Be it remembered that on the 14th day of November, 1845, before the undersigned, David K. Butler, a Justice of the peace for the County aforesaid, came NICHOLAS COMBS, a resident citizen of the County aforesaid, aged eighty-five or six years of age, who, being first duly sworn, as required by law, upon his oath, made and subscribed to the following declaration in order to obtain the benefit of the Act of Congress approved the 15th of May, 1828, entitled "An Act for the Relief of Certain Surviving Officers and Soldiers of the Army of the Revolution" and the several acts of Congress passed granting pensions to persons who served in the land and naval service of the United States for and during the Revolutionary War.
That he enlisted in the County of Surry, North Carolina, in the Company commanded by Capt. Wm. T. Lewis in the Line of the State of North Carolina or on Continental Establishment in the Regiment commanded by Col. Martin Armstrong. He does not recollect the date of his enlistment, but it was a little upwards of ten months or near eleven months before the close of the war. Before he was discharged, while in service under his enlistment, he heard of the surrender of Lord Cornwallis at York, in Va., and shortly after, he was discharged in North Carolina (the County he has forgotten) for and during the War by his Capt. Wm. Terrill Lewis, aforesaid, and Col. Armstrong, aforesaid. This discharge he had until about 11 or 12 years past and is now lost or mislaid so that he cannot get it.
He states that the reason why he has not applied sooner is that he had, from the first pension act in 1818 or 19 until lately, determined not to ask the bounty of the government; but, he is now growing old and helpless, unable to attend to his business. That he feels it a duty he owes to himself and aged wife to avail himself of the bounty of the Government.
He states that he has not received any pension or annuity for his services as a Revolutionary Soldier from any state or the United States. His memory has greatly failed him and he cannot name the various officers whom he saw in camp; but, he recollects part of the time he was in service he was marched in different parts of North Carolina and in South Carolina when Genl. Greene commanded in the South.
He knows of no person in this state by whom he can prove his service in camp, but refers to the affidavits hereto annexed to prove his service. He refers to his neighbors as to his character (civil), Genl. Elijah Combs, Genl. Austin Godsey, Jessee Combs, Clerk of the Perry Circuit Court, and to the Honl. John P. Martin, member of Congress from this District.
He is so old and infirm that he is unable to attend court without great pain.
Nicholas Combs ("X", His Mark)
Sworn and subscribed to before me this day and year before written.
D. K. Butler, J.P.
I, David K. Butler, a Justice of the Peace of and for the County
of Perry, State of Kentucky do hereby certify that the aforesaid
NICHOLAS COMBS this day made and subscribed to the foregoing declaration.
I also further certify that I have known him for several years
and, to appearance, he is of the age he states; and, from his
general good character, he is credible.
I also certify that he is so infirm that he could illy attend
court to make his declaration.
Given under my hand this 14th day of November, 1845.
D.K. Butler, J.P.
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Be it known on the 14 of Nov., 1845, before the undersigned David K. Butler, a Justice of the Peace for Perry County, Ky., JEREMIAH COMBS, a resident citizen of said county, who, being duly sworn, as required by law, on his oath, made the following declaration:
That from his earliest recollection he often heard his father, NICHOLAS COMBS, talk of his enlistment in the State of N. Carolina for and during the Revolutionary War. He, upwards of 30 or forty years past, often saw the discharge of his father when he showed it to old soldiers or old men. It was signed by Wm. T. Lewis, Capt., and Martin Armstrong (as he now believes), Col. About 8 or 10 years past he examined it. It was a very old document in appearance and, no doubt, was genuine. It was somewhat torn from long use.
Jer. C. Combs
Sworn and subscribed to before me the day and year above.
D.K. Butler, J.P.
I, David K. Butler, Justice of the Peace for the County of Perry, State of Ky., do certify that the foregoing JEREMIAH COMBS has been well known to me for several years, having resided near him, and I know, from general good moral character, he is reputable and to be believed.
Given under my hand this day and year above written.
D.K. Butler, J.P.
(A) And the undersigned, whose names are herewith annexed, after first being duly sworn, deposeth and saith that we are well acquainted with applicant NICHOLAS COMBS and has known him for many years past and believes that he is as old as he represents himself to be and is entitled to due credit upon his oath and that his is illy able to attend court.
Given under our hands this 14th day of Nov., 1845.
Elijah Combs, Jr.
Elijah Combs, Sen.
A.C. Godsey
This day personally appeared before me the above named ELIJAH COMBS, JR., ELIJAH COMBS, SR., and A.C. Godsey, who, after first being duly sworn, deposeth and sayeth as in the above marked (A).
Given under my hand this 14th day of Nov., 1845.
D.K. Butler, J.P.
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This the 16th day of November, 1845, before the undersigned, David K. Butler, a Justice of the Peace for the County aforesaid, JESSE COMBS, who, being duly sworn according to law, made and subscribed to the following declaration, viz.:
That he is the nephew of NICHOLAS COMBS, of Perry County, Ky.
That he is now in his 47th year.
That, thirty years past, he saw the discharge of the said NICHOLAS
COMBS as a Revolutionary soldier upon continental establishment
for and during the war in the line of the State of North Carolina
on continental establishment. The discharge was old and much devoured
by time. He saw it about 12 years since and it was always reported in the
neighborhood that said NICHOLAS COMBS was enlisted as a revolutionary
soldier for and during the war. This report he heard when a boy.
Jesse Combs
Sworn and subscribed to this day and year above written.
D.K. Butler, J.P.
Kentucky, Perry County, SCT:
I, D.K. butler, a Justice of the Peace for the county aforesaid,
do certify that JESSE COMBS, above named, is Clerk of the Perry
and Circuit Courts and is reputable and made oath before me to
the facts in the foregoing and subscribed to the same. Given under
my hand this 16th Nov., 1845.
D.K. Butler, J.P.
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This entry was crossed out entirely
Also, the deposition of ELIJAH COMBS, resident of said county,
being first sworn by the undersigned, a Justice of the Peace for
Perry County (to wit, D. K. Butler), upon his oath as required
by law, upon his oath made and subscribed to the following declaration:
That he is a resident citizen of the County of Perry, aged 74
or 74.
That he is the brother of NICHOLAS COMBS
That is has, from his earliest recollection, been said that he
enlisted in the Revolutionary War for and during the war.
Signed and sealed and sworn to before me this 16th of Nov. 1845.
_______________, J.P.
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I, Jesse Combs, Clerk of the County Court of Perry County, do certify that David K. Butler, whose name is annexed to the foregoing certificates and declarations of NICHOLAS COMBS for a pension and the depositions and testimony of JESSE COMBS, JEREMIAH C. COMBS, ELIJAH COMBS, JR., ELIJAH COMBS, SR., and Austin C. Godsey, is and was at the times the said declaration and certificates was signed by NICHOLAS COMBS and the deponents to the depositions and certified, was an acting Justice of the Peace for said county and that full faith and credit is and ought to be given to his official acts as such.
In testimony whereof I have hereunto subscribed my name and affixed
the seal of my office in Hazard this 18th day of November, 1845.
Jesse Combs, Clerk, P.C.
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Comptroller's Office
Raleigh, N.C.
April 13, 1855
Mr. Wm. Fulkerson,
Dear Sir:
A search has been made in this office for the service of John
Amburgey or Burgey and NICHOLAS COMBS in the war of the Revolution
and I have not been able to find any evidence relative to these
individuals.
If, however, in making searches for other applicants, I may find
evidence of services rendered by them, I will transmit it to you
without delay.
You will remit the $5 fee in each case, that being the rule of
this office, in all cases of search.
Very respectfully
William F. Bain for Geo. W. Brooks, Comptr.
NICHOLAS COMBS, pri. N.C. Bounty Land? GWB
The name of NICHOLAS COMBS is not returned on the records of the N. Carolina line among those entitled to, or who have received, bounty land from the U.S. GWB
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On this 17th day of December, 1855. personally appeared before the undersigned, a Justice of the Peace, NICHOLAS COMBS, SENIOR, who, being first sworn according to law, states upon his oath:
That he is now a resident of said County and has been ever since the County was formed, and, that several years ago, he made application for the benefit of the Act of Congress of the 15th May, 1828, for his services rendered in the Revolutionary War. That his claim was rejected, as he understood, from the fact that there was a statement of inconsistency embraced in his first declaration.
He states he now desires to correct that error, whether his claim is allowed or not. He is informed that his first declaration states: That he enlisted in the N.C. Line for the war and was discharged at the end of the was, having served 10 or 11 months, during which he heard of the capture of Cornwallis.
He states that he enlisted for and during the war and served 10 or 11 months, and, during that time, he heard of the capture of Cornwallis, and, at the end of this time, he was discharged. That is when Cornwallis was captured at Yorktown, there was no press for men. and he, being in very bad health and entirely unfit for service, he was discharged, as it was likely that the war would not assume so dreadful an aspect, and the most probable conclusion was that it was over, and that he received a written discharge in the following words to wit:
Discharged for and during the war. He states that there was warsmen discharged before June, 1783, for reasons already assigned, long service, ill health, etc. That the warsmen, in general, was not discharged until sometime in 1783, but there was exceptions. As before stated, some made heavy complaint and so much so that it almost amounted to a mutiny.
That his brother, JOHN COMBS, was a pensioner under the Act 18th March, 1818, from this County, and so was Charles Ellis, Anthony Hall and John Kelly, and that his brother, WILLIAM COMBS, was also a pensioner from Kentucky.
The reason he did not take proof while there was persons living who would prove his service was simply that the letter of the Commissioner of Pensions, when his case was first presented (and afterwards, too) was so cutting that he felt deeply mortified and agrieved. He thought it was entirely gratuitous and uncalled for;, while, at the same time, he was not informed what course to pursue. If so, he never received the instructions. And, that he thought by having his original discharge no further proof would be required than the production of it.
He asserts that all the men that ever had anything to do with his claim always instructed him that possession of his discharge, and the production of it, accompanied with a declaration, was all that was required and all that the law required.
That no resident lawyer has not lived in this county, or Pension Agent, until within the last 2 or 3 years, and that J.P. Martin, in the year of 1846, Congressman from Floyd Co., Ky., undertook to ascertain something about his case; but, he never found out correctly what was done by him in the case.
He asserts positively, and on his best moments, that such an inconsistency occurs in his first statement, he declares it was the fault of the Agent who prepared the papers that made the mistake and not him; and, that if his discharge can be found, or is on file, it will show what he asserts.
He further asks that his case under the provisions of the Act of 15th May, 1828, be transfered to the list of cases under the provisions of the Act of 7th June, 1832, if thought advisable; and, if so transferred, he hereby releases all interest under the provision of the Act of the 15th May, 1828, but relies entirely upon the Act of the 7th June, 1832.
That he could, while his brothers JOHN and WILLIAM were living, have proved his service, and also by others, but he thinks they are all dead, especially his acquaintances, and associate soldiers.
He relies upon the proof already on file and especially his discharge, which was filed by James Love, then Congressman.
He further states that, if his discharge is not on file, he can prove its contents and the existence of it at one time, and that he is wholly unable to attend in open court as he is to infirm, being smartly over 90 years of age.
NICHOLAS COMBS, SEN. ("X" His Mark)
In the presence of:
Nicholas Combs, Jr.
A.C. Godsey
Sworn to and subscribed before me this 17th day of December, 1855, and I further certify that said Combs is the same man who applied several years ago for a pension, and that he is of good standing and reliable when on oath, or otherwise, and that he is too infirm to attend court.
Hezekiah Combs, J.P.P.C.
I, Jesse Combs, Clerk of the County Court of the said County, do hereby certify that Hezekiah Combs, Esqr., before whom the foregoing affidavit was made, and who has thereunto signed his name, was at the time of so doing, a Justice of the Peace, in and for the County and State aforesaid, duly commissioned and sworn, and that all his official acts, as such, are entitled to full faith and credit; and, I further certify that the above NICHOLAS COMBS, SR., is the same person who applied for a pension from this County under the provisions of the Act of the 15th May, 1828, and that I often saw his original discharge and, if called upon, could near about state its contents.
In testimony whereof I have hereunto signed my name and affixed my official seal this 17th day of December, 1855.
Jesse Combs, Clerk of the Perry County Court
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Affidavit of John Hacker in the case of NICHOLAS COMBS, Perry Co., Ky., Act 7th June, 1832, Revolutionary Claim.
On the 10th day of April, 1856, personally appeared before the undersigned, a Justice of the Peace of Perry County and State above, John Hacker, aged 87 years, and made oath in due form of law. That he is now eighty-seven years of age and a resident in this County and State of Kentucky for the space of 40 years and states I have known NICHOLAS COMBS, of this County, ever since I was boy. That said COMBS, several years ago, applied for a pension for services rendered in the Revolutionary War from the State of North Carolina from this County.
When I was a well grown boy, I was taken and placed in the old block house (afterwards called Shelby's Fort) between where Jonesborough now stands and Saulsbury. It was sometimes called Squabble State. That fort, or place of defense, was the only place where all the soldiers of the western part of the State were mustered into service and from it they made their departure.
I recollect perfectly well that the said NICHOLAS COMBS (who is now a resident of this county), either before the Battle of King's Mountain or a short time afterwards, was mustered into service at this fort, under the command of Col. Armstrong, and that he belonged to the Company of Capt. John Lewis.
I recollected when he returned back to the neighborhood, as his family was then in part in the fort and part was not.
I think it was understood he was discharged for disability, as he said, although he joined the company for and during the war and that capture of Yorktown had brought peace to the country then and JOHN COMBS was pensioner of the Revolutionary War and I know them all well.
I cannot state how long he was away from the neighborhood to which he belonged or how long he was in the service. He left in Capt. Lewis' Company, no mistake. I was, at that time, big enough to wield a gun. I think 11 or 12 years of age. I have also saw COMBS discharge and many years ago it was in his possession.
I have no interest in the claim declaration nor am I akind to him.
John Hacker ("X". His Mark)
Sworn to and subscribed before me, this date above written, and I further certify that the said John Hacker is a man of veracity and is of the age, in my opinion, that he represents himself to be.
Hezekiah Combs, J.P.P.C.
I, Jesse Combs, Clerk of the County Court of Perry County, do hereby certify that Hesekiah Combs, Esqr., before whom the foregoing affidavit was made, is an acting Justice of the Peace of Perry County, State of Kentucky, duly commissioned and sworn and was so at the date hereof, and that his signature hereunto affixed is genuine and that all his official acts, as such, is entitled to full faith and credit.
In testimony whereof, I have affixed the seal of this County and subscribed my name on this day, the 10th of April, 1856.
Jesse Combs, County Clerk of Perry County Court
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On this 18th day of July, 1856, personally appeared before me the undersigned, a Justice of the Peace, John Hacker, and made oath according to law and after being duly qualified.
I have already given an affidavit in behalf of Nicholas Combs of this County, who was an applicant for a pension under the Act of 1828 and was made the Act 7th June, 1832. I state that I was a large boy during the year 1780 and was large enough to wield a gun and did so in defense of the old block house on the extreme head of the Holston River, not far from where Jonesborough now stands. About this time, the whole, or many, fled from the Carolinas on the Pacolet River to Jonesborough, a fort and place of defense. I was, during my time and before we entered the fort, acquainted with the Combs family and was well acquainted with the applicant.
The Battle of King's Mountain was fought in Oct. 1780. Before this battle, things looked gloomy and, indeed, they were so, for many had joined Ferguson. Others were lying out and a great many scattered. And, after the battle, it was not so much trouble to induce men as before. Ferguson was called a tyrant of blood and carnage and some of the best citizens was slaughtered and butchered by him. The joy on the news of victory over him at King's Mountain I could not then express my joy. Recruiting officers were in every direction. Combs entered as a recruit, to serve during the war, in the company of Capt. Lewis and in the Regiment commanded by Col. Martin Armstrong. He was a private soldier.
This company was made ready at our fort. It was afterwards called Selby or Shelby. Combs left this fort, I think, for the service for Genl. Green and left in said company, to my own knowledge. He left the place in November, after the Battle of King's Mountain, and I saw him no more until we heard of the capture of Yorktown. I know the fact that he returned a short time after this battle from the circumstances of this battle. I then saw his discharge, signed, as well as I now recollect, By Lewis and Armstrong when he first came home or to the fort. The old Block house, or Selby, was, according to my best opinion, in the county of Wilkes or Surry.
He was enlisted, as well as I now recollect, for the disguised service under Green. He stated he had been discharged for disability and his discharge stated, "Honorably discharged for and during the war." The capture of Yorktown was, if I have kept the date correct, in the month of September, 1781. We heard at the fort a short time after the battle of King's Mountain that a man by the name of Andre had been taken as a spy at a place called longtown. It was told us by the returning soldiers. This post, or block house, was in Squabble State. It was called Squabble State because there was a difficulty between Virginia and North Carolina about the division line or boundary. Dixson was for N.C. and Henderson for Virginia. This territory laid towards Salisbury from Jonesborough.
There is a thousand other circumstances that I could mention not connected with Combs' service.
Genl. Sevier and Col. or Genl. Selby promised us boys, in the absence of the soldiers, that, if we would be brave, we should have pay; and, for events, I received some pay and presents; but, if my name was enrolled, I don't know it.
There is no inducement on earth for me to state an untruth. I have no interest in this claim whatever, nor I am not akin to the Combs family or the applicant in no way whatever.
I recollect these events, or those that happened during the period I have mentioned, distinctly; and, as to Combs, I have known him all my life. I don't pretend to say that I knew he served as he stated in his declaration, but I give the circumstances of his entering the service correctly and his return as certain as time exists.
John Hacker
Sworn to and subscribed before me the date above written. I further certify the affiant is a man of truth and credible.
Hezekiah Combs, J.P.P.C.
I, Jesse Combs, Clerk of the County Court of Perry County, do hereby certify that Hezekiah Combs, Esqr., before the foregoing affidavit was made, is an acting Justice of the Peace of Perry County, in the State of Kentucky, duly commissioned and sworn and was so at the date hereof, and that his signature hereto affixed is genuine and that all his official acts, as such, is entitled to full faith and credit.
In testimony whereof, I have affixed the seal of this County and
subscribed my name on this 24th day of July, 1856.
Jesse Combs, County Clerk of Perry County Court
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Proctor, Owsley County, Ky.
14th August, '56
J. Minot, Esqr., C.P.
Washington City, D.C.
Sir:
In the case of N. Combs of Perry County, Act 7th June, 1832, or Act 1828, I enclose to you the affidavit of Jno. Hacker, which clearly comes up to your letter of May 14th., 1856.
You say, "He must show where and when, how long and in what grade he served, and he must show such a knowledge of the service as will bear a comparison with the history of that time."
Then, Hacker shows that Combs entered the service in the com. of Capt. Lewis and Regiment commanded by Armstrong. That he entered a short time after the battle of King's Mountain - the battle was fought in Oct. 1780, and that Combs left in said comp. and did not return until after the news had reached of the capture of Yorktown.
That Combs, on his return, had hid discharge, and even states its contents.
He states also it was in Wilkes or Surry County and other circumstances, corroboration of what he states.
He states that Combs entered in Nov. 1780, and returned a short time after the Battle of York, Oct. 1781.
Then, according to this proof, the case of Combs is established, both as to time and the grade in which he served.
Taking your letter of the 14th May, 1856, as a test and a matter of course, it will be allowed. At least, what you required in that letter is fully and more than complied with. I hope you will allow it without further delay.
I have the honor to be your very obedient servant.
W.K. Fulkerson
P.S. - I enclosed the declaration of the administrator of Philip Hammon to you some considerable time ago. Please attend to it if it has not already been done.
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Proctor, Owsley Co. Ky.
10th Sept. 1856
J. Minot, Esqr., C.P.
Washington City, D.C.
Sir:
In the case of Nicholas Combs, I have your letter before me, August 25th, 1856, and also May 14th, 1856. In regard to the same, I am somewhat astonished at the various instructions given to me in my cases in reference to their details, and I am sure you cannot help seeing trouble that such a course might produce.
I copy your letter of the 14th May: "It is not sufficient that Hacker knows Combs served in the War of the Revolution. He must show where and when, how long and in what grade he served, and he must show such a knowledge of the service as will bear a comparison with the history of the times." What did this say of Hacker's next affidavit? Any man of sound mind would of acted as I did; that is, would of went to the trouble and expense of going 100 miles; or, in other words, sending to an agent there to take such proof, with the instructions that Hacker's testimony was to be believed unless he should show statements in his affidavit that, would of itself, condemn it; but, you, to my astonishment, take the reverse of that, and say, because he has stated the history of those times so correct, therefore he is not to be believed. Don't you know, and every reason not to know it that the mind impressions made upon the mind when young, that such is retained so long as the mind remains sound, and things to come off to persons in their old age is worse than dreams while they are always talking with the past, correctly, too? Such is human nature! Go back, yourself, when you was a boy, and how correctly you can tell all of your juvenile amusements, etc.; but, don't you suppose, if you had of been a boy, 12 or 13 years of age, and forted in times of war - a dreadful war - would of now recollect all about your comrades - the great shocks, what boy left for the service, who he left with and all the circumstances that came under his notice!
But you say that Combs said in his papers that he knew no person in Kentucky by whom he could prove his services. I tell you, he says so yet, and I tell you so myself, that is, as to Hacker.
The law requires the applicant to give us the names of some of his associate soldiers - this you will not deny. Does Hacker attempt to show that he was an associate? No, very far from it. I have inquired of Mr. Combs myself whether there was an associate in Kentucky (yet living) who would prove his service. He has always told me, no; but, always told me about Hacker.
I tell you another thing, that Hacker and the Combses was never friends; but, when called on to swear about it, he said he was not willing to withhold his testimony on account of a difference.
I therefore ask you if this conclusion is not reasonable, and what inducement under his end could Hacker been placed under that induced him to swear that which was untrue! Enemies, no interest in the claim and, in no wise, akin! If Hacker's testimony could be believed, would you then allow the claim?
Look into the papers and you will find a letter from Comptroller, N.C., showing that Combs' name is not on the books in Pay Register at Raleigh.
I have the honor to be your very obedient servant.
W.M. Fulkerson
P.S. - I did not take the proof, nor had nothing to do with it, nor was I in the County when it was taken. I only enclosed your letter, that's all!