Revolutionary War Pension and Bounty Land Warrant Application File S. 30618, for Robert Newton, North Carolina

SERVICE
NUMBER _____
Mr. B.
Newton Robert
S 30618
CONTENTS

19284 Kentucky
Dead. See letters to J. Friklin 4 P. Oct. Nov. 22 d 1826
Robert Newton of Madison Co in the State of Kent who was a ser in the Co commanded by Captain Easton of the 125 th commanded by Col. Polks in the line for 11 months & 26 days
Inscribed on the Roll of Kentucky at the rate of 38 Dollars 88 Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 21 day of Aug t 1833 and South Am t Woodson Madisonville
Arrears to the 4th of March 77.76 Semi-ann. allowance ending Sept r  19.44 $97.20
{ Revolutionary Claim, Act June 7, 1832. }
Recorded by Dan Boyd Clerk Book E Vol. 7 Page 20

No Shurton 3579
About 11 months & 20 days
return

State of Kentucky 3/3 (A)
County of Stephen
On the 10 th day of August 1832 personally ap- peared in open Court before the Justices of the County Court of Stephen County assembled now sitting Robert Patten a resident in the County State of said aged eighty five years who being first duly sworn according to law doth on his oath make the follow- ing 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
He states that he was born on the 11 th day of January 1747 in Bucks County in the State of Pennsylvania & removed to Rockingham County N. Carolina in 1770 th and in September in that year volunteered under Capt James Houston of S th County of the N. Carolina Militia and marched thence under Colo. Thomas Lott of S th County to the Congaree river where they joined Genl Richard of S. Carolina & marched on thirty miles in said State of S. Carolina then besieged by the Tories - before they reached Eutaw where they received intelligence that the Siege had been raised - they then marched in pursuit of the Tories to the head of Reedy river South Carolina where they came up with them & captured a number of them - Capt Houston was then discharged and returned home where he arrived the last day of December 1778.

he received no written discharge - this was called the Brandy Campaign
He states that in January 1776 in the County of Middlesex after he volunteered under Capt Wm Beagging and Colonel Thomas Potts marched thence against the Scotch Fries on Crook creek in N. Carolina when arrived within about ten miles of Crook creek received intelligence that the Fries had been attacked & defeated by Colonel Carraway of N. Carolina, was dis- charged and returned home where he ar- rived 10 th day of March 1776 - he received no written discharge - this was called the Scotch Campaign
He states that about the middle of March 1776 in the County of Middlesex after he again volun- teered under Capt Beagging and Colo. Potts after marching thence thro Salisbury to Crook creek, thence thro Wilmington to Brunswick when he was stationed some time had a skirmish with the remaining parties of the enemy almost every day - the contiguous Block lay at that time off Fort John- son - was discharged and arrived at home in the midst of wheat harvest about the middle of June 1776 - received no written discharge
about the last of June 1776 in the County of Middlesex after he volunteered under Capt Wm Beagging aforesaid & Colo. Ezekiel Potts of South Carolina marched thence to

Conquered Fork on Laurens fork of Pacolet river in S. Carolina. After receiving there some him marched to Prince Fork on the same river and served an many scouts against the Chero- kee Indians — was discharged and arrived at home near the last of July 1776 received no written discharge
* He states that on the 8th day of August 1776 in the County of Mecklenburg as he volun- teered under Capt. Wm Hoagging alongside of Lt. Col. Adam Alexander & Col. John Lipe of 2 d County — marched thence thro Charlotte & crossed the Catawba river, thence to Cape Fork on 2 d river, thence to the Cherokee station aided in killing some Indians in destroying their dwellings was discharged and arrived at home last of October 1776 — this expedition was commanded by General Nathaniel of S. Carolina
He states that in the year 1780 in Mecklenburg aforesaid he was drafted for then served with Capt. Hood of said County — he joined General Sumpter on Fishing Creek — in S. Carolina, marched thence to the Hanging Rock was in the battle at that place on Sunday the 6th day of August 1780 — his Capt. Hood, was wounded in the battle — taken prisoner & soon died shortly after wards — He saw Major Davis at that place After the battle aforesaid he was marched to the Warrenton Meeting House & was discharged near that returned home he does not recollect
* In this tour he acted in the capacity of a Squire & taking shooting for it

the length of this term - but believing it was ten days have expired - he received no written discharge
He states that in the year 1781 in Bucklin- burg County aforesaid he was drafted for three months under Capt John Hosta of 2 d County and marched thence to Charlotte Town there ordered back to attend to the Spring in which service he continued during his term he served principally on picket duty in Carolina & the adjacent Country - he said no written discharge
He states that after the conclusion of the war he continued to reside in Bucklingburg County aforesaid until the year 1799 when he removed to Rutherford Co. N. Carolina, thence removed to the County of Stephen Kentucky where in 1805 where he now resides
He states he has no documentary evidence and knows of no person whose testimony he can prove who can testify to his services
He hereby relinquishing every claim whatever to pension or annuity except the present and declares that his name is not on the pension roll of the Army of any State known to him subscribed his Robert Newton the day & year aforesaid Mark
(B) We James Robison a day witness in the County of Stephen State of Kentucky & John Phillips witness in the same hereby certify that we are

were acquainted with Robert Newton who has subscribed and sworn to the above declaration that we believe him to be eighty five years of age, that he is respected and beloved in the neighborhood where he resides to have been a soldier of the revolution that we concur in that opinion -
Given & subscribed the _____ James Robeson day & year of our Lord one thousand eight hundred and _____ John Phelps

30 618 Racy INVALID.
File No. 30,615
Robert Newton
Dis Res Inv
Act: June 7 th 39 th
Index:—Vol. 2 , Page 296
[ Arrangement of 1870. ]

June 13.
Madisonville Ky May 31, 1871
Free
Ky
Hon James L. Edwards
Commissioner of Pensions Washington D.C.

Madisonville Ky. 30 May, 33
Sir I herewith again return the papers of Robert Newton attached together agreeably to the regulations of the Department which the only amendment I have attempted to make, as the old man is very in firm and resides some distance from Town and we moreover have no County Court until the 2 nd Monday in July. Had a Court been at hand it probably would have been best to have had a new declaration. In order to afford an opportunity of affixing my seal of Office & attaching the papers as required I have here inscribed the entry made in Court which you will readily perceive from the date of my certificate and the former transcript herewith inclosed
I flatter myself that the papers as now prepared will be deemed sufficient. The applicant is an exceedingly worthy individual and would not fear for his credit make a false statement.

on any account
Respectfully I am Woodrow

Robert Newton Kentucky.
for — private 11 mo. 20 days. $38. 88 100 .
Samuel Woodson Madisonville Kent.

WAR DEPARTMENT,
Pension Office,
183
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 Lyman Gay Robert Newton,
   Period when the service was rendered. Duration of the claimant's service. Rank of the claimant. Names and Rank of the Company officers under whom he served. Names and Rank of the General and Field officers. Battles in which the applicant was engaged. Country through which he marched. Place of abode when he entered the service, and age at the present period. Evidence by which the declaration is supported.   Years. Months. Days.     Privat  
I am, respectfully,
Your obedient servant,
J. L. EDWARDS, Commissioner of Pensions.

REGULATIONS UNDER THE ACT OF JUNE 7, 1832.
The following regulations have been adopted:
This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army, and to include under the terms "Continental Line," "State troops," "militia," and "volunteers," all persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, &c. Teamsters, Boatmen, &c. Persons who served on board of Private Armed Vessels are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service.
Four general classes of cases are embraced in this law:
 1. The Regular Troops.  2. The State Troops, Militia, and Volunteers.  3. Persons employed in the Naval service.  4. Indian Spies. 
As rolls of the regular troops in the Revolutionary War exist in this Department, all persons, claiming the benefit of this law as officers, non-commissioned officers, musicians or privates, will in the first instance, make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides. And every Court having by law a seal and Clerk is considered a Court of Record.
DECLARATION,
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
State, Territory, or District of } ss. County of }
On this _____ day of _____ personally appeared (a) before A. B. a resident (b) of _____ in the county of _____ and State, Territory or District of _____ aged (c) _____ years, who being first duly sworn, according to law, doth on his oath make the following declaration, in order to obtain the benefit of the provision made by the act of Congress, passed June 7th, 1832. That he enlisted in the Army of the United States in the year (d) _____, with _____ and served in the _____ (e) regiment of the _____ line, under the following named officers:
[Here set forth the names and rank of the Field and Company Officers; the time he left the service; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers;) the town or county and State in which he resided when he entered the service; the battles, if any, in which he was engaged, and the country through which he marched. [This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.]
He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of _____
Sworn to and subscribed the day and year aforesaid.
A. B.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states.
I _____ of the Court of _____ do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of _____ for a pension.
In testimony whereof I have hereunto set my hand and seal of office (i) this _____ day of _____ &c.
If, on examination of the proper record the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out.
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz:
(k) We, A. B., a Clergyman, residing in the _____ and C. D. residing in (the same) _____ 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 day 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 the 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 , 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.

Kentucky Hopkins County } B
Be it remembered that heretofore to wit, at a Court held for the County aforesaid on the 10 th day of August 1832 the following entry was made in the minutes of said Court (among others) Viz,
Robert Newton a Soldier in the Revolution and applicant for a pension this day pro- duced in Court his declaration under an Act of Congress passed 7 th June 1832 & sub- scribed & made oath to the same and the certificate of James Robson & John Phipps thereunder written was also subscribed & sworn to in open Court whereupon the Court de- liberately declares their opinion after the investi- gation & after putting the interrogatories prescribed by the War Department that the said applicant was a Revolutionary Soldier & served as he states and the Court further certifies that it appears to them that James Robson who signed the certificate above mentioned is a clergyman in the County of Hopkins and that John Phipps who also signed the same is a resident in the same County and is a credible person and that their statement is entitled to credit
I Samuel Woodson clerk to the County Court of Hopkins County aforesaid do hereby certify

That the foregoing is a true transcript of an entry in the Minutes of S c County as the same now running in my Office, I further certify that the paper herunto attached marked A, and the certificate thereon written marked B, is the original declaration mentioned in S c entry as having been subscribed & sworn to by the S c Robert Newton and that the certificate thereunder written marked C, and signed by James Robeson & John Phillips is the original certificate mentioned in said entry as having been subscribed & sworn to by them.
In testimony whereof I have hereunto subscribed my name and affixed the seal of S c County the 11 th day of August 1832 in the 56 th year of the Commonwealth.
Wm: Woodson

Kentucky Hopkins County } B
Be it remembered that heretofore (verbal), at a Court held for the County aforesaid said in the 13 th day of August 1832.
The following entry was made in the minutes of said Court (among others) viz "Robert Newton soldier in the Revolution and applicant for a pension this day pro- duced in Court his declaration under an act of Congress passed 7 th June 1832. and subscribed and made oath to the same - and the certificate of James Robeson and John Phipps thereunder writ- ten was also subscribed and known to be open Court. Whereupon the Court do- hereby declare their opinion after the investigation - and after putting the in- quiries prescribed by the War Depart- ment that the said applicant was a Revolutionary soldier and served as he states and the Court further certifies that in opposition to them that James Robeson who signed the certificate above mentioned is a Clergy- man in the County of Hopkins and that John Phipps who also signed

The same is resident in the same County and is a credible person that there statement is entitled to credit"
Samuel Woodson clerk of the County Court for the County of Hopkins aforesaid do hereby certify that the foregoing is above transcript of an entry in the minutes of said Court at the same now remaining in my Office & further certify that the paper hereto attached marked (A) is the original declaration mentioned in said entry as having been subscribed & sworn to by the S d Robert Newton and that the certificate thereunder written marked (B) and signed by James Robeson & John Phipps is the original certificate men- tioned in said entry as having been subscribed and sworn to by them
In testimony whereof I have hereunto subscribed my name and affixed my seal of Office this 28 th day of May 1823. In the 49 th year of the Com- monwealth
S m Woodson Clerk Hopkins County Ky

Kentucky Hopkins County Ky
Personally appeared before me the undersigned a justice of the peace in and for the County of Hopkins aforesaid Robert Newton of said County who being duly sworn deposed that the by reason of old age and the consequent loss of memory he cannot swear positively as to the precise length of time but according to the best of his recollection he served not less than the period mentioned below in the following grades: For eleven months and twenty days served as a private in the war of the Revolution and for such service to claim a pension.
Said Robert Newton further states on oath in answer to the seventh interrogatory propounded by the Secretary of War, that he is known to James Robson and John Phillips of his present neighborhood and that they can and have testified as to his (the said Newton) character in capacity and their belief of his service as a soldier of the Revolution.
Given under my hand the 1 st day of January 1838. Samuel Norton D.

Honitueley Stephens County Ga
I Samuel Woodrow clerk of the Court for the County of Stephens aforesaid do hereby testify that Samuel Morton Esq whose name is subscribed to the foregoing affidavit of Noah Newton was at the time of subscribing the same and also in a justice of the peace in the said County duly commissioned & quali- fied - and that the foregoing signature purporting to be his is genuine.
In Testimony whereof I have hereunto subscribed my name and affixed my seal of Office the 5 th day of January 1833
S. Wm. Woodrow Stephens County Ga

Nov 18
Prof Newton Kennebunk 19284
Dear Sir E. Edwards Esq Cambridge Mass Mr. Schuyler Esq

Leominster July 11 Nov 1836
Sir,
There has been several attempts to draw the pension of the within named Mrs Newton in the last 12 months. Owing the want of a power to the power of atty. requiring it returned. We can hear from Mr. B. sooner than from Nappie's C o and I hope that you will do me the favour to order the payment of this case
Very respectfully
Yr Obedient
Joseph Ficklin