Revolutionary War Pension and Bounty Land Warrant Application File S. 41468, Edward Earp, N C
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SERVICE NC
NUMBER S. 41468

Earp, Edward
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18.952

North Carolina
Edward Earp of Johnston Cy in the State of N Carolina who was a private in the Company commanded by Captain Salter of the Regiment commanded by Colonel Buncomb in the N, Carolina line, for the term of three years
Inscribed on the Roll of North Carolina at the rate of 8 dollars per month, to commence on the 1 of March 1823
Certificate of Pension issued 10 of May 1823 and sent to Richard Smith Raleigh N. Carolina

Arrears to 4th of March 1823    1  3
Semi ani. all'ce ending Sep 1823 46
$49. 30
{Revolutionary claim, Acts March 18, 1818 and May 1, 1820}
March 1 1823
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Certificate &
Shedule of Edw. Earp
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State of North Carolina Johnston County [illegible] day of February 1823  [illegible] appeared in open court being a Court of Record for the County & State aforesaid Edward Earp aged about 78 years and resident in said County & State [illegible] years past, who being first duly sworn according to law doth on his oath declare that he served in the Revolutionary War as [illegible] that he first enlisted under Capt. William Ward [illegible] in this state for an eighteen months tour of service and served for his said tour of service faithfully. that after his [illegible] he was [illegible]  in the State of N. Carolina [illegible] Gen. Buncomb commanded he believes it was the 4th Regiment after which point of service he again enlisted under Capt. [illegible] Toller for 12 months and spend his time out in the [illegible] states that he again enlisted under Capt. [illegible] Bledsoe and [illegible] That he always served out the [illegible] enlistment faithfully      
And [illegible] of the 1st February 1823, I do solemnly swear that I was  [illegible] citizen of the United States on the 18th day [illegible] and that I am 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 or naval service of the United States [unreadable] on this 18th day February 1823 and any person in trust for me [illegible]     
by me subscribed [illegible] to wit of [illegible] estate  
Viz 1 Pewter tureen 1 do dish $ 3 pewter plates   $1.50     
3 case knives $ 5 [illegible] $1 Bucks knife old  .40
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1 washing tub  and 2 [illegible]  6   65
1 [illegible]  4                                      1   31
2 old [illegible]  2/6                          1   20
4 old chair fraims                                     1   20
1 dresser table                                                10
1 bed and furniture                                  10 00    (this is a excepted)   
1 Iron pot 2 01  
E 1 ball pot  3    1 spider   1 5"00 
$20.00 
Bed and furniture deducted    $10 
$ 10.00  
Edward X Earp his mark  
Sworn to in open court [illegible]  no other property of any kind [illegible]  is unable to maintaining [illegible] himself [illegible] support [illegible]  years of age. That his family is composed of his wife who is not able [illegible] years of age [illegible] for his support that [illegible] Country [illegible] unable to support himself and his family [illegible]  if it were not for the [illegible] of his neighbor who sometimes assists him sworn & subscribed in open court it being a court of record 
Edward X Earp his mark      
State North Carolina Johnston County I Ram Sanders clerk of the court of the county aforesaid [illegible]  that the aforesaid schedule of the property truly copied from the records of the said court; and I further certify that it is the opinion of the said court that the total amount
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[illegible] in the aforesaid schedule [illegible] In testimony whereof I have hereunto set my hand and affixed the seal of the said Court on this 8th day of March AD 1823
R Sanders clk
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41468

INVALID

Revy

File no. 410468

Edward Earp

Pri Rev War

Act. 18 March 18
Index-Vol 3 Page 73
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James Edins
affidavit (illegible)
Edward Earp
Serving as a
Soldier in the revolutionary 
between Great Britain &
the United States
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State of North Carolina January 23 day 1822
Wake County
The day above written personally appeared before me (Thomas Price one of the Justices of the peace for this said County) James Edins and after being duly sworn upon the Holy Evangelist of Almighty God deposeth and sayeth follows- That he was & is yet well acquainted with Edward Earp resident of Johnston County in the revolutionary war between Great Britain & the United States of America. And that the said Edward Earp was one of the Continental Soldiers for nearly during the whole of the said war- This deponent further sayeth that the said Earp, has been a very hard labouring man ever since he has been home out of the war and has he believes but little personal property no real estate and is so old and infirm that his manual labour is not sufficient for the support of his family & himself.
[illegible] this deponent further sayeth not.
Sworn to & subscribed the day above written
James Edins his mark
Witness
T. Price J of P
I certify that James Edins resident of Wake County is a man of integrity and due faith and credit is paid to his testimonial acts.
T. Price J of P
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State of North Carolina
Wake County
I Benjamin King clerk of Wake County Court do hereby certify that T. Price Esquire before whom [illegible] affidavit was made was an acting Justice of the peace in and of the county of Wake at the time of his signing the same and that due faith and credit is and ought to be given to his official acts as such.  I have hereto set my hand & the seal of office at Raleigh this 1st day of March A.D. 1822
Benj King clk
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State of North Carolina
Wake County
I Benjamin S. King clerk of Wake County Court do hereby certify that Thomas Price Esquire before whom within affidavit was made was an acting Justice of the peace of said county at the time of signing the same and that due faith and credit should be given to his official acts as such.  I have hereto set my hand & the seal of office at Raleigh this 1st day of March A.D. 1822
B. S. King clk
Elmur Hendley affidavit respecting
Edward Earp serving as a soldier in revolutionary war between Great Britain & United States of America
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State of North Carolina
Wake County
This day personally came before me (Thomas Price one of the acting Justice of the peace for the said county) Elmur Hendley (resident of the County aforesaid) and after being duly sworn on the Holy evangelical of all mighty God deposeth + say that he is well acquainted with Edward Earp (residents of Johnston County) from the year of (1763) one thousand seven hundred + sixty three, and that the said Earp was a soldier enlisted in the Continental line and served as a Continental Soldier for nearly the whole of the revolution was between Great Britain + the United States of America this deponent further sayeth that he believes that the said Earp was fully discharged his duty as a soldier and is at this time the said Reverend Earp far advanced in years as in much that the said Earp has very little personal property + no real estate has living with him his wife + one child and that his (illegible) labor is not sufficient for the support of his family being unable to work but better by his age and infirmities
Thus this deponent further sayeth not sworn to + subscribed before the 21st day of January 1822
Elmur Hendley
T Price JP
I certify that Elmur Hendley is a man of integrity and order forth and credit is paid to his evidence
T Price JP
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Office of Secretary of State of N. Carolina
16th Dec 1822
I hereby certify that the name of Edward Earp is not to be found on the muster rolls of the N. Carolina Continental line in and for this State in the revolutionary war but a warrant has been issued to him on the Certificate of an Officer for three years services which is considered evidence that he did serve
Given
William Hill Secry
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18,663
Edward Earp
Richard Smith 
Raleigh, NC
Recd. 21 Mar 1823

(stamped) FREE
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Raleigh 18th March 1823
Dear sir
M. Crudup our representative from this district did enclose to me the papers in the case of the written names Edward Earp with a request that I would have them to him . -
if you will now find he has made out the Schedule and I herewith enclose it with the forms sent. + proof of service has been obtained and the schedule he refers you will find in form, Hope it will entitle him to a certificate
Very respectfully yours
Richard Smith
PS  Any communication further he wishes to be enclosed to me for him
RS.
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18.663
Edward Earp
Declaration on it is supposed the original; with a Schedule is in the office on file, in the name of Harp or Earp in the office at Washington City
Dec. 11 1822
Hon J. Crudup
House of Reps
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ORIGINAL CLAIM.      
District of North Carolina ss      
On this twenty eighth day of January 1822 personally appeared before me Henry Potter district judge of the United States for the district aforesaid Edward Earp aged seventy eight years, who being first duly sworn, according to law, doth, in his oath, make the following declaration, in order to obtain the provision made by the acts of Congress, of the 18th March, 1818, and the 1st of May, 1820, that he the said Edward Earp enlisted for the term of 18 months first and 18 months a second tour in the years 1777, 8 & 9, , in the State of North Carolina, in the companies commanded by captains Wm. Hard + John Hill in the regiment commanded by colonels Paxton & Gayle in the line of the state of North Carolina on the ________ continental establishment; that he continued to serve in the said corps until the month of April 1780 when he was discharged from the said service, in Hillsborough in the state of North Carolina on Orange County. That his said discharge is lost. That he was in the Battle At Stone under Genl Gates. Also in another at Charleston & south [unreadable] and   At [unreadable] Hill, and in several other were skirmishes with the enemy. That he was in the battles of the above names and that he has no other evidence, now in his power, of his said services, except the evidence here offered.     
And, in pursuance of the act of the 1st May, 1820, I do solemnly swear or confirm, (as the case may be) that I was a resident citizen of the United Sates 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) Sworn to, and declared on the 28th day of Jany 1822 before H. Potter D. Justice.         
I, ______clerk of _________ do hereby certify, that the foregoing oath (or affirmation) and the schedule thereto annexed, are truly copied from the records 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 _____dollars and _______cents. In testimony whereof, I have hereunto set my hand, and affixed the seal of the said court on this _ day of ________ 182__ Clerk of the court of the _______ of _______        
This same Edward Earp made his declaration for a pension under the acts of Congress afores’d before me, more than twelve months ago the time I cannot recollect or ascertain precisely. His declaration & evidence enclosed & forwarded by mail to the Secty of War at Washington City 28 May 1822 H Potter D. Justice
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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 if the clerk excepted, must be done while the court is in session.
(b)	(b) All are court records, 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, 2nd Which have been solemnly 
(c)	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
(d)	4th Which have power of fine and imprisonment
(e)	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 posses 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- 
(f)	If the declarant shall have served under more engagements than one, he should set forth the company, regiment, and line, or ship, vessel, or corps, in which he may have served, as also the time of entering, and the time and manner of leaving each service.
(g)	Here enumerate each article of real and personal estate, necessary clothing and bedding expected and subscribed 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 ne enable 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 3d 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.