Revolutionary War Pension and Bounty Land Warrant Application File R. 13965, Matthias Elmore, S.C.
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{Black star over name]
(3-1776)

SERVICE
S.C.

Elmore, Matthias 

NUMBER
R. 13965

Born in N.C.

CONTENTS
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13965

Matthias Elmore


REJECTED
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Mathias Elmore
So. Car.
Rejected , See let 24 Oct 1833 to
Jas. B. Oneall.
Newberry,
So. Car.
act 14 June 1832
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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 percieve 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 Matthias Elmore Newberry District South Carolina
Period when the service was recorded: 1781
Duration of claimant's service: 1 year.
Rank of the claimant.: Teamster
Names - and rank of the Field officers under whom he served: Col [John Jr.]Thomas, Cap. [William] Smith
Age at present, and place of abode when he entered the service.: 77 years Newberry County South Carolina
Proof by which the declaration is supported: Traditionary evidence, papers correct.
I am, respectfully, 
Your obediant servant
J.L. Edwards,
Commissioner of Pensions
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                                                      REGULATIONS UNDER THE ACT OF JUNE 7, 1832.
The following regulations have been adopted:
This law has been constructed to extent, 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 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, etc., Teamsters, Boatmen, &c. Persons who served on board of private armed vessels are also excluded from the benefit 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 the 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 applicants reside. And every Court having by law a seal and Clerk is considered a Court of Record.

                                                                   DECLARATION
In order to obtain the benefits of the Act of Congress of the 7th of June, 1832.
                                            State Territory, or District of
                                             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 offices:

(Here set forth the names and ranks of the Field and Company Officers; the time he left the service ; (and if he server under more than one term of enlistment, he must specify the particlar 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 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 name 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 the 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 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. 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 Court of do hereby certify that the foregoing contains the orginal proceedings of the said Court, in the matter of the application of for pension.

 In testimony whereof, I 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 orginal 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 hid personal knowledge of the service oh the applicant, and such circumstance connected therewith as may have a tendency to throw lightupon 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 material facts, which can be used 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
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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, it 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 nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, fromtheir 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 certity to the character and standing of other persons giving such certificates.

The traditionary evidence of service is deened 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 or 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 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 ofice, 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 genine signature.

No payments can be made upon 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 theopinion 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 of the war when he served.
(e) Every continental officer or soldiers 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 depots and saith, that by reason of old age, and the consequent loss of memory, he cannot swear positive as to the precise length of his service; but according to the best of his recollection, he served not less than the period mentioned below, and in the following grades: ---For____year_____month____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 service.  The use of the phrase about three or four months, is too indefinite and all such qualifying expressions are objectionable.  ome persons who apply for pensions mere state they served two years in the militia, &c. without specifying the tours, the names of officers, and other particulars respecting their service.  This form of a declaration is highly objectionable.  

It must begin every case, be clearly shown under what officer the applicant severed; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corp 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 n 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 fix 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 certified officer, should accompany the papers.                                                   
                                                                  
                                                                    Mode of authenticating papers.

In every instance where the certifing officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other papers authenticated, the certiicate 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 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 verify 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 note
 from (a) to (i) are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule is 
The note (j) applies to continental troops only.
(k)This traditionary 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.
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State of South Carolina Newberry District
On this 23rd day of April in the year of our Lord 1833, personally appeared in open Court before the Honorable Josiah J. Evans one of the Judges of the Court of General Sessions and
Common Pleas of the said State, and presiding Judge of said Court now in session for the said District, Matthias Elmore Senior a resident of Spartanburg District in the State aforesaid aged 77 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 Act of Congress passed June 7, 1832: that he was born in the State of North Carolina as he believes in the neighborhood of New Garden Guilford County, in the year 1755: that he has no record of his age, and his only knowledge and information on that subject is his recollection of what his mother has told him. When called into service, he was living in Newberry County (now District) in the State of South Carolina he has
lived in the said District from the close of the Revolutionary War, until about 12 years ago when he removed to Spartanburg District where he now resides, although at present and for some months past he has been in Newberry District on a visit to his children and friends. That he
entered the service of the United States under the following named officers and served as herein
after stated: he entered the service as a volunteer (or as it was then called under an enlistment) in the Regiment commanded by Colonel John Thomas [Jr.], in the company commanded by Captain [William]
Smith, he cannot tell the precise time when he entered the service but he believes it was in the year 1781. He entered the service as a soldier but was by the order of Colonel directed to take charge of said baggage wagon, which he accordingly
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did: that he joined the main body of the troops, below where Columbia is now situated in the neighborhood of Fort Granby: that he remained in that section of country during his whole term of service: that he was in no action while in service: that he was in service for 12 months. He was never discharged: but received a furlough until called for from an officer whose name he does not recollect. There are no persons now alive who can speak as to his services. He refers to the Reverend William Harmon and
Henry Boozer who have known him for many years and who can testify as to his character for veracity and his good behavior and their belief of his services as a soldier of the Revolution. 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. S/ Matthias Elmore
Sworn to and subscribed in open court the day and year aforesaid
S/ Y. J. Harrington, Clk, N. District

We William Harman a clergyman residing in Newberry District and Henry Boozer residing in the same do hereby certify that we are well acquainted with Mattias Elmore Senr. who has subscribed and sworn to the foregoing declaration, that we believe him to be seventy seven years of age, that he is a man of good character for veracity that he is respected and believed in the neighbourhood where we live, and where he formerly resided to have been a soldier of the Revolution and we concur in that opinion. s/ Wm. Harmon
Henry Boozer Junior
Sworn to and subscribed in open court the day and year aforesaid.
s/ Y.J. Harrington. Clk
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And the court does hereby declare his opinion after the investigation of the matter and after putting the interrogations prescribes 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 him that William Harmon who has signed the preceeding certificate is a clergyman resident in the District of Newberry and that Henry Boozer who has also signed the same is a resident in the same and is a credible person and that their statement is entitled to credit.
Josiah J. Evans
Residing Judge
23rd April 1833

I Young John Harrington Clerk of the Court of General Sessions and Common pleas for Newberry Districty do hereby certify that the foregoing contains the original ___dings in the matter of the application of Matthias Elmore Senr. for a penrsion

In testimony whereof I have hereunto set my hand and seal of office this twenty fourth day of April Anno Domini 1833.
Y.J. Harrington 
Clk. N. Dst