Revolutionary War Pension and Bounty Land Warrant Application File S. 45873, for James Jones, Virginia

SERVICE
NUMBER _____
Va.
Jones, James
S. 45873
CONTENTS
8 Apr. 20, 1958 in Tanguier Cr. Va. near mi 1832 Gulfport Cr. Va.

Virginia 16. 204 James Lones
of Fauquier in the State of Virginia who was a private in the company commanded by Captain Scott of the Regt. commanded by Col. Marshall in the Virginia line for 8 months
Inscribed on the Roll of Virginia at the rate of 26 Dollars 66 Cents per annum to commence on the 4th day of March, 1831.
Certificate of Pension issued the 17 th day of July '33 and sent A. T. War- shall Warrenton Va.
Arrears to the 4th of March '33 - 53.32 Semi-ant. allowance ending 4 Sept a - 13.33
$66.65
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by Wm Miller Clerk, Book 8 Vol. 6 Page 13
Paid at the Treasury the Act of the 6 th from 4 th Sept a March Sept 1838 age notice 1839
Paid as above from the 4 th Sept 1839. Age 12 th Nov. 1839.
Paid as above from 4 th Sept 1841. Age notice 1843.
pay under April 1838 1838 to 4 died 4 June
and 4 July 1838 Notice
March to 4 th March

James Jones
January 6 th U a "
Admt. as a general 8 mo. $24.66

WAR DEPARTMENT,
Pension Office,
May 8 th 1833
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 subjjoined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will shew what is necessary to be done. These points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus: { ). You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your claim.
A Statement, shewing the Service of James Jones.
   Period when the service was rendered. Duration of the claimant's service. Rank of the claimant. Names and Rank of the Company officers under whom he served. Names and Rank of the General and Field officers. Battles in which the applicant was engaged. Country through which he marched. Place of abode when he entered the service, and age at the present period. Evidence by which the declaration is supported.   Years. Months. Days.     Winter of 1776. 1777-1778 abt 3 Private Sgt Major Guard up Pritchett at Maryland 74 Years Fauquier Voluntary   do do 1777-1778 abt 1 " Capt Scott Capt Marshall Maryland 60 Va   Summer 1781 abt 1 12 " Sgt Nicklas Capt Edwards Waverly to Richmond   Sept 1781 to Nov 1781 of service not stated Capt Nelson Fredericksburg to Williamsburg then in the Siege of York  
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 day 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 he 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 [e] 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.

State of Virginia County of Fauquier 3 rd
On this 26 th day of September 1832 personally appeared in open Court before the justices of the County Court of Fauquier now sitting James H. Lewis a recruit of Culpepper County and State of Virginia aforesaid 74 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. I was first called upon to guard some prisoners of War in the town of Warrenton county of Fauquier and state of Virginia; in the winter of seventy six seven or eight I do not recollect which of those winters, I served about three months, under a Sergeant Morgan who had a command of the garrison, I was  mustered  out again in the month of September 1778 or 1779 I do not recollect which, under the command of Captain James Scott, Major Pickett and Col. Marshall, I was marched in the state of Pennsylvania beyond the town of Machotisto at which place I was taken sick, and was discharged I served about a month arms; from Warrenton Fauquier County and state of Virginia to the city of Richmond I served about six weeks that tour under Sergeant James Hedley who was appointed to take charge of the arms. it was some time in the summer of 1781 I was next called upon in September 1781 I marched through Fredericksburg to Williamsburg and from thence to the siege of Yorktown after the surrender of that place I returned with the prisoners and went with them to the barracks in Frederick County Virginia I was discharged in the last of November; of that year I served under Captain Helen Elias Edmonds, commanding the regiment I then, and in what year are you born Ans. in the County of Fauquier State of Virginia in the year 1758 the 20 th April —
How you my record of your age Ans I have a record of it — I was always a volunteer How were you called into service Ans I volunteered in any case state the names of some of the regular officers who were with the troops when you served —

As I never served under a regular officer except at the siege of Yorktown in 1781 I joined the regular army under General Washington at Williamsburg and marched to Yorktown. I hereby relinquish my claim whatever to a pension or annuity except the present, and declare my name is not on the pension role of the agency of my state subscribed
James Jones
and sworn to the day and year aforesaid The James Burdett & John Young Wm. H. Jennings, etc. etc. in the county of Fauquier and state of Virginia do hereby certify that he is an well acquainted with James Jones who has subscribed and sworn to the above declaration that he has known him to be of the age of 74 years and that no man alive is higher than he does as a man of truth subscribed and sworn to the year and day aforesaid Wm. H. Jennings, etc. etc. James Burdett John Young
And the said Court do hereby declare their opinion after the investigation of the matter and after putting the interrog- atories prescribed by the war department, that the above applicant was a revolution war soldier, and received a state and the Court further certifies that James Burdett and John Young who have signed the above certificate are residents of this county and are entitled to credit and the court further certifies that there is no clergyman resident in the immediate neighborhood of the above applicant.
I, William H. Jennings, Clerk pro tempore of Fauquier County, do hereby certify that the forego- ing contains the original proceedings of the said Court, in the matter of the application of James Jones for a pension.
In testimony whereof I have hereunto set my name and seal of office this 27th day of Septem- ber 1832, and in the 57th year of the Commonwealth.
Wm. H. Jennings

11575
Richards Payne Warrenton Franklin County Virginia

Personally appeared before me a justice of the peace in and for the County of Fauquier James Strew, who being duly sworn deposes and says that by reason of old age, and consequent loss of memory, he cannot swear, in truth as to the precise length of his service, but, according to the best of his recollection, he served not less than eight months and a half to wit in the Winter of 1776-1777 or 1778 (as not recollect which of these Winter) three months, under a Sergeant Morrison, who had command of a garrison in the town of Warrenton Fauquier County Va. He had some of Burgoyne prisoners under care at the same time - I volun- teered again the next fall under Captain Scott Major Pettet Col Morshall, I marched beyond the town of Machodist in the state of Pennsylvania, at which place I was taken sick and discharged In the Summer of 1781 I volunteered to guard some arms from Warrenton Fauquier County Va to Rock mount City under Sergeant Hedley I was about six weeks in that service; In September of that year I volunteered under Captain Helms, Col Elias Edmond commanded the regiment, I was at the siege of York Town marched from thence with the prisoners to the barracks above Winchester Frederick County Va; and guarded them until the last of Nov of that year at which time I was discharged making a term of true months, the whole length of my service being 8 months and a half I am known to some Louisa George Kemper Charles Kemper and many others all of whom can testify as to my character as a man of truth, and their belief of my services a soldier in the revolution have given under my hand this 8th day June 1833  Wm. Horner
Fauquier County } ss. Virginia }
I, Alexander John Marshall Clerk of the County Court of Fauquier County, certify, that William

Horner, is a magistrate as above - and that the foregoing Signature purporting to be his is genuine - In testimony whereof
I have hereunto affixed my seal of Office and subscribed my name this 19th day of June in the year 1833
A. J. Marshall
11575
Richards Pugh Warrenton
Fauquier County Virginia

45873 Rev INVALID.
File No. 45873
James Jones Capt Scotts Co Va Mil
Act. Revs Nat
Index:—Vol. _____, Page _____
[Arrangement of 1870.]

Culpepper County Sept 15th 1839.
We, the undersigned, being requested by Mr Lamus Jones to state what we believe and know to be his general character, do certify,
That we have been personally acquainted with him many years during which time he has supported the character of a moral, honest, industrious man.
Mr Jones has been a citizen of the neighborhood wherein he now resides during the last thirty six years — During that time he has been esteemed by his neighbors and acquaintance for his morality, friendship, honesty and punctuality in the discharge of all social duties devolving on him; Given under our hands the day and date above written.
Joseph Nelson Jr

Warrenton in Fauquier County V a
Sep r 16 th 1882
I have examined the character given Mr James Jones by Mr Joseph Nelson and believe it to be correct, as Mr Jones resided near this place some years before he settled in Culpeper, he then supported a fair character. I have since known him and have been in his neighbourhood and have never heard any thing to his disadvantage.
Wm Horner
John G. Tongue
Samuel Fisher
George Kemper
Joseph Whetton
Charles Kemper Sen r

TREASURY DEPARTMENT,
Second Comptroller's Office,
Nov. 8 th , 1839.
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," James Jones, _____ a Pensioner on the Roll of the Richmond, Va. Agency, at the rate of Twenty six Dollars and Sixty six Cents per annum, under the law of the 7 th June 1832, has been paid at this Department, from the 4 th of Sept. 1837, to the 4 th March 1838.
Respectfully, yours,
Wilson B. Passmore Comptroller.
To the Commissioner of Pensions,
Present.

TREASURY DEPARTMENT,
SECOND COMPTROLLER'S OFFICE,
February 2 d , 1843.
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," and the 3d section of the Act of August 23, 1842, extending the time within which pensioners may receive their pensions from the pension agents, James Jones , a Pensioner on the Roll of the Richmond, Va. Agency, at the rate of Twenty Six Dollars and 66 Cents per annum, under the law of the 7 th June — 1832 — has been paid at this Department, from the 4 th of March — to the 4 th Sept. 1841.  Respectfully, yours,
Comptroller.
To the COMMISSIONER OF PENSIONS, Present.

TREASURY DEPARTMENT.
Second Comptroller's Office.
May 16 th , 1839.
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," James Jones , a Pensioner on the Roll of the Richmond, Va. , Agency, at the rate of Twenty six Dollars and sixty six Cents per annum, under the law of the 7 th June, 1832, has been paid at this Department, from the 4 th of March, 1838, to the 4 th Sept., 1838.
Respectfully, yours,
J. Lawrence acting Comptroller.
To the Commissioner of Pension, Present.