Revolutionary War Pension and Bounty Land Warrant Application File S. 31171, for John Jones, Virginia

SERVICE
NUMBER
Pa.
Jones, John
S. 31171
CONTENTS
1. Oct. 1768 in Albemarle Co. Va. res at Mt. Grafton Co. Va. res in 1822 Holloway Co. Ky.

Kentucky 13507
John Jones Alliance in the State of Kentucky who was a sergeant in the Company commanded by Captain Irwin of the Regt commanded by Col. Mathews in the Virginia line for 2 1/2 months prior of the 1 1/2 2 Sergt of the
Enrolled on the Roll of Kentucky the rate of 24 Dollars 38 Cents per annum commence on the 4th day of March, 1831.
Certificate of Pension issued the 13 day of May 1833 and dated at  at Lyndon of  of  of bears to the 4th of March $49.16 Remnant allowance ending at 12 29 $61.45
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by Daniel Boyd Clerk Book 6 Vol. 7 Page 15

24025 Joe Jones Calvin Kentucky
Loring Matthews Va
Jan 17 19 June at 6:45 AM at 10:30 AM at 12:30 PM at 2:30 PM at 4:30 PM at 6:30 PM at 8:30 PM at 10:30 PM 24.58
Wm H Logan Hopkinsville Ky

WAR DEPARTMENT,
Pension Office,
183
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 subjjoined 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 Jones  Carroll County State of Kentucky
   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.     Aug 1779 - 2 - Sergt. Capt Ballinger Mr Colonel 72 years Ashurst   Vol 1781 - 1 15 Calvary Capt Barnett Mr Colonel County Virgin Traditionary evidence only   Vol 1781 - 2 - Infantry Capt Lovvick Col Matthews Genl Lesson No Colonel given to the two first hours of service   Sub 1781 - 1 10 Capt Stewart Col Matthews Genl Lesson  
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 and State, Territory or District A. B. a resident (b) of in the county of 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 A. B. Sworn to 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 (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 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 services; 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 years, 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 place 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 (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.

John Jones, 6 months
24023

Commonwealth of Kentucky Calloway County
On this 27 day of Nov Dec. 1832 in the year 1832 personally appeared before Major Judge John Irwin R. E. Rowland James L. Hardy of the Calloway County Court now sitting John L. E. Hardy - of the Calloway County Court now sitting John Jones a resident of the said County and Commonwealth aforesaid aged seventy two 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 the 7th. 1832 That he entered the army of the United States under the following named officers and served as herein stated to wit The said John Jones states that in the month of December 1779 he was drafted for the term of two months and entered the service under Captain Richard Ballinger of Amherst County Virginia (he the said Jones being at that time a resident of the said County of Amherst) and that he being the orderly sergeant of said Ballinger's Company immediately proceeded with said Company to Albemarle Barracks Virginia where they were ordered to take charge of some prisoners which were taken by the Captain of Howe's there he remained till the end of his term when he was discharged and returned home Towards the end of May 1781 he volunteered in a horse company under Capt James Barnett and Lieut John Gilmore This company was raised for the purpose of opposing Col. Tarleton a British officer who was then making an inroad upon Charlottesville He states that he found his own horse and arms and immediately proceeded with said Company towards Charlottesville but was too late to fall in with Tarleton he having left that place & neighborhood He states that he together with his company proceeded on towards Richmond & that he was in a skirmish with a party of British at a place called the Burnt Tavern after six weeks service Capt Barnett returned home and this applicant with him and was discharged About 1 st August 1781 he volunteered again under Captain John Loving and rendezvoused at the mouth of Rockfish River on James River where he joined a regiment under command of Col Sampson Matthews & Major Duvall He states that

he proceeded under said Officers towards Richmond till they joined the American Army and Brigade Thoms under Genl Sullivan after which Sullivan crossed James River at Carters ferry Marched down the River till opposite old James Town, recrossed James River and from there marched on through Williamsburg and arrived at Little York three days after the siege of that place had commenced by which time his term of two months had expired & he was discharged He states that he did not quit the service but immediately entered again for two months as a substitute for James Birt under Capt Stuart & Lieutenant Charles Eder of the same Regiment under Major Duvall & Col Matthews who were under Genl Sullivan at this time of the line of Genl Lafayette whom the applicant knows well during the siege of Yorktown He states that he was in service during all the siege spending most of the time in the intrenchments and after the surrender of Cornwallis he proceeded under his capt to Guard or conduct the prisoners to Winchester Barracks a distance of 184 miles he believes from York There he remained some time when he was discharged about two weeks before the expiration of his term of service having served six weeks under Capt Stuart. He states that he entered each term of service for two months but that his actual service in the horse company under Capt Barnett amounted only to six weeks he being discharged before the expiration of his term as was the case in his last term of service under Capt Stuart He states that he always received regular written discharges but paying no regard to them they are gone and he knows not how they were lost He never received any pay for his services except perhaps a few dollars for serving as a substitute which then was good to light a pipe with He states that from his fathers Record of his age he was born 13 February 1760 in Albemarle County Virginia That he moved from Virginia to Kentucky in the year 1787 in which state he has resided ever since He has no documentary evidence of his services nor does he know of any living witness who could testify to his services except one who is perhaps yet living named Thomas Johnson who could only testify as to his services at the siege at York

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 whatever
John Jones
Sworn to and subscribed in open court the day and year aforesaid
Wm Burn Ch.
Mr Jones
We Abraham Copeland a clergyman & William Jones both being residents of the said County of Galloway and comm- -onwealth of Kentucky hereby certify that we are well acquainted with John Jones who has subscribed and sworn to the above declaration that we believe him to be seventy two years of age that he is reputed and believed in the neighbourhood where he resides to have been a Revolutionary soldier and that we concur in that opinion no doubt having ever been entertained of his having been such
Abraham Copeland
William Jones
Sworn to and subscribed in open court the day and year aforesaid
Wm Burn Ch.
And the said court do hereby certify 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 Abraham Copeland who has signed the preceding certificate is a clergyman Residing in the said County of Galloway and state of Kentucky and that Mr Jones who has signed the same certificate is also a Resident of the same county and state and is a credible person and their statement is entitled to credit
John Jones
R. D. Hawland (Seal)
E. Hardy (Seal)
Given under our hands and seals as parties of said court the day and year aforesaid

State of Kentucky      I William Lord clerk of Calloway County ss: the calloway county court do hereby certify that the foregoing contains the original proceedings of said court in the matter of the application of John Jones for a pension In testimony whereof, I have hereunto set my hand and seal at said office this 21 st day of February 1833      Wm Lord
John Jones 6 months
140 21 3

31171 Rev INVALID.
File No. 31171
John Jones Di Rer var
Act: James  7 th  189 th
Index:—Vol. 9 , Page 215
[Arrangement of 1870.]