Revolutionary War Pension and Bounty Land Warrant Application File S. 32,582, William Wells, N C

SERVICE
Nb
Wells, William
NUMBER
S. 32.582
CONTENTS

Order to pay 27. Sept 1837.
Letter to Pension Agent H. Flann 10. Aug 1839.
Paid at the Treasury under the Act of the 6 th April 1838 from 4 March 1838 to 4 th Sept 1838. Agt Notified 30 Aug 1839
Order to pay 28 th Sept 1839

Indiana 29.579
William Wells
of Floyd Co. in the State of Indiana who was a Private in the company commanded by Captain Sharp of the Regt. commanded by in the R C line for 6 months
Inscribed on the Roll of Indiana at the rate of 20 Dollars Cents per annum to commence on the 4th day of March, 1831.
Certificate of Pension issued the 17 th day of Dec r . 1834 and sent to Hon. John Carr H.R.
Arrears to the 4th of Sept. 1834 70.00 Semi-ann. allowance ending March '35 10.00 $ 80.00
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by D. Brown Clerk Book E-2- Vol. 7 Page 141

29.985
Mr Wells. Ind
Myrs Mill,
Prunus dasycarpa
bare bud

State of Indiana, St. Joseph County ss: on this _____ Day of March 1834 personally appeared before me John Conner one of the Judges of the St. Joseph Circuit William Wells a resident of New Albany County of St. Joseph State of Indiana aged seventy four 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 and served as herein stated
In the month of _____ 1776 he was draft- ed under Capt Sharp, and served a term of three months in the Militia and was marched to Catawba River -
In May 1780 he volunteered under Capt William Hutchinson & marched from Wilmington County State of North Carolina where he then resided, and joined Col Smyth's Troops and was engaged in a battle at Rocky Mount was in the army at this time ten months -
In March 1781 - he enlisted into the service under Capt Taylor and was marched to Santee River and joined General Marion Troops - He enlisted for three years or during the war at this time & served

until July & honorably discharged he thinks that he attained his discharge in September 1752
he has no documentary evidence and knows of no person whose testimony he can procure who can testify to his service -
he was born in Colbert County State of Maryland in the year 1760. Has no record of his age, was living in Wilson County State of North Carolina when called into service - since the revolutionary war he resided in Charleston South Carolina until 1792, then moved to Fayette County Kentucky lived there until 1809 then moved to what is now Franklin County State of Indiana where he now resides - In his first term of service was drafted - in the second volunteered in the State troops & in the third entered he was under Col. Lupton and
General Mason
He is acquainted with John Cannon & has seen him since. He first moved into Kentucky - with Seth Headrick & Isaac Brooks who can testify as to his veracity as

We hereby acknowledge every claim whatever to a pension or annuity except the present and declare that his name is not on the pension roll of the agency of any State —
Sworn to & subscribed } before me this 13 th day of } William L Wells March 1834 } clerk
John Conner
We Seth Readuff a clergyman residing in New Albany County of Gray & the State of Indiana & Isaac Brooks residing in the same hereby certify that we are well acquainted with William Wells who has subscribed a sworn to the above declaration, that we believe him to be 74 years of age, that he is ex- pected and believed in the neighborhood where he resides to have been a Sol- dier of the revolution and that we concur in that opinion
Sworn & subscribed } This 13 th day of March } 1834 before me } Isaac Brooks
John Conner

I John Cannon one of the Judges of the Circuit Court of the County of Floyd State of Indiana, do hereby declare my opinion after the investigation of the matter and after putting the inter- rogatories presented by the Dear Department that the above named applicant was a revolutionary Soldier & served as he states, and I further certify that Seth Woodruff who has signed the preceding certificate is a Gingham merchant in New Albany Floyd County Indiana & that Isaac Brooks who has also signed the same is a resident in New Albany in said County and is a credible person, I further certify that I have been personally acquainted with said William Wells said applicant for more than thirty years, that the State most of the said Seth Woodruff & Isaac Brooks is entitled to credit I also certify that the said William Wells has been confined to his bed for a number of years & cannot from bodily infirmity attend court In testimony whereof I have hereunto set my hand same this 12 th day of March 1834 John Cannon

I Henry Scribner Clerk of the Floyd Court Count, do hereby certify that John Gannir before whom the above proceedings in the Matter of the application of William Kells for a pension was read is a true of said Count which is a Court of record I also certify that the signature annexed to papers is his genuine signature In testimony whereof I have hereunto set my hand & affixed the seal of the Floyd Court Count this 14 th day of March 1834 — Henry Scribner Clk
State of Indiana
Floyd County ss On this 2 nd day of December 1834 personally appeared before me John Gannir one of the Indorsees of the Floyd Cir- cuit Court William Kells the applicant named in the above declaration and being by me first duly sworn on his oath saith that in his second engagement men- tioned in his declaration — — Sampter was the Col of the regiment to which he belonged — and that in his third en- gagement he belonged to the regiment of Col Sampter Subscribed this 2 nd day of December 1834 before me John Gannir William Kells member

I John Cannon one of the Associate Justices of the Superior Court do hereby certify that the above William Wells cannot prove adultery against him. In testimony whereof I have hereunto set my name this 2 d Day of December 1834
John Cannon
I Harvey Scribner Clerk of the Superior Court do hereby certify that John Cannon upon whom the above proceedings in the matter of the amendment of the application of William Wells for a perjury was read is a Justice of the said Court, which said Court is a Court of record. I also certify that the signature annexed to the paper is his genuine signature.
In testimony whereof I have hereunto set my hand and affixed the seal of the said Court this 4 th Day of December 1834
Harvey Scribner (Clk)

29.985
William Wells
Indiana
e
f - p 6 - p 20
E
Hon John Cass, H. R.

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 subjjoined 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. 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 complying with this request, greatly facilitate the investigation of your claim.
A Statement, shewing the Service of William Wells
   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.     1776 3 P. Col Sharp 74 N.C. Traditionary   May 1780 10 P. Col Hutchinson   mid 1781 to Sept 1782 P. Col Taylor Col.    The statement of the applicant's service is not sufficiently full. He should also state the Colonel to whom reg t he belonged in his 2 d & 3 d engagements.
I am, respectfully,
Your obedient servant,
JAMES 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. 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 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 [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.

As it seems the D te cannot allow more than the lowest order of pension in accordance with the proof submitted I will be content to take up the pension
John Carr

TREASURY DEPARTMENT.
Second Comptroller's Office,
August 13 th , 1839.
Sir:
Under the act of the 6th of April, 1833 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," William Wells, New Albany a Pensioner on the Roll of the Indiana Agency, at the rate of Twenty Dollars and _____ Cents per annum, under the law of the 7 th June 1832, has been paid at this Department, from the 4 th of March, 1838, to the 4 th Sept. 1838.
Respectfully, yours,
William B. Parrish Comptroller.
To the Commissioner of Pensions,
Present.

William Wells Indiana 7 th June 1832
$20.00
To What time last paid
Pension Office
10 Aug 1839.
paid to 4 March 1838.
T. H. H. —

32 582 Rev INVALID.
File No. 32,582
William Wells
Pa Rev War
Act: June 7 th 39 th
Index:—Vol. _____, Page _____
[Arrangement of 1870.]