Revolutionary War Pension and Bounty Land Warrant Application File S. 32454, for Nicholas Brent Porter, Virginia

SERVICE
NUMBER
Pa.
Porter, Nicholas Brent S. 32454 or Nicholas B.
General Wayne
CONTENTS
[Ruled lines for writing]
[Ruled lines for writing]

26799 Indiana
Nicholas H. Porter of Washington in the State of Indiana who was a private in the com commanded by Captain James of the reg t commanded by _____ in the old  new line for 1 year
Inscribed on the Roll of Indiana at the rate of 40 Dollars _____ Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 29 day of May 1834 and Geo. T. ... Carr ...
Arrears to the 4th of March 120.00 Semi-ant. allowance ending Sept 5 20.00 $140.00
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by Sam Boyd Clerk, Book C Vol. 7 Page 124

30. 491 Nicholas B. Porter Indiana
for 1779 p 1779 p 40
Rev John Carr, N. K.
JAMES L. EDWARDS,
Commissioner of Pensions.

WAR DEPARTMENT,
Pension Office.
May 6, 1834
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, shewing the Service of Nicholas B. Porter
   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.     70 Pa Traditions.  
The militia were not in actual service at any one time for a longer period generally than three months. The applicant's claim cannot therefore be allowed as set forth. The amount of actual service claimed as a militia man in 1779 '80 & '81 is much greater than is known to have been performed in that capacity by the vige militia. No allowance can be made for service as a Supt without proof of his having been appointed and of his having actually served as such.
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; 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, deposes 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.

Nicholas Vincent Potter's original declaration for Pension 30.491
Indiana
Carr Fred
11
Hon. John Carr Hon. Rep Sen. Rowland (Salem Ind.)
One Year is taken for the present as a
John Carr
12 weeks

Declaration of Nicholas B. Porter, in order to obtain the benefit of the Act of Congress of June 7 th 1832
State of Indiana } ss In the Washington County Probate Court — Washington County }
On this 16 th day of April 1834 personally appeared in open court, it being a Court of Record, before the Honorable Samuel Pick the Judge thereof, now sitting, Nicholas B. Porter a resident of the said County and State aforesaid aged 70 years on the 10 th of May 1833, 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 7 th 1832. — That he first entered the service of the United States at Stafford County in the State of Virginia when he then resided, on the 12 th day of January 1779 as a private in the militia, under an engagement to serve as a minute man, for no definite period, but as long as his services might be needed, by then and there joining a company under the command of Capt. William Harrison. Immediately after said company was organized, Capt. Harrison was promoted, and the said company was placed under the command of Captain John James, Joseph Combs was Lieutenant, and Henry Clifton was Ensign. — That he marched as a private in said company under the said officers to Alexandria (in what is now the district of Columbia) said company was then attached to a Regiment, the Colonel of which he cannot now recollect, — remained in Alexandria until about the month of May or June 1779, was then ordered to march, and did march with said company under the same officers to the house of William Brent Esq. n near the mouth of Aquia Creek on the Potomac, there had an engagement with the forces under Lord Dunmore in which the house of the said W m Brent Esq. n was burned; this was about the month of June or July 1779, — after that engagement said company was dispersed but collected again in a short time, then marched to Port Tobacco, & then the company was under the command of Col. Dade, — remained at Port Tobacco until some time in November 1779, then marched back with said company to Fredericksburg (Va), then gave up his arms, & was permitted by Col. Posey to return home, but to hold himself in readiness to march at a moments warning. — this was about the 1 st of December 1779, — And this declarant states that he was constantly engaged in actual service upon the tour of duty herein above described not less than ten & a half months. — That in the month of March 1780 at the same place (Stafford County Va) he again entered said service in the same capacity of minute man in the militia in the same company & under the same officers, but for no definite term of time; that he marched with said company to Georgetown on the Rappahannock, and soon after his arrival at that place, he was appointed Serjeant Major by Col. William Brent, and in that capacity he afterwards served, — remained at Georgetown till about the month of August 1780, then marched with a detachment to Norfolk

remained at Norfolk some time, and then marched back to Fredericksburgh (Va) at which place he gave permission, about the 1 st of December 1780, from Fort  Genl Whedon to return home, but to hold himself in readiness to march at a moments warning. This declarant states that he served on this tour of duty not less than one month as a private, and not less than six months as a serjeant major.
That about the first of January 1781 at the same County of Stafford (Va) he was again called into the service with the same company then commanded by James Hoar Capt. George Burrows Lieut. & Henry Clifton Ensign, marched with said company from thence to South Carolina, and then joined the army under Genl. Morgan, was in the battle at the Cowpens, fought during the battle as a private under Col. Washington of the light horse, Col. Washington having furnished him with a horse, in a wound in the arm, and soon after the battle marched to Albemarle Barracks & assisted in guarding the prisoners, and remained there upon that service until some time in the month of October 1781, when the said company was ordered to Yorktown that he marched with said company, and whilst on the way an express met them that Cornwallis & his army had surrendered. He then returned home & was not again called into the service - That he was in actual service in this last mentioned tour of duty from about the 1 st of January 1781 till the latter part of October in the same year, and not less than seven & a half months, and during all that time he served in the capacity of a serjeant major with the exception of the time he served under Col. Washington at the battle of the Cowpens as above stated. - This declarant states that he was in the actual service of the United States, and served during the years 1779, 1780, & 1781 as he has above stated, not less than Eleven & a half months as a private minute man, in the militia, and not less than thirteen & a half months as serjeant major. He further states that he has no documentary evidence, and that he knows of no person whose testimony he can produce who can testify to his service. 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 and subscribed the day and year aforesaid
Nicholas Barent Porter We Thomas Green clergyman residing in Orange County Indiana and in the neighborhood of the above named applicant, and Richard Lovece a resident of the County of Washington  Washington State of Indiana hereby certify, that we are well acquainted with Nicholas B. Porter, who has subscribed and sworn to the above declaration; that we believe him to be 70 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 & year aforesaid
Thomas Green
Richard Lovece
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 Thomas Green who has signed the preceding certificate, is a clergyman resident in the County of Orange, & in the neighborhood of said applicant, and that Richard Lovece who has also signed the same is a resident of the said County of Washington, Indiana, and is a credible person, and that their statement is entitled to credit.

The following are the Interrogatories propounded by the Court to the said Applicant together with his answers thereto as prescribed by the War Department.
1 st Where and in what year were you born?
Ans. I was born in Stafford County, State of Virginia, on the 10 th of May 1763
2 nd Have you any record of your age, and if so, when is it?
Ans. I have no record of my age in my possession, but I suspect there is a record of my age in existence amongst the records of Aquia Church, Horton Parish, in the said County of Stafford —
3 rd When were you living when called into service; when have you lived since the Revolutionary War, and when do you now live?
Ans. When called into service I lived in said County of Stafford, Horton Parish, and after the war I lived in the same Parish with Col. Wm Brent about 5 years, & until his death, then lived in same parish with Dr. Valentine Payton till 1792, then joined a troop of light horse under Genl. Wayne & served as such under Wayne about 3 years, then went to the State of Kentucky, and lived in that State until 1815, when I moved to this County, where I have since resided and still reside —
4 th How were you called into service; were you drafted, did you volunteer, or were you a Substitute? And if a substitute, for whom?
Ans. I was called into service as a militia man, for no definite period of time, but to serve as a minute man whenever required, as I have above stated
5 th State the names of some of the regular officers who were with the troops when you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your service
Ans. I recollect Col. Augustus Wallace, who had the command of the troops when I was at Alexandria as I have stated. I recollect well Col. Wm Brent (he being a Cousin to my Mother) I also recollect well Col. Posey, who was afterwards a General in Waynes Army — I also recollect Major Jack Willis, who had the command when I went to Norfolk as I have stated above — I also remember well Genl. Whudon, & also Genl. Morgan who commanded at the battle of the Cowpens, also Col. Washington who furnished me a horse at that battle, & under whom I fought, I do not now recollect any circumstance of importance respecting my service, more than I have stated in the foregoing declaration —
6 th Did you ever receive a discharge from the service, and if so, by whom was it given, and what has become of it?
Ans. I never received any discharge from the service, nor did any who belonged to the same company I did, receive a discharge — I however received an appointment from Col. Wm Brent as Serjeant Major, and acted as such as I have stated, but said appointment was not in writing nor was it customary to make such appointments in writing
7 th 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 Revolutionary Soldier —
Ans. In the neighborhood where I now reside, H. W. Hackett, Joseph Bates, Major Samuel Hays, Uriah Glover, Richard Lovelace, Wm Coakley & Thomas Green Clergyman, James Hamersly, Aaron Walker I would also refer to the following persons (if living) residing in Washington City & in Virginia, to wit, Daniel C. Brent, Richard Brent, Robert Brent, Col. John Cook, Col. George Mason, Col. Thompson Mason, Col. Bailey Washington, Col. Enoch Mason, Fanny Daniel, Doctor Valentine Payton, Rowsey Payton, John Fox, Nathaniel Fox, Wm Wallace, John Munkure, Col. Wm Garrett, Col. Bargys Ball

State of Indiana Washington County
I W m H. Carter clerk of the probate Court of said County do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Nicholas Brent Porter for a pension
In testimony whereof I have hereunto set my hand and seal of office this 16 th day of April 1834
W m H. Carter clerk
Nicholas Brent Porter's original declaration for Pension 30.490
Indiana
Carr filed
11
One Year is taken for the present as a for work
Hon. John Carr Non Res New Rowland (Salem Ind.)

32 45 H Pay INVALID.
File No. 32, 45 H
Nicholas B. Porter
Rev. Rev. Rev.
Act: James  for  32-1
Index:—Vol. 2 , Page 326
[Arrangement of 1870.]