Revolutionary War Pension and Bounty Land Warrant Application File S. 1727, for Barney Stewart, Virginia
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(3-1776) 
SERVICE | Va.
 | Stewart, Barney
| NUMBER   S.1727
 carded
 CONTENTS
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19328 
West Tennessee 
___________________________
Barney Stewart 
Sumner in the State of Tennessee 
who was a private in the comp commanded
by Captain Clayton of the regt commanded 
by Col. Elliot in the line for [7 or]9 months.  

Inscribed on the Roll of W Tennessee 
at the rate of 31 Dollars [blank] Cents per annum, 
to commence on the 4th day of March, 1831.  _________________________________________________
Certificate of Pension issued the 7 day of Sept. 
1833 and [illegible] 
H Turner [illegible]
__________________________________________________
Arrears to the 4th of Sept                         75.00      
Semi-ann. allowance ending 4 March      15.00 
                                                          _____________                                                                                                                                                                                                                            $90.00
 {Revolutionary Claim,
 Act June 7, 1832.} 
Recorded by Danl Boyd Clerk, 
Book C 
Vol. 7 Page 96
Va. Line, 
Records [illegible]
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25774 
Barney Stewart
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Declaration of Barnet Stewart in order to obtain the benefit of the "act of Congress passed June 7th 1832.
State of Tennessee Sumner County} On this 14th day of May personally appeared before in open Court before the County Court of Sumner
 Barnet Stewart a free man of color being about 70 years of age being first duly sworn according to law makes the following declaration in order to obtain the benefit of the act of Congress passed June 7th 1832 
That sometime during the Revolution he thinks about the year 1776, he was drafted for the term of three months under Capt John Clayton commanded by Col Richard Elliot--was marched from Brunswick County Virginia,  where he was born and raised and drafted to Norfolk Virginia 
There remained during his term of service, acting as cook after his arrival at Norfolk having born arms until that time--he was then discharged and returned home to Brunswick.  Applicant about four years after his first term of service, was again drafted for three months under Capt Henry Walton commanded Col Wilkins was marched to a little town called Cabin Point on James River--was marched up and down the James River, was frequently in camp having [illegible]--he again served in the capacity of a cook.  After his three months expired he was discharged and returned home.  Applicant was again drafted under Capt William Vaughn commanded by Col Watson, sometime before the surrender of Lord Cornwallis
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for the term of three months--was marched from Brunswick to several places not recollected finally to Little York--was there, but on the opposite side of the river when Cornwallis surrendered.  After his term expired applicant was discharged--having served again as cook.  The above is all the services performed by applicant.  Applicant born in Brunswick County Va until about twenty five years since, when he moved to Sumner County Tennessee and has lived here ever since.  He knows of no person whose testimony he can procure by which he can establish his services. He has lost his discharges.  He hereby relinquished every claim to a pension except the present and declares that his name is not on the pension list of any agency of any state Subscribed and sworn to this day & year aforesaid--A. H. Douglass Clerk of said Court Barney his x mark Stewart
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Mr William Henry fifty two years & Robert Norville 56 years of age a clergyman residing in Sumner County, Tennessee, do hereby certify that we are well acquainted with Barney Stewart who has subscribed and sworn to the above declaration, that they believe him to be 75 years of age, that he is an honest man and a man of strict veracity, that they have no doubt he served as he states; that they never heard this subject of his service spoken of in the neighborhood, nor do they believe he was much in the habit of speaking of the same; [illegible] recollects, that during the last [illegible] & [illegible] about that claim to have heard him speak of serving in the Revolutionary war & they believe his statements upon that subject to be earnest-- Subscribed & sworn to the 16th May 1833--A H Douglass Clirk [Clerk] Robert Norvell Wm Henry
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Va 25774 West
 Barnet Stewart Sumner County
Tennessee 

from 1776 [illegible] 
9 months
 $30.

Jno H. Turner Gallatin Tennessee
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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 [illegible] and the
regulations will show what is necessary to be done.  These points to which your attention is more particularly directed, your, will fine 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 Barnet Stewart Sumner County Tennessee
_____________________________________________
Period when the service was rendered
Draft 1776
Draft 1780
Draft 1781

Duration of the Claimant's service
 | Years. | Months. | Days.
     -             3            -
     -             3            -
     -             3            -

Rank of Claimant.
private & Cook
Cook.
Cook.

Names and rank of the field officers under whom he served.
Cap Clayton , Colonel Elliot
Cap Walton, Colonel Wilkins
Cap Vaughn, Col Walton

Age at present, and place of abode when he entered the service.
70 years
Brunswick County
Virginia

Proof by which the declarative is supported.
Testimony [illegible], paper correct

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 of private armed vessels are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged
in guarding particular places at night, and were not recognized as being in actual military service.
Four general classes of cases are embraced in this law:
1. The Regular Troops.
2. The State Troops, Militia, and Volunteers.
3. Persons employed in the Naval Service.
4. Indian Spies.
As rolls of the regular troops in the Revolutionary War exist in this Department, all persons claiming the benefit of this law as officers, non-commissioned officers, mucicians [sic] 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
County of
On this              day of                  personally appeared (a) before                     A. B. a resident of (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 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 or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of
Sworn to and subscribed the day and year aforesaid.
A. B.

[And then will follow the certificate of the Court.]

And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states.

I      of the Court of
do hereby certify (h) that the foregoing contains the original proceeding 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 (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 days 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-
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alleged service, as they are known at the Department. A very full account of the services of each person will be indispensable to a favorable action upon his case The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be exexpected [sic]. 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 the State troops of Virginia.
1. Where and in what year were you born?
2. Have you any record of your age, and if so, where is it?
3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?
4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom?
5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you 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 whom was it signed, and what has become of it?
7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution.

The Court will see that the answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant.

The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons--one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion.
If one of these persons is a Clergyman, the Court will so certify, and they will also certify to the 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 or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature.

No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can 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, 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 be mentioned.
[d] The declarant must mention the period or periods of the war when he served.
[e] Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had. Every claimant must state, with precision the length of his service, and the different grades in which h serve, in language so definite as to enable the Department to determine to what amount of pension he is entitle. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:

"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service; but, according to the best of his recollection, he served not less than the periods mentioned below, and in the following grades:--For __________ year _______________months, and __________ days, I served as a ______________. For __________ months and ______ days, I served as a ___________; and for such service I claim a pension."

It is important, in all cases, to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state that they served two years in the
militia, &c. without specifying the tours, the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must, in every case, be clearly shown under what officers the applicant served; the duration of each term of engagement; the particular place or place where the service was performed; that 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 fix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he has no published 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.
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REVOLUTIONARY WAR RECORDS SECTION.
3-525
DEPARTMENTOF THE INTERIOR,
BUREAUOF PENSIONS.
Washington, D. C., -------, 19--
[initials]
S.F. 1727-----

In reply to your request of -----------, received  -------------  for a statement of the military history of Barney Stewart* a soldier of the REVOLUTIONARY WAR, you will find below the desired information as contained in his (or his widow's) application for pension on file in this bureau. *"a free man of color".
_________________________________________________
DATES OF ENLISTMENT OR APPOINTMENT.

LENGTH OF SERVICE.

RANK | Cook

OFFICERS UNDER WHOM SERVICE WAS RENDERED.
CAPTAIN.
John Clayton
Henry Walton
William Vaughan

COLONEL.
Richard Elliot
Wilkins
Walton

STATE. | Va.
_____________
Battles engaged in; none stated
Residence of soldier at enlistment, Brunswick County, Va.
Date of application for pension, May 14, 1832 [or 3] this day was all [illegible]
Residence at date of application, Sumner County, Tennessee
Age at date of application, illegible] was sold born in Brunswick Co. and He died [illegible] 18, 1959

Remarks:  There is no data on file as to his family
----------
Respectfully,

Commissioner.
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1920 Dec. 4 Hist to Mrs. W.S. Phillips
Letter inc ,5461 John Owen

Rev War.

1727
INVALID.

File No 1727
Barney Stewart,
Priv. W .T. Lines

Act: June 7th 1832.
Index: -Vol. A, Page 356

[arrangement of 1870]

Va Line
Records Corrected
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J. L. Edwards Esqr.
Pension Agent
Washington
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Gallatin May 18th1833

Dear Sir,
Enclosed I send this cover with
an amended application of John Sloan,
the original application of Thomas Wilbourn,
John McAdams & Barney Stewart, you
will please give as early attention to this
as practicable, & should they be
placed on the Pension Roll, enclose to
me their Certificates
I am respectfully
Your Most Obt. Svt.
Jno H. Turner
J.L. Edwards Esqr.
John Sloan's Claim
taken out
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THE NATIONAL ARCHIVES
form VAN - 51
12-5-41

BOUNTY LANDWARRANT RECORD CARD*

Division of Veterans' Administration Archives

NAME Stewart, Benjamin
GRADE Private
LINE Maryland
WARRANT NUMBER 11724
ACREAGE 100
ISSUED December 18, 1794 to Henry Purdy, assignee

*The information concerning the issuance of warrants carded on this form is found in volumes 2 to 4 of "Land Warrants Issued Prior to 1800" which are registers of bounty land warrants issued to non-commissioned officers and privates under congressional resolutions of September 16,1776, and subsequent dates.  Other records relative to the applications for warrants appear to have been destroyed in the War Department fire of November 9,1800.
Information concerning warrants surrendered to the Federal Government is to be found in General Land Office records in The National Archives.