Revolutionary War Pension and Bounty Land Warrant Application File S. 5827, for John Nevill, Virginia

SERVICE
NUMBER
Va.
Nevill, John
S. 5827
CONTENTS
Carded

12.457
Virginia
John N. N. N. of Hardy - in the State of Va who was a P.S. - in the - commanded by Captain Anderson of the - commanded by - in the Va - line for 6 months -
John N. N. N. Records corrected. May 23, 1904.
Inscribed on the Roll of Virginia at the rate of 20 - Dollars - Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 1 st day of May 33 and Smith James C. Gamble, Monongahela - Va
Arrears to the 4th of March 1833 40 Semi-ant. allowance ending 4 Sept - - 10
$50 -
{ Revolutionary Claim, } { Not June 7, 1832. }
Recorded by Nathan Rice Clerk, Book 6 Vol. 6 Page 19
Ad. Pension 27 Mar 1835 - Pen: Agt " " " } con. do. to same Sept. 26. 1835 - do. to J. C. Gamble Oct. 16. 1835 - do. to J. Shook & P. Agt. 29 Dec. 1835 - Order to pay 8 letter to A P. S. O. 18 Jan'y 1838.
Letter to 3 rd Auditor 1. Sep 1840.
Paid at the Treasury under the Act of the 6 th April 1838 from 4 th Sep 1837 to 4 th Sept 1839. Age notified 6 th Sept 1840
Paid as above from 4 th March to 4 th Sep 1840. Age notified 8 June 1841
Paid as above from 4 th March to 4 th Sept 1841. Agt's notif d July 22 nd 1842
Paid as above from 4 th March to 4 th Sep 1842. Age notified 24 th Oct 44 Order to pay 23. Nov 1844

State of Virginia
Harvey County, ss.
On this 16 th day of October 1832, personally appeared in open court before the Court of Harvey County now sitting John Atkinson a resident of the County of Roanoke and State aforesaid aged 67 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 7 th June 1832: That said line is the month of March or April of the year 1781 he entered the service of the United States as a substitute for Thomas Talbot, who had been unable to serve a tour of three months; that as such substitute he marched under Capt. Michael Stump, Lieut. Samuel Sternback and Ensign James Tapp. He further states that he marched as far as Fredericksburg in Virginia under the command of Capt. Stump and at that place was attached to Capt. Anderson's Company of Infantry, he being without arms, and orders having been given by Gen. Wayne that those who had rights should march under the command of Capt. Stump; then was he detached from the command of Capt. Stump - Your affiant further states that at the time he was attached to the Infantry Company commanded by Capt. Anderson, Lieut. Sternback was also attached to the same Company, and that under the same command of said Anderson, Sternback & Lieut. Barkman Lewis and Ensign Stearnian, he marched to Richmond in Virginia at which place Capt. Anderson's company were furnished with muskets; that immediately afterwards he was attached to the baggage guard, and marched to Hanover Court house from thence to the Rappahannock on the rapid of the river, at which place he was joined by Col. Anthony Wayne - from thence we

March to Brattlebridge, at that place he was attached to the regiment commanded by Col. Elias Dows, and that within a few days after joining said regiment he was again attached to the baggage guard at Brattlebridge, at which place he was discharged by Major Higgins, his time of service having expired.
Your declarant further states that in the month of March 1862 he entered the service of the United States, as a substitute for John Merrill, who had been drafted to serve a term of 3 months; that he went from Brattlebridge in the county of Hany (then Hampshire) to Winchester in Frederick County, Va. at which place he joined a company commanded by Capt. James Simmerald, Lieut. Shannon, and Ensign James Durban, and was there placed as one of the guards over the British prisoners. He was at that place discharged by Capt. Simmerald. Given to the declarant, the day of  year aforesaid. the hereby acknowledged
He hereby relinquishes every claim whatever to a pension or annuity, except the present, and declares that his name is not on the pension roll of the Army of any State. Sworn to, and subscribed the day and year aforesaid.
John Merrill
Martin Hawk appearing in open Court and made oath that the said John Merrill, the declarant served a term of 3 months as stated by him in the foregoing declaration, under the command of Capt. James Simmerald, as a guard at the Banicks near Winchester; that this affidavit was a mistake with said Merrill during that time & that he believes said Merrill to be unaware of the years of service to be described in open Court this 16 th of Oct. 1882.
Martin Hawk

Jacob Yoakum affirmed in open court and made oath that the said John Merrill the de- ponent served a term of three months as stated by him in the first part of the foregoing declaration under the command of Captain Michael Sturtevant Lieutenant Frank Hornback and served for the time and in the man- ner therein stated this affiant being engaged in the same service and that he believes said John Merrill is sixty seven years of age Given to you and subscribed in open court this 16 th day of October 1832
his Jacob Y. Yoakum
mark
1 Where and in year were you born? Ans. I was born in the year 1765 in the County of Hamp- shire now Hardy County, on the 20 th day of November 2 Have you any Record of your age & if so where is it Ans. I have none 3 Where were you living when called into service where have you lived since the Revolutionary war and where do you now live? Ans. When called into service I lived in the County of Hampshire (now Hardy) and had resided in said County since the year 1830 at which time I removed to the County of Hampshire (now Hardy) and 4 How were you called into service were you drafted did you volunteer or were you a substitute and if a substitute and if a substitute for whom? Ans. I was called into the service on the first call & was a sub- stitute for Thomas Talbott; and on the second as a sub- stitute for John M. Price 5 state the names of some of the officers who were with the troops where you served such Continental and Militia Regiments as you can recollect and the general Circum- stances of your services? Ans. I knew Col. Elias Edwards - Genl. Anthony Wayne, and the Majors De La Fayette - & Genl. Muhlenberg -

6 Did you ever receive a discharge from the service and if so by whom was it given and what has become of it. Ans. On my first leave I was permitted to return home by Maj. Steggen - On my second leave I received by Capt. Van Horn, but the discharge has been lost
7 State the names of persons to whom you are known in your present neighbourhood and who can testify as to your character for veracity and their belief of your services as a soldier of the Revolution. Ans. David Mincey, James Parsons, and many others: that in the County of Shelby he can procure abundant evidence of his character and from the most respectable sources. And the said Court do hereby declare their opinion that the said applicant is a Revolutionary soldier and as such entitled to a pension.
I have been enabled after the investigation of the matter and after putting the interrogatories prescribed by the war department that a former application was not voluntary solacing and serving as he states, and the Court further certifies that it appears to them that Martin Hawk and Jacob Cookham who have signed the foregoing affidavits, reside in the County of Shelby and are credible persons, and that their statements are entitled to credit.
I James Van Gantle Clerk of the Court of Shelby do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of John Mincey for a pension.
In testimony whereof I have hereunto set my hand and seal of office this 16 th day of October 1832 and in the 57 th year of American Independence
James Van Gantle
15423. John Mincey

15423
John Nevill Hardy co Virginia
Admrs for 6 mo $20.00
James fan Gamble 6th Moorefield Virginia

BRIEF in the case of  John Nevill  of Hardy county in the State of Virginia  (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge? cont  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?  3. How old is he? 67  4. State his service, as directed in the form annexed. 
   Period. Duration of Service. Rank. Names of General and Field Officers under whom he served.   Years, Months, Days.     Subs Title In 1781 for Thomas Talbott 3 Private Gen. Anthony Wayne Capt. Michael Stump Capt. Anderson   Subs Title 1782 for John Nevill 3 Capt James Simrall No Colonel named  
 5. In what battles was he engaged? None  6. Where did he reside when he entered the service? Hampshire co Virginia  7. Is his statement supported by living witnesses, by documentary proof, by traditionary evidence, by incidental evidence, or by the rolls? living witnesses  8. Are the papers defective as to form or authentication? and if so, in what respect? Perfect 
X Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
J. G. Bradford Examining Clerk.

Charksburg Jan y - 10 - 1839
I am requested to forward the to your department the pension vouchers of John Neville, and if found correct please forward them to Mr. A. P. Goff the att o . named and direct payment of the same.
Yours J. A. Reed
J. P. Edwards Esq.

John Neville Jr. June 1832) Va or Alliecing $ 20
To What time last paid
Pension Office 17 Jan'y 1838.
70 to the 4 Sep 1835
217

Rehras
582 4
INVALID.
File No. 5827
John Neville
Pr. Rev. War
Act: June 7 th 1832
Index:—Vol. M , Page 273
[Arrangement of 1870.]
John Nevill. May 23, 1904. Records corrected. ff

BRIEF objections to the admission of Pension Claims , of which those answered in the negative, in red ink, will apply to the claim of John Nevill of Hardy county, Virginia which require further proof or explanation.
I. Does the declaration show where the applicant resides? yes II. Did the declarant make the declaration in the county where he resides? yes III. If the applicant did not make the declaration in the county where he resides, is there any reason assigned for his not doing so? IV. Has the declarant mentioned the period or periods of the war when he served? yes V. * Has he mentioned with precision the length of his service, and the different grades in which he served, in language so definite as to enable the department to determine to what amount of pension he is entitled? yes VI. Has he given the names of the officers under whom he served, in conformity with the regulations? yes VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832? yes VIII. Has the Court given their opinion? yes IX. Has the Clerk given his certificate? yes X. Is the Clerk's seal affixed? And if so, has it a device or inscription by which it can be distinguished from any other seal? yes

XI. Has the applicant obtained the evidence of a clergyman and another respectable citizen as to their belief respecting his age and the general belief in his neighborhood relative to his revolutionary service? Two credible living witnesses - No clergyman XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it? No XIII. If the applicant has no documentary evidence, and has not obtained the testimony of at least one living witness, has he stated in his declaration that such proof cannot be had? XIV. †If the applicant's name is not found on the rolls of military service, has he produced a witness or witnesses as to his service? If he has produced direct proof as to service, has the magistrate who administered the oath, certified to the credibility of the witness or witnesses? Has the proper officer certified to the official character and signature of the magistrate as the regulations direct? XV. Does it appear from any of the papers that the witness was in such a situation, or of such an age, as to have a personal knowledge of the applicant's service? yy XVI. ‡Are the papers authenticated as the regulations direct? yes XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered? yes
 EXPLANATORY NOTES.
* QUERE V. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words: "Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service, but according to the best of his recollection he served not less than the periods mentioned below, and in the following grades; For _____ year _____ months, and _____ days, I served as a _____ For _____ months and _____ days, I served as a _____; and for such service I claim a pension."

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 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 shewn 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.
QUERE XIV. Proof of Service.
In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses, who are required to set forth in their affidavits the time of the claimants entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
QUERE XVI. Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other paper authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the 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.
In every case where the clerk of the court, or other certifying officer, has no public seal of office, the certificate of a member of congress, proving the official character and signature of the certifying officer, should accompany the papers.

Moorefield W.Va Oct. 13 th 82 To
Love
The Hon. J. L. Edwards
Commencing of session
Washington
Oct 16
In Nevada
Jan 1

Memphis Oct 12 1835
Sir
The papers prepared for Mr. John Atkille, of Randolph County, a prisoner of the United States, as a suit to your department, have been sent to Mr. Atkille, agent here, with a note, stating that they could not be received by you, as there is a striking dissimilarity between the signature to an original in your office and the signature to the papers returned.
Mr. Atkille's son, who is now here, informs that the signature to the declaration in your office, was, as he believes, affixed by a gentleman from Clarksville, who had been appointed to relate the declaration of prisoners in that section of country, in consequence of the many frauds practiced there. If so, it will be utterly impossible for Mr. Atkille to furnish a signature corresponding with the one to that declaration - and he will be ultimately deprived of the benefit of his prison - Young Atkille further states that the signatures affixed to the papers returned were made by himself, at his father's request -
This, I should conceive, would be an immaterial objection, as Atkille appeared before a magistrate of Randolph County, and acknowledged them to be his, and

1. That effect we have the certificate of Mr. Jacob W Lee, whose official character is certified by the Clerk of that County, under his seal of office.
If the difficulty still exists in your mind please inform me particularly in what manner it can be removed.
Most resp. Edw. W.
Yours respectfully
Leban Gamble

TREASURY DEPARTMENT,
SECOND COMPTROLLER'S OFFICE,
July 6 th , 1842.
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 Neville ,
a Pensioner on the Roll of the Wheeling, Va. Agency, at the rate of Twenty 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. 1841.
Respectfully, yours,
William L. Lane Comptroller
To the COMMISSIONER OF PENSIONS, Present.

TREASURY DEPARTMENT,
Second Comptroller's Office,
September 3 d 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 Neville, a Pensioner on the Roll of the Wheeling, Va. Agency, at the rate of Twenty 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 Sept. 1837, to the 4 th Sept. 1839.
Respectfully yours,
Alonso B. Latta
Comptroller.
To the Commissioner of Pensions,
Present.

Pension Agency Wheeling November 18 th 1844
Sir I enclose for examination vouchers of Mrs. Neville pensioner Act of June 18 th 1842
Very respectfully
Yr. obedt Servt
J. Stuart Prorrie
Pension Agent
J. L. Edwards Esq Comm r of Pensions Washington City

TREASURY DEPARTMENT,
SECOND COMPROLLER'S OFFICE,
Jan'y 23 d 1844.
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," and the third section of the Act of August 23, 1842, extending the time within which pensioners may receive their pensions from the pension agents, John Neville , a Pensioner on the Roll of the Wheeling Agency, at the rate of Twenty 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. 1842.  Respectfully, yours,
Comptroller.
To the COMMISSIONER OF PENSIONS, Present.

TREASURY DEPARTMENT,
Second Comptroller's Office,
June 3 d 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 Neville — a Pensioner on the Roll of the Wheeling, Va. Agency, at the rate of Twenty — 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,
William L. Paton
Comptroller.
To the Commissioner of Pensions,
Present.

Dec 26
Noonfield va Dec 22 nd
Miss
Dear: J. L. Edwards
Commissary of Prison
Washington
Geo. Norville
Jan 1 Oct 32
12451

Monmouth Dec. 22 d 1835
Dear Sir
I again present to your consideration the papers of Mr. John Edwards in relation to his pension claim, with affidavits explaining the variance of the several, between the papers furnished to those filed in your office, and which I hope will prove entirely satisfactory.
Other papers might have been proposed with Mr. Edwards's more of marks, but I thought it better to send those which had been objected to, with such explanations as you had directed, to show that concealment of the transaction was not sought, but that the whole matter was conducted free from fraud or the intention of fraud -
I am aware that new rules of practice have been prescribed upon the pension department, and that it requires great vigilance to detect frauds there - yet I thought young Edwards's candid acknowledgment would have been sufficient to have saved him from the imputation of fraud -
Should the papers, as now offered, be satisfactory, you will please enclose them to Mr. Shuck at Rockland.
J. S. Edwards Esq. Com. of pension
Yours Respectfully John G. G. G.

John N. Noble - Penn Ran City
Can't decide
compare this with Dec n

John Nevill draws $20. John Nevill draws $20.
On the 4 th of Nov. 1834. W. Nevill gave the following account of his age Revolutionary Service to Col. John H. Campbell County in the year 1765.
In March or April 1781. Not being quite sixteen years old, he substituted himself in the place of Thos. Fisher who was drafted to serve a three months term. Marched under Capt. Michael Stump. Went from back from near where field to Winchester, were joined there by a militia company under Capt. Anderson. the two companies under Major Higgins. Went on to Winchester. Frederick City. He joined with Col. Lee behind the main army under Lafayette, & Gen. Shelburne. retreated to the Rappahannock Ind. where Gen. Wayne joined the American army. he Nevill brought the baggage guard and went back to Brandy Bridge, there got his discharge after serving the term. He cut him -
In March 1782. he substituted himself in the place of John McNeil who was drafted for 3 months. - he was sent to the Winchester Barracks under Capt. James Simms to guard the prisoners of other places. Where served out the 3 months term. he found his service in his county court of Hardy. the town of Leesburg. the estate of Martin Stock who lived with him. James Gamble with his declaration. & charged him nothing.
In writing these his trying contains the truth then to subcribe my name. I am Your Nathan Giff. John Nevill Mark
Note. was there any such Service in the Spring of 1782 -
W. Giffey and Nov. 27-1834