Revolutionary War Pension and Bounty Land Warrant Application File S. 7481, for Joseph Shelton, Virginia

SERVICE
NUMBER
Va.
Shelton, Joseph
S. 7481
CONTENTS
corded

16-512 Virginia Joseph Shelton
of Goochland in the State of Virginia who was a 1st H. Artillery in the Company commanded by Captain Bryan of the Regt. commanded by Col. McGuire in the Va. m. line for Semmes Inf 4th " 5th Cav
see letter to P. Col. L. J. Thompson Jr. Oct. 9. 1835
Duplicate Certificate issued June 18th. and sent to Pension Goochland Co. H. Virginia
Inscribed on the Roll of Virginia at the rate of $3 Dollars 33 Cents per annum, to commence on the 16th day of March, 1831.
Certificate of Pension issued the 6 day of Sept. 1833 and 5 mths J. M. C. Cuthbert Present
Arrears to the 16th of Sept 1833 $108.32 Semi-ant. allowance ending March 24 21.67.
$129.99
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by W. L. Williams Clerk Book 6 Vol. 8 Page 27

State of Virginia } Goochland county } ff
On this 18 th day of April 1833 personally appeared in open court before the Circuit Superior Court of Law and Chancery for the said county, now sitting, Joseph Shelton, a resident of the county aforesaid aged seventy two years, who being first duly sworn according to law with an oath make the follow- ing declaration in order to obtain the benefit of the act of Congress passed June 29 th 1832.
That in the spring of the year 1779 or 80, he was drafted from the militia of the county of Louisa, in the state of Virginia, (and served a tour of five months and a half, in the company of infant- ry from that county, under Captain Byars, at the Albemarle Barracks, as a private - was employed in guarding the prisoners of war captured at Saratoga - recollects distinctly the skill of the Hessian prisoners in gardening, and no event of interest - Col. Fontaine commanded - There were state troops, and some militia at the Barracks - That in the Christmas of 1780 or 81, it was reported that the British had invaded Virginia, and he with most of the young men of the county, volunteered, and became a private in Capt. Philips' comp- any of militia from Louisa County - marched to Richmond but did not reach that place till the enemy under Arnold had left it - Rem- ained at Richmond for some days, till the regiment was organized and the men were furnished with arms - Mr. Giles commanded the regiment and De Garmo was major - Marched down the North side of the river and crossed at Burnside's ferry - Marched thence to Cabin Point (and there met with other militia) followed the enemy thence down the river as far as the Bay Church, and after remaining there some days, returned to De Garmo's burgh and was there discharged, and in this tour

to as he served one and a half months - When the troops formed the Junction Genl. Harrison took the command - he thinks there were some regular troops in the expedition, but he does not recollect particulars - Was in no battle, (and remembers no other event of note, except hearing the enemy firing cannon, on one occasion - That when Cornwallis invaded the state, he became a member of a volunteer troop of Cavalry raised in the same county, and was sergeant of the company - Robert Barret was captain (and Anderson Thompson) Second marched with his company to Richmond, and they tendered their services to Genl. Lafayette then there, with the army; and this was in the last of April or first of May - they were accepted, and joined the army Col. Wm. Waller then in to Great Bridge, came to meet them, and allow- -ed to their equipment and accommodation - The next day but one, the troop was dispatched over the river to Petersburg, to get information of the enemy - found upon getting there, that the enemy had marched, and sent back two troopers with the news, one of whom named Bane Went over to the enemy, narrowly escaped being cut off and saw the marks of the rout of a party, under Col. Gode, at Osborne's - waited at Petersburg for orders - were directed to rejoin the army and were compelled to cross James River, in the county of Goochland, by the enemy, having gotten between them and the army - joined the army at Trev- -ille in Hanover - served there as scouts and patrollers with the Army in the march through several counties to the Rapidan where they formed a junction with Genl. Wayne, thence across the country towards the point of Fork in Plananna, and there was for sent at the opening of the road in Louisa, called the Marquis' road, having interposed between the enemy and the stores which they to  to to get possession. The army turned down the country again, and followed

The British - marched through Staatsburg  Staatsburg under Genl. Muhlenburg who commanded the War guard, (and at the short Camp he was detailed with a file of men to carry dispatches to the Dandridge  camp then at Staatsburg in Hanover - rode in the night to Headquarters, handed the dispatches and returned with an answer which was handed him by the camp in person - Marched thence to Bottom's bridges on the Chickahominy was frequently out on scouting and foraging parties and was twice chased by the enemy's horse, in the neighborhood of Hollis Forge - on one occasion the  he  firing and repeated a battle - from thence marched into the neighborhood of York, when the enemy retired to other places, but from his being always on scouting duty, he did not see the main army, or the commander in chief - and that about the time of the beginning of the siege he was discharged - that the duty of his Corps was very hard, being constantly in service, in getting information, patrolling or foraging - that he saw the regular troops under the Marquis, and many Militia - that he was several times in conversa- tion with Genl. Lafayette, and saw Genl. Wayne, Muhlenburg and Col. St. Clair  St. Clair and many other officers - that he was in no battles and that in this town he served at least four months in his said capacity of Sergeant - and during the whole time furnished his own horse. That he does not recollect ever having a discharge (and that he has no documentary evidence - that he can prove some part of his service by Hardin Duke and that he can procure one witness to the rest -
He answers to Question 1 st in the County of Louisa State of Virginia 16 March 1761.
To Question 2 d I have seen a family register, but have no record of my age -
To Question 3 d in Louisa County, Virginia when called into service, but now in the County of Goochland.
To Question 4 th I was first drafted, afterwards volunteered (ever)

To Question 5 th The declaration states the full answer to this question
To Question 6 th I never received any written discharge
To Question 7 th  He was Rev d Lewis Chaudoin, William Miller
He hereby relinquishes all claim whatever to a pension or annuity except the present (and declares that his name is not on the pension roll of the agency of any state or territory.
Sworn to and subscribed the day and year aforesaid.
Joseph Shelton
We Lewis Chaudoin a clergyman, residing in the said county of Goochland, and William Miller residing in the same, hereby certify that we are well acquainted with Joseph Shelton who has subscribed and sworn to the above declaration; that we believe him to be seventy two years of age; that he is reputed and believed in the neighbourhood where he resides to have been a soldier of the Revolution (and that we concur in that opinion)
Sworn to and subscribed the day and year aforesaid
Lewis Chaudoin
Wm Miller
And the said court do hereby declare its opinion after their investigation of the matter and after putting the interrogatories prescribed by the War Department, that the abovenamed applicant was a Revolutionary Soldier and served as he states. And the court further certifies, that it appears to them that Lewis Chaudoin who has signed the preceding certificate is a clergyman resident in the said county of Goochland and that William Miller who has also signed the same is a resident in the same county (and is a credible person) and that their statement is entitled to credit.
Wm Brackenbrough
Judge of the said court

I William Miller Clerk of the said Court, do hereby certify, that the foregoing contains the Original Proceedings of the said Court in the matter of the application of Joseph Shelton for a pension.
In testimony whereof, I have hereunto set my hand and seal of Office, this 20 th day of April in the year One Thousand eight hundred and thirty three.
Will. Miller, Clk
State of Virginia } Louisa County } ss
Be it known that on this 11 th day of May 1833, before me, the subscriber, a Justice of the Peace in and for the said County personally appeared Harden Duke a resident of the County aforesaid and a credible person, (and being duly sworn on his oath) saith that being himself enlisted by the State of Virginia to serve at the Albemarle Barracks he continued at that place during the whole continuance of service - that sometime during that period he recollects, that Joseph Shelton then of Louisa (and now of Goochland County) came to that place as a Militiaman that he does not recollect the officer under whom Shelton served nor the length of time he continued in service but he knows that the Militia served for two months generally and he supposes that said Shelton served that time.
Harden Duke
Sworn and subscribed, the day and year aforesaid before me
Charles Dabney
J.P.
State of Virginia - Louisa County to wit: I John Hunter Clerk of the Court of the County of Louisa aforesaid do hereby certify that Charles Dabney before whom the affidavit of Harden Duke above was made, now is and was at the time of taking the same an acting Justice of the Peace in and for the County aforesaid duly commissioned and that he is authorized to administer oaths and that his signature above is genuine. In testimony whereof I have hereunto set my hand and affixed the seal of my Office this 14 th day of May 1833.
John Hunter

No. 4125
Joseph Shelton Virginia
Adm 8 Months
4 Months pr In $13.33 4 Months Serf. Cav. 30.00 $43.33 2 86.66 21.66 $108.32
John M c Culloch Washington City

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 show what is necessary to be done. These 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 Joseph Shettra
   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.     1779. 2 15 pm Cap. Byars. 72 years   1780. 81. Col. Fontaine Louisiana   1 15 pm Cap. Philips Caunty   Col. Mc Gill Virginia   4. brf of Col. Cap. Barret.  
I am, respectfully,
Your obedient servant,
J. L. EDWARDS,
Commissioner of Pensions.

REGULATIONS UNDER THE ACT OF JUNE 7, 1852.
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, 1852.
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, 1852. That he enlisted in the Army of the United States in the year (d) _____, with _____ and served in the _____ (e) regiment of the _____ line, under the following named officers:
[Here set forth the names and rank of the Field and Company Officers; the time he left the service; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers;) the town or county and State in which he resided when he entered the service; the battles, if any, in which he was engaged, and the country through which he marched. This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.]
He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of _____.
Sworn to and subscribed the day and year aforesaid.
A. B.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states.
I, _____ of the Court of _____ do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of _____ for a pension.
In testimony whereof, I have hereunto set my hand and seal of office (i) this _____ day of _____ &c.
If, on examination of the proper record, the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out.
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz:
(k) We, A. B., a Clergyman, residing in the _____ and C. D. residing in (the same) _____, who has hereby certify, that we are well acquainted with _____, who has subscribed and sworn to the above declaration; that we believe him to be _____ years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.
Sworn and subscribed the days and year aforesaid.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that A. B. who has signed the preceding certificate is a clergyman, resident in the _____ and that C. D., who has also signed the same is a resident in the _____ and is a credible person, and that their statement is entitled to credit.
I, _____ Clerk of the Court of _____ do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of _____ for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this _____ day of _____ &c.
Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction.
If such surviving witness cannot be found, the applicant will so state in his declaration, (l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his

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

Reuben
7481.
✓ INVALID.  our
File No. 7481
Joseph Shelton
Prim Rev War
Act: June 7th 1832
Index:—Vol. 1 , Page 338
[Arrangement of 1870.]

Act 8. in which
J. O. Edwards Esq. Commissioner of Pensions Washington D.C.
May 1853

New York Octo 4 th 1835.
J. L. Garson Esq r
Dear Sir, I enclose you Col.
Jas. Shelleys pension certificate which Mr. Robbman at Richmond says he cannot pay bills. He gets directions from Washington. Mr. Crenshaw at the old office (Saye (United States Bank) it is due you will please give directions to the Virginia Bank to pay the amount (and also enclose the Certificate to me at Richmond
Respectfully your Most Obedt. Servt.
John Thompson

Goakland list 8 th June 10 1841
June 14 (1841)
Mr. Inman
The Commissioner of Pensions.
In the City of
Washington,
force
Mail.

Virginia, Goochland Courthouse 9 th June 1821.
Sir,
The enclosed paper is forwarded to you by request of Col e Joseph Shelton of this County - He also requests you will forward to him, or me, at this place the necessary duplicate or Certificate to authorise him to draw his pension.
Resp y Yours
Wm. Miller

State of Virginia
Goochland County ss
On this third day of June 1841. before me the subscriber a justice of the peace for the said county of Goochland personally appeared Joseph Shelton who on his oath declares that he is the same person who formerly belonged to the company commanded by Captain Robert Berson and also Captain Phillips as well as sundry other Captains as as as as in the regiment commanded by Colonel William Hartline in the service of the United States; that his name was placed on the pensions roll of the state of Virginia; that he received a certificate of that fact under the signature and seal of the secretary of War which certificate on or about the of January 1841 at or near his own house in the county of Goochland he himself lost or mislaid. Joseph Shelton Sworn and subscribed to before me the day and year aforesaid. Benj. Anderson J.P.
State of Virginia
Goochland County ss
On this third day of June 1841 before me the subscriber a justice of the peace for the said county of Goochland personally appeared Peter Guerrant with whom I am well acquainted, & he is known to me to be a person of veracity who on his oath declares that he is well acquainted with the above named Joseph Shelton and well knows him to be the same person described in the above affidavit. Peter Guerrant
Sworn and subscribed to before me the day and year aforesaid.
Benj. Anderson J.P.

State of Virginia:
Goochland County f c
I William Miller Clerk of the County Court, of the County and State aforesaid, do hereby certify that Benjamin Anderson is a Justice of the peace in and for said County, duly Commissioned and qualified, that his Commission was dated on the 24 th day of March 1809 and will expire on his death, resignation, removal from the County or removal from Office, and that his signature's above written in two different places on this paper are genuine.
Given under my hand and the seal of said County this 9 th day of June 1841. —
Wm. Miller Clerk