Revolutionary War Pension and Bounty Land Warrant Application File S. 45886, for Jacob Kisner, Virginia

SERVICE
NUMBER _____
Va
or Kishner, Jacob Keezer
S. 45-886
CONTENTS

19510 - West Virginia
Jacob Hunsberger of Gibson in the State of W. Va. who was a private in the Co. commanded by Captain Barr of the regt commanded by Col. Preston in the Brigade line for 12 months
Inscribed on the Roll of W. Va. at the rate of 40 Dollars 00 Cents per annum, to commence on the 4th day of March, 1834.
Certificate of Pension issued the 13 day of Sept 1833 and Solomon Darker  Clanton
Arrears to the 4th of Sept 100 00 Semi-ant. allowance ending March 20 00 120 00
{ Revolutionary Claim, Act June 7, 1832. }
Recorded by J. M. Boyd Clerk Book E Vol. 7 Page 56

State of Tennessee Giles County } On this 18 th day of June 1833 } personally appeared before the County Court of Giles County, Jacob Kistner a resident of Giles County and State of Tennessee aged thirty years the 6 th day of May last, 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 7 th 1832. States that he volun- -teered in the service of the United States in the month of March 1779. and served nine months in the State of Virginia against the Shawnee Indians no part of the regiment not recalled and says he served as a private in the Virginia Volunteer line, under the following named officers under Captain John Brien Brier Agnew to order of Colonel Preston, and Major James Henderson as he believed, and left the service in the month of December 1779. and that he resided in Green Brier, now Monroe County in the said State of Virginia, that he first

Marched from Ben Brier Ford, to the part of Virginia known by the name of the Wilderness and continued scouting through the wilderness to keep of the Indians during said tour of nine months. He states that he was engaged in an skirmish with the Indians on Green Brier River in said State of Virginia
and that he was drafted in the last of February in the year 1781 in the Service of the United States and entered the Service under Colonel Preston Mayer Quick and Captain Andrew Hamilton of the Militia of the State of Virginia, at Burnside Station in Green Brier County and march from thence to what is now called Kentucky to join General Clark, at the falls of the Ohio to go to New Orleans to resist the French assist the French agreeable to order of General Washington, but soon after declared was disbanded in the new State of Kentucky and from thence the last of May 1781 March home to Green Brier County Virginia after serving a tour of three months the last of May 1781. and he also states that he

Was not engaged in any civil pursuit during either of said terms of service
That he hereby relinquishes every claim whatever to a pension or annuity except the pension, and he declares that his name is not on the pension roll of any agency in any State,
Given to and subscribed Jacob Skinner the day & year aforesaid
That I do hereby
And the said Court do hereby declare their opinion that the above named applicant was a Revolutionary Soldier and service as in States
I Thomas Sisk Clerk of the Court of Session hereby do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Jacob Skinner for a pension.
In testimony whereof I have hereunto set my hand and seal of office this 18 th day of June 1833.

State of Tennessee } Gibson County } On this 18 th day of June 1833 } personally appeared in open Court Benjamin D. Dyson who being first duly sworn according to Law deponeth & says that he has been well acquainted with Jacob Kinner who has subscribed & sworn to the foregoing declaration for about Six  ten months and that he believes him to be of the age he represents and that he is respected & believed in his neighborhood to be a man of  good character  as far as he knows and that he concurs in that opinion sworn to & subscribed W. H. WIPSON Clerk in open Court. Thos. F. L. BER
State of Tennessee } Gibson County } On this the 18 th day of June 1833 } personally appeared in open Court David Brockatt who being first duly sworn according to Law deponeth & says that he has been acquainted with Jacob Kinner who has subscribed & sworn to the above declaration for five or six years and that he believes

State of Tennessee } Gibson County } on the 18 th day of June 1833 } appeared in open Court Benja- min D. Dyson, who being first duly sworn according to Law, deponeth & says that he has been well acquainted with Jacob Kiser (who has subscribed & sworn to the foregoing declaration) for about five  six months and that he believes him to be of the age he represents and that he is respected & believed in his neighborhood to be  be a man of veracity so far as he knows and that he concurs in that opinion sworn to & subscribed W. H. WISON Clerk in open Court. Thos. Fitt. Clerk
State of Tennessee } Gibson County } on the 18 th day of June 1833 } personally appeared in open Court, David Brockatt who being first duly sworn according to Law, deponeth & says that he has been acquainted with Jacob Kiser (who has subscribed & sworn to the above declaration) for five or six years, and that he believes

Was not engaged in any civil pursuit during either of said terms of service
That he hereby relinquishes every claim whatever to a pension or annuity except the pursuant, and he declares that his name is not on the pension roll of any agency in any State,
Sworn to and subscribed Jacob his Kinner Mark the day & year aforesaid. That I do hereby
And the said Court do hereby declare their opinion that the above named applicant was a Revolutionary Soldier and served as in States
I Thomas Seth Clark of the County Court of Gilpin County do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Jacob Kinner for a pension.
In testimony whereof I have hereunto set my hand and seal of office this 18 th day of June 1833.

him to be of the age In States and that he is a man of honesty and integrity and that he is respected & beloved in his neighborhood to have been a Revolutionary soldier in the States. David G. Scott I mean to in open leave
Thos. Fitch JR Interrogatories propounded by the Court.
1 st when & in what year was you born Answer. in Pennsylvania in the year 1760.
2 d have you any record of your age & if so when is it.
Answer. I have but it is in possession of my brother Virginia
3 d when were you living when called into service when have you since since the revolutionary war and when do you now live
Answer. I lived when called to service in Green County Kentucky Virginia.
Since the revolution I have lived in Kentucky I now live in Gibson County Tennessee

4 th Have you been called into service when you are drafted, did you volunteer or when you are a Substitute & if a Substitute for whom Answer. I volunteered the first 9 months I was and was drafted the 2 nd term of the months.
5 th State the names of some of the Regular officers who were with the troops where you were and such Continental and Militia Regiments as you can recollect and the general circumstances of your service
Answer There was no regular officers with the troops the first 9 months I was. the names of Regiments I do not recollect, the circumstances of my service are stated in the declaration.
6 th did you ever receive a discharge from service & if so what has become of it
Answer. I never received a discharge
The persons in my present neighborhood who can testify as to my services & discharge are

James McHugh John Dickson Arthur Rogers
And the said Court do declare their opinion after the investigation of the matter & after putting the interrogations prescribed by the war department that the above named officer was a revolutionary soldier and served in the States and the Court further certifies that it appears to them that Benjamin D. Lyon Esq. and Colonel David Brockle said Brockle a citizen of Wroth County & said Lyon a citizen of Gibson County who signed the foregoing certificates are credible persons and their statement is entitled to credit and that it was inconvenient for him to procure the certificate of a clergyman owing to his remote situation from the Court seat & then being near him that can be certainly guarantee with him.
I Thomas Fite Clerk of the Court Court of Gibson County do hereby certify that the foregoing contains the original proceedings in the Court in the matter of the application of Jacob Hissner for a pension in July last which I have hereunto set my hand & seal of office 15 th June 1833. Thos. Fite Clerk

N o 25971 West Jacob Kisner Gibson County Tennessee
for 1779 private 12 months. $40. —
Sec d Parker Preston Tennessee

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 subjoined 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, showing the Service of Jacob Hisner Gibson County Tennessee
   Period when the service was rendered. Duration of the claimant's service. Rank of the claimant. Names and rank of the Field of- ficers 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. Mar. 1779 - 9 - private Capt Ben Brien, Col Preston Major Henderson 70 years Green Briar Traditionary evidence, papers   Draft - 1781 - 3 - " Col Preston Major Quick Capt Hamilton County Virginia consists Attached -  
I am, respectfully,
Your obedient servant,
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 (S) 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 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 [blank] and that C. D., who has also signed the same is a resident in the [blank] 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, (1) 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 time, 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 proof required by rule in note [j] applies to continental troops only.
[k] The notes from [a] to [j] 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.

45886 INVALID.
Reynolds, Co.
File No. 45886. Jacob Kismet Va Mt Revs Nat
Act _____
Index : Vol. _____, Page _____
[Arrangement of 1870.]

PAID FREE
D. L. Edwards
Mail } commision of pensions Washington City

Clinton Jan 22 d 1833
Dear Sir
In regard you will receive the declaration of Sarah Skinner a revolu- -tionary soldier. please so soon as said claim is acted upon, should there be any discrepancy inform me of the same and if now direct your communications to me at Clinton Scraper
Yours Respectfully
John Parkes