Revolutionary War Pension and Bounty Land Warrant Application File S. 1573, for Thomas Nevil, Virginia

SERVICE
NUMBER
Va.
Nevil, Thomas
S. 1573.
carded.
CONTENTS

West Tennessee 22.181
Thomas Nevill
Rutherford in the State of Tennessee who was a private in the company commanded by Captain Garland of the regt commanded by Col in the Brig d Bde for 8 months from 1781
Inscribed on the Roll of W. Tennessee at the rate of 26 Dollars 66 Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 16 day of Oct. 1833 and sent to William Brady, Muskeeborough
Arrears to the 4th of Sep 33 $ 66.66 Semi-ant. allowance ending 4th Mar 34 13.13
$ 80.00
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by Wm Allison Clerk, Book 8 Vol. 3 Page 90

Tho! Nevil
20029

Declaration, in order to obtain the benefit of the Act of Congress passed 7 th day of June 1832
State of Tennessee } Rutherford County }
County Court Nov: 8 th Nov, 1832
On this 18 th day of November 1832 personally appeared in open Court before the undersigned Warner D. Bowen and H. D. Lemmon Esquires Justices holding said Court, Thomas Nevil aged 71 years a resident of said County and State, 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 7 th June 1832 — That he entered the Service of the United States in the year in the County of Amherst State of Virginia as a drafted Militia man under Capt. Wm. Garland and rendezvoused at the Barracks in the County of Albemarle. It was in the Winter of 1781 that declarant joined the Service, and the duty of said Corps was to guard the prisoners, that had been taken at York, in the defeat and capture of Lord Cornwallis. Declarant was in the Seventeenth Year of his age when he entered the Service — Declarant remained under the command of Capt. then promoted Col. Garland for some some months, but how long he cannot state with certainty — and he was later sick, and was furloughed and returned home in the Spring of the year 1782 — In the Fall of the year 1782 in the County of Amherst State of Virginia declarant was again called out and joined a detachment under the command of Capt. James Matthews and rendezvoused at one Thomas Hobbs in the County of Amherst, and declarant was ordered with the rest of the company to go out in the direction of Buford's Creek, and down there to said Hobbs — The Buford's Creek where collected were for the use of the prisoners in Albemarle and for the Garrison at Irvine's Old Stone in Albemarle. In marching through the Country in search of Buford's Creek the Corps was confined to the County of Amherst, and did not penetrate beyond the limits of the County — Declarant believes that it was in November 1781 that he joined the Service to guard the prisoners in Albemarle, and he was furloughed in the Spring of the Year 1782 and he believes that he was on the Service four or five months or more; and on his second tour of duty under Capt. Matthews he cannot say what length of time he was in Service, tho' he believes it was a full tour of duty on said Service — Declarant has lost his discharge or furlough and he knows of no other new living by which he can prove his said Service, and he has no document in his possession or record to aid his memory or show that he has performed the Service above stated — Declarant is now in the seventy first year of his age — and he had

a register of his age, but it has been torn out of his Father's Bible and lost. Declarant was born in the born in the County of Amherst and remained there after the war until he removed to Tennessean Rutherford County where he now resides — Declarant states that when he was in service there were no other troops than Militia — He does not recollect of seeing any officers or soldiers of the regular Army while he was on duty — Declarant would state, that he is acquainted in his neighborhood with Col William W Seay, Gen John McGraw, Sen S Reed, & c. — Declarant believes that he was in service more than 3 months. 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
J. B. Baughlin, Clk.
Thomas F. Irvine mark
We, Baxter H. Ragsdale a clergyman, residing in the neighborhood and Walter Keable residing in the same, hereby certify, that we are well acquainted with Thomas Irvine who has sworn to and subscribed the above declaration; that we believe him to be 71 years of age; that he is respected and believed, in the neighborhood where he resides, to have been a soldier of the Revolution and that we concur in that opinion.
Sworn to and subscribed the day and year aforesaid
J. B. Baughlin, Clk.
B. H. Ragsdale
W. Keable
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 Baxter H. Ragsdale who has signed the preceding certificate is a clergyman residing in the neighborhood.

and that Walter Hubble who has also signed the same is resident in the same neighborhood, and that both are credible persons, and that their statements is entitled to credit
Given under our hands in open Court this 18 th day of Nov: 1832
W. D. Garrison
V. D. Bowman
Thos. Warrick
I John R. Laughlin Clerk of said Court do hereby certify that the foregoing contains the original proceedings of the said Court in the matter, of the application of Thomas Warrick for a pension
In testimony whereof I have hereunto set my hand and affixed my seal of Office the day and year aforesaid at Mansfield Tenn
John R. Laughlin, Clerk.
State of Tennessee Rutherford County
Personally appeared before me, the undersigned justice of the peace for said County and State Thomas Warrick, 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 period mentioned below, and in the following grades. For five months as a private soldier under Capt. Garland to guard the prisoners &c; and for three months a private under the command of Capt. James Matthews in Spottsylvania  Richmond County Virginia.

and for this service I claim a pension
Given to and subscribed this 10th day of August 1833 Henry D. Garrison D.P. Thomas + Nevil mark
State of Tennessee I John R. Laughlin Clerk of the Rutherford County Court of Pleas and Quarter Sessions of said County, do certify that Henry D. Garrison Esq. before whom Thomas Nevil made the above affidavit is an acting Justice of the peace for said County, and that his official acts are entitled to full faith and Credit.
In testimony whereof I have hereunto set my hand and affixed the seal of said Court at office in Murfreesborough this 10th day of August A.D. 1833 J. R. Laughlin, Clerk
Spec. Memo 200000

20029.
Thomas Nevil, of Rutherford County, Tennessee.
Writ.
for 1781 print. 8 mths.
$26. \frac{66}{133}
W m Brady, Agent Knoxborough, Ten- nessee.

BRIEF in the case of Thomas Nevil,  County of Rutherford, in the State of Tennessee.  (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge? A Court.  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?  3. How old is he? 71 years.  4. State his service, as directed in the form annexed. 
   Period. Duration of Service. Rank. Names of General and Field Officers under whom he served.   Years, Months, Days.     Drafted In 1781. Some months As a pr. Gen. Capt. Ned Garland.   Called in 1782. Four months, or more. " Capt. James Mathews.  
 5. In what battles was he engaged? None.  6. Where did he reside when he entered the service? Amherst County, Va.  7. Is his statement supported by living witnesses, by documentary proof, by traditionary evidence, by incidental evidence, or by the rolls? Traditionary.  8. Are the papers defective as to form or authentication? and if so, in what respect? Correct. 
I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
W. R. Turner, Examining Clerk.

Rho Mar.
1573. ✓ INVALID.
1910, March 6: History to Mrs Frank Fomlinson. myr.
File No. 1573 Thomas Neville Rev. Va. Min.
Act: June 7 1882.
Index:—Vol. a , Page 272
[Arrangement of 1870.]

PINE BLUFF, ARK.
Feb. 25, 1915.
Commissioner of Pensions, Washington, D.C., H
Dear Sir; -
Will you please have sent to me the pension record of Thomas Neville of Tenn. who received a pension in 1835 for Revolutionary service in Virginia. 2
Richard Jackman of Virginia made application for a bounty of land for Rev. services. In what department are these records kept? 2
Thanking you for your fast favors and in advance for this needed information I am,
Yours respectfully, Mrs. Frank Tomlinson, Box 584, Pine Bluff Ark.

DEPARTMENT OF THE INTERIOR,
BUREAU OF PENSIONS.
Washington, D. C., _____, 19_____
In reply to your request of _____, received _____ for a statement of the military history of Thomas Newil a soldier of the REVOLUTIONARY WAR, you will find below the desired information as contained in his (or his widow's) application for pen- sion on file in this Bureau. S. 1573.
   DATES OF ENLISTMENT OR APPOINTMENT. LENGTH OF SERVICE. RANK. OFFICERS UNDER WHOM SERVICE WAS RENDERED. STATE.   CAPTAIN. COLONEL.     Nov. 1781. 5 mos. Pvt. Ned Garland. Va.   Feb. 1782. 3 mos. James Matthews.        
Battles engaged in, None stated.
Residence of soldier at enlistment, Amherst Co. Va.
Date of application for pension, Nov. 18, 1832. His claim was allowed.
Residence at date of application, Rutherford Co. Tenn.
Age at date of application, 70 years. Born in Amherst Co. Va.
Remarks: No family data.
Respectfully,
Commissioner.
In his 71st year.

BRIEF objections to the admission of Pension Claims , of which those answered in the negative, in red ink, will apply to the claim of Thomas Nevil , which require further proof or explanation.
I. Does the declaration show where the applicant resides? II. Did the declarant make the declaration in the county where he resides? III. If the applicant did not make the declaration in the county where he resides, is there any reason assigned for his not doing so? IV. Has the declarant mentioned the period or periods of the war when he served? V. * Has he mentioned 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? No. VI. Has he given the names of the officers under whom he served, in conformity with the regulations? VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832? VIII. Has the Court given their opinion? IX. Has the Clerk given his certificate? X. Is the Clerk's seal affixed? And if so, has it a device or inscription by which it can be distinguished from any other seal?

XI. Has the applicant obtained the evidence of a clergyman and another respectable citizen as to their belief respecting his age and the general belief in his neighborhood relative to his revolutionary service? XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it? XIII. If the applicant has no documentary evidence, and has not obtained the testimony of at least one living witness, has he stated in his declaration that such proof cannot be had? XIV. †If the applicant's name is not found on the rolls of military service, has he produced a witness or witnesses as to his service? If he has produced direct proof as to service, has the magistrate who administered the oath, certified to the credibility of the witness or witnesses? Has the proper officer certified to the official character and signature of the magistrate as the regulations direct? XV. Does it appear from any of the papers that the witness was in such a situation, or of such an age, as to have a personal knowledge of the applicant's service? XVI. ‡Are the papers authenticated as the regulations direct? XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered?
 EXPLANATORY NOTES.
* QUERE V. 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 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 shewn 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.
QUERE XIV. Proof of Service.
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 claimants 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.
QUERE XVI. 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 paper 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.
In every case where the clerk of the court, or other certifying officer, 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.