggon and team, under Richard Young, the Quarter Master and was engaged in hauling public stores, to Prince Edward County Horse, to Williamsburg, Richmond, and a great variety other places, when La Fayette came to Fredericksburg, Affiant

went with the troops transporting their baggage, to Richmond and the various points to which the Genl went to defend the country against the enemy. He was with him about six weeks, and was engaged in this service about eighteen months. He lived in Spotsylvania County, when he entered the service. He knew in the service Capt Richmond Stephens, of the Regular army. He has no documentary evidence of his service, but can prove it by Jps Bryant, Thos Bryant and Jno Damby.
Affiant was born in Spotsylvania County, Va. on 23 rd August 1748. He has no record of his age. He lived in Spotsylvania County, Va. when called into the service, he lived in Caroline County two years after the war, when he removed to Fayette County Kentucky where he has lived ever since. He received a discharge from the service, but has lost it many years since, he does not recollect from whom he received it.
He refers to the following individuals resident in his present neighborhood, who can testify as to his character for veracity and their belief of his services as a soldier of the Revolution. Hubbard Taylor, Philemon Taylor, Wm Brant, Richard Glines, Ben Hayley, Jacob Hughes and Edward Damby.
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
James his True mark
Jps Bryant states on oath that he is well acquainted with James True, whose name is subscribed to the above declaration, that he knew him in Spotsylvania County, Va during the Revolution, and resided within a mile of him, that said True to his knowledge, was one of a party, who was engaged, he thinks in 1776, in guarding the public magazine in Fredericksburg, & thinks he served about six months, during this period, he saw him repeatedly in Fredericksburg.

He likewise knew that said True was drafted into the service in the year 1780 and served about three months; affiant understood at the time, when said True left home, that he had gone to Old James Town. Affiant saw True frequently whilst he was in the service as a waggoner to the Army, and thinks he served in that capacity for 15 or 18 months. He has known him ever since and has lived his neighbour in Fayette County Tenn about 29 years.
Sworn to and subscribed the day & year aforesaid
James Bryant affiant
Jesse Bryant
This day Thomas Bryant personally appeared before me, Mayor of the City of Lexington and made oath, that he lived in Spotsylvania County Va in the year 1776, and knew that James True who has signed the above declaration, was drafted to guard the magazine in Fredericksburg, in which service he supposes he was engaged about six months. In 1780 affiant went down to Old Richmond to join his company, and John True belonged to this company and they were together until they reached Old Richmond, where affiant stopped with his company and True continued on to Sandy Point. Affiant was in Petersburg when True came there with his company, which was discharged, after a service of about three months.
Affiant recollects that said True was in the service as a waggoner for about 18 months. Octo 18. 1832. Charlton Hunt
John Damaby states on oath that he knew the above named James True during the Revolutionary war. When La Fayette came from the North to Va. at Fredericksburg, his teams were discharged and True was taken into the service as a waggoner, and transported the baggage of Col Garet, of the Regular Army, when Richmond, Va. was on the opposite side of the river with his

army, he started down the river and La Fayette pursued him. a little below Richmond Affiant was detached from the army, but True continued with the army, who were watching the movements of the enemy. Affiant thinks True must have been in the service as a Waggoneer some 18 months, Affiant has lived True's neighbor in this County for 46 years. Sworn to and subscribed the day and year aforesaid.
John Damaby
James True 15 Oct 32
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 Affiant was a revolutionary soldier, and served as he states. And the Court further certify that it appears to them that Jeps Bryant and John Damaby who have signed the above certificates, are residents in the County of Fayette, and are credible persons, and that their statements are entitled to credit.
W. M. Hickey
I Thomas Bodley, Clerk of the Court of Fayette County, do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of James True for a pension.
In testimony whereof I have hereunto set my hand and seal of office this 22 nd day of October 1832.
Thos Bodley Clerk

James True Kentucky
e
Hon. C. Allen Winchester. Ken

WAR DEPARTMENT,
Pension Office,
May 9
1838
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 subjjoined 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. These 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 James True
   Period when the service was rendered. Duration of the claimant's service. Rank of the claimant. Names and rank of the Field officers under whom he served. Age at present, and place of abode when he entered the service. Proof by which the declaration is supported.   Years. Months. Days.     draft 1776 6 Pt. Maj Forsyth 84 traditional and witness.   " 1780 about 3 Col Winston   " 19 wagon 2 d M c R. Young this service not provided for  
I am, respectfully,
Your obedient servant,
J. L. EDWARDS,
Commissioner of Pensions.

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 } ss. 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 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.
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 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 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 traditional 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 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 each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months , is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state 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.
[k] The notes from [a] to [j] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule 14 note [j] applies to continental troops only.
[l] This traditional evidence is indispensable in militia cases.
[m] If a witness cannot be found, the declarant must state the fact.
[n] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.

War Section.
Aug 3 am
November 26, 1926
Mrs. Ben L. Moore Springfield Tenn
Madam:
I have to advise you from the papers in the Revolutionary War pension claim S. 31438, it appears that James True was born August 29, 1748 in Spotsylvania County, Virginia.
While residing in said county, he served as a private in the Virginia Troops, as follows-
In 1776, six months under Sergeant Blanballard and Major Forsyth to guard the public stores at Fredericksburg, Virginia.
In the latter part of 1780, three months in Captain Thomas Croucher's Company, Colonel Winston's Regiment.
About three weeks after the expiration of the above service, eighteen months as wagoner under Quartermaster Richard Young.
He was allowed pension on his application executed October 22, 1832, while a resident of Fayette County, Kentucky.
The above noted James True (Trew) is the only soldier of that name found on the Revolutionary War records of this Bureau.
Respectfully,
WINFIELD SCOTT Commissioner.

Springfield Tennessee. Sept 26, 1926
Commissioner of Pensions. Washington, D.C.
Dear Sir,
Will you please give me the Revolutionary Record of James True of Virginia, also John Walton 16 of Virginia and John Ryan. I think John Ryan was from Virginia.
I thank you in advance for any information you may give me.
Sincerely, Mrs. Rev. L. Mobie

31438 Rev INVALID.
File No. 31,438
James Lane Rev Rev
Act: June 7 th 39 th
Index:—Vol. 9 , Page 425
[Arrangement of 1870.]
1926 Nov. 26-11:28 to Mrs. Bess F. Merrill copy

James M. ...
Col. ... May ...
$30 per ann
War Department
Pension Office
Washington City D.C.
FREE
Mark Allen Minneapolis

Leavington 18 th July 1833
Dear Sir
I enclose you the papers in the case of James Tane with the corrections made required by you.
Please respond through me as soon as possible.
Yrs Wt Servt
Clayton Hunt

Personally appeared before me a Justice of the Peace for Fayette County Kentucky, James True who being duly sworn deposeth and saith, that by reason of old age, and the consequent loss of memory, he cannot positively swear as to the precise length of his service, but according to the best of his recollection, he served not less than the periods men- tioned below, and in the following grades: — In the first tour, for six months I served as private, in the second tour for three months I served as a private, in the third tour I served for eighteen months, as a waggoner in the Revolutionary Army and for such service I claim a pension. July 16 th 1833.
Sworn to before me James True this 18 th July 1833
James E. Davis J.P.H.
Commonwealth of Kentucky, Fayette County to wit:
I James E. Rods clerk of the County Court for the County aforesaid, do certify, that James E. Davis whose name is signed to the foregoing Certificate, is and was at its date an acting Justice of the peace in and for the County aforesaid duly Commissioned and sworn agreeably to Law and as such full faith and credit should be given to all his official acts. —
In Testimony whereof I have hereunto set my hand and affixed my seal of office this 18 th day of July 1833. and of the Commonwealth the 42 nd Year
Atto (S.E. Rods clk. F.C.C.)