Revolutionary War Pension and Bounty Land Warrant Application File S. 7,387, for Cornelius Rhodes, North Carolina

SERVICE
NUMBER
Nb.
Rhodes, Cornelius
S.7387
Born in N.C.
carded
CONTENTS

16.574 North Carolina
Issued 23 rd Oct 1835 Order to pay 25 Jan'y 1838
Gamaliel Rhodes of Pasquotank in the State of N. Car. who was a Pr: — in the Comp'y. commanded by Captain — Jones of the Reg't: — commanded by ————— in the No Ca: line for Inverness —
Inscribed on the Roll of North Carolina at the rate of 20- Dollars ——— Cents per annum, to commence on the 4th day of March, 1834.
Certificate of Pension issued the 3 rd day of Sept. 1833. and sent to Chas. Gnee Elizabeth City. N.C. —
Arrears to the 4th of March 1833. 40- Semi-ant. allowance ending 4 Sept. — 10- $50-
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by Nath: Rice — Clerk Book E Vol. 6 Page 53

Declaration in order to obtain the benefit of the act of Congress passed 7 June 1832 - State of North Carolina } Pungoetank County } ss
On the 4 th day of September 1832 personally appeared in open court before Dennis Doyler Doctor R. Perry & Jesse Pool - the Court of Pungoetank County now sitting Cornelius Rhody a resident of Pungoetank County State of North Carolina aged seventy four years who being first 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 under the following named officers & served as hereunder stated
He was drafted into service in Pungoetank County (now Camden) in the year 1812 and entered the service under Capt. Henry Forbes who marched his company to Cross Creek and there we joined the Army under Genl. Arrington we remained at Cross Creek some time & then we march to the Cheraw Hills in South Carolina and there we remained several months frequently sent out in search of Refugees and bringing them in to our Encampments - we remain at the Cheraw Hills until my term of service expired (which was six months) then I was legal discharge by General Arrington what discharge I have not my Superior Officers were Brigade Major McIntosh & General

Arrington the year I entered the service and the date of my discharge I do not recollect we had two Engagements with Enemy during my service we frequently had some skirmishes with the Refugees —
1. Where & in what year were you born Answer I was born in Fauquier County then Purcelltown the year I do not recollect —
2 nd Have you any record of your age & if so where is it? Answer my age is recorded in a Bible which my son took with him to the State of Indiana about four years ago
3 rd When were you living when called into service when have you served ever since the re- -volutionary war & where do you live now Answer when called into service I lived in Pur- -celltown County of Fauquier (now Fauquier) & returned to Fauquier County after my term of service expired & there remained until I got married I then purchased lands in Purcelltown County & settled on them & live on them now
4 th How were you called into service were you drafted; did you volunteer or were you a Substituter? if a Substituter who for — Answer I was drafted in the Militia of Fauquier County then (now Fauquier)
5 th State the names of some of the regular officers who were with the troops when you served such continental & militia regiments as you can recollect & the General circumstances

of your Service — As per my regular Officer now Captain Forbes Major McCloud & General Arrington the agents I do not recollect —
6 th Did you ever receive a discharge from the Service and if so by whom was it given & what has become of it. As per I did receive a discharge from the Service given by General Arrington which discharge is lost —
7 State the names of persons to whom you are known in your present neighbourhood since who can testify as to your Service Character for Veracity & their belief of your Service as a Soldier of the revolution — as per Abner Williams & Rob t Morgan will testify as to my Character for Veracity and their belief of my Service as a Soldier
8 I hereby relinquish every claim whatsoever to a pension or annuity except the present and declare that his name is not on the pension roll of the agency of any State —
Sworn to and subscribed the day and year aforesaid —
Cornelius his Rhodes mark
We Abner Williams & Robert Morgan receiving in Pascagoula County (then being no clergyman) hereby certify that we are well acquainted with Cornelius Rhodes who has subscribed sworn to the above

declaration that we believe him to be of the age of twenty four years that he is reputed and believed in the neighbourhood where he resides to have been a soldier of the revolution and we concur in that opinion
Sworn and Subscribed the day & year aforesaid
Abner Williams
Robert Morgan
In 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 in the States. And the People's Certificates that it appears to them that Abner Williams & Robert Morgan  Abner Williams & Robert Morgan who has signed the preceding certificate (there being no clergymen) are residents in the County of Pasquotank are creditable persons and that their statement is entitled to credit
J. D. Jones J.P.
Doctrine B. Bury J.P.
Joseph L. Poole J.P.
I Charles Guice clerk of the Court of Pleas & Quarter Sessions for the County of Pasquotank, State of North Carolina do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Cornelius Rhodes for a Pension. Given under my hand and Seal of Office at Elizabeth City County of Pasquotank State of North Carolina the 5 day of September 1832. and in the 57 year of our independence
Charles Guice

Declaration Cornelius Rhodes
21179
who lives at

In the 4 th day of September 1832 personally appeared in open Court before Dennis Dozier Doctor of Perry & Sep d Pool the bond of Purgustank County now sitting Thomas Vinton aged seventy seven years a resident of Camden County State of North Carolina who being duly sworn according to law doth on his oath say that he was well acquainted with Cornelius Rhodes before the Revolutionary war and that the said Rhodes was Cornelius Rhodes joined the Army under Capt. Henry Forbes in the State of North Carolina at or about the same time he did we marched to Marble  to Prof. Creek and there we found the Army under Genl. Arringtons after remaining at Prof. Creek some time we marched to the Cherras Hills in South Carolina and we remained at the Cherras Hills South Carolina frequently sent out on scouting parties after Refugees and bringing them in until our Col o Montague was cut and the said Rhodes was then discharged by General Arrington, the Superior officers were Major McIntosh & General Arrington. the time of the discharge I do not recollect. I am now acquainted the Cornelius Rhodes he is about

the age of seventy four years now resides in Piqua Stark County North Ohio
Given to and Subscribed the day and year above
Thomas my X Vinton Mark
Witness J. D.
Deacon R. Burgess
Jesse L. Paul J. D.

Cornelius Rhodes N. C. N o . 21179.
Admit as private memo $20.00
d. j. l.
Chas. Grice clerk. rec'd at the Court pleas & Dist. Pasquotank Co.

WAR DEPARTMENT,
Pension Office,
Apl 20 th 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 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 show 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 Cornelius Rhodes
   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.     drafted 6 Pri. Capt. H. Forbes Genl. Arrington Brig. Maj. M c Intosh 74 years Vasgo = State of N.C. Traditional Witness Testimony of M c Intosh Amended Dec r . proved partially by Genl. Perry -  
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 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 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.

Cornelius Rhodes
N. C.
No. 21179.
Statute perute
Amo $2000
A. P. L.
Chas. Brice Clerk. Court Pleas Prognostic
The Edmades will perceive that the credibility of Capt. Perry is proven certified by the Court of Sessions and the case of Hall & others - It was therefore deemed unnecessary to do so again.

Rev War
7384
INVALID.
Am
File No. 7387
Benjamin Rhodes
Rev War
Act: June 1 st 1832
Index:—Vol. 1 st , Page 314
[Arrangement of 1870.]

The Amended Declaration of Cornelius Rhode, made to obtain the benefit of the act of Congress passed 7 th of June 1832
The Declarant in amendment says that in consequence of age and the consequent loss of memory he cannot specify the date of the service set out in his original Decla- -ration any more particularly than he has already done in his original Declaration. He further says that he knows of no persons now living by whom he can prove said ser- -vice excepting Thomas Sutton whose testimony is already furnished to the Department. In amendment of his Declaration he further says that on his return from the service as mentioned in his original Declaration he again entered the service for three months as a substitute for William Jones — and that before his term of three months had expired he was drafted to perform another Four of Duty and on his return to his resi- -dence he found he was drafted and he

he immediately returned to the army and that in this last service taking the time he served as a substitute and the time he served as a drafted soldier he served nine months - This last service was performed commenced in a few days after his return from the service mentioned in the original Declaration and continued until the nine months expired without any interruption of time with the exception of a few days between the first three months which he served as a substitute for such William Jones and his retirement upon his own draft - He cannot recollect the date for the reason heretofore assigned - He served as a soldier in Captain Moech Dailys Company of Cavalry and the station of the Troops was at North West in Virginia during the whole time - General Isaac Gregory of Camden County North Carolina had command

of the Brooks during the whole time he was at North West - He did not until very lately know that he could produce any witness, but he has lately learned from Isaac Perry who came a few months since into his neighborhood from Canutuck County that he knew him in the service at North West - The said Perry's testimony is hereby annexed and he knows of no other person now living who knew him in the service or by whom he can prove it -
Cornelius his X Rhodes mark

I was born lately of Connecticut County but now residing in in Piqua in  the County. maketh oath that he was acquainted with Cornelius Rhodes (the applicant for a pension) during the Revolutionary war, that he knew him to be a soldier at North West during the war but he does not know long he served nor does he recollect to whose company he belonged - He was himself a soldier at the same time & places and by that means became acquainted with the said Rhodes -
Sworn & Subscribed before me the 12 th June 1833
Y. J. S. Perry
Simsbury W.
I Charles Grier Clerk of the Court of Sessions at Leavenworth and  in Piqua for the County of Piqua do certify that Samuel C. Moore is a Justice of Peace of said County and that the foregoing signature is genuine - In testimony whereof I have hereunto set my hand & seal of Office this 13 th day of June 1833
Charles Grier Clerk

State of North Carolina Camden County
This day 13 th day of June 1833 came before me George Ferebee one of the Justices of the Peace for Camden County. William McPherson who being duly sworn saith that he is acquainted with Genton for some time with Thomas Genton whom affidavit is taken in support of Cornelius Rhodes declaration is a man of credibility & is to be believed on his Oath -
Subscribed & sworn to the day & year above before Geo Ferebee W. McPherson
State of North Carolina Camden County
This 20 th day of June 1833 came before me William Hearin of one of the Justices of the Peace for Camden County State of North Carolina Geo Ferebee who being duly sworn saith that he is acquainted with the Genton whom affidavit has been taken in support of Cornelius Rhodes declaration that he is a man of credibility & is to be believed on his Oath
Subscribed & sworn to the day & year above before Geo Ferebee
W. McPherson
State of North Carolina Camden County
Malachi M. Boushale

Clerk of Camden Superior Court of law, do hereby certify that George Forbes and William Herring Esquires are and were at the signing of the foregoing affidavits, acting Justices of the peace for said county & state, that they are lawfully authorised to administer oaths and that their signatures to the aforesaid affidavits are genuine
In testimony whereof I have hereunto set my hand and affixed the seal of the said Court the 15 th day of July 1833
W. M. Boushwall Ck