Revolutionary War Pension and Bounty Land Warrant Application File R. 2,526, William Cross, Va.

SERVICE
Cross, William
NUMBER
R. 2526
CONTENTS

Wm Cross
20985

State of Kentucky : S.S.
Security of French Embargo
On this 26 th day of November 1832 personally appeared in open court, before the justices of the County Court of Muhlenberg, now sitting William Knapp a resident of the County aforesaid & State aforesaid aged seventy three years, who being first duly sworn according to law, doth, on his oath make the following declaration in order to obtain the benefits of the act of Congress passed June 7 th 1832. He states that he entered the service of the United States under the following named officers & served as herein stated, That he was drafted about the year 1778 the precise time he does not recollect, entered the regiment of Col. David Mason in Sussex County, Virginia, he was drafted for eighteen months that he marched to Williamsburg Virginia, and served some length of time but how long he cannot recollect That owing to the delicate state of health of this applicant's father, he was induced to hire a substitute for the remainder of the term, That he received a discharge from Col David Mason which he has lost or mislaid, He does not now recollect the names of any of the other officers belonging to the that Regiment, That afterwards, but in what year he does not recollect he served three tours of militia in all about three months under the command of Capt. Laurence Smith Robert Jones & Nicholas

Wilson, all of whom were of Sussex County & State aforesaid,
That he has no documentary evidence nor does he know of any person whose testimony he can procure who can testify to his service.
That he was a resident of Sussex County & State of Virginia, that he removed to the State of Kentucky in the year 1804 to Muhlenberg County where he now resides.
He 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 & subscribed the day & year aforesaid
Wm Croft
We Isaac Barr a Clergyman residing in Muhlenberg County & State of Kentucky and John Hughes residing in the same, hereby certify that we are well acquainted with William Croft, who has subscribed & sworn to the above declaration that we believe him to be seventy three years of age, that he is reputed & believed in the neighborhood to have been a soldier of the revolution and that we concur in his opinion.
Sworn to & subscribed the day & year aforesaid
Isaac Barr
John Hughes

And the said Court do hereby declare their opinion, after the investigation of the matter, & after putting the interrog- atories 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 Isaac Bard who has signed the preceding certificate, is a clergyman resident in Muhlenberg County, and that John Hughes who has also signed the same is a resident in the same County, and is a credible person and that their statement is entitled to credit.
I Charles T. Wiling clerk of the County Court of Muhlenberg County do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of William Crops for Pension
In testimony whereof I have hereunto set my hand and seal of office this 26 th day of November 1832.
C. T. Wiling

epo 20986
William Cross Kentucky
return
5-
Chas. T. Huling Esq Clk Court Madison County Kentucky

BRIEF in the case of William Croft  County of Muhlenberg in the State of Kentucky (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge? Court  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?  3. How old is he? 73 years  4. State his service, as directed in the form annexed. 
   Period. Duration of Service. Rank. Names of General and Field Officers under whom he served.   Years. Months. Days. As a Gen.     Inf 17 78 time not stated private Col. Mason   3 Capt. Smith.  
 5. In what battles was he engaged? None  6. Where did he reside when he entered the service? Sussex County Virginia  7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls? traditional  8. Are the papers defective as to form or authentication? and if so, in what respect? Correct 
X Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
For Clagett Examining Clerk.

Commonwealth of Kentucky
Spencer County
3 rd Set
Before the undersigned Justice of the Peace for said County came William Kepp S r and made the following amendment to his declaration in order to obtain a Pension He would state as in the Original that in the year 1778 he believes he was drafted as therein stated for eighteen months and after having marched with the troops to Williamsburgh V a and continued there some days for some troops that had just recovered from the small pox and from the causes stated in his Original declaration he was induced to hire a Substitute for the balance of the time and he did then & there hire a man by the name of Flake as well as he now recollects of Norfolk V a that he paid Flake for substituting One hundred & thirty pounds Virginia Money that he delivered said Substitute to the Col l Commandant who gave this deponent a discharge for eighteen months service which has been lost as stated in his Original declaration This deponent then started home leaving the Army at Williamsburg
In his Original declaration he has stated that he served three Towers of Militia duty; he cannot now recollect the year of service but he knows he was in this service Ninety days the length of time has been so great and he has now become so frail that he cannot now recollect so as to give days and dates with the solemnity of an Oath attached thereto

We would state that he was born on the 1 st day of June 1759. Near Hampton Elizabeth County Va I think My Father removed to Sussex County Va when this deponent was very young
My age was kept by Father in the family Bible
I live in the neighbourhood of Capt Jesse Rame Charles Morehead Esq. Bryan L. Bennet esq Charles Tyler esq. Who can testify as to my character for veracity and their belief of My services as a Soldier of the Revolution
William Croft
The above and foregoing was subscribed and sworn to by William Croft before me the under signed Justice of the Peace for said County this 30 th day of December 1853
Ch. Tyler J.P.

Commonwealth of Kentucky Muhlenberg County ss
I Charles F. Wing Clerk of the County Court for the County aforesaid do certify that Charles Tyler esquire before whom the the within amended declaration of William Crops was made was on the day of the date thereof and still an acting Justice of the Peace in & for the County aforesaid, Regularly Commissioned & qualified according to law and the signature is his genuine signature
In Testimony whereof I have hereunto set my hand & Affixed my seal of Office this 31 st day of December 1833 And of the Commonwealth the 42 nd
C. F. Wing

Kentucky Muhlenberg County
William Croft makes the following additional amendment to his declaration for a Pension under the act of Congress passed June 7 th 1832
He states positively that he was in the service in the year 1778 in the Regiment of Col d D. Mason at Williamsburg, Va o Six days before he hired Mr Flake as a substitute and then received the discharge mentioned in his Original and amended declaration hereto annexed
W m Croft
The foregoing statement of William Croft was subscribed & sworn to before the undersigned a Justice of the Peace for Muhlenberg County this 13 th day of May - 1834
B. L. Bailey J.P.
Commonwealth of Kentucky Muhlenberg County. ss
I Charles G. Wing, clerk of the County Court for the County aforesaid do certify that Bennet L. Bailey whose signature appears above was on the day of the date of his Certificate an Acting Justice of the Peace for said County & that his faith & credit is & ought to be taken of his Official acts
In Testimony whereof I have hereunto set my hand & affixed my seal of Office this 9 th day of May 1834
C. G. Wing

Acts of July 14, 1862, and March 3, 1873.
2526
P. O. _____
Wm Cross
Service: _____
Enlisted: _____, 18
Discharged: _____, 18
REJECTED
Application filed: _____, 18
Alleges: _____
Re-enlisted: _____
Attorney: _____
P. O. _____
_____ Recognized. _____ Contract
_____ Cert. of Dis. Searched for _____, 18

Rejected did not serve six months (3 mo. 6 days) See letter 23 May 1834, to Hon. A. H. James. N. R.
2526

Home of Rep
May 22 d 1834
Dear Sir
I enclose you the petition of Mr Croft and enclosed papers. Please decide on them and return to me your determination
Your obt Servt
J. G. Harris

BRIEF objections to the admission of Pension Claims , of which those answered in the negative, in red ink, will apply to the claim of William Ross which require further proof or explanation.
I. Does the declaration show where the applicant resides? Yes II. Did the declarant make the declaration in the county where he resides? Yes III. If the applicant did not make the declaration in the county where he resides, is there any reason assigned for his not doing so? → IV. Has the declarant mentioned the period or periods of the war when he served? Yes V. * Has he mentioned with precision the length of his service, and the different grades served, in language so definite as to enable the department to determine to what amount ever pension he is entitled? no VI. Has he given the names of the officers under whom he served, in conformity with the regulations? Yes VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832? Yes VIII. Has the Court given their opinion? Yes IX. Has the Clerk given his certificate? Yes X. Is the Clerk's seal affixed? And if so, has it a device or inscription by which it can be distinguished from any other seal? Yes

XI. Has the applicant obtained the evidence of a clergyman and another respectable citizen as to their belief respecting his age and the general belief in his neighborhood relative to his revolutionary service? yes
XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it? —
XIII. If the applicant has no documentary evidence, and has not obtained the testimony of at least one living witness, has he stated in his declaration that such proof cannot be had? yes
XIV. † If the applicant's name is not found on the rolls of military service, has he produced a witness or witnesses as to his service?
If he has produced direct proof as to service, has the magistrate who administered the oath, certified to the credibility of the witness or witnesses? —
Has the proper officer certified to the official character and signature of the magistrate as the regulations direct?
XV. Does it appear from any of the papers that the witness was in such a situation, or of such an age, as to have a personal knowledge of the applicant's service? —
XVI. ‡ Are the papers authenticated as the regulations direct? yes
XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered? 2. yes
EXPLANATORY NOTES.
* QUERE V. 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 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 shewn 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.
† QUERE XIV.  Proof of Service.
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 claimants 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.
† QUERE XVI.  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 paper 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.
☞ In every case where the clerk of the court, or other certifying officer, 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.