Revolutionary War Pension and Bounty Land Warrant Application File R. 3,504, John Ferguson, S.C.
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( 3-1776 ) SERVICE S.C. Ferguson , John  NUMBER 3504 Born in Va.
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Act 7 June 1832 Rejected  See letter 7th Nov. 1833 to William H. Parrott. Monroe Louisiana 3504
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3504 REJECTED  John Ferguson
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[ The State of Louisiana Parish of Ouachita ]  Seventh Judicial Court  September  Term 1836 On this the 17th day of September  1833  personally appeared in open Court  John Ferguson a citizen of the above named Parish and State, who being first sworn according to law doth on his oath make the following declaration  in order to obtain the benefit of the act of Congress passed 7th June 1832. That  he will be seventy years of age on the  30th day of  the present month , that he was drafted as a militia man  in the army of the United States in February  , the day not remembered , of the year 1782 , under Capt. Charles Mc Manus  ; after being drafted he was sent  to serve under and  was attached to Capt __ Watt's company  ( as well as declarant can remember his  Christian name was John )  he was drafted as well as he can now remember  as a minute man  for thirty days and was called to serve under  Capt. Watts  the first week in  April  at Orangeburg in  S. Carolina , where the declarant remained under  Watts three weeks , and was then marched under  Watts to a place  nearer Charleston  called the four hole creek bridge where he remained  until between the 20th  and last of May  when hiss relief arrived and he was discharged - as well as declarant  can recollect, and he believes that he remained  longer in the army  than the time for which he was drafted in consequence of his reliefs not arriving  or coming in - he was disbanded without receiving  any discharge as well as he can now remember, he did not know such a thing was necessary  or of any value, and never called for any  - declarant  afterwards received what he calls an indent for pay , which was for ninety days , and being  young  and inexperienced he sold it at a considerable discount  to  Joseph Ferguson and never heard anything more of it. Declarant  was in no engagement of any kind and as well as he  remembers nothing of the kind occurred in  South Carolina after he was drafted - declarant believes the  command of the troops  with which he was,  was Genl. Henderson  & Genl. Winn, the latter  he believes was Brigadier Genl. he cannot  now remember the names of any officers in the field or company  except  those above named. He knows  very few  revolutionary soldiers in Louisiana  or elsewhere , and he knows of no one now living  by whom  he can prove his services or that he was in the army . He knew many of those with whom he served in  Carolina , but has no knowledge  whether they are living or dead. He was born on  the Roanoke river  in Virginia in
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the year 1763  when called into service he was living with his parents inwhat was then called  Kershaw County  and since Kershaw District about thirty  six miles above Camden  South Carolina , where he continued to reside until after  he was married and had ten children , when he removed  to  Christian County  Kentucky  , where he remained  about two years , and removed from thence to  Warren County  in the  then Mississippi Territory  - he lived in Mississippi  until he  moved to the  Parish of Ouachita aforesaid twelve years ago, where he has  constantly  resided ever since, in a very retired part of the Parish called the Pine Woods, he is poor.  Had but little education , and has had very little intercourse with the world. He is well acquainted with  many people  in the  Parish where ne now resides , and he can confidently  refer to all who know him to prove  that he has always been a  sober , honest  industrious  peaceable  and inoffensive citizen - he can say that he was now a party to a  suit  in a Court of Justice and never had anything to do with Courts except  as a juror  , except once  he was witness  in a civil suit  - He will refer specifically to the Honorable John H Overton   Judge of the Court  - Dr. William Weathersby  Senator , and Stephen  W Maddox  Esq. Representative from this Parish  or  John M A Hamblem Register of the  land office at Monroe in this Parish and  Col. Joseph  Friend  Receiver of  Public monies , by all whom he thinks can prove further that he has been generally considered a soldier of the  revolution. He further declares that by reason of old age and consequent loss of memory   he cannot  state on oath  more positively that above the time or period of his service , or the names of officers or facts and circumstances - Declarant hereby relinquishes  ever claim whatever to a pension or annuity except the present and  declares that his name is not on the pension roll of any agency in any State. Sworn to and subscribed in open Court  this  17th day of September 1833 John Ferguson ( signed ) Jno. H. Kellam ( signed ) Clerk  We Haywood Alford a Baptist clergyman  residing in the  Parish of Ouachita in  the State of Louisiana  and Joseph  Friend , & Stephen  W. Maddox of the  same  residence hereby certify that we are well acquainted with  John Ferguson  who has subscribed and sworn to the above declaration , that we believe him to be  sixty nine years of age ,that he is reputed and believed in the neighborhood where he resides to have been a soldier of the Revolution and  we also  do not hesitate
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to concur in that opinion. Sworn to and subscribed in open Court  this 17th day of September  1833 . Jno H. Kellan ( signed ) clerk  Haywood Alford ( signed ) Joseph Friend ( signed ) Stephen W Maddox ( signed )  And the said Court  proceeded to  propound the following interrogatories to the said John Ferguson  together with his answers were set down and taken in open Court . 1st.  Where and what year were you born " Answer . I was born  on  Roanoke river  in Virginia a few miles from the  State line  separating Virginia  from North Carolina  on the 30th Sept. 1763 . 2nd . Have you any record of your age ? Answer. I have none , and never had one to  my knowledge. 3rd.  Where were you living when called into the service, where have you lived since the   Revolutionary war, and where do you now live ? Answer. I answer that  when called into service  I resided in Kershaw County  South Carolina about thirty six miles from  Camden , since then  I have resided part of my time in  Christian County Ky. - part in  Warren County Mis. and now in this Parish.  4th. How were you called into service , were you drafted, did you volunteer or were you a substitute , and if a substitute for whom ? Answer.  I was drafted as a minute man . 5th . State the names of some of the  Regular officers who were with the troops where you served , such Continental and Militia regiments  you can recollect and the general circumstances of your service . Answer . I am not recollecting  any other officers except Genl Henderson  - Genl. Winn - Capt. McManus  and Capt. Watts - I do not remember the names or numbers of any of the Continental or Militia Regiments - The circumstances of my service were these ; I was drafted as a minute man  , a militia man  in  Feby 1782  in Capt. McManus's company  was called out and served under  Capt. Watts at Orangeburg ,  went from  in the beginning of  April of that year  - went thence with the troops to the  bridge on four hole creek  , commonly called the four hold bridge , and was there disbanded . I am ow old and age had at the best but a bad  memory which is now much destroyed by age , and I cannot state anything further on oath . 6th . Didi you ever receive  a discharge from the service, and if so , by whom was it given  and signed , and what has become of it ? Answer.  I never received a written discharge. 7th . State the names of  persons  to whom you  are known in your present neighborhood and their belief of your services as a soldier of the Revolution.  Answer. I will with your permission give your  Honor  Wm Weatherly , SW Maddox, Esq. - Col. Joseph Friend , Dr. Jno M.A. Hamblem , Genl John J Lower  & many others if necessary  . Sworn to and subscribed in open Court  this 17 Sept. 1833 Jno H Kellam ( signed )  clk John Ferguson ( signed )
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and the said Court do hereby declare their opinion that the abovenamed applicant was a Revolutionary soldier and served as he states , and after the investigation of the matter , and after putting the  interrogatories prescribed by the  War department the  Court doth declare  their opinion , that said Ferguson was a revolutionary soldier and served as he states - The Court  doth further certify that  Haywood Alford resides in the above named Parish  is a  Baptist clergyman , that Joseph Friend and Stephen  W. Maddox  resident in the same Parish , that they  are well known to the Court , and are all of the most unimpeachable character. Done in open  Court this seventeenth day of September  eighteen hundred and thirty two. Given under my hand and seal of the Court. J H Overton (( signed ) Judge  Seventh District  I John H Kellam Clerk of the  Seventh  District Court for the  Parish of Ouachita and State of Louisiana  do certify that the foregoing  three pages contain the original proceedings of sad Court in the matter of the application of  John Ferguson for a pension. In testimony whereof I have hereunto set my  hand and affixed the seal of the Court at Monroe in the Parish of Ouachita this 17th  September 1833. Jno H Kellam ( signed ) clerk
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No. 24802 John Ferguson Parish of Ouachita Louisiana  Rejected - services not  six months
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WAR DEPARTMENT
Pension Office

19. June 1833

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 John Ferguson, Parish of Ouchitta
                                                                                                           State of Louisiana 
==============================================================

Period when the   service was  rendered.   
Draft

Jay '81
                                                                                                                                                   
 Duration of the claimant's service Year Months Days 
1 Year 

Rank of   the   Claimant 
private


 Names and rank of the  Field officers under whom he served.  
Genl Henderson and 
Genl Winn, Capt Watts


Age at present,  and  place of abode  when he entered the service.
70 years
Orangeburg District South Carolina 

Proof by which the declaration is supported.
Traditionary
papers not properly attached
       

I am, respectfully,
Your obedient servant,
J L Edwards,
Commissioner of Pensions
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REGULATION 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 claim
ing the benefit of this law as officers, non-commissioned officers, mucicians 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                                 }

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_______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. (e) 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 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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3
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 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 Solder.     } 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 be come 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 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 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 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.
note [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 insepensible 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.