Revolutionary War Pension and Bounty Land Warrant Application File S. 1891, for Joseph Stincipher, North Carolina

SERVICE
NUMBER
N.C.
Stincipher, Joseph
S. 1891
CONTENTS
carded

East 13389 West Tennessee
Joseph Stinecipher of the  in the State of West Tennessee who was a private in the company commanded by Captain Jackson of the 1st Regt by Col. Davis in the North Carolina line for 6 Months
Inserted on the Roll of West Tennessee at the rate of 20 Dollars & 00 Cents per annum to commence on the 15th day of March, 1831.
Certificate of Pension issued the 23 day of May 1832, at the rate of 20 Dollars per annum to commence on the 15th day of March 1831
Arrears to the 15th of March 40.00 semi-ant. allowance ending 11 Sept 10.00 $50.00
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by Daniel Boyd Clerk, Book 6 Vol. 7 Page 96

Certificate mislaid and retd to Pensions office by Hon. C. Johnson. Sent to the  office  from 2 July 1833. Levi D. Smith, Wm. G. C. 76. New certificate issued 2 Sept. and name transferred to E. Thompson and certificate to S. D. Smith. Wm. G. C. 76. Jan. Order to pay 24 Jan'y 1838.
Letter to B. Under Secy. 1. April 1839. Paid at the Treasury under the act of the 6 April 1838. from 1 st Sept 1836 to 4 March 1838. Age notified 10. April 1839.

State of Tennessee McMinn County ss
On this 28 th day of January 1833 personally appeared in open court before me John M Davis Daniel S Lander, and John Williams Justices of the court of pleas and quarter sessions now sitting Joseph Stowe (who supposed himself to be severely ill) On Eight years of age he not having any record of his age but says that he last two months of living six two years old When Independence of the united states was declared Who immediately swore according to canon. Attest on his oaths make the following declarations in order to obtain the benefit of the act of Congress passed June 7 th 1832.
That he entered the service of the united states in the county of Wilks State of North Carolina as a volunteer the year and day from the length of time & bodily infirmity cannot now be recalled by this applicant but he entered the service for three months under the following named officer and served as herein after stated, to wit: under Captain William Jackson Benjamin (Bleam) & Col. Campbells Who Christian name cannot now be recalled near as this applicant from the length of time & bodily infirmity recalled the No. of his Regiment, they rendezvoused at Dover the name of which he can not now be recalled from the place given, but it was situated on Little River They then marched for Kings Mountain but were afoot near and was placed under the command of Major Hunt Green in the war of the light horse who did not reach the Battle

and until the battle was over at night, he was then placed as one of the guards over the prisoners and marched with them to the Moravians Town and served as guard there until his three months expired. When he was honorably discharged by Captain William Jackson which discharge is now lost. Then he was again called into service as a drafted man for three months. The day and year cannot now be recollected from the causes above stated but that he lived in the county of Wilks in the State of North Carolina. He entered the United States Service under the following named officers, to wit Captain Pennington Babbitt & Col. Elisha Jones. The other officers of said Regiment & Co. of said Regiment cannot now be recollected from the causes before stated. He rendezvoused at Cypress Run in North Carolina and was there stationed at Cox's Mill for the term of service he was called out for to contend against the Tories Who were commanded by Col. Fannin. He was in a skirmage against the Tories about two miles above Cox's Mill in which they took several Tories prisoners & in which skirmage they came so near taking Col. Fannin as to get his hat and having seized out his saddle. Length of time for which he was drafted he was honorably discharged by Captain William Jackson who was the civil appointed for that purpose. Which discharge is now lost. This applicant also in several skirmages against the Tories. Which skirmages did not take place in in the above periods but happened in little irregular

Scouting Troops, he also recalled a skirmish in which he was against the Tories at or near the head of the Catawba River.
He cannot procure any person who can testify as to his personal service. Nor has he any documentary evidence whereby he can prove his service, he hereby relinquishes every claim. What ever 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. This applicant has lived in the state of North Carolina & Tennessee ever since the Revolutionary War.
Joseph his Stinebaugh mark
Sworn to & subscribed before me this 21 st day of January 1833 Thomas Lee D.C.
The Benjamin William & Abraham Justice
hereby certify that we are well acquainted with Joseph Stinebaugh who has been tried and known to the above declaration that we believe him to be seventy eight years of age that he is respected and believed in the neighborhood here where he resides to have been a soldier of the Revolution and that we concur in that opinion and that he cannot get with any reasonable evidence a clergyman to testify as to the above facts.
Abraham his Justice mark
Sworn to & subscribed before me this 21 st day of Jan y 1833 Thomas Lee D.C.
Benjamin Williams
and the said Court do hereby declare their opinion after the investigation of the matter and putting the interrogatories prescribed by the War Department that the above named applicant was a revolutionary soldier and served as he states and that every part thereof is true and the court further certifies that it

affirms to them that Abraham Spedden that Benjamin Williams who has signed the preceding are residents in the county of Morgan and is credible persons and that their statement is entitled to credit
John M. Davis John Williams D. H. Alexander
I Elijah Laverder clerk of the court of pleas and quarter sessions for the county of Morgan do hereby certify that the foregoing contains the original proceedings of said court in the matter of the applica- tion of Joseph Stinebaugh for a pension In testimony whereof I have hereunto set my hand and seal this 27 day of March A.D. 1833
Pension
Declaration Elijah Laverder Clerk By his deputy
Joseph Stinebaugh Thomas L. Lea
Morgan County
True copy

Joseph Leigh Leigh Morgan Leigh
from - Private 6 months, $20.
Dear Leigh Leigh Sumner Co. Tennessee

WAR DEPARTMENT,
Pension Office,
Sir:
The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in a tabular form. On comparing these papers with the following rules, and the subjoined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will show what is necessary to be done. These points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus: { ). You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your claim.
A Statement, showing the Service of Joseph Stone (for Montgomery Tenn.)
   Period when the service was rendered. Duration of the claimant's service Rank of the claimant. Names and rank of the Field officers under whom he served. Age at present, and place of abode when he entered the service. Proof by which the declaration is supported.   Years. Months. Days.     1812-1813 1 3 1 Priv. Col. Glendane " Campbell Col. Dickson 80 years Wilkes Co. Traditionary.   1813-1814 3 1 " Col. Edwards Col. Beavel 81 years  
I am, respectfully,
Your obedient servant,
J. L. EDWARDS, Commissioner of Pensions.

REGULATIONS UNDER THE ACT OF JUNE 7, 1832.
The following regulations have been adopted: This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army, and to include under the terms "Continental Line," "State troops," "militia," and "volunteers," all persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, &c., Teamsters, Boatmen, &c. Persons who served on board of private armed vessels are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service.
Four general classes of cases are embraced in this law:
 1. The Regular Troops.  2. The State Troops, Militia, and Volunteers.  3. Persons employed in the Naval Service.  4. Indian Spies. 
As rolls of the regular troops in the Revolutionary War exist in this Department, all persons claiming the benefit of this law as officers, non-commissioned officers, musicians or privates, will, in the first instance, make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides. And every Court having by law a seal and Clerk is considered a Court of Record.
DECLARATION,
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
State, Territory, or District of } ss. County of }
On this day of personally appeared (a) before A. B. a resident (b) of in the county of and State, Territory or District of aged (c) years, who being first duly sworn, according to law, doth on his oath make the following declaration, in order to obtain the benefit of the provision made by the act of Congress, passed June 7th, 1832. That he enlisted in the Army of the United States in the year (d) , with and served in the (e) regiment of the line, under the following named officers:
[Here set forth the names and rank of the Field and Company Officers; the time he left the service; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers;) the town or county and State in which he resided when he entered the service; the battles, if any, in which he was engaged, and the country through which he marched. [This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.]
He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of A. B. Sworn to and subscribed the day and year aforesaid.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states.
I of the Court of do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of for a pension.
In testimony whereof, I have hereunto set my hand and seal of office (i) this day of &c.
If, on examination of the proper record, the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out.
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz:
(k) We, A. B., a Clergyman, residing in the and C. D. residing in (the same) hereby certify, that we are well acquainted with , who has subscribed and sworn to the above declaration; that we believe him to be years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.
Sworn and subscribed the days and year aforesaid.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that A. B. who has signed the preceding certificate is a clergyman, resident in the and that C. D., who has also signed the same is a resident in the and is a credible person, and that their statement is entitled to credit.
I, Clerk of the Court of do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this day of &c.
Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction.
If such surviving witness cannot be found, the applicant will so state in his declaration, (l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his alleged service, as they are known at the Department. A very full account of the services of each person

will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.
The Court will propound the following (m) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.
 1. Where and in what year were you born?  2. Have you any record of your age, and if so, where is it?  3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?  4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom?  5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services.  6. { To a Soldier. { Did you ever receive a discharge from the service, and if so, by whom was it given, and what has become of it? { To an Officer. { Did you ever receive a commission, and if so, by whom was it signed, and what has become of it?  7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution. 
The Court will see that the answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant.
The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons—one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion. If one of these persons is a Clergyman, the Court will so certify, and they will also certify to the character and standing of other persons giving such certificates.
The traditional evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party. And the Courts are requested to be very particular in the enquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
Applicants unable to appear in Court, by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court.
Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the Peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature.
No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.
[a] The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance.
[b] The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not conforming to the rule.
[c] The age of the claimant must invariably be mentioned.
[d] The declarant must mention the period or periods of the war when he served.
[e] Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had. Every claimant must state, with precision, the length of his service, and the different grades in which he served, in language so definite as to enable the Department to determine to what amount of pension he is entitled. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service; but, according to the best of his recollection, he served not less than the periods mentioned below, and in the following grades:—For _____ year _____ months, and _____ days, I served as a _____. For _____ months and _____ days, I served as a _____; and for such service I claim a pension."
It is important, in all cases, to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state that they served two years in the militia, &c. without specifying the tours, the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must, in every case, be clearly shown under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
[f] The law makes the relinquishment indispensable.
[g] The opinion of the Court is always required.
[h] The Clerk must give his certificate in every case.
[i] The Clerk must affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he has no public seal of office, the certificate of a Member of Congress, proving the official character and signature of the certifying officer, should accompany the papers.
Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other papers authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
Proof of Service.
[j] In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses who are required to set forth in their affidavits the time of the claimant's entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
[k] The notes from [a] to [j] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule [j] applies to continental troops only.
[l] This traditional evidence is indispensable in militia cases.
[m] If a witness cannot be found, the declarant must state the fact.
[n] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.

Rev. Mar.
INVALID.
File No. K 891 Joseph Stincipher, Pub. N. E. Line.
Act: June 7, 1832.
Index:—Vol. A , Page 856
[Arrangement of 1870.]

TREASURY DEPARTMENT.
Second Comptroller's Office, April 5 th , 1839.
Sir:
Under the act of the 6th of April, 1838 entitled "An act directing the transfer of money remaining unclaimed by certain Pensioners, and authorizing the payment of the same at the Treasury of the United States," Joseph Stinecipher, a Pensioner on the Roll of the Knoxville, Tenn. Agency, at the rate of Twenty Dollars and Cents per annum, under the law of the 7 th June, 1832, has been paid at this Department, from the 1 st of Sept., 1836, to the 4 th March, 1838.
Respectfully, yours,
W. B. Parsons Comptroller.
To the Commissioner of Pensions, Present.

Agents office East Tennessee Knoxville Jan'y 11 th 1838
Sir
You will please herewith find enclosed the Application through his attorney of Joseph Stineipher for this Pension; my Books show that last payment was made up to the 4 day of September 1836 (under the act 7 June 1832.) I have in my possession the Original certificate of Pension; all Submitted for your action and further instructions
I am Respectfully your att Servt A. H. P. M c Adams
J. P. Edwards Esq. Commissioner of Pensions Washington City

Oct 14
Dear Sir,
Yours sincerely, Commissioner of Police Washington D.C.
H. R.
T

State of Tennessee Morgan County
I Thomas Lock - a magistrate in and for the County above named here- by certify that I have the most satisfactory evidence to wit, from my own personal acquaintance with the pensioner that Joseph Stinecipher who has this day appeared before me to take the oath of Identity is the identical person named in the pension certificate which he has exhibited before me Numbered 13589 and bearing date at the war office of the united States some day of 2 d September 1833 (it being a duplicate in lieu of an original certifi- cate dated 23 May 1833) signed by Jno. Cope secretary of war.
Given under my hand at Morgan Court House in said County this 27 th day of September 1837. J. Thomas Lock
Justice of the peace for Morgan County
State of Tennessee Morgan County
I Edmund L. Kingdon Clerk of the County Court of Morgan County do certify that Thomas Lock Esquire whose name appears to the within certificate

of identity is used and was at the time of signing the same an acting Justice of the peace in & for said County, and that his signature thereto appears in his own proper handwri- ting. Given under my hand and seal of office, at office in New Canaan on the 27 th day of September 1837.
Clarence G. King Clerk

Montgomery
Pennsylvania
March 27 th 1833
Dear Sir
I herewith enclose to you open - lion declaration I hope you will examine it and return the same as soon as possible as it is a short one and no wise complicated. You would do me a very great favour. & more partic- ular, the pensioner, to examine it when it comes to hand. I enclosed to the department as I believe, in the month of October last four Pension declarations, to wit one for Joseph Wickers, who claims for two years services one for John Williams who claims for six months services & one for Mathias Williams who claims for six months services and one for Clement Phillips who claims for six months services. I have not received any answer. I hope Sir you will please to give me some account of them if they have been received at the office, please to let me know when it is likely they will be examined as the poor old man is getting very impatient and says that claims sent since

This has been Examined & returned -
I also sent one other for Charles Priestly Which I believe was mailed in the month of November last Who represents himself to have been a listd soldier, if possible out of Charity & benevolence, to the poor & the blind & suffering Individual. Who claims in that declaration if it has reached your office Examine it. if it wants amendment. Send it back. & if it does not send him his Certificate =
plus to Exams. my pressing request as the poor old soldiers Who business I have undertaken to attend for ever now by their cries & complaints. to call upon you in the manner I have done
Secretary of War. Office of Pension office Department
Sim Trumbull

E. J. Wood
Secretary of War Pension Office Department Washington City
Pension Office