Revolutionary War Pension and Bounty Land Warrant Application File S. 13472, for Francis Hunter, Virginia

SERVICE
NUMBER
Va. _____
Hunter, Francis _____
S. 13472 _____
CONTENTS
carded

16.706
Virginia
Francis Hunter of Bedford Co in the State of Virginia who was a private in the Company commanded by Captain Anderson of the Regt. commanded by Col Smith - in the Va. Line for some 12 ds.
Paid at the Treasury under the Act of the 6 April 1838 from 4 Sep 1839 to 4 March 1840. Age Notified 31 Dec 1840
Entered on the Roll of Virginia at the rate of 21 Dollars 32 Cents per annum, commence on the 4th day of March, 1831.
Certificate of Pension issued the 14 day of Sept. 1839 and Sept Robt. C. Mitchell Clk. ct
Arrears to the 4th of Sept. 1833. $ 53.34 Pension allowance ending Sept 4th 10.66
$63.96
{ Revolutionary Claim, } { Not June 7, 1832. }
Recorded by W. L. Williams Clerk, Book 6 Vol. 6. Page 14

Francis Hunter
Declaration for pension
25/4/15
Bedford County Va.

State of Virginia County of Bedford ss
On this 29 th day of May in the year 1833 personally appeared in open court the same being a court of record before the Justices of the County Court of Bedford now sitting Francis Hunter a resident of the County of Botetourt and State of Virginia aged Seventy one 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 under the following named officers and served as herein stated. That in the year 1777 whilst a resident of the County of Louisa and State of Virginia he thinks sometime in the month of August in that year he was drafted into service in the Militia of the State of Virginia and served three months. He was marched from Louisa Courthouse, through Fauquier and New Kent counties to Williamsburg in the State of Virginia, under the command of Capt. David Anderson. At Williamsburg they joined a regiment commanded he thinks by a Col. Smith but of this he is not certain, the names of the other field officers he does not remember being at the time but little more than 16 years of age. He was stationed at Williamsburg during the whole term of service and was there discharged he believes in the month of November 1777. He thinks that neither himself nor any of his company received a discharge in writing, but if they did his has been lost. In the month of August in the year 1779 still residing in the said County of Louisa he was again drafted into service in the Militia of the State of Virginia and served a term of six weeks under the command of Captain Richard Pollard. His Lieutenants name was also Pollard. He was marched from Louisa to Charlottesville in the County of Albemarle in the State of Virginia where he was stationed guarding British prisoners taken at the defeat of Genl. Burgoyne. The officer who commanded the army who guarded the prisoners he thinks was a Colonel Skelton or Skelington he does not remember which. He was discharged in the latter part of September

in the year 1779. His discharge of 1800 he received one has been lost - In the latter part of May the year 1781 he was again drafted into service in the militia of the said State of Virginia from the County of Bedford and State of Virginia to which County he had removed, and served a term of two months guarding Military Stores at New London, then in said County of Bedford (now Campbell County). The officer who com- manded him during this term was Captain Preston Gilbert from whom he received a discharge which is filed herewith dated the 18 th day of August 1781. He can prove his services by Mary Wright whose affidavit is herewith filed. He knows of no other person now living by whom his services can be established. In answer to interrogatories propounded by the Court he states.
1 st That he was born in the County of Louisa in the State of Virginia the 28 th day of May 1761. 2 nd That the original register of his age was once in his possession but it has been destroyed - before its destruction he had transcribed it upon a register now in his possession. 3 rd At the time he was called into service the two first terms as before stated he lived in the County of Louisa in the State of Virginia - at the time of third term he lived in the County of Bedford in which County he continued to reside until the year 1821 when he removed to the County of Botetourt in said State of Virginia where he now resides. 4 th As stated he was drafted into service. 5 th He served with no regular troops he believes except at Charlottesville and he has no recollections of the continental or militia Regiments with whom he was stationed except as before stated.
6 th He is well known to the Rev. Nicholas S. Cobb and Ministers G. Hubbard, who will testify as to his character for veracity & their belief of his services as a soldier of the Revolution. 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. As a reason for his not making his declaration in the County of Botetourt where he resides the said Francis Smith states - That he lived in the County

of Bedford for fifty Years and only removed to the County of Botetourt in which he now resides in the Year 1821. There is no clergymen living near him in the County of Botetourt nor is any other person by whom it could be established that it was generally reported and believed that he was a soldier of the Revolution. That fact he can establish by a clergymen and others residing in Bedford County - He is a stranger to the members of Botetourt Court - But well known to the court of Bedford County. The only witness by whose testimony his services can be proved also resides in the County of Bedford.
Sworn to and subscribed in open Court by Francis Hunter. — 3 Francis Hunter
We Nicholas H. Cobb a druggist residing in the County of Bedford and Salazar G. Hubbard residing in the same County hereby certify that we are well acquainted with Francis Hunter who has subscribed and sworn to the foregoing declaration that we believe him to be seventy one years of age, that he is respected and believed in the neighbourhood where he lately resided in Bedford County to have been a soldier of the Revolution and that we concur in that opinion.
Sworn to and subscribed on the _____ day and year aforesaid. — 3 Nicholas H. Cobb. Salazar G. Hubbard.
The discharge referred to in the foregoing Declaration are in the words and figures following to wit.
"I do hereby certify that Francis Hunter a Soldier in the Militia of Bedford has faithfully served a term of two months duty on the guard of the Military Stores. Given under my hand this 15 th of August 1781." Preston Gilchrist A.G.
The affidavit of Mary Wright taken before me a justice of the peace for Bedford County and State of Virginia. The said Mary Wright being first duly sworn states. That sometime during the Revolutionary war the precise time she does not remember Francis Hunter who then lived in the County of Augusta was called into service in the Militia of the State of Virginia as she understood to serve a three months term. He marched she understood to Williamsburg was absent she thinks at least three months. The said Mary Wright further

states that the said Francis Hunter during the Revolution served two other terms of duty in the army - one of about six weeks at the barracks in the County of Albemarle - and another term of duty at New London in the then county of Bedford (to which county he had removed) guarding the magazine - she thinks he was then absent about two months, this last term was in the year 1781 - she further states that she was a member of the same family with the said Hunter at the time he was called on to perform the terms herein before mentioned. Mary Wright State of Virginia Bedford County to wit
The above named Mary Wright personally appeared before me a Justice of the peace for said county and made oath to the truth of the foregoing statement - I do further certify that the said Mary Wright is a credible witness and that I believe her to be old enough to have a correct knowledge of the facts related - Given under my hand this 27 th day of May 1833. Baldus M c Daniel S.P.
And the Court do hereby declare their opinion, after an investigation of the matter, and after putting the interrogations prescribed by the War department, that the above named applicant was a revolutionary soldier and served as he states. And the Court doth further certify that it appears to them that Nicholas St. Cobb who has signed the annexed certificate is a clergyman resident in said County, and that Taliaferro G. Hubbard who has also signed the same is a resident in said County is a credible person, and that their statement is entitled to credit.
I Robert O. Mitchell Clerk of the County Court of Bedford in the state aforesaid, do hereby certify that the foregoing contains a true copy of the original proceedings of the said Court in the matter of the application of Francis Hunter for a pension. And I do further certify that Baldus M c Daniel Esq. before whom the annexed affidavit of Mary Wright was made and whose name is thereto subscribed, is an acting Justice of the peace in the said County duly commissioned and qualified as the law directs.
In testimony of all which, I have hereunto set my hands and affixed the seal of said Court this 11 th day of June one thousand eight hundred & thirty three.
R. O. Mitchell

No 25415
Francis Hunter Bedford County Virginia
Aon 6 Months and 12 days.
42.64 10.66 53.30
Robt. C. Mitchell Bldg Bedford County Virga

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 Francis Hunter Bedford 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 Aug 4 1777 - 3 - private Col Anderson, Col Smith 71 years Louisa County Virginia Traditionary & one witness. papers properly attached.   Draft Aug 2 1779 - 1 12 " Col Pottard, Col Shelton   Draft May 1781 - 2 - " Col Gilbert  
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, (1) 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 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 12 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.

Reckon
13472
✓ INVALID. ✓
File No. 13472
Francis Hunter
Pris. Rev. war
Act: June 7th 1832.
Index:—Vol. 1 , Page 185
[Arrangement of 1870.]

TREASURY DEPARTMENT,
Second Comptroller's Office,
December 21 st 1840.
Sir:
Under the act of the 6th of April, 1838, entitled "An act directing the transfer of money remaining unclaimed by certain Pensioners, and authorizing the payment of the same at the Treasury of the United States," Francis Hunter, — a Pensioner on the Roll of the Richmond, Va. Agency, at the rate of Twenty one Dollars and 32 Cents per annum, under the law of the 7 th June 1832, has been paid at this Department, from the 4 th of Sept. 1839. to the 4 th March 1840.
Respectfully yours,
Almon B. Parris Comptroller.
To the Commissioner of Pensions, Present.