Revolutionary War Pension and Bounty Land Warrant Application File W. 254, for Thomas Johnston, Virginia

SERVICE
NUMBER
Va.
Johnston, Thomas or Johnson, Rachel
W. 254.
CONTENTS
This Envelope Includes
FINAL PAYMENT VOUCHER
Received from GAO

enl. sent to E.H.
13. 434. Alabama.
Thomas Johnston as S t Lieut. in the State of Alabama who was a Point in the Co — commanded by Captain — of the Reg t commanded by Genl. Pierce in the Virginia for one year
Inscribed on the Roll of Alabama. at the rate of 40. Dollars 00. Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 20. day of Feb. 1833 and sent to E. Herring Washington City Arrears to the 4th of March 1833 80.00 Semi-ant. allowance ending 4 Sept 33. 20.00 $100.00
{ Revolutionary Claim, } { dated June 7, 1832. } Recorded by M. J. Palmer Clerk, Book 6 Vol. 8 Page 46

577 5176
Tennepsee
Rachel Johnson widow of Thomas Johnson, Colo Buckner Va who served in the Revolutionary
war, as a Private
Inscribed on the Roll at the rate of 10 Dollars
Cents per annum, to commence on the 1th day of March, 1848.
Certificate of Pension issued the 12th day of October 1849, and sent to
John Hambright Calhoun Tenn.
Recorded on Roll of Pensioners under act February 2, 1848, Page 274, Vol. 3.
Date of death unknown

577 51276 Tennessee.
Rachel Johnson widow of Thomas Johnson, Colo Buckner Va who served in the Revolutionary war, as a Private
Inscribed on the Roll at the rate of 40 Dollars
Cents per annum, to commence on the 4th day of March, 1848.
Certificate of Pension issued the 30 th day of October 1849, and sent to John Hembright Calhoun Tenn.
Recorded on Roll of Pensioners under act February 2, 1848, Page 274, Vol. 3.
Date of death not on file

FINAL PAYMENT VOUCHER
Received from GAO

Original.
Asheville St. Clair County Alabama
April the 24 th 1834.
Received of George S. Gains Agent for paying pensions Seventy two dollars and Sixty seven cents being for 31 Months and 24 days pensions due to Rachel Johnston Widow of Thomas Johnston deceased from the 4 th day of March 1831 to the 29 th day of December 1832. for which I have signed duplicate receipts.
$72. 67 cts
Archibald Sloan Attorney for Rachel Johnston, Widow of Thos. Johnston decd.

Declaration of Rachel Johnston
In order to obtain the benefit of the act of Congress of the 7 th July 1838 Entitled an act granting half pay and pension to certain Widows
State of Tennessee } Monroe County } ss
On this 2 nd day of June 1845 personally appeared before the Subscriber a Justice of the peace for the County and State aforesaid Mrs Rachel Johnston a resident of the County and State aforesaid aged Seventy five years who being first duly sworn according to law doth on her Oath make the following declaration in order to obtain the benefit of the provision made by the act of Congress passed July 7 th 1838 Entitled an act granting half pay and pension to certain widows that she is the widow of Thomas Johnston who was a soldier in the Virginia line in the war of the revolution that the aforesaid Thomas Johnston was Entitled to a pension under the act of Congress of the 7 th June 1833 of $ _____ per annum for his said services she further declares that her husband the aforesaid Thomas Johnston died on the 29 th day of December 1832 in St Clair County State of Alabama affiant do further declare that she was married to the aforesaid Thomas Johnston in April Seventeen hundred and Eighty five in Washington County State of Virginia and for further proof the Marriage she refers the Department to the copy of the marriage license herunto annexed that she was not married to him prior to his leaving the service but the marriage took place previous to the first day of January seventeen hundred and ninety four viz at the time above stated and that she is still a widow
Rachel Johnston her mark
Sworn to and subscribed on the day and year above written before

me a Justice of the peace for the county aforesaid and I do further certify that the said Rachel Johnson is from bodily infirmity unable to attend court and that full faith and credit may be given to her Rachel Johnson's statements in witness whereof I have hereunto set my hand and seal this 2 nd day of June 1845
James Sewell Justice of the peace State of Tennessee } Monroe County, } ss June Term 1845
The declaration of Rachel Johnson certified on the 2 nd day of June 1845 by James Sewell a Justice of the peace for said county being submitted to the court the court doth approve his proceedings and acts in said cause and hereby directs the clerk to endorse the approval on the paper
State of Tennessee } ss Monroe County } I John A. Stephens clerk of the county court of Monroe county do hereby certify that the foregoing proceedings on the original proceedings had and approved by the county court of Monroe County at its June Term 1845 relative to the declaration of Rachel Johnson to attain the benefit of the acts of Congress relative to revolutionary pensions and I further certify that the aforesaid James Sewell is and was an acting Justice of the peace for said county duly commissioned and qualified according to law and that the signature purporting to be his is genuine
In witness whereof I have hereunto set my hand and affixed my seal of office at office in Madisonville this 2 nd day of June 1845 John A. Stephens (clerk) By M. G. Boyle s te

State of Tennessee } I John Carson Chairman of the Monroe County } County Court of Monroe } County do hereby certify that John A. Stephens } is clerk of said County & that W. G. Boggs is his deputy duly commissioned & qualified as the law directs & that, his  W. G. Boggs signature is genuine. Given under my hand & seal this 2nd day of June 1845
John Carson Chairman

State of Alabama St Clair County
On this twentieth day of September Eighteen hundred and thirty two personally appeared before Parmenus Castleberry an acting Justice of the peace in and for the County aforesaid — Thomas Johnson a resident of Bossa valley in said County and State aforesaid aged seventy three or four 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 the Seventh Eighteen hundred and thirty two — That he enlisted in the army of the United States in the year seventeen hundred and seventy six or seven with Thomas Hutchings (or Hudgins) as captain as he believes and served in the fourteenth Regiment of the Virginia Line (continental troops) under the following named officers — the aforesaid Hutchings (or Hudgins) Captain — Henry Williams Aaron Hudgins (Captain's brother) orderly sergeant Lieutenant — Hardin Perkins Ensign — Buckner colonel. His Enlistment took place in the summer season as he believes — but what particular time, cannot state — at a muster on Sandy River in Pennsylvania county — for eighteen months — They rendezvoused at Halifax old town and there remained two or three weeks.
War Dept.

(His own place of Residence was on Sandy River thirty miles above Halifax Old town) He marched from Halifax to Williamsburgh and there was stationed and remained about three or four months. - When his company was full and not quite one half - supposed about seventeen or eighteen, went across the River (James) to Cobham under John Biswell as Sergeant - they were there stationed as a Guard and watch upon the British who were in their shipping on the River Below - Governor Dinwiddie was then on Swann's Island - opposite to which Island he was marched from Cobham - where Governor Dinwiddie had his thigh Brother his Captain at this time, whom he does not now recollect, was killed by a splinter from his own Gun which bursted - striking him on the head - Some of the company had made a wooden Gun which was the one that bursted. It was called a mortar Piece & used to throw Bombs with - This one bursted at the first fire - They only remained there until Dinwiddie made his Escape at night on the River - from thence his company were sent back to Springfield Old Camp's, two miles below Williamsburgh - At this place he was taken down with the fever - placed in the hospital at Williamsburgh where he remained five or six weeks until he obtained a furlough from Colonel Buckner for forty days - and which was allowed him upon condition of obtaining another person in his place - and which he did - from thence he was carried to his brother's and there remained sick for ten or eleven months - He was out at this time near seven months - and went home

In the winter - He remained at home during and at his brother's something like a year before he was able to join his company - When a recruiting officer came round to collect the deserters, those who had been left sick, & those who had not returned from their furloughs - When this Deponent again joined him at the place of rendezvous which was at Captain Black's on Snow Creek P.H. -sylvania County - At this place he hired a substitute to serve in his place by the name of James Newland (or Newlan) The captain would not receive him as a substitute unless he, Newland would agree to enlist for a longer time than this Deponent had to stay - He accordingly enlisted during the war - This Deponent giving him forty Dollars - and all his back pay - This Deponent recollects distinctly, that his amount of back pay thus given Newland - was fourteen pounds - And he thinks it was fifteen pence a day that was allowed him as a dole but is not certain - This Deponent Received his discharge in full from the officer at Black's - whose name he does not now Recollect - This discharge he has lost - and does not recollect how - or when - although he remembers having it several years after the war - Upon his Enlistment he received twenty shillings Bounty - This Deponent thinks he was about Eighteen or Nineteen when he enlisted - but is not certain as his memory has failed him so much

That he cannot recollect even the most common daily occurrences - Henry Williams his first lieutenant, was not long with him having been drummed out of camp at Springfield for having stolen Captain Hutchins money. This Dependent was again out as a militiaman - and drafted in Pittsylvania County. State aforesaid - He went out this time against the Indians on New River and was out three months - their colonel was from Botetourt County - name not recollected - they were stationed at one of  the  places  stations on New River - He was out again for three months against the Tories on New River - for two months - under Colonel Trotter and from the same county was drafted - does not recollect the names of the Captain or Lieutenant - He was out again for three months & went to Hillsborough, North Carolina -
X
X
The examination here closed on account of the deponent being taken suddenly sick - and his mind becoming so disturbed and childish that he could not recollect anything in presence of Adams
Thomas his  X Johnson marks

He hereby relinquishes every claim whatever to a pension or annuity except the present, and 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 of the State of Virginia. This Deponent also states that he is unable on account of age and sickness to attend the court to make this Declaration. Having had the Palsy for nearly three years which totally incapacitates him from riding or going about. The distance to the Court House by a trail way across the mountain is something like twenty six miles - and by the Road forty - miles.
And the said Court do hereby declare their opinion that the above named applicant was a Revolutionary Soldier and served as he states - And also that the examination was caused  in  consequence of sudden sickness - Appearance having Justice of the Peace been called to bleed him & relieve him from an Expected attack of the palsy - I Joshua W. Hooper Clerk of the County Court for and for the County of St Clair do hereby Certify that the foregoing contains the original proceedings of the said court - before the justice in the matter of the application of Thomas Johnson for a pension - And I do further certify that Parmenus Castleberry Esquire is an acting, and regular justice of the

Peace In and for the county of St Clair - and that full faith and credit is and ought to be given to his official acts as such court - In testimony whereof I have hereunto set my hand and seal of office this twentieth day of September Eighteen hundred and thirty two
We the undersigned being personally acquainted with the above applicant do on our respective oaths declare that we believe in full his statement above made - and also of our own knowledge that his infirmities prevent him from going any where - much less to court. That it has never been questioned or doubted but that he was a Revolutionary Soldier - That he is a professing member of the Methodist Church. And in all and every respect a man of unimpeach- able honesty - Integrity and truth - Also that he has become so old and infirm that he is unable to transact his own business sworn & subscribed the day & year above written at the Residence of applicant William A. Capps mark Thomas Johnston Wesley Hill John Loughridge J. H. C. [unclear] Pierce

I Joshua W. Hooper Clerk of the Court by Court in and for the County of St. Clair do hereby certify that Parmenus H. Castleberry is a Regular acting Justice of the peace for this County & that full faith & credit is due to his official acts as such - & also that I am personally acquainted with these signers & that they are men of full credit & veracity in Testimony whereof I have hereunto set my hand & seal of office this 24 th of Septem- ber 1832
But Joshua W. Hooper Clk C.C
That Lewis being duly sworn in deposing that he drew these papers & was present examining the old man at the time of taking sick & that he died in two months after - & that therefore he is unable as any agent for him or with us to make the affidavits required - And that the informant has been General agent for the pensioners of the County & that he has removed to Benton County & I would not know send on the papers Joshua W. Hooper Clk Chas Lewis - on Roll

State of Alabama } St. Clair County } ss. Be it known that before me R. P. Lowe a Justice of the peace in and for the County afore said personally appeared Rachel Johnston Widow of Thomas Johnston deceased, and made oath in due form of law that she is the Widow of the identical Thomas Johnston named in an Original certificate herewith surrendered, of which I certify that the following is a true copy.
War Department, Revolutionary Claim. I certify that in conformity with the law of the United States of the 7th June 1832, Thomas Johnston of the State of Alabama who was a private in the Army of the Revolution is entitled to receive forty- dollars per annum during his natural life commencing on the 4th of March 1831, and payable semi-annually on the 4th of March and 4th of September in every year. Given at the War office of the United States this Twentieth day of July one thousand eight hundred and thirty one. John Noble acting Secretary of War.
Examined and counter signed J. L. Edwards.
Commission of pensions... No. 13.434. Payments to be made at Mobile by First Natl. Bank Agent for paying pensioners in the Agency of Alabama. Recorded in pension office in Book 8. Vol. 8 Page 46 by Wm. R. Palmer. Clerk.
That the said Thomas Johnston late husband of this deponent died on the 29th day of December 1832, that he was and is entitled to a pension of forty dollars per annum, on account of services rendered to the United States during the Revolutionary War

that the said Thomas Johnston resided resided in county of St. Clair and State of Alabama, and did reside there for the space of three Years past previous to his death, and that previous thereto he resided in the State of Georgia.
Sworn and subscribing this 28 th day of March 1834. before me.
Rachel his Johnston mark
R. P. Lowe Justice of the peace,
I Joshua W. Hooper Clerk of the Court of St. Clair County certify that R. P. Lowe is a Magistrate as above and that the foregoing signature purporting to be his is genuine.
In testimony whereof I have hereunto affixed my seal of office and subscribed my name this 28 th day of March one thousand eight hundred and thirty four
Joshua W. Hooper Clerk of the Court of St. Clair County.
Know all men by these presents that I Rachel Johnston Widow of Thomas Johnston deceased, late of St. Clair County and State of Alabama, and pensioner of the United States, do hereby constitute and appoint Archibald Slocum my true and lawful Attorney, for me and in my name to receive from the Agent of the United States for paying pensions in Mobile State of Alabama the pension due to my late husband Thomas Johnston deceased, and deceding to me his widow, from the 4 th day of March 1831, to the 29 th day of December 1832, the last mentioned

date being the time which my late husband Thomas Johnston died.
Witness my hand and seal this 20 th day of March. A.D. 1834.
per Rachel Johnston Exec. mark
Sealed and delivered in presence of R. P. Lowe Justice of the peace
State of Alabama } ss.
I, Clerk of said County } Be it known that on the 20 th day of March 1834, before the subscriber a Justice of the peace in and for said County personally appeared Rachel Johnston widow of Thomas Johnston deceased; above named and acknowledged the foregoing power of Attorney to be her act & deed and seal. In testimony whereof I have hereunto set my hand the day and year last above mentioned.
R. P. Lowe Justice of the peace
State of Alabama } ss.
I, Clerk of said County } Be it known that on the 20 th day of March 1834, before the subscriber a justice of the peace in and for said County personally appeared Archibald Sloan the Attorney named in the foregoing power of Attorney and made oath that the same was not given him by reason of any sale, transfer or mortgage of the pension, or arrears of pensions therein authorized to be received by him.
Sealed and subscribed this 20 th day of March A.D. 1834 before me
R. P. Lowe Justice of the peace
A. Sloan
FINAL PAYMENT
Received from

State of Alabama, ss. St. Clair County, I, Joshua W. Hooper, Clerk of the Court of St. Clair County and State aforesaid, do hereby certify that on the 28 th day of March 1834, Rachel Johnston, widow of Thomas Johnston deceased, personally appeared in open court before his Honor James Rogan, Judge of the County Court of said County then and there sitting, and then and there adduced satisfactory testimony to the said court; first, proving that she is the widow of Thomas Johnston, who died on the 29 th day of December A.D. 1832. Second; that the deceased is the identical Thomas Johnston named in an original pension certificate, a true copy of which is certified in the foregoing proceedings.
In testimony whereof I have hereunto affixed my seal of office and subscribed my name this 28 th day of March, A.D. 1834.
Joshua W. Hooper Clerk of the Court of St. Clair County.
The State of Alabama Personally appeared before me Samuel Fry Mobile County 3 rd an acting justice of the peace in and for said County William Sloan who being duly sworn saith that the within signature of A. Sloan to the oath of Attorney and that of Archibald Sloan to the receipt herewith attached are each the true and genuine signature of his now deceased Brother Archibald Sloan
Sworn subscribed 18 th Ap r 1835 William Sloan before me Sam l Fry I presume
FINAL PAYMENT VOUCHER Received from GAO

13. 6. 34
Thomas Johnston Alabama
Adm. 1 year
Private $40.
E Herring Esq. Washington City.

WAR DEPARTMENT,
Pension Office,
19 th July 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 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. 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 Thomas Johnson
   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 to 77 1. 6. Private Col. Buchanan 73 or 74 years.   3 " Virginia   2 " Col. Trotter  
Served last 7 Months of this term.
I am, respectfully,
Your obedient servant,
J. L. EDWARDS, Commissioner of Pensions.

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

alleged service, as they are known at the Department. A very full account of the services of each person will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.
The Court will propound the following ( m ) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia:
 1. Where and in what year were you born?  2. Have you any record of your age, and if so, where is it?  3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?  4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom?  5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services. 
6. { To a Soldier. { Did you ever receive a discharge from the service, and if so, by whom was it given, and what has become of it? { To an Officer. { Did you ever receive a commission, and if so, by whom was it signed, and what has become of it?
 7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution. 
The Court will see that 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 fix 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.

May 28, 1937
Thomas Johnston W. 254 BA-J/AWF an
Mrs. Carl R. Morton 1113 N. Jackson Street Little Rock, Arkansas
Dear Madam:
Reference is made to your letter in which you request the Revolutionary War record of Thomas Johnston of St. Clair County, Alabama.
The data furnished herein were obtained from papers on file in pension claim, W. 254, based upon the service of Thomas Johnston in the War of the Revolution.
The date and place of birth of this soldier were not shown, nor were the names of his parents given.
While residing about three miles above "Halifax old town", on Sandy River in Pittsylvania County, Virginia, Thomas Johnston enlisted in the summer of 1776, served as a private in Captain Thomas Hutchins' company, Colonel Buckner's Virginia regiment; he was in the battle of Gwyn's Island, after which he was taken sick and put in the hospital at Williamsburg, where he stayed five of six weeks, then carried to his brother's home, name of brother not given, nor place of his residence stated. When the soldier, Thomas Johnston, was able to return to duty, he served in the Virginia militia, three months on New River in pursuit of Indians, two months in pursuit of Tories, and three months in an expedition to Hillsborough, North Carolina, under

Colonel Folker(?), names of other officers not stated, nor dates of service shown.
The soldier, Thomas Johnston, applied for pension, September 30, 1832, then a resident of Coosa Valley, St. Clair County, Alabama, aged "seventy-three or four years". He died in St. Clair County, December 29, 1832. The pension was allowed.
Thomas Johnston married in the month of April, 1785 in Washington County, Virginia, Rachel Mullen; the date and place of her birth and names of parents were not given.
The widow, Rachel Johnston, was allowed pension on her application executed June 2, 1845, at which time she was seventy-five years of age and living in McMinn County, Tennessee. In 1849, she was living in McMinn County, Tennessee.
Thomas Johnston in 1846, then in his forty-eighth year and a resident of St. Clair County, Alabama, stated that he was well acquainted with Thomas Johnston and his wife, Rachel, but he did not state any relationship.
The papers in this claim contain no further reference to family.
In order to obtain the last  final payment of pension, name and address of person paid, and possibly date of death of the widow, Rachel Johnston, you should apply to The Comptroller General, General Accounting Office, Records Division, Washington, D.C., and give the following data: Rachel Johnson (as she was pensioned) widow of Thomas Johnston (Johnson), certificate #5177, issued October 30, 1849, rate $40.00 per annum, commenced March 4, 1848, Act of February 2, 1848, Tennessee Agency.
Very truly yours
A. D. HILLER Executive Assistant to the Administrator

1937 May 29 - list. to Mrs. Carl R. mortgage deed
254
Rev WIDOW, &c.
File No. 254
Rachel Johnson widow of Thomas Johnson Rev. War.
Act: Feb. 2 nd 1848
Index: - Vol. A , Page 376
[Arrangement of 1870.]

V 12157.
Rachel Johnston
Tenn. Mtd to Jacob Newman Oct 6. '45

9939.
Reported
Mary Kee  Shaeffer
Rachel Johnson
widow of Thomas Johnson
who was a Private
in the Regiment
husband died 17th Dec. 1832
Inscribed on the Roll at the rate of 100 Dollars
Cents per annum, to commence on the 4th day of March, 1843.
Certificate of Pension issued the 11th  day of  May  1846 and sent to
Mrs. J. H. Crozier W. of P. H.
[Act of March 3, 1843.]
Recorded in Book a  17th June 1844 Vol. 2 Page 193.

Separate
10,010
Mary Lee
Rachel Johnson
Widow of Thomas who was a pensioner under the Act of 1832 and who died on the 29th Dec. 1832 of Alma in the State of Tenn. who was a Private in the Comp y commanded by Captain W. B. Buckner of the Reg t commanded by Col. Buckner in the Rev o  list for 12 months
Inscribed on the Roll of Sturdiville at the rate of 110 Dollars Cents per annum, to commence on the 4th day of March, 1836.
Certificate of Pension issued the 11th day of May , 1846 and sent to Her N.K. Cooper , 26th  Dec r
Total amount, $ 200.00
[Act July 7, 1838.]
Recorded by Th. Rumpel Clerk, Book D Vol. 1 Page 349

Knoxville April 22 nd 1846
Dear Sir
I enclose you two affidavits in support of the claim of Mrs Rachel Johnston. Her husband made application for a pension in St. Clair County Alabama but before the certificate arrived he died. Mrs Johnston drew what was due him at his death $10.50 I sent on her former declaration and the marriage is acknowledged but the difficulty is she never drew a pension. She moved to Monroe County in this State some years back. I sent to St. Clair County Al to ascertain from the attorney who had paid Mrs Johnston the money of her husband's pension but he had left the country. I also wrote to three of the pension officers in Al and could not ascertain in what office he was paid.
I have no doubt as to the correctness of the claim and when I wrote to the pension officers in Alabama I wrote for the name of Thomas Johnson and as he died before he drew in all probability his name was in a pension on the Rolls.
Yours with respect Jacob Newman
Genl H. Corlies

Knoxville & Tennessee Aug 23 rd 1845
Sir
I enclose you the declaration of Mrs Rachel Johnston of Monroe County Tenn her husband Thomas Johnston applied for a pension in St Clair County October but died before he made the first draw her husband's Attorney was by the name of Charles Lewis and after her husband's death Mr Lewis sent her $31 annually she does not know the exact amount her husband drew per annum I have no doubt the files in your office will enable you to do justice to the claim
J L Edwards Esq
Yours with Respect Jacob Newman

Jacob Newman
Oct 6 '45

73 Pension Office Sept. Oct. 6, 1845
Sir
The papers in the case of Mrs. Rachel Johnston have been examined and filed —
There is nothing in the testimony which would identify her as the widow of Thomas Johnston a pensioner of the U.S. Whenever it may be shown to the satisfaction of this Office that she is so a pension will be granted to her at the same rate at which he was allowed
Jacob Newman Norville E. Tenn.

FINAL PAYMENT VOUCHER
Received from GAO
FINAL PAYMENT VOUCHER
Received from GAO
No 13.484

WAR DEPARTMENT.
Revolutionary Claim.
I certify that, in conformity with the law of the United States of the 7th June, 1832, Thomas Johnston of the State of Alabama who was a Private in the Army of the Revolution.
is entitled to receive Forty dollars and  cents per annum, during his natural life, commencing on the 4th of March, 1831, and payable semi-annually on the 4th of March, and 4th of September, in every year.
GIVEN at the War Office of the United States, this Twentieth day of July , one thousand eight hundred and thirty- three .
John P. Ross Acting Secy of War.
Examined and Countersigned. }
J. L. Edwards
Commissioner of Pensions.
FINAL PAYMENT VOUCHER
Received from GAO

1113 N. Jackson St. Little Rock, Ark. May 4th, 1937.
Commissioner of Pensions, Washington, D.C.
Dear Sir:-
The Dept. of Archives, State Of Alabama, lists a Thomas Johnston, resident of St Clair Co. as receiving a pension, June 7, 1832, for services as a Revolutionary Soldier in the Va. Continental Lines. Recorded: Rev. Pension Rolls, Vol. XIV, Sen. Doc. 514, 23rd. Con. Sess. 1833-34. What County in Va. was his home?
Will you please see if there is any of the children of this man or his wife mentioned. I am trying to find a connection between this Thomas Johnston and Burrell Harrison Johnson or his father Thomas.
Will you also see if Gilbert Johnston of North Carolina, who settled there in 1745, drew a pension for Rev. service., if so are his children mentioned?
Thanking you for the above information, I am,
Sincerely yours,
Nell R. Morton
(Mrs. Carl R. Morton)

State of Tennessee ss
Monroe County
On this 15 th day of April 1846 personally appeared before the subscriber a Justice of the peace for the county aforesaid Mrs Rachel Johnson aged Seventy Six years and after being first duly sworn according to law doth on her oath make the following affidavit in order to obtain the benefit of the provision made by the act of congress passed March 3 rd 1843 entitled an act granting One years pay and pension to certain widows and the act to amend the act entitled an act granting Four years pay and pension to certain widows passed June 17 th 1844 that she is the widow of Thomas Johnson who was a soldier in the war of the Revolution for particular of marriages she refers the department to her former Declaration under the act of July 7 th 1838 that she is the identical widow and relic who drew the pension of her late husband Thomas Johnson who died in St Clair County State of Alabama of Seventy Dollars and fifty cents for his said service
Rachel her Johnson mark
(seal)
Sworn to and subscribed on the day and year above written before me a Justice of the peace for the County aforesaid and I do further certify that I am well acquainted with the aforesaid Rachel Johnson and that full faith and credit is due her Rachel Johnson statements given under my hand and seal the day and year above written
James Sewell
(seal)

State of Tennessee } ss Monroe County }
On this 15 th day of April 1846 personally appeared before the subscriber a Justice of the peace for the said County Mrs Elizabeth Adams aged sixty one years who being first duly sworn according to law doth on her oath make the following affidavit that she was well acquainted with Thomas Johnson who died in St Clair County State of Alabama in the year 1832 and is well acquainted with his wife Rachel Johnson at this time a resident of this Monroe County Tennessee and knew them that is Thomas and Rachel Johnson to time together as man and wife affiant do further declare that Rachel Johnson is the identical widow of Thomas Johnson Deceased that she drew seventy Dollars and fifty cents the means of pension that was due her husband at his death
Elizabeth Adams
Sworn to and subscribed on the day and year above written before me a Justice of the peace for the County aforesaid I do further certify that I am well acquainted with Elizabeth Adams and that full faith and credit is due her Mrs Elizabeth Adams Statements given under my hand and seal the day and year above written
James Sewell

State of Tennessee } I John A Stephens clerk Monroe County } of the county court for the county and state aforesaid do hereby certify that James Sewell whose name appears to the foregoing certificates was at the time and is yet an acting justice of the peace in and for said county duly commissioned and qualified according to law and that the signature purporting to be his is genuine and that full faith and credit is due all his official acts as such
In testimony whereof I have hereunto set my hand and affixed my seal of office at office in Macclureville the 15 th day of April 1846
John A Stephens clerk By C. E. Griffiths D. Clerk

57 Thomas Johnston Payments to be made at Mobile. by P. M. B. Bank. Agent for paying Pension- ers, in the Agency of Alabama.
RECORDED JAN 11 1841 PENSION OFFICE
Recorded in the Pension Of- fice, in Book E. Vol. 8. Page 46 by W. J. (A. Sner) Clerk.

51 Thomas Johnson
$72.67
2 o N. 1834 Dup.
mobile, ala -
29 o . 1835
Bry - 3
C - 3
Third Auditor Office Suspended
In explanation
The signature of the attorney to the Oath of the Attorney and to the receipt appears to be wholly different.

653-1830- GA May 1, 1964
FINAL PAYMENT VOUCHER
Received from GAO
Received from GAO

State of Alabama St Clair County } ss
On this 6 day of March 1846 Personally appeared before the subscriber a Justice of the peace for the state and county aforesaid Mr Thomas Johnson in his Forty Eight year and after being first duly Sworn according to law doth on his oath make the following affidavit that he was well acquainted with Mr Thomas Johnson since up to the day of his death and is also well acquainted with his wife Rachel Johnson at this time a resident of Monroe County Tennessee affiant do further declare that Rachel Johnson is the identical widow of Thomas Johnson senior that she drew the means of pension of Seventy Dollars and Fifty Cents of her late husband Thomas Johnson Deceased
Thomas Johnson
Sworn to and subscribed before me a Justice of the peace for the county and state aforesaid and I further certify that I am well acqu- ainted with Mr Thomas Johnson senior and that full faith and credit is due his Thomas Johnson senior Statement in witness whereof I have hereunto set my hand and seal the day and year above written
John Collins ss Justice of the Peace

The State of Alabama } Selma County }
I Robt Philips Clerk of the County Court in and for said County do hereby Certify that John Collins is now and was an acting Justice of the peace at the time that he signed the foregoing Certificate in said County duly commis- ioned as the law requires and that the signature there- purporting to be his is genuine.
In testimony whereof I have hereunto set my hand and seal of office done at office in Askeville this 17 th day of March A.D. 1846
Robt Philips Clerk of the County court

Declaration
In order to obtain the Benefits of act of Congress of February 2 th 1828 entitled an act making further provision for surviving widows and Soldiers of the Revolution State of Tennessee On this 8 th day of October 1849 Memphis County } personally appeared before me John Spears a Justice of the peace for said County and State aforesaid Rachel Johnson a resident of the State of Tennessee in the County of Memphis Aged 78 years who being first duly sworn according to Law doth on her oath make the following Declaration in order to obtain the benefits of the provision made by the act of Congress passed on the 2 th of February 1828 granting granting pensions to widows of persons who served during the Revolutionary war that She is the widow of Thomas Johnson who was a private in the Revolutionary war and that She drew a pension under the act of Congress of June the 17 th 1844 at the rate of Forty Dollars per annum She further declares that She is still a widow Sworn to and Subscribed on the day and year above written before
John Spears Justice of the peace
her Rachel Johnson mark
State of Tennessee I John Spears a Justice of the Memphis County } peace for the County and State aforesaid do certify that I am personally acquainted with Rachel Johnson who has sworn to and Subscribed to the above Declaration and that She is the same person who drew a pension under the act of Congress of June the 17 th 1844 at the rate of forty Dollars per annum and She still continuing a widow
In testimony whereof I have hereunto set my hand and seal this 8 th day of October 1849
John Spears Justice of the peace for Memphis County Tennessee

State of Tennessee } McMinn County } I Geo W. Mayo Clerk of the County Court of McMinn County do hereby certify that John Spence Esq, before whom the foregoing declaration was made, and who has signed officially the foregoing certifi- cate, was at the time of so being a Justice of the Peace in and for the County and State of aforesaid duly Com- missioned and sworn.
In testimony whereof I have hereunto set my hand and af- fixed the seal of my Office at Officer in Athens this 11 th day of Oct. 1849.
Geo W. Mayo Clerk.

12157
ad 43 8614
ad 44 522
Re Sept. 3. 1845.
Rachel Johnston
Temp
Act. 7 July 1838
M o 85. L. D. 1832 (29th Dec r )
admd 12 mo pri
740  Seneca
Seneca
also acts of 43. & 44
Seneca
~ C1
Mr. J. H. Crozier A.R.

Mr. H. H. Cooper H. H.
2
R. F. G. Fleming
Knoxville
Tennessee
12 mo. free
M. 85. A. 1832 (29th Dec.)
Oct. 7 Aug. 1838
Rachel Johnson
On Sept. 3. 1845.
(w/ 46 392)
aa 43 8617
19137

State of Virginia &c Washington County &c
Extract from the record of the certificate of marriages solemnized by John Frost, in the county of Washington for the year 1785. "Certificate of marriages solemnized by me agreeable to the license legally obtained. One thousand seven hundred and eighty five, April. Thomas Johnston to Rachel Mullen. John Frost." I Jacob Lynch Clerk of the court of the said county of Washington, do hereby certify that the above is a true extract from the records of the said court, with the exception of the date, which is expressed on the record in fair legible figures, as follows: "1785 April". In Testimony whereof, I have hereunto subscribed my name, and affixed the seal of the said court. This first day of May in the year of our Lord one thousand eight hundred forty five
Jacob Lynch Clk

Calhoun Octa 19 th 1847
Dear Sir
Enclosed you will find Declaration of Rachel Johnson who has drew a pension under the different Acts of Congress. She now claims under the Act of February 2 nd 1848 which I request to be Examined and if she is Entitled to a pension Certificate sent
I am Sir yours Respectfully
John Hambright
Address John Hambright Calhoun Tennessee.