Revolutionary War Pension and Bounty Land Warrant Application File R. 10,115, for Moab Stevens, North Carolina

SERVICE
Stearns, Noah
NUMBER _____
R 10.115
Baru N.C.
CONTENTS

The state of South Carolina
On this the twenty sixth day of Sep- tember in the year of our Lord One thousand eight hundred and Thirty Two, personally appeared in open Court, M c ARTHURS before me, BAYLIS J W EARLE One of the Circuit judges of the said State and Presiding Judge in the Court of Common Pleas in and for the District of Chesterfield and State aforesaid, who being first duly sworn according to law, maketh oath to the following declaration in order to obtain the benefit of the act of Congress passed on the 17th June 1832. — That he was born in the month of September 1755 in Robeson County State of North Carolina — That about twenty years of age he removed to Bladen County in the last state mentioned where he resided until March 1796 when he removed to the District of Lancaster where he resided twenty six years when he removed to Chesterfield District where he now resides and has resided since his removal from Lancaster District. — That in the month of February 1776 the Militia of Bladen County (among others of the Militia from ordered to rendezvous at Rock fish in Cumberland County N.C. a year) the Tories who were then assembled at Prof's Creek (now Fayetteville) that he marching pursuant of orders, under the command of Captain John Smith — the Maj r was James Blackadder, his Col was Thomas Robeson and the whole detachment was commanded by Genl Moore. — That his Brigade advanced in the direction of Fayetteville — the Tories crossed the Cape Fear River and were attacked and defeated by Genl Crosswell's Brigade — That he was in service at that time (to the best of his recollection six weeks. That from the above period until the year 1781 he was frequently out in small detachments and for short periods against the Tories sometimes for a week only and at other times longer — That in the month of November 1781 he was compelled to leave his home, by the Tories, he went to the Cape Fear river (22 Miles below Fayetteville) that from that time to the first of September 1782 he was at least one third of that time in actual service sometimes under the command of Capt: W m McDaniel and during the whole time that the Regiment was commanded by Col. Nelson — He was in one skirmish and defeat of the Tories at South river — this was about July 1782. The next engagement with the Tories was in Elizabetto Town August 1782 in which the Tories were defeated — he recollects the

the names of only two of the captains who commanded the Doria at the two fights viz. Mobly & Scarborough. — At the Brown Swamp in September he was in an engagement with the British & Tories combined — that the Army was commanded in that engagement by Genl. Walter — Col. Robson was the Commander of his Regiment in the three last engagements; And the Lieutenant is under the impression the enemy was commanded by Majr. Doyle — In the last mentioned engagement the enemy attacked the Americans in the night time — The American Army were defeated retreated — The most obstinate part of the fight was sustained by Col. McBane of the Continental Army who was at that time in the Army & which took the Command of a detachment. That his dis- service during the Brown Swamp engagement was for about 5 weeks that after about the first of September 1782 he was in no other engagement but was in the service with a few days of service  spending at intervals until the month of March 1783 when he was finally discharged — That from the Battle of Brown Swamp to the time of his final discharge his Regiments head quarters was at Elizabeth Town in which he was prin- cipally employed in detachments to bring in the Tories to head quarters and affording protection to the inhabitants of that & the surrounding country.
That previous to the fall of Charleston he volunteered as a soldier under the Command of Major Pickens or and Lieut. Alexander Small commanded the Company — That at the time the Volunteers were ordered to March for Charleston he hired one Wm. McKim as a substitute for three months service — That his substitute was in Charleston and was then captured — Lieut. Small was captured at the said time and Majr. Richardson who was absent on furlough at that time recaptured. That the Lieutenant paid his substitute three months service for the service of three months — That the Lieutenant is unable to fix with certainty the whole period or term of time he served during the whole war having served so frequently without keeping any account of the time but the ho- nest does verily believe that including the 3 months service of his substitute he served more than two years — That the longest period he served at any one time was during the time they had a fight with the Tories at Elizabeth Town.

was about eight weeks during which time he was not permitted to visit his home.
The deponent further says that he does not know that any of his companions in arms are now alive - What about a year ago he was informed that Mr. Lord of Fayetteville etc. was alive but if he be dead he does not know that any of his fellow soldiers now survive.
He hereby relinquishes every claim whatever to a pension or annuity, except the present, and declares that his name is not on the pension roll of the agency of any state whatever.
Given to the undersigned, the day & year above stated.
B. J. Earle. Presiding Judge of the Court of Common Pleas & Sessions at Chesterfield Court House in the District of Middlesex.
And the said court do hereby declare their opinion, after the investigation of the matter, & after putting the testimony 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 the Rev. Mr. Brown who hath signed the preceding certificate is a Clergyman resident in Chesterfield District and that Michael Miller who hath signed the 2nd Annual Certificate is also resident in the same District State - That they are respectable persons and are worthy of full implicit confidence & credit.
John Craig, Clerk of the said court. B. J. Earle, Presiding Judge.
I John Craig Clerk of the Court of Sessions & Common Pleas and for the District of Chesterfield State aforesaid, do hereby certify that the foregoing contains the original proceedings of the said court in the matter of the application of Noah Stevens for a pension.
In testimony whereof I have hereunto set my hand & seal of my office this twenty fourth day of September Anno Domini 1862.
John Craig C.C.P.

South Carolina Chesterfield District
The Rev. Mr. Hudson affirms and before me made oath that he has for several years resided in the neighborhood of Moab Stephens - that he believes him to be of the age he has represented that he has been educated and has lived in the neighborhood in which he resides, to have been a Revolutionary soldier and that he has always believed it true. That Mr. Stephens character stands fair. Notwithstanding that he knows no cause why his integrity should be even suspected. He further states that he is well acquainted with Mr. Miller who has signed below and that his character stands fair, unimpeached & unimpeachable sworn to before me this
27. day of September 1862
William Henderson
B J Earle Presiding Judge in open court at Chesterfield court house in the Dist of State Agem.
Michael Miller of the District of Chesterfield State aforesaid states that he has been acquainted with Moab Stephens for upwards of thirty years and while he resided in the District of Lancaster & has for the last few years been a near neighbor - that it he was always reported & generally believed to have been a soldier of the Revolution and of which has never doubted. Mr. Stephens character has always been fair and has not known his veracity questioned
Michael Miller
sworn to in open court this 27. day of Sept 1862
B J Earle Presiding Judge in open court at Chesterfield C.H. in the State District Agem. mid.

The State of South Carolina Chesterfield District S
Before me Richard Gault one of the Circuit Judges of the said State and Presiding Judge at Chesterfield Court House, at Fall Term 1833, personally appeared Moses Stephens who being duly sworn in open Court, deponeth and saith, that by reason of old age and 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 below mentioned, as a private, volunteer soldier in the Militia of the State of North Carolina for more than two years, as is more particularly set forth in detail in the Annexed Declaration which has been heretofore made before this Court relative to the War-department viz commencing in February 1776 six weeks - That from the conclusion of that service to the year 1781 he was in the service at least one year and a half and his impression and belief is that he was about one third of that time in actual service and most generally for short tours of duty - The Militia of his County were divided into three classes and one class was always on duty in that and the adjoining counties - That from 1781 to Sep r 1782 he was at least one third of the time in actual service and from the last mentioned period to March 1783 he was constantly in service except absent on furlough for a few days at each time. That he hired a substitute for three months which is more particularly set forth in his former declaration - That Defendant is positive he served at least two years during the Revolutionary War and for which service he claims a pension. The Defendant further declares that he never according to his recollection took any written discharge.

from the service or if he did the same how long since been lost or destroyed. The Dependant fur- ther states that he does not know that any of persons who served with him are now alive or if alive, where they now live. That he has not been in his former place of residence for seventeen years and does not know who among his fellow soldiers now live and that he is therefore unable to procure the testimony of any witness as to his actual service.
Moab Stevens
Given before me this 1 st day of Oct r 1833
Richard Gault Presiding Judge
The State of South Carolina Chancery District
I John Craig Clerk of the Court of Common Pleas for the District in the State aforesaid, do hereby certify that the foregoing contains the original Amendment to the former declaration of Moab Stevens for the recovery of retaining a pension from the United States for revolutionary services And that the same was done in open court.
In testimony whereof I have hereunto set my hand & seal of my office at the High Point Court house, this first day of October Anno Domini 1833
John Craig (Clerk)

about Stevens -
about Stephens
12.722.

BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of Meat Stevens further proof or explanation.
I. Does the declaration show where the applicant resides? yes II. Did the declarant make the declaration in the county where he resides? yes III. If the applicant did not make the declaration in the county where he resides, is there any reason assigned for his not doing so? IV. Has the declarant mentioned the period or periods of the war when he served? yes V. * Has he mentioned 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? No VI. Has he given the names of the officers under whom he served, in conformity with the regulations? yes VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832? yes VIII. Has the Court given their opinion? yes IX. Has the Clerk given his certificate? yes X. Is the Clerk's seal affixed? And if so, has it a device or inscription by which it can be distinguished from any other seal? yes

XI. Has the applicant obtained the evidence of a clergyman and another respectable citizen as to their belief respecting his age and the general belief in his neighborhood relative to his revolutionary service? yes XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it? XIII. If the applicant has no documentary evidence, and has not obtained the testimony of at least one living witness, has he stated in his declaration that such proof cannot be had? No XIV. † If the applicant's name is not found on the rolls of military service, has he produced a witness or witnesses as to his service? If he has produced direct proof as to service, has the magistrate who administered the oath, certified to the credibility of the witness or witnesses? Has the proper officer certified to the official character and signature of the magistrate as the regulations direct? XV. Does it appear from any of the papers that the witness was in such a situation, or of such an age, as to have a personal knowledge of the applicant's service? XVI. ‡ Are the papers authenticated as the regulations direct? yes XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered? 2. 4. 6. 7.
 EXPLANATORY NOTES.
QUERE V. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words: "Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service, but according to the best of his recollection he served not less than the periods mentioned below, and in the following grades; For _____ year _____ months, and _____ days, I served as a _____ For _____ months and _____ days, I served as a _____; and for such service I claim a pension."

It is important in all cases to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state they served two years in the militia, &c. without specifying the tours; the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must in every case be clearly shewn 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.
QUERE XIV.  Proof of Service.
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 claimants 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.
QUERE XVI.  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 paper 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.
In every case where the clerk of the court, or other certifying officer, 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.

Acts of July 14, 1862, and March 3, 1873.
REJECTED
10115
P. O. Moab Stephens
Service: Moab Stevens
A.O.T.
Enlisted: Aug 13, 1906 , 18
Discharged: _____ , 18
Application filed: _____ , 18
Alleges: _____
Re-enlisted: _____
Attorney: _____
P. O. _____
_____ Recognized. _____ Contract
_____ Cert. of Dis. Searched for _____ , 18

Moab Stephens South Carolina
Suspended
Since 22 Dec 1834
James Preston
del 27 April 1835
J. A. R. Currie
10115