Revolutionary War Pension and Bounty Land Warrant Application File S. 32415, for Willibe Nichols, North Carolina

SERVICE
NUMBER
N.C. Iva
Nichols, Willibe
S 32 415
Born in N.C.
CONTENTS
[Blank lined area for notes]
[Blank lined area for notes]

Indiana 22103
Willibe Nichols of Carroll in the State of Indiana who was a Serjt Major in the com d by Captain William of the reg t com d by Col Doshier in the Virginia line for 7 months & 19 days S th Carolina 3 " " Private 3 " " Sergeant
Inscribed on the Roll of Indiana at the rate of 38 Dollars 33 Cents per annum, to commence on the 14th day of March, 1831.
Certificate of Pension issued the 3 day of October 1833 and Thomas R. Brown Lafayette
Arrears to the 14th of Sep t 93.80 Rem d ant. allowance ending 4 March 19 16 $114 98
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by Dan l Boyd Clerk, Book 8 Vol. 7 Page 122
Letter to Pen Agent of 3 d Auditor 30 May 1839
Letter to S d 6 Sep r 3 d Auditor Nov 1839
Paid at the Treasury under the Act of the 6 th April 1838 from 4 Sep r 1838 to 4 March 1839. Agt s Notification 7 Jan y 1840

Declaration of Willibe Nichols in order to obtain the benefit of the act of Congress of the 7th. of June 1832 -
State of Indiana
Carroll County
On this 12th. day of August in the year eighteen hundred and thirty three, personally appeared in open court before the Hon John Carey - Probate Judge for said county of Carroll, being a Court of Record according to the laws & constitution of Indiana Willibe Nichols, a resident of the said county of Carroll, who being first duly sworn according to law, dott. on his oath, make the following declaration, in order to obtain the benefit of the act of Congress passed June the 7th. 1832 - That he the said Willibe Nichols was born in Pascatank County in the state of North Carolina on the 20th. day of December in the year 1762 - That he has a record of his age in his family bible which is extracted from the family bible of his father and in the handwriting of his said father - That in the month of July in the year 1780 he entered into the service of the United States as a volunteer in his native county of Pascatank in a company command- ed by Captain Henry Farbuth, in the battalion under Major McIntosh upon whom the command of the regiment devolved on account of the sickness of the Colonel, whose name is not now recollectea by deponent, and that said regiment belonged to the division or brigade commanded by General Aslington - That he, with his company were mar- ched out of the state of North Carolina into the border of South Carolina and thence onto the Pedee river, where he continued about three months. That he was thence marched back into Pascatank county where he received his regular discharge having continued in the service of his country exactly five months - He was engaged in

in various skirmishes at divers times, tho' there was no general engagement worthy of record - He recollects of hearing of the defeat at Bampton about four weeks after his entering the service and while skirmishing upon the borders of the two States - He also distinctly recollects the names of several of his fellow soldiers in the campaign of Harrow Sawyer, of John Kennedy, Cornelius Lambote that afterwards, to wit, in the month of March 1861 next ensuing the above service, he again entered the service of the United States in Norfolk County in the State of Virginia, as a substitute for a certain Joel Sawyer in a company commanded by Captain Rufus Williams in Maj. Davis' battalion belonging to Col. Doshier's under General Isaac Gregory's command regiment. That he served in said company as a sergeant for the space of three months and then received his regular discharge in the month of June - That at this time he was engaged in the defence of the borders of Virginia and North Carolina having been marched from Norfolk County, to which place he was returned where he received his regular discharge - Peter M Daniel, Thomas Leek, Jonathan Williams, John Cartwright, John Wood, James Jackson &c were among his fellow soldiers -
That in the last of August  July after the said service he again entered the service of the United States in the same county of Norfolk in the State of Virginia as a substitute for a certain John Wood in Captain Doshier's company in the regiment commanded by Col. Doshier & belonging to the command of Genl. Isaac Gregory. Was engaged in the defence of the borders of North Carolina and Virginia had various skirmishes, tho' not worthy of particular mention or record - at this last entering of the service it was for three months, as a substitute for said Wood, but only served two of them on account of the termination of the war and restoration of peace after the battle at York Town - And that he was marched * Willie Etheredge, William Evans, Asa Kelley, William Kennedy & fellow soldiers -

back into Norfolk county where he received his regular discharge on or about the 1st of November 1781 - Deponent further states that these three several discharges have all been lost, or mislaid not discerning them at the time of sufficient value for preservation and as he has long since removed from the scene of his nativity and former friendships, he is unable to procure any documentary evidence whatever, nor is he at this advanced age acquainted with any person whose testimony he can procure to prove his service - Deponent further states that all his discharges were signed by and delivered to him by his respective Captains above named - That he was not employed in any civil pursuit during his said term of service or thereafter - That at the end of the war - at the close of the war - deponent removed from Pasquotank to Davison county in North Carolina where he resided eleven years - from Davison county he removed to the Tennessee near Knoxville in Knox county where he resided three years - from thence he removed to Carroll county in the state of Indiana in the month of December 1829 where he has since that time resided and still continues to reside - He is acquainted with Samuel Ellis, Roy, H. Shaw, Thomas Giffen, William Giffen, Daniel Baum, Thomas Sterling & Co. who can testify to his eligibility & their belief in his uprightness. Hereby he 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 - Sworn to & subscribed the day & year aforesaid -
D. F. Vandevelde Clk.
Will be Richard
We James Crawford a clergyman residing in Carroll County Indiana, and Samuel Milroy & Thos Chase — residing in the same county hereby certify that we are well acquainted with William Nichol, who has subscribed and sworn to the above certificate that we believe him to be 72 years of age — that he is reputed and believed in the neighborhood where he resides to have been a soldier of the Revolution and to have served as he states and we fully concur in that opinion — aforesaid James Crawford Sworn & subscribed this day 1 year aforesaid D. F. Vanacurter Clk. Sam. Milroy Th. Chase

And the said Court do hereby declare their opinion, after the investigation of the matter, and putting the interrogatories prescribed by the War Department, that the said Willibie Nichols was a Revolutionary Soldier and served as he states, and the Court further certifies that it appears to them that James Crawford, who has signed the preceding certificate, is a blue-eyed man resident in said county of Carroll and that Samuel Wilroy & Thos. Chase — who have also signed the same are residents of said county, highly respectable & credible persons and that their statement is entitled to full credence.
John Carey Probate Judge for Carroll County Indiana.
26. 734.
State of Indiana Carroll County
I, Daniel F. Vandervort, Clerk of the Probate Court for Carroll County in the State of Indiana do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Willibie Nichols for a pension.
In testimony whereof I have hereunto set my hand and seal of office the 12th day of August 1833 —
Daniel F. Vandervort Clk.

26.734
Willie Nichols Carroll Co. Indiana
for 1780 prints & Sept 10 mts.
  Pa. 7 m. —  $ 23.33    Aug 3 ~  15.00         $ 38.33  
  19 16    5       95.80  
Thos B. Brown Lafayette, Inde

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. 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, showing the Service of William Nichols
   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.     1780 5 P r Capt. Farbush Major McIntosh 72 N. E. Traditions   1781 3 Sgt. Capt. Williams Col. Boshier va   " 2 P r Capt. Boshier Col. Boshier  
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 days and year aforesaid.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that A. B. who has signed the preceding certificate is a clergyman, resident in the _____ and that C. D., who has also signed the same is a resident in the _____ and is a credible person, and that their statement is entitled to credit.
I, _____ Clerk of the Court of _____ do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of _____ for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this _____ day of _____ &c.
Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction.
If such surviving witness cannot be found, the applicant will so state in his declaration, (l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his

alleged service, as they are known at the Department. A very full account of the services of each person will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.
The Court will propound the following ( m ) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.
 1. Where and in what year were you born?  2. Have you any record of your age, and if so, where is it?  3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?  4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom?  5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services.  6. { To a Soldier. { Did you ever receive a discharge from the service, and if so, by whom was it given, and what has become of it? { To an Officer. { Did you ever receive a commission, and if so, by whom was it signed, and what has become of it?  7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution. 
The Court will see that the answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant.
The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons—one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion. If one of these persons is a Clergyman, the Court will so certify, and they will also certify to the character and standing of other persons giving such certificates.
The traditional evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party. And the Courts are requested to be very particular in the 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 here 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.

32 H 15 INVALID.
Rev
Rev
File No. 32, H 15
Willie Nichols
Sergt Rev War
Act: June 1 st 82
Index: —Vol. 9 , Page 298
[Arrangement of 1870.]

TREASURY DEPARTMENT,
Second Comptroller's Office,
Dec. 30 th , 1839.
Sir:
Under the act of the 6th of April, 1838, entitled "An act directing the transfer of money remaining unclaimed by certain Pensioners, and authorizing the payment of the same at the Treasury of the United States," Willibe Nichols, ————— a Pensioner on the Roll of the Madison, Ind. Agency, at the rate of thirty eight Dollars and thirty three Cents per annum, under the law of the 17 th June 1832, has been paid at this Department, from the 4 th of Sept. 1838, to the 4 th March 1839.
Respectfully, yours,
Alison Parris Comptroller.
To the Commissioner of Pensions,
Present.

Aug 26
Ms. A. 9.2.1
Ms. A. 9.2.14
FREE
To James L. Edwards Esq Pension Office Washington City

Lafayette, Ia. August 14th '33
James L. Edwards Esq.
I take the liberty of enclosing to you the application of a very worthy old man for a Pension under the last act of Congress. He can furnish no other than his own testimony, as is the case generally with applicants from our new states. Genl Milroy, who testifies to his credibility, states to me that there is not a more deserving man in the country from his general character for probity, industry & correctness. If the single testimony of any individual whatever entitles him to a pension, I trust the present will be that case, and if this application meets with a favorable reception, you (or the clerk who examines the papers) will find he is entitled to six months allowance as a private & three months as a sergeant. I trust your department will be liberal in the construction of your rules to all such revolutionary soldiers as reside in the new states, as they are necessarily excluded from that evidence which can always be obtained by those residing in the land of their services.
Very respectfully Yours
Thomas B. Brown