Revolutionary War Pension and Bounty Land Warrant Application File S. 8,766, for Richard Johnson, Virginia

SERVICE
Ua.
Johnson, Richard
NUMBER _____
S. 8766
carded.
CONTENTS

Virginia 16.638
Richard Johnson A Private in the State of Va who was a Pvt. in the — commanded by Captain — of the — commanded by Col. Simkins in the Va line for 6 months
Inscribed on the Roll of Virginia. — at the rate of 20 Dollars — Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 10 th day of Sept. 33 and sent also at within Charlottesville. Va
Arrears to the 10th of Sept 1833 — 07 — Pens. amt. allowance ending 1 st Nov 34 10 $ 17 10
Revolutionary Claim, } Act June 7, 1832. } Recorded by O. Price Clerk, Book E Vol. 6 Page 19.

Johnson
3 declamation
Richard

State of Virginia.
At a Court held for Albemarle County, 3 d December, 1832.
On this 3 d day of December, 1832, personally appeared in Open Court, before the Justices of the County Court of Albemarle, now sitting — Richard Johnson a resident of said County State aged Seventy years, last April — 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 Compulsory process June 7 th 1832.
That he was born in the County of Hanover, State of Va and lived there until he was nine or ten years old, when he removed to the County of Albemarle State aforesaid, where he has resided ever since. — That in the Spring of 1781 about the month of June, he was drafted in the V th Militia for a two months tour & marched from the said County of Albemarle under Capt: Bennett Henderson, he forgets the names of the other Officers under whom he marched — He marched and joined the Army under the Marquis La Fayette near a place called Negro Fort in Hanover County — soon after joining the Army he was commanded by Capt: Mackleake, Capt: Henderson having returned home — the names of his other Company officers he does not recollect — He was attached to the 1 st Reg t of Militia under Col: Ruben Lunday — he continued in the Army under La Fayette, through what is known as the Wild Goose chase — and the troops under Gen: Wayne joined them at a place Powell's Ordinary, in Louisa County, Va — The route of the Army was from Hanover where he joined it, towards the Rappahannock & crossed the Rapid Ann River at the Raccoon Ford, & then returned through Orange and Louisa Counties on towards Washington Creek — thence down the Corral, near Williamsburg, and after the battle at James Town marched up to Marrow hills, where he was discharged. He served two months, the time of the tour being for two months in the Militia service — He was again drafted in the Militia during the month of Sept: 1781, & marched under Capt:

Serg: Harris, from the County of Albemarle breadrummed at Williamsburg at the Old Magazine, and marched from thence in a short time to the town of York, where Cornwallis was besieged, after the commencement of the siege he was one of the body of Two hundred and fifty troops, marched to Sherley's landing on James River, to unload some articles with Washington's troops, provisions, equipments &c. He was stationed at that place during the siege eight miles from York Town - He again joined his own Company at the surrender of Cornwallis, and was then marched as one of the guards to the prisoners from York to Winchester, under Capt: Serg: Harris - Commanded by Major Jones - before getting to Winchester he was taken sick, and in consequence thereof was discharged and laid on hand - He served four months these terms - He recollects the names of Gen: Lawson & Gen: Matthews, his inferior officers were frequently changed & he cannot remember their names well enough to vivas to them - for proof of the services of the above first term - I refer to the declaration of Charles Hockstap of Albemarle County &c who was with me -
Sworn to & subscribed the day before aforsaid. Rich: Johnson Thereupon the Court pronounced to the applicant the following interrogatories -
1. Where & in what year were you born? Ans: I was born in Henrico County, V a 1767 2. Have you any record of your age & if so, where is it? Ans: I had a record of my age, but it is destroyed - 3. Where were you living when called into service; where have you lived since the Revolutionary War, & where do you now live? Ans: When called into service I lived in Albemarle County, V a When I continued to live since the Revolution & where I now live 4. How were you called into service; were you drafted, did you volunteer, or did you a substitute? & if a substitute, for whom? Ans: I was drafted 5. State the names of some of the regular Officers,

who were with the troops where you served; such Continental & Militia Regiments as you can recollect, and the general Circumstances of your services. Ans. I don't now recollect more than I have stated in my declaration.
6. Did you ever receive a discharge from the service; & if so, by whom was it given & what has become of it?
Ans. I received a discharge for the last tour from Major Jones - which is lost or mislaid.
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 & served as he states.
I, Ira Gannett, clerk of the County Court of Albemarle in the State of Virginia, do certify that the foregoing contains the proceedings in said Court, in the matter of the Application of Richard Johnson, for a pension.
In testimony whereof I have hereunto set my hand & affixed the seal of said Court, at office, in Charlottesville, this 10 th day of December 1832 in the 54 th year of the Commonwealth.
Ira Gannett

DEPARTMENT OF THE INTERIOR,
BUREAU OF PENSIONS.
Washington, D. C., _____, 19_____
In reply to your request of _____, received _____ for a statement of the military history of Richard Johnson a soldier of the REVOLUTIONARY WAR, you will find below the desired information as contained in his (or his widow's) application for pen- sion on file in this Bureau.
   DATES OF ENLISTMENT OR APPOINTMENT. LENGTH OF SERVICE. RANK. OFFICERS UNDER WHOM SERVICE WAS RENDERED. STATE.   CAPTAIN. COLONEL.     June 1781 2 mos. Bennett Henderson M. Leake Reuben Lindsay Pa   Sept. 1781 4 mos. Benjamin Harris Major Jones      
Battles engaged in, Surrender of Cornwallis
Residence of soldier at enlistment, Albemarle County Va
Date of application for pension, Dec 3 1832 His el. was al.
Residence at date of application, Albemarle County Va
Age at date of application, born Apr - 1762 in Hanover County Va.
Remarks: _____
Respectfully,
Commissioner.

May 19, 1921 Hist. to Mrs. J. M. Cochran.
Rev May
8766
INVALID.
File No. 8766
Benjamin Johnson
Rev War
Act: June 7th 1837
Index:—Vol. 12 , Page 196
[Arrangement of 1870.]

Albemarle Co: G t Office, 13 th Aug. 1833.
Dear Sir:
Enclosed you will receive the Original and Supplemental declarations of Charles Huckslep, Richard Johnson, John Hogg and George Harding.
Please state whether the declaration of Micajah Bowen, ever came to hand - it was made and filed in the Superior Court of this County, but has never been heard from - the Clk. is not certain whether he enclosed it himself to the Department - or gave it to the applicant or his counsel.
Respectfully - Alex. R. Arthur
(Written at request of Micajah Bowen)

Johnson
3 Supp. decl:
Richard
(Certified)

Virginia
Albemarle County, to wit.
We George Jones, a clergyman, residing in the County of Fluvanna, State aforesaid, and in the neighborhood of Richard Johnson, and Charles Huestep, residing in Albemarle, hereby certify, that we are well acquainted with the said Richard Johnson, who has sworn to the annexed declaration - that we believe him to be seventy-one 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. The s d Huestep having served with him, the s d Johnson, being discharged at the same time.
Given to and sealed this 12 th day of August, 1833.
(Signed) Geo. Jones Chas Huestep
Albemarle County, &c.
I James Clark - a justice of the peace for the said County, do hereby certify that George Jones who has signed the preceding certificate is a clergyman residing in the County of Fluvanna State of Virginia, that Charles Huestep, who has also signed the same is a resident in Albemarle, in said State, and is a credible person, that their statement is entitled to full faith and credit.
Given under my hand this 12 th (Signed) James Clark J.P. of Aug. 1833

State of Virginia:
Albemarle County Court Office, to wit:
I, Wm Garrett, Clerk of the County Court aforesaid, do hereby certify that James Clark who hath signed & certified the foregoing Certificate, is an acting Justice of the peace in and for said County, duly Commissioned and qualified as such - and that his signature annexed is genuine.
In Testimony whereof, I hereto set my hand and affix the Seal of said County Court, at my Office aforesaid, this 13 th Aug t 1833. in the 58 th year of the Lord the
Wm Garrett Clk.

Richard Johnson Pa
Pa
Albemarle County Va
Admit as a private 4 mo $20.00
Alex. H. Arthur Albemarle Co. Va. Chas. Truwell Recd to be returned to Depart. A.H.A.

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 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 Richard Johnson, Albemarle Co. Va.
   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.     1781 drafted 2 Pri: Col: R. Lindsay 70 years   Sept 1781 drafted 4 - " Genl's Lawson and Mathews Albemarle Co. Va. Wit  
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
Many have returned to Kansas.

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

RECORD MAY 4 1921 DIVISION
copy Sept. 29. 1932

223 Jones st Ee Savannah, Ga
Apr. 29- 1921 My dear Sir:
Will you kindly send me copies of the pension papers of Richard Johnson of Albemarle Co Va and of Richard Johnson of Spottsylvania Co Va. See Echniade a Rev Sol. pp 108-199
Very truly yours Mrs. J. M. Cochran 223 E. Jones st Savannah Ga.