Revolutionary War Pension and Bounty Land Warrant Application File S. 1694, for Solomon Mc Campbell, Virginia

SERVICE
NUMBER
Va.
Mc Campbell, Solomon
S. 1694.
carded.
CONTENTS

19557 East Tennessee
order to pay Dec. 7. 1836.
Solomon Campbell of Knoxville in the State of Tennessee who was a private in the company commanded by Captain Tolson of the regt commanded by Col. Boyd in the line for 9 months 25 days
Inscribed on the Roll of East Tennessee at the rate of 30 Dollars 33 Cents per annum to commence on the 4th day of March, 1831.
Certificate of Pension issued the 18 th day of Sept 1833 and James Mair Knoxville
Arrears to the 4th of Sept 76 37 Semi-ant. allowance ending 14 Mar 13 27
$91 64
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by Dan Boyd Clerk, Book 6 Vol. 7 Page 32

5986 Solomon M c Campbell
30 55 30 55 15 27 76 37
return 10. 16. Int: 1. 2. 5. 7.
P. 292
Notes, etc. again. 15 June 1823. to J. H. G.
re mark James Hair Knoxville

5986
BRIEF in the case of  Solomon Mc Campbell  County of Knox  in the State of Tennessee  (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge? Court  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity? —  3. How old is he? 79  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.     vol. In 1776 Summer — — 21 private Gen. Capt. A. Telford —   vol. 1776 July — 3 — " Capt. C. Campbell —   vol. 1781 Feb. March — — 14 " Capt. A. Telford, Col. S. Boyd —   vol. 1781 19 June — 4 — " Capt. D. Gray, Col. S. Lewis,   Sub. afterwards not stated 1 — " Gen. Muhlenburgh —   9 05 Capt. Smith  
 5. In what battles was he engaged? none  6. Where did he reside when he entered the service? Rockbridge City Va.  7. Is his statement supported by living witnesses, by documentary proof, by traditionary evidence, by incidental evidence, or by the rolls? Traditionary  8. Are the papers defective as to form or authentication? and if so, in what respect? The Clerk's Public Seal of office is not affixed 
I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
J. Waugh  Examining Clerk.

Solomon M c Campbell Amended Prussian Declaration
Direct to James Hair Knoxville Tennessee

State of Tennessee } on this 6 Day April 1873 Knox County } Presumably appeared before me Joseph Meek } an acting Justice of the Court of Pleas and Quarter Sessions in and for said County Solomon W Campbell a resident of said County and state in the said County of Knox and state of Tennessee who being first duly sworn according to law doth on his oath make the following amendment to his declaration for a pension which declaration was made in the Circuit Court for said County and state and bears date August 15 th 1832 and was numbered in the War Department C80 5986 and sent back for amend- ment that he was born either in the County Down or County Antrim in Ireland on the 17 th Day of July 1753 He has a record of his age at home in his family bible He thinks Genl Washington was commander in chief at the siege of York and Genl Lafayette and Baron Steuben both had a command at York He thinks that Genl Braine was wounded by one of his own sentinels at James- town at the time of the siege He does not recall the names of any other regular officers who were with the troops which he served nor the names or members of any continental or militia Regiments except what is stated in his former declaration and this amend- -ment He is acquainted in his present neighborhood with Joseph Meek Esq Robert M Anderson Esq Rev Isaac Anderson Col James Anderson and Jonathan Douglas all of whom he believes would testify that they believe him to be a man of veracity and that they believe he served as a soldier of the Revolution sworn to and submitted the day and year aforesaid before me Solomon W Campbell Joseph Meek
A Justice of the Court of Pleas and Quarter Sessions for Knox County Tennessee

State of Tennessee } Charles M'Clung Clerk of the Knox County } Court of Pleas and Quarter Sessions in and for said County do hereby certify that Joseph Meek is now and was at the time before whom the foregoing amended Pension Declaration of Solomon M c Campbell was made is now and was at the time it bears date an acting Justice of the Court of Pleas and Quarter Sessions in and for said County duly commissioned and sworn as such and that the foregoing signature which purports to be his is his genuine signature In testimony whereof I have hereunto set my hand and seal of office at office in Knoxville July the 3 rd 1833.
Chas M c Clung By his Dep
J. M c Swan

State of Tennessee } 88 On this 15 th day of August 1832 Knox County } Personally appeared in open Court before me
Samuel Powell one of the Judges of law and Equity in and for the state of Tennessee and for the first Judicial Circuit in the Circuit Court now sitting Solomon M c Campbell a resident of said County and state in the County and state of said age thirty nine years who being first duly sworn according to law doth on his oath make the following declaration in order to obtain the benefit of the act of congress passed June 7 th 1832 that he entered the service of the United States under the following officers and served as herein stated
He lived in Rockbridge County Virginia at which place in the summer of 1776 as he believes he volunteered as a private under Capt Alexander Gelford there was no Col we were stationed on Carr creek to protect the frontiers against the Indians served at that time three weeks and was honorably but verbally discharged
Again while living at the same place he thinks in the last of June or first of July 1776 volunteered under Capt Charles Campbell in a company of volunteer riflemen the number of the Regiment and name of the Col not recollects undergained in Lexington and Marched to Richmond thence to Pocahonty River thence to Smithfield on James River thence to Cabin Point on James River thence below Jamestown and then returned to Petersburg was there honorably but verbally discharged treated to a barrel of rum and told we might go home served at this time three months

Again while living at the same place he thinks in February or March 1781 he volunteered under Capt Alexander Gelford in a company of Riflemen in Col John Bayes Regiment. Rendezvoused at Col Samuel M c Dowell's Marched to Charlottesville then raised through different parts of the country till we went into the neighborhood of Rich- -mond to Deep Run Church we were scarce of provision and were discharged honorably but unbelly served two weeks.
Again while living at the same place he thinks about the 19th of June 1781 he volunteered in a company of drafted men under Capt David Grey in Col Samuel Lewis Regiment of Riflemen in Genl M c Intosh's Brigade. Rendezvoused at Lexington Marched to Richmond then joined the main army there to Pamunkey River and it lay there about two weeks then returned and Marched to James River thence to James town then crossed the river in the French Barges thence to Williamsburg thence into the neighborhood of Little York lay there till Cornwallis surrendered he was then honorably but unbelly discharged served four months.
Again while living at the same place while he was serving the last term of duty he recd a letter from his father stating that he was drafted for six months and in about five days after the last term was out he joined his company in Richmond under Capt Smith who commanded the 8 th Virginia men. He then recd a furlough till the 10th of November at which time he returned to Richmond and was honorably discharged which discharge was signed by Genl Davis and is lost. He may be mistaken as to the dates above mentioned but he is certain he served the full time there mentioned which amounts in all to nine months and five days.

He has no documentary evidence, and he knows of no person, whose testimony he can procure, who can testify to his actual service. He hereby relinquishes every claim whatever to a pension or annuity; except the present, and declares his name is not on the pension roll, of the agency of any state. Sworn to and subscribed the day and year aforesaid
Sworn to in Open Court Solomon M c Camphell 15 th August 1832
W m Brown Clk
We, W m M c Camphell a clergyman residing in the said county of Knox and state of Tennessee, and Robert M c Anderson residing in the same place, hereby certify that we are well acquainted with Solomon M c Camphell, who has subscribed and sworn to the above declaration; that we believe him to be 79 years of age, that he is reputed and believed in the neighbourhood where he now resides, to have been a soldier of the revolution, and that we concur in that opinion. and we do further certify that we have never heard the fact doubted or controverted that the said Solomon M c Camphell was a soldier in the revolutionary war Sworn to and subscribed the day and year aforesaid
Sworn to in Open Court W m M c Camphell
15 th August 1832
Rob t M c Anderson
W m Brown Clk

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 him that William A. Campbell, who has signed the preceding certificate is a clergymen resident in the said county of Knox and State of Tennessee, and that Robert M. Anderson who has also signed the same, is a resident in the same county and State; and is a credible person, and that their statement is entitled to credit
O. Perry 727 The Circuit Court of the state of Tennessee
I William Swan Clerk of Circuit Court of said County of Knox and State of Tennessee do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Salomon M c Campbell for a pension and that the said Court is a court of Record In testimony whereof I have hereunto set my hand and private seal having no seal of office at office in Knoxville This 25 th day of August 1832
Seal
W. A. Campbell
I Hugh L. White a member of Congress from the state of Tennessee do hereby certify that William Swan is Clerk of the Circuit Court of Knox County state of Tennessee and that the foregoing signatures which purports to be his are his genuine signatures, as I verily believe.
And White April 11 th 1833.
2986 Application Pension Application Salomon M c Campbell
Direct to James Hare Knoxville Tennessee

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 Solomon McCampbell 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. S. 1674
   DATES OF ENLISTMENT OR APPOINTMENT. LENGTH OF SERVICE. RANK. OFFICERS UNDER WHOM SERVICE WAS RENDERED. STATE.   CAPTAIN. COLONEL.     Summer 1776 3 weeks Pvt. Alexander Telford Va.   June or July 1776 3 mos. Charles Campbell   Feb or Mar 1781 2 mos. Alexander Telford John Brayer   June 1781 4 mos. David Gray Samuel Lewis   Five days after 1 Smith  
Battles engaged in, Siege of York.
Residence of soldier at enlistment, Rockbridge Co. Va.
Date of application for pension, Aug. 15, 1832. This claim was allowed.
Residence at date of application, 100 mi. S. of Tenn.
Age at date of application, 6 July 12, 1753. In County Down or County Antrim Ireland.
Remarks:
It is not stated wherein he was near.
Respectfully,
Commissioner.

1915 Feb 12: History to Mrs. Hurtin P. Speed. M.B.H. See in S.F. 5851. Thos. O'Bannon.
Rev. Nat.
1694 INVALID.
File No. 1694. Solomon McCampbell. Miss. Va. Gen.
Act: June 7. 1832.
Index: —Vol. 2 , Page 2112
[Arrangement of 1870.]

BRIEF objections to the admission of Pension Claims , of which those answered in the negative, in red ink, will apply to the claim of
Solomon M c Campbell
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? yes 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? yes VI. Has he given the names of the officers under whom he served, in conformity with the regulations? yes 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? also

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 has produced a witness or witnesses as to his service, has the magistrate who administered the oath certified that he, she, or they are persons of credibility? _____ Has the official character and signature of the magistrate been certified by the proper officer under his seal of office? _____
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? H. etc.
XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered? 1 2 3 4 5 6 7
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, 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.”
1882 79 1755 July 17

It is important in all cases to determine with precision the period for which the 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.
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 authenticated 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 end 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 be sent with the papers."

East Solomon McLaughlin Tenn.
from 1776 private. 19 mo. 5 days.
i. $ 30. \frac{55}{100}
James Hain Knoxville Tenn

WAR DEPARTMENT,
Pension Office,
19 June 1833
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 Solomon M c Campbell.
   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.              
The official character & signature of the Magistrate before whom the amended declaration of the applicant was made should be certified by the proper officer under his seal of office, when the Clerk has no seal of office. I am, respectfully, your obedient servant, Let his official character be certified as required in note (i).
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) _____, who has hereby certify, that we are well acquainted with _____, who has subscribed and sworn to the above declaration; that we believe him to be _____ years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.
Sworn and subscribed the days and year aforesaid.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that A. B. who has signed the preceding certificate is a clergyman, resident in the _____ and that C. D., who has also signed the same is a resident in the _____ and is a credible person, and that their statement is entitled to credit.
I, _____ Clerk of the Court of _____ do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of _____ for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this _____ day of _____ &c.
Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction.
If such surviving witness cannot be found, the applicant will so state in his declaration, (l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his

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