Revolutionary War Pension and Bounty Land Warrant Application File R. 11,587, John Williams, N. C.

SERVICE
NUMBER
N.C.
Williams, John
R. 11,587
Born in N.C.
CONTENTS

23114
John Williams
Onslow county
North Carolina
Rev
a. not authentic
11587
David W. Saunders Esq.
Onslow C.H.
North Carolina

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 subjained 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 John Williams, Onslow county North Carolina
   Period when the service was rendered. Duration of the claimant's service. Rank of the claimant. Names and Rank of the Company officers under whom he served. Names and Rank of the General and Field officers. Battles in which the applicant was engaged. Country through which he marched. Place of abode when he entered the service, and age at the present period. Evidence by which the declaration is supported.   Years. Months. Days.     Volunteer 1 private Capt John Boston Col Johnson Wilmington 75 tradition   Drafted 3 Capt Williams Col Rhodes Wilmington Onslow county   do. 6 Capt Battle Wilmington N.C.   do. 3 Capt Grant Maj Daws do   do. 3 Capt Snead Col Stith Beaufort   Volunteer 4 cavalry Capt Love Newbern   Drafted 3 Wilmington   20  
I am, respectfully,
Your obedient servant,
J. L. EDWARDS, Commissioner of Pensions.
Applicant of tradition not sworn to affirm his not a true.

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 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 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 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 , 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.

State of North Carolina } Court of Pleas & Quarter Sessions Newbern County } Nov Term A.D. 1833 -
John Williams whose papers are herewith appended comes into open Court this 7th of Nov 1833 & files this his amending declaration -
He serves as follows -
1 months under Col Johnson of Newbern - Joined at Richland Chapel in said County in 1777 being then 19 years of age - we spent the month at Wilmington (50 men)
3 - mos - directly after our return I was drafted under John Boston Captain one company in Newbern, went again to Wilmington, I staid the three months -
6 - mos - under Capt Benjamin Williams drafted in Newbern County & went to Wilmington, the first 3 mos in the foot & the last three months in the light horse, having got a horse from my father, I equipped myself - we about 50 light horse went to Sampson County, I took 20 Tories - came home after the last 3 mos were out -
3 - m we were next drafted under Capt Ephraim Battle under whom we served three months, I went to Wilmington,
3 - m I was again drafted I served three mos at Wilmington under Capt Grant, afterwards Colonel very little time between my this time was out under Battle & when I joined Capt Grant -
4 mos under Capt Smeal, Col Mitchell & Scott Cragg in the light horse as a volunteer, sixty of us - we had an engagement on Pender's Bridge at Tuckahoe in Jones County - and in the old field - when the particular stated as within occurred -
Major Daws exercised our men at Wilmington, Colonel Rhodes joined us from his own house, he lived on Hogg's Key on the Wilmington Road - we had barracks in Wilmington, was not engaged in any civil service -
After the affair at Tuckahoe we pursued Cragg on his return from Newbern to Wilmington -

The foregoing contains a detailed statement of the facts required by the department as far as they are in the recollection of the affiant -
Sworn to & subscribed this day of year aforesaid Feb 1 st 1841
his John X Williams mark
We the subscribers residents of Onslow County hereby certify that we are well acquainted with the applicant John Williams who has sworn to & subscribed the above declaration, & the accompanying documents, that he is a man of veracity, entitled to credit, that he is universally believed in his neighborhood to have been a soldier of the Revolution that we concur in that opinion -
Sworn to & subscribed this day of year aforesaid
Henry Williams H. D. S.
Sam l Freygel
Gabriel Gray
I Asa H. Rhodes hereby affirm that I have heard my father Woodson Rhodes, who was a soldier  Colonel  lieutenant in the Revolution, state that the above applicant John Williams served with him in the Rev d War.
Sworn to & subscribed this day of year aforesaid
Asa H. Rhodes
We the undersigned the present court of onslow now sitting certify that the foregoing contains the original proceedings had this day in open court, that the gentlemen who have subscribed & sworn to the foregoing certificates are respectable and entitled to credit & that we concur in the opinions expressed by them.
Wm. H. Hargett H. D. S.
L. V. Olin H. D. S.
Henry Williams H. D. S.

I David W. Jenkins, Clerk of the Court of Pleas at Newton Sessions of Oxford County hereby certify that the whole of the foregoing proceedings, were had in open Court & the amen- datory declaration was there duly made in open Court - Further certify that the names of Mr Mortimer L. T. Oliver, & Mr Williams are their proper names & that they are ac- ting magistrates of this County - Further certify that Ezra H. Rhodes who has certified to the foregoing affidavit is a respectable resident of this County & the signers of the other certif- cates are also respectable and entitled to credit.
In testimony of all which there- foreunto set my hand & I have my seal of office this 7th Novr A.D. 1833
D. W. Jenkins clk

The said County Court of Meigs on this 4th day February 1833 hereby certify that the foregoing proceedings in relation to the application of John Williams for a pension as this day had in open Court. It further appears to this Court after putting the interrogatories of the as above stated & described by the War Department that the said applicant was a Revolutionary Soldier & served as he states. And it further appears to this Court certifies that Thomas Hawkins is a respectable Clergyman of this County & that his certificate above is entitled to credit & that the gentlemen who have signed the said certificate are respectable citizens of this County & their statement is entitled to credit -
Wm B Thompson (Seal) Anthony H. Rhodes (Seal) Seth Cling (Seal)
J. David Sanders Clerk of the Court of Pleas and Quarter Sessions of Meigs County, that this full copy contains all the original proceedings,

And in the matter of the application of John Williams for a pension
In testimony whereof I have hereunto set my hand and seal of office the 7th day of February A D 1833
J. W. Landers, clk.

1 Where in what year were you born? Ans - The 10th June in Onslow County State of North Carolina in 1758
2 Have you any record of your age before where is it? Ans - I had a book, but the leaves have been lost
3 Where were you living when called into service, where have you lived since the Revolutionary war, Where do you now live? Ans In onslow - In onslow & I still live there
4 How were you called into service, were you drafted, did you volunteer, or were you a substitute, if a substitute for whom? Ans - I was first a volunteer, afterward was drafted a number of times I once found a substitute for three months, a man named John Webb
5 State the names of some of the Regular Officers, who were with the "troops" here you served, such Continental Militia regiments as you can recollect, & the general circumstances of your service
6 - I know nothing of the Regular Officers having never served any - Saw them sometimes

Knows nothing of the names of the Regiments - I did not go out of the State - never went further than Sand Clinton's in Sampson's - had no battles except the one at Tuckahoe in Essex County in this State -
Have the names of persons to whom you are at present known in your neighborhood, who can testify to your character for veracity, & the belief of your services as a soldier of the Revolution?
John Jonathan Wilder John Bradham
Hilary Brinson
John Williams
Yours sincerely Thos 4th Feb 1833
X marks

John Williams
Mar —————
Impended. In letter
9 December 1832 to 11 October 1834
James Taylor Esq
Newbern N.C.
Act of June 1832

REJECTED
11.087
P. O. _____
John Williams
Service: _____
Enlisted: _____, 18
Discharged: _____, 18
Application filed: _____, 18
Alleges: _____
Re-enlisted: _____
Attorney: _____
P. O. _____
_____ Recognized. _____ Contra
_____ Cert. of Dis. Searched for _____, 18

State of North Carolina } Court of Pleas & Quarter Sessions Onslow County } February Term A.D. 1833
On this 4th day of February personally appeared in open Court, before the Justices of the Court of Pleas & Quarter Sessions of Onslow County now sitting John Williams a resident of said County & State, aged 75 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 1832, passed June 1st
1832
I, John Williams, served in the Revolutionary War under the Command of Col. Henson in a volunteer Company. I was then living in Onslow County. This was early in the war - In this first trip we went to Wilmington & stayed one month. After this I served under the Com- mand of Capt. John Boston Col. Rhodes three months at Wilmington - We joined at the Richland Chapel in Onslow - This time I was drafted. After this we returned home I was again drafted under the Command of Capt. Brey- Williams & served with him six months at Wilmington & Beaufort Bridge - After this I again came home to Onslow was again drafted under Capt. Battle & served under him three months at Wilmington - I again served, under Draft with Capt. Grant three months at Wilmington & the Richland of New River, near Livingston & Major Daws were our Commanders - After this, then under Col. Mitchell I again served four months in the light horse, formed my own horse detachment - We were disbanded in November - We marched from the Richland of Onslow, to Major Clinton's in the edge of Sampson

where we took about 20 Tories & we then went to old Duplin Court House & thence home. I then served three months under Capt Love at Wilmington, being drafted, I hired a substitute for three months. I was engaged at times during the whole war - At Forks of I was one of a party of sixty who attacked about 50 of the enemy & we drove them toward Wilmington. We there then commanded by Ben Williams - the enemy by Genl Gordon who was killed. I myself took Genl Gordon's horse pistol, Bridle, saddle & spurs & killed one of his men who fired at me. We got 14 twenty of their guns which they had thrown away - I had a ball shot through my hair.
Test James Taylor
John Williams
He hereby relinquishes every claim whatever to a pension or annuity except the present I declare that his name is not on the pension roll of the Legislature of any State -
John Williams
I have subscribed the day of year aforesaid
We whose names are hereunto subscribed certify that we are residents of Onslow County & that we know John Williams who has sworn to the above declaration. That his statement is in our opinion entitled to credit, that he is reported & believed in his neighborhood to have been a soldier of the revolution.
I have subscribed the day of year aforesaid
Nov 13 Nov 1863 D. W. Saunders

I Thomas Hawkins hereby certify that I am well acquainted with John Williams, the person who has subscribed & sworn to the above declaration, that I believe him to be seventy two years of age & that he is reputed & believed in his neighborhood to have been a soldier of the Revolution -
I hereby subscribe this day & year above written
Thos B. Hawkins
State of N.H. } This declarant further states Mills County } that he was seventy five years of his day of June 1833. - John Williams mark Wolsey D.M. Sanders