Revolutionary War Pension and Bounty Land Warrant Application File S. 32,174, Joshua Cherry, N.C.
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N.C. Cherry, Joshua S.32,174
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[left side of page]
Letter to Hon A. T. Lyons and 
Auditor 8th Dec 1838- [illegible]
11 Dec 1838
______________________
Paid at the Treasury under [illegible]
act of the 6th April 1838 from 
4 March 1835 to 4 Sept 1837.
Notified 18 Dec 1838
__________________________
To Mobile Alabama from 4
March 1838 [crossed out September] - 11 Jany 1839- [illegible]
-fication sent to Hon A.S. Lyon H.R.-
_________________________-
paid at the treasury under the 
act of the 6. April 1838 from 
4 Sept 1837 to the 4 March 1838. Agt notified 25 Jany 18[illegible]
________________________
Date of death not on AR


[right side of page]
Alabama, Mobile 13999
[crossed out- West Tennessee]

Joshua Cherry
of Beford Co in the State of Tennessee 
who was a private in the company commanded
by Captain Chiles of the regiment commanded
by Col. Hogan in the N Carolina
line for 18 years and 6 months

___________________________
____________________________
Inscribed on the Roll of West Tennessee 
at the rate of 60 Dollars and - Cents per annum 
to commence on the 4th day of March, 1831.
______________________________
Certificate of Pension issued the 20 day of July
1833 and sent to 
J. McKisick Shelbyville
_____________________
Arrears to the 4th of March               120.00
semi-anl allowance ending 4 Sep       30.00
                                                                ______
                                                               $150.00
{Revolutionary Claims Act June 7, 183 [illegible}
Recorded by Danl Boyd Clerk
Book E Vol 7 Page 74
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Declaration In order to atain the concept of the art of congress passed June the 7th 1832 State of Tennessee Bedford County On this 6th day of August 1832 personally appraised before me James Billington One of the acting Justices of the peace in and for said County Joshua Cherry a resident of said County and State aforesaid Aged Seventy One Years, 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 the 7th (1832) That he entered the service of the [illegible] under the following named offices and Served as herein Stated This deponent States that according to the documents he received from his Father's family record he was born in the year 1761 February 15th in the State of North Carolina Martin County And in the Same County about the age of Seventeen he enlisted in the Service of the United as a Solider and served under Capt. Frances Chiles and Lieut. James Tatum regular officers in the third North Caroline regiment Commanded by Col James Hagon we rendezvous at Petersburg in Virginia  then
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marched through the states to New York- went [illegible] North [illegible] and built a fort at west point called Putmans [illegible] out from there to Philadelphia where we wintered and where his time expired  he was then placed on board a Vessel brought back to Virginia Suffolk, then to North Carolina Halpern where he was discharged but states that his discharged he cannot produce, but known he enlisted for nine months but served twelve before he was discharged  Which he thinks will be found on the Roll. This deponent further declares that in the year 1780 he entered the service again as a substitute in the militia lines in the place of a certain James Cattenhead of Pitt county North Carolina for the term of three months he was first under Capt Shoot  then under Capt Samuel Dudley and ended  his three months tour under Capt White and obtained his discharge which he cannot produce  the above Militia companies belonged to the third regiment of North Carolina militia commanded by Colonel Allen. Under Gen Caswell in this tour we marched for Charlestown but it was said we got within forty miles of that place when it was taken.
This deponent further declares that in the same year the fall season he entered the service as a substitute for Benjamin Burress
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who was drafted in the same county of Martin  North Carolina for three months and served the said tour of three months under Capt John Ballard and Lieut Isaac [illegible] under General A. Jones in this tour he states we marched to the upper part of the state of North Carolina and ended the tour in the State and obtained his discharge- which the  [illegible] of time as in the other tours has placed our of his [illegible] to produce.
     But for this declared that some few years past he thinks he could have obtained witnesses to have proved his actual service in the above tours but now believes they are all dead. One particular witness was Maj. Jame Tatum who died a few years ago in the town of Nashville Tenn. He 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.
Sworn to and subscribed the day and year aforesaid. [signed] Joshua Cherry (his mark)
J. Billington JP

We James  Y Green a Crlg. residing in the county of Bedford and State of Tennessee and Hugh Mclelen residing in the same hereby certify that we are well acquainted with
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Joshua Cherry who has subscribed and sworn to the above declaration that we believe him to be seventy one 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 to and subscribed the day and year aforesaid.  [signed] James Y Green   Hugh McClelan
J. Billington JP
I James Billington a Justice of the Peace for the County of Bedford and State aforesaid before whom the above declaration and certificates were sworn to, do declare my opinion after the final investigation of the matter and after putting the interrogatories prescribed by the war department that the above names applicant was  a Revolutionary Soldier and served as he states and further certify that James Y Green a clergyman and Hugh McClelan is residents in the county aforesaid and in the neighborhood of the said applicant and are creditable persons and their certificates is entitled to credit and do further certify that the said Joshua Cherry from bodily infirmity is not able to attend our county court - given under my hand and seal the above date
J. Billington JP
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Joshua Cherry, Application 
for transfer of penson from 
Tennessee to So. Ala
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application by Joshua Cherry for a transfer of his Pension from Tennessee to South Alabama-
The State of Alabama 
County of Marengo  }  ss

     On this sixth day of September in the year 1838 before me the subscriber a justice of the peace for the said county of Marengo personally appeared Joshua Cherry who on his oath declares , that he is the same person who formerly belonged to the company commanded by Captain Francis Childs in the Regiment Commanded by Colonel Hogan (he believes James Hogan) in the service of the United States;  that his name was placed on the pension roll of the state of Tennessee; from whence he has lately removed; that he now resides in the state of Alabama where he intends to remain and wishes his pension to be there payable in future- The following are his reasons for removing from Bedford County Tennessee to Marengo County in the state of Alabama- His son Jared W Cherry had previously removed to Alabama and with a view of living with or near his son and of bettering his [illegible] and improving his health by living in a souther climate he removed to Alabama in the summer of 1835.  [signed] Joshua Cherry (his mark)

Sworn and subscribed to before me the day and year aforesaid.  T J McFarland JP

John Ws Napier Witness  TL McFarland.
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The State of Alabama 
Marengo County ss. }

Before one Thomas J McFarland a Justice of the Peace in and for the county of Marengo and state aforesaid, personally came and appeared Thomas Small of said county who being duly sworn according to law depose, and says that he is well acquainted with Joshua Cherry who has sworn and subscribed to the written affidavit; that he knew the said Joshua Cherry in Tennessee in the year 1835 and in the summer of that year brought the said Joshua Cherry from Tennessee where he then resided to Marengo County Alabama where he now lives- This affiant further says that it is generally understood and believed by the acquaintances of the said Joshua Cherry that he is the identical person referred to in a pension certificate  now in his possession dated 20- July 1833. and signed by John Robb acting secretary of war [crossed out - was dated 20 July 1833]. and counter signed by J L Edwards Commissioner of Pensions No. 13999- whereby the said Joshua Cherry is allowed a pension at the rate of sixty dollars per annum-   [signed] Tho Small
Sworn to and subscribed before me on this 6- November 1838. And I certify the said Thomas Small to be a man of respectable character and entirely worthy of credit. [signed] T.J. McFarland JP

I Asa Robinson Clerk of the County Court for the County of Marengo and State of Alabama do hereby certify that  Tho. J. McFarland before whom the foregoing affidavits were taken by Joshua Cherry and Thomas Small is and was at the date thereof an acting justice of the peace in and for the county and state aforesaid, that his official acts are entitled to due faith and [illegible] - Witness my hand and seal of office this 12th day of Nov 1838-
[signed] Asa Robinson Clerk
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5433
Joshua Cherry
From- Private
1 yr and 6 months
$60
return
p290
16

11 MarchJames M Kisick
clk Bedford Co
Shelbyville Tenn
on Roll Sec W. Hills
Certif. additional evide.
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5433
Brief in the case of Joshua Cherry
County of Bedford in the State of Tennessee  (Act 7th June, 1832.)

1. Was the declaration made before a court or a Judge?  Justice
2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?  yes
3. How old is he?  71
4. State his service , as directed in the form annexed.
[document in table format]
Period. In 17 not stated   Duration of Service. 1 Years , -Months, -Days.   Rank. As a private   Names of General and Field Officers under whom he served. Gen Capt F. Chiles 3d NC regmt.

Period. sub. 1780  Duration of Service. - Years , 3 Months, -Days.   Rank. As a private  Names of General and Field Officers under whom he served. Gen Col. J Hogan

Period. ditto 1780   Duration of Service. -Years ,3Months, -Days.   Rank. As a  private  Names of General and Field Officers under whom he served. Gen Capt Shoot, Col Allen, Gen Caswell- Capt J Ballard, Col. Branch, Gen Jones

5. In what battles was he engaged? none
6. Where did he reside when he entered the service?  Pitt Cty N.C.
7. Is his statement supported by living witnesses, by documentary proof, by traditionary evidence, by incidental evidence, or by the rolls?  Traditionary, on Roll, see W. Hill's certificate with adddl evidence
8. Are the papers defective as to form or authentication? and if so, in what respect?  Correct

Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
F. Waugh  Examining Clerk
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July 24, 1937

Miss Mend Penn
Monticello
Georgia

Joshua Cherry
S. 32174
BA-J/MLB

Dear Madam:

Reference is made to your letter in which you request the record of Joshua Cherry who received pension and was living in Marengo County, Alabama, in 1840, also of A.Sutton, a pensioner of Emanuel County, Georgia, in 1840, both soldiers of the Revolutionary War.

Because of the great demand for Revolutionary War data and the limited trained clerical force available for furnishing such information, it is impossible to comply in full with each request. You are furnished herein the record of Joshua Cherry as found in pension claim, s. 32174, based upon his service in the Revolutionary War.

Joshua Cherry was born February 15, 1761, in Martin County North Carolina. The names of his parents are not stated.

While residing in Martin County, North Carolina, Joshua Cherry enlisted when about seventeen years of age, served as a private in Captain Francis Child's company, Colonel James Hogun's North Carolina regimen, assisted in building a fort a West Point, was then placed on board a vessel, brought back to Suffolk, Virginia, thence to Halifax, North Carolina, where he was discharged after having served twelve months. He again enlisted sometime in 1780, served as private under Captains Shoot, Samuel Dudley and white in Colonel Allen's North Carolina Regiment, and was discharged after having served a tour of three months. He enlisted in the fall of 1780 and served three months as private in Captain John Ballard's company, Colonel Branch's North Carolina regiment.

Joshua Cherry was allowed pension on his application executed August 6, 1832, while residing in Bedford County, Tennessee, was still living there July 31, 1833, with post office at Chapel Hill, but on that date requested that his name be transferred to the rolls of the Mobile, Alabama Agency, as he was about to move to Marengo County.
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Alabama, in order to live with or near his son, Jared W. Cherry, whose age was not stated. He moved to Marengo County in the summer of 1835 and was still living there in October, 1838.

No reference was made to soldier's wife, and none to children other than to Jared W. Cherry, referred to above.

In order to obtain date of last payment of pension, the name of person paid and possibly the date of death of Joshua Cherry, you should write to the Comptroller General, General Accounting Office, Records Division, this city, and cite the following data:
Joshua Cherry
Certificate  #13999
Issued July 20, 1833
Rate $60 per annum
Commenced March 4, 1831
Act June 7, 1832
Alabama (Mobile) Agency.

Very Truly yours

A.D. Hiller
Executive Assistant to the Administrator
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Treasury Department
Second Comptroller's Office,
January 14th, 1839

Sir:

     Under the act of the 6th of April, 1838 entitled "An act directing the transfer of money remaining unclaimed by certain Pensioners, and authorizing the payment of the same at the Treasury of the United States", Joshua Cherry- a Pensioner on the Roll of the Nashville Tennessee Agency, at the rate of sixty Dollars [crossed out- and cents] per annum, under the law of the 7th June , 1832, has been paid at this Department from the 4th of Sept, 1837, to the 4th March , 1838.
Respectfully yours, 
Albion K Parris
Comptroller

To the Commissioner of Pensions, 
Present
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J.L Edwards Esq
Com of Pensions
Washington -
Page 16

House of Reps
5 Dec 1838

Sir,
At the request of Mr. Joshua Cherry I submit for your examination the enclosed papers in support of his application for a Transfer of his pension from Tennessee to the agency at Mobile Alabama -

When the order is made for the transfer I would be obliged for you to refer to the power of atty authorizing me to receive his pay to the 3d Auditor in order that I may apply for the amt due Mr. Cherry at the Treasury Department-
Very respectfully 
Yobl servt
JS Lyon

J L Edwards Esq
Comm of Pensions
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War Department 
Pension Office
Oct 13t 1835

Sir,

I herewith return your application for a transfer as are [illegible] by a printed sheet of instructions to enable you to [illegible] it [illegible] to regulations.    Very respectfully  [illegible]  J. L. Edwards


W. Joshua Cherry
Chapel Hill
Tennessee
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State of Tennessee 
Bedford County   }  This day Joshua Cherry personally appeared before the Joseph Rosson an acting Justice of the the Peace for the county afforesaid [aforesaid] and made oath in due form of law, that he is a citizen of Bedford county in the state of Tennessee, and that he is a pensioner on the Government of the United States, and that he is entitled to sixty dollars per annum to be  paid semiannually on the fourth of March and the fourth of September in every year. Comencing on the fourth of March 1831 and that he is about to remove to the state of Alabama Maringa County. He therefore prays that the payment of the said Pension be tranferred from Nashville in Tennessee  to Mobil in Allabama [Alabama]-
Sworn to and subscribed before me this thirty first day of July eighteen hundred and thirty five  [signed] Joshua Cherry (his mark)
Test  Joseph Rosson JP

State of Tennessee 
Bedford County  }   I George Davidson chairman of Bedford County Court do hereby certify that James McKissock is Clerk of said court and that  by [illegible] as on due form of law given under my hand and private seal [signed] George Davidson Chairman of Bedford County Court
August 3d 1833
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State of Tennessee 
Bedford County  }  I do hereby certify that I am well acquainted with the within named Joshua Cherry. He is a pensioner on the government of the United States. I have seen his certificate from the War Department authorizing him to draw the said pension and that  he is the same Joshua Cherry that holds the certificate and draws a pension as stated in the within affidavit  Joseph Rosson JP  July 31th 1835
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State of Tennessee 
Bedford County  }  I James McKisick clerk of the court of pleas and quarter sessions of the county of Bedford in the State aforesaid do hereby certify that Joseph Rossin whose name appears is the [illegible] certificate is an acting Justice of the peace in and for the county of Bedford duly commissioned [illegible] and that full faith and credit is and ought to be given to his official acts as such. In witness whereof I have hereunto set my hand and affixed the seal of the court this 3rd day of August 1835.  [signed] M MCKisick
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State of Alabama 
Marengo County   }  This day personally appeared before me Thomas McFarling An acting Justice of the peace in and for the county aforesaid Charles Lavender for the county of Marshal. and state of Tennessee  who being by me duly sworn deposeth and saith That he is well acquainted with Joshua Cherry late of Tennessee  who was a pensioner in that State having seen him draw his pension in Nashville and that he  the said Joshua Cherry removed from the state of Tennessee to Marengo County State of Alabama and that he the said Joshua Cherry is not living in the county and state aforesaid and is entitled to his pension in his state And the witness further saith that he knows him to be the same Joshua Cherry who was a pensioner in Tennessee-
[signed ] Charles Lavender (his mark)
Test
October 10 1838

JW Cherry
Sworn to and subscribed before emergencies L J McFArin and acting justice of the peace in for the county Marengo.  T J McFarnland
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I Asa Robinson Clerk of the county court of the county of Marengo and state of Alabama do hereby certify that Thomas J McFarland before whom the within affidavit was taken is and was at the date there of an acting Justice in and for said county and his official acts as such are entitled to due faith and credit.  Sworn under my hand and seal of office this 12th day of November 1838  [signed] Asa Robinson clerk

[the section that is written upside down on this page is copied and transcribed on the next page - page 23]
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I do hereby certify that I do believe that Charles Lavender is a man of truth from the acquaintances that I have with him, given under my hand and seal this 7th November 1838. T. J McFarland Justice peace
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State of Tennessee 

I James McKisick Clerk of the court of pleas and quarter sessions for the county of Bedford in the State aforesaid do hereby certify that James Billington Esquire before whom the foregoing affidavits and declaration was sworn to is now and was on the day the same [illegible] date an acting Justice of the Peace for said county duly commissioned and qualified to administer oaths, and that his signature thereto is genuine.
In testimony whereof I have hereunto set my hand and seal of office, at office in Shelbyville This 13th day of April 1833-
Jas. M. Kisick Clk.
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Joshua Cherry
Act '32
Nashville Agency
to be transffered to 
Mobile. See the 
papers filed by  Hon.
W. Lyon

Transfer letter effect
from 4 March 1838
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Joshua Cherry -  Nash  Tenn 7 June 1832
$60  To what time last paid

Pension office
11 Jany 1839

P of 4 Sept 1837   JH
Page 27

Joshua Cherry-
Page 28

Brief objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of Joshua Cherry which require further proof or explanation.

I. Does the declaration show where the applicant resides?  yes
II. Did the declarant make the declaration in the county where he resides?  Yes
III. If the applicant did not make the declaration in the county where he resides, is there any reason assigned for his not doing so?  -
IV. Has the declarant mentioned the period or periods of the war when he served?  Yes
V. Has he mentioned 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?  yes
VI. Has he given names of the officers under whom he served, in conformity with the regulations? Yes
VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7 , 1832? Yes
VIII. Has the Court given their opinion? Yes
IX. Has the Clerk given his certificate? Yes
X. Is the Clerk's seal affixed?  And if so , has it a device or inscription by which it can be distinguished from any other seal? Yes
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XI. Has the applicant obtained the evidence of a clergyman and another respectable citizen as to their belief respecting his age and the general belief in his neighborhood relative to his revolutionary service? Yes
XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it?  -
XIII. If the applicant has no documentary evidence, and has not obtained the testimony of at least one living witness, has he stated in his declaration that such proof cannot be had?  Yes
XIV. If the applicant has produced a witness or witnesses as to his service, has the magistrate who administered the oath certified that he, she, or they are persons of credibility? -  Has the official character and signature of the magistrate been certified by the proper officer under his seal of office?  -
XV. Does it appear from any of the papers that the witness was in such a situation or of such and age as to have personal knowledge of the applicant's service?  -
XVI. Are the papers authenticated as the regulation direct?  no #
XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily?  And, if not, which of them is not so answered?  

Explanatory Notes

Quere V. 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 ad 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 the pension."
Page 30

Is it important in all cases to determine with precision the period for which the 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.
Quere XIV. Proof of service
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 requires to set forth in the their affidavits the time of the claimants 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.
Quere XVI. Mode of authenticating papers
In every instance where the certificate of the certifying officer who authenticated the papers is not written on the same sheet of paper which contains the affidavit, or other paper authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the end 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.
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Monticello, GA., June 30, 1937

Veterans Administration 
Washington, D.C.

Dear Sir:
Will you please send me a copy of the Revolutionary record of Joshua Cherry, a Pensioner in Marengo County, Ala., in 1840, and A. Sutton, a Pensioner in Emanuel County, GA., in 1840?

Yours very truly,
 (Miss) Maud Penn

[stamp] Received July 1 1987 Mail Sub-Div. Vets Adm 12
Page 32

[left side of page]
32174
Revy INVALID

File No.  32, 174
Joshua Cherry
Priv Rev War

Act: June 7 32"

Index:- Vol D, Page 71
[arrangement of 1870]


[right side of page]
'37 July 24 Hist to Miss Maud  Penn MLB
Page 33

Treasury Department
Second Comptroller's Office
December 13th, 1838

Sir:

Under the act of the 6th of April, 1838, entitled, "An act directing the transfer of money remaining unclaimed by certain Pensioners, and authorizing the payment of the same at the Treasury of the United States," Joshua Cherry, a Pensioner on the Roll of the Nashville, Ten: Agency, at the rate of Sixty Dollars per annum, under the law of the 7th June, 1832, has been paid at this Department, from the 4th of March 1835 to the 4th day of September 1837.

Respectfully, yours,

Albion K Parris
Comptroller.