Revolutionary War Pension and Bounty Land Warrant Application File S. 3672, for Nicholas Perry, North Carolina

SERVICE
NUMBER
Nb
Perry, Nicholas
S. 3672
carded
CONTENTS

Died 29 March 1834
See letters March 24. 1835 to N. D. G. J. H. Talbot.
25233 West Tennessee
Nicholas Perry
of Madison in the State of Tennessee who was a private in the co company commanded by Captain Harris of the regt regiment commanded by Col Williams in the N. Carolina line for 8 months
Inscribed on the Roll of West Tennessee at the rate of 26 Dollars 66 Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 14 day of Apr 3 1833 and Jan 2 Brookshill  HO
Arrears to the 4th of Sept 66 67 Semi-ant. allowance ending 4 March 13 33 $80 00
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by Dan Lloyd Clerk, Book 6 Vol. 7 Page 92

23009
Nicholas Perry application for Pension
N 23009
Nicholas Perry

Declaration
In order to obtain the benefit of the act of Congress passed June 7 th 1832
State of Tennessee } Madison County } S.S.
On this seventeenth day of February, personally appeared in open court, before John B. Croft John T. Gilmore and James H. Rogers Esquires Justices of the Court of Pleas & Quarter Sessions for said County now sitting Nicholas Perry a resident of said County and State aged seventy two who being first duly sworn accor- ding to law, doth on his oath make the following declaration in order to obtain the benefit of the act of Congress passed 7 th of June 1832
That he was born on the 11 th of April 1760. and will be 73 years of age if he lives to see the 11 th of April next, he was born in North Carolina in what was then called Hartford County on Buttywhiskey Marsh , where he lived until he joined the service of the United States in the Revolutionary War. He has no recollec- tion of his birth, He is an unlettered man, being neither able to read or write. He understood from his father & mother, when he was born, who had his birth recorded in a book, but what has become of it this declarant does not know, as his father & mother both died before he was twenty years of age. He entered the service of the United States in November 1778, being drafted for five months service, in the North Carolina militia

and belonged to (the company commanded by) Captain Harris, Lieutenant Moses Tyler and Ensign John Langston, in the Regiment commanded by Colonel Williamson, about two weeks after defeat he marched with his regiment to Fayetteville, and from there we were marched to join Genl Ash of the North Carolina Militia, we reached a point near Augusta Georgia, December or January, The head quarters of the American Commander in chief Genl Lincoln being at that time either at Parisburgh or Black Swamp. About the last of February, the British retreated from Augusta, towards Savanna, and Genl Ash was directed to cross the Swanna river, and take a position at the junction of Briar creek on the South side of said river, where we arrived about the first of March. In a day or two afterwards the British under Col Campbell, appeared to be taking measures to prevent our crossing Briar creek, they having previously burnt the bridge. We were laying at our ease not expecting any danger, until all of a sudden the British army came round in our rear, and hemmed us in between the creek and the river. We were panic struck and for safety plunged in the river, the a part of the British being on the other side of the creek, this declarant swam over the river, but many of his comrades were drown drowned and killed in the river. In this battle he does not believe the Militia fired a gun, about one hundred continental troops under Genl Elbert made some resis- tance, but were overpowered. After the battle, we assembled

at Parrisburg, where we remained some time and marched from thence to Black Swamp, and about the last of April reinforcements from North and South Carolina arrived, and the time of service of five months having expired, the declarant was discharged with others whose term of service had expired were marched home by Col Williams, when we arrived in the last of May 1779. About a month or two after his return home the declarant volunteered for three months in a troop of horse raised and commanded by Captain Hardy Sharpe, the man after whom the town of Sharpeborough North Carolina is called. We started down upon the seacoast coast, to intercept some British, who were in the habit of leaving their shipping and committing great destruction to the property of the inhabitants cutting down orchards and burning houses, &c, we expected to cross a large swamp by up on a causeway of logs and bridges, but when we came to them the British and Tories had destroyed the bridges so that we could not cross, and were compelled to go near fifty miles lower down, and crossed Tull creek, by taking our waggon to pieces and placing them across canoes and swimming our horses, - after reaching the seacoast, we took a road parallel with the coast without encountering or meeting any of the enemy, and proceeded as far as Suffolk in Virginia, which had been burned by the enemy before we reached there, from here we returned homeward, being out in about three months, after our return we were

4 was discharged by Captain Murphy - He had written discharges at the expiration of both terms of service, the first signed by Col Williams and the latter by Captain Murphy, but being unattuned and not knowing that they could be of any use to him at any after period he took no particular care of them, and has cannot say how or when he lost them. After the war was over the declarant moved to Wake county North Carolina, where he remained and lived until about two years past, when he moved to Henderson County in this State, where he lived one year, and then moved to this County where he has resided one year, and still resides here.
This Declarant refers to Simon Goodwin and Ellen Goodwin who can testify as to his character for veracity and their belief as to his services as a revolutionary soldier. He knows of no person living by whom he can prove the actual performance of his services.
He hereby relinquishes every claim to a pension or annuity whatever except the present, and declares that his name is not on Pension roll of any State or the agency of any State.
Sworn to & Subscribed to above On June 18th
Nicholas his X Perry mark

On this 7 th of February 1833. came into open court Gideon Goodwin and Allen Goodwin, and made oath in due form of law, that they have been well acquainted with Nicholas Perry who has sworn to and presented the foregoing declaration, the first, has known him for upwards of forty years, and the latter aughteen or twenty years, when he resided in Wake county North Carolina, and that they have also known him since his residence in this county. That said Perry has always been the character of an honest man, and of truth and their affiant would give him full credit upon his oath. It was generally reputed and believed in Wake County that he was a soldier of the Revolution, and in that opinion we concur, and we have never heard his services denied. We believe him to be of the age he states and that he served as he states
G Goodwin
Allen Goodwin
Sworn to & subscribed date above R. V. D. B. B.
And the said court do certify, that from it is 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 soldier of the Revolution and served as he states, and that it appears to them that Gideon Goodwin and Allen Goodwin who have signed the preceding certificate are residents of this county and are credible persons and that their statement is entitled to credit. And further, that there is no regular

clergymen residing in the neighbourhood of said applicant and that he could not procure the certificate of a clergymen with any convenience, unless in Wake county North Carolina
John B Crops John Sidwell J. H. Rogers
I Roderick M c Iver Clerk of the Court of Pleas & Quarter Sessions for the County of Madison & State of Tennessee do certify that the foregoing are the original proceedings, of said court in the matter of the application of Nicholas Berry for a pension
In witness whereof I have hereunto set my hand and affixed my seal of office done at office in Jackson on this 7 th day of February 1853
R m M c Iver Clerk

No 23009 Nicholas Piry Madison County Tennessee
From 1778 prints 18 months. $26. 66 / 100
Wm. D. Crockett N. R. Ray Lot 14. Talbot Jackson, Tennessee

WAR DEPARTMENT,
Pension Office,
183
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 Nicholas Perry Madison County Tennessee
   Period when the service was rendered. Duration of the claimant's service. Rank of the claimant. Names and Rank of the Company officers under whom he served. Names and Rank of the General and Field officers. Battles in which the applicant was engaged. Country through which he marched. Place of abode when he entered the service, and age at the present period. Evidence by which the declaration is supported.   Years. Months. Days.     Draft. Apr. 1778 - 5 - private Capt Harris Col Williamson Marched to Fayetteville and then joined Genl. Ash. to Brim Creek at Brim Creek about 100 Regulars under Col. Elliott made some resistance assembled at Parrisburgh marched to Black Swamp 72 years Traditionary evidence   Vol. 1779 - 3 - cavalry Capt Hardy Capt. [?] Brier Creek Nartford County North Carolina No claimant for reason given papers not properly attached witness entitled credible  
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 _____
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 day 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 he 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 [i] 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.

ReMan
3672
INVALID.
File No. 8672
Nicholas Perry
Port N.E. B.
Act: June 7/52
Index:—Vol. 8 , Page 291
[Arrangement of 1870.]

Jackson Ind. March 2 nd 1835
Dear Sir
I enclose you some documents forwarded to the pension Agent at Nashville for the pension of Nicholas Perry, who died before he was aware of his pension, and the same is now due his widow. You will see by the enclosed documents that by some unaccountable negligence the original certificate was lost or mislaid in the Court, after the whole evidence required had been introduced, to remedy which you have the affidavit of the deputy clerk and one of the Court and myself as to the existence and probate of the certificate in Court. The Agent however at Nashville refused to pay the pension unless ordered by you, that being his instructions in all such cases. I therefore enclose the documents together with his letter to you. And hope you will act upon the matter without delay - this old woman is quite poor and really stands in want of the money -
Respectfully yours J. H. Talbot
J. L. Edwards Comm. pensions Washington City

J. L. Edwards Esq Cannipinnar of Pines Washington City

Pension Agency, West Tennessee Office David W. Bates Nashville 8 th Feby 1855
Sir
Nicholas Perry, a Revolutionary Pensioner under the act of June 1832 was reported to this Agency in your list of the 23 rd Decr 1853 at the rate of $26.66 - per annum I am just informed that this man is dead & that his Certificate has been lost or so mislaid by the Widow or the Officers of the Court to which she was about to make proof of her marriage & the death of her husband &c - and therefore cannot receive the pension due to her late husband until your instructions shall be received in the case - No payment has been made on account of this pension - therefore she is entitled to draw the same from the 4 th March 1854 to the day of her husband's death.
I am. Most respectfully
Your ob Servt
Thos. H. Fletcher. Resident of Pension Agt
J. L. Edwards Esq Commissioner of Pensions Washington City

Sackson Nov r 22 nd 1833.
J L Edwards
Commissioner of Pensions -
Dear Sir.
I herewith return to you the declaration of Nicholas Perry with the brief of objections, forwarded to me some time since. I have looked over the brief of objections and confess I am at a loss to know how it is I write so badly or you read so badly as to have formed this brief -
1 st objection in margin under head "Evidence by which the declaration is supported" I find these words. "No clergyman and no reason given."
To remove this objection I refer you to the certificate of the Court on the conclusion of 5 th and beginning of the 6 th pages of the document - I find these words, "That there is no regular clergyman residing in the neighbourhood of said applicant and that he could not procure the certificate of a clergyman with any convenience unless in Wake county North Carolina." Is this not a sufficient reason for not procuring the certificate of a clergyman?
2 nd objection as to the mode of authentication. This defect I have remedied -

3 rd objection. "If a witness cannot be found, the declarant must state the fact." To remove this objection I beg to refer you to the declaration on the fourth page and 17 th line. I find these words. "He knows of no person living by whom he can prove the actual performance of his services."
4 th Objection. "The answers to the interrogatories must all be written and sent to the war department with the declaration" - To remove this I refer you to the instructions, immediately following the seven interrogatories, are as follows: " The Court will see that the answers to these interrogatories are embodied in the declaration. I have read over the declaration I find therein a response to every one of these declarant interrogatories."
I hope Sir you will review this case and send on the certificate.
Yours Sir
J. H. Talbot

BOUNTY LAND WARRANT RECORD CARD*
NAME Perry, Noah GRADE Private LINE Massachusetts
WARRANT NUMBER 4839 ACREAGE 100 ISSUED Aug. 24, 1790
to Benj. Ives Gilman
*The information concerning the issuance of warrants carded on this form is found in volumes 2 to 4 of "Land Warrants Issued Prior to 1800" which are registers of bounty land warrants issued to non-commissioned officers and privates under congressional resolutions of September 16, 1776, and subsequent dates. Other records relative to the applications for warrants appear to have been destroyed in the War Department fire of November 9, 1800. Information concerning warrants surrendered to the Federal Government is to be found in General Land Office records in The National Archives.