Revolutionary War Pension and Bounty Land Warrant Application File S. 7777, Nathan Upchurch, N.C.
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(3-1776)
SERVICE                                                                 NUMBER
N.C.   Upchurch, Nathan                                S.7777

                                                                                      carded

CONTENTS
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North Carolina    16.575.
Nathan Upchurch
of Raleigh in the State of N.Car:
who was a Pri in the      commanded
by Captain     of the Regt commanded
by Col. Moore in the No. Ca _
line for 8 months _

Inscribed in the Roll of No. Carolina
at the rate of 20 Dollars 00 Cents per annum
to commence on the 4th day of March, 1831.

Certificate of Pension issued the 3- day of Sept 1833.
              and Sent to Geo. W. 
Haywood. Raleigh No Ca.
Arrears to the 4th of March 1833       53.32
Semi-anl. allowance ending 4 Sep....             13.33
                                                                $66.65
                                          {Revolutionary Claim, }
                                          {Act June 7, 1832         }
Recorded by Natl. Rice_  Clerk,
Book  E  Vol.  G  Page 58.
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State of North Carolina}
Wake County}    
Court of Pleas and Quarter sessions
[struck through-Superior Court of Law]
[struck through-Fall term 1832]       
 November Sessions 1832

Declaration in order to obtain the benefit of the act of Congress passed June 7th 1832.
On this 22nd day of November [struck through-1st day of October]  AD 1832 personally  appeared ^in open Court before^ the Court of ^Pleas & Quarter and being the Court of record^ for Wake County now sitting Nathan Upchurch a resident of the County of Wake and State of North Carolina aged Seventy two years , who being first duly sworn according to the Law, doth on his oath make the following declaration in order to obtain the benefit of the act of Congress passed June 7th 1832.  

That he was born in the County of Bute (which was afterwards divided into the Counties of Wake Franklin & Warren) is Seventy three years of age at the time he [illegible] the service he resided in the County of Wake and about the age of twenty years he was drafted for the term of three months to be served out of the State that his company [illegible] at the Court house in Wake and way then he is under the command of Captain Lewis Bletcher marched from Wake County Court house through the adjoining country and crossed the Cape Fear river [illegible] then through the [illegible] country to the Yadkin river crossed the same at the Ferry the name not recollected & then joined the other forces who were also [illegible] under the command of Colonel Moore we marched from thence to the [illegible] crossed the same and after marching eight days about the country we united with the other forces under the command of General Gates about twenty miles from [Carolina?] then I saw several continental regiments but do not recollect the names of the officers commanding this from thence we marched within three or four miles of Carolina and then we met the British forces our forces were ordered & marched in the night for the purpose of gaining a certain position for battle next morning the crew marched to form and had a slight skirmish
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with the English dragoons & one of our eight horses was killed the British fell back and in line until next morning when the action commenced in the left wing the attack was made by the British we were directed not to fire a gun there was considerable fighting and the shooting in the left wing I was the right wing, the British forces continued to press forward our time by now to give ground and finally it a ground retreat at the right wing and we were thrown into confusion and every man took care of himself  This [illegible] of service lasted for five months or thereabouts I was under order for two months & about 20 days before I crossed into South Carolina when I remained there about three months. I cannot recollect the time or date when I was drafted nor the date when I [got out?] the service _  I do not now recollect the names of any other regular officers.  I have no documentary witness. I [illegible] of service by my brother Moses Upchurch.  
2nd:  I was in about nine months towards the close of the war again drafted for the term of three months in the County of Wake [illegible] at the Wake Court house under Captain Alsey High and was placed under the command of Colonel Wooten then marched to cross creek & remained on the site of the town of Fayetteville a fortnight or more.  we marched into the counties of Moore Sampson and other counties determining to bring the numerous Tories in those Counties into an agreement who continued to fly before us then marched to within four miles of Wilmington in which town the British were encamped we then escaped an engagement _ and while preparing for the same we heard of the Capture of Lord Cornwallis at Yorktown and we were ordered by our Captain to fire a salute as an expression of our joy for victory and before day broke the next
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morning the British encountered a deserted town_ left the tories who came out with a flag of Truce to General Butler who suffered them to pass without any molestation or injury.  We then marched eighteen miles up to the Red house when we were to receive money to bring us home we received nothing but a discharge which I have lost [struck through-and] or mislaid There was no continental troop [struck through-there] present - this term of service lasted three months & a few days. I have no documentary evidence - But can prove that I was in the service at this time by Moses Upchurch
I hereby relinquish any claim whatsoever to a pension or annuity except the present and declare that my name is not on the pension roll of the Agency of any State Sworn to and subscribed to the day & year aforesaid.       Nathan  his X mark  Upchurch  
residing in the County of Wake and State aforesaid hereby certify that we are well acquainted with Nathan Upchurch who has subscribed and sworn to the above declaration that we believe him to be Seventy two 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 to and subscribed this day & year aforesaid.    D. Holland   Jesse [illegible-Brower(?)]

And I Moses Upchurch the brother of said Nathan hereby certify that I believe him to be Seventy two years of age.  I know that he was drafted as stated in the 1st section of this declaration for I saw him muster into line & marched off in this service, and was [struck through-at] near home when I saw him on his return- he was absent about five months - as regards the second term of service I know he was drafted for three months and [illegible] from him while he remained in the service - and was at home when he returned with others.  I think he was absent more than three months. Sworn to and subscribed this 22nd day of November 1832   Moses  his X mark  Upchurch

And the said Court do hereby declare their opinion after the investigation of the matter and after putting the interrogations prescribed by the War Department, that the abovenamed applicant was a revolutionary soldier and served as he states.  And the Court further Certifies that it appears to them that David Holland Jesse [illegible] & Moses Upchurch who have signed the preceding certificates are credible persons and that their statement is entitled to credit
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J.B.S.King   Clerk of the Court of Pleas and Quarter sessions aforesaid do hereby certify that the forgoing contains the original proceedings of the said Court, in the matter of the application of Nathan Upchurch for a pension.  In testimony whereof I have heard.  Unto let my hand and seal of office this 22nd dy of November 1832  
B. S. King [illegible]  

Nathan Upchurch 
Declaration for a pension.
 
Hon. D. S. Barringer
Raleigh NC

[Seal] NORTH CAROLINA WAKE COUNTY COURT
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State of North Carolina
Wake County

Court of Pleas and Quarter Sessions
May session AD 1833

The amended declaration of Nathan Upchurch of Wake county in the [illegible]

Questions by the presiding justices holding Wake County Court it being a court of record.

Question When did you enter the service of the United States?

Question mention the period or periods of the time you served
Answer I entered the service on the third of April AD 1780 one thousand seven hundred and eighty and served five months (to wit) until the 3rd September AD 1780 - and on the fifteenth day of June AD 1781 I again entered the service and served three months to wit until the fifteenth day of September AD 1781.

Question Do you know of any clergy in the county or state acquainted with you or your revolutionary service.
Ans I know no clergyman who is acquainted with [illegible] or my revolutionary service within the county or [illegible] and no clergyman living in my part of the county.

And the Court do hereby certify & declare their opinion after this investigation of this matter and after [illegible] by the war [ellegible] that the above named  Nathan Upchurch was a revolutionary soldier and served as he states above and the court further certifies that it appears to them that said Nathan Upchurch David Holland Jessie Thomas and Moses Upchurch who have signed the preceding certificates to the original declaration [illegible] of this court and [illegible] persons and that their statement is [illegible] and order the clerk of this court to certify [illegible]

TL Barringer [illegible]
[illegible] of the court of the [illegible] for the county of Wake aforesaid do herby certify that the above proceedings were held in open court and that Daniel L Barringer Esq [illegible] as presiding magistrate of the [illegible] doing the same, being [illegible] sworn  [illegible] a Justice of the peace of said county. 

In testimony [illegible] seal of office at [illegible] this 22nd of [illegible] 1833

State of North Carolina
Wake County
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Nathan Upchurch
No. Ca.

Admit a private
8 mo $26.66

[illegible] W. Haywood
Raleigh

Hon. D. L. Barringer
Raleigh No. Ca.
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[pre-printed form]
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 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 necefsary [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 Nathan Upchurch

(1) Period when service was rendered.
(2) Duration of the claimant’s service. [subheadings] Years. Months. Days.
(3) Rank of the claimant.
(4) Names and Rank of Company officers under whom he served.
(5) Names and Rank of the General and Field officers.
(6) Battles in which tie applicant was engaged.
(7) Country through which he marched.
(8) Place of abode when he entered the service, and age at the present period.
(9) Evidence by which the declaration is supported.

[Entries under column headings above]
(2) drafted for 5 [months] or thereabouts
          ”            3 [months] and a few days
(3) Pri
(4) Capt. Lewis Bletcher, Col. Moore, Capt. Alsey High, Col. Wooten
(5) Genl. Gates
(7) From Wake Ct. House thru adjoining Co. crofsed [crossed] Cape Fear reiver thro intervening Co. to Yadkin river thence to about 20 miles from Camden From Wake into Sampson Moore to within 4 miles of Washington.
(8) 72 years     Wake Co. No. Ca.
(9) Witnefs [Witness

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 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.

	Slate, 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 provion [provision?] 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 (ƒ) 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 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 appeals 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 I 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 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
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will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County, in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.

The Court will propound the following (m) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.

1. Where and in what year were you born?

2. Have you any record of your age, and if so, where is it?

3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?

4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom?

5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services.

6. To a Soldier. Did you ever receive a discharge from 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 [t]he 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, front 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 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 he 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, 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 directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months, is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state that they served two years in the militia, &c. without specifying the tours, the names of the officers, and other particulars respecting their service. This form of 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 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.

In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses, who are required to set forth in their affidavits the time of the claimant’s entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.

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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[pre-printed form]
Rev War
7777
Invalid
File No. 7777
Nathan Upchurch
Prn [?] Rev War

Act: June 7th [th is superscript] 1832
Index:—Vol. 1st, Page 384
[Arrangement of 1870.]