Revolutionary War Pension and Bounty Land Warrant Application File S. 15576, for Nathaniel Powell, North Carolina

SERVICE
NUMBER
N. G.
Powell, Nathaniel
S. 15576
carded
CONTENTS

26577
Kentucky
Nathaniel Powell Logan Co. in the State of Kentucky who was a private in the com manded by Captain Neill of the reg t commanded by Col. Bond in the N. Carolina for 1 year and 9 months
Inscribed on the Roll of Kentucky at the rate of 70 Dollars — Cents per annum. to commence on the 4th day of March, 1831.
Certificate of Pension issued the 21 day of March 1834 and Year 6 Lyons Ky
Arrears to the 4th of March 210 00 Semi-ant. allowance ending Sept 35 00
$245 00
{ Revolutionary Claim, Act June 7, 1832.
Recorded by Saml. Payne Clerk Book C Vol. 7 Page 93

John A. Hickman William Phelps Hiram Holcomb
29. 834
Nathaniel Powell Kentucky
1.00
Mr Lyon of Ky 14. of R

State of Kentucky set Logan County } 3
On this 27 day of November 1833 Came in person before me Sam M Starling a Justice of the peace in for said County Nathaniel Pierce, who being in the 76 th year of his age, and first duly sworn according to law doth on his oath make the following declaration in order to obtain the benefits of the act of Congress passed June 7 th 1832
That in the 1780 in march of that year, he was a citizen of Dash County North Carolina, that in the first of said month, he was drafted for three months as a corporal and served as such in Captain Hill's Com- pany which was arranged to Col John Bonds, Regiment, of Militia that he served out said three months for which he was drafted, and was honorably discharged by a writing which he has lost or mislaid.
That on the day of the expiration of the afore said service he was at the solicitation of his officers induced to volunteer for six months which he did, in the same company & under the same Col, that he acted from the time of his appointment volunteering as afore said, the entire six months as a cor-

poral, in the aforesaid Company, that during this Tour of duty his Regiment marched to Hillsborough, from there to Brier Creek from there to Guilford, and from there to Virginia, where he was discharged from the said tour of six months, having fully served out the same, from which he got a discharge, which he has lost or mislaid
That in the month of November or December he volunteered again in 1780 for three months as a corporal in said Captain Hills Company - out of John Bond's Regiment of Militia, that as a corporal he served said three months, but it being in the winter but few little were the events, that he served said three months entirely through, and was discharged, in the middle of March 1781 by a writing, which he has lost or mis- laid,
That on the last of March he again volunteered for six months, in General Huger's Troop of Horse, that General Daniel William Merrett was the Lieutenant in said Troop of Horse, John Raines the ensign that during this tour or the one preceding the Battle of Guilford was fought, that he acted as a Sergeant in the aforesaid Troop of Horse all the whole tour of six months, that, at the expiration of said six months he was honorably discharged which he has lost That at the expiration of the aforesaid six months he volunteered in said Company

for three months & acted as such a sergeant for the whole time, that during the four of those months the Battle of Lord's Cornwallis was fought, in which this applicant was that he was discharged from the aforesaid term of duty after it had expired, by a writing which he has lost or mislaid, that he has no documentary evidence nor does he know of a living witness by whom he can prove the aforesaid service
He hereby relinquishes all claim whatever to a pension but the present and declares his name is not on the pension role of any agency in the United States, Sworn to & Subscribed the day & year aforesaid
Nathaniel Powell + mark
The applicant states that he was born in 1757 in Surry County N.C. That he has a record of his age which makes him the aforesaid age, That he lived when called into the service in Nash County North Carolina that since the Revolution he moved to Logan County Ky where he now resides That for the threescore months I volunteered was drafted for all the other four of duty I volunteered That I recollect Mich o Long and Wil o Owen Henry Bradford of the regulars, That I was discharged from each term of duty which I have lost or mislaid, I state as persons to whom I am known in my present neighborhood

John W Hickman William Phelps Hiram Malcomb We
citizens of Logan county hereby certify that we are well acquainted with Nathaniel Powell who has subscribed & sworn to the above declaration, that we believe him to be 76 years of age, that he is respected and believed, in the neighborhood where he now resides to have been a soldier or sergeant of the revolution & are of that opinion sworn to & subscribed, the day & year aforesaid
John W Hickman Hiram Malcomb William Phelps
And the said Justices hereby declare it as his opinion after the investigation of the matter and after putting the interrogatories presented by the war department that the above named Nathaniel Powell was a revolutionary soldier or sergeant and served as he stated, and the Justices further certify, that John W Hickman William Phelps & Hiram Malcomb whose names are signed to the preceding certificate was at the time of doing the same resident citizens of Logan County Ky and of credibility and that their statements are entitled to credit, further that a minister of the gospel could not be conveniently had, who could certify for the applicant and that said applicant is unable by reason of bodily infirmity to travel to the Court House of his County
I am M Starling J. P. Logan Ky

State of Kentucky, s. scit I Lewis Sanders. Jr. Secretary of the State aforesaid do hereby certify that Samuel M. Starling, who has signed his name to the foregoing Declaration of Oath and Power is and was at the date thereof an acting Justice of the peace in and for the County of Logan and State aforesaid duly commissioned and qualified as such, and a member of the County Court of said County which is a court of record, and that full faith and credit is due to all his acts as such.
In Testimony whereof I have hereunto set my name, and caused the seal of the said State to be affixed.
Given under my hand at Frankfort this 28 th day of February, in the year of our Lord one thousand eight hundred and thirty four and in the 42 nd year of the Commonwealth.
L. Sanders. Jr. Secretary of State

2 States of Rep.
March 17 th 1834
I have no doubt Mr Powell served as a Sergeant and a Corporal in the state but as it is difficult to procure the proof - Let a certificate issue as a private for the whole time of his service Whitt Lyons

29. 830 Nathaniel Powell Kentucky.
for 1780 per 21 m. $70.
Thos. C. Syms N. R.

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 Nathaniel Powell
   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 3 Capt. Capt Hill Col Bond 76 N. C. Traditionary   " 6 " " "   " 3 " " "   1781 6 Sergt Capt Gen Shelby Lt Merith   " 3 do Comd " "   21  
Unless it can be proved by the testimony of witnesses who had a personal knowledge that of the applicant's service, that he did serve as a Captain's Sergeant, he can only be allowed the $3 am, respectfully, May of a private.
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) , 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
Handwritten scribbles and marks

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 _____; 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] If a witness cannot be found, the declarant must state the fact.
[o] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.

P
15576
INVALID.
File No. 15576
Nathaniel Powell
Pr. B. W. W.
Act: June 7" 32
Index:—Vol. 1 , Page 301
[Arrangement of 1870.]