Revolutionary War Pension and Bounty Land Warrant Application File S. 33815, for James Toner, Virginia

SERVICE
NUMBER
Wa
Toner, James
S 33815
CONTENTS

12 12,531 New Jersey James Toner
of _____ in the State of Penn a who was a Private in the Regim t commanded by Captain Franklin of the _____ commanded by Colonel Gist in the Virginia line, for the term of 3 Years from _____ 17 to _____ 17
Inscribed on the Roll of Pennsylvania at the rate of Eight Dollars per month, to commence on the 29 day of May 1818
Certificate of Pension issued the 22 d day of July 1819 and sent to H Caldwell Esq Philadelphia .
Continued on the Roll on the 27 th day of August 1835 and new cert.  sent to sent to James Wilson at Trenton, N.J. Pension commencing on the 13 th of February 1835.
Amount due on 1 th of March 1835
$
{ Revolutionary Claim, Acts March 18, 1818, May 1, 1820. }
Pension Payable to his Guardian BOOK D. VOL 4. page 176.
Let to Pen Agent Aug 25. 1835 do. to James Wilson 4 Sept. 1835 do to Mr Butts 19 Oct "

Schedule.
County of Burlington } State of New Jersey. } ss.
Declaration, in order, to continue and James Toner, on the pension list, under the act revenue Balance of Pension — xxx of May 1 st 1820.
On this 12 th day of February 1835. Personally appeared in Open Court before the Judges of the Court of Commonpleas, now sitting. John H. Ivis resident in Grosvicks in the Township of Chesterfield and County of Burlington who being first duly sworn according to Law, doth on his oath, make the following declaration in order to assist James Toner, in obtaining the provision made by the acts of Congress, of the 18 th of March 1818. and the first of May 1820. To wit
That the said James Toner hath lived with me nine years next spring. always understood, that he was a Revolutionary Soldier and served through the xxx Revolutionary war. Owing to my wife's wish I have ever since clothed and fed him, she administering to him his food every day, and tending on him, as a child would on a parent. she having been brought up by him and wife from her infancy. he the said Toner & wife having no children. after the death of M rs Toner his wife, he became melancholly and since he has been with us, has become more and more so; so, that he is now, and has been for a long time confined to the House and his room incapacitated from doing any thing or knowing his old acquaintance when calling to see him. — and this winter chiefly confined to his Box. — every possible search has been made for his pension certificate, but without effect, believe it is lost or destroyed by him, when in his wandering through the meadows and brush, from day to day, when in such state of mind, as to need watch- ing, as has been the case several times.
Sworn and subscribed, in open court
John H. Ivis
The 12 th day of February 1835.
Thomas Seaman In Oakwood
Phin s Bunting Mattawenque
At the same time and place before the Court, personally appeared Joseph Butler, resident of the City of Philadelphia who being duly sworn according to Law doth on his oath make the fol- lowing declaration. That in the year 1818 or 1819. The same James Toner as above described came to Philadelphia and applied to me, to assist him in obtaining a pension under the act of Congress of March 18 th 1818. produced his regular discharge, which was, with papers made out, forwarded

to the department, when acted on, his pension Ticket or Certificate came to me. I then wrote to him on the subject, he came to Philadelphia and with me went before James N. Barker Esq. then an Alderman, now at the head of the Customhouse in said City. before whom he made the necessary oath and received a Certificate on which he was inscribed on the pension list of Pennsylvania Agency. received a Check on the Bank of the United States. on which he received payment. He then returned to his home, then near Bordentown. I do hereby declare, the same James Foner is now living with John H. Kins, at Crosswicks, and that he is in a feeble state, both of body and mind, so much so, as to be incapacitated, as to the knowledge of taking or understanding the meaning of an Oath. I have been acquainted with him, for thirty five years, he is a weaver by trade, Born in Ireland (as he always said.) bore a good character, but a man of weak mind, having no education. could not read or write. Never owned any land, within the knowledge of myself, or, any neighbour or acquaintance with whom I have conversed. paid rent for a House and Garden a number of years (until he broke up keeping house) at, from Twenty four to Twenty five Dollars P. year. to the best of my recollection and belief.
Sworn and subscribed in Open Court { Joseph Butler
This 12 th day of February 1835. — {
Thos. Swain Matthew M c Henry,
Phinl. Bunting
Thos. Blackwood.
John B. Slacks. — Clerk of the Court of Common-pleas; Do hereby certify, That it appears to the satisfaction of the Court that the said James Foner did serve in the Revolutionary War, as stated in the preceding declaration. against the common enemy, for the term of nine months, under one engagement, on the Continental establishment. I do also certify, that the foregoing declarations, are satisfactory to the Court. and that it is the opinion of the said Court, that the total amount in value of the property Exhibited in the annexed Schedule is fifty one Dollars and — cts.
In testimony whereof, I have hereunto set my hand, and affixed the seal of the said Court, on this twelfth day of February 1835.

Schedule and Inventory with appraisal of the Goods and Chattels, the property of James Jones now living with John H. Weiss, Groesbeck; Burlington County.
Conscientiously valued and appraised by us. —
this 11 th day of February. 1835.
James Wilkinson
Sworn and subscribed to this 11 th day of February,
Joseph Hendrickson
1835 before me.
  one of the Justices of the peace in the for the county of Burlington N.J. { one Desk - - - - - $5.00   one Chest drawers - - - - - 5.00   Two Beds & bedding - - - - - 10.00   one Bedstead - - - - -   one old weavers Loom - - - - - 1.00   Paint & Painting $21.00 

In the Inferior Court of common Pleas of the county of Burlington in New Jersey at its term of February in the year of our Lord one thousand eight hundred & thirty five. -
Upon reading & duly considering the foregoing affidavits, the court are satisfied, that the said James Tiner did serve in the Revolutionary war, as stated in the preceding declaration, against the common enemy, for the term of nine months, under one engagement, on the continental establishment - that the foregoing declarations are entitled to credit. - And it is the opinion of the court, that the full amount of value of the property exhibited in the annexed schedule is fifty- one Dollars. - Done in open court this thirteenth of February A.D. eighteen hundred & thirty five -
Phin d S. Bunting Matthew McHenry Jn Blackwood
I John B. Slack clerk of the Inferior court of common Pleas of the county of Burlington in the State of New Jersey - do hereby certify that Phinias S. Bunting, Matthew McHenry, John Blackwood and Thomas Devain are Judges of said court duly com- missioned and sworn, and that the foregoing are their genuine signatures - and further that the foregoing pro- ceedings were had in open court, at a regular term thereof. -
In testimony whereof I have hereunto set my hand and affixed the seal of said court at Mount Holly this thirteenth day of February in the year of our Lord one thousand eight hundred and thirty five. -
John B. Slack

State of New Jersey } Burlington County } ss Be it remembered, that on the 18 th day of September 1834 Personally appeared before me Phineas S Bunting one of the Justices of the peace, and Judge of the Inferior Court of Common pleas, in and for the said County. Joseph Butler, of the city and County of Philadelphia, who being duly sworn according to law, deposeth and saith, that, "I have been acquainted with James Toner for more than thirty five years past; some time about the year 1818 or 1819 he applied to me in the city of Philadelphia to assist him in making his application for a pension under the Act of March 18 th 1818. - He brought forward his original discharge; I took him before Judge Peters, the then District Judge of the United States district court - before whom his papers were made out, and placed in the hands of the Clerk of said court, by whom they were transmitted to the Pension office - I afterwards received a cer- tificate or ticket, entitling him to a pension. I wrote to him, when he came to town and received it, had his name inscribed on the list of the Pennsylvania Agency and drew his pension - I never considered him as possessing a strong mind, and his mental faculties appear to me to be then impaired. I have seen him but once since that time, which was about six years ago, he then appeared in a gloomy, melancholy state of mind, and scarcely spoke to me - and further this deponent saith not - Taken and subscribed before me } Joseph N Butler the day and year aforesaid } Phin s S Bunting }

State of New Jersey } ss Be it remembered that on the Burlington County } 18 th day of September AD 1834 personally appeared before me Phineas I Bunting one of the Justices of the Peace, and Judge of the Inferior Court of Common Pleas in and for the County of Burlington John Dickson, of Cresswicks in said County, known to me to be a man of respectability and integrity, and fully entitled to credit - who being con- scientiously scrupulous of taking an oath, and being duly affirmed according to law, saith
"I have been acquainted with James Jones since he has resided in the family of John H Irvin (to whom I live a near neighbour), which I believe has been six or seven years. I do not recollect to have discovered any thing particular or remarkable in his deportment until within two or three years past, during which time he has evinced a great depression of spirits, has several times wandered away from the house and been absent for a day or two at a time - and that apprehensions were entertained that he had committed suicide, and the neighbours have been called out in search of him - from cur- rent report, and which I have no doubt is cor- rect, his mind is now much more depressed, he very rarely leaves his room - Since he has been in the family of John H Irvin he has lived as one of the family, and except what little work he did during the first few years of his residence there I consider him as entirely dependant on their bounty. I have never had any conversation with him in regard to his pension, that I recollect of" - and further saith not
Taken and subscribed before me } the day and year above written } John Dickson
Phin s I Bunting 3

Burlington County S s 1834 September 20 Personally appeared before me Phineas S Bunting one of the Justices of the peace in and for said County. Anthony Thorn of Chesterfield in said County, who being conscientiously scrupulous of taking an oath, and being duly affirmed according to law; and who is known to me to be worthy of confidence and belief, saith, I have known James Toner about as long as I have known any body - have lived a near neighbour to him most of the time, and always within a few miles of him; He never owned any real estate, or much personal property, Maintained himself and family by his trade which was that of a weaver. He never had any child by his wife, tho' he was said to be the father of an illegitimate son, I do not know whether he is now living or not - He has heretofore conversed with me in regard to his pension, and told me that he could live without it; this was while he carried on the weaving business - after the decease of his wife, he broke up housekeeping, and went to live in the family of John H Irvin, whose wife had been brought up by him, and had been treated by Toner and his wife as a daughter - James Toner has  has always since I have known has for many years been subject to spells of depression or lowness of spirits, - I never considered him to be possessed of property worth over three hun- dred dollars. - and further this affiant saith not
Taken and subscribed before me the day and year aforesaid } Anthony Thorn
Phin s S Bunting

State of New Jersey } Burlington County } ss. Be it remembered that on the 22 nd day of September 1834 Isaac Thorn Junior, a worthy member of the society of friends, who being conscientious ly scrupulous of taking an oath and being duly affirmed before one Phineas S Bunting one of the Justices of the peace in and for said County saith, "I was acquainted with James Foner at the time of his drawing his pension under the law of 1818. and in a conversation with him sometime afterwards, he stated to me that he considered it a Poor House law, and that he did not intend to have any thing further to do with it; I lived a near neighbour to him. he fre- quently appeared somewhat deranged, and his wife came over to my house and informed me that James was in a very strange way and that she was fearful that he would make way with himself. He has lived several years past in the family of John H Irvin, he is now, and I consider him to have been ever since the period I have named, in a melancholy, deranged state of mind - While he was willing to converse with any body, I was in the habit of calling to see him, and recommended him to draw his pension or to apply under the second pension law, but he refused to do so - I believe him to be treated with kindness, in John H Irvin's family - and further saith not - Isaac Thorn Jun Taken and subscribed before me the date aforesaid Phin! S Bunting 3
I John R. Slack clerk of the Infer- ior Court of Common Pleas in and for the county of Burlington in the State of New Jersey, do hereby certify, that Phineas S. Bunting is a Judge of said court, duly commissioned and

sworn, and that the foregoing are his genuine signatures. -
In testimony whereof I have hereunto set my hand and affixed the seal of the said court, at Mount Holly. this twenty ninth day of September in the year of our Lord one thousand eight hundred and thirty four -
John B. Black

James Jones Jr. 104 Virg. Ave 1776 to 1779
This applicant formerly resided near Pottstown, in Berks Co. Pa. But within the last few years since removed to Phila.
Admitted, when he was a black colored person Admitted, when he was a black colored person
Admitted, when he was a black colored person Admitted, when he was a black colored person Admitted, when he was a black colored person
Admitted

We the Subscribers, hereunto, have been acquainted with James Diner a soldier of the revolution, now an applicant for a Pension from the U. S. for twenty years last past, and we certify that he is indigent circumstances, and unable to maintain himself and family.
Joseph Butler
April 2 nd 1819.
Henry Yale
I am satisfied that the fact stated is true.
2 nd April 1819.
Richard Peters

DISTRICT OF PENNSYLVANIA, ss.
On this twenty ninth day of May — A. D. 1818, before me, Richard Peters, Judge of the District Court of the United States, in and for the Pennsylvania District, personally appeared James Toner — of the state of New Jersey — who being duly sworn — deposes and declares, that during the War of the Revolution he served against the common enemy as a private soldier — in the army on the Continental Establishment — that on  October  day of A. D. 1776 — in  in  Culpepper County in the state of Virginia , — he enlisted under capt. Franklin and lieutenant Bluff. Shelton, for the tenth regiment of infantry — that he was in several skirmishes, but in particular was present at the battles of Branbury cross, Monmouth, & Germantown , and at the taking of Stony-point under General Wayne — and soon after the taking of that place was honorably discharged, being then in the 6th Regi- ment, to which he had been attached on Long Island, after the battle of Monmouth — that, in his service he was in Greene's division & Weedon's brigade —
That by reason of his reduced circumstances in life, he is in need of assistance from his country for support, that he never has received, or been allowed any Pension by the laws of the United States — that he is a resident citizen of the United States, and that his discharge is annexed hereto —
his James Toner mark
Witness my signature
Sworn — and Subscribed this 29 th day of May — A. D. 1818, } before me
Richard Peters

Aug 24
N.H. 20th
PAID
J. L. Edwards Esq. Commissioner of Pensions Washington D. C.

New Jersey Trenton 21st. August 1835.
Sir,
By your letter of 4th. April last to Joseph Butler, it is stated that the papers in case of James Toner have been received at the Department, and that "the payment of his pension cannot be resumed till some one shall have been appointed under the laws of New Jersey, to take charge of the person and property of said Toner."
Mr. Toner now lives, & has lived for about two years past, in the family of Mr. John H. Irvin, of Crosswicks, Burlington county in this state. The wife of Mr. Irvin is Toner's adopted daughter. Mr. Irvin has been appointed by the proper power in this state, guardian of Toner's person and property. I was employed by him to transact the business before the Court, & he requests me to send to the Department the evidence of his appointment, that the arrears of pension may be paid to him under the Department's orders. Please address your reply to me at this place. I enclose a copy of the order appointing Mr. Irvin, authenticated under seal of the court, which I suppose is what is required. If any thing further is wanted please inform me and it shall be forthwith sent on.
Very Respectfully Yours &c.
J. L. Edwards Esq.
Comt. of Pensions.
James Wilson

33 815 Rev INVALID.
File No. 33, 815
James Jones
Rev Rev War
Act: 18 th March 18 th
Index:—Vol. 2 , Page 21
[Arrangement of 1870.]

To J. L. Ganeards Esq.
Philadelphia February 20 th 1835
Sir, agreeably to yours of January 30 th
I have made the enclosed declaration, before the Court of Common Pleas at Mount Holly, to the perfect satisfaction of the Court. Should what has been done, be, not satisfactory, you will be pleased to have any form, which may suit, forwarded to me, to which I will attend.
Very Respectfully, Your
Obligd, and Hum l Servt. Joseph Butler

Burlington County Orphans Court.
In Matter of } Copy of } Order Lunacy of James } Appointing Toner, } Guardian

Burlington County, New Jersey Orphans Court, of the Term of August in the Year of our Lord, one Thousand, Eight Hundred, and thirty five. On application for appointment of a Guardian of James Turner a Lunatic.
The Chancellor of this State, having caused to be transmitted to this court, a certified copy of the proceedings had in the court of Chancery of said State, in matter of the lunacy of James Turner of the Township of Chesterfield in the county of Burling- ton, by which it appears that said James Turner is a lunatic, and doth not enjoy lucid intervals, so that he is not capable of the government of himself, his lands, tenements, goods and chattels, and application being now made to this court, to appoint John H. Davis, of the Town- ship of Chesterfield aforesaid, guardian of said lunatic, and the court being satisfied that he is a fit and discreet person, and no cause being shown, or appearing why said application should not be granted; it is thereupon ordered by the court, that the said John H. Davis be, and he is hereby appointed guardian of the said lunatic James Turner, and said Guardian shall have the care and safe keeping of said lunatic, his lands and tenements, goods and chattels. And the said John H. Davis having now laid before this court a Bond to the Governor of this State and his successors, in office, in the sum of Twenty Five Hundred Dollars, being the sum which this court order and direct, executed by said John H. Davis and Daniel Davis and John Warren freeholders, as his sureties, conditioned for the due and faithful discharge by said John H. Davis of his aforesaid office of Guardian, according to the Statute in such case made and provided, the court do approve said sureties, and order said bond to be filed with the Clerk of this court. -
Dated this 13 th August A.D. 1835
Thos. Solomon Jno. Blackwood Geo. M. Tucker Benjamin H. Dippincott
I Charles Kinsey, Surrogate of the county of Burlington and Clerk of the Orphans Court of said county, do certify the foregoing to be a true copy of the order of said court, on the application for appointment of a Guardian of James Turner a Lunatic, as made by the said court, and remaining on file in my office. In Witness whereof I have hereunto set my hand, and seal of office at Mount Holly in the county aforesaid the fourteenth day of Au- gust in the Year of our Lord, one Thousand, eight Hundred and Thirty Five, -
Charles Kinsey

See letter to John H. Irwin, Oct. 14. 1834 instruction sent to J. H. Irwin Nov. 12. 1834 Do. to Joseph Butler Jan. 30. 1835
12.531
R
Pennsylvania
James Loner
in the state of Pennsylvania who was a Private in the regiment commanded by Colonel Gist of the Virginia line, for the term of 3 years
scribed on the Roll of Pennsylvania at the rate of eight Dollars per month, to commence on the 29 th of May 1818
ertificate of Pension issued the 22 nd of July 1819 and sent to D. Caldwell, Esq.
Philadelphia Pa
Arrears to 4th of March 1819 - 9 7 / 31 73. 00 Semi-ann. all'ce ending 4 Sept. 1819 - 48. 00
$121.00
{ Revolutionary claim, } { Act 18th March, 1818. }
Ext. Dist: Pennsylvania.

Enfants October 3 rd 1834
25
Hon. J L Edwards
Pension office Washington City Mr. Comm. - H. H. Respectfully & friendl.

Cropwicks N Jersey Sept. 30 th 1834
Honorable J L Edwards,
Sir
Some time back I wrote to you respecting the pension of James Toner, who was placed on the Pension list under the law of 1818 but owing to derangement of mind, he never drew but the first payment. In reply to which letter you stated that the name was not written sufficiently legible; and requested particular information in regard to the case; I have therefore procured affidavits showing that he was a pensioner under the law of 1818 and the melancholy cause of his not drawing the money to which he was entitled, every year since. On his breaking up housekeeping about seven years ago he made choice of my house as his future home, where he has continued ever since, as my wife was taken into his family in her infirmity, and entertained for him for and his wife the affection of a daughter. This feeling has been the cause that we have continued to keep and provide for him ever since he came into the family - in preference of letting him go to the Poor House, which must otherwise long since have been his home. I never have seen his pension certificate, and am of the opinion

that he has destroyed it. My family is large and am poorly able to support him without any re- muneration, or doing injustice to my children, I keep a Public House and altho' my business is quite limited yet as he occupies an entire room it is frequently a great disadvantage to me - He is entirely incapable of transacting any business for himself or of empowering another to do it for him - and is now entirely destitute of property
I therefore humbly request that I may be empowered to draw the arrears of his pension, and also to receive the payments that may become due during his life, and apply the same to his support and maintenance
In a conversation some time back with Judge Hopkinson, I was directed by him to apply to you in this case -
And am with great respect
Your Obedient servant
John H. Grinn

...has faithfully... ...good... ...is hereby... November 23 rd 1870. I am... H. B. ...

Give a cut: to James Toner payable to his guardian - N.ancy Roll - Send cut: to James Wilson Esq: Trenton, N.J. $8 per mo: to com 13 Feb 1835-

Recd. Jan. 26. Pa. roll No. 2.
J. L. Edwards Esq. Commissioner of Pensions Pension Office
Washington, D.C.-

To J. S. Edwards Esq.
Philad a January 22 nd 1835.
Sir. In Septem r or October 1834 I was call'd on by a Mr. John H. Irwin, of Crosswicks, Chesterfield Township, Burlington County. New Jersey. To testify before Judge Bunting of said County, in the case of an application for a balance of Pension, said to be due to an aged man, by name, James Toner H c - as I am again call'd on by Mr. Irwin - should be obliged by having direction from the department, what proof will be necessary to Establish his claim before I undertake to apply or do more in the matter and as there is no one living who can testify to what you will be satisfied with but myself - will state the facts for your consideration. In the first place; this man if living must I think, be between 80 & 90 years of age. an Irishman by birth came into this shortly before the war of the Revolution. Landed in Virginia, enlisted and served through the whole war. was discharged; In 1818 or 1819. I was call'd on by him and assisted in having his papers made out, before the Judge, with his Discharge attach'd, - after some time, I Received his pension Ticket or Certificate. wrote to him that the same was in my possession, he came to Philad a - he became inscribed on the pension list of the Pennsylv a Agency. received a check and obtained his money. In a short time after he lost his wife, soon after her death he became Melancholy and considerably deranged broke up house keeping, and has for 9 years been supported by the said Irwin who married a young woman brought up by Toner & wife from her Infancy - this woman has always look'd on him as a father - and has and now feeds him in his room, three times a day, has cloathed him in the whole with good warm cloathing - finds him Medicine when sick - with a fire in his Room all winter - In fact all things are done for him that can be done for an old man, who is incapacitated from assisting him

-self— The same James Toner is now and has been for several years, unfit to be left alone— some four years ago he has absented himself for 3 or 4 days in the woods, unknown to any, until found in the brush where he secrete d himself, so much deranged, as to be a fit subject for the Poorhouse— his wife never had any children— He is now unfit to be trusted out of doors alone— has no conception of business would know nothing of an oath if administered, his memory has entirely left him— is seldom visited by any acquaintance, altho numbers know him— in Bordertown and its vicinity. as he must have lived near that place 30 odd years. — When in health formerly followed weaving and Labouring, particularly in hay & harvest. all the property he is possessed of his own is, I believe as is stated by Mr. Irwin— One old Desk— one old fashion d chest of drawers— One old Bedstead Two old Beds— a little bedding and an Old Loom. — after taking into consideration the situation of this aged soldier. be pleased to state in what manner an application ought to be made in his behalf. as every thing can be procured to the satisfaction of Government and to yourself as Commissioner of Pensions. &c. —
with the highest respect
Remain your Hon ble Servant Joseph Butler