Revolutionary War Pension and Bounty Land Warrant Application File S. 7741, for Samuel Tomlin, Virginia

SERVICE
NUMBER
Va.
Tomlin, Samuel
S 7741
buried
CONTENTS

Sent Fra. Cir. August 19. 1835
See let to Charles Huntan Aug 19. 1835.
let. to Saml Chilton, Aug 31. '35 " " Chal. Huntan, Sept 12 " "
To Virginia for 4 M. '35 - Sept 22. 1835 -
Howard Co. Mo
* Missouri 25.28%
Samuel Gamlin
of Howard Co. in the State of Mo who was a Private in the Company commanded by Captain Wheeler of the 1st Regt commanded by Col _____ in the Virginia _____ line for _____
5 Mo P 20.00
Inscribed on the Roll of Mo at the rate of 20 Dollars _____ Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 28 th day of Apr , and 1834  D. P. Brumum , Paymaster
Arrears to the 4th of March  50.00 Semi-ant. allowance ending 4 Sept  10.00
$70.00
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by O. P. Sprague Clerk, Book C Vol. 5 Page 88

State of Missouri } Howard County } sec.
Howard Circuit Court
March Term
On this thirty first day of March 1834, personally appeared before court, before the Judge of the Circuit Court of Howard County, now sitting, Samuel Tomlin, a resident of the township in the county of Howard State of Missouri, aged seventy nine 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 -
This applicant was born in Fauquier County Virginia, on the 22 nd of September 1754 & was residing in said County, at the time he entered the service of the United States. He has however no record of his age with him. Since the revolutionary war, he has lived in the state of Virginia until the year 1829, at which time he moved to this state, where he now resides. When living in the county of his nativity, in the spring of the year 1781, or the fall of the year preceding, he does not distinctly recollect which, he entered the army as a private in the Virginia Continental Line. He joined the company of Capt. Weaver, as a substitute for one Samuel Steele - the other officers

which this applicant at present recollects, are Major Aaron Buckner, Col. Churchill, & Col. Armistead the adjutant - The place of rendezvous for the corps was Williamsburgh, to which place this applicant marched & remained there about two months, & from thence proceeded to Richmond, making in all a term of three months, during which he was service - in Whilst at Williamsburgh, no engagements took place, within the knowledge of this applicant, but the enemy were continually passing up & down the river & occasionally landed & after doing some mischief, would retreat. At Richmond, he was discharged. On his return home, this applicant was met at Fredericksburgh by Capt. Charles Shelton's company & was immediately drafted in said company & returned with said company to Richmond where he remained until the capture of Cornwallis. He served in this last mentioned company three months during all which time no engagements took place of which this applicant was a witness or participator. The Superior Officers connected with the last mentioned corps were Major Chunn, & Col. Elias Edmunds, - Major General Wright commanded the Division.
This applicant further testifies that he never

received any written discharge & that he has no documentary evidence of his services & that he knows of no one in this state whose testimony he can procure to testify his services.
He hereby relinquishes every claim whatever to a pension or annuity except the present & declares that his name is not on the pension Roll of the agency of any state.
Sworn to & subscribed the day & year aforesaid - Gray Rynum Clerk by Paris C Reeves dc. Samuel his Tomlin Mark
We Dennis McCarty John Robinson , residing in Moniteau township Howard County Missouri, hereby certify & we are well acquainted with Samuel Tomlin, who has subscribed & sworn to the above declaration, that we believe him to be seventy nine years of age, that he was reputed & believed, in the neighbourhood in which he resided in Virginia, to have been a soldier of the Revolution, & that we concur in that opinion -
Sworn & subscribed to the day & year aforesaid. Gray Rynum Clerk by Paris C Reeves dc. Dennis McCarty John Robinson
do hereby certify And the said Court do hereby declare their opinion after the investigation of the matter & after putting  the interrogatories prescribed by the War Department , that the above named Applicant was a Revolutionary soldier, & served as he states - And the Court further certifies, that it

appears to them that Dennis McCarty & John Robinson who have signed the preceding certificate, are residents of the neighbourhood of Samuel Tomlin, & are credible persons & that their statement is entitled to belief. It further appears to the Court & the Court certifies that no clergyman lives in the immediate neighbourhood of Samuel Tomlin.
30. 621— I Gray Bynum Clerk of the Consistory Court of Howard County, do hereby certify, that the foregoing contains the original proceedings of the said Court, in the matter of the application of Samuel Tomlin for a pension.
In testimony whereof I have hereunto set my hand & seal of office, this the 31 st day of March 1884—
Gray Bynum Clk By Davis. C Reeves d.c.

Samuel Tomlin
Mr Jones to
Virginia
Washington D.C.
Upper Potomac
near the Falls
1760
W. H. Harrison

Buckland 30 August
Aug 31/54 No. 4 Mr. [unclear]
Free
J. L. Edwards, Esq. Commissioner of Pensions Washington D.C. — [unclear]
to M c Lean
General [unclear]

State of Virginia
County of Fauquier Det.
On this 29 th day of August 1835 before me, the subscriber, a Justice of the peace for the said county of Fauquier personally appeared Samuel Tomlin who, on his Oath, declares that he is the same person who formerly belonged to the companies of Virginia Militia commanded by Captains Tolman Mavor and Charles Chillton and served under Maj. Buckner and Col. Chas. Hill in the Revolutionary War; that his name was placed on the Pension roll of the state of Missouri, from whence he has lately removed; that he now resides in the county of Fauquier in the state of Virginia where he intends to remain, and wishes his pension to be there payable in future. The following are his reasons for removing from Missouri to Virginia. He had two Brothers older than himself living in the aforesaid county of Fauquier, one Daughter married and also living in the county of Fauquier - and also another Daughter married and living in the county of Fairfax, and further he had no family and wished to end his days among his relations and in the county and state of his nativity -
Witness Thomas E. Klipstine
his Samuel Tomlin mark
Sworn and subscribed to before me, the day and year aforesaid
Chas. Hinton

State of Virginia
County of Fauquier ss.
William Huntston aged Sixty five years personally appeared before the subscriber a Justice of the peace in the aforesaid County of Fauquier, and made Oath that he has known Samuel Tomlin who makes the foregoing declaration, for many years — He removed to Misourea from this county about seven years ago — He is the same Samuel Tomlin who is reputed to have served in the militia during the Revo- lutionary war, and who obtained a Pension whilst he resided in the state of Misourea — W m Huntston
The foregoing affidavit was subscribed, to and sworn to, before me this 29 th day of August 1835 I further certify that the above named William Huntston is a Gentleman of respectability, and full credit is due to his testimony —
W m Huntston

Virginia, Fauquier County to wit:
I Alexander J. Marshall Clerk of the County Court of the County and State aforesaid do hereby certify that Charles Huntun whose name is subscribed to the preceding certificates is and was at the date thereof, a Justice of the Peace in and for the County aforesaid duly Commissioned and qualified to act as such, and that full faith and credit are due to all his official acts as such as well in Courts of Justice as thereout.
In testimony whereof, I have hereunto subscribed my name and affixed the Seal of the said Court this 29th day of August in the year of our Lord 1835.
A. J. Marshall Clk.
Buckland August 29. 1835.
Sir
Annexed are the papers in Saml Tomlin's Pension case, according with the printed form you enclosed to me. I enclose you the original warrant for a Pension supposing a new endorsement on it would be necessary.
For some years past I have been drawing (without any compensation) the Pensions for several old soldiers, and I see by a notice in the newspapers that stipends authorised by the Law of 1832 are hereafter to be paid at Bank of Virginia instead of the Branch Bank of U.S. at Richmond. One of the cases alluded to, was granted some years prior to 1832 say that of Charles Owens - shall I have the powers of attorney in all cases filled up for payment at the Bank of Virginia? - Very Resp't. Yrs. O.S.
Chas Huntun
To J. L. Edwards, Esq.

Off Bank No.
St Louis Sept 8 th 1835
J. L. Edwards Esq Commr. of Pension Sir
In reply to your letter of the 19 th ult. I have to state that Samuel Tomlin a Rev Pensioner under act of 7 June 1832 was last paid to the 4 th March 1835.
I am very respectfully
Your obedt Servt
J. O'Fallon Post Pension agent

Manentown Pa. Augt 19 th
40
The Hon. Secretary of War Washington City D.C.

Recd 20 Augt.
Warrenton. Fanny C. On 17 th August 1835-
Dear Sir -
A pension Certificate has been issued from the War. Office. to Samuel Tomlin of the state of Mississippi a private. Said Certificate designates St Louis (Mississippi) as the place of payment of the pension. Tomlin is a very aged man and has lately taken up his residence with his children in this state and County. He has requested me (if practicable) to get the place of payment of his pension changed so as to make it payable in Virginia or the District of Columbia. Will you do me the favour to inform me what steps are necessary to be taken to effect such change. The Certificate in the papers of Tomlin bears date 28 th April 1834. and is endorsed as follows "Recorded in Pension office in Book. E. Vol 8. Page. 88 by J. T. Sprague CLK" -
Your compliance with the above will be a favour to a very needy old man and will greatly oblige
Yours &c
Rev. Lewis Cap. Secy at War.
Sam: Chittom

Mr. V. M.
Aug 20.
20th Aug 1835. Pension Office.
ans d Aug 31-35

John O'Fallon Sept 8. 1835
Samuel Tomlin
Washington
1000: Duane
J. J. Edwards Esq.
John
9/10/35
sent

Buckland 11 Sept
40
Sand. Harbor Sept 12
Mr. ... J. L. Edwards Esq.
J. L. Edwards Esq. Commissioner of Pensions Washington
D.C.
7

Buckland Sep. r 10. 1835
Dear Sir
Eight or ten days ago, I wrote to you, enclosing the Pension Warrant of Samuel Tomlin, his declaration and an affidavit, in order to have the payment of his Pension, made in Virginia instead of Missouri — not hearing from you I fear the Letter has miscarried.
The old man is anxious to draw his small stipend as he is very needy Very Resp t .
Yr O.S.
Ch s Hinton
J. L. Edwards Esq. Commissioner of Pensions,

30. 121.
Samuel Tomlin Missouri
Adm 6 Months
G. Bynum Esq. Hayette Howard County Missouri

WAR DEPARTMENT,
Pension Office,
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 subjóined 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
   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.              
I am, respectfully,
Your obedient servant,
JAMES 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) _____, who has 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 inquiry 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.
□ 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 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.

Buckland 16 August
11
Honb.
Lewis Cass Secretary of War. Washington D.C.
For transfer Samuel Tomlin act 1832 Missouri to Virginia

Recd 17 Augt
Fauquier County
near,
Buckland August 16. 1835
Sir
I am requested by Mr. Samuel Tomlin to write to you in order to have his pension paid in Richmond in place of St. Louis - Mr. Tomlin has been residing for some years past in Missouri and has now come to this county to reside permanently. I believe his pension was granted for services as a Virginia militiaman during the Revolution - any war.
I want to know what is necessary for Mr. Tomlin to do - must the affidavits taken, have the County seal & be attached.
I would not have troubled you but I did not know the head of the Pension Bureau.
Very Resp y
Yr ob.
Chas. Hunt
Honble
Lewis Cass
Sec y of War.

Rev. Hays
7741
INVALID.
File No. 7741
Samuel Tomlin
Weaver New York
Act: June 7th 89
Index:—Vol. 1 B , Page 377
[Arrangement of 1870.]