Revolutionary War Pension and Bounty Land Warrant Application File S. 1164, John Barton, New Jersey

SERVICE
NUMBER
New Jersey
Barton, John
S 1164
CONTENTS
Carded.

22.246
Kentucky
John Barton of Fayette Co in the State of Kentucky who was a private in the comd commanded by Captain Vanburen of the regt commanded by Col Schum in the W. Army line for 10 months
Inscribed on the Roll of Kentucky at the rate of $3 33 Cents per annum to commence on the 4th day of March, 1831.
Certificate of Pension issued the 18 day of Oct 1833 and Charlton Hunt Lexington
Arrears to the 4th of Sept 53 33 Semi-ant. allowance ending March 16 66 $99 98
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by Dan Boyd Clerk Book E Vol. 7 Page 4

Returned cases August 15 th 1833
Ly and
Mr. Department Pension Office Washington City P.O. See

Fayette County Set
Personally appeared before me the undersigned a Justice of the Peace for Fayette County John Barton, who being duly sworn deponeth 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 ten months I served as a Private Soldier in the War of the Revolution; and for such service I claim a pension. Given under my hand August 7 th 1833 Saml Shivel J.P.
Commonwealth of Kentucky Fayette County to wit I James C Rodes Clerk of the County Court for the County aforesaid, do certify that Saml Shivel Esquire, who has signed the foregoing Certificate, is and was at its date, an acting Justice of the Peace, in and for said County, duly Commissioned and qualified as the law directs, fully authorized to administer oaths, and that his Signature is genuine; and to all his acts as such full faith and Credit are and ought to be given. —
IN TESTIMONY whereof I have hereunto set my hand and affixed the Seal of said County at Lexington Kentucky this 8 th day of August 1833 and in the 42 nd year of the Commonwealth
J. C. Rodes C.F.C.

Lexington August 9. 1833
Dear Sir,
I enclose you the papers of John Barton with corrections pointed out in your letter of instruction.
Truly Charles Hunt

24/7/23.
John Barlow. Fayette Co Kentucky
from 1776 private 10 months. $33 \frac{33}{100}
  6666  66.66    1666  16.66    8332  82.99  
Charlton Hunt Lexington or Fayette Co Kentucky

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, shewing the Service of John Barton. Fayette Co. Kentucky.
   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.     Aug 1776. 18 th 10 10 " Priv Lt. Genl. Sullivan Genl. Sullivan Col. Thompson Col. Vanclief 77 years Westerton 60 N. Jersey Traditionary  
I am, respectfully, Your obedient servant,
J. L. EDWARDS, Commissioner of Pensions.

REGULATIONS UNDER THE ACT OF JUNE 7, 1832.
The following regulations have been adopted:
This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army, and to include under the terms "Continental Line," "State troops," "militia," and "volunteers," all persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, &c., Teamsters, Boatmen, &c. Persons who served on board of private armed vessels are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service.
Four general classes of cases are embraced in this law:
 1. The Regular Troops.  2. The State Troops, Militia, and Volunteers.  3. Persons employed in the Naval Service.  4. Indian Spies. 
As rolls of the regular troops in the Revolutionary War exist in this Department, all persons claiming the benefit of this law as officers, non-commissioned officers, musicians or privates, will, in the first instance, make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides. And every Court having by law a seal and Clerk is considered a Court of Record.
DECLARATION,
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
State, Territory, or District of } ss. County of }
On this day of personally appeared (a) before A. B. a resident (b) of in the county of and State, Territory or District of aged (c) years, who being first duly sworn, according to law, doth on his oath make the following declaration, in order to obtain the benefit of the provision made by the act of Congress, passed June 7th, 1832. That he enlisted in the Army of the United States in the year (d) , with and served in the (e) regiment of the line, under the following named officers:
[Here set forth the names and rank of the Field and Company Officers; the time he left the service; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers;) the town or county or 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 enquiry 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 _____; 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 [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.
[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.
Joseph Rowen

Declaration. In order to obtain the benefit of the Act of Congress, passed June 7. 1832.
State of Kentucky } Fayette County } Set
On this 11th day of April 1833 personally appeared in open court, before the Fayette Circuit Court, now sitting, John Barton, a resident of the County of Fayette and State of Kentucky, aged 77 years, who being first duly sworn according to law, took an oath and made the following declaration in order to ob- tain the benefit of the Act of Congress, passed June 7. 1832.
That he entered the service of the United States, under the following named Officers and served as herein stated. Colonel, Capt. Clifford Smith, Johnson (I think) was Col. He entered the service about the 20th of August 1776. When he entered the service he resided near Princeton New Jersey, in Hunterdon County, in Hopewell Township, he entered as a Volunteer - he was went alone from his residence to Long Island, where he joined his company and the Army then under the command of Genl Washington, who was in the City of New York. Lord Sterling and Genl Sullivan commanded in force upon the Island. After being upon the Island a few days, the American Army was attacked by the British commanded by Howe or Clinton; after sustaining the attack a few hours, our troops were driven across the River into New York  back behind their works Lord Sterling, Genl Sullivan and many of the Americans were taken prisoners and many wounded and killed upon both sides. Affiant during the action discharged his Musket at the enemy about 18 times, his company was attached to the Wing commanded by Genl Sullivan. A brook lay between the battle ground and our works, which we swam, in attempting which (many) were drowned. After reaching the works we maintained our position until the next day when Genl Washington came over and ordered us across the River. During the night We marched from New York to the White Plains, the enemy in pursuit, but they had better a short time to we took our position behind the works at the White Plains, until the British drew near, when a portion of the Army was sent out to meet them and check their approach whilst the remainder was engaged in digging trenches and throwing up breast-works. Affiant's Regiment was engaged at the latter employment. After sustaining the fight for several hours the Americans were driven behind the works, where we continued undisturbed until night when the whole Army crossed the North River, at Top bould or Kings ferry, and marched

to Fort Lee on the Jersey side, and just as we reached it, fort Washington on the opposite side of the River surrendered. The Enemy then went above and crossed the River, and we upon hearing of it evacuated Fort Lee and retreated through New Ark, Elizabethtown, Brunswick, & Princeton, the enemy pursuing, at the distance of 15 or 20 Miles. We reached Princeton early in December 1776, the Army continued its retreat to Trenton across the Delaware, but I was permitted to go home from Princeton upon a furlough, to place my stock and property in a place of safety out of the reach of the British. After remaining at home a few days I discovered that Cornwallis, who was encamped at Penny Town, sent out small bodies of Men to plunder the country. Six of us united to attack one of these companies that might not be too strong for us, we approached as near the Camp as we deemed safe, and shortly perceived a waggon leaving the Camp, guarded by six Men, which drove up to the house of David Hunt; after they had thrown into the waggon, one, or two tuns of plunder, & returned into the house, we rushed upon them and took them prisoners, we drove the waggon with our Prisoners, nearly all night and reached the Delaware at Robinsons Ferry the next morning and proceeded on to the head quarters of the Army to give up our prisoners and enter the Army again, but Genl Washington with whom, we had an interview requested us to return to the neighbourhood of Cornwallis, suggesting that as we were well acquainted with the Country, we could be of more service in capturing small parties than in any other way. Six returned to our neighbourhood where some twenty of us, formed a party, to capture such of the enemy as might be caught out foraging, we met at the house of James Stout distant about five miles from Cornwallis camp, for the purpose of commencing operations, upon the morning that we were to start out, I left Stouts about day light to visit my Mother, who lived two Miles off and with the intention of returning to Breakfast. An Independent Regiment consisting of 500 British had come out into the neighbourhood, the night previous, to capture and plunder, as I was riding through a field they perceived me, and the most of them stationed themselves at the entrance of a lane towards which I was riding near a pair of bars, that led from the field into the lane; as soon as my horse jumped the bars, the party stationed there, rose and presented their Muskets and ordered me to surrender, I turned my horse up the lane to make my escape, and they all snapped their guns at me, which refused fire, because the powder was wet by a violent hail storm, which had beat against me.

I approached the lane, and my hat being drawn down to protect my face prevented my seeing the enemy until I was upon them. I then galloped up the lane in the hope of making my escape, but discovered their troops formed across it, and that, who were at the lane, advancing upon me. I dismounted, jumped over into a field and endeavoured to escape to a wood that skirted it, but was much impeded by the weight of my clothing, and was finally overtaken and knocked down, with the butts of the Muskets, and whilst down, was stabbed seven times with their bayonets, and still bear upon my person, the scars from the wounds. An Irish Sergeant or Corporal came up and made them desist, and I was taken to Col. Sherburne, who swore they would hang me, so soon as we reached a large tree in the road, where we got there, the cannon were heard, that were firing at Trenton, upon the 26 th December 1777, and they, upon hearing them proceeded rapidly to Princeton, and could not take time to hang me. They determined to hang me upon information given them by some of the Tories, that I had killed a Tory, which was untrue. Dr. DeCamp, an American in the neighbourhood, who was not interrupted because he attended a Tory family by the name of Stockton, told Col. Sherburne to leave me, or that I would die from my wounds. He swore that he would not, that he had seen, more wounded men, than the Doctor, and if he should leave me, I would be in Washington's camp in twenty four hours. I was then taken in company with some other Americans as a return to New York, and confined with 300 others in a sugar house, until restored by sickness, when I was placed in the hospital and kept there about a month, when I recovered and was returned to the sugar house, after an imprisonment of six months, upon the night of the 26 th June 1777, six of us made our escape, from a guard, who had been sent to the country with us, to make no more, for the Continental Department we escaped to the advance of the American Army commanded by Col. Cortland, who gave us permits to go home, I had then been in the service about ten months. He did not join the Army again, but was attached to a troop of horse, and was called out for short periods, during the continuance of the war whenever the enemy were in the neighbourhood. The only regular officers he knew whilst in the service, were Genl. Washington, Sullivan, Sterling & Putnam, others he has forgotten. He has no documentary evidence of his service, and he knows of no one, whose testimony he can procure, who can testify as to his service. Applicant was born in Hunterdon County New Jersey, on the 21 st December 1755. He has a record of his age, set down by his father in his family bible, which is now in his possession.

When called into the service he lived in Hunterdon County, New Jersey, he continued his residence there until 1788, when he removed to Fayette County Kentucky where he has lived ever since. He received a written permit to return home from Fort Mifflin and which he did not keep longer than he returned home, thinking it of no further consequence.
He refers to the following persons, to whom he is known in his present neighborhood, who can testify as to his character for veracity, and their belief of his services as a soldier of the Revolution, Thomas Ferguson, George Wane, Mrs Scott, Andrew Scott and Frederick Shryock.
He hereby relinquishes every claim whatever to an annuity or pension except the present, and declares that his name is not on the pension roll of the agency of any state.
Sworn to and subscribed, the day and year aforesaid.
John Barton
We Caleb W. Blood a clergyman, residing in the County of Fayette and Thomas Bodley — residing in the same, hereby certify that we are well acquainted with John Barton who has subscribed and sworn to the above declaration; that we believe him to be seventy seven 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 day & year aforesaid.
Caleb W. Blood Thos. Bodley
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 Caleb W. Blood who has signed the preceding certificate, is a clergyman, residing in the County of Fayette, and that Thomas Bodley — who has also signed the same is a resident in the County of Fayette and is a credible person, and that their statement is entitled to credit.
Thomas M. Hicken
I, Thomas Bodley, Clerk of the Fayette Circuit Court, do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of John Barton for a pension. In testimony whereof I have hereunto set my hand and seal of office this 11th day of April 1833.
Thos. Bodley C.H.C.

INVALID.
File No.
1164.
Please file
John Barton, Pro Lysine.
Act:
June 7, 1892.
Index:—Vol.
a,
Page
16
[Arrangement of 1870.]
x

INVALID.
File No.
1164.
John Barton, Pro Hy. Lins.
Act:
June 7, 1892.
Index:—Vol.
a, Page 16
[Arrangement of 1870.]
x