Revolutionary War Pension and Bounty Land Warrant Application File S. 32,239, David Ephland, N.C.

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(8-1776)
SERVICE
N.C.
Ephland, David
NUMBER
S.32.239
CONTENTS

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23385
Indiana
David Ephland
of Monroe Co in the State of Indiana
who was a private in the com commanded
by Captain Goodman of the regt commanded
by Col Jackson in the N.C.
line for 2 years

Inscribed on the Roll of Indiana
at the rate of 80 Dollars [double slash symbol] Cents per annum, to commence on the 4th day of March, 1831.

Certificate of Pension issued the 3 day of [illegible] 1834 and Joseph A. Wright [illegible]

Arrears to the 4th of Sept 200.00
Semi-anl allowance ending 4 March 40.00
$240.00
Revolutionary Claim,
Act June 7, 1832
Recorded by [illegible] Clerk,
Book E Vol 7 Page 110

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Letter to A.B. Fontaine
[illegible] 15 Sept 1838

Paid at [illegible] Treasury under [illegible] from 4 March to 4 Sept [illegible]

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State of Indiana, Monroe County: SS
On this 27th day of August in the year of our Lord 1833 personally appeared before the 
Park Circuit Court of the State of Indiana (the same being a court of record) at the August term thereof in said year David Ephland of the Township of Sugar Creek in the County of
Park [Parke] and State aforesaid aged eighty-two 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 provisions made by the act of Congress passed June 7th 1832. That he enlisted in the Army of the United States about the time of the declaration of Independence the year not recollected with one Captain Moore and was placed in the Company of Captain Goodman and served in the first Regiment of the North Carolina line under the following named Officers: to wit -- __Goodman (first name not recollected) his Captain, __ Moslander (first name not recollected) his Lieutenant, Thackson his Colonel -- Frank Nash his General he afterwards was killed at Brandywine -- that he enlisted for three years at Orange County, North Carolina where he then resided -- he was then marched to Wilmington in said State -- an express then came and he was marched to Halifax 
in Virginia -- thence was marched back to Charlestown Wilmington, thence to Charlestown where we were stationed all winter until the 14th day of March -- thence marched to the North as the Declarant thinks to Lancaster Pennsylvania and a considerable number of the Army was vaccinated to prevent the taking of the small pox and whilst he was in this condition the battle of Brandywine and was fought in their said Nash was killed --
afterwards Greene was his General and under him he marched in pursuit of Cornwallis and was at the battle of Guilford -- he was marched in pursuit of Cornwallis

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to Depaiver where we took 25 prisoners-- thence marched to the Hentaw Springs where Green had a fight with the British and drove them into Charlestown in which this declarant participated and took a number
of the British -then Washington took Cornwallis and there was no more fighting and this declarant obtained leave to go home, and also a written discharge from Col. Goodman which has long since been lost-that the
time he served in the Revolutionary War was two years and six months- that
he is very old- his mind much impaired, and his memory much more-
 that he cannot recollect certainly how old
he was when he entered the service, nor all the places through which he marched nor any other officers than those he has mentioned.
He hereby relinquishes every claim whatever
to a pension or annuity, except the present, and he declares that his name is not on the pension Roll of any agency of any State whatever that he knows of
Sworn and subscribed to the day and year aforesaid
Jno G. Davis Clk  David (his mark) Ashland
And the said Court do hereby declare their opinion that the above named applicant was a revolutionary
soldier, and served as he states
John
R Porter.
I, John G. Davis, Clerk of the said Park Circuit
Court do certify that the foregoing contains the original proceedings of the said Court in the matter of the application of David Ephland for a pension
In testimony whereof I have hereunto set my
hand and seal of office this 27th day of August
1833
Jno G. Davis Clk

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32239
[illegible] INVALID
File No. 32,239
David Ephland
[illegible]
Act: June 7th 32
Index: - Vol. 2, Page 125
[Arrangement 1870.

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27,244
David Ephland
Indiana
J
From 1776 [illegible]
2 ys $80
Joseph A. Wright
Rockville
Ind.

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WAR DEPARTMENT,
Pension Office
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 show 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 compling with this request, greatly facilitate the investigation of your claim.
Statement, showing the Service of David Ephland
Period when the service was rendered.
Duration of the claimant's service.
Years. Months. Days.
Rank of the Claimant.
Names and rank of the Field officers under whom he served.
See note J
Age at present, and place of abode when he entered the service.
Proof by which the declaration is supported.
I am, respectfully,
Your obedient servant,
J.L. Edwards,
Commissioner of Pensions

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2
REGULATIONS UNDER THE ACT OF JUNE 7, 1832.
The following regulations have been adopted:
This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army,
and to include under the terms "Continental Line," "State troops," "militia," and "volunteers, all
persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who
were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to
Store Keepers, &c, Teamsters, Boatmen, &c. Persons who served on board of private armed vessels are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service.
Four general classes of cases are embraced in this law:
1.
The Regular Troops.
2. The State Troops, Militia, and Volunteers.
3. Persons employed in the Naval Service.
4. Indian Spies.
As rolls of the regular troops in the Revolutionary War exist in this Department, all persons claiming
the benefit of this law as officers, non-commissioned officers, 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 } ss.
On this
day of
County of
A B. a resident (b) of
personally appeared (a) before
in the county of
and State, Territory or District
of aged ()
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. This form is to be varied so as to apply to the cases of officers and persons
who belonged to the militia, volunteers, navy, &c.]
He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he
declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of
the Agency in the State of
Sworn to and subscribed the day and year aforesaid.
A. B.
And then will follow the certificate of the Court.
And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary
soldier, and served as he states.
of the Court of
do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of
the application of
for a pension.
In testimony whereof, I have hereunto set my hand and seal of office (i) this
day of
& c.
If, on examination of the proper record, the names of applicants, making such declaration, cannot be
found, they will produce such proof as the rule given in note (j) points out.
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia,
except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and
subscribe a declaration similar to the foregoing, with the following additions, viz:
(k) We, A. B., a Clergyman, residing in the
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 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.
who has signed the preceding certificate is a clergyman, resident in the
and that C. D., who has also signed the same is a resident in the
and is a credible person, and that their statement is entitled to credit
Clerk of the Court of
do hereby certify that the foregoing
contains the original proceedings of the said Court, in the matter of the application of
for a pension.
In testimony whereof, I have hereunto set my hand and seal
of office, this
day of
& c.
Every applicant will produce the best proof in his power. This is the original discharge or commission
; but if neither of these can be obtained, the party will so state under oath, and will then procure, if
possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services
of the applicant, and such circumstances connected therewith, as may have a tendency to throw light
upon the transaction.
If such surviving witness cannot be found, the applicant will so state in his declaration,(l) and he will
also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful
in the investigation of his claim, and in the comparison of his narrative with the events of the period of his

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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.
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 Office.
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
inquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
Applicants unable to appear in Court, by reason of bodily infirmity, may make the declaration before
required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper
county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform,
and will also certify that the applicant cannot, from bodily infirmity, attend the Court.
Whenever any official act is required to be done by a Judge or Justice of a Court of Record,
or by a Justice of the Peace, the certificate of the Secretary of State or Territory, or of the proper
Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a
Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is
his genuine signature.
No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the
declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period
of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the
opinion of the Court upon the whole matter.
┃ (a)The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow (a)the rule laid down for his guidance.
(b)The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not conforming to the rule.
(c)The age of the claimant must invariably be mentioned.
(d)The declarant must mention the period or periods of the war when he served.
(e)Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had. Every claimant must state, with precision, the length of his service, and the different grades in which he served, in language so definite as to enable the Department to determine to what amount of pension he is entitled. In a case where the applicant cannot, by reason of the
loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:

Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of 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 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 ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
Proof of Service.
(j)In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses
who are required to set forth in their affidavits the time of the claimant's entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.

The notes from (a) to (i) are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in note (j)applies to continental troops only.
(k)This traditionary evidence is indispensable in militia cases.
(l)If a witness cannot be found, the declarant must state the fact.
(m)The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.

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Treasury Department,
Second Comptroller's Office,
September 20, 1838
Sir:
Under the act of the 6th of April, 1838, entitled "An act directing the transfer of money remaining unclaimed by certain
Pensioners, and authorizing the payment of the same at the Treasury of the United States,
David Ephland
a Pensioner on the Roll of the Terre Haute, Ia Agency, at the rate of eighty
Dollars and "
---
Cents
per annum, under the law of the 7th June 1832 has been paid at this Department, from the 4th of March 1837
to the 4th of September 1837
Respectfully, yours


Albion K Parris
Comptroller.
To the Commissioner of Pensions
Present.

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Letter
of Joseph
A Wright in
Ephland Case
for a Pension

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Rockville Parke County Indiana
Number 23 1833
Sir
I herewith return you the papers
of David Ephland, there is relies with the same
, the Affidavit of Boston Graves, though
the same is not in form neither is it made out
according to the instructions of the Department
The Department will see that the same was
some time since, without any knowledge
of the law, the proof might be made out of
the said Grace more regular yet the facts could
not be more correctly stated, to require proof
in this old mans case of two witnesses is
virtually to deny him of his pension. he
cannot do it, it is impossible, you now have
his statement and that (illegible) with Graves
statement sufficient evidence to convict a man
of Forgery and even Perjury itself in a Court
of Justice on it cannot be that the Department
with his more rigid,

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If the Department cannot grant a Pension
with these papers, the Department will return
them to me, and I will add to the same the
opinion of the whole country, where Ephland
lives, and those of the County where he formerly
line. And if Gravs Shoch is alive  I will
endeavor to have his statement made
regular
though he lives several hundred miles from
there and from his age his life is (illegible)
doubtful
Your Respectfully


J L Edwards Esq
Joseph A. Wright
Washington 
City

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Boston Graves is a
Pension on the Tennesee
Roll

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State of Tennessee 
(Illegible) County
this day Boston Graves
 Personally appeared before me
George Graves a Justice of the Peace within and for said County and Deposeth on oath that he was acquainted with David Ephland in Orange County North Carolina during the revolutionary war and that he knew him to enter into the service
of the United States in said war against Great Britain & went to Wilmington-- but does not
know how long he served he also believes that
he was frequently in the service of his country
by short tours but cant distinctly recollect
the length of any he also believes that in
all his services he was a private soldier sworn
to and subscribed before me this 23rd day of
August 1833

Attest
Boston B Graves
George Graves ℗
Justice of the Peace
for s County
State of Tennessee
Boston (his mark) Graves
Kenen County
State Of Tennesee
(illegible) County
I, Charles M. Cling Clerk of the Court
of pleas and quarter sessions for
the County and State aforesaid
by my Deputy William
Swan
certify that George Graves before whom
the foregoing affidavit was made
by Boston Graves is now and
was, at the time the same was made an acting
Justice of the peace in and for said County duly commissioned and sworn,
Given under my hand and ┃
seal of Office at Office in Knoxville the
24th day of August 1833-
Chas McClung By his Dep Wm Swan

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I. James Park Chairman of the Court of Pleas
and quarter sessions for the County of Knox
in the State of Tennessee, certify that Charles
McClung is Clerk of said Court, that 
William Swan is his deputy, and that the
foregoing certificate of the Clerk is in
due form of Law -
Given under my hand at
Renville the 24th day of August 1833
James Park Charman
Knox County Court

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27.244
David Ephland
Application for
Pension

(Illegible)Will
please to give
certificate in the card
Oct 22, 1893
Joseph A. Wright
Rockville
Indiana