Revolutionary War Pension and Bounty Land Warrant Application File R. 4442, James Hairston, S.C.
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( 3-1776 ) SERVICE S.C. Hairston , James NUMBER R. 4442
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applicant for pension   John Garlington  Clk L Dist. ( vertical on page ) ( 26051 Ex Parte James Hairston )
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(II) [ State of South Carolina Laurens District ] On this twenty seventh day of March one thousand eight hundred and  thirty three  personally appeared in open Court  his honor  Josiah J Evans  one of the Judges of the Court of Common Pleas  now sitting James Hairston a resident of Laurens District and State aforesaid  aged nearly  sixty eight years being born in Ninety Six District South Carolina  as well as he remembers from having seen the family record about the second of March  one thousand seven hundred and sixty six  and being first duly sworn according to law doth on  oath make the following declaration in order to obtain the benefit of the act of Congress passed June 7th  1832. He entered the service of the United States  as a volunteer in the fall of 1781  as part of a detachment  to guard wagons but to haul corn  to  Colonel Andrew Picken's Block House under the command of Captain John Calhoun .  This term of service  continued ten days - near to the end of the year  1781  he served  twelve days as near as he remembers under Lieutenant Arthur Gray  . He is confident this last term of service cold not have been less than 12 days  and he was engaged at this time also in protecting  a number of wagons in hauling corn  to the aforesaid Block House. In the commencement of the year 1782  he served a tour  under the command of  Captain John Wilson . This term of service  a period of two months during which he was  stationed at the aforementioned  Block House situated at Col. Reid 's Mill on Long Cane Creek to prevent the Tories  and British  from destroying  the Mills which  were of much importance to the country  to about the first of March 1782  or perhaps  near the last of this month he was detached with a company of men under the command of Captain  Jno. Wilson against the Indians and  Tories, the former in company with the latter having committed some depredations in the  Whig
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settlement . This expedition  against the Indians and Tories continued eight or nine days  - near the last part of April or the first  of May 1782  he was engaged under the command of Captain Theophilus Norwood  ( Capt. Wilson  resigned ) for seven to eight day s in an almost  unremitted pursuit of  William Cunningham  who had committed about this time some outrage amongst the  inhabitants of Ninety Six  District. In July 1782  he served a term of three months under the command of  Captain  John Ervin , Col. Pickens in command- during this period of service he was engaged in   pursuing the British who were retreating from the   interior of South Carolina toward Charleston. He is perfectly confident that he served at least six months. He left the service in Oct 1782 . The whole of his service was  within the limits of the State of South Carolina  except one expedition  against the Indians aforementioned under the command of Captain  Jno. Wilson. He did not serve in company with any Continental regiments or companies. He does not know of any documentary evidence  that  would be of any service to him. He knows of no person except Samuel Matthews who can testify as to his service and  makes affidavit  that he served a tour of three months with applicant  in 1782  under the command of Capt. Jno Ervin, William Buchanon   Jr . Makes his affidavit  that he well knew  applicant  during the  revolutionary war and that he was a revolutionary  soldier. Mr. Buchanon  and Mr. Matthews both reside in Abbeville District. Mr.. Buchanon  has known  applicant upwards of fifty years and considers him a man of truth. He herby relinquishes every claim whatever to a pension or annuity  except the present ( 3)
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and declares that his name is not on the pension  roll of  the agency of any State .  Since the revolutionary war he has lived the greater portion of the time in Abbeville  District  near the  place where he was born and  he has been a resident  between  five and six years.  in his neighborhood  at present he will mention  Joshua Saxon and William P Byrd to whom he is well known  and who can certify  as to his character for veracity.  He never received any regular discharge from the service at least no written  one nor did he   hold any  commission. When discharge from the service  he was under the command of Capt Jno. Ervin.  From the short time which he has been resident in his present neighborhood he knows of  no person who can certify as to his being reputed a  soldier of the Revolution  - all the testimony he submits  as to repute and belief  is the affidavits of Mr. Buchanon and Mr. Matthews or at least in supply  of it. In the neighborhood where he formerly resided in  Abbeville District  there are persons who can testify as to the traditionary   knowledge of his service  but he supposes the affidavits of Mr. Matthews and Mr. Buchanon  sufficient.   The family record is in his possession  but the   leaf on which  his age was recorded has been accidentally torn out. Sworn  and subscribed the day and year aforesaid .  James Hasirston ( signed ) John Garlington  ( signed ) clk  L. Dist.  We do hereby certify that  we are well acquainted with   James Hairston  who has subscribed and sworn to the above declaration , that we believe him to be 67 or 68 years of age, and that we consider him a man of truth . We live in applicant's neighborhood.  Sworn to   & subscribed this 27th March 1833. Joshua Saxon ( signed )  W. P. Byrd ( signed ) John Garlington ( signed ) Clk L Dist.  (4)
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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 William P Byrd and Joshua Saxon   who have signed the preceding certificate  to reside in Laurens District S.C.  - that  they are credible persons and that their statements  is entitled to credit  Josiah J Evans ( signed ) presid. Judge  I , John Garlington  clerk of the Court of Laurens  District do hereby certify that the foregoing contains the original proceedings  in the matter of the application  James Hairston for a pension. In testimony whereof I have hereunto set my hand and seal of office  this 27th  March 1833 / Jahn Garlington  ( signed ) clk L. Dist.    applicant for pension  ( vertical notes ) ( 26051 Ex parte James Hairston ) (5)
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Revolutionary pension claim of James Hairston dec'd  of S. Car. pr. of atty  from his son John B. Hairston  to  M. Thompson fil'd  July 22, 1853 Papers cal'd for
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POWER OF ATTORNEY - Revolutionary Pension Claims.
Know all Men by these Presents, That I J B Hairston,
hereby constitute and appoint M Thompson
my true and lawful Agent and Attorney, to prosecute the Claim of James Hairston decd.
for any amount of Revolutionary Pension, or increase of Pension, that may be due; and I herein authorize my said Agent to examine all papers and documents in relation to said claim, on file in the Departments at Washington City, or elsewhere; to file additional evidence or arguments and to receive the Certificate which may be issued for said Claim, which Certificate I wish made payable to M Thompson
my agent or attorney for me  
to appoint one or more substitutes under him for the purposes herein expressed; and to do all things that I might or could do were I personally present. Hereby ratifying and confirming all that my said Attorney and Agent shall lawfully do in the premises. 
WITNESS my hand and Seal this 16th day July A. D., 1852.
                                                                                       J B Hairston SEAL
Signed and sealed in the presence of}
J W Simpson,
Notary Public
& Mageth Ex off


STATE of South Carolina⎬ ss.
Laurens District                ⎬

On this Sixteenth day of July ____. A. D. 1852.
before me, the subscriber, a Notary Public [illegible] in and for the District aforesaid , personally appeared
John B Hairston ___________and acknowledged the foregoing Power,
of Attorney to be his act and deed, for the purposes therein mentioned.

IN TESTIMONY WHEREOF, I hereunto set my hand,⎬
the day and year aforesaid.                                               ⎬
J W Simpson,
Notary Public &
Magiss Ex off
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Claim of
Act of
                                    ==================
STATE OF        }
COUNTY         } ss.
Be it known, That on this
day of              A. D., eighteen hundred and fifty                               before the un- 
dersigned , a Justice of the Peace in and for the County and State aforesaid personally appeared
                                a resident of                      in said County, and
made oath according to law that       he is the

who was a Revolutionary Pensioner

at the rate of                                                                                      Dollars per annum; that             has been
informed that the said Pension ought to be increased; that he is directly interested as a claimant in said Pension,
and makes this affidavit to be filed with such additional evidence or arguments as my Agent may use in prosecu  ting said claim.
Sworn to and subscribed, the day and}
year aforesaid, before me.                       }
                                                       J. Peace.}

I                                               Justice of the Peace, in and for said County do hereby certify 
                                                                 who executed the foregoing paper, is a
respectable resident of this County, and is, I believe, directly interested in said claim as therein set forth.                                                                                                   J. Peace.

I, John Garlington  Clerk of the Court Pleas in the  District
and State aforesaid, do hereby certify that John Simpson Esq before whom the
forgoing part, at
duly authorized by law to administer oaths, and the name thereunto subscribed, is his signature.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and
affixed my official Seal this Sixteenth
July A. D. 1852.
day of
John Garlington
Clerk of
Court of Common Pleas
General Sessions Lauren Dist
S. C.
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State of      }
County of  } ss.

It is hereby certified that satisfactory evidence has been exhibited before me


that                                                     was a Revolutionary Pensioner of the United
States at the rate of $                            per annum and that               died on the
                                                day of            eighteen hundred and
leaving surviving

and that 

the only surviving child               of the aforesaid



IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed
my seal of office this                                                                               day of   
one thousand eight hundred and fifty-
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No 26051 James Hairston Laurnes District  South Carolina  Rejected 23rd Augst. Letter to  John Garlington  Laurens C.H. So. Ca. Jno. Garlington  clk Laurens  District  S. Carolina
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WAR DEPARTMENT, [Bold Type, top center of document]

Pension Office, [Double Spaced, Bold Type, starting below the "T" and "M" of Department]

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 shew 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 compling [complying] with this request, greatly facilitate the investigation of your claim.

[Table content]
[Heading] A Statement, shewing the Service of James Hairston Laurens District South Carolina [handwritten]

[Column Headings: Period when the service was 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.]

1. [Handwritten] Vol. fall 1781. - [years], - [months], 10 [days]. To guard waggons. Cap Calhoun. 68 years. Traditionary evidence, papers.
2. [Handwritten] Served - 1781. - [years], - [months], 12 [days]. ".  Lieut. Gray. District of Abbeville S. Carolina. correct-
3. [Handwritten] Served - 1782. - [years], 2 [months], - [days]. ". Cap Wilson, Col Reed. [Blank]. [Blank].
4. [Handwritten] Served 1 Mar 1782. - [years], - [months], 8 or 9 [days]. private. Cap Wilson. [Blank]. [Blank]
5. [Handwritten] Served aprl " [" denotes same year as above]. - [years], - [months], 7 or 8 [days]. private. Cap Norwood. [Blank]. [Blank]
6. [Handwritten] Served July ". - [years], 3 [months], - [days]. " [denotes same rank as last entry]. Cap Erwin, Col Pickens. [blank]. [Blank]

7. 6.07 [Handwritten Last line of the table records a tally of the Duration of the claimant's service column 6 months and seven days.]
I am respectfully, Your obedient servant,
J.L. EDWARDS, [Bold type]
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.
[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.
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Acts of July 14, 1862, and March 3, 1873, [struck through]

REJECTED  
4442 
P. O.
James Hairston 
Service:

Enlisted:     , 18
Discharged:  , 18

Application filed:   , 18

Alleges:

Re-enlisted:

Attorney:
P.O>

Recognized.  Contract.
Page 16

James Hairston  So. Ca.  4443 Rejected see letter   August  1832 to  John Garlington  Laurens ... (illegible )
Page 17

N.B. In regard to   Mr. Hairston's application  I beg leave to say that I have  seen Mr. Buchannon and Mr. Matthew's affidavits as to their knowledge and belief of  Mr. Hairston's  services in the  revolution  and as to  general repute  on the subject these affidavits were before the  Court and  deem it proper to mention it as they were not present  to certify  in    compliance with the act. It will be perceived that the certificate of a clergyman  is wanting - this deficiency  arise from Mr. Hairston's  short  term of residence  in his present neighborhood. There is  highly  respectable clergyman  residing in his vicinity  who would have certified as to  Mr. Hairston's character for truth and general good standing bout would  have been unable to state anything in particular  as to his revolutionary services, nor is he sure that he could have remedied this deficiency in Abbeville where he  formerly lived, but it is hoped this will not be  deemed a material variance  from the  terms prescribed. In  one part of his application , one sentence  comment as  follows  " In July  1782  he served a term of three months  etc. "  it  should have read  so as to date this term of service from  July . R H Speers ( signed )  for Petitioner Lauren C. H. S. C.