Revolutionary War Pension and Bounty Land Warrant Application File S. 30,916, John Cape, Va.

SERVICE
Va.
Cape, John
NUMBER
S. 30.916
CONTENTS

Susp. see letters to P. Agt. x H. L. Green July 16. 1836 - H. L. Green Sept 16 1836
25416  Kentucky
John Gape Capell in the State of Kentucky who was a Lieutenant in the company commanded by Captain Brooke of the regt commanded by Col. Brockett in the Virginia line for Two years
Enscribed on the Roll of Kentucky at the rate of 320 Dollars — Cents per annum, to commence on the 14th day of March, 1831.
Certificate of Pension issued the 8 day of Jan y 1833 and William Owens Columbia
Arrears to the 14th of Sept 800.00 Semi-ant. allowance ending 14 March 160.00
$960.00
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by Saml Boyd Clerk, Book E Vol. 7 Page 30

State of Kentucky Russell County } ss } ss
Be it known that on this 14 th day of August 1833 before the undersigned a Justice of the peace in and for the County of the personally came John Cope a resident of the County of Russell State of Kentucky aged 88 years who being first duly sworn according to law oath on his Oath state that on the 4 th day of January 1833 he made his declaration before John Vaughan Esq. a Justice of the peace in and for the County of the for a pension under the act of Congress of June 7 th 1832 to which declaration he offers this as an amendment he states that by reason of old age and the consequent loss of memory he cannot swear positively to all the particular incidents which transpired during the time he was in service But according to the best of his recollection he served not less than the periods mentioned below and in the following grades
1 st he served one year as a private Volunteer mateliaman in Capt. Barren Bookers Company as stated in his original declaration and in Col. Synchs Regiment. he further states
That in the year 1798. he entered the service of the united States as lieutenant in Capt. James Martins Company that he

he continued in service from the open- period untill after the surrender of Cornwallis in the year 1781 making a period of upwards of three years as he has stated in his former declaration he further states that each and all the aforesaid services was performed 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 services was performed he was not employed in any civil pursuit And for which service he claims a pension as an officer he states that most of the time he served as sent he was under the command of Col o Crockett sometimes he was under the command of Col o McCloud being often detached out from his regm t he further states that there is no clergyman residing near him nor does he know of any one who can testify as to their belief of his services he having mostly lived in a remote part of this Commonwealth and country for many years and for the last several years has been so much afflicted that he has been but little from home he states that since filing his original declaration he where and in what year more you can has discovered that he can prove by Charles Newman of Cumberland County Kentucky his services both as a private and officer whose deposition he designs procuring and when done will call

The same to be attached hereto
Where and in what year were you born
Answer I was born in Amelia County State of Virginia in the month of March one thousand Seven hundred and forty five agreeable to the information of my Parents which I believe to be true
2 Have you any record of your age if so where is it
Answer I have none nor did I ever have any
3 Where were you living when called into Service, where have you lived since the Revolutionary war and where do you now live
Answer I lived in Amelia County State of Virginia when I was called into Service and was a citizen of that County during the whole time of my Service after the final close of the war I moved to the County of Bedford State of Virginia where I remained until the year one thousand seven hundred and ninety six, when I moved to the County of Lincoln State of Kentucky where I lived a few years then I moved to Cumberland County State of Kentucky where I remained until the year one thousand and thirty when I moved to Russell County Kentucky where I 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 and did you ever receive a commission when you served as an officer if so by whom was it signed and what has become of it

Answer the first tour I served was as a private volunteer mili- tiaman for one year I never was drafted nor was I ever a substitute the use of my services was as lieutenant and I was regularly commissioned by competent authority but I cannot at this time state by whom It was signed but I know it was signed by the proper person my memory is now frail and cannot recollect so particular as to state by whom it was signed but at the time I received it I knew what was a good commission & knew mine was a genuine one I have lost it but now when or where I know not for my tour as a private I received a written discharge signed by my captain which I also lost
5. State the names of some of the officers Regular officers who were with the troops where you served such con- tinentals and militia regiments as you can recollect and the general circumstances of your service answer I have in the body of this declaration stated the names of some of my col o : I was frequen- tly with Generals Green Lafayette Washington & others and the general circumstances of my

Sources I have stated as well as I can Recollect
State the names of persons to whom you are known in your present neighbo- hood who can testify to your charac- ter for veracity and their belief of your services as a soldier and officer of the Revolution I have named the Mr. Blankenship who has testified for me in my original declaration There are others of my neighbours who I could refer to but owing to my decrepit situation my acqu- aintance in my present neighbo- rhood my acquaintance is limited But when I formerly lived I could refer to all my acquaintance and all of whom would testify as to my character for veracity and their belief of my services as an officer and soldier in the Revolu- tion subscribed and sworn to the day and year of?
his John + Gape mark
State of Kentucky ss. Rufel County ss.
I James Bell one of the common- wealth's Justices of the peace in and for the County of do hereby certify that on this day the above named John Gape subscribed and sworn to the above

amended Declaration in due form of law and I further certify and declare my Opinion after the investigation of the matter and after putting the interrogatories prescribed by the war depart- ment that the above named applicant John Cape was a soldier and officer of the Union army and served as he states and I further certify that the said Cape is a man of high respecta- bility of character & veracity and full confidence ought to be given to his statements I further certify that there is no clergyman resid- ing in the neighborhood of said Cape and I also certify that the said Cape is in my opinion 88 years of age and is feeble & weak and unable to attend Court and his memory much impaired from under my hand the day & year ago James Belk J.P.
State of Kentucky Ripley County Set. I William Patterson clerk of the Ripley County Court do certify that James Belk Esq. whose signature is annexed to the foregoing Certificate is and was at the date of said Certificate an acting Justice of the Peace in and for said County

of Rufeus duly qualified and commissioned as such and that full faith and credit is and ought to be given to all his official acts as such and that his signature thereto annexed is his genuine signature In Testimony
Whereof I have hereunto set My hand and affixed the seal of office this 17 th day of August 1833 42 nd year of the Commonwealth Will m Patterson clerk of the Rufeus County Court Ky

No 22541 John Cape Kentucky
from 1778 Sentiment 27 th (e) #320
l. i
William Owens Columbus 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 subjjoined 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 Cape Russell Co. Kentucky
   Period when the service was rendered. Duration of the claimant's service. Rank of the claimant. Names and Rank of the Company officers under whom he served. Names and Rank of the General and Field officers. Battles in which the applicant was engaged. Country through which he marched. Place of abode when he entered the service, and age at the present period. Evidence by which the declaration is supported.   Years. Months. Days.     1776 1 Private Capt Broke Monmouth Virginia Aged 87 Traditionary   1778 1 Supposed Lieut " Martin Col Lee Col Crockett Skirmishes with Tories Amelia Amelia County Should prove that he rec'd a commission and served as a lieutenant.   8 Supposed Served as Lieut more than three years.  
It is well known that the militia of Virginia performed their service in towns. The applicant's claim cannot be allowed for the time set forth. His being in readiness to perform service when required to do so, does not constitute a claim for said time.
Oct. 11, 1833
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 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 _____ 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 day 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 he 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 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 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 , 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.
Dyer Castor Ex: Clerk

30916 Rev INVALID.
File No. 30,916
John Cape Lient Rev War
Act: June 7 th 32 nd
Index:—Vol. 2 , Page 65
[Arrangement of 1870.]

State of Kentucky } 68
Russell County } 3
Be it remembered that on this 12 th day of December 1833 personally appeared before me the undersigned a Justice of the peace in and for the County aforesaid John Cape a resident of the County aforesaid who Being duly sworn deposeth and saith that he heretofore made his declaration for a pension under the act of Congress of June 7 th 1832 to which he offers this as an amendment he states 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 Viz he entered the service of the united States in the Early part of the year 1776 in Amelia County State of Virginia as a private volunteer militiaman in a company commanded by Capt Param

Booker he was immediately marched of and was attached to Col. St. John's Regiment or part of his Regiment and he further states that he was kept in actual service as a volun- teer he believes the whole of that year but as is suggested the militia served in towns this declarant was a volunteer and whether he volunteered for any definite length of time he is not certain but so it is if he did not when the terms of the draft the militia expired he again vol- unteered and continued in actual service and in this way he states that he served two tours of three months each and six of twenty days each as a private volunteer as above stated in the year 1796 which service was done and performed in the state of Virginia as stated in his former declarations, that is in Amelia and the neighboring cou- nties and he declares that the service was performed 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 and for which service he claim a pension. he further states

That it is probable part of Service Service was performed in the year 1777 so it is he knows he entered in 1776 and he was commissioned as Lieutenant he thinks in 1778 and he now states most posit- ely that in the year 1778 he served as Lieut. in Capt. James Martins Com- pany and in the Regiments stated in his former declarations two tours of three months each and five of Twenty days each he further states that in the year 1779 he served one tour of three months and six tours of twenty days each he further states that in the year 1780 he served one tour of three months one of forty days and two of Twenty days each, that in the year 1781 he served one tour of three months and four of Twenty days each, he states that he has made as full a statement in his former declaration as to the places and Battles & as he can recollect he further states that the different tours charged by him from 1778 to 1781 was performed by this declarant as Lieut. in the army of the Revolution and that he served in each and every tour was done and performed with with an embodied Corps called into Service by Competent authori- ty 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 and for which service I claim a pension as well for the time I served as a private as a Lieutenant Subscribed and Sworn to before me the date above
John his Cape mark
State of Kentucky Russell County
I James Belk a Justice of the Peace in and for the County of the State of do hereby certify that on the day & year above mentioned John Cape Subscribed the above amended declaration and was Duly and legally sworn to the same before me given under my hand as Justice of the day & year of
James Belk
J.P.R.G.
State of Kentucky Russell County
William Patterson Clerk of the County Court for the County of Russell do hereby certify that James Belk whose name is subscribed to the foregoing certificate is an Justice of the Peace in and for said County of Russell duly qualified and commissioned as such and that all his official acts as such Justice of the Peace are true and correct to all intents and purposes. his signature thereto annexed is his genuine signature In Testimony Whereof I have here unto set my name and affixed my seal of office this 15 th day of December 1830 William Patterson Clerk of the Russell County Court

State of Kentucky Russell County ss 3
Be it Remembered that on this 4 th day of January 1888 personally appeared Before the undersigned John Nareghan a Justice of the peace in and for the County of Russell aforesaid John Cape a Resident of the County of Russell aforesaid and State of Kentucky aged 87 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 7 th 1832 That he entered the service of the United States in the month of 1776 in the County of Amelia State of Virginia as a Volunteer private militiaman for one year under Capt Param Bookin that they were marched to various places in the neighbouring Counties that the principle duties required of them was to guard various points he was in no general engagement during the war having faithfully served the full term was Honorably discharged by his Capt. he learned no

Regular troops during the tour above his lieut. name was James Martin he states that shortly after his return home Captain Booker resigned and James Martin the lieut as of? was Com- missioned Capt. and your declarant was commissioned Lieut in Capt Martin's Company - when in the year 1778 he again entered the service as Lieut in the Company of Capt Martin that he continued in service as Lieut for upwards of one year mar- ching through various parts of the country performing the duties required of them which was mostly guarding certain vulnerable points they joined other Matilda occasionally but staid with them but a short period does not recollect the name of any officer; at the end of the year he Returned home upon parole remained there but a short time when he was again called into service as before and marched on to Mexico Edward Combs was there joined some other Matilda and marched on to the sea coast and had some skirmishes with the British and Tories he still continued in

Service marching from place to place in Col. Brooks's Regiment and sometimes Occasennally on furlough and finally was marched on to Little York where he was at the Surrender of Corn- wallis he then retired from Service he states that he served faithfully as a Souldier in the Service of the United States in the Virginia militia more than three years in the war of the Re- -bution he states that his Commission is lost but how when or where he does not Recollect nor does he at this distant period Recollect by whom it was signed he states that he is now so old and afflic- -ted by bodily infirmities that he is unable to attend Court he states that there is no person whom Testimony he can pro- -cure who can testify to his Service nor has he any documentary Evidence had having lost his discharge Commission he further states that he was born in the County of Amelia State of Virgin- -ia in March 1745 agreeable to the in- -formation of his parents which he believes to be true he has no register of his age he lived in Amelia until after the close of the war when he moved to Bed- -ford County Virginia where he lived until the year 1796 when he moved to Ken- -tucky settled in Lincoln County

Where he remained a few years when he moved to Cumberland County Ky where he remained until about two years ago when he moved to Russell where he now lives he hereby relinquishes every claim whatever to a pension or annuity except the present and declares his name is not on the pension roll of the agency of any State
Sworn to and subscribed before me the day & year of
John Daugherty J.P.
his John Cape mark
We John Blankenship Lysee Blankens- hip & John Blankenship Residents of The County of Russell State of Kentucky hereby certify that we are well acquai- nted with John Cape who has subscri- bed and sworn to the above declar- ation that we believe him to be 87 years of age that he is respected and believed in the neighbourhood where he resides to have been a soldier of the Revolution and that we concur in that opinion we further state that we have known him some of us for forty years and more and

that we never had any other belief than he served as he states we further state that the said John Cape is so old and so much afflicted that we do not believe he can attend court without great hazard and the assistance of his friends that his affliction is also age and bodily infirmity we further state that the said John Cape is and ever has been esteemed a man of strict honor and integrity subscribed and sworn to before me the day and year of
John Vaughan J.P. John his Blankenship mark Jesse his Blankenship mark John X Blankenship
State of Kentucky Dupel County ss
I John Vaughan an acting Justice of the peace in and for Dupel County and before whom the above declar- ation of John Cape was this day taken subscribed and sworn to do hereby declare my opinion after the investiga- tion of the matter and after putting the Interrogatories signed by the war de- partment that the above named appli- cant was an officer of the Revoln

tion and served as he states and I further Certify from the bodily informity of the applicant he cannot attend Court I further certify that he is highly respectable and that full credit ought to be given to his statements and I further Certify that the above  names John Blankenship Ipsen Blankenship & John Blanken- ship, who has signed the preceding certificate are all residents of this County that they are credible persons, and their statements are entitled to credit and I further certify that each of them signed and acknowledged the same and was duly sworn to the same before me on this day Given under my hand and Seal as Justice of the peace and year of
John Vaughan State of Kentucky Raper County Court January Term 1833
The declaration of John Coapes a Lieutenant in the revolutionary war was produced in Open Court Certified by John Vaughan Esq. a Justice of the Peace in and for the County of Raper as also the certificate of John Blankenship, Ipsen Blankenship and John Blankenship Certified to have been subscribed and sworn to before said Vaughan and the said Court do certify that it is

their Opinion that the applicant was an officer of the resolution and served as he states and that he is unable to attend court and that the said John Blankenship Joseph Blankenship and John Blankenship who have signed said certificate are residents of Russell County and are credible persons and their statements are entitled to credit In Testimony Whereof I have hereunto affixed my Private Seal the being the seal of office as that  present given under my hand as clerk of the County Court for the County of Russell aforesaid this 14th day of January 1833 to the year of the Commonwealth
Will S. Patterson
State of Kentucky Russell County ss I William S. Patterson clerk of the County Court for the said County of Russell do certify that John Vaughan who has signed the foregoing declaration of John Lepper and the certificate of John Blankenship Joseph Blankenship and John Blankenship is a Justice of the Peace in and for the County of Russell and duly commissioned as such that the signatures annexed to the said declaration and certificate is his genuine signature and I have attested the said declaration certificate together In Testimony Whereof I have hereunto set my name and affixed my Private Seal the being the seal of office as that  present this 14th day of January 1833 and to the year of the Commonwealth
Will S. Patterson

State of Kentucky
Cumberland County
31 st of August 1833
This day personally appeared before the undersigned Justice of the Peace in and for the County aforesaid Charles Thurmon Esq. a resident of the County State of Ky aged 72 years who being firstly sworn deposeth and saith, That he now is and has been well acquainted with John Cape now a citizen of Russell County State of Kentucky he knew said Cape while he lived in Cumberland County which was many years, I knew him when he said Cape lived in Amelia County State of Virginia before the Revolutionary war and I know that he served in the war of the Revolution as a private volunteer soldier in the Virginia militia I think about one year in Capt Booker's Company he does not recollect the christian name of said Booker this he thinks was in the year 1776 he further states that sometime there after said Cape recd a Commission as lieutenant and retired the service as lieutenant in Captain Martin's Company of Virginia Militia in Col

Crockett's Regiment, this he thinks was in the year 1778 and he knows that said Cape was in service as lieutenant from the time he so entered until after the surrender of Cornwallis in the fall of 1781 he saw said Cape repeatedly while in service commanding as lieut and knows he was regularly comm- -issioned he saw said Cape at Princeton Edward Court-house & many other places he was always recognised as Lieut, this affiant is as confi- -dent that said Cape served as Lieut from the year 1778 until the year 1781 as he could be of any part unless he had been personally present during the whole time he was well acquaint- -ainted with said Cape before he entered the service and was often with him during the war and knows he was at the surrender of Cornwallis comm- -anding as Lieut his station was never doubted he further states that after the surrender of Corn- -wallis said Cape with other Mili- -tia officers, was disbanded there Being no further use for

Then he states further that he thinks Said Capt is near 90 years of age and that Said Capt has always been esteemed an honorable upright correct man Subscribed and Sworn to before me the day & year of J. M. Emerson his Charles X. Thurmon Clerk
State of Kentucky } ss. Cumberland County }
I John M. Emerson one of the common -wealths Justices of the peace in and for the County of hereby Certify that on the day and year above written the above named Charles Thurmon Subscribed before & sworn to the above affidavit before me and I further certify that said Charles Thurmon is a resident of said County of Cum- berland state of Kentucky that he is a credible person and his state- ment is entitled to credit and further I believe he is the age he states given under my hand as Justice of the Peace this 31 day of August 1833 J. M. Emerson
Kentucky Cumberland County set I M c Rae Clerk of the Cumberland County Court do hereby certify that John M. Emerson whose name is subscribed to the foregoing certificate is an authorized an acting Justice of the Peace in & for said County, and that full

faith & credit is and ought to be Given to his official acts as such & this is his Genuine Signature Given under my hand and the seal of my office in the town of Burkeville this 31 st of August 1833.
M c King Clerk of Cumberland County Court

Pension claim
Columbia 193
Jan 16
Steele
Honble J. J. Edwards
Commissioner of Pension
Washington City
Kentucky
Returned
30 Dec. 1882

Columbia Ry. December 16 th 1833
Dear Sir
I have amended the declaration of Old W. Cape which is enclosed and hope the amendment will be satisfactory you will see he claims for services as a private as well as Lieutenant I do not know your rule on that subject he declares he served longer in each grade than he has claimed in his amended declaration of which I have no doubt if therefore it is right to make him any allowance for the little time he claims as a private in addition to his allowance as Lieut it would be well to do so of this you are the Judge he is old poor and helpless
I am Sir with Respect and Esteem Your most Obl Servt
Wm Owens

6235
July 14. 1836 Pension Office.
Mr Cape Kew
252116

Harrodsburg Bottom Russell Co Ky 18 th July 1856
Sir
There is an John Cap living in this County who is drawing a pension as a S er t in the revolutionary war & the object of this communication is to inform you that he is not entitled to it - that it can be proven by two different persons in this County that his only connection with the Army was to dress Deer Deer skins and make them up & sell them to the British
Very Res your O b lt S.
Henry L Green
To the Secretary of War Washington DC
P.S. There are several other For s drawing pensions in this County, whose pensions ought to be stop d

Horseshoe Bottom Ky 3 Sept.
Free
J. L. Edwards Esq War Department Washington City
My Dear Sir I am Yours Very truly Yours J. L. Edwards

Horseshoe Bottom 5 th Sept. 1856
Sir
Yours of the 16 th of July came to hand a few days since after having been detained more than a month with the seal broken open - and in answer I have to inform you that I am not authorised to call a justice of the peace to take the deposition of persons to prove that John Cope was not in the R eg t war; and have to request that you would authorise me to call on John Vaughn-Egg or some other J.P. of this county to take the Deposition of Mary Blankinship, Jesse Blankinship John M c Hall, Green Raw, Harry Raw & Mrs - Blankinship & And have the deposition of Patty Stone of Green Co who lived in the house with said Cope during the war - you will direct your letter via Danville & Monticello which will probable prevent it from being intercepted yours & Co. J. L. Edwards H. L. Green
Blanketed David B. mother.