Revolutionary War Pension and Bounty Land Warrant Application File W. 5441, for John O'Daniel, Maryland

SERVICE
NUMBER _____
And, wa
O'Daniel, John Sarah
Qk 5441
CONTENTS

Kentucky 29.708
John O'Daniel
of Hardin Co. in the State of Kentucky who was a Private in the company commanded by Captain Bussy of the Reg't. commanded by Col. Holland in the Maryland mil. time for 7 months
Inscribed on the Roll of Kentucky at the rate of 23 Dollars 33 Cents per annum to commence on the 4th day of March, 1834.
Certificate of Pension issued the 2 d day of Feb. 1835 and sent to Hon. Chittenden N. R.
Arrears to the 4th of Sept'34. 87.66
Semi-ant. allowance ending 4 March'35. 11.66
$93.33
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by D. Brown
Clerk.
Book E-2. Vol. 7
Page 37

847 Kentucky Sarah O'Daniel widow of John O'Daniel M 28 who served in the Revolutionary war, as a private
Inscribed on the Roll at the rate of 23 Dollars 33 Cents per annum, to commence on the 4th day of March, 1848.
Certificate of Pension issued the 16 day of Sep 1851 and sent to
S. J. Trubee Frankfort Ky
Recorded on Roll of Pensioners under act July 29, 1848, Page 176 Vol. 4

The following is a Copy or extract from the marriage register in my office "viz" Persons names when married by whom John O'Daniel & Sarah Rude } Apr 10 th 1794 } Josiah Dodge
I Keith Nickliff clerk of the County Court for the County of Nelson in the State of Kentucky do Certify that the foregoing contains a true Copy of the or extract from the magistrate Mar- riage register of said County.
In testimony of which I hereunto set my hand and affix the seal of said office this 11 th day of Apr 1857 Keith Nickliff C.N.C.C.

State of Kentucky 3 ss . County of Larue 3 ss . On this the 10 th day of April — 1851. Before me an Acting Justice of the Peace in and for the County and State aforesaid personally appeared Mrs. Sarah O'Panel After being duly sworn according to law doth on her oath make the following declaration in order to obtain the benefit of the provisions made by the Acts of Congress passed 4 th July 1836 — 7 th July 1838 — 3 rd March 1843 — 17 th June 1844 and In February 1848 That she is the widow of John O'Daniel deceased late of Hardin County who was a Soldier in the Maryland Line in the war of the Revolution
That she was married to the aforesaid John O'Daniel on the 10 th day of April Anno Domini 1794 — and that her name before her marriage was Sarah Rude —
That her aforesaid husband died at Hardin County on the 15 th day of August A.D. 1838, and that she is still a widow, aged 75 years. That she was married to the aforesaid John O'

Daniel by one Mr Josiah Dodge a Baptist Minister and that the marriage took place in Nelson County Kentucky, That her husband the deceased John O'Daniel was a Pensioner of the United States under the act of Congress passed  That the Certificate of Pension was sent into Washington City after her husband's death, with her application to obtain the balance of Pension due at the time of her said husband's death.
In testimony whereof I have hereunto set my hand and seal this 10 th day of April 1857.
Witness 1. W. Ramsay, 2. John E Odeniel
Sarah O'Daniel  Mark
Subscribed and acknowledged before me John Mills a justice of the Peace in and for the County & State aforesaid and I hereby certify that I am well and personally acquainted with Sarah O'Daniel afore- said and know that she is the widow of the aforesaid John O'Daniel deceased who served as aforesaid. John Mills J.P. 
Before me John Mills a justice of the Peace in and for the County of Larue and State of Kentucky personally appeared James W. Larue & Wm. Friend who are citizens of Larue County aforesaid, and being duly sworn

according to law make the following declaration, That they are well and personally acquainted with the above named Sarah O'Daniel and certify that she is the widow of John O'Daniel aforesaid, and that all her statements above are correct & true, And I hereby certify that Sarah O'Daniel aforesaid is an credible witness.
James W. Laine William Friend
Subscribed and acknowledged before me John Mills a justice of the peace, and I hereby certify that James W. Laine and William Friend are credible witnesses, and all their statements entitled to full faith & credit. John Mills J.P.
State of Kentucky County of Larue. I do hereby
I Stephen W. Stone clerk of the County Court in & for the County & State above mentioned do certify that John Mills whose genuine signa- ture appears to the foregoing affidavit was and was at the time of signing the same a Justice of the Peace in & for the County & State aforesaid duly commissioned and sworn, and that all his official acts as such are entitled to full faith & credit Also that the aforesaid County

Court is a Court of Record having General Jurisdiction — Given under my hand &
Seal
Private Seal having no official Seal at Hodgenville Ky The 10 day of April 1851
J. M. McStone clerk
Sarah O'Daniel - Relict

15 Declaration, in order to obtain the benefit of the act of Congress of the 7 th of June 1832.
State of Kentucky } }
County of Hardin } }
On this the 10 th day of October in the year of our Lord one Thousand Eight hundred & thirty two, personally in open Court before the Hon. Justices of the Hardin County Court now sitting, John O'Daniel , a resident of Hardin County and State of Kentucky, aged 78 years on last May, 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 and served as herein stated.
He enlisted for 4 months, in the summer season, the year he does not recollect, in what was called the "Flying Camp". He started from Harford County in Maryland, under Capt. Bennett Bugg, and Col. Frank Holland and marched to Annapolis, then to Baltimore, thence to Philadelphia and from thence to Trenton. From Trenton he marched over into New-York and was at the Battle of White Plains. Then he was marched back to Maryland & was discharged after having served the term of 4 months.
Also about the beginning of the next Spring He enlisted for the three years in the fifteenth Virginia Regiment of Regulars
He started from Harford County Maryland under Lieutenant James Wilson and marched into Pennsylvania and joined see Dispo...

the main Army near the White Marsh Mills. He was then placed under the Command of Capt John Welch, and Col Albright - He was at the Battle of Brandywine. He was then marched about to many places, but as his recollection is bad & he being a man of very little learning he does not now distinctly remember through what places he first passed - From Brandywine he was marched through Philadelphia & Germantown and was at the Battle at that place - He was marched then to different places and was in several little skirmishes but can't name the places - He served out his term of three years and was discharged in Pennsylvania - He obtained written discharges but has lost them long since long since - not knowing that they would ever be of any service to him. He hereby relinquishes every claim to a pension except the present or annuity and declares that his name is not on the pension roll of any agency of any State.
Sworn to and subscribed, the day and date of record
John O'Daniel
We, William Crippa and John Seward do hereby certify that we are residents of the County of Hardin, and state of Kentucky We are well acquainted with John O'Daniel who has sub- scribed the above declaration and that we believe him to be a man entitled to credit on oath and that he is generally believed by his neighbors to have been a revolutionary soldier & we concur in that opinion.
John Seward
William Crippa

And the said Court do d declare it their opinion that the above named applicant was a revolutionary soldier and served as he states
John Helms JR
I Samuel Hayscraft clerk of the court of Hardin County in the State of Kentucky do hereby certify that the foregoing contains the original proceedings of the said court in the matter of the application of John O. Gracie for a pension.
In testimony whereof I have hereunto set my hand and seal of office this 16 th day of October 1832.
Sam Hayscraft att
Hardin Circuit Court. State of Kentucky.
John Adaniel On this day, the 19 th June 1833, appeared in open court before me Amstead H. Churchill, Circuit Judge, and being first duly sworn, amended his foregoing declaration as follows. Viz. "He states that he entered the service in the year 1777 - and was in service when Marquis La Fayette, entered the American army. His subsequent services were rendered as stated. He knows of no living witness or witnesses, by whom he can prove his services." As judge of this circuit, I do hereby certify, that John L. Helms, whose name appears above, is, and was at the time of the making said declaration, an acting justice of the court of the County of Hardin - and that due faith and credit is due to his official acts. It is further certified, that William Cagney - and John Seward Esqrs are reputable citizens of Hardin County - and their statements on oath, entitled to full credit.
A. H. Churchill
1833. June 19 th Am.
John L. Helms

State of Kentucky 4 Hardin Circuit Set
I Samuel Hagercraft clerk of the said court do hereby certify that the preceding three pages of writing contains the original proceedings with the amendment thereto, of said court in relation to the application of John O'Daniel for a pension - And that the writing contained on the latter part of the 3 rd page is the Amendment
In Testimony Whereof I have hereunto set my hand & seal of office this 25 th day of June 1833 And in the 42 nd Year of the commonwealth
Sam Hagercraft Clerk
Declaration
John O'Daniel
John O'Daniel Declaration
15629
[Faint, mirrored text from the reverse side of the page, likely bleed-through from the original document.]

5 th No order Grant 1st
When O'Daniel personally appears in Court this 17 th day of Sept 1832, before the Honorable Judge Churchill on oath, deposes, and amends his declaration heretofore made to obtain the benefit of the act of Congress passed 7 th June 1832 to obtain a pension & being duly sworn - he states that it still seems to him that Col. Albright commanded the fifteenth Virginia Regiment. His recollection is not distinct, but he has been labouring under that impression for a long time - Tho' he may be mistaken.
He states that in his first application he stated that he knew of no living witness to prove his services -
This is true - he knew of none then; for he had heard & believed that Bartholomew Carter was dead - He lived in another County and a considerable distance off - But he heard Cartfall that Mr. Carter was not dead - He lived in a remote and unpenetrated part of Nelson County - and it was Mr. Carters Brother who had died which misled this declarant.
He states that said Carter was with him as stated in his affidavit and the facts therein stated are true as relate to this declarant.
He therefore prays that this be taken as a part of his first declaration -
John Daniel
1832 Sept 19 th Swore to in open Court J. M. R. Stone J. B. B.

6 State of Kentucky Hardin Circuit Sct.
I Samuel Haycraft Clerk of the Hardin Circuit Court aforesaid do certify that the preceding fifth page contains the second Amendment in said Court to the Original proceedings had in the County Court of said County in relation to the pension of John Band a Revolutionary Soldier or so claiming to be and this Amendment is now attached to the Original proceedings & the 1 st Amendment.
In testimony whereof I have hereunto set my hand & seal of Office this 8 th day of October 1834 and in the 47 th year of the Commonwealth of Kentucky
Sam d Haycraft Clerk Hardin Circuit Court

I hereby certify I knew John O Daniel in the Revolution any war - in the 15 th Virginia regiment. He served three years so far as I recollect - this is the day of February 1834 Barnibais Carter his mark
This day came Barnibais Carter who is upwards of 80 years of age who is a pensioner for service done in the revolution war and made oath that the above is a true statement of facts which he knows and his knowledge given under my hand this 13 th February 1834 Lewis Read att the House in and for the County of

The affidavit of Barnaby Center taken before Abraham Miller a Justice of the peace for Hardin County Ky. to accompany the declaration of John O'Daniel made in pursuance of the act enacted passed 7 th June 1832 to obtain a pension. This affidavit being duly sworn states that at the Battle of Brandywine he first met said John O'Daniel and became acquainted with him after the battle was over - said O'Daniel often told me after said acquaintance & while we were in said service that he had enlisted for three years. His recollection is so bad and he is now 84 years of age - that he does not now recollect that O'Daniel at the time of said services ever told him where he had enlisted, though he has understood from O'Daniel these facts since that time.
Commanded at Brandywine said O'Daniel belonged to the fifteenth Virginia Regiment - This affidavit belonged to the thirteenth Virginia Regiment which Regiment at said battle was so cut up and destroyed by said battle that after the battle, the thirteenth & fourteenth joined together & after that it was called the Thirteenth Virginia Regiment - General Meighen  George commanded the thirteen

Regiment - He does not recollect who commanded the Fifteenth Regiment - He saw O'Daniel in the 1 st Battle frequently -
From Brandywine, this officer & large portion of the army were ordered to retreat to a place called the Trapp - He thinks the fifteenth Virginia Regiment went also but he has no recollection of seeing O'Daniel at that place - it was about 8 miles from Brandywine The Retreat from Brandywine was made after dark - The balance of the army met us at the Trapp - but did not come at same time
The next time He saw O'Daniel was a short time before we reached Germantown - He was in the Battle at Germantown; He thinks he saw O'Daniel in said Battle - He saw O'Daniel immediately after said Battle - He thinks General Stevens commanded at Germantown - He recollects that there was a good deal of talk about the retreat from S. Town & they blamed 1 st Stevens for it and that is the reason he believes Stevens commanded there - He was at & through a great many other places but his recollection is so bad that he can not describe them with clearness
There was a great portion of the army who were soldiers enlisted for three years and soon after saw

battle at Germantown - they were discharged His affiant enlisted as a regular during the war he recollects that those soldiers who had enlisted during the army made much talk of their being discharged as well as the men who enlisted for three years & for life terms -
His affiant served six years - He and about part of the army two Regiments went to Fort Pitt after the Battle at Germantown and the other part of the army went towards Philadelphia and he learned that Philadelphia was about that time taken from the English - He understood that a good part of the army who were at Germ- antown and among them said O'Daniel were discharged about that time but it what place he does not recollect - He under- stood from O'Daniel that his term did then expire He never saw O'Daniel after he started to Fort Pitt till after the war, when he met him in Kentucky in 1840 about 26 years ago - He does not recollect the Captain of the company in which O'Daniel served - He understood though he did not see it, that O'Daniel was discharged on ap d - Abt 17 th Sept 1834
Barnabas his Carter mark

This day personally appeared Barnabas Carter before me and made oath that the statements in the foregoing affidavit so far as detailed from his own knowledge are true and such as detailed from information he believes to be true and I, Abraham Miller a justice of the peace for Hardin County do hereby certify that said Carter is a credible witness - Sept the 17 - 1834
and we Samuel Smith and John Smith & William Furell residents of the County of Hardin State of Kentucky do hereby state that we are well acquainted with Barnabas Carter the witness who has deposed above and that we believe him to be a respectable man and entitled to credit on oath.
Sam Smith John Smith William Furell
and I Abraham Miller a Justice of the Peace for Hardin County and having duly sworn on the above witnesses do hereby certify that the above named Samuel Smith, John Smith, William Furell are respectable witnesses and are entitled to credit on oath. This 19 th Sept 1834
Abraham Miller J.P.H.C.
I Samuel Hayscraft Clerk of the Hardin County Court in the State of Kentucky do certify that Lewis Reed Esquire who certifies the certificate of Barnabas Carter on the 7 th page hereof, and Abraham Miller who certifies the further statement of said

13 Barnabas Carter contained on the 9 th 10 th 11 th pages of Sam l Smith John Smith & William Ferrill on the 12 th page hereof are Justices of the peace (that is said Levi Read & Abraham Miller) in and for said County duly Commissions and qualified and were so at time of making their several certificates and as such are entitled to due faith and credit
In Testimony whereof I have hereunto set my hand and affixed the seal of said County at my Office in Elizabeth Town this 8 th day of October 1834
Sam l Hoyer of Beck
7 th & 8 th pages (transposed)

John O'Connell answered his original deposition to obtain the benefit of the pension law passed June 7 th 1834 on oath
He states he can not recollect the precise time at which he entered the service the second time as was not long before the battle of Brandywine; but from his ignorance or want of learning and old age he does not remember the precise of battle - He was discharged in Philadelphia he thinks about the middle of the Spring season but he can not state the year He had come from Trenton to Philadelphia with a large company. He forgets whether Col. Asbury was along or not - He states his recollection is he had to give a more particular account of said service. He knows he was through many places but many of them he can not remember distinctly -
John O'Connell
We the undersigned of Berks county cert on hereby certify that the above amended deposition was this 15 th day of December 1830 sworn to and made by said John O'Connell in open court
Robt R. Brubaker P.J. H.B.

State of Kentucky Hardin County Set
I Samuel Haycraft Clerk of the County Court for the County Aforesaid do certify that the preceding 17 pages contains an Amendment in said Court to the Original proceedings had in said Court in relation to the application of John O'Daniel for a pension as a Revolutionary Soldier, And this Amendment is attached to the Original proceedings & the several Amendments thereto
In Testimony whereof I have hereunto set my hand & Seal of Office this 23 rd day of December 1834 And in the 43 rd Year of the Commonwealth of Kentucky
Sam d Haycraft Clerk Hardin County Court

15.6.29
John C. Daniel Kentucky
C.V.
for P 7- $23. 33 100
E.
Can only allow as above
Hon. Thos. Chilton H.R.

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 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, showing the Service of John D Daniel
   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.     1776 4 P. Capt. Batty Col. Holland,  The applicant's name is not found on the Roll. He should therefore prove his service by at least one credible witness, who had a personal knowledge of his service.  The witness should give his statement in conformity with the rule laid down in note {.   
I am, respectfully,
Col. Allbright did not. Your obedient servant, belong to the Continental establishment, JAMES L. EDWARDS, This is probably an error in supposing that Commissioner of Pensions. He served in a Regt commanded by a Col. of that name. He should also give a more particular & detailed statement of his services.

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 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.
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 in note [j] applies to continental troops only.
[k] This traditional evidence is indispensable in militia cases.
[l] If a witness cannot be found, the declarant must state the fact.
[m] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.

Revy  WIDOW, &c.
File No. 5441
Sarah O'Daniel
Wid:
John O'Daniel Post. Rev. War
Act: July 27/48
Index:—Vol. Me , Page 96
[Arrangement of 1870.]

Sarah O'Daniel
Pension Case
Revolutionary War

Know all men by these Presents, That I Sarah O' Daniel widow of John A. Daniel deceased late of Hardin County and State of Kentucky do hereby nominate constitute and appoint Geo. S. Marshall & Stephen F. J. Trubee my true and lawful Attorneys for me and in my name to prosecute the Claims I have for pensions under Acts of Congress passed 4 th July 1818 7 th July 1838 - 3 rd March 1843 17 th June 1844 & 3 rd February 1848 or under any other Act or Acts of the said Congress - Hereby revoking all former power of Attorneys or other Authority given to any persons or persons whatsoever, and Where an Amount or Amounts are found due me then my said Attorneys or either of them is hereby fully authorized to demand the and receive the Money or Certificate in Satisfaction for the same from the Treasury of the United States or from any Accounting or other proper officer of the same, and to sign seal and deliver any instrument or instru- ments in writing thereto that they may draw right and proper.

Henry Raleigh, & having all which my said Attorneys may do by virtue of these presents.
In Witness Whereof I have hereunto Witness, W. Ramsay, Set my hand Seal this 10 th - day 2. J E Rev O'Daniel 2. J E Mark O'Daniel
Subscribed and acknowledged before me this the 10 th day of April - 1851, John Mills J P L L
State of Kentucky } County of Same } ss.
Stephen W Stone clerk of the County Court for the County & State above named, do hereby cert- ify that John Mills whose genuine Signature appears to the foregoing Power of Attorney is and was at the time of signing the same a justice of the peace in and for the County and State aforesaid duly com- missioned and sworn, that all his official acts as such are entitled in full faith and credit. And that the aforesaid County Court is a Court of records having general jurisdiction - Given under my hand and private Seal having no seal of office, at Hodgesville Ky. the 10 th day of April A.D. 1851 S W Stone C.M.

Washington City
11 July 1851
Lad & Heath Esq
Sir
Herewith I enclose you the papers of Mrs O'Claine under the act 29 July 1849 which I hope will be satisfactory
Very respectfully G. H. J. Tramm

No 847 Sarah O'Daniel Wid of John Ky
Act 29 July 1848. $23.33 1/3 per annum Commencing 4 March 1848.
(Reyno 986)
cert to S. A. J. Habne Frankfort Ky.

Brief in the case of Sarah O'Daniel, widow of John County and State of Kentucky act 29 July 1848.
Claim, ("original," or "for increase.")
Proof exhibited, (if original.)
Is it documentary, traditional, or supported by rolls? If either, state the substance.
Husband was a pensioner under Act of 7 th June 1832. at $23.33 per Ann. Evidence of marriage; Record.
(If for increase.)
Has additional evidence been filed since the admission of the claim? If so, what?
Name and residence of Agent.
S. F. J. Habne Frankfort, Ky
A. F. Kirby Examining Clerk.

War Department Pension Office October 20 th 1834
Sir,
The papers in the case of John P. Daniel have been again examined, and they are herewith returned. Before a decision can be had, he should amend his declaration, and state the time at which he entered the service the second time, and the time and manner of his leaving it. He should also give a particular account of the services performed by him, during said service. The witness is mistaken in his statement relative to those who were enlisted for three years. They were not discharged after the battle of Germantown and before the expiration of the time for which they enlisted. The applicant belonged to a company of militia, and it is believed served for a period not exceeding three months, making in all seven months.
I have the honour to be, Very Respectfully Your O bt Servant J. L. Edwards
Hon. Thomas Chilton Elizabethtown, Ky.