Revolutionary War Pension and Bounty Land Warrant Application File R. 10959, Hezekiah Vickery, N.C.
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[typed form, with handwritten responses]

[3-1776]

SERVICE
N. C.

Vickery, Hezekiah

NUMBER
R.10959

Born in N. C.
CONTENTS
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Georgia} 
Screven County} SS 
On this 12th day of August Eighteen hundred and thirty three personally appeared in open Court, before the Justices of the Superior Court of the County and State aforesaid now sitting Hezekiah Vickery a resident of the said County who being duly sworn according to Law (aged about 80 years) 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 entered the service of the United States under the following named officers and served as herein stated.
That in the Summer of 1779 in Anson County North Carolina he Enlisted and entered the Service as a private for 9 months under Captain Salathiel Clifton – marched through Salisbury to Hillsboro [Hillsborough] thence to Dan River & was at Gates defeat [defeat of Gen. Horatio Gates at the Battle of Camden SC, 16 Aug 1780] under Col. Hicks. Served the 9 months and was discharged at Salisbury – discharge was signed by Captain Clifton it is lost.
As soon as discharged Enlisted again at Salisbury N. Ca. under Captain Tims, was stationed at Red Bank Tar River – was at the Battle at Guilford [Guilford Courthouse NC, 15 Mar 1781]. Gen’l. [General Nathanael] Greene commanded – served under Col. Hicks. Served the time out 12 months and was discharged at Dan River – signed by Col Hicks. discharge lost.
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Enlisted immediately after the discharge at Dan River under Captain Lucas as a Private. Served under Col. Davis – was stationed at Ashley River near Charleston S.C. was under Gen’l. [Francis] Marion – was in no Battle. Served in the last tour two years. was discharged at Ashley River near Charleston S.C. in April 1783 – was signed by Capt. Lucas & Gen’l. Marion – and is lost.
He was Born in Anson County North Carolina in 1753. he has no record of his age 
When first called into service he lived in Anson County North Carolina. Since the Revolutionary War, he resided a short time near Granby S. Carolina, for the last 38 years he has resided in Screven County Georgia. 
Benjamin Taylor [pension application R1047] of Screven County Georgia knew this applicant in the Revolution and saw him in the service at the defeat of Gen Gates at Camden and at the Battle of Guilford. He knew Gen [William Lee] Davidson Gen’l. [Daniel] Morgan Gen’l. [Griffith] Rutherford.
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He hereby relinquishes every claim whatever to a Pension or Annuity except the present & 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} Hezekiah [his X mark] Vickery
Alexander Kemp J.J.C.
John S Rieves J.J.C.
Jimpsey B Hunter J.J.C.

We Solomon Bryan a Clergyman residing in the County of Screven and John Smith residing in the same County do hereby certify that we are well acquainted with Hezekiah Vickery who has subscribed the above declaration, that we believe him to be 80 years of age; that he is reputed 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} Solomon Bryan L.P.
the day & year aforesaid} John Smith 
Alexander Kemp J.J.C. 
John S. Rieves J.J.C.
Jimpsey B Hunter J.J.C.

Benjamin Taylor being sworn, says that he knew Hezekiah Vickery who has signed the above declaration and saw him in the army of the United States as a private soldier at the defeat of Genl Gates at Camden S. C. and at the Battle of Guilford - and this deponent knows of his own knowledge that the
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said - Hezekiah Vickery was a soldier in the Revolutionary war and that he served some months.
Benjamin [his X mark] Taylor
Sworn to and subscribed} 
before the court the day}
and year aforesaid} 
Alexander Kemp J.J.C. 
John S. Rieves J.J.C.
Jimpsey B Hunter J.J.C.

[written sideways] Hezekiah Vickery 27,647 Ga

And the 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 Solomon Bryan who has signed the preceding certificate is a clergyman, resident in the County of Screven and that John Smith who has also signed the same is a resident in the same County and is a credible person, and they further certifies that Benjamin Taylor who has signed the foregoing affidavit is a resident of Screven County aged about seventy years and is a credible person and their statements are entitled to credit.
Alexander Kemp J.J.C. 
John S. Rieves J.J.C.
Jimpsey B Hunter J.J.C.

I Seaborn Goodall Clerk of the Inferior Court Screven County Georgia, do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Hezekiah Vickery for a Pension. 
In testimony whereof I have hereunto set my hand and seal of office at Jacksonboro [Jacksonborough], this 12th day of August 1853
Seaborn Goodall Clerk
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Hezekiah Vickery being sworn in addition to his declaration for a Pension say that in his first tour of duty, which he commenced in the summer of 1779 he enlisted for nine months and served the whole of said nine months. 
That the second Tour was commenced immediately at the and of the first tour for twelve months, and this deponent served the whole of the said Twelve months. 
And immediately after the discharge he again enlisted and served two years - making in the whole that this deponent served three years and nine month in continuation from the early part of the summer of 1779 to untill [until] his discharge in 1783, according to the best of the recollection of this deponent. 
Hezekiah [his x mark] Vickery
Sworn to before me his this 30th April 1838 And I do certify that the said Hezekiah Vickery is a man of good reputation and entitled to be believed on oath}
Alexander Kemp J.J.C.
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Georgia} 
Screven County} By Seaborn Goodall Clerk of the Inferior Court of said County –
I do hereby certify that Alexander Kemp who has signed the annexed affidavit and certificate is a Justice of the Inferior Court of said County and that his attestation is entitled to full faith and credit and in due form
 Given under my hand and seal of office at Jacksonboro, this 30th April 1834 
Seaborn Goodall 
Inf. Ct. Screven County
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Geogia and Screven County 
Benjamin Taylor being duly sworn says that he was acquainted personally with Hezekiah Vickery the within named applicant and during the year 1780, 1781 and 1782 and part of 1783 this deponent knows that the said Hezekiah served as a private soldier in army of the Revolution, under Capt. Lucas, William Beard, Joseph Tims and Capt. Salathiel Clifton, and under Col. Hicks - part of the time Genls [General’s] Gates, Marion and Greene commanded. I saw him in the army as a soldier at Gates defeat at Camden and at Guilford, and at Hillsboro.
Benjamin [his X mark] Taylor
Sworn to before me this 21st day of February 1835
I do certify that Benjamin Taylor is a reputable man and entitled to credit on his oath -
Aby T Dopson J. P.
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Geogia}
Screven County}
By Seaborn Goodall Clerk of the Inferior Court in & for the County aforesaid. I do hereby certify that Alexander T. Dopson whose signature affixed to the within affidavit is duly qualified and acting as a Justice of the Peace in & for said County and was at the time of signing the same in due form of law, and that full faith & credit is due and ought to be given to his official acts as such. Given under my hand and seal of office, this 23d day of February 1835. 
Seaborn Goodall Clerk.
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Hezekiah Vickery 

Georgia 

Suspended 

Let 1st April 1835 

Mulford Marth 

10959
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[typed form, with handwritten responses]

[crossed out - Acts of July 14, 1862, and March 3, 1873.]

[Stamped] - REJECTED

10,959
Hezekiah Vickery
Own

Service: _________

Enlisted: ____ ,18
Discharged: _____ ,18

Application filed: _____ ,18

Alleges: ______

Re-enlisted: ______

Attorney: ____
P. O. ____
___Recognized.  _____ Contract.
___Cert. of Dis.  Searched for ____, 18.
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27,697
Hezekiah Vickery
Ga.

E-

Mulford March
Waynesboro
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[typed form, with handwritten responses]

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, (these:}). 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 [blank]

[column headings: Period when the service rendered. Duration of the claimant’s service. Years. Months. Days. Rank of the claimant. Names and Rank of the Field officers under whom he served. Age at present, and place of abode when he entered the service, Proof by which the declaration is supported.]

[blank]

I am, respectfully,
Your obedient servant,
J. L. EDWARDS,
Commissioner of Pensions
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REGULATIONS UNDER THE ACT OF JUNE 7, 1832. The following regulations have been adopted: This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army, and to include under the terms "Continental Line," "State troops," "militia," and "volunteers," all persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, &c. Teamsters, Boatmen, &c. Persons who served on board of Private Armed Vessels are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service. Four general classes of cases are embraced in this law: 
1. The Regular Troops. 
2. The State Troops, Militia, and Volunteers. 
3. Persons employed in the Naval service. 
4. Indian Spies. 
As rolls of the regular troops in the Revolutionary War exist in this Department, all persons, claiming the benefit of this law as officers, non-commissioned officers, 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} 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 (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. 
[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. 
1               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 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 bis declaration (l) and he will also, whether he produce such evidence or not. proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his
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alleged service, as they are known at the Department. A very full account of the services of each person will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be 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.} {To an Officer.} Did you ever receive a discharge from the service, and if so, by whom was it given and what has become of it? 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 he 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 trans nit 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. ln a case where the applicant cannot, by reason of 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 places 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 in 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 in 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 signatures 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 to [illegible] 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. 

[hand written] If the applicant served in the regular service he must prove it – [Illegible several words]