Revolutionary War Pension and Bounty Land Warrant Application File R 10389, for Samuel Tanner, Virginia

SERVICE
NUMBER
U.S.
Tanner, Samuel
P 10389
CONTENTS

Saraue Tannen - 4/1/18
Sachsen 186-
Not En 6/18
Regel

Samuel Tannen. Applicant.
I the undersigned Samuel Tannen in pursuance of the requirements of the bounty given for the following statement of my age & services - I am about sixty odd years old. - I was 14 or 15 yrs old at the close of the war of the Revolution - and subsequently have done my service as a soldier in said war. - but I was in service in the Indian war. Asst. Justice wants my declara- tion to which I gave the same narrative I have given. In witness of all which I here to subscribe my name. Decr. 26 1834
W. Stratton M. Attest.
Sam l Tannen Mark
A copy W. D. Dargleton Jan y 1. 1835.

State of Virginia } County of Jackson } P.
On this 22 d day of June A D 1833 personally appeared before me the subscriber a justice of the peace in and for the County of Lewis and State of Virginia Samuel Tanner a resident of Spring Creek in the County of Jackson and State of Virginia aged 74 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 act of Congress passed June 7 th 1832. That he entered the service of the United States under the following named officers and served as herein stated. In April in the year 1777, in the County of Rockbridge in the State of Virginia, he volunteered as a private in a company of Militia commanded by Capt — Hall, marched to Lexington in the said County, where the said company assembled & was organized. & about the 10 th of May commenced a march towards Point Pleasant at the mouth of the Great Kanawha river — marched via Warm Springs & Hot Springs in Bath County. Crossed Gauley river 5 miles from the Hot Springs — proceeded to the fort where Lewisburg now is there joined a few companies of regulars & Militia under command of Col. George

Shillern, remained here two or three weeks, for the purpose of obtaining a fresh supply of cattle & other provisions - then proceeded on the march by Walkers Meadows on the head of the Meadows river, crossing the Small Mountains, fell on to Gauley river near its mouth crossing the same fell on to the Great Kanawha a short distance below the falls thereof. lay here a week or two in consequence of some sickness among the officers - then proceeded on the march to Point Pleasant where they arrived some time in the month of August. found the fort garrisoned with a few regulars under command of Capt. Matthew Arbuckle. Halted at Point Pleasant in expectation of being joined by Genl. Hand from Fort Pitt & then proceeded against the Indian villages on the North east side of the Ohio. In October some of the company to which declarant belonged was on the West side of the Kanawha river hunting - one of whom was killed by some Indians who were lurking about. at which the soldiery became greatly enraged, & proceeded to the guardhouse and killed Cornstalk & some other Indians who were detained as hostages in the fort. Soon after this event Genl. Hand arrived without

an army, in consequence of which after a few days consultation the expedition against the Indians was abandoned, and some time in Nov. they left the fort and retraced their steps to the forts on the Greenbrier river, arrived here in Dec. rested a few days then the com- panies separated and decarants was marched to his county Rockbridge. arrived at home about the first of Jany 1778. having served 8 months and about 20 days. as a private Militia man. In the year 1779 he emigrated to the frontier settlements on the Greenbrier river and in February 1780 volunteered as an Indian spy. was stationed at Col. Andrew Donnelly's Fort, & placed by Col. Donnelly under the immediate command of Lieut. John McClellan and during the spring, sum- mer & fall of this year made many ex- cursions in the adjacent countries spying- to wit, on the Greenbrier, Kanawha. Meadow Gauley, Cole and Guy andott rivers. and re- porting periodically to the fort. was near the last of Nov. 1780 dismissed by Col. Donnelly. having served as an irrigate indian spy 9 months. In June 1781 in the county of in the State of Virginia he again volunteered as a private Indian spy. was placed under the command of Ensign George Hamilton was engaged in spying

as in the preceding year, subject to the orders of Col. Donnelly at whose fort they were stationed, and to whom they from time to time reported, was engaged in spying from June 1787, untill December 1787 making six months additional service.
In May 1783, he again volunteered as an Indian Spy in the said County of Greenbrier and was again stationed at Donnellys Fort & placed under command of Ens. James Grayham, was engaged in spying & reporting to the said Fort subject to the orders of Col. Donnelly untill Nov. was then dismissed having performed six months additional service as a private Indian Spy. He was born in Augusta County Va now Rockbridge on the 15 th May 1759, was living there when first called into service, from thence moved to Greenbrier Co. where he lived untill the year 1798 when he moved to Monongalia County Va where he resided untill the year 1822 at which time he moved to Jackson then Mason County W a where he still lives — He has no documentary evidence by which to prove his services he was at the end of the first term of service discharged by Capt. Hall

but not knowing it ever could be of service to him did not preserve it - at the end of each years service as an Indian spy he was merely dismissed He knows of no man living whose testimony he can procure by which to prove his services.
He hereby relinquishes every claim what- ever 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.
Sworn to and subscribed the day and year aforesaid
his Samuel xy X Tanner mark
To the seven several interrogatories presented by the war Department he answers as follows viz - To the
1 st I was born in Augusta now Rock- bridge County in the State of Virginia on the 15 th May 1759.
2 d I have no record of my age. I remember the account thereof given me by my parents.

3 rd When called into service I was living in Augusta now Rockbridge county Va. I moved from there to Green- brier Co. Va in the year 1779. and was living there when I entered the service as an Indian spy. I have since lived in Monongalia Cal. I now live in Jackson county Va.
4 th I volunteered
5 th At Point Pleasant I seen Capt. M c Arbuckle a regular officer who commanded the Garrison at that place, I also seen Genl. Hand who came down the Ohio from Fort Pitt. & Col. George Skillen who commanded the Bottletown Troops Capt. Hall. Stewart & Militia officers. at Col. Donnelly's fort - I knew. Col. Donnelly Col. Stewart. Capt. Hamilton & Capt. Stewart.
6 th I rec d a discharge by Capt. Hall which is lost. signed by Capt. Hall. From the service as a spy I was only dismissed.

74 I am known to Elijah Runion & Jesse Carpenter in my neighborhood who can testify to my character for veracity & —
We Elijah Runion and Jesse Carpenter residing in the county of the Jackson in the state of Georgia hereby certify that we are well acquainted with Samuel Tanner who has subscribed and sworn to the preceding declaration, that we believe him to be 74 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.
Elijah his Runion mark
Jesse Carpenter
Sworn and subscribed the day and year aforesaid.
And I the said Justice of the peace do hereby certify and declare my 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 I the said Justice do further certify, that it appears to me that Elijah Runion and Jesse Carpenter who have signed the preceding certificate are credible persons and that their statement is entitled to credit. And I the said Justice do further certify that there is no clergyman living in the neighborhood of the above named applicant. And that he (the said Applicant) resides more than 20

miles from the Court house of the said County of Jackson, and from bodily infirmity is unable to travel thereto. And I the said Justice do further certify that the foregoing contains the original proceedings of my self in the matter of the application of Samuel Tanner for a pension. In testimony whereof I have hereunto set my hand and seal this 22 nd day and year aforesaid of June 1833.
Thos Boggs (Seal)
I Benjamin Wright Clerk of the County Court of Jackson County in the State of Virginia do hereby certify that Thomas Boggs is a Justice of the peace in and for the said County of Jackson duly commissioned and qualified as such, and that his acts as such are entitled to full faith and credit, as well in the said Court as elsewhere. In testimony whereof I have hereunto set my hand and private seal there being no seal of office this 4 th day of July — 1833.
Benjamin Wright (Seal)
I do hereby certify that Benjamin Wright is Clerk of the County Court of Jackson County Va. and that the signature above is in his proper hand writing July 29 th 1833. Lewis Maxwell

Samuel Panner Virginia
Rejected
See Mr. Gaulton's Report
Enclosed
Feb 16 clear: 35 Cts Clerk
10389

26.392
Samuel Tanner
J. H. Allen & v-a
R.
auth?
29 Oct 1803
Prof. Wright Esq. Clerk of Jackson Co Ga

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 show 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,  showing the Service of
   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.      
I am, respectfully,
Your obedient servant,
J. L. EDWARDS,
Commissioner of Pensions.

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

alleged service, as they are known at the Department. A very full account of the services of each person will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.
The Court will propound the following (m) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.
 1. Where and in what year were you born?  2. Have you any record of your age, and if so, where is it?  3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?  4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom?  5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services.  6. { To a Soldier. } Did you ever receive a discharge from the service, and if so, by whom was it given, and what has become of it? { To an Officer. } Did you ever receive a commission, and if so, by whom was it signed, and what has become of it?  7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution. 
The Court will see that the answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant.
The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons—one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion. If one of these persons is a Clergyman, the Court will so certify, and they will also certify to the character and standing of other persons giving such certificates.
The traditional evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party. And the Courts are requested to be very particular in the 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.

Acts of July 14, 1862, and March 3, 1870.
REJECTED
10,389
P.O. Sam L. Tanner
Service: _____
Enlisted: _____, 18 .
Discharged: _____, 18 .
Application filed: _____, 18 .
Alleges: _____
Re-enlisted: _____
Attorney: _____
P. O. _____
_____ Recognized. _____ Contract.
_____ Cert. of Dis. Searched for _____, 18 .

26. 892 Samuel Tanner

I Benjamin Wright Clerk of the County Court of Jackson County in the State of Virginia do hereby certify that James Baggs is a Justice of the peace in and for the said County of Jackson duly commissioned and qualified as such and that his acts as such are entitled to full faith and credit, as well in said Court as thereout
In testimony whereof I have hereunto set my hand and seal of office this 18th. day of November 1833
Benjamin Wright