Revolutionary War Pension and Bounty Land Warrant Application File S. 6,849, Joseph Forbes, S.C.
Page 1

SERVICE
S.C.

Forbes, Joseph
or
Forbis

NUMBER
S. 6849

Born in Penn       Carded

CONTENTS
Page 2

16.782
North Carolina ,
________________________________________
Joseph Forbe
of Rutherford in the State of N. Carolina 
who was a Pri in the              commanded
by Captain     in the   Regt    commanded
by Col Neal  in the So Ca
line for 18 months
====================================
Inscribed on the Roll of No Carolina 
at the rate of 46 Dollars 66 Cents per annum,
to commence on the 4th day of March, 1831.
===================================
Certificate of Pension issued the 24 day of Sept:33
and  sent to and Peregrine
Roberts Lincolnton N.C.
===================================
Arrears to the 4th of March 1833                    116.65
Semi-annual allowance ending 4 mar: '41       23.33
                                                                                    =====
                                                                                   $139.98
{Revolutionary Claim,}
{Act June 7, 1832.}

Recorded by Nath Rice Clerk,
Book E. Vol 6, Page 40
Page 3

DEAD.

[illegible] letter to P. Agt ( owes to pay)  22nd
June 1836-
Stamp/SEAL
pay to
Page 4

State of North Carolina
Rutherford County
January
On this 11 day of January 1832 before me an
acting Justice of the peace in & for said County
Joseph Forbes a resident of Rutherford County
in the State of North Carolina aged seventy seven 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 act of Congress passed June
the 7th 1832 that he entered the service of the
United States under the following named officers &
served as herein stated
He entered the service in the Fall of 1778 in South Carolina York District, Under Col Neal,
Capt Lowe & Lient. Berry - was drafted for three months, marched
to the frontiers of Georgia & was there dismissed by Col Neal
in the spring of 1779 - entered the service again as a
drafted soldier for three months in December 1779 - under
Capt Blass, Lieut Gabba & Col Watson.  Marched
to Charleston in So. Ca & was there dismissed by Col.
Watson the last of March 1780 - entered the service again
as a volunteer the last of May 1780 - under Capt B. Thompson, Lieut Forbys & Col. Neal & Genl Sumter marched into North
Carolina & back again to South Carolina, was in several
Page 5

engagements with the tories, was in the battle of Sumter's defeat on
the 17th August - & 
was again dismissed some time after. entered the service again
in October 1780 under Capt Moffit, Lieut Moore, Col.
Hampton & marched to Hillsboro, No.Car. thence to Newberne
marched back to Guilford No. Ca & thence to Henry Court
house in Virginia, thence back through No. Ca into
South Carolina & was dismissed by Col. Hampton in
March 1787 -
That he was born in Philadelphia the
State of
Pensylvania in the year of our Lord 1755 - & I have in
my house in South Carolina York district and lived there after war
till 1820 and then moved into North Carolina Rutherford
County where I now live & I was drafted twice and a volunteer
twice. 5 in the first tour Col. Neal was head Commander and
we marched to the frontiers of Georgia the second tour we marched to
Charleston under Col. Watson. I do not mind any of the regular officers.
the third tour General Sumter was head commander and Col. Neal.
the fourth tour Col. Hampton was head commander we marched
into Nor. Carolina and Virginia and back to South Carolina
6 I never did
John Wilson and William Hendrick

He hereby relinquishes every claim whatever to a pension or annuity
except the present & declares that his name is not on the pension roll
of the agency of any state,
Sworn to & subscribed the day & year aforesaid
Wm Eskridge J.P.
Joseph Forbes
his X mark
Page 6

Mr. John Wilson and Wiliam Hendrick
residing in the County of Rutherford & State of North Carolina
hereby certify that we are well acquainted with Joseph Forbes
who has subscribed & sworn to the above declaration.
that we believe him to be seventy seven years of age; that he
is reputed & believed in the neighbourhood where he resides, to have been
a soldier of the revolution, & that we concur in that opinion
Sworn to & subscribed the day & year aforesaid
Wm Eskridge J.P.
John Wilson
William Hendrick
his X mark

I Wm Eskridge a Justice of the peace in & for the
County of Rutherford State of North Carolina, do hereby declare
my opinion after the investigation of the matter, & after
putting the interrogatories prescribed by the War Department
that the above named applicant was a revolutionary soldier
& served as he states. & I further certify that John Wilson
and William Hendrick who have signed the preceding
certificate are citizens resident in the County of Rutherford &
State aforesaid, & are respectable & credible persons, & that their
statements are entitled to credit.
In testimony whereof I have hereunto set my hand & seal
Wm Eskridge J.P. (Seal)
Page 7

The following interrogatories were put to wit.
1st When & where were you born, 2d have you any record
of your age & if so where is it-- 3d where were you living
when called into service, where have you lived since the revolutionary
war & where do you now live,
4th How were you called into service, were you drafted, did
you volunteer, or were you a substitute, & if a substitute for whom
5th state the names of some of the regular officers who
were with the troops when you served, such continental &
militia regiments, as you can recollect, & the general circumstances
of your service - 6th Did you ever receive a discharge
from service, & if so by whom was it given, & what has become
of it - 7th State the names of persons to whom you are known
in your present neighbourhood, & who can testify as to your
veracity & their belief as to your services as a soldier of
the revolution

I William L. Eskridge a justice of the peace in
& for said  County do hereby certify that the above interrogatories
were put to the said Joseph Forbes & that from his
appearance I believe that he could not go to the Court house
without great hazard
Wm Estridge J.P.

I Theo F Berchett Clerk of the County Court of Rutherford County
do hereby certify that Wm L. Eskridge Esq who has certified
that the affidavits of Joseph Forbes the applicant, & of
John Wilson & William Hendrick in regard to the application
were made before him, is a Justice of the Peace  and
that his certificates as such are entitled to credit
Given under my hand & the seal of the Court this 19th
day of January A.D. 1833
Theo F. Berchett Clerk
Page 8

State of North Carolina
Rutherford County
On this 3d day of June AD 1833
Personally appeared before me the undered signed a
Justice of the peace in & for the County of Rutherford in the State of North 
Carolina, Joseph Forbes, who being duly sworn, according to Law
makes the following declaration, amendatory to his former declaration
in order to obtain the benefit of the act of Congress passed June
the 7th 1832. That he entered the service of the United States in
the Fall of 1778 as before stated under in the company of Capt. Low
in the Regiment of Col. Neal - & that he served in that company
for the term of three months - as a drafted militia man, and that
he was dismissed by Col. Neal after having served out his term of
three months on the frontiers of
Georgia. that he entered the
service again as a drafted militia man in December 1779 under
Capt Blass & Lieut. Gobber in the
regiment of Col. Watson in
Camden District So. Car. and marched to Charleston So. Ca. &
was there dismissed after having served three months the time for which he
was drafted - That he entered the service again as a volunteer
in the last of May 1780 under Capt. B. Thompson Lieut. Forbes &
in the Regiment of Col. Neal in the army of Genl Sumpter. Marched
into North Carolina & back again into South Carolina. was in several
engagements with the tories, and was also in the battle of Sumpter
defeat on the 17th of August - and was discharged by Col.
Neal after having served three months the time for which he
volunteered - that he well recollects the terms of his service and
the former mission of the term of service was owing to the writer of
his declaration and not to a failure of memory in him - & that he entered
the service again in the month of October 1780 as a volunteer
and served for five months under Capt. Moffit, Lieut. Moore, Col. Hampton marched to Hillsboro N.C. to Newbern N.C. & to
Henry Court house Virginia & back through North Carolina into
So. Ca as before stated and was dismissed after having served five
months the term for which he entered the service - that the whole
period of his service for which he claims a pension was fourteen months
and that he was not employed in any civil pursuit during the
time of any of the service mentioned. that he was either in the camp or
in the field as a soldier for the purpose of defending his country against
the enemy. Sworn to and subscribed the day & year above written
and that there is no clergyman residing in his neighbourhood, and that he is entirely blind
and unable to go any where from his own house.
Test
John L. Gladden JP
Joseph Forbes
his X mark
Page 9

I John L. Gladden a Justice of the peace in and for the County of Rutherford
in the State of North Carolina hereby certify that John Wilson and
William Hendrick whose names are signed to the foregoing certificate
are men of veracity and that their statement is entitled to the utmost
credit and that there is no clergyman residing in the neighbourhood
of Joseph Forbes - and that Joseph Forbes is a man of the strictest
integrity June the 3d day 1833
John L. Gladden J.P.

State of North Carolina
Rutherford  County
I Theo F. Berchett clerk of the Court of Pleas & 
Quarter Sessions of Rutherford County do certify that
John L Gladden Esq who has certified to the
taking of the within affidavit by Joseph Forbes
before him, is a Justice of the Peace of said County
and that his certificates as such are entitled
to credit.
In testimony whereof I have hereunto set my
hand & seal of office at Office the 27th day
of July 1833
T. F. Berchett Clk
-
Page 10

23169
Joseph Forbes
Rutherford County
North Carolina
Admit as March
14  mo.$46.66
REV
Pergrine Roberts
Lincolnton
N. Carolina
Page 11

War Department,
Pension office, 183
Sir:
The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in a tabular form. On comparing these papers with the following rules, and the [] 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 attention is more particularly directed, you will find marked in the margin with a brace, (this []). 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 you claim.
Page 12

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, drafter, 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
ss.
On this day of personally appeared (a) before A.B. a resident (b) of in 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 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 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 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.
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 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 States 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 day and year aforesaid.
And then will follow the certificate of the Court.
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that A.B.  who has signed the preceding certificate is a clergyman, 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 applicacation of  for a pension.
In testimony whereof, I have hereunto set my hand and seat  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 alleged service, as they are known at the Department. A very full account of the services of each person
Page 13

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, it one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. 

All applicants will appear before some Court of Record in the County in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case. 

The Court will propound the following (m) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.
1. Where and in what year were you born?
2. Have you any record of your age, and if so, where is it?
3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?
4. How were you called into service; were you drafted, did you volunteer, or were you a substitute?  And if a substitute, for whom? 
5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services.
6.
(To a Soldier.)  Did you ever receive a discharge from the service, and if so, by whom was it given, and what has become of it?
(To an Officer. ) Did you ever receive a commission, and if so, by whom was it signed, and what has become of it?
7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution.  

The Court will see that 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 nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, fromtheir 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 certity to the character and standing of other persons giving such certificates.

The traditionary evidence of service is deened 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 or 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 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 ofice, 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 genine signature.

No payments can be made upon 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 theopinion of the Court upon the whole matter.

                               --------------------------------------------------------------------

(a) The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance.
(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 of the war when he served.
(e) Every continental officer or soldiers 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 depots and saith, that by reason of old age, and the consequent loss of memory, he cannot swear positive as to the precise length of his service; but according to the best of his recollection, he served not less than the period mentioned below, and in the following grades: ---For____year_____month____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 service.  The use of the phrase about three or four months, is too indefinite and all such qualifying expressions are objectionable.  ome persons who apply for pensions mere state they served two years in the militia, &c. without specifying the tours, the names of officers, and other particulars respecting their service.  This form of a declaration is highly objectionable.  

It must begin every case, be clearly shown under what officer the applicant severed; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corp 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 n 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 fix 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 certified officer, should accompany the papers.                                                   
                                                                  
                                                                    Mode of authenticating papers.

In every instance where the certifing officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other papers authenticated, the certiicate 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 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 verify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
The note
 from (a) to (i) are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule is 
The 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.

T E Bradford
Page 14

Rev War
6849
INVALID.
File No. 6849
Joseph Forbes
Priv. Rev. War
---
Act: June 7th 1832
Index: --Vol. 1, Page 129

[Arrangement of 1870.]
Page 15

FREE
James L. Edwards Esquire
Commissioner of Pensions
Washington

[verticial]
June 17
Jos. Forbes
NC

16782

[illegible stamp]
TTEVILLE
JU
14
N.C.
Page 16

FREE
James L. Edwards Esquire
Commissioner of Pensions
Washington

[verticial]
June 17
Jos. Forbes
NC

16782

[illegible stamp]
TTEVILLE
JU
14
N.C.
Page 17

Pension Office
Comptroller June 13 1836

James L. Edwards Esquire
Commissioner of Pensions

[illegible]

Application has been made today, 
by the year of the Children of Joseph Forbes
a pensioner under the Act of 1832 for payment
of arrears due from 4 Sept 1832 when he was last
paid to the 23 November 1833 when he died
[illegible]
respectfully
Your Obt Serv.
Jnn Huske
Agent