Revolutionary War Pension and Bounty Land Warrant Application File R. 7337, for John Moore, North Carolina
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Service  N.C (North Carolina)

Moore, John 

R7337

Born in N.C.
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[smudged] North Carolina}  August Term 1832
[smudged] County} Court of Pleas and Quarter Sessions
[smudged] 7th day of August personally appeared in open Court before the Justices of the Court of Pleas & Quarter Sessions now sitting, John Moore a resident of Pitt County No Ca [North Carolina] 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 of June 7 1832. 

That he entered in service of the United States under the following named officers and served as herein stated.

He entered the service in Feby [February] in the company commanded by John Bryan and  belonged to the regiment of Col. Whitmel Hall - and went from Halifax to Guilford and was at the battle of Guilford Court House. After the battle he returned home and at Halfax underCapt Toller until his three months expired.

He proves these facts by the evidence of Richd Taylor. [Richard Taylor]

He hereby relinquishes all claim whatever to a pension or annuity except the present and declares that his name is not on the pension rolls of any agency of any State.

Sworn to & subscribed 
[illegible signature]

John Moore
his mark
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I Richd Taylor [Richard Taylor] do hereby certify that I was [illegible] [John] Moore in the service of the United States and [illegible] the facts set forth in his declaration to be correct to the best of my knowledge & belief. 
Sworn to & subscribed.     
Richard Taylor  x his mark

And the said Court do hereby declare their opinion after the investigation and putting the interrogatories prescribed by the war Department that the above named applicant was a soldier of the Revolution and served as herein stated and this said court further declares that Richd Taylor [Richard Taylor] is a credible person and entitled to credit. 
[illegible signature] C.P.T

[words crossed out] I Michael Hearn Clerk of said Court do hereby certify that the above contains the original proceedings of said Court in the matter of the application of John Moore for a pension.

In testimony whereof I have hereunto set my hand and seal of office August 27 1832
Michael Hearn CC
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And the said Court after having investigated the matter [illegible- paper folded] put the interrogatories subscribed by the War Department [illegible- paper folded] declare its opinion that said Moore served as he states and that Sally Lewis the above witness is entitled to credit.

I Michl Hearn [Michael Hearn] Clerk of said Court that the above contain the original Proceeding of the Court in the matter of the application of John Moore for a pension.

In testimony whereof I herewith set my hand and seal of office the: 25th Feby 1834. 
Michl Hearn CC [Michael Hearn]

[along left side] 
JW Potts  Tarborough NC

[along right side]
John Moore of Edgecombe NC  30572
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[State] of North Carolina }     June 30 1834
[paper folded] Edgecombe County  }  

Personally appeared before me Danl Hopkins [Daniel Hopkins] a Justice of the peace in and for the County aforesaid John Moore of the County of Polk who being duly sworn deposeth and saieth-

That in the declaration proved by him before the Court of Pleas and Quarter Sessions for the County of Edgecombe in August 1832 he stated that he served three months in the North Carolina militia. He repeats this declaration and further states that he was drafted in the County of Martin where he was residing at that time. He thinks it was early in March 1787. that he left Martin and passing [illegible] Halifax and Harrisburg proceeded to Guilford and was in the battle at the Court House. After the battle he was ordered to Halifax and spent the balance of his period of service in guarding some British prisoners who were confined at Halifax. Capt Toller then had charge of him. In the early period of his service. Capt Bryan  commanded the company to which he belonged. These facts he has proved  by the oath of Richd Taylor [Richard Taylor] whose credibility has been attested by the Chairman and Clerk of Court in due form.
In the second count of his declaration he has stated another Service of six months. He volunteered as therein stated Capt Fulford and Col Bele com-
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manding [commanding] the company and regiment. He was employed during the entire six months in defending the inlet that connects Beaufort Harbour with the Ocean. and in such other duties of an irregular kind as were incident to the then state of the Country.
He has not furnished any direct evidence of this for the reason that his associates are mostly dead and his present residence is far from the place where the service was performed. This last service was performed in 1782. 

In support however of his general good character he appends the certificate of Daniel Hopkins and ___

Daniel Hopkins JP      John Moore
H Austin J.P.

We have known John Moore for many years and believe him to be an honest man and would place with confidence in his statements.     Daniel Hopkins J.P.
H Austin JP
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30.572
John Moore
N.Car:

suspended

A.J.M.
17 Apl [illegible]
J.W. Patts
Tarboro N.C.
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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 perceive that objections exist, which must be removed before a pension can be allowed. The notes and the regulations will show 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 compling with this request, greatly facilitate the investigation of your claim.
A Statement, showing the service of John Moore

[Column headers read as follows]
Period when the service was rendered. 
Duration of the claimant's service. 
Years. Months. Days. 
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.

[handwritten across all columns]
See 3 page

I am, respectfully, Your obedient servant, JAMES L. EDWARDS, Commissioner of Pensions.
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REGULATIONS UNDER THE ACT OF JUNE, 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, mucicians 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}
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:

[The following paragraph giving instructions is bracketed]

[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 county 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.

[The following instructions are bracketed]
[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.

[The following statement is bracketed in the document]
[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
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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, 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 a 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?
6. {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 traditionary 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 ____ 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 [begin italics] about three or four months [end italics],
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 in 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 the evidence is note [j] appies to continental troops only.
[k] Tthis 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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free

Commer [Commisioner] of Pensions
Washington City
D.C.

[Left margin]
Oct 19
NC

[text written upsided down is illegible]
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Farborough N.C. Nov 7th

Sir
The enclosed is presented to your consideration, at the request of the Applicant
the case is before you I presume [illegible]
[illegible], please give the required information
if you can, and direct either to myself or
Col. Hopkins at Farborough P. offices NC
With [illegible] respt [respect] your
Thos. H. Hall
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REJECTED

7.337

John More
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Jno Moore [John Moore]
NC
Relu'n [Revolution]
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Tarboro' July 1st 1834

Hon. J. L. Edwards

D'r [Dear]. Sir.

Enclosed I return the papers relation to a pension for John Moore amended. There can be no doubt of Moore's service and I hope the department will find no difficulty in making him an allowance.
The papers of John Bryan I certainly enclosed to you some time since at least two years
Respectfully
John W Polk