Revolutionary War Pension and Bounty Land Warrant Application File S. 32413, for Joseph Nelson, Virginia
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Va. Nelson, Joseph S.32413
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[typed form, with handwritten responses]
Order to vig May 30, 1837
Alabama 25.900
Joseph Nelson of Madison Co. in the State of Alabama who was a Pr in the company commanded by Captain Tate of the Regt. commanded by Genl. Morgan in the Virginia Militia
9 mo Pr $30.00
Inscribed on the Roll of Alabama at the rate of 30 Dollars ~ Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 22d day of January 1834 Hon C. C. Clay, Ho of Rep
Arrears to the 4th of Sept. 1833 75.00
Semi-anl. allowance ending 4 Mch 34 15
$90.0
{Revolutionary Claim,
Act June 7, 1832.}
Recorded by J. T. Sprague Clerk,
Book C – Vol. 8 Page 52
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State of Alabama
Madison County} SS
On this the 21 day of August 1833 personally appeared before me Samuel Chapman, Judge of the County Court of Madison County, Joseph Nelson a resident of said county and state, aged seventy six 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 the 7th 1832 – that he entered the service of the United States under the following named officers, and served as herein stated
That on the fourth day of September seventeen hundred and eighty, he joined a volunteer company commanded by Capt. James Tate and entered the service in Augusta County Virginia where he joined Genl. Morgan – from thence to South Carolina, to the Cowpens [illegible crossed text] and was in the battle of Cowpens – from thence he returned to North Carolina where the company was dismissed on the last of the month of January 1781 – making a tour of five months
This company officers that he now recollects were Capt. James Tate Lieut. Fulton, his field officers were Maj. Triplett (Col Howard of the regulars) Col. Washington commander of the Light horse & Genl. Morgan, commander in chief – he has no documentary proof evidence, he states that shortly after he was dismissed Capt. Tate again raised a company of volunteers. That sometime on the first of February 1781 he again joined his company in the said county of Augusta Virginia and marched
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from thence to Guilford Court House North Carolina, he states that he was not in the battle at Guilford Court House – that his Capt. sent him in company with some others to take care of the horses – from Guilford his company returned to Augusta County, where they were dismissed in the month of June 1781, making a tour of four months, his field officer, in addition to these above mentioned was Genl. Green, he also states that he has no documentary evidence of his last service.
He hereby relinquishes all and every claim whatever to a pension or annuity except the present and declares that his name is not upon the pension roll of the agency of any state.
He states that he has no documentary or other evidence of his services other than the evidence of Andrew Nelson.
Sworn and subscribed 21st August 1834
Richd. B. Purdon Clk CC
Joseph Nelson
State of Alabama
Madison County
I William Lanier a a clergyman of the said county and Abraham Beadle both residing in the county aforesaid, do hereby certify that we are well acquainted with Joseph Nelson, who has sworn to and subscribed the foregoing declaration, that we believe him to be seventy six years of age that he is reputed and believed in the neighborhood where he resides to have been a soldier of the Revolution – and we concur in that opinion as we believe him to be a man of truth
Wm. Lanier
A. Beadle
Sworn & subscribed before me 21 August 1833
Richd. B. Purdon Clk CC
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State of Alabama
Madison County
This day personally appeared before me Samuel Chapman Judge of the County Court of the aforesaid County, Andrew Nelson who being first duly sworn makes oath that Joseph Nelson the above named applicant was in the service of the United States in the revolutionary war. He does not recollect whether he went as a volunteer or whether he was drafted. He said applicant left home and started from the county of Augusta in the state of Virginia where he then resided, in the year 1780 and he thinks in the month of September, and was in a company commanded by Capt. James Tate, said Joseph was gone he thinks five months, and returned when the company returned. Shortly after his return Capt. James Tate raised a company of volunteers to go to North Carolina Joseph Nelson volunteered his services and joined the company & the affiant states that he was with him until they joined the main army in Guilford County in North Carolina, the said Joseph Nelson was sent by his captain to take charge of the horses. That he set out on this tour about the 10 or 18th of Feb 1781 and returned about the last of Jan following.
Andrew Nelson
Sworn & subscribed to in open court 21 August 1833
Richd. B. Purdon Clk CC
State of Alabama
Madison County
And the said Court does hereby declare its opinion after the investigation of the matter and after putting the interrogatories prescribed by the war department that the above named applicant was a soldier of the revolution and served as he states in his amended declaration and the court further certifies that it appears to them that William
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Lanier, who has signed the preceding certificate, is a clergyman resident in said county of Madison and that Abraham Beadle who has also signed the same is a resident the same county and is a credible person and that their statement is entitled to credit.
Samuel Chapman Judge County Court
Hon. C. C. Clay
I Richard B. Purdon, Clerk of the County Court of Madison County in the State of Alabama do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Joseph Nelson for a pension
In testimony whereof I have hereunto set my hand and seal of office this twenty first day of August A. D. eighteen hundred and thirty three and of American Independence the fifty-eighth.
Richd. B. Purdon
D8.849
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28.840
Joseph Nelson
Alabama
[crossed] return to
Admd
Admitted by order of the Commissioner
9 mo R $30.00
Hon C. C. Clay
Ho of Reps
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[typed form, with handwritten responses]
WAR DEPARTMENT,
Pension Office,
31st Decr 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 subscribed 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. These 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.
A Statement, showing the Service of Joseph Nelson
Period when the service was rendered.
1780
1781
Duration of the claimant’s service.
Years.
Months.
5
4
9
Days.
Rank of the Claimant.
Priv
“
Names and rank of the Field officers under whom he served.
Cap. Tate
Gen. Morgan
Cap. Tate
Age at present, and place of abode when he entered the service.
76 years
Augusta Co. Va
Proof by which the declaration is supported.
Traditionary and a living witness
Living witness not certified to be credible
See note J.
I am, respectfully,
Your obedient servant,
James L. Edwards,
Commissioner of Pensions.
B If Mr. Clay will certify that Andrew Neslon is a credible witness the claim can be admitted
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2
REGULATIONS UNDER THE ACT OF JUNE 7, 1832. 
The following regulations have been adopted:
This law has been constructed 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 benefit of the law, as well as persons who turned out as patrols, or were engaged in guarding particular areas 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 in 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 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.
I of the Court of do hereby certify (h) that the foregoing contains the original proceedings of 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 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; and 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 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. and that C. D., who has also signed the same is a resident in the and is a credible person, and their statement is entitled to credit. 
I, Clerk of the Court of do hereby certify that the foregoing contains the original proceedings of 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 or commission, but if neither of these can be obtained, the party will also state under oath, and will the 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 witnesses cannot be found, the applicant will also 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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alleged service, as they are known at 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 principle 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 State troops, Militia, 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 current neighborhood, and who can testify 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 he is the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary Solider, 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 the 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 the 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 the 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 require is made, the parties interested will transmit such evidence as they can provide, 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 on 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 significant 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 soldier or officer 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 old age, and the consequent 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 no 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 officers, and the 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 authority; that he was either in the field or 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 matter of his leavings the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify 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 notes from [a] to [illegible] are all equally applicable to the cases of Militia men, Volunteers, and State Troops. The proof required by rule in point [j] applies to continental troops only.
[k] This traditionary evidence is indispensable in military 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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Rev.&1812 Wars Section.
COPIED BY ADY
January 16, 1929.
Mrs. R. L. Wilson,
256 East Main Street,
Paris, Kentucky.
Madam:
I advise you from the papers in the Revolutionary War pension claim, S. 32413, it appears that Joseph Nelson, while residing in Augusta County, Virginia, enlisted and served as a private in the Virginia Troops, as follows:
From September 4, 1780, five months in Captain James Tate’s Company, under Colonel Howard, and was in the battle of Cowpens; from February 1781, four months in Captain James Tate’s Company.
He was allowed pension on his application executed August 21, 1833, while a resident of Madison County, Alabama, aged seventy-six years.
It is not stated whether soldier was married.
The above noted Joseph Nelson is the only soldier of that name found on the Revolutionary War records of this bureau, who served in the Virginia Troops.
Respectfully,
WINFIELD SCOTT,
Commissioner.
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Rv
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Mrs. R. L. Wilson
256 E. Main Street
Paris, Kentucky
April 16 1928.
Commissioner of Pensions.
Washington, D. C.
Dear Sir:
Have you record of one Jos. Nelson who enlisted in Fauquier Co. Va. in 1780 He died Oct. 6, 1837, but I do not know where he died. But I would like to know if he was a Rev. pensioner.
Respt. Yours,
Mrs. R. L. Wilson
[there is one stamp]
PENSION
APR 18 1926
U. S.
OFFICE
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Mrs. R. L. Wilson
256 E. Main Street
Paris, Kentucky
April 3 1928.
Pension Dept.
Washington, D. C.
Was Jos. Nelson, who enlisted in Fauquier Co. Va. a pensioner of Rev?	 He died in fall of 1837.
Thanking you for an early reply, I am
Respt. Yours,
Mrs. R. L. Wilson
[there is one stamp]
PENSION
APR 5 1926
U. S.
OFFICE
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1509 Van Buren Street.
Amarillo Texas. [illegible] 24, 1927
Department of the Interior. Bureau of Pensions.
Washington, D. C.
Dear Sir:-
Have you a record of claim filed for services in War of Revolution of Joseph Nelson (b.—d. Oct. 6 1837) married Catharine Barrou or Barriou (1st Wife) Dec. 23, 1771. Fauquier Co. Va. also of
James Withers (b—d. May 6, 1791.)
Fauquier Co. Va. He married abt 1765 Elizabeth Roser or Rosser (b. Aug 6 1747 d. Jan 8, 1840.)
Trusting I may receive a reply. Thanking you in advance.
Sincerely
Mrs. J. E. Rowland
IR.
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[typed form, with handwritten responses]
3—595.
O. W. AND D. DIVISION.
Department of the Interior,
BUREAU OF PENSIONS.
July 2, 1907
Searched by Dill
Original No.
Certificate No.
Claimant,
Soldier, Joseph Nelson
Service, Va. service
Rev. War
Hanover Co. Va
Remarks:
No claim as above except Jno. 32.413
Enl. Augusta Co. Va
1833 Madison Co. Ala
Chief of Division
23266b5m6-06
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Department of the Interior,
SECRETARY’S OFFICE.
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Mr. Bryant,
Chief O. W. N.
This is the request filed down in the matter which we discussed last week, the genealogy of the Virginia Nelson.
Can you answer the enclosed communication?
Bayly
[illegible]
[there is one stamp]
O. W. & N. DIV.
JUN 29 1907
FILES
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1115 W. Main St.
Richmond Va.
June 23 9
Mr. W. H. Bayley –
First clerk Pension Office
Washington, D. C.
Dear Sir – 
Referring to your recent letter to Dr. Llewellyn Jordan I should be very grateful if you can furnish me the record of one Joseph Nelson of Hanover County – Va. also the record of Roland Gooch of Louisa Co. Va.
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Roland Gooch’s will was probated at Louisa Co. Dec 8th, 1794.
Thanking you extremely for this advice both for Dr. Jordan and myself
I am yrs. respectfully
Mrs. A. Jeff Nelson
1115 W. Main St.
Richmond Va.
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1907 July 10. Hist. to Mrs. A. Jeff Nelson
1908 Spt. 24 Hist. to Mrs. C. B. Nelson
1927 June 3 Hist to Mrs. J. E. Rowland
1929 June 16 “      “     “     R. L. Wilson
1938 May 5 Brief to Hon. John Berkman in Mrs. Howard C. Jones (see their order of Robert Allen S.37661) MMHJ.
[typed form, with handwritten responses]
32413
Revy INVALID.
File No. 32.413
Joseph Nelson
Priv Rev War
Act: June 7th 32”
Index:-Vol. 2, Page 296
[Arrangement of 1870.]
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June 3, 1927
Mrs. J. E. Rowland
1509 Van Buren St
Amarillo, Texas
Madam:
I have to advise you from the papers in the Revolutionary War pension claim S. 32413, it appears that Joseph N Nelson, while residing in Augusta County, Virginia, enlisted and served as a private in the Virginia Troops, as follows -
From September 4, 1780, five months in Captain James Tate's Company, under Colonel Howard, and was in the battle of Cowpens; from February 1781, four months in Captain James Tate's Company. 
He was allowed pension on his application executed August 21, 1833, while a resident of Madison County, Alabama, aged seventy-six years. 
It is not stated whether soldier was married. 
The above noted Joseph Nelson is the only soldier of that name found on the Revolutionary War records of this Bureau, who served in the Virginia Troops.
Respectfully,
Winfield Scott
Commissioner.
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a soldier of the Revolutionary War, you will find below the desired information as contained in his (or his widow's) application for pension on file in this Bureau.
S. File 32,413
Dates of enlistment or appointment. | Length of service. | Rank. | Officers under whom service was rendered. | State.
Captain. | Colonel.
Sept 4, 1780 | 5 mos | Private | James Tate | Howard | Va
July 1784 | 4 mos | " 

Office note: Col Washington not included, as he commanded other regiments
Battles engaged in, Cowpens
Residence of soldier at enlistment, Augusta Co, Va
Date of application for pension: Aug 25, 1833 Claims
Residence at date of application, Madison Co., Ala.
Age at date of application: 76 yrs
Remarks: A careful search fails to show a claim for Roland Gooch above is the only Joseph Nelson of Va troops found [illegible].