Revolutionary War Pension and Bounty Land Warrant Application File S. 16,344, John Caldwell, Va.

SERVICE
Va.
Baldwell John or Bolvell.
NUMBER
S. 16,344
CONTENTS
carded

13894 Indiana
John Caldwell of Vigo Co in the State of Indiana who was a private in the Company commanded by Captain Flory of the regt commanded by Col Scott in the Virg. Militia time for 6 months from 1777.
See letters to P. A. at Terre Haute & Hon. J. W. Davis H. R. Feb. 9. 1836 - Pen. Agt. May 4, 1837.
Inscribed on the Roll of Indiana at the rate of 20 Dollars — Cents per annum to commence on the 4th day of March, 1831.
Certificate of Pension issued the 11 day of July 1833 — and sent to G. W. Cutler, Terre Haute. Ind.
Arrears to the 4th of March 1833 $40. — Semi-ant. allowance ending Oct 1, " 10. $ 50 —
{ Revolutionary Claim, Act June 7, 1832. }
Recorded by M. H. Allen Clerk Book C Vol. 7 Page 107

State of Indiana Vigo County
On this 7th day of May A.D. 1882 personage appeared in open court before the Vigo Circuit of Indiana now sitting Peter Calmell a resident of Vigo County Indiana aged 78 years and 4 months 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 the 7th day of June A.D. 1882
He says that he entered the service of the United States in the latter part of the summer of the year 1877 under the following named officers Thomas Florina or Thomas Florany Lieutenant Thomas Moore Ensign John Allen and the following were the field officers under whom he served Colonel Scott & [blank] A [blank] he says that he cannot remember the precise day or month in which he entered the service but knows it was in the latter part of the summer of the year 1877 nor does he remember the day or month on which he was discharged but believes his term of service was three months he says that he was residing in Prince Edward County in the state of Virginia at the time when he entered the service and he says that he was a volunteer the first and second divisions of Virginia Militia having been called out it was found that there was not a sufficient number of men to complete the two divisions when volunteers were called for and he volunteered in the first division
He says that he was first marched to Richmond from there to Williamsburg which was at that time the seat of government

and that he was stationed at a place called "The College Camp," from thence Two miles to charge of the Maygine he was marched and then to Little York on York River about twelve miles from Williamsburgh where he remained until he was discharged and he says by reason of his age he he cannot remember the particulars of this his first term of service he does however remember that while he was stationed at Little York that he saw Scott's Fleet on its return from St. Helena on its way to Philadelphia he says that in the year 1780 he was drafted and again mar- ched to Richmond where after remaining for a considerable time he was employed to drive a publick waggons from Richmond to Roanoke River (Taylor's Ferry) at which place he was again discharged which discharge is herewith sent marked A. and he says the said discharge is the only document in his possession which would go to prove his services his first discharge having been erroneously lost and he further says that he knows of no person whose testimony he can procure who can testify to his services except the persons whose affidavits are here with sent he says that he was born in Prince William County Virginia in the year 1755 he says that he has a record of his age at home which was taken from a record kept by his father in his Bible he says that in 1782 he was again drafted to march against the Chickamauga Indians (a branch of the Cherokee nation) but the particulars of this campaign has intirely escaped from his mind he believes this last term of service was during three months

he says that since the Revolution he has resided in Augusta County Virginia for some time from which place he removed to the State of North Carolina now called Tennessee in the County of Sullivan of said State he resided about one year then he removed to Washington County in same State where he resided about one year when he returned to Sullivan County where he again resided four or five years when he removed to Blount County in the State of Tennessee where he resided until October 4 th 1831 when he removed to Vigo County Indiana where he now resides he says that there is no clergyman residing in the County with whom he is well acquainted or who is well acquainted with him but he says the following named persons are well acquainted with him and know that he is reputed to have been a Revolutionary Soldier.
William Durham Joseph Mason Allison Bruce Alexander Egelton William Ray and he could name a great number more of his neighbours but conceives it unnecessary as the above named persons are all men of notoriety and he hereby relinquishes 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.
As to the said John Caldwell further says that there was no return made of his services during his first term as the amount of pay was so small and so difficult to obtain that the Captain said he would not make a return but offered to pay the amount out of his own pocket which was refused.
John Caldwell Sworn and subscribed the day and year aforesaid G. Gilbert Clerk

I Samuel McElaine do here by in presence of Almighty God Solemnly swear that I was a volunteer in the Militia company of Captain Thomas Smith and was stationed at Rich- mond in the State of Virginia in the latter part of the summer of the year 1780 and I know that John Calwell was also stationed there also at that time and be- longing to the Militia company of Captain Francis Long and serving in the same
Sworn and subscribed to the day & year aforesaid. B. Gilbert Clerk
Samuel McElaine
We William Ray and Alexander Egleton residing in the County of Vigo State of Indiana do here by certify that that we are well acquainted with John Calwell who has subscribed and sworn to the above declaration - and that we believe him to be a soldier of the reso- lution and we further believe him to be 88 years and four months old that he is reputed and believed to be a soldier of the resolution throughout the neighbour- hood where he resides and we concur in that opin- ion having known him for the last twenty or thirty years
William Ray
Alexander Egleton
Sworn and subscribed the day and year aforesaid
B. Gilbert Clerk
And the said court do here by declare their opinion after the investigation of the matter and after reading 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 William Ray and Alex- ander Egleton who have signed the above certificate are citizens of the county of Vigo and are credible persons whose statements are entitled to credit
A. Kinney President Mr. Chamberlain A.P. B. Wilson A.P.

No 25481 John Colwell Vigo County Indiana
from 1777 private 6 months $20.
G.W. Cutter Terre Haute Indiana

WAR DEPARTMENT,
Pension Office,
183
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, showing the Service of John Calwell Vigo County Indiana
   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.     Entered June 1799 — 3 — private Col Scott 78 years Prince Edward County Virginia Testimonial evidence & own testimony papers correctly attached - our files Documentary evidence   Drafted - 1780 Not stated Waggoner Capt Long   Drafted 1782 — 3 — private  
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 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 _____ For _____ months and _____ days, I served as a _____; and for such service I claim a pension."
It is important, in all cases, to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months , is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state that they served two years in the militia, &c. without specifying the tours, the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must, in every case, be clearly shown under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
[f] The law makes the relinquishment indispensable.
[g] The opinion of the Court is always required.
[h] The Clerk must give his certificate in every case.
[i] The Clerk must affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he has no public seal of office, the certificate of a Member of Congress, proving the official character and signature of the certifying officer, should accompany the papers.
Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other papers authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
Proof of Service.
[j] In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses who are required to set forth in their affidavits the time of the claimant's entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
[k] The notes from [a] to [i] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in note [j] applies to continental troops only.
[l] This traditional evidence is indispensable in militia cases.
[m] If a witness cannot be found, the declarant must state the fact.
[n] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.

16.344
INVALID.
File No. 16.344
John Colwell Pris Rev war
Act: June 7 th 89
Index:—Vol. A , Page 439
[Arrangement of 1870.]

This may certify that Mr. Caldwell has engaged to move a public Waggon to Taylor's Berry on Roan Oak River, and then he is entitled to his withholding  Agreement Given under my hand at Richmond Town the 24 th day of Nov 1868.
W. D. [initials] D. W. [initials] Stephen [initials] P. [initials] O. [initials]

A
Roanoke River December 3-1780
I do hereby certify that Mr. John Caldwell have a clear Discharge from his Tower of Duty given under My Hand James Ewing W Master
\begin{array}{r}
 74 \\
 1.1 \\
 \hline
 63
 \end{array}
 \quad
 \begin{array}{r}
 93 \\
 300 \\
 120 \\
 \hline
 126
 \end{array}
John Caldwell S.F. 16344 Va.

John Calvile
28481
[Faint, mirrored handwritten text, likely bleed-through from the reverse side of the page]

State of Indiana County of Vigo Co.
I, Charles Gilbert clerk of the circuit court of said county do hereby certify that the foregoing contains the original proceedings of the said court in the matter of the application of John Calwell for a pension.
In testimony whereof I have hereunto set my hand & seal of said court this 8 th day of May A.D. 1833.
C. Gilbert

Please address —————
G. W. Carter Attorney for Calmel Tene Santa Indiana

House of Reps. July 4 th 1836
Sir
Enclosed herewith please find the certificate of John Calwell of Vigo Co Indiana asking to be replaced upon the pension list setting forth the causes why his name was stricken from the list &c &c Your early attention to this subject will much oblige
Your obt. Servt
J. M. Davis

Off. State Bank of Indiana Dear March 15 1837
Sir
I enclose for your inspection and instructions the records of John Caldwell Friend last by our Roll of Mar. 1836.
I am
Very Respectfully
Your obt Servant
A. W. Kinkead (Clerk)
Rev. S. J. Edwards Commissioner of Pensions Washington City