Revolutionary War Pension and Bounty Land Warrant Application File R. 1,604, James Callahan, Va.

SERVICE
Va.
Callahan, James
NUMBER
R. 1604.
CONTENTS
Blank lined section for contents.
Blank lined section for contents.

Declaration in order to obtain the benefit of the act of Congress of the 7 th of June 1832.
The State of Ohio } ss
County of Guernsey } ss
On this twenty sixth day of March personally appeared before the Judges of the Court of Common Pleas for said County James Callahan
a resident of Adams Township in the County of Guernsey and State of Ohio, aged twenty two 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 provisions made by the act of Congress passed June the 7 th 1832. That he enlisted in the army of the United States in the year ----- with Capt David Dudley, and served in the fifth regiment of the Virginia line under the following named Officers, Colonel Purly Horn Major James Small, Captain David Dudley, Lieutenant Phillip Reed Ensign Thomas Owens, first sergeant Thomas Reed, That he enlisted as aforesaid and served for the term of three years as a private, but from old age and consequent loss of memory he cannot swear either to the day month or year in which he entered or left the service, that he resided in Spottsylvania County in the State of Virginia when he entered the service as aforesaid that immediately after his said enlistment he marched with said Regiment to Fredericksburg where he remained as nearly as recollected about six months, he then marched to Williamsburg where the regiment had a skirmish with the British in which the regiment was defeated that he was in the skirmish and that about fifteen men out of the regiment were killed in the skirmish, from Williamsburg he marched to Osborne on the James River, between Richmond and Williamsburg, and remained there two or three months, from thence they marched to a place called Cabbins Point about thirty miles from Osborne also on the James River, remained at Cabbins Point about two or three months, from thence he marched to Hillsborough and got there about the time of General Gates defeat, from thence returned to Hanover, did not remain long there but soon marched up to Fredericksburg, soon after to Culpepper Court House remained there two or three months, then marched back to Fredericksburg, and remained there until his said term of enlistment expired when he was discharged - which discharge he lost more than thirty years since
He hereby relinquishes every claim whatsoever to a pension or an annuity except the present, & he declares that his name is not on the pension rolls of any agency in any State -
Sworn to and subscribed this day
James his Callahan mark

and the Court do hereby declare their opinion that the above named applicant was a soldier in the army of the revolution and served as he states —
I Moses Sarchet Clerk of the Court of Common Pleas for the said County of Guernsey do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of James Callahan for a pension
In testimony whereof I have hereunto set my hand and seal of office this twenty-sixth day of March A.D. 1833 —
Moses Sarchet Clerk
Callahan's application
29.868
[Faint, mirrored bleed-through text from the reverse side of the page, including names and dates.]

Declaration in order to obtain the benefit of the act of Congress of the 7 th of June 1832.
The State of Ohio } ss
County of Guernsey } ss
On this twenty sixth day of march personally appeared before the Judges of the Court of Com- -mon Pleas for said County James Callahan — a resident of Adams Township in the County of Guernsey and State of Ohio, aged twenty two 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 provisions made by the act of Congress passed June the 7 th 1832. That he enlisted in the army of the United States in the year — with Capt David Dudley, and served in the fifth regiment of the Virginia line under the following named officers, Colonel Presley Horn Major James Wall, Captain David Dudley, Lieutenant Phillip Reed Ensign Thomas Owens, first sergeant Thomas Reed, That he enlisted as aforesaid and served for the term of three years as a private, but from old age and consequent loss of memory he cannot swear either to the day month or year in which he entered or left the service, that he resided in Spotsylvania County in the State of Virginia when he entered the service as aforesaid that immediately after his said enlistment he marched with said Regiment to Fredericksburg where he remained as nearly as recollected about six months, he then marched to Williamsburg where the regiment had a skirmish with the British in which the regiment was defeated that he was in the skirmish and that about fifteen men out of the regiment were killed in the skirmish. From Williamsburg he marched to Osborne on the James River, between Richmond and Williamsburg, and remained there two or three months, from thence they marched to a place called Cabbins Point, about thirty miles from Osborne also on the James River, remained at Cabbins Point about two or three months from thence he marched to Hillsborough and got there about the time of General Gates defeat, from thence returned to Hanover, did not remain long there but soon marched up to Fredericksburg, soon after to Culpepper Court- -House remained there two or three months, then marched back to Freder- -icksburg, and remained there until his said term of enlistment expired when he was discharged which discharge he lost more than thirty years since. He hereby relinquishes every claim whatsoever to a pension or an annuity except the present & he declares that his name is not on the pension rolls of any agency in any State — Sworn to and subscribed the day and year aforesaid
James his Callahan mark

29 8/88
James Callahan Ohio
Return J-
Hon J. M. Bello Ho of Rep.

WAR DEPARTMENT,
Pension Office,
13. March 1834
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, shewing the Service of James Callahan
   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.     Enlisted 3. private Col Thoms Maj. Quarles 72 years Spottsylvania County Va  
I am, respectfully,
Your obedient servant,
JAMES 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 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.
[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.
[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.

Cambridge Oct 31 1841 Ohio
Sir, I received, your in answer to mine in due time informing me the necessary witnesses to the Declaration, which is so difficult to procure, as Mr Callihan is so far from his native home 2 or 3 letters as been sent to Virginia, and no answers received, the supposition is that they are all dead at his request I wrote to his brother in law in Lexington Kentucky, by the name of Moses Henny and have waited until this date for an answer not receiving any I concluded that he is also dead, I have obtained his former declaration and your printed letter which I enclose you, you will perceive the court of this County was fully satisfied of his services as private soldier in the Revolutionary war, the old man thinks it very hard to be deprived of his pension merely for want of second testimony, when such men as George Dill should receive from Government pension who is wealthy and in the prime of life - as friend of the war worn soldier I hope you will do the best you can with the Honorable Secretary of war and the President for his relief, yours respectfully Yr affe Joseph Gallup James L Edwards Esquire

February 21, 1934.
Mrs. C. H. Loeb
Cambridge City, Indiana.
RA-J/ILL James Callahan R. 1604
Dear Madam:
Reference is made to your letter in which you request the Revolutionary War records of James or William Callahan of Virginia.
Revolutionary War data furnished by this office are obtained from claims made to the United States for pension and bounty land based upon service of soldiers in that war.
A search of the records has been made and there is no claim on file based upon service of William Callahan, under any spelling of that surname. The record of James Callahan has been found and is given below as shown in the papers on file in pension claim, R. 1604, based upon his service in that war.
James Callahan was a resident of Adams Township, Guernsey County, Ohio, on March 26, 1833; he applied then for pension that might have been due on account of his services in the Revolutionary War. He stated that, while a resident of Spotsylvania County, Virginia, he enlisted and served three years as a private in Captain David Dudley's company, Colonel Presley Thorn's 5 th Virginia regiment, that he was in a skirmish near Williamsburg, Virginia, marched to Hillsboro about the time of Gates Defeat, later returned to Virginia and was discharged at Fredericksburg; specific dates of enlistment or discharge from the service were not stated.
His claim for pension was not allowed as he failed to furnish proof of service as required by the pension law under which he applied.
In 1841, the soldier was referred to as a native of Virginia;

at that time reference was made to one Moses Kenney(?), or Henney (?), of Lexington, Kentucky, as the brother-in-law of James Callahan.
There is no reference to wife or children of the soldier in this claim.
Very truly yours,
A. D. HILLER, Assistant to Administrator.

1934 - Feb. 21 - Advt. to Mrs. C.H. Loeb - I.D.L.
16114
REJECTED
P.O. James Callahan Guernsey Co Ohio 7 Vets Service: Adams Township
Enlisted: _____, 18
Discharged: _____, 18
Rejected + Suspended Pension - Page 344 - Suspended claims
Application filed: _____, 18
Reason - Not on rolls - No proof of service -
Alleges: J.L.L. - 2/21/34
Re-enlisted: _____
Attorney: _____
P.O. _____
_____ Recognized. _____ Contract.
_____ Cert. of Dis. Searched for _____, 18

James Callahan Ohio
Suspended
Per 1 st 8 th Nov: 40 to Joseph Gallup Hon. C. D. Albright May 16/1836
1604
Act 7 June 1832

Washington, D. C., May 12, 1856.
Sir,
I have the honor to request you to inform me whether application for pension has been made by the heirs of James Calahan, of Guernsey County, Ohio, and, if so, what decision was had upon it.
I am, very Respectfully,
Your Obt. Servant,
C. J. Albright.
Hon. J. Minot, Com. of Pensions. } }

J. Gallup
8 Nov 1841
OC

Pen Officin
Nov 8. 1841
97
Sir,
The declaration of James Callahan has been rec d & filed. He alleges to have enlisted for three years under Col. Presly Thorn and Captain David Dudley. There were no such officers who belonged to the Virginia line, nor is the applicant's name found on the rolls of those who belonged to the Virginia troops, in this office. If, therefore, he enlisted and served as alleged, it must have been under some other captain and colonel; whose names should be given, and he should prove his service by witnesses from personal knowledge in order to a favorable decision. Perhaps some proof of the service may be procured on application being made to the J. L. Heath, Esq., Auditor, at Richmond, Virg a .
W. Joseph Gallup Cambridge, Ohio
O. C. 29.868 at 30 sent

Am. J. Albright H. A. Rapp }

Pen. Off: May 16, 1856
Sir,
In reply to yours of the 12 th inst., I have the honor to state that James Callahan, of Ohio, applied in 1841, for pension under act of June 7/1832, & that his claim was suspended for the reasons assigned in a letter to his agent dated Nov. 8/1841, of which the enclosed is a copy. No papers have since been filed in relation to his claim.
Very Resp. Serv t T C
Am C. J. Albright H. Rep.

Cambridge City Ind Veterans Administration Washington D. C.
Feb 6 th 1934
Dear Sir -
Can you please send me the Revolutionary Record of James or William Callaghan or Callahan that served from Virginia in that war. Thanking you in advance for the favor
James - R To ser. app Ohio
Mrs C. H Loeb
Cambridge City, Indiana