Revolutionary War Pension and Bounty Land Warrant Application File S. 1186, James Carver, Va

SERVICE
NUMBER
Va
Barner, James
S 1186
CONTENTS
carded

22.249
Kentucky
James Barber of Madison in the State of Kentucky who was a private in the com manded by Captain Adams of the reg commanded by Col. B. Lynch in the Virgin line for 7 months
Inscribed on the Roll of Kentucky at the rate of 23 Dollars 33 Cents per annum to commence on the 4th day of March, 1831.
Certificate of Pension issued the 18 day of Oct 1833 and Joseph Turner Richmond
Arrears to the 4th of Sept 58 32 Semi-ant. allowance ending Mar 11 66
$69 98
{ Revolutionary Claim, Act June 7, 1832. }
Recorded by Dan Boyd Clerk Book 6 Vol. 9 Page 6
Debt not in A.B.

State of Kentucky 3 Madison County ss 3
On this 31 st day of September, 1832, personally appeared in open court, before the Hon. Richard French, Circuit Judge for the 10 th Judicial District, now sitting, James Barnes, a resident of Madison County and State of Kentucky, aged 79, the 4 th Hon. next, 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. He volunteered his services he thinks some time in the year 1780 for three months under Capt. Robert Adams. He was under Col. Lynch. From the great lapse of time he is unable to recollect any more of his officers names. He resided in Bedford County Virginia when he entered the service - he regularly voted at Molley's Creek Church, and marched to Petersburg, Virginia, with the expectation of meeting the British, who had been at that place but had left before the volunteers reached there . From Petersburg he returned to Bedford. At another time he was engaged in collecting and driving cattle for the army - he thinks he was to be excused from serving a term of duty in consequence of this service - he is unable to say what length of

time he was engaged at it - but thinks several weeks, perhaps months - He was at another time mustered into service, when it was expected the British would march through that part of Virginia where he resided, and was properly speaking a minute man, but was not called into actual service. He was drafted into the militia service in the year 1861 and was at the taking of Lord Cornwallis at Little York. He was under Capt. James Bullock, he is unable to give the names of any other of his officers. He received discharges for his service, but has lost them, and has no documentary evidence, and knows of no person whose testimony he can procure, who can testify to his services except John S. Henson (whose affidavit is herewith enclosed) and James Henson. He was born in Louisa county Virginia in November 1783 - he has a record of his age at his residence in this county. He resided in Bedford county Virginia when called into service, where he continued to reside till he moved to Kentucky, Madison county, where he now resides, and where he has resided for upwards of forty years. He thinks that part of Bedford county was cut off into a new county called Campbell before he removed. He cannot recollect who signed his discharges. He is known in his present neighborhood to James Henson and John Braddus, Esq. He hereby relinquishes every claim whatever to a
(See here)

pension or an annuity except the present, and declare that his name is not on the pension roll of the agency of any State
Given to, and subscribed, the day and year aforesaid. James his Barker
We, James Stevenson and John Broadaway, both residents of the county of Mason, State of Kentucky, hereby certify that we are well acquainted with James Barker, who has subscribed and sworn to the above declaration; that we believe him to be 79 years of age as stated by him, and that he is reputed and believed in the neigh- borhood where he resides, to have been a sol- dier of the revolution, and that we concur in (see here) that opinion. James Stevenson further states that he was raised in the same county (Bedford, Va.) with James Barker, only a few miles apart, he knew him when a boy and has known him ever since. He knows that he ren- dered most, if not all, the services of which he, though he was not present, but knows Barker left home in the service at the times spoken of in the above declaration. Given and subscribed the day and year afore- said. James his Stevenson
John Broadaway
And the said court do hereby declare their opinion after the investigation of the matter, and after putting the interrogatories prescribed by the War Dept.

that the above mentioned applicant was a revolutionary soldier, and served as he states. And the board further certifies that it appears that James Wilson and John Bragadous who have signed the preceding certificate, both residents of Madison county, are credible persons, and that their statement is entitled to credit.
Richard French
Kentucky. Madison Co. ss.
David Irwin clerk of the Madison Co. court do hereby certify that the foregoing contains the original proceedings of the said court in the matter of the application of James Bragg for a pension — Further certify that Joseph Turner Esq. before whom the annexed deposition of John L. Wilson was taken is an acting justice of the peace in and for the county of Madison and his name signed thereto is his proper signature.
In testimony whereof I have hereunto set my hand & seal of office this 10 th day of September 1832
David Irwin clerk

12. 739
James Carver Madison Co Ky
for 1780 per cent 72 15. 11. 12 3/4 $23.33 100
2 not driven cattle not allowed
46 66 14 66 58 32
Joseph Surver
David Irvine Richmond Joseph Surver

BRIEF in the case of James Cowen County of Madison in the State of (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge? open Court  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?  3. How old is he? 79 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.     In 1780 - 3 As a Private Gen. Capt Adams Col Lynch   Drifted 1781 Time not stated " Col Prall  
 5. In what battles was he engaged? under Genl Cornwallis  6. Where did he reside when he entered the service? Bland Co Virginia  7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls? In testimony of a living witness  8. Are the papers defective as to form or authentication? and if so, in what respect? Correct 
I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
also engaged in various battles for the army
Richard L. Catts Examining Clerk.

State of Kentucky Muhlenberg County
Personally appeared before me the under- signed, a Justice of the Peace for the county aforesaid, James Carreon, who being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of mem- ory, he can not swear positively as to the precise length of his service, but accor- ding to the best of his recollection he served not less than the period mentioned below, and in the following order: - For nine months I served as a private, and for such services I claim a pension. He believes it was the latter part of 1780 or beginning of 1781 that he was mustered into service in Bed- ford county, Virginia and there detained as a guard to protect the country against the Bri- tish who were expected to march through that part of the country. In the spring 1781 he was en- gaged in collecting and driving cattle for the use of the army. The services rendered in Bed- ford county as guard and in driving cattle for the army, when put together is equal to three months service - being two months in collecting and driving cattle and one month as guard in Bed- ford. He refers to the testimony of John S. Henson and James Henson, here with an- nexed for evidence of his services. The tes- timony of John S. Henson clearly shows two letters of three months each, and the testimony

of James Almond is as conclusive as could be desired, he thinks, in connection with the other testimony. The facts set forth in his official declaration in relation to his discharge discharge he believes true. Given under my hand this 13th day of August 1833. James L. Almond
This above statement was subscribed and sworn to before, according to law, this 13th day of August, 1833. Joseph Turner J.P. m.c.
[Faint, mirrored text from the reverse side of the page, likely bleed-through from the original document.]

We, John Pace, a clergyman, residing in the county of Maclison, and Winifield M. Cosby residing in the same, hereby certify, that we are well acquainted with James Garner, who has subscribed and sworn to the above declarations; that we believe him to be 79 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 to, and subscribed this 3rd day of June, 1833
J. Pace
Winifield M. Cosby
State of Kentucky Maclison County 3 dist.
I, Joseph Turner, a Justice of the Peace in and for the county aforesaid, do certify that it appears to me that John Pace, who has signed the preceding certificate is a clergyman, residing in Maclison county, and that Winifield M. Cosby, who has also signed the same, is a resident of the same county, and is a credible person, and that their statement is entitled to credit. I further certify that each of them subscribed their names and made oaths according to law to the above statement. Given under my hand this 3rd day of June, 1833
Joseph Turner J.P. m.c.

Kentucky Madison County David Irvine Clerk of the Court for the County aforesaid do hereby certify that Joseph Turner Esq. whose name is subscri- bed to the foregoing Consolidatory Declaration and certificate is an acting Justice of the Peace and one of the Justices of the Madison County Court, and that his three signatures thereto are genuine In testimony whereof I have hereunto set my hand and seal of office this 14 day of August 1833.
David Irvine Clerk
[Faint, mirrored bleed-through text from the reverse side of the page]

INVALID.
File No.
1186
New War
James Garver, Ohio Va. Line.
Act:
June 7, 1882.
Index:—Vol.
2, Page 56
[Arrangement of 1870.]

12-39
James Carver
Declaration for a pension

State of Kentucky } Mason county } att.
John S. Alnerson of Lincoln county, state of Kentucky, this day personally appeared before me, a justice of the peace for said county, and made oath that he, (deponent) is 77 years of age - that he is well acquainted with James Carver, and has known him near sixty years, and he knows of his own knowledge that said Carver was a soldier in the revolutionary war, and served to his knowledge two tours of duty - one at the taking of Cornwallis at Little York, and the other to Petersburg, Virginia to meet the British who had been there, but as he was informed left there before the troops reached that point. Given under my hand and seal this 22 nd of August, 1832
Joseph Turner J.P.
Mason County att.
I, Joseph Turner, a Justice of the Peace for said county, do certify that John S. Alnerson, the same who has given the above deposition, is a credible person, and that his statement is entitled to credit. Given under my hand this 8 th day of May, 1833
Joseph Turner J.P.

BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of
James Cowen 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? no V. * Has he mentioned 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? 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? no 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? no XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it? no 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? no [See the testimony of John S. Henson and James Henson] I do. 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? yes 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? yes Has the proper officer certified to the official character and signature of the magistrate as the regulations direct? yes 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? yes XVI. ‡Are the papers authenticated as the regulations direct? yes  There is no evidence. [See testimony of the Meps. Henson] I do. XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered?
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.