Revolutionary War Pension and Bounty Land Warrant Application File S.9153, Henry Cashwell, Va.

SERVICE
NUMBER
Va.
cashwell, Henry
S9153
Carded
CONTENTS

13.128.
Virginia.
Henry Bashwell.
of Amherst Co. in the State of Virginia who was a Capt. of Vols. in the Comp y commanded by Captain Holcomb of the Reg t commanded by Col Rose in the Virginia line for 9 mos. —
3 mos. Comp y . 11 to do pay. 80. $11.
Inscribed on the Roll of Virginia at the rate of 40. Dollars 00 Cents per annum, to commence on the 4th day of March, 1834.
Certificate of Pension issued the 14 day of May '33 and sent to. Saml. Garland. New Glasgow. Va.
Virginia. Arrears to the 4th of Mar '33. 82.00
Semi-ant. allowance ending 4 Sept. 1833 20.50
$102.50
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by Wm. Balme Clerk,
Book 8. Vol. 4 Page 4. six

State of Virginia, Amherst County to wit.
On this 17th day of September 1832 personally appeared in open Court, before the Justices of the County Court of Amherst, now sitting Henry Cashwell a resident of the State of Virginia in the County of Amherst, aged seventy five in the coming October, 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 7th 1832. That he entered as a militia man in the service of the State of Virginia, in the fall of 1779, and was marched directly on from the County of Amherst to the County of Albemarle under the command of Captain John Sale, where he remained three months in guarding British Prisoners at the Barracks, there was a large number of British Prisoners at that place, made up principally of Burgoyne's Army, at the end of three months, which was the time for which he was then called into service, he obtained his discharge from Capt John Sale and returned to his home in the County of Amherst. He was again called on to perform another tour of Militia duty, and in February 1781 he marched under the command of Captain James Franklin from the County of Amherst to the State of North Carolina, he was marched there in order to join General Greene's Army, but did not effect a junction until the day after the battle of Guilford though he was within about ten miles of Guilford during the battle and heard the report of the cannon, and he thinks they might have reached there in time to have participated in that battle if they had pushed on with becoming alacrity. On his joining General Greene's Army, the company to which he belonged was placed under the command of Captain Younger Sanderson of Lawson's Brigade and Col. John Malcom's Regiment. During this tour of service which was three months he acted as orderly Sergeant. After he joined Greene's Army he remained with said Army until his time of service expired, and was discharged at Deep River near the South Carolina line, he then returned home, and in August 1781 he performed another tour of Militia duty as orderly Sergeant under the command of Colonel Hugh Rose of the Virginia Militia, his services in this tour consisted of taking charge of, and escorting from Amherst Court House of a small body of British prisoners and delivering them on board a British vessel then lying in James River below James Town, this tour lasted three months and a few days, at the end of which he again returned to the County of Amherst and was not again engaged in the War of the Revolution. The first tour of duty which he performed, being that in which he was employed in guarding the British Prisoners at the Barracks in

Albemarle County, he held the post of Corporal. In the several tours of duty herein before mentioned, he was a drafted Militia man. He recollects seeing the following regular officers during the time he was attached to Genl. Greens Army, to wit: Genl. Green Col. Green Col. Washington and Col. Lee of the troopers. When he was stationed at the Barracks in Albemarle he recollects seeing the following Officers: Col. Wm. Taylor, Capt. Porter & Capt. Price and Capt. John Sale. That he has no documentary evidence proving his service and is compelled to rely upon the testimonials of a few living witnesses who know of his services and whose certificates are hereto attached. 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.
Henry Cashwell
Sworn to and subscribed the day and year aforesaid
And the Court then proceeded to put the interrogatories presented by the War department in the following manner viz:
1. When and in what year were you born. I was born in Amherst County in the State of Virginia in 1757. 2. Have you any record of your age and if so where is it. I have my age recorded in a family bible at home. 3. Where were you living when called into service: where have you lived since the Revolutionary war and where do you now live? I lived in the County of Amherst when called into service. I have lived in the County ever since and still live there. 4. How were you called into service were you drafted, did you volunteer, were you a substitute? and if a substitute for whom? In every tour I served, I was a drafted militia man. 5. State the names of some of the regular officers who were with the troops when you served, such continental and militia regiments as you can recollect, and the general circumstances of your service? I recollect Genl. Green, Col. Green, Col. Washington, and Col. Lee and Genl. Stephens, when I was attached to Greens Army in Carolina. I recollect Col. Taylor, Capt. Porter, Capt. Price and Capt. John Sale at the Barracks in Albemarle County, and I was under the command of Col. Hugh Rose when I marched with the British Prisoners from Amherst to the British camp below James Town. 6. Did you ever receive a discharge from the service, and if so by whom was it signed and what has become of it? I received my tickets of discharge, one was signed by Capt. Lundrum and his

by Capt Sale, and the other by Colo Hugh Rose, these tickets have been lost or mislaid.
7 State the names of persons by whom you are known in your present neighbourhood, and who can testify as to your character for veracity and their belief of your services as a Soldier of the Revolution - Benj m Higginbotham William Hartless, William Savender and William Cashwell.
Virginia Amherst County to wit.
This day William Cashwell of the State and County aforesaid personally appeared before me W m . McWalter a justice of the peace for the County aforesaid, and made oath that Henry Cashwell served three tours of duty in the War of the Revolution, the first tour as Corporal for three months in the State service of Virginia in the year 1779 at the Barracks in the County of Albemarle, the second tour as orderly sergeant in the company of James Franklin of the Virginia Militia in the United States service, which company was turned over to the command of Younger Sanderson of General Sawsons Brigade, and Colo John Halcomb's Regiment for three months in the year 1781 in the State of North Carolina, the third tour as orderly sergeant to take charge of Prisoners and escort them from Amherst Court House to James Town under the command of Colo Hugh Rose of Virginia Militia.
William Cashwell Bartlett Cash
Bartlett Cash of the State and County aforesaid subscribed to and made oath to that part of the above certificate as relates to the service performed by Henry Cashwell in the United States service in North Carolina in the year 1781. Given under my hand and seal this 12th day of August 1832.
Will. McWalter
Amherst County to wit.
This day William Hartless, Benjamin Higginbotham, Philip Smith made oath before me a justice of the peace for Amherst County that they knew that Henry Cashwell performed a tour of Militia duty of three months in 1781 that he marched from the County of Amherst under the command of Captain James Franklin and joined Genl Greens Army in North Carolina. Given under my hand this 11th day of Sept 1832.
David S. Garland

Amherst County to wit:
William Savender a Revolutionary Soldier & pensioner made oath before me a justice of the peace for Amherst County that he knows that Henry Cashwell performed a tour of militia duty at the Barracks in Albemarle that this affiant served with him at the same time. Given under my hand this 17th of September 1832
David S. Garland
And the said Court do hereby declare their opinion after the investigation of the matter, and after putting the interrogatories presented 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 William Cashwell, Benjamin Higginbotham, William Savender, Bartlett Cashand, Philip Smith who have given the preceding Affidavits are residents of the County of Amherst and are credible persons, and that their statements are entitled to credit.
Virginia
I Robert Tinsley Clerk of the Court of Amherst County do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Henry Cashwell for a pension. I further certify that William McWalla and David S. Garland before whom the preceding affidavits were taken, are and were at the dates thereof Justices of the peace for the said County of Amherst duly commissioned and qualified.
In testimony whereof I hereunto set my hand and seal of office this twenty ninth day of September one thousand eight hundred and thirty two and in the fifty Seventh year of the Commonwealth.
Robert Tinsley
Henry Cashwell 19029

no 19029 13/28
Henry Cashwell
Amherst Co. Virg o
Adm 9. Months from 1779—6. Months Ar d Serjeant 3 Mo. Corporal
Sam l S. Garland Agt New Glasgow

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 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. These 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 Henry Cashwell Andrews to Virginia
   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.     Drafted 1779 3 Boys Capt Ino Sals Genl Brant from Am 75 living   Calver 1781 3 Or. Lys Samuel Brant Genl Brant from Am 75 living   May 1781 3 Or. Lys Capt Young Genl Brant from Am 75 living   Capt Young Genl Brant from Am 75 living   Capt Young Genl Brant from Am 75 living   Capt Young Genl Brant from Am 75 living   Capt Young Genl Brant from Am 75 living   Capt Young Genl Brant from Am 75 living   Capt Young Genl Brant from Am 75 living   Capt Young Genl Brant from Am 75 living   Capt Young Genl Brant from Am 75 living  
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 seat 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 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 person of good credit.
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 (1) 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 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.

reply to your request of _____, received for statement of the military history of Henry Cashwell of the REVOLUTIONARY WAR, you will find below the desired as contained in his ( or his widow's ) application for pen- sion on file in this Bureau.
S. 9153
   DATES OF ENLISTMENT OR APPOINTMENT. LENGTH OF SERVICE. RANK. OFFICERS UNDER WHOM SERVICE WAS RENDERED. STATE.   CAPTAIN. COLONEL.     Fall 1779 3 mos. Corporal John Cale guarded British prisoners at Allegheny Depot Va.   July 1781 3 mos. Orderly Sergeant James Franklin ✓   Orderly Sergeant Younger Landrum John Holcomb   Aug. 1781 3 mos. Orderly Sergeant ✓ guarded prisoners from Appomattox C.H. to British camp in James river below Jamestown Hugh Rose  
Battles engaged in, ✓
Residence of soldier at enlistment, Amherst Co. Va. (always)
Date of application for pension, Sept. 17, 1832. His claim was allowed.
Residence at date of application, Amherst Co. Va.
Age at date of application, born in Oct 1757 in Amherst Co. Va.
Remarks: There is no family data on file.
Respectfully,
Commissioner.

Rev War
9153
INVALID.
1917 Aug. 30. Hist. to Mrs. M. Smiley
File No. 9153
Henry Washburn Sgt Rev War
Act: June 7 th '32
Index: — Vol. 12 , Page 59
[Arrangement of 1870.]

Va.      Henry Cashwell, Applied for pension Sept. 17, 1832.
Mr. William M. Sweeney Room 140, Custom House, New York City.
Letter dated Aug. 20 & rec'd Aug. 21, 1917. (addressed to I. S. Churchin, see carbon letter of transmittal)

In re for a Rev. War Section. a soldier information ton or
August 30, 1917.
Mr. William M. Sweeny, Room 140, U. S. Custom House, New York City, N. Y.
Sir:
In response to your letter dated the twentieth instant, addressed to Miss I. S. Chamberlin an employee of this Bureau, you are herewith furnished the Revolutionary War records of Henry Cashwell, Survivor's File No. 9,153; James Sykes, Survivor's File No. 1,892; and Philip Smith, R. File No. 9,830, as requested.
Very respectfully,
Commissioner.