Revolutionary War Pension and Bounty Land Warrant Application File S. 7,154, for David Lindsey, North Carolina

SERVICE
NUMBER
N.6.
Lindsey, David
S.7154
carded.
CONTENTS

North Carolina 16.512
David Lindsey of Currituck in the State of N.C. who was a p. — in the — commanded by Captain — of the Regt. commanded by Col. Innes on the No. Br. line for 2 years —
Inscribed on the Roll of N. Carolina at the rate of 80. Dollars — Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 28 th day of Aug. 32. and due to Widow Hatt. Currituck C.H. N.C.
Arrears to the 4th of March 1833 16- Semi-ant. allowance ending 4 Sept. — 40- $200-
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by Nath. Tice — Clerk, Book 6 Vol. 6 Page 47
Letter to Pension Agt 17. April 1838 a to 3 rd Auditor G. L. Harrison 21. June 1838
Paid at the Treasury under the Act of the 6. April 1838 from 4. Sept 1836 to 1. Decr 1836 the day of his death. — Agent Noblefield 26 th July 1838.

Treasury Department.
Second Comptroller's Office,
July 23. 1838.
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," The children of David Lindsay deceased a Pensioner on the Roll of the N. Carolina Agency, at the rate of eighty Dollars and " " " " Cents per annum, under the law of the 7th. June 1832 has been paid at this Department, from the 4th of Sept. 1835 to the 1 st December 1835, the day of his death. Respectfully, yours,
William H. Parris Comptroller
To the Commissioner of Pensions, Present.

State of North Carolina Carrick County ss
On the 29 th day of August 1832 personally appeared in open Court before Colb. P. Stroud Benjamin T. Simmons John B. Jones and William Porty Justices of the Court of Pleas and Quarter Sessions for the County of Carrick and State of North Carolina David Linasey a Resident of said County & State - of the age eighty Years who being first sworn on according to Law doth on his Oath make the follow- ing Declaration in order to obtain the benefit of the Act of Congress passed the 7 th of June 1832. - He saith that in the Year 1776. he entered as a soldier in the State service under an Act of Assembly of the State of North Carolina, that he was first under Captain Dennis Hogan, then under Captain John Jarvis and then Captain Shadrach Whithall that he served for one Year and eight months was stationed on Carrick Banks to guard the Coast & said that that he has no documentary evidence but can prove the service by Thomas Ives and Leffey Perry - he further says that he served as Captain under Colonel Isaiah Simmons and General Isaac Gregory in the Year 1780 that he marched to the Wadsworth in North Carolina soon after Gates Defeat and was stationed near the Wadsworth for five months - He has no documentary evidence but can prove by Hosea Ball & Joshua Ball that they saw him in the service at the time mentioned on the Wadsworth River. He hereby relinquishes every claim whatever to a pension or annuity except the present and decla- res that his name is not on the Pension Roll of the agency of any State.
Sworn to and subscribed the day and Year aforesaid (signed) David Linasey

We Foster Garvis a Clergyman residing in Barnwell County and State of South Carolina and Eawana Hardy of the same place - hereby certify that we are well acquainted with David Lindsey who have subscri- bed and sworn to the above Declaration and that we believe he is of the age of Eighty Years 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 to, and subscribed the day & year aforesaid
(Signature)
Foster Garvis
(Signature)
Eawana Hardy
Hosea Ball and Joshua Ball make oath that they are well acquainted with David Lindsey who have subscribed and sworn to the above Declaration and that they know that he performed the service stated to be in the knowledge of their affidavits
(Signed) Hosea Ball
(Signed) Joshua Ball
Thomas Ives & Lepe Perry make oath that they are well acquainted with David Lindsey who have subscribed and sworn to the above Declaration and that they know that he performed the service stated to be in the knowledge of their affidavits
(Signed) Thomas Ives
(Signed) Lepe Perry
And the said Court do hereby declare their opinion after the investigation of the matter and after per- the Interrogatories prescribed by the War Depart- ment that the above named applicant was a Revolutionary Soldier and served as he states - And that the Court further certify that it appears to them that Eawana Hardy and Foster Garvis who have signed the preceding Certificates are both Clergy men and creditable persons and that state-

ment is entitled to credit.
I Spencer Hall clerk of the Court of Pleas and Quarter Sessions for the County of Currituck and State of North Carolina do hereby certify that the foregoing contains the original proceed- ings of the said Court in the matter of the application of David Lindsey for a pension.
In testimony whereof I have hereunto set my hand and seal of office this 12 th day of September A. D. 1832.
[Signature: S. Hall]
- prove aw him

David Linsley N o 8236
N. Co.
Pa
Admitted as a private 2 years $80=
p.m.
J. Hall Esq. Cavendish C.H.
N. Co.

WAR DEPARTMENT,
Pension Office,
May 29 1833
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 shew what is necessary to be done. Those points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus: { ). You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your claim.
A Statement, shewing the Service of David Lindsey
   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.     1776 1 8 Pri. 80 years   1780 5 Capt. Col. Simmons Traditional Witnesses  
I am, respectfully,
Your obedient servant,
J. L. EDWARDS,
Commissioner of Pensions.
The name of the app't not being found upon the muster roll, must prove his service

REGULATIONS UNDER THE ACT OF JUNE 7, 1832.
The following regulations have been adopted:
This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army, and to include under the terms "Continental Line," "State troops," "militia," and "volunteers," all persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, &c., Teamsters, Boatmen, &c. Persons who served on board of private armed vessels are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service.
Four general classes of cases are embraced in this law:
 1. The Regular Troops.  2. The State Troops, Militia, and Volunteers.  3. Persons employed in the Naval Service.  4. Indian Spies. 
As rolls of the regular troops in the Revolutionary War exist in this Department, all persons claiming the benefit of this law as officers, non-commissioned officers, musicians or privates, will, in the first instance, make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides. And every Court having by law a seal and Clerk is considered a Court of Record.
DECLARATION,
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
State, Territory, or District of } ss. County of }
On this _____ day of _____ personally appeared (a) before A. B. a resident (b) of _____ in the county of _____ and State, Territory or District of _____ aged (c) _____ years, who being first duly sworn, according to law, doth on his oath make the following declaration, in order to obtain the benefit of the provision made by the act of Congress, passed June 7th, 1832. That he enlisted in the Army of the United States in the year (d) _____, with _____ and served in the _____ (e) regiment of the _____ line, under the following named officers:
[Here set forth the names and rank of the Field and Company Officers; the time he left the service; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers;) the town or county and State in which he resided when he entered the service; the battles, if any, in which he was engaged, and the country through which he marched. [This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.]
He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of _____
Sworn to and subscribed the day and year aforesaid.
A. B.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states.
I, _____ of the Court of _____ do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of _____ for a pension.
In testimony whereof, I have hereunto set my hand and seal of office (i) this _____ day of _____ &c.
If, on examination of the proper record, the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out.
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz:
(k) We, A. B., a Clergyman, residing in the _____ and C. D. residing in (the same) _____, who has 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 in note [j] applies to continental troops only.
[l] This traditional evidence is indispensable in militia cases.
[m] If a witness cannot be found, the declarant must state the fact.
[n] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.

Reuben
7154
INVALID.
File No. 7154
David Linnus Ely
Brn Rev War
Act: June 7th 1832
Index:—Vol. 1 of , Page 224
[Arrangement of 1870.]

Union Office
Hyattsville April 12 1838
James L Edwards Esq Commissioner of Pensions
Sir
In order for your inspection
the following papers—
1832 Wm of David Lindsey & Sepulchre 1, Encl & Master. . . . . 20. — —
I am Sir
Very respectfully
Yours Obedient
Benj. Russell
of yours

State of North Carolina / Cumberland County } personally appeared Hosea Wall Before me Benjamin T. Simmons one of the Justices of the peace in and for said County and made oath in due form of Law that he is about Twenty six years of age that he was Born in - Cumberland and has allways resided in said County he further saith that he is well acquainted with David Lindsey of the aforesaid County an applicant for a pension under the act of June the 7 th 1832 - and he knows to his knowledge that he entered the service as a soldier in the state service under an act of the General assembly of the state of North Carolina sum time the first of may in the year 1776 - and was station on Cumberland Bank to Guard the boat and fort and that he continued to serve until regular discharge which was on the 28 th day of January 1778 - he further saith that in the month of October 1780 - that he saw David Lindsey in the state service in - Rowan County state of North Carolina - near the Yad - kin River in Col. Asa Smiths Regiment over

But does not know at what time he was discharged sworn and subscribe to before me this 19 th of June 1833
attest B. T. Simmons J.D.
Hosea Ball
I Benjamin T. Simmons a Justice of the peace in and for the county of Connecticut - certify - Hosea Ball who made and signed the above affidavit is a man of credit and true faith and credit is due to his testimony this 19 th of June 1833
B. T. Simmons J.D.
State of N. Carolina } Connecticut county } personally appeared Hosea Ball before me Benjamin T. Simmons Justice of the peace in and for sd county and made oath in due form of law he saith that he is in his seventy fourth year of age he further saith - that in the month of October 1780 he saw David Lindsay in the state service in Rowan county over

State of Carolina near the Yadkin River in Leelo Asa Simmon Regiment — but does not at what time he was discharged given under his hand, this the 19 th of June 1833 Sworn and subscribed Joshua Ball before me —
B. T. Simmons J.D.
I Benjamin T. Simmons do hereby certify as aforesaid do (believe) that Joshua Ball is a man of Respectability and ought to be believed this the 19 th of June 1833
B. T. Simmons J.D.

State of North Carolina Gunnison County
I, Spence Hall Clerk of the County Court of Pleas and Quarter Sessions for the County and State aforesaid do hereby certify that Benjamin T. Simmons Esq. before whom the above Certificate was signed is now and was at that time an acting Justice of the Peace acting under the authority of the State and that due faith and credit should be given to his official acts
Given under my hand and seal of office this the 19 th day of June 1833

State of North Carolina Cumberland County June 18. 1833. Personally appeared before me Joshua Harrison one of the Justices of the Peace in and for the said County. Thomas Gregory of said County, who deposeth and saith as follows. That he is now about Seventy-Three years of age that he was born in Cumberland County and has resided therein always and been acquainted with David Lindsey from his youth who is now an applicant for a pension under the act of June 7 th 1832. that he knows he enlisted in the State service at the same time deponent did that he enlisted and served under Capt. Alexander Whitehall and others for the space of one Year and eight Months during the Revolutionary War and was stationed on Cumberland Banks to Guard the Coast and inlet but deponent does not recollect the time of enlistment or discharge but knows. that the said David Lindsey served until he was regularly discharged. deponent further states that he has often heard it said by those who were in company with David Lindsey that he served a campaign as cap- tain of a company in the west part of North Carolina but that those persons by whom the fact could be proved are now dead. Sworn to and Subscribed before me Joshua Harrison J.P. Thomas Gregory
Joshua Harrison a Justice of the peace aforesaid do certify that Thomas Gregory who signed the above is a man of credibility and due faith and credit is and should be given to his testimony Witness my hand and seal June 18. 1833 Joshua Harrison J.P.

State of Maryland Carroll County
I Spencer Hall Clerk of the County Court of Frederick and Allegany Supreme for the County and State aforesaid do hereby certify that Joshua Harrison Esq r is now and was at the time the above affidavit was above affidavit was signed an acting Justice of the Peace acting under the authority of the State & that due faith and credit should be given to his official acts
Given from under my hand & seal of office this the 19 th day of June 1833
J H Hall

Covington Co N.C. June 19 th 1833
J. L. Edwards Esq.
Sir
Enclosed I send you the papers of Mr David Lindsey an applicant for a pension, he has got two additional witnesses to the first service mentioned in his declaration and in the second he has proved that he was seen in said service at the Askin River in this state a distance of three or four hundred miles from Covington and by Mr Thos. Gregory that he always has heard that he was in said service as capt, the presumption is that he could not have performed the service in less time, You will much oblige the applicant by attending to it as soon as possible and direct them to me at Powell's Point Post office in this County as the office at Covington Co. is discontinued
Your Obedient servant,
Spence Hall