Revolutionary War Pension and Bounty Land Warrant Application File S. 9436, for Richard Murphey, North Carolina

SERVICE
NUMBER
N 6
Murphy, Richard or Murphy
S 9436
CONTENTS
barred
[Ruled lines for entry]
[Ruled lines for entry]

Mississippi 22.784
Richard Murphy
of Simpson Co. in the State of Mississippi who was a Private in the Company commanded by Captain H. H. - of the Regt commanded by Col. - in the North Carolina line for
1 Yr Dr of Grady $ 50.00
Inscribed on the Roll of Mississippi at the rate of 50 Dollars per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 13 th day of Dec r and Sept 16 - 133 Chas N. Brown Westville Simpson Co. Miss - Arrears to the 4th of Sept 1833 - 125.00 Semi-ant. allowance ending 4 Oct '34 25.00
$ 150.00
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by J. D. Sprague Clerk, Book E - Vol. 8 Page 72

21633
Richard Murphey Simpson County Mississippi
Return
Adm. 1. year priv of Cavalry
$ 50
Charles H. Brown Westville Simpson County Mississippi

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 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. These 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 Richard Murphy Simpson co. Miss.
   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.     Vol. 1778 1 pr. Capt Dick Lieut — Capt. Kinion Capt. Todd N. Carolina 70 Dupelans county N. Carolina Traditional  
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) _____ 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.
R. Newman

Richard Murphey's Purgatory Declaration 1832
24633

The State of Mississippi Simpson County ss In the Circuit Court 44 October Term 1832
Declaration in order to obtain the benefit of the Act of Congress passed June 7th 1832.
On this the fifteenth day of October in the year of our Lord one thousand eight hundred and thirty two personally appear in open Court before the honorable Edward Turner Presiding Judge of the Circuit Court of said County now holding the term of the Circuit Court of the County of Simpson & State of Mississippi now sitting Richard Murphy a resident of said County aged seventy years who being first duly sworn according to law doth on his oath make the following dec- laration in order to obtain the benefits of the Act of Congress passed June 7th 1832.
That he the said Richard Murphy entered the service of the United States about the year 1778. as a volun- teer siper under Capt William Dickson, and was on a tour of but a few weeks in which he went to Wilmington town About the early part of the year 1781. he joined the light horse company then formed and commanded by Captain Michael Kinion a brother of Gen. Kinion as a volunteer in the said service of the United States that he marched with said company to New River Chase. That shortly afterwards he went out again in said company of light horse then under command of Capt. David Dodd. That he went two trips under Capt Dodd, in the last of which he marched to a place called Rockpit. That during the time he belonged to said light horse company he recollects that Gen. Kinion was shot by the Tories. That he the said Richard Murphy remained in said company at least for the period of one year & he thinks acting a longer time. That during the time that he be- longed to said company he was either out in said service or waiting as a minute man in readiness to go at a minutes warning. That during the said period of one year that he belonged to said company he con- siders himself engaged in the service of the Country.

That during said service he saw Gen. Caswell on his march with his army towards Wilmington to head the British  Series but that he fell in with them at a boat was called the Widow Moore's Creek where a hard battle ensued. That he recollects Gen. Hinton. That he was in no particular engagements during said service but had many conflicts with the Tories. That he left the said service about the close of the Revolutionary war. That he resided in Dupeland County North Carolina when he entered the service, that he entered said service as a volunteer as aforesaid and served during said war at least for the period of one year as aforesaid. That he has no documentary evidence and that he knows of no person whose testimony he can procure who can testify to his service. And that he the said Richard Murphy hereby relinquishes every claim whatever to a pension or annuity except the present and declares that his name is not on the pension roll of the agency of any State of the Union.
Sworn to and subscribed the day and year aforesaid in open court before
Richard Murphy
E. Turner Presiding Judge
We Wilks Honca a clergyman residing in the County of Copiah in the State of Mississippi and James Brooks residing in the said County Simpson & State of Louisiana do hereby certify that we are well acquainted with the said Richard Murphy who has subscribed and sworn to the above declaration that we believe him to be seventy 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 to and subscribed the day and year aforesaid in open court before
E. Turner Presiding Judge. Wilks Honca James Brooks

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 applicant was a revolutionary soldier and served as he states. And the Court further certify that it appears to them that Walter Honea who has signed the preceding certificate is a clergyman residing in the county of Copiah in said State and that James Brooks who has also signed the same is a credible person and that their statement is entitled to credit.
E. Turner Presiding Judge
The The State of Mississippi Simpson County ss
I John R Hubert clerk of the Circuit Court of the County of Simpson and State of Mississippi do hereby certify that the foregoing contains the original proceedings of the said court in the matter of the application of Richard Murphy for a pension.
In testimony whereof I have hereunto set my hand and seal at office this fifteenth day of October in the year of our Lord one thousand eight hundred and thirty two and fifty seventh year of American Independence
John R Hubert clerk

Rev War
9436
INVALID.
File No. 9436
Richard Murphy
Priv. Rev. War
Act: June 7 th 1832
Index:—Vol. 1 , Page 269
[Arrangement of 1870.]

21833
Richard Murpheys Ina Declaration for a Pension
1833
J. H. Brown

The State of Mississippi Circuit Court Simpson County ss At October Term 1852
On this twenty second day of October in the year our Lord one thousand eight hun- dred and thirty three personally appeared afore me the honorable Thomas A. Willis Judge of the Fourth Judicial Circuit of the State aforesaid Richard Murphy a resi- dent of said County aged seventy one 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 pro- vision made by the act of Congress passed June 7th 1832. That he the said Richard Murphy volunteered and entered the army of the United States in the year 1818 as a fiver in the company commanded by Capt William Dickson in Dupeland County North Carolina under Col. James Kinian and served with an embodied corps called into service by com- petent authority for the period of two or more weeks - during which service he recollects marching to Wilmington - That about the early part of the year 1818 he joined a light horse company then formed and commanded by Captain Michael Kinian a brother of Col Kinian's as a volunteer soldier in the army of the United States and served as a private with an embodied corps called into service by competent authority for the period of one year in North Carolina (Dupeland Coun- ty) in the Regiment or corps commanded by Col. James Kinian and marched during said service in said army to Newbern Chapel That he afterwards marched to a place cal- led Rockfish - to Little Cohany where he recollects Owen Neenan was killed by the Indians. That he reason reason of old age

and the consequent loss of memory he cannot recollect the number of the regiment in which he performed said service. That the reason why he did not procure a clergyman in court to testify as to his said reputation as a Revolutionary soldier, &c. is because he did so in his declaration of 15th of October 1832. to which this is supplementary. That he was born in the year 1752 in Stapeland County, North Carolina where he resided resided when he entered said service. That he has no record of his age that he has lived since the Revolutionary in North & South Carolina and in the State of Mississippi where he now resides & has resided near twenty five years. That he entered said service as a volunteer. That that he recollects the names Gen. Caswell and Maj. Norton. That he does not recollect whether he ever received a warrant discharge from said service or not but that if he ever received one it is long since lost. That he is known in his neighbourhood to James Brooks, Jacob to Keen William Napier & Wm. Gatchings and others who can testify as to his character for veracity and their belief as to his services as a soldier of the Revolutionary war. That he has no document, evidence and that he knows of no person who he can procure who can testify to his services and that he the said Richard Murphy hereby relinquishes every claim whatsoever to a pension or annuity except the present and declares that his name is not on the pension roll of the agency of any State of the Union. Sworn to & subscribed in open court the day and year aforesaid
Richard Murphy

And the said Court do hereby declare their opinion after the investigation of the matter and after putting the interrogatories pre- scribed by the War Department that the above named applicant was a revolu- tionary soldier and served as he states &c.
The State of Mississippi Simpson County
I Henry C Bennett Clerk of the Circuit Court of the County of Simpson and State aforesaid do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the appli- cation of Richard Murphy for a pension
In testimony whereof I have here- unto set my hand and seal of office this happily second fifteenth day of October in the year of our Lord one thousand eight hundred & thirty three and fifty eighth Year of American Independence -
Henry C. Bennett Clerk