Revolutionary War Pension and Bounty Land Warrant Application File W. 509, Howell Whitmore, N.C.
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Service: NC Whitemore, Howell Number: N.509
                                or Howel B.L.Nt. 3662-160-55
                                Nancy

Contents
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Georgia 23446-

Howell Whitmore of
Hall in the State of Geo
who was a Pvt (?)
in the command
by Captain of the Regh commanded
by Col, Tucker in the
line for some time: 10 days
Inscribed on the Roll of Georgia
at the rate of 34 Dollars 33 Cents per annum,
to commence on the 4th day of March, 1831.
Certificate of Pension issued the 24 day of Jan 34
and sent Jas Son
Gainesville, Ga
Arrears to the 4th of Sep 1834 85.82
Semi-ant. allowance ending 4 Mar 34 17. 17 ┃
Recorded by Nath
Book E Vol. 6 Page 106
102.99
⎨ Revolutionary Claim,
of June 7, 1832.
Clerk,
85.82
St. J.J. Gudger
Oct. 13.
168
68.66
1716
8532
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State of Georgia }
Hall County }
On this the Xixth day of May
eighteen hundred and thirty three personally
appeared in Open Court before John Bates
Wiley E Wood Joseph Dunagan & John M McAfee now sitting as a Court of Ordinary Howel [Howell] Whitmore a resident of Hall County & State of Georgia aged Sixty eight years the 25th day of December 1832
who being first duly Sworn according to law
doth on his oath make the following declaration in order to obtain the benefit of the act of Congress passed the 7th day of June 1832
That he entered the Service of the
United States under the following named
Officer, and Served as herein Stated
I entered the Service as a private Soldier
Some time in the month of August in the year
Seventeen hundred and eighty by volunteering
under the command of Capt. William Watson
Majr Peyton Skipper & Col. Tucker was marched to Taylor's Ferry on the Roan Oak [Roanoke] River in the State of North Carolina where I joined Col. Butlers Regiment and was marched from there to Guilford Court house North Carolina and jointed the army commanded by Genl. Green and was in the engagement fought at that place. Saw at that place Genls. Lawson & Stephens Cols. Mumpford [Munford?] Washington & Lee the two latter having the command of the Cavalry. I marched from thence to Ramsey Mill in Chatham County North Carolina The Company to which I belonged being then disbanded I returned to Virginia Greenville [Greensville] County the place where I lived when I entered the Service having Served Seven
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Months i remained at home few days when I was called out again by my Captain joined Colo Tuckes Regiment and manted to Surrey Court house in the State of Virginia remaining there a few days and then marched from there to Jamestown where I remained four or five weeks and then discharged by my Captain which discharge is lost or destroyed.  Having served in the year 1780 four months and in the year 1781 I served not less than nine months.  I have no documenting evidence.  I know of no person whose testimony i can procure who can testify as to my service.  I hereby relinquish my claim whatever to a pension or annuity except the present and declare that my name is not in the pension roll of the agency of any state.
I was born in the state of Virginia in Brunswick County on the 25th day of December 1765. I have no record of my age but have seen one in the possession of my mother before her death. 
I was living in Greenville County State of Virginia  when called into service.
I have lived the State of Virginia North Carolina and South Carolina since the Revolution until about five years ago when I moved to Hall County State of Georgia where I now live.
I volunteered into the service Colo Washington and Lee were with the troops where I served in North Carolina. 
I received a discharge from Captain Watson which is lost or destroyed.  
I am known to Thomas Jackson Esqr, Nathan Newton,  Thomas Hamer, George Wells and James Whitter, Joseph Dunagan sworn to and subscribe the day of year aforesaid. 
Howel Whitmore.
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And the Said Court do hereby declare their opinion that the above named applicant was a revolutionary Soldier and served as he States

We James Whitten a clergyman residing in the
County of Hall & State of Georgia and George Wells residing in the sSame place. Hereby certify that We are Well acquainted with Howell Whitmore who has Subscribed
and Sworn to the above declaration, that we believe him to be Sixty eight years of age; that he is reputed and believed in the neighbourhood where he resides to
have been a Soldier of the revolution, and that we concur in that opinion
Sworn to and Subscribed the day and year aforesaid
Joseph Dunagan J.J.C
James Whitten
Georg Wells
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 James Whitten who has Signed the preceding certificate is a clergyman resident in the County of Hall and that George Wells who has also Signed the same is a resident in
County & State aforesaid and is a credible person and that their statement is entitled to credit.
Joseph Dunagan J.J.C
John Bates J.J.C.
M. M. McAfee J.J.C
Wiley E Wood J.J.C
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I George Hawpe Clerk of the Court of Ordinary of Hall County in the State of Georgia do hereby
certify the foregoing contains the original
proceedings of the said Court in the matter of the Said Court in the matter of the application of Howel [Howell] Whittemore [Whitmore] for a
pension. in testimony whereof I have hereunto
my hand and Seal of office this [ ?26th] day of May 1833
Geo. Hawpe  C.C.O.

State of Georgia }
Hall County } 
I John B Nicholas clerk of the Inferior Court of Said County do hereby certify that Joseph Dunagan before whom the written affadavits [affidavits] were made is an acting Justice of the Inferior Court in & for Said County and that the Several Signatures thereto annexed are his genuine Signatures
Given under my hand and Seal
of office this 20th May 1833
John B Nichols Clk

27707
Howell Whitmore

Jas. Law
[? Gainesville]
Page 7

Georgia }
Hall County }
Personally appeared before me Mr Howell
Whitmore who being duly Sworn Saith
that by reason of old age and the consequent loss of memory he cannot Swear positively as to the precise length of his Services but according to the best of his recollection he Served not less than the period mentioned below and in the following grades
I entered the Service as a private militiaman
Some time in month of August in the year Seventeen hundred and eighty by volunteering for a three months tour under the command of Capt William Watson and [illegible] to Majr. Peyton Skippers Batalion [Battalion] and
Col. Tuckers Regiment and marched to
Taylors Ferry on the Roanoke River in the State of North Carolina where we joined an other
Regiment under the command of Col. Butler and marched from thence to Guilford Court house and joined the army under Genl. Green. I was in the engagement at that place, after the
engagement I was marched to Ramseys Mill
in Chatham County North Carolina at which
place the army was disbanded and I returned
home having been out Seven months; only
the months of which time I claim a pension for
being informed, that no pay is allowed for anything but actual Service and the other four months' being spent in Scouting & reconnetreing [reconnoitering] the County and for which I supposed when my original declaration was made I would be paid
In a short time after geting [getting] home I was
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again called out by Capt Gutridge (Capt Watson being Sick) and joined the Regiment under Col.  Tucker as a private militiaman and
remarched to Surry Court house State of Virginia
remained there about four weeks. Was then
marched to James Town where I remained
five Weeks and was discharged by my Capt.
& returned home having served ten weeks

In about ten days after getting home
Capt. Watson was ordered to march to
Hicksford I volunteered as a private Soldier
and joined head quarters at Hicksford &
marked from there South key in Northampton
County in the State of Virginia and from there
to Suffolk on Nansemond River. and from
thence to the long Bluff where I was discharged having Served three months in the Regiment under Col. Tucker
Shortly after getting home I volunteered again
under Capt Watson as a private militiaman
& rendezvoused at Hicksford from thence I was marched to a place called the Pine Spur of
the Blue Ridge in Virginia and from thence
to Petersburg. and from thence to merits old
Fields on James River and from thence to Swans Point old James Town at which I was discharged
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together with the balance of the army at that place. this was done by order of Genl Washington about two or three days previous to the Surrender, of  Corn Wallis having Served two months.
I hereby relinquish all claim to a pension
for all my services in the Revolutionary War, except, the foregoing ten months & half for which I claim a pension the other part of my Service being in said being in [illegible] NC.
Sworn to and Subscribed before me this
2nd day of December 1833
E. M. Johnson J.P
Howell hx mark Whitmore

State of Georgia }
Hall County }
I John B Nichols Clerk of the
Inferior Court of Said County
hereby certify that Ephraim M Johnson before whom the foregoing affadavit [affidavit] was made is an acting Justice of the peace in and for said County and that the Signature annexed is his genuine Signature
Given under my hand & Seal of office
at Gainsville this 3rd day of December 1833
John B Nichols Clk
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Georgia
Nancy Whitmore
widow of Howell
Whitmore
who served in the Revolutionary
N.C.
war, as a private

Inscribed on the Roll at the rate of
34 Dollars 33
Cents per annum, to commence on
the 3rd February 1853
Certificate of Pension issued the
20th day of Sept 1 53
and sent to
Jno: T. Neely
Present

Recorded on Roll of Pensioners under
Page 15C Vol. A
Febry 3rd 153
1832
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State of Georgia } on this Nineteenth day of
Cherokee County ] May in the year of our Lord
Eighteen hundred and fifty three personally appeared before the Inferior Court of the County and State aforesaid Nancy Whitmore a resident of the State of Georgia in the County of Cherokee aged Seventy three years who being duly sworn according to law doth on her oath make the following Declaration in order to obtain the benefit of the provisions made by the Act of Congress passed the third day of February A.D. Eighteen hundred and fifty three that she is the widow of Howel [Howell] Whitmore who was a Revolutionary
Pensioner of the United States and was paid
by the United States as such at and after
the rate of thirty four dollars & 33 cents for each year.
that he resided in the County of Hall in said
State when his said Pension certificate was issued to him and that his Pension was paid to him at the Pension Agency in Savannah State of Georgia
She further declares that she was married
to the said Howel [Howell] Whitmore on the twenty fourth day of March A.D. Eighteen hundred and one in Orange County in the State of North Carolina by one James Carson
a Justice of the Peace that her husband
the aforesaid Howel [Howell] Whitmore died on the Second day of January A.D. Eighteen hundred and forty Seven that she was married to him at the time above stated She further
Swears that she was a widow at the passage
of the act and is still a widow and
that she has never before made application for a Pension and that there is no record proof of any description
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within her knowledge or belief of her said
Marriage except the Marriage Bond of
her said husband a certified copy of which
is herewith Submitted and that there never
was any family record kept of Marriages
and deaths by her said husband or herself
or any other person,
Nancy her X mark Whitmore
Mark
Sworn to and Subscribed on the day and
year above written before us in open
Court setting as the Inferior Court in and
for said County being a Court of Record
M. A. Keith JJC
James H. Hardin J.J.C
James A. Maddox JJC

State of Georgia }
Cherokee County } I hereby certify that M. A. Keith James H Hardin & James A. Maddox are
Justices of the Inferior Court in & for the County and State aforesaid before whome [whom] the foregoing Declaration was made and who have thereto Severally subscribed their names as such & that they were Justices as aforesaid at the time of so doing in & for the County & State aforesaid duly commissioned & Sworn
that their Signatures above written are
genuine and in due form of law that the
same was done in open Court & That
Said Court is a Court of Record
In testimony whereof I have hereunto
Set my hand and affixed the Seal
of my office as Clerk of the
Inferior Court of said County
this May 19th 1853
James M. Daniel Clerk
Page 13

State of North Carolina
We the undersigned do hereby acknowledge
ourselves indebted to Benjamin Williams Esqr. Governor [illegible] in the Sum of Five hundred pounds, But to be void on condition there is no lawful cause to obstruct a marriage between Howel [Howell] Whitmore
and Nancy Smith for whom a License now
issues.
Witness our hands & seals this 24th
March 1801 - [Eighteen hundred & one]
Test
Howel [Howell] Whitmore   Seal [encircled]
Jno. Taylor
Robt Ray    Seal [encircled]"

North Carolina }
Orange County }  S.S.
I, Joseph Allison, Clerk of the Court
of Pleas & Quarter Sessions, in & for the County & State aforesaid, do hereby certify, that the foregoing is a true & correct copy of the Marriage Bond
of Howel [Howell] Whitmore to Nancy Smith, (except the words,"Eighteen hundred & one" which an added for more Certainty), and that the marriage bond is the only Recorded evidence of marriages, in this State, previous to the year 1851.
In testimony whereof, I have hereunto
set my hand, & affixed the zdeal of
said Court, at office in the Town of
Hillsborough - the 26th day of
April AD 1853
J. Allison C.C.C
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State of Georgia ⎬ On this Twenty first day of June
Cherokee County ⎬ A.D. Eighteen hundred and fifty three
personally appeared before me Burges Pinson
and John H. Wood who are respectable and
creditable witnesses who being sworn according to
law declares that Nancy Whitmore who is a resident
of Cherokee County in said State and who has made
her application for a Pension under the law of
Congress of February 3rd 1853 is the widow of
Howell Whitmore deceased who was a Revolutionary
Pensioner at the time of his death and that the
said Howell Whitmore died on the Second day
of January A.D. Eighteen hundred and forty seven
and that the said Nancy Whitmore is now his
Widow and has remained his widow ever
since his death aforesaid, Deponent personally
know that the said deceased and the said
Nancy Whitmore lived together for may years
before the death of said Whitmore as man and
wife and that they were always while they
lived together as man and wife taken and
considered and reputed by all persons who
knew them as man & wife and that they
were man and wife and held to be such
this they personally know from their long
acquaintance with them for may years before
the death of said Howel Whitmore
Deponents further depose and swear that
they nor neither of them are intrusted directly
or indirectly in this claim aforesaid
Burges Paisonmark

John H. Wood
Sworn to & subscribed before me on the day
and year first above written
Jas. L. T. Harbin J.S.
Page 15

John H. Wood
of Mrs Nancy Whitmore
as
no die
Revo Pension Claim
State of Georgia ⎬ I hereby certify that James L
Chart County ⎬ D. Harbin Esqr before whom
the within affidavit was made and who
has thereto subscribed his name was at
the time of so doing a Justice of the Peace
in and for the County and State aforesaid
duly commissioned and sworn and that
and in hishis

signature within written is genuine
own proper hand writing
In testimony whereof I have
hereunto set my hand and
affixed the seal of my office
as Clerk of the Superior
Court of said County & State
this Clark
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Vol Wm 1-150
22681 Act Mar 3/11
7151
Nancy Whitmore
Howell Whitmer
I
Rev. War
Rec. pension 1853
Geo Feby 53-2053
M. Daly, 25/52
Wife
H. Bird
-
Canter
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Bounty Land Claim
of Nancey Whitmore
160 acres
Presented by
D H Bird
of Canton Ga
August 1855
Page 18


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Fold3 File #28342589Additional names: Nancy Whitmore, Howell Whitmore. Image provided by Fold3.
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(4 months ago)
State of Georgia on this Thirty first day
Cherokee County ⎬ of August Eighteen hundred &
fifty five personally appeared before me a
a Justice of the Peace within & for the County
and State aforesaid Nancy Whitmore aged
seventy six years a resident of Cheroker
County in the State of Georgia who being
duly sworn according to law declares
that she is the widow of Howell Whitmore
deceased who was a private in the Revolution
War. She further states that she was married
to the said Howell Whitmore in the State of
North Carolina in the year Eighteen
hundred and one and that her name
before her said marriage was Nancy
Smith, That her said husband died
in Gilmer County in the State of Georgia
on the second day of January in the
year Eighteen hundred and forty seven
and that she is now a widow at the
date of executing this her declaration
she further states that she is now a
Revolutionary Pensioner of the United
stated at the rate of Thirty four dollars
and thirty three cents per Annum that
said Pension was + is allowed her under the
second section of the act of Congress of
February 3, 1853 that her said Pension
certificate is dated the twentieth day
of September in the year Eighteen hundred
and fifty three and numbered 2053 and
payable at the Pension agency at
Savannah State of Georgia and the
refers to said Pension and papers
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for Proof of her husbands service and her
marriage which papers furnish all the
proof to establish her claim
she makes this declaration for the
purpose of obtaing the bounty land to which
she may be entitled under the Act approved
March 3, 1855.
Nancy Whitmore
mark
We James M Daniel & Nelson Dickenson
residents of Cherokee County in the State of
Georgia upon our oaths declare that the
foregoing declaration was signed and
acknowledged by Nancy Whitmore in our
presence and that we believe from the
appearance and statements of the applicant
that she is the identical person she
represents herself to be, that her said
husband died as therein stated and
that she is now the widow of
Howell Whitmore deceased & we have no interest
in this claim,
James Daniel
Nelson Dickenson
the foregoing declaration and affidavit
were sworn to and subscribed before
me on the day and year above written
and I certify that I know the affiants
to be credible persons, that the clamant
in the Person she represents herself to be
and that I have no interest in this claim
Thos E. Dickerson J P
Page 20

State of Georgia ⎬ I James M Daniel Clerk
Cherokee County ⎬ of the Inferior Court in & for
said County and State do hereby certify
that Thomas E. Dickerson Esqr before whom the
foregoing declaration and affidavit were
made is and was at the time of so doing
an acting Justice of the Peace in & for
the County and State aforesaid duly
commissions and sworn and that
his signature above written is genuine
Given under my hand and
seal of office this August 31. 1855
James M Daniel Clerk
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6622
whitemore
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22.681
Free
1
To the Commissioner of Pensions
Washington City
D.C.
Page 23

Reoy (?)
WIDOW, &c.
File No. 589
Nancy Whitmore
Widow,
Howell Whitmore,
Priv. Rev War
Act Feb. 3. 1853.
dex: -- Vol. M, Page 328
Arrangement of 1870.}
Page 24

Jul, 2, 1853.
NO 2568
Appl of Nancy Whitmore widow of
Howell Whit-more.
Cherokee Co.
Georgia
Act 3 Feby. 1853.
Rev.
Adm 34 33/100 per annum
Commencing 3 Feby. 1853
John T Neely
Washington
D. C
(Stamped on Right) DEPARTMENT OF THE INTERIOR, PENSION OFFICE, OFFICAL BUSINESS
(Stamped) Commissioner
Page 25

Pension Office
Sept 17 1853
Sir,
Please certify the
time to which the within
named pensioner was paid
and if in your power
the date of his death.
Very respectfully
In Obt Sert
S. Cole
For Commissions
F Burt E
3rd Auditor,
Present
(See other side.)
Page 26

Howell Whitmore, Act 7th June 1832 $34.33 pan
1
Paid to 4th Sept. 1846, no date of death
on our Books.
F Burt
Auditor
Page 27

Canton Ga
Sept 12th 1855

Sir
Enclosed I hand you the County
Land claim of Mrs Nancy Whitmore
widow of Howell Whitmore for 160
acres Mr Whitmore is now a Pension
Hoping to hear from you as early
as practical
I am 
my Respectfully
Your obt seat
D. H. Bird
To the Commissioner of Pensions
Washington City D.C.
Page 28

(signature) Whitmore
Page 29

Brief in the case of Nancy Whitmore, widow of Howell Whitman
Cherokee County and State of Georgiaact
3d February 1853
Claim, "original,"
Proof exhibited, (if original.)
Is it documentary, traditionary, or supported by rolls? If either, state the substance
Husband was a pensioner under the
act of June 7, 1832
Marriage proved by certified copy
of Marriage bond, and parol evidence
Artified to be credible
(If for increase.)
Has additional evidence been filed since the admission of the claim? If so, what?
John F Neeley Esqr
Present
Name and residence of Agent
Buller
Examining Clerk
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Ellijay
Geo
March 29th 1847.
J L Edwards
The widow of Howell Whitmer (who
was up to his death drawing a pensioner of the United States)
wishes to make application for the half pay to Widows in
such cases and wishes you to forward her a blank
for her claim as widow of the above named H Whitmore
as her circumstances call for assistance it is hoped
that there will be provisions made for her as soon as possible
I have in my possession a certificate of the Clerk
of Orange County N. C. certifying that license
were issued & copy of bond for the marriage license
& also the copy of the license of Howell Whitmore to
Nancy Smith who were residents of Orange County
N.C. at the time of the Marriage
I also have the certificate of Lew Cass secretary
of War countersigned by yourself certifying that
Howell Whitmer is entitled to received Thirty four
Dollars & 33 cents per annum dated War office 24th
January 1834 Numbered 23446 - all of which if it be
necessary can be forwarded to you or department
Howell Whitmore died on the 2d Jany 1847 previous
thereto he resided in Hall County Ga moved to Gilmer County
in the fall of 46 Nancy his widow is still living in
this county (Gilmer)
Yours very respectfully
J.G. Gudger
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Washington D.C
June 30th 1853
Dear Sir
Enclosed you will find the papers
of Mrs Nancy Whitmore widow of Howel Whitmore
who was a Revol. Soldier, and a Pensioner from
the State of Georgia for a Pension under the Second
Section of the act of 3rd February 1853-
yours
Very Respectfully
To the Commr of Pensions
Page 32

Howe Whitmore
Admit as a private
months 11 days
$34.33
13 Nov. 1833
James Law
James Wills
Page 33

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 will be allowed.
The notes and the regulations will shew what is necessary to be done. Those 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. 
I am respectfully your obedient servant 
J L Edward's
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, 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 where 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
On this ____ day of ____
personally appeared (a) before ____
A. B. a resident (b) ____ 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 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 entered the service; the battles, if any, in which he was engaged,
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 ____
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.
[____ 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 ____ 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 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 ____ 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, and that we concur in 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 Revolutionary 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 same 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 testify that the foregoing contains the original proceedings of the said Court, in the matter 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 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 his claim, and in the comparison of his narrative with the events of the period of his
Page 35

3
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 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 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 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.

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[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.
[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 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
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 ____ year ____ 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 in 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 be 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 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.
[k] The notes from [a] and [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
[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.