Revolutionary War Pension and Bounty Land Warrant Application File R. 5722, for Josiah Jones, North Carolina

SERVICE
NUMBER
N.C. Va.
Jones, Josiah
R. 5722
CONTENTS
A 1752 in Cumberland Co. Va. res. during Rev. in Va. & in Rutherford Co. N.C. res. in 1836 Anderson District, S.C.

Application
of
Isiah Jones
Pension June 7-1832
24201

The State of South Carolina Anderson District
On this four th day of March, 1833 personally appeared in open Court before the Judge of the Court of Sessions and Common Pleas of said State for said District now in session. Joshua Jones of the State & District aforesaid who being duly sworn according to law doth on oath make the following dec- laration in order to obtain the benefit of the act of Congress passed June 7-1832-
This Deponent was born in Cumberland County Virginia about the year 1752 - as well as he can recollect having no record of his age - he entered the service about the year 1775 as an enlisted soldier - and left Smith the recruiting officer - and given up by him to Capt. Cavill's Company - Col. Buckner - Genl. Levis. Served two years under those officers but in no engagement - after that he volunteered with a company all of whom deserted but (three) to go on an expedition to Stone - under Col. Hampton, Genl. McDowell - in an engage- ment upon Backolet near the line of North & South Carolina - with the British & Tories. He served there seven months in that town - he again volunteered under Capt. Ridenhall in the Light Horse - mainly for the purpose of scouting through the Country. Served forty days - he served as an armor - repairing arms, making swords, and shoeing horses for two years under Genl. McDowell - was remunerated for his service as armor -

He volunteered to go against the Cherokee in an expedition Watson - in service twenty six days - This Deponent believes himself to have been in the service more than two years - He says he had a written discharge from the regular service - which was burnt in his house with all other papers - He has never received any compensation for his service - knows of no direct proof of his service which he can offer but what accompanies this document - He proceeded from Virginia first to Burke then to Rutherford North Carolina then to Greeneville S. Carolina - after that to Anderson where he has been living for thirty four years - In witness whereof he has hereunto subscribed this fourth day of March in the year of our Lord one thousand eight hundred and thirty three - 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 any State - Sworn to in open court  Joshua Jones I John Looney do hereby certify that I was acquainted with the applicant Isaiah Jones and that he with myself belonged to and served in the sixth regiment of Virginia regulars in Virginia - in the year 1776 - I lived with him six months and knew him well and have known him since I believe him to be a true whig - Sworn to in open court day & year aforesaid - In open court Vance Lawhon
Samuel Earle declare on oath in open court that he has known the applicant Isaiah Jones forty years. He has had the reputation of having been a soldier of the Revolution. From circumstances he has related to me at the commencement of our acquaint- ance I feel satisfied that he was in an engagement in the neighborhood in which this deponent was, on parole - sworn to any degree of your affiance - In open court Samuel Earle Paul J. Lawhon C.C.

I Josiah Evans Judge of the said court do hereby declare my opinion after investigation the substance of the interrogatories prescribed by the war department, having been answered as far as is said as is in the power of the applicant from his general appearance and preceding certificates, that he was a revolutionary soldier and served as stated John Soomey & Samuel Earle who have signed the preceding certificates both reside in the said district, are each credible and respectable men as represented by those in whom I can repose confidence having no personal knowledge of the parties myself -
Josiah Evans Presiding Judge
4 March 1833
I Van H. Lawhon clerk of the court of Pensions, House of Representatives for the district do hereby certify that the foregoing contains the original proceedings of the said court in the application of William Jones for a Pension -
In testimony whereof I have set my hand & seal of office this fifth day of March - 1833 -
Van H. Lawhon C.C.

24 2 61 Josiah Jones S. 6. Madison District
Per
d. r.
5722

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. 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, shewing the Service of Josiah Jones S.C.
   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.     1775 until 2 private Col. Smith Batt. Va. 30 born in Cumberland Va.   after that until 3 " Genl. Lewis Col. Hampton entered in Va.   again " 2 Light Horse Genl. W. Douglas Col. Withersdale now lives in Anderson Dist. S.C. one living witness proves 6 months - 6 th Regiment Va. Regulars in 1776 Certificate of a Citizen no clergyman non reason why -  
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 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.
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.
[k] This traditional evidence is indispensable in militia cases.
[l] If a witness cannot be found, the declarant must state the fact.
[m] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.
Note on the roll—he must prove his service

5722 am
P. O. _____
Josiah Jones
Service: _____
Enlisted: REJECTED _____, 18
Discharged: _____, 18
Application filed: _____, 18
Alleged The printed list of 1852 gives cause of suspension as:
Re-enlisted "Proof required of his enlistment and service under Captain Carrill."
Attorney: _____
P. O. _____
_____ Recognized. _____ Contract.
_____ Cert. of Dis. Searched for _____, 18

Act. 7. June 1832
(S. Carolina)
Jonah Jones
Suspended
(See letter to
Jon. N. Whitner
{ 11. April 1834 cannot find this letter
5722

Amended Declaration of Josiah Jones -

The State of South Carolina Anderson District
Personally appeared before me Josiah Jones and made oath to the following facts in explanation of his original application for the benefits of the act of Congress June 1832 made in open court 4 th March 1833. This deponent has already stated his age and birth place although the original records of the latter has not been preserved yet when twelve years of age he was informed of his age by his mother and since that time has preserved the account. On his original application he produced no clergyman to certify for him because he believed it unnecessary when direct proof could be had. He cannot now produce any proof of the time of his enlistment or its duration as he has no knowledge of any other person being now alive than John Loney who served with him during that time. His enlistment must have been in June 1775 as he recollects distinctly that it was a short time before the battle at Bunker Hill - at the time he lived in Virginia His three months term was commenced in July 1780 living then in Rutherford County North Carolina. His term under Capt. Kirkpatrick was in January 1778.
By reason of his old age and consequent loss of memory he is not able to state more

definitively than he has done the period of the war in which he served.
Sworn to & subscribed
February 21 st 1834 Before
me Joseph N. Whitmer } Josiah H. Jones Notary Public } marks & D.W. Ex-off
South Carolina Anderson district } I Van A. Lawhon Clerk of the Court of Sessions and Common Pleas for Anderson district certify that Joseph N. Whitmer is, and was, at the above date an acting Notary Public for said district that the foregoing signature purporting to be his is genuine and that full faith is due to his official acts. In testimony whereof I have set my hand and sealed this fifth day of March
Van A. Lawhon C.C.
Note) The Clergyman whose certificate is on the opposite page did not reach the Court at Anderson until its adjournment and was therefore qualified in open Court in an adjoining district.

South Carolina } We Drury Hutchinson, Pickens, District } a Clergyman residing in the District of Anderson
and David Sloan residing in Pickens hereby Certify that we are well acquainted with Brish Jones who has subscribed and sworn to a Declaration of his services in the circuit Court at March Term 1833 that we believe him to be eighty two years of age as he repre- sents himself to be. That he is reputed and believed in the neighborhood where he resides to have been a soldier of the Revolution and we concur in that opinion. Sworn & subscribed March 10 th 1834 in open Court. B J Earle Presiding Judge Drury Hutchinson D Sloan
I B J Earle Presiding Judge of the Court of Sessions & Common Pleas for Pickens District hereby certify that Drury Hutchinson who has signed the preceding Certificate is a Clergyman resident in Anderson District and that David Sloan who has also signed the same is resident in Pickens District and is a credit person and that this statement is entitled to credit.
B J Earle
Presiding Judge
I William L Keith Clerk of the Court of Sessions and Common Pleas do hereby certify that the fore- going contains the proceedings done in the Court at Pickens on the amended application of Brish Jones for a pension
In testimony whereof I have set my hand and seal of office the tenth of March one thousand
Eight hundred thirty four.
William L Keith
Clerk of Court