Revolutionary War Pension and Bounty Land Warrant Application File S. 7619, for John Stewart, North Carolina
Page 1

John Stewart S7619

page 1
(3-1776)
SERVICE
N. C.

Stewart, John

NUMBER
S.7619

carded
CONTENTS
Page 2

16.29[page damage]
North Carolina
John Stewart
of Iredell – in the State of N. Car.
who was a pr: – in the --command[ed]
by Captain – of the Regt. commanded
by Col: Locke – in the N.C. –
line for 13½ months –

Inscribed on the Roll of North Carolina
at the rate of 45 Dollars – Cents per annu[m]
to commence on the 4th day of March, 1831.

Certificate of Pension issued the 24 day of July 18[page damage]
and sent to J. Falls
Statesville. N.C.

Arrears to the 4th of March 1833        90-
Semi-ann. allowance ending 4 Sept. – 22.50
[total]                                                  $112.50

{Revolutionary Claim, }
{Act June 7, 1832.       }
Recorded by N. Rice Clerk
Book E Vol. 6 Page 56
Page 3

State of North Carolina )
Iredell County                )
Court of Pleas & Quarter Sessions
August Term 1832
On this twentyeth [twentieth] day of August eighteen
hundred & thirty two personally appeared in open
Court, before Ja Campbell, Wm. McFeat & Wm. F. Cowan
the Court of Iredell County now sitting John Stewart
a resident of the County of Iredell and State of North
Carolina, aged Seventy six 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 act of Congress passed June 7th
1832, That he entered the service of the United
States under the following named officers, and
served as herein stated.
This applicant saith that Rutherford was a
Brigadier General at the time he entered the
service and was his commander.  That
Francis Locke was Col. and that James Per
-vines was his Capt. that he can not recollect
the year or month in which he entered
the service, and during his past campaign
he was not engaged in any battles -- that he
lived in the County of Rowan and State of
N. Carolina, ["that he was drafted" is crossed out] that
he served during this campaign more than
three months, that he marched through
Salisbury and Montgomery Counties for the
Country which now constitutes Montgomery
County, that he marched thence to Cross
Creek where they dispersed the Tories now the site of Fayetteville N. Carolina.
This applicant further saith that he served
at another time three months under the
officers above mentioned, & that at this time he lived in
the County of Rowan and State of N. Carolina
and that he marched through Salisbury
Page 4

and thence on to Cross Creek against the Tories now Fayette-
ville in the state of N. Carolina, that he does
not recollect nor is he able to ascertain the time
when he entered this Campaign nor does he
recollect when he ["was discharged as recollects when" is crossed out] 
left the service, and that during this
second Campaign He was not engaged in any
battles -- This applicant further saith that
he served another Campaign under the
officers above mentioned, that he served
three months that he entered the service at
this time in September 1781 - That he marched
through Salisbury, thence on to Wilmington
in the State of North Carolina.  And that
he left the service in November 1781
And that he never had any written dis-
-charge, but that when they were discharged
from the service, Genl. Rutherford offered
as many of the Soldiers would remain
one half bushel of salt, this applicant further
saith that he has no documentary evidence of
his services whatever. That he was draf-
-ted in this latter campaign and that he
served about three months - This applicant fur-
saith that he volunteered to fight the Cherokee
Indians and that he left home in August
1776 and that he returned some time in
November of that year that at the time of his volunteer-
-ing he lived in the County of ["Iredell" is crossed out] Rowan North
Carolina. That Genl. Rutherford was the com-
-mander that Francis Locke was the Colonel and
Major Pervines was the Capt. And that ["they had" is crossed out] 
he was not concerned in any battles with the Indi-
ans - This applicant further saith that he
served another campaign in the year he does not
recollect - That Genl. Davidson was the comman
Page 5

-der & Capt Thomas Morrison the other officer
under whom he serviced -- that ["they were" is crossed out] he was present
in the engagement in which Genl Davidson was
killed, and that he served about six
weeks at that time, that he volunteered and
that he can not tell with accuracy the year in
which he was dispersed nor the month, that at
this time as at all other times at which your
applicant was called on to review service he
was an inhabitant of the County of Rowan ["Iredell" is crossed out] and
State of North Carolina
1st When and in what year were you born?
I was born in Virginia and Augusta County
I am now about 76 years old 
2nd Have you any record of your age & if so where
is it? I have none
3rd Where were you living when called into service
Where have you lived since the revolutionary
war and where do you now live? I lived then
in the County of ["Iredell" is crossed out] Rowan State of N. Carolina &
have lived ["there ever since & now live" is crossed out] 
ever since the revolution in Iredell County
N. Carolina which County at the time of the Revo-
-lution was a part of Rowan
Answer 4th
I was sometimes on a tour and sometimes
volunteered as will more fully appear by reference
to my declaration above-
5th Answer
I cannot state any of the names of the regular
officers. I can recollect none but the malitia [militia] officers
under whom I served whose names I have
given -
6th Answer-
I never recd. a discharge from the service
in writing
Page 6

7th answer--
Capt William Feimster and Jeremiah
Scroggs are persons that I am well acquain
ted
John his x mark Stewart
Sworn & Subscribed
in open Court the day
our written.
A. Simonton Clk
We A. Simonton William Feimster and Jeremiah Scroggs residing
in the County of Iredell and State of N. Carolina hereby cer
tify, that we are well acquainted with John Stewart
who has subscribed and sworn to the above declaration, that
we believe him to be seventy six years of age, that he
is reputed and believed, in the neighborhood where
he resides to have been a soldier of the revolution & that 
they concur in that opinion ["& we believe this applicant served more 
than four months" is crossed out}
Sworn & subscribed the day & year aforesaid
A Simonton
Jeremiah Scroggs
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 appli
-cant was a revolutionary soldier, and served as he states
and the Court further certifies that it appears to them that
William Feimster and Jeremiah Scroggs are credible
persons and that their statements are entitled to
credit-
J Campbell Ck.
I A Simonton Clerk of the County Court of
Iredell do hereby certify that the foregoing contains
the original proceedings in the matter of the appli
cation of John Stewart for a pension
In Testimony whereof I have hereunto set my hand
and seal of office this 31st day of August 1832
A Simonton Clk
Page 7

John Stewart
N. Carolina
No. 9535.

RL

d. c.
Admit as a private

94 1/2
13 1/2 mo __  $45.00

T. Falls
Statesville
N.Car
Page 8

[printed form, handwritten responses]
WAR DEPARTMENT,
Pension Office,
Apl 25 1833

Sir:
The evidence in support of your claim, under the act of June 7, 1832, has
been examined, and the papers are herewith returned. The following is a statement of
your case in a tabular form. On comparing these papers with the following rules, and
the 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.  These points to which your attention is more particularly directed,
you will find marked in the margin with a brace, (thus: }).  You will, when
you return your papers to this Department, send this printed letter with them; and
you will, by complying with this request, greatly facilitate the investigation of your
claim.

A Statement, shewing the Service of John Stewart
[column headings:  Period when the service was rendered.  Duration of the claimant's service.  Years.  Months.  Days.  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.  County 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.]

[no period of service given].  3 [months]. Pri.  Capt. Ias Pervines.  Brig. Genl Rutherford, Col. F. Locke. [no battles named].  Salisbury & Montgomery Cos.  76 years. Rowan Co. N.C. Traditionary

[no period of service given].  3 [months].  Pri. [Capt. Ias Pervines].  [Brig. Genl Rutherford, Col. F. Locke]. [no battles named].  [Salisbury & Montgomery Cos.] 76 years. Rowan Co. N.C. Traditionary. [no names and rank of the General and Field officers] [no battles named] 

1781.  3 [months] Priv. Capt. Ias Pervines 

drafted.  about 3.  Priv.

Augst
1776 vol.  left in Nov of same year

vol.  about 6 weeks.  Priv.  Capt. Thos. Morrison & Genl Davidson.

I am, respectfully,
Your obedient servant,

J. L. EDWARDS,
Commissioner of Pensions.
Page 9

[printed form]
2

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 in 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, claim-
ing the benefit of this law as officers, non-commissioned officers, musicians or privates, will in the first in-
stance, 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 [blank] )
County of [blank]                              ) ss.
On this [blank] day of {blank] personally appeared (a) before [blank]
[blank] A. B. a resident (b) of [blank] in the county of [blank] and State, Territory or District
of [blank] aged (c) [blank] 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) [blank], with [blank] and
served in the [blank] (e) regiment of the [blank] 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 serv-
ed 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 enered [entered] the service; the battles, if any, in which he was engaged,
and the country through which he 
marched.  [point hand symbol] This form is to be varied so as to apply to the cases of officers and per-
sons 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 [blank]
Sworn to and subscribed the day and year aforesaid. 
A. B.
[And then will follow the certificate of the Court.]

And the said Court do hereby declare their opinion (g) that the above named applicant was a revolu-
tionary soldier, and served as he states.
I [blank] of the Court of [blank]
do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of
the application of [blank] for a pension.
In testimony whereof I have hereunto set my hand and seal of office (i) this [blank]
[blank] day of [blank] &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 [blank] and C. D. residing in (the same)
hereby certify, that we are well acquainted with [blank], who has
subscribed and sworn to the above declaration; that we believe him to be [blank]
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 Revo-
lutionary Soldier, and served as he states.  And the Court further certifies, that it appears to them that A. B.
[blank] who has signed the preceding certificate, is a clergyman, resident in the [blank]
and that C. D., who has also signed the same is a resident in the {blank]
and is a credible person, and that their statement is entitled to credit.
I, [blank] Clerk of the Court of [blank] do hereby certify that the foregoing
contains the original proceedings of the said Court, in the matter of the application of [blank]
for a pension.
In testimony whereof, I have hereunto set my hand and seal
[blank] of office, this [blank] day of [blank] &c.
Every applicant will produce the best proof in his power.  This is the original discharge or commis-
sion; 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 ser-
vices 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 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
Page 10

[printed form]
3
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 at-
tempted; 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 (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 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 giv-
en 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 tes-
tify 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 char-
acter 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 be-
fore 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 pro-
cure, 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 fol-
low the rule laid down for his guidance.
[b] The declarant must made 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 au-
thority; 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 pub-
lic 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 con-
tains 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 wit-
nesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
[pointing finger] The notes from [a] to [i] are all equally applicable to the case 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.
The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.
Page 11

North Carolina
Iredell County
Personally appeared before the under
-signed a justice of the Peac of the County &
State aforsd. John Stewart who being duly sworn
deposeth and saith that by reason of old age and
consequent loss of memory he can not swear posi
-tively as to the precise length of time which he
served; but according to the best of his recollec
-tion he served not less than the periods mentioned 
below and in the following grades--
For nine months under the officers and at the
periods mentioned in this your applicants de
-claration I served as a private being drafted
during these same months--And for four months
and a half I served as a private under the offi
-cers and at the periods mentioned in your appli
-cants declaration which is herewith returned
as a voluntee in the horse
and for such service I claim a pension.

This applicant saith that there is no clergy
-man whose evidence or affidavit he can procure
as to his service in the Revolutionary war

This applicant hereby relinquishes every claim
whatsoever to a pension or an annuity, except the present
and declares that his name is not on the pension Roll
of any agency in any State or if any on that of the 
of the State of N. Carolina. The department will
perform an inspection of the papers & declaration
Page 12

that there are two sets of certificate and
affidavits, which the applicant forward out of
abundant caution
He says that his first Service was at the commencement
of the war and that his last tour was at the close
thereof, that the several campaigns in which he served
he cannot set forth more particularly than he hath done
the time in which he performed those Services.
John his x mark Stewart
Sworn & Subscribed this 27 day
of May 1833
J. Campbell J.P.

I Abraham Simonton Clerk of the Court of pleas and quarter
Sessions of Iredell County aforesaid do hereby certify that
James Campbell before whom the foregoing Affidavit was
made is an acting Justice of the peace in and for
Said County and that his Signature thereto is genuine
In Testimony whereof I have hereunto set my hands
and Seal of Office at Statesville
this 28th day of May 1833
A Simonton Clk
Page 13

The William Feimster and Jeremiah Scroggs residing
in the County of Iredell and State of N. Carolina
that we are well acquainted with John Stewart
who has subscribed and sworn to the above decla
-ration that we believe him to be seventy six
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
an in that opinion
Sworn & subscribed the day & year above written
Wm. Feimster
Jeremiah Scroggs
And the said Court do hereby [word crossed out] 
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 the states. And the
Court further certifies, that it appears to
them that Wm. Feimster and Jeramiah Scroggs
are residents of the County of Iredell and
State of N. Carolina, that they are credible per-
-sons, and that their statements are en-
-titled to credit — William McFeat Chman

Wm. Feimster further certifies that the
War of the revolution he was in the
service with this applicant and that
he believes that applicant undertook
all the service herein stated. — Jeramiah
Scroggs also states on oath that he served in
most of the campaigns mentioned by the
applicant
Wm. Feimster
Jeremiah Scroggs
Sworn to & subscribed.
Page 14

[" I John Stewart do hereby relinquish every claim whatever
to a pension or an annuity, except the present and de-
clare that my name is not on the Pension Roll of any agency in
and State (if any) only on that of the agency of No. Caroli
-na
Sworn & subscribed [blank] day of May 1833" is crossed out]

I A Simonton Clerk of the County Court of Iredell do hereby
certify that the foregoing contains the original proceedings of the
said court in the matter of the application for a pension of
In Testimony whereof I have hereunder set my hand and seal of office
this 31st day of August 1832
A Simonton CCK

John Stewart 

9535
2
John Stewarts
Declaration 
for
Pension
Page 15

Nov. 20-901
Geo. C. Stewart
Genl. Land Office.

Rev War

7619
V
INVALID
Our

File No. 7619
John Stewart
Priv Rev War

Act: June 7th 1832
Index:--Vol. 1st, Page 358
{Arrangement of 1870.]