Revolutionary War Pension and Bounty Land Warrant Application File S. 41472, Joseph Case, N.C.

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Service: N.C. 
Case, Joseph 
Number: S. 41472

Contents:

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No. 315
North Carolina
Joseph Case of Currituk in the State of N. Carolina who was a private in the Regiment commanded by Colonel G. Lamb of the N. Carolina line, for the term of 3 years.

Inscribed on the Roll of North Caroline at a rate of 8 Dollars per month, to commence on the 10th of May, 1820.

Certificate of Pension issued the 20th of Oct. 1821 and sent to David Jones, Esq., Currituk C. House, N.Co.

Appears to 4th of Sept. 1821 - 126.73
Semi-anl. all'ce ending 4 Mar 1822 - 40.00
1 yr. 3 mo. 22.4/31.30  Total $174.73

Revolutionary claim
Act 18th March, 1818

21 May 1820.

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Joseph Case 
Regiment commanded by Colonel G. Lamb of the N. Carolina line, 1777 for the term of 3 years.

Inscribed on the Roll of North Caroline at a rate of 8 Dollars per month, to commence on the 10th of May, 1820.

This declaration is not formal - In proper forum, together with the Schedule, in order that they may be fitted out, and already affirmed.

June 15, 1820

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[hard to read, may be transcription errors]

State of North Caroline, District of Eanton, Currtuck County

On the 11th day of May, 1820 before me the subscriber one of the Judges of the Superior Court of Law and Equity, for the said State, personally affirmed Joseph have, aged about sixty five years, resident the County of Currtuck, in the said State, who being first by me, duly sworn, according to law, both on his oath make the following Declaration, in order to obtain the provision, made by the Act of Congress, entitled an Act, to provide for certain persons engaged 
in the land and naval service of the United States, on the Revolution -- that the said Joseph Case, on the _ day of _ on the 1777 in the County of of Burtie, in the said State, enlisted in Captain William Goodman's company of the 5th Regiment, Commanded by Col Gideon Lamb, in the line of the State of North Carolina in the Continental establishment - that he continued to serve in said Corps or in the favor of the United States, about three years, when he was discharged from said service, in the city of Bushmont, in the State of Virginia - and that he is in reduced circumstances, and needs the assistance of his county for the support and now has no other

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[hard to read, may be transcription errors]

income of his said services, except this award.

Affidavit -- John Cass X

Sworn to before me
This day signed above by them
McDonald J.S. Esq.

I John R. Donnell Judge be aforesaid to certify that appeared to my satisfaction, that t he said Joseph Can, did serve in the Revolutionary War, and that in the proceeding declaration, against the common enemy, for the term of nine months, above time, on the continental establishment, I now transmit the foregoing testimony to the aforementioned of War, pursuant to the transactions of the above mentioned act of Congress -- I am affirming that the said Joseph Case needs the aforementioned of his country for support. 

McDonald JS & HE

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[hard to read, may be transcription errors]

State of North Carolina
Cumbuck County,

Before me John R. Donnelle of the Judge as aforesaid Joseph Forebee, who being sworn, affirmed that he knows Joseph Cass and that he is not related our circumstances stated in our of the accuracy for our part.  Joseph Forebee.

Sworn to before me this day listed above
Written JR Donnell

State of North Carolina
Currituck Superior Court of Same, I certify that the Honorable John R. Dnnell, who the above and foregoing Declarations was made before, is a Judge of the Superior Court of Sate and County of Equity in and for the State of North Carolina, and that all due faith and credit is given to all his official acts as such.  In testimony which of Joseph Forebee Clerk of Corrutuck Superior Court of Law has herewith set my hand I affirmed the seal of office and Carrutuck the 10th day of May 1820, and in the forty forth year of our American Independence.

S. Sternabach

[seal

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Joseph Case's
Schedule of Property

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Superior Court of Law, State of North Carolina, Currituck County, Fall Form 1829

SCHEDULE

District of Croton

On this Seventh day of November, 1820, personally appeared, in open court (a) being a court of record (b) for the said district (circuit, county, or corporation, as the case may be) Joseph Case, aged 65 years, resident in Currituck in said district who, being first duly sworn, according to law, doth, on his oath, declare that he served in the Revolutionary war as follows; (c) that he enlisted in Crofton from Goodman's company of the 5th Regiment commanded by Col. Gideon Lamb and was said service for three years.

And I do solemnly swear (or affirm, as the case may be,) that I was a resident citizen of the United States, on the 18th day of March, 1818; and that I have not, since that time, by gift, sale, or in any manner, disposed of my property, or any part thereof, with the intent thereby to diminish it as to bring myself within the provisions of an act of Congress, entitled "An act to provide for certain persons engaged in the land and naval service of the United States, in the Revolutionary War," passed on the 18th day of March, 1818; and that I have not, nor has any person in trust for me, any property, or securities, contradicts, or debts due to me; nor have I any income other than what is contained in the schedule hereto annexed, and by me subscribed, (d)

Joseph Case, x mark

Sworn to, and declared, on the day of before

I, Samuel Ferbeee clerk of Corrituck Superior Court of the said county, do hereby certify, that the foregoing oath (or affirmation) and the schedule thereto annexed are truly copied from the record of said court; and I do further certify, that it is the opinion of the said court that the total amount in value of the property exhibited in the aforesaid schedule is thirty two dollars and fifty cents.  In testimony whereof, I have hereunto set my hand, and affixed the seal of said court, on this Seventh day of November 1820

S. Ferebee, clerk of Corrituck Superior Court ,

[seal]

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(a) The whole of the form prescribed in the first section, to verify the amount of property of the applicant, the oath of the party, and the certificate of the clerk excepted, must be done while the court is in session.

(b) All are courts of record, within the contemplation of Congress,
1st. Which are expressly made courts of record by the laws of the state which create them;
2d. Which have been solemnly adjudged, by the tribunals of the several states, to be courts of record;
3d. Which proceed according to the course of the common law, with a jurisdiction unlimited in point of amount, keeping a record of their proceedings.
4th Which have the power of fine and imprisonment;
And the courts which proceed according to the course of the civil and cannon law, having neither of those attributes, are not courts of record, although they may keep a registry of their proceedings, and possess a seal.  The court should, in every instance, state, on the face of the proceedings, that it is a court of record, and state why it is such. -(Opinion of the Attorney General of the United States.)

(c) Here set for the regiment, company, and line, or ship, corps, or vessel, and the date of the original declaration; and, if he has received a pension, the number of the pension certificate should be inserted.

(d) Here enumerate each article of real and personal estate, necessary clothing and bedding excepted, and subscribe the same.  The declarant must also mention his occupation, his ability to pursue it, the number and names of his family residing with him, their ages, and their capacity to contribute to their support, in order that the department may be enabled to decide whether the applicant is in such indigent circumstances as to be entitled to a pension.  It is the opinion of the Attorney General, that the words of the third section of the act of the1st of May, 1820, "in such indigent circumstances as to be unable to support  himself without the assistance of his country," comprehend those only who are incapable of supporting themselves with the aid of the government, except by private or public charity.

Schedule
11 hogs --- $20
1 bed of furniture - 4
4 chairs - 1.25
2 old wheels -1 
1 sewing loom - 2
2 charts - 2.50
6 plates - 2
1 desk - .50
1 table - .25
$32.50

Family of Joseph Case
wife -- 55 years old
Son, Grandy, 22

[signed] Joseph Case, X Mark

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41 472
INVALID
Revy


File No. 41.472
Joseph Case
Liu Rev War

Act 18th March 18
Index: Vol 8 Page 13

Arrangement of 1870.

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[portions hard to read; may be transcription errors]

State of North Carolina
Cumbucks County

Personally appeared before me Thomas Gray & Enoch Ball two of the magistrates of Laid County.  Ely Lemmons and after being duly sworn & deposed saith that he knew Joseph Case a soldier of the Revolutionary war and belonged to the South Carolina lines & that he saw his discharge at the end of the War, & that he was depleted from the years or during the war, and that he had a land claim in the State of North Carolina & that he sold it to John Humferfs Esq. of this County.

February 27th, 1821
Witness
Thomas Gray
E. Ball 
Isles Simmons


State of North Carolina
Cumbucks County

Personally appeared before me Thomas Gray & Enoch Ball two of the magistrates of said County.  Ely Lemmons and after being duly sworn & deposed saith that he knew Joseph Case & that he belonged to the continental service under Colonel Gideon Lamb & General Gregory, and that he commanded Joseph Case for three years during the war. 

February 27th, 1821
Witness
Thomas Gray
E. Ball 
Isles Simmons

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We Thomas Gray & Enoch Ball request two of the magistrates of the County of Cumotuck in the State of North Carolina do hereby certify that the defendant Isles Simmons & Samuel Salyear Esq. are men of veracity & Respectability and are due faith and credit should by as such question under our hands and hearts the 27 July 1821.

Thomas Grey (seal)
Enoch Ball (seal)

State of North Carolina
I Thomas Baxter clerk of the County Court of please and quarters [illegible] of Currutuk do hereby Certify that Thomas May and Enoch Ball Esqs swore before the foregoing affidavit and Samuel Salyear & Isles Simmons made and subscribed and who certified the aforesaid information and being men of Respectability are acting Justice of the peace aforesaid and Ellas Such our the 27th day of February 1821, the time of Subscribing of Same, and that due faith and credit are Given all their Individual acts.

In testimony hereof I have certified The Same.  Under my hand and seal of Office in Curritwilk the 6th Day of March anno. Dom. 1821

Quest T. Baxter [seal]

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State of North Carolina Curtuck Court House August 1st 1821

Respected Sir:

Mr. L.L. Edwards note of the 14th April 1821 relative to the claims of Joseph Case for a Pension as a Soldier of the Revolutionary War, says a difference is found between the claimants declaration and the Certificate of the Secretary of the State of North Carolina in Proof of Service, the former set forth the service to have been in the Company commanded by Capt. Wm. Goodman and the latter states that Case was a private in Captain Bradley's Company.  An explanation must be made before the claim can receive further attention. [note there were quotation marks at the start and end of each line]

This are a note written with no ink on the back of the Letter of David Jones to the Honorable J.L. Calhoun in the following words "If the difference be accounted for all the papers must be returned to the Pension office."

Permit me to attempt to to explain this seeming contradiction.  Case is a very illiterate man which is proven by the fact of his making his mark to his declaration.  Cass first declaration which was sent back from the Pension office for want of form, among other things contains the following words.  "That the said Joseph Case on the ___ day of ___ in the 1777 in the County of Bartie, in the said State, enlisted in Captain William Goodman's company of the 5th Regiment commanded by Col. Gideon Lamb, in the line of the State of North"

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North Carolina in the Continental establishment that he continued to serve in said corps or in the Service of the United States about these years when he was discharged from Said service in the City of Richmond, in the State of Virginia.

In the other declaration (the presented form sent from the Pension office) and dated the 9th November 1820 the blanks in which were filled in from the first and informal declaration.

Says: "The said Joseph Case enlisted for the term of three years on the ___ day of ___ in the year 1777 in the State of North Caroline in the Company commanded by Captain Wm. Goodman in the regiment Commanded by Col. Gideon Lamb in the lines of the State of North Caroline on the Continental establishment that he continued to serve in the said Corps until ____ when he was discharged from said service, in the City of Richmond in the State of Virginia." [quotation marks at the start and end of each line]

All this difference is mostly owing to the gentleman who drew up Case's declaration for in the first and informal declaration he set forth "that he served in said Corps on in the Service of the United States" and in the test declaration was filled up from the first "that he continued to serve in said Corps" it was though that the title to expression was entirely formed on the service for three years without it being material to show under what Captains the service had been performed.  Case might have been recruited and enlisted by Capt. Goodman but never mustered until he had been sent over to Capt.  Bradly Company and what will help to show the imperfect manner in which this was done in that evaluation, is the fact of Case's discharge not being mentioned

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Case's signature to his friend who understood to preserve the Pension is in the following words.

That he Case enlisted under Capt. Wm Goodman in the County of Bontee in the State of N. Carolina, that Capt. Goodman marched him to Stone in South Carolina, he was then put under Cap. Ramsey and did belong to Cap. Ramsey's Company in the day of the battle of Stone which Battle he served in - and that he continued under Capt. Ramsey for some time and marched with him from Stone to Charleston and from after general Hogan arrived in Charleston he was removed from Capt. Ramsey's Company and put under the command of Captain G. Bradley that he was made Capt. Bradley warden, that he was in Charleston during the siege that he was made a  prisoner at the surrender of Charleston with Capt. Bradley that he continued a prisoner to the enemy for 14 months till with Capt. Bradley, that he and Capt. Bradley was both exchanged a the same time and that some time after the exchange Captain Bradley gave him a written discharge in the City of Richmond. which discharge he hath lost.  
It was thought not necessary to put all this into the Declaration, but to confirm our proof the main Question of three years service in the Revolutionary War in the Continental establishment.

When we allude to the circumstances of the times in the year 1777 (in the Revolution) that the man Case that he had enlisted with Goodman, and in an engagement under Ramsey, and that was not mustered until he was mustered in Bradley's Company need not surprise us.

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Should the explanation be unsatisfactory, and if the substance of the narrative should be put into the declaration and made auto by the proper authority, to wit, a Court of Record, please to forward a blank declaration that may be filled in in here and sworn by Case.

I am sorry to be so troublesome to the Pension officer but religiously believing Base to be an object contemplated by the acts of Congress and knowing him to be very needy and nearly friendless throughout Charity I have undertaken to aid him informing his Claim.

Very respectfully,
Yours very humbly Servant

D. Jones, Atty. for Joseph Case

Office in explanation

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Declaration
Joseph Case, Pri

Col G. Lamb's
N. Carolina Reg.
1777 - for 3 years
10 May 1820
--------

Cert. of Secrt. of State of N. Carolina states "mustered in 1777 for 3 years."

Transmitted to Sec. of State of N.C. for evidence of Service.

30 Dec 1820.

David Jones
agt.
Currently C.H 
N.C.
-----

State of North Carolina Secretary's Office, 11 January 1821

I William Hill Secretary of State in and for the State aforesaid do hereby Certify that it appears from the muster rolls of the Continental line of this State in the Revolutionary War, that Joseph Case a private in Capt. Bradley's Company of the 10th Regiment on the 27th August 1178 for 3 years -- the date of his discharge is not recorded.

Given under my hand the date above. 

William Hill

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State of North Carolina, Curutuck County
Superior Court of Law
Fall Form 1820

ORIGINAL CLAIM

District of Clinton 88.

On this day of November 1820, personally appeared, in open court (a) being a court of record (b) for the County of Currutuck for the district circuit, county, or corporation, as the case may be, Joseph Case aged 65 years, who, being first duly sworn, according to law, doth, on his oath, make the following declaration, in order to obtain the provision made by the acts of Congress of 18th March 1818, and the 1st May 1820, that he, the said Joseph Case enlisted, for the term of three years on the __ day of __ in the year 1777 in the state of North Carolina in the company commanded by Wm. Goodman in the regiment commanded by colonel Gideon Lamb in the line of the state of North Carolina on the ___ continental establishment; that he continued to serve in said corps until ___ when he was discharged from the said service, in the City of Richmond in the State of Virginia.

That he was in the battles of Storrs and at the siege of Charleston and that he has no other evidence, now in his power, of his said services except ____

And, in pursuance of the act of 1st May, 1820, I do solemnly swear, or affirm (as the case may be,) that I was a resident citizen of the United States, on the 18th day of March, one thousand eight hundred and eighteen, and that I have not, since that time, by gift, sale, or in any manner, disposed of my property, or any part thereof, with intent thereby so to diminish it as to to bring myself within the provisions of an Act of Congress, entitled "An act to provide for certain persons engaged in the land and naval service o0f the United States, in the Revolutionary war," passed on the 18th day of March, one thousand eight hundred and eighteen, and that I have not, nor has any person, in trust for me, any property or securities, contracts, or debts due to me; nor have I any income other than what is contained in the schedule hereto annexed, and by me subscribed (d).

Joseph Case X Mark

Sworn to, and declared on this ___ day of ___ before

-----

I, Samuel Ferebee clerk of Courrutuck Superior Court of Law do hereby certify that the foregoing oath (or affirmation) and the schedule thereto annexed, are truly copied from the records of the said court; and I do further certify, that it is the opinion of the said court, that the total amount in value of the property exhibited in the aforesaid schedule is thirty two dollars and fifty cents.  In testimony whereof, I have hereunto set my hand, and affixed the seal of the said court, on this Seventh day of November 1820.

Ferebee Clerk of the Superior Court of the County of Currutuck

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(a) The whole of the form prescribed in the first section, to verify the amount of property of the applicant, the oath of the party, and the certificate of the clerk excepted, must be done while the court is in session.
(b) All are courts of record, within the contemplation of  the act of Congress,
1st. Which are expressly made courts of record by the laws of the state which create them;
2d. Which have been solemnly adjudged by the tribunals of the several states to be courts of record;
3d. Which proceed according to the course of the common law, with a jurisdiction unlimited in point of amount, keeping a record of their proceedings;
4th. Which have the power of fine and imprisonment;
And courts which proceed according to the course of the civil and canon law, having neither of those attributes, not courts of record, although they may keep a registry of their proceedings, and possess a seal.  The court should, in every instance, state on the face of the proceedings, that it is a court of record, and state why it is such --(Opinion of the Attorney General of the U.S.)
(c) If the declarant shall have served under the more engagements than one, he should set forth the company, regiment and line, or ship, vessel, or corps, in which he may have served, as also at the time of entering, and the time and manner of leaving each service;
(d) Here enumerate each article of real and personal estate, necessary clothing and bedding excepted, and subscribe the same.  The declarant must also mention his occupation, his ability to pursue it, the number and names of his family residing with him, their ages, and their capacity to contribute to their support, in order that the department may be enabled to decide whether the applicant is in such indigent circumstances as to be entitled to the pension.  It is the opinion of the Attorney Genera, that the words of the 3d section of the act of the 1st of May, 1820, "in such indigent circumstances as to be unable to support himself without the assistance of his country," comprehended those only who are incapable of supporting themselves with the aid of the government, except by private or public charity.

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State of North Carolina Secretary's Office 11th January 1821

J William Hill Secretary of State in [illegible] the State [illegible] said, do hereby certify that it appears from the [illegible] of the continental line of this State in the revolutionary war, that Joseph Case a private in Capt. Bradley's Company of the 10th Regt. was [illegible] on the 27th August 1778 for 3 years - The date of his discharge is not [illegible] [illegible] under my hand the date above [signature illegible]

Declaration - Joseph Case [illegible]:
Col. G. Lamb's N. Carolina Regt. 177 - for 3 years
10 May 1820.

Transmitted to Secretary of State N.C. for evidence of service 30 Dec 1820

David Loves 

The claimant sets forth in his declaration that he served "in the Company commanded by Captain William Goodman" and the Certificate of the Secretary of State, state, this the claim-ant served in "Captain Bradley's Company". How is this? 

See letter to [illegible] 14 April 1821