Revolutionary War Pension and Bounty Land Warrant Application File S. 2,443, Nicholas Counce, N.C.

SERVICE
NUMBER
N.B.
Counce, Nicholas
S.2443
CONTENTS
carded.

See letter 15 April 1831. Pen age
7578 East Tennessee
Nicholas Coance
Granger Co in the State of East Tennessee who was a private in the company commanded by Captain Hodge of the Regt commanded by Col. Moot in the War of Rebellion for 6 months and 15 days
Inscribed on the Roll of East Tennessee at the rate of 21 Dollars 66 Cents per annum, to commence on the 14th day of March, 1831.
Certificate of Pension issued the 5 th day of May 1833 and sent to M rs Eloise Rutledge
Arrears to the 14th of March 43 32 Semi-annual allowance ending Sept 10 83 $54.15
{ Revolutionary Claim, } { Not June 7, 1832. }
Recorded by Daniel Boyd Clerk, Book 6 Vol. 7 Page 39

State of Tennessee Greene County To All the 4 th day of January 1833 personally appeared in open court before Samuel Powell judge of the Court of the County of Greene State of Tennessee now sitting. Nicholas Bowers put under oath of said county and State of said aged eighty years who being first duly sworn according to law each as far as such makes the following Declaration in order to obtain the benefits of the act of Congress passed June 7 th 1832.
That he was born on the 12 th day of January 1752 in the State of Virginia - that he entered the service of the United States under the following Officers and services as herein stated that he was drafted in Greene County North Carolina for three months and rendezvous at Hillsborough on the eighth day of May as well as he recollects the year of Bates defeat under Capt George Hodge and marched and joined Genl Mearns at what was then called Creek near Fayetteville from thence we marched to Spotts Ferry and then to Shepherd Hill then to Deep River where we remained a while from thence to the Cross Roads near Deep River and remained some time then to the Yadkin and camped at Moore's Ferry from thence we marched to the mouth of Hocky River from thence we marched to Churton Hills then to Simsbury Creek where this place we joined the regular under Genl Gates when the American forces marched to attack the British who retreated we pursued them to King's Mill where we were joined by the Virginia Militia from thence we marched in the night and met the British and had some fighting that night; the next morning about sun rise the battle commenced and Gates was defeated. His line was now exposed and he returned home. The next summer he thinks in July he was drafted a second time for three months and marched under Capt William Hays Lieutenant Joseph also Col Morton of Wake County North Carolina we marched from Hillsboro to Salisbury from thence we marched and on the

which he was taken sick and was left and when sick the battle of Benton Springs took place when the Americans took about three hundred prisoners previous to this time I had recovered from my sickness and found Genl. Locke who had charge of the prisoners Genl. Locke put the Tories, who were taken at Benton Springs to Salisbury jail and he was detailed to guard them and delivered the Tories to Capt. East he thinks was the name. He served out his time and was discharged. He also volunteered under Capt. Rogers for four days after the battle and also served as a volunteer under Capt. E. M. Daniel and George Hodge for about sixteen days after the Tories. He resided all the time of the above services in Orange County North Carolina. He recalls Genl. Smallwood Col. Dyer of the Regulars Of the militia Genl. Burke, Overton, Williamson, and Rutherford. He has no written or documentary evidences except a certificate given when he joined Camp after he was left sick or before that the which is herewith enclosed, having lost his discharge. He knows of no person by whom he can prove his services except James Maggs whose affidavit is enclosed.
We hereby acknowledge every claim whatever 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.
Wm. E. Locke Wlt. By D. Barton dle.
Wm. E. Locke
We the undersigned a clergyman residing in the county of Guilford and State of Virginia and John Cooke residing in the same do hereby certify that we are well acquainted with Nicholas Cooke who has subscribed and sworn to the above declaration; that we believe him to be eighty years of

age that he is respected and beloved in the neighborhood where he resides, to have been a soldier of the revolution and that we concur in that opinion herein to and subscribed the day and year aforesaid.
Wm. E. Cooke Clerk By D. Barton D.C.
EM anal of John Locke
And the said court do hereby declare their opinion after the investigation of the matter and after putting the interrogatories presented by the War Department that the above named applicant was a revolutionary soldier and served as he states and the court further certify that it appears to them that Charles McAnally — who has signed the foregoing certificate is a clergy man residing in the County of Greene and State of Tennessee and that John Locke — who has signed the same is a resident of the County of Greene and State of Tennessee is a creditable person and that their statement is entitled to credit.
I William E. Cooke, Clerk of the Circuit Court of Greene County by my Deputy David Barton do hereby certify that the foregoing contains the original proceedings of the said court in the matter of the application of Nicholas Coomer for a pension and that Samuel Powell whom name is subscribed to the certificate of the court is the judge of said court and that said court is a court of record.
In testimony whereof I have hereunto set my hand and seal of office this 24th day of January 1832.
Wm. E. Cooke Clerk By D. Barton D.C.

Question propounded by the court to Nicholas Coomes for
Question Where and in what year were you born Answer I was born on the 12 th day of January 1752 as well as I recollect in the State of Virginia and having removed when very young to the State of North Carolina I have forgotten the County -
Question Have you any record of your age Answer I have not.
Question Where were you living when called into service where have you lived since the Revolutionary War and where do you now live
Answer When called into service I was living in the County of Orange State of North Carolina. Since the the revolutionary war have lived in the County of Greene State of Tennessee where I now live -
Question How were you called into service
Answer I was twice drafted and after volunteered
Question State the names of some of the regular Officers who were with the troops when you served such continental Ex regiments and Militia regiments as you can recollect and the general circumstances of your service Answer Col. Gats, Genl. Smallwood Col. Allison Col. Woolford Militia regiments.
Declaration of Nicholas Coomes of Greene County Tenn Nicholas Coomes 22998

there were written the books of the Old Testament. Much explanation of the general circumstances of their composition is necessary. But I think that the knowledge of the language and the general circumstances of their composition is all that is necessary for a proper understanding of the books. But I think that the knowledge of the language and the general circumstances of their composition is all that is necessary for a proper understanding of the books. But I think that the knowledge of the language and the general circumstances of their composition is all that is necessary for a proper understanding of the books.
Declaration of Nicholas Coonhead of Franklin County Tenn. _____ Nicholas Coonhead 22998

el o 22998 Nicholas Connors Granger County Tennessee
From 1780 private 6 1/2 months $21.66 100.
10
Mr E. Cohe 8th Circuit Court Granger County Tennessee

WAR DEPARTMENT,
Pension Office,
183
Sir:
The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in a tabular form. On comparing these papers with the following rules, and the 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, showing the Service of Nicholas Gouner, late Georgia County Tennessee
   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.     Draft May, 1813 Gains defeat - 3 - private Capt Hodge Gains defeat Recd. at Hillsborough joined Gen. Canfield at Croft Creek near Fayetteville Marched to Sparta Army and then to Shepherd's Mill then to Dup River to Yamacraw 80 years Georgia N. Carolina Traditionary evidence Clement C. Arthurs certified evidence papers court -   Draft June 3, 1813 - 3 - private Capt Rogers Col Wooten   Vol. - - - 4 private Capt Rogers   Col - - - 16 private Capt McDaniel  
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.
[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 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 [j] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule is 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.

Per 1860
2443
INVALID.
File No. 2443
Nicholas Laurence
First Rev War
Act: June 7, 1832
Index: — Vol. 11 , Page 72
[Arrangement of 1870.]

Agents Office East Tennessee Knoxville March 18 th 1837
Sir
You will find enclosed four Applications for Pensions viz — William Smallwood's Application for his Pension from the 1 st day of March 1836 upto the 1 st day of March 1837 for $20 per annum — and Jacob Williford's from the 1 st day of March 1836 upto the 1 st day of March 1837 for $20 per annum — Royal Jennings from the 1 st day of March 1836 upto 4 March 1837 for $56.66 per annum — and also Nicholas Bonner from the 1 st day of March 1836 upto the 1 st day of March 1837 at $21.66 per annum — all of which is under the act of the 1 st March 1832. — I have in my papers on the Original Certificates of Pensions; all of which is Submitted for your inspection and further instructions.
I am Respectfully your obedt Servt A. H. Jones Agent
J. P. Edwards Esq. Commissioner of Pensions Washington City