Revolutionary War Pension and Bounty Land Warrant Application File S. 5,632, for Berryman Jones, Virginia

SERVICE
NUMBER
Va.
Jones, Berryman
S. 5632
carded.
CONTENTS
A. 1757 in Amherst Co. Va. was at and Augusta Co. Va. was in 1832 United States

Virginia
16.395
Benjamin Dene
of Frenbrier in the State of Wa
who was a friend in the
commanded
By Captain
of the Regt
commanded
by Col. Cameron on the Va.
time for 18 months
Inscribed on the Roll of Virginia at the rate of 60. Dollars — — Cents per annum. to commence on the 1 st day of March, 1831.
Certificate of Pension issued the 5. day of Augst 33 and sent to James B.
Bowlin. Lewisburg, Va.
Amends to the 14th of March '33 120
Semi-ant. allowance ending 4 Feb. 1880 30
$150.
{ Revolutionary Claim, Act June 7, 1832.
Recorded by M. Rice Clerk
Book E Vol. 6 Page 13

12,763.
Barryman Jones, of Greenbrier County, Va.
admit as a per vale 18 mo $10=
4. 14. 16.
May 9. 1833
P. 387
Jas. B. Bowling Leesburg, Va. John Matthews, Clk., Greenbrier County, Va.

BRIEF in the case of Bernyman Jones , County of Greubies , in the State of Virginia , (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge? Scout.  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity? No.  3. How old is he? About seventy five years.  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. As a Gen.     In 17   Enlisted, not stated. — 3. — pr. Col. Cameron.   Drafted, not stated. — 3 — pr. Col. James Bell.   Drafted not stated. — 3. — " Major Wilson.   " — 3. — " Col. James Tate & Gen. Morgan.   " — 3. — " Gen. Green, Col. Rucker & Col. Long.  
 5. In what battles was he engaged? Same as above, Col. Rucker.  6. Where did he reside when he entered the service? Richmond, Va.  7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls? Living witness.  8. Are the papers defective as to form or authentication? and if so, in what respect? No. 
I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
H. R. Twine, Examining Clerk.

12.763 Benyman Jones
E. B. Bowlin Leesburg Pa.

A Declaration in order to obtain the benefit of the Act of Congress, passed June 7 th 1832 -
State of Virginia and County of Greenbrier - "To wit" -
On this 27 th day of August 1832. personally appeared in open Court, before the Worshipful
The Court of Greenbrier now sitting, Burymann Jones a resident in the County of Greenbrier and State of Virginia, aged about seventy five 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 7 th 1832. That he entered the service of the United States, under the following named officers and served as herein stated - That he was born in Amherst County Virginia, in the year 1757. he believes as he has now no register of his age from whence, during his minority, his father emigrated to Augusta County Virginia - where he entered the service - with the militia in a draft - under Captain Brown - and Colonel Cameron, and served a three months tour, in the neighbourhood of Richmond whence he was discharged, without any written certificate of such discharge - A short time after the first dis- charge, he was again drafted; and entered service and served out a three months tour of duty - under the com- mand of Capt James Bell - and Maj. Wilson - He was marched to Richmond, and from thence to James Town where he was engaged in a Battle, under the command of

Gen Green and Maj Wilson - and after serving another three months tour of duty, he was dismissed - He returned home, and immediately substituted for his Brother Valentine Jones; and was marched to Carolina in pursuit of Gen Wallace, passing through Charlottesville, Williamsburg, Va and Salisbury Carolina from thence to the Catawba & crossing it - on to Broad river, thence to the Cowpens - where he was engaged, in that Battle, under the com- mand of Capt James Tate, and General Morgan - some of the other field officers there, were Maj. Brooke and Col Howard - The day after the Battle he was detailed to guard the prisoners, and marched them on to Salisbury where he left them after serving a tour of six months duty - and returned home - thence he was called out against the Indians, and marched to Clover Lick, crossing Greenbrier River, on to the West fork of Monongahela River - Under the command of Capt. John Machie; and after serving three months returned home, and was im- mediately drafted on a tour of duty against the enemy who were then marching through Virginia - His march was by Rockfish Gap, Charlottesville, Williamsburg and to York Town - Where he was engaged in the Siege or Battle of York Town - Under Capt Francis Long - as well as he now recollects - The field officers as he now recollects them were Gen. Washington - Gen. La Fayette - Gen. M c Campbell, and Gen. Wayne &c - He was there during the Siege - and was present under arms at the surrender of the British army, and was then one of the detail, to march the prisoners to Winchester, where he accompanied and guarded them making in all a service of one year and nine months - during the war - He does not recollect the Continental regiments to which he was joined, during any of his campaigns - - He hereby relinquishes every claim whatever to a pension, or annuity, except the pres- ent, and declares that his name is not on the pension

roll of the agency of any state -
Sworn to and subscribed, the day & year aforesaid -
Burymen his X Jones mark
Teste John Mathews C.G.C.
I Samuel Lams a resident in the County of Monroe and State of Virginia do hereby certify, that I was well acquainted with Burymen Jones, who has sworn to the above declaration, and served in the same com- pany with him during a six months tour, and was with him at the Battle of the Cowpens - and he served faithfully that tour of duty, - all which is subscribed by me and sworn to in open court - before the County Court of Greenbrier. The day and year above men- tioned -
Sworn to in open court Teste John Mathews C.G.C.
Samuel his Lams mark
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories required by the war department, that the above mentioned applicant, was a revolutionary soldier and served as the states - And the Court further certifies that it appears to them that Samuel Lams and Maj. Samuel Clark, are residents in the County of Monroe and are credible persons, and that they sub- scribed and swore to their respective cer- tificates in open court - and that their statements are entitled to credit -

I John Matthews Clerk of the Court of Greenbrier County do hereby certify that the foregoing contains the original Proceedings in the matter of the Application of Daryman Jones for a Division
In Testimony whereof I have hereunto set my hand and Seal of Office this 8th day of September 1832 John Matthews C.G.
12.763 Daryman Jones
OPB Lynchburg Va.

Rev War
5632
INVALID.
File No. 5632
Berryman Jones
Rev War
Act: June 7 th '92
Index:—Vol. M , Page 195
[Arrangement of 1870.]

State of Virginia } Greenbrier County } ss
On this 29 th day of August 1832 Personally Appeared in open Court before the County Court of Greenbrier Now sitting Samuel Clark A Resident of Monroe County & State of Virginia Aforesaid & After being first sworn on the law directs on his Oath states that in the Month of May 1781 that he the said Samuel Clark Volunteered his Service an a draft in the Room of John McCutchen then drafted from the County of Augusta & that Berryman Joens Who applied for this Affidavit appeared in the Service with him & that they were commanded by Capt Patrick Buchanan & Marched to near Williamsburg Where they joined the Army Commanded by Generals Wayne & La Fayette & had a skirmish With a small Detachment of the British they then Marched to Danvers Town Where they had an Engagement With the British Where the said Samuel Clark was Wounded by the British light horse & then taken to the Hospital Where he Remained until discharged, And that in the Month of September 1781 the said Samuel Clark was Again called into Service by draft & was Marched to the Siege of York Town Where the British Army, Commanded by Cornwallis surrendered & was Made Prisoners & that the Aforesaid Berryman Joens was then in Service, that in April 1782 the said Samuel Clark Volunteered his Service an a Tower of duty Against the Indians on the Waters of the Ohio River on the West Fork of the Monongahela River & was Stationed in Tygart Valley in during which time the said Berryman Joens was continued at said Station & that he the said Clark Performed the duties of a Spy during said tour until discharged & the said Joens returned with him to the County of Augusta & Further sayeth that to the best of his Recollection the above tours of duty was for three Months Each sworn to the day & date above
Sworn to in open Court Teste John Matthews Clerk
Sam d Clark

BRIEF objections to the admission of Pension Claims , of which those answered in the negative, in red ink, will apply to the claim of Bergman Series , which require further proof or explanation.
I. Does the declaration show where the applicant resides?
II. Did the declarant make the declaration in the county where he resides?
III. If the applicant did not make the declaration in the county where he resides, is there any reason assigned for his not doing so?
IV. Has the declarant mentioned the period or periods of the war when he served? No.
V. * Has he mentioned 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?
VI. Has he given the names of the officers under whom he served, in conformity with the regulations?
VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832?
VIII. Has the Court given their opinion?
IX. Has the Clerk given his certificate?
X. Is the Clerk's seal affixed? And if so, has it a device or inscription by which it can be distinguished from any other seal?

XI. Has the applicant obtained the evidence of a clergyman and another respectable citizen as to their belief respecting his age and the general belief in his neighborhood relative to his revolutionary service? No. Two citizens. XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it? No. XIII. If the applicant has no documentary evidence, and has not obtained the testimony of at least one living witness, has he stated in his declaration that such proof cannot be had? XIV. † If the applicant's name is not found on the rolls of military service, has he produced a witness or witnesses as to his service? If he has produced direct proof as to service, has the magistrate who administered the oath, certified to the credibility of the witness or witnesses? NO Has the proper officer certified to the official character and signature of the magistrate as the regulations direct? XV. Does it appear from any of the papers that the witness was in such a situation, or of such an age, as to have a personal knowledge of the applicant's service? XVI. ‡ Are the papers authenticated as the regulations direct? NO XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered?
 EXPLANATORY NOTES.
* QUERE V. 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 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 shewn 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.
QUERE XIV. Proof of Service.
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 claimants 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.
QUERE XVI. 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 paper 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.
In every case where the clerk of the court, or other certifying officer, 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.

Polynesian Area - Polynesian
Green Area - early.
Initials

Longman, Green, & Co. 1872. London & New York.

Battle of Guilford Court House. I don't recollect where this was any other General - we returned for an indefinite time - after the Battle was over we returned home. I was in the service at least six months - in a few days after my return from Guilford Court House I was drafted for the North. Marched from Salem County under Capt. James Hice. There were several companies went at same time. under Capt. William. This was in the Spring near the end. We went through Washington to James Town, where we had a great engagement. - We remained at James Town and about there for the time being. We were there when General Sherman was defeated - I don't know how much this was going on - and was again drafted for the North. Marched from Salem County. I think under Capt. Michael O'Callaghan. Then there is some confusion about our route - I don't know. I think the same. Capt. William commanded. We went on to James Town and left there. General Lee stayed at James Town. We were there in and out several times for the time being. - returned home and had been at home for a few days only when I was drafted again for the North. Marched from Salem County under Capt. Patrick Buchanan. Several companies went from Salem County at the time. I think there was a Major but can not remember his name. We don't recollect where we were. We went on through Washington to Yorktown and was in the engagement which resulted in the capture of General Lee. This army went with the General to the Appomattox Barracks. I don't recollect the name of any place or the name of any place. I remained in service in this army for some time although I was drafted for the North. - in the summer after General Lee was captured. I had two terms of ten months each. in 1864 we fought against the Indians. Went from County under Capt. John McElrick. was at Warrenton, Va. under Col.

than a 1/2 - I also send about 4 weeks of accounts regarding trees - these cover my service. I found information in part of James Allen's notes regarding a tree to which I gave the name Rose in your garden (the Malpighia ) in charge in 1840 - I am writing you about this to be about my names. Aug 19. 1835
Yours W. H. Wood
Very much Yours truly
a copy W. Schuchert Aug. 21. 1835
6 1 12 2 2 2 3 2 2 28  21 - 10

For
FREE
James L Edwards Esq n Washington city
ms
Return from Olympus Mons in hand

Lucesburg Greenbrier county Va April 14 1835
Sir
Yours of the 9 th ultimo asking me to return my pension certificate with some explanations as to some objections made to my former declarations. You say that my declaration is erroneous in setting forth that I substituted and served six months for my brother. I substituted to serve my brother four of duty and was marched to North and South Carolina and was under Genl. Morgan as Commander in chief and after I had served three months I was continued in the service three months longer in all six months. My time of service first three months service was out before the battle of the Cow Pen and about the time there appeared considerable danger and the whole company was detained on account the danger and I understood that the Commander in chief had a right to detain the Militia in service when there was danger. Such was said in the Army and believed by the men I was in the battle of the Cow Pen after that battle I was one that aided in marching the prisoners to Salisbury. I feel satisfied that I served six months during this time. I will refer you to the affidavit of Samuel Jones
You say that there is another error in the time I served in the 4781 as the Militia were not detained in service after the Battle of York Town. I was detached in the county of Augusta and had to march to York Town upwards of two hundred miles. I was there some or in the neighborhood of York some time before the battle of York and was in the Siege during the whole time. I was then detached to aid in guarding the prisoners and marching them to Winchester which is upwards of two hundred miles from York Town. I did not keep any correct account of time but am of opinion I did serve the time full three months.

You say that I set forth in My declaration that I served on tour fight the Indians I do not now recite particularly what is said in my declarations but I distinctly recited that I served two tours one the first one I was called out early in the Spring the other at a short time after I got home The reason why I went so soon was because that deprivation had been committed by the Indians. Samuel Clark I believe from one tour. You will find my certificates returned to you to do as you may think best
Your Obed Servt
Sworn to and subscribed before me Mr Henry Estlin a Justice of the peace for Bristol County
Jerusalem Jones
Henry Estlin

Supplement to the Declaration of Benjamin Jones, to obtain a pension under the act passed June 7 1833 - which is made before me the undersigned Henry Bratton a Justice of the Peace for Greenbrier County State of Virginia - on oath - on this the 2 nd day of July 1833 -
That he cannot now recollect the precise periods, that he entered the service in the several terms of duty which he performed - nor does he recollect the precise time of his dismissals - But he recollects distinctly as stated before - the length of each term of service - and the Battle he was in - during the Revolutionary War - That his whole service amounts to one year and nine months - That as before stated he has rec d . no pension and relinquishes all claim to any but the present -
Ques - Where and in what year were you born? Ans - I was born in Amherst County Virginia in the year 1757 -
Ques - Have you any record of your age, and if so where is it? -
Ans - I have none - But have kept my age by memory -
Ques - Where were you living when called into service - Where have you lived since

The Revolutionary War - and where do you now live?
Ans - I lived when called into service in Augusta County Virginia - Since the war I have lived generally in Greenbrier County Virginia - Where I now live -
Ans - How were you called into service were you drafted - did you volunteer or were you a substitute, and if a substitute for whom? -
Ans - I was first drafted and served a three months tour - Then returned and was again drafted a like term - and the next tour was a substitute for my Brother Volunteered and served a tour of six months duty. Then I was again drafted to go against the Indians a three months tour - and then served a six months tour. I believe a volunteer - I know I volunteered once and believe this last campaign was the time -
State the names of some of the regular officers, who were with the troops where you served - such continental and militia regiments as you recollect - and the general circumstances of your service -
Ans - I served under Col. Howard Maj. Brock and General Morgan - In another tour I was under the command of Maj. Wilson and Genl. Green - I recollect also of being under the command of Genl. Wayne and Genl. Campbell - I do not recollect the names of the regiments - I was always attached to a rifle Co. - and I think we lived separate only when a function with the Army was required.

Did you ever receive a discharge from the Army Service, and if so by whom was it given and what has become of it?
Ans - I do not recollect of receiving written discharges that once - and that was from Genl. Morgan - and I have lost it -
Ques - State the names of persons to whom you are known, in your present neighbourhood - and who can testify as to your character for veracity, and their belief of your services as a soldier of the revolution -
Ans - The Rev. Bro. M c Elhenney and Col. Mark H Goshen - Burymann Jones Sworn and Subscribed before the 2 d day July 1855 Henry Erwine S.P. mark
We John M c Elhenney a clergymen residing near Lewisburg - County of Greenbrier & state of Virginia - and Mark H Goshen residing at the same place, hereby certify that we are well acquainted with Burymann Jones who has subscribed and sworn to the above declaration, that we believe him to be seventy five years of age, that he is reputed and believed, in the neighbourhood where he resided to have been a soldier of the revolution and that we concur in that opinion -
Sworn and Subscribed the day & year aforesaid. Henry Erwine S.P. John M c Elhenney Mark H Goshen

I Henry Erskine a Justice of the peace in and for the county of Greenlee and State of Virginia do certify that I am well acquainted with John W m Elhanan and Mark H. Goshorn who have signed and sworn to the foregoing certificate and that I do know Mr. Elhanan to be of preaching of the Gospel of the Presbyterian denomination and of good standing in his Society and that Mark H. Goshorn is a respectable citizen of Greenlee county and that they both are men that are entitled to credit and that every reliance may be placed in their statements. And I do further certify that I am well acquainted with Sam- uel Clark and Samuel Davis of Monroe County I having some years past been a citizen of that county and do certify that they are credible persons and men that every reliance may be placed in their statements. They having given evidence as to the services of Benjamin Davis in the Revolutionary war in open court in August 1832 Given under my hand this 2 d day July 1833 Henry Erskine J.P.
Virginia Greenlee County I do hereby
I John Matthews Clerk of Greenlee County do hereby certify that Henry Erskine the Person before whom the foregoing Affidavits was made was at that time & still is an Acting Justice of the Peace in & for said County duly commissioned & qualified as such and that the signatures purporting to be his signature to be genuine
In Testimony whereof I have hereunto affixed the Seal of my Office and subscribed my Name this the 9 th day of July 1833 and in the 58 th year of the Commonwealth John Matthews C.C.