Revolutionary War Pension and Bounty Land Warrant Application File R. 8036, for Samuel Pearce, Rhode Island

SERVICE
NUMBER
969
Pearce, Samuel
P 8036
N.E. after Rev
CONTENTS
[Handwritten checkmark]

30.744
Samuel Pearce.
W.L.
Hon. E. Deberry

State of North Carolina } Cumberland County }
Superior Court of Law and Equity.
On this 7 th day of May 1834. personally appeared in open court before the Hon ble Henry Seawell one of the Judges of the Superior Courts of Law and Equity for the State aforesaid now sitting - Samuel Pearce a resident of said County. aged seventy two years. who being first duly sworn according to Law. doth on his oath make the following declaration in order to obtain the benefit of an act of Congress. passed June 7 th 1832. That in his sixteenth year. he volunteered in a militia company in the Town of Providence, State of Rhode Island. under the command of Capt Fuller. - the year not recollected and joined the Regiment under the command of Col Mathewson. The regiment to which he was attached performed active duty in protecting the town of Providence for about three months. but during this period had no engagement with the enemy. - having served the term assigned to that portion of the Rhode Island militia to which he belonged - the regiment was relieved - no regular discharge being given. Subsequently to this the period owing to age, infirmity - and the lapse of time he does not recollect. he was again called out. as a member of a volunteer company under the command of Capt Waterman. - in the town of Johnson. and with the Regiment and Colonel aforementioned marched to Bristol - subsequently - joined the Continental Army under the command of Gen Sullivan on the Island of Newport. - and with it proceeded to be in the effort made to expel the enemy from the Town of Newport. which proved abortive in consequence of a misunderstanding with the French Fleet. which having retired to Boston Harbour. compelled the American Army to retreat hastily to the main land. This declarant was engaged in the action that took place. in consequence of an attack of the enemy by land and water upon a small fort. near the water edge. the name of which has escaped his recollection - he was stationed with the artillery on Butts' Hill. the command of his regiment having devolved on Col Whipple - and his company on Capt Eliezer Jenkins of Pawtucket. the above mentioned officers having retired home previously - the fort he recollects to have been commanded by Col Israel Angell a continental officer the third night after the action the American Army made good their retreat.

retreat
to the mainland. After remaining some time at Bristol or Newbern Henry, he does not distinctly recollect which. The Company to which he was attached were permitted to return home, from which he was absent on this tour about three two months. Owing to his age and infirmities this declarant, is unable to recollect either the date of his entering or and dismissal from service, and from his extreme youth at the time of its performance he paid but little attention to those circumstances. This declarant further states that for the space of three years he was liable to be called on at any moment to march to any point for the protection of the Country - and although the beforementioned terms are the only ones - he now recollects - which required a long  time  absence from home - yet he was frequently called upon that nearly the whole of his own labour for that period was lost to his Father's farm.
This declarant further states that he was born in the Town of Johnson State of Rhode Island, in the year 1762. The month he does not recollect. He has no record of his age with him - but believes one to exist in the Hamble Bible - now in Rhode Island. He removed to the State of North Carolina and settled in the town of Fayetteville - where he has since resided - in the 1792. He was never drafted - he served with Continental troops at Bristol and on the Island of New Port. - he does not recollect the number of the Regiment to which he belonged - that no written discharge was ever given him - and he has no documentary evidence to establish his claim. He has learned from his friends in Rhode Island that all his contemporaries - are either dead or removed away who could testify to the fact of his services.
He hereby relinquishes every claim whatsoever 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 this day and
I am well
Henry M. Taylor

The following answers were given to the interrogatories propounded by the Court:
(1 st ) I was born in the Town of Johnson, State of Rhode Island, in the year 1762. (2 d ) A record of my age I believe exists in the family Bible in Rhode Island. (3 d ) I lived in the Town of Johnson State of Rhode Island untill 1792. when I removed to the Town of Fayetteville State of North Carolina where I have since resided. (4 th ) My services were all volunteer - but would have been drafted had I not volunteered. (5 th ) The Regular officers whom I now recollect who were present in the same services with myself were Generals. Sullivan, and Lafayette. Col. Greene, brother of the General, and Col Israel Angell. - the names of the continental Regiments I do not recollect. Col Greene I think commanded the Rhode Island continental Regiment composed of Whites and Blacks. (6 th ) I never received other than a Parol discharge from my several commanding Officers. (7 th ) That the Rev John H. Pearce who is from the same State as myself will testify to the reputation of my having been a Revolutionary soldier - and to my character for veracity - and his with belief of my services as a soldier of the Revolution. and Dr. Benjamin Robinson to his belief in my revolutionary services and to my character for veracity.
We residing in the Town of Fayetteville State aforesaid do hereby certify that we are well acquainted with Samuel Pearce of this Town who has subscribed and sworn to the above declaration - that we believe him to be seventy two years of old. And I John H. Pearce do also certify that he was reputed to have been a Revolutionary soldier in the neighbourhood where he formerly resided. and that I concur in that opinion. and we further certify that he is a man of credit. and veracity.
Sworn to and subscribed this day and date above written Test.
Henry W. Lyon
Henry Robinson John H. Pearce

And the said Court do hereby certify declare their opinion after the investigation of the matter and putting the interrogations prescribed by the War Department. - That the above named applicant was a soldier of the Revolution and served as he states. And the Court further certify that it appears to them that the Rev John H Pearce is a Minister of the Gospel. and Rev Benjamin Robinson who have signed the preceding certificates are residents of this County and Town and are credible persons. and that their statements are entitled to Credit.
Henry G. Lewis Y R P
I Henry H Ayer. Clerk. of the Superior Court of Law in and for the County of Cumberland. do hereby certify that the foregoing contains the original proceedings of said Court in the matter of the declaration of Samuel Pearce. for a Pension.
In testimony whereof I have hereunto set my hand and seal of Office this 9 th day of May 1834.
Ellen M. Ayer eje
Hon. E. Deberry
Hon. E. Deberry
Samuel Pearce J.R.E.
30.744

State of North Carolina
Cumberland County.
The Amended Declaration of Samuel Pearce of the Town of Fayetteville State aforesaid which he desires to be taken and considered as a part and parcel of the Original. Personally appeared before me, the undersigned a Justice of the Peace in and for the County of Cumberland State aforesaid. Samuel Pearce the Declarant, 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 services - but according to the best of his recollection - he served not less than the periods mentioned below, and in the following grades. - For Three months as a volunteer private as stated in the declaration - of which this is a part, and also as a volunteer private - for two months as also stated more at length in his original declaration, and for such service I claim a Pension.
Sworn to & subscribed before me this 24 th May 1834
Samuel Pearce
D. A. Davis J.P.
I Archibald M c Lean Clerk of the Court of Pleas and Quarter Sessions for the County of Cumberland do hereby certify that. Dolphin A. Davis Esq r . is duly sworn and qualified as a Justice of the Peace, in and for said - as appears to us of Record.
In testimony whereof I have hereunto set my hand and Seal of Office this 24 th day of May. 1834.
Arch d M c Lean Jr. Clerk.

J L Edwards Esq r

House of Rep s May 20. 1834
Mr Edwards
Inclosed I send you the amend- -ed declaration of Sam l Pearce of N B which you returned to me some weeks ago Benjamin Robinson and John H Pearce who have certified for him are highly respect- able citizens of Fayetteville
Respectfully
Edm d Sebury

WAR DEPARTMENT,
Pension Office,
May 14-1834
Sir:
The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in a tabular form. On comparing these papers with the following rules, and the subjoined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will shew what is necessary to be done. Those points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus: { ). You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your claim.
A Statement, shewing the Service of Samuel Pearce
   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.     See page 3 - note "E"  
I am, respectfully,
Your obedient servant,
JAMES L. EDWARDS,
Commissioner of Pensions.

REGULATIONS UNDER THE ACT OF JUNE 7, 1832.
The following regulations have been adopted:
This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army, and to include under the terms "Continental Line," "State troops," "militia," and "volunteers," all persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, &c., Teamsters, Boatmen, &c. Persons who served on board of private armed vessels are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service.
Four general classes of cases are embraced in this law:
 1. The Regular Troops.  2. The State Troops, Militia, and Volunteers.  3. Persons employed in the Naval Service.  4. Indian Spies. 
As rolls of the regular troops in the Revolutionary War exist in this Department, all persons claiming the benefit of this law as officers, non-commissioned officers, musicians or privates, will, in the first instance, make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides. And every Court having by law a seal and Clerk is considered a Court of Record.
DECLARATION,
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
State, Territory, or District of } ss. County of } On this _____ day of _____ personally appeared (a) before A. B. a resident (b) of _____ in the county of _____ and State, Territory or District of _____ aged (c) _____ years, who being first duly sworn, according to law, doth on his oath make the following declaration, in order to obtain the benefit of the provision made by the act of Congress, passed June 7th, 1832. That he enlisted in the Army of the United States in the year (d) _____, with _____ and served in the _____ (e) regiment of the _____ line, under the following named officers:
[Here set forth the names and rank of the Field and Company Officers; the time he left the service; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers;) the town or county and State in which he resided when he entered the service: the battles, if any, in which he was engaged, and the country through which he marched. This form is to be used as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.]
He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of _____
Sworn to and subscribed the day and year aforesaid.
A. B.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states.
I _____ of the Court of _____ do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of _____ for a pension.
In testimony whereof, I have hereunto set my hand and seal of office (i) this _____ day of _____ &c.
If, on examination of the proper record, the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out.
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz:
(k) We, A. B., a Clergyman, residing in the _____ and C. D. residing in (the same) _____ hereby certify, that we are well acquainted with _____, who has subscribed and sworn to the above declaration; that we believe him to be _____ years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.
Sworn and subscribed the days and year aforesaid.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that A. B. who has signed the preceding certificate is a clergyman, resident in the _____ and that C. D., who has also signed the same is a resident in the _____ and is a credible person, and that their statement is entitled to credit.
I _____ Clerk of the Court of _____ do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of _____ for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this _____ day of _____ &c.
Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction.
If such surviving witness cannot be found, the applicant will so state in his declaration, (l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his

alleged service, as they are known at the Department. A very full account of the services of each person will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.
The Court will propound the following (m) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.
 1. Where and in what year were you born?  2. Have you any record of your age, and if so, where is it?  3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?  4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom?  5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services.  6. { To a Soldier. { Did you ever receive a discharge from the service, and if so, by whom was it given, and what has become of it? To an Officer. { Did you ever receive a commission, and if so, by whom was it signed, and what has become of it?  7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution. 
The Court will see that the answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant.
The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons—one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion. If one of these persons is a Clergyman, the Court will so certify, and they will also certify to the character and standing of other persons giving such certificates.
The traditional evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party. And the Courts are requested to be very particular in the inquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
Applicants unable to appear in Court, by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court.
Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the Peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature.
No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.
[a] The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance.
[b] The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not conforming to the rule.
[c] The age of the claimant must invariably be mentioned.
[d] The declarant must mention the period or periods of the war when he served.
[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 [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.

Samuel Pearce
MB
Mar 15
8035
Mr.
J. Edwards Esqr.
Commissioner of Pensions
Washington City
D.C.

Haytleville March 1836
Sir I enclose for your consideration the supplemental declaration of Samuel Pearce - The original of which by letter of - date you informed me had been filed in the Pension Office.
With respect
Yours &c
John W. Huske.

Rejected Letter 31-May 1834 to Hon: Ed: Debersey
H.R. 61. m. 10 Burke Mar 7 36

80 36
P. O.
Samuel Pearce
Service: _____
Enlisted: REJECTED _____, 18
Discharged: _____, 18
Application filed: _____, 18
Alleges: _____
Re-enlisted: _____
Attorney: _____
P. O. _____
_____ Recognized. _____ Contract.
_____ Cert. of Dis. Searched for _____, 18

Supplemental Declaration of Sam. Pearce.

State of North Carolina } Court of Pleas and Quarter Sessions Cumberland County } March Term 1806.
on this 9 th day of March 1806. personally appeared in open Court Samuel Pearce a resident of the County and State aforesaid aged seventy three years, and ten months.
who being first duly sworn according to law doth on his oath make the following declaration - supplemental to a declaration heretofore made and now on file in the Pension office at the City of Washington in order to obtain the benefit of the Act of Congress passed June 7 th 1802. This declarant states that in consequence of the discovery of little memoranda among his papers by reference to them his his memory has been in some degree refreshed so as to enable him to speak with more certainty in respect to duty so then at the time he made his former declaration.
This declarant states that in the year 1775 during the hostilities of Great Britain and her revolted Colonies that he served was en- gaged in the removal of Public Stores from Providence R. Island to Johnson a small town four miles distant. that during the year 1776. at or about the time of the declaration of Independence he entered the army as a private under Capt. Muller whose company was attached to the Regiment commanded by Col. John Madsen - that 3 he served about three months under said Muller. - that during the years 1777. 78. & 1778. he was again in service under the Command at different times of Capt. Waterman & Capt. Jenkins - of the same Regiment. that during this tour of duty he was in the battle of Newport in which Gen. Sullivan of the Continental troops commanded. during these years he believes himself to have been 4 actively engaged in the performance of military duty for the space of four months - that during the whole war he was re- peatedly called upon subsequent to this - to perform military duty in protecting the Coasts from the incursions of the enemy but in consequence of the numerous and short leavings of these services he is unable to particularize. very much decayed in memory -
This declarant further states that after the most diligent enqui- ries amongst his friends in Rhode Island. he finds that every individual whom he has been able to recollect is either dead

or removed to parts unknown - Thus this declarant has therefore been unable to obtain other proof that what his weak and feeble memory - has been able to supply - together with some memoranda which are too scant and vain to afford much aid - Not having received a written discharge he is unable to state the precise time either of his entry or dis- charge from service -
I hereunto subscribe this 9 th day of March 1836. Arch: McDonald Jr. Clerk of Cumberland Co. Court.
We residing in the County of Cumberland State of N.C. do hereby Certify that we have been acquainted with Samuel Pearce who has sworn to and subscribed the above declaration for twenty five or thirty years that he has always been reputed to have been a soldier of the Revolution that we believe him to be aged sixty three years and ten months  years - That he is a man of good character and unquestionable veracity
Duncan MacRae I. Dunn subscribed before me this 9 th day of March 1836. Arch: McDonald Jr. Clerk John H. Pearce Cumberland Co. Court.
And the said Court of Pleas and Quarter sessions now sitting do hereby declare their opinion after an investigation of the matter that the above declarant was a soldier of the Revolution and served as he states. And the Court further certifies that it appears to them that who have signed the preceding certificate are residents of this County and are credible persons and that their statements are entitled to credit.
D. P. M c Arthur (Seal) Duncan MacRae (Seal) John H. Pearce (Seal)

I Archibald Wilson Jr Clerk of Cumberland County Court do hereby certify that the foregoing contains the original proceedings of said Court in the matter of the declared supplemental declaration of Samuel Purvis, for a Pension.
In testimony whereof I have hereunto set my hand and seal of Office this 9 th day of March 1836.
Arch. Wilson Jr. Clerk