Revolutionary War Pension and Bounty Land Warrant Application File S. 11,029, for Andrew Martin, North Carolina
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(3-1776)

SERVICE

NUMBER

N.C.

Martin, Andrew

S. 11,029

CONTENTS
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Alabama. 19.938.

Andrew Martin

of Madison Co in the State of Alabama,

who was a Private in the Compy commanded

by Captain Nash of the Regt commanded

by Col. Lamb on the North Car.

line for 11 mo.

Inscribed on the Roll of Alabama

at the rate of 36 Dollars 66 Cents per annum,

to commence on the 4th day of March, 1831.

Certificate of Pension issued the 26 day of Sept

1833 and sent to Hon.

C.C. Clay. Huntsville, Ala

Arrears to the 4th of Sept. 1833. – 91.65.

Semi-anl. allowance ending 4 Mar. 4. 18.33.

$9.98

{Revolutionary Claim,}

{Act June 7, 1832.}

Recorded by Wm R. Palmer Clerk,

Book [illegible] Vol. 8 Page 48
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SS

State of Alabama}

Madison County}

On this 29th day of October 1832 personally appeared in open court before W.J. [illegible] of the circuit court of said county, now sitting Andrew Martin a resident of said county & State, of about eighty five years of age who being first duly sworn according to law, doth on his oath make the follow-ing declaration, in order to obtain the benefit of the act of Congress, passed June the Seventh 1832, That he entered the service of the United States under the following named officers & service as herein stated, that in the month of June 1776 as near he can recollect he enlisted in the ser-vice of the United States in the county of Guil-ford in the State of North Carolina, where he then resided, that he enlisted under a recruiting officer by the name of Campbell, his grade he does not positing recollect but believes he was a Lieutenant, that immediately after his enlistment he was marched down to Cross Creek where he remained about a day, when with fifty or sixty other soldiers he was taken down [illegible] river as well as he recollects to Willmington, where he was placed under the command or attached to a company, command-ed by Capt. John Babtist Nash, he states he has no recollection of any of his company
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officers except his Captain as above stated, - he states he belonged to the sixth regiment of the regulars of North Carolina, that he has no recollection of any of his field officers except General Moore & Major Lamb; whilst at Willmington he states they were engaged, guarding the town, scouting around through the county, he states that he enlisted for the term of six months & served that length of time, that he was discharged in the latter part of Decr. 1776, that on his way home he was attacked by Tories, robbed of his money & every thing he had except what he had on. The applicant further states that about two years before he enlisted he was drafted from the County of Guilford where he then resided, that of this his memory is very indistinct, he recollects marching to Cross Creek & at Campbell Town about a mile below his company commanded by Capt. Robt. Mabin, took charge of the prisoners & carried them at Hillsborough, where they left them & returned home, that after this he was again drafted; at the time he was drafted he was sick & unable to march, that he remained at home until he was able to march which was about four months, he was then placed un-der the command of Capt. Thomas Cook,
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& taken by him into South Carolina, near a little town called [illegible] when his term of service which was five months [illegible] he returned home, at this time of service he was with & knew Col. Dobbins & Col. Lock, he states that he has no documentary evidence of any of his services, that he had a discharge for his regular service, but that it was in his knapsack when he was robbed by the Tories & was taken by them. He hereby re-linquishes every claim whatever to a pension or annuity except the present, and declares that his name is not on the pension roll of the agency of the state; He states that he has no living witness by whom he can prove this statement to his knowledge, but is compelled to rely upon his own memo-ry which is greatly impaired by age & infir-mity.

Sworn & subscribed to the day & year of [illegible] & in open Court.

his

Andrew x Martin

mark

Lest Lund Clerk C.C.

State of Alabama}

Madison County}

We, John H. Taylor and Robert Lanford, residing in the said county & state, do hereby certify that we are well acquainted with the said Andrew
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Martin who has subscribed & sworn to the fore-going declaration, that we believe him to be eighty five years of age, that he is reputed & believed in the neighbourhood where he resides to have been a soldier of the revolution & we concur in that opinion – the said John H. Taylor states he has known the said Andrew Martin between forty five & fifty years, that he resided in North Carolina in about one mile & a half from the [illegible] of said Martin, that he was there ever since he knew the said Andrew, always reputed to have been a Soldier of the revolution, the said Ro-bert Lanford states that he has known the [illegible] Andrew about fifteen or twenty years & that ever since his acquaintance with him he has been reputed to have been a re-volutionary soldier, both the affiants state that the said Andrew is a man of undoubted veracity.

Sworn & subscribed to the day & year aforesaid and in open court.

Lest Shead clerk C.C.

John H. Taylor

Robert Lanford
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Commissioner of Pensions.

19.938

Andrew Martin

Alabama

Adm. 11. Months

$36.66

73,32

18.33

91.65

Hon. C. C. Clay

Huntsville

Alabama
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WAR DEPARTMENT,

Pension Office,

22 July 1833

Sir:

The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in a tabular form. On comparing these papers with the following rules, and the subjoined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will show what is necessary to be done. Those points to which your attentions is more particularly directed, you will find marked in the margin with a brace, (thus: }). You will, when you return your papers to this Department, send this printed letter with them, and you will, by compling with this request, greatly facilitate the investigation of your claim.

A Statement, showing the Service of Andrew Martin

Period when the service was rendered

Duration of the claimant’s service.	Years.	Months.	Days.

Rank of the claimant.

Names and rank of the Field of-ficers under whom he served.

Age at present, and place of abode when he entered the service.

Proof by which the declaration is supported.
1776

6

Pr.

Cap. Nash

Maj. Lamb

Gen. Moore

85 years

Guilford Co

No. Ca.

Traditionary

Before the above law Served

5

Pr.

Cap. Mabin

I am, respectfully,

Your obedient servant,

J.L. Edwards,

Commissioner of Pensions.
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2

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, Boatman, &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 the Department, all the persons claim-ing 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 where such applicant resides. And every Court 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	day of	personally appeared (a) before 	A B. a resident (b) of	is the county of	and State, Territory or District of	aged (c)	years, who being first duly sworn, according to law, doth on his oath make the following declaration, in order to obtain the benefit of the provision made by the act of Congress, passed June 7th, 1832. That he enlisted in the Army of the United States in the year (d)	, with	and served in the	(e) regiment of the	line, under the following named officers:

[Here set forth the names and rank of the Field and Company Officers; the time he left the service; (and if he serv-ed under more than one term of enlistment, he must specify the particular period, and rank and names of his officers;) the town or county and State in which he resided when he entered the service; the battles, if any, in which he was engaged, and the country through which he marched. [illegible] This form is to be varied so as to apply to the cases of officers and per-sons who belonged to the militia, volunteers, navy, &c.]

He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of

Sworn to and subscribed the day and year aforesaid.

A.B.

[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 revolu-tionary soldier, and served as he states.

I	of the Court of		do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of	for a pension.

In testimony whereof, I have hereunto set my hand and seal of office (i) this	day of	&c.

If, on examination of the proper record, the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule give in note (j) points out.

Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz:

(k) We, A.B., a Clergyman, residing in the	and C.D. residing in (the same) hereby certify, that we are well acquainted with	, who has subscribed and sworn to the above declaration; that we believe him to be	years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, that we concur in the that opinion.

Sworn and subscribed the days 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 Revo-lutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that A.B. who has signed the preceding certificate is a clergyman, resident in the	and that C.D., who has also signed the dame is a resident in the	and is a credible person, and that their statement is entitled to credit.

I,	Clerk of the Court of	do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of	for a pension.

In testimony whereof, I have hereunto set my hand and seal of office, this	day of	&c.

Every applicant will produce the best proof in his power. This is the original discharge of commis-sion; 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 ser-vices of the applicant, and such circumstances connected therewith, as may have tendency to throw light upon the transaction.

If such surviving witness cannot be found, the applicant will so state in his declaration,(l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his
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3

alleged service, as they are known to the Department. A very full account of the services of each person will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be at-tempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be ex-pected. 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 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 giv-en, 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 tes-tify as to your character for veracity, and their belief of your services as a soldier of the Revolution.

The Court will see that the answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant.

The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons-one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion. If one of these persons is a Clergyman, the Court will so certify, and they will also certify to the character and standing of other persons giving such certificates.

The traditionary evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party. And the Courts are requested to be very particular in the inquiry whether the belief is general, and whether any doubts have ever existed upon the subject.

Applicants unable to appear in Court, by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court.

Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the Peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature.

No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can pro-cure, 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 fol-low the rule laid down for his guidance.

[b] The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not conforming to the rule.

[c] The age of the claimant must invariably be mentioned.

[d] The declarant must mention the period or periods of the war where he served.

[e] Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had. Every claimant must state, with precision, the length of his service, and the different grades in which he served, in language so definite as to enable the Department to determine to what amount of pension he is entitled. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:

“Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service; but according to the best of his recollection, he served out less than the periods mentioned below, and in the following grades:-For	year	months, and	days, I served as a	. For	months and	days, I served as a	; and for such service I claim a pension.”

It is important, in all cases, to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase 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 au-thority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.

[f] The law makes the relinquishment indispensable.

[g] The opinion of the Court is always required.

[h] The Clerk must give his certificate in every case.

[i] The Clerk must affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he has no pub-lic seal of office, the certificate of a Member of Congress, proving the official character and signature of the certifying officer, should accompany the papers.

Mode of authenticating papers.

In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which con-tains 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 services 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 wit-nesses, 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.
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1914 Feby 27 Hist to Mrs.

Wallace [illegible]. Letter

In L.F. 32.395 Wm. Martin

11.029

Rev War

INVALID.

File No. 11.029

Andrew Martin

Priv. Rev. war

Act: June 7th 1832.

Index:-Vol. A, Page 238

[Arrangement of 1870.]
Page 12

Andrew Martin

Statement
Page 13

State of Alabama}

Madison County}

I, John H. Thompson, a cler-gyman residing in the county & State aforesaid do hereby certify that I am well acquainted with the said Andrew Martin who has subscribed & sworn to the above dec-laration, that I believe him to be Eighty five years of age, that he is reputed & believed in his neighborhood where he resides to have been a soldier of the revolution, & I concur  in that opinion.

Sworn & subscribed to the day & year aforesaid & in open court.

Fest [illegible] Clerk c.c.

John H. Thompson

State of Alabama}

Madison County}

And the said Court, do hereby declare Its opinion, after the investigation of the matter, and after putting the interrogatories, pre-scribed by the War department that the above mentioned applicant was a Revolutionary soldier and served as he states, and the court further certifies, that it appears to him, that John H. Thompson who has signed the preceding certificate, is a clergyman resident in the county of Madison and State of Alabama, and that John H. Taylor and Robert Lanford, who have signed the preceding certificate, are residents, in the said county of Madison and State of Alabama, and are credible persons, and that their Statements are entitled to credit.

W.J. Adair
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State of Alabama}

Madison County}

I, Samuel Mead clerk of the circuit Court of said County, do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of Andrew Martin for a pension.

In testimony whereof I have hereunto set my hand & seal of Office this 29th October 1832.

S. Mead
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State of North Carolina

Secretary of State’s Office

I William Hill Secretary of State in and for the State aforesaid, do certify that the name of Andrew Mar-tin is not to be found on the musterrolls of the Continental line of this State in the revolution-ary war or on the book settlements of the revo-lutionary Army accounts.

Given under my hand this 27th July 1833.

W. Hill
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REVOLUTIONARY WAR RECORDS SECTION.

3-525

DEPARTMENT OF THE INTERIOR,

S.F. 11029

BUREAU OF PENSIONS.

Washington, D.C.,	,	19	

In reply to your request of	, received	for a statement of the military history of Andrew Martin a soldier of the REVOLUTIONARY WAR, you will find below the desired information as contained in his (or his widow’s) application for pen-sion on file in this Bureau.

DATES OF ENLISTMENT OR APPOINTMENT.

LENGTH OF SERVICE.

RANK.

OFFICERS UNDER WHOM SERVICE WAS RENDERED.

CAPTAIN.

COLONEL.

STATE.

✓

✓

June 1776

✓

5 mos

6 mos

Pvt

Robt Martin

Thomas Cook

John Baptist Nash

Major Lamb

N.C.

C.N.C.

Battles engaged in,	

Residence of soldier at enlistment, Guilford Co. N.C.

Date of application for pension, Oct. 29, 1832 [illegible]

Residence at date of application, Madison Co. Ala.

Age at date of application, 85 years

Remarks: No date as to family

Respectfully,

6-2856

Commissioner.