Revolutionary War Pension and Bounty Land Warrant Application File S. 31180, for Aaron Kendall, Massachusetts

SERVICE
NUMBER
Kendall, Aaron or Aron
S 31180
CONTENTS

Kentucky 25395
James Kendall of the State of Kentucky who was a private in the company by Captain  Flitton of the regt commanded by Col. Harrison in the Maryland line for service
Inscribed on the Roll of the State of Kentucky at the rate of 30 Dollars 00 Cents per annum to commence on the 14th day of March, 1831.
Certificate of Pension issued the 1 day of July 1832 and 1832 James Kendall
Arrears to the 14th of March  1832 Semestral allowance ending March 14  1832
{ Revolutionary Claim, Act June 7, 1832. }
Recorded by D. A. [unintelligible] Clerk Book 3 Vol. 1 Page 16
order to pay Nov. 24. 1836 Letter to Mrs. G. Davis & B. and 3. early 1840
Paid at the Treasury under the Act of the 4th April 1838, from 4 March 1838 to 4 March 1839. Age notified 23 rd Jan y 1840
Rev. Doniphan 28 th May 1854. Rev. Doniphan 26 th Sept 1854.

27.497
Aaron Kendall Kent
W. C. Marshall Augusta, Kentucky

State of Kentucky Bracken County set
On this 19 th day of September 1833 personally appeared in the open court before the circuit court of Bracken now sitting Aaron Rendell a resident of Bracken County and State of Kentucky a good and true forty 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 act of Congress passed June 26 th 1832. That he entered the service of the United States under the following named officers, and served as here in stated. He volunteered as a militia man in the town of Frederick Maryland under Captain Ralph Hillary for the term of nine months. Lieutenant not reelected. Major Henry Baily commanded the Battalion Col Thomas the officers not reelected. He volunteered in order to meet corn wallis and as soon as he was marched from the place of volunteering to Norlands ferry on the Potomac river where he took charge of a number of prisoners with the said prisoners to Frederick, and continued there as a guard until the time for which I volunteered expired having served the space of nine months. There were six companies of us stationed at Frederick. The different companies as far as reelected were commanded by Captains Nichols. Betty or Brady. Minn Chester. Ut and James chaplain. After my term of service had expired I received a written

a written discharge I have no recollection of it but if I did I have lost or misplaced it. I know of no person by whom I can prove my service nor live any save Joseph Madam who lives in Fleming County & state aforesaid whom in former times I used in practicable for me to procure his testimony here in my self inform and in convenient in attending the Court of the County in which he resides. his affidavit I have and pray the same may be taken as a part of this declaration.
1 Where and in what year were you born? I was born in Pennsylvania Philadelphia County in the year 57
2 Have you any record of your age, and if so when visited? I have my age set down in a little which is at my house
3 Where were you living when called into service, when have you lived since the Revolutionary War, and where do you now live?
I was living in Frederick County where Mary lived when I entered the service I lived in the same County until I came Kentucky where I now live
4 How were you called into service: were you drafted or did you volunteer, or were you a substitute and if a substitute for whom? I entered as a volunteer
5 State the names of some of the regular officers who were with you the troops where you served such Continental and Militia Regiments as you can recollect and the general circumstances of your service? I have stated all the circumstances and officers that I now recollect in the body of my above statement
6 Have you any record of discharge from the service and if so from whom was it given, and what has become of it? I never did receive a written discharge to my recollection, and if I did I do not now recollect it.
7 State the names of persons to whom you are known in your present neighborhood, and who can testify as

as to your character for truth and veracity, and their belief of your services as a soldier of the revolution. I am acquainted with Thomas P. Thomas, Thomas Winslow and several others who can testify for me. He hereby relinquishes every claim whatever to a pension or annuity except the present, and dis- closes that his name is not on the pension roll of the gov- ernment of any state. Witness to and subscribed the day and year aforesaid
Aaron Kendall
Mr Thomas P Thomas a clergyman residing in the county of Bracken state of Kentucky and Thomas Winslow residing in the same hereby certify that we are well acquainted with Aaron Kendall who has subscribed and sworn to the above de- claration that we believe him to be 76 years of age that he is respected and beloved in the neighborhood where he resides to have been a soldier of the revolution and that we are in the opinion - Witness to and subsc- ribed the day and year aforesaid Thos. P. Thomas Thos. Winslow
And the said court do hereby declare their opinion of the merits 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 Thomas P. Thomas who has signed the pre- ceding certificate, is a clergyman, resident of Brack- en county and a respectable person and that Thomas Winslow who has also signed the same is a resident in the same place and is a credible person, and that their statement is entitled to credit
I John Payne Clerk of the Bracken circuit court do hereby certify that the foregoing con- tains the original proceedings of the said court

in the matter of the application of Aaron Kendall for a pension.
In testimony whereof I have hereunto set my hand and seal of office this 24 th day of Septem- ber 1833.
J. H. [unclear]

Aaron Kendall Aug 20 th 1832
Rev. Mr.
C. R.

Augusta Ky Sept 13 th 1854
Secretary of the Interior War Department —
Dear L. P.olds —
Some time since I wrote You in relation to the claim of the children of Aaron Kendall late a pensioner, and You answered me on the 25 th May — informing me that I must furnish You with the date of the marriage of Aaron Kendall, He married in Frederick County Md the 6 th November 1798 — Died the 20 th April 1841 — Leaving a widow, who died April 9 th 1849 — She being the same woman to whom he was married in 1798 — These are the facts You required — If the children are entitled to anything infor- -m me how to proceed.
Respectfully Yours Jos D. Humphreys

27. 497
Aaron Kendell Kentucky
d.
from private 9 months #30.
W. C. Marshall Augusta, Kentucky.

WAR DEPARTMENT,
Pension Office.
Sir:
The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in a tabular form. On comparing these papers with the following rules, and the subjoined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will shew what is necessary to be done. 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 Aaron Hensell
   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.     9 1 st Col. Hillery Col. Thomas. 74 M o Traditionary and one witness not certified to be credible (see note)  
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 at 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 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 used in the investigation of his claim, and in the comparison of his narrative with the events of the period of

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. 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.
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.
[k] This traditional evidence is indispensable in militia cases.
[l] If a witness cannot be found, the declarant must state the fact.
[m] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.

31 180 Rev INVALID.
File No. 31 180
Aaron Kendall
Rev Rev War
Act: James V a 32
Index:—Vol. 9 , Page 919
[Arrangement of 1870.]

Southern Bank of Ky Lexington Nov 12 th 1836
J. L. Edwards Esq. (Commissioner of Pensions)
Sir
Enclosed are the papers of Aaron Randall - Providence for your inspection, he not having drawn a pension for eighteen months. -
Respectfully
John C. Calhoun
John Jacob Astor Dr William Lloyd

Augusta Me
May 20 th 1854
Room in inner of Pensions Dear Sir,
Asa Kendall a revolutionary soldier drew a pension up to April 20 th 1841, when he died leaving a widow, who died the 9 th day of May 1849 - Say Eight Years after her husband - without receiving any pension from the Government,
Please say whether under the existing laws of Congress Mrs Kendall was or not entitled to something during her widow hood, and if so how much? and whether she being entitled does it not descend to the children of Asa and wife?
Favor me with a response to these enquiries
Most Respectfully
Yr Obed Servt
Isaac D. Dinsmore

TREASURY DEPARTMENT,
Second Comptroller's Office,
January 6 th 1840.
Sir:
Under the act of the 6th of April, 1838, entitled "An act directing the transfer of money remaining unclaimed by certain Pensioners, and authorizing the payment of the same at the Treasury of the United States," Patron Kendall , — a Pensioner on the Roll of the Kentucky - Agency, at the rate of Thirty Dollars and _____ Cents per annum, under the law of the 7 th June 1832 , has been paid at this Department, from the 1 st of March, 1838, to the 1 st March, 1839.
Respectfully, yours,
Wilson S. Parrish Comptroller.
To the Commissioner of Pensions,
Present.

State of Kentucky } S.t Fleming County }
Before me James Harrison justice of the peace in and for the county aforesaid appeared Joseph Kalladdin aged Seventy five years and made oath in due form of law that in the year 1781 in the month of April, he knew Aaron Wendall (who is now present, and is about the age of this affiant) in the State of Maryland, and that the said Aaron Wendall turned out as a volunteer in the Regiment commanded by Col d Thomas at Fredericktown in Maryland about the first of April 1781 as aforesaid and continued for Nine Months in the service of the United States under the said Col d Thomas who was the Col d of Montgomery  Frederick County Major Montjoy Bailey and Captain Ralph Neilly commanding the Company. The services as above stated this affiant has a personal knowledge of having served in the same Regiment and Company with him. The word Montgomery struck out & Frederick The above affidavit subscribed & inserted before me and sworn to this 9 th day of March  June 1830 May 1830 before me } Joseph Kalladdin his Mark James Harrison J.P.

Kentucky - Fleming County ss.
I Esbua Stockton clerk of the Fleming County Court hereby certify that James Harrison Esq. now deceased was at the time of signing the foregoing Certificate an Acting Justice of the Peace in & for said County duly Commissioned & qualified as such according to law, and entitled to credit, and that his signature is genuine.
In testimony whereof I have hereunto set my hand & seal of office this 28 th day of Sept. 1855. Esbua Stockton clk
State of Kentucky Fleming County ss.
I Dorsey K. Stockton a justice of the peace in and for the County of Fleming hereby certify that James Harrison Esq. the justice of the peace before whom
the within affidavit of Joseph Madden was made, has departed this life, and I further certify that I am well acquainted with the within named deceased affiant Joseph Madden and that he is a man of good credit & well worthy of belief.

In testimony whereof I have hereunto set my name & affixed my seal this 4 th of
December 1833
D. R. Stockton (L.S.)
Fleming County set.
I Joshua Stockton clerk of the court of Fleming Certify that Levey R. Stockton who has signed the foregoing certificate is a justice of the peace for the county of Fleming duly commissioned & sworn, and was at the time of signing the same a true to wit his signature is genuine.
In testimony whereof I have hereunto affixed my hand and seal of office This 4 th day of Dec. 1833.
Joshua Stockton, c.c. I.