Revolutionary War Pension and Bounty Land Warrant Application File R. 10,811, John Upton, N.C.

SERVICE
Upton, John
NUMBER
R. 10.811
CONTENTS

Province of Nova Scotia County of Richmond Hawkersbury ss
On this Seventeenth day of July in the Year of our Lord one Thousand Eight hundred and forty six before me, Charles Fortnum Harrington Esquire Judge of Probate and for Granting Letters of Administration, in and for the said County, it being a Court of Record; — John Winton a resident of Hawkersbury in said County, in the Province of Nova Scotia, aged about Eighty five Years, who being first duly sworn on the Holy Evangelists, 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 of the United States, passed on the Seventh day of June 1832: — That he enlisted as a private in the Army of the United States of America, in the early part, being the Winter of the Year one Thousand eight hundred and seventy seven, either in the month of January of that Year, or in the month of the previous December: That he was about sixteen years old at the time, and left his father without his knowledge and consent, and enlisted with Sergeant Peter Harold, at Norfolk, and served in the Second North Carolina Regiment of the Continental line; first under a Captain whose name, was Crawford; (I do not recollect his Christian name) — a Scotchman who did not go northward with the Army, but as he, Declarant was informed, afterwards stopped at his home: That he Declarant, served afterwards in a Company of which James Armstrong was Captain; the said Regiment was under the Command of General Hask, and John Patton was its Lieutenant Colonel: That he was in service upwards of three Years, and was engaged in several Battles; That his first engagement was at a place called Brandywine, in the Autumn of the same year, on the Schuylkill
Nov,

River: the next was at Germantown about three weeks after where General Nash was killed: That afterwards they went into winter quarters, and in the following summer went to Monmouth, and had another engagement which lasted until late in the evening: he knew General Lee in the army at Monmouth: they lay on the ground all night, the English this time retreating to a hill: They declarant with his regiment retired to a place called Stony Point, on the Hudson They wintered three seasons in those parts, but declarant from lapse of time cannot positively say now in what place he wintered there successively while with the army before marched to the South; but he remembers one at Raleigh, one at Valley Ford, and one at Provesstown: That They were next ordered to the South, and arrived at Charleston, and were there some time in Garrison there under General Lincoln at which time the City was besieged by the British: he, declarant was taken prisoner by the British when the Town surrendered, and recalls among his fellow soldiers who were also taken prisoners at the same time, by the British — Sam Sewell, Miles Murphy and Lewis Tilly, and was put, by them, the British, with his comrades, prisoners, on board a British Frigate: Shortly after the British proposed to declarant and his fellow- prisoners to enlist in the service of the British army, which they all refused to do, at all times: and openly declared that they would never take arms against their native country, — the United States: he, with his fellow-prisoners was continued

continued to be detained prisoners by the British, and carried away to the West Indies, and thence brought to Halifax in the fall of the Year when they were taken to Brookline in the County of Nova Scotia, above Halifax, and kept prisoners there all winter and then left there at their liberty: That he made three several attempts to escape from the British during that time, and to get back to the United States, but could not succeed: That the next year he was joined, with others, to come to Manchester in the Eastern part of Nova Scotia, where he was exposed to much privation and poverty, the Country being almost an entire wilderness, and but little inhabited: That, owing to these circumstances, he could not return to his native Country, and after having resided seven years at Manchester, removed to Haverbury where he has continued to reside ever since - a period of upwards of fifty three Years: And Declarant further saith that he was born near Norfolk in Virginia, and removed with his parents to North Carolina, and lived at a place called Pasquotank, and that he was a resident of that place when he joined the Army in the American Service under General Washington. That the following are the names of some of his fellow soldiers as were in the same company or Regiment with him, namely, Francis Thoroughgood, James Harald, James Armstrong, and Sam: Glover who was a Sergeant. That Declarant's father, Josiah Upton, and Declarant's Brother Willis Upton, were in the same Regiment afterwards, and fought at Brandywine in the Battle of Germantown, but has seen neither of them since, nor heard of them, and supposes them to have been slain in battle, and Declarant further recollects that his Regiment was commanded and

and trained about this period by one Count D'Estaing, a French General assisting the Americans. And Declarant further saith that at the time when he enlisted in the service of the United States of America as aforesaid, his father owned a valuable landed property in North Carolina but which has been wholly lost to Declarant in consequence of his having enlisted in the said service, and subsequent events, which are narrated above. That Declarant after some time residing in Manchester, met with a young woman by the name of Mary Proctor, also a native of North Carolina and married her, with her, about fifty two years ago, and has lived with her ever since; that they have a large family of children, and are now in destitute circumstances, having none of his children with him. That Declarant has hitherto enjoyed good health, but is infirm owing to old age and principally to a Rash or cutaneous disorder, which now covers a great part of his body and prevents him from going from his work, and renders him wholly unable to leave his home, and that he only believes that if he were to attempt to travel, his life would be much endangered, and that his remaining strength is not by any means sufficient to enable him to go from his house, on any occasion, and to which he is wholly confined. And lastly Declarant saith, that ever since his arrival in this country he has endeavoured and desired to return to his native place but his poverty, and his increasing family have prevented him, and that his residence in this country has been always against his will.  Sworn to and subscribed before me } John his X Upton the day and year aforesaid: before me } Mark Charles F. Harrington Judge Probate

And the said Court do hereby declare their opinion that the above named applicant was a Revolutionary Soldier of The United States of America, and served as he states in his foregoing Declaration: and that he made his mark thereto; being wholly unable to write his name
Charles Fortnum Harrington
Province of Nova Scotia Richmond
I Thomas H. Miller Clerk and Registrar of the said Court Do hereby certify that the foregoing contains the original pro- ceedings of the said Court in the matter of the application of John Upton for a Pension whose name is signed to the foregoing Declaration
In testimony whereof I have hereunto set My hand and seal of the said Court at Bridgetown in the County of Richmond this Nineteenth day of August A D 1846.
Thomas H. Miller Reg. of Probate

Province of Nova Scotia County of Richmond Archibald Stewart
ss Charles Fortnum Harrington of Archibald in the County of Richmond Esquire Judge of Her Majesty's Court of Probate for the said County: Notary Public &c. and whose name is subscribed to the first of the foregoing Declaration, and also the notarial Certificate annexed. Do solemnly swear in the presence of Almighty God, that I was personally present at the Resubscribed of John Upton in the foregoing Declaration named, at Hawksbury in the said County on the seventeenth day of July last, at the making of the said Decla- ration by the said John Upton and that I particularly examined into the State of Health of body and mind of the said John Upton whom I found in full possession of reason and memory, and of sound and lively intellects superior to that of most men of the age of Eighty Years and upwards: but that he was confined to his residence by a disease on the skin resembling Scarry which covered the greater part of his body and prevented him taking any bodily exercise as deponent verily believes, owing to the extreme soreness of the skin, from which he evidently suffered much: And I further swear that there was no Doctor or Medical Man of any kind living at this time

within twenty miles of the said Upton's residence, so that he was thereby prevented from obtaining a Doctor's Certificate or Evidence in this matter. And I further swear that I firmly believe that if the said Upton should attempt to travel one day from his residence, his death would inevitably and immediately ensue: but that the said John J. kept comfortable, well in opinion of this deponent, since yet several years and further that he is much in need of assistance, having no other ordinary attendant than his wife, an aged and infirm woman.
Sworn to before me by the subscriber at Bristol this 31 st day of August 1846
Charles F. Harrington
Simon D. Moran United States of America Causula Agent

County of Richmond Arichat ss
I we Andrew Madden Esquire. Prothonotary of Her Majesty's Supreme Court at Arichat in the County of Richmond, and Justice of the Peace in and for the said County William Crichton of Little Arichat in the said County and Charles Fissett of Arichat in the said County Esquires, also Justices of Her Majesty's Justices of the Peace in and for the said County. Do hereby severally certify unto all whom these presents may come That we are well acquainted with John Upton of Hawkbury in the said County named in the foregoing Declaration, and from general information, and our own judgment, believe him to be a person of good character: And further that we are convinced he is a native of some part of the United States, and has always been reputed as such: That he is very aged and in indigent circumstances, and resides on a Farm at Hawkbury aforesaid: That he has an aged wife with whose assistance alone he saves himself from extreme want: depending in a great degree upon the charity of his neighbours, none of his children residing with him, they being fishermen in poor circumstances.
Given under our hands at Arichat this nineteenth day of August 1846.
A. Madden Esq. Pro. Supreme Court Wm Crichton J. Peace Charles Fissett J. P.

Province of Nova Scotia } Anchorage Point
I Charles Fortuno Harrington Notary Public duly admitted and sworn and now dwelling at the said So hereby certify that I have for a long time been personally acquainted with Andrew Madden William Crichton and Charles Fisset Esquire whose names are to the above Certificate signed, and that they respectively hold and enjoy the Offices and Titles set forth in the said Certificate and that they all reside at Anchorage aforesaid and I further certify that the signatures "A Madden Esq. Supreme Court" "William Crichton J. Peace" & "Charles Fisset J.P." subscribed to the said Certificate are of the respective proper handwritings of the said Andrew Madden, William Crichton and Charles Fisset who severally subscribed the said Certificate in my presence.
In Testimony whereof — Charles F. Harrington Not. Pub.

Province of Nova Scotia County of Richmond Hawksbury. ss
William Chilley of Shep Harbour in the County of ( Shep Harbour ) Inverness having been duly sworn on the Holy Evangelists of Almighty God. Maketh oath and saith that he has resided for the last Twenty five years at Hawksbury in the County of Richmond and within the vicinity of John Upton named in the foregoing annexed Declaration. That during the above period deponent has been well acquainted with the said John Upton who has resided at Hawksbury in the County of Richmond since the time of Deponent's first arrival here, and further deponent saith that during all this time he has understood from general report and from deponent's acquaintance with the said Upton that he was a native of The United States of America, and fought as a Soldier in the Armies of the United States against the British in the American Revolution, and was made prisoner by the British, and brought away as such to this Country, and deponent.

Deponent further saith That ever since his first acquaintance with the said John Upton he has known him as a man of honesty and credit among his acquaintances: That he is now aged and infirm and wholly unable to move from his residence. and lastly that he is in very indigent circumstances and in a great measure dependant on the charity of the public for his subsistence.
Sworn to before me at Nup Harbour this 1 st day of August 1846. Edward Sewin
William Child

Province of Nova Scotia County of Richmond Hawkshury ss
Susannah Grant of Hawkshury in the County of Richmond, and Province aforesaid. Widow. maketh oath and saith, That her father was a Captain in the British Army, in the war of the American Revolution, and deponent with others of the family were with her father at that time at Staten Island in the State of New York, and about sixty five years ago, accompanied her father with the rest of his family in his removal to Manchester in Nova Scotia, at the conclusion of the war. That on deponent and family's arrival at Manchester, They saw John Lepton named in foregoing Declaration, and whom they then understood, both from himself, and the neighbourhood generally, That he had been a soldier in the service of the United States of America, and had been taken prisoner by the British at Charleston, and brought away by them to Nova Scotia; That from that period to this time deponent has yearly known and seen the said John Lepton, and has resided ever since in his vicinity, and has always understood him, and known him to be generally recognized in this settlement as one of the soldiers of the United States of America in the war of the Revolution; and that from deponent's first acquaintance with the said Lepton she has heard him relate his services and adventures in the Army

of the United States, at the Battles of Brandywine, Germantown and Monmouth, and of his having been taken prisoner by the British and brought as such to Nova Scotia. That the said Lepton has resided at Hawkshury within two miles of deponent's residence, more than fifty years; that deponent has always known him for, and believes him to be, a good moral character, respected for his honesty, and worthy of credit. That deponent has always heard him expressing his anxiety to return to Norfolk, his native place, but his poverty would not allow him. That he is now very aged, and infirm and lives alone with his wife. is much in need of food and clothing and is constantly confined to his house and wholly unable to move therefrom, owing to his infirmity of age and an illness which resembles scurvy, on his skin, particularly on his limbs, which deponent has seen, and attributes to his want of proper clothing and food: and lastly deponent saith that she is of the age of seventy six years.
Sworn to before me at Hawkshury this
seventeenth day of July 1826
Charles F. Harrington
Judge Boteler
Suzanna Grant

Know All Men by These Presents That I Mary Upton of River Inhabitants Settlement in the County of Richmond, Island of Cape Breton, Province of Nova Scotia Widow, of John Upton late of Same River Inhabitants Settlement, deceased, Farmer, and formerly a Soldier serving in the Army of the United States of America, at the time of The Revolution, Do hereby make, constitute, ordain, and appoint, irrevocably John McLeod of River Inhabitants Settlement aforesaid, in the Island of Cape Breton, my true and Lawful Attorney for me and in my name, to solicit, ask, demand, apply for, obtain, recover, and receive of and from the Government of the United States of America, all sums of money, pensions, or arrears of pension, grants of money, bounties, dues, or gifts whatsoever, to which my deceased husband the said John Upton, at any time, during his lifetime, was entitled to claim, or receive, for his services as a Soldier or Corporal in the Army of the United States of America in the Revolutionary War performed in and from the Year of our Lord one thousand seven hundred seventy to the Year one Thousand seven hundred and eighty inclusive or at any period whatsoever during the said war, and as provided by any act or acts of Congress of the said United States. And also for me, and in my name, to solicit, ask for, recover and receive any pension money, grants of money, gift, dues or sums of money to which I the said Mary Upton as the widow and Relict of the said deceased John Upton am now, or hereafter at any time or times may be, entitled, — by reason of his services as a Corporal or Soldier as aforesaid whether in his right or my own — and for me and in my name and stead to use all lawful and proper means and to retain and engage such proper persons in any part of the said United States as may be necessary to assist in the procuring and recovering for me all such sums of money pensions.

pensions, grants, gifts, dues, bounties, or arrears thereof, or of any part thereof, as may now or hereafter be due, by reason of the services aforesaid, and also for me and in my name to give and execute by himself or by his substitute or agent, all proper receipts, acquittances discharges, or releases whatsoever. And also in my name and stead to employ retain, and pay some person of ability and credit in the said United States as my prosecuting agent specially for the obtaining and recovery of the moneys or dues above mentioned, and for the paying over of the same after the deduction of all proper disburse- ments and charges, to my said Attorney. And I the said Mary Upton do hereby and in my name allow, direct, and agree that my said Attorney John M. Lord shall and may by himself or his agent or attorney, pay and allow to such prosecuting agent, upon the recovery of the said pension or pensions, or arrears of pension, or grant or dues whatsoever, a third part or portion of the whole amount thereof, as a reward or payment for his the said agent's labor, diligence, attendance, and other charges, bestowed or expended in the prosecuting and recovery thereof, and in paying over the same to my said agent after the deduction aforesaid: And I do also by these presents authorize and appoint and empower my said Attorney to do and execute all other deeds, things, acts, or services as may be deemed necessary for the furthering the application for the dues and pensions abovenmentioned, and for the recovery of the same, as fully absolutely, and entirely as if the said Mary Upton were actually present and doing the same. The said Mary Upton hereby ratifying and confirming all and

and every the acts and doings of my said Attorney in the premises. Witness my hand and Seal at Riva Inhabitants Settlement in the Island of Cape Breton aforesaid. This fourth day of April in the Year of Our Lord one thousand eight hundred and fifty three.
Witnesses.
Signed Sealed and delivered In presence of
My Mary X Upton Mark
the foregoing Sealing Attorney having been first read explained & declared to be understood and signed by the said Mary Upton in the presence of
Charles F. Harrington Notary Public
Angus Graham Carpenter

Province of Nova Scotia
Island of Cape Breton
County of Richmond
Ansehat Road
I Charles Fortnum Harrington, Notary Public, duly admitted and sworn and dwelling at Ansehat in the County of Richmond and Province of Nova Scotia. Do hereby certify, that the foregoing prefixed Power of Attorney was duly signed, sealed, executed, and delivered by Mary Upton therein named, and at the time and place therein mentioned, in my presence and in the presence of Angus Graham subscribing Witness thereto, and that the signature X. made thereto is the mark of signature then made by the said Mary Upton with my assistance, as for her signature thereto, she being unable to write, and that I at the same time at the request of the said Mary Upton, wrote her name thereto subscribed with the said mark X. in completion of her signature to the said Power of Attorney, and I further certify that the said Power of Attorney was by me first carefully read, explained, and declared to the said Mary Upton, she being then and still in the full possession of her mental faculties, and of a retentive memory, and further that the signature thereto subscribed "Angus Graham, Carpenter" is the true handwriting of the said Witness Angus Graham, and was then and there written in my presence, and that I the said Notary did then and there write my signature thereto as a Subscribing Witness. And I further certify that the said Mary Upton is the widow of John Upton late of River Inhabitants Settlement in the Township of Hawkswing, Farmer deceased, formerly known as having been a soldier in the Service of the United States of America in the Revolutionary war, and the same who about six years ago through John Blood Esquire made application for his pension for such service, to the American Government. This Deed at River Inhabitants aforesaid this Fourth day of April One thousand eight hundred and fifty three, under my seal of office.
In Test: Ver:
Charles F. Harrington Notary Public

August 2, 1922.
J. A. Upton, Estacada, Oregon.
Sir:-
In response to your letter dated June 9", 1922, you are advised that from the papers in the Revolutionary War claim, R. File No. 10811, it appears that John Upton was born, date not stated, near Norfolk, Virginia, and lived in Pasmetank North Carolina (or Pasquotank) at the time of the Revolution, and from said place he alleged that he enlisted as a Private in the Winter of 1777, and served "upwards of 3 years under Captains Charles Allen, Crawford and James or Thomas Armsyrong and Lieutenant Colonel John Patten, North Carolina Troops; that he was in the battles of Brandywine, Germantown, Monmouth and at the Siege of Charleston, where he was taken prisoner, and placed on board a British Frigate, taken to the West Indies, thence to Birch Cove, above Halifax, Nova Scotia where he was held all Winter and then set at liberty. He then went to Manchester, Richmond County, Nova Scotia, where he remained 7 years, thence to Hawksbury, Nova Scotia, where he still resided at the time of his application for pension July 17, 1846 aged 85 years.

His claim was not allowed as he failed to give satisfactory reasons for his continued residence in Nova Scotia, from the time of his release as a prisoner of war.
In 1846 he states that he married in Manchester, Nova Scotia, "about 52 years ago", Mary Proctor, a native of North Carolina; that she was then living and they had a large family of children, names not stated.
Soldier was son of Josiah, also a soldier of the Revolution.
Very respectfully yours,
Acting Commissioner.

Acts of July 14, 1862, and March 3, 1873.
REJECTED
111,811
P. O. John Upton
Service: _____
Enlisted: _____, 18 .
Discharged: _____, 18 .
Application filed: _____, 18 .
Alleges: _____ _____
Re-enlisted: _____ _____
Attorney: _____
P. O. _____ _____
_____ Recognized. _____ Contract.
_____ Cert. of Dis. Searched for _____, 18 .
1922. Aug. 2 first to J. A. Upton. En.

STATE OF NORTH CAROLINA, OFFICE OF SECRETARY OF STATE.
I, WILLIAM HILL, Secretary of State, in and for the State of North Carolina, do hereby certify, that it appears from the muster-rolls of the Continental line of this State, in the Revolutionary War, that Francis Thoroogood a private soldier in Capt. Chas. Allen's Company of the Second Regiment, entered the service on the day of 1777 for the term of The war, and that he was a Corporal 15 th July 1779. That Samuel Glover a serg. in said Company and regiment, entered the service in 1777 for the war, that he was a private in July 1779 and died 23 rd Feby 1780.
Given under my hand this 7 th day of October 1846.
Wm Hill Secretary of State
These two are mentioned in Nipton's dissertation as fellow-soldiers -

STATE OF NORTH CAROLINA,
OFFICE OF SECRETARY OF STATE.
I, WILLIAM HILL, Secretary of State, in and for the State of North Carolina, do hereby certify, that it appears from the muster-rolls of the Continental line of this State, in the Revolutionary War, that John Upton a private soldier in Capt. Charles Allen's Company of the Second Regiment , entered the service on the 14 th day of Decem r 1776 for the term of three years , that he was a Corpl t in February 1779 , a Warrant for bounty land for seven years service was issued to him on the 30 th Sep r 1785. N o 2639 , drawn by Capt t Davis . Given under my hand this 7 th day of October 1846 .
Wm Hill Secretary of State

Certificate of the Secretary of State of N.C.

State of North Carolina
Office of Secretary of State
I William Hill Secretary of State in and for the State of North Carolina, do hereby certify that a warrant for the services of John Upton, as a private soldier in the revolutionary war, for 640 Acres of land, drawn by Capt. Davis on the 30 th Sept r 1785, of No 2439, was issued from this Office as appears of record. At that time nothing more than the certificate of a filed Officer, was required by the State, to authorise the Secretary to issue and deliver all such warrants, to any person applying for the same
Given under my hand this 18 th day of May 1852.
W m Hill Secretary of State

I John Upson of Hawksbury in the County of Richmond, Yeoman, in the Province of Nova Scotia Do hereby appoint John McLeod of River Inhabitants in the County of Inverness in the Province aforesaid, Esquire, my true and lawful attorney to obtain for me the evidence necessary to procure a pension for services as an American Soldier in the war of the Revolution and to apply to the Secretary of State of North Carolina for certificates of all such evidence in his possession or control: and generally to sign all papers and documents for me necessary to procure the evidence of services as aforesaid and receive and give receipts for such pension and for all money relating thereto to which I may hereafter be entitled in my name and to do all things necessary for the recovery of the said pension.
I was born in or near Norfolk in the State of Virginia and removed with my parents to North Carolina and lived at a place called Pasquotank and joined the American Service under General Washington in the winter of the year one thousand seven hundred and seventy seven in the Second North Carolina Regiment commanded by General Nash Lieutenant Colonel John Patton and Captain Thomas Arms. My first engagement was at a place called Brandywine on the Schuylkill River: the next was at Germantown where General Nash was killed; we soon after came to Monmouth and had another engagement which lasted from eight in the morning till late in the evening and we lay on the ground all night, the English this time retreating to a hill, after this engagement, we retur-
=med.

returned to a place called Stoneypoint; we were next ordered to march on to Charleston and were in garrison there for some time under General Lincoln; I was taken prisoner by the English when the Town surrendered and was detained by them; I was brought to Halifax Nova Scotia on board a British Frigate and never since was able to return to my Native Land and have resided for the last fifty two years and upwards as a farmer and fisherman at Hawksbury aforesaid. In Witness whereof I have set my hand and Seal to these presents at Hawksbury aforesaid this fourteenth day of March in the year of our Lord one thousand eight hundred and forty five.
Signed Sealed and delivered in presence of.
his John X Upton mark
Charles F Harrington
Immense of Massachusetts County of Plymouth Archibald To wit
I Charles Fortnam Harrington Notary Public duly admitted and sworn and dwelling at Archibald aforesaid do hereby certify that I was present at Hawksbury in the said County this day at the dwelling House of John Upton whose name is subscribed to the foregoing declaration and that he duly signed, executed and delivered the same to John McLeod therein named, who was also then present and that thereupon at the request of the said John Upton signed my name as above written in my proper hand writing as subscribing witness thereto. This done at Archibald aforesaid this fourteenth day of March in the Year of our Lord one thousand eight hundred and forty five.
In Testimonium Veritatis. Charles F. Harrington

Province of Nova Scotia County of Richmond Cape Breton Anchorage ss.
I Charles Fortnum Harrington Notary Public duly admitted and sworn and now dwelling at Anchorage aforesaid. So hereby Certify, That I was personally present at the dwelling house of John Upton whose name is signed to the foregoing Declaration at his residence in Hawksbury in the said County, this day being the fourteenth day of March of the present Year one Thousand eight hundred and forty five, and that the said John Upton then and there clearly and distinctly stated the facts set forth in the said Declaration, and directed the power of Attorney thereto first written, for the purposes therein mentioned, and that the same were thereupon fully read over and explained to the said John Upton before executing the same. And I do further Certify that the mark of the Cross to the name of the said John Upton thereto written, was made with the proper hand of the said John Upton as his signature thereto after the same had been read and explained to him as aforesaid; at his request and in Execution thereof, in my presence; And I do further Certify that the said John Upton did thereupon then and there make Oath before me on the Holy Evangelists of Almighty God that the facts stated in the said Declaration were to the best of his recollection and belief of him the said John Upton. True: — Attest whereof being required of me the said Notary I have granted these presents under my Notarial Seal to serve as occasion may require.
In Testimonium Veritatis.
Charles F. Harrington
Not. Pub.
Not. Pub.

County of Richmond Annapolis ss Province of Nova Scotia.
We, Andrew Madden, Esquire, Prothonotary of Her Majesty's Supreme Court, at Annapolis, in the said County, — Hector McDonald and William Frichton, Esquires, both of Annapolis aforesaid. Two of Her Majesty's Justices of the Peace in and for the said County Do Hereby Severally Certify unto all whom these presents may come, that we are well acquainted with John Upton of Hawksbury in the said County, named in the foregoing Declaration; and know him to be a person of good Character: from general information and our own judgment, we are convinced that he is a native of some part of the United States of North America, — he is very aged, resides on a farm at Hawksbury, has an aged wife, and several children. Given under our Hands at Annapolis this fifteenth day of March 1845.
Andrew Madden Prothonotary Hector McDonald J.P. Wm Frichton J.P.
Province of Nova Scotia Annapolis ss
I Charles Fortnam Harrington Notary Public duly admitted and now dwelling at Annapolis aforesaid Do hereby Certify that I have for a long time past been personally acquainted with Andrew Madden Hector McDonald and William Frichton whose names are to the above written Certificate signed, and they respectively hold and enjoy the offices and titles set forth in the said Certificate; and that they all reside at Annapolis aforesaid. And I further certify that the signatures, "Andrew Madden Prothonotary" "Hector McDonald J.P." and "Wm Frichton J.P." subscribed to the said Certificate are of the respective proper handwritings of them the said Andrew Madden Hector McDonald and William Frichton.
In Testimonium Whereof Ch F Harrington Not: Pub:

Province of Nova Scotia County of Richmond ss
Mary Lipton of Hawkbury in the County of Richmond and Province of Nova Scotia. Wife of John Lipton who is applying for a pension. Under Act of Congress of 7th June 1832. having been duly sworn on the Holy Evangelists deposes as follows. That in the Year of our Lord one Thousand seven hundred and eighty eight deponent was then residing with her mother at the Gut of Canse in Nova Scotia, and then and there first met and became acquainted with the said John Lipton, and a short time after was married to him, and has ever since loved with him as her Wife. That, at that time the said John was a poor labouring man procuring his livelihood by fishing with boat line, and hook. There being no other means of taking fish at that time, either by Net or otherwise - owing to the poverty of the country. That the whole Eastern Section of Nova Scotia was then a Wilderness with but a few scattered Inhabitants. That there was not, then, nor until several years had elapsed, within the knowledge of deponent, any accessible communication or means of intercourse, between these parts of Nova Scotia, and the United States of America. That, for several years, from the time of deponent's marriage as aforesaid, all that Section of Nova Scotia was destitute of provisions, and suffered much in consequence. The Inhabitants being obliged every year to resort, during the Winter Season, to digging clams, through the ice, on the Shores. - That flour was there, generally at the price of Seven pounds per Barrel, turnips

turnips at five shillings per Bushel, and other articles of food in proportion and that from the poor circumstances of the Inhabitants generally, deponent can safely affirm on oath. That one in one Hundred of them could not procure sufficient means to remove from the Country.
That shortly after deponent's marriage a family began to embarrass the said John, and to require all his exertions to support them which has added to the insuperable obstacles that detain him in this Country against his will.
That the said John was always resolved to return to the United States of America, if possible and had used every exertion, from the time of the marriage to remove himself and family thither, and about six years after, had made such preparation as would have been successful, having got a chance of a passage, and secured the same, but being at the same time indebted in a small sum to a merchant in Guytonough. The said John was prevented by process of Law from departing. Nor has he ever since had it in his power to remove from this Country.
That the said John has never at any time bought for, nor received any gift of Land or other farm whatever from the British Government. That the said John was always known and distinguished, as an adherent to the Government of the United States, and obtained much illwill and prejudice thereby, he being generally called "The Rebel" by the British, for his attachment to the United States, and also subject to guards and insults
for

for the same. That deponent always knew M rs Sarah John from her first acquaintance with him to be warmly attached to the United States, and at all times, when occasion offered, violently asserted the honour of the Union. nor has deponent ever heard any other sentiment from him, and verily believes that he had no other, on the subject: and deponent is assured that he never did any act since her first acquaintance with him , contrary to his duty and allegiance as a subject of the union.
And deponent further
saieth that since the last six months M rs Sarah John has become much more infirm, and has so lost her hearing that it is nearly impossible to make her hear. That her reason is very much impaired, and her faculties in general very feeble, and now is wholly confined to her bed. That deponent believes that rapid progress on his decline owing mainly to the provocations of poverty, and the effect of the cutaneous disorder he is afflicted with, and cannot possibly live long.
Lastly deponent saith that
she prays the Justice and benevolence of the United States Government will not delay its decision, in awarding her pension, that she may have some means therefrom to relieve him for the short time he shall remain on earth, from some of the accumulated sufferings that he has endured so long from poverty and ill-nss.
Sworn to before me at Medford this Twentieth day of March 1847
Mary her X mark Upton
(Nahes F. Harrington. Judge Probate)

Probate Court Minutes 1847
Province of Massachusetts County of Richmond Incident ss.
}
I Charles Fortnam Harrington of Ancient in the County of Richmond Esquire Judge of Probate, and for granting Letters of Administration to in and for the said County. So hereby certify and make known to all to whom these presents shall come, That Mary Upton whose name is subscribed to the annexed Deposition, is the wife of John Upton whose Declaration I have formerly taken under Oath, at Hawksbury, for the purpose of receiving his pension as one of the Soldiers of the United States Army, at and in the Revolution: And I further certify that her said annexed Deposition was taken from her own mouth and that she fully understood the same: before Signing, and attestation, and that I read over

over and explained every part of the same To her. before swearing her thereto:
Given under my hand and the Seal of the said Court at Annapolis, this thirty first day of March 1847
Charles F. Harrington Judge Pro Tem

Province of Nova Scotia Anichat to wit
I Wentworth Flieger of Anichat in the Province aforesaid, Clerk and Registrar of the Court of Probate for the County of Richmond, do hereby certify that Charles F. Harrington whose name is subscribed to the foregoing Certificate, is Judge of the Court of Probate which is a Court of Record, in and for the County of Richmond; and that the signature thereto "Charles F. Harrington" is the proper hand writing of him the said Judge. And I further certify the seal affixed to the said Certificate is the seal of the said Court of Probate for the County aforesaid. And that my appointment as Registrar of the said Court, by His Excellency Sir John Harvey, Lieutenant Governor of the said Province, took place and was made and published, according to Law, on the twenty sixth day of January in the year of our Lord One Thousand Eight Hundred and forty seven.
Ita testor.
Anichat 7 th April 1847.
Wentworth Flieger Registrar of the Court of Probate. Co. of Richmond.

W
Mr Pierre M. Irving N o 32 Wall Street New York

Raleigh 12 th June 1846.
W m Pierre Irving
Sir
Your favor of the 8 th instant was received yesterday and I have used my utmost endeavours to find out what had been done with the Warrant issued for the services of John Upton, but have not succeeded. His Warrant was issued on the 30 th Sept r 1785 for 640 Acres of land drawn from the Office by a Capt Joshua Davis. The Warrant is N o 2439. From the name, number and date, it can be ascertained whether or not a Grant has ever been issued on it in Tennessee. As before said no grant has issued on it by this State. Tennessee was authorized (I think) in 1806 to issue grants, and has exercised that power ever since. By writing to the Secretary of the State of Tennessee you can, I have no doubt, obtain the desired information. There was, a few years past, and may be yet, a gentleman residing in your city (Jesse Blackfan Esq r ) who once resided in Nashville Tennessee, and who was well acquainted with the land business of that State. If you could see him, he could probably name some friend in Nashville who would attend to the matter for you. I cannot direct you where to find Mr Blackfan but you perhaps have a directory which will enable you to find him.
The $1. sent will pay me for my services.
Yours respectfully
W. Hill

Letter from a Salt Ray
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Washington July 25. 1857
J. C. Heath Esq Comm d of Pension S r
You will receive enclosed a letter from P. M. Irving Esq. of New York, requesting my attention to a claim pending before your Department, sending me further evidence, in support of the claim, & which is submitted
I have read with attention, copies of all the evidence filed in support of the case of John Mpton now in question. Together with your letter's in the case of Nov 3. 46. and Nov 1. 47 and I understand the service and the identity of the applicant is admitted. But the Department contends, it is not satisfactory after he was taken a prisoner of war at Charleston in May 1860. how  and  he was taken to Nova Scotia a British Province, and confined there as a prisoner,
I must confess that I am of the opinion the Department had no right to reject this claim, upon the presumed grounds. that he renewed his allegiance to the Crown. When all the testimony, goes to show the contrary to be the fact, & of his efforts to return to the United States

But as Mr Irving has furnished me with an extract made by him from "Johnson's Life of Green" Vol 1. p. 277. 278. I present it.
It shows, that the articles of stipulation after the capture of Charleston, were violated, that the American prisoners were crowded on board the prison ships, among the dead and dying, and at this crisis, were urged to enlist in the Royal Army, and articles were to carry out the object. (These facts if I mistake not, are given in applicant's statement under oath) (and I find I am correct.) Myton also declares in his declaration to the facts stated in Johnson's Life of Green, as more fully set forth in the extract, please compare.
This evidence explaining away the only difficulty in the mind of the two Comrs, allowing the pension in 1846. . 47 The statement of the applicant, being fully corroborated by historical facts: and the proof offered of his efforts to return to the U. States, and the obstacles in so doing, all in connection, must now satisfy the Department, in the allowance of the claim made art 37. Under the present legislation, and evidence in support of it, indeed as I said before, the historical facts submitted, leaves the only question as if from Freeman on our side. Alex. N. Gray

Washington
May 17. 1853.
Hon. L. P. Waldo Com d of Pensions Sir
On the 22 nd Nov. last, I made an appeal to the Secretary of the Interior, from the decision of Commissioners Keath, in the case of John Koptas of Nova Scotia, an applicant under act June 7. 1832.
The claim turned as I understood on the question of Identity , and it was upon that point, the appeal was taken. I relied on the applicant's original declaration, declaring such and such  men  served as soldiers with him in the army, and at some subsequent time perhaps a year or more, his Statement was confirmed by a cert from the Comptroller or Auditor Genl. of Ten s . where the service was performed, this, with other statements of fact, I relied to show the applicant had fully identified  himself .
But the object of this communication is more particularly to say. After he having had the claim under my charge for some time. I was informed a representation has been conveyed by a Mr. C. L. Bennet of this City to the parties interested, that he could obtain a speedy allowance of the claim, and really obtained from the Indian a power of attorney, which I suppose has been filed, setting my agency &

in the claim aside.
I wrote to the gentlemen who gave information, and the steps taken by Mr. Bennet to obtain the claim, and gave him a full statement of the case, the various decisions , my appeal , and finally my hope of success . He sent me a new power of attorney from the midon, which I herewith enclose.
It is not my purpose to remark on the course taken by Mr. Bennet to supplant me. Further than to add, the parties most interested have shown their continued confidence in me, by her later act.
I have the honor to
Remain Your Ob.
serv. Servant

3 the application of In the matter of John Upton for a pension under Act 15 th May, 1828.

Province Norfolkshire
I Simon Dunstan of Arichat in the County of Richmond and Province aforesaid United States of America (consular Agent duly appointed do by these presents certify to all whom it doth or may concern that I am well acquainted with Charles F. Harrington of Arichat Esq whose name is subscribed to the two annexed foregoing Notarial certificates and that the said Charles has for many years past held and does yet hold and enjoy the office of a Notary public at Arichat and title as set forth in his said Certificate.
And I further certify that the signature Charles F. Harrington Notary public to the said two Certificates subscribed is of the proper handwriting of the said Charles and that the seal affixed to the said Certificates is his proper Seal of Office as such Notary public and I do further certify that such certificates are worthy of belief and that full faith and credit should be in

placed in his acts.
And I do further certify that I am as acquainted with Andrew Maddox, William Mowatt, and Charles Fickott, whose names are subscribed to their foregoing Certificate and the Signatures "A Maddox D y " pro Supreme Court and "W m Mowatt I place" and "Charles Fickott I" subscribed to their said Certificates are of their respective proper handwriting and that they and each of them have for several years held and enjoyed and still holds and enjoys the offices and titles set forth in their said Certificates and I further certify that the signature Anthony Oliver I to his annexed Certificate subscribed is of the proper handwriting of Anthony Oliver and that he holds and enjoys the office and title set forth in his said Certificate. And further certify that no Clergyman of any denomination resides within twenty Miles of the place of residence of the said John Upton and that from general reputation the said John Upton is a person of good Moral

character and worthy of belief
Given under my hand and seal of office at Ankhat this 26 th day of August 1846
Thom. Danoran United States of America Consular Agent

To Province Norfesterick
I Miand Moran of Arishot in the County of Richmond and province aforesaid, United States of America (Consul or Agent duly appointed, do by these presents certify to all whom it doth or may concern that the signature "Charles F Harrington Judge of Prob" to the jurat of the foregoing declaration of John Winton subscribed is of the proper handwriting of Charles F Harrington of Arishot Esq and the said Charles F Harrington was at the time of the subscribing of said declaration and yet is Judge of probate for the County of Richmond and that the Seal and Signature "Charles Fortnum Harrington" thereto affixed are the proper Seal and Signature of the said Count and that the signature "Thos H Fuller Reg of probate" is of the proper handwriting of Thomas H Fuller of Arishot Gentleman who is the Clerk and Registrar of the said Court
Given under my hand and seal at Arishot this 21 st day of August 1846
Miand Moran United States of America Consul or Agent

Personally appeared before me James L. McLean one the Justices of the Peace for the County of Inverness Cape Breton, John McLeod Esquire of the River Inhabitants in said County, who states on oath that he has resided at the River Inhabitants aforesaid for the last thirteen Years and upwards, and that during that time has been acquainted with a person named John Upton who has been applying to the Ameri- -can Government for a Pension, for services during the Revolution through Mr. Pierre M c Irving of New York and who during the greater part of that time was extremely poor and subject to many privations, owing chiefly to the age and infirmity of himself John Upton and his Wife. That during the past Year their distress and sufferings have increased very much, in consequence of the Potato Blight last season in this quarter, and that those who formerly

-relieved their wants are this year from the same cause subject to much distress, and finally, that the family of the said John Upton consisting of himself his wife and a crippled son are objects of charity, and at present are dependent on the bounty of others for support - as there is no legal provision made for paupers in this part of the country
Sworn to before me at Plaistow Cape Breton this 24 th day of April 1847 James E. McKee S.P.
On Mr Seal

No 4 Certificate of the Secretary of State of North Carolina

State of North Carolina
Office of Secretary of State
I William Hill Secretary of State in and for the State of North Carolina, do hereby certify, that I have been informed, and believe, that the certificates of the Field Officers on which Warrants issued to the officers and soldiers of the continental line of this State for their services in the revolutionary war, were sent to Philadelphia to aid the Commissioners in settling the Army accounts in the year 1791. That no certificate of the kind is to be found in this Office of a prior date to 1791. It appears it was customary for Field Officers to certify for many of their soldiers, draw their warrants for them without any authority from the soldiers. It appears Cap t Davis drew many such warrants, as did many other Captains.
Given under my hand this 5 th June 1852.
W. Hill Secretary of State

Letter from A. M. Ray

Washington June 10. 1852
J. G. Heath Esq. Comm ee of Pensions Sir
On the 3 rd inst. I made a communication to you, accompanied by a cert t from the Sec y of State of South Carolina, and a letter from P. M. Irving Esq. of New York in the case of John Winton or Nova Scotia.
I now present an additional certificate from Secretary Folsom, to the effect, that the certificates filed in case of application, by Field Officer for the issue of Land Warrants, have forwarded to the Commission in settling awards etc. in Philadelphia in 1791. And the Sec y further certifies "It is my customary for Field Officers to certify for money of their Soldiers, draw their Warrants for them without any authority from the Soldiers."
With this statement of facts, the Department, certainly must be satisfied, that the Land of Mr. Winton, must have been drawn, as he declared under oath, without his knowledge or consent. While I do not raise an objection, in the Department requiring every reasonable degree of proof, to satisfy any particular, a general question that may arise in the examination of a claim:
Still I do maintain, that when a requirement now has

have been made. and documents proof. of the most- conclusive character has been furnished as in the case; it is not consistent, in justice to require further or additional proof. on presumed points, not material in the allowance of the claim.
I am of the honest opinion that case, is supported by proof, that will fully justify the allowance of the claim. That the applicant has been kept out of his rights, by circumstances beyond his control, and as his suffering has been great. And as the proof is now clearly established. I do trust a pension Cert. may soon issue. on the showing of the evidence presented in my letter of the 3 rd inst. of this date.
I remain Sir
Most respectfully Alex. Ray

Letter from A. A. Ray

Washington
June 3 1852.
J. E. Heath Esq Com r of Pensions Sir,
Your letter of the 24 th of April last in the case of John Upton of Nova Scotia, act 32. was duly received. It appears new grounds of objection, not before mooted is now taken against the allowance of the claim, to wit, when the Land Warrant was issued for 640 acres in 1785. applicant must have had said communication with this country, and hence his statement in his declaration cannot be true, or to that effect.
Since the rec d of your letter, I addressed a communication to Mr. Folsom Esq. Secy of the State of N. C. stating your views that some evidence must be on file in his Department, showing the whereabouts of John Upton when he made his application, and upon which his Land Warrant issued in 1785. which was, it appears, by his application issued to Capt. Davis on the 20 th Sept 85. and asked to be informed the particular character of the application by Upton.
In reply to this enquiry the Secy's. certificate was forwarded to me, which is herewith presented. It shows clearly, at the time the Land Warrant was drawn by Capt Davis, nothing more than the certificate of a Field Office was required by the State to authorize the Secretary to issue the Warrants, for Revolutionary services.
And there is on file a certificate from the Land Office, showing that no entry nor patent ever issued, on Warrant No. 2439. issued in the name of John Upton. therefore, never located.
In the first examination of this case by Col. Brumley. none rec d .

No such question was started, I have no doubt in my own mind from the experience of Soc Groups in the examination of the A. C. claim. To them it was fruitless to test the merits of a claim, or proof, required by N. Canada. For the issue of a Land Warrant, as such issues, as in the present case, is not conclusive as to identity.
The point made by the first examiner (Soc Group) may, for it may, that John Nutton should have been separated from the rear body of the prisoners and taken to Nova Scotia. The evidence on this point, Extract made from "Johnson's Life of Green." shows that the prisoner was conveyed to the Province of N. Scotia, where the affidavit on file, are clear and must be satisfactory as to his perfect inability to leave his then residence for the U-States.
In addition the certificate of Soc. File, herewith submitted. I enclose also a letter from P. M. Irving Esq. of New York, and beg its consideration in connection with this communication.
Yours more respectfully Alex. Ray

Per S. C. or
Estacada Oregon
June 9 th '22
U.S. Pension Office, Washington D.C.
Dear Sir
Can you give me some additional information to what I now have, regarding "one John Upton who served in the Rev. war of '76, as a private, and corporal in Capt. Thomas Armstrong's Co, and in Allen's Co, 2 nd North Carolina Reg, Commanded by Col. John Patten, Later on he received $100. 00 bounty."
I have thought it probable that he later on received a pension, and that you may be able to give me the address or addresses where the pension was sent to.
Thanking you in advance
Yours very truly J. A. Upton

Province of Nova Scotia County of Richmond Hawkstbury
I Anthony Albin of Hawkstbury in the County of Richmond and Province of Nova Scotia - Esquire one of Her Majesty's Justices of the Peace in and for the said County. Do hereby Certify, unto all to whom these presents may come, that I have resided for the last twenty years years and upwards at Hawkstbury aforesaid, and have during all this time well known John Upton named in the foregoing declaration, and who was at the time of my arrival at Hawkstbury, and ever since residing here. That the said John Upton has always been considered and generally known as one of the soldiers of the American Revolution, and to have served in the armies of the United States of America, as such and to have been made prisoner by the British forces in America, and brought by them a prisoner to Halifax, and I am convinced from general information, and my own judgment that the said John Upton is a native of one of the Southern States of North America or some part of the said United States - That I have always

always known him to be a person of good character and known integrity, and whose statements are worthy of credit. That he is now aged and infirm to his house from some disease on the Shin, and wholly unable to leave his house. That he lives in poverty and destitution with an aged Wife; occasionally receiving assistance from the Charity of the neighbours That he has had a family of Children who live separate. and can render him little or no relief, being poor fishermen,
Given under my hand at Hawksbury this Eighteenth day of July 1826
Anthony Oliver J. P.

Province of Nova Scotia County of Richmond ss
Charles Fortman Ferrington Notary
Public, duly admitted and sworn and dwelling at Michel aforesaid: Do hereby Certify, unto all whom these presents shall come that I am well acquainted with William Child, Susannah Grant, and Anthony Oliver, whose names are to the three next foregoing papers and writings respectively subscribed, and that they reside at the respective places of Ship Harbour, and Hawksbury, as by them therein severally stated: and that they are respectable and respectable persons whose declarations and statements as therein made are worthy of full credit: and I further Certify that the signatures: "Anthony Oliver", "William Child", "Susannah Grant", are of the respective proper hand- writings of them the said Anthony Oliver, William Child, and Susannah Grant: and that the said Susannah Grant duly attested upon the Holy Evangelists before me, and at the same subscribed her name, to her said Deposition: and lastly that Anthony Oliver is a Justice of the Peace for the said County of Richmond
In Testimonium Veritatis
Charles F. Ferrington Not: Pub:-

37.416
John Upton
Nova Scotia New York
ad to P. M. Irving, Esq. June 18 1847.
A Ray Nov 20/51. 21 sum April 24/52.
Book Nov. 1851
missing - En
act y d June 32*

Penns Office, Apr 24, 1852.
Sir,
In reply to your letter of the 16 th of January last, you are informed that in considering the claim of John Upstone of New Scotia for the benefits of the act of June 7, 1832, I do not feel myself precluded from examining all the evidence testimony in the case, and forming my own opinion upon the testimony presented, to sustain the position advanced by those who have advocated the claim, (viz: that he was kept a prisoner until after the expiration of the term of his enlistment, or rather after the expiration of the term that he was a deserter of all his efforts he was unable to effect an exchange, and to return to his own country.) Then I do not by any opinion expressed by my predecessor, that I do not think they justify the inferences you have deduced from them. I have, however, again carefully read all the papers

In the case, and the enclosure set forth is my letter addressed to you on the 26 th of November last, are not only confirmed, but additional reasons disclosed why the tes- timony required should be of the most direct and satisfactory character. — The possession of which is based on the fact, that, on the 30 th of September 1785, a land warrant in favor of for 640 acres Afton was issued by the State of North Carolina. That warrant could not have been issued without personal application by Afton as Attorney, appointed by Afton — and there is evidence, that he must have had some communication either direct or indirect with the county; and, if there be a letter or agent, or attorney, there is no good reason why, he could not, if detained against his will, and opposing the pro- cesses alleged, thro' the same channel have made his condition known to the American government and involved it and, Afton appears to be an intelligent man, and could not, at the period alleged, have been ignorant of his rights as an Amer-

3 234 an citizen—and his parent, which is urged as a reason why he did not return to his coun- try, offers one of the strongest reasons why he should have appealed to it for protection. The same cause should have induced him to have applied for his release from his father's estate, which he says he failed to have obtained in consequence of the mischance first upon him—but we have no reliable evidence that he ever made an attempt to do other than what he may now open to him, as shown by his application for land.
In brief, it is the opinion of this office that after compromising his position as an American soldier and citizen, thro' the se- dition influences of the enemy—and, con- sidering the fact, he abstained from claiming the protection of the American government—and must not have appealed to it for a pension now, if age had not deprived him sense of his defection.
There is an
Alexander Ray, Jr. Print.

Sir
I am off
May 4 th - June 1 1 st
The claim of John Upton of Nova Scotia applying (from the State of N.Y.) has been again examined with the benefit of the supplementary papers and of your argument thereupon -
There is a mystery (to say the least) as to the cause & attending circumstances of his transportation (after he was taken not prisoner in Charleston) to an established Depot of prisoners but to a province of the enemy to which it is historically known the distressed resorted for protection - If there was any Depot of Prisoners in Nova Scotia the archives of the province should shew it - and moreover it is not accounted for why he should be separated from the Great body of prisoners taken at the same

time - conveyed to a province of the enemy where there was no depot of prisoners, & being set at liberty returned to the enemy to the present day —
Several similar claims of captured soldiers belonging to other States have been presented & disallowed under the authority of the Dept. I beg leave to refer to my letter of 3 Nov. last to the Messrs. Smith & to add that it is altogether im- probable that his claim can be sustained —
J. M. [?]
J. M. Irving Esq. 32 Wall Street New York

Washington
Sept 22. / 52.
Hon. A. N. W. Stenart Secretary of the Interior Sir/
I most respectfully appeal from a decision of the Commissioner of Pensions, in the case of John Npton of Nova Scotia under act June 7. 1832.
The claim has been disallowed on the point of Identity : on that ground this appeal is made; And he most respectfully to submit for your consideration, the question of identity on the proof filed in support of the claim.
I have the honor to remain Your Most. Ev. Ser. Alex. Ray att. in fact

Sir,
Washington D.C. 22 October 1846
We have the honor to present the enclosed application of John Upton, formerly of N. Carolina, now of Nova Scotia, a soldier of the Revolution, for a pension. The papers furnish a statement of his services and the names of the Officers under whom he served, with the matter required to be set forth in a declaration, so that a reference to the rolls, &c, will shew the service.
We are very resp d
By Mr Galt J. L. & A. M c Smith
Ed d Edwards Esq. Comm r of Pensions.

Letter from Adm Ray

Washington D.C. Jan y 16. 1852
James E. Heath Esq Com r of Pensions Sir
Your letter of Nov 20 th last in the case of John Upton est June 7. 1837. declaration made in the (Province of Nova Scotia) was duly received.
In my letter to you in this case, of July 25 th last I referred to your letters of Nov 3 rd 46, and June 1. 47. I understood from them that service and identity of the appli- =cant had been admitted. But it was not satisfactory show how he was taken prisoner . and I filed certain "Exh ts from Johnson's life of Green to establish that fact."
But it seems in your report to me of Nov 20, last the decision made the former letter's has been set aside, and you require the same proof that was satisfactory to the Department. by Det Bruns late Chief Clerk. The proof you ask for. that it should be "satisfac- =tory shows that John Upton in spite of all reasonable efforts to the contrary was kept a prisoner until after the expiration of his enlistment."
I have just rec d . from Mr Irving of New York copies of all the papers filed by him in the case: and find that the very evidence you now require is on file with the papers and entirely satisfactory to the Dept at the time (Nov 3. 46. & June 1. 47)

Presuming th' the terms of business, the proof referred to may have been overlooked.
I have therefore most respectfully to request a review of the claim, and the correspondence referred to.
The evidence I filed, should have been satisfactory as to the only point, upon which Lord Bruns. was not clear upon.
I remain your most. Hon. Ser Alex. N. Gray

Letter from D. M. Irving to M c Ray

New York May 29. 1852
Alexander Ray Esq
Dear Sir
I return you the document from the Secretary of State of South Carolina, shewing that "nothing more than the certificate of a field officer was required" to authorize the issue and delivery of land warrants to any person applying for the same." If the proper weight be given to this paper, I think it must be allowed to prove that the warrant for the services of John Upton could be taken out by Capt. Joshua Davis without his authority, or intervention in any shape or form. Davis was probably a speculator in land warrants, and took out this with a view to an ultimate purchase, trusting to the chance of finding Upton afterwards; a presumption strongly favoured by the fact that the grant never was located. If there had been any connection between them, Davis would have procured an assignment of the warrant, and the grant would have been located either in South Carolina or Tennessee. It was not located in South Carolina, as appears by the enclosed letter, nor was it located in Tennessee, as I ascertained by writing to the Secretary of that State. His reply is lost, or mislaid, or else is among the papers I gave to you - It was, however, perfectly explicit. I have the firmest belief that the poor soldier was ignorant of his right to these 640 acres until the discovery was made by me, and communicated to Mr. Moseley, the merchant in his

neighbourhood, to whom he had committed the prosecution of his claim for a pension, when he first learnt he was entitled to that bounty in 1814. Mr McLean, in his reply to my letter, informed me that he had communicated with Upton on the subject, and that he told him he had some recollection of a Capt. Joshua Lewis, but had never authorized him to act for him in this matter, and indeed had no previous knowledge of his being entitled to land. I really think, therefore, that this last objection can no longer be pressed.
When I first presented the application, I was required to account for his separation from the great body of his fellow prisoners and transportation to Nova Scotia. I wrote for a Supplementary affidavit, but in the interval Upton had been confined to his bed by an attack which had deprived him of his hearing, and rendered it impossible to communicate with him. It was not until long afterwards that I discovered a solution of this apparent mystery in the fact that the British had violated the articles of capitulation, and that it was made matter of complaint against them that they had carried off some of the prisoners in their frigates. The case was that which is of its first, and as I supposed only sticking point, and I had strongly hoped that an application, to my mind pre-eminently meritorious from the hardship of its circumstances, would no longer fail of a favourable response - but I was doomed again to disappointment. The new objection, however, is put to rest - so it seems to me -

by the certificate which you sent for my inspection, and I now return it in the hope of a prompt and favorable answer to this testimony protracted claim.
It would be hard, indeed, if this is still to be regarded as a case of defection, with the doubts that have before been interpreted now cleared up, and in the light of all the evidence to show that upon arrival at Peterboro after his liberation, was unavoidable; a necessity arising from object points at first, the further impediment of marriage and a family afterwards, and an arrest for debt when he had finally secured a passage for his native country. In my opinion such a supposition does him harsh injustice, and I know that it is equally opposed to the convictions of Mr. M c Leod who has had the advantage of long personal communication with him.
Yours truly Dion M. Irving

New York January 29. 1847
Sir
Your letter of the 27 th instant is received, from which I learn to my great surprise that the claim of John Upton, forwarded by letter from me on the 13 th October last, was on the 3 rd November acted on, and the reply addressed to Messrs J. L. & A. T. Smith . Who these gentlemen are, or how connected with an application committed exclusively to my charge I know not, and as your letter gives me no means of solving the mystery, I beg to ask the favor of an explanation. I must trust to your indulgence if I defer an early reply - nearly three months having been already lost by my not receiving the original letter of which you have now furnished a copy.
Very respectfully,
Your obedient Servant
Stearns M. Irving
32 Wall St
J. L. Edwards Esq. Commissioner of Pensions

Spokane 11 August 1896
Dear Sir
Yours dated 16. Sunday last. Recd. I can find nothing in relation to the Warrant No 2433. It is most probable that the Warrant was left in residence by Richard Haring as there appears to be no trace of it to be found in the books of this State.
The time for laying Warrants in this state has passed, and the Clerk is now nothing.
Very Respectfully
J. S. Young Sec of State

577. Department of the Interior Washington June 10th 1853
Sir For the reasons assigned in your report, upon the application of John Winton of the Province of Nova Scotia for a Pension, under the Act of June 7 1832, as well also for those set forth in the report of the former Commissioner, Mr. Heath, the appeal in this case is rejected.
The Papers accompanying your report are herewith returned.
I am Sir, very respectfully Your Obedient Servt B. Noble Secretary
The Hon. J. P. Waldo Commissioner of Pensions

New York July 21. 1851
Alexander Ray Esq Dear Sir
I hereby substitute you as the Attorney to prosecute the claim of John Upton, a revolutionary soldier residing in Nova Scotia, and applying for a pension from New York.
The case was entrusted to me several years since. The services of the applicant were fully proved by me, and his identity conceded, but a mystery was required to be cleared up in regard to some of the circumstances of his captivity, his separation from the great mass of his fellow-prisoners, and the further prosecution of the claim was arrested for this necessary explanation. With the extract from Johnson's Life of Greene with which I now furnish you, and which has only recently met my eye, I supply this desideratum, and so confident am I that it affords a satisfactory solution of the enigma which perplexed the late Commissioners, and too long defeated the success of a meritorious claim, that I would at once revive the application myself, if I did not feel that, as the agent for the payment of pensions, I could no longer appear with propriety in the prosecution of a claim which has been contested, and which might still involve argument and debate with my official superiors. I therefore commit the conduct of the case to you.
Yours &c
Frederick M. King
Did you ever no doubt find the Life of Greene by Johnson - at Washington -

56.
No 196
J E Heath
Committee of Pensions.
February 5 th 1853.
Report in the case of John Upton, under Act 7 th June, 1832.
Mr. Ray's letter returned
Papers from 1 to 6 enclosed.
Dec r 23. 1853.
Allen Ray
Rec d Dec. 11. 1853.

Pension Office,
February 5 th 1853.
Sir:
I have the honor to make the following Report in the case of John Upton, of Nova Scotia, an applicant for the benefit of the Act of June 7 th 1832, in which Alexander Ray, Esq., has appealed from the decision of this Office.
In July, 1846, John Upton, then being a resident of the county of Richmond, in the Province of Nova Scotia, made a declaration under the Act of June 7 th 1832, in which he stated that he enlisted as a private at Norfolk, Va a in 1777, in the 2 d regiment of the Continental Line of North Carolina! that he was in service upwards of three years, &c; was taken prisoner at the surrender of Charleston, S. C., carried to Halifax, and thence to Birch Cove, and kept in the Province of Nova Scotia as a prisoner until after the proclamation of peace, when he was released, but since that event has been unable to return to his native country. The claim was supported by parole proof, showing very clearly that Upton was regarded in Nova Scotia as having been an American soldier, and also by a certificate from the Secretary of the State of North Carolina, showing that a John Upton was a private soldier of Captain Charles Allen's company of the 2 d Regiment of the North Carolina Line, and had a warrant for Bounty Land issued to him on the 30 th of September, 1785. There was, in addition, evidence from the said Secretary's Office, showing that certain soldiers whom Upton claimed to have been his comrades, were borne on the Rolls of the Continental Line. Without questioning the identity of the claimant, the conviction was irresistible,

when the claim was first examined, on the 3 d of November, 1846, that Upton, like many of his comrades, who were carried off by the British from Charleston, had yielded to the seductive influences of the enemy, and traitorously abandoned the cause of his country, as he himself confessed he was tempted to do; for we were at a loss to understand how he could have been detained in the Province against his will, and especially, as the enemy, if Upton had proved faithful to the cause of his country, was bound to return him to it, under the articles of the Treaty of Peace. Among other facts which strengthened this conviction, was one stated by Upton himself, viz: separation from his fellow prisoners, and his settlement in a different part of the Province from that in which they were detained. Nova Scotia, it is well known, was the common resort of those opposed to the cause of Independence, and there is but little doubt in my mind, that Upton remained there voluntarily, and was regarded as a British subject. Among other evils which, it is alleged, befel Upton, in consequence of his detention, was his failure to receive a portion of his father's estate. This fact also confirms the opinion of this Office, that he had compromised his character as an American citizen, and which, being known to his father, induced him to debar Upton from his share of the paternal estate, and also prevented him from claiming the land awarded by North Carolina. In brief, it is my opinion that Upton forfeited his allegiance; and, conscious of the fact, abstained from claiming the protection of the American Government, "and would not have appealed to it now for a pension, if age had not lessened the sense of his defection."

The papers numbered from 1 to 6, are herewith enclosed.
I have the honor to be,
Very respectfully,
Your Obt. Servt,
D. E. Clegg, Commissioner.
Hon. A. H. H. Stuart, Secretary of the Interior.
(Ex?)
✓

New York May 17. 1847
Sir
I received in due season your letter of January 27 th , enclosing copy of your letter of 3 rd November, 1846, to Messrs J. L. & A. T. Smith, communicating the result of the examination of the papers submitted by me in the case of John Upton, of Nova Scotia, filed with New York cases under Act 7 th June, 1832. I also received your letter of February 20 th , 1847, in reply to my inquiry relative to the agency of these gentlemen in a case under my exclusive charge, and I beg to state in answer that Mr. McLeod is not aware of the manner in which his power of Attorney from Upton (a duplicate of which is lodged with me) came into their possession, though I question not their ability to explain the mystery in a manner entirely satisfactory. But this is need not. The affidavit of Mr. McLeod, & the deposition of Mary Upton just received direct from him, & now transmitted, will sufficiently show who is the recognized attorney in the case, and to whom the result of any future examination should be communicated.
There are two things in your letter of November 3 rd which mark a perverse inclination in the case: the admission of the identity of the claimant with the John Upton whose service is barred, and the waiver (without which I would not have been encouraged to persevere) of the objection to the execution of the papers by the Judicial Officers of a foreign State. What you seem mainly to require is a fuller solution of the mystery of his com-

turned evidence in Nova Scotia, to remove the presumption that after his captivity, he renewed his allegiance as a subject of the crown. - Testimony on this point of a most affecting kind I present you in the affidavit of Mary Upton, which should be read in connection with that of Mrs Susannah Grant transmitted on a former occasion. It is manifest from these that his continued evidence was not voluntary, but the result of a hard destiny, and an inevitable necessity - Once, it seems, but for the cruel ministry of the law he would have effected his return to his native land. Poverty has many hindrances.
It seems singular to you that he had no communication with his relations since he was taken prisoner in May 1780; but his remote and inaccessable position & his want of education offer an obvious solution of this fact. Besides his only near relations - so far as appears - were Josiah Upton, his father, & Willis Upton, his brother. He states in his declaration that they were in the army with him at the Battle of Germantown, & he fears, perished there, as he had neither seen nor heard of them since. This apprehension is not very far from the truth, for though they survived that battle, the records of North Carolina will show, (as I am informed by the Secretary of State in reply to an inquiry on the subject) that Josiah Upton & Willis Upton enlisted as privates in Capt: Pyle's Company of 7 th Reg: N. C. Line for three years in February 1777, and that they are omitted from the roll - the 1 st in April 1778, & the latter July 1 st - 1778, when he died.
In regard to the land drawn for him in N. C. in 1788,

I beg to say that as Mr Lipton was but recently aware of his right to a pension, so he never knew of his having been entitled to twenty land until apprised of it through me in the course of last summer, and of course never, as he says, parted with his right to Captain Joshua Davis, who took out the warrant, or to any other person. I have been told that unclaimed warrants were taken out in more than one instance on false proof of death. It is a curious circumstance in regard to this that no grant has ever issued upon it , as will appear from the accompanying letters of the Secretaries of State of North Carolina & Tennessee.
It seems proper to state that I hurried here on the receipt of your letter of November 3 rd to take a supplementary declaration from Lipton to meet its suggestions: & that the dangerous illness of the claimant compelled him to delay the attempt at the time, & his subsequent partial recovery has left him so deaf & with mind & memory so impaired that he has been compelled to forego it altogether. As his only alternative then he procured the deposition of his wife, which I now submit.
In conclusion I take leave to say that the case now offered for final decision is one which addresses itself with peculiar force to my sense of humanity and justice. It presents a plain, straightforward, consistent and touching story - I ask no indulgent consideration of the claim - I plead for no laxity in its admission - All I demand is that it be tried by its prima facie evidence, and that

the suspicion of the possile should not overbear the testimony of the actual. The evidence shows that he fulfilled the term of his first enlistment of three years, & was prevented by his captivity from fulfilling the second - His own & the testimony of the neighborhood show that he arrived a prisoner of war at Nova Scotia, and that nothing but the hard impediments of an at first poverty prevented his return to his native land. To deny his claim to a pension on suspicion that he may have renounced his allegiance after his captivity, in the face of proof to the contrary, to my judgment would. I am constrained to say - be a proceeding in which the fear of imposition was allowed a most unreasonable and ungenerous preponderance. I cannot believe that a case so meritorious and presenting so many affecting features is to be passed upon in this spirit.
I therefore ask for him a full pension as private General under Act 7 th June 1832: to which the certificate of the Secretary of State of North Carolina before submitted shows him to be entitled.
I am
Very respectfully
Your obedient Servant
Pierre M Irving
(32 Wall Street)
to Edward Esq Commissioner of Pensions Washington D.C.

New York October 12. 1846
Sir
I herewith transmit the application of John Upton, a resident of Nova Scotia, for a pension. The declaration is made under the act of 7 th June, 1832, but the subjoined statement will shew this was by misdirection from me. The accompanying record evidence and his own simple and affecting story clearly establish his claim under act 15 th May, 1828.
It is rarely, I am inclined to believe, that papers are presented which exhibit a more impressive appeal for a pension. The applicant entered the revolutionary army at the age of 16, and after serving upwards of three years, during which he was engaged, in the battles of Brandywine, Germantown & Monmouth, he was taken prisoner at the capitulation of Charleston, and in the following autumn carried in captivity to Nova Scotia where, through the hardship of circumstances, he has been detained ever since. In his destitute old age he has heard for the first time that his country had made provision for the soldiers of the revolution, and from a home to which he is confined by a distressing and tantalizing malady, with no attendant but an aged and infirm wife, he sends forth his tardy application for the relief to which he is entitled and which he so much needs.
It would be hard indeed, if, in this exigency, with his service incontestably established & after having paid the penalty of his early devotion to that service in a life of unwilling exile, he should now be turned off with the objection that his declaration must be sworn to within the limits of the U.

nited States; an objection in his case tantamount to a denial of his claim. That such a reproach to the justice of his country will be permitted I cannot for a moment believe.
I ask for him, therefore, with a confident anticipation of its prompt allowance, a certificate, as corporal , under the Act of 15 th May, 1828, and that his name be inscribed on the roll of the New York City agency.
Very respectfully
Your obedient servant Pierre M. Irving (32 Wall St)
J. L. Edwards Esq Comm'r of Pensions
I subjoin the following statement of the manner in which the above mentioned claim originated.
Near the close of last May Mr William Lippincott, a merchant of Nova Scotia, applied to me to obtain a pension for the claimant. He stated that Upton had heard within the previous year that he was entitled to a pension from the United States, and not knowing how to proceed to obtain it, had authorized Mr John McLeod, a gentleman in his neighborhood, to prosecute the claim for him. The latter wrote to Boston for instructions, but after repeated efforts failed in obtaining them. He then authorized Mr Lippincott, who was about to proceed to New York on business, to employ an agent here to prosecute the claim. Mr L. applied to me, exhibiting the power of Attorney from Upton to McLeod formally executed in March, 1845, and containing a brief, but clear statement of his service & captivity. I accordingly

drew up some hasty instructions, with which he returned to Nova Scotia on the 1 st of June. Soon after I was told for the first time of a usage of the pension office requiring the declaration of a non-resident applicant to be sworn to within the United States. upon which I wrote immediately to Mr Lippincott to arrest the proceedings in Nova Scotia, at the same time urging the necessity of Upton's coming to New York to make his declaration. I received in due time a reply, stating that there was an insuperable difficulty in the way; that Upton, so far from being able to leave the island, was actually confined to his house. In this alternative I recommended that the declaration should be drawn up by and sworn to before a judge of a court of record in the county of Upton's residence, and that the fact of his inability to leave his home should be set forth and properly substantiated; nothing omitting that under such circumstances he might claim exemption from the usual requirement of the pension office in the case of non-residents.
I further state that the declaration was prepared under Act 7 th June, 1832, by misdirection from me, I not knowing until the receipt of the claimant's declaration and of the certificate of service from the Secretary of State of North Carolina that he was entitled under Act 15 th May, 1828, under which I now claim for him.
I send two certificates from the Secretary; one showing service of Upton & another, showing that Francis Thorogood & Sergeant Samuel Glover, mentioned in his declaration among his fellow soldiers, did belong to the same company.
Frederick M. King

"Nothing, however, could sanction a duration from an honorable compliance with the articles of capitulation. Yet it is certain they were most shamefully violated in the treatment of the prisoners.
For the continental troops and Sailors the third article stipulates "that they shall be conducted to a place to be agreed upon, where they shall remain prisoners of war until exchanged. While prisoners, they shall be supplied with good and wholesome provisions, in such quantity as is served out to the troops of his Britannic Majesty."
Yet it is most certain that they were in a few days crowded on board prison ships, in opposition to arrangements, and in violation of previous arrangement. There, unaccustomed to confinement, foul air and bad provisions swept them away with unexampled rapidity. Few, very few survived to be exchanged. Nor was this treatment without an oblique motive. Whilst surrounded with the sick, the dead and the dying, they were urged to enlist in the royal service, and the constancy of many was not proof against the humus that surrounded them. But still, "I cannot bear arms against my country," was the general cry. This difficulty was obviated by a proposition that they should be garrisoned at Annapolis. The temptation took. The British garrison was withdrawn from that place, the American recruits substituted, and they have never been heard of more. Nor did the evil rest here; the American physician and attendants were removed from the hospital, that the British agents might be at liberty to operate with the greater effect upon the minds of men just snatched from the jaws of death, and presented with the alternative of returning to the abhorred prison-ship, or enlisting in the British service. Finally we have the authority of the venerable hero of the 28 th June

for a parting, that when arts had failed, compulsion was resorted to, and several hundred men were forced away, many of them from their families, shipped off to Jamaica, and there made to serve in Sir C. Montagu's Regiment. The following pathetic letter of Moultrie on the subject, was not even honored with an answer: "What I am now to remonstrate against is a violent and inhuman breach of the capitulation; which is, in pressing the American Soldiers from on board the prison-ships, taking them away by violence, and sending them on board the transports to be carried away from the continent of America, many of them leaving wives and young children, who may possibly perish for the common necessaries of life. If I cannot prevail upon you to countermand this violation altogether, let me plead for those unhappy ones who have families, to be exempted from this cruelty."
By the departure of General Lincoln of the northern states under parole, Moultrie was the senior American officer then in captivity at Charleston. It was not with indifference that he witnessed the reiterated violations of faith exhibited in that place by the conquerors; but his remonstrances were in vain, and finally drew forth from the tyrannical Balfour this haughty reply: "I shall do what I think best for his majesty's service towards the prisoners."
The above is a true extract made by me from Johnson's life of Greene. Vol. 1. p 277, 278.
Alvin W. Irving