REVOLUTIONARY WAR PENSION APPLICATION - ABIJAH FAIRCHILD

Contributed by:  Ann Whalen (whalen2008@msn.com)

************************************************************************
USGENWEB ARCHIVES NOTICE:  These electronic pages may NOT be reproduced 
in any format for profit or presentation by any other organization or 
persons.  Persons or organizations desiring to use this material, must 
obtain the written consent of the contributor, or the legal 
representative of the submitter, and contact the listed USGenWeb 
archivist with proof of this consent. The submitter has given permission 
to the USGenWeb Archives to store the file permanently for free access.

http://files.usgwarchives.net/nc/wilkes/military/fairchld.txt
***********************************************************************


State of North Carolina )

Wilkes County )

Court of Pleas and Quarters

Sepims August Sepims, 1834

This 6th day of August in the year of our Lord one thousand eight hundred and 
thirty four, personally affianced in open court, Abijah Fairchild, a resident in 
the county of Wilkes and State aforesaid , age seventy one years and being sworn 
in the court of law doth for the purpose of availing himself of the benefit of 
the Pension Act passed by this Congress of the United States on the 7th day of 
June AD 1832 disclose, despond and say that he was born in the State of New 
Jersey in the year 1763, of which I have the record at home; that he left that 
county when about five years old and settled in Wilkes County, North Carolina 
where he has resided ever since, that he volunteered in the month of May 1777 
and was called into service with the commission of Corpral under the command of 
Captain William Sloan (the inferior officer not recollected) and marched the 
corp thru blue Ridge down New River to Grayson County, Virginia and from the ... 
Settlement in pursuit of a band of Tories and Outlaws, from which place we was 
returned to Wilkes where we remained in service Scouting and Garding the country 
for three months for which service he received no discharge as he now recollects 
of.
He further states that in the month of May 1780 he volunteered and called into 
service under the command of Captain James Henderson, his inferior officer not 
now recollected and was marched to Cirder fort in Bath County in pursuit of a 
band of Tories and outlyws who was commanded by a Tory Colonel by the name of 
Roberts - where we remained for some time scouting and garding the country, when 
we marched back to Wilkes and remained in same guarding the country for three 
months when we wor dismissed. This affiant received noe discharge.
He further states that in the month of Occtober 1779 he volunteered and was 
called into service under command of Captain Robert Cleveland and Richard 
Stonaphus, I believe was our Lietuaenant. We marched up the Yadkin River in 
pursuit of a band of Tories. He remained in service ten days when he was 
dismissed. He received no discharge- He further states that in the latter part 
of the month of August he volunteered and was called into service under the 
Command of Colonel Benjamin Cleveland and Captain William Jackson and went on 
his march to King's Mountain when he was taken lame in Burke County, when he was 
sent home on furlough. As soon as the battle was over at King's Mountain and the 
Troops returned with the prisoners, he joined the troops at Wilkesboro under the 
same officers to guard the prisoners and marched to Old Richman in Surry County 
and from that place to Salem where we remained for some time guarding the 
prisioners. When he returned home after having served two months - he received 
no writtin discharge but was dismissed by his officers. He further states that 
in the year 1781 he volunteered and was called into service under the Command of 
Captain Robert Cleveland and Richard Stonescipher was our Lieutenant. We marchd 
from Wilkes County down to the forks of the Yadkin in order to joint Genl 
Green's army who was retreating from the British army, finding that the British 
was between us and Green's army our Captain sent us home in the month of april. 
He is of the opinion that his way in serves our month.
He further states that during all the services rendered by him in the 
Revolutionary War that Saml Castle was in company - who at this time owing to 
old age is not able to attend court - he relinquishes all claims whatsoever to a 
pension or annuity except the present and further states that his name is not on 
the Pension roll of the agency of any state sworn to and ... in open court the 
days and states above written. The affianced knows of no living witness by which 
he can prove his service ... the above statement. Abijah Fairchild
Teste Wm Mastin Celeb

We Thom Fletcher ... & Hamilton Brown in the county and state aforesaid and the 
said Abijah Fairchild residing in the same as, hereby certify that we are well 
acquainted with Abijah Fairchild, Esq. who has subscribed and sworn to the above 
declaration that we believe him to be seventy year of age and that said 
Fairchild is reported and believed in the neighborhood where he resides to have 
been a Revolutionary Soldier and we concur in this opinion. Sworn & Subscribed 
in open court the day and year aforesaid ---

Test Thomas Fletcher

Wm Masten Celeb Hamilton Brown

Where was you born? ... in the State of New Jersey

Have you any record of your age and if so when ? I left it home.

Where were you living when called into service? Says in Wilkes County where I 
now reside

Where have you lived since the Revolutionary War and where do you now live? Says 
in the County of Wilkes & the state of NC at the place where I now live.

How were you called into Service- were you drafted or did you volunteer or were 
you a substitute and for whom? Says always volunteered.

Did you ever receive a discharge from the service and if so by whom was it given 
and what has become of it? Says I never received a written discharge but was 
always said to me by my officers.

State the names of persons whom you know are known in your present neighborhood 
and who can testify to your character for veracity and this belief in your 
services as a soldier of the Revolution. Thomas Fletcher, ..., and Col Hamilton 
Brown.

Ana the said court do hereby declare these opinions after the investigation of 
the matter and after putting the ... ... presented by the War Department that the 
above named applicant was a Revolutionary Soldier and served as he told the 
court - further certifies that is appears to ... ...
Tho Fletch Clegmean and col Hamilton Brown who has signed the preceding 
certificate and that they reside in said county and that these certificates are 
entitled to full credit.

Eden Jones ....

I the Clerk of the County Court of Pleas & quarters sepims for the county of 
Wilkes do hereby certify that the foregoing contain the original proceedings of 
the said court in the ... of the application of Abijah Fairchild Esq for a 
pension.

In testimony whereof I have hereunto set my hand and seal at office in 
Wilkesboro, the 7th day of August AD 1834

(seal) Wm Mastin Celeb

State of N Carolina )
Wilkes County ) ss:

On this 28th day of October AD one thousand eight hundred and fifty one 
personally appeared before me theundersigned an acting justice of the Court of 
Record in said county and state.
Violate Fairchild, a resident of said county, aged seventy six years and who 
being by me duly sworn according to law doth on her oath make the following 
declaration in order to obtain the benefit of the provision of the act of 
Congress passed 29th day of July AD 1828, granting the widows of Revolutionary 
Soldiers pensions. That she is the widow of Abigah Fairchild who was a soldier 
in the Revolution War and who prepared his declaration and proved his services 
(she thinks) by one Samuel Castal, but died before he got his claim allowed, and 
to which evidence she refered, for evidence of service.
She further states that she has no documentary evidence of the marriage or of 
the service of Abigah Fairchild, her husband, and that she being old and infirm, 
she cannot tell the names of his officers under whom he served, nor of the 
length of time he served, but that she is of opinion that he served something 
near twelve months in all. That if he ever had a certificate of discharge she 
does not recollect what has become of it (if he ever had one)
She further declares that she was married to the said Abigad Fairchild on the 
20th day of March AD one thousand seven hundred and ninety five and the marriage 
took place in Wilkes County and state of N Carolina, that they were married by 
license, and that Moses Waters was the Justice of the Peace who said the 
ceremony, that she was not married to said Abigah Fairchild prior to his leaving 
the service but the marriage actually took place prior to the 2nd day of January 
eighteen hundred.

Viz at the time above stated, and that said Abigah Fairchild died on the day of 
April AD one thousand eight hundred and forty three, a will appears by reference 
to the accompanying testimony.

X (mark) Violate Fairchild

Sworn to and subscribed before me on the day and year above written. And I 
hereby certify that I believe said Violate Fairchild to be of good character and 
entitled to full forth and credit, and that she is of the age above stated. I 
further certify that she is from bodily infirmity unable to attend at Wilkesboro 
the place of holding the Court for said County, and that she is the widow of 
Abigah Fairchild. In testimony of which I have set my hand.

Samel Webb Justice

State of N Carolina )
County of Wilkes ) ss:

On this 28th day of October AD one thousand eight hundred and fifty one 
personally appeared before me, the undersigned, an active justice in said county 
& state, Elizabeth Proffet, a resident of said county, aged eighty years and who 
... ... under by sworn according to Law, delcares on her oath that she was 
personally present when Abigah Fairchild and Violate Gullett were married, that 
it took place in Wilkes County and on about the 20th day of March AD one 
thousand seven hundred and ninety five, and that one over .... Why she recollects 
it as well, there fell that night one of the largest snows she ever saw.

X (her mark) Elizabeth Proffet
Sworn to and subscribed before me on the day and year above written and I hereby 
certify that Elizabeth Proffet is of good observation and entitled to full .... 
And ... that she is of the age above stated. I further certify that she is unable 
from bodily infirmity to attend, on the Courts.
In testimony of which I have set my hand.

Samuel Webb Justice

Know all men by these presents that we Abigah Fairchild and David Shay of Wilkes 
County N Carolina are held and firmly bound unto Richard Maight Esq, Govonor, in 
the full sum of five hundred pounds, current money of said state, and void on 
condition that the said Abigah Fairchild shall fully comply with the Law in 
contract of marrije with Violate Gullet as he has obtained license for said 
marrige. ... ... ... and ... the seventeenth day of March seventeen hundred and ninty 
five.

Abigah Fairchild

David Shany
H Blyordon

State of N Carolina )
Wilkes County ) I, Wm Mastin clerk of the County Court for said county do hereby 
certify the above is a true copy of the marriage bond of Abijah Fairchild and 
violate Gullet who wor married in this county. I further certify that Samuel 
Walsh Esq whose proper signature appears to this sheet is and was at the date of 
signie ... ... an acting Justice our our ... was duly commissioned & sworn according 
to Law.

In testimony of which I have sit my hand and official the ... of my

office at Wilkesboro on this 29th day of October AD 1837.

W Mastin Clk

... ... ...

Know all men by these presents that I Abijah Fairchilde of Wilkes County and 
State of North Carolina have made, constituted and appointed by these presents, 
do make constitute and appoint Jyre Yates of said Wilkes county & State of North 
Carolina my true and lawful attorney for me & in my name ... & ..., giving & 
granting unto my said attorney full power and authority to do & to perform all 
and any acts and ... indect... requisit and necessary to be done and about the 
pension of my Father Abijah Fairchild of the United States, with full power of 
substitution and enumeration, hereby satisfying and confirming all that my said 
attorney or his substitute shall lawfully do or could to be done by virtue 
hereof. And I do revoke any power of attorney heretofore made by me and declair 
the same void. In witness whereof I have herein set my hand & seal this 8th day 
of August one thousand eight hundred and fifty seven.

Sealed & delivered in presence of} Abijah Fairchild

Wm Vannoy
...........
Wilkesboro NC
Aug 12 1857

Sir

I rece your letter and in return I send you a power of Attorney requested.

You will please report to me the condition & ... of Abijah Fairchilds pension 
claims

am obliged

Yours

Respectfully

Jesse Yeats

...............

State of N Carolina }
Wilkes County }

On this Third day of November AD one thousand and eight hundred and fifty four 
personally appeared before the Court of Pleas and Quarters ... ... ... for said 
county and state, Samuel Walsh Esq and Abijah Fairchild credible and 
disinterested witnesses, and who being by ... ... first duly sworn in according 
to Law declare on these oaths that they were personally and well acquainted with 
Abijah Fairchild who was respected and believed in the neighborhood where he 
resided to have been a soldier of the Revolutionary War and that they concur in 
that opinions, that said Abijah Fairchild died on the eighth day of April AD one 
thousand eight hundred and forty three and that Violate Fairchild, ... ... to 
above be ... ... in Wilkes County, NC and that she is now a widow, and now 
resides in said county and state, and that they are disinterested in this 
matter.

Samuel Walsh

Abijah Fairchild
Sworn to and subscribed in open court on the day and year above written; and the 
court hereby certifies that Samuel Walsh Esq and Abijah Fairchild are credible 
and disinterested witnesses, and from their testimony, which is entirely 
satisfactory; that they further certify that Abijah Fairchild died on the 8th 
day of April one thousand eight hundred and forty three and that Violate 
Fairchild is his widow as stated. In testimony of which I the Chairman of the 
said court have set my hand.

Wm E Emmets Chair
State of North Carolina

J Wellashes Clerk of Wilkes County Court do certify that Wm E Emmets is the 
acting chairman of the County Court of Wilkes and that the foregoing signatures 
... to be ... ... ...

In testimony whereof I have herewith set my hand of ... affianced the seal of 
office November 3rd 1857

Will ashas Clk

..........
I Samuel Castle do hereby depose& swear that I was attached to the same company 
with Abijah Fairchild in all the service in his deposition as well as I 
recollected all the service then mentioned....
Sworn to hereby ... before
me the day & date above
D Sumerlin

Mr Dinbar Sumerlin: I do swear we are well acquainted with the character of 
Samuel Castle who signed the above certificate and he reflects on his neighbors 
to be a man of truth. We concur in that belief.
D Sumerlin JP
............

Bunuville Yancey Co. NC

July 6th 1854

Sir
In the case of Violate Fairchild of Wilkes County, NC, widow of Abijah Fairchild 
it does seem to me that due wright has not been given to the evidence that is on 
file. He, the soldier proves his service by Samuel Castle, a pensioner and a man 
of good character and then shows conclusively his general character to be that 
of a soldier of the Revolution.
When I took up the claim first in 1851 and prepared the papers for the widow's 
claim, I again added evidence to the good character and also that ... said he 
wor beyond all doubt a soldier in the war. The marriage was also... ... out by 
the records from Wilkes County. Now where it is recollected that many of the 
Rolls of this State relating to the Revolution war, were burned at the time the 
capitol was distroid by fire. I cannot conceive that this strict ... of the law 
which excludes so many circumstantial facts and some very positive evidence is 
in accordance with the original ... of the Laws of ... Now Mr Attorny General 
Buttram says that the Common Law rules of evidence should be adopted in the 
adjucdicating of claims in the Pension Office, for pensions.
Now if this be the rule in your office which I have never heard contradicted and 
old Mr Fairchild or his widow stood instead for murder and 12 of your most 
talented clerks were selected as jurors, there could not be a single doubt left 
in their minds, or to his guilt if the same kind of evidence as (... ...) was 
produced against him or her in that case as is now on file. That is if it was as 
strong as to facts.
If you still think that you cannot .... with the laws and rules in your office 
all on this claim. Then I must ask of you the favor of a true and correct copy 
of ... ... now on file, that it may be further investigated. From the many 
concurring facts in this case and the manner in which they are spoken of by many 
of the ... respectable people in Wilkes County. I can not believe that the old 
man and old woman have sworn false. This is a thing they were never accused of 
in the County where they lived for a great number of years. You will let me hear 
from you on this. The pension we have claimed would ... ... ... June 1832 and 
terminate in 1844, or at his death & then commence under Oct 1848 and terminate 
at her death. 

I am, Sir, your servant
Hon L P Woldo John M Woodfin

..........

Comptroller's Office N.C

March 25th 1852

Sir,

I have made a thorough and most diligent search of the records of this office 
for evidence of the services of Abijah Fairchild without being able to find any.

If you will state explicitly & particularly what you expect the records of this 
office to prove respecting John Webb, I will investigate the case. If I do not 
mistake you expect one to identify the man if so there is hardly a probability 
of success,

I expect to have more leisure, than of late, for some time to come and will take 
pleasure in attending to your case.

Very respectfully

Your abt. serv't.

Wm J Clarke Comptr.

Fee for search 2.50 pounds

..........

Burnsville Yancey Co NC

Sept 27th 1852

Sir

In your letter of Dec 5 ... you required from me a Power of Attorney in the care 
of Violate Fairchild, widow of Abijah, all of Wilkes Co NC,

Now it is surprisingly strange that after I have filed the declaration of the 
widow in my own hand writing and then after her death have sent the court papers 
showing the administrator and also some ... testimony as to ... representative 
and also a power of atty to S Godwin Esq to act as my immediate Agent at the 
officer, I say often all this and the papers being before you in your office it 
is very strange that I now should be required to file another Power of Atty, 
before I can have the claim ... ... to me. You certainly do not intend to make 
and adhere to such unheard of rules on this. I ask nothing but what is 
reasonable and just.

I am sir

Your abt serv't

Jno B Woodfin

Hon L P Waldo
Comm of Pensions