Revolutionary War Pension and Bounty Land Warrant Application File S. 2847, for John Middleton, Virginia

SERVICE
NUMBER
Va.
Middleton, John
S. 2847
carded.
CONTENTS

Paid at the Treasury under the Act of the 6. April 1838 from 4 th March to 4 th Sep 1839. Agt notified 8 th Oct 1840
Paid as above from 4 th March to 4 th Sep 1840. Agt notified 9 th July 1841.
Ohio 22. 601.
John Middleton,
of Highlands in the State of Ohio.
who was a Private in the 1 st  Reg t commanded by Captain Downey of the 1 st  Reg t commanded by Col. Edmiston in the Virginia line for one year
Inscribed on the Roll of Ohio.
at the rate of 40 Dollars 00 Cents per annum, to commence on the 4 th day of March, 1831.
Certificate of Pension issued the 16 th day of Nov r 1833 and sent to Mrs S. H. Middleton, Highlands 6 th Ohio.
Arrears to the 4 th of Sep - 1833 - 100.00 Sem-ant. allowance ending 4 th Mar 34 - 20.00
$ 120.
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by Wm H Palmer Clerk.
Book E Vol. 8 Page 17.

28 1/2 98 map alongal...
John Middleton
Mr Scott Hills, Wis

Declaration
In order to obtain the benefit of the act of Congress of June 7 th 1832
On this 28 th day of October A.D. 1833 personally appeared in open court before the court of common pleas of Highland county in the state of Ohio John Middleton aged seventy 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 named officers served as herein stated.
The said applicant represents that he was born in Lancaster county in the state of Pennsylvania on the 24 th day of April A.D. 1764 - has no record of his age - When called into the service of the United States he lived in the county of Shenandoah in the state of Virginia - that he lived in that county until 1813 when he moved to Highland county Ohio where he has ever since resided - That in the first term of his service he volunteered in all the rest he was drafted. Penn State Washington & Muhlenberg volunteer In the month of September A.D. 1777 said applicant volunteered in the company of Virginia militia commanded by Captain Thomas Beck at Woodstock in the state of Virginia - marched soon after he joined said company to Pittsburgh Pa where he joined the regiment commanded by Colonel Gibson - remained at Pittsburgh about six weeks when he marched under the command of said officers to Wheeling Va. where he remained until he served out his term of three months for which he voluntarily when he received from his captain a written discharge & returned home - Our service in this term was in protecting the frontiers of Pennsylvania & Virginia from the attacks of hostile Indians.
In the month of July A.D. 1778 he was drafted at Woodstock Va. served under Captain Early Downey, marched to Saltpeter soon after he was drafted where he remained several days - marched to Richmond Va where his company joined the regiment of Virginia militia commanded by Colonel Edmunds & they remained in Richmond until he had served out the term for which he was drafted - he then marched under the command of his said captain to Woodstock & was by him discharged after serving three months.
In the month of March 1779 he was again drafted at Woodstock Va. under Captain Jacob Brant - marched to Richmond Va soon after he was drafted where his company was attached to the regiment commanded by Colonel Arny - remained at Richmond several weeks - at which time was sent out with 40 others in a scouting party - they took 7 British prisoners in the neighborhood of Richmond - after leaving Richmond he marched under the command of his said captain to Woodstock where he received a written discharge from Captain Brant after serving three months.
In September A.D. 1779 was again drafted at Woodstock for twelve months under Captain Brant in the regiment of Va. militia commanded by Colonel John Brown - after I was drafted & detected I took prisoners two American deserters - put them in prison at Woodstock - these prisoners were soon after released from prison by a man named

Henry Alschute. Colonel Brown compelled this Alschute to take my place in Captain Shalle's company & when out the whole town in my place. Colonel Brown at the same time gave me a written discharge for twelve months service.
In September 1780 the applicant was again drafted for the Virginia militia at Woodstock in the Company commanded by Captain Jacob Penevert. Marched soon after he was drafted to Richmond where he remained about ten weeks. He then marched to Sandy Point on James river he remained there & in the vicinity of that place several weeks when he marched under command of his said Captain to Woodstock & received a written discharge from Capt Penevert after serving three months.
We received written discharges after all his terms of service as above stated & in all they were for three years service at the revolution any war - he further states that he destroyed his discharges (supposing them to be of no value) among other old papers. No clergyman in my neighborhood. He said John Middleton just here states that there is no clergyman residing in his neighborhood but that John Walter George Galt John Roads John Smith Joseph Roads & many others his neighbors to whom he is well known can testify as to his character for veracity & their belief of his services as a soldier of the revolution. That from old age & consequent loss of memory he can not now recall to mind the name of the Colonel when regiment he was attached to at Richmond in the last time above mentioned.
We have no documentary evidence nor does he know of any living witness by whom he could prove his services.
He further states hereby acknowledges every claim whatever to a pension except the present & declares that his name is not on the pension roll of the agency of any state.
State of Ohio Highland County } ss
John H. Middleton mark
I certify that the above was subscribed & sworn to in open court the day & year aforesaid
Samuel Bell { Clerk
We the subscribers residing in Highland County in the state of Ohio do hereby certify that we are well acquainted with John Middleton who has subscribed & sworn to the above declaration; that we believe him to be 70 years of age; that he is reputed & believed in the neighborhood where he resides to have been a soldier of the revolution & that we concur in that opinion. Sworn to & subscribed the day & year aforesaid
Samuel Bell { Clerk
John Roads Philip Rhoads Sen

And the said Court do hereby declare their opinion after the investigation of the matter, & after putting the interrogatories prescribed by the war department that the above named applicant was a revolutionary soldier & served as his status: And the Court further certify that it appears to them that John Roads & Mrs. B. B. B. Philip Rhoads
who signed the preceding certificate are residents of said County of Highland and credible persons & that their statement is entitled to credit
I Samuel Bice Clerk of the Court of Common Pleas of Highland County Ohio do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of John Middleton for a pension.
In testimony whereof I have hereunto set my hand & seal of office this 28 th day of October A.D. 1833
Samuel Bice { Clerk

In reply to your request of _____, received _____ for a statement of the military history of John Middleton 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. F. 2847.
   DATES OF ENLISTMENT OR APPOINTMENT. LENGTH OF SERVICE. RANK. OFFICERS UNDER WHOM SERVICE WAS RENDERED. STATE.   CAPTAIN. COLONEL.     Sept. 1777 3 mos. Pvt. Thomas Buck Gibson Va.   July 1778 3 " Darby Downey Edmiston   March 1779 3 " Jacob Preuitt Stevens   Sept. 1779 ✓ Fraible John Brown   Sept. 1780 3 mos. Jacob Preuitt ✓  
Battles engaged in, _____
Residence of soldier at enlistment, Shenandoah Co., Va.
Date of application for pension, Oct. 28, 1832. His c.l. was al.
Residence at date of application, Highland Co., Ohio.
Age at date of application, Born Apr. 24, 1764, in Lancaster Co., Pa.
Remarks: There is no data on file relative to family.
Respectfully,
Commissioner.

1918, May 21. History to Mrs. M. L. McCune Fm.
Rekhan
2847 INVALID.
File No. 2847
John Middleton First Rev. War
Act: June 7 th 1832
Index:—Vol. A , Page 257
[Arrangement of 1870.]

J. H. WRIGHT, President.
W. G. Mc CUNE, Vice-Prest. C. G. DANIEL, Active Vice-Prest.
WILL DANIEL, Cashier. C. G. DANIEL, JR., Asst. Cash'r. MARK L. ELZEA, Asst. Cash'r.
ESTABLISHED 1889.
Rev Sec? The Vandalia Banking Association CAPITAL $ 50,000.00
Vandalia, Mo., May 15 th 1918
Com- of Pensions, Pension Bureau, Dept Interior, Washington, D. C.
Dear Sir:-
Will you kindly give me pension records of Jno. Middleton Va Soldier pension in Highland Co- O- and of Jno. C Jackson Fayette-Co-Ky-
Please include all data- as to wife or children of each,
Yours Truly Mrs M. L. Mc Cune, Vandalia, Missouri.

TREASURY DEPARTMENT,
Second Comptroller's Office,
June 26 th , 1841.
Sir :
Under the act of the 6th of April, 1838, entitled "An act directing the transfer of money remaining unclaimed by certain Pensioners, and authorizing the payment of the same at the Treasury of the United States," John Middleton, a Pensioner on the Roll of the Ohio Agency, at the rate of Forty — Dollars and Cents per annum, under the law of the 7 th June 1832, has been paid at this Department, from the 4 th of March, to the 4 th Sept. 1840.
Respectfully yours,
Edward Waring  Waring
Comptroller.
To the Commissioner of Pensions,
Present.

TREASURY DEPARTMENT,
Second Comptroller's Office,
September 25 th 1840.
Sir :
Under the act of the 6th of April, 1838, entitled "An act directing the transfer of money remaining unclaimed by certain Pensioners, and authorizing the payment of the same at the Treasury of the United States," John Middleton, — a Pensioner on the Roll of the Ohio — Agency, at the rate of Forty — Dollars and Cents per annum, under the law of the 7 th June 1832, has been paid at this Department, from the 4 th of March, to the 4 th Sept. 1839.
Respectfully yours,
Wm. H. Harrison Comptroller.
To the Commissioner of Pensions, Present.

28.290
22.607
John Middleton Ohio
Adm. 1. year $40
William Scott Hillsboro Highland Co Ohio

WAR DEPARTMENT,
Pension Office,
Sir:
The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in a tabular form. On comparing these papers with the following rules, and the subjjoined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will shew what is necessary to be done. Those points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus: { ). You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your claim.
A Statement, shewing the Service of
   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.     3. 3. 3. 3.  
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

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 inquiry 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 a Judge or Justice of a Court of Record in the 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 services. 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.