Revolutionary War Pension and Bounty Land Warrant Application File S. 32430, for Joseph Painter, North Carolina

SERVICE
Nb. _____
Painter, Joseph _____
NUMBER
S. 32430 _____
CONTENTS

Illinois 25.946.
Joseph Painter
of Col. Co in the State of Ill who was a P in the Company commanded by Captain Balem of the Regt commanded by Col Balem in the North Carolina line for
1 Yr 4 Mo P $ 53. 33
Inscribed on the Roll of Illinois at the rate of 53 Dollars 33 Cents per annum to commence on the 4th day of March, 1834.
Certificate of Pension issued the 31 st day of Jan and sent to 1834 from J. M. Robinson Sec of War
Arrears to the 4th of Sept 1833 133. 32 3/4 Semi-ant. allowance ending Sept '34 26. 67 1/2 160.00
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by J. S. Sprague Clerk Book C Vol. 8 Page 60-

State of Illinois } In the year of our Lord County of Coles } one thousand eight hundred and thirty three On this 10 th day of October personally appeared in open court before the Honorable W m M c Millson Judge of our Circuit now sitting and constituting said court Joseph Painter a resident of the United States of America in the County of Coles and State of Illinois aged eighty nine (89) years and who being first duly sworn according to law - doth on this oath make the follow- ing declaration in order to obtain the benefit of the act of congress passed June 7 th 1888. That he entered the service of the United States under the following named officers and served as herein stated to wit as a private in General Retherford's Brigade Col Bateman's Regiment and in Capt n William Bateman's Company under Lieu- tenant George Hickman That he does not recollect the day nor month nor year but that he first entered the service as a volunteer in  the year of our Lord one thousand eight hundred and  forty four  in the month of  June  and that he served a private six months then and that he served through the whole of said time When he recd a discharge from Col Bateman which discharge the States was afterwards taken by the Tories when  they  robbed  this  house That he resided in the County of Burke and State of North Carolina when he entered the service was in no engagement during said time Marched through the Northern part of North Carolina thence to South Carolina where he arrived the day after the battle with the Tories & camped the ensuing night between the Towns of Cross creek and Camblin at which place he was discharged as above stated that the next year he

Again volunteered his services as a private for the term of Six Months against the Cherokee Indians under General Rutherford - Col Hugh Purvis and Capt n John Turnbull who was capt n of the Pack horse company - that he marched from Burke County North Carolina (at which place he entered service) through the country bor- dering on the Catawba River & out at the head of said River, thence through the mountains of Tennessee River, thence into the Cherokee Nation, that he was in several skirmishes with the Indians, That he killed two Indians, Just before the arrival at the overhill Towns of the Indians having left the pack horse com- pany at the Valley Towns - That the next sum- mer he again volunteered as a private against the Cherokees from the same State & County as aforesaid under Capt n James Robison and remained about one month in the service and then returned home - That the ensuing summer he again volunteered in Capt n James Robbins horse company against the Cherokees marched through their nation but the Indians having fled was in no engagements remained about one month in the service and then returned home That he again volunteered for a three months term under General Rutherford Col Armstrongs Regiment & from the same County and State aforesaid marched for the Eutaw Springs where he arrived the day after the battle at that place - that he was in the engagement at Ramseys mill on a bank of the little broad River under Capt n Gillispie which occurred a few weeks after the battle of the Eutaw Springs - That the next season which was the last year of the Revolu- tionary war he enlisted in the Continental fac- tory of Rowan County North Carolina that he served there as a cook under Col Davidson for one year

at the expiration of which time he received a discharge which is now discharged that in all his services from the time he commenced or entered the service which was in the year 1777 until he left the same in the year 1783 was two years and seven months of actual service in the rank of a private - He recollects them regular Officers but Gen Patterson and Col Armstrong that he is acquainted with Griffin Tipsonard of this County who can testify to his services as a revolutionary soldier. He is acquainted with John H Smith clergyman and James Reed who can testify to their belief as to his services as a revolutionary soldier that he is a man of unswerving loyalty and good character. That he was born in the State of New Jersey in the year of our Lord one thousand seven hundred forty five the only child of his parents in this Father's family bible. He moved from the State of New Jersey the summer after the war was ended where he lived five years thence to Kentucky where he resided about twenty years thence to the territory of Illinois and now resides in Coles County State of Illinois. He hereby relinquishes every claim 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 and subscribed the day & year aforesaid. Joseph Painter Mark
Griffin Tipsonard being duly sworn according to Law, deposes & says that he was personally acquainted with the above named Applicant for a pension and with (Joseph Painter) that the s d Painter was in the Army as a soldier at the Eutaw Springs & that this Applicant also saw him in the Engagement at Ramouras Mills and he swears to and subscribed the day & year aforesaid. Griffin Tipsonard Mark

We John F Smyth a clergyman residing in the County of Coles & State of Illinois and James Nesbitt residing in (the same) hereby certify that we are well acquainted with Joseph Painter who has subscribed and sworn to the above declaration that we believe him to be eighty nine years of age that he is reputed and believed in the neighborhood where resides to have been a soldier of the Revolution and that we concur in that opinion -
Sworn to and subscribed the day & year aforesaid John F Smyth James Nesbitt
And the said Court do hereby declare their opinion after the investigation of the matter and after and after putting the interrogatories prescribed by the war department that the above named applicant was a revolutionary soldier and served as the states and the court further certify that it appears to them that John F Smyth who has subscribed the preceding certificate is a clergyman resident in the County of Coles and State of Illinois aged that James Nesbitt who has also subscribed the same is a resident in the County of Coles aged is a credible person and their statement is entitled to credit
I James P Jones Clerk of the Circuit Court of Coles County do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Joseph Painter for a pension. In testimony whereof I have hereunto set my hand and private seal there being as yet no seal of office provided this 10 th day of October 1858 James P Jones, Clerk of C.C.
I am personally acquainted with the above named James P Jones & know him to be the Clerk as above stated in his certificate and the same within his attestation thereto is in due form according to the laws of Illinois Dec 1st 1858 J M Robinson atty at law

28. 657. —
Joseph Painter Illinois
Dear Sir —
Adm 1 year & 4 months
   40.00      13.33       53.33    1/40       13.33   
Hon. J. M. Robinson Senator U. S.
Commissioner of Pensions.

WAR DEPARTMENT,
Pension Office,
12 th Decem r 1833.
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 Joseph Painter
   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.     89 years  
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, (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 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.

In reply to your request of _____, received _____ for a statement of the military history of Joseph Painter a soldier of the REVOLUTIONARY WAR, you will find below the desired information as contained in his (or his widow's) application for pen- sion on file in this Bureau.
S. 32430
   DATES OF ENLISTMENT OR APPOINTMENT. LENGTH OF SERVICE. RANK. OFFICERS UNDER WHOM SERVICE WAS RENDERED. STATE.   CAPTAIN. COLONEL.     1777 6 mos. Private William Bateman Bateman N.C.   Next year 6 mos. John Turnbull Hugh Brevard   next summer 1 mo. James Robison Robbinson   Encampment 1 mo. " "   1781 3 mos. Gillifalls Armstrong   1 year Cook Davidson  
Battles engaged in, Rameau's Mill + sk. with Cherokee Indians.
Residence of soldier at enlistment, Burke Co., N.C.
Date of application for pension, Oct. 10, 1833.
Residence at date of application, Coles Co., Ill.
Age at date of application, 1744 in New Jersey.
Remarks: His claim was allowed. No family data.
Respectfully,
Commissioner.

32430 Rev INVALID.
1915 Feby. 18. Hist. to Mrs. E. A. Snively. $
File No. 32430
Joseph Painter
Rev Rev War
Act: June 1 st 1827
Index:—Vol. 9 , Page 815-
[Arrangement of 1870.]

State of North Carolina
Secretary of State's Office
I William Hill Secretary of State in and for the State aforesaid, do certify, that the name of Joseph Painter does not appear on the mus- terrolls of the continental line of this State in the revolutionary war or any other docu- ment in this office affording evidence of service in said line.
Given under my hand this 19 th Dec r 1833.
W. Hill Secy

NY

1230 South 6th St.
Springfield Illinois , Feb. 13, 1915
Hon. G. M. Saltzgaber
Dear Sir:-
Will you please give me the military record of service of Joseph Painter a soldier of the Revolutionary war, who drew his pension in Coles county Illinois? He was from N. Carolina I think.
Thanking you for the information
I am
Sincerely yours
Mrs. E. A. Snively
for Re