Revolutionary War Pension and Bounty Land Warrant Application File S. 38,401, for Henry Stewart, New Hampshire
Page 1

SERVICE
N.H.

Stewart, Henry

NUMBER
S.38,401

CONTENTS
Page 2

(20232)
Maine
Henry Stewart
of Kennebec Co in the State of Maine who was a Private in the company commanded Captain Hutchins of the Regiment commanded by Colonel Cilley in the New Hampshire line, for the term of one year from August 1779 to [blank] 1780

Inscribed on the roll of Marine at the rate of Eight Dollars per month, to commence on the 31 day of Aug 1830

Certificate of Pension issued the 1 of September 1830 and sent to R. C. Vose Esq Augusta Maine

Arrears to 4th of Sep 1830  -  -  -  -  -  $1-30
Semi-anu'l all'ce ending 4  Mar 1831 - "48
[total] $49.30

{Revolutionary Claim, acts March 18, 1818,  and May 1, 1820.}

Recorded Vol 1 page 88
Book D
[illegible]

[Along right edge]
His name not on A.B & not on 1818 Act in 1835 Book of pensioners
Page 3

Original Declaration
21,376
Henry Stewart
Priv. Hutchins Co.
Cilleys Regt
Augt 1779 to Dec. 1780.

Proof
John George--sent to Judge Levi Whitman 
Aug 12

R.C. Vose
Augusta
Me
Page 4

Original Claim
Declaration, in order to be placed on the pension list, under the act of the 18th March, 1818-
County of Kennebec ss
On this eleventh day of February 1830 personally appeared before me Nathan Weston, Junior, a Justice of the Supreme Judicial Court of said of Maine, being a court of record, Henry Stewart resident in said County, aged sixty seven years, who being fist duly sworn, according to law, doth, on his oath, make the following declaration, in order to obtain the provision made by the Acts of Congress of the 18th March 1818 & the 1st May 1820; that he, the said Henry Stewart, enlisted as a private soldier, for the remainder of the first three years service in August in the year 1779 in the State of New Hampshire in the company commanded by Captain Hutchins, in the regiment commanded by Col Cilley, in the line of the State of New Hampshire, on the Continental establishment; that he continued to serve in the said Corps until December 1780 when he was discharged from the service at Soldiers Fortune in the State of New York, that his name has never been placed on the pension list, that he hereby relinquishes every claim whatever to a pension, except the present, and that the following are the reasons he not making earlier application for a pension since the passage of the pension Act in 1818:  he has resided in the interior of Maine, at a great distance from his former residence in New Hampshire, & being poor and very lame with Rheumatism, it was not in his power to obtain evidence of his service until the present time.
And in pursuance of the act of the 1st May 1820, I do solemnly swear, that I was a resident Citizen of the United States on the 18th day of March, 1818, and that I have not since that time, by gift, sale, or in any manner, disposed of my property, or any part thereof, with intent thereby so to diminish it as to bring myself within the provisions of an act of Congress, entitled "An act to provide for certain persons engaged in the land and Naval service of the United States in the Revolutionary War", passed on the 18th day of March
[end of page]
Page 5

March, 1818; and that I have not, nor has any person in trust for me, any property, or securities, contracts, or debts due to me; nor have I any income, other than what is contained in the schedule hereto annexed, and by me subscribed -
Schedule, my whole estate and income, necessary clothing & bedding excepted; no Real Estate and have not owned any for the last fifteen years and no personal property except 7 sheep worth $8, 1 Cow worth 12$ & in small debts due one which may be collected, not exceeding in twelve dollar in amount Total amount of personal property $32.00 and I owe in small debts upwards of fifty dollars.
I have no family, was never married was once a Carpenter by trade, but am unable to work at my trade by reason of old [age] and Rheumatism -- and that since the 18th of March 1818 the following changes have been made in my property: I had between thirty and fifty dollars due me in small debts for labor, which I have collected & applied the same to my support.  As I before observed I have owned no Real Estate for the last fifteen years.  I do further on oath declare, that by reason of the Rheumatism in my legs I am so much crippled, as to be unable to attend Court at the next, being unable to travel any distance, except in the winter by Sleighing.
Signed Henry Stewart

I Nathan Weston, Junior, a Justice of the Supreme Judicial Court of the State of Maine, holden in the County of Kennebec, where the declarant resides, do hereby certify that the above named Henry Stewart is from a disease or disorder called the Rheumatism, with which I am credibly informed and believe, he has been afflicted for the space ten years past is unable to attend the Court of which I am a Justice, and I do not think from present appearances, that he will be able to attend the court above named, at its next session.  I have, therefore, in pursuance of the act of Congress of the 1st March, 1823. I have attended at my place of abode and administered the foregoing oath - the said Henry Steward, being unable to travel any distance except in the winter by Sleighing.
Signed, Nathan Weston Junior  Just. S.J.C.
Page 6

State of Maine
I Robert C. Vose, Clerk of the Court of Kennebec County, Certify that the Hon. Nathan Weston Jun. before whom the above affidavit of Henry Stuart, who is now sick & crippled with the Rheumatism (so as to be unable to travel any distance, except in the winter season by sleighing,) was made, is a Justice of the Supreme Judicial Court for said State of Maine. I also certify, that the said Schedule and Oath have been admitted to the record of said Court, and that the same are truly copied therefrom, and I do further certify, that it is the opinion of the said Court, that the total amount in value of the property exhibited in the aforesaid schedule is thirty two dollars.
In testimony whereof, I have hereunto set my hand & affixed the seal of the said Court this first day of June in the year of our Lord Eighteen hundred and thirty.
[signed] R. C. Vose, Clerk of the Courts Kennebec Co.

additional Evidence --- 
I Jonathan Judkins, aged seventy years & upwards a pensioner on the Maine roll do depose and say that I have this day been and conversed with Henry Stewart, before named an applicant for a Pension and from facts and circumstances by him related, I have no doubt he served in Capt. Hutchins Company & Col. Cilleys Regiment as he has stated - I served in the same Capt Hutchings Company three years & was discharged a short time previous to said Stuarts entering the same; but from his account of the officers and the circumstances & situations the company was in [?] he entered I have no doubt, he must have served as he has stated - said Stuart sustains the character of a man of truth - I have always been acquainted with John George, who has given his deposition in the case of said Stuart.  I knew him in the same Captain Hutchings company & left him serving in said company when I was discharged.   said John George has always sustained the character of a man of truth.  I have known said George since the year 1777-
Jonathan Judkins  X his mark
Attest [signed] R. C. Vose
Page 7

State of Maine
Kennebec ss.  On this twenty fifth day of August A.D. 1830 Personally appeared before me the the [sic] subscriber a Justice of the Peace & also Clerk of the Judicual Court within & for said County - Jonathan Judkins, within named, and he made oath to the truth of the above and foregoing deposition by him signed, the said Judkins, being in my opinion a credible & disinterested witness -- In testimony whereof I subscribe my name & affix the County seal of said County of Kennebec, the day and year last above written - 
[signed] R. C. Vose
Page 8

September 18, 1937
Henry Stewart
S. 38401
BA-J/AWF

Mrs. Ralph H. Conant
10 High Street
Augusta, Maine
Dear Madam:
Reference is made to your letter in which you request the Revolutionary War record of Henry Steward, private in the New Hampshire Line, and pensioned while a resident of Maine.
The data which follow were obtained from papers on file in pension claim, S. 38401, based upon the military service of Henry Stewart in the War of the Revolution.
The date and place of birth of this soldier were not given, nor were the names of his parents stated.
Henry Stewart (as the name is shown in the claim) a resident of Goffstown, Hillsboro County, New Hampshire, enlisted sometime in August, 1779, served as a private in Captain Nathaniel Hutchins' company in Colonel Joseph Cilley's New Hampshire regiment, and was discharged in the month of December, 1780, at Soldier's Fortune, near West Point, New York.
He was allowed pension on his application executed February 11, 1830, then a resident of Kennebec County, Maine, aged sixty-seven years. He stated at that time that "I have no family, was never married".
Very truly yours
A. D. HILLER
Executive Assistant
to the Administrator
Page 9

38401
INVALID.
Revy
File No. 38,401
Henry Stewart
Pri Rev War
Act: 18 March 18
Index: - Vol. 2, Page 399
[in brackets] Arrangement of 1870.

[right side]
193[7]  Sept 18 hist to Mrs. Ralph  H. Conant 
awf
Page 10

Pension Office
Augt 31st 1830

pen: to [?] : Aug. 31, 1830.

[upside down]
James L. Edwards Esq
Chief Clerk Pension Office
War Department
Washington
Page 11

Augusta Me.   Aug 25. 1830
Sir,
I return the claim of Henry Stewart with the certificate of the Justices, as to the credibility of the Witnesses, which in both cases was, as they state to me, accidentally omitted.  I also give the depo. of Jona. Judkins, which is only circumstantial; but for to corroborate
Stewarts declaration
I am very respectfully
Your obt svt
[signed] Robert C. Vose

James L. Edwards Esq
Chief Clerk Pension Office
War Department
Washington
Page 12


MRS. RALPH H. CONANT
GENEALOGICAL RESEARCH
1009 HIGH STREET
AUGUSTA. MAINE
Sept. 9, 1937.

Veterans Administration,
Washington, D.C.

Dear Sirs;-
I want all the information available. in regard to Henry Steward, a Revolutionary soldier.
He is buried in Fowler Cemetery, Unity, Maine, and has a Government stone, and was a pensioner. He was I believe, a private in the N.H. line.
Thanking you for past favors I am
Yours very truly,
[signed] Ethel Colby Conant
Page 13

Levi Whitman's Deposition
in the case of Henry Stewart


Chester

Aug 19 1830 
additional certificate of Justice of the Peace--
(see within)
Page 14

I Levi Whitmen of Chester in the County of Rockingham and State of New Hampshire of lawful age depose and say that I was intimately acquainted with Henry Stewart of Goffstown in the County of Hillsborough in said State before the Revolutionary War, and lived several years within three miles of said Stewart.  In the year 1779 in the month of August said Henry Stewart enlisted into the Revolutionary Army - he joined Captain Nathaniel Hutchins Company of Infantry which company was a part of Colonel Joseph Cilley's New Hampshire Regiment of the Continental line,.  said Henry Stewart continued a faithful soldier in the aforesaid company and Regiment from the last of August or first of September 1779 untill the month of December 1780 when he was honorably discharged at a place then called Soldiers Fortune near West Point.  And I the deponent belonged to Colonel George Reid's New Hampshire regiment and was well acquainted with said Stewart while he was in the Army and for several years after he returned from the Army to Goffstown
[signed] Levi Whitman

State of New Hampshire
Rockingham ss
Chester December 29th 1829}
Personally appearing the above named Levi Whitman made solemn oath in due form of law, that the above deposition by him subscribed contains the truth and nothing but the truth
Before me [signed] Samuel Aiken Jus. Peace
Page 15

I Peter Chadwick Clerk of the Superior ,Court of Judicature for the County of Rockingham and State of New Hampshire do hereby certify that Samuel Aiken is a Justice of the Peace within and for said County of Rockingham, and is by law duly authorized to administer oaths and take affidavits and that the
within is his own hand writing
In testimony whereof I have hereunto set my hand and affixed the seal of said Court this fifth day of January Anno Domini 1830
[signed] P Chadwick Clerk


Additional Certificate

I certify that Levi Whitman, the deponent within mentioned, is in my opinion a credible witness.
Rockingham County ss
Chester Aug 19th 1830}  [signed] Samuel Aiken Jus. Peace
Page 16

John Georges Deposition
in the case of Henry Stewart


Manchester
August 21 1830 
additional certificate of Magistrate
see within
Page 17

I John George of Goffstown in the County of Hillsborough and State of New Hampshire of Lawfull age depose and say that in the summer of the year 1779 I enlisted into the service of the United States at Giffstown aforesaid and that one Henry Stewart who is now here present enlisted into the said service at the same time and place and went with me and others to Amherst and passed muster under Col. Nichols.  we then went together to West Point and joined the United States Army, and were annexed to Capt Nathaniel Hutchins Company of Infantry in Colonel Joseph Cilleys Regiment - said Henry Stewart continued to serve in the same company with me until December 1780 when he was discharged at a place called Soldiers Fortune, about four miles from West Point.  said Stewart was a good soldier and served his country faithfully during the aforesaid term of time, and was not discharged from the service for any misdemeanor.
[signed] John George

State of New Hampshire}
Hillsborough ss.}  
December 3rd 1829}
Personally appearing John George - made oath in due form of law that the above deposition by him subscribed contains the truth and nothing but the truth.
Before me [signed] Frederick G. Stark. Jus Peace.

I Andrew Wallace Clerk of the Court of Common Pleas for said County, certify that Frederick G. Stark is a Magistrate as above, and duly empowered to administer oaths, and that the foregoing signature purporting to be his, is genuine. In testimony whereof I have hereunto subscribed my name and affixed the seal of said Court, this fifth day of December in the year 1829.
[signed] Andrew Wallace} Clerk of the Court of Common Pleas for said County
Page 18

State of New Hampshire - Hillsborough ss.
I Certify that John George, the within deponent is in my opinion a credible witness.
August 21st 1830
[signed] Frederick G. Stark,  Jus Peace.

additional certificate