Revolutionary War Pension and Bounty Land Warrant Application File S. 6854, James Forrester, N.C.

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SERVICE   N.C.       NUMBER S. 6854
Forrester, James

Born in NC


carded

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North Carolina 12.728
James Forrester
of Surry Co. in the State of N Carolina
who was a private in the company commanded by Captain Wooldrige of the Regt commanded by Col. Martin in the N. Carolina 
line for 6 months + 8 days

Inscribed on the Roll of N. Carolina 
at the rate of 20 dollars 88 Cents per annum,
to commence on the 4th day of March, 1831.

Certificate of Pension issued the 18th day of May 1833 and sent _ S. Graves 
Mount Airy N. Car

Arrears to the 4th March 33                 41.76
Semi-ani. allowance ending 4th Sep    10.44
                                                              52.20
Revolutionary Claim
Act June 7, 1832.

Recorded by Reyh Newman Clerk,
Book E   Vol. 6   Page 40

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James Forrester
Declaration for 
Pension

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Declaration in order to obtain the benefit of the act of congress
 of 7 of June 1832
State of North Carolina
Surry County
On this 10th day of February personally appeared before the court of Please and Quarter session of the County of Surry and state aforesaid James Forrester resident of the County of Surry and State of North Carolina aforesaid aged seventy years 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 the congress papered June 7 1852. That he entered in the army of United States in the year 1780 or there abouts with Captain Gibson Wooldridge Robert Hay was one of the field officers as well (illegible) can now be recollected belonging to Gen. Davidson Briggs the term of six weeks he served this term of service as a volunteer he then in the summer of 1781 performed a service in transporting lead from Chisels mine in the state of Virginia to the Laboratory near Salisbury in the State of North Carolina under Captain David Humphreys agreeably to the order of proposition of Col Martin Armstrong which service was accounted as a tour of military duty of three months for which he obtained a discharge in that term of duty which discharge has been since lost or destroyed this service was also performed as a volunteer - he then performed a three months term of military duty in the Fall of the year 1781 as a volunteer with said Captain David Humphreys in the Regiment of Col (illegible) Stanton this service was called the Wilmington (illegible)

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in Genl. Rutherfords Brigade he also performed a few weeks Service with Captain William Morely, he obtained no discharge for this Service - he obtained a discharge for the Willmington Expedition tour of duty but has Since lost or mislaid the Same _ he also performed a tour of duty of about five or six weeks with Captain James Gittins about the time of Genl. Gates defect, and for the want of [illegible] [caret] the company was discharged, the field officer not recollected he also performed a tour of about three weeks Service with Captain Saml. Dyer, about the time that Colo. Wallace marched thro' the State of North Carolina. The field officers to which Captain Dyer belonged not recollected at this time. All the aforementioned Service was conducted in the Militia of North Carolina line as a Volunteer. In the Willmington expedition he marched thro' the [illegible] Towns, [illegible] Elizabethtown to Willimington. In this tour of Service Under Captain Woolbridge he marched thro' Salisbury to Charlotte and then served Genl. Dawson's Brigade. He Served all the aforementioned duty while a resident of Surry County in all he thinks he Served [word crossed out] upwards of [crossed out] ten months. _ he was born in Orange County State of North Carolina in the year 17[illegible] has a record of his age but does not know where it is. 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 or any agency in any State. John Wright Cle

James his [spot] mark Forrester

Sworn to, and Subscribed, the day and year aforesaid }
Jno Wright CCC

And the Said Court do hereby declare this opinion that the above named applicant was a revolutionary Soldier and Served as he Stated and that they believe the Witnesses proving his Services are entitled to relief

[illegible] Haynes JP
Wm Haskie [illegible]
C B Tucker JP

I John Wright Clerk of the Said Court of pleas and [illegible] Session do hereby certify that the foregoing contains the

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Surry County
North Carolina } court of please and quarter session

Matthew M. Huges and Thomas B Wright appeared in open court and made oath that they have for a long time been well acquainted with James Forrester to the above named applicant for a Pension under the act of Congress papered the 7th of June 1832. That they have always understood him to be a man of strength and good moral (illegible) and should (illegible) full credit in his statement made in oath _ that they believe him to be of the age of Seventy years as he states in his foregoing declaration, that they both reside in the County of Surry. The affidavit further swear that they are also well acquainted with John Vonable and Daniel Cookham whose signatures appear to the affidavits accompanying his declaration: that they from their knowledge of the character of their witness should enthusiastically believe them when upon oath and that they think him entitled to credit 
Sworn to me in open court
John Bright clerk

Matthew M Huges
Theo B Wright

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23147
James Forrester
Surry County
North Carolina

6 mo and 8 days
21.88

S. Graves 
Mount Airy
N.C.

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Sir,
The evidence in support of your claim, under the act of June 7th 1832, has been examined and the papers are herewith returned. The following is a statement of your case in a tabular form. On comparing these with the following rules, and the subjoined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will shew what is necessary to be done. The points to which your attention is more particularly directed, you will find marked in the margin with a brace (thus: }). You will when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request greatly facilitate the investigation of your claim.

A Statement shewing the service of James Forrester, Surry County North Carolina 
Period when the service was rendered
Volunt 1780
to 1781
to -

Duration of the claimant's service.
Years X
Months 1 -3 -3 
Days 12

21 days
6.08
In all 10 months

Rank of the claimant
private 

Names and Rank of the Company officers under whom he served
Captain Wooldridge
Capt Humpreys
Capt Monly 
Capt Gatton
Capt Dyer
Names and Rank of General and Field Officers
Gen Davidson
Col. Hays
Col. Armstrong
Col Martin
Battles in which the applicant was engaged.
None
Country through which he marched.
Salisbury
Charlotte
Place of abode when he entered the service and age at the present period.
70 Surry CO N.C. 
Evidence by which the declaration is supported.
Tradition
2 witnesses prove applicant was in service as a soldier in the revolutionary war and that he received a discharge three months military service after hauling lead for three months
I am, respectfully your obedient servant,
J.L. Edwards
Commissioner of Pensions

*This tour applicant declares was by and of Col Martin Armstrong spent in training, hauling lead from Chissel's to Salisbury

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REGULATIONS UNDER THE ACT OF JUNE 7, 1832.
The following regulations have been adopted:    This law has been constructed to extend, as well to the line, as to every branch of the Staff of the Army and to include under the terms “Continental Line,” “State Troops,” “militia,” and “volunteers,” all persons enlisted, drafter, or who volunteers and who were bound to military service but not those who were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, &c. Teamsters, Boatman, &c. Persons who served on board of Private Armed Vessels are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service.
Four general classes of cases are embraced in this law:                                                                                                                            1. The Regular Troops.                                                                                                                                                                                                     2. The State Troops, Militia, and Volunteers.                                                                                                                                           3. Persons employed in the Naval service.                                                                                                                                                4. Indian Spies 
As rolls of the regular troops in the Revolutionary War exist in this Department, all persons, claim in the benefit of this law as officers, non-commissioned officers, musicians or privates, will in the first instance make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides. And every Court having by law a seal and Clerk is considered a Court of Record.
DECLARATION.
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
State, Territory, or District of County of } ss.
On this ______ day off _______ personally appeared (a) before A.B. a resident (b) of _______ in the county of ______ and State, Territory or District of _____ aged  (c) _________ years, who being first duly sworn, according to law doth on his oath make the following declaration, in order to obtain the benefit of the provision made by the act of Congress, passed June 7th, 1832. That he enlisted in the Army of the United States in the year (d)_____-, with ____ and served in the ______ € regiment of the _____ line, under the following officers:
[Here set forth the names and rank of the Field and Company Officers; the time he left the service; (and if he served under more than one term of enlistment, he must clarify the particular period, and rank and names of his officers the town or county and State in which he resided when he entered the service; the battles, if any, in which he was engaged, and the county through which he marched. *This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy &c.] 
He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of ________________                                                                                                                                                               Sworn to and subscribed the day and year aforesaid.          A. B.                                                                                                                                         [And then will follow the certificate of the Court]                                                                                                                                                                                                          And the said Court do hereby declare their opinion (g) that the above names applicant was a revolutionary soldier, and served as he states.                                                                                                                                                                                 I _________ of the court of ________ do hereby certify (h)that the foregoing contains the original proceedings of the said Court in the matter of the application of _______ for a pension.                                                                                                In testimony whereof I have hereunto set my hand and seal of office (i) this ____ day of ____ &c.  
If, on examination of the proper record the names of applicants, making such declaration, cannot be found they will produce such proof as the rule given in note (j) points.                                                                                                                      Every applicant who claims a pension by virtue of service in the State Troops, Volunteers, or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz:                                                                                                                     (k) We, A. B., a clergyman, residing in the ____ and C. D. residing in (the same) hereby certify, that we are well acquainted with _____, who has subscribed and sworn to the above declaration; we believe him to be ____ years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in the opinion.                                                                                                                               Sworn and subscribed the day and year aforesaid.                                                                                                                   [And then will follow the certificate of the Court] And the said Court do hereby declare their opinion after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that A. B. ___ who has signed the proceeding certificate, is a clergyman, resident in the ____ and that C. D., who has also signed the same is a resident in the ____ and is a credible person, and that their statement is entitled to credit.                                                                                                                                                                                           I, ____ Clerk of the Court, in the matter of the application of ____ for a pension.  
In testimony whereof, I have hereunto set my hand and seal of office, this ___ day of ___ &c.                                                 Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained., the party will so state under oath, and will then procure if possible, the testimony of at least on credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction. 
If such surviving witness cannot be found. The applicant will so state in his declaration (l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, of which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his alleged service, as they are known at the Department.  A very full account of the services of each person

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will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if on be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County, in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.   
The Court will propose the following (m) interrogatories to all applicants for a pension, on account of service in the Militia, State Troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.                                 1. Where and in what year where you born?                                                                                                                                          2. Have you any record of your age, and if so, where is it?                                                                                                                           3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?                                                                                                                                                                                                    4. How were you called into service; were you drafted, did you volunteer, or were you a substitute?                                                        5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services.                                                            6. {To a Soldier. {Did you ever receive a discharge from the service, and if so, by whom was it given and what has become of it?                                                                                                                                                                                                    {To an Officer. {Did you receive a commission, and if so, by whom was it signed, and what has become of it?                         7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution.                                                           The Court will see that he answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth is the statement of the applicant.                                                                                       The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons- one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion. If one of these persons is a Clergyman, the Court will so certify and they will also certify, to the character and standing of other persons, giving such certificates.                                  The traditionary evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party. And the Courts are requested to be very particular in the enquiry whether the belief is general, and whether any doubts have ever existed upon the subject.                                                                             Applicants unable to appear in Court by reason of bodily infirmity, may make the declaration before required, and submit to the examination before Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform and will also certify that the applicant cannot, from bodily infirmity, attend the Court.                                                                                                             Whenever any official act is required to be done by a Judge of Justice of a Court of Record, or by a Justice of the peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature.                                                                                          No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case od death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.                                  [a] The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance.                                                                                                      [b] The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a reason for not conforming to the rule.                                                                                                                                      [c] The age of the claimant must invariably be mentioned.                                                                                                                        [d] The declarant must mention the period or periods of the war when he served.                                                                       [e] Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had. Every claimant must state, with precision, the length of his service, and the different grades in which he served, in language so definite as to enable the Department to determine to what amount of pension he is entitled. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words.                                                                                                                                                                             “Personally appeared before me, the undersigned a Justice of the Peace, &c. A. B. who, being duly sworn, deposet and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service; but according to the best of his recollection, he served not less than the periods mentioned below, and in the following grades: For _____ year _____ months, and _____ days. I served as a ____ For ____ months ____ and _____ days. I served as a _____; and for such service I claim a pension.”                                                    It is important in all cases, to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months, is to indefinite and all such qualifying expressions are objectionable. It must, in every case, be clearly shown under what officers the applicant served, the duration of each term of engagement; names of the officers, and other particulars respecting their service. This form of a declaration is the particular place or places where the service was performed; that the service was performed; that the applicant served with an embodied corps called into service by competent authority, that he was either in the field or in garrison: and for the time during which the service was performed; he was not employed in any civil pursuit.                                                                                                                                                              {f} The law makes the relinquishment indispensable.                                                                                                                                  {g} The opinion of the Court is always required.                                                                                                                                         {h} The clerk must give his certificate in every case. {i} The clerk must affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he has not public seal of office, the certificate of a Member of Congress, proving the official character and signature of the certifying officer should accompany the papers. 
                                                                Mode of authenticating papers.                                                                                                                                                                    In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same paper which contains the affidavit, or other papers authenticated, the certificate must be attached thereto by a piece of narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, to as to prevent any paper from being improperly attached to the certificate.
                                                                          Proof of Service.                                                                                                                     {j} In the case where the nae of the applicant is not found in the records of the Department, he must prove his service by two credible witnesses. Who are required to set forth in their affidavits the time of the claimant’s entering the service, time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witness and the official character and signature of the magistrate must be certified by the proper officer, under the seal of office. {l} The notes from (a) to (m) are equally applicable to the case of Militia men, Volunteers and State Troops. The proof required by rule in note (j) applies to continental troops only.                                                                                                             {k} This traditionary evidence is indispensable in militia cases.                                                                                                               {l} If a witness cannot be found, the declarant must state the fact.                                                                                                      {m} The answers to the interrogatories must all be written and sent to the War Department, with the declaration.

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Mount Airy
March 5th 


March 13th

L. Edwards Pension Office
War Department
Washington City

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Mount Airy March 5th

March 13th

James L. Edwards Pension Office
War Department
Washington City

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Surry March 2nd 1833 N. Carolina
Sir
Enclosed you will receive the Declaration of James Forrester Surry County N.C. for a Pension under the act of Congress papered the 7th of June 1832. with accompanying affidavits please be good as to inform me of the fact should it appear there is any defect in his papers now transmitted to you: at Mount Airy Clerk office. Through me Mr. Forrester wishes to be informed of the result of his application. 
Respectfully Yours 
L. Travis

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6854
Revolutionary
INVALID.
File No. 6854
James Forrester
Pri Rev War

Act: June 7th 32
Index;-Vol. I, Page 129

{Arrangement of 1870}

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N Carolina
Surry County
Personally appeared before me John Venables a resident of Stokes County first sworn according to law deposeth and saith as follows to - That in the summer of the year 1781 the Commanding officer of Surry County made a proposition that as many men as would transport two hundred pounds of lead from Clisels mines in the state of Virginia to the Laboratory at or near Salisbury should be entitled to a discharge for a three month tour of Military duty/ This applicant swears that he saw James Forrester in the performance of this service in Company with this deponent and does believe that he honestly performed the said service under the Command of Capt Davis Humphreys of Surry County in the State aforesaid and this deponent farther saith not.
J. Venables
Sworn to and Subscribed before one this 12th Feby 1833
P A Pointdexter
Personally appeared before me Samuel Cockram of Surry County first being duly sworn  according to law deposeth and saith that James Forrester a resident of said County performed a three months tour of Military duty in the fall of the year 1781 called the Wilmington Expedition under the Command of Capt David Humphreys in the regiment of Cols. James Martin Gen Rutherford's Brigade saith this deponent further saith not
Sworn to and subscribed before me this 12th Feby 1833  Daniel Cockram
P A Pointdexter

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State of North Carolina
Surry County 
Court of please and quarter session
Feby term 1833
I John Wright clerk of our Said Court, do hereby certify that Robert A. Pointdexter whose signature appears to the written affidavits is and was at the time of signing the same an acting justice of the peace for said County and that all due faith and credit should be given to his official acts as such. In testimony whereof I have hereunto set my hand and affixed the Seal of my office
John Wright clerk
by F R Mustorry