Revolutionary War Pension and Bounty Land Warrant Application File S. 3197, Francis Coley, N.C. Va.

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SERVICE
N.C. 
Va.
Coley, Francis   
NUMBER 
S. 3197
carded
CONTENTS

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[section missing] 3373
[illegible] Tennessee 
Francis Coley
Smith in the State of Tennessee + was a private in the [illegible] commanded Captain Taylor of the reg. commanded ------------- in the Virginia for 1 year and 8 months

VA and NC Line. Records corrected Feby 15, 04

Inscribed on the Roll of West Tennessee the rate of 66 Dollars 66 Cents per annum, commence on the 4th day of March, 1831.

Certificate of Pension issued the 31 day of Dec. 1833 and the J H Eaton Present

Arrears to the 4th of Sept. 166.67
Some-amt. allowance ending 2 March 33.33 =
$200.00

[Revolutionary Claim, }
{Act June 7, 1832.}

Recorded by Danl Boyd Clerk,
Book E Vol. 7 Page 75

Died Sept. 19, 1840 (db)

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Declaration of Francis Coley in order to obtain 
the benefit of the Act of Congress of the 7th of June 1832.= 
On this 28th day of November 1833 personally appeared in open Court before the worshipful Exeum Whitley, Solomon Debow and John Chambers Justices of the court of Please and Quarter sessions for the County of Smith in the State of Tennessee the same being a court of record. Francis Coley aged 77 years according to the family register a resident of the said county of Smith 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 service of the United States in the Revolutionary War as well as he remembers from old age and the consequent loss of memory the 18th of September 1776 that he volunteered as a minute man in the militia raised in Charles City County in the State of Virginia at the time aforesaid and was attached to the company commanded by Captain Richard Taylor the company rendesvoused at Charles City Court House. and from there marched to a place

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called sandy Point on James river VA. (just above old James Town) where Barracks were built - and where the Corps to which Declarent - belonged together with other Troops were stationed - the militeering forces at this point were under the command of Major Edler perhaps the commander in chief of the division was Genl Nelson who resided at Little Rock - but of this he cannot speak with certainty. the object of Troops being stationed at this point was to cut off the supplies of provisions which might be attempted to be furnished the British enemy and to prevent the passage of vessels or any kind of craft up and down the river while stationed there they brought in a vessel loaded with flour this ship of flour was recaptured by two - British - ships that sailed in and after considerable resistance and a smart action between his corps on land at the fortress - and the British on board of their ships Declarent volunteered in this service for twelve months he was however only detained 8 months + 15 day in constant and active service and was discharged by Major Edler and returned home to Charles City County. declarent was again called into service by being drafted in the militia raised

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in Charles City County in the State of Virginia the last of July or the first of August 1778 and was attached to the Company commanded by Captain Peter Royster - his company rendezvoused at Charles City Court house and marched from there to Williamsburg in VA . the then Seat of Government of Virginia - there his corps joined other militia forces and some regular troops that wee stationed there for the purpose of evading the public records, defending the town and the person of the Governor and men held in readiness to do any other service they might be called to perform. Declarant was engaged in this service for three months and was discharged and returned home to Charles City County. in the year 1779 Declarant emigrated to the County of Halifax in the State of North Carolina in the month of October 1779 he volunteered under Captain Thomas Scurlock for six months in the militia raised in that county his company rendezvoused at Halifax Court House and there joined the troops raised for the Southern Expedition there was placed under the command of general Ashe + Eaton, Colos. Etherton and Clinch + Major Alston the army

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marched through North and South Carolina into the State of Georgia crossed the Savannah river and fought the battle of Brier Creek. then recrossed the said river at the mouth of Brier Creek marched to Pearisberg where the troops under the command of Gen'l  Lincoln were stationed. there his corps remained until he was discharged having in this tour of duty served six months. after Declarant was discharged he again returned to Virginia and settled in Brunswick County and entered then the business of an overseer for one other Cuzick of that county. while living in Brunswick County Declarant again volunteered under Captain William Harrison for six months Rendezvoused at Eastridge - and marched from there to a place called the High Rock ford on Haw river in North Carolina where his corps found the maine Army under the command of Gen'l Green ad was attached to the regiment commanded by Col [illegible] while in this service Declarant was engaged in the battle of Guilford in N. Carolina after the battle the troops rallied at a place called the grove works from there they marched to Ramseys Mills deep river and were stationed there until discharged. Declarant entered upon

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this tour of duty as well as he remembers in February 1781 - he served six months and was discharged and returned to Brunswick County VA. about the middle of August 1781 as well as declarant remembers - he was drafted in the Militia raised in Brunswick Cty. and was attached to the company commanded by  Captain Jones his corps was stationed at a place called Swan Point on James River - and were engaged in defending - the supplies of provisions that were sent across the river for the American army that was then engaged in preparing for the siege of Rock Declarant was engaged in this service for two months and was discharged - having served in all in the different tours herein mentioned 2 years - 1 month + 15 days his discharges he has long since lost or mislaid he has no documentary evidence of his services. neither does he know of any living witness by whom he can prove his services - and  must rest his application for a pension on tradionary evidence - and his own statement declarants character for veracity he believes can be supported by all who know him amongst others G John Chambers [illegible]

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Andrew Payne, George Sutton Esq. [illegible] Declarant was born in the State of Virginia Charles City Cty. on the 14th of September 1757 according to family tradition from VA. he moved to North Carolina - from thence to Smith County Tennessee where he has resided ever since he here relinquishes every claim to a pension and he declares that his name is not on the Pension roll of any agency in any state - in the United States.
Francis Coley X his mark

[illegible] open court 28th Nov. 1833

J Pickett clerk

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We Daniel Smith a Clergyman residing in the State of Tennessee and County of Smith and Benjamin Piper a Justice of the Peace residing in same hereby certify that we have been near neighbors and are well acquainted with Francis Coley for many years who has subscribed and sworn to the aforementioned declaration that we believe him to be 76 years of age that he is reputed and believe in the neighborhood where he resides to have been a soldier of the Revolution and that we concur in that opinion
Sworn to and Subscribed 
Daniel Smith

Benjamin Piper

A motion open court 27 Nov 1833
J. Pickett clk
I
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 name applicant was a Revolutionary Soldier and served as he states. And the Court further certifies, that it appears to them that Daniel Smith who has signed the preceding certificate as clergyman resident in the County of Smith and that Benjamin Piper who has also signed the same is a resident in the County of Smith, and is a credible person, and that their statement is entitled to credit.
Solo, Debow
John Chambers
Ecum Whitley

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State of Tennessee }
Smith County } I Jonathan Pickett Clerk of the Court of pleas and Quarter sessions for said County hereby certify that the foregoing contains the proceedings of said in the matter of the application of Francis Coley for a pension.
In Testimony whereof I have hereunto set my hand and affixed the seal of said Court at office in Carthage, this 28th da of November 1833 and 58th year of Am. Independence.
J. Pickett clk

The time ascertained as twenty months is agreed to + is accepted.
Jno. N Eaton
30 Dec. 1833

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Francis Coley
Ten
(j)
from Nov 6 pension
$66.66
_______
100

Maj Eaton

[J. Pickett, Carthage Ten - crossed out]

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WAR DEPARTMENT,
PENSION OFFICE,
183

Sir:
The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in a tabular form. On comparing these papers with the following rules and the subjoined notes, you will readily perceive that objections exist, which must be removed before a pension can be allowed.  The notes and the regulations will shew what is necessary to e 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 Francis Coley
Period when the service was rendered. | Duration of the claimant's service. | Rank of the claimant. | Names an rank of the Field officers under whom he served. | Age at present, and place of abode when he entered the service. | Proof by which the declaration is supported.

|Years. | Months. | Days.|

The applicants declaration should be drawn up by a competent person according to the within form and the accompanying notes and if he can produce the testimony of witnesses who had a personal knowledge of the applicants service he should do so.
I am respectfully,
Your obedient servant,
J. L. EDWARDS, 
Commissioner of Pensions.

The applicant could not have been in actual service during a longer period than six months. This tour under Captain Harrison was for thee months instead of six. He entered on the tour in Feb. 1781 and the battle of Guilford took place on the 15th of the following month. The militia were retained but a short time after that battle. 20 months will be allowed in that case.
Dec. 30 '33

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2
REGULATIONS UNDER THE ACT OF JUNE 7, 1832.

The following regulations have been adopted:
This law ha 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, mucicians 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 (d)   , with    and served in the   (e) regiment of the     line, under the following named officers:
[Here set forth the names and rank of the Field and Company Officers: the time he left the service; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers;) the town or county and State in which he resided when he entered the service; the battles, if any, in which he was engaged, and the country through which he marched. [hand pointing right] 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.
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 applicant, making such declaration, cannot be found, they will produce such proof as the rule given in note (f) points out.
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz:    (k) We, A. B., a Clergyman. residing in the         and c. D. residing in (the same) hereby certify, that we are well acquainted with              , who has subscribed and sworn to the above declaration that we believe him to be     years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in t hat 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 t he 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

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3
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 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 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 reported 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 the 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 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, ad 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 [cut off] low 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 [cut off] 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 [cut off] claim cannot be had. Every claimant must state, with precision, the length of his service, and the different grades in which he served, in lang [cut off] definite as to enable the Department to determine to what amount of pension he is entitled. In a case where the applicant cannot, y reason [cut off] 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  [cut off] of old age, and the consequent loss of memory, he cannot swer positively as to the precise length of his service; but, according to the best [cut off] 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 n __________; 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 th [cut off] directs the pensions 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 m[cut off] is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state that they served; wo[cut off] in the militia, &c. without specifying the tours, the names of the officers, and other particulars respecting their service. This form of a declara[cut off] highly objectionable. It must, in every case, be clearly shown under what officers the applicant served; the duration of each term of engage[cut off] the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by compete[cut off] thority; 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[cut off] 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[cut off] lie seal of office, the certificate of a Member of Congress, proving the official character and signature of the certifying officer, should accompan[cut off] 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 [cut off] tains the affidavit, or other papers authenticated, the certificate must be attached thereto by a piece of t ape or  narrow ribbon, the ends of which 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 witnes[cut off] 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 [cut off] as the regiment, company, and time to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the [cut off]  nesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
[hand pointing right] The notes from [a] to [i] are equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rul[cut off] 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 fo the War Department, with the dec[cut off]

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N. D. the original Declaration received have been returned but it [crossed out] but it was so badly writen did so unskilfully drawn that no sense could be made of it and amounted to no declaration + cal culated only to embarrriss and perplex the Department
Certificate to be payable at Nashville R M Burton

Thomas Coley
Ten.
(u)
from 1761
$66.66
_______
100

Major Eaton

J. Pickett, Carthage [crossed out]
Tenn [crossed out]

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Rev War
3197
INVALID.
[illegible]

File No. 3197
Francis Coley
Prvt. VA line
 Act: June 7, 1832
Index:-Vol. A, Page 73

[Arrangement of 1870]

Va. and N.C. Line Records corrected. Feby 15 '04 a