Revolutionary War Pension and Bounty Land Warrant Application File R. 11,618, Samuel F Williams, N. C.

SERVICE
NUMBER
N.C.
Williams, Samuel F.
R 11,618
CONTENTS

26. 674
Saml. F. Williams Henderson Co., Kentucky.
Rejected & did not serve six months. See letter 26 Sep 1833 to John Boyle, Hen- -derson, Ky.
John Boyle Henderson Ky.

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 subjunct 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. 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, showing the Service of Sam l H a Williams
   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.     1780 2 P t Cav. Capt. Snead 74 Traditionary   " 3 P t Col Taylor " Davy.  
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 } ss.  On this                      day of                      personally appeared (a) before A. B. a resident (b) of                      in the county of                      and State, Territory or District of                      aged (c)                      years, who being first duly sworn, according to law, doth on his oath make the following declaration, in order to obtain the benefit of the provision made by the act of Congress, passed June 7th, 1832. That he enlisted in the Army of the United States in the year (d)                      , with                      and served in the                      (e) regiment of the                      line, under the following named officers:
[Here set forth the names and rank of the Field and Company Officers; the time he left the service; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers;) the town or county and State in which he resided when he entered the service; the battles, if any, in which he was engaged, and the country through which he marched. 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)                      , who has 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 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 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 fix 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 [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.
[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.

Honble Lewis Cass
Secretary of War
Washington
D. P.
26. 6/4. —

State of Kentucky } On this 22 nd day of 7 th month, 1833 personally appeared in open Henderson County Court before the Honorable, the County Court of Henderson County Kentucky, of said County and State aged 74 - years, who being first duly sworn according to law doth on his oath make the following de- claration, in order to obtain the benefit of the act of congress of June 7 th 1832 nd and the Resolution of Congress last session supplementary thereto. (Has since lost his services even to a day) That he entered the service of the United States under the following named officers and served as herein stated That in the year 1780 he attached himself to a Dragoon Regiment of the North Carolina Militia as a volunteer under Capt. Samuel Snead. The Regiment commanded by Col. Wm. Richardson Davy. & Lieut. Philip Taylor, & served for two months, but were allowed for 3 months, as we found our own horses. Marched from Granville Court House via Hillsborough & Salisbury - to near Charlotte Court House. returned home - was drafted again as a militia man, & sent on a substitute for 3 months, the name not remembered was drafted again - & substituted Wm. Rochester in my stead for 12 months, or more - recollects Col. Daniel Morgan, & Col. Washington of the Virginia continental line -
He has no documentary evidence except a certificate which was lost and knows of no person, whose testimony he can procure, who can testify to his services except Mr. Moss of this county, who here tes- tifies to his services & served with him - He hereby relinquishes every claim whatever to a pension, except the present, and declares that his name is not on the pension roll of the agency of any State - Sworn to, and subscribed the day, & year aforesaid Signed Sam l F Williams

There being no "clergymen" to testify
We, John Moss a soldier of the time  Revolution  Revolutionary War , resident in the County of Henderson and State of Kentucky, and John Williams residing in the same hereby certify that we are well acquainted with John F. Williams, who has subscribed, & sworn to the above declaration, that we believe him to be 74 years of age, that he is believed, & reported in the neighborhood that he is believed to have been a soldier of the revolution. Which he resides in that opinion - sworn to & subscribed and we concur in that opinion - sworn to & subscribed the day & year aforesaid. John Moss John Williams
Interrogatories put to John F. Williams on application for pension by the H. B. L. the County Court of Henderson Ky
1. When and in what year were you born? In Franklin Co Ky in 1759
2. Have you any record of your age? No - recorded, but lost - if so - where is it?
3. Where were you living, when called into service; where have you lived since the Revolutionary War, & where do you now live? In Franklin Co Ky - since 1805 - afterwards in Henderson Co Ky -
4. How were you called into service; - were you drafted, did you volunteer; or were you a substitute for a substitute, for whom? Ans. I volunteered for 3 months & found the 2 Substitutes for 15 men
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 service. Ans. Col David Morgan & Col Washington
6. Did you ever receive a discharge from the service, if so, by whom was it given - and what has become of it? Ans. I recd. a certificate, and it is destroyed -
7. State the names of persons, to whom you are known in your neighbourhood, and who can testify to your character for truth, and their belief of your services, as a soldier of the revolution. Same Denton - Joshua Moss, & Wm Jones & Edmund Vaughan -

and the said Court hereby declare their opinion after the investigation of the matter, I speak the interrogato- ries prescribed by the War Department that the above named applicant was a revolutionary soldier, & served as he states, and the Court further certifies that it appears to them that John Moss of Henderson who signs the above certi- ficate is a resident of Henderson Ky, & that John Williams - who signs the same is a resident of County of Henderson Ky - and that they are credible persons, & their statement is entitled to credit
Know all men by these presents that I, John F. Williams of Henderson County Ky do hereby nominate constitute & appoint John Boyle of said County & State to be my true & lawful Attorney in fact in my name & for me to demand, & receive from the Secretary of the Treasury of the United States whatever pay may be coming to me from "25 th March 1831" to "4 th March 1832", and also a certificate to enable me to be on the roll of the Kentucky agency
Signed The foregoing power of attorney from John F. Williams to John Boyle was this day duly acknowledged by said John F. Williams before the Honable the County Court of Henderson Ky to all his free act & deed for the purposes therein named Clerks Certificate
I, William D. Allison - Clerk of the Court of Henderson County in State of Kentucky do certify that the above evidence is taken from the records in my office; In testimony whereof I have hereunto subscribed my name, and affixed my seal of office at Henderson this 22 nd day of July 1833 -
Will D. Allison "

State of Kentucky County of Henderson
Be it Known, that on this 4 th day of August A. D. 185 3 before me, the undersigned, a Justice of the Peace, in and for the County and State aforesaid, personally appeared Alfred Williams  Susan Williams & Jane D Harding resident of Henderson  the  Heirs of in said County, and made oath according to law that Samuel F Williams is the Identical man who was a Soldier in the war of the Revolution, and who has heretofore made application for the benefit of the Pension Act of 4 That they are directly interested as a claimant in said Pension, and makes this affidavit to be filed with such additional evidence or arguments as our Agent may use in prosecuting said claim. witnesses names Blackman Mosley William Walder B E Grey
guments as the Agent may use in prosecuting said claim. Countermanding and revoking all Powers of Attorney and authority heretofore given, we hereby constitute and appoint _____ of Washington City, _____ true and lawful Attorney to prosecute the claim of Samuel F. Williams for any amount of Revolutionary Pension, or increase of Pension that may be due ; and we hereby authorize the said Attorney to examine all papers or doc- uments in relation to said claim, on file in the Department at Washington City or elsewhere, to file additional evidence or arguments, and to receive for the exclusive benefit, the certificate which may be issued for said claim, which certificate is  we wish made payable at the Washington City, D. C. Agency ; to appoint one or more substitutes under him for the purposes herein expressed, and to do all things that he  we might or could do were he  we personally present. Hereby ratifying and confirming all that the  our said Attorney and Agent shall lawfully do in the premises.
Given Under My Hand and Seal this _____ day of _____ 19____ _____ _____
Sworn to, Subscribed, and Acknowledged before me the day and year above written, and I hereby certify that I believe the said
8 _____ to be directly interested in said claim as set forth, and to be the identical party therein alleged. I here by certify that the above power of attorney was assign- ed to before me as above and that there is one other paper named Jesse Williams given under my hand this 4 day of August 1853
It is Hereby Certified, that satisfactory evidence has been exhibited before me, Clerk of the Court of _____ the party who has sworn to, and _____ that 8 _____ reputed soldier aforesaid. I further certify, acknowledged the foregoing Declaration and Power of Attorney, is the 10 _____ that 11  Simon Johnson Esq. before whom the preceding affidavit and Power of Attorney were made and acknowledged, was, at the time of so doing, a Justice of the Peace, in and for said County, and that the signature purporting to be his, I believe to be genuine.
In Testimony Whereof, I have hereunto set my hand and affixed my seal of Office, this Twenty Second day of March 185 4 Will D Allison C.H.C.
  1. Claimant's name or names in full.—2. Post Office address.  3. "That he is the identical man," or, "that she is the widow of the identical man," or, "that he or she is the legal heir of the identical man," &c., &c.  4. Leave this line blank.—5. "He is," "she is," or "they are."—6. Revolutionary soldier's full name.—7. Claimant's signature.—8. Claimant's name.—9. Magistrate's signature.  10. "Identical," "widow of," or, "child of."—11. Magistrate's name.—12. Clerk's signature.  
N. B.—Should two or more heirs join in the foregoing, the plural should be substituted for the singular number.

Mr Waldo
Pension office
Dr Sir
Please file the enclosed and give me all the information desired by the parties in case of S o Samuel F. Williams withreat herat I am Sir & etc
Burlamafny
No resp
29 th March
1874

Honble Lewis Cass -
An apology is needed for the uncouth appearance of the inclosed - but we are all in confusion due on the Expectation of a return of the cholera - Most respectfully John Boyle -
*** Wedn. 1 st 8 th Mo. 1833

26,674
Ky
Hon. B.E. Gray 1 st Apr. 1854.
11618
Res d 1832

Acts of July 14, 1862, and March 3, 1873.
11,618 P.O. Sam l F. Williams
Service: _____
REJECTED
Enlisted: _____, 18 .
Discharged: _____, 18 .
Application filed: _____, 18 .
Alleges: _____ _____ _____
Re-enlisted: _____ _____ _____
Attorney: _____
P. O. _____ _____ _____
_____ Recognized. _____ Contract.
_____ Cert. of Dis. Searched for _____, 18 .