Revolutionary War Pension and Bounty Land Warrant Application File S. 30,657, for Abraham Potter, North Carolina

SERVICE
NUMBER _____
Potter, Abraham or Abram
30,657
CONTENTS

Kentucky - 30731.
Abraham Potter.
of Pike Co. in the State of Kentucky who was a Private in the Campy commanded by Captain Armstrong of the Regt. commanded by Col. Phelps in the Maclin line for 6 months.
Inscribed on the Roll of Kentucky at the rate of 20 Dollars — Cents per annum to commence on the 4th day of March, 1831.
Certificate of Pension issued the 1 st day of July 1836 and forwarded to John John White, N. F. Reps.
Arrears to the 4th of March 1836 — 100.00 Semi-ann. allowance ending 4 th Sept. — 10.00 = 110.00
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by R. B. ... Clerk, Book 62 - Vol. 7 - Page 38. -

Docum No. 28. 726 Francis Potter Declaration — 3 —
Inform the Lord. H. R.
The testimony of Thomas Stewart as satisfactorily understood cannot be taken as he is only 67 years of age, consequently too young in 1777 to have had much knowledge of the applicant's services, see his declaration.
Hon. Jas. Love H. R.

State of Kentucky Pike County ss
On this 26 th day of November 1833. personally appeared before the Justices of the Pike County Court Adiam Potter a resident of Kentucky in the County of Pike aged Eighty Eight years who being duly sworn according to law, doth on his oath make the following declaration in order to apprise the benefit of the provision made by the act of Congr- ss passed June 7 th 1832 that he enlisted in the Army of the United States in the year 1777 under the following named officers and served as herein stated. He first enlisted under Captain John Armstrong of Perry County North Carolina in August and served a tour of two years and six months. The name of the Commander of the Regiment (being the 1 st Regiment) was Major Joseph Philips who I then served under. we joined Genl Greene's Brigade and marched from Perry County to Salisbury in same State from there to Georgetown. There we had a small battle with the Tories and they retreated. From there we ma- rched to Randolph by way of Williamson. There we took four or five prisoners. From there we mar- ched back to Abbot's Creek. There we came in contact again with the Tories and took four more prisoners one of which were a Captain by the name of Philip Callclazier. We again returned in ob- edience to the orders of Genl Campbell to Salisbury there we lay in Port for about a month. From there we went to South Carolina to a place called the Snow Hills Camp. We then marched to a place called the Three Runs upon the road from leading from Charleston there we had an engagement with the British and Tories in which many were killed and taken prisoners then we marched to the Hanging Rock there we had another engagement with the British & Tories in which we succeeded and took their Waggons & their baggage. From there we mar- ched to the Cowpens there we had an engagement

with the British in which we suffered much loss many killed and wounded. Capt Pitt was wounded but did not prove fatal. From thence we marched near Camden where we found Genl Greene's Regiment and there we had an engagement with the British in which many were killed and wounded from thence we marched to a Town about thirty five miles from Charleston upon the waters of the Pedee river after some time we marched to Ringway Mill where we had an engagement with the British in which Genl Gates was defeated also he fled and Col Col. was killed. We again got together at the cross roads and marched to Dan River by way of Salsbury and there I received my discharge from Lieutenant Robert Harper which discharge was Burned. 2 And in the year of 1779 I substituted in the place of David Stewart for eighteen months then I was in the barracks in the Moravian Town under Genl Genl. Martin Armstrong then we marched by W. H. R's Court house up to Bury's Creek House then came back to Dan River Court house then I enlisted Thomas Sartin in my place during the war my Captain's name was John Lewis. & William Lewis was my col. & then returned home. He states that his memory is much shattered and impaired owing to age and he can not recollect positively as to time. He hereby relinquishes every claim whatever to a pension or an annuity except the present and he declares that his name is not on the pension Roll of the agency of any State. Sworn to and subscribed the day and year aforesaid. He and his Potter Mark
And the said Court do hereby declare their opinion that the above named applicant was a revolutionary soldier and served as so stated.
I John D. Minns Clerk of the Court for Pike County do hereby certify that the foregoing contains the original proceedings of this Court in the matter of the application of In Testimony whereof I have hereunto set my hand and seal of office this 26 day of November 1833 attest John D. Minns Clerk Pike County Court

We William Tackett a clergyman residing in the county of Pike and Thomas Stewart  residing in the same hereby certify that we are well acquainted with Abram Potter who has subscribed and sworn to the above de claration that we believe him to be eighty eight years, that he is respected and beloved in the neighborhood where he resides to have been a soldier of the revolution ary and that we concur in that opinion
Sworn and subscribed the day and year afore said
Wm Tackett
Thomas Stewart
And the said Court do hereby declare their opinion after the investigation of the matter and after putting the interro- gatories prescribed by the war department that the above named applicant was a Revolutionary soldier and ser- ved as he states. And the Court further certifies that it appears to them that William Tackett who has sign- ed the preceding certificate is a clergyman residing in the county aforesaid and that Thomas Stewart who has also signed the same is a resident in the same county and is a creditable person and their statement is entitled to credit
I John D Mims Clerk of the Court of Pike County do hereby certify that the foregoing concerns the orig- inal proceedings of the said Court in the matter of the application of Abram Potter for a pension
In Testimony whereof I have here unto set my hand and seal of this office this 26 th day of November 1833 and in the 42 nd year of the Commonwealth
Attest John D Mims Clerk Pike County Court

Questions propounded by the board
1 When and in what year year you were you born
Ans. I was born in Rowan County North Carolina in the year of 1745
2 Have you any record of your age and if so where is it
Ans. I have and it is at Myson John's
3 Where were you living when called into service; where have you lived since the Revolutionary war and where do you know live
Ans. In Surry County & State of North Carolina I have since lived in Kentucky and do now live
4 How were you called into service were you drafted and you volunteer or were you a substitute and if a substitute for whom
Ans. I enlisted under Capt John Armstrong for two years & six months and a substitute for David Shaw under Capt. Joel Lewis for eight months
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 service
Ans. Genl Martin Armstrong Col M c Lewis Major Joseph Winston Capt. Joel Lewis & Lieut. Col. Lewis Lieutenant He stated he enlisted in the year of 1777 and went after the Tories & British and were in engagements, and in 1779 received his discharge which discharge is lost
6 Did you ever receive a discharge from the service and if so by whom was it given
Ans. I received a discharge from John Harper the lieutenant for the first tour the last I did not get any
7 State the names of persons to whom you are known in your present neighborhood and who can testify as to your character for your veracity and their belief of your services as a soldier of the revolution
Ans. William Ramsey Esqr. James Roberts Esqr. William Sackett Esqr. Thomas May Esqr. William Raliff Jr & Thomas Steward

The Testimony of Thomas Stewart taken before me the undersigned a Justice of the peace in and for Pike County and State of Kentucky in relation to the service of Abram Potter an old Revolutionary soldier with on his oath make the following statement, that he is well acquainted with said Abram Potter and has been before he enlisted and served there one year & six months as stated in the declaration, and also knows that he was a Substitute Eighteen months as stated also in the dec- laration aforesaid and did serve under the officers as stated, sworn to before me this 26 th day of November 1833
Simon Justice P.P.
Pike County Kentucky ss
I John D Mims Clerk of the Court for the County aforesaid do hereby certify that Simon Justice whose signature is affixed to the above Testimony is and was at that time an acting Jus- tice of the Peace in and for said County and his official acts ought to be accredited as such and whose attestation is in due form of Law In Testimony whereof I have hereunto set my hand and affixed my seal of office this 28 th day of November 1833 and in the 42 nd year of the Commonwealth Attest John D Mims Clerk Pike County Court

The Deposition of John Moore Taken before the undersigned a Justice of the peace in and for Floyd County Kentucky in relation to the service of Abram Potter and other revolutionary soldiers, doth on his oath make the following statement. That he is well satisfied that he did serve in the Revolutionary war as stated in his affidavit declaration but as to the time he can not say exactly, but he thinks  knows is certain he saw him and heard his name repeatedly called during the term of one month & 13 days until the army was divided, when one part was sent to Carolina and the remainder stayed near Millington Town. He states he is old and to some extent burdened of his memory, but he is perfectly satisfied that he saw Abram Potter and served as stated above and perhaps longer given under my hand this 10 th day of November 1835
Wilson Mayo Justice of the peace of F. & C.
Floyd County Court
Floyd County ss
I do certify that I am acquainted with John Moore who deposed above, and would say that he has no hesitation in saying that he is a man of truth and whose oath is undoubted in a court of justice. Given under my hand this 10 th day of November 1835
Wilson Mayo Justice of the peace for Floyd County
State of Kentucky Floyd County ss.
I Jacob Mayo clerk of the court of Floyd County certify that Wilson Mayo is a magistrate as above, and that the foregoing signatures purporting to be his is genuine. In testimony whereof
I have hereunto affixed my seal of office and subscribed my name this 17 th day of February in the year 1836 Jacob Mayo clerk of the court of Floyd County

Pike County Mo. I Moses Stapp a revolutionary Soldier do certify that from the information that I can obtain from Abram Potter, and from certain occurrences that he has stated to me that I believe he did serve as stated in his declaration and that he ought to draw his pension. Given under my hand this 18 th day of November 1835
Moses his  X Stapp mark

28726
Abraham Potter Heirloom
J
May be admitted agree- ably to act 11 May 1836 to Hon J. White for
Emerson 20
Hon. John White
Hon James Love unr.

WAR DEPARTMENT,
Pension Office,
Sir:
The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in a tabular form. On comparing these papers with the following rules, and the subjjoined 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 Abram Potter
   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.     1779 2 6 P. Col J. Armstrong Col Philips. no col of the name of Philips 88 M.C. Traditionary & one witness.   1779 hired a substitute. not on Roll. See note j.  
I am, respectfully,
Your obedient servant,
JAMES 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) _____ 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, (1) 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 inquiry 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.
□ 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.
[k] This traditional evidence is indispensable in militia cases.
[l] If a witness cannot be found, the declarant must state the fact.
[m] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.

Suspender
Set 11 May '36
Boyle White.

30657 INVALID.
Rev
File No. 30657
Abraham Peter
Lin Rev War
Act: June 1 st 1891
Index:—Vol. 8 , Page 326
[Arrangement of 1870.]

Free
Honbl John White
Member of Congress.
Washington City D.C.

Dear Sir
P. Kelso Ky. June. 8. 36
Mr. Potter will accept of the compromise of six months. provided it will be no barrier of getting an additional allowance provided satisfactory proof can be had that he ought to have pay for a longer service.
We have nothing interesting among us.
Believe me your humble servant Robt. D. Ballou
PS Should you get the claim allowed please enclose to me or Mr. Ramsey Esqr.
R.D.B.