Revolutionary War Pension and Bounty Land Warrant Application File S. 17,137, for Daniel Taylor, Virginia

SERVICE
NUMBER
Va.
Taylor Daniel
S. 17137
born in N.J.
carded
CONTENTS

See letter to P.A. 24 May 1837
B. 279
Missouri
Daniel Taylor Montgomery in the State of Missouri who was a Officer in the Army commanded by Captain Cook of the Virginia for 1 year
Enrolled on the Roll of Missouri the rate of 40 Dollars 00 Cents per annum, commences on the 4th day of March, 1831.
Certificate of Pension issued the 11 day of June 1833 and sent to Rev. Wm. B. Ashley St. Louis Missouri Bears to the 4th of Mar 1833 $ 80.00 Comm. allowance ending 4 Sept  20.00
$100.00
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by E. W. Clagett Clerk, Book 6 Vol. 8 Page 58

State of Missouri
County of Montgomery
SS
On this day personally appeared
the year of our Lord one thousand eight hundred and thirty three personally appeared in open court before the judge of the Circuit Court of the County of Montgomery aforesaid now sitting - Daniel Taylor a resident of Lewisville Township in the said County and State, aged about eighty four years, who being first duly sworn according to law doth make the following statement in addition to the one which he has heretofore made in order to obtain the benefit of the act of Congress passed 7 th of June 1832 for the relief of soldiers of the revolution - That he was, he thinks, in the year 1776 in a battle which was fought near the mouth of the Great Kanawha between the Colonial forces under the command of General Lewis and the Indians that he was then a married man - that he was born in Jersey about forty miles from the City of New York in the year 1748 on the 18 th of September according to the record of his birth which was in his father's bible out of which he copied it - that his father when this affiant was still quite young removed to Frederick County Virginia near to Winchester, that this affiant remained there until he had
grown a man and there learned his trade of a horse-capper. He removed from there to Greenbrier river to a settlement there and remained there 12 years having married there and it was some few years after his removal to this settlement that the revolutionary war broke out, the settlement on Greenbrier at this time was small and could not produce more than thirty or forty men and was from its distance from the interior and the proximity to the wilderness extremely exposed to danger from the Indians inhabiting to the west and south who were generally hostile to the Americans, in this situation the inhabitants of the settlement were organized into militia under the command of one John Cook and this affiant in conjunction with the rest of the command of Captain Cook erected a fort at a place called the Little Levels within one mile and half of Greenbrier river and gave it the name of Fort Defiance, that this fort was built in the year Seventy six and from the time of its erection this affiant was engaged during nearly the whole of every summer for six years under the command of Capt. Cook in spying, guarding the fort and ranging during which time several of the men were killed by the Indians

but the fort was not attacked, being on an eminence in open ground, the Indians it seemed were unwilling to expose themselves to the dangers of an open attack - a fort within about 14 miles from Fort Defiance was attacked by about 300 Indians but was successfully defended this was Fort Donaldson - during the six years that this affair was engaged in guarding and defending Fort Defiance and the neighboring settlement, he assisted on several occasions to equip young men of the settlement who were desirous to partake in the defence of their country against the British invaders, tho' he never went himself and indeed it was the desire of the government that the fort and settlement on Greenbrier should be maintained as a protection to the interior settlements, and the people of the settlement accordingly received a message said to come from the board of war requesting them to maintain their position and promising them that their services rendered in its defence and protection should be accounted as services rendered the government in the line of the continental army. This affair after remaining at Fort Defiance 6 years or thereabouts returned to the neighborhood of Winchester where he remained some three or four years and then moved back to Greenbrier and after a few years moved to Kentucky where he resided part the time near Bardstown and part in the barrens and after remaining there some twenty years he removed to this county where he has remained since and expects to die - it is impossible for this affair to state the number of months or years that he was engaged in active service in defence of his country, but he thinks that this ought not to preclude him from receiving something from his government with which to smother his path to the grave and in his circumstances any thing would be much better than nothing at all - his extreme age too has affected his memory and but he believes he is very safe in saying that he must have been engaged in actual service under Captain Cook for at least one year, as the greater part of each summer for six years was occupied by him in the woods or the fort as he before said - this affair states that the other officers of the company were George Clendenning Lieut. and John M c Neil Ensign that he, himself a private and for the greater part of the time acting

My - that he was a volunteer in all his service and never got a discharge, but each one went his way, when the war was over - this affiant does not know of any one living by whom he is able to prove the services mentioned above - he is known to several persons who are now in this state and to many in Kentucky, who have known him for many years, but they are out of his reach and he is obliged to resort to his neighbors in this county for the only testimonials of his character and the reputation of his revolutionary services which he is able to produce - amongst these he names Nathaniel Daydie, Amos Kibbe & Jacob L Sharpe - this affiant further states that his name is not on the pension roll of the agency of any state or of the United States and that he has never made any application for a pension here or present and hereby relinquishes all claim to pension or annuity for or on account of revolutionary services save what he seeks by this petition and which may be granted him under the law of the state of Tennessee - this affiant believes that he has stated all that he knows material in this application and further saith not -
Daniel Taylor
Questions put by the court to applicant with his answers thereto - What evidence have you of your age and when were you born? Answer I have already stated all I know on that subject - What officer discharged you and when is your discharge? Answer - I can not say that I was discharged at all nor did I ever receive a written discharge for further answer I refer to what I have before said - Question? State what officers were known to you and were engaged in the same service with you? Answer In addition to those I have already named I knew none at Fort Defiance, there were no general officers there - Question - State in what battles or skirmishes you were engaged? Answer - I was engaged in no battles, the nature of the service was not likely to produce any, unless the fort had been attacked and being for the most part a spy when

but it was my business to gain information of the enemy - and to name the country through which you passed and so forth? Answer - When about from the fort on spying service I touched at no known points - the country was a wilderness unknown but to hunters and savages - Question - where did you live when called into service? and where since the war - and how were you called into service? Answer - I have before answered all I know on the subject -
we Nathaniel Dryden, Jacob L Sharpe, Amos Kibbe & John Davis residents citizens of the county of Montgomery in the state of Mississippi certify that we are well acquainted with Daniel Taylor who has subscribed and sworn to the above declaration - that we believe him to be eighty four years of age - that he bears a good character and is beloved and respected in the neighborhood where he resides to have been a soldier of the revolution and that we concur in that opinion -
Subscribed known to us Open Court 8 th May 1833 J. H. McBride Judge 1 st for Cir. Mo.
N. Dryden Amos Kibbe Jacob L. Sharpe
And the court does hereby declare its 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 Nathaniel Dryden, Jacob L Sharpe, John Davis and Amos Kibbe who signed the foregoing certificate are residents of the county of Montgomery and are credible persons and that their statement is entitled to credit - No minister of the gospel could be conveniently procured.
J. H. McBride Judge 1 st for Cir. Mo.
I Jacob L. Sharpe clerk of the circuit court of the county of Montgomery do hereby certify that the foregoing contains the original proceedings of the said court in the matter of the application of Daniel Taylor for a pension, And I the said clerk do further certify that Priestly H McBride is judge of the circuit court of Montgomery county aforesaid and that his signature aforesaid is his genuine signature - In testimony whereof I have hereunto set my hand and seal this the 15 th day of May in the year 1833.
Jacob L. Sharpe Clerk

Daniel Taylor Montgomery County Missouri
Adm for 1 year $4.00
For William H. Ashley St. Louis Missouri

WAR DEPARTMENT,
Pension Office,
6 th June - 1838.
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. 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 Daniel Taylor Montgomery to his present
   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.     1776 Priv Capt Cook 84 years. Traditionary  
Says he was engaged every summer for six years, in Indian Warfare but owing to his age and consequent infirmities is unable to specify particularly his services, nevertheless he is very certain he was in actual service One Year.
I am, respectfully,
Your obedient servant,
J. L. EDWARDS, Commissioner of Pensions.

REGULATIONS UNDER THE ACT OF JUNE 7, 1832.
The following regulations have been adopted:
This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army, and to include under the terms "Continental Line," "State troops," "militia," and "volunteers," all persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, &c., Teamsters, Boatmen, &c. Persons who served on board of private armed vessels are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service.
Four general classes of cases are embraced in this law:
 1. The Regular Troops.  2. The State Troops, Militia, and Volunteers.  3. Persons employed in the Naval Service.  4. Indian Spies. 
As rolls of the regular troops in the Revolutionary War exist in this Department, all persons claiming the benefit of this law as officers, non-commissioned officers, musicians or privates, will, in the first instance, make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides. And every Court having by law a seal and Clerk is considered a Court of Record.
DECLARATION,
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
State, Territory, or District of } ss. County of }
On this day of personally appeared (a) before A. B. a resident (b) of in the county of and State, Territory or District of aged (c) years, who being first duly sworn, according to law, doth on his oath make the following declaration, in order to obtain the benefit of the provision made by the act of Congress, passed June 7th, 1832. That he enlisted in the Army of the United States in the year (d), with and served in the (e) regiment of the line, under the following named officers:
[Here set forth the names and rank of the Field and Company Officers; the time he left the service; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers;) the town or county and State in which he resided when he entered the service; the battles, if any, in which he was engaged, and the country through which he marched. (This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.)]
He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of
Sworn to and subscribed the day and year aforesaid.
A. B.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states.
I of the Court of do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of for a pension.
In testimony whereof, I have hereunto set my hand and seal of office (i) this day of &c.
If, on examination of the proper record, the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out.
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz:
(k) We, A. B., a Clergyman, residing in the and C. D. residing in (the same), hereby certify, that we are well acquainted with , who has subscribed and sworn to the above declaration; that we believe him to be years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.
Sworn and subscribed the days and year aforesaid.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that A. B. who has signed the preceding certificate is a clergyman, resident in the and that C. D., who has also signed the same is a resident in the and is a credible person, and that their statement is entitled to credit.
I, Clerk of the Court of do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this day of &c.
Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction.
If such surviving witness cannot be found, the applicant will so state in his declaration, (l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his

alleged service, as they are known at the Department. A very full account of the services of each person will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.
The Court will propound the following ( m ) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.
 1. Where and in what year were you born?  2. Have you any record of your age, and if so, where is it?  3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?  4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom?  5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services. 
 6. { To a Soldier. } Did you ever receive a discharge from the service, and if so, by whom was it given, and what has become of it? { To an Officer. } Did you ever receive a commission, and if so, by whom was it signed, and what has become of it? 
 7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution. 
The Court will see that the answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant.
The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons—one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion. If one of these persons is a Clergyman, the Court will so certify, and they will also certify to the character and standing of other persons giving such certificates.
The traditional evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party. And the Courts are requested to be very particular in the enquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
Applicants unable to appear in Court, by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court.
Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the Peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature.
No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.
[ a ] The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance.
[ b ] The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not conforming to the rule.
[ c ] The age of the claimant must invariably be mentioned.
[ d ] The declarant must mention the period or periods of the war when he served.
[ e ] Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had. Every claimant must state, with precision, the length of his service, and the different grades in which he served, in language so definite as to enable the Department to determine to what amount of pension he is entitled. In a case where the applicant cannot, by reason of 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 services. 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 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.

Rev. and 1812 Wars Section MHR/eel
May 10, 1929
Dr. R.E.Adair Cartersville Georgia
Sir:
I advise you from the papers in the Revolutionary War pension claim, S.17137 , it appears that Daniel Taylor was born, September 18, 1748, in Jersey, about forty miles from New York City.
When still quite young, he moved with his father, name not shown, and settled near Winchester, Frederick County, Virginia, where he remained until he was grown. From there he went to a settlement on the Greenbrier River, where he married, name of wife not given, and where he resided when, in 1774, he was in a battle near the mouth of the Great Kanawha River, between the American Colonial forces under General Lewis and the Indians.
In 1776, while serving with the Virginia Troops under Captain John Cook, he assisted in the construction of Fort Defiance; from 1776, he was engaged during nearly the whole of every summer for the next six years in spying,

guarding Fort Defiance, and ranging.
After the Revolution he returned to Winchester, Virginia, remained there three or four years, went back to Greenbrier for a couple of years, then settled near Bardstown, Kentucky, where he remained for twenty years; then removed to Lewiston Township, Montgomery County, Missouri, where he resided when he was allowed pension on his application executed May 8, 1833.
No reference is made to children.
Respectfully,
E. W. MORGAN Acting Commissioner.

17137 INVALID.
File No. 17137
Daniel Taylor Rev Rev. Wm
Act: June 7 th 99
Index: — Vol. 1 , Page 445
[Arrangement of 1870.]
192.9- May 10. West to B.W.M.C. Adverse M.C.E. Miss letter in claims of James Taylor, 5.2.81.

Home County Mo May 19 th 1833
Sir,
Permit me to ask your attention to the enclosed declaration & to cause the same to be examined and finally disposed of as early as may be convenient.
I have the honor to be with great respect Y r Servt
H. A. Ashley
Hon. Lewis Cass Secy of War Washington

Pensio Agency, St. Louis, Mo. May 11. 1837
Sir
I transmit for examination the Pension papers of Daniel Taylor "who has not applied for his pension for more than one year" &c. as directed by the 2 nd Comptroller Treasury Department, Sep. 20 /36.
In transmitting my accounts to the Third Auditor for the First Quarter of the present year, I accompanied them with the following note by way of explanation and enquiry as to the correctness of my course, and to which I beg leave now to refer you.
Sir Sir, very respectfully, J. L. Edwards Esq. Jan. 1st. 1837 Comm r Pensions City Washington, Wm. G. Anderson
Copy
"By instructions from the Second Comptroller 29 Sept. 36. a pensioner in all cases" Part. making his mark only, is required to do so in the presence of a witness not the Justice. I however I have finally construed it.
It will be perceived that in some instances we have regarded this rule as applicable only to

powers of Atty. and so accordingly made payments, such, too, seems to have been generally the construction given by the State Officers, executing the papers. On discerning more latitude to the rule, I have not failed to apply it further. Of the cases where it has been omitted, I feel satisfied, from a particular knowledge of the parties, that no unfairness could have been practiced. Indeed, so easy is the procure- ment of witnesses where we are not present, that was it not for our own scrupulousness into the channels through which the papers come before us, the rule referred to might be found very inefficient!