Revolutionary War Pension and Bounty Land Warrant Application File W. 9710, Abner Aycock, N. C.
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Service Number
NC  Aycock, Abner  W.9710
                  Sarah
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[left page]
To S. A. Williams, Oct 13, 1841.
Sent to the Treasury under  
Act of 6 April 1838 from  
Sep 1840 to 4 March 1841.  
Agent Notified 25 Feb 1842.
[right page]
North Carolina 3286
Sarah Aycock,  
widow of Abner Aycock, decd.,  

who died in the year 1823  
of Warren Co. in the State of N. Carolina  
who was a private in the company commanded  
by Captain J. Turner of the [Blank] commanded  
by [blank] in the N. Carolina line for 12 mos., private.

Inscribed on the Roll of North Carolina  
at the rate of 40 Dollars [blank] Cents per annum  
to commence on the 4th day of March, 1831.

Certificate of Pension issued the 13th day of April,  
1840 and sent to Hon. H. W. Conner, Ho. of Reps.
Arrears to the 4th of March 1840:     $360.00  
Semi-annual allowance ending 4 Sept:    20.00  
                                                                380.00  

Revolutionary Claim  
Act July 4, 1836,  
Section the 3d  

Recorded by S. A. Elliott, Clerk  
Book A, Vol. 2, Page 171.
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3815
Sarah Aycock
Act of 4 July 1836 NC
Paper No 1
Adm
12 more
40
no deduction
Hon H. W. Conner
Sept. 18, 1838.
R. H. Mosby
Col Littleton N.C.
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Declaration
In order to obtain the benefit of the 3a  section of the act of Congress of the 4th of July 1836

State of North Carolina, Warren County
On this 16th day of August 1838 personally appeared before me a Justice of the Peace Mrs. Sarah Aycock of the County of Warren and State of North Carolina aged Eighty years who, being first duly sworn according to Law, doth on her oath take the following declaration in order to obtain the benefit of the provision made by the act of Congress passed July 4th, 1836. That she is the widow of Abner Aycock who was a private in the militia service in the War of the Revolution and first served as a volunteer under Captain Jacob Turner at Wilmington for six months in the year 1777, and on his return in that year I was married to him. He after that time was drafted five times and one tour of the duty was served under Captain Thomas Alston. She further declares that she was married to the said Abner Aycock in the month of July 1777 by Thomas Turner father of the late Governor Turner. That her husband the said Abner Aycock died in the year 1823, and that she has remained a widow ever since as will more fully appear by reference to the proof hereto annexed.
Subscribed & sworn before me this the day & year above
Wm C Clanton JP       Sarah Aycock (her mark)
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State of North Carolina County of Warren
This day personally appeared before me a Justice of the Peace for the county and state above written Mrs. Sarah Aycock and she was respectable lady residing in this county was subscribed and sworn to the foregoing declaration in due form of law. I also certify that Mrs. Aycock is a very old lady and resides some distance from Warrenton the seat of Justice and her attendance in court would be attended with great inconvenience and danger to her health.
Given under my hand & seal this 16th day of August 1838
Wm C Clanton JP

State of North Carolina
I, Edward W. Best, clerk of the Court of Pleas & Quarter Sessions in and for the County of Warren in the State aforesaid, do hereby certify that William C. Clanton whose signature appears to the foregoing Declaration & Certificate is now
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and was at the time of signing the same, one of the acting Justices of the peace in & for the County aforesaid, duly Commissioned and qualified to act as such
I testimony whereof I have hereunto subscribed my name and affixed the Seal of the
Court aforesaid at office in Warrenton the 18th day of September AD 1838
Edw W Best Clerk of Warren County Court
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State of North Carolina, County of Warren
This day appeared before me a Justice of the Peace for the County and state above written
William Robertson aged Eighty-two years who being first duly sworn according to law testified as and says that he knew Abner Aycock and his wife who was Sarah Harper and resided in the same neighborhood with them at the time that they were married. This affiant testifies that Abner Aycock was married to Sally Harper in the early part of the Revolution. This affiant was not at the marriage but he resided close by, and he knows that Abner Aycock lived with his wife and was married by Thomas Turner. This affiant has lived ever since that time in two miles of Mr. Aycock and during the lifetime of Mr. Aycock. He can also testify that Abner Aycock served to the knowledge of this affiant as a volunteer under Jacob Turner and was absent for six months. He also served several other tours of duty of which this affiant is unable to particularize he knows he was in service off and on throughout the War. This affiant knows that after Aycock was a married man at the time he rendered the Service as a soldier in the Revolution, and he knows that his widow now applying for a pension is the identical person known to him in the war of the Revolution as the wife of Abner Aycock. And he also knows that
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she never married since the death of her husband the said Abner Aycock.
Sworn & Subscribed before me the 16th of August 1838
Wm C Clanton JP    William Robertson (his mark)

State of North Carolina
Warren County
This day personally appeared before me a Justice of the Peace for the county and state above William Robertson an old and very respectable citizen and subscribed and swore to the foregoing affidavit in due form of law. I also certify that Mr. Robertson’s testimony is entitled to full faith. Mr. Robertson’s health is so feeble as to prevent him from going more than a short
his members.
Given under my hand & seal this 16th day of August 1838.
Wm. C. Clanton J.P. 

State of North Carolina
I Edward W. Best, clerk of the Court of Pleas & Quarter Sessions in & for the County of Warren in the State aforesaid do hereby certify that William C. Clanton whose signatures appear to the foregoing affidavit & certificate is, and was at the time of signing the same, one of the acting
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Justices of the peace in & for the County aforesaid, duly commissioned & qualified to act as such.

In testimony whereof I have hereunto subscribed my name and affixed the seal of
the court aforesaid at office in Warrenton the 10th day of September A.D. 1838

Edw’d W. Best clk
of Warren County Court
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State of North Carolina, County of Warren
This day personally appeared before me a Justice of the Peace for the County and state above
James Durham of the said County aged Eighty years and a pensioner of the United States who being first duly sworn according to Law; testifies and says that he knew Abner Aycock and his wife who was Sarah Harper as early as the year 1776; that he then resided as they have always since within 5 miles of this affiant. This affiant can confidently testify that the said Abner Aycock was at the time mentioned then living with his wife who is now applying for a Pension as man & wife and that Mrs. Sarah Aycock then known to him is the identical person who applies for a Pension – and to the knowledge of this affiant has never married since the death of her husband. He also testifies that the said Abner Aycock served at the time that this affiant did and was at the defeat of General Gates near Camden in South Carolina. This affiant is confident he served at least four months in that expedition.
Sworn to and subscribed before me this 7th day of September 1838.
W.W. Vaughan JP      James Durham (his mark)
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State of North Carolina Warren County
The within affidavit was this day sworn to and subscribed before me by James Durham
a very old and respectable citizen of this county— I also certify that Mr. Durham is a man of high
respectability, and that full faith and credit is due to his testimony.
Given under my hand & seal this 7th Sept. 1838.
W. W. Vaughan, J.P.

State of North Carolina
I, Edward W. Best, clerk of the Court of Pleas & Quarter Sessions in & for the County of Warren in the State aforesaid, do hereby certify that W. W. Vaughan whose signature appears to the foregoing affidavit and certificate is now and was at the time of signing the same one
of the acting Justices of the Peace in and for the County of Warren aforesaid, and duly commissioned & qualified to act as such.
In testimony whereof I have hereunto subscribed my name and affixed the seal of the court aforesaid at office in Warrenton the 10th day of September A.D. 1838.
Edw’d W. Best, clerk
of Warren County Court
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State of North Carolina
County of Warren
The affidavit of Mr. Burwell Davis of the County and State above written now in the 83d year of his age, a pensioner of the Government taken to prove the Revolutionary services of Abner Aycock, and also to prove the fact that he was married at the time he rendered the service. This affiant being first duly sworn according to Law testifies and says that he has resided all his life in the same neighbourhood that Abner Aycock and his wife reside in. This affiant knows that Abner Aycock was married to his wife who was a Harton during the Revolution the precise day or month he is unable to state but he well knows that he was a married man at the time they served together in the year 1781. This affiant also testifies that Abner Aycock did to his knowledge serve the following tours of duty, he first served six months under Captain Jacob Turner, and afterwards was drafted with this affiant and served under Capt. Thos. Alston in a lighthorse company at the time the Battle of Guilford Court House was fought. He was drafted
for three months. This affiant has always resided near to Abner Aycock in his lifetime and since near his widow now applying for a pension and he knows that she is the identical person who
served to him in the Revolution as the wife of Abner Aycock and that she has never married since his death.
Given under my hand & seal this 28th day of August 1838
Burwell Davis

State of North of North Carolina 
Warren County
This day personally appeared before the Justice of the Peace for the County and State where written Mr Burwell Davis of the said County and made oath in due  from of Law to the foregoing affidavit I also certify to all it may concern that Mr. Davis
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is a very old and most respectable citizen of the County of Warren
and that all faith and credit is due to his testamony
Given under my hand & Seal at Warrenton this 28th day of August 1838
John Vandyck J.P.

To James L. Edwards Esqr
Sir, Mr Burwell Davis who has given the whose affidavit is a very old and most
respectable citizen of this county and I take pleasure in saying that his testimony is entitled to full credit
Respectfully
M. T. Hawkins

State of North Carolina
I Edward W. Best, Clerk of the Court of Pleas & Quarter Sessions in and for the county of Warren in the state aforesaid, do hereby certify, that John Vandyck, whose signature appears to the foregoing affidavit, is now and was at the time of signing the same one of the acting Magistrates in & for the county aforesaid, duly commissioned & qualified to act as such.
In testimony whereof I have hereunto subscribed my name and affixed the seal of the Court aforesaid at office in Warrenton the 29th day of August A.D. 1838.
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Mr. Ransom 
affidavit
No. 8
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State of North Carolina
Warren County
This day personally appeared before me a Justice of the Peace for the County and State above
written, Ransom Aycock of the said County who being first duly sworn according to law, Testifies and says – That the ages of the children of his father Abner Aycock & his mother Sarah Aycock were registered in the family Bible by his Brother Henry Aycock who is now dead. This affiant further testifies that the family Bible with the entries of the ages of the children was after the death of his father sold by this affiant as his Executor and was purchased by John Shaw husband of my sister Mary, and has been in her possession from the time of the sale in 1823 until a few days since when it was delivered to this affiant by his sister for the purpose of establishing the ages of the children of his father & mother.
This affiant knows that the entries are in the proper handwriting of his Brother Henry Aycock
and were made he is confident as much as forty years since. The reason why the entries were made by my Brother was that neither my father or mother could write: and after my Brother was taught to write he made the entries according to the direction of my father.
Given under my hand this 15th day of November 1833
Ransome Aycock

State of North Carolina
Warren County

This day personally appeared before me, Mr. Ransom Aycok and subscribed and swore to the foregoing affidavit, in due form of law. I also certify that the family Bible
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of Abner Aycock mentioned in the foregoing affidavit has been produced to me and I have taken from it the leaf upon which the entries of the ages and births of the children of Abner Aycock are registered and appended the same to this certificate with three seals. I also certify that
Mr. Ransom Aycock is well known to me, and I have every confidence in any statement he may make.
Given under my hand & sealthis 15th day of Nov. A.D. 1838
T.J. Hudkins (Seal)

[illegible document- presumably a list of children]
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State of North Carolina
I Edward W Best Clerk of the Court of pleas & Quarter Sessions for the County of Warren do hereby certify that T.J. Hudkins whose signature appears to the affidavit of Ransom  Aycock on
this sheet is & was at time of signing the same one of the acting Justices of the peace in & for the County aforesaid, duly Commissioned & qualified according to Law that to all his official acts as such full faith credit & authority are due ought to be given
In testimony whereof I have hereunto affixed the Seal of the Court aforesaid
Subscribed my name name at off ice in Warrenton on the 15th day of November 1838
Edw W Best Clk
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State of North Carolina 
County of Halifax
State of North Carolina, County of Halifax
This day personally appeared before me a Justice of the Peace for the County & State above
written Colonel Joseph J. Aulston of the said County; who being first duly sworn according to Law, testifies and says. That he was born and raised in three miles of Abner Aycock and knew him from a boy to the time of his death. This affiant has a perfect knowledge and recollection of the following tours of service rendered by Abner Aycock in the War of the Revolution. First this affiant knows that Abner Aycock was a minute man in a Company commanded by Captain Jacob Turner Edward Yarborough being Lieutenant: in the spring of 1776. Colonel Turner was called into service and Abner Aycock marched under his command to Wilmington and remained in service to the knowledge of this affiant for six months. What impresses the fact on his recollection is that he was at the marriage of Abner Aycock in the fall of 1776 on his return from Wilmington – the cousin of said affiant Captain Thomas Alston who was afterwards a Captain of Cavalry was an Ensign; and I have heard him often speak of the expedition to Wilmington at the time the Battle of Moore's Creek was fought; The companies of minute men drafted to serve on this expedition were commanded by Colonel Long. In the month of June 1779 Abner Aycock was drafted and served a tour of duty under Captain Wren at the time Gates was defeated this service was for three months; but I am confident he was four if not five months from home. Abner Aycock was again in service at Guilford Court House under the Command of Captain Thomas Alston. And in the fall of the same year he was in service under Captain Wren at Halifax for three months the service Guilford Court House commenced in the first of February 1781, and terminated at the Battle in March of that year. The service at Guilford and at Halifax was under Colonel Long. I am induced from a sense of justice as well as truth to make this statement that the widow of Abner Aycock may get what I know she is entitled to.
Given under my hand this 19th day of February 1840
J.J. Alston
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State of North Carolina 
Halifax County
This day personally appeared before me a Justice of the Peace for the State & county above written Col: Joseph S. Alston, who subscribed  and swore to the foregoing affidavit in due form of law. I also certify that Col. Alston is one of our oldest and most respectable citizens; and his testimony is entitled to full  credit and faith.
Given under my hand and seal this 20th day of February 1840.
M.A. Allen J.P.

State of North Carolina
Halifax County 
I James Simmons, Clerk of the Court of Pleas and  Quarter Sessions for Halifax County, certify that M. A. Allen is a Magistrate  as above, that the foregoing signature, purporting to be his, is genuine— 
In testimony whereof, I have hereunto affixed  my seal of office, and subscribed my name, 
this 20th day of February in the year 1840.
James Simmons  
Clerk of the Court of Halifax County
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WIDOW, &c.
File No. 9710
Sarah Aycock
Will
Abner Aycock
Privt Rev War
Act: July 4th1836 
Index: -- Vol. A, Page 24
[Arrangement of 1870.]
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[above image]
Sarah Aycock  
widow of Abner Aycock  
act 4 July 1836  
N. Carolina case. See  
letters Oct. 22 & Nov. 20  
1838 by R.H. Mosby  
To H. of R. Oct. 22, 1839  
do. to R.H. Mosby Feb. 8, 1840 —  
Act 36

[Below image]
Mr. Harry, I forgot to observe for what period  James House drew the Pension of Sarah Aycock. Will you please look?
J.D. Wilson
from 4 March 1831 to 4 Sep. 1840  
J.H.
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Sarah Aycock, N. Carolina Wd, act July 4, 1836, at $40 per Annum.  
Be pleased to state to what time her pension has been paid, and who received the money.

Pension Office  
Oct. 12. 1841

Has been paid from 4th March 1831 to 4th Sept. 1840.

Money was received by James Haske The Attorney  

3rd Auditor’s Office  
Oct. 12, 1841 — J.O.V.
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To Col J. L. Edwards
Com of Pensions
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Littleton Nov 16h 1838

To Col. J.L. Edwards 

Sir, Enclosed you will receive another statement made by Mr. Hill in relation to the rank of Capt. Wm. Brown. I also enclose the affidavit of Mr. William Ransom. He states positively by that Brown to his knowledge was a captain for two or more years.   The high standing of Mr. Ransom for respectability and truth will put the question at rest.
I also send to you again the case of Mrs. Aycock with the leaf from the family Bible showing the period of the birth of her eldest child. I trust you will now grant her a pension for thirteen months service which I consider to be clearly made out by the testimony. If not, I shall be compelled  
to abandon the case, believing at the same time that I never presented one of more justice or much more clearly established. I have delayed going south for a few days and hope before I start to  hear from you in relation to this business.
Respectfully,  
R.H. Mosby.
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State of North Carolina
Warren County
This day personally appeared before me a Justice of the Pleas for the said County James
Durham who being first duly sworn testifies and says that in his former affidavit he did not state as he understands the officers who commanded when he was in service with Abner Aycock. He now testifies that he was mustered into service in Mecklenburg County Virginia: under Captain Benjamin Ferrell and on reaching Hillsboro he was transferred to the company of Captain Swepston and marched from that place to the head Quarters of General Gates. When at Hillsboro Abner Aycock joined the troops in a company commanded by Captain Wren, and he marched with us to head Quarters and continued to serve until the defeat which was in the month of August 1780 we left Hillsboro in the month of June the early part of it. This affiant is confident that Abner Aycock served in that expedition at least four months. He also testify as to his own knowledge that the said Abner Aycock was then a married man. This affiant lived in North Carolina, until the war commenced and then moved from the neighborhood to live in Mecklenburg Virginia: with his brothers when he was drafted.
Sworn to & subscribed before me this 12th day of March 1839.
W.W.Vaughan JP    James Durham
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State of North Carolina
Warren County
I certify to all it may concern  that Mr James Durham who has this day subscribed and swore to the foregoing affidavit is a very old and respectable citizen of the County and full faith and credit is due to his statements
Given under my hand & sealthis 12th day of March 1839.
W.W. Vaughan Jp
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State of North Carolina
Warren County
October Term 1839
ordered that satisfactory evidence has this day been adduced to the court now in session
to prove that William Robinson and James Durham who have testified in relation to the Revolutionary service of Abner Aycock are citizens of the County of Warren and their testimony is entitled to full credit
R. M. Saunders
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To Col. James L Edwards
Comp of Pensions
Washington City
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Littleton Octr: 16th 1839

To James L Edwards Esqr

Sir, I herewith transmit to you additional testimony in support of the application of Mrs. Sarah Aycock for a pension. This case has been permitted to slumber in your office for a year and a half in consequence of my inability to give to it the proper prosecution. The objections to the allowance of the claim was first that the evidence was not sufficiently specific in reference to the periods and duration of service; and  secondly, that one of the witnesses declared that Aycock  
served 6 months at one term in the militia. This last objection you will recollect I proved to you was not correct as the laws of N. Car. show that persons drafted in the frontline Regiments raised in this state served 6 months. The evidence shows that Aycock was in one of these Regiments. I have retaken the evidence of two of the witnesses and they now speak not only of the service but its commencement and termination and the names of the officers under whose command the service was performed.
When last in the office I called your attention to this case; and understood you to say that it would be acted on whenever the additional testimony was filed, which will be but an act of justice to the applicant as the matter has been so long delayed. Trusting that I shall have the pleasure to hear from you shortly I remain very Respectfully  
R. H. Mosby
P.S. The evidence now sent and the character of the witnesses you will find certified by
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the Hon. R. M. Saunders
[Rest of document illegible]
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Oct 28
J.L. Edwards Esqr 
Comr of Pensions 
Washington City DC
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Oct 28
J.L. Edwards Esqr 
Comr of Pensions 
Washington City DC
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Washington 25th Oct 1839

Sir, I have rec’d a letter from Mr. R. H. Mosby, in which he requests me to attend to the interest of Mrs. Sarah Aycock, who is an applicant for a pension. He says this case has been before your office for more than 12 months, and that you promised him that when the evidence should have been retaken, that you would have it disposed of at once. The evidence has been retaken and forwarded, and is now in your bureau. It seems to me that a case which has been so long before the Department has peculiar claims for a speedy examination, and is entitled to precedence of all others which may have been presented at a subsequent period. I have therefore to request the favor of you to give this matter your attention now, if you can do so without inconvenience to yourself — and if upon examination, any objections should present themselves to the allowance of the pension as claimed, to notify me thereof, in order that I may file an argument in the case if I think it advisable, or take such other steps as may seem to me proper.
J. L. Edwards Esq.
Commissioner of Pensions

Very respectfully
Yr. ob. svt.
H.S. Rey
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War Department 
Pension Office
October 30, 1839

Sir, In the case of Mrs. Sarah Aycock, widow of Abner Aycock, deceased, under the act of 4 July, 1836, the additional statements of the witnesses do not furnish the details of the service which the necessary rules for adjusting a pension require. It would appear that this claim is asserted for three terms of service viz. 6 months, 3 months & 4 months. The length of each tour is unusually long for North Carolina militia, and the narrative afforded by the papers furnishes a very imperfect account of each.
The witness Robinson was not in service agreeably to his papers on file under the act of 7 June, 1832, at the time he deposes that claimant’s late husband was engaged in a six months tour of duty. He should shew by what means he acquired a knowledge of Aycock's service and retained the recollection even of the very indefinite facts stated by him. The other term or terms, of which Robinson is the witness, are obscurely set forth by him. The
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reason assigned by Robinson for declining to prefer a claim for the three months, in which claimant’s late husband, as he alleges, served with him, is unsatisfactory.
As to any evidence proving that a service of 6 months in 1776 was rendered by two regiments of North Carolina militia, and that claimant’s late husband served in one of them, as intimated by Mr. Mosby’s letter, I am not aware of any such evidence.
The period, length, and grade of each term should be definitely set forth, with the names of the company and field officers, stations, marches, &c.
I am, very respectfully
your obt svt
J. L Edwards
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As to objection about the duration of the 6 mos. service, Mr. M. in his letter of 16 Oct. says he satisfied the Court from the laws of N.C. that there were 2 regts organized for that period—
Robinson in his affidavit of 10th Oct. ’39 gives the following as his reasons for identifying the 6 mos. service—that he knew Aycock & that he was to be married in May the spring & that in consequence of his entering the army it was postponed until the fall when he left the troop; that he recollects seeing Aycock in the fall carrying his wife on a horse behind to be married
Aycock he says served under Capt. Turner in Regt. commanded by Col. Hawkins.
As to 3 mos. service—swears that Aycock served with him three months in & near Halifax town—
As to 4 mos. service—Robinson swears A. was absent from home (he lived in his neighborhood) from May to Sept. & that he served under Capt. Wren
There is an order of Warren County court that Dunham & Robinson are fully entitled to credit.
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Robinson has not claimed his pension because he served only three months & he thinks it is not worth the trouble & expense of the application.
Dunham states that he recollects Aycock joining him with the troops, commanded by Men at Hillsboro, where Dunham then was, & that he served four months—He swears it was their main Robinson in his affidavit does not say he served in the army with Aycock during the 6 mos. term— But reputation ought to be sufficient
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No. 3
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State of North Carolina
Warren County
This day personally appeared before me a Justice of the Peace William Robinson of said county aforesaid, who being first duly sworn testifies and says that since he gave his testimony in behalf of the widow of Abner Aycock, he has reflected upon the subject of his services in the revolution, and had his mind strongly refreshed by talking with others. He testifies to the following facts, to wit: He has a distinct recollection that Abner Aycock served six months under the command of Capt. Jacob Turner in a Regt. commanded by Col. Philemon Hawkins. This affiant well recollects that this service was performed in the year 1776 or 1777. He is confident of the fact because he well recollects that he was to be married about the time he was called into service and the marriage was postponed until the fall he having joined the Regiment in the month of March or May, and in the month of November of that year he was returned and was married to his wife now applying for .a pension. These facts are strongly impressed upon the mind of this affiant because he saw Abner Aycock carrying his wife to and from the horse behind him to be married. This affiant knows also that Abner Aycock was drafted and served at Guilford Court House; in that service he was commanded by Captain Alston. On his return from that expedition he was in service with this affiant in and near Halifax Town for three months when the enemy was in that place. The service rendered by this affiant he has never claimed, as it was for three months & not worth the trouble of getting. This affiant knows that Abner Aycock served at least four and at Guilford not less than five months under the command of Captain Wren
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In conclusion this affiant says that he has resided from his birth to the present moment in the same neighborhood with Abner Aycock’s widow, and up unto the death of Abner Aycock. He can and does speak confidently of the facts set forth in this affidavit as he had the best means to know them to be true. This affiant has had called to his recollection the service of Abner Aycock at Gates defeat. He certainly there served in that expedition under Captain Wren, was from home for four months time in May and returned in September.
William Robinson (his mark)

State of North Carolina
Warren County
This was personally before me a Justice of the Peace for the County, William Robinson and who acknowledged & swore to the foregoing affidavit in due form of law — I also certify that Wm. Robinson from the debilitated state of his hands is unable to sign his name, at this time writes badly. His testimony is entitled to full credit.
Given under my hand & seal this 10th day of October, 1839
WW Vaughan JP
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State of North Carolina 
Warren County 
I Edward W. Best, Clerk of the Court of Pleas and Quarter Sessions for the county aforesaid, hereby certify that William W. Vaughan whose signature appears to the foregoing affidavits, is now and was at the time of signing the same an Acting Justice of the Peace in and for the county aforesaid, duly commissioned and qualified to act as such as the law directs.
In testimony whereof I have hereunto subscribed my name and affixed the seal of the Court aforesaid at office in Warrenton the 15th day of October 1839-
Edw W Best
Clerk of Warren County Court
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State of North Carolina
Secretary of State’s Office
I William Hill Secretary of State in and for the state of North Carolina do hereby certify, that I find on the Journals of the Provincial Congress which met at Hillsborough on the 20th of August 1775 the following resolve or ordinance, Viz: That the minute men to be enlisted for six months, and whenever called into actual service, be subject and bound by the rules and regulations for the Continental Army provided by the Continental Congress. That the same bears date the 7th day of September 1775.
Given under my hand this 4th day of Febry 1840
W. Hill
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Washington City Feby 4th 1840

To Col James L. Edwards 

Sir, I have attentively considered your objections to the allowance of Mrs. Aycock a pension, and beg leave to submit to your candid consideration the following reply. The first objection is to the length of the service proved to have been rendered; you say they are “unusually long for North Carolina militia.” This objection I apprehend applies more particularly to the service proved to have been performed in 1776, for 6 months. The service for 3 and 4 months I presume will not be questioned. It is readily conceded that a witness who would prove service of 6 months performed after 1777 should be discredited. But when the same witness locates the service as occurring prior to 1777, his recollection and knowledge of the fact is fully sustained by the then existing law and regulation prescribing the period of service. You will readily have called to your recollection the fact that I produced to you from an extract taken from the Journals of the first Congress held at Halifax which shows the military organization of that period; the appointment of the officers, the period of service they were liable to render, and the pay they were to receive. The laws and regulations then made were obviously intended to govern and apply to the two Regiments then raised for the defense of the State. In one of which it is in proof before you Abner Aycock served. If any additional testimony were required to establish the fact found on the Journals of the Congress of North Carolina I feel a perfect conviction that the records of the pension office afford abundant evidence of discharges proved and admitted to be genuine for periods of 3, 4, 5 & 6 months. If I am right in this conjecture I am sure you will agree with me that the statement of a witness proving service to be rendered for any of those periods should not be discredited on that ground. You then say it should be shown by what means he acquired a knowledge of Aycock’s service. This remark has reference to the testimony of Robinson. A perusal of his amended affidavit particularly the conclusion will afford a sufficient answer to this objection. You then say in conclusion that the period, length, &
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grades of each term should be definitely set forth”
In reply to this objection I must beg leave to refer you to the evidence in the case. Robinson says that Abner Aycock first served 6 months under Capt. Jacob Turner in a regiment commanded by Col. Philomon Hawkins. This service is proved to have commenced in March and terminated in November of that year. He next testifies to service at Guilford Court House under Capt. Alston; and finally, proves a service of 3 months performed under Capt. Wren at Halifax, and estimates the service under Wren and Alston at 5 months. He also proves the service of Aycock at the defeat of Gate Gates, which the witness Dunham declares was rendered in company with him, commencing in June and terminating in the month of August 1780. They both estimate this service for 4 months. In forming this, there is in every other estimate to include not merely the period for which the draft was made but the time employed in going and returning from the place of rendezvous.The affidavit of Mr. Davis proves the service under Turner for 6 months and the service under Alston at Guilford Ct. House. The testimony of so many and such respectable individuals, all going to confirm and establish the facts set forth does appear to me to exclude all ground of suspicion or doubt of the accuracy of their statements. In conclusion I submit this case to your candid consideration and have only to say, that if it cannot be allowed on the evidence now before you I know there are persons who can testify to a greater length of service than here claimed or proved, and to that testimony I shall be compelled to resort.
I remain very Respectfully
R. H. Mosby
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To Col James L. Edwards
Commissioner of Pensions
Washington City
Page 46

To Col. James L. Edwards,
Littleton Feby 15th 1840

Sir,
Your letter of the 8th Inst. apprising me of the final rejection of the application of Mrs. Aycock for a pension has been received. At the conclusion of this communication I am given to understand, “that no further investigation can be had without the additional proof required”. If this determination is adhered to I am precluded from making any reply to the objections stated in your letter. Under these circumstances I am compelled either to abandon the claim or appeal from your decision and carry the case before the Secretary at War. With a view that he may have this case fairly and fully before him, I shall state your objections, accompanied with such remarks as I deem proper.
You say “The witnesses are required to state distinctly each term of service which Abner Aycock performed; specifying the names & rank of the field & company officers under whom he served—the duration of each term and the year in which it was performed—the rank he held—the battles if any in which he was engaged, & such other particulars as may be necessary to show that they had a personal knowledge of his service.” You also say “The affidavits in this case are materially defective in the above mentioned particulars”
Having stated your objections to the allowance of this case I have only to say in reply, that there is but one point of difference between us: you contend that the affidavits are materially defective in the “above mentioned particulars.” I contend that the evidence now before you is strictly in accordance with the law, the rules governing the decisions of these matters, and your requirements, in every particular accepting the proof of the 6 months service under Capt. Jacob Turner, and the evidence from the rules or I should say, from your objections, is that they did not serve with him that tour of duty although they positively testify to its performance and state the year, the length of the service and the company & field officers. In all the balance of the testimony the witnesses prove, and speak of service rendered by them in company with Aycock.
For the correctness of this statement I beg leave to call your attention.
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to the evidence of William Robinson & James Durham retaken with a view of obviating the objections, stated some 18 months since to the justness of this claim. Upon filing the amended affidavits of Durham and Robinson you answered to the key objections now filed with the papers, in which you confine your objections to the length of the service proved, saying that “it was unusually long for North Carolina militia.” To that objection I replied in a personal interview, and in addition filed an explanation in writing and referred you to the fact that the service was not “unusually long”; but on the contrary, that the laws of North Carolina authorized and required it, as will appear by an extract taken from the Congress of 1776, certified by the Secretary of State. I also called your attention to the fact that the records of your office itself would show discharges for a service of 3, 4, 5 & 6 months
In reply to your demand for additional testimony in this case, I have to inform you that the witness Robinson died a short time since. But if he were alive I should be greatly at a loss to know how any additional statement would add anything to the precision and accuracy of this statement now before you. The same remark in my opinion is equally applicable to the balance of the testimony, proving the time, the length of service & the rank and names of the officers commanding. In conclusion I ask that Mrs. Aycock be allowed a pension for 12 months service rendered by her husband Abner Aycock and if not granted, I desire the papers may be sent with this statement to the Secretary at War for his decision.
I remain very Respectfully
Yr. Obt. St.
R. H. Mosby

To Col. J. L. Edwards
Commissioner of Pensions
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To Col. J. L. Edwards
February 20th, 1840
After closing the foregoing communication and before I could send it to the P. Office fortunately old Col. Joseph John Alston called to see me; and on mentioning the service of Aycock to him he told me that he was raised in 3 miles of him and had a most perfect recollection of his service. I have accordingly taken his evidence which will be handed to you by my friend Mr. Cannon. The high character of Col. Alston for truth and the accuracy of his statements will I trust have their full weight with you in the decision you will make, and bring this small but much discussed question to a close.
I remain very Respectfully
R. H. Mosby
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James L. Edwards Esqr
Com Pensions
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Rep. 24th Feby. 1840

To J. L. Edwards, Esq.
Com. Pensions

I have rec’d the inclosed papers from Mr. Mosby—with the request that I should present them. Should the action be favorable—he requests of me to send the certificate to him.

Respectfully,
Henry W. Connor
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Littleton, N.C.
Jan 10th, 1840

To,
George W. Crump Esqr.
acting Com’r of Pensions
Washington City
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Littleton July 8th 1840
Sir, I addressed to you when in Richmond a few days since a letter in reference to the application of Mrs. Johnston and requested to know your determination in relation to the case, since that time I have received a letter from Mr. Ray apprising me of the rejection of the claim of Mrs. Aycock, the grounds of rejection in this case are not furnished me. I have again to request that a statement of the grounds of rejection in both these cases be furnished me with as little delay as practicable intending to place them before Congress. I regret to see that you have the same aversion to the passing of claims that Hamlet had to marriage in Denmark, in a word there shall be no more. The continued bad state of the roads and my ill state of health combined prevent me from going on to Washington and may do so for a period when it will be out of my power to have these cases acted on by Congress at the present session. I am therefore desirous of acting promptly either in person or by some friend—and have again to renew my request that I may hear from you with as little delay as practicable; with the assurance that
I remain very Respectfully
R. H. Mosby
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Warren City N.C. Oct. 5th, 1841

Dear Sir,
At the solicitation of a poor and helpless widow I have been induced to write to you to know how much money has been paid Richard Mosby for the benefit of Sally Aycock in right of her husband Abner Aycock for Revolutionary services; your attention to the above will much oblige a poor woman who has been very much imposed upon.

Very Respectfully,
Yr. Obt. Servt.
S.A. Williams

To The Commissioner of Pensions
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TREASURY DEPARTMENT
Second Comptroller’s Office
Jany 18th, 1842

Sir:

Under the date of the 6th of April, 1838, entitled “An act directing the transfer of money remaining unclaimed by certain Pensioners, and authorizing the payment of the same at the Treasury of the United States,” Sarah Aycock, a Pensioner on the Roll of the Madisonia Agency, at the rate of Forty Dollars and [Blank] Cents per annum, under the law of the 7th July 1836, has been paid at this Department, from the 1st of Sept. 1840, to the 4 March 1841.

Respectfully, yours,
Albion K. Parris
Comptroller.

To the Commissioner of Pensions,
Present.