Revolutionary War Pension and Bounty Land Warrant Application File S. 38445, James Travis, Va.

SERVICE
NUMBER _____
va
Travis, James
S 38445—
CONTENTS

Kentucky 26.855 James ...
who was a ... in the ... commanded by Captain ... of the ... commanded by Col ... in the ...
26.855
Inscribed on the Roll of ... at the rate of 80 Dollars ... Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the ... day of June and ...
Arrears to the 4th of ... 240.00 Semi-ant. allowance ending ... 40.00 $ 280.00
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by ... Clerk, Book ... Vol. ... Page 18

Rev
James Francis Declaration for a Pardon,
W. H. Lord Present
W. H. Lord Esq. Present.

State of Kentucky } Shelby County } 3
On this 28 th day of October 1833 before William Kinkeade a Justice of the peace in for said County personally ap- peared James Travis a citizen of Shelby County Kentucky, aged 84 years who upon his oath doth make his declaration in order to obtain the benefits of the act of Congress of June 7 th 1832
That in the year 1777 he was a citizen of the State of Virginia Culpeper County that in the fall of the aforesaid year he enlis- ted as a regular in the war of the revolution for three years in Captain Gabriel Long's Company of Col. Morgan's Regiment of Virginia Line, that Genl Gates commanded the Brigade, that he served out the time for which he enlisted, and received a discharge from the aforesaid three years service that he has received from the State of Virginia a land warrant for one hundred acres for similar service he states that he knows of no living witness by whom he can prove his service except David Gartly upon whose testimony & others he got his land warrant, that he has lost said discharge
He hereby relinquishes his all claim to a pension but the present and declares,

his name is not on the pension roll or any agency thereof in the United States Suborn to & subscribed the day & year aforesaid
his James M. Travis mark
I Wm. Kinkade a Justice of the peace in for said County do hereby certify that James Travis came before me & made oath in due form of law to the statements contained in the within affidavit, I am of opinion that he was a soldier & served as he states,
Wm. Kinkade J.P.S. 6
State of Kentucky } S Shelby County } S at
I James Whitaker Clerk of the County Court in for said County hereby certify that Wm. Kinkade whose name is signed to the preceding certificate, was at the time of signing the same an acting Justice of the peace in for said County duly commissioned as such.
In testimony whereof I have hereunto set my hand and as Clerk aforesaid & affixed my seal of office the 28th day of October 1833
Ja: S. Whitaker

State of Kentucky Floyd County To wit
I William Kirkhead a Justice of the peace in & for the County & Common- wealth aforesaid, do hereby certify that James Travis who made the foregoing decla- rations was at the time of making the same & still is from bodily infirmity unable to attend Court to make his decla- rations. In Testimony whereof I have hereunto set my hand & Seal this 21 st day of March 1834.

No 29. 524 James Travis Kentucky
a.
for 1777 for 3 yrs #80.
at the rate
Todd,
H. R. Johnson N. R. H. H. Todd Present.

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 James Travis
   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.     1777 3 Pt. Cap Long Col. Morgan 84 Va. documentary.  
I am, respectfully,
Your obedient servant,
JAMES 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 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) _____, who has 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 in 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.

38 445
INVALID.
Recy
File No. 38 445
James Davis Pr. Rev. Ind
Act: 15 th March 18 th
Index:—Vol. 2 , Page 578
[Arrangement of 1870.]

I certify that a Warrant No. 7409. for one hundred Acres in the name of James Travis granted to him by the State of Virginia for his three years service in the continental line, is on file in this office —
J. Keller General Land Office 4 March 1834

Revolutionary Claims.
Under the act, entitled "An act for the relief of certain surviving Officers and Soldiers of the Army of the Revolution," approved 15th May, 1828.
TREASURY DEPARTMENT,
8 Feb 1830.
Sir:
In answer to the enclosed letter, I have to inform you that the further evidence transmitted in support of Mr Travis's claim under the above-mentioned act was not found satisfactory.
I am, Sir, very respectfully,
Your obedient servant,
(P. D. Rush am)
Secretary of the Treasury.
The Hon.
Joseph Lecomp.

1061
Free
Revolutionary Claims
The City of Philadelphia Sept 14
The Honble Richard Rush. Secretary of War
Washington City Mail
probably June 2 nd or New York June
No 3 Sept 22 1828

Shelbyville 25 th August 1828
The Double Richard Rush
Enclosed is the declaration & Certificates of James Travis an old Infirmary man I believe a revolutionary Soldier but whose memory is so bad it is almost impossible I fear to make such a declaration as would entitle him to his pay - he has lost his discharge. & is unable to tell much about his inferior officers but recollects that he served under Genl. Putnam. Morgan & McLean. While under McLean Newman was his Cap- tain Graton his Lieutenant. & Hart the Major but the Colonel's name he does not recollect - Upon the examination of these papers, you should deem an amendment necessary & will

point it out I will endeavour to have it made & procure such further testimony as may be deemed necessary
Very respectfully
Yr Ob. Servt.
Geo W. Johnston.
— " —
1061

Frankfort 8 th June 1834
Dear Sir
I hand you some papers which you need only read hand to Mr Allison, every thing is now fixed to his order, & direction
Your friend
Zebol R d Johnson 3 W m A d Todd

James Travis
Wm H Todd

Kentucky
Shelby County - to wit -
This day personally appeared before the undersigned a Justice of the Peace for the County of Shelby - Daniel Hartley - who being duly sworn states, that he served as a sergeant in the revolutionary war in Genl. Morgans rifle regiment in a company commanded by Capt. Gabriel Song, and that James Travis was an enlisted soldier for and during the war, in the same company - and that he said Travis served in the Revolutionary War to his the said Hartley's personal knowledge for about three years - Given under my hand and seal this 12 th day of August 1829
Sam. M. White
Kentucky
Shelby County - set.
I James S. Whitaker Clerk of the County Court for the County of Shelby, do hereby certify, that Sam l . M c . White Esq r before whom the foregoing affidavit was made, was at the time of doing the same, and still is an acting justice of the Peace for said County, and that full faith ought to be given to all his official acts.
In testimony whereof I have set my hand, and affixed the seal of said County this 17 th day of August 1829
Atto.
Ja. S. Whitaker Clerk
Executive Department
February 15 th 1835.
The above is a true copy of an original paper on file in this Department.
J. D. Richardson Aft Sec. Smith

James Travis Affidavit

Dr. Cropping by July 1 st
Wase Mr. M. Johnson
Hon. Saml. D. Ingham Secy of Treasury City of Washington

Re: 12 July 1880.
2088
{ Blue Spring 29 th June 1880
Sir,
Mr Travis has brought me the within letter. His object is to ascertain what is defective in his proof, as he says he has proven that he did serve till the end of the war. I send your letter to Mr Lacont.
The old man lives 40 miles from me - your immediate answer stating in detail the points to be proven, or the defects in the proof which he forwarded to your wife very much oblige me, as it will save me trouble in the visits of the old veteran.
Your friend
Ph. M. Johnson.
Hon. Samuel D. Ingham.

Secy Secretary of the Treasury City of Washington
Lawrenceburg Ky 3 2 5- June 29. 1833

Re? 9 July 1830.
2002 Lawrenceburg Ky. June 30 1830
Dear sir There is an old Revolutionary soldier in this neighborhood by the name of James Travis who though no doubt entitled to a pension has never been able to obtain one He is a very ignorant man not being able to write his name & perhaps to his ignorance may be attributed his want of success He tells me he has made out his case a number of times & sent the evidence on to Washington but his proof was still pronounced insufficient without cause being assigned I therefore petition you in behalf of Mr Travis to send back the documents which he has heretofore sent you & point out wherein the same are deficient & if any particular formality is required in taking depositions please send me a form Mr Travis has lately been informed that the Lieut.

enact under whom he fought is still alive whose evidence can be added to that hitherto produced
I hope you will not fail to communicate all the necessary information for I assure you that Mr Travis is an object worthy of your commiseration
He also served three years since the Revolution a part of the time in the army of General St. Clair for which he has never been remunerated please inform me if there is any means by which he could get his pay at this late period
As an apology for making these request I would state that this is a subject which though perhaps perfectly plain to you but few persons in this country understand & although I have read the pension laws with care when I compare them with the usage under them I am diffiulted to understand them sufficiently
Yours &c Charles Ballance

James Travis - DoV. Pun. line -
Kentucky
Transferred at the request of J. L. Edwards Esq. to the War Department 28 th July 1832 -
In v. File No 38,445 -

REVOLUTIONARY CLAIMS.
TREASURY DEPARTMENT,
Sept. 22. 1828.
James Travis, of Shelbyville in the County of Shelby, in the State of Kentucky, has applied to the Secretary of the Treasury for the benefits of the act, entitled "An Act for the relief of certain surviving officers and soldiers of the Revolution," approved the 15th of May, 1828. He states that he enlisted in the Continental line of the army of the Revolution, for and during the war, and continued until its termination, at which period he was a Private in captain Gabriel Long — 's company, in Col Morgani's regiment of the Pennsylvania line; and that he received a certificate for the reward of eighty dollars, provided by the resolve of the 15th of May, 1778; and further, that he was not on the 15th day of May, 1828, on the pension list of the United States, and that he has received as a pensioner since the 3d of March, 1826, nothing.
The Third Auditor is requested to report how far the several statements are corroborated by the records in his office.
By order of the Secretary, H.kins
+ Probably the Virginia line.
The claimant's name is not found in the Virginia line.
3. Auditor's Office TREASURY DEPARTMENT,
15 - October 1829 PHG
THIRD AUDITOR'S OFFICE, 30. September 1828
It appears by the records in this office, that a certificate for the reward of eighty dollars has been issued to James Travis in the
It further appears that James Travis is now on the pension list of the any — agency, and has been so since the 3d March 1826 at the rate of dollars per month.
The name of James Travis cannot be found among those of the Pennsylvania line to whom certificates for the gratuity of Eighty Dollars were issued.
Thompson Thompson

General Land Office
14 July 1820.
The name of James Travis does not appear on the List of Warrants issued by the Register of the Land Office at Richmond Va. so far as they have been received
Thos. McMoore Cl. A.K.

Revolutionary Claims.
Under the act, entitled "An act for the relief of certain surviving Officers and Soldiers of the Army of the Revolution," approved 15th May, 1828.
TREASURY DEPARTMENT, 17 Nov 1828
The annexed paper, relating to the claim of James Travis under the abovementioned act, is respectfully referred to the Secretary of War, with a request that he will be pleased to cause me to be informed whether it appears, by any records in the War Department, that the claimant has received, or is entitled to receive, the bounty in land granted by Congress for service in the Continental Line of the Army of the Revolution.
R. Rath.
The Hon. the SECRETARY OF WAR.
War Department! Bounty land office
It does not appear that James Travis as a private of the New York or Pennsylvania line, by the records of this office, ever received or is entitled to receive bounty land of the United States.
Robert Taylor 19 Nov 1828

1828 papers to be filed with ad
our own
File #
38.445

Honble. Richd M. Johnson Scott County,

Rec d 12 July 1830 Anderson
June 28. 1830
De r Col
The bearer is Mr. Francis, in whose behalf I wrote you, during the last Session of Congress. I have no doubt but he is entitled to a pension & will make known his case to you for such advice as you may think proper to give him. He is my friend and worthy. Your good advice to him; will oblige
Your friend
David White
Col. N. M. Johnson

State of Kentucky Shelby County } Set
On this 13 th day of May, 1834 In open Court personally appeared James Travis a citizen of Shelby County Kentucky aged 84 years who upon her oath doth make his Declaration in order to obtain the benefits of the act of Congress of June the 7 th , 1832
That in the year 1777 he was a citizen of the State of Virginia Culpeper County that in the fall of the aforesaid year he enlisted as a regular in the war of the revolution for three years in Captain Gabriel Langs Company of Col Morgan Regiment of the Virginia Line that Genl Gates commanded the Brigade that he served out the time for which he enlisted and received a discharge from the aforesaid three years services that he has received from the State of Virginia a land warrant for one hundred acres for similar services he states that he knows of no living witness by whom he can prove his services except Daniel Hartley on whose testimony he rather he got his land warrant that he has lost his discharge
He hereby relinquishes all claim to a pension but the present and declares his name is not on the pension roll or any agency thereof in the

United States Sworn to & Subscribed this Day and year aforesaid his James Pravis mark
Subscribed & sworn to in open Court Wm. Shanks P.S.P.C.
The Court hereby, declare their opinion that the applicant was a Revolutionary Soldier as he states
Shelby County } S t State of Kentucky }
I James S. Whitaker Clerk of the County Court for the County aforesaid do hereby certify that James Pravis personally appeared in open Court and made oath in due form of law to the foregoing declaration
In testimony whereof I have here unto set my hand and Affixed the Seal of the County — aforesaid this 23 rd Day of May 1834
J. S. Whitaker Clerk Shelby County Court