Revolutionary War Pension and Bounty Land Warrant Application File S. 13,060, Daniel Totty, Va.

SERVICE
Va.
Jotty, Daniel
NUMBER
8,13060
CONTENTS
carded

16719 16729 Virginia Daniel Totty Senr. of Chesterfield Co in the State of Virginia who was a private in the Company commanded by Captain Ward of the Regt. commanded by Col. Good in the Va. militia line for 6 mos.
Inscribed on the Roll of Virginia at the rate of 21 Dollars 66 Cents per annum, to commence on the 14th day of March, 1831.
Certificate of Pension issued the 16 day of Sept. 1833. and sent to L. L. Williams Paymaster Clk.
Arrears to the 14th of Sept. 1833. $ 54. 16 Semi-ant. allowance ending March '34 - 10. 83 $ 65. 00
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by W. L. Williams Clerk. Book 6 Vol. 6 Page 24

Daniel Totty's Declaration.
for a pension. —
25425
1833 April 8 th Subscribed & sworn to by Daniel Totty & attested.
1833 May 13. Cogbill & Dickinson's affidavits taken &c.

State of Virginia
Chesterfield County p. } 3
On this 8 day of April 1833, personally appeared in open Court, before the County Court of Chesterfield County, Daniel Totty Senr. a resident of the City of Richmond in the State of Virginia, citizen of the aged sixty eight years and six months, 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 of June 7th 1832.
That he entered the service of the United States under the following named officers, and served as herein after stated, viz:
Early in the month of April in the year 1781, as well as this declarant now recollects, having been regularly drafted, he entered the service of the United States in the Revolutionary War, in the Company of militia commanded by Captain Benjamin Ward, belonging to Colonel Robert Goodie's Regiment, in the County of Chesterfield; marched directly to Petersburg, and was put under the command either of General Muhlenberg or Baron Steuben, and stationed at that place, until the advance of the British Army under Phillips and Arnold and their attack on the American troops stationed at that place, about the last of April. The American troops having withdrawn from their station at Petersburg after the attack made upon them by the British forces, this declarant, with the Company and Regiment before mentioned, marched through the County of Chesterfield by the Court House of that County, (which was burnt directly afterwards by a pursuing detachment of the British Army,) crossed James River at or near Luckahoe, marched thence down to Wilton just below Richmond, and was there put under the command of General Lafayette. At this place most of the Chesterfield militia were discharged; but this declarant, with others, was detached from Captain Ward's Company and attached to the Company of militia commanded by Captain David Patterson and to the Regiment commanded by Colonel M c George Tucker, and continued in the service until after the capture of the British Army at York Town; during this time the Company and Regiment to which he belonged were marched about a good deal between James and York River , without being stationed long at any particular place, were in the neighborhood of Old James Town, at the time of a skirmish then be-

twixt the British Troops under Cornwallis, and the Americans, were afterwards stationed a while at Williamsburg, whence they were transferred to York Town and attached to the main Army under the Command of General Washington, which was then investing the British Army at that place; where this declarant remained until the surrender of Cornwallis, on the 19th of October 1781, was discharged about at that place about a week after that event, and got home to Chesterfield about the first of November, having served, he thinks, not less than six months, and a half.
This declarant entered the service early in the month of April 1781, being called out at the time of Arnold's second invasion of this part of Virginia, and continued in the service without intermission until after Cornwallis's surrender at York Town the 19th of October following. He mentions no Regular Officers or troops besides those already mentioned, except that he was well acquainted and served with Captain David Mann at York Town, who commanded a Company of Artillery, he thinks, during the siege. That he received a written discharge from the Army, but does not now recollect by whom it was signed, and not considering it of any further value, he was not careful to preserve it, and does not know whether it is now in existence.
That he was born in the County of Chesterfield in the State of Virginia, the 16th of September 1764, according to a Register of his age made by his father in an old book, now in his possession, resided in that County at the time he was called into the service, and afterwards until about nineteen years ago, when he removed to the City of Richmond where he has resided ever since, with the exception of two years during that he resided about twelve miles from that City in the County of Henrico. Having been raised in the County of Chesterfield and called into service in that County, and having resided there the greater part of his life, and the proof and imputation of his service being in that County, he has made his declaration before that Court, instead of in the City of Richmond, the place of his present residence.
This declarant has no documentary evidence of his service, but it is known to persons now living, and is also proved by the annexed affidavit of Jonah Blankenship, who has recently died, since the making of his said affidavit. That he could refer to many persons who could testify to his veracity and the imputation of his service, but supposes it will be sufficient to mention them only whose certificate is annexed. That he does not know whether he can procure the testimony of any clergyman to the imputation of his service, as the only one who lived immediately in his former neighbourhood, and by whom it was certainly  likely known, is now dead.

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.
Daniel Totty Jr.
We Philip Cogbill & John Parkinson residing in the County of Chesterfield hereby certify that, we are well acquainted with Daniel Totty Senior, who has subscribed and sworn to the foregoing declaration. that we believe him to be upwards of sixty eight years of age, he is infirmed and believes in the said County to have been a soldier of the Revolution, in which we concur and have never heard it doubted. Subscribed known to before the county court of Chesterfield the 13th day of May 1833.
Philip Cogbill
his John Parkinson mark
And the said court do hereby declare their opinion after the investigation of the matter, and after putting the interrogatories presented by the war department, that the above named applicant Daniel Totty was a revolutionary soldier and served as he states, and the court further certifies that it appears to them that Philip Cogbill and John Parkinson — who have signed the preceding certificate are residents of said county and are credible persons, and that their statement is entitled to credit. I Parkers Poinexter clerk of the court of Chesterfield do hereby certify that the foregoing contains the original proceedings of the said court, in the matter of the application of Daniel Totty for a pension.
In testimony whereof I have hereunto set my hand and seal of office this sixteenth day of May anno Domini one thousand eight hundred and thirty three and in the 57th year of our Independence.
Parkers Poinexter CLK

No 25425
Daniel Totty Chesterfield County Virg a
Adm 6. Months 8 15 days. —
\begin{array}{r} 43.33\frac{1}{3} \\ 10.83 \\ \hline 54.16 \end{array}
L. Munnally Chesterfield County Virg a

WAR DEPARTMENT,
Pension Office,
183
Sir:
The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in a tabular form. On comparing these papers with the following rules, and the subjoined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will 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 Daniel Totty S.W. Chesterfield County Virginia
   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 apl 1781 — 6 15 Private Col Ward, Col Gooch Gen Mullenburgh 68 years County of Chesterfield Virginia Traditionary & one witness papers properly authenticated  
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 and State, Territory or District of 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 A. B. Sworn to and subscribed the day and year aforesaid.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion (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 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 _____; 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 is note [j] applies to continental troops only.
[l] This traditional evidence is indispensable in militia cases.
[m] This traditional evidence is indispensable in militia cases.
[n] If a witness cannot be found, the declarant must state the fact.
[o] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.

Rev. man
✓ 13.060 INVALID.
File No. 13, 060
Daniel Lotfy Sew
Priv. Rev. war
Act: June 7 th 1832
Index:—Vol. _____, Page _____
[Arrangement of 1870.]

Josiah Blankenship's Affidavit

State of Virginia
Chesterfield County ss.
I Chas. C. Francis - a Justice of the peace for the County aforesaid, hereby certify that Josiah Blankenship of the same County doth state, this day personally appeared before me, in the County aforesaid & made oath to the following statement, to-wit, "That he is well acquainted with Daniel Loty Senr., who now resides in the City of Richmond, and was well acquainted with him before the Revolutionary War, as they were both born in the same neighbourhood in the County of Chesterfield. That he knows positively of his personal knowledge that the said Loty served a tour of upwards of six months as this affiant thinks, first in Capt. Benjamin Ward's company of militia in Colonel Robert Good's Regiment, which marched from Chesterfield & was stationed some time at Petersburg & was present at the Battle at that place in April 1781, under the command of Steubens or Mahlenburg against the combined British forces under Arnold & Phillips, as well as he can remember. That the said company was there pursued through the County of Chesterfield about the time of the burning of the Court house, crossed James River at Deepwater & marched down to Wilton, & joined the main Army at that place under the command of the Marquis of Lafayette as well as he remembers; here most of the Chesterfield militia were discharged, but the said Loty, with this affiant & others, was attached to Capt. David Patterson's company of militia in Colonel St. George Tucker's Regiment & continued in service until after the surrender of the British Army at York. During this time the said company & Regiment were marched about a good deal between James & York Rivers, were stationed at Williamsburg for some time, & finally were present at the siege of York & took part in it, having served under many officers whom this affiant from his old age & loss of memory, has forgotten. That he remembers the said Daniel Loty Senr. perfectly as they were at that time & have ever since been intimately acquainted, & he knows that the said Loty served during the whole tour above mentioned, which lasted upwards of six months, & was discharged after the surrender of Cornwallis's Army at York."
Josiah Blankenship's mark
Subscribed & sworn to before me this 10th day of December 1832.
Charles C. Francis. J.P.

State of Virginia Chesterfield County, sc.
I Charles C Graves a Justice of the Peace for the County State aforesaid, certify that the within mentioned Josiah Blankenship, who has subscribed & sworn to the foregoing Affidavit is a credible person & his statement is entitled to confidence. Given under my hand this 18th. Day of December 1832.
Charles C Graves J.P.
Virginia; Chesterfield county court clerk's office; I Parke Poinsett clerk of the county court of Chesterfield county, do hereby certify that Charles C Graves esquire, whose name is affixed to the two preceding certificates, was at the time of signing the same, and still is an acting Justice of the peace, in and for the said county of Chesterfield duly commissioned and qualified as such, and further that his signatures thereto are genuine. In testimony whereof I have hereunto set my hand and seal of office this sixteenth day of May anno Dom: one thousand eight hundred and thirty three and in the 57th year of our Independence.
Parke Poinsett Clerk