Revolutionary War Pension and Bounty Land Warrant Application File S. 41,914, for Joshua Nailor, Maryland
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(3-1776)
SERVICE
Md.
Nailor, Joshua or Naylor
NUMBER S. 41.914
CONTENTS
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18,488
North Carolina.
Joshua Nailor, of Montgomery Co. in the State of North Carolina who was a private in the Regiment commanded by Colonel Hall of the Maryland line, for the term of 3 years.
Inscribed on the Roll of North Carolina at the rate of 8 Dollars per month, to commence on the 4th of July, 1820.
Certificate of Pension issued the 1st of Feby 1822 and sent to Hon: A: McNeill, House of Representatives.
Arrears to 4th of September, 1821
19 28/2, & 4/30 mo $112.28
Semi-anl. all'ce ending 4 mar: 1822...$48.-
$160.28
{REvolutionary claim, Acts 18th March, 1818 & 1 May 1820}
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Declaration of Morning Nailor widow of Joshua Nailor, decd
No 1
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State of North Carolina
Stanly County
On this 7th day of January 1861 personally appeared before the subscriber, one of the acting Justices of the peace in and for the aforesaid State & County Morning Nailor a resident of the County of Montgomery and State aforesaid aged 96, years, who being first duly sworn according to law, doth, on her oath, make the following Declaration, in order to obtain the benefit of the provision made by the act of Congress passed July the 7th 1838, entitled "an act granting half pay and pensions to certain Widows" that she is the widow of Joshua Nailor, who was a Soldier of the Revolutionary war, who was allowed a pension by the United States of the 18 of March 1818 and first of May 1828 at the rate of eight dollars per month to commence on the 4th day of July 1820, and he drew his said pension untill the year 1835
She further declares she and said Joshua Nailor was married in the State of North Carolina in the County of Mongomery On the 11th day of June 1782 and her husband said Joshua Naylor died in the County of Montgomery State of North Carolina on the 24th day of June 1835 & that she has not 
enter married since the death of her husband said John Nailor & is his widow, That she was not married to him prior to his leaving the service, but the marriage took place previous to the 1st of January 1794, viz, that is, at the time above stated.
Sworn to and subscribed the day above written before me
Morning Nailor, her mark
Daniel Spence JP
my J.  office address is cotton Grove [inserted text illegible] address to John Henly Cotton Grove P. O.  N.C.
State of North Carolina
Stanly County
J R. Harris Clerk of the Court of Pleas & Quarter sessions of the County of Stanly & State of North
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Carolina do hereby certify that Daniel Spence who signature & seal appear to the within affidavit was [crossed out: and is now] at the time of the affidavit was made & is now an acting Justice of the Peace of the County State aforesaid & his official acts are entitled to full credit
In testimony whereof I hereto set the hand & signature of my office
Jany 12th 1861
R. Harries Clk
[illegible] W J Montgomery [illegible]

[stamped: PENSION OFFICE MAR 20 1861]

[the following is written on the left side, perpendicular to the text] Declaration of Morning Nailor widow of Joshua Nailor, decd
No 1
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Joshua Nailor
Maryland line
4 Rmt Col Hall
1 August 1777
Disch 20 May 1780
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Original Claim
State of North Carolina
Montgomery County
On this the 4th of July 1820 Personally appeared in open Court being a Court of record for the County of Montgomery Joshua Nailor aged sixty four years who being first duly sworn according to law doth on his oath make the following declaration in order to obtain the provision made by acts of Congress of the eighteenth of March 1818 and the first of May 1820 that he the said Joshua Nailor enlisted for the term of five year, on the day of in the year 1773 in the State of Maryland in the company commanded by Capn Scott in the first regiment in the line of the State of Maryland on the continental establishment, that he continued to serve in the said corps until the expiration of the term when he was discharged from the service in the State of Maryland in Prince George's County That he was in the battles of Long Island York Island White Planes [Plains] Agehill [Edgehill] Chesnut [Chestnut] Hill taking of Stony Point Monmouth Courthouse. And in persuance of the act of the first of May 1820 I do solemnly swear or affirm as the case may be that I was a resident citizen of the United States on the eighteenth day of March one thousand eighteen hundred and eighteen and that I have not since that time by gift sale or any manner disposed of my property or any part thereof with intent thereby so to diminish it as to being myself within the provisions of an act of Congress
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entitled "an act to provide for certain persons engaged in the Land and naval service of the United States in the Revolutionary War passed on the eighteenth day of March" one thousand eight hundred and eighteen and that I have not nor has any person in trust for me any property or securities contracts or debts due to me nor have I any income other than what is contained in the schedule hereto annexed and by me subscribed That is one horse worth not more than thirty Dollars one cow & calf value at $10. and a small number of old tools worth about $20 total $60, that the whole of the Balance of property is not worth more than 20 dollars My family consists of my self, wife, & seven children
Sworn to and declared the 4th of July 1820
Test J Culpeper J.P.
Joshua Nailor, his Mark

I John B Martin Clerk of the Court of Pleas and Quarter Sessions of Montgomery County being a court of record. State of North Carolina do hereby certify that John Culpeper who attested this affidavit is one of the Judges of said Court.. that due faith & Credit are due his official acts as such. I do further certify that the foregoing Schedule is a copy of the one filed in my office. that the Court are satisfied as to the truth of the affadevit, that the claimant is old infirm & stand in need of the support of his country. Given under my hand & Seal of Office 4th of July 1820
J  B Martin Clk
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June
The Hon. Secretary of War
Washington City
District of Columbia

New Case
Joshua Nailor
(air: not [illegible])
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Returned for correction. The applicant could not have enlisted in 73 as the war commenced in 75. The times of entering and leaving the service, and term of enlistment should be particularly stated
11. Dec 1880
The residence of the applicant is required.
11. Dec.

17,457
Joshua Nailor, Montgomery Co. N.C. 4 July, 1820
1st regimt. Maryland line, 5 years, erroneously stated in the declaration to have enlisted in the year 1773.
The Auditor General of Maryland is requested to certify from the rolls, the period of this applicants' service, designating the Colos. name.
worth $: 20.00.
J. B. Martin, agt.
Hendersonton, N. C.
4th October, 1820

Joshua Nailor
Maryland line
4 Remt Col Hall
1 August 1777 Died 20 May 1780
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State of North Carolina
Stanly County.
On this 11th day of Jany. 1861 personally appeared before me One of the acting Justices of the peace within and for the aforesaid County and State J. T. Hall Esq aged 79 years, a resident of the County of Montgomery and State of North Carolina who being duly sworn, states on his said Oath, that he was aquainted with Joshua Nailer and his wife morning of Montgomery County State of North Carolina, for at least 48 years previous to said Joshua Nailers death, which took place in or about the year 1835, the former who was a pensioner of the United States, and the latter his wife now his widow who is applying for a pension. And that this deponant hath this day it being the day and year first above written, attended at the grave of said Joshua Nailer decd it being in Montgomery County North Carolina in the Church burying Ground at Lanes Chapil, and on the stone at the head of Joshua Nailors grave is the following Epitaph, Joshua Nailor was born 1751 and died June the 24th day 1835, and this deponent also states on his said Oath, that during the time of said Joshua Nailor & his wife morning living in wedlock, Morning Nailor as aforesaid had born of her the following named five Children, (Viz) George, Wadehampton, Joshua, Jamima and Adelpha all of full age at the time of their Father, Joshua Nailors death which took place as above stated, during that time that they the said Joshua Nailer and Morning his wife now his widow living togeather as lawfull husband and wife they owned each other as such, and at all times acknowledged each other to be lawful Husband and Wife, and the legality thereof were never disputed by those Persons who knew and were acquainted with them.
sworn to and subscribed before me the day and year above witten.
Daniel Spence JP
J.T. Hall
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J. T. Hall
No 3
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State of North Carolina
Stany [Stanly] County
I R Harris clerk of the court of Pleas & Quarter sessions of said County & State do hereby certify that Daniel Spence whose signature & seal appear to the within affidavit was at the time the affidavit was made & is now an acting Justice of the Peace of said Court & state and his official acts are entitled to full credit
In testimony whereof I have hereunto set the seal & signature of my office
Jany 12th, 1861
R Harris Clk
[Illegible] W. J. Montgomery 9th

[stamped: PENSION OFFICE. MAR 20 1861]

J. T. Hall
No 3
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Cotton Grove N. C.
March 16th
Free
Geo. C. Whiting
Commissioner of Pensions
Washington City D. C.

Joshua Nailor - [illegible]
[illegible], application

[stamped: PENSION OFFICE. MAR 20 1861]
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Joshua Nailor
the orig. decl. of this man returned for correction
11 Dec 1820.
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Auditor's Office, Annapolis, Oct. 25th. 1820.
I hereby certify, that it appears from the muster-rolls remaining in the Auditor's Office, that Joshua Nailor enlisted as a Corporal in the 4th Maryland Regiment, on the 1st day of Augt 1777 and was discharged on the 20th. May 1780
Thos. Karney A. G. S. Md.
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41914
Revy INVALID.
File No. H.914
Joshua Nailor
Pri Rev War
Act 18th March 18th
Index:-Vol.3, Page 362
[Arrangement of 1870.]
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Pension Office, April 10, 1861
The third Auditor will please certify the date of
death of within named pensioner, and the name of the party or parties who received the arrears if they were paid & his death.
Very respectfully,
[illegible] Clk

3d. Auditors Office
April 11. 1861
Sir: 
Joshua Nailor, N. C.  cert 1818, at $8. per mo, appears to have been paid to March 4. 1835.
very Respy
R J Atkinson
Auditor

Geo. C. Whiting Esq
Commr of Pensions
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Pension Office, April 10, 1861
The third Auditor will please certify the date of
death of within named pensioner, and the name of the party or parties who received the arrears if they were paid & his death.
Very respectfully,
[illegible] Clk

3d. Auditors Office
April 11. 1861
Sir:
Joshua Nailor, N. C. cert 1818, at $8. per mo, appears to have been paid to March 4. 1835.
very Respy
R J Atkinson
Auditor
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The Hon the Secretary at War

W Edwards
Adm Hon J. D. E.
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H.R.30TH, JULY 1822
SIR,
ENCLOSED ARE JOSHUA NAILORS PAPERS
RESPECTFULLY
A. MCNEILL
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[stamped: PENSION OFFICE. Mar 20 1861]

John Hall
No 1st
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State of North Carolina
Stanly County
On this 6th day of January 1861, Personally appeared before me one of the acting Justices of the peace within & for the aforesaid County and State John Hall, aged 83, years a resident of the aforesaid State and County, who being first duly sworn, states as follows, that he was well acquainted with Joshua Nailer [Nailor] and with his wife also her name being before she intermarried with said Joshua Nailer Morning Scoggins, and they were married in the County of Montgomery State of North Carolina, it being so long sience deponent cannot recollect the day or date of the year when they were married but deponent recollects that the said parties lived togeather as Husband and wife from the time of their marriage untill they were seperated by death, and that Joshua Nailer died in Montgomery County State of North Carolina sometime in the year 1835, during which time of the said Joshua & Morning Nailer residing togeather, they Owned and acknowledged each other to be lawful husband and wife, and those persons who knew and were acquainted with them considered and believed them as such, and the legality thereof were never disputed, by those persons who knew and were acquainted with them. I have no interest in this claim.
Sworn to and subscribed on the day and year above written before.
Daniel Spence J. P.
John Hall, his mark
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State of North Carolina
Stanly County
I R. Harries Clerk of the Court of Pleas & Quarter sessions of said County & state do hereby certify that Daniel Spence who signature & seal appear to the within affidavit was at the time the affidavit was made & is now an acting Justice of the Peace of said County & state & his official acts are entitled to full credit
In testimony whereof I hereto set the seal of my office & my signature as Clerk aforesaid
January 12th,1861
R Harries Clk
[illegible] W J Montgomery [illegible]

John Hall
No 1st

[stamped: PENSION OFFICE MAR 20 1861]
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Eben Hearn [illegible]
No 4
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State of North Carolina
Stanly County.
On this 7th day of January 1861.
Personally appeared before me One of the acting Justices of the Peace within and for the aforesaid County County Eben Hearns a resident citizen of the State & County aforesaid aged 55 years, who after being duly Sworn as the law directs, doth on his oath make the following statements,
That he were High Sheriff of the County of Montgomery in the State of N. Carolina for many years, and some time in the Spring season of the year of 1842, the Court house of said Montgomery County in the State of North Carolina, at the Town of Lauroncville were Consumed by fire, and that this deponant were there and looked on when a part of the said Court House were burning, and deponent believes and it never have been contradicted, that all the Books and dockaments of every disscription were consumed with in the said Court House when it were burned and, not one thing saved that were contained within its walls.
Sworn to and subscribed before me the day and year first above written.
A C Freeman JP
Eben Hearns

State of North Carolina
Stanly County
I, Richard Harris, Clerk of the Court of Pleas & Quarter sessions of the County & State aforesaid do hereby certify that A. C. Freeman, whose signature & seal appear to the above affidavit, was at the time and is now an acting of
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Justice of the Peace of the County and State aforesaid, and his official acts are entitled to full credit. In testimony whereof I have hereunto set the seal of my office and my signature-
8th day January 1861. R. Harris, clk
[illegible] W J Montgomery [illegible]

[stamped: PENSION OFFICE MAR 20 1861]

Eben Hearns Shff
No 4
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[stamped: PENSION OFFICE MAR 20 1861]

John Raper
No 2
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State of North Carolina
Stanly County
On this 12th day of January 1861 personally appeared before me One of the acting Justices of the peace in and for Stanly County John Raper aged (89) years a resident Citizen of Montgomery County North Carolina, who being duly sworn according to law doth on his oath make the following Statement,
That he was intimately acquainted with Joshua Nailors [Nailor] and his wife now his widow for at least thirty years previous to Joshua Nailors death who was a resident of Montgomery County North Carolina, and died in Montgomey County North Carolina in the year 1835, whose widow is still living and continues to reside in the house wherein her said husband Joshua Nailors died, in the County of Montgomey State of North Carolina and this deponant further states, that he has often heared the aforesaid Morning Nailors widow of the said Joshua Nailors deced say, that she was determind, that she would not apply for nor receiv any of the pension that was or was allowed be coming to her for her husband said Joshua Nailors service in the Revolutionary War, and her reaso was if he could not live to enjoy it with her she would not have it, But recently it is reported that children of Revolutionary Soldiers could not or was not allowed any pension for their fathers Service and on such understanding the has now applyed for her Pension that is due to her for the services of her said husband Joshua
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Nailor Deced.
Hereunto and Subscribed before me this 12th day of January 1861
Daniel Spence JP
John Raper, his mark

State of North Carolina
Stanly County
I R. Harries Clerk of the Court of Pleas and Quarter sessions of the County & State aforesaid to hereby certify that Daniel Spence whose name & signature appear to the within affidavit, was at the time the affidavit was made & is now an acting Justice of the Peace of the County and State aforesaid and his official acts are entitled to full credit.
In testimony whereof I hereunto set the seal of my office and my signature
clerk aforesaid
January 12, 1861
R Harries Clk
[Illegible] W. J. Montgomery

[stamped: PENSION OFFICE MAR 20 1861]

John Raper
No 2
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SCHEDULE.
District of North Carolina SS.
Montgomery County SS
On this eighth day of January 1820 personally appeared, in open court, (a) being a court of record (b) for the said county, Joshua Nailor about 64 [crossed out: Years] years, resident in Montgomery in said county, who, being first duly sworn, according to law, doth, on his oath, declare that he served in the Revolutionary war as follows: (c) in the fourth Maryland Rigiment in the year 1775 & served nearly 2 years & enlisted in the 4th Maryland Regiment under Col. Hall in the year 1777 & served nearly three years & was discharged in May 1780 At Anapolis in Maryland.
And I do solemnly swear (or affirm, as the case may be,) that I was a resident citizen of the United States, on the 18th day of March, 1818; and that I have not, since that time, by gift, sale, or in any manner, disposed of my property, or any part thereof, with intent thereby so to diminish it as to bring myself within the provisions of an act of Congress, entitled "An act to provide for certain persons engaged in the land and naval service of the United States, in the Revolutionary war," passed on the 18th day of March, 1818; and that I have not, nor has any person in trust for me, any property or securities, contracts, or debts, due to me; nor have I any income other than what is contained in the schedule hereto annexed, and by me subscribed. (d)
That is to say one old Mare & one cow supposed to be worth forty Dollars & Eight young Hogs one Dollar each & I have a Wife aged near fifty years & five small children one colld Wade Hampton Aged 15 years, one colld Nancy aged twelve or thirteen, one colld Jamimah Aged 11 years & one Joshua aged nine years one colld Leonard aged five years. Sworn to & subscribed in open court before this 8 Day of January 1822.
Test Culpeper J. P.
Joshua Naylor, his mark

I, John B. Martin clerk of Montgomery County Court do hereby certify, that the foregoing oath (or affirmation) and the schedule thereto annexed, are truly copied from the record of the said court; and I do further certify, that it is the opinion of the said court that the total amount in value of the property exhibited in the aforesaid schedule is 48 dollars and [BLANK] cents. In testimony whereof, I have hereunto set my hand, and affixed the seal of the said court, on this 8th day of January 1820.  J B. Martin clk
& the Court certify that said Naylor made his first declaration on the fourth of July 1820
Clerk of the Court for the county of Montgomery
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(a) The whole of the form prescribed in the first section, to verify the amount of property of the applicant, the oath of the party, and the certificate of the clerk excepted, must be done while the court is in session,
(b) All are courts of record, within the contemplation of the act of Congress,
1st. Which are expressly made courts of record by the laws of the state which create them;
2d. Which have been solemnly adjudged, by the tribunals of the several states, to be courts of record;
3d. Which proceed according to the course of the common law, with a jurisdiction unlimited in point of amount, keeping a record of their proceedings.
4th. Which have the power of fine and imprisonment;
And courts which proceed according to the course of the civil and canon law, having neither of those attributes, are not courts of record, although they may keep a registry of their proceedings, and possess a seal. The court should, in every instance, state, on the face of the proceedings, that it is a court of record, and state why it is such. - (Opinion of the Attorney General of the United States
(c) Here set forth the regiment, company, and line, or ship, corps, or vessel, and the date of the original declaration; and, if he has received a pension, the number of the pension certificate should be inserted.
(d) Here enumerate each article of real and personal estate, necessary clothing and bedding excepted, and subscribe the same. The declarant must also mention his occupation, his ability to pursue it, the number and names of his family residing with him, their ages, and their capacity to contribute to their support, in order that the department may be enabled to decide whether the applicant is in such indigent circumstances as to be entitled to the pension. It is the opinion of the Attorney General, that the words of the third section of the act of the 1st of May, 1820, ""in such indigent circumstances as to be unable to support himself without the assistance of his country," comprehend those only who are incapable of supporting themselves without the aid of the government, except by private or public charity.
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THE NATIONAL ARCHIVES Form VAM-51, 12-5-41
Division of Veterans' Administration Archives
BOUNTY LAND WARRANT RECORD CARD*
NAME Nails, John GRADE Private LINE Connecticut
WARRANT NUMBER 6247 ACREAGE 100 ISSUED Dec. 12, 1789 to Theodosius Fowler, assignee

*The information concerning the issuance of warrants carded on this form is found in volumes 2 to 4 of "Land Warrants Issued Prior to 1800" which are registers of bounty land warrants issued to non-commissioned officers and privates under congressional resolutions of September 16, 1776, and subsequent dates. Other records relative to the applications for warrants appear to have been destroyed in the War Department fire of November 9, 1800. Information concerning warrants surrendered to the Federal Government is to be found in the National Archives.