Revolutionary War Pension and Bounty Land Warrant Application File R. 5296, John Howel, N.C. Va.
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(3 - 1776)

SERVICE
N.C. Va.

Howel, [Howell] John

NUMBER
R. 5296.

CONTENTS ----
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State of N. Carolina }
 Surry County          }

On the 9th day of February 1846. Be it Known that before me William Zachary, an acting justice of the peace in and for the County of Surry aforesaid and personally appeared Lotty Forkner, who being first duly sworn according to law to declare what she knows of hir [her] Brother John Howel [Howell] serving as a Soldier of the Revolution, She declares on hir [her] Oath that She and her Brother John Howel lived in Henry County and State of Virginia but is now Patrick County with their Father Paul Howel [Howell] on Dan River and my brother John Howel. Started to Service on Sunday for two other Sisters and myself went with him some two miles or moore [more] and my Brother John went into service, under Capt. Jonathan Hanby and I don’t recollect what officers he served under after that time neither do I recolect [recollect] the numbers of years he was gone but he was gone a long time and when he returned he told of
many Battles he had been in I remember he
said he was in the Battle at Guilford and
further She sayeth not and subscribed before me the day and year above written.  

 Lotty [her X mark] Forkner 

W. Zachary J.P.

I do further testify that Lotty Forkner
is a woman of veracity for truth and
honesty given under my hand and seal
This the 9th day of February 1846.
Wm Zachary J.P.  [seal]
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State of North Carolina }
Surry County                 }
   I Francis K. Armstrong, Clerk of the Court of Pleas and Quarter Sessions for said County of Surry, do certify that William Zachary, whose signature appears to the written Deposition is and was at the time he signed the same, an acting Justice of the Peace for said County of Surry.
   In testimony whereof I have hereunto set my hand and have affixed the seal of my office at office the 10th Feby. [February] 1846 
  F. K. Armstrong Clk
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State of North Carolina}
County of Stokes          } SS

     Be it known on this 17th day of April 1846, personally appeared before me Charles Banner, a Justice of the peace in & for the county aforesaid, Howell Hartgrove a pensioner of the U. States & a relation of a certain John Howell, who has signified  that he has made his declaration for a pension also, & the said Howell Hartgrove being duly sworn, declares on his oath, that he always understood from common report of his said Hartgroves father James Hartgrove & his Mother who whose maiden name was Howell, that the aforesaid John Howell enlisted as a private soldier in the North Carolina Continental Service first for three years but continued in the Service untill [until] the end of the Revolutionary War; and that he had a Brother Frederick Howell also enlisted & died or was killd [killed]. while in Service the date this depont. [deponent] cannot recollect. But that he said John Howell fell heir to Frederick Howells Bounty of land & received a land warrt. [warrant] for the same as well as his own bounty & said he was cheated or foold. [fooled] out of both, he has not seen sd. [said] John Howell for upwards of one year past, but when he saw him he conversed with him on the subject of his making application for a Pension & directed him to apply to myself to draw his declaration. he askd. [asked] him many questions concerning his being in Battles of which he could recollect. But could not remember all the captains or under officers names under whom he served; and appeared like he was in his dotage & lost his memory in a great degree; tho he said he first served in the Militia under a Capt. Hanby of Henry County, Va.  & enlisted while in that service under a Sargent, he don’t remember his name, but it was at Carmichaels Ford on Dan River in the then Surry County, N.C. then went Southwardly he thinks he sd. [said] Genl. Howell said he was in the Battle of Bryer [Brier] Creek & Guilford, in this last he was wounded in one of his legs, & showed the scar and from his narative [narrative] together with the report of other
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other credible persons. This Deponant [Deponent] has just reason to believe that said John Howell served in the war as he stated he had done - Sworn to & Subscribed this day & year first above mentioned before me 
 Howell [his X mark] Hartgrove
 C. Banner J.P.  

I hereby certify that Howell Hartgrove who swore & subscribed the above affadavit  [affidavit] is esteemed as a person of good character for veracity & truth in this County & neighborhood where he now resides & where he has resided for upwards of fifty years past & is a Pensioner of the U. States. I further certify that John Howel [Howell] the applicant for a Pension, seemed like he had lost his memory in a great degree when I wrote his declaration, & I was very much puzzled to get his true meaning, he thought he enlisted under one of Genl. Greens Sargents and afterwards stated that he joined Greens Army not long before the Battle of Guilford in this I expect the old man was correct. Given under my hand this 17 day of April 1846
C. Banner J.P.

State of North Carolina }
Strokes County              }
I John Hill Clerk of the Court of pleas & quarter Sessions for Stokes County certify that Charles Banner is a magistrate as above, and that the forgoing signatures are genuine.

In testimony where of I have hereunto affixed my seal of office & subscribed my name this 4th day of May 1846
John Hill Clerk
By C. H. Nelson D.C.
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State of North Carolina }
Stokes County               } s.s.

On this day 17th Day of June 1844 Personally appeared before me Charles Banner a justice of the peace in and for the Country aforesaid John Howel [Howell] at his place of residence in said county aged Eighty three years last October, who is from bodily infirmity from the Gravil & Rheumatic pains was unable to attend Court to make this his declaration which he intended to do last week, but was not able to go, who being 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 the 7th of June 1832, that he has recently removed from Tazwell [Tazewell] County, Virginia where he had no opportunity of making application or witness to prove his services for a Pension, he states that he entered the service of the United States under the following named officers and Served as hereinafter stated to the best of his recollection (to wit) first he entered the service as a private drafted Militia Soldier in the County of Henry in the State of Virginia in the Spring of the year he thinks in the year 1777 and Served a three month tour under a Capt. Jonathan Hanby & Lieutenant Edward Tatum in Col. Abram Penns Regiment met & rendezvous at Henry Court house. Marched from there through the Country ranging in pursuit of Tories to the head waters of Dan River. Then Southwardly under & rear the Blue Ridge of mountains to the head of Fishers River and down the same in Surry County N. Carolina to the big Yadkin River across the same & through the Fox Knobs & down & crossing the river again at Glenns Ford the Tories fled & secreted themselves in the mountains and on the expiration of my three months Service & returning home to Henry County, at Carmicals [Carmichaels] Ford on Dan River in the then Surry now Strokes County N. Carolina was met with a part of Genl. Greens Army. When and where this applicant with eleven others of his company in the Militia enlisted as Regular Soldiers under a Lieutenant or Sargent named--Campbell in Genl. Greens army for the term of five years in Col. Blacks Regimt. [Regiment] about four hundred in number & marchd. [marched] under his command to Salisbury & through Charlotte N. Carolina into South Carolina and joined Genl. Rutherfords army at head headquarters at a place called Richardsons Hill
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Hill in S. Carolina, where said head quarters had continued for a consider [considerable] length of time as I understood, from which place a detachment under the command of a Major Hamilton was sent, this applicant being one of them, after a Tory officer who commanded a Company or Regiment of Tories pursued said Tories into Georgia, but never overtook them. Then returned to head quarters at Richds. [Richardsons] Hill. Shortly after this we marchd. [marched] towards Savannah River and I was in the Battle of Brier Creek some time in Febr [February] or March the date not recollected, from thence we marched to & fro, through strange and swampy Regions of South Carolina, and I was many times sent with detachments in different directions & routes which from the length of time & his failing of memory he cannot name the places but after a long time they joind. [joined] Genl. Greens Army some length of time before The Battle of Guilford in North Carolina at which place he was ingaged [engaged] in said Battle and recd. a wound by a ball shot through the calf of his right light leg the scar of which he now shows tho; the bone was not fractured. from thence marchd. [marched] towards Wilmington to Cape Fear River then towards S. Carolina across Pee Dee River, and to Congaree River and was at a siege of eight or nine days taking a British & Tory fort on sd. Congaree River I think the fort was calld. [called] the Scotch lake fort the enemy surrendered & we took forty odd prisoners then we marched up the river to a fort calld. [called] Thompsons Fort, where we were engaged four or five days before the British & Tories surrendered the date I cannot recollect, but marched up said River & took another fort calld. [called] Frydays Fort, and shortly afterwards I was at the siege of 96 under the command of Genl. Green soon after said siege this applicant with part of his fellow soldiers who enlisted with him recd. [received] written discharges from Genl. Green and his officers, after having served four years eight & a few days. (which said discharge he has lost) from thence he returned home to Henry County Virginia, and when he arive [arrived] home his father Paul Howel [Howell] was drafted to go a tour towards little Yourk [York] when this applicant substituted himself & went in his Fathers place under the command of Capt. George Hairston and marchd. [marched] from Henry Court house Va. as far as a place calld. [called] the Natural bridge across a creek in Rockbridge County Virginia where we met an express informing that Lord Cornwallis had surrendered, when we were discharged and
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and returned home in this service he served only three weeks as a subsatute [substitute] for his Father Paul Howel [Howell]. for all of which serving he claims a pention [pension] that is to say, first three months as a private Virginia Militia Soldier, 2nd four years & eight months in the Continental Line of Regulars as a private altho [although] he served as a Lieutenant from the time of Guilford Battle where he recd. a wound untill [until] he was discharged at 96 but has no documentary evidence to prove that fact, unless it appears on the Books or Roll in the War office of the U. States to which he begs to refer the officers of that department 3d. the last Service for only three weeks as a private militia Soldier in Virginia under Capt. Geo. Hairston.  he thinks he can prove his regular Service by a certain Morris Richards & his Sister Sally Forkner of Surry County N.C. he lost all his papers some years past by fire where he had deposited them in a friends cabbin [cabin] that was burned.  Interogatores [interrogators] being put agreeable to directions required by the war department ([?] first) he say he was born in Maryland in the year ([illegible] [re]collect the County as he was very small when his Father moved from there to Virginia 
2nd he has no record of his age
3rd his home was at his Father Paul Howels in Henry County in Virginia when he entered and ended his services above mentioned
4th he first was a drafted militia soldier, next enlisted & last a Substitute in the Virginia militia.
5th he first served in Colo. Penns Regimt. [Regiment]. of Militia also the last service.  But the Regular Service he cannot remember the No. of the Regimt. [Regiment] first in Colo. Blacks Regimt. [Regiment] in Genl. Greens & some times Genl. Rutherfords army under various Captains not recollected & magers [majors] he remembers a Mager [Major] Hamilton but from the loss of memory & old age cannot name the under officers he was acquainted with 
7th he has but few old acquaintances now living that can Testify as he knows of as to his character & only Morris Richards & John Forkner near Stokes County line, and no Clergiman [Clergyman] convenient he himself belongs to the Babtist [Baptist] Church.
and hereby relinquishes every claim whatever to a pension or annuity except the present, and declares that his name is not on the pension Roll of the agency of any state in
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In any of the States.  Sworn to and Subscribed the day & year first above mentioned before me.
John Howel [Howell] [his X mark]
C. Banner J.P.

I certify that the aforesaid John Howel is very infirm & unable to get out of his room without help  C. Banner J.P.

State of North Carolina }
Stokes County               }  SS

  I John Hill Clerk of the Court of pleas and quarter sessions for said County certify that Charles Banner is a Magistrate as above, and the foregoing signatures purporting to be his are genuine.
   In Testimony whereof I have hereunto affixed my seal of office and subscribed my name this 23rd day of February AD 1846
   John Hill Clerk
   By C. H. Nelson D.C.
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State of North Carolina }
Stokes County               } s.s.

We John Forkner & Morris Richards Citizens of Surry County N. Carolina near Stokes County aforesaid came over into Stokes for this purpose, do hereby certify on oath that we have been acquainted with John Howel [Howell] who has Sworn & Subscribed his declaration for a pension bearing date the the 17th of June 1844 who is unable to travel that we believe him to be eighty three or four years of age, as he has stated, and that he is reputed and believed. And I the said Morris Richards know it of my own knowledge as I served with him a long time in the Continental Services to be a Soldier of the Revolution and Served as he has stated and his acquaintances as well as ourselves concur in that opinion, which declaration herewith annexed-Sworn & Subscribed this 7th day of September 1844
John Forkner [his X mark]
Morris Richards [his X mark]

C. Banner J.P.

N. Carolina      }
Stokes County }

I Charles Banner, a Justice of the Peace in the County aforesaid do hereby certify that I am well acquainted with the above named John Forkner and Morris Richards who swore to & subscribed the above, that they are reputed and believed in the neighborhood of Surry & Stokes County where they live to be good honest citizens of veracity & truth, and I concur in that opinion, given under my hand this 7th Day of September 1844

C. Banner J.P.
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REJECTED 5296
P. O. John Howell
Service: ----
Enlisted: ----, 18
Discharged: ----, 18
Application filed: ----, 18
Alleges: ----
Re-enlisted: ----
Attorney: ----
P. O. ----
---- Recognized.
---- Contract.
---- Cert. of Dis. 
Searched for ----, 18
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V 129H
Mary Howel [Howell]
John Howel [Howell] 
Sent to E. F. Brown
August 21 1846 
5297
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H 197
John Howell
N.C.
Sent to you D. S. Reid 
March 19th 1846
Same Feb. 22nd 1847
5296
Ad 7th Day June 1832
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State of North Carolina 
Office of Secretary of State

I, William Hill, Secretary of State, in and for the State of North Carolina, do hereby certify, that it appears from the muster-rolls of the Continental Line of this State, in the Revolutionary War, that John Howell a private soldier in Capt. Hales Company of the Second Regiment, entered the service on the 17th day of June 1777, for the term of three years in the war, and that a warrant for his services was issued in November 1784, for 640 Acres of land No. 1442

Given under my hand this 28th day of April 1846.
W. Hill Secretary of State
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Ho: Rep's,
Washington, Jan 30, 1847.

Sir,

I enclose you a letter from C. Banner enclosing to me additional evidence in the case of John Howell. Please examine the case and let me know the result. C. Banner says he sent me the certificate of the Sec. of State of N.C. and if he did I sent it to you. If you have not received it please inform me of the fact. 

I am, very respectfully, 
Your obt. servt. 
David S. Reid 

Hon: J. L. Edwards
Com. of Pensions
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Pension Office
May 19th, 1846

Sir,
   I have the honor to inform you, that the application of John Howell, of Stokes County, North Carolina, derives no support whatever from the certificate of the Secretary of State of that State, enclosed with yours of the 4th inst.
   Agreeably to claimant's declaration, his Continental Services terminated shortly after the battle of Ninety Six, which took place in June 1781. He alleged also that he was engaged at the Siege of Yorktown, as a substitute for his Father. 
   John Howell of Capt. Hales company of The 2nd Regiment enlisted in 1777, and served to the end of the war, for which he received bounty land, and the gratuity of $80. as a reward due to his high military merit. It is very clear, therefore, that this individual was a different man from applicant, and unless the requisitions contained in my communication to you of the 19th March last he complied with
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in every essential particular, this claim cannot be allowed. 
   No mention has heretofore been made of bounty land having been granted to claimant, nor does it appear that there was a Col. Black belonging to the North Carolina Line. It is certain he did not command the 2nd Regiment.

I have the honor to be 
Sir, Very Respectfully
Your obt. Servant, 
J. L. Edwards

Hon. D. S. Reid,
House of Reps.
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Pension Office
March 19th 1846

Sir,
   I have the honor to inform you that the papers in support of the claim of John Howell have been examined and filed.  He alleges that while in service in North Carolina as a Virginia Militia man, in 1777, he enlisted for five years in "Genl. Green's Army" and Col. Black's Regiment of Genl. Rutherford's Brigade and served until sometime after the battle of Guilford.  This statement of itself, is calculated to condemn a claim asserted now for the first time for as much service in a District to which he has recently removed. "Genl. Green's Army" was not in the Field in 1777.  He took command last of October 1780, of the Southern forces which were composed of the Regulars and Militia contributed by the several states.  He is required to show, 1st., under what State he enlisted & 2nd. that such state had enlistments for five years, 3rd that Black was a colonel therein, and fourth, to confirm this extraordinary allegation of service, by the rolls of the Line in which he alleges he served.  There are records of all
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the Southern Lines of the Continental Army in the hands of the several states respectively, and the rules require the best attainable evidence in all cases, but particularly in one of the character of this and presented under such circumstances.
    I have the honor to be
   Very respectfully,
   Your Obt. Servt.
   J. L. Edwards


Hon. D. S. Reid
House of Representatives
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Hon. D. S. Reid
Feby [February] 11, 1847
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Pen Off
Feby [February] 11, 47

Sir
   I have the honor in answer to your enquiry [inquiry] in the case of John Howell to inform you that the Secty. certificate refered [referred] to by C. Banner was transmitted to this office by you previous to my letter to you of 19 May last--
   The declaration of claimant affords conclusive evidence that he is not the John Howell designated in that certificate who was in service in the South when claimant alleges he was serving in the Va. militia to Yorktown.  He is clearly not entitled.

Hon D. S. Reid H.R.
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Ho: Representatives
Washington, May 11th, 1846.


Sir,

I have the honor to enclose you additional testimony in the case [begin underline] John Howell [end underline] whose papers have been heretofore filed in your office. Please examine the case and report me the result.

Very Respectfully [illegible]
David S. Reid

Hon: J. L. Edwards,
Com. of Pensions
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Washington
March 9, 1846

Sir,
   I herewith enclose you the Declaration of John Howell who is an applicant for a Pension.  Please examine his case at your earliest convenience and let me know the result.
   Inform me whether he is entitled to bounty land.
   Very respectfully,
   Your obt. Servt
   David S. Reid


Hon: J. L. Edwards
Com. of Pensions,
Washington City.
Page 24

State of North Carolina  }
County of Stokes            }  SS

   Be it known that on the 2nd day of December 1846 before me Charles Banner a Justice of the peace in and for the County aforesaid, personally appeared Daniel Wall Senr. aged eighty seven years a citizen of the aforesaid County and he being duly sworn according to law to state what he remembers of the services as a soldier of a certain John Howel [Howell] in the revolutionary war, declares on his oath that he was well acquainted with said John Howel [Howell] & his father Paul Howel [Howell] & family in Henry County Virginia when said John Howel was a young man & both belonged to Capt. Hanbys Company, when a draft took place for a militia company to march in pursuit of the Torys [Tories] then recruiting towards the mountains as was said in Virginia & North Carolina. The date he doest [doesn't] remember but it was two or three or four years after the commencement of said war, when said John Howel was drafted & went under Capt. Hanby in Colo. Penns Regmt. [Regiment] for a three months tour, which he believes he served fully, that time & returned home, & stated that he & several of the same Captains company had enlisted in the Continental Service of the U. States as Regular Soldiers in N. Carolina he stayed at home a few days & returned to join the army--his father & friends were very much displeased at his enlisting but he was gone nearly or quite five years & came home, in the time when this deponent was gone for a tour of three months when Cornwallis was taken in 1781 in the fall of the year, when & where this Deponent states that he saw Cornwallis Surrender to Genl. Washington he states that he saw said John Howels writen [written] discharge for five years service, that he mentioned several Battles that he had been engaged in to the South all of which he does not recollect, but one was at guilford [Guilford] Battle N. Carolina when he said he recd. [received] a wound in one of his legs, & showed the scar with a Scab on it.
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that he never saw said John Howel [Howell] since the said war or shortly after untill [until] last summer as this Deponant [Deponent] removed to Hallifax [Halifax] County & about 7 or 8 years ago to this County of Stokes where he now resides, that said John Howel calld [called] to see him last summer, when we chatted over all our old acquaintances, scenes & transactions as well as we could recollect, but said Howel appeared somewhat bewildered in his memory & could not remember half as much as I could. he said he had made application for a pension, and that he had been cheated out of Bounty of land by some Capt. Somebody in N. Carolina land office, but forgotten his name, that he believes that said John Howel served as he stated, but does not recollect all the officers names rightly that he enlisted & served under, but believes it was in the North Carolina line of Regulars &c [illegible] Sworn to & subscribed the day & year first above mentioned before me.
  Daniel [his X mark] Wall Senr.
  Charles Banner J.P.

N. Carolina      }
Stokes County }
   I Charles Banner a Justice of the peace in & for the County aforesaid, do hereby certify that I have been well acquainted with the above named Daniel Wall for seven years, that appears to retain a good memory & is an honest industrus [industrious] farmer, & is generally to be believed on his word & oath as a person of good morral [moral] character veracity & truth and I concur in that opinion given under my hand this 2nd day of December 1846.
Charles Banner J.P.
Page 26

North Carolina  }
Stokes County  }
   I John Hill clerk of the court of pleas and quarter sessions of Stokes County aforesaid certify that Charles Banner is a Magistrate as above, and that the foregoing signatures purporting to be his is genuine--
   In Testamony [Testimony] whereof I have hereunto affixed the seal of my office, and subscribed my name at office this 8th day of January A.D. 1847--
   John Hill Clerk
   By C. H. Nelson D.C.
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State of No. Carolina  }
Surry County              }
   
   This day came Henry Richards before us Jonathan Whitaker and James Lovill Two of the Acting Justices of the Peace for the County and State aforesaid and made Oath in due form of Law that he is and was well acquainted with John Howell in the time of the Revolutionary War that he the said Howel [Howell] was a Soldier in said War, and that he and was with him in the Battle at Gilford [Guilford] Courthouse further this deponant [deponent] sayeth not sworn and subscribed to before us this 24th of June 1844
     Morris [his X mark] Richards

Teste
J. Whitaker JP
James Lovill  JP

North Carolina  }
Surry County     }
   I do hereby certify that the above named Morris Richards who swore to & subscribed the above affadavit [affidavit] is a Pensioner of the United States, that he is from general character a person of veracity & truth and can be believed in whatever he declares on oath.  Given under my hand this 20th day of February 1846.
  J. Whitaker JP
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North Carolina  }
Surry County     }
   I Francis K. Armstrong Clerk of the Court of Pleas and Quarter Sessions for said county of Surry do certify that Jonathan Whitaker and James Lovill whose signatures appear to the foregoing affidavit (and certificates) were sworn and acting Magistrates, for said County of Surry, at the time they attested the same.
   In witness whereof I have hereto set my hand and have affixed the seal of my office at office the 21st February AD 1846
   F. K. Armstrong Clk 

Deposition of Morris Richards