Revolutionary War Pension and Bounty Land Warrant Application File S. 7309, for Samuel Pharis, North Carolina

SERVICE
Nb
Pharis, Samuel
S 7309
Carded
CONTENTS

North Carolina 6/63
Samuel Pharis
of Cumberland in the State of North Carolina who was a private in the company commanded by Captain Wood of the _____ commanded by _____ in the North Carolina line for 10 months
Inscribed on the Roll of North Carolina at the rate of 33 Dollars 33 Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 12 th day of July '33 and sent R. M. Antyp Fayetteville N.C.
Arrears to the 4th of March '33 - 66.66 Semi-annual allowance ending 4 Sept n - 16.66 2/3 $ 83.32 2/3
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by Wm. Miller Clerk, Book E. Vol. 6 Page 57

Sam & Pharis
21212

State of North Carolina } Court of Pleas and Quarter Cumberland County } Sessions
On this the sixth day of December in the year of our Lord one thousand eight hundred and thirty two personally appeared in open Court before Josiah Evans, Daniel McCormick and Hector Stuart the Presiding justices of said Court (which is a court of records) Samuel Phares a resident of Bladen County 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. That at about the age of 17 years his father John Phares was drafted to serve three months in the militia of the State of North Carolina, that this Declarant agreed to take the place of his father, and on his stead entered into the service under a Captain Joseph Wood and served the term of three months that being the term for which his father the said John was drafted to serve, the year he does not recollect, but remember that it was before the taking of Charleston by the British. That after this time he volunteered in the militia or State troops of North Carolina under Captain Samuel Porter and for three months, and marched from Bladen County on his State to Charleston and was there in the engagement which took place and which resulted in the taking of that place

by the British. that he was there taken prisoner by the British, that he obtained a parole and returned home. That afterwards he volunteered in the service of the United States, under Captain Simon Hadley of the Militia of North Carolina for 3 months and was on scouting expeditions during that time. That after the expiration of said time he entered the service for one month as a substitute in the place of one John Cashwell who was drafted to serve in a Company commanded by Captain William W Daniel - That afterwards he entered the service under the command of Captain William Ellis. That while under the command of Capt. Ellis he spent the most of the time in pursuit of Tories. That subsequently he was placed under the command of Captain Jacob Irwin under whose command he was in a Battle between the Americans and some Tories at Elizabeth in Bladen County, the Tories were commanded by one Hingsby. That afterwards he was engaged in a fight with the Tories at Big Creek in Cumberland County where the Americans were commanded by Captain Ellis. That he does not recollect the year he was in service nor the precise terms for which he at various times volunteered and served.

This Declarant further states that he served during the greater part of the war and as long as it was thought necessary on this part of the Country - This Declarant further states that he had regular dis- charges at the expiration of his terms of service but has lost them and that he has no documentary evidence of his service - he further states that James William Grier and Stephen Hollingsworth are acquainted with the fact that he served in the State troops of this State during the Revolutionary war to whose testimony he begs to refer. he begs also to refer to the affidavit of Laban Tatham hereto annexed He hereby relinquishes every claim whatsoever to a pension or annuity except the present and that he has no right to that he has no right to the pension roll of the agency of any State
Sworn to and subscribed the day and year aforesaid.
His Land Phares Mark

Questions propounded to the applicant by the Court.
Question 1 st . When and in what year were you born?
Answer I was born in Cumberland County January 17/61
Question 2 nd . Have you any record of your age and if so where is it
Answer I have at home.
Question 3 rd were you living when called into the service when have you lived since the Revolutionary war and where do you now live?
Answer I was living in Bladen County & have lived there ever since.
Question 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?
Answer I have answered this Question in my Declaration.
Question 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 service.
Answer I do not remember any others than those stated in my Declaration.
Question 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.
Answer I did but have lost them.

Question 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 soldier of the Revolution
Answer I would refer to William Grace and Stephen Hollingsworth & Horace Evans
W th Williams County We James Grace and Stephen Hollings- worth living in the County of Cumberland do hereby certify that Samuel Phares who has subscribed the foregoing declaration was a soldier in the Revolutionary war that they served with him in Capt Ellis Company for some time. & also that they knew him in the service under Capt Hardy & Capt Johnsons Company. the present time which he served they do not recollect but from their own knowledge & from general reputation they believe that he served as he states.
Sworn to & subscribed in open Court the day & year aforesaid
Test J. M. Diarmio
William his X Grace mark Stephen his X Hollingsworth mark

And the said Court do hereby declare their opinion after Investigation of the matter and after putting the interrogatories prescribed by the War Department that the above named applicant Samuel Pharis
was a revolutionary soldier and served as he states, and the Court further certify that it appears to them that William Grice and Stephen Hollingsworth who have signed the foregoing certificate are residents of the County of Cumberland are credible persons and that their statement is entitled to credit
Josiah Evans J. P. Clerk West Stewart J. P. Clerk D. M. Coomick J. P. Clerk
I Daniel M c Diarmid clerk of the Court of Pleas and Quarter Sessions of Cumberland County do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Simon Pharis for a pension. In testimony whereof I have hereunto set my hand and seal of office this sixth day of the year of our Lord 1832
D. M c Diarmid

Saml. Pharis N. C. No. 21212.
Admit as a private 10 mos $33.33
d. e. k.
R. M c . Intyre Att y at Law Fayetteville N. C

WAR DEPARTMENT,
Pension Office.
apl 20 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 Saml. Pharis
   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.     sub 3 Pri. Capt. Jos. Wood 72 years   vol. 3 " Capt. Saml. Potter Bladen Co. N.C.   " 3 " Capt. L. Hadley Witnesses   sub. 1 " Capt. Wm. McDaniel   - - 10 - " Capt. Wm. Ellis   - - - - " Capt. Inet Irvin  
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 benefit 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 he 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 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.

Rehob
7309 INVALID.
File No. 7309
Samuel Clark
Prin Rev. Rev.
Act: June 7th 1832
Index:—Vol. 10 , Page 295-
[Arrangement of 1870.]

State of North Carolina.
I, Thomas J. Haisom Clerk of the Court of Pleas and Quarter Sessions of Sampson County, do certify that the name and signature of John Wright " " " " " " Esqr which appears to the annexed affidavit of Laban Dato who signed the above Certificate is in the proper hand writing of the said John Wright " " " " " " and that he at that date was an acting Justice of the Peace for said County, duly commissioned and sworn, and that full faith and credit is due to his official acts.
IN TESTIMONY WHEREOF, I have hereunto set my hand
and affixed the County Seal, at Office this 21 st day of December A. D. 183 2 and in the 57 th year of Ameri- can Independence.
Thomas J. Haisom Clerk "

State of N. Carolina } This day Laban Tatom personally Sampson County } appeared before me John Wright One of the Justices assigned to keep the peace in and for said County and maketh oath that he is well acquainted with Samuel Pharis of Bladen County that he knew the said Pharis during the revolutionary War and was in the service with the said Pharis three months under Captain Joseph Wood and Samuel Porter under the command of Genl. Lincoln at Charlestown in the year 1780 and that he left said Pharis at Charles- ton that said Pharis served faithfully as a soldier during that time.
Laban Tatom mark
Sworn to and subscribed before me this 28 th day of Novr. 1832.
J. Wright Sp. Justice I John Wright Justice of the peace as aforesaid hereby Certify that Laban Tatom the witness who has sworn to and subscribed the above affidavit is a creditable witness and that his testimony is entitled to full faith and credit.
J. Wright Sp. Justice

Amended Declaration Sam. Pharis
25
- That this Defendant served during this time of the war as a private soldier -

State of North Carolina Cumberland County S c
Personally appeared before me the undersigned a justice of the Peace in and for the County of Cumberland in the State of North Carolina Samuel Pharis, who being first duly sworn according to law, maketh the following statements in amendment of his Declaration made at the Court of Pleas and Quarter Sessions of said County (at December Term 1832) in order to obtain the benefit of the provision of the act of Congress passed June the 7 th 1832. That by reason of old age and the consequent loss of memory he cannot swear positively as to the precise length of time which he served altogether nor the precise years in which he served, but is confident that he served not less than the periods mentioned below and under the officers herein after mentioned - to wit
That in the year 1778 (or 1779) while residing in Bladen County in this State, he as a substitute for his father John Pharis (who had been drafted to serve three months in a militia Company of Infantry) entered into the service of the United States under Capt. Joseph Wood. That he marched with said Capt. Wood to Charleston in South Carolina and was under the Command of Genl. Lincoln at that place that he remained at Charleston till his term of service expired and that he served during this term three months as a private soldier
That immediately after the expiration of this term he volunteered under Captain Saml. Porter at Charleston in S.C. for three months and was in the Battle which was terminated by the taking of Charleston by the British - that he was then taken prisoner by the British and after a short time permitted to return home under a parole - that Genl. Lincoln was the Commanding officer during this tour - that this Declarant served during this tour of three months as a private soldier

That after returning home to Bladen County in this State he volunteered in a Company of Light horsemen there, under the command of Capt. Simon Hadly and served for the term of three months - That while in this service under Capt. Hadly he was not under any Col. or General that he is aware of. having been all the time upon scouting expeditions against the Tories in Bladen and Cumberland Counties in this State - the year in which this service was rendered this declarant cannot precisely recollect but believes it was in the year 1780 - During this term of 3 months he served as a private
That afterwards he again entered the service as a substitute for John Cashwell who had been drafted to serve one month in a militia Company commanded by Capt. William McDaniel in Bladen County in this State, that he served the full term of one month as a private soldier in Capt. McDaniel's Company. This service he believes was rendered in the year 1780.
That the there was no remarkable circumstance occurred during this term - that it was spent in small skirmishes with Tories - The Company was detached from any Regiment but subject to command of Col. O'Neal
That afterwards he volunteered in said Bladen County in a Company of militia infantry, commanded by Capt. William Ellis, the year he cannot recollect precisely - that he remained under the command of Capt. Ellis for a short time during which he was engaged in pursuing and skirmishing with Tories in Cumberland County
That afterwards he was placed under the command of Capt. Jacob Ivin and was attached to a body of troops under the command of General Brown and Colonel Owen of the North Carolina Militia. that he then marched under General Brown against a body of Tories in Bladen. that the Tories overpowered them and that the Americans were obliged to retreat to some distance beyond the River Neuse in this State. that they soon rallied returned to Bladen and attacked and defeated the Tories at Elizabethtown in this State - That after this he was again placed under the command of Captain Ellis, and marched with him to Cumberland County in this State where they had a fight with the Tories at a Creek called Great or Big Creek. During this term he served three months as a private soldier

This said Declaration states that he at divers times during the war for short periods, served in different Companies, but cannot recollect how long a time — But is certain that he served at least for thirteen months as stated in the foregoing, and for which he claimed a pension —
Sworn to and subscribed before me this the 9 th May A.D 1853 —
Samuel his  Pharis  Pharis Clerk
John W. Neill J.P.
State of North Carolina Cumberland County } in
I Daniel MacDiarmid Clerk of the Court of Pleas and Quarter Sessions of Cumberland County in the State of North Carolina, hereby certify that John W m Neill whose signature appears to the above affidavit is an acting Justice of the Peace of said County and that his signature affixed above is on his proper hand writing and that full faith and credit are due to all his official acts as a Justice of the Peace
In witness whereof I hereunto affix my hand and seal of office this the 9 th day of May in the year of our Lord one thousand eight hundred and thirty three
D M Diarmid (M)