Revolutionary War Pension and Bounty Land Warrant Application File S. 1703, for Nathaniel Milton, North Carolina

SERVICE.
NUMBER
N. 6.
Milton, Nathaniel
S. 1703
carded.
CONTENTS

22010 East Tennessee
David Milton Morgante in the State of Tennessee, who was a private in the company commanded by Captain Golston of the 20th Regt. commanded by Col. Hiler in the Maury line for 20 weeks
Inscribed on the Roll of East Tennessee at the rate of 66 Dollars 66 Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 26 day of Sept. 1833 and A. G. Smith Livingston
Arrears to the 1st of Sept 1833 2 Semi-ant. allowance ending 4 March 36.66
$219.98
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by David Boyd Clerk, Book 6 Vol. 7 Page 52

7433.

State of Tennessee & Circuit Court Morgan County
on this 3 rd day of September personally appeared before Edm Scott the Court Circuit of the County and State aforesaid Nathaniel Milton age sixty three years 7 th April next, a resident of the County of Morgan & State of Tennessee, who being first duly sworn according to law, doth, on his oath, make the following declaration, in order to obtain the benefit of the act of Congress passed June 7 th 1832. That he entered the service of the United States under the following named officers and served as herein stated, served as volunteer under, General Green, Col. Lillard Christian named not recollecting, Capt. Ash. & Lieutenant Robert Patterson, that he rem- ained in the service about twenty months entered the service in October 1779 left the service in 1781 that he was in one engagement in Randolph County North Carolina, on the waters of Deep River the aforesaid officer commanding; resided in Cumberland County North Carolina when he entered the service, that he was a volunteer, marched from Spatham County into Cumberland Co., thence to Shiloh Hill, then to George Town then to Drunings brook at Neffs bridge, where they had a slight engagement, thence up to Croft

back to bds bunk, Cumberland County there are on different scouting parties that Col Thomas Armstrong also comm- anded, that he has no documentary evidence now in his power and that he knows of no person whose testimony he can procure who can testify to his service, He hereby relinquishes every claim whatever to a pension except the present and declares that his name is not on the pension roll of the army of any State sworn to and subscribed the day and year aforesaid
Sworn to in open court 5 Sept 1832 James W. Lea Clerk Nathaniel Mutton his mark
We Jephtha Dimean, formerly acting justice for said County and Andrew Pridit residing in the said County of Morgan & State aforesaid hereby certify, that we are well ac- quainted with Nathaniel Mutton who has subscribed and sworn to the above declaration that we believe him to be about seventy three years of age; that he is respected and beloved in the neighbourhood where he resides to have been a soldier of the revolution and we concur in that opinion sworn and subscribed the day and year aforesaid Sworn to in open court 5 Sept 1832 James W. Lea Clerk Andrew Pridit his mark Jephtha Dimean

And the said Court do hereby declare their opinion after the investigation of the matter and after putting the interrogatories prescribed by the War- rantment that the above named applicant was a revolutionary soldier. And the Court further certify that it appears to them that Joseph Dineen who has signed the preceding Certificate was formerly and acting justice of the peace for the County of on said now residing resident in the County of on said and Andrew  Charles Pratt who has signed the same is a resident in the County of on said and is a credible person and that their statement is entitled to credit
Elmer one of the Judges of the Circuit Court of Law and Equity in the State of Tennessee
I James M. Lea Clerk of the Circuit Court of the County of Morgan do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Nathaniel Milton for a pension. In testimony whereof I have set my hand and affixed seal of office not having and of office this 4 th day of September 1832.
Seal
James M. Lea Clerk
Direct the certificate to the applicant to Kingston Roane County Tenn
I hereby certify that James M. Lea was Clerk at the time of signing the above of Morgan Circuit Court and there is no doubt of his signature being genuine and there was no seal of office for said Court 22 nd April 1833 James H. Sanders N.C.

74 33.
Nathaniel Milton, Seneca
from 1779 private 20 months
$ 66.66 100
J. Y. Smith Kingston Pa

7433
WAR DEPARTMENT,
Pension Office,
July 10 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 subjoined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will shew what is necessary to be done. These points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus: { ). You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your claim.
A Statement, shewing the Service of Nathaniel Milton
   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.     1779 at 20 Private Col Siteral 73, Traditional   3 Capt Golston N. C.   3   7 Com   12  
The papers were returned in order that the different terms of duty making up the 20 months service might be set forth, as required in note (c). Additional service claimed in the amended declaration will not be allowed.
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 has signed the preceding certificate is a clergyman, resident in the _____ and C. D. residing in (the same) _____, who has
(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 enquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
Applicants unable to appear in Court, by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court.
Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the Peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature.
No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.
[a] The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance.
[b] The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not conforming to the rule.
[c] The age of the claimant must invariably be mentioned.
[d] The declarant must mention the period or periods of the war when he served.
[e] Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had. Every claimant must state, with precision, the length of his service, and the different grades in which he served, in language so definite as to enable the Department to determine to what amount of pension he is entitled. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service; but, according to the best of his recollection, he served not less than the periods mentioned below, and in the following grades:—For _____ year _____ months, and _____ days, I served as a _____. For _____ months and _____ days, I served as a _____; and for such service I claim a pension."
It is important, in all cases, to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months , is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state that they served two years in the militia, &c. without specifying the tours, the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must, in every case, be clearly shown under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
[f] The law makes the relinquishment indispensable.
[g] The opinion of the Court is always required.
[h] The Clerk must give his certificate in every case.
[i] The Clerk must affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he has no public seal of office, the certificate of a Member of Congress, proving the official character and signature of the certifying officer, should accompany the papers.
Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other papers authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
Proof of Service.
[j] In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses who are required to set forth in their affidavits the time of the claimant's entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
[k] The notes from [a] to [j] 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.

Rev. Mass.
1703 ✓ INVALID.
File No. 1703 Nathaniel Milton Ins. N. G. Lins.
Act: June 7, 1892.
Index: — Vol. 2, Page 256
[Arrangement of 1870.]

State of Tennessee } September term of Morgan County } the circuit court for 1833
Personally appeared in open court Nathaniel Mutton & after being duly sworn according to law, makes the follow- ing amendments to his original declaration in order to obtain the benefit of the act last passed for the benefit of the old revolutionary soldiers; that he entered the service of the United States in the State of North Carolina Chatham County under the following officers to wit Captain Nash & Lieutenant Robert Patterson regiment command- ed by General Green applicant volunteered as a private for the term of three months at Chatham Court House, when he was stationed at the barracks that was then kept up at said Court House; applicant was several times sent out on scouting parties had an engagement on a creek about 25 miles from the barracks, applicant was continued three months in the service in this town, after the expiration of this term applicant entered again as a volunteer private under Captain Charles Golson for the term of twelve months in the same County Col. Litle's commanded, applicant performed this last service as a mounted horseman, applicant was again stationed at Chatham Court House, applicant was, marched ten or twelve miles above the Court House, as mounted horse- man, against the British & Tories has a battle

in which seventeen of the enemy was taken & one killed, applicant was then sent with the prisoners to Hillsborough, where he delivered up the prisoners to Governor Burke, applicant re- mained at Hillsborough a few days whilst applicant was at Hillsborough, the enemy attacked the town & succeeded in taking the town applicant & two others made their escape the balance of the army & the citizens of town including the Governor were all taken prisoners, applicant returned to Chatham Court House applicant then went with Col. Linton to the main army ten or twelve miles from Chatham Court on same creek that was then commanded by General Butler, applicant was in an engagement shortly after he got to the main army about 70 of the Americans were killed Col. Linton one of the number, the enemy retreated with prisoners, applicant was ordered by Col. Mayburn & General Butler to assist in taking care of the wounded was ordered in this case for two weeks, applicant served seven months in the town, applicant then volunteered for no certain period, under Capt. John Bose was stationed some time at Chatham Court House, then was marched by General Green to Croft creek, where he remained which was then marched to Cheraw Hills, from thence to Little

Town on P. O. called George Town, Thence back to Croft creek, thence to Sandburg where applicant was stationed about 20 days was then sent to Croft creek under Captain Cose to guard the town, where applicant was stationed the balance of his service during the time applicant was sent out on several scouting parties, one time was sent to Randolph County where he was in an engagement in which some of the Americans were killed and three wounded the next day applicant was taken prisoner, but afterwards made his escape applicant was ten months in the service in this last town that applicant served in all of the towns twenty months with an armed corps called into service by competent authority, that he was all of the time either in the field or stationed at the Barracks as a foray and for the time during which the service was performed, he was not employed in any civil pursuit, and for his services claims a pension
Sworn to in open Court Sept 23 1833
Nathaniel his Milton mark
Robert A. Dabney, Clerk
And the Court do hereby declare their opinion that the above named applicant was a revolutionary soldier, and entitled as he states.
Edw Scott one of the Judges of the Circuit Courts of Law & Equity for the State of Kentucky

I Robert, A. Dabney Clerk of the Circuit Court of Morgan County do hereby certify that the foregoing contains the original proceedings of the said court in the matter of the application of Catherine Norton for a pension, in testimony whereof I have hereunto set my hand and seal of office this 2 o day of September 1833
Robert A. Dabney Clerk

State of Tennessee } County Court April Morgan County } Term 1833
This 16 th day of April 1833 personally appeared in open court Jonathan Mutton before John C. Davis, Daniel S. Lawrence & John Williams who constitute the the court & it being a court of record having a clerk & seal, and after being first duly sworn (makes the following amend- ments to his declaration) deponeth 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 & in the following grades; For one year and six months - applicant served as private volunteer marksman one year of said time & served as a sergeant six months in the war as a mounted horseman in the war Applicant further states that there is no clergyman residing in his near neighbourhood therefore cannot procure one to testify for him applicant was born & raised in Chatham County North Carolina in the year 1760 on the 17 th of April as he was informed by his father applicant has no record of his age. Applicant never received a written discharge from the service, applicant received a commission as sergeant from Col Thomas Armstrong signed by him, which he left at his

Fathers in North Carolina, which has been lost upwards of twenty years, applicant states the names of the following persons citizens & neighbours who would testify as to his character and to his services as a soldier of the revolution to wit, John Williams, an acting Justice of the Peace - Matthias Williams, Andrew Pritchett, & Michael Stinepatten, and for such services applicant claims a pension. Nathaniel Melton his mark
Subscribed & sworn to in open court this 16 th day of April 1833.
Elijah Saunders Clerk By his Deputy Thomas S. Lea
I John Lawson residing in the County of Morgan hereby certify that I was well acquainted with Nathaniel Melton who has subscribed and sworn to the above order as to his services in the service of the United States under Captain Mark in North Carolina but does not know when he left the service nor the regiment or line to which he belonged that said applicant is about 73 years of age that he is reputed and believed in the neighbourhood where he resides to have been a soldier of the revolu- tion and that I concur in that opinion subscribed & sworn to in open court this 16 th day of April 1833 Thomas S. Lea Clerk

I James Buckhannon Past master citizen of the county of Roan residing some 8 or 10 miles from Appomattox, hereby certify that I am well acquainted with Nathaniel Melton who has subscribed & sworn to the above original & amended declaration that I believe him to be about 73 years of age - that he is respected & beloved in the neighbourhood where he resides to have been a soldier of the revolution and that I concur in that opinion. James Buckhannon sworn and subscribed this day and year aforesaid Thomas S. Lee D. Clerk
And the said board 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 board further certifies that it appears to them that John Lawson is a citizen of the county of Roan Morgan and that James Buckhannon is a citizen of Roan county that they are credible persons and that their statement is entitled to credit
John M. Davis John Williams D. L. Spangler
Quorum Court

I Elijah Savander clerk of the county court board of Morgan do hereby certify that the foregoing contains the original proceedings of the said board, in the matter of the application of Nathaniel Milton for a pension for testimony whereof, I have hereunto set my hand and seal of office this 16 th day of April 1833
Elijah Savander Clerk by his deputy Thomas R. Lea
7433