Revolutionary War Pension and Bounty Land Warrant Application File R. 3764, James Frazar, N.C. Privateer

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N.6.                    Frazar, James          R. 3764
Privateer            Frazer

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James Frazer
           21206

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State of North Carolina Onslow County
On this 6th day of November A.D. 1832 personally appeared in open Court, before the
Worshipful the Court of Pleas and Quarter Sessions for the County of Onslow, now sitting, James Frazar a resident of Onslow North Carolina aged Sixty-nine years, who being first duly sworn according to law, doth on his oath, make the following declaration in order to obtain the benefit of the Act of Congress passed June 7th, 1832. That when this applicant was sixteen or seventeen
years old, he was drafted by Colonel Thomas Johnson [Lieutenant Colonel Thomas Johnston], and when he ascertained that this applicant was so young this applicant volunteered, at the suggestion of this applicant's uncle, and was put under the command of Captain James Foy, and
marched through Duplin County to Cross Creek where they were joined by General Caswell
[Richard Caswell], and a large Regiment of troops; Under the command of General Caswell we marched up to the Cape Fear River and then crossed over to Haw River, marched through th Western part of the State to the South Carolina line, and went on towards Camden, but before we reached Camden, we were joined by General Gates [Horatio Gates], and a Regiment of
Continental troops -- we continued our march until

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we reached the direct road leading to
Camden, there the American troops embodied, & we continued our march, until we arrived near
where Lord Cornwallis lay in camp, all that night preceding the Battle we lay on our arms, about
sunrise the next day the American and British forces engaged [August 16, 1780] -- the British
forces charged with great fury and the American Militia broke ground, and left the Continental troops, to bear the brunt of the onslaught -- they after a short resistance, were compelled to seek safety by flight; And thus the whole American Army was completely routed and dispersed. This applicant in company with a remnant of the Militia [made the crossed out] Army whom was Captain Foy and
Sergeant Hicks, made the best of his way home, where he remained a fortnight, until he was ordered by Captain Foy, to meet at the Richland Chapel in Onslow, where he met others of the Militia, and under Captain Foy, this applicant marched to Kinston in Lenoir County, where we were joined by Major Simons from Currituck County, and carried thence to Hillsboro, and thence to Shallow Ford on the Yadkin River where we were relieved by another Regiment, and discharged by Captain Foy. On the West of Hillsboro we were joined by Colonel Benjamin Axum and his Regiment, who marched with us to Shallow Ford, where they were discharged also. This applicant received a discharge from Captain Foy, but lost it, which

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fact being known
to Colonel Grant, he gave a discharge to this Applicant, which is herein filed marked A & dated [Sep 6 crossed out] 1780. This applicant in this service along to the 1st Regiment, served 3 months. This applicant was again drafted under the authority of Colonel [Lieutenant Colonel] Reuben Grant, in 1781, 
and rendezvoused at the Richland Chapel in Onslow County, and marched to the Cross Roads through Duplin County, where we remained some time, waiting the approach of Major Craig [James Craig] and his forces from Wilmington & then returned to the Richland Chapel, where we encamped for some time; after two months of this applicant's time of service had expired, he was discharged by Colonel Grant, as will appear by his discharge hereto annexed marked B, and he
enlisted at New Bern on board the Privateer Edward, commanded by Captain Isaac Goodhue; Joseph Scott Crea, was Capt of the Marines; this applicant served on board of this Privateer two months, and at sea fell in with the troops of Cornwallis, on their way to Charleston, to go to home to England. This applicant has no documentary evidence to support the statement herein contained. He hereby relinquishes every claim whatever to a pension or annuity except the present and declares that his name is not on the pension

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roll of the agency of any State.
Sworn to & subscribed the day & year aforesaid.
[signed] James Frazar
[signed] DN Sanders clerk

We John Trott and George A Thompson abiding in the county of Onslow duly certify that we are well acquainted with Sam Frazar, who has subsided and sworn to the above declarations; that we believe him to be sixty-nine years of age; that he is reputed and believed in teh neighborhood where he resides to have been a soldier of the revolutions & that we concur in that opinion. --
[signed] John Trott
[signed] George A Thompson

D N Sanders clerk


Interrogatories: Where and in what year were you born?
Ans: In Onslow County North Carolina March 17th A.D. 1763 --
2nd Have you any record of your age and if so where is it?
Ans: I have in my Bible and also in a prayer book both of which I have in my possession at
home.--

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3rd Where were you living when called into service: where have you lived since the
Revolutionary War and where do you now live?
Ans: In Onslow, I have lived there since the Revolutionary War and still continued to reside
there.
4th How were you called into service; were you drafted; did you volunteer or were you a
substitute, and if in substitute, for whom?
Ans: I was drafted & being found very young I volunteered under Colonel Thomas Johnson, and
I was drafted by Colonel Reuben Grant
5th State the names of some of the regular officers who were with the troops when you served, such Continental and militia regiments as you can recollect and the general circumstances of
your service.
Ans: General Caswell, Colonel Benjamin Axum, Colonel Thomas Johnson and Colonel Reuben
Grant. I was in the 1st Militia Regiment & the Continental Regiment I do not recollect we
marched through the State of North Carolina into South Carolina, were defeated at Camden,
served again in the Militia, was discharged at Shallow Ford on the Yadkin River and served two months in the privateer Edward.

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6th Did you ever receive a discharge from the service, and if so, by whom was it given and what has become of it?
Ans: Yes, I received 2 discharges from Colonel Reuben Grant and they accompany this
declaration.
7th 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 in your services as a soldier in the
revolution.
Ans: William Jones, David W. Sanders, Hardy O. Newton, Edward Jones, Nicolas H. Jones,
Mitchell Barbour, John Lloydd and John Tallmon.
Sworn to & subscribed the day and year aforesaid.

[signed] James Frazar
[signed] DN Sanders clerk

And the said court do hereby declare their opinion after the investigation of the matter and after putting the interogation, [provided?] by the War Department, that the above named applicant was a revolutionary soldierof Onslow as he states; And the court further certifies that it appears that there is no clergyman residing in the

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neighborhood of the applicant, and that John Trott and George A Thompson who have signed the preceeding certificate are resident of the county of Onslow, and are credible pastors, and that this statement is credited to [illegible]

I David W Sanders, Clerk of the court of Pleas and Quarter Sessions for the County of Onslow do L[word cut off] certify that the foregoing contains the original proceedings of the said court, in the matter of the application of James Frazar for a pension. -- In the testimony whereof, I have herunto set my hand and seal of office this 6th day of November AD 1832--
[signed] DW Sanders clerk

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James Frazer
N.C.
No. 21206
Reject [Illegible] _2
[illegible] 
[illegible]
I.L.
Rejected
see letter to D. W. Sanders
Apl 20.33

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WAR DEPARTMENT
Pension Office,
Apl, 20 183

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 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 regulations will shew what is
necefsary [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, Shewing the service of James Frazer

| Period when the service was rendered |
1780 [illegible]
1781 drafted
enlisted
|Duration of the claimant's service, | Years. | Months. | Days. |
[0] 3 [0]
[0] 2 [0]
[0] 2 [0]
| Rank of the claimant. |
Pri.
"
| Names and Rank of the Company officers under whom he served. | 
Capt. Jon Foy
Capt. I. Goodhue
|Names and Rank of the General and Field officers. |
Col. Thad Johnson
Genl. Caswell
Col. R Grant
| Battles in which the applicant was engaged. | 

|Country through which he [illegible] |
thro' Smith Co. to Coop Creek
thro' the western part of N.C. to S.C.
| Place of abode when he entered the service, and age at the present period. | 
69 years
Onslow Co. N.C.
| Evidence by which the declaration is supported. |
Documentary
Traditionary

I am, respectfully,
Your obedient servant,
J.L. Edwards,
Commissioner of Pensions.

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2
Regulations under the act of June 7, 1832
The following regulations have been adopted:
This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army,
and to include under the terms "Continental Line," "State troops," "militia," and "volunteers, all
persons enlisted, 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.
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, with
and
served in the
(e) regiment of the
line, under the following names

Here set forth the names and rank of the Field and Company Officers; the time he left the service; (and if he serv [illegible] the particular period, and rank and names of his officers) the town 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.
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
hereby certify, that we are well acquainted with
and C. D. residing in (the same)
who has
subscribed and sworn to the above declaration; that we believe him to be
years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier
of the Revolution, and that we concur in that opinion.
Sworn and subscribed the day and year aforesaid.
And then will follow the certificate of the Court.

And the said Court do hereby declare their opinion, after the investigation of the matter, and after
putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary
Soldier, and served as he states. And the Court further certifies, that it appears to them that A. B.
who has signed the preceding certificate is a clergyman, resident in the
and 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.
1
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 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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3
 will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, 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 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 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 bis 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 mouths 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 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 au embodied corps called into service by competent authority that lie 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 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 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 [j] 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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[crossed out- county clerk
Onslow co.  [illegible]  ]

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Revolutionary
Claim of heir of
James Frazier
N. Carolina
Filed 10 March 1833
FE Hassler
Washington

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(3-1776)      C 
Service        Number
A6               Frazar, James       R. 3764
Privateer     or Fraser

Contents

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James Frazar or Frazer
R. 3764
N.C.

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This May Certify That James Frazar, Junr. has at alarms at Sundrey times served a Militia Tour
of Duty. He is therefore Discharged until he comes to his turn in Rotation. Sept. 12th 178[ last digit covered by an ink blot]
R. Grant, Colo." [Reuben Grant]

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James Frazar or Frayer
R. 3764
N.C

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This May Certify Jas. Frazar Junr Ser'd One Militia Tower [Tour] of Duty, to the Sothad Under Command of James Foy, he is there for Discharged until it comes to his
Turn in Rotation. Oct. 10th 1780. 
[signed] R. Grant, Colo. [Reuben Grant]

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[crossed out- Acts of July 14, 1862 and March 3, 1873.]

3764
P.O.  James Frazer

Service: _____
Enlisted: ____, 18
Discharged: ____, 18
Application filed: _____, 18
Alleges:__________
RE-enlisted;_________
Attorney: ______
P.O.________
____recognized.   ______ Contract.


[Stamped across form] REJECTED

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David W. Sanders Esq
Clk: Onslow Co.
        Onslow C. H.
NC

Apl 20. 33-
O.C.

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War Department
Pension Office Apl 20 1833

Sir 
The claim of James Frazer has been examined and rejected on the [illegible] that he did no perform six month military service -- [He crossed out]
He allege to have served in all seven months, two months of which however, was on board a privateer, -- for this species of service, no law grants a pension -- 
Sam

David W Sanders Eq
Clk Court Plea & Q Sessions
Onslow 
Onslow Co
NC

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No 21206
James Frazer 
NC

3164

Rejected
See letter to DW Sanders
Clk Court Onslow Co
NC April 20 1833

[Lib?] 22 My - 183[4?]
JW Bryan
Onslow Co 
NC
Same Ma 15 1841

[noted in pencil on bottom]
Rejected, act 1832

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[postal stamp] 
Newbern NC Mar 7  
FREE  

Secretary of War 
Washington City   

1379  March 13, 1841 
Pension office  
Jas Frazier 
N.C. Case

Page 26

[postal stamp]
Newbern NC Mar 7
 
FREE

Secretary of War
Washington City


[upside down at bottom]
1379

March 13, 1841
Pension office

Jas Frazier
N.C. Case

Page 27

Dear Sir;

James Frazer is dead and his children are desiring that you should send all of the  [illegible] papers, which was forwarded to your department upon his application for a pension to mr. Brice Fratt at Onslow Court House, No. Carolina.  
Respectfully your bot svt.
J. D. Bryan

Hon Secretary of War

Onslow Co. March 3, 1841

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May 16. 1834
Pension Office

Onslow Court House NC
May 10th

Hon Lewis Cass
Secretary of War
Washington City

Page 29

May 16. 1834 
Pension Office  

Onslow Court House NC 
May 10th  
Hon Lewis Cass 
Secretary of War 
Washington City

Page 30

[illegible] Court
May 5, 1834

Sir,

A worthy and highly respectable old gentleman Mr James Frazer, my [illegible]
sent in to your dispar a declaration of claiming compensation for his services as a soldier of the Revolution under the late act of [illegible] - 
he has served seven months on land and two on the water, but omitted to state his whole term of service and is informed that he is entitled to no compensation for his [illegible] Service. - He is aged [illegible] and needs aid from the government, and wishes to amend his declaration by stating the whole of his land service. - Mr Frazer [illegible] me to request you to send on to me in NewBern  NC a copy of his declaration, that is now on file in your office. - 

Very respectfully yr[illegible]

J. W. Bryan

P. S. Mr James Frazer is the old gentleman of name

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Onslow Court
May 5 1834

Sir
A worthy and highly respectable old gentleman W James Frazer has heretofore sent in to your department a Declaration claiming compensation for his service as a soldier of the Revolution under the late act of Congress - he served seven months on land and two on the water, but omitted to state his whole term of service and is informed that he is entitled to no compensation for his sea service. . -- He is aged [illegible] and needs aid from the government, and [wyly?] to ammend his Declaration by stating the whole of his land service. -- W Frazer, [illegible] me to request you to send on to me in Newben NC, a copy of his Declaration, that is now on file in your office. -- 

Very respectfully your Obe Ser 
J W Bryan

P.S. W James Frazer is the old gentlemans name. --