Revolutionary War Pension and Bounty Land Warrant Application File R. 5716, for John Jones, Virginia

SERVICE
NUMBER
Va
Jones, John
R. 5716
CONTENTS
2 Feb 1758 resided in Westbury in 1835

State of Virginia County of Mecklenburg ss.
On this 15 th day of October 1835, personally appeared before me George Rogers a magistrate for the County of Mecklenburg V a . John Jones a resident of said County of Mecklenburg & State aforesaid aged seventy seven years last February 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. 1832. that he entered the service of the State of Virginia under the following named officers, & served as herein stated. Col.  (His name he does not recollect) Major Street. Col.  he does not remember the day month or year that he entered the service as a volunteer & marched from DeLongs Ordinary in the County of Mecklenburg, thence to the Town of Petersburg at which town he remained about one week, thence to Williamsburg, thence to Hampton at which place he remained three months, thence to Portsmouth & remained there two months & was discharged, & returned home to the County of Mecklenburg & remained about two or three months & was called out & drafted in the Militia, & marched from DeLongs Ordinary under Col. Beerwell, Col. Ellis, & Lt. William Parkerville, marched through Petersburg & remained there three or four days, thence to Glendale & remained two months that he was at the surrender of Genl. Cornwallis, & the next day after the surrender of Cornwallis he was discharged, that he has the affidavit of Beckner Dancy proving his service also the affidavits of Williamson Dancy Sen r . Carroll Jones & Sherwood Smith, the service as well as I remember was performed in 1779- or 1780 & 1781- that is known by Lewis Williams & Thomas Patten who were both revolutionary soldiers, & who also know that I was in the Army - I have the record of my age but remember what the heard my Parents say - he hereby Renounces every claim whatsoever 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 & subscribed to the day & year above written
John F Jones mark

I do hereby Certify that I saw John Jones, within named, March'd as a soldier from Delancey, Ordinary in the County of Ulster County N.Y. I do not recollect the officers under which he March'd, I saw him three during his service in Camp, first at Hampton & the second time at Portsmouth - my seeing him was caused by the sickness of my Brother Buchanan Rainy who was with him, & who I obtained a furlough for & brought home, this year I have no doubt lasted at least three months, as my brother remained that length of time after we left in service, I don't know how long he remained, but I think a month or more I have been acquainted with John Jones for more than fifty years I believe all he has said in his declaration to be truth - given under my hand this 16. day of October 1835 -
Williamson Rainy Jut
State of N.Y.
Ulster County Ct.
The foregoing Certificate was signed & sworn to before me a magistrate for the County & State aforesaid this 16. day of October 1835.
Geo. Rogers J.P.
I Sherwood Smith of the County of Ulster County N.Y. do hereby Certify that John Jones within named served with me in the Revolutionary war during the siege of York, under Capt. Mahy 1st Co. Burwell this service I think was performed in the year 1781. given under my hand this 2nd day of Octo 1835 -
Sherwood Smith his mark
The foregoing Certificate was signed & sworn to before me the 2nd day of October 1835.
Geo. Rogers a Magistrate for the County of Ulster County

I Carroll Jones of the County of M Mucklenburg Va age seventy three years do hereby certify that my Brother John Jones served a term of upwards of five months at Hampton & Portsmouth that I went to see him when there, in company with Willie Buckner Rainey who went after a sick brother, Buckner Rainey the length of time prevents my remembering the officers, — I know that my Brothers services in all (both terms), was upwards of seven months — given under my hand this 16. day of Oct 1835 —
Carroll his Jones
The foregoing Certificate was acknowledged & sworn to before me this 18. Oct 1835
Geo Rogers a magis- trate in & for the County of Mucklenburg Va
I George Rogers a Magistrate in & for the County of Mucklenburg Va do hereby certify that I am, & have long been acquainted with these Gentlemen whose names appear above as witnesses to the services of John Jones, & can say they have always maintained a Character for truth and honesty, Buckner Rainey one of the witnesses is dead since the former application, his original Certificate accompanies this, I further certify that John Jones the applicant is from age & debility unable to get to the Court though he living at the distance of twenty four miles, and on the charity of a Poor Brother & the reason an earlier application has not been made has been my fault, as I promised him to attend to it for him & have not done so till now —
Geo. Rogers

Virginia, Mecklenburg County. ss.
I John G. Baptist Clerk of Mecklenburg County County Court do hereby certify that the foregoing contains the original proceedings of George Rogers Esq. one of the Justices of the peace for the County aforesaid who is a Justice of our said Court, in the matter of the application of John Jones for a pension, and that the signatures of the said George Rogers Esq. are genuine In Testimony whereof I have hereunto set my hand and seal of office The 2 d day of November 1835 in the 60 th Year of the Commonwealth
J. Baptist C. C.

824083-1876 John Jones Mecklenburg Co. Virginia
W. W. (Matt 183) - " Hon. G. Brumgard June 3 1836 " 7 " (copy of letter) D. E. N. J. M. not authenticated
Hon. G. Brumgard John Jones Mecklenburg Co. Virginia

WAR DEPARTMENT,
Pension Office.
May 11. 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. 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 John Jones Mecklenburg Co. Virginia
   Period when the service was rendered. Duration of the claimant's service. Rank of the claimant. Names and rank of the Field officers under whom he served. Age at present, and place of abode when he entered the service. Proof by which the declaration is supported.   Years. Months. Days.     Vol. y. in unit. state 3 7 Private Major Street 75 years living witness to 7 months service   - - - - 2 Capt. Mahry Mecklenburg Co. Virginia   drafted 3 or 4 days Col. Burnell   - - - - about 2 Major Callis  
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 seat 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.
_____ 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, deposes 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 place, 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 (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.
John H. Ashton

NATIONAL ARCHIVES AND RECORDS SERVICE
NONSELECTED RECORDS
NATIONAL ARCHIVES AND RECORDS SERVICE

REJECTED 5/16
P. O. _____ 1839 V.A.
John Jones
Service: Wicklow Co. V.A. 25 yrs 77
Enlist. do. do. married to Martha Williamson Hampton's Postscript
Enlisted: B - Capt. Geo. C. Russell , 18 .
Discharged: (Com. filed 1779-80) , 18 .
Application filed: _____, 18 .
Alleges: The printed list of 1862 gives cause of suspension as: Re-enlisted "For further proof and specification."
Attorney: _____
P. O. _____
_____ Recognized. _____ Contract.
_____ Cert. of Dis. Searched for _____, 18 .

24,083
John Jones pa
act 7 th June 1852

M o Jones
Nov 11. (1835)
4.
Rec d . Vol. 40. p. 356

War Dept. Pension Office Nov 11. 1835.
Sir,
Before any further action can be had on your claim, it will be necessary for you to transmit to this office your original declaration which was returned on the 11 th May 1833 to J. G. Baptist Esq, Clerk of Mecklenburg County. The papers recently received, have been placed on file
W. J. Jones Mecklenburg Co. Boydton VA P.O. Va.

Ha 4/6 Dromode
June 31/36
ol
Rec. Vol. 44. ha. 2.

Department of War Pinner Office June 3 rd 1816
Sir
I have examined the papers of Mr Geo Vines and have placed them on our file.
Mr Vines alleges that he performed two terms of militia service in Virginia, in 1780 & 1781. The first, being of five months duration, and the second, of two months; he having been discharged immediately after the surrender of Cornwallis. The objection to the admission of the claim is, that the regular militia law in Va. was not in force for three months, except in some instances, where they were marched out of the State. The claim of five months, therefore, is somewhat questionable, and will require further explanation & proof. I herewith enclose the letter of Mr Rogers.
I have the honor
Genl Drury Dade H. K.

An L cap.
June 7 1876
06
Rec d Col. H. pa. 3.

Dept of War Pension Office June 7. 1836
Sir
I return herewith the letter of the Hon. G. H. Dunnington, upon the subject of the claim of John Jones, of Pa. for a pension under the act of June 7. 1832, for military services rendered, during the war of the revolution, and that the same be stated, that Mr Jones alleges that he performed two years of military service in Virginia in the year 1780 & 1781, the first being of five months duration, and the second of four months. The objection to the admission of the claim is, that the regular military term in Virginia during the period also mentioned, was unfounded for three months, only never exceeding that term, except in a few instances, when marched out of the State; but  and frequently for much shorter periods. It does not appear that Mr Jones was marched beyond the limits of the State during the alleged service. The claim therefore for in 1780. four months is inadmissible. The papers are placed on file, awaiting any explanation that Mr Jones may be able to present on the subject.
I have the honor to be Sir Your Obedt Servt. J. Patten

I do hereby Certify that John Jones served four months in the Revolutionary war; in a Company Commanded by Captain Anderson in the Regiment Commanded by Col. Anderson that the said Jones served two months at Gloucester under Capt. Mabry & turn'd over to Capt. Ellis in the Regiment Commanded by Col. Barwell, given under my hand this 15 th day of September 1832 -
Buckner his X Rainey mark
Mecklenburg County to wit
This day Buckner Rainey personally appeared before me & made oath that the above Certificate contains the truth. given under my hand this 15 th September 1832
E. D. Rogers