Revolutionary War Pension and Bounty Land Warrant Application File S. 31468, David Weeks, N.C.

SERVICE
Weeks, David
NUMBER
NUMBER 8-31468
CONTENTS

1357 Kentucky
David Weeks of Hopkins Co in the State of Kentucky who was a private in the Continental Army commanded by Captain Lewis of the Regt commanded by Col Lewis in the North Carolina line for 8 months & 17 days
Inscribed on the Roll of Kentucky at the rate of 28 Dollars 55 Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 13 day of May 1833 and sent to David Wooden Maarianville
Arrears to the 4th of March 37 10 Semi-ant. allowance ending 4 Sept 14 27 $71 37
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by Daniel Boyd Clerk, Book 6 Vol. 7 Page 32

State of Kentucky 3 d B (A) County of Hopkins
On this 11 th day of January 1832 person- ally appeared in open Court before the judges of the County Court of Hopkins County aforesaid now sitting David Wesley an inmate in the County there 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 act of Congress passed June 7 th 1832
That he entered the service of the United States under the following named Officers hereina- as herein stated
He states that he was born in Louisa County in the State of Virginia in the year 1750 and afterwards removed to Middlesex County in the State of North Carolina where he resided during the Revolutionary War that he there substituted for one William Alexander under Capt. Michael Lewis and Colonel John Lewis of the North Carolina Militia in what was called the New Lewis Co. was marched to Allegheny Creek in North Carolina where there drilled for sometime and was finally disbanded and returned home this was in the month of August in the year 1781 he has since been unable to use his hands so as to render him incapable of

of doing duty he was discharged but re- ceived no written discharge signed by the Colonel but has lost the same from the loss of memory consequent on old age his fidelity he cannot state the precise day of the month when he entered service he left the service and the year in which he performed the service to his County yet according to the best of his recollection the above term was three months and fifteen days at least. He afterwards volunteered served a term of forty days under Capt. Martin of the N. Carolina militia against the Cherokee Indians he volunteered in Rockingham County for he received no written discharge does not recollect date
He afterwards volunteered under Captain James Houston of the North Carolina mi- litia in the County last named and served a term of forty days in a Regiment commanded by Colonel Alexander Martin of S. Carolina. He marched to Red Bank in South Carolina and there aided in capturing about three hundred Indians commanded by Colonel Cunningham. He received no written discharge cannot recollect date
He again in the County last named volunteered under Captain John Spryfield

a North Carolina Militia  Springfield and served a term of six weeks against the Cherokee Indians on the head of Catawba river he received no written discharge cannot recollect date.
He again in the County last aforesaid volunteered under Capt William Alexander of the N. Carolina Militia and served a term of fifteen days he marched to the Waxhaw in South Carolina here in a skirmish with the Tories in which about thirty were killed he was discharged returned home. he received no written discharge cannot recollect date.
He again volunteered in the County last aforesaid under Major William Polk of the North Carolina Militia and served a term of fifteen days he marched to the Waxhaw in South Carolina to save against the Tories was discharged and returned home. he received no written discharge he cannot recollect date. Thus he faithfully served his Country in the Revolutionary War eight months and twenty days.
He states that he is known to Charles Bradley John Lovan residing in his present neighborhood who can testify to his character for veracity. Their belief of his

servicing as a soldier in the Revolution He states that after the Revolution he continued to reside in North Carolina for several years - then removed to Georgia then to South Carolina and then to Hopkins County Kentucky where he at present resides
He states that he has no documentary evidence and that he knows of no person who can testify to any part of his services except Robert Newton of the said County of Hopkins whom deposition is hereto attached marked (W)
He hereby relinquishes every claim whatever to opinion - a community except the present and declaring that his name is not on the pension roll of the Agency of any State.
David his Weeks
Sworn to subscribed the day & year aforesaid
Mark
We Charles Bradley & John Levan residing in the County of Hopkins Ky. hereby certify that we are well acquainted with David Weeks who has subscribed and sworn to the above declaration - that we believe him to be eighty two years of age that he is reputed to have been a soldier of the Revolution that we concur in that opinion C. Bradley
Sworn to subscribed the day & year aforesaid
John Levan

23042.
David Weeks. Hopkins Co Kentucky
From 1775 print 8 months & 17 days $28. 55 100
M Lewis
J Lewis
N 6
Samuel Woodson Esq. Madisonville. Hopkins Co Kentucky

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 be done. These 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 David Weeks, Hopkins Co. Kentucky.
   Period when the service was rendered. Duration of the claimant's service. Rank of the claimant. Names and 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.     Not stated " 3 15 Priv Col. J. Lewis Col. M. Lewis 32 years Mecklenburg Co. One Witness   Ditto " 1 10 " Capt. Mabe   " " 1 10 " Col. A. Martin Col. J. Houston N. Car line   " " 1 12 " Col. J. Springsteel   " " " 15 " Capt. W. Alexander   " " " 15 " Capt. W. Polk   8 17  
I am, respectfully,
Your obedient servant,
J. L. EDWARDS,
Commissioner of Pensions.

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, 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 } ss. County of }
On this day of personally appeared (a) before A. B. a resident (b) of in the county of and State, Territory or District of aged (c) years, who 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.
I of the Court of do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of for a pension.
In testimony whereof, I have hereunto set my hand and seal of office (i) this day of &c.
If, on examination of the proper record, the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out.
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz:
(k) We, A. B., a Clergyman, residing in the and C. D. residing in (the same) 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.
I, Clerk of the Court of do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this day of &c.
Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction.
If such surviving witness cannot be found, the applicant will so state in his declaration, (l) and he will also, whether he 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 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 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 traditional evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party. And the Courts are requested to be very particular in the enquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
Applicants unable to appear in Court, by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court.
Whenever any official act is required to be done by a Judge or Justice of 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 evidences 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 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.
[k] The notes from [a] to [j] 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.
[l] This traditional evidence is indispensable in militia cases.
[m] If a witness cannot be found, the declarant must state the fact.
[n] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.
Joseph Rowen Coe

31 468.
Ray INVALID.
one
File No. 31, 468
David Weeks
Rev Rev War
Act: June 7 th 82 nd
Index: —Vol. 2 , Page 143
[Arrangement of 1870.]

Madisonville Ky. 18 th Jan. 1833
Sir
Herewith you will receive the papers of two Applicants for pensions. I should be glad to be advised of them far as soon as convenient to the Department
Respectfully
D. M. Woodson

MacMillan Sept. 15 th
Jan. 31. Rent
236 42 43
Mr. Donkey at Man- Washington City

Kentucky Hopkins County ss
At a Court held for the County aforesaid on the Monday of January 1832.
The following entry among others was made in the minutes of said Court
David Weeks application of the Revolution & Applicant for pension this day produced in Court his declaration under an act of Congress passed June 7 th 1832 and subscribed & made oath to the same and the certificate of Charles Bradley and John Logan thereunder written was also subscribed & sworn to in open Court Whereupon the Court do hereby declare their opi- nion - after the investigation of the matter & after finding the interrogatories prescribed by the War Department that the said Applicant was a voluntary Soldier & served as he states in his said declaration - and the Court further certify that it appears to them that the said Charles Bradley & John Logan who subscribed the certificate above mentioned are residents of Hopkins County in the neighborhood of said Applicant and are credible persons & that their Statement is entitled to credit
David Weeks 23042
I Samuel Woodson clerk of the Court for the County of Hopkins aforesaid do hereby certify that the foregoing is a true transcript of an

copy in the minutes of said Court as the same now remains in my Office. I further certify that the paper hereto attached marked A, is the original declaration mentioned in said entry as having been subscribed and sworn to by the said Weeks and further that the cer- tificate at the foot of said declaration subscribed by the names of Bradley & John Lovren Esqrs. is the original certificate mentioned in said entry as having been subscribed & sworn to by them. In Witness whereof I have here- unto subscribed my name & affixed the seal of said County March the 15 th day of January 1838.
Dan: Woodson

Sturtevant Hopkins County Ky (4) (V)
Robert Newton - now of the County State - age aged eighty five years states that he knows of his own knowledge that David Lockes of said County State was a slave of the Revolu- tion, that he knew Locke was in Nicholas County S. Carolina before the Revolution that they (Locke and officials) resided at the house of one John Davis in S. County at the same time
He states that in the year 1775 S. Lockes served a term of duty with officials in S. Carolina against the Tories who had been living ninety six - they came up with the Tories on Hardy near Charleston a number of them.
He states that they (Locke & officials) left here in Sept 1775 and he (Locke) arrived at home on the last day of December following further states with this Robert Newton mark
Subscribed before the undersigned a Justice of the peace in for the County of The undersigned further certifies that the foregoing is a true copy Given under my hand this 5th day of Oct 1832 Sam Morton

11.0 Nov 1911 D. J. O'Brien
Sam ... ..

Waverly Steubenville Ohio
I, Samuel Woodson Clerk of the Court for the County aforesaid do certify that Samuel Morton Esq. who has subscribed the foregoing certificate is and was at the time of subscribing the same a justice of the peace in & for the County aforesaid duly commissioned and qualified and that the foregoing signature purporting to be his is genuine.
In testimony whereof I have hereunto subscribed my name & affixed my seal of Office the 11th day of January 1838.
S. Woodson