Revolutionary War Pension and Bounty Land Warrant Application File S. 7736, for Lewis Todd, North Carolina

SERVICE
NUMBER
Nb
Todd, Lewis
S 7736
CONTENTS
boarded

16 11 5 North Carolina
Lewis Todd
of Edgecomb in the State of North Carolina who was a private in the company commanded by Captain Clinch of the Regt. commanded by Col. Clinch in the North Carolina line for 14 months
Inscribed on the Roll of North Carolina: at the rate of 49 Dollars 16 Cents per annum, to commence on the 14th day of March, 1831.
Certificate of Pension issued the 8 th day of July '33 and sent to S. H. Haden Tarborough N. C.
Arrears to the 14th of March '33 - 98.32 Semi-annual allowance ending 4 Sept. - 24.58
$122.90
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by Wm. Miller Clerk, Book E. Vol. 6. Page 57

Duplicate Certi, in 1841 and Barbera. N. 6
recounted 18 th sent to Pensylvania
Mr. Geo. Stanley, 2172 18 th St.

Lung Road OHL 7726
Alnus parvula 11 mo. 36.66 3. lats, 142.12 Int. 12.7 $149.16
Pay P. 329
10 alnus Mr. Kearns Turboro - 116

BRIEF in the case of Lewis Toad County of Edgecombe in the State of North Carolina (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge? open Court  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?  3. How old is he? 69 years  4. State his service, as directed in the form annexed. 
   Period. Duration of Service. Rank. As a Names of General and Field Officers under whom he served. Gen.   Years, Months, Days.     Octob or Nov d In 1778 discharged 6. Private Colt Clinch   in April 1779 3 " Colt Shepard   in December 1779 discharged   in April 1780 3 4 Colt Clinch   Sept. 1781 - 1782 6 or 7 2 or 4 Colt Dabney  
 5. In what battles was he engaged? None  6. Where did he reside when he entered the service? Edgecombe Co. North Carolina  7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls? By living witnesses  8. Are the papers defective as to form or authentication? and if so, in what respect? Correct 
X Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
Nathan Dabney Examining Clerk.

Declaration of Lewis Todd for a pension
7726

State of North Carolina } August Term Edgecombe County } Court of Pleas & Quarter Sessions.
On the 27 th day of Aug t 1832 personally in open court, before the Justices of the Court of Pleas & Quarter Sessions now sitting, Lewis Todd, aged 69, a resident of the County and State aforesaid, who being first duly sworn according to law doth on his oath make the following declaration, in order to obtain the benefit of the act of Congress passed June 7. 1832.
That he entered the service of the United States under the following named officers and served as herein stated —
The regiment was under command of Col. Joseph Clinch, and the company was commanded by Capt. Edward Clinch with W m Hall Lieutenant. He entered the service in October or November 1778 — and was discharged in April 1779. — He resided at that time in Edgecombe County, N o Carolina. — The regiment embodied and marched thro' the Southern part of North Carolina passed into South Carolina and pursued the enemy across the Savannah river into Georgia and meeting them at Brier Creek engaged them at Brier Creek, under the command of Genl. Ashe. After the defeat at Brier Creek the troops were collected at Purisburg and subsequently discharged.
In a month or two — say Dec r 1779 — he was drafted in a company commanded by Capt. Fred. Bell. John Bates Lieut. — the company belonged to the regiment under command of Col. Jas. Shepard with — Lous in Lieut. Col. He was ordered to Charleston and remaining there during a part of the siege was discharged in April 1780 —

In Sept 1780-82 he volunteered in a Cavalry Company commanded by Major Jas. O'Clirch and went out in the neighborhood of Fayetteville where he was put under the immediate command of Capt. DeKoin and Lieut. Dixon and pursued the Tories taking prisoner their Captain. After remaining on this duty three or four months, he was discharged. —
Sworn to & subscribed
Lewis Todd
I Henry Lancaster of the County of Edgecombe and State of North Carolina do hereby certify that I was in the service from October 1778 - to April 1779 with Lewis Todd and believe the facts stated in the above declaration to be correct to the best of my knowledge and belief.
Sworn to -
Henry Lancaster
I Micajah Bethany of the County of Edgecombe N.C. do hereby certify that I was in the service with Lewis Todd as set forth by him in the two last paragraphs of his declaration and believe the facts stated by him to be correct to the best of my knowledge and belief.
Sworn to.
Micajah Bethany

The said Court do hereby declare their opinion that after the investigation of the matter and after putting the interrogatories prescribed by the War Department, the above named Lewis Todd was a Revolutionary soldier. And the Court further testifies Henry Lan caster and Elizabeth Pettaway an credible persons and their statements are entitled to full credit.
W. P. [initials] C. P. [initials]
I Michael Hearn Clerk of said Court do hereby certify that the foregoing contains the origin- al proceedings in the matter of the application of Lewis Todd for a pension
In Testimony whereof I have hereunto set my hand and seal of office the 27 day of August 1832.
Michael Hearn

This may certify that we have known Lewis Todd of Edgecombe County North-Carolina for many years, and from our acquaintance with him we believe him to be of the age he represents that is sixty eight or nine years old - And he is generally believed in the neighborhood to have been a revolutionary soldier and we concur in the same opinion.
Given under our hands Heals this 18 th day of August A D 1832.
Thomas Dupree
Jordon Sharov

State of North Carolina } Greene County }
April 22. 1833.
Personally appeared before me Henry Austin Justice of the Peace in and for said County Lewis Todd who be- ing duly sworn doth depose & say-
That he was born in Bertie County in the year 1763- He has no record of his age - his father having died when he was young and thinking them to be called upon to furnish such re- cord he failed to procure it if he ever had one. He refers to the Certificates of Henry Lancaster and Micajah Petway who served with him which certificates were regularly pro- ven before the Court in August last. He did not procure the evidence of Clergymen at the time but herewith appends the Certificate of Thomas Dupree & Jordan Sherod. His length of service, embracing three tours, included fourteen months as a private for which he claims a pension.
Lewis J Todd
Sworn to & subscribed
H. Austin

I Michael Hearn Clerk of Edgecomb county Court hereby certify that Thomas Dupre & Jordan Sherod are regular ministers of the Gospel - and that their Statements are entitled to credit -
I further certify that _____ is a Magistrate as above and that the signature purporting to be his is genuine
In witness whereof I have hereunto subscribed my name and affixed my seal of office the day and year named above
Michl Hearn

Reuben
7736
↓ INVALID.
File No. 7736
Lewis Todd
Prv Rev. War
Act: June 7th 1839
Index:—Vol. 103 , Page 376
[Arrangement of 1870.]

Office Poinsett file 1841
Mr Ewan
Free
Hon Joel R. Poinsett Secretary of War Washington DC

Torborough 7 th Feb 1841
Hon Genl R. Poindext r
Sir should the Enclosed document be prepared according to the regulations of your Department you will please forward to this office to my address the Pension certificate
Very respectfully Your obed t servant Lewis Todd

Jan 1. 1820
Mr. J. L. Edwards Esq. Crown of Paris H. O. H.
Am. July 2. 1821. H. O. H.

W.H. Dec. 30 1840
Sir; Enclosed you will find a letter relating to the Pension of Mr Lewis Todd, of Edgecumbe County R. Ca.
You will oblige me by giving me a full answer to this letter, that I may send it to Mr Dugg. —
I sent you some days ago a letter containing an application for a pension for Miss Spain, to which I have received no answer.
Respectfully yours
C. M. Stanley
J. L. Edwards Esq Counsel of Pensions

Lewis Toad

BRIEF objections to the admission of Pension Claims , of which those answered in the negative, in red ink, will apply to the claim of Lewis Todd Eugene 6 th North Carolina which require 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? no XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it? no 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? 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? yes 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? yes Has the proper officer certified to the official character and signature of the magistrate as the regulations direct? yes 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? yes 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? 1, 2, 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 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.
†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.

APPLICATION FOR A NEW CERTIFICATE.
County of Edgecombe S. C. ss.
On this 27 th day of January 18 40 , before me, the subscriber, a Justice of the Peace for the said county of Edgecombe personally appeared Lewis Todd who, on his oath, declares that he is the same person who formerly belonged to the company commanded by Captain Edward Clinch of Bats in the regiment commanded by Colonel Joseph Clinch of Knowles in the service of the United States; that his name was placed on the pension roll of the State of North Carolina that he received a certificate, of that fact under the signature and seal of the Secretary of War; which certificate, on or about the Sixth day of December 18 40 at or near his residence in Edgecombe County North Carolina at which time he had his house with all his effects including his Pension Certificate consumed by fire and was unable to save any thing from the conflagration
Sworn and subscribed to before } me, the day and year aforesaid. }
Benj Sharpe . . .
Lewis Todd
NOTES.—The last four blanks are left for the applicant to set forth the time, place, and manner of the loss or destruction of the original certificate.
The oath to be taken before a duly qualified Magistrate, whose official character and signature must be properly authenticated.
¶ If the Pensioner has never received a formal certificate, but has drawn his pension on a mere notification, as was the case in a few instances many years ago, he should leave out the above words in italics, and insert, in lieu thereof, "but has never received a formal certificate, and now wishes to obtain one."
The Pensioner's oath must be supported by the evidence of another person as to identity. The person must swear that he well knows him to be the same person described in the above affidavit. The Magistrate must certify that the deponent is a person of veracity. This oath must also be authenticated by the certificate of the proper officer, under his seal of office, setting forth that the officer before whom the affidavit may be made is a Justice of the Peace, Judge, or Notary Public, as the case may be.
When a person acting as an agent or Attorney for a pensioner, loses the certificate, the affidavit of that person is also required, which must be authenticated as above.
¶ 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 be sent with the papers.
¶ Mode of authenticating papers.—In every instance where the certificate of the certifying officers who authenticates the papers is not written on the same sheet which contains the affidavit, or other paper authenticated, the certificate must be attached thereto by a piece of tape or small 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.
¶ No attention will be given to applications from persons who act as agents, unless they are known at the War Department, or are vouched for as respectable persons by some one who is known to the Department.

State of North Carolina Edgecombe County
On this 27 th day of January 1841 Personally appeared Pherson Lugg before me Benjamin Sharpe a justice of the Peace for the County aforesaid who maketh oath that he is well acquainted with Lewis Vodd the aforesaid pensioner and that he is fully satisfied that he is the same person who held the pension certificate and that the same has been destroyed by fire as set forth by Mr. Vodd. He has been acquainted with the said Vodd for several years and has never heard his veracity impeached
Sworn to & Subscribed Before me the day and year aforesaid
P. Lugg
Benjamin Sharpe J.P.
State of North Carolina Edgecombe County
I Benjamin Sharpe a justice of the Peace for the County of Edgecombe State of North Carolina do hereby certify that I have known Lewis Vodd pensioner of the United States and Pherson Lugg whose deposition is attached thereto and am fully satisfied that the facts set forth by each of them are correct and that I have never heard the veracity of either questioned Given under my hand & seal this 27 th day of January 1841
Benjamin Sharpe J.P. (seal)

State of North Carolina Edgecombe County
I John Norfleet Clerk of the Court of Pleas, and Quarter Sessions of said County, do hereby certify that Benjamin Sharp, is an acting Justice of the Peace for said County & that the several foregoing signatures purpor- ting to be his, are genuine
In testimony whereof, I have hereunto subscribed my name, and affixed the seal of said Court, at Offield, in Tarborough, this the 9th day of February 1841
J. Norfleet (Clerk)