Revolutionary War Pension and Bounty Land Warrant Application File S. 7747, James Troy, Va.

(-570)
SERVICE
NUMBER _____
Va.
Troy, James
S 7747
CONTENTS
Carded

ginia 12806 Troy
Virginia in the State of Virginia Sergeant in the company commanded by Rogers of the Regt. commanded by Broadhead in the Virginia 11 months
Adrian
Inscribed on the Roll of Virginia at the rate of 55 Dollars ————— Cents per annu commence on the 14th day of March, 1831.
Certificate of Pension issued the 27 th day of May 1833 and sent J. P. Ray, No. 2 Gantown No.
to the 14th of March '33 11 0 Semi-ant. allowance ending 4 Sept. — 27. 5 $137.35
{ Revolutionary Claim, } { Act June 7 1872. }
Recorded by Wm Miller Book E. Vol. 6. Page

Virginia Monongalia County court 28 th August 1832.
On this day James Gray of this county personally appeared in open court of said county now sitting aged 73 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 the 7 th 1832 That he entered the service of the United States when he was fifteen years old in this county at Stradlers fort on Dunkard creek in the year 1774 under the following officers. Col William McClary then a Captain Lieutenants Philip Pierce & Samuel Linnander we were stationed at Stradlers fort the best part of two years then I was mustered under Captain Lewis Rogers at Martins fort on Crooked run two months then I was drafted for six months to go to Fort Pitt I was then placed under the command of Captain Bruce Col Gibson and Col Broadhead commanded continued until my term of service expired returned home and volunteered and was marched under Capt William John and Col Williams Mr Clary to wheeling where I was placed under the command of Captain Robert Fenolli Colonel Jackson & Mason Southers continued there three months Gen Clarke was the Commanding Officer then returned home then ended my services until the close of the revolutionary war I was born in Winchester Virginia in the year 1759 moved in this county when I was ten years old and have lived here ever since in all the company I was in I acted as an orderly Sergeant
Peter Kant George Wade and divers other of my neighbours can testify as to my veracity & character and their belief of my services as a revolutionary services
I hereby relinquish every claim whatever to a pension or annuity except the present and he declares that his name is not on the Pension roll of any agency of any State
Sworn to and subscribed the day and year aforesaid
James Gray

Amos Morris a resident of said county aged seventy four years personally appeared before the said court and after being duly sworn deposeth and saith. That he recollects that in 1779. he saw James Troy, who signed and made oath to the foregoing declaration in his presence before the court of said county. at Fort-Pitt but cannot tell how long he was in the service—
Sworn to and subscribed the day and year aforesaid
Amos Morris
George Wade a resident of said county aged seventy two years also personally appeared before the said court, and after being duly sworn deposeth and saith. that he has been personally acquainted with James Troy, who has sworn to and subscribed the foregoing declaration, for about fifty seven years — that he has heard said Troy's declaration, and he knows that he performed the services as a scout as therein stated, and he believes that he was in the service and performed the duty as stated in said declaration.
Sworn to and subscribed on the day and year aforesaid
George Wade
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 to the said Department of War, that Amos Morris and George Wade, the above named deponents are men of good character and entitled to credit.
I Thomas P. Ray clerk of the County court of Monongalia aforesaid do hereby certify that the foregoing contains the original proceedings of the said court in the matter of the application of James Troy for a pension. In testimony whereof I have hereunto set my hand and seal of office, this 28 th day of August in the year 1832 and 57 th year of the Commonwealth.
Thos. P. Ray

At a court held for Monongalia county, on Monday the 25 th of February, in the year 1833 personally appeared before the said court in open court Henry Voho, aged eighty years, who being first duly sworn, doth depose and say that he has been acquainted with James Troy the person named in the foregoing declaration ever since the year 1779, that this deponent was a soldier in Capt. Crop company, attached to Col. Gibson's regiment, stationed at Fort Pitt he believes in the same year, that he knew the said James Troy, who was a private in a company of militia attached to the same regiment, at the same place; that after Troy and himself had been at Fort Pitt four months, this deponent was with others sent to Wheeling to bury Capt. Foreman's men - that he did not return to Fort Pitt, and does not know, what time Troy was discharged, but the militia were drafted for six months. Sworn to and subscribed the day and year aforesaid Henry H Voho mark
State of Virginia } ss. On this 25 th day of March, in the year 1833, personally again appeared before the said court, James Troy, a resident of said county, aged seventy years, who being first duly sworn according to law, doth on his oath, make the following additional declaration, in order to obtain the benefit of the act of Congress, passed 7 th June 1832. That he recollects at Fort Pitt, during the Revolutionary War, Col. John Gibson of Virginia line and Col. Broadhead of Pennsylvania, and several inferior regular officers, whose names he has now forgotten, that he knew also at Fort Pitt and on Mt. Ritchie campaign, during the Revolution Col. John Evans, Col. Boyd, Major Springer, and many others besides those already named who were militia officers - that he in every instance received a discharge from the service, but he has long since lost them, deeming them of no more value than the Continental money he received for his services - that he was paid twelve dollars per month in that kind of paper, during the whole of his services, that eight was paid to the privates - that he was the first sergeant, during all his services - That he has for a great many years been personally acquainted with Col. Dudley Evans, Col. Ralph Berkshire, Rev. Joseph A. Shackelford, Col. Samuel Hanway and many other old and respectable inhabitants of said county, who he believes can testify as to his character for veracity, and their belief of his services in the Revolution Sworn to and subscribed, the day and year aforesaid
James Troy
We Joseph A. Shackelford, a clergyman, residing in the town of Morgantown, in said county, and Ralph Berkshire, residing in the same town, hereby certify, that we are well acquainted with James Troy, who has subscribed and sworn to the above declaration, that we believe him to be seventy three years of age, that he is reputed and believed, in the neighbourhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion. Sworn and subscribed the day and year aforesaid
J. A. Shackelford R. Berkshire

And the said court, do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories again as prescribed by the War Department, that the said applicant James Troy, was a Revolutionary Soldier, and served as he states. And the court further certifies, that it appears to them, that Joseph A. Shackelford, who has signed the preceding certificate, is a Clergyman resident of Morgantown in said county, and that Col. Ralph Berkshire, who has also signed the same certificate is a resident of the same town, and is a credible person, and that their statement is entitled to credit.
I, William P. Ray clerk of the County court aforesaid, do hereby certify, that the foregoing contains the original proceedings of the said court, in the matter of the application of James Troy, for a pension.
In testimony whereof, I have hereunto set my hand, and affixed the seal of said court, the 26 th day of March in the year 1883.
Wm. P. Ray
James
Troy
a deponent
466 S.

State of Virginia, County of Monongalia, S.S.
Personally appeared before the undersigned, a justice of the peace, within and for the county and state above named, Joseph Tennant, aged seventy six years, a native of said county and state, and whom I certify to be a credible person, and who being duly sworn according to law, does depose and say:
That he was well acquainted with James Troy, deceased, in his lifetime, having known him since about the year 1792. That said Troy, through his agent, Tho: P. Ray, Esqr., made an application for a pension, which was allowed him, but was afterwards suspended; that deponent was informed by Ray, the agent of Troy, that he had some trouble to prove the services of Troy, but finally a commissioned officer, deponent thinks Ray said he was a Colonel, informed Ray that he had a knowledge of said Troy's services, and his evidence was procured; that deponent under- stood that said commissioned officer did not reside in this county;
Deponent would further state that said James Troy, in his lifetime, had the reputation of having served in the Indian war, during the Revolution, and believes there was reasonable ground for such reputation. He further thinks said Troy's pension was not suspended at the same time

that the pensions of Peter Haught and Zachariah Piles were; owing to some mistake by Singleton, at that time the United States district attorney, deponent's recollection is, that Troy's service, as alleged, was after the period of the service of Haught and Piles; that deponent is fully satisfied of the justice of restoring Peter Haught's name to the pension roll - That the father of deponent, Richard Tennant, served with Haught, and he thinks Piles too; He would finally state that his understanding, was that no prosecution was instituted against Troy - That said Troy was a very poor man - and the United States could have made nothing by a suit against him, and further saith not.
Joseph Tennant
The foregoing was sworn to and subscribed before me, this 16 th day of October, A D 1858; the figures 1792, interlined before signing.
E B Lybrand S. P.
Virginia, State of Pennsylvania , County of Monongalia, S.S.
Abraham Tennant, a resident, and native of said Monongalia County, State aforesaid, aged seventy years, upon his oath deposes: That he was well acquainted with James Troy

deceased, in his lifetime, that he knew him over forty years, that he had the reputation of having served in the Indian wars during the Revolution, and deponent knows of no reason to doubt the truthfulness of such reputation - that deponent understood that said Iroy was pensioned, and that his pension was suspended about the time of suspending the pensions of Peter Haught and Zachariah Piles, that he, deponent, is a brother of Joseph Tennant who makes the foregoing affidavit, that he is no relative of Iroy's, and has no interest in the application of said Iroy's heirs for arrears of pension, and he knows his brother aforesaid, has no interest in such application, and further saith not.
Abraham Tennant
Sworn to and subscribed before me on the 18 th day of October A.D. 1858; and I certify that I am the neighbor of Abraham Tennant, the above applicant, and that he is a credible person - (word as "to doubt" interlined before signing - E B Byrd J.P.)
John Keele, a resident for the last thirty seven years of Monongalia County, State aforesaid, whom I certify to be a credible person, aged fifty nine years, upon his oath deposes and says:

That he was acquainted with James J. Gray deceased for thirty years before his death, That said Gray was his neighbor and a very old man at the time of his death, That he under stood said Gray in his lifetime for a short period was a pensioner of the United States, which pension was suspended, for what reason deponent never understood - That said James Gray in his lifetime had the reputation of having served in the Indian Wars during the Revolution, and that he never heard any pension doubt his services as alleged, That deponent is of opinion he was old enough to have served during the Indian wars of the Revolution, and further saith not.
John Beck
The foregoing was sworn to and subscribed before me on the 30 day of November A.D. 1858 - was "Gray" person interviewed before signing -
E. B. Lybrand
Richard Bennett, a resident and native of Monongalia County, State aforesaid, whom I certify to be a credible person, aged fifty three years being sworn according to law does depose and say:
That he was well acquainted

State of Virginia, County of Montgomery, Do Wits: I, Marshall M. Dent, Clerk of the County Court, within and for said County and State, hereby certify, that E. B. Sygard, Esq., whose genuine signatures are appended to the foregoing affida- vits, was, at the date of the same, an acting justice of the peace in and for said County, duly commissioned and qualified and I further certify, that I am personally with most of the foregoing affidavits and that they are, as certified by justice Sygard, credible persons. Given under my hand and the seal of said Court at Morganstown, this 12th day of November 1858 Marshall M. Dent Clerk

with James Fry deceased in the lifetime of said (Fry), that at the time of said (Fry's) death he was an old man, and that he always had the reputation of having served in the Indian Wars during the revolution, and deponent believes of no reason existing going to discredit such reputation, and thinks it was well founded, and further saith not.
Richard P. Sumner
Sworn to and subscribed before on this 3 d day of November 1838
E. B. Hygard
John Shrin, a resident and native of Monongalia County, Virginia, aged fifty five years, whom I certify to be a credible person, and who being duly sworn according to law saith:
That he was the near neighbor of James Fry deceased in his life time, that he knew said Fry from the time he was ten years of age, that he was at his burials, and that in his lifetime said James Fry always had the reputation of having

Served in the Indian Wars during the Revolution, and deponent knows of no reason to doubt the justice of of such reputation, and further saith not. John Shriver.
Sworn to and subscribed before me, on this 30 day of November A.D. 1858.
E. B. Lybrand J. P.
Stephen S. Wilson, a native and resident of Monongahela County in the state aforesaid, who being to be a credible person, and being being duly sworn according to law, says: That he was acquaint- -ted with James Gray from boyhood, until his death. That he was an old man at the time of his death, and that he al- -ways had the reputation of serving in the Indian wars during the Revolution, and he, deponent never heard any one question the fact of said Gray's service as alleged; that depo- -nent is now fifty two years of age, and further saith not. S. S. Wilson

Sworn to and subscribed before me on the 3 rd day of November 1858
E. B. Lybrand J.P.
Jacob Root Rover, aged sixty four years, a resident of Woolwich County, State aforesaid, whom I certify to be a credible person, on this solemn oath says:
That he was well acquainted with the late James Troy, deceased That he knew him for about fifteen years before his death, and that he always had the reputation of having served in the Indian Wars of the Revo- lution; and that he never heard any one express a doubt of his service as alleged, and further saith not.
Jacob Root Rover Sworn to
Sworn to and subscribed before me on the 3 rd day of November 1858
E. B. Lybrand J.P.

8668
James K. Gray
return
11. 12
14. 5. 6. 7
26 July 11 1833
Thos. D. Ray

7668
BRIEF in the case of James Troy  County of Monongalia in the State of Virginia (Act 7th June, 1882.)
 1. Was the declaration made before a Court or a Judge? Court  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?  3. How old is he? 73  4. State his service, as directed in the form annexed. 
   Period. Duration of Service. Rank. Names of General and Field Officers under whom he served.   Years, Months, Days.     In 17 74 nearly 2 years 2 — Enlisted Gen. Wm. M c Clary Capt Lewis Rogers.   Draft — 6 — " Capt. Bruce Col. Gibson   Vol. — 3 — Lt. Col. Brookshend. Capt. Wm. M c Clary " Rob. Hendon Col. Jackson Ga. Clerk.  
 5. In what battles was he engaged? None  6. Where did he reside when he entered the service? Monongalia City Va.  7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls? Witnesses  8. Are the papers defective as to form or authentication? and if so, in what respect? Correct 
I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
J. Waugh
Examining Clerk.

James Troy Monocacy Co. Virginia
Admitted Supt 11 months C $55=
Thos P Ray Morgan town Va

WAR DEPARTMENT,
Pension Office,
May 18 th
183 3
Sir:
The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in a tabular form. On comparing these papers with the following rules and the subjoined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will shew what is necessary to be done. Those points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus: } ). You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your claim.
A Statement, showing the Service of James Troy Mononfalia b o N.A.
   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.     1774 2 Best pan Col M c Clary 73 Traditionary Evidence   drafted 2 Second Capt Rogers Mononfalia enables   taken prisoner 6 Sergeant Col Brooks 67 Geo. Washington Anns   Col. 3 Capt Johnson N.A. Morris Tinnant Theapier   11 Henry Yoho as to the   Service as S er g t   enables not certify  
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 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 place 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 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.

Pensylv. 40 ch.
Off Business for
[Large decorative flourish]
Geo. C. Whiting
Comm. Pensylv.
Washington City.
Dea:
Jan 1832

Official Business
Free
James Gray - wa ad. 1861 - wid.
Hon. Geo. A. Whiting, Commonwealth Respondent, Washington City Pent. 17 th Jan y 1862 D. C. A.

Off. Partnership Purs.
12806 James J. ...
Hon. Geo. B. Whitrip. Commr. Revenues, Washington City.
Mount Vernon Ky Aug 1916
Dear Sir

✓ CHARLOTTE DIVISION OFFICE See Mr. ... James ... Mr. Bussey June Mrs. B. Whiting Cannon Street Washington City D.C. Kenton 4 apr.

Rev. Henry
7747
Rev
INVALID.
No. 7747
James Troy Sergt New War
Act: June 1 th 82
Sex: — Vol. 1 st , Page 378
[Arrangement of 1870.]

Laun Joy - Par Memoranda etc
Faco

I am now 74 years of age and have been in the service of the United States for 55 years.
The undersigned, James Foy, after the requisition of the Secretary of War, gives the following narrative of my age and Revolutionary services to wit - I was born in the year 1759, August 16 th when twenty 15 years I served under Col. M c Cleary at Dunbar Fort - there was no captain at that station but there was a lieutenant and ensign, but I don't recollect their names. Nor do I now remember how many soldiers there were at that station. Nor in what year this service was done - I went to the fort in the spring & returned in the fall of 1774 and was in service here for a six months - my father had a "dettachment or small party" right within 2 miles of the fort his family including my self were at the fort at the time of the battle of Point Pleasant.
In the succeeding summer I was drafted & marched from Monongalia county to Pittsburgh and remained there six months. There were ten of us drafted out of Capt. Rogers' company, we went on to Pittsburgh where we met Genl. Braddock and there found Capt. Wardlaw's company. Marched to Pittsburgh - Col. Broadhead & Genl. Forbes arrived and we moved to Pittsburgh - Col. Broadhead & Genl. Forbes arrived and we moved to Pittsburgh - Col. Broadhead & Genl. Forbes arrived and we moved to Pittsburgh.
In the next succeeding summer I was at Martin's Fort (Monongahela) for two months. Lieut. McKim commanded and was at Point Pleasant every other week.
In the same summer I was proportion station in same county for two months under Capt. John Foy. There was a fort of Block House at the station - and there lived my father. Mr. Foy sent my father a letter, whilst the same also detected some soldiers deserting - I joined my father by going to the fort. In October returned home to Salubria my home No. 6. 1834 James Foy

Mt. Morris, Greene Co. Pa Jany 17. 1889.
Sir:
I transmitted to your office in November last, a number of affidavits made out in conformity with the terms of your letter of Sept 27. last, showing that the late James Gray , had the reputation of having served in the Revolutionary war.
Gray died in January 1842 at an advanced age. He had three or four surviving children - The oldest of whom is now about 78 years of age -
He was pensioned at the same time that Zach. Phipps and Peter Haught were - and suspended on the strength of district attorney W. G. Singleton's ex parte opinion. W. G. Brown Esq and E. C. Wilson Esq both eminent jurists, (both of whom have served in Congress,) attribute the course of Singleton to unproven accusations and incompetency . He never had any character as an attorney and his entire business in the

Prosecutions against Pales, Houghton and Wade is confirmation of the fact; Fry's poverty saved him the annoy- ance of a prosecution.
The restoration of Pales and Houghton has properly induced Fry's heirs to claim under the application of the same "even handed justice" in this case.
Will you be so good as to inform me, if the affidavits referred to, in the first paragraph of this have been received at your office?
Very respectfully, Your obedient
J. W. Boughner
Hon. Geo. E. Whitney. Commissioner Peaford (Washington City) Dear Sir

Mount Morris, Greene Co. Pa.
Oct. 5. 1858 -
Sir.
I addressed a letter of inquiry in relation to the claims of the heirs of James Gray, a revolutionary soldier, early in Sept. about the 6 th I believe - and have received no reply -
If the letter referred to has been received by your office, permit me to beg an early reply to same.
Very respectfully. Your obed. servt.
J. W. Boughner.
Hon. Geo. C. Whiting, Commr. Pensions Washington City D.C.

Wt. Morris, Comm to Pen April 4. 1859
Sir
In the month of Nov. last I prepared and transmitted to your office summary affidavits in support of the claim of the heirs of the late James Gray of Mon a Co. Va. to a pension, &c. in accordance with the terms of the letter from Office, under date of Sept 27. 1858.
The affidavits referred to show that Gray "always had the reputation of having served in the Revolution."
Although there was no prosecution against Gray, for reasons shown in the affidavits, the claim of his heirs, is, in all other respects analogous, and equally meritorious, as those of the heirs of Peter Hayt, and the widow of Zach. Piles, which have been allowed and paid.
I would be pleased to know your views in relation to the claim.
(Very respectfully, Your obt. servt.)
Thos. G. W. Whiting, Comm Pension, Washington City.
J. W. Boughner

Gentlemen. Va. June 30 th /89. J. V. Boughner. Read July 3 rd /89.
Mr Randall

Petersburg, Monongalia Co. Va. June 20. 1857
Sir:
Your letter of the 24 th inst. in reply to mine of the 7 th addressed to the Commissioner of Pensions, in which you state "that the name of James Froy does not appear on the Wheeling Pension Rolls," communicated a fact I knew before I addressed the Pension Office.
James Froy was a Pensioner under the act of June 7 th 1832 & was suspended in March or September 1834. The Wheeling Agency was not in existence in 1834, I believe, and of course his name must have been on the Richmond Rolls.
I would thank you to inform me, after examining the Richmond, of the precise date of Froy's suspension .
I would also thank you to

inform me of the date of George Wade's suspension He was also paid at Richmond and I presume was suspended March 4 th 1834
Gray died Jan'y 15. 1841 Wade " Oct. 30. 1842, and the Commissioners of Pensions have ordered their names to be restored to the Pension Roll at Whiting Virginia, and their heirs will receive the arrears of Pension due them at the time of their decease. (Very Resp'y)
J. B. Dougherty
Third Auditor M c . Washington City D.C.

You will also notify Brady Asst. Pension Agent, Washington Va. of the same facts.
L. B. B.

Petersburg, Monongahela Co. Va. May 2 d . 1859.
Wm. C. Lindsey, Esq. Sir:
In the month of November last, in accordance with a letter I had received from the Commr. Pensions, I made out and transmitted to the Pension Office, several affidavits, showing that James Gray, who at one time had been a Revolutionary Pensioner, had the reputation, amongst those who knew him in his lifetime, of having served in the Revolution.
Gray's Pension had been suspended several years prior to his death, and I was taking steps to secure the payment of the arrears to his heirs. I can get no reply from the Pension Office, and hence would thank you, when convenient, to call the attention of Mr Whiting to the subject.
Very Truly, &c.
J. W. Bonner
B. Gray was a resident of Monongahela Co. Va.

Treasury Department Third Auditor's Office July 7 th 1859.
Sir,
I enclose to you a letter of J. V. Boughner, of Virginia, asking to what period James Troy, & George Wade, formerly pensioners of the Richmonds, Va. Agency, were paid prior to the suspension of their pensions.
To enable you to give the necessary instructions to the agent at Wheeling, in regard to these claims I have to inform you that it appears from the books of this office, that the pension of James Troy, was paid up to the 4 th March 1834 at $45. per annum & that the pension of George Wade was paid up to 4 March 1834 at $40. per annum.
Very respectfully
Your obed Servt
A. Gassaway Auditor
Geo. C. Whiting Esq. Comm: of Pensions }

House of Rep. Dec 20. 1839. Hon Geo C. Whiting Chairman of Pensions.
Sir:
Altho' the information contained in the enclosed letter, is not very specific. I will thank you, to have an examination made upon the subject.
In reply please mention the name and post office of my correspondent, or return the letter herewith transmitted
Very Respectfully Yours
Théodore Clémens.

Mount Morris, Greene Co., Pa.; August 19, 1858
Sir: Having in the month of April last restored the names of Peter Haught and Zachariah Fales to the Revolutionary Pension list, I now presume, if the statements of the heirs of James Froy , are correct and reliable, that Froy, who had been pensioned under the act of June 7, 1832, had a valid claim to his pension — If there is nothing on file against his claim but the adverse opinion of W.G. Singleton, such opinion would not weigh a feather before any Court where Singleton is unknown in Virginia.
The heirs of Froy inform me that Peter Haught was one of the witnesses by whom Froy proved his service, from which I infer they served together.
Haught and Froy resided only a few miles apart, in Monongalia County, Virginia — and had emigrated

There, as can be shown, about the time the Revolution commenced in Genl. P. Ray of Morgantown, at the time Clerk of the Courts of the County of Monongalia, Va., was the Agent of Haught, Pels, and Froy. The latter died in 1841 and was at that time over ninety years of age - His pension was payable at the Richmond, Va. Agency.
The oldest citizens of Monongalia County - men near ninety years of age, now say to me, that they never heard any one doubt, as they do not, Froy's revolution - any service. Such was the reputation of Haught and Pels whose claims upon have justly recognized.
With you, therefore, please, re- - examine the claim of James Froy - compare the evidence of meritorious service, with those of Haught and Pels, and the claims of Froy, through me, find the result.

Fry, as before stated, died, it is said, in Jan'y 1841. His pension had been suspended in March 1834 - the same time that Hays's & Pike's were -
Very Respectfully, Your Ob't Serv't
J. T. Boughner
Hon. Geo. A. Whiting, Commr. Pensions (Washington City.)

Apr. 12
Rev. J. S. Edwards
J. S. Edwards Esq. Comr. of Pensions War Department Washington city
See
4

Morgantown 26 th March 1883 —
J. D. Edwards Esq. Comm: of Pensions
I enclose you the application of James Troy for a pension - he has been unable since you sent me his declaration to obtain Morris & Wade's testimony - but by reference to the declarations of Morris & Wade, you will find that they were soldiers at the same time
I am respt ly Yours
Thos. P. Ray

In the matter of the application of heirs of James Frye etc. a Revolutionay soldier for an award of pension

Wm. Morris, Greene Co. Pa.:
Nov. 8, 1858.
Sir:
In conformity with the terms of your letter of Sept. 27, 1858, you will find herewith, sundry affidavits of residents & citizens of Monongalia County, Virginia, showing that the late James Gray, who was at one time a Revolutionary pensioner, had, in his lifetime, the reputation of having served in the Indian Wars, during the Revolution.
Amongst all who now survive, who knew Gray, in his life time, the belief prevails of his meritorious services, as claimed. If required, the number of witnesses who would sincerely attest this belief can be procured, to the extent of Gray's acquaintance.
The Character of most of the affidavits is well known in Monongalia County, and can be, I have no doubt, if required, attested by the Judge of the Circuit Court, of Monongalia district. There are, indeed, few men of more enviable reputation, than the brothers Joseph and Abraham Tennant, and Richard D. Tennant. Keck and Shriver, Wilson and Brooks - one, are equally reputable but not so widely known. The latter were, however, the immediate neighbors of Gray in his lifetime.
I am informed that W. G. Singleton, who in 1834, was United States district attorney, for the Western district of Virginia

Personally called upon Zachariah Giles, Peter Haught, and James Gray, and after his interview with them made out and transmitted to your office, an opinion adverse to the claims of these men. Joseph Tennant, who was present during the interview with Haught, says, that his course of interroga- tion was very rude very ungentlemanly, and that he sought to intimidate Haught by threatening a prosecution for perjury. If additional evidence was required of these parties it was that of direct evidence , which could not have been procured, and Singleton knew it.
Thomas P. Ray, Esq. at the time of the applications, Clerk of the various Courts in Monongalia County, died about the time the proceedings of these parties were suspended, and besides Ray, these old men did not know to whom to look for assistance and advice .
Ray had been their unswerving friend, and such was his character as a public spirited citizen and for moral worth, that the whole County mourned his decease. Such a man as Ray could never have connived at a fraud and the original applications of these men were fraudulent, if Singleton's showing was true. In Monongalia County where Singleton and Ray were both well known, the opinion of such

a man as Thos. P. Ray would weigh against that of a thousand such men of Singleton.
You ask if proceedings were instituted against Gray?
I infer from Joseph Tennant's evidence as well as the other witnesses in relation to Gray's property that no suit was instituted against him. Tennant informs me that he was a witness to show the reputation of Haught and Piles, when the suit was pending against them in the United States District Court at Piqua; that he is equally well satis- fied of Gray's meritorious services, and if suit had been instituted against him would have so testified.
In conclusion, to quote the language of your letter of the 27. of Sept., "in the cases of Jack, Piles and Peter Haught, upon full examination, the Munroe State voluntarily abandoned the prosecution to recover the money paid them" and thus repudiated the exparte opinion of Singleton adverse to their claims. Now, when thus banded, by such a tribunal as the U. States District Court, as august, what should such an opinion weigh, as against James Gray?
Very Respectfully, Your Obedient
Wm. Geo. C. Whiting, Common Pleas, Washington City D.C.
Jas. T. Boughner