Revolutionary War Pension and Bounty Land Warrant Application File R. 4983, John Higgs, N.C.
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(3-1776)
Service Number
N. C. Higgs, John R4983
Contents
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State of Georgia County of Montgomery 
On this second day of October 1832 personally appeared in open court before the Justices [illegible] of now sitting John Higgs a resident of the county & state aforesaid aged seventy five, who being first duly sworn according to law, doth on his oath make the following declaration in order to obtain the benefits of the Act of Congress passed June 7th 1832. - That he entered the service of the United States under the following named officers & served as [illegible] stated.  That he was drafted towards the close of the war and served a total of three months under Captain Folk at North Wish Bridge in Virginia. that he cannot recollect the precise time when he entered service, but knows it was between the middle & close of the War; and about the time that the first service was at an end that he was drafted on a nine months tour and served by substitute in said nine months tour , that he cannot recollect the names of any other officers except the Captain as above stated, & that he resided in [illegible] County North Carolina at the tie he was first called into service; that he marched only from [illegible] county N. C.l to North Wish Bridge aforesaid, that he was in no battle, but that he believes his substitute was in the battle [illegible] at this bridge aforesaid, and that he has no documentary evidence and that he knows of no person whose testimony he can procure who can testify as to his service, except this affidavit enclosed within-
I hereby relinquish any claim whatever to a pension or annuity except the [illegible], and declare that my name is not on the Pension Roll of this agency of any state.
The following interrigation was preformed by this court to the applicant and the question & answers are as follows:
Ques 1st Where & in what year were you born?
An 1 I was born in [illegible] County North Carolina, about the year 1757
Ques. 2 Have you any [illegible] of your age? if so when is it?
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And 2. I have none
Ques. 3 Where were you living when called into service? Where have you lived since the revolutionary War? and where do you now live?
Ans. 3 When called into service I was living in [illegible] county in North Carolina; about two years after the close of the war I removed to Washington County Georgia where I resided for many years.  I have for the last perhaps twenty years resided in the county first aforesaid and in the joining county of [illegible]. I now live in the county first aforesaid where I have resided about twelve months
Ques. 4 How were you called into service? Were you drafted? did you volunteer or were you a substitute?
Ans. 4 I was drafted
Ques. 5 State the names of some of the regular officers who were with the troops when you served such Continental & militia regiments as you can recollect and the general circumstances of your service.
Ans. 5
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and good behavior, your services as a soldier of the Revolution.
Sworn to and subscribed this day and year first aforesaid     Aust.7 James B. Conner William Johnson Wison Conner, Peter Mc Gill, Malcom Peterson, any or all of whom will no doubt testify as above.
Sworn to and subscribed this day and year aforesaid}        his
                 John X Higgs
                       mark
I Wilson Conner, Minister of the Gospel residing in the County of Montgomery and in the neighborhood where I have resided for more than thirty years, and where during said residence, I have been intimately acquainted with the above-named John Higgs, I believe his age to be about as he has stated, and from the character of said Higgs for truth and veracity in the neighborhood where he has long resided, I have no doubt of the truth of his statements, with respect to the services rendered by him in the Revolution as he has above stated.
                           Wilson Conner UDM

Sworn to before me, the 3rd day of October 1832.   Joseph Roply I. J. C. M. Co.GA

I Malcom Peterson residing in the County of Montgomery and state aforesaid hereby certify that I am well acquainted with John Higgs, who has subscribed and sworn to the above declaration, and I believe him to be 75 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 I concur in that opinion.
Sworn to and subscribed this 4th day of Febry 1833.               Malcom Peterson
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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 Wilson Conner who has signed the preceding certificate as a clergyman resident in the county aforesaid and that Malcom Peterson who has signed the other preceding certificate is a resident in the county aforesaid and is a credible person and their statements are entitled to credit.
          Joseph Regals I. J. C.
       Kenneth McLennan I. J. C.
              Norman M Ray I. J. C.
I Thomas S McFarland Clerk of the Superior Court of Montgomery County do certify that the foregoing contains the original proceedings in the matter of the application of John Higgs for a pension-
In testimony whereof I have here unto set my hand and private seal (there being no public seal of office) this 4th day of February 1833.

Thos. S. McFarland Clk S. C.
(Seal)
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No 23437
John Higgs
Montgomery Co
Georgia




Rejected___
May 23 1833 to
Thos. McFarlane



Thomas G McFarlane
Clk
Montgomery Co
Georgia
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War Department
Pension Office     183
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. These 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 showing the Service of John Higgs Montgomery Co. Georgia

Duration of claimant's service   3 months
Rank of the claimant. Private
Names and Rank of the Company officers under whom he served. Captain Folk
Names and Rank of the General and Field officers. Officers not stated
Country through which he marched. Northwest bridge VA
Place of abode when he entered the service, and age at the present period. 76 years Barter County North Carolina
Evidence by which the declaration is supported. Traditional like the widow of Eliza for a tour of service at Northwest bridge 

I am, respectfully, your obedient 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 construed to extend, as well to the line, as to every branch of the Staff of the Army,
and to include under the terms"Continental Line," "State troops," "militia," and "volunteers," all
persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who
were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to
Store Keepers, &c. Teamsters, Boatmen, &c. Persons who served on board of Private Armed Vessels are
also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged
in guarding particular places at night, and were not recognized as being in actual military service.

Four general classes of cases are embraced in this law:
1. The Regular Troops.
2. The State Troops, Militia, and Volunteers.
3. Persons employed in the Naval service.
4. Indian Spies.

As rolls of the regular troops in the Revolutionary War exist in this Department, all persons, claiming
the benefit of this law as officers, non-commissioned officers, musicians or privates, will in the first instance,
make application by transmitting the following declaration, which will be made before a Court of
Record of the County were such applicant resides. And every Court having by law a seal and Clerk is
considered a Court of Record.

DECLARATION,
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
State, Territory or District of}
County of } ss.

On this [blank] day of [blank] personally appeared (a) before [blank]
A.B. a resident (b) of [blank] in the county of [blank] and State, Territory or District
of [blank] 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 provion [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 [blank] and
served in the (e) regiment of the [blank] line, under the following named officers:

[Here set forth the names and rank of the Field and Company Officers; the time he left the service; (and if he served
under more than one term of enlistment, he must specify the particular period, and rank and names of his officers;) the
town or county and State in which he resided when he enered [entered] the service; the battles, if any, in which he was engagee,
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 [blank]
Sworn to and subscribed the day and year aforesaid. A.B.
[And then will follow the certificate of the Court.]

And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary
soldier, and served as he states.
I [blank] of the Court of[blank]
do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of
the application of [blank] for a pension.
In testimony whereof I have hereunto set my hand and seal of office (i) this
[blank] day of [blank] &c.

If, on examination of the proper record the names of applicants, making such declaration, cannot be
fount, 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 [blank] and C.D. residing in (the same)
hereby certify, that we are well acquainted with [blank], who has
subscribed and sworn to the above declaration; that we believe him to be [blank]
years of age; that he is reputed and believed, in the neighborhood where he resides, th have been a soldier
of the Revolution, and that we concur in that opinion.
Sworn and subscribed the day 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 [blank]
I, [blank] Clerk of the Court of [blank] do hereby certify that the foregoing
contains the original proceedings of the said Court, in the matter of the application of [blank]
for a pension.

In testimony whereof, I have hereunto set my hand and seal
[blank] of office, this [blank] day of [blank] &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 this claim, and n 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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will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected.
All applicants will appear before some Court of Record in the County, in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.
The Court will propound the following (m) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.
1. Where and in what year were you born?
2. Have you any record of your age, and if so, where is it?
3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?
4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom?
5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services.
6. {To a Soldier. Did you ever receive a discharge from the service, and if so, by whom was it given and what has become of it?
{ To an Officer.
Did you ever receive a commission, and if so, by whom was it signed, and what has become of it?
7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution.
The Court will see that he 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 enquiry 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.
conforming to the rule.
(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 liferent 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 [blank] year [blank] months, [blank] days, I served as a [blank]. For [blank] moths and [blank] days, I served as a [blank]; and for such service I claim a pension."
It is important, in all cases, to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state that they served two years in the militia, &c without specifying the tours, the names of the officers, and other particulars respecting their service. This form of a declaration is
highly objectionable. It must, in every case, be clearly shown under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil
pursuit.
(f) The law makes the relinquishment indispensable.
(g) The opinion of the Court is always required.
(h)The Clerk must give his certificate in every case.
(i)The Clerk must affix his seal, and if it has no device or inscription by which it can to 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 of the certifying officer, should accompany the papers.
Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other papers authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
Proof of Service.
(j) In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses, who are required to set forth in their affidavits the time of the claimant's entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
The notes from (a) to (i) are all equally applicable to the cases of Militia men, Volunteers and State Troops, The proof required by rule in note (j)applies to continental troops only.
(k)This 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.
John N Ashton
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No. 23437
John Higgs
Ga.
4983
Rejected - see let:
to Thos G. McFarland
May 23rd 1833-
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4983
P.O.  John Higgs
Service: [blank]
Enlisted: [blank], 18 [blank]
Discharged:  [blank], 18 [blank]
Application filed:  [blank], 18 [blank]
Alleges:  [blank]
Re-enlisted:  [blank]
Attorney:  [blank]
P.O.  [blank]
 [blank]Recognized.  [blank] Contrac[t]
  [blank]Cert. of Dis. Searched for  [blank],18
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East [illegible]}
Jefferson County}
Before me Samual Garret
a Justice of the peace for
Said County personaly came Elizabeth
Wilford who being duly Sworn Deposeth
and Saith on Oath that John Higgs of
Tatnal [Tattnall] County in the State of Georgia
Served a touer [tour] of Service in the Revolution
War under Capt Folk at North Wist
Bridge in the State of Verginna [Virginia] and Return
with Said Folk when the said Tour was
performed
Sworn to & Subscribed before
me this 26th day of Decm 1828
Samuel Garrett JP.