Revolutionary War Pension and Bounty Land Warrant Application File R. 10,174, for William Stewart, South Carolina
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( 3-1776 ) SERVICE S.C.  Stewart , William NUMBER R. 10,174  1773 & 1774
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Declaration  In order to obtain the benefit of the act of Congress passed June 7, 1832. [ State of Indiana Franklin County ] On this twenty  ninth day of October  A.D. 1850 personally  appeared before Giles Gant one of the  Associate Judges of the Franklin Circuit  Court in said State  being a  Court of record , William Stewart  Senr.  who is unable to appear in open Court  by reason of bodily infirmity  a resident of Meramon township  in said County  and State aged ninety five  years  the 15th day of November  A.D. 1850  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  was living in   Greenbriar County Virginia  in the year 1773  and in that year in  August  he volunteered for six months and  under Captain John Fagin in the   service of the United States to  guard the block house at Holstein and the citizens  moving to  and  returning from Kentucky , he remained at the block house  three months  for at the block house we would guard the persons out to the Cumberland Gap  and the  guard then   would  take them  on  and  we would return  with them coming out
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to the block house - this was necessary to  protect them from the Indians - Capt.  Johnson  was at the Cumberland Gap  in service there when the term of service was out. some months after in the year 1774  an order come to  raise a number of men  were ordered out   to go to the mouth of the Kenana river in August  1774  I volunteered under Capt. Wm. Arbuckle for six months to serve in this  expedition.  Gen. Dunmore was to raise men in Pennsylvania and meet us at the mouth of Kenana- there was 800 men raised in our neighborhood . I still  lived in  Monner County Va.  and we marched under Capt. Arbuckle  - Col. Charles Lewis and Andrew  Lewis  was the General.  when we arrived at the mouth of Kenana  sometime in 1774 , we immediately  built a fort at the mouth - Genl. Dunmore stopped his men at Fort Pitt and did not  meet us and our 800 men  were all that were at the Fort  built by us  and our Genl. sent back  for 300 more men while we lay at this fort  we had a battle with the Shawnee Indians  on the 10th day of October 1774 - early in the morning we heard that the Indians were in the neighborhood, they had  crossed the Ohio  to the Virginia side in  quite large numbers - Capt. Arbuckle with 100 men were raised out  early in the morning to meet then and I was one of the 100 - we  had gone up the river  about half a mile  and met the Indians - we brung too small a co. to meet them fell back  about a quarter
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towards the Fort  when 300 more men  came out to  our relief and  we then fought  and whipped the Indians who  again crossed back on the Ohio - Genl. Lewis  remained in the Fort  with about 400 men. In this  battle Col. Lewis  and Col. Heminy were both killed and we lost in killed some wounded about 140 men we found about 11 Indians left on the field the  rest were carried away  or thrown in the river - a very short time after this the 300 men  raise and arrived at the Fort & the men wanted to cross the river and follow the Indians but Genl. Lewis  would not allow it. I remained in service in this expedition  six months and returned home  and  remained in Greenbriar County  . After this  - Maj. Thomas Quirk come into Montgomery County Va.  as a recruiting officer and I  enlisted under him in the service of the united States for three years if not sooner discharged, and received $10 bounty  in  continental money  - my Capt. was Francis Marion - Morgan was the General - Isaac Shelby was one Col. - our business was to subdue the tories and keep the country quiet - during this three years I belonged to the company  & was on horse mostly . I served under these officer the full three years and was discharged at Richmond Virginia some time before the war closed. ) cannot tell the exact time or precise year when I enlisted or left the service. I was
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in this service in some battles viz - King's Mountain - Cowpens - Eutaw Springs - Liberty Hills  etc. at King's Mountain  Genl. Ferguson commanded the Tories  & some British troops and camped on Kings Mountain  about  sunup . We had spies out the night before  and saw by the lights and fires that the enemy was on top - we were on the North side of the Mountain and  followed them and met them next morning Col. Shelby - Capt. Marion _ gen. Morgan - Col. Williams - Capt. ward . In this engagement we lost Col. Williams & Capt. Ward and killed & about 26 or 28 men militia  - Genl. Ferguson was also killed on the other side now then  the enemy surrendered or gave up - more of Genl. Morgan's men were killed in this battle - and the loss was with the militia. At the battle of the Cowpens  Genl. Tarlton was the British commander and Genl. Morgan  - Capt. Marion  , Shelby etc. were in this engagement - Maj. Quirk was in our Regiment this  battle commenced in the morning and we whipped the British - we had 3 or 4 men wounded in this engagement, but none killed. At the Eutaw Springs in North Carolina we had a skirmish with the tories and  routed them - we hung some tories here and a strong branch was between  us in the engagement- The battle of Liberty Hills in Georgia  was on the  road from Augusta to South Carolina  we came up
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with the tories on top of the hills and  fought some them off - At this engagement Marion with his men about 50 men were all that  was engaged - after this  the place was called Liberty  hills - During my three years service  we made through Georgia - South & North Carolina  - Virginia  - Jersey Pennsylvania and into New York - I received a  written discharge at  Richmond Va. from Col. Shelby , but this has been lost. 1. I was born in the State of Maryland at Bells Iron Works Nov. 15, 1755  and  remained  until I was 11 or 12 years - when my  father moved over into Rockingham Virginia and lived until I was about 16  when I moved into Greenbriar County Va. 2. I have no record of my age - I had it in a Bible and when my son Thomas  went to Tennessee in1810 he took it with him - he has been dead a good while I have never heard of it since. 3. I was living in Greenbriar County Va. when called into service - Ehen I left Greenbriar County   I went to .. ( illegible ) now  Tennessee  and lived at the same place thirty years and since then I have lived in Indiana.4th. I volunteer the two first engagements and enlisted the last  time. 5. I have above given the names of the officers and the  places of my
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service. 6. I did receive a discharge from the service from Col. Shelby  at Richmond Va. which has been long since lost. 7. I am acquainted with  David Alley , Robert Stoops, Wm. Stoops, Gray W.  Kimble  & Wm. Gant who live in my present neighborhood who can testify to my character etc. He 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 the agency of any State. Sworn to and subscribed the day and year aforesaid before me Giles Gant ( signed ) AGFCC  William Stewart ( his mark X ) We David Alley a clergyman  residing in Butler Township in  Franklin County Indiana and George W Kimble  residing in Brooksville township in the same County hereby certify that we are well acquainted with William Stewart  Senr. who has subscribed and sworn to the above declaration, that we believe him to be ninety  five years of age in  November 1850  - 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 sub-                          David Alley ( signed ) G.W. Kimble ( signed )
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scribed to before me the day & year aforesaid l. Giles Gant ( signed ) Associate Judge   And I, Giles Gant said Judge do hereby certify and declare that it is my opinion after the investigation of the matter and after putting the interrogatories prescribed by the War Department that thee above named applicant was a Revolutionary soldier and served as he states - And I further certify that it appears to me that  David Alley  who has signed the preceding certificate is a clergyman resident in Butler township  Franklin County and that  George W Kimble  who has also signed the same is a resident of Brookville  township  in the same County  and is a credible person and that their statement is entitled to  credit - And I further certify that the said William Stewart  Senr. is unable to appear  in open Court and cannot so appear from bodily infirmity . Given under my hand  and seal this 29th day of October  A.D. 1850. Giles Gant ( signed ) Associate Judge
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[ State of Indiana Franklin County ] I John M \Johnston  Clerk of the Franklin Circuit Court  in and for said County do hereby certify that the foregoing contains the original proceedings had before Giles Gant  an Associate Judge of this Court in the  matter of the application of William Stewart  Senr. for a pension , and I do further certify that the said Giles Gant  is and was at the time of making and  .. ( illegible ) said proceedings  to wit on the 29th day of October A.D. 1850  one of the Judges of  said Franklin Circuit Court and tat said Court is a Court of Record and that the signature of said Giles Gant  are annexed  to said application  and proceedings is and are genuine. In testimony whereof I have hereunto set my hand and seal of office  this 4th day f November  A.D. 1850 . John M. Johnston ( signed  / sealed ) clerk
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COPY
_____

Pension Office
February 7, 1851.

George Holland
Brookville
Indiana

Sir:

The declaration of William Stewart, under the Act of June 7, 1832,
has been examined and filed. Claims made at this late day under an
act passed so long since are necessarily viewed with distrust, and
can be admitted only when sustained by the strongest evidence. In
the present case not only is there no evidence to corroborate his
statements themselves, are disproved by history. His accounts
of the battles he was engaged in differ materially from the
received ones, and it is certain that no Captain named Marion
was ever (not clear)  in Colonel Morgan's Regiment.

I am, Sir, etc.,
F. S. Evans, for Comr.

Triplett
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Brookville Indiana Nov. 4 1850 To the Com. of Pensions Washington City D.C. Sir, Enclosed  I forward you the declaration of Wm. Stewart  Senr. a Revolutionary soldier to obtain a pension under the act of 7 June 1832. I hope the same will be found satisfactory as the old man is as he  represents himself to be . Your etc. Geo. Holland ( signed ) Atty
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[ State of Indiana Franklin County ] Before me , James Mewhinney  a Justice of the peace in and for the County of Franklin  and  State of Indiana  personally came Isaac Fuller  who being duly  sworn  according to law on his oath says that he has been personally acquainted with William Stewart  Sen. for more than thirty years last past he thinks it was about the year 1814  he first became acquainted with  William Stewart Sen. from his first acquaintance with Stewart up to the present time he has frequently  conversed with the said Stewart in relation to his the said Stewart's services in the Revolutionary War, and from facts related by the said Stewart and from what the said Isaac Fuller has heard his own Father relate in relation to the same facts stated by  the said Stewart and from common reputation where  Stewart resides in Franklin County  Indiana that said Isaac Fuller  has never had any doubt of the
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and the said Isaac Fuller further states that he is now seventy three years of age and owns the gun bought  by the said William Stewart Sen. for his own use, and has frequently  heard the said Stewart say  he never intended to take any   steps to get a pension as long as he was  able to  hunt and make a living . The said Isaac Fuller was in the army of the War of 1812  and served in the then Territory of Indiana in the year 1814 , and has obtained  a land warrant for his said services. While in that service he  was well acquainted with Jacob Stewart  also in the same  service  a son of the said William Stewart Sen.  now dead, and frequently  herd the said Jacob Stewart speaking of his father's having been a soldier  in the Revolutionary War. Isaac Fuller ( his mark X ) Subscribed and sworn to before me this 14th day of November 1833. James Mewhinney ( signed / sealed  ) Justice of the peace
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[ State of Indiana Franklin County ] Before me James Mewhinney  a Justice of the Peace in and for the County of Franklin and State of Indiana  personally came  Thomas Herndon who being duly sworn according to law makes the following statement of facts which he believes to be true according to his best memory  and belief. That the said Thomas Herndon first became acquainted with William Stewart Sen. in Franklin County  , Indiana   about the year 1814 ,  he has heard his own father and the said Stewart  frequently  conversing about matters connected with the Revolutionary War , and has heard  his said father and the said Stewart talk of their being together in the service under Colonel Morgan the father of the said Herndon being a wagon master in the army under Colonel Morgan , and has frequently  heard his father and the said Stewart conversing about things that transpired while the said Stewart  and said affiants father were together in the service. He has also  heard the said William Stewart Sen many times  talk of his services in the Revolutionary war and that he intended to get along without a pension so long as he could .. ( illegible )  and the said affiant further states that from what he has heard and  personally knows of said William Stewart Sen.
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he was always of the opinion  that the said Stewart had been in the service of the United States in the War of the Revolution. Said affiant  is now seventy one years of age and his memory as to particulars  is not good, but what he states as to the conversations between his own father  and the said Stewart are matter so frequently occurring  as to be impressed upon his memory. Persons frequently spoke to the said William Stewart about getting a pension and he always said he never wanted a pension while he could shoot a deer. Thomas Herndon ( his mark X ) Subscribed and sworn to before me this  14th day of November 1833. James Mewhinney ( signed / sealed ) Justice of the Peace
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[ The State of Indiana Franklin County ] SS. I, John M. Johnston  clerk of the Circuit Court  ( being a Court of Record )  for the County of Franklin  in the State of Indiana  do hereby certify that  James Mewhinney   Esquire before whom the foregoing affidavits of Isaac Fuller and Thomas Herndon  to which this is  attached were made  sworn to  and subscribed was at the time of the making swearing to and subscribing the same an acting Justice of the Peace within and for the County and State aforesaid  duly elected, commissioned and qualified and fully authorized by law to administer oaths for general purposes ; that the foregoing signatures purporting to be his are genuine, and that to all of his official acts full faith and credit are due and ought to be given. And I further certify that I am acquainted with the said affiants  and that  they are persons of credibility. In testimony whereof I have hereunto set my hand  and affixed the seal of said Court at Brookville this 17th day of November A.D. 1833 . John M. Johnston ( signed / sealed ) Clerk
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G.W. Kimble Nov 26/53
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391  Pension Office Nov 26 1853 Sir, I enclose you a copy of a letter written to George Holland on the 7th of Feby  1851 disclosing the condition of the claim of William Stewart  Senr. of Indiana. The additional evidence now sent  does not strengthen the case in the  Court. His service  must be proved by the testimony of those who knew of his service. G.W. Kimble Esq. Brookville Franklin Co. Ind.
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Brookville, Ind. Nov. 17th 1833  Hon L. P. Waldo Com. of Pensions  Some time in the year 1850  Mr. William Stewart  Sen. through  the  agency of Joseph A. Miller made application for a pension. The subsequent  death of Mr. Miller renders it impracticable to get satisfactory information as to the  cause of the failure of that application  as the letters received by him , if any , from the department cannot be found. But the facts so far as can  be ascertained  respecting that application are set forth in the affidavit of George Holland Esq. which affidavit accompanies this letter, Miller having died  shortly after the application was made, and   Wm. Stewart being quite aged and unacquainted with the  true cause of the rejection of the application whether for sufficient proof or lack of form, the matter was neglected  by him until very recently , when at the request of Mr. Stewart the writer of this letter  made enquiry  as to the proof of his services, which enquiry  has resulted as will be seen by the accompanying  affidavits other affidavits many of them  two, of a similar character can be produce from the  most respectable citizens of  Southeastern Indiana , if required by the Department; The writer is  aware of the  great difficulty under which Mr. Stewart
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labors respecting dates - he is very old and although he relates  all the incidents of  several battles with great clearness , yet he says , he may be mistaken as to dates. The incident which he  most clearly recollects is a wound received by himself at the Cowpens which is related at greater length in an affidavit accompanying this letter. The Department is well aware that great allowance should be made for the want of clearness in the memory  of a man who has lived through the incidents of a century and at an age so advanced  is required to call to mind the dates of transactions of the earlier periods of his life. It is hoped that the Department may give this case that consideration  which justice and equity would most clearly seem to award one of the surviving soldiers of our Revolution. Should any further proof be asked by the Department  they will be forwarded with as little delay as practicable. Very Respectfully yours etc. G.W. Kimble ( signed ) Please address G.W. Kimble Brookville Franklin County Indiana
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[ State of Indiana Franklin County ] SS. On this 15th day of November 1833 before me  Alfred Ward a Justice of the Peace in and for the County of Franklin and State of Indiana  personally came George W. Kimble  who being by me duly sworn on his oath says : I  have been acquainted with William Stewart Sen.  for some thirty years and have frequently heard him speak of having served his Country  in the Revolutionary War under Colonel Morgan and also under Colonel Shelby , that he was in several battles among which  the battle of the Cowpens and the battle of King's Mountain . That on a recent visit to the place  where the said  Stewart is now residing with a daughter of his , and she in indigent circumstances, he found the said Stewart almost  destitute of means of sustenance and nearly blind , and that from the  best information he could get on the subject, the said Stewart  has no friend prepared to take care of him  and render his situation by any means comfortable, that he said Stewart has been an inmate of the common  poor house until within  a few months past . Stewart stated that he could not endure the idea of being a pauper in the poor house, after having served his Country in her war  for independence , and that although  well
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fed in the poor house  the confinement  there must shorten his life, that the said Stewart exhibited to said affiant  a wound in his skull which the said Stewart stated he had obtained a the battle of the Cowpens under the following circumstances at that battle immediately after the first fire by the Americans the enemy made a charge upon them and in that charge a British  Dragoon, while he the said Stewart was reloading his gun , gave him , the said Stewart a blow upon  the head with a sword and gave the said Stewart  what he terms  " my receipt for services rendered my Country in the Revolutionary War."  The skull was broken and  trepanned  leaving a hole in the skull almost the size of a dime. That after the passage of the  pension law, he the said affiant  has frequently  heard the said Stewart say he never would  ask his government for relief so long as he could maintain himself  by his own labor, that he had always  thought it wrong to ask for a pension so long as he could get along on his own resources - that it was more a disgrace that an honor to ask relief at the hands of the government unless actual necessity compelled him so to do. And said affiant further says that from an intimate acquaintance with the said Stewart  and from the reputation of the man when he
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resided in Franklin County Indiana , has  never doubted  that he said Stewart was a soldier in the Revolutionary War. G W. Kimble ( signed )  Sworn to and subscribed  before me this  15th day of November  1833 . Alfred Ward ( signed / sealed  ) Justice of the Peace
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[ Brookville Franklin County Indiana ] Nov. 15th 1853 I have been acquainted with Mr. William Stewart Sen. of Franklin County for twenty five or thirty  years he  was an old man  when I first knew him  , and I have no doubt but he was a soldier  in the service of his Country  in the Revolutionary War. I believe too that Mr. Stewart  might have long since and very justly  have claimed & received a pension for his suffering & his services  in the war , but he did not ask it , because he could live without it , he is very old & infirm  & nearly blind, having nothing left or  provided for old age to a  man , he is driven by  necessity to apply for a pension. It is believed there are some men  who entertain the  mistaken  view that to ask a pension even though justly entitled is unbecoming in a man , and  a soldier . I think  Mr. Stewart  is one of that class , nor do I believe  he would now apply for a pension ,but that he is now very old & blind , and in indigent circumstances. N. D. Gallion ( signed ) Sworn to and subscribed before me this 15th day of November 1853. Alfred Ward ( signed / sealed ) Justice of the Peace
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[ State of Indiana Franklin County ] ss. On this 15th day of November in the year 1853 before me  Alfred Ward , a Justice of the Peace in and for the County of Franklin  and State of Indiana  personally came  William T. Berks who being  by me duly sworn according to law on his oath says That he, the said affiant became acquainted with William Stewart  Sen. about the year 1818 and has been  acquainted with him the greater part of  that period to the present  time, and from frequent conversations with the said Stewart and his reputation in the County of Franklin , aforesaid, his residence, relative to his services in the Revolutionary War , said affiant has always believed the said Stewart  to have been a soldier in the American army during that war. W.T. Berks ( signed ) sworn to and subscribed before me this 15th day of November 1853. Alfred Ward ( signed / sealed ) Justice of the Peace
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[ State of Indiana Franklin County ] On this 15th day of November 1853  before the undersigned Alfred Ward  a Justice of the Peace in and for said County personally came George Holland who  being sworn on oath says that he has resided in said County  for about 35 years  and as been acquainted with  Wm. Stewart Sen. an applicant for a pension. for the most of that time - that he has always sustained the  character and reputation of being a Revolutionary soldier  that he is now a very old man near or over one hundred years old - that he  raised a first family of children the eldest of whom must be over 70 years old - that  about 20  years since he married  again and has raised a second family - that he has always been an industrious man  and the reputation about him has  been that it was  unnecessary to apply for a pension as long as
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as he could support  himself by labor- that he has always been a poor man , but still supported himself by his labors until the last few years, he has become almost blind and consequently  unable to labor  within  the last few years he has been in our poor house a part of the time  and is now  an object of charity - that he has always  sustained the character of an honest man . Some years since perhaps in 1850 at the  insistence of a friend  I visited the log cabin of said Stewart and drew up a declaration  for the purpose of  procuring a pension which I forwarded to the department at Washington City  and the application rejected. The applicant was then  quite old and although more of his statements did not in  detail correspond with the  history of the war. I was then and still satisfied that he has  been in  the service and was a
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Revolutionary soldier - I think his history  contained in said declaration manifested no disposition to  desire the government or tell falsehood although  contains some errors & more the lapse of time  it would  be impossible to  procure proof of his services, but ... ( illegible ) be old acquaintances  would concur in saying  that .. ( illegible )  he was a Revolutionary soldier in which  opinion I concur. Sworn  & subscribed before me this day and year aforesaid . Alfred Ward ( signed / sealed ) Justice of the Peace G. W. Holland ( signed )
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[ The State of Indiana Franklin County ] I, John M.  Johnston clerk of the Circuit Court for the County of Franklin  in the State of Indiana  do hereby certify that Alfred Ward  Esquire  before whom the foregoing  affidavits were made , sworn to and subscribed , was a the time of the making, swearing to and subscribing the same and still is , an acting Justice of the Peace within and for the County and State aforesaid , duly elected, commissioned and qualified  and fully authorized by law to administer oaths for general purposes , and that he foregoing signatures purporting to be his are genuine and that to all of his official acts, full faith  and credit are due and ought to be given. And I further certify that  I am acquainted with the  before mentioned  affiants, and that they are persons of credibility . And I further certify that the said Circuit Court is a Court of record. IN testimony whereof I have  hereunto set my hand and affixed the seal of said Court at Brookville this 16th day of November A.D. 1853. John M. Johnston ( signed / sealed ) C. Clk
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10.174 Wm Stewart REJECTED
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Will the Commissioner please inform me as to the state of this case ? Jno L. Bohannon ( signed ) ( vertical note ) ( Joseph A. Miller about pension )
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Brookville Dec 3rd 1850 Honorable John L Robinson  Sir, Please call at the Pension Office and  urge the claim of William Stewart Sen.  the claim that I wrote to you about the last session of Congress you will find it made out by George Holland Esq. and has been mailed about four weeks the old man is old and very infirm except in his mind and I think it very clear for a man of his age and he is very needy. Please see to it  and drop me a line as early as possible concerning the matter. Yours respectfully  Joseph A. Miller ( signed )