Revolutionary War Pension and Bounty Land Warrant Application File R. 1,743, James Carter, Va. Born In Penn.
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(8-1776)

SERVICE
Va. | Carter, James - Eleanor

NUMBER R. 1743

Born in Penn.

CONTENTS
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Ohio 19.652

James Carter
of Clermont Co in State of Ohio
who was a private in the Con. commanded
by Captain Bell of the Reg. commanded
by Col Darke in the Virginia [illegible]
for 9. Months.

Inscribed on the Roll of Ohio
at the rate of 30. Dollars _ Cents per annum,
to commence on the 4th day of March, 1831.

Certificate of Pension the 9.th day of August
1833 and Sent to [illegible]
Morris [crossed out: Clermo] Batavia [illegible]

Arrears to the 4th of March 1833 $60.00
Semi-anl. allowance ending 4 Sept 1833 15.00

$75.00

{Revolutionary Claim,
Act June 7, 1832.}

Recorded by F. S. Evans Clerk,
Book E Vol. 8. Page 4.
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James Carter
Application 
for a pension
25507
Page 4

Declaration in order to obtain the
benefit of the act of Congress of June 7th 1832.

State of Ohio
Clermont County} ss
On this 6th day of May 1833
personally appeared before me Hon John
M Goodenow President Judge of the ninth
Judicial circuit of Ohio and Robert
Haines, Israel Whataker and John
Emery a private Judge of the court of
Common Pleas in and for the county
of Clermont - James Carter a resident of
Wayne Township, Clermont County Ohio
aged seventy seven years who being first duly
sworn according to law doth on his oath
make the following declaration in order
to obtain the benefit of provisions made
by the act of Congress passed June 7th 1832.
That he entered the service of the United
State under the following named officers
and served as herein stated.
I was born in Chester County, Pennsylvania
in February 1756 on affidavit by a read
of my age which as I verily has been copied correctly from my fathers family bible. When I was about nine years old my father moved with myself and the rest of his family to the neighborhood of Winchester in Frederick County Virginia where I had my place of residence when the hereinafter mentioned service was performed
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In the fall of the year, soon after harvest, (as near as I can recollect but of this I am not certain) the year 1777. I was drafted
as a malitia man (in said county of Frederick)
and I entered the service of the United
States. under the command of Captain Henry
Misewanger, Lieutenant Henry Catlett and
John Barnes was ensign. Left Winchester
in the fall and marched to Pittsburgh. Two
other companies started out with ours, from
Winchester. One commanded by Captain
Thomas Buck and the other commanded
by Captain Reeder. Marched out
Braddocks old road and got to Pittsburgh
where we staid three or four days and then
started down by water in (illegible) to Wheeling to relieve the fort there. I do not remember whether Gel. (illegible) or McGeath was commanding officer of the fort at Wheeling. We got to Wheeling and found the town burning. When we got down the Indians
fled and we received the people in the fort. A good many malitia had gathered into the fort at Wheeling. The three companies of Capt. Misewanger. Barck and Reeder staid in Wheeling, several days and then marched by Braddocks road to Winchester. The companies were discharged on their return after having served on this tour of duty not less than three
months. I was taken sick on Laurel hills
on my return and laid there at the house of
our Foster until I got better, and got home about the middle of winter
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4
The next tour of duty I served principally
under the command of Captain John Bell
in Col Darke regiment, I was drafted
in said County of Frederick and marched
from Winchester under the Command
of an officer Whose name I do not
remember - we crossed the Shenandoah at Linckers ferry, from there we marched 
to Fredericksburgh, from there to the 
Bowling green - from there to the Padusky
river, then to the drinking Spring - where were headquarters. the troops there were commanded by Gnl La Fayette, Gel. Muhlenburgh was also there. From drinking Spring - we marched through the County in different places not remembered - The British troops were generally not far from us, in pursuit of us. We were all the time in Virginia, at one time we were in Albemarle County
and we marched through different
Counties south of the blue ridge the name
of which not remembered. at the end of three
Months I was discharged, having served
not less than three months I entered upon this tour of duty in the spring (month not remembered) of the year 1781. I had a
written discharge - I do not remember
which officer signed it. I took no care of
any of my discharges and lost them
all in two or three years - Combs was
1st Lieutenant in this tour of duty.
After my return from this tour of duty
I staid at home about three days - and 
hired as a substitute for a quaker by I think Col
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5
Holmes who had money placed in his hands for that purpose. I did not make any bargain with the quaker. I do not know who he was but money had been placed in Col Holmes hands for the purpose of providing substitutes for such persons as were drafted and would not march. I started from Winchester above or on the way fell in with one or two others who were hired in the same way and marched with them to headquarters. Col Holmes had given me a paper authorizing me to draw provisions on the road till I came to headquarters. We joined headquarters about four miles after we crossed (illegible) River. Then I entered Captain John Bells  company in Col Darks regiment Gens LaFayette and Muhlenburgh were at headquarters with a number of troops under their command. From (illegible) River we marched through the county until we came near Albemarle barracks but our march was not in a direct line from near the (illegible) to the last named place. We were pursued by the British until we were joined by Gel Wayne near Albemarles barracks, when the British left the pursuit of us and marched slowly to Little York. While on this (illegible) we were twice drawn out in the line of battle but no engagement took place. The British went to Little York and we went to Williamsburgh after we had been there nearly a week Gel. Washington came
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The State of Ohio, Clermont [illegible]
May Term 1833
"On the sixth day of May 1833 personally appeared in open Court James Carter an applicant for the benefit of the act of Congress in relation to pensions passed June 7th 1832 and the said Court do hereby declare their opinion after the investigation of the matter and after having seen that the interrogatories prescribed by the war department were properly answered 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 Abraham Chaplin and Ebenezer Hadly who have signed the preceding certificate are credible persons resident in Wayne Township in the County of Clermont Ohio and that their statement is entitled to credit"

I Jonathan D Morris Clerk of the Court of Common Pleas in and for the County of Clermont Ohio do hereby certify that the forgoing contains the original proceedings of the said Court in the matter of the application of James Carter for a pension.
In Testimony whereof, I have hereunto set my hand and affixed the seal of said Court this 20th day of May AD 1833.
J.D. Morris Clerk
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No 25507
James Carter Clermont County 
Ohio

(illegible) 9 months

Jno. D. Morris Clk Clermont County Ohio
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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, shewing the Service of James Carter Clermont County Ohio
Period when the service was rendered   |   Duration of the claimant's service.   |   Rank of the claimant.   |   Name and rank of the field officers under whom he served.   |   Age at present and place of abode where he entered the service.   |   Proof by which the declaration is supported.
Drafted 1777   |   3 months   |   private   |   Gen. Wayne Cap Nisewanger   |   77 years   |   Traditionary evidence papers correctly Attached
Drafted 1781   |   3 months   |   "   |   Cap Bell, Col Dark   |   Winchester County   |   ___
Sub "   |   3 months   |   Col Holmes, Cap Bell Col Dark,   |   Virginia   |   ___

I am respectfully,
YOur obedient servant,
J. L. EDWARDS,
 Commissioner of Pensions.
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 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 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. 0 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 the 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 } County of } ss. On the _____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. [pointing hand symbol]This form is to be varied as 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 a least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstance 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
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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 traditionary 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, of 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 [illegible] 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 resided.  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 that the periods mentioned below, and in the following grades:  __ For ____ year _____ months, and _____days, I served as a_____.  For ____ year _____ 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 not 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.
  The notes from [a] to [i] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in note [j] applies to continental troops only.
 [k] This traditionary evidence is indispensable in militia cases.
 [l] If a witness cannot be found, the declarant must state the fact.
 [m] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.
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Declaration
In order to obtain the benefit of the act of Congress
granting pensions to soldiers of the Revolutionary

County Lewis to hear of Revolutionary-
Elders who received having under the Law
of Jan 7th 1832 and whatever other act or
acts of Confect may confer upon
to
merent applicated a right to a
State of Ohio
by
Count County Personally
appeared in open Court before the County
Common Pleas in & for said County
and in seeking to this fourth day
---
┃ November in the year of one and the
housand eight hundred and forty three
Eleanor Carter a resident of said County and
State and Sixty eight years on the third by
┃ November next hereafter. Who being first duly
sworn according to law doth on her oath make
the following declaration in order to obtain
person or one and States that James Carter
war as she verily believes a soldier in the war
of the Revolution and as said that he then
being under the law as he shares of ┃
┃ June seventh eighteen hundred and forty three of
thirty dollars per acctin diving his hatteral
life that the cannot state the particular
of his dice but it asks be to
refer to his declaration & here of by me
made an order to obtain said Consin
we belive he file in the office
┃ herefor in Washington City & also to rest in
cate ficatakin after his death was
owned by her apart to the agent
bayon felt in Cincinati
State of Ohio while believes is
Page 19

ev. an 1812
ars Section
         MCS/MGA

                                                               July 19, 1929

              Mrs. John B. Doughman
                      Blanchester,
                            Ohio


    Dear Madam:
                    I advise you that from the papers in the revolutionary war pension claims, R. 1745, it appears that James Carter was born in February 1756, in Chester County Pennsylvania. When about nine years of age he moved to Winchester, Frederick County, Virginia.   
               While a resident of that place enlisted an serve as a private with the Virginia troops as follows:
          In the fall of 1777 about three months in Captain Fleury Hisewanger's Company: in the spring of 1781 three months in Captain John Bell's Company, Colonel Darke's Regiment.
         From Frederick County, Virginia he moved to Warren County, Ohio and from there to Clermont County Ohio.
         He was allowed pension on his application executed May 6.
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R
V

1833, at which time he was a resident of Wayne Township, Clermont County Ohio.
         He died June 6, 1842 in Clermont County, Ohio. The soldier married in September 1626 [crossed out :Blinor] Eleanor (her maiden name not given) who was born November 3, 1776.
In 1843 she was a resident of Clermont County, Ohio. Joshua Carter, a son of the soldier, was twenty-eight years of age in 1843. The name of his mother is not given.

Very truly yours,
HARL D. CHURCH
commissioner.
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1929 July 19 hist to Mrs Jno B Doughman  m.c.s.

1,743  REJECTED

P.O. Eleanor Carter
Wid of James
Service:

Enlisted: ____, 18__
Discharged: ___, 18__
Application filed: ___, 18__

[marked out: Alleges]
List of rejected claims printed in 1852 shows cause of rejection as follows:  "Married after the limits of the laws."
[marked out: Re-enlisted]
Attorney: ___
P.O. ___
___ Recognized, ___ Contract.
___Cert. of Dis. Searched for ___, 18__
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10372
Eleanor Carter
James
Ohio

Rejected
letter of J Joliffe 3. Sep. 1844

1743
Act 7th July '38
Page 23

10372
Eleanor Carter
widow of
James Carter
dec'd of
Clermont County
Ohio
application 
for a pension

John Joliffe
Cincinatti
Ohio
Page 25

J. Joliffe
3 Sep. 1844
Page 26

39
Pension Office
Sep. [marked out: Aug] 3. 44.
Sir.
The papers in the case of Elleanor Carter widow of James Carter claiming a pension under the act of 7th July '38 have been examined and filed. Accordding to the claimants own [illegible] the claimant is not entitled to a pension. All widows must have been married before the 1st of Jany 1794 to be entitled to a pension. The claimant says she was not married until the month of September 1826 consequently she has no claim upon the department. this claim is disallowed.
John Jolliffe Esqr
Cincinnati
Ohio

10372
Act of July '38
Page 27

Hon J. L. Edwards
Commissioner of
Pensions
Washington City
DC
Page 28

Cincinnati Ohio
January 4th 1844
Hon J. L. Edwards
Commissioner of Pensions

Sir
I herewith enclose the applications of Jane Lewis & Eleanor Carter widows both of whom reside in Clermont County Ohio for pensions
Very Respectfully
John Joliffe
Page 29

U. S. Pension Dept
Record Division
Rev. War Records Sec
Commissioner of Pensions

Dear Sir;
 Will you please give me the record of James Carter, who received a pension in 1840 in Wayne Twp Clermont CO. Ohio. Post office probably was Edenton, O and oblige
Mrs. John B. Doughman
Blanchester
Ohio.