Revolutionary War Pension and Bounty Land Warrant Application File R. 9579, for Nathaniel Simmons, Virginia
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SERVICE / Va.
Simmons, Nathaniel 
Number / R9579
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Nathanial Simmons
Declaration for 
Pension
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State of Tennessee
[illegible] County
Court of Pleas and greater authority 
December [illegible] 1839-

This day personally appeared in open court before James Huey Robert Wortham and Peter Williams now holding the court of Pleas as [illegible] for the county of [illegible]- Nathanial Simmons, a resident of the county State aforesaid, about sixty seven years of age who being first duly sworn according to law doth on his oath make the following declaration in order for the benefit of death of Congress passed 7th June 1839

That he entered the service of the United States under the following named officers [illegible] as herein states-
This applicant believes he was born in Prince Edward County in Virginia [scratch out] 7th March 1715-according ^(to registers of) his birth made in his fathers family Bible where he lived until he entered the service-In February 1781- he entered the service of the United States under Captain Ambrose Nelson-Lieutenant John Ellis-Capt Nelsons company was attached the command of Maj. Charles Allen then under Col. John Holcomb. We (illegible) at Cumberland. {old {underlined} Court (illegible) house-from this place we marched to the South under the command of Col Holcomb-crosed Dan River and continued ^(our march south) until we meet Gen Green & the main body of the Army-we were then attached to his (Genl Green's) command, and remained with his army until the battle of Guilford, when this applicant was wounded by a muskit ball passing through the face ^(under) ear and was taken prisoner by the British-and was left with the wounded prisoners who were unable to march to Guilford
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Applicant as soon as he was able, to go about which
was in few days. made his escape from the 
guard at the Guilford Court  house & joined the Army 
again, at or near Haw River-being unable 
to do duty was sent ^(home from this place) by Col. Holcomb, with escort
or man who acted as nurse & Physician ^(to applicant as his wounds were very bad0 & - Applicant
lay sick ^(at home) for three or four months- and in
fact was [illegible] unableto ^(have done) duty for twelve
months -  & of course unable to join the army
again as the war closed in the fall of the 
same year when applicant joined the Army
it was his expectation to remain a soldier until
the close of the war -- He has no documentary
evidence of his services and does not know
[illegible] pardon [illegible] ^(whose testimony he can provide) by [illegible] he can prove
his services-- Hereby relinquishes every claim
whatever to a pension or annuity except the present and
declares that his name is not on the pension Roll War
Agency of any state or Territory -- Applicant remained
quiet of any State or Territory applicant remained
[crossed out] [illegible]
in Virginia about four
years after the close of
the [illegible] from that State to South
Carolina where he lived fourteen or fifteen years
removed from South Carolina to this State of Ten
Tennessee where he has lived ever since than lived
for the last [illegible] two or three years when he now
resides in Maury County Tennessee -- Never [illegible]
any written discharge - He is known to Parson
Joshua  W Kilpatrick  ^(Slesah Witherly) and Maj. John Kiler[illegible] who
can testify as to his character for [illegible].
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and as to their belief of his services as a soldier of the Revolutionary war -     his
                              Nathaniel   X  Simmons
                                               mark
Subscribed and sworn to in open court this 18th day of December 18 1882 }
Thos J. Porter   Clerk
Mr. Joshua W. Kilpatrick a clergyman residing in the county state aforesaid Isaiah Wetherly and John Kilcrease of the Louisa [?] county state Huey [?] certify that man well acquainted with Nathaniel Simmons who has subscribed and sworn to the foregoing declaration that we believe him to be about sixty seven years of age that he is reputed and believed in the neighbourhood where he resides to have been a soldier of the revolution, and that we concur in that opinion -
Joshua W Kilpatrick
Isaiah Weatherly
Sworn and subscribed in open court this 18th day of December 1882 }
Thos J. Porter Clerk
Suderth said court do hereby declare their opinion after the investigation of the matter, and after putting the interrogatories presented by the War Department that the above named applicant was a revolutionary soldier served militia. And the court further certifies, that it appears to others that Joshua W. Kilpatrick, who has signed the preceeding certificate is a clergy man resident in the aforesaid county, and that Isaiah Weatherly who has also signed the same, is a resident of said county  and  a credited person and that their statement is  entitled to credit 
December 18th 1882
Jas Huey  JP
Robert Wortham JP
Peter Williams Por
[following was x'd out]
I Thomas J Porter Clerk of leassy [?] county court do hereby certify that the foregoing contains the original proceedings of the said court in for matters of the application of Nathaniel Simmons for suspension the testimony whereof their hereunto set my hand and seal of office this 18th day Dec. 1882
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I Thomas J. Porter Clerk of (illegible) county Court do hereby certify that the forgoing contains original proceedings of said Court in the matter of the application of Nathanial Simmons for a pension.
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Nathaniel Simmons
Hon
J.K Palk
H. R.
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Brief in the case of Nathaniel Simmons County of Maury in the State of Tennessee
(Act 7th June, 1832.)
1. Was the declaration made before a Court of a Judge: Court
2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?
How old is he? 67
4. State his service, as directed in the form annexed.
Period.
Entered the service Feby, In 1781
Duration of Service.
Years Months
not specified
Rank.
As a
private
Names of General and Field Officers
under whom he served.
Col John Holcombe high
Capt Ambrose Nelson troops
what battles was he engaged?
Guilford
there did he reside when he entered the service?
Prince Edward Co. Virginia
---
his statement supported by living witnesses, by documentary proof, by traditionary evidence, by incidental evidence, or by the rolls? traditionary
are the papers defective as to form or authentication? and if so, in what respect?
no
Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
Chas. S Wilcot Examining Clerk
March 2. 1833
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Tennessee
Rev
Nathaniel Simmons
Rejected
let to Hon J K Polk
26 April 1833
9579
Act 7 June 1832
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[stamped] REJECTED
9519
Nathaniel Simmons
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BRIEF objections to the admission of Pension Claims, of which those
answered in the negative, in red ink, will apply to the claim of
Nathaniel Simmons which require further
proof or explanation.
1. Does the declaration show where the applicant resides? Yes
II. Did the declarant make the declaration in the county where he resides? Yes
III. If the applicant did not make the declaration in the county where he resides, is there any reason assigned for his not doing so? Yes
IV. Has the declarant mentioned the period or periods of the war when he served? Yes
V. Has he mentioned 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 amout (amount) of pension he is entitled? No
VI. Has he given the names of the officers under whom he served, in conformity with the regulations? Yes
VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832? Yes
VIII. Has the Court given their opinion? Yes
IX. Has the Clerk given his certificate? Yes
X. Is the Clerk's seal affixed? And if so, has it a device or inscription by which it can be distinguished from any other seal? yes
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2
XI. Has the applicant obtained the evidence of a clergyman and another respectable citizen as to their belief respecting his age and the general belief in his neighborhood relative to his revolutionary service? Yes
XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it?
XIII. If the applicant has no documentary evidence, and has not obtained the testimony of at least one living witness, has he stated in his declaration that such proof cannot be had? Yes
XIV. If the applicant's name is not found on the rolls of military service, has he produced a witness or witnesses as to his service?
If he has produced direct proof as to service, has the magistrate who administered the oath,
certified to the credibility of the witness or witnesses?
Has the proper officer certified to the official character and signature of the magistrate as the regulations direct?
XV. Does it appear from any of the papers that the witness was in such a situation, or of such an age, as to have a personal knowledge of the applicant's service?
XVI. Are the papers authenticated as the regulations direct? Yes
XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered? (illegible)
EXPLANATORY NOTES.
QUERE V. 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 recollelection
he served not less than the periods mentioned below, and in the following grades; Foryear

months, and --- days, I served as a -. For - months
and --- days, I served as a ; and for such service I claim a pension.
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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 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 objection
able. It must in every case be clearly shewn 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.
QUERE XIV. Proof of Service.
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
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.
QUERE XVI. 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 paper 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.
In every case where the clerk of the court, or other certifying officer, 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.