Revolutionary War Pension and Bounty Land Warrant Application File R. 9625, for Ephraim Sizemore, Virginia
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Va,     Sizemore Ephraim     R9625
                                Winney
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South Carolina   16474
Ephraim Sizemore
Spartenberg in the State of S. Ca. he was a pr. in the commanded Captain of the Rec't commanded H. Phillips in the Va in for 9 mo: 

Subscribed on the Roll of S. Carolina at the rate of 30 Dollars __ Cents for annum, commence on the 4th day of March, 1831. 

Certificate of Pension issued for the 27th day of Aug 1933 and South E. Bemar 
Spartanburg, CA So Ca

Arrears to the 4th of March 1833          60
Some-ant, allowance ending H Sept  15
                                                                           $75
Revolutionary Claim, Act June 7, 1832
Recorded by Aath, Rice, Clerk
Book C Vol. G. Page 80
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Ephn Sizemore
Dcolow
26.03C
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South Carolina
Spaulaugergh Dist

On this 6th day of March 1833. Personally came in open court, low the Court of Sessions are common pleas held for the District of (?) a before the Judge of the said Court now sitting Ephraim Sizemore a resident of the said District aged eighty five years who being first duly sworn according to Law, do the over his oath make the following Declaration in order to obtain the benefits of the act of Congress passed June 7, 1832. That he uttered the (?) under the followed named officers on a Juna as here me stated. I entered the service of the United States under the command of Capt James Anderson, in the drafted militia for Va monthly, but cannot recall the day-month or year- in Mosinburgh Virginia, on a marched to a small town called Cobham(?), and there to a placed called, Sleepy Hole, as James River-and from this place marched to Portsmouth-where we remained until my town had explained(?), and was regularly on shift by my Capt, James Anderson, In the fall of 1780. I again entered the draft as a draft for three months under Capt Henry Speon in the Regiment Commanded by Col. Jos Phelps and marched to soly by in A:Gar, on a case there appointed one are of the guard for Preyouez(?), order to Virginia and marched with the said Puyousy (?) to the Virginia line, when they can declined to another guard, and I was shortly afterwards
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discharged. I have no documentation evidence of my services in my possession have lost my discharges by hearing- There of we one in their County who served with me in the Army- I do hereby request [unknown word] claim to a pension or annuity except the pursuant and declare that my name is listed on the pension roll of the a general of any state. - In answer to the questions proposed by the court, Lawyer- 1&2 I was born in South Carolina but have no idea of the date. 
3rd. I live in Meclinghurgh County Virginia where I [unknown word] into the service, and have had as South Carolina address of forty years. 
4. See written
5. see within
6. see cacthrum
7. I refer to the revd and to Langford Eq. and William AcGon who will certify me as character for with and honesty 
Sworn to and subscribed in open court the day and year above. 

Ephraim Sizemore     x his mark 

Me Gahul Philips, residing in the District of Haurend. Vasgy Joiner Ford and William McGan swearing in the Scarbrough Dist do hereby cerity that can are congregated with Ephraim Sizemore who has subscribed and swear to the foregoing declaration- that can believe him to be eighty five years of age-that he is reputed
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and believed in the neighborhood where he resides to have arm(?) a soldier of the Revolution and we can our in that opinion. 
Sworn and subscribed the day and year above

Gabe Phillips V. Dist
Wm Nehan   x his mark
James Ford

and the said court day humbly declare its opinion after the investigation of the matter and after pulling the questions purchased by the alas department had the above named applicant was a Revolutionary Soldier and served as United States- and the Court from other states that it appears that Gabl Philips who has signed the foregoing affidavit is a clergy man residing in Launer Certifies and that William Nelson and Lauer Ford are modest in said district and are [unknown word]
R Gantt

State of South Carolina
Spartanburgh District 

     I Eliskie Roman Clerk of the County of Sessions and common please in often said district, do hereby certify that the foraging [unknown word] the original proceedings of the said court in the matter of the application of Ephraim Sizemore for a pension. Ive [unknown word] whereof I have hereunto set my hand and seal of office the 15th day of May 1813. 

E. Barnes
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4535
Winney Sizemore
Wid of Ephraim
S. 65
Act July 4, 1836

Mc C Kimball
Spartanburg, CH, SC
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State of South Carolina
Spartanburg District
S.S. 

On the 13 day of May 1839 personally appeared before me a Justice of the Peace for said District. Winney Sizemore a resident of the District and state aforesaid aged ninety four years who being first duly sworn according declaration in order to obtain the following declaration in order to obtain the benefit of the provision made by the act of congress passed July 4th 1836. That she is the widow of Ephraim Sizemore who was a private in the army of the Revolutionary War as will appear have his position(?) papers on file in the {unknown word} Office. She further declares that she was married to the said Ephraim Sizemore on or about 15 day of May in the year Seventeen hundred and seventy five that her husband the aforesaid Ephraim Sizemore died on the 5th day of April 1836 and that she has remained a widow ever since that period as will more fully appear by reference to the proof hereunto accused. 
   I vow to and subscribed on the day and year above written before me. 
  
Winney Sizemore   x her mark
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South Carolina
Spartanburg District

Personally appears before me Stephen and Margery Sizemore who being duly sworn according to law on their oath say that they are well acquainted with Winney Sizemore that she is the widow of Ephraim Sizemore that the said Ephraim Sizemore died 5 day of April 1836 and that the said Winney {unknown word} his widow that the said Ephraim was a Revolutionary Pensioner
Stephen Sizemore   x his mark
Margery Sizemore   x her mark 

Swore to before me 23 day of May 1839

South Carolina
Spartanburg District 

Personally appears before me who being duly sworn say {unknown word} their oath that they are well acquainted with Stephen & Margery Sizemore that they are her reputable and worthy of credit
Wm Wheeler   x his mark 
Juborer Cornwell  x his mark 

Sworn to before me 23 day of May 1839
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State of South Carolina
Spartanburgh District

I Joshua Tapp Clerk of the Court of general sessions and Common Please for said District. Certify that Washington Cantrell, whose signature appears to the witness affidavits in an acting Justice of the Peace for said district and is worthy of all due faith and credit in all his official acts as such and the signature purpatrating to be said is genuine
Given under my hand and seal of office this 24th day of May 1839. 
J. Tapp
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No 26036

Ephraim Sizemore
Spartanburgh District
South Carolina

Admit as private
9 mo $30

E Bouner C.W. Office Depart of State
S. Carolina
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WAR DEPARTMENT, 
Pension Office

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 subjcined(?) 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 coupling with this request, greatly facilitate the investigation of your claim. 

A Statement, showing the Service of Ephraim Sizemore Spartanburgh District South Carolina

Draft  
Duration of the claimant's service: 6 mos
Rank of the Claimant: Prvt
Names and rank of the Field officers under whom he served:  Cap Anderson
Age at present, and place of abode when he entered the service: 85 years
Proof by which the declaration is supported:  Traditionary evidence, papers correct

Draft fall 1780
Duration of the claimant's service: 3 mos
Rank of the Claimant: Prvt
Names and rank of the Field officers under whom he served: Cap Spears, Col Philips
Age at present and place of abode when he entered the service: Meclisburgh County Virginia

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 of this law as officers, non-commissioned officers, musicians of 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, 1852.
                                                                           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. 
[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 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 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 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 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 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 is case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, oral 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 live 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 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 inquiry 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 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 the can procure, taken and authenticated before a Court of Record, showing the services of the decreased, 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, be 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 the different grades in which he served, to language no 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 is the following words; 
   "Personally appeared before me, the undersigned, a Justice of the Peace, &c.  A.B. who, being duly sworn, deposits and faith, 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, in 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 [unknown word] 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 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. 
[f] The law makes the relisquishment 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 having the same as well messes 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 [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.
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S. Carolina
Winney Sizemore
widow of Ephraim
Leo letter to John C. Kinbril, 
Aug 6th 1839
do Octr 24
9625
Act July 4th 1836
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**Stamped** REJECTED 
9625
P.O. Winney Sizemore
Service: ________
Enlisted: ________, 18__
Discharged: __________, 18__
Application filed: ___________, 18__
Alleges: ____________
Re-enlisted: _________________
Attorney:____________
P.O. ____________________
________ Recognized.         ___________ Contract
________ Cert. of Dis.     Searched for________, 18__
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State of South Carolina
Spartanburgh District
To wit- 

            Personally came before me the subscribing magistrate, Henry Green, who being sworn, on his oath said: That he their defonunt(?) was intimately acquainted with Ephraim Sizemore, decd, late a Revolutionary Pensioner of the United States, and also with this wife: Winny Sizemore- that they depomnt(?) known. The said Ephraim and Winney were duly and legally married, before the armemation(?) of the Revolutionary War and before the said Ephraim Sizemore had concluded his services in the United States Army- that the said Ephraim Sizemore was a soldier of the Revolution and their Depount(?) has him informed that he the said Ephraim has drawn a pension from the United States up to the time of his death. 

Sworn to and subscribed
before me this 22 day of August 1838.

Henry Green   x his mark
William Leho 98

Personally came John Green before me and being sworn with that the fact stated in the above affidavit are true and sworn to and subscribed 
Signed Inpranation(?) 22nd August 18 BL
John Green
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Personally came before me Eamly P. Homared Mardeath before me and say that they are acquainted with Henry Green and John Green, who make the with in affidavit-that they are men of respectability and couth(?) and entitled to full confounded in their slohnemly(?) 
Sworn and subscribed fore me 22nd day of August 1838.
Enesly Hilton 
Wm. Lehsa 98
State of South Carolina
Spartanburgh District 

I Joshua Tapp Clerk of Court of general Sessions and Common pleas for said district, certify that Wm. Kelse is an acting Justice Pension for said district and the signature to the their and above affidavit {unknown word} to be his is genuine. 

Given under my hand and seal of office their 24th May 1839
J. Tapp

Given affidavit
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South Carolina
Spartanburgh District }S.S. 

Amended Declaration of Winney Sizemore in order to obtain the benefit of the provision made by acts of Congress passed July 4 1836 and the joint Resolution of July 7th, 1838 personally appears before the subscribing Justice Winney Sizemore widow of Ephraim Sizemore and being duly sworn on her oath declared that she has no documentary evidence to establish the facts of her marriage-she further states she has no family record that she was married in Mactebubugh County Virginia that no case was required and that her husband kept no record of their marriage that she knows of that he was unlearned and unable to write-
   Sworn to before me Sep 11, 1839

Winney Sizemore   x her mark 
Joshua Tapp
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South Carolina
Spartanburgh District} S.S. 

Personally appears before me Wm. Buler and Marjory Sizemore and having duly sworn on their oath say that have been intimately acquainted with Winny Sizemore. [unknown word] and widow of Ephraim Sizemore ear like seventeen hundred and ninety two that they have wed together as man and wife and in that character earsed and brought with a family, that it was reputed and believed that they were man and wife in the wife fourhood, where they reside that the said Winny Sizemore is a woman of good character and worthy of belief- that the said Ephraim Sizemore was a Revolutionary Pensioner that he died 4th April 1838- that Winny Sizemore the applicant for a pension is that his widow 
Sworn to before me Sept 7 1859
Joshua Wood
Wm Wheeler
Marjery Sisemore    x her mark
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State of South Carolina
Spartanburgh District 

I Joshua Tapp Clerk of the Court of Spartanburgh District certify that Joshua Wood is a magistrate as above and that the foregoing departure perporting to be this is genuine in [unknown word] where of I have hereunto affixed my seal of office and subscribed my name this fourteenth day of Sept in the year 1839. 

J. Tapp clerk of the Courts of Spartanburgh District