Revolutionary War Pension and Bounty Land Warrant Application File R. 4970, Archibald Heffington, Va Sea Service

SERVICE
NUMBER
Va Sea Service or Heffington, Archibald R. 4970 Heffington
CONTENTS

28.5.56
Archibald Biffington 6 Summer
i j
no evidence of the lung Respiration ahead only
Hon. C. J. Shields, H.R.
Respectfully
Respectfully
Respectfully

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 subjjoined 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 Archibald Haffington
   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.     1777 thru he Col Ogle re 19 re  
I am, respectfully,
Your obedient servant,
JAMES 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 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 inquiry 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.
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.
[k] This traditional evidence is indispensable in militia cases.
[l] If a witness cannot be found, the declarant must state the fact.
[m] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.

State of Tennessee Lawrence County Court of Pleas & Quarter Sessions April Term 1833 on this 1 st day of April 1833 Nichibald Heffington a resident citizen of the County of Lawrence upward personally appeared in open court aged Twenty nine on the 15 th day of March last as well as he recollects but has no record of his age 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 th 1832 in such other acts as suits his case, That he entered the service of the United States under the follow- -ing named officers & served as herein stated, That he entered the Navy of the United States at South Key Machin River in Hampshire County State of Virginia in March 1777 for & during the War Under Capt., Thomas Ogburn, James Hare Esq., Francis Sullivan Jr 2 nd Mate William Porter Boatswain in the Brig Sally Lawrence, That he cruized from thence to Edenton North Carolina, thence to Charleston, thence to the Bermudas where we took a British Brig & took her to Char- -leston she was commanded by Bartlett Fitzsimons Thence we sailed towards Ireland & had an engage- ment with the British fleet but made our escape to Rhode Island where we had another engagement with a part of the British fleet Thence we sailed to Chesapeake Bay & from thence we met the French Fleet under the command

of Capt D. Graft & aided in the block- ade of Barnwell's at York Town in Virginia holding an station at Hambleton Roads at the mouth of James River, when we remained until Barnwell's surrendered we had an engagement with the British fleet off of the caps of Virginia during the time of the Blockade, that he went ashore on the day that Barnwell's surrendered & saw him deliver his sword, that in a short time after the battle & about the time peace was made his Captain died & he left the service with- out a discharge together with the whole crew whose service was not further needed as desired That since the Revolution he has lived in North Carolina Orange County, In Kentucky, began living In Tennessee first in Sumner County & now in Lawrence. Here hereby relinquishes all claim whatever to a Pension or annuity except the present & he declares that his name is not on the Pension Roll of any agency in any State Sworn to & subscribed the day above written Archibald Ver  X Woffington mark
Sworn to & Subscribed in open court the 1 st day of April 1833 M. H. Buchanan clk of said Court

Lawrenceburg Ky 14 th November
Miss
Marian Beman
Washington City
Archibald W. Hopton Esquire
28.536

I certify that M. H. Buchanan was clerk of the county Court of Lawrence in the State of Tennessee & that his signature to the within petition of Archibald Hoffmeyer I believe to be genuine.
27 th Dec 1855.
M c Whorter M. C.

Yemow all men by this presence that we Mariah Carter of the County of Lawrence & State of Tennessee and William R Davidson and his wife Matilda Davidson of the County of Lauderdale & State of Alabama and all lawful heirs of Archibald Hoffington deceased who was a Soldier in the Revolution war of the US of America born in the year 1781 and who died in Lauderdale County Ala in the year 1837 and we the above named Heirs wishing to make application for pension money which may be due us have constituted and appointed and by this presence do constitute and appoint D. M. H. H. & J. M. Magill or either of the above attorneys at Law at Washington City however two and lawful attorneys for us and for us and in however names to receive from the US the pension money or Bounty Pensions & other certificates and all such sum or sums of money due us on account of arrear of pay or any other extra pay for as mileage or money or moneys which may be due us as heirs of Archibald Hoffington from the United States on any account whatsoever and generally to do all lawful acts and things in thing whatsoever in said case given under our hands & seals this the 31 January 1854
Wm R. Davidson Matilda Davidson per Mariah Carter
(Seal)

the State of Alabama I Benjamin F. Chisholm Banderdale County } and the Justices of the Peace for said State & County do certify that Mariah Carter McAdams & his wife Matilda Davis who has names as assigned to the foregoing power of attorney and to me well known acknowledged before me on this day after being informed of the contents of the power of attorney that she voluntarily assigned the same on the day it has date given under my hand & seal This the 28 th Jany 1854 B F Chisholm I Clerk Test
The State of Alabama I H. J. Hawkins Banderdale County } Judge of the Probate Court of the County aforesaid; and by me the Clerk and Keeper of the Seal of said County - hereby Certify that Benjamin F. Chisholm whose official and genuine signature appears subscribed to the above Certificate, is and was at the time of subscribing to the same an acting Justice of the peace in and for the County aforesaid duly Commissioned. In testimony of which I hereunto subscribe my name and affix the seal of said County at office the 28 th January A D 1854
W. J. Blankenship B Probate

Suspended
Col. Hon. E. J. Shields
June 9 186
4970

4970
P. O. Archibald Hiffington
Service: _____
REJECTED
Enlisted: _____, 18
Discharged: _____, 18
Application filed: _____, 18
Alleges: _____ _____
Re-enlisted: _____ _____
Attorney: _____
P. O. _____ _____
_____ Recognized. _____ Contract.
_____ Cert. of Dis. Searched for _____, 18

Arch d Hiffington.
act App. June 7, 1832
Susp. for further proof.
all
Susp. rev. files of Tenn.
Papers L.M.
J. W. Magill, Atty.

State of Kentucky
Simpson County, Set
This day Stephen Hefington a Minister of the Gospel regularly ordained aged Fifty four years personally appeared before me an acting Justice of the peace in and for the county & state aforesaid and made oath that he has known and been acquainted with Archibald Hefington ever since his first recollection and that from the earliest period of his ac- quaintance with said Archibald in the state of Virginia until said Archibald moved from said state he said Archibald was always reputed and believed among all his neighbours to have been a soldier of the revolutionary war and to have served his country faithfully for nearly four years and that it was understood reputed and believed that his said Archibald's services as a soldier was on board of a vessel of the United States of America and he further states that said Archibald is a man of truth and that he this affiant believes that said Archibald is a man in

whose statements full faith and credit is and ought to be given, and that he further testifies from evidence ap d . that said Archi- bald was a soldier of the revolutionary army as stated above. Sworn to and Subscribed in my presence this 17 th day of October 1835. In testimony whereof I have the date above affixed my hand & name sworn to before me this Stephen Hoffington 19 th day of October 1835. Thos Mahin
Commonwealth of Kentucky, Simpson County S c I John L Moore, Clerk of said County Court of Simpson aforesaid, do certify that Thomas S. Mahin, is a magistrate as above, in & for the County aforesaid, duly commissioned & qualified, & that full faith & credit is due & ought to be given all his official acts In testimony whereof I have hereunto set my hand and affix the seal of said Court, at office, this 17 th day of October 1835
John L Moore, Clerk of Simpson County Court aforesaid