Revolutionary War Pension and Bounty Land Warrant Application File S. 8105, Humphrey Brumfield, Va.

SERVICE
NUMBER
Va.
Brumfield, Humphrey S 8105
carded
CONTENTS

Ohio 26.302
Wm Brumfield who was a Private in the State of Ohio in the Infantry commanded by Captain J. S. ... of the Regt commanded by B. ... in the ... time for
2 Yrs P $ 80.00
Inscribed on the Roll of Ohio at the rate of 80 Dollars 00 Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 3rd day of May and sent to St. Francis de Sales, Pella, Iowa
Arrears to the 4th of March 3 Yrs 240.00 Semi-ann. allowance ending March  400.00 $ 280.00
{ Revolutionary Claim, } Act June 7, 1832. }
Recorded by Deputy Clerk , book 8 Vol. 8 Page 3
✓

The State of Ohio Galbra County ss
On this 16th day of July 1833 personally appeared in open Court before the judges of the Court of Common Pleas now sitting Humphrey Brumfield a resident of the County of Galbra and State of Ohio aforesaid, aged eighty one years the twenty second day of June last (1833) who being first duly sworn according to law doth on his oath make the following Declaration in order to obtain the benefit of the Act of Congress, passed June 7, 1832. That he entered the service of the United States under the following named officers and served as herein stated, some time in the month of March or first part of April of 1796 he enlisted or volunteered into a company of militia raised in Montgomery County Virginia for six months and was placed under the command of Captain John Lucas and was marched under his command to the Lead mines where he was transferred to the command of Captain Edwards, the name of the Lieutenant is not remembered, the name of the Ensign was Robert Albert and the company was marched from there to the Moravian Towns in the State of North Carolina where this declarant served out the said six months and was honorably discharged by Captain Edwards received a written discharge which was destroyed after the war when this declarants house was burned in the County of Montgomery aforesaid. About one year after the first term of duty was finished this declarant was again called into the service of the United States by draft for six months and was put under the command of Captain John Lucas he was called out in the County of Montgomery aforesaid, was marched to a place called the Shallow Ford of Adkin

in the state of North Carolina where the company was attached to a Regiment commanded by Colonel Cleaveland at that place the Regiment had an engagement with the Tories, took several of them prisoners and this declarant received a wound in his breast in the battle from a musket shot after the battle the Regiment was marched to the Moravian Towns to guard the prisoners taken in the battle and at that place this declarant served out the six months and was honorably discharged at the Moravian Towns by Colonel Cleaveland, he received a written discharge which was burned in his house as aforesaid. In the year 1780 as he thinks this declarant was again drafted in Pittsburgh County Virginia for six months and put under the command of Captain Loneyway the lieut- enant and Ensign not remembered he was marched from Pittsburgh County to Kings Mountain where this declarant was put under the command of Captain George Paris and was there attached to the army and was in the battle fought at Kings Mountain Colonel Campbell he thinks was commander in chief and he now thinks Colonel Charles Lynch also had a command at that time his command was a regiment of mounted men called rangers he also states that Colonel Cleaveland commanded a Regiment at that Battle and this declar- ant thinks he was under his command during the engagement; he served out his time and was honorably discharged he thinks by Colonel Campbell at Kings Moun- tain which discharge was also burned up as aforesaid. In the spring of 1781 this declarant was again called out to guard the frontier for six months and was placed under the command of Captain John

Donnallson and Lieutenant John Gwynn and James Davidson Ensign he was called out from Montgomery County and was stat- =oned on the frontier on New River at a place called Big Stony Creek at Hatfield's Fort he served out his time and was honor- ably discharged by Captain Donnallson at the Fort he received a written discharge which was disproved  disproved by fire as aforesaid This declarant states he served in the whole two years in the whole under reg- =ular calls - This declarant was called out several times for short tours after the Indians, Tories and British which he has not mentioned in this declaration He states that he was in the Battle at Kings Mountain with Henry W Daniel Esq who now resides in Gallia County and can testify as to that fact he further states that he has been acquainted with said W- Daniel more than fifty years and he lived in the same neighborhood with him both at in the State of Virginia & Ohio and can testify as to this declarant having been called a Soldier of the Revolution This declarant also states that he has been acquainted with the Rev Joel Partin about sixty two years who knows of his being called into service and of his returning home, having lived at that time in the same neighborhood with this declarant - This declarant states that he has no documentary evidence - This decla- =rant further states that he has made his declaration in Gallia County of common pleas by reason of his witnesses being residents of said County of Gallia and also because he lives about on the line between the County of Lawrence and Gallia and is much nearer to the Court house in

Gallia than Lawrence County - This declarant hereby relinquishes every claim whatever to a pension or annuity except the present and declares that his name is not on the pension roll of the agency of any State Sworn to and subscribed his  mark Humphrey Burn the day and year aforesaid in open court July Term 1833 - Francis Lefflerq Ck. c.c.p. g.
This declarant further states that he was born in Amelia County State of Virginia on the twenty second day of June 1752 as he has been told by his Parents moved from Amelia County when about ten years old to Halifax County where he lived a short time then moved to Pennsylvania County where he lived a short time then moved to Montgomery County and lived there until 1816 when he moved to Gallia County Ohio now Lawrence County where he still lives.
We John Strait a deacon of the Baptist Church in Gallia County of Ohio residing in the neighborhood of the said Humphrey Bromfield and Cornelius Kelley residing in the same neighborhood hereby certify that we are well acquainted with the said Humphrey Bromfield who has subscribed to and sworn to the above declaration and that we believe him to be eighty one years old and that he is reputed and believed to be in the neighborhood where he used to have been a soldier of the Revolution and that we concur in that opinion
Sworn to and subscribed the day and year aforesaid in open court July Term 1833 Francis Lefflerq Ck. c.c.p. g. B. John Strait Cornelius Kelley

The State of Ohio Galbra County ss
On this 16th day of July 1833 personally appeared in open Court before the judges of the Court of Common Pleas now sitting Humphrey Brumfield a resident of the County of Galbra and State of Ohio aforesaid, aged eighty one years the twenty second day of June last (1833) who being first duly sworn according to law doth on his oath make the following Declaration in order to obtain the benefit of the Act of Congress, passed June 7, 1832. That he entered the service of the United States under the following named officers and served as herein stated, some time in the month of March or first part of April of 1796 he enlisted or volunteered into a company of militia raised in Montgomery County Virginia for six months and was placed under the command of Captain John Lucas and was marched under his command to the Lead mines where he was transferred to the command of Captain Edwards, the name of the Lieutenant is not remembered, the name of the Ensign was Robert Albert and the company was marched first through to the Moravian Towns in the State of North Carolina where this declarant served out the said six months and was honorably discharged by Captain Edwards received a written discharge which was destroyed after the war when this declarants house was burned in the County of Montgomery aforesaid. About one year after the first term of duty was finished this declarant was again called into the service of the United States by draft for six months and was put under the command of Captain John Lucas he was called out in the County of Montgomery aforesaid, was marched to a place called the Shallow Ford of Adkin

And the Court hereby declare their Opinion upon the investigation of the matter and putting the interrogatories prescribed by the War Department that the above named Applicant was a Soldier of the Revolution and Served as he States And the Court further Certifies that John Strait who has signed the preceding certificate is a Clergyman and Cornelius Hovey who has also signed the same are residents of the said County of Guadalupe and are credible persons and that their statements are entitled to Credit
The State of Ohio Guadalupe County ss
I Francis J. Leclercq Clerk of the Court of Common Pleas in and for said County do hereby certify that the foregoing contains the original proceedings of said Court in the matter of the Application of Humphrey Brunsfield for a pension
In Witness whereof I have hereunto set my hand and affixed the Seal of said Court at Guadalupe this twenty third day of May Anno Domini 1832
Francis J. Leclercq Clk. c.c.p. G. T.

21. 462
Humphrey Brumfield Gallia County Ohio
Return for _____
Adm 2 years
$80
Francis Le Clercq Gallipolis Gallia County Ohio

WAR DEPARTMENT,
Pension Office,
11 th October 1833.
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 Humphrey Brumfield
   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.     1776. 6. priv Capt. Lucas. " Edwars. 81 years. Montgomery Pa. Traditionary and Living witnesses. — Living Witnesses not certified to be credible.   1777. 6. " " Lucas. Col. Clearland   1780. 6. Capt. Donarray   6. " Donaldson  
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 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 _____; 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 "best of my memory" 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.

Rev Wm
8105
INVALID.
Rev
File No. 8105
Humphrey Brumfield Brumfield Miss Brumfield
Act: June 1 st 1832
Index:—Vol. 1 st , Page 45
[Arrangement of 1870.]

The State of Ohio Gallia County ss
Personally appeared in open Court the Rev Joel Sartain who being sworn swore he has been acquainted with Humphrey Brumfield about sixty two years and that he lived a near neighbor to him while he lived in Virginia and since he came to Ohio and that he knew of the said Humphrey Brumfield being called into the service of the United States as the he states in his declaration and of his return home out of the service and that his house was burned as stated in the declaration and to the best of his know- ledge the said Humphrey is eighty one years old as he states
sworn to & subscribed the Joel Sartain day & year aforesaid -
in open Court July Term 1833 -
July 16 - 1833 -
Francis Lefflery clk. c.c.p. G.C.
The State of Ohio Gallia County ss
Gallia Common Pleas March 18 th 1834
This day Humphrey Brumfield an applicant for a pension by M. K. Clough Esq. his attorney produced to the Court Satisfactory evidence that Henry McDaniel and Joel Sartain who filed their affidavits at the last July Term of this Court were credible persons and that their statements are entitled to credit the same is thereupon ordered to be assigned to the department of war under the seal of this Court.

The State of Ohio Gallia County ss
I Francis LeCurey Clerk of the Court of Common pleas in and for said County certify that the within entry is truly copied from the minutes of said Court remaining in my Office. And that the Affidavits of Henry McDaniel & Cloe Sartin contained on this sheet are the original affidavits filed in the matter of the application of Humphrey Brumfield
for a pension In Testimony whereof I have hereunto set my name and the seal of said Court at Gallipolis this twenty second day of April A.D. 1834
Francis LeCurey Clk. c.c.p. G. C.
Humphrey Brumfield 26. 4/34
Humphrey Brumfield

The State of Ohio Gallia County ss
Personally appeared in open court Henry McDaniel aged seventy years the 28th day of November 1833 who being sworn saith that he has been acquainted with Humphrey Brumfield upwards of fifty years that he was with him at the Battle of Kings Mountain as he has stated in his declaration and has ever since under- -stood that he served several tours in the Revolutionary War and from his knowl- -edge for truth and veracity and what he has known of him from above fifty years acquaintance he has no doubt that what he states the truth in his declar- -ation is true.
Henry McDaniel
sworn to & subscribed the day and year aforesaid
in open court July Term 1833 - and 16 th of July 1833
Francis Le Clercq clk. c.c.p.
_____ "