Revolutionary War Pension and Bounty Land Warrant Application File R. 8,356, for William Porter, North Carolina

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SERVICE
N.C.

Porter, William

NUMBER
R.8356

CONTENTS

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State of North Carolina  
Buncombe County
     On this 1st day of August personally appeared before Thomas T. Patton and E. Hightower two acting Justices of the peace for the County of Buncombe William Porter and 
states his age 73 years on the 10th of January last 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 he entered the Army of the United States in the year 1780 in the month of November 
as he believes under Captain Forbush as a substitute for William Duke a three months tour in the County of Guilford in said State.  Joined the Army under General Green and served with him as follows.  The Army retreated to Dan River in Virginia.  Thence back to Guilford Court house at which place he was put on the Baggage guard & was not 
in the battle & the American Army then retreated across Dan River into Virginia where he had marched to Camden under General Greene and his three months expired as a substitute he was kept two months longer in this tour but was not a substitute after the three months expired: at Camden he was placed on the Purrey Guard and kept 
that station during the battle against Lord Rawdon and marched the prisoners from Camden to Charlotte North Carolina, from thence to Salisbury at which place he got his discharge in the month of April as he believes which is now lost or mislaid, after serving five months at this time.  He again was drafted by Captain John McAdoo for three months and was commanded by Colonel Pacely, this he 
thinks was in October in 1781; Colonel Pacely was pursuing Colonel Fannon (who was Colonel of the Tories) he pursued the Tories and frequently had scrimmages with the Tories, but did not take Colonel Fanning prisoner he served out this tour of three months and did not get any written discharge, and returned home.  After staying at home a short time he 
volunteered for two months in the company of Cavalry commanded by Captain McAdoo and 
Col. Pacely.  He was engaged this two months against the Tories in Guilford, Orange, Randolph and

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Chatham Counties, destroying their houses and routing them on all occasions.  He served out this two months which was in the winter of 1781 & and returned home, received no written discharge for this two months and never got any except a verbal discharge from my Captain.  He served two months in the Revolution.  He lived the greater part of his [word missing] in Guilford County and then moved to Burke County where he lived twenty five years and now lives in Buncombe County in said State and have lived here two years. 
He hereby relinquishes every claim whatsoever to a pension or annuity except the present 
and declares his name is not on the pension roll of the agency of any State. 
Sworn to and subscribed the day and year aforesaid 
Thomas T. Patton, JP 
 E. Hightower, JP                        
                       William P Porter
                          (P his mark)

We Tho T. Patton and E. Hightower both acting justices of the Peace for the County of Buncombe in the state No. Ca. do certify that William Porter appeared before us in the town of Asheville and made the following declaration and was sworn according to Law.  And I Tho. T. Patton (J.P.) do certify that I am acquainted with the declarant William Porter and certify that he is reputed to have been a soldier of the revolution and concur in that opinion.  sworn to and subscribed before us at Asheville on the 1st day of august 1833.  Witness our honor and Seals.
        Tho. T. Patton JP
        E. Hightower JP

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(This page is torn.)

I John Miller clerk of Bun...
Court do hereby certify that the...
proceedings contains all the matter...
cation of William Porter for...
In testimony I have hereto...
hand and affixed my s...
1st day August AD 1834
                 Jno Miller
                 Clerk of Buncombe County Court

     I have known William Porter ever since i was a boy he resided in my own county (Burke) for many years & to my knowledge was reputed to have been a soldier of the revolution & a true Whig.  He was an exemplary citizen for many years a member of the Baptist Church & of undoubted veracity & a man who would not make a false statement, much less swear to it.  He is entirely to be believed.
     It was my direction that the

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(This page is torn.)

...aration was made before two
...the peace instead of "in open Court"
...that the objects of the Dept. of ...
...that the applicant has
...sworn &c.  There was a previous declaration made by Wm. Porter which was not drawn in a satisfactory manner & I advised him to make out a new one which he has done.  Wm. Porter says that he distinctly recollects his Colonel but can't recollect his name now wile (sic) not sworn to it but says his name was probably Lack - It is well known that Frank Lack of Rowan was a Colonel during the revolution
     In a word I have no doubt of the truth of the statements of Wm. Porter as set forth in his declaration.  certified by me the 1st day of August 1833.
                Saml Carson

J.L. Edwards Esqr.

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Know all men by these presents that I Alexander Porter hereby constitute and appoint George B Ames of Washington City D.C. my true and lawful agent and attorney to prosecute the claims of William Porter for any ammount (sic) of Revolutionary pension or increase of Pension that may be due & I hereby authorize my said Agent to Examine all the papers and document in relation to said claim on file in the department at Washington City or else where to file additional evidence or arguments and to receive the certificate which may be made payable to Alexander Porter ___ and to (smudged), and to appoint one or more substitutes under him for the purposes herein expressed and to do all things that I might or could do (illegible) I personally pursuant hereby satisfying and confirming all that my said attorney and agent shall lawfully do in the pursuits.  Witness my hand and seal this 9th February 1852
Signed sealed and delivered
in private office
I.B. Sawyer JP
                     A Porter (seal)

State of North Carolina
Buncombe County
     On this the 19th of February 1852 before the subscribed a Justice of the Peace in and for the County aforesaid personally appeared Alexander Porter & acknowledged the foregoing power of Attorney to be his act and for the purpose therein mentioned.
              I.B. Sawyer  JP

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State of North Carolina
Buncombe County
     Be it known that on this the 19 day of February 1852 before the undersigned a justice of the peace in and for the county and state aforesaid Alexander Porter a resident of Buncombe County and made oath according to Law that he is the son of Wm. Porter, late of the county and state aforesaid who was a revolutionary soldier of the United States and applied for a pension under the Act of June 7th 1832 and that he has been informed that the said pension ought be allowed that he is directly interested as a claimant in said Pension and makes this affidavit to be filed with such additional evidence or arguments as my said agent may use in prosecuting said claim.
     A Porter
Sworn to and subscribed
before me 19th Feby 1852
year above mentioned
I.B. Sayer JP

I I.B. Sawyer Justice of the peace in and for said county do hereby certify that Alexander Porter who executed the foregoing paper is a respectable resident of said County of Buncombe and is I believe directly interested in said claim as therein set forth.
          I.B. Sawyer  JP

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State of North Carolina
Buncombe County
     I Robert B. Vance Clerk of the Court of Pleas and quarter Sessions for the county and State aforesaid do hereby certify that I.B. Sawyer who signed the foregoing is and was at the time of signing the same a justice of the peace duly qualified & commissioned to administer oaths and that the signature purporting to be his is genuine.
(seal)
     In testimony whereof I have hereunto set my hand and affixed my seal of office at office in Ashville this 19th of Feby 1852
                 R.B. Vance Clk
                 of Buncombe County Court.

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Wm. Porter
N.C.

L.l.m.

Ly. Insp: 109

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WAR DEPARTMENT,
Pension Office.
May 15, 1833

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 musts be removed, before a pension can be allowed.  The notes and the regulations will shew what is necessary to be done.  Those points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus}).  You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your claim.

A Statement, shewing the Service of Wm. Porter
Period when the service was rendered.
Shortly before the battle Guilford
drafted
vol.

Duration of the claimant's service.
Years.   
-
-
-

Months.
5
3
2

Days.
-
-
-

Rank of the claimant
Pri.
"
Pri cavy

Names and rank of the Field officers under whom he served.
Col. Peacely

Age at present, and place of above when he entered the service.
72 years
Guilford N.C.

Proof by which the declaration is supported.
Traditionary

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 offices, 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 

     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 first being duly sworn, according to law, doth on his oath make the following declaration, in order to obtain the benefit of the provision made by the act of congress, passed June 7th, 1832.  That he enlisted in the Army of the United States in the year (d)_____, with_____and served in the _____(e) regiment of the _____line, under the following named officers:______

[Here set forth the names and rank of the Field and Company Officers;  the time he left the service; (and if he served, under more than one term of enlistment, he must specify the particular period, and rank and names of his officers:} the town or county and State in which he resided when he entered the service;  the battles, if any, if which he was engaged and the country through which he marched.  This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.]
      
     He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll or any Agency in any State, or (if any) only on that of the Agency in the State of _____.                         A.B.
     Sworn to and subscribed the day and year aforesaid.
     [And then will follow the certificate of the Court.]

     And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states.
     I_____ of the Court of _____ do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the 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) herby certify, that we are well acquainted with _____, who has subscribed and sworn to the above declaration; that we believe him to be _____years of age;  that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.
     Sworn and subscribed the days and year aforesaid.
     [And then will follow the certificate of the Court.]
     And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states.  And the Court further certifies, that it appears to them that A.B. and that C.D., who has also signed the same is a resident in the _____ and is a credible person, and that their statement is entitled to credit.
     I, _____Clerk of the Court of _____do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of ____for a pension.
                     In testimony whereof, I have hereunto set my 
                     hand and seal of office, this ____day of 
                      _____&c.

Every applicant will produce the best proof in his power.  This is the original discharge or commission;  but if neither of these can be obtained, the party will so state under oath, and will 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 product such evidence or not, proceed to relate all the material facts which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his

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alleged service, as they are known at the Department.  A very full account of the services of each person alleged service, as they are known at the Department.  A very full account of the services of each person will be indispensable to a favorable action upon his case.  The facts stated will afford one of the principal means or 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 ex-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?
     How were you called into service;  were you drafted, did you volution, 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 the 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.

(The following are small type footnotes at the bottom of the page.)

[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 claim cannot be had.  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 Just of the Peace, &c. A.B. who, being duly sworn deposeth and saith, that, by reason 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 a declaration is highly objectionable.  It must, in every case, be clearly shown under what officers the applicant served;  the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
     [f]  The law makes the 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 ribbons, 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.
     [j]  The notes from [a] to [i] are 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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Page contains one black square.

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     The Records show some payments to William Joshua Porter, which I have not entered in my certificate.  I have made up the statement with much care, and it is a strong case.  I hope you will recover a large amount as I think you are justly entitled to.
     The Records in my office do not show that he was higher in office than Capt. and there is no evidence of the length of time he served.  That can only be arrived at by the amount of pay he was allowed.
    I will examine for the name of Dan'l Sisk in a few days, as soon as i can spare the time, and find the evidence if there is any in my office.
             Very respectfully
             Your ob't serv't
                   C.H. Brogden

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8350
P.O. ___
William Porter
Service: ___
REJECTED
Enlisted: ___, 18
Discharged: ___, 18
Application filed: ___, 18
Alleges:
Re-enlisted:
Attorney:
P.O.
Recognized.  Con (paper folded)
Cert. of Dis.   Searched for ___

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Messrs. Thompson & Jones
Sept 18, 1833

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Pension Office,
Sept. 18, 1857.

Gentlemen:
     I have received from you a certificate of the Comptroller of North Carolina, showing payments made to Capt. William Porter of the Revolutionary war, which you request may be filed in support of the suspended claim of William Porter deceased, of N. Carolina.
     There is but one suspended claim in this name in the Pension Office, and this claimant was not a captain.  Another person has a power of Attorney in the case, while you have not.  Please explain the nature of the claim you represent.

Messrs. Thompson & Jones
Present.

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Washington Sept. 15th 1857.
To Hon. George C. Whiting
Commissioner of Pensions

Sir,
     Enclosed please find certificate of the Comptroller of the State of N.C. in the case of heirs of William Porter, Captain, North Carolina, application for Revolutionary Pension, which we desired may be filed, and the case examined.  If the certificate for pension should issue, we desire that it may be sent to us, attorneys in fact, for the said Heirs.
          Very respectfully
          Thompson & Jones
          Washington
           D.C.

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Geo. C. Ames Esqr
June 22nd, 1852

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Pension Office,
June 22, 1852

Sir:
     I have examined the declaration of Wm. Porter of N.C. under Act of 7 June 1832 made in 1834.  When you furnish the necessary evidence of service the claim may be allowed.  

Geo. C. Ames, Esqr
Present.

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Wm. Porter, dec.
N.C.
Act 7 June 1832

Let June 22 '52

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Washington March 9th 1832

James E Heath Esq
Sir
     Enclosed you will find the original application of William Porter for a Pension under the Act of 7 June 1832 from North Carolina.
     You will please cause these papers to be examined and the defects if any there be pointed out.  I will have the Office of the Comptroller of North Carolina examine and will provide any evidence which may be found as to the service of Porter found therein as early as possible.
                  Very Respectfully
                  Your obt sevt
                       Geo. C. Ames

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DH Porter

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State of North Carolina
Comptroller's Department
     I C.H. Brogden, Comptroller of Public Accounts in and for the State aforesaid, do hereby certify that it appears of record in my office among the payments made by said State to sundry persons for Military service in the Revolutionary War as follows:
Capt. William Porter
Book, Comptroller's Office, Kinston, NC
L 974 16 Currence - allowed by a committee of Claims as per Report dated October 1779
Book No 23 Page 30 L5-0-0    August 26, 1783
Indent No 1431         L9-0-0    Sept. 15, 1783
Book No 8 Page 9     L19-18-0 April, 1784
Book L No 2 Page 18 L-5-5-0   
Book C No 13 Page 58  L29-0-0
Book No 177  Page 9     L66-6-8
Book No 178 Page 16    L4-5-5
Book No 178 Page 26    L160-0-0
Book No 24 Page 86       L7-12-0

See next page

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     In testimony whereof I have hereunto set my hand and affixed my seal of office at the city of Raleigh, this 4th day of March 1A.D. 1857

        C.H. Brogden
        Comptroller
           N.C.

(seal)

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State of North Carolina 
Buncombe County
     This day personally appeared before me the Thomas T. Patton an acting justice of the peace in and for the said County William Robinson4 who having been by me duly sworn States on his oath that William Porter whose declaration is hereunto attached did join the Army of the United States with him and served with him under General Green as a soldier, and that he was duly discharged according to law, but does not recollect the dates -- 
Given under my hand and seal 23rd day October A.D. 1834 
Thomas T. Patton, JP 
                              Wm Robinson 

     I John Miller clerk of Buncombe County do hereby certify that Thomas T Patton is an acting justice of the peace in and for said county and that his signature as above is genuine.  In testimony I have hereunto affixed my seal of office and subscribed my name this 23rd day of Oct AD 1834
               Jno Miller
               Clerk of Buncombe County Court