Revolutionary War Pension and Bounty Land Warrant Application File S. 31481, Alexander Willoughby, Va.

SERVICE
Willoughby Alexander
NUMBER
Va.
S 31481
CONTENTS

Kentucky
23403
Alexander Willoughby of Spencerville in the State of Kentucky who was a private in the com d commanded by Captain Martin of the reg t commanded by Col Herry in the Virginia line for 1 year
Inscribed on the Roll of Kentucky at the rate of 40 Dollars — Cents per annum to commence on the 4th day of March, 1831.
Certificate of Pension issued the 4 day of June 1833 and Daniel D. Drew Micholeville
Arrears to the 4th of Sept r 180 00 Semi-ann. allowance ending March 20 00
$170.00
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by Dan Boyd Clerk Book 8 Vol. 7 Page 33

Kentucky Jefferson County ss.
On this 16 day of Sept r . 1833 Personally appeared in Open Court, before the justices of the County Court now sitting Alexander Willoughby a Resident of Jefferson County and State aforesaid aged Seventy two 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 7. 1832. That he entered the service of the United States under the following named officers and served as herein stated viz z , That he was drafted in January 1798 out of the Company Commanded by William Martin as Malitia Captain for Amherst County (Virginia) and marched down to the barracks near Charlottesville and there put under the Command of Captain David Shelton & one Col. Hargis (as well as he recollects) to guard General Piquion's Army who were prisoners and remained there six months in the service as guard; That during this service Captain Swanland from Albemarle County Va was killed by a sentinell on his post when said Swanland out of a project attempted to obtain the sentinell's Arms from him, and the first Indian he he ever saw was at the barracks who stoped there on their way from Congress; That he was discharged after the expiration of his
Statement of Service & remarks

4th Second term 6 months
term of service in the summer at that place by Capt. Shilton without a written discharge as well as he recollects - That he was drafted a second time out of the Company of said Martin in the Spring or summer of 1779 (in consequence of want of recollection he cannot state which) and marched down to the barracks again and then placed under the command of Capt. William (+ he believes the same Col. Starling) for the guarding of the same prisoners; that during this term of service a great quantity of beef was condemned and thrown on the Commissary hands, it had gotten some what spoiled and was afterwards washed & salted but whether it was then preserved he does not know; that this was a term of six months which he served and was then discharged by Capt. Starling without a written discharge as well as he recollects - That he was born in Albemarle County Va on the 19 th day of July 1760 his age is registered in the Ch. Bible of Parron Stamps Church in said County, was living in Amherst County Va when called into service, moved from that County & state to Kentucky in 1782 and has resided in Kentucky ever since & now resides in Jefferson City Ky - he was drafted as above stated, and many said Shilton & Starling as officers  malitia officers who were in the guard where he served (the general circumstances of his service above stated), that he never received a written discharge that he recollects of; that he acted as a private in his services as guard duty that he was

engaged in no other pursuit whilst in the service, whether as a guard, etc. further states Capt. Hugh Lehman, Joshua Hudson, Pleasant Watter, Danl. Anthony, Robt. Duncan, Wm. Dickerson, Alexl. Welch and Jo. McHanes, are persons to whom he is known in his present neighborhood, and who can testify as to his character for veracity and of their belief of his services as aforesaid. He states from the many memorials & deaths of persons who knew of his services as aforesaid & from the length of time since the services were performed he is unable to find a surviving witness by whom he can prove the same. He hereby renun- =ciates every claim 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 that he knows of - for the right of recollection he can not state with certainty the name of the month and day of the year and described the day of year above written - Alexl. Welch
Mr. Joshua Hudson a Clergyman residing in the County of Spencer State of Kentucky and Pleasant Watter residing in the same hereby certify that we are well acquainted with Alexander Wallingford who has subscribed & wrote the above declaration; that we

believe him to be Seventy two years of age; That he is reported 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 & subscribed the day & year aforesaid Joshua Hudson Pleasant Wallers mark.
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 Joshua Hudson who has signed the preceding Certificate is a clergyman resident in the County of Lebanon aforesaid, and that Pleasant Waller who has also signed the same is a resident in the said County of Lebanon and is a credible person and that their statement is entitled to credit -
I Daniel B Price clerk of the Lebanon County Court do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Alexander Willoughby for a pension. In testimony whereof I have hereunto set my hand and seal of office this 18 th day of September 1833 and in the 42 nd year of the Com- =monwealth. -
Dan d B Price

Affidavit State of Kentucky Spencer County Get
Personally appeared before me the undersigned a justice of the peace in and for the County aforesaid Alexander Willoughby, who being duly sworn, deposes and saith that by reason of old age and the consequent loss of memory, he cannot swear positively to the precise length of time for which he was drafted in each town he served as set forth in his declaration, but according to the best of his recollection he served not less than six months in each town making in all twelve months that he served as guard to guard  Burgomont Prisoners as stated in his foregoing declaration and for such services I claim a pension hereunto and subscribed before me this 29 th day of November 1833
Geo. T. Christman J.P. Alex. Willoughby
State of Kentucky Spencer County Set
I Daniel B. Price clerk of the county court for the County aforesaid do certify that George T. Christman Esq. whose name is subscribed to the foregoing certificate was at the time of signing the same a justice of the peace in and for the County aforesaid duly commissioned and qualified, and that his said signature is genuine.
In testimony whereof I have hereunto subscribed my name and affixed the seal of my office this 29 th day of November 1833 —
Danl. B. Price.

Preble's warbler Sept 27 1893
Ky - Sept 27 1891 Alex Willoughby
Dr. Moore
J. P. Edwards
Jan
Sept 25
Comm. of 1833 P. Moore
Washington City

27 191
Alexander Willoughby Gespamine Co. Ken.
from 1778 present 1 yr $40
See affidavit notary since it was returned Oct 29 th Nov 2 1839
Clk Dan B Price Nicholasville

WAR DEPARTMENT,
Pension Office,
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 Alexander Winckler
   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.     1778 6 12 Pt. Cap Martin Col: Harvey 72 Pa Traditionary   1779 6 " " Cap Harris Col: Harvey  
The drafted Militia in Virg a were generally engaged to serve for three months only. If he served six months during each term, it must be shown to the satisfaction of the Department that he was drafted to serve for the length of time stated.
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 } 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 of 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 inquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
Applicants unable to appear in Court, by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court.
Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the Peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature.
No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.
[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 [i] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule [j] 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.

31481
Ray INVALID.
File No. 31,481
Alexander Willoughby Rev. Rev. Rev.
Act: June 7 th 1891
Index:—Vol. 2 , Page 453
[Arrangement of 1870.]