Revolutionary War Pension and Bounty Land Warrant Application File S. 7623, for Caleb Stewart, Maryland
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Service
MD

Stewart, Caleb

Number
S.7623

carded
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Left Side Page

Order to pay 20 April 1837

Right Side Page

18309
Maryland
Caleb Stewart
of Anne Arundel Co in the state of Maryland
who was a private in the company commanded
by Captain Budgen of the blank commanded by Gen. Smallwood on the MD line for 6 m 12 days

Inscribed on the roll of Maryland at the rate of 20 dollars 32 cents per annum to commence on the 4th day of March 1831

Certificate of Pension issued the 10 day of Augt 1833 and sent to 
S Pinkney - Annapolis

Arrears to the 4th of March 1833 $42.64
Semi-anl allowance ending 4 sept $10.66
$53.30

{Revolutionary Claim Act June 7, 1832}

Recorded by W L Williams - Clerk
Bood E Vol 5 Page 118
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Caleb Stewart
21614
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STATE OF MARYLAND
Anne-Arundel County

On this 25 day of October in the year of our Lord one thousand eight hundred and thirty-two personally appeared in open court before the Court of Anne Arundel County now sitting, Caleb Stewart a resident of the county of Anne-Arundel and State of Maryland aged seventy-six 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 Act of Congress passed June 7, 1832:

That he entered the service of the United States under the following named officers and served as herein stated: that he served under Captain William Bugden that he entered the service on or about the last day of March in the year one thousand seven hundred and seventy-seven and left the same on the month of October one thousand seven hundred and seventy-seven; that he was in the battles of Germantown and in said engagements served under Captain William Bugden in the year one thousand seven hundred and seventy-seven; that he at the time of entering the service resided near South River Anne Arundel County and state of Maryland; that he volunteered; that he marched through Maryland & Pennsylvania country; that he served with the Maryland troops; that the names of the regular officers were Gen William Smallwood. that he was never wounded, that he has no documentary evidence; and that he knows of no person whose testimony he can procure who can testify to his service except Joseph S Williams as a man of veracity.

The said Caleb Stewart 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 any agency.

Caleb Stewart
His X Mark

Sworn to and subscribed the day and year aforesaid:

Test: H. H. Harwood 

We Robert Welch of [illegible] and Henry H Harwood of the city of Annapolis and residing in the same hereby certify that we are well acquainted with Caleb Stewart who has subscribed and sworn to the above declaration; that we believe him to be seventy-six 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.

H H Harwood
R Welch

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 Robert Welch of [illegible] and Henry Harwood who have signed the preceding certificate are residents in the city of Annapolis and are creditable persons and that their statement is entitled to credit.

I William S Green clerk of the Court of Anne-Arundel County do hereby certify that the aforegoing contains the original proceedings of the said court in the matter of the application of Caleb Stewart for a pension.

In testimony whereof I have hereunto set my hand and seal of office this twenty-fifth day of October 1832. 

Wm S Green - Clerk A.A. Co. Court
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The answers of Caleb Stewart of Anne Arundel County an applicant for a pension under the act of June 1832 taken before Robert Welch of [illegible] a justice of the peace of the state of Maryland in and for Anne Arundel County. The said Caleb Stewart having been first duly sworn to make true answers to the following interrogatories.

So, the first interrogatory which is in the following.
1. Where and in what year were you born?
Ans - He says he was born in the year seventeen hundred and fifty-six in All Hollows Parish in Anne Arundel County state of Maryland

2. To the second interrogatory do you have a record of your age and if so where is it.
Ans - He says he has no record of his age, but his name was engraved and the register of the county but would find no record of his birth.

3. To the third, where were you living when called into service, where have you lived since the revolutionary war and where do you now live?
Ans - He says when he entered the service, he lived in the Parish where he was born, he has always before and since the revolution lived on the tract of land where he now resided except for about five years that he left All Hollows between four and five miles from his present residence.

4. To the fourth how were you called into service, were you drafted, did you volunteer or were you a substitute and if a substitute, for whom?
Ans - He says he volunteered

5. To the fifth, 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 service.
Ans - He says Gen Washington, Gen Smallwood, [illegible] afterwards Lieutenant Governor of Maryland to Captain Alexander Truman, Major John Davidson, John Denison then a captain
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Levin Minder, Henry Casaway (a Lieutenant as he believes) are the names of some of the regular officers who were with the troops where deponent served. Major Davidson, Captain Truman and Captain Minder were with the troops at Annapolis. He saw John Casaway a few days before the battle of Germantown and the march of the troops to that place. He first (illegible) list at Germantown during the battle.  Deponent cannot recollect any of the continental or militia regiments. Deponent volunteered in March 1777 at South River Church and marched the next week in Annapolis where he remained and after the British fleet passed Annapolis to the head of the Chesapeake Bay. Thence he marched to Baltimore where he remained about a fortnight thence the company marched to Harford County to a place called the (illegible) House where the regiment joined Gen Smallwood's troops where deponent saw Henry Casaway thence, they proceeded under the command of Gen Smallwood to Germantown.

To the (illegible) did you ever receive a discharge from the service if so by whom was it given and what has become of it? He says he never received a discharge but on its return to Maryland the company was disbanded.

To the (illegible) state the names of persons to whom you are known in your present neighborhood and who can testify to your character for veracity and their belief of your services as a soldier of the revolution? William Stewart, William Ohara, Robert McKend, Samuel MacKedie, Corbin Standford, William Brogden Esq and declares his (illegible) reside in his neighborhood and can testify to the deponent's character. He also refers to Virgil Maxey

Caleb Stewart
His X Mark

Witness R Welch of Ben

I hereby certify that the aforegoing relative contents were propounded to aforegoing made and subscribed by Caleb Stewart
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State of Maryland Anne Arundel County to wit

Personally appeared before me the undersigned a Justice of the Peace of the state of Maryland in and for Anne Arundel county Caleb Stewart who being duly sworn deposeth and saith that by reason of old age and the consequence of infirmity 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 period mentioned below and in the following grade. For six months and twelve days I served as a private in the company commanded by Captain William Brogden and attached to the regiment of Maryland militia commanded by Col. Richard Harwood. That John Brogden was the Lieutenant of the company and for such service I claim a pension.

Sworn to this 18th day of July 1818 before
R. Welch of Bon
Justice of the Peace

Anne Arundel County Court

I William S Green Clerk of the county court of the county and state aforesaid do hereby certify that Robert Welch of Bon is a Justice of the Peace in and for said county duly commissioned and qualified and that his signature above [illegible] are genuine.

In
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In testimony whereof I hereto set my name and affix the seal of Anne Arundel County Court this 19 day of July 1833.

Wm S Green - Clerk A.A. County Court
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Caleb Stewart
MD
No 21614

S. Pinkney Esq
Annapolis, MD
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War Department
Pension Office

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. These 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 Caleb Stewart

Period when the service was rendered:
MARCH 1777 VOL

Duration of the claimant's services in Years, Months and Days:
LEFT IN OCT 1777

Rank of the Claimant:
PRIVATE

Name and rank of the Company officers under whom he served:
CAPTAIN BUGDEN 

Names and Rank of the General and Field Officers.
GEN SMALLWOOD

Battles in which the applicant was engaged: GERMANTOWN

Country through which he marched.
THRU MD and PA

Place of abode when he entered the service and age at the present period.
76 YEARS ANNE ARUNDEL CO MD

Evidence which the declaration is supported.
TRADITIONARY AND WITNESS

I am respectfully
Your obedient Servant

J.L. Edwards,
Commissioner of Pensions
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-2-
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, 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 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 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 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 (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 it 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 known at the Department. A very full account of the services of each person
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3 
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 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 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 he served, in language so definite as to enable the Department to 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 bis 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 mouths 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 places where the service was performed; that the applicant served with au embodied corps called into service by competent authority that lie 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 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 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 [j] 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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July 22
ANNAPOLIS MAIL STAMP

FREE

For J L Edwards Esq
Commissioner of Pensions
Washington

Stewart, Caleb
MD S7623

Admitted
6 Mo and 12 days
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Dear Sir
(illegible)
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Anne Arundel County

On this 25th day of October 1832 personally appeared Joseph Williams before me the subscribe a Justice of the Peace in and for the county aforesaid and makes oath on the Holy Evangely of Almighty God that the facts as stated in the within certificate are true to the best of his knowledge and belief & I further certify that said Joseph Williams is a credible witness.

Sworn before
R Welch 

Anne Arundel County to wit

I hereby certify that Robert Welch of [illegible] who appears to have taken and signed the aforegoing is and was at the time of so doing one of the state of Maryland's Justices of the Peace in and for Anne Arundel County duly commissioned and sworn and that the above signature is genuine.

In testimony whereof I hereto set my hand and affix the seal of Anne Arundel County Court this 25th day of October 1832.

Wm S Green - Clerk A.A. Co Court
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I hereby certify that I have been for many years acquainted with Mr. Caleb Stewart that he is now far advanced in life and for many years totally blind. Mr. Stewart volunteered as a soldier in the revolutionary war and was attached to a company commanded by Captain William Brogden under General Smallwood. I do not know the length of time Mr. Stewart served or the term for which he volunteered but I well remember when he marched from the city of Annapolis in Captain Brogden's Company. That he has always understood that Mr. Stewart was in the Battle of Germantown - given under my hand this 27th day of September 1832.

Joseph Williams
His X Mark

Witness

R Welch of [illegible]
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Pension Agency
Union Bank of Maryland
Baltimore 5 April 1837

Sir

I forward herewith the voucher of Caleb Stewart unclaimed for twelve months requesting an order for the payment of the same.

I beg to refer you to my letter of 22 March containing the vouchers of Daniel Smith to whom I have received no reply.

I am sir
very respectfully
your obt serv
H W Evans
Pension Agt
for Che A Williamson

To 
J L Edwards Esq
Commissioner of Pensions
Washington City
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7623
Rev War
INVALID

File No 7623
Caleb Stewart
Pri Rev War

Act June 7th '32
Index Vol [illegible] page 358

[Arrangement of 1870.]