Revolutionary War Pension and Bounty Land Warrant Application File S. 15155, Fortunatus Green, Va.

SERVICE
NUMBER
Va.
Green, Fortunatus
S 15155
CONTENTS
Carded

16699
Virginia Fortunatus Green
Hanover Co in the State of Virginia was a for t Sgt. in the Company comm. Captain Winston of the Regt. comm. At - after death in the 1st m.
  for 4.20  for  13.33    2. mo Sgt.  to  2.20      25 53  
Enrolled on the Roll of Virginia the rate of 283 Dollars, 153 Cents per annu commence on the 4th day of March, 1831.
Certificate of Pension issued the 16 day of Septbr 1833 and sent to Wm D Winston Hanover C.H.
Arrears to the 4th of Septbr. 1833 $153.83 Remnant allowance ending Septbr 30 - 12.22
$76.55
Revolutionary Claim, Act June 7, 1832.
Recorded by W. L. Williams Clerk Book 8 Vol. 6. Page 9

15155 INVALID.
File No. 15.155
Fortunatus Greene
Supt. B.W. War
Act: June 7th 1832
Index:—Vol. 1 , Page 152
[Arrangement of 1870.]

State of Virginia Hanover County S.S.
On this 7 th day of June 1833 personally appeared before me a justice of the peace for said County Fortunate Green a resident of said County and state aforesaid, aged Seventy nine years, who here 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 th 1832. He states that he was born on the sixth day of April 1754 according to Family register, there being no record of his age, that he was drafted and called into the service of the United States as a private in the month of April 1775 under Captains William D. Winston & Col. Samuel Meredith & marched from Hanover Town in the County of Hanover through New Kent, Charles City & to Cabin Point and there crossed the James River to Sandy point and was stationed there awhile and discharged. He served in this tour one month. He was called out as a private in the month of May 1777 or 1778 to the best of his recollection under Captains David Richardson & Col. William Dandridge and marched from Hanover through New Kent & to the town of Williamsburg where he joined the American army commanded by Genl Scott and was stationed there awhile and there we had a sharp fight and then discharged. He served in this tour one month. He was called out as a private in the month of January 1781 under Captains William Darracott & Col. Goodall & marched from Hanover to the City of Richmond and arrived there shortly after Arnold had destroyed the Town by fire. We then marched on to Westham & crossed James River thence down the river to Muddy Head and crossed the River to Shirley, thence by Charles City Court House where we saw a great deal of blood in the town, thence in the direction to Williamsburg we then retraced our steps and marched on to City Point & crossed the River to Cabin point where we were stationed and discharged. He served in this tour one month.

He was called out again as a private in the month of April 1781 under Captn Thomas Richardson & Col. John Starks & marched from Hanover to the City of Richmond where he was stationed and then discharged. He served in this tour twenty days. He was called out again as a private in the month of July 1781 under Captn Thomas Tinsley & marched from Hanover to Malvern Hills below Richmond where he joined the Regiment commanded by Col. John Taylor of Carolina and the army commanded by the Marquis Lafayette and whilst we were stationed there Lord Cornwallis took possession of the Town of Petersburg. We then marched from Malvern Hills to Richmond, thence to the Chickahominy River and crossed the River at Wilkinson's bridge where we were met a considerable time in consequence of the Bridge being carried away by a Hurricane, thence to New-Castle thence down the Pamunkey River to Warine Church, where we left Lafayette's army thence to the Brick House where we crossed over to West Point, thence to a place called Anderson's Store in King & Queen County where we joined Col. Eunis Regiment thence to Gloucester Court House, thence into Middlesex thence back to a place called the Mailing Spring in King & Queen County, thence to Gloucester Court Town where we were alarmed by Parton's Light Horse, thence to a place called Whiting's old field where we were stationed & discharged. He served in this tour three months as second Sergeant. He states that he served during the revolution in all six months and twenty days in for which he claims a pension. He states that he has no documentary evidence or written discharge but can prove a part of his services by William Brum paps & knows of no other person by whom he can prove the remainder of his services. That he resided in the said County of Hanover when he was called into service has lived in the same

same County ever since with the exception of six years when he resided in the City of Richmond and now resides in the said County of Hanover - He refers to John Dar- racott, and William D. Winston as persons who reside in his neighbourhood who can testify to his character & good behaviour and their belief as to his being a soldier of the Revolution - The said Applicant further states that he is unable to attend court relative to his claim by reason of bodily infirmity He hereby relinquishes every claim whatever to a pension or an annuity except the pension present and declares that his name is not on the pension roll of the agency of any state or territory whatever.
Sworn to & subscribed } of Fortunate Green the day & year above said } before me - }
Francis Blair D.D. }
We William Wood a Clergyman residing in the said County of Hanover & State of Virginia and John Darracott & William D. Winston residing in the same County cer- tify that we are well acquainted with For- tunate Green who has subscribed & sworn to the above declaration: that we believe him to be seventy nine years of age; that he is reputed and believed in the neighbour- hood where he resides to have been a sol- dier of the revolution and that we con- cur in that opinion
sworn to & subscribed the day & year above said before me }
Francis Blair D.D. }
William Wood John Darracott William D. Winston }
I William Bumpass a resident of said County of Hanover hereby certify that I am well acquainted with Fortunate Green who is an applicant for a pension that the said Green was in the service of the United States in

In the month of January 1781 that he was in a tour of service with this affiant at Richmond shortly after the  the said Green had left Richmond that this affiant saw him at that time in Captain Wil- iam Darracott's Company. The said Green marched from Richmond towards Westham up the James River & this affiant marched down the River to Malvern Hills. This affiant further states that he saw the  the said Green the said Green in service again in the year 1781 with Captain Darracott's Company at Newcastles in Harcourt. That he marched on from thence down the Danube River. That at this time this affiant was not in service but lived near Newcastle. This affiant affiant is now seventy eight years of age. sworn to & subscribed the day & year above in aid before me 2 / 3 Wm. Bumford Francis Blunt J.P.
I Francis Blunt a justice of the peace for said County where certify that it appears to me that the said Fortunatus Green is unable from bodily infirmity to attend Court to make the preceding declaration in relation to his revolutionary claim and I further now declare my 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 such status and I further certify that it appears to me that William Wood who has signed the preceding certificate is a Clergyman resident in the said County and that John Darracott, William D. Winston who have also signed the same are residents of the said County & that William Bumford who has also signed the preceding certificate are all credible persons and that their statements are entitled to credit. Francis Blunt J.P.

Virginia, Hanover County, to wit,
Court of the
Philip B. Winston, Clerk of the said
County, in the State of Virginia aforesaid, do hereby certify that Francis Blunt, before whom the foregoing proceedings were held in the matter of the application of Portia Lee Preston for a pension, was at the time of doing the same, and still is, a Judge of the peace in and for the County aforesaid, and duly authorized to administer oaths and that the signature to the preceding affidavits and certificate annexed, is his genuine signature.
In testimony whereof I have hereunto set my hand and affixed the seal of the said County, the tenth day of June, one thousand, eight hundred and thirty three.
Philip B. Winston C.H.C.
First duly sworn according to the rites and ceremonies of the law in order to testify

Ms 25691.
Fortunatus Green Hanover County Virginia
Adm 6. Months and 20 days. 2 Months thereof as Sergeant
 13.33  2.20  10  25.53  2  51.06  12.76  63.82 
App-D Winston Hanover Virginia Hanover Co. Va.

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. 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 Fortunatus Green Hanover County Virginia
   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.     Draft April 1775 — 1 — priv t Capt Winston, Colonel Meredith 79 years Hanover County Virginia Traditionary evidence & one witness Certified Credible - papers correct   Collected May 1777 { or 1778 — 1 — " Capt Richardson, Col Sandridge G. Scott   Collected Aug 1781 — 1 — " Capt Barracott, Colonel Goddall   Collected Apr 1781 — — 20 " Capt Richardson, Col Starke,   Collected July 1781 — 3 — 2 Serg t Capt Vinson, Col Taylor  
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) _____, who has 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 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 claimant 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, deposes 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 four years , 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 route, 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 organized 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 oath 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 [j] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule [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.