Revolutionary War Pension and Bounty Land Warrant Application File S. 13320, John Hart, N.C.
Page 1

Service
N.C.

Hart, John

Number
S13320

Borwin Perri
Contents

Carded
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Service 
N.C.  

Hart, John  
Number 
S13320  

Borwin Perri 
Contents  

Carded
Page 3

7620

Kentucky

John Hart
of Caldweld Co. in the State of Kentucky 
who was a private in the company commanded
by Captain French of the Regmt commanded
by Colonel Hill in the North Carolina
line for 12 months


Inscribed on the Roll of Kentucky
at the rate of 40 Dollars and - cents per annum.
to commence on the 4th day of March, 1831.

Certificate of Pension issued the 6th day of May
1833 and sent to Thomas
Haynes Princeton Kentucky


Arrears to the 4th of March            80.00
Semi-al.allowance ending 4 Sept   20.00
                                                            _____
                                                           $100.00
{Revolutionary Claim, Act June 7, 1832}
Recorded by Daniel Boyd Clerk,
Book E  Vol 7  Page 12
Page 4

died 13 Sept 1846
Set to  JA Heller[crossed out]
111 July 55 [crossed out]
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John Hart.
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State of Kentucky Caldwell County Ls: On this 18th day of August 1832 personally appeared before me Coleman Brown, on the the justices of the County Court of said County State, John Hark, a resident of said county and state, aged about eighty year, who being first duly sworn according to law, doth in his oath, make the following declaration in order to obtain the benefit of the act of Congress passed June 7, 1832. That he entered the service of the United States under the following named officers and served as herein stated to wit: That at about the year (which he does not remember) in the County of Onslow, State of North Carolina, he entered the service in a minute Company as a corporal in said Company Commanded by Captain Joseph French Lieutenant Richard Jarrett which company was raised fa the purpose of guarding Wilmington in that state and was attached to the Regh a Brigade Commanded by Genl Liventon (the same who was defeated at Brier Creek) That this service was for nine months, and during the time of the expedition and while were guarding Wilmington, an express arrived for us (the troops under Linenton) to join Genl Caswell immediately, to repel a sudden attack which the Brittish Contemplated on Wilmington (Caswell being then in the neighborhoods) That the night before the expected attack, we attacked a party of tories under the Command of General McCloud Colonel Campbell and totally defeated them at Black river, and which engagement both McCloud Campbell were killed; after which the Brittish retreated, and the attack on Wilmington was abandoned. That he served and in this campaign, of his full term of nine months as a corporal and was discharged, tho' by no written discharge. That not long afterwards he was again drafted for a term of three months from the same County, to guard the state house in Jones County, which service he fully performed under the Command of Colonel Sam Hill. That after these two terms of service, he was almost constantly on service during the whole war, in repeling the incursions of the tories, and had many skirmishes with them, but he cannot pretend now to fix the terms of service, as it has been so long ago, and his memory is impared by age; but as to the two terms above mentioned he is certain his memory as to them is good. That he knows of no person now living who served with him, and who could prove his service, as he expects his old comrades are
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all dead, not having heard from any of them in many years. That he is now very old helpless and extremely poor, and cannot possibly go to the court of his county, (which is about fifteen miles distant) owing to bodily infirmity and poverty, having only one child (and she a daughter) to support him. That he served with John Jarrett, Benjamin Pike, Saml Hancock and Hazekiah Hancock, but they are probably all dead, as some of them were older than himself- that he knows of no documentary evidence of his service unless the records of North Carolina will furnish it. And to the proper interrogatories being put to him (those directed by the War department) he answered as follows:  That he was born the 14th day of October 1752 in Sufax county State of Pennsylvania, and when a boy, moved to Onslow County North Carolina and lived there near forty years- that he left N Carolina upwards of thirty years ago, and has been living in this county a good many years, and now lives here- that he was drafted into service, and made a corporal as before stated- that he did not serve with any regular troops that he knows of, and has mentioned the names of  all the militia officers with whom he served, or that he remembers- that he does not remember of receiving any written discharge- that he is known by many, if not all his neighbours, the names of some of whom are , John Drennon and James Clinton (two revolutionary soldier, but unknown to him at that period), Coleman Brown Esqr. Abner W Smith Esqr. Edmond Wilcox a clergyman Henry Cartwright and many others he could name, all of whom could testify as to his character for veracity, and their belief of his services as soldier.
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. [signed] John Hart
Sworn to and subscribed the day and year aforesaid.
attest
Coleman Brown JP CC

We John Drennon, [crossed out- Abner W Smith and ]  John Cannon and Warham Easley residing in the county of Caldwell and in the neighborhood of the above named John Hart) hereby certify that we are well acquainted with the said John Hart, who has sworn to and subscribed the above.
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declaration: that we believe him to be about eighty years of age, that he is reputed and believed in the neighborhood where he resides to have been a soldier of teh revolution and that we concur in that opinion.  [signed] John Drennon John Cannon Washam Easley
Sworn to and subscribed the day and year aforesaid. Coleman Brown JP cc

And I the said Coleman Brown, justice of the court aforesaid do declare my opinion, after the investigation of the matter, and after puting the interrogatories prescribed by the War department that the above named applicant was a revolutionary soldier, and served as he states. And I do further certify, that it appears to me that John Drennon, [crosed out- Abner W. Smith and] John Cannon, and Warham Easley who have signed the preceeding certificate are credible perosns, and that their statement is entitled to credit and that the said applicant is unable to attend the court owing to bodily infirmity and that it is inconvenient for the applicant to procure a clergyman. In testimony where of I hereunto set my hand the day and year aforesaid.
Test
Coleman Brown JP CC


State of Kentucky, Caldwell County  SS:

I Nathan S. Dallam, clerk of the county court of the county aforesaid, do hereby certify that Coleman Brown, Esqr (who has signed the preceding certificate, annexed to the declaration of John Hart for a pension) is now, and was at the time of signing the same, one of the justices of the said court, duly commissioned and qualified according to law, and that due faith and credit are due to, and ought to be given to all his official acts, as well out of court, as in court, and that his signature thereto is his proper signature.
In Testimony where of I hereunto set my hand and affix the seal of said court at office, the 27th day September 1832 and 41 year of the commonwealth. N. S  Dallam
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14255
John Hart

from- Private
12 months

$40.


Thos Haynes Esq
Princeton
Ken
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BRIEF in the case of John Hart 
County of Caldwell in the state of Kentucky
(Act 7th June 1832).
1. Was the declaration made before a Court or a judge?  Justice of the Peace
2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity? Yes
3. How old is he? 60
4. State his service, as directed in the form annexed.
Period
In 17
Duration of Service
Years
7 months 
Days
Rank
Corporal
Names of General and Field Officers under whom he served
Capt. Waugh, Lt. Jarrett
Gen. Livinton. (minute man), Col Hill
Period
drafted
Duration of Service
Years
3 Months
Days
5. In what battles was he engaged? None
6. Where did he reside when he entered the service?  Onslow Co. N. C.
7. Is his statement supported by living witnesses, by documentary proof, by traditionary evidence, by incidental evidence, or by the rolls? Traditionary
8. Are the papers defective as to form or authentication? and if so, in what respect? Correct
I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
T. Waugh
Examining Clerk
Feb. 15, 1853
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January 7, 1939

BA-J/CC
John Hart
S.13320

Mr. Guy H Wells
Georgia State College for Women,
Milledgeville, Georgia

Dear Sir:
     The data which follow were obtained from the papers in pension claim s.13320, based upon service in the Revolutionary War of John Hart.

     John Hart was born October 14, 1752, in Sussex County, Pennsylvania, and when a boy moved to Onslow County, North Carolina, where he resided about forty yeas. Names of parents not show.

     John Hart enlisted and served nine months as corporal in Captain Joseph French's North Carolina company, was in an engagement with the Tories at Black River. He again enlisted and served three months as corporal in Colonel Samuel Hill's North Carolina, regiment. He rendered subsequent service almost continuously during the remainder of the war against the Tories and had many skirmishes with them. The length of these services is not shown.

     The soldier was allowed a pension on his application executed August 18, 1832, at which time he was a resident of Caldwell County, Kentucky, where he had lived a good many years. He had moved from Onslow County, North Carolina, about thirty years previously.

     John Hart died September 13, 1840, place not stated.

     In 1832, John Hart stated he had only one child, a daughter to support him, but did not state her name. There are no other family data shown.

Very truly yours,

A.D. Hiller, 
Executive Assistant 
to the Administrator.
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January 7, 1939

BA-J/CC
Richard Fretwell, S.16384
John Hart. s. 13320


Mr. Guy C. Wells  [c crossed out- H . ok on original]

Dear Sir:
     Reference is made to your letter in which you request the Revolutionary war record of Richard Fretwell, a pensioner in Newton County, Georgia in 1840, and of John Hart of North Carolina.

You are furnished herewith the Revolutionary War records of Richard Fretwell and John Hart.
 Very truly yours

A.D. Hiller,
Executive Assistant to the Administrator
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Mrs. Henson phoned following information related. to John Hart,  Cert. 7620.
He died Sept. 13, 1840
Last payment of pension made Sept 25, 1840
An affidavit signed by soldier on Sept. 7, 1840 in Caldwell Co. Ky. stating he had resided there for 30 years past and that previous to that time he resided in North Carolina.

no ass. made for accrued pension

MCS
1/10/39

Leave this General accounting office report in this case. MH
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[left side of page]
1939- Jan 7 - Hist to Guy H Wells cc
letter in claim Rich Fretwell
S.16384

[right side of page]

13320
Rev War
INVALID.

File No. 13320
John Hart
Priv Rev. War

Act: June 7 th 1832
Index:- Vol 1, Page 435

[arrangement of 8170]
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July 1 of 55
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Pension Office
July 10, 1855

Sir
The papers relating to the arrears of pension due to the heirs of John Hart and William Blackburne, decd, have been referred to the Third Auditor of the Treasury.


James C. Weller, Esq
Princeton
Ky
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BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of John Hart which require further proof of explanation.
1. Does the declaration show where the applicant resides? Yes
11. Did the declarant make the declaration in the county where he resides? Yes
111. If the applicant did not make the declaration in the county where he resides, is the 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 mention 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? Yes
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 7i, 1832? Yes
VIII. Has the Court given their opinion? The Justice has
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
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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? Citizens
XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it? Yes
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? No
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

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.
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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 military, &c. without specifying the tours; 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.
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 officer, 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.