Revolutionary War Pension and Bounty Land Warrant Application File S. 2562, Frederick Foscue, N.C. Privateer

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SERVICE  N.C.
NUMBER S. 2562
Foscue, Frederick
Privateer

Born in NC
Carded

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12440
North Carolina
Frederick Foscue
of Jones in the State of N. Car
who was a pri in the - commanded by Captain - of the Reg commanded by Gen Avery in the N. Car line for 6 months

N.C. and Privateer Records OK
Jany 14 04
inscribed on the Roll of N. Carolina 
at the rate of 20 Dollars - Cents per annum,
to commence on the 4th day of March, 1831.

Certificate of Pension issued the 30 day of Apr 33
and such pensioner
Trenton Jones Co. N.C. 
Arrears to the 4th of March 33   40
Semi-ani allowance ending 4 Dep 10
50
{Revolutionary Claim,
Act June 7, 1832}
recorded by Nathan Rice Clerk,
Book E Vol. 6 Page 40

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State of North Carolina
Jones County
Court of Pleas and Quarte Session
March Term 1833
On this 12th day of March personally appeared in open court before the Justice of the Court of Please and Quarter session of Jones County, now sitting Frederick Foscue a resident of said county and State aged 67- 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 papered June 7th 1832 This applicant in the January of 1780, shipped at Durham on board the Brig Industry, attached to Harly's fleet. The Brig was armed and belonged to Sherman Nash in part. We were bound to St Eastating arrived in the neighborhood of the Island were attacked by the British cruisers in the night at Eastating. We came to anchor in the midst of the British fleet, Commanded by Admiral Rodney supposing them to be Dutch. We were boarded by the ships boats + taken after some fighting. We were made prisoners after and sent to Antigua, + were kept in prison until the month of July + we then returned home being discharged After we returned home hearing that the British were Coming to Newbern, we were ordered out under the Command of Saml Linnington, Col Avery + Capt Fred R Horgate. I was in Jones County when ordered out + marched up in the neighborhood of Sandiers Bridge when a party from troops + the enemy had a skirmish. I was in it. We followed the skirmish toward Newbern, they having passed us, in order

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to keep down the tories. We continued under army until the Spring after the British had evacuated New Bern to keep down the tories, they had done much damage + killed some of our best men. We were in the service upward of 6 months. After we were discharged I went again to Newbern shipped on board the private armed Brig Edwards of Sixteen Jany, Commanded by Capt Brodhume. We cruised off Charleston + engaged a copper bottomed brig belonging to Glaskow + captured her. The Brig was well armed + we had a considerable fight. Some short time after this we were pursued by two English frigates + we abandoned on prize, there having losses but a few men after the Captain to the time of the pursuit we had not time to rescue the prisoners. We had no men fighting + after taking on the small prizes we went into port and anchored at Newbern

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He herby relinquishes every claim whatever to a pension or annuity except the present + declares that his name is not on the pension Roll of the agency of any State-
Frederick Foscue
Sworn to + subscribed the day + year above written
A Bryant

We F Daval a clergyman and Rich Daniel, H.H. Hammond + Jos F Koonce of the county of Jones and state aforesaid hereby certify that we are acquainted with Frederick Foscue who has subscribed + sworn to the above declaration, that we believe him to be sixty seven years of age: that he is reputed + believed in the neighborhood where he resides, to have been a soldier if the Revolution that we concur in that opinion.
F. Duval
R.M. Daniel 
H.H. Hammond
Jos L Koonce
Sworn to + subscribed the day + year above written
A Bryant

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1- Where and in what year were you born 
Ans- In Craven County at the time of my birth now Jones in the year 1766
2- Have you any record of your age and if so where is it?
Ans- It is in my own family Bible in Jones County
3- Where were you living when called into service, where have you lived since the Revolutionary war, where do you now live?
Ans- I was living in Newbern when I first went- the (illegible) time in Jones - have lived in Jones ever since the Rev War + now I live there
4-How were you called into service? were you drafted, did you volunteer or were you a substitute if a substitute for whom?
Ans- I first volunteered to sea- + was only about 14 when I joined the army + went (illegible)  was never a substitute
5- State the names of some of the Regular officers who were with the troops where you served, such as Continental Militia regiments as you can recollect, and the General circumstances of your service?
Ans- When I served there were no regular officers with us, that I know William Rush who was in the Continental Line he was an Lieutenant Rush was with us when we mustard together but did not serve in the company where I was - We did not go by and the edge of Jones Duplin - Beaton, Blatcher + Franks there of then smartest men were killed by the tories

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6- Did you ever receive a discharge from the service, and if so where was it given, and what has become of it?
Ans- I never received a discharge
7- State the names of persons to whom you are known in you present neighborhood, + who can testify to you character for veracity - their belief of your service as a soldier of the Revolution
Samuel Simmons, Risden Mc Daniel, Owen R Coe, Emmanuel Jamson
Frederick Foscue
Sworn to + subscribed on the day and year above written
H. Bryant

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and the said Court do herby 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 just he states. And the Court further certifies that F Deval is a respectful clergyman of this County + that R W Daniel. H H Hammond + theo J Koonce are also respectable residents of said County + magistrates of the same + the whole of the foregoing declaration + certificate have been signed + sworn to this 12th day of March in open Court + are in this opinion entitled to entire credit
V Fuller Baton JP
J S Koonce JP
Nathan Foscue JP

I Hardy Bryan, clerk of the County Court of Jones in the State of North Carolina hereby certify that the foregoing are the original proceeding had in this court this 12th of March 1833 with you to the application of Frederick Foscue for a pension, that the names signed above as the Court now sitting are those of the perrons they represent + that they are magistrate of this County 
In Testimony where of H Bryan

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said Hardy Bryan do hereby annex the seal of this Court + my own signature
H Bryan clerk

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Frederick Foscue
241.20

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Frederick Foscue
N.C. No. 24120


amount as pension
$20

applicant Trenton
Jone Co
N.C.

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Sir,
The evidence in support of your claim, under the act of June 7th 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 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 shew what is necessary to be done. The 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 Frederick Foscue
Period when the service was rendered.
Jany 1780
Shipped on board the brig Industry attached to Stanly's fleet was made prisoner and remained so until July was then disch. returned home and was called out under was in this service upwards of 6 months
Year
Months
Days
Rank of claimant
Names and rank of the Field officers under whom he served.
Cols Livingston and Avery
Age at present, and place of abode when he entered the service.
67 years
Newbern N.C.
Proof by which the declaration is supported.
Traditionary

I am,
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 constructed to extend, as well to the line, as to every branch of the Staff of the Army and to include under the terms “Continental Line,” “State Troops,” “militia,” and “volunteers,” all persons enlisted, drafter, or who volunteers 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, Boatman, &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, claim in 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 off _______ 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 ______ € regiment of the _____ line, under the following 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 clarify 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 county 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 names 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.                                                                                                                      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; 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 the 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 proceeding 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, 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 on 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, of 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 on 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 propose 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 where 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?                                                        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 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 he answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth is 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 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 of 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 od 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 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, deposet 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 to indefinite and all such qualifying expressions are objectionable. It must, in every case, be clearly shown under what officers the applicant served, the duration of each term of engagement; names of the officers, and other particulars respecting their service. This form of a declaration is the particular place or places where the service was performed; that 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 not 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 paper which contains the affidavit, or other papers authenticated, the certificate must be attached thereto by a piece of narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, to as to prevent any paper from being improperly attached to the certificate.
                                                                          Proof of Service.                                                                                                                     {j} In the case where the nae of the applicant is not found in 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, 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 witness and the official character and signature of the magistrate must be certified by the proper officer, under the seal of office. {l} The notes from (a) to (m) are equally applicable to the case 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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REVOLUTIONARY WAR RECORDS SECTION
3-525
DEPARTMENT OF THE INTERIOR,
BUREAU OF PENSIONS
Washington, D. C. 
In reply to your request of ______ received _______
for a statement of the military history of Frederick Foscue a soldier of the REVOLUTIONARY WAR, you will find below the desired information as contained in his application for pension on file in the Bureau. 
S 2562
DATES OF ENLISTMENT OR APPOINTMENT.
In Jan 1780, he shipped out of Newbern on armed brig "Industry" in frigates off St. Martin's and St. Aeustatius, captured in the latter and imprisoned at Antigua until exchanged in July.
6 months Frederick Hargate
Shipped at Newbern on private armed brig "Edward" 
RANK.  Pvt
OFFICERS UNDER WHOM SERVICE WAS RENDERED.
Captain Fredirick Hargate, 
Col Avery
STATE. N.C.
Battles engaged in, see above
Residence of soldier at enlistment, Newbern
Date of application for pension, Mch 12 1833 his claim was allowed
Residence at date of application, Jones Co. N.C
Age at date of application born in 1766, in Craven Co. NC 

RECEIVED MAY 17 1944
Respectfully,
Commissioner

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A.F. WHITFIELD Pres
E.C. WHITFIELD Genl. Mgr.
A.F. WHITFIELD Jr. Sec and Treas
ALL ORDERS AND CONTRACTS SUBJECT TO CAR SUPPLY, STRIKES, ACCIDENTS AND CAUSES BEYOND OUR CONTROL WE DO NOT GUARANTEE FRIEGHT RATES
CLOVER FORK COAL COMPANY
SALES BASED ON RAILROAD WEIGHTS, NO DEDUCTION MADE FOR LOSS IN TRANSIT, QUTATIONS FOR PRESENT ONLY UNLESS OTHERWISE SPECIFIED
Kitts, Kentucky    April 18, 1929
Commision of Pensions,
Washington, D. C. 
Gentlemen,
Have you any record showing that the following Frederick Fortescue or Foscue, Brya Whitfield and Newham Whitfield.
Our family Tradition is that Frederick Fortescue joined the Navy in 1780 and that Bryan and Newham Whitfield served as clerk to Col. Caswell.
Thanking you for what information you can give me,
I am Yours truly
A. H. Whitfield J

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Mrs. I B Smith
120 Maryland Ave
Washington D.C.
Algiers apt no 1

personal inquiry for Frederick Foscue
S. 2562 on Nov. 1, 1920

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Nov 1
Submit

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2084907
WAR DEPARTMENT
THE ADJUTANT GENERAL'S OFFICE
Washington, October 5, 1913.
Respectfully returned to 
Mrs. R.B. Patton,
City Hall Building
Livingston, Alabama
Neither the name John Foscue, Frederick Foscue nor Simon Foscue has been found on the rolls on file in this office of any organization of North Carolina of Continental Troops in service during the War of the Revolution.
The collection of Revolutionary War records in this office is far from complete, and it is suggested as a possibility that the desired information can be obtained from the State Auditor of North Carolina, Raleigh, or from the Commissioner of Pensions, Washington, D.C.
Geo Anderson
The Adjutant General

Pension Office
Oct 30 1913

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Livingston, Ala. Oct 28 1913
Commissioner of Pension
Washington D.C.
Dear sir
I have just received the following communication above from Mr Anderson the Adjutant General. Will you kindly see if you have any record in the manner of : john Foscue, Frederick Foscue or Simon Foscue on your Revolutionary War lists
thanking you for your kindness Respectfully
Mrs R B Patton

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1913 Nov 3 hist  to Mrs. R.B. Patton
1920 Dec 6, hist to Mrs. M B Smith
1929 May 6, hist A.F. Whitfield M.E.E.

Rev War  2562
INVALID
File No. 2562
Frederick Foscue
Pri Rev War
Act June 7, 1832
index:-Vol. A, Page 128
[Arrangement of 1870]

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Rev. and 1812
Wars Section
MEE/eel
May 6, 1929
A.F. Whitfield
Clover Fork Coal Company
Kitts, Kentucky
Sir:
I advise you from the papers in the Revolutionary War pension claim S.2562, it appears that Frederick Foscue was born in 1766, in Craven, later Jones County North Carolina
While residing in New Bern, North Carolina, in January 1780, he shipped at said New Bern in board the armed brig "Industry" was in engagement off St. Martins and St. Eustatius, was captured in the battle and imprisoned at Antigua until exchanged in July.
Shortly after his return home, he enlisted and served six months  as a private in Captain Frederick Hargate's Company, Col. Avery's North Carolina Regiment.
He shipped under Captain Goodhue and was in an engagement off Charleston, length of service not stated.
It was stated that soldier's brother Stephen Foscue,

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went into the service with him and never returned, no further details given.
Said Frederick Foscue was allowed pension on his application executed March 12, 1832, while a resident of Jones County, North Carolina.
It is not stated that he was ever married.
The Revolutionary War records of this bureau fail to afford any information in regard to Bryan or Newham Whitfield.
Respectfully E.W. Morgan
Acting Commissioner

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State of North Carolina
Jones County March 11th 1833
Personally appeared before me one of the Justice of the peace's of said County Amos Amyett and being duly sworn on thee holy Evangelistis deposeth + saith that he heard his mother say that Frederick Foscue and his brother Stephan Foscue went to the war of the revolution stayed along time and he Frederick Foscue returned and that Stephan never returned and for they sayeth not. Sworn to before me Amos Amyett

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THE NATIONAL ARCHIVES
Form VAM-51
12-5-41
BOUNTY LAND WARRANT RECORD CARD*
Division of Veteran's Administration Archives
NAME Fosdick, James 
GRADE private
LINE Connecticut
WARRANT NUMBER 5776 
ACREAGE 100
ISSUED May 7, 1792 
to Thomas Stanley