Revolutionary War Pension and Bounty Land Warrant Application File S. 8825, for Howel Lesly, North Carolina
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(3-1776) 

	Service				Number 

	NC 		Lesly,  Howel 		S. 8825
		       or
	VA		Lashly, Howell
 

Carded			

Contents
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[The right-side of the page]                                                                
                                                      23.470
North Carolina
Howell Lashly
of Moore in the state of North Carolina
who was a private in the [illegible] commanded by Captain Smith? of the [illegible] commanded
by [illegible] in the [illegible] and? §
line for [illegible] 
§                                            Howel Lesly 
VA & NC                                nov. 21 [illegible]
                                  Records corrected  
Transcribed on the Roll of N. Carolina
at the rate of 20 - dollars – cents per annum, 
to commence on the 4th day of March, 1834.
Certificate of Pension issued on the 5 day of [illegible] and [illegible]
Arrears to the 4th of  [illegible] 17
Semi-anl. allowance ending [illegible] 16
                                                              60
                                        {Revolutionary Claim,}
                                           {Act June 7, 1832.}
Recorded by Nathn Rice  Clerk,  
Book E Vol. 6 1/2  Page 64
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[On the left side] State of N. Carolina Moore County 
[On the right side] Court of Pleas and Quarter Sessions                                 

On this 20th day of August 1833 personally appeared in open court, before the justices of the court of the county of Moore, now sitting Howell Lashly, a resident in the county of Moore, and state of North Carolina, age 72 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 the 7 June 1832. 
That he entered the service of the U. States 
under the following named officers, and served
as herein stated (to wit).
That he entered the service as a volunteer in the latter part of July or first of August [about
the year 1778, under the command of Capt. Lawrence Smith, belonging to the regiment commanded by Gen. Nelson. That he enlisted in the county of Sussex - State of Virginia, he then marched in the command of Capt. Smith to Williamsburg, where he remained a few days and then marched to Yorktown, - after being stationed there for some time was discharged & obtained leave to go home having served a tour of three months. This declarant further states that he lived a few months after this tour in the State of Virginia and removed into the 
State of N. Carolina and County of Warren where he lived between 2 and 3 years, when he was drafted and entered the continental service in February 1781 under the command of Capt. George Nazra and Lieutenant John Green. The company made excursion at Warrenton in Warren County
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and then commenced their march through
Granville Co., Hillsboro Orange Co., and then 
to Guilford Co., where we joined the 
regiment commanded by Gen. Gates a few
days before the battle in Guilford Co., after 
remaining in camp 2 or 3 days we were
attacked by the enemy with Cornwallis at 
their head and Col. Tarleton commanded at
the troops. The engagement commenced early 
in the morning by an attack made by 
Col. Tarleton against our troops commanded 
by Col. Washington, which was soon followed 
by the line under the command of 
Cornwallis, where they succeeded in putting
to rough the N. Carolina regiment. After
this fallen this declarant sayeth that he marched to Ramsey’s ferry in Chatham Co. in the regiment commanded by Gen. [crossed out] Butler where we remained about 2 weeks when part of the regiment under the command 
of Col. Greene went in pursuit of Cornwallis. After this we marched to Crabtree in Wake county where we were all regularly discharged. That he received a written discharge from the commanding officer but it has been lost, and he is unable to state by whom it was signed on account of the frequent change of the officers after the battle in Guilford. 
That he served in this tour three months, that he has no documentary evidence and that he knows of no person, whose testimony he can procure, who can testify to his service, except Solomon Arnold, who served with him part of the time during his service
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and whose affidavit is hereunto annexed
that there is no clergyman residing in the 
neighborhood whose certificate he can procure
as to his sustaining a fair character.
He hereby relinquishes every claim whatever 
to a pension or annuity except the present
and declares that his name is not on the pension roll of the agency of any state. 
Sworn to and subscribed the day Howell Lashly
and year above written 			    Moore
We Joseph Thomas and Jacob Gaston residing 
in the county of Moore and state of N.C. hereby certify that we are well acquainted with Howell Lashly who has subscribed and sworn to the above declaration that we believe him to be 72 years of age, that he is reputed and believed in the neighborhood where he resides in to have been a soldier of the revolution, and that we concur in that opinion.				
Sworn and subscribed the day   Joseph Thomas	                                 and year aforesaid                        Jacob Gaston
And the said court do hereby declares their
opinion, after an 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 Joseph Thomas and Jacob Gaston who have signed the preceding certificate reside in the county of Moore N.C and are credible persons, and that their statement is entitled to credit.		          

                                       Josiah Tyson Chairman
                                       John Patterson
                                       Daniel McDonald
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The following answers were given by the above
named applicants to the [crossed out, above] questions put by
the court as prescribed by the war department
Answer to 1st:
	I was born I believe about the year 1761
         in the county of Sussex, VA
Answer 2: I have no record of my age and desire a knowledge of my age by persons raised with me who, have a record of their my age.
Answer 3: I was living in the county of Sussex, VA when called into service. 14 years in Warren Co., NC, 26 in Wake Co., 14 years in Moore Co. where I now live.
Answer 4: I [crossed out] volunteered into service in VA, in NC I was drafted.
Answer 5: The answer to the 5th interrogatory is more fully explored in my declaration.
Answer 6: I received a discharge but do not 
recollect by whom it was given and not believing I should ever need it I misplaced it.
Answer 7: I believe that any of my neighbors would testify as to my character but there are none present except for those whose certificates are provided.
I Alex C. Curry   Clerk of the Court of Moore
County do hereby certify that the foregoing
contains the original proceeding of the said
Court in the matter of the application of Howell Lashly for a pension,
	In testimony whereof I have hereunto
	set my hand and seal of office this 20th 
	Day of August AD 1833
				Alex C. Curry, CCC
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[Perpendicular left] Rev. War
8825
Invalid. 
File No.		 8825
Howell Lashly
Pri Rev. War
Act: June 7 1832
Index:--Vol. 101, Page 216

[Arrangement of 1870.]
Howel Lesly                 nov. 22. 1904
Records Corrected
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26. 467
26. 467




G. Reed
[illegible]
Moore Co.
		N.C
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State of N. Carolina   Moore County
I Solomon Arnold do hereby certify that I am well acquainted with Howel Lashly who has sworn to the above declaration that I knew him to serve a tour of three months in the N. Carolina Continental service in the year 1781 - as he states in his declaration. 
Sworn to and subscribed before this 20th day
August 1833 in open court
	A.C. Curry		Solomon Arnold


The credibility of the above witness must be certified to and by the court a
by the Magistrate duly authorized to administer oaths
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[Left perpendicular paragraph illegible]
		
			26. 647
			26. 647
	
	
G. Reed
[illegible]
Moore Co.
NC
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North Carolina
Returned
18 Dec 1833


[Left perpendicular]  	  
Howell Lashly 			 
	NC
[Right perpendicular] 
admit as private				
6 months $20
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[same as page 11, entire page rotated clockwise]

[Right perpendicular]

North Carolina
Returned
18 Dec 1833

Howell Lashly
NC

admit as private
6 months $20
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[Test is extremely faint]

[Illegible]
[Illegible]

Sir

Enclosed you have the application of Howel Lesly for a Pension.

Any which you or [illegible] or make the request can be made to me,

[Illegible]
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[Text is too faint to be able to read]
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[Text is extremely faint, the signatures below are legible]

Jno. R. Reid JP C Rollins
Jno. R Reid
H. Leary C.C.C.
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[Text is very faint]

Sir

Please note that there is one error in writing [illegible] service of the applicant The regard following [illegible]

Your obt sevt
[illegible]

J. L. Edwards
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[at the bottom of the page]
1 Nov 1883
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War Department,
Pension Office
[illegible]
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 tabular form. On comparing these papers with the following rules, and the subjoined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will show what is necessary to be done. Those points to which your 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

Period when the service was rendered.
Duration of the claimant’s service. Years. Months. [3] [3] Days.
Rank of the claimant.
Names and ranks of the field officers under whom he served. 
Age at present, and place of abode when he entered service. 
Proof by which the declaration is supported.



					I am respectfully, 	
					your obedient servant,
						J.L Edwards,
									Commissioner of Pensions
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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 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 } ss.
County of }
	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. [pointing hand icon] 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 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 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 certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of __ for a pension.
	In testimony whereof, I have hereunto set me 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-
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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 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 no, 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 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.
__________
	[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 be served; otherwise a satisfactory examination of the claim cannot be had. Every claimant must state, with precision, the length of this service, and the different grades in which he served, in language so definite as to enable the Department to determine to what amount of pension he is entitled. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration, by making an affidavit in the following words:
	“Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service; but, according to the best of his recollection, he served not 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 is too indefinite, and all such qualifying expressions are objectionable. [underlining by hand begins] Some persons who apply for pensions merely state that they served two years in the militia, &c. without specifying the tours, the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must, in every case, be clearly shown under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent 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. [underlining by hand ends]
	[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 be 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.
	[pointing hand icon] The notes from [a] to [i] are all equally applicable to the cases of Militia men, volunteers and State Troops. The proof required by rule in note [j] applies to continental troops only.
	[k] This traditionary evidence is indispensable in militia cases.
	[l] If a witness cannot be found, the declarant must state the fact.
	[m] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.