Revolutionary War Pension and Bounty Land Warrant Application File S 4504, for Jacob Layman, Virginia

SERVICE
NUMBER
Va.
Layman Jacob
S 4504
CONTENTS
Carded.

19065 East Tennessee
Jacob Layman of Cocke Co in the State of Tennessee who was a private in the Company commanded by Captain Benj. Withers of the Regiment commanded by Col. Barber in the Virginia line for 7 months and 10 days
1835 June 15 Notice for answr to pensioner's death in 1841 sent to 3rd Aud.
Inscribed on the Roll of East Tennessee at the rate of 24 Dollars 44 Cents per annum. to commence on the 4th day of March, 1831.
Certificate of Pension issued the 2 day of Sept r and Seventh year M c Pherson Secy of War
Arrears to the 4th of March 48.88 Semi-annual allowance ending Sept r 12.22 $61.10
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by Dan Boyd Clerk, Book E Vol. 7 Page 57

10.513
Jacob Layman Cuck 6 Jan 2
from - pirata 7 1/3 mths 10. $24,444 100
Sant. M. Philip.
from Sever 6 H Jan

BRIEF in the case of  Jacob Leayman  County of Cook - in the State of  Illinois  (Act 7th June, 1839.)
 1. Was the declaration made before a Court or a Judge? open Court  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?  3. How old is he? 73 years  4. State his service, as directed in the form annexed. 
   Period. Duration of Service. Rank. Names of General and Field Officers under whom he served.   Years, Months, Days.     17 X 5 Private Col. Berber   2 10 -- Left Brng with Genl. Mahlenberg  
 5. In what battles was he engaged? None  6. Where did he reside when he entered the service? Galapagos Islands  7. Is his statement supported by living witnesses, by documentary proof, by traditionary evidence, by incidental evidence, or by the rolls? No testimony  8. Are the papers defective as to form or authentication? and if so, in what respect? Conceded  The blank seal is defective 
X  Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
X There appears to be an alteration, & interpolation, in this roll (which may be correct)
Nicholas Cottle Examining Clerk.

Providence Glarum
10573.
W. Lewis Gass Was 2d Lieutenant Washington O.G.
15 W. Lewis Gass Providence County Penn. Fencing the country there

Declaration in order to obtain the benefit of the act of Congress, passed June 7 th 1832.
State of Tennessee On this 8. day of Sept. 1832.
Service County 3. Personally appeared in open Court before the Justices of the Court of Pleas and Quarter Sessions, now sitting Jacob Layman a resident of Lewis County and State of said, aged 73. years, who being first duly sworn according to Law, with, 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 — That he was first ordered out by Col. Barber (or. Barnes) to guard the who were taken prisoners to Elbemont Barracks & that these prisoners were Burgoyne's men — That he belonged to the 4 th division of the Virginia Troops — his other officers are not recollected at this time and that Col. Barber said, all those that would help guard the prisoners to Elbemont Barracks should be relieved of a a Subsequent tour which was 8 months months tour and said applicant rendered the services of one of a guard to convey said prisoners to said Barracks — was then discharged and returned home to Calpeppa County Virginia
Said applicant was born in Lebanon  Rutledge County and State of Pennsylvania but had removed to Virginia before the Revolution — Said applicant further states
That he entered the Service of the United States in the State of Virginia Shenandoah County as a Substitute for Reuben Beamer who then lived in B. a. & Shenandoah County — he marched thence to Richmond Va. under the command of Col. Bonylitt and when he arrived at Richmond he was attached to the Infantry under the command of General Mulingburg. Maj. Boyd & others, &c. That he served his tour there for 10 weeks & was discharged & returned home to Calpeppa County Va.

that his service in all, was for a term of more than  more than 7 months that he served in the armies of the United States.
That he soon after the Declaration of Independence was made. He removed to Tennessee soon after which when the present time.
was made. He removed to Jersey he has resided until the present time
he has resided until the present 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 or Territory at no person, living within 75 or 100 miles
is not on the pension roll of the Agency. That he knows of no person, living within 75 or 100 miles where testimony he can procure as who could testify to his services and that he has no documentary evidence to sustain his claim to the benefit of the act of Congress passed 7th June 1832.
Sworn to, and subscribed, the day & year aforesaid. Sivorn, to my own hand . Jacob Lauman
Sworn to before me 3 rd September 1832
Jacob Layman
370 September 1792 Elizabeth Town and Cantonment
We Elijah Moses (layman residing in the State of Tennessee and Lewis County and Mr. (Claple) residing in the same hereby certify that we are well acquainted with Jacob Layman who has subscribed and sworn to the above Declaration that we believe him to be 73. 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.
Stearns & Stearns and last the day of year aforesaid
Yours to in a few hours Elijah Rogers
333 Lepturus P 632
Wm C. Nafus
po de Caeinblek

And
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 Elijah Rogers who has signed the preceding certificate is a gentleman resident in the county of Sevier and State of Tennessee, and that Wm. G. Gaffner who has signed the same is a resident in the State & county aforesaid and is a credible person and that their statement is entitled to credit.
I George W. Gawn Clerk of the Court of Pleas & Quarter Sessions for the County of Sevier do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Jacob Layman for a pension, in testimony whereof I have unto set my hand here, and not of office the 3 d Sept 1832
George W. Gawn Clerk
And

Adolph Lam? M. Philip Sevierville Tennessee
Jacob Deayman

BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of Jacob Leayman book - Temple which require further proof or explanation.
I. Does the declaration show where the applicant resides? yes II. Did the declarant make the declaration in the county where he resides? yes III. If the applicant did not make the declaration in the county where he resides, is there any reason assigned for his not doing so? IV. Has the declarant mentioned the period or periods of the war when he served? no V. * Has he mentioned 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? no VI. Has he given the names of the officers under whom he served, in conformity with the regulations? no VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832? yes VIII. Has the Court given their opinion? yes IX. Has the Clerk given his certificate? yes X. Is the Clerk's seal affixed? And if so, has it a device or inscription by which it can be distinguished from any other seal? yes  NO

 XI. Has the applicant obtained the evidence of a clergyman and another respectable citizen as to their belief respecting his age and the general belief in his neighborhood relative to his revolutionary service? yes  XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it?  XIII. If the applicant has no documentary evidence, and has not obtained the testimony of at least one living witness, has he stated in his declaration that such proof cannot be had? yes  XIV. † If the applicant's name is not found on the rolls of military service, has he produced a witness or witnesses as to his service?  If he has produced direct proof as to service, has the magistrate who administered the oath, certified to the credibility of the witness or witnesses? yes  Has the proper officer certified to the official character and signature of the magistrate as the regulations direct? yes    XV. Does it appear from any of the papers that the witness was in such a situation, or of such an age, as to have a personal knowledge of the applicant's service?  XVI. ‡ Are the papers authenticated as the regulations direct? yes  NO  XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered? 
EXPLANATORY NOTES.
* QUERE V. 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, deposeeth 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 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 shewn 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.
†QUERE XIV. Proof of Service.
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 claimants 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.
‡QUERE XVI. 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 paper 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.
¶ In every case where the clerk of the court, or other certifying officer, 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.

Claim to any other person than
State of Tennessee Livingston County

In answer to the 4 th question, & 1 st negation, of the Brief. Saith Layman the Declarant states that he entered the service of the United States under Col. Barber - that General George Washington had taken him. He spent Prisoner at Trenton Town in the State of New Jersey on the 25 th Dec r 1776. That he was ordered out by Col. Barber to guard the Hessian Prisoner to Elbernast Barracks. That he stayed in guarding the Prisoner five months in 1777 & 1778 & that he belonged to the Eighth Division of the Virginia Troops and served as a Private during said 5. months at Elbernast Barracks. was then discharged & returned home to Bedford County Va.
For relation to 5 th question & 2 d negation of the Brief Laid Declarant States that he served 5 months under the command of Col Barker & again afterwards he served 10 weeks under the command of General Mulinburg Maj Boys & Capt. Bonywith & that he so far has ten weeks since under said Mulinburg was a double list of a section Battery of that his term of Service in the United States as a Private is 7 months & 14 days
In relation to the 6 th question & 3 rd negation of the Brief said Applicant states that he has given the names of the officers under whom he served to the best of his recollection and as near as practicable in conformity with the regulations.
conformity with the... 10 question &c. said Special Agent Stokes who has obtained the collected list of office... and that the same has been as in the original  the same has been  the same has been any other  the same has been  the same has been official  the same has been  the same has been official  the same has been  the same has been the same has been  the same has been  the same has been
and I declare that I have made a relinquishment to every

Claim to any other pension than the one under the act Congress of the 7 th June 1832.
Said Applicant has no Documentary Evidence to sustain his claim & knows of no living witness whose testimony he could procure
Sworn to and subscribed this the 5 th day of
June 1833.
Jacob Layman
Sworn to in open Court the 5 th day of June 1833.
Geo M c Corron clerk
State of Tennessee
Sevier County, I Geo M c Corron clerk
of the Court of Pleas & Quarter Sessions for the County aforesaid do hereby certify that
Jacob Layman was duly qualified in open Court to the foregoing Amendment of his Declaration bearing date the 3 rd day of Sept. 1832, in order to obtain the benefit of the act of Congress of 7 th June 1832
In Testimony whereof I have hereunto set my hand and seal of office
the 5 th day of June 1833.
Geo M c Corron clerk

Rev. M...
4504.
INVALID.
File No. 4504
Jacob Layman Port. Van Line
Act: June 7/82
Index:—Vol. A , Page 214
[Arrangement of 1870.]