Revolutionary War Pension and Bounty Land Warrant Application File R. 10,308, for John Summers, Virginia

SERVICE
NUMBER
Va.
Summers John
R 10308
CONTENTS

State of Alabama Jackson County 3 p -
On the 3 rd day of February 1833 personally appeared in Open Court, (it being a Court of record), before me Thompson Rector Judge of the County Court of Jackson County now sitting, John Summers, a resi- dent of said County, and State of Alabama aforesaid, aged about twenty three years, who be- ing first duly sworn according to law, doth on his oath make the following declaration in order to obtain the benefits of the Acts of Congress passed June 7 th 1832. -
That he entered into the service of the United States as a volunteer, in the year 1780. and served under the following named Officers, against Tories & Indians, to-wit, The Militia Regiment Com d by Col Benjamin Logan, & Genl. George Rogers Clark Com d in Chief - his Captain's name was Deacon Miller, Isaac Brigadier Lieutenant, Ensign's name not now recollect d , and that he marched under the Com d of these Officers, against the Shawanoes & Wyandot, Tribes of Indians. - That he was in the battle fought at the Peleg- way, Towns, situated on a branch of the big Miami River. And in the following year, he volunteered himself again, and served in Captain Sam's Rhea's Company, John McMurtry Lieutenant and Elisha Groom Ensign. These troops were also Com d by Genl. Clark, & Col. Logan

and distanced against the Northern Indians, and was again in a battle fought at the head of the Great Miami, and in the year 1782 the Indians still continuing their depredations on the settlements in Kentucky, he volunteered himself again, and served under Colonels Todd, Trigg, & Major Harland, and was in the battles fought some short distance from the Lower Blue Licks, on Licking River, against the Tories & Indians —
He further states that he has no documentary evidence of his service, and that he knows of no person whose testimony he can now procure with regard to the same, excepting his brother Samuel Sumner, whose evidence will accompany this statement. And 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 the Agency of any State to and subscribed to the day & year aforesaid
Have you any record of your age if so where is it?
Ans. I have no record of my age in a Dictionary —
Where and in what year were you born Ans. I was born in May 1760. in Augusta County Virginia

where were you living when called into service & where do you now live -
Ans. - I was living on the frontiers of Virginia when called into service - Thence I moved to Lexington to Fayette Co. Kentucky - Thence to Clark Co. Ky. thence to Green Co. Ky. Thence to Barren Co. Ky. Thence, to Warren Co. Ky. Thence to Jackson County Alabama.
How were you called into service - did you volunteer, drafted or a substitute -
Ans. I was a volunteer -
Answer. I never received a discharge
summons I am acquainted with Samuel Davis William Perry, Samuel Williams, Jesse Williams & William Davis & John Campbell - who can testify as to my character for honesty &c. - I was sworn to subscribe this 13 th day of July 1833 - John T. Cummins mark
The Stephen Donathan a clergyman residing in Jackson County Alabama, and Samuel Cummins of the same, hereby certify that we are acquainted with John Cummins who has subscribed & sworn to the above declaration that we believe him to be, seventy three years old - That he is upright & believed, in the neighbor- hood where he lives, to have been a soldier of the Revolution and we concur in that opinion Sworn to & subscribed the day & year aforesaid

Sworn to & subscribed - before me this 13 th day of 1833 Stephen W. Donathem before me Samuel Summers Thompson M c Reynolds and the said Court do hereby declare their opinion after the investigation of the matter and putting the interrogatories, subscribed by the War Department that the above named applicant was a Para- lectionary soldier and served as for states and the court further states certifies that it appears to them that Stephen Donathem who has signed the preceding certificate, is a clergyman residing in the county of Jackson Ala and that Samuel Sum- mers who has also signed the same is a res- ident of the same and is a credible person and that their statement is entitled to full credit
Thompson M c Reynolds Judge of the County Court
I Richard B. Clayton clerk of the county court of Jackson Ala do hereby certify that the foregoing contains the original proceedings in the matter of the application of John Summers for a pension.
In testimony whereof I have hereunto fixed my hand & private seal there being no seal of office at office this 13 th February 1833 -
Richd B. Clayton
The above is the genuine signature of Richard B. Clay- ton, the clerk of Jackson County Court, Ala, who has no official seal. October 1 st 1833. C. C. Clay.

Declaration of John Summers, made in order to obtain the benefit of the Act of Congress passed 7 th June 1832 State of Alabama } On this 31 st day of July 1837 Jackson County } personally appears in open Court, before the County Court of the County & State afore- said, now sitting John Summers a resident citizen of said County & State aged seventy 81 years, who being first duly sworn according to Law, oath on his oath makes the following declaration, in order to obtain the benefit of the Act of Congress passed June 7 th 1832. It is with this that he was born in Rockbridge County Va as he is informing in March 1768 & was removed by his parents at the age of three ten years into the County of Washington where he remain- -ed until March 1779 when removed with a party into Kentucky, & assisting a party in building Fort Whitley, where he remained until August 1780. When he was called upon & volunteered against the British & Indians, who had made a raid into the country & took Riddell & Martin Sta- -tion. In this expedition he joined himself to the Compa- -ny commanded by Capt Isaac Hellar, rendezvous at Logan's Lick; & was marched from thence to the Ohio & crossing that river where Cincinnati now stands & there met Genl Sp: Rogers Clarke of the Continental line, & then by his order we threw up breast works & from this we marched by the order of Genl Clarke to the Chillicothe old Town, which we found had been fired by the In- -dians & abandoned & from this place we marched to the Piqua old Town, where we met the Indians in Battle & defeating them, loosing in killed & wounded on our side six men & took a French man from the Indians who had been prisoner by them & killed sixteen of them; from this place we returned by the same route. Home, having been out one month. Again in 1781 he volunteered under Capt. Kirkham as a guard to a parcel of men who were ordered out by Genl Clarke, to build

canoes on the Kentucky River, for the purpose carrying provisions from the Kentucky River, for the Army un- der Genl Clarke designing to act against the British Indians then on the Big Miami, that he was out in this service for six weeks & returning home. During of this time & after having served as last above stated, he was then issued by Genl Clarke to Col. Gurney to raise a company of spies & hunters, to watch the motion of Indians & to hunt & lay up a supply of provisions for the Army during the following summer campaign, this detachment entering this service & continuing in it for one month when the weather setting in cold they were dis- missed. In 1782 the Militia was called out for the pur- pose of building a Fort at the falls of the Ohio, where Genl Clarke was then stationed with his troops; this detachment also volunteering in this service, & attaching him- self to the company commanded by Joseph Winkler this expedition continued one month when they returned home & were dismissed. In August 1782 this detachment again volunteering in the company of Capt. Gordon, & was marched under the command of Col. Todd & Snapp in pursuit of the Indians that had for some days sur- rounded Bryan's Station, at the Blue Licks we came up with them & engaged in battle & we were overpowering & defeating; loosing in killed, wounded & prisoners not less two of our men, here detachment lost his Capt. who was killed in battle & his Lieut. who was taken prisoner. This expedition lasted five days, when we returned home & were dismissed -ed. In the spring of 1782 & just before the Battle at Blue Licks, by the order of Col. Logan Capt. Gordon raised a volunteer company to guard St. Matthews Great Mill, which the Indians had attempted to destroy, & which was then the sole dependance of a large scope of country for many miles in this service detachment was also a volunteer & continuing to perform this duty for one month, when they were returning

from only by another company.
Shortly after the Battle at Blue Licks in the same year, your disponent again volunteering in the company of capt. Ray rendezvousing at Lexington Ky. & marching from thence un- der the command of Genl. Clarke & Logan, on the expedition against the Indians at what was then called the Chil- licothe new Town & French Store, we took up the line of march from Lexington & crossing the Ohio River at the mouth of Licking, & from thence thro' the old Chillicothe Town, to the new Chillicothe Town on the Big Miami & from there to what was then known & called the French Store, near the mouth of the Miami. In this expedition we destroyed the two Indian Towns killing seven of them, & took thirty prisoners & amongst them found a white woman by the name of M c Paul who had been taken by the Indians. From the French Store we returned by the same route to the mouth of Licking & then owing to the want of provisions we were obliged to give back ascending the Ohio to the Falls. This expedition lasting five weeks.
37 days Again in 1783, he performing another tour of duty as a volunteer, under the command of Lieut. Cooper at the mouth of Miami to protect M c Arthur's mile from Indian depredations; In which department serving for one month, when it was considered that the danger was over & they were assured & re- turning home. In 1784. Department again went as a volunteer in the company commanded by capt. Samuel Jones in the expedition against the Shawnee Town situated on the head of the Great Miami and rendezvousing again at Lexington Ky. & took up the line of march under the command of Genl. Logan, & crossing the Ohio at the mouth of Limestone, & from thence on thro' the old Chillicothe Town & thro' the Pickaway Town & from thence on to Elliott's Town, on the head waters of the Great Miami

During this expedition we destroyed three large & two small Indian Towns, taking between sixty & seventy prisoners; with the loss of only three of our men killed in a Battle fought with the Indians & we all returned Home & was dismissed after an absence of six months in this last military service. Again leaving the late British War at an advanced age he volunteers in the Com- pany commanded by Capt. Glover & marching from Kentucky under the command of Genl. Harrison to Vincennes & from thence to Fort- Harrison on the Wabash & from thence to the head of Illinois River against the Kickapoo Indians but owing to the misconduct of our Guides, we missed the Towns & having beyond them, & there by near defeat in effecting a junction of our forces with those under the command of Genl. Russell who came upon, attacking & destroying their Towns, your deponent. Relates from this expedition in 1813 & believes that Genl. Warren being in the State of Tennessee where he resided until the Fall of 1826 when he moved to & settled in the County of Jackson also where he has ever since lived. That he knows of no person now living by whom he can prove any portion of the services rendered by him as above set forth - Nor has he any documentary evidence by which the facts above can be made to appear as he never receiving any discharge for any of his serv- -ices. 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 or any way of any State whatever. Given to me

Subscribing the 31st day of July 1833 - before me Thompson M. Rector John Summers Judge of the County Court mark Mr William Berry & William Wright mark residing in the County & State aforesaid do hereby certify that we are well acquainted with John Summers who has subscribed & sworn to the above statement that we believe him to be duly apt upon oath; that he is reliable & believing, in the neighbourhood where he resides, to have been a soldier of the of the Revolution & that we concur in that opinion Given & subscribed William Berry his mark the day & year aforesaid William Wright his mark Moses Jones Clerk CC
And the Court do hereby declare their opinion after the investigation of the matter, & after putting the interrogatories, prescribing by the War Department; that the above named applicant - being a Revolutionary soldier & serving as he states, during the war - for their certifying that it appears to them that William Berry & William Wright who have signed the above certificate are resident citizens of the County of Jackson & State of Alabama & both credible per- sons & that their statement is entitled to credit
Thompson M. Rector Judge of the County Court Moses Jones Clerk of the County Court of Jackson County & State of Alabama do certify that the foregoing contains the original pro- -ceedings of the said Court in the matter of the appli- -cation of John Summers for a pension in two

testimony whereof I have hereunto set to my name and affixed my private seal this being no publick seal of office at office The 31 st day of July AD 1837 Moses Jones Clerk CC
I do hereby certify that Moses Jones who made the foregoing certificate was then clerk of the County Court of Jackson County duly elected & commissioned as such and still is so. on the 18 th day of Aug. 1837. Klekasaman Rip in Congress from the 15 th District in Ark which includes Jackson County.

Ans. I know William Berry Williams N. Wright, Leonard Carden, Washington Smith James Terrell, John Campbell & Jonathan Latham.
34. 199
John Simmons Thomas

Interrogatories
1 st . Where & in what yr. were you born? Ans. I was born in Rockdale County Ga in the 1860 - and have you any record of yr age & place so when is it?
Ans. I have none - except the information of my Father & Mother -
3 rd . - Where were you living when called into the service, where have you lived since the revolutionary war & when do you now live? Ans. I lived in Kentucky, & since the war in Tennessee & now in Jackson County & State of Alabama.
4 th . How were you called into the service were you drafted, did you volunteer or were you a substitute for a substitute for whom?
Ans. I was a volunteer - 5 th . State the names of some of the regu- lar officers, who were with the troops when you served, such continental soldiers by name as you can remember & the general circumstances of your service.
Ans. I knew Genl. G. H. Thomas & Chap Moore of the continental line, he recollects no regiments or troops other than are mentioned in his declaration.
7 th . State the names of persons to whom you are known, in the present neighborhood who can testify as to the character for ver- acity & their belief of the service as a soldier of the revolution?

Ans. I know William Berry Williams N. Wright; Leonard Carder, Washington Smith James Drake, John Campbale & Jonathan Latham.
34. 199 John Summers James Drake

No 24515
John Summers Jackson County Alabama
Return e i
R. B. Clayton 6th Jackson County Alabama
Bellefonte

WAR DEPARTMENT,
Pension Office,
30. April ~ 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 subjunct 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 Simmers Jackson County Alabama
   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 - 1780 Not stated private Col Logan, Col Clark Capt Miller, 73 years Frontier of Virginia Traditionary evidence & Virginia's Certificate, witnesses entitled with papers defective, no seal -   Vol - 1781 Not stated " Capt D. Lee, Col Clark Col. Logan   Vol - 1782 Not stated " Col Todd, Trigg and Major Hardin  
I am, respectfully,
Your obedient servant,
J. L. EDWARDS, Commissioner of Pensions.
1. 12 1. 6 1. 12 30

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

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

March 9, 1931
Mr. L. P. Summers Abingdon, Virginia
Rev.& 1812 Wars Section MMHF:MLB
Dear Sir:
You are advised that photostatic copies of original papers on file in Revolutionary War pension claim, R. 10308, of John Summers of Augusta County, Virginia, will be furnished you at the rate of 15¢ per page. The number of pages to be copied is 15.
Should you desire to have them certified, allow 25¢ additional for the set.
The proper amount should be forwarded to this bureau by money order drawn to the order of the Acting Commissioner of Pensions.
The records of this bureau show that Warrant No. 258 for 300 acres of bounty land was issued July 15, 1789, on account of the services of Thomas Barbee, captain of the Virginia Line.
There are no papers on file in this claim because of the destruction of same when the War Office was burned in 1800.
Said records do not show a claim for pension or bounty land on file on account of the services of a Colonel Thomas Barbee.
Should you desire to obtain the location of the land referred to above, address the Commissioner of the General Land Office, this city, furnishing him the number of the warrant, the acreage and date of issuance.
Very truly yours
E. W. MORGAN Acting Commissioner

John Sumner Alabama.
Rejected
See letter 4 Oct 1837 N. Robinson
10308
did not serve six months in a military capacity during the revolution war

Act 7 th June 1833
Rejected
See letter T. st Nov r 1833
To. R. B. Clayton Bellefonte Packson County Alabama
10307

Rev J L Edwards
Quil -
Will confer a favor upon a wearying old man by giving the earliest pos- sible attention to the enclosing application; & give the result of his investigation to me without delay at this place.
Respectfully & yours &c C. P. Robinson
Bellefonte Pa August 21st - 1833

L. P. SUMMERS COUNCELLOR AT LAW ABINGDON, VA.
Dear Sir.
Dec. 29th 1930.
Will you advise me if there is a record in your office of an application of Col. Thomas Barbbe or John Summers of Augusta Co. Va. for a pension or for bounty lands and the costs of photostatic copies of any such record.
Yours Truly.
L. P. Summers L. P. Summers

M.O.# 208392 - $2 25
L. P. SUMMERS COUNCELLOR AT LAW ABINGDON, VA.
Mr. Morgan .
March 11th 1931 .
I am in receipt of your letter of the 9th and in reply will say that I am enclosing Cashiers check for $2. 75 25 for which please mail me at earliest moment, photostatic copies of the 15 pages of proof of claim of John Summers of Augusta County in the American Revolution . Claim R-- 10308 .
Yours Truly.
L. P. Summers L . P . Summers.

Acts of July 14, 1862, and March 3, 1873.
10308
P. O.
John Summers
Service: _____
REJECTED
Enlisted: _____, 18 .
Discharged: _____, 18 .
Application filed: _____, 18 .
Alleges: _____ _____ _____
Re-enlisted: _____ _____ _____
Attorney: _____
P. O. _____ _____ _____
_____ Recognized. _____ Contract.
_____ Cert. of Dis. Searched for _____, 18 .
Receipt 1/2 Photo mailed to A. P. Summers & his atty. at H. A. V.

State of Alabama } Personally appeared Jackson County } before me Thompson M Rector Judge of the County Court for said County John Summers, who in open court, states a supplement to an application heretofore made by him for a pension bearing date the 13 th day February 1833, That he entered the service in the revolutionary war as a private and served six weeks - and again in 1781 he again entered the service and remained one month and again in the same year he entered the service and remained one month - and again in 1782, he was engaged in a battle at the Blue Licks, he was at that time only six days on duty - and again in the fall of the same year he entered the service under Genl. Geo. Clark and Col. Robt. Logan and remained in the service six weeks - Sworn to and subscribed by his in open court this 12 day of Mark 1833
Thompson M Rector Judge of the County Court

And the said Court do hereby certify as an amendment to the within Certificate that the said John Simmons did appear in open Court and make the above statement as a Supplement to the within Declaration there to be made by him and that it is the opinion of the Court that he stands as he states.
Given under my hand & seal this 17th day of September 1833 and your most obedt Servt the Court's Clerk
I Richard Blagdon Clerk of the County Court of Jackson County Alabama do hereby certify that the foregoing contains the Supplemental proceedings of the matter of the within application of James Smith for a partition
In testimony whereof I have hereunto subscribed my name & affixed my private seal there being no seal of office at office in Bellefonte this 17th day of September 1833
Teste R Blagdon Clerk

The name of Richard B. Clayton, who is the Clerk of the County Court of Jackson Coun- ty, Ala., signed to the foregoing Certificate, is his genuine signature - He has no seal of office, and never had, within my knowledge. October 1st 1833.
C. C. Clay.

Cur
April 1, 1931.
Bureau of Pensions. Rev.&1812 Wars Section.
541
XXXXXXXXXXXXXXXXXX
Rev. War claim for pension of John Summers , File No. R.10308. Actual 1 of each page.
$2.25.....15 pages
xxx
Kindly leave margin of 1 1/2 in. at top of each page and return papers in each case in folder with corresponding name and number. The word "omit" written in pencil on those pages which are not to be copied.
Chief, Rev.&1812 Wars Section.

List to L. P. Summers:
Sol. decl. Feb. 13-1833, Stephen Donathan Samuel Summers' affid. & Court record 4 pages Sol. decl. (Sept.) 12-1833 & Court records 3 " Sol. decl. July 31-1837 4 " William Berry & Wm. Wright's affid. & Court records. 2 " Interrogatories 1-7 2 "

April 9, 1931.
Bureau of Pensions. Rev.&1812 Wars Section.
541
XXXXXXXXXXXXXXXXXXXX
Rev. War claim for pension of John Summers, File No. R.10308.
2 pages which were omitted from order of April 1, 1931.
xxx
Kindly leave margin of 1½ in. at top of each page and return papers in each case in folder with corresponding name and number.
The word "omit" written in pencil on those pages which are not to be copied.
Chief, Rev.&1812 Wars Section.