Revolutionary War Pension and Bounty Land Warrant Application File S. 1214, James Hamilton, Va.

SERVICE
NUMBER
Va
Hamilton, James
S. 1214
Born in Penn.
carded
CONTENTS

19421 Kentucky
James Hamilton of Pulaski in the State of Kent who was a pr in the co commanded by Captain McKee of the reg commanded by Col in the Va line for 12 mos
Inscribed on the Roll of Kent the rate of 40 Dollars ~ Cents per annum, commence on the 4th day of March, 1831.
Certificate of Pension issued the 5 day of Sept 1833 and Scratched Wm Mary Lowarnett
arrears to the 4th of Sept 100.00 semi-ann. allowance ending 4 March 20.00 120.00
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by Dant Boyd Clerk, Book E Vol. 7 Page 13

Declaration in Order to Obtain the benefit of the Act of George the 4 th of June 1832.
State of Kentucky, County of Pulaski Set.
On this 18 th day of March 1833, personally appeared before the County Court herein for Pulaski County, being a Court of Record Established by the Constitution and Laws of Kentucky The Commonwealth of Kentucky, James Hambleton a resident of said County of Pulaski aged about Seventy five years, who being first duly sworn, according to law, oaths or his oath, made the following Declaration, in order to obtain the benefit of the Provisions made by the Act of Congress passed March 7 th 1832, that he entered the service of the United States, under the following named Officers, and served as herein stated, that while a loyal citizen of Greenbrier County, State of Virginia, in the year 1776, he Volunteered as a Militiaman for the term of twelve months, to wit, on the 27 th day of June in the year 1776 A.D. in the Company then of Captain Matthew Arbuckle, - Samuel Wood was the Lieutenant, Company was at the time in said County of Greenbrier, and from thence was marched to the Mouth of Kanawha River, and remained at the fort erected at that place on the Ohio River, as a Guard for the until my term of service for which I enlisted for twelve months expired, and was discharged to the best of his recollection on 27 th day of June 1777, Receiving a further Discharge (in the absence of Capt. Matthew Arbuckle, from the said Fort,) from Capt. William McKee of the Virginia Militia, to which said Company belonged.

which Richard he has long since lost or mislaid, having not seen it for many years, that he has no documentary evidence, and knows of no person whose testimony he can produce who can testify to his services, he is known to the Martin Govey a clergyman, P Robert all owned P Stephen David Andrew  Black County life, his place of residence at present and for many years last past, who can testify as to his character for veracity; and that they believe he was in the service as a soldier of the Revolution, he was born in the State of Pennsylvania, on a farm  the farm as he has been informed by his Parents, the County not ascertained, on the 24 th day of December in the year 1758, as appears from by and from the Record furnished by his Parents, which Record he has at his residence, he removed from the State of Pennsylvania, with his Father's Family when he was very young to the County of Augusta, Virginia from there to Greenbrier in the same State, where he volunteered as a Militia man in the service of the United States in the Revolutionary war, as aforesaid, and as above stated, and after his term of service had expired as above stated he returned to his Father's, his place of residence in Greenbrier County Virginia in which County he continued to reside till he removed to the State of Kentucky, which was the fall or autumn of the year previous to what is called the hard winter (year not ascertained) and was at that time called Kentucky being no counties formed, and after the formation of counties in Kentucky (removed) County of Lincoln for many years, and from there to his

Present place of residence in Pulaski County Ky where he has continued to reside ever since, He hereby relinquishes any claim 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, Sworn and subscribed the day and year aforesaid James Hamilton.
We Martin Owens, clergyman, Stephen Hail, Robert Moore of Pulaski County Ky State of Kentucky, residing in said County, and vicinity of same Hamilton, hereby certify that we are well acquainted with James Hamilton, who has subscribed and sworn to the above declaration, that we believe him to be about seventy five years of age, that he is respected and beloved in the neighborhood where he resides to have been a soldier of the Revolution, and that we concur in that opinion, having often times heard him speak of his services as stated by him in his declaration. Sworn and subscribed the day and year aforesaid.
Martin Owens Robt. Moore Stephen Hail
And the said board, do hereby declare their opinion, after the investiga- -tion of the matter, and after putting the interrogatories prescribed by the War Department, that the above named Applicant James Hamilton, was a Revolutionary soldier and served as he states, and the board further certifies, that it appears to them that Martin Owens, who has signed the preceding certificate is a clergyman, resident in the County and vicinity of the said Applicant, and that the said Stephen Hail, Robert Moore, who has also signed the same are residents of the said County.
(Signed)

Pulaski County and are limited persons, and that third statements are entitled to credit. Justices of the Peace & Members same. I do hereby certify that the foregoing is a true and correct copy of the original now on file in the Pulaski County Court Charles H. Hays
I William Fox, Clerk of the Court of Pulaski County, do hereby certify that the foregoing contains the Original Proceedings of the said Court in the matter of the Application of James K. Mitchell for a divorce.
In Testimony whereof, I have hereunto set my hand and affixed my private seal (a seal for said Court not yet provided) at my Office in the Town of Concord this 19 th day of March A.D. 1833. Wm B Fox Clerk of the Pulaski County Court, 3

State of Kentucky Sec.
I Nathan Gaither Member of Congress from Kentucky do hereby certify that Will Fox whose signature is affixed to the above & preceding Certificate in the Declaration and proceedings in the matter of the application of James Hamilton for a pension, was at the date of the Certificate acting Clerk of the Pulaski County Court and qualified that the signature to said Certificate is the genuine signature of said Will Fox and that his attestation is in due form of law. Given under my hand this 4 th day of May 1833.
Nathan Gaither
Hamilton James's
Declaration for Pension.
1833. March Court
due to J. G.
250 30

No 25676
James Hamilton Pulaski County Kentuck
from 1776 private 1 yr $40.
Wm Fox Col Pulaski County Kentucky Somerset
AKW

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, shewing the Service of James Hamilton Pulaski County last of
   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.     Vol June 1776 1 — — private Capt Arbuckle, Capt McRee. 75 years Greene County Virginia Traditionary evidence - paper correct -  
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. q

October 4, 1939.
XXXXXXXXXXXXXXXXXXXX
Mrs. D. D. Denton 608 East Mt. Vernon Street Somerset, Kentucky
BA-J/sdy James Hamilton S.1214
Dear Madam:
Reference is made to your letter relative to James Hamilton, a soldier of the Revolutionary War.
The data contain herein were obtained from the papers on file in the Revolutionary War claim for pension, S.1214, based upon the military service in that war of James Hamilton.
James Hamilton, the name is also shown as Hambleton, was born December 24, 1758, on Iron Hill, Pennsylvania, and when very young moved with his father and family to Augusta County, Virginia, and then moved to Greenbrier County, Virginia. The names of his parents are not shown.
While a resident of Greenbrier County, Virginia, James Hamilton enlisted June 27, 1776, and served one year as private in Captain Matthew Arbuckle's Virginia Company.
He lived in Lincoln County, Kentucky, for many years and then moved to Pulaski County, Kentucky.
He was allowed pension on his application executed March 18, 1833, at which time he was a resident of Pulaski County, Kentucky.
There are no family data.
In order to obtain the date of last payment of pension, the name of person paid and possibly the date of soldier's death, you should address the Comptroller General, General Accounting Office, Records Division, Washington, D. C., and cite the following data: "James

Hamilton, Certificate No.19421, issued September 5, 1833, rate $40.00 per annum, commenced March 4, 1831, Act of June 7, 1832, Kentucky Agency".
Very truly yours
A. D. HILLER Executive Assistant to the Administrator

March 20, 1939.
XXXXXXXXXXXXXXXX
BA-J/CC James Hamilton S.1214
Mrs. H.S.Hail R.F.D. #2, Somerset, Kentucky.
Dear Madam:
Reference is made to your letter in which you request the Revolutionary War record of John Gibson, who was born November 3, 1762, and served with Captain George Gibson of Virginia, the record of Robert Woodcock of South Carolina and that of James Hamilton who served with Captain Matthew Arbuckle of Virginia.
There is no claim for pension on file based upon service in the Revolutionary War of a Robert Woodcock. This office has no further information in regards to John Hamilton who served in Captain Matthew Arbuckle's Virginia company, than was furnished you November 22, 1938. You will note that in the third paragraph of that report you were informed that there is no claim for pension on file based upon service in the Revolutionary War of the John Gibson described above. Such claims are the source of Revolutionary War data furnished by the Veterans Administration.
Very truly yours
A. D. HILLER, Executive Assistant to the Administrator.

November 22, 1938.
XXXXXXXXXXXXXXXXXX
Mrs. H. S. Hail R. F. D 2 Somerset, Kentucky
BA-J/ady James Hamilton S.1214
Dear Madam:
Reference is made to your letter relative to soldiers of the Revolutionary War, John Gibson, John Hamilton, and James Hamilton.
Revolutionary War data furnished by this office are obtained from claims made to the United States for pension and bounty land based upon the military service of soldiers in that war.
A careful search of the records fails to show such a claim on file on account of the services of John Gibson or John Hamilton as described by you, all spellings of the names searched.
The data contained herein were obtained from the papers on file in the Revolutionary War claim for pension, S.1214, based upon the military service of James Hamilton in that war.
James Hamilton, the name is also shown as Hambleton, was born December 24, 1758, on Iron Hill, Pennsylvania, and when very young moved with his father and family to Augusta County, Virginia, and then moved to Greenbrier County, Virginia. The names of his parents are not shown.
While a resident of Greenbrier County, Virginia, James Hamilton enlisted June 27, 1776, and served one year as private in Captain Matthew Arbuckle's Virginia Company.
He lived in Lincoln County, Kentucky, for many years and then moved to Pulaski County, Kentucky.

He was allowed pension on his application executed March 18, 1833, at which time he was a resident of Pulaski County, Kentucky.
There are no family data.
In order to obtain the date of last payment of pension, the name of person paid and possibly the date of soldier's death, you should address The Comptroller General, General Accounting Office, Records Division, Washington, D. C., and cite the following data: "James Hamilton, Certificate No. 19421, issued September 5, 1833, rate $40.00 per annum, commenced March 4, 1831, Act of June 7, 1832, Kentucky Agency".
Very truly yours
A. D. HILLER Executive Assistant to the Administrator

Somerset, Kentucky
Sept 11 th 1939
A.D.G.
Veterans Administration, Washington D.C.
Sir:- Please send me the complete Service & Pension record of James Hamilton , a Revolutionary soldier, who was granted a pension in 1833 and died in 1835 in Pulaski Co. Ky. I wish this record for genealogical purposes.
Respectfully
Mrs. D. D. Denton, 608 E. Mt Vernon St.
Somerset, Ky

Somersets Ky Jan. 20, 1889
Pensions, Washington, D.C.
What have you of the war record of John Gibson born Nov. 3, 1762 and served with Capt. Geo. Gibson of Da.
also Robert Woodcock served with Captain Joseph Harley of South Carolina.
also James Hamilton with Capt. Matthew Arbuckle of Da.
See Mrs Ginn's
Truly
one
Mrs. H. S. Hail.
Somersets.
R.F.D. 2. Ky.

(1) Revolutionary War Record of John Gibson born Nov 3 rd 1762 died Feb 10 th 1823 in Pulaski Co.,
(2) Revolutionary War Record of John Hamilton born Jan. 1 st 1726 Sarah — his wife " March 1783 married in Pa 1783 Died in Barron County in 1801
(3) Revolutionary War record of ✓ James Hamilton born Dec 1738
Oblige
Mrs. H.S. Hail.
Somersets
R.F.D. 2.
Ky.

INVALID.
Rev War
File No. 1214
James Baunton Pa. Va. Line.
Act: June 7, 1892.
Index:—Vol. 2 , Page 156
[Arrangement of 1870.]
1938 Nov. 22. Visit to Mrs. H. L. Hail
1939 - Mar. 20 Mrs. H. L. Hail advised no further
information is of record in his office in reply to request of 1939 - Mrs. Hail
1939 Oct. 4. Visit to Mrs. H. L. Hail - Mrs. Hail

June 17
167.
250.36
Secretary of War,
(Linn's Paper)
Washington (D.C.)
Here