Revolutionary War Pension and Bounty Land Warrant Application File S. 3822, for Nehemiah Tolar, North Carolina

SERVICE
NUMBER
Nb
Tolar, Nehemiah
S 3822
CONTENTS
Carded.

12377. North Carolina
Nehemiah Tolar
of Wayne in the State of N.C. who was a Pr: In: Hs in the — commanded by Captain of the Regn commanded by Col: M c Kinne in the N.C. line for 8 months —
Inscribed on the Roll of North Carolina at the rate of 29-Dollars 6 Cents per annum, to commence on the 14th day of March, 1831.
Certificate of Pension issued the 24 th day of A pr 33 and sub H. W. Husted, Wayneboro —
Arrears to the 14th of March 1833 58.32 Semi-ant. allowance ending 4 A pr — 14.58
$72.90
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by Nathan Rice Clerk, Book 6 Vol. 6 Page 57-

Know all men by these presents that I Benjamin Stickland, of the County of Wayne and State of North Carolina do hereby constitute and appoint John H. Martin of the City of Richmond Virginia My true and lawful Agent and Attorney to prosecute the Claims of Jeremiah Tolew for any amount of Revolutionary Pension, or increase of Pension, or Pension that may be due at his death, And I hereby authorize my said agent to examine all of the original papers and documents in relation to said Claim on file in the Department at Washington City or elsewhere; to file additional evidence or arguments; and to receive the certificate which may be issued for said Claim; and to do all things that I might or could do were I personally present hereby ratifying and confirming all that my said Agent and Attorney shall lawfully do in the premises. Witness my hand and seal this 16th day of December A.D. 1857. Signed and sealed by Benj 12 his Stickland Seal in the presence of } mark W. L. Andrews }
State of North Carolina County of Wayne
On this 16th day of December A.D. 1857 before me the subscribed a justice of the Peace in and for the County aforesaid personally appeared Benjamin Stickland and acknowledged the foregoing Power of Attorney to be his act and deed for the purposes therein mentioned. In testimony whereof, I have set my hand the day and year aforesaid. W. L. Andrews J.P. Clerk

Claim of Acherniah Fols
Act 7th June 1832
State of South Carolina } ss County of Wayne }
Be it known on this 16th day of December A.D. 1857 before the undersigned a justice of the Peace in and for the county and State aforesaid, personally appeared Benjamin Strickland aged 63 years a resident of Wayne County and State of South Carolina who made oath according to law declares that he is the son in law (having married a daughter) of Acherniah Fols who was a Revolutionary Pensioner and thereby representing one half of said Claim of the aforesaid Acherniah Fols who was a pensioner at the rate of $29.16 per annum from the 4th March 1831 to the 4th Sept 1838. And that he is under the impression that he died in October following 1839. x
That he the said Benjamin Strickland has been informed that the said Pension might have been increased; or could now so be increased, and that he is directly interested as a claimant in said Pension, either by an increase, or by what may still be due up to the day of the death of the said Pensioner and that he makes this affidavit to be filed with such additional evidence or arguments as my said Agents and attorney may use in prosecuting said Claim.
Benj mark Strickland mark
Sworn to and subscribed the day and year above said before me. W. L. Andrews (JP)
I Wm S. G. Andrews a justice of the Peace, in and for said County do hereby certify that Benjamin Strickland who executed the foregoing paper is a respectable resident of this County, and is, I believe, directly interested in said Claim as therein set forth.
*The "1839" inserted in the place of the word "following" before delivery of this instrument. W. L. Andrews (JP)

State of North Carolina } Wayne County }
I John A Green clerk of the court of Pleas & Quarter Sessions for the county aforesaid do hereby certify that M c G. Andrews Esq whose name appears to the three foregoing certificates is and was at the time of signing the same an acting Justice of the peace in & for said county duly qualified to act as such and that the signatures purporting to be his are genuine. In witness whereof I have hereunto set my hand & seal of said office this the 16 th day of Decr AD 1887
John A Green Clerk

State of North Carolina } Superior Court of Law County of Wayne } Fall Term 1832
On this 3rd day of October 1832 personally appeared in open Court before J. J. Daniel Judge of the Superior Court of Law now sitting Nehemiah Tolar aged about 93 years, a resident of the County of Wayne 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 was drafted in the service of the United States in the war of the Revolution - and served under Capt. Lazarus Crawford, until Gates defeat - when he came home and was sick - he served five or six months -
After that he volunteered in a company of light horse under Capt. John Franklin - and Captain David Ferring and served three months more and was discharged regularly - He has no documentary evidence of the service - but Col. Ezekiel Stockard was with him and knows all about it -
He hereby relinquishes every claim whatever to a pension or annuity except the pres- -ent and declares that his name is not on the any Pension Roll of the agency of any State.
Sworn to and subscribed the day and year aforesaid.
Nehemiah
Tolar mark
I, Ezekiel Stockard, of the County of Wayne and State of North Carolina, do hereby certify on oath

That in the April, 1780, Jeremiah Tolar was drafted in company with this affiant, in the service of the United States, in Wayne Co. N.C. under Captain Isaacus Crawford, Lieut. Dudley, Ensign Willoughby Williams, in the Second Regiment of N.C. Line Command ed by Col. Benj. Evans, That said Tolar was march- ed to Fayetteville, N.C. and remained there two or three weeks - Then was stationed on the Cape Fear at the Averas above Fayetteville and for a few days - Then into Randolph Co. N.C. where he remained a week or thereabouts, then to Chatham Hill S.C. and was stationed there for a few days - From Chatham following the British Army to Camden S.C. in the Battle of Camden, Affiant believes said Tolar was present - this affiant remembering to have seen him the evening before, and having supper with him - After the defeat, when the scattered forces were gathering in Wayne to meet the army at Hillsboro' N.C. Affiant remembers that there was a report that said Tolar was sick and could not join them Said Tolar was at least five months in this term of service -
This affiant remembers also that Tolar was at one time a member of a Troop of horse in the County of Wayne - and believes he served as in State - and believes that he was engaged in a skirmish or two with the Tories. Affiant knows that said Tolar was in those times reputed to be a true & staunch Whig - and never heard an imputation to the contrary -
Sworn to and subscribed the day and date aforesaid. Ezekiel Sherrill

We Samson Lane Esq. and Micajah Cox residing in the County of Wayne hereby certify that we are well acquainted with Nehemiah Solar who has subscribed and sworn to the above Declaration, that we believe him to be about 93 years of age. That he is reputed & 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 and year aforesaid
Samson Lane Micajah Cox
And the said Court doth hereby declare that it has been made to appear that the applicant Nehemiah Solar who has subscribed and sworn to the first certificate above - is a highly respectable citizen of Wayne Co. and doth declare its opinion after the investigation of the matter, and after full hearing, the facts above presented by the War Department that the above named applicant was a Revolutionary Soldier & served as he states in
And the Court further Certifies that it hath been made to appear that Samson Lane Esq. and Micajah Cox who have signed the preceding certificate, are residents respectable planters residing in the County of Wayne, and credible persons and that their statement is entitled to credit.
J. J. Daniel J. S. L. E.
I Nicholson Washington clerk of the Superior Court of Laws for the County of Wayne, do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Nehemiah Solar for a pension.
In testimony whereof I am hereunto set my hand and seal of office this fourth day of October 1832
N. Washington Clerk

Questions prescribed by the War Department Nehemiah Solar
Quest. 1 st When and in what year were you born? Ans. In North Carolina, Wayne Co. I believe in the year 1749
" 2 nd Have you any record of your age 3 and of so, when is it 3 Ans. I know of none
3 rd When were you living at the time you were called into service? When have you lived since the Revolutionary War? 3 Where do you now live? 3 Ans. I have always lived and now live in North Carolina
4 th How were you called into service? were you drafted, did you volunteer, or were you a substitute? 3 and if a substitute, for whom? 3 Ans. I was drafted in my first term and volunteered in my second as stated in my Declaration above
5 th State the names of some of the regular officers who were with the Troops when you served; such Continental or Militia Regt. men to as you can recollect, and the general circumstances of your service. Ans. I have forgotten almost every thing I ever knew. I remember Gen. Gates was our General — and was defeated at Camden. I remember Colo. M c Kinney in my second term of service. I have stated the rest in my Declaration above.
6 th Did you ever receive a discharge from the service? 3 and if so by whom was it given? 3 and what has become of it? 3 Ans. I received no discharge from my first term in S.C. — I received a discharge I believe when I left the Troops of Lord, but if so I have lost it.
7 th 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 in your service as a soldier of the Revolution Ans. Colo. Ezekiel Stocum, Joseph Everett, Samson Lane, Esquire Rob t Washington & Micajah Cox —
Sworn to and subscribed the day and year aforesaid Nehemiah Solar mark

I Nicholson Washington Clerk of the Superior Court of Law for the County of Wayne hereby certify that this paper contains a part of the original proceedings of said Court at their Fall Term 1832 in the mat- ter of the application of Michael Solan for a pension
I further certify that the above an- swers to the above Interrogatories were made under oath in open Court at their said Term
In testimony whereof I have hereunto set my hand and seal of office this Second day of April 1833
N. Washington Clerk

State of North Carolina } Superior Court of Law County of Wayne } Spring Term 1833
Personally appeared in open court at before John R. Donnell Judge of the Superior Court of Law for the County of Wayne at Eskiel Slocumb who being first duly sworn according to law deposeth and saith, That the date of the first of Nithmipah Term of Service as stated in the Declaration of C p being date 3 rd day of October 1832 made before J J Daniel Judge of said Court, was in April 1780 and thereafter five months at least  is serving in capacity of a private
That the date of his second Term as therein stated was in the fall or winter of 1781 or of 1782 and thereafter at least three months - in capacity of a private in under - Colo:
This affiant further swears that the intellect of said Nithmipah - never strong - is now so enfeebled by age and misfortunes that he cannot, in the opinion of this affiant, recall to his memory the particulars of his said services - said Nithmipah is in his dotage - and must depend on the memory of others in his application for a pension
Sworn to and subscribed in open court
E. Slocumb

I, John R Donnell, Judge of Superior Court of Law for the County aforesaid do hereby certify that it has been made to appear to said Court that Ezekiel Slocumb whose name is attached the preceding certificate is a credible person residing in the County of Wayne & State aforesaid ~ ~
That it hath also been made to appear by the not affidavit of said Ezekiel Slocumb and by the testimony of other credible witnesses that the Applicant, the said Jeremiah is very old & infirm - and in his dotage - that his memory has failed on almost every subject - and that a more definite account of his services cannot be expected of him in his present state of weakness amount- ing almost to idiocy ~ ~
J. R. Donnell J. S.
I Nicholson Washington Clerk of the Superior Court of Law for the County of Wayne do hereby certify that the foregoing contains the original proceedings of said court in the matter of the application of Jeremiah Slocumb for a pension
In testimony whereof I have hereunto set my hand and seal of office this 4 th day of April 1833
N. Washington Clk

Nehemiah Toler
Admit as Priv. Inf y 5 m o — 16.66 " Pri Cav y B o — 12.50  $29.16
H. W. Hustia Waynesboro N o Car

13. 47 44
BRIEF objections to the admission of Pension Claims , of which those answered in the negative, in red ink, will apply to the claim of Schemjak Solar — which require further proof or explanation.
I. Does the declaration show where the applicant resides? II. Did the declarant make the declaration in the county where he resides? 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? — no — 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? VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832? VIII. Has the Court given their opinion? IX. Has the Clerk given his certificate? 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?

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 clergyman but others XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it? none assigned 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 has produced a witness or witnesses as to his service, has the magistrate who administered the oath certified that he, she, or they are persons of credibility? so Has the official character and signature of the magistrate been certified by the proper officer under his seal of office? 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? — no XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered? — not stated before which his offer is made
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 the 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.
† 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 authenticated 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 end 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.

Pertham
3822
INVALID.
am
File No. 3822
Nehemiah Solomon
Per Rev. War
Act: June 7, 1832
Index:—Vol. A , Page 376
[Arrangement of 1870.]