Revolutionary War Pension and Bounty Land Warrant Application File R. 531, Absalom Awtry, N. C.
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N.G Awtry, Absalom R531
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Absalom Awtry
23427
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Georgia Henry County
Declaration in order to obtain the benefit of the act of Congress passed June 7th 1832--

On this twenty first day of January Eighteen Hundred and thirty three formally approved in open Court before the Justice of the Inferior Court, for County and State Absalom Awtry aged Eighty two years on the Seventh day of June 1832-- who being first duly sworn according to law doth on his oath make the following in order to obtain the benefit of the act of Congress passed June 7th 1832
I entered the service of the revolutionary war in the spring of the year Seventeen Hundred and Eighty two in the State of North Carolina Lincoln County as a drafted soldier under Capt McClain  I went to the widow Russels Station on Broad River in said state where [illeg.] a station.  From said [illeg.] station he processed [?] to country on the frontier of North Carolina in pursuit of Indians.  The Indians were very [illeg.] and troublesome in that section the County.  Our particular business was to defend the frontier of the state of North Carolina.  In this expectation was that only the white men soldier were killed by the Indians.  I was only out for three months in this expedition   It was particularly confined to three or four counties in the State of North Carolina--  After my time was out I went home
I moved from the State of North. the State of South Carolina into SpartanBurgh County South Carolina  I stayed in S. Carolina about ten (10) months and then removed back to North Carolina Lincoln County
Just as I was about to start from South to North Carolina I was drafted a second time and hired a man to take my place.  His name was Elas Dewberry  I gave him a likely young man worth and estimable at seventy five Dollars--  He went directly into the war for me and served out the time three months
My Capts name in South Carolina where I was drafted the second time was William Branham  I served six months in the war or the revolution as a faithfull and diligent soldier  I never received a written discharge
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I don't know of any man living by whom I could prove my service by.  I was born in North Carolina on Tar river 
 I do not recollect the name of the County.  
I was born on the seventh of June Seventeen Hundred and fifty
I have no record of my age.  My father had a record of all his childrens ages and he told me my age
I live in the State of North Carolina Lincoln County
I moved from North Carolina to South Carolina and from there onto Georgia Greene County.  From Greene I moved to Jackson County same state.  From Jackson I moved to Henry County where I now live--  I never received a written discharge.  I am known in my present neighborhood by Aaron Parker, John Hambrick Esq., uke Robinson Joseph S. Hughey John M Steward and Col. James Love also the Honorable Thos F Forbes now a member in Congress from Georgia--  I hereby relinquish every claim whatsoever to a pension or annuity except the present and declare that my name is not on the pension role of the agency of any  state.    Attest
 Lewis H. Ferguson   Absolam Awtry
                                      his X mark
John T Bentley JJP
W [illeg.]  I [illeg.] in Open Cour 21st Jany 1833
Wm Beck JJC

Georgia Henry County    Mr. James Gamble residing in the County and State aforesaid and Soloman P. Lee of [illeg.] residence hereby certify that in are acquainted with Absolom Awtry who has signed the above declaration that we believe him to be Eighty two years of age that he is respected and believed in the neighborhood where he resides to have been a soldier of the revolution and that we concur in that opinion
James Gamble V.D.M>
Soloman P Lee
Sworn to & Subscribed in  Open Court Jry. 21st 1833--
W. OBrien JJC. H.C.G.
John T Bentley JJC. HCG
Wm. Beck JJC H.C.G.
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And the said Court do hereby declare this opinion after the investigation of the atter and after putting the interjections prescribed by the war department.  that the above applicant was a revolutionary soldier and served as he states.  and the said Court further certifies that it appears to them that James Gamble who has signed the preceding certificate is a clergyman resident in said County and State and that Solomon P. Lee who has also signed the same is of like residence and is a credible person and this statement is entitled to credit.
Sworn to in open Court
Jany. 21st 1833
Wm. Beck JJC
John T Bentley J.J.C
W. F. [illeg.] J.J.C

Georgia--  Henry County.
I Alexander G. Murray Clerk of the Court in & for said County and State do hereby certify that the foregoing contains the original proceeding of the said Court in the matters of the application of Absolam Awtry for a pension.
In testimony whereof I have hereto set my private seal this being no Seal of Office
the 21st Jary. 1833
A Ge Murray CJC Seal

Georgia Henry County
I hereby appoint William L Legger my atty. to receive any pension that may be allowed me
This 21st Jry 1833       Absolam Awtry
                                   his X mark
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No 23427
Absolam Awtry
Henry Co
Georgia

Rejected. See let. 
W L Tuggle
May 23 1833

Wm L. Tuggle
Henry Co
Georgia
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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 show 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, showing the Service of Absalom Awtry Henry County Georgia
Period which the service was rendered.
Drafted Spring 1782
duration of the claimant's service.
Years.
Months. 3
Days.
Rank of the claimant
Private
Names and rank of the Field officers under whom he served.
Capt McClain
Age at present, and place of abode when he entered the service.
82 years
Lincoln County
N. Carolina
Proof by which the declaration is supported.
Traditional evidence

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 to Store Keepers, &c. Teamsters, Boatmen, &c. Persons who served on board 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 [illegible due to paper stain] as being in actual military service {illegible due to paper stain}
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, 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 } ss.
County of } ss.
On this ______ 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 provion [sic][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. This form is to be varied so 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 of 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. A. B.
[And then will follow the certificate of the Court.]
And the said Court doe 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 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 at least one credible witness, stating in detail his personal knowledge of the services 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 the comparison of his narrative with the events of the period of his alleged service, as they are know at the Department. A very full account of the services of each person
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will be in dispensable to a favorable action upon his case. The facts state, I 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 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 who 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 he 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, 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 of 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 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 of the deceased, the period of this 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 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 by 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 o 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 ______ 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 particular rank he held as the law directs the pension to be paid according to the grade of the pensioner and 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 year 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 not device or inscription by which it can be distinguished from any other seal, or if he has no 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.
John [Signature illegible]
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Ex'r.   INVALID.

No. 331
Acts of July 14, 1802, and March 3, 1873 [this line crossed through]
REJECTED
Absalom Awtry
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No. 23427
Absaom Awtry
Georgia 
331

Rejected -- see let:
to Wm. L Tuggle May
23rd 1833--
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Mar. 6 -
Ga
23426
 ---27

McDonough, Ga
Feb 21

Free
Honourable Lewis Cass
Washington City
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Georgia [illeg.] County
To the Hon. Lewis Cass

Sir. Herein enclosed you find the claims of the individuals for a pension under the provision of the Laws of Congress.  In making out these claims I have endeavoured to back the requisitions laid down by the War department.  I thought I laid these claims as such in detail as was necessary to satisfy the department of the fair and justness of the same and have only made [illeg.] four cases and I am confident your mind will be throughly satisfied of thieir justness-- Remember Sir, It has been a long time since the occurrences of the events referred to by the claimants and also Remember that the most of all of them can scarsely write their names and have titles or no education and there for take into consideration the remarkable agreement of transactions and events and your mind cannot but apply [remainder of line illegible] the claims I have sent to the department by a reference to the History of times that tried mens souls
I am [illeg.] Sir
Yours
Respectfully
W L Tuggle