Revolutionary War Pension and Bounty Land Warrant Application File S. 6,983, James Hambleton, S.C.
Page 1

(3-1776)
SERVICE
S.C.

Hambleton, James

NUMBER
S. 6983

carded
CONTENTS

Born in Scotland - Lived mostly
in Bedford Co. Virginia
Page 2

12660
Virginia
=================================
James Hambleton
of Bedford in the State of Virginia
who was a Private in the Company commanded
by Captain  Auterson in the Regt commanded
by Col Beauman in the S Car  Militia 
line for 2 years.
==================================
Inscribed on the Roll of Virginia
at the rate of 84 Dollars ______Cents per annum,
to commence on the 4th day of March, 1831.
==================================
Certificate of Pension issued the 16 day of May
 & sent to and W L Gaggins
1833.        Liberty Bedford Co Va
==================================
Arrears to the 4th of March 1833              $160.00 
Semi-annual allowance ending 4 Sep. 33   40 
                                                                              ======
                                                                             $200.00 
                                                                              ======
{Revolutionary Claim,}
{Act June 7, 1832.}

Recorded by Geo B Whiting [signature] Clerk,
Book E. Vol 6, Page 12
Page 3

State of Virginia ⎬ SS
County of Bedford
On this 28th day of January 1833 personally
appeared in open Court before Henry Brown, Lewis Winfield
Benjamin A. Donald, & William Mead
the Court of Bedford County now sitting the same being
a Court of Record, James Hambleton a resident of the
Parish of Russell in the County of Bedford and
State of Virginia aged Seventy five 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 the
7th 1832

That he entered the service of the United States under the
following named officers and serve as herein
stated to wit: He entered the service of the United States
as a militia man under Capt. George Auterson from
the district of 96 in South Carolina, he thinks awhile
before the battle of the Cowpens which he believes was
in the month of January, him being illiterate cannot
remember the date of the year when he entered as
when he left the service but on first entering the
service he continued ten months when he was
regularly discharged (but has lost his discharge and
the discharge he received for the other tours also); he
was discharged in August of the same year he
entered: and in this tour he is confident he served
not less than ten months. In about two months
after being discharged was called again into the
service as a militia man (from the same place
he was first called) under Captain George Averey
where he continued in service about six months
but will say for the greater certainly not less than
five months he is confidant, was then discharged and
returned home where he remained about three months
part of which time two months he was confined by
sickness: was then at the expiration of the said time
he thinks in August, the next year after he was free
called, was again drafted as a malitia man from
the same place under the same Captain George Averey which was
the third Tour in which he renamed but there months
when his time expired and he was discharged.
Page 4

In about a year or perhaps more (he cannot be certain)
went out under General Pickens Commander in chief
against a party of Cherokee Indians where he remained
under his command some three or four months but
is certain not less than three months and afterwards
was in numerous scouting parties under the command
of George Averey Captain with whom he entered the
service first and was with him in all his various
tours and scouting parties upwards of actual service  of Two years.
General Pickens was at the head of the command at
the time he entered the said Col Thomas Beauman
was Col of the Regiment William Fare or Fhar lieutenant
and Col. Saml Auterson Maj. George Averey Capt
Chandler Averey Lieutenant of the Company and
William Giles Ensign; he resided at the time he
entered the service in the State of South Carolina
in the district of 96: That he was drafted and
served as a militia man [illegible] required by
the Country: That he was in the battle of the Cowpens

where Tarleton  was defeated by [illegible] and where
it was said Col Washington distinguished himself
by sharing off part of Tarletons hair with the point
of his sword so close was his presence after the
Traitor. This was a romantic story that was in
circulated among the men. He was in a skirmish
also at Stono under Captain George Averey against
a party of Tories and British in which he lost the
small finger of his right hand as he [illegible]
by a rifle ball from the enemy just as he was
in the act of drawing his ammunition to load his own
gun (which he had just discharged) and this he affected
after he was wounded but was unable at last
fire; the loss of his finger has greatly disabled him
and made him less capable of making a support
by manual labour (which is his only dependance)
now that he is old and infirm. He herewith [illegible]
his fingers  to the Court. He marched from his
[illegible] in company with others and arrived at Eutaw
Spring a short time of the the battle ended but not
in time to take part with the Army in the engagement
The place at which the skirmish took place in which
he lost his finger was near the Ashley river in
South Carolina between Charleston and Savannah throughout most of which County he passed in
his marches and in various scouting parties, was
in Orangeburg on his marches and at Bacons Bridge
Page 5

which he merely passed with a scouting party where
General Green's Army was stationed at the time:
As he was generally sent out with the scouting
parties seldom where about large Towns or action
very noted places, but was confined mostly to the
Country. Col John Thomas had the command of
a Regiment whom he recollects often to have seen
and was in the engagement at stono: Has frequently
seen General Morgan and General Green and
Col Washington who looked indeed like a soldier
in whom there was no fear. He has no documentary 
evidence to prove any of the above service but
that he had discharges for all his tours and kept
them until they wore out or some mislaid and
lost. That he knows of no person in the State of
Virginia who was with him in his armies; nor does he
know of any one now living in South Carolina who
was with him at the time: and that he knows of no person
whose testimony he can produce or person [illegible] time  can
testify to his service having as aforesaid been a
resident at the time of a distant state. He was born
in Scotland in Ayrshire he has lived mostly since
and now lives in the County of Bedford and
State of Virginia. He hereby relinquishes my claim
whatever to a pension or annuity except the presence
and declares that his name is not on the pension
Roll of the Agency of any State.

He makes the following answer to the
Interrogatories prescribed by the war department

Answer to the 1st Interrogatory

In Scotland in the Shire of Ayr.: Can't tell
the year or month as he is illiterate but thinks from
calculation he is 75 years of age.

Answer to the 2nd Interrogatory

No I have none

Answer to the 3rd Interrogatory

In South Carolina in the District of
96 reside now and have resided mostly since in
Bedford County Virginia

Answer to the 4th Interrogatory

I was drafted as a militia man

Answer to the 5th Interrogatory

These are named in the body of the
Declaration
Page 6

Answer to the 6th Interrogatory
I did receive discharged but have lost
them for all my [illegible] as they are worn out; they
will given to him he thinks by his captain but by
whom they were signed he cannot answer. 

Answer to the 7th Interrogatory
William Liftwich a Clergyman of
about 60 years of age who has long known me and
John S Hurt both of the County of Bedford
Sworn to and subscribed the day and year
aforesaid
            his
James X Hambleton
            mark
We William  Liftwich a Clergyman residing in the County
of Bedford and State of Virginia and John S. Hunt residing in
the County and State aforesaid hereby certify that as an
well acquainted with James Hambleton who was subscribed
and sworn to the above declaration that we believe him
to be seventy five 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 to and subscribed the day and year aforesaid
In open Court
Wm Liftwich [signature]
Jno. S. Hunt[signature]


And the Court do hereby declare there 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
William Liftwich who has signed the preceding certificate is a
Clergyman resident in the County of Bedford in Virginia and
that John S. Hunt who has also signed the same is a resident
in the same County and State and is a credible person
and that the statement is entitled to credit.

I, Robert N. Dickinson deputy for
Robert C. Mitchell Clerk of the County Court of Bedford
in the State of Virginia do hereby certify that the fore-
going contains a true copy of the original proceedings of the
said Court in the matter of the application of James
Hambleton for a pension

In testimony whereof I have
hereunto set  my hand and affixed
the seal of the said Court the
29th day of January 1833 in
the 57th year of American
Independence

Ro. N. Dickenson D.C
Page 7

The amended Declaration of James Hambleton
Bedford County State of Virginia
To Wit
Personally appeared before me the undersigned a
justice of the peace for the County aforesaid
James Hambleton was being duly sworn deponent
and said 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 [illegible] not less than the periods mentioned
below and in the following [illegible]. 

For ten months he served as a militia man under 
Captain George Auterson as a private soldier 

For Five months he send as a militia man 
under Captain George Averey.  

For three months he served under the same as a malitia man 

For three months he served as a volunteer
under General Pickens in each and all of
the said tours as a private soldier. 

For three months in scouting parties he served
as a volunteer under the aforesaid Captain
George Averey as a private soldier. The
whole service amounts to two years and
for such service he claims a pension

The law of ten months as above commenced
in the year of the battle of the Cowpens &
ended in the month of August: the day of the
month or date of the year he cannot tell
in the month of October the tour of Five
months as above commenced in the same
year of the date of the Cowpens. For the tour 
of three months above as a malitia man he
entered the service in the month of August the
year after the battle of the Cowpens in October
or November  an his tour expired of the same  year
that he entered upon it. The tour  of three
months under General Pickens commenced
in about a year after the expiration of
the last. The tour in scouting parties under
Captain Averey commenced after this a
short time but in consequence of the
Page 8

lop of his memory in a great measure he
is utterly unable to state with certainty the friends
of the war in which he served.
         his
James Hambleton
         mark
Subscribed and sworn
to before me this 23 day
of March 1833
Fredie Aunspaugh. JP.


State of Virginia
County of Bedford Va
I Robert N. Dickenson Deputy for Robert C
Mitchell Clerk of the County Court of Bedford in the State
of Virginia, do hereby certify that Frederick Annspaugh
before whom the foregoing amended declaration of
James Hambleton an applicant for a pension, was
Subscribed and sworn to, is and was at the time of
signing the same an acting Justice of the peace in
said County of Bedford, duly commissioned and qualified
according to the Constitution and laws of this State, and
further, that it appears to me, that his signature above
is genuine.

In testimony whereof I have here
unto set my hand and affixed the
seal of the said Court, the 23rd day
of March 1833 in the 57th year
of American Independence
Ro. N. Dickenson D.C.

[Seal and ribbon present]
Page 9


Rev War 
6983
INVALID
File No. 6983

 James Hamilton
Priv Rev War

Act: June 7th 1832
Index: - Vol. 1, Page 160

[Arrangement of 1870]
Page 10

James Hamilton

C
___

Feby 19 - 1833

4.5 -
P. 263

Hon. N H Claiborne
Ho. of Rep
Page 11

BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of                                                                                                                                                         James Hambliton  (Hambleton)                            which require                                               further proof or explanation. 

I. Does the declaration show where the applicant resides?  yes 

II. Did the declarant make the declaration in the county where he resides? yes

III. If the applicant did not make the declaration in the county where he resides, is there any reason assigned for his not doing so? 

IV. Has the declarant mentioned the period or periods of the war when he served? No

V.* Has he mentioned 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? No

VI. Has he given the names of the officers under whom he served, in conformity with the regulations? yes

VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of 
June 7, 1832? yes 

VIII. Has the Court given their opinion?  yes   

IX. Has the Clerk given his certificate? yes

X. Is the Clerk's seal affixed? And if so, has it a device or inscription by which it can be distinguished from any other seal? yes
Page 12

2

XI. Has the applicant obtained the evidence of a clergyman and another respectable citizen as to their belief respecting his age and the general belief in his neighborhood relative to his revolutionary service?  yes 

XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it? 

XIII. If the applicant has no documentary evidence, and has not obtained the testimony of at least one living witness, has he stated in his declaration that such proof cannot be had? yes 

XIV.+ If the applicant's name is not found on the rolls of military service, has he produced a witness or witnesses as to his service? 

If he has produced direct proof as to service, has the magistrate who administered the oath, certified to the credibility of the witness or witnesses? 

Has the proper officer certified to the official character and signature of the magistrate as the regulations direct? 

XV.  Does it appear from any of the papers that the witness was in such a situation, or of such an age, as to have a personal knowledge of the applicant's service? 

XVI. Are the papers authenticated as the regulations direct? yes 

XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered? yes 

                                                          ________________________________
                                                                     EXPLANATORY NOTES. 

QUERE V. 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.
Page 13

3

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 pension merely state 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 an embolied corps called into service by competent authority; that he was either the field or  in garrison and for the time during which the service was performed, he was not employed in any civil pursuit.

†QUERE XIV. Proof of Service
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 claimants 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.

‡QUERE XVI.  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 paper  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 oflicer, so as to prevent any paper from being improperly attached to the certificate. 

☞In every case where the clerk of the court, or other certifying officer, 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.
Page 14

BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of                                 James Hambleton                               which require                                               further proof or explanation. 

I. Does the declaration show where the applicant resides?  
yes 

II. Did the declarant make the declaration in the county where he resides?   yes

III. If the applicant did not make the declaration in the county where he resides, is there any reason assigned for his not doing so?  --

IV. Has the declarant mentioned the period or periods of the war when he served? yes

V.* Has he mentioned 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 amout of pension he is entitled? No

VI. Has he given the names of the officers under whom he served, in conformity with the regulations? yes

VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832? yes 

VIII. Has the Court given their opinion?
  yes   

IX. Has the Clerk given his certificate?
 yes

X. Is the Clerk's seal affixed? And if so, has it a device or inscription by which it can be distinguished from any other seal? yes
Page 15

XI. Has the applicant obtained the evidence of a clergyman and another respectable citizen as to their belief respecting his age and the general belief in his neighborhood relative to his revolutionary service? Yes 

XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it? --

XIII. If the applicant has no documentary evidence, and has not obtained the testimony of at least one living witness, has he stated in his declaration that such proof cannot be had? 
Yes 

XIV.+ If the applicant has produced a witness or witnesses as to his service has the magistrate who administered the oath, certified that he, she ot they are persons of credibility? --

Has the the official character and signature of the magistrate been certified by the proper officer under his seal of office? ----


XV.  Does it appear from any of the papers that the witness was in such a situation, or of such an age, as to have a personal knowledge of the applicant's service? --

XVI. Are the papers authenticated as the regulations direct? Yes 

XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered? 1. 2 3 in part  7 not auth

                                                          ________________________________
                                                                     EXPLANATORY NOTES. 

QUERE V. 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.
Page 16

3

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. 

†QUERE XIV. Proof of Service
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 claimants 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.

‡QUERE XVI.  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 paper  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 oflicer, so as to prevent any paper from being improperly attached to the certificate.
Page 17


Bedford Co
Liberty / March 24, 1833
I
Sir,

I am the Counsel for James Hambleton an applicant
for a pension under the Act of Congress of June the
7th and have twice prepared his papers  and sent 
them back with al the defaults supplied and with
amended Declaration made in conformity with
the Explanatory now furnished by the department
and which accompanied the brief of objections
furnished him

It will be seen that  from the brief of objections to
his first Declaration which brief is herewith transmitted
and marked B. that his declaration was defective
in not taking with precision the length of his service
and because the first second & third Interrogatories
were only answered in part and the seventh was not
answered. 

These defects were remedied as will be seen
the brief of objections to the said Declaration (both of
which are now again herewith [illegible] to the
[illegible] the brief marked C.) except as to the
statement of his service "with precision" that defect
he has now supplied by an amended Declaration
as aforesaid all of which are sent to the department
In the briefof objections As sworn to the second
declaration as will be seen there is one objection
which was not in the first and that is that
he did not state the periods of the war above
he served.   Now if this objection lies to the second
it did to the first also but yet it was not made
if however it was in fact an [illegible] to within
it is supplied by the amended Declaration and
all the he defects are remedied and he asks
the attention of the department to his claim 
as he is duly entitled to it & much in want
of assistance.   Enclosed is to me as his Atty. as to
[illegible] perhaps it would [illegible] much
know by having described to me [illegible him as
are in a distance part of the Cty

I am yrs &
Respectfully
W. L. Goggin