Revolutionary War Pension and Bounty Land Warrant Application File R. 1593, Robert Caldwell, N.C. S.C.
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(3-1776)
SERVICE NC SC
Caldwell Robert
NUMBER R 1593
  
CONTENTS
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19.832
Robert Caldwell
Franklin Co Tenn
Edmond Russell 
Winchester Tenn
Recd 17 Dec 1825

Winchester
Mail

Pension off

James Barbour
Secretary of War
Washington City
Virginia
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State of Tennessee Franklin County Court of Please and Quarter Sessions November Term 1825
On this the 29th day of November 1825 personally appeared in open Court being a court of record for said County Robert Caldwell aged 67 years on the 6th of October next resident in Franklin County Tennessee who being first duly sworn according to law doth on his oath declare
that he served in the revolutionary war as follows (to wit) That he enlisted for ten months in the
vicinity of General Sumpter [Thomas Sumter] in South Carolina that he enlisted and served under Captain [Jacob] Barnett in a Regiment commanded by [Lt.] Colonel [Henry] Hampton in the South Carolina line in the Continental establishment and that he continued to serve in said Company and Regiment until discharged at Orangeburg in South Carolina on the waters of Edisto [River] by Colonel Hampton. That he was in the engagement at the Eutaw
Springs with the British in which Major Weatherford was killed. My
family consists of myself aged as aforesaid able to do some work but not able to support my family, my wife aged about 47 years a cripple and very infirm not able to support herself we have one little son about 7 years old – That the reason he did not apply before the passing of an act of the first of March 1823 was and is because he has always been able to support his family by his labor until reduced by a violent attack of the Rheumatism in the spring of 1824.
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he is by occupation a farmer that he has disposed of none of his property since the year 1818 but for the use of his family and I have no evidence in my power of my servis and discharge but my own oath and I solemnly swear that I was a resident citizen of the United States on the 18th March 1818 and that I have not since that time by gift sale or in any other manner disposed of my property or any part there of with intent thereby so to diminish it as to bring myself within the provisions of an act of congress entitled an act to provide for certain persons engaged in the land and naval servis of the United States in the revolutionary war passed on the 18th day of March 1818 or any of the acts passed subsequent thereto about the said matter and that I have not nor has any person in trust for me any property or securities contracts or debts due to me nor have I any income other than what is contained in the schedule here unto annexed and by me subscribed
Robert Caldwell
Schedule
One old Horse for which I gave $20  $20.00
one cow & calf 10.00
one small bed and furniture 8.00
one oven and 2 broken pots 2.00
Three pewter plates and 3 knives & forks 1.00
Two axes 3 chisels and one Gague 4.00
One Hoe and on pair of drawing chaines 2.50
$47.50
Sworn to in open court this 29th Novr 1825 E Russell  clk Robert Caldwell
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State of Tennessee
I Edmond Russell clerk of the court of pleas and quarter sessions for Franklin county do certify that the foregoing is a true copy of the record in my office and I do further certify that the property in sd schedule was valued to forty seven dollars and fifty cents
In Testimony where of I have hereunto set my hand and affixed the seal of said court at office this 29th day of November 1825
E Russell clk
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29.799
Robert Caldwell
Tennessee

Dave Eastland
Fayetteville
Tennessee
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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. 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 complying with this request, greatly facilitate the investigation of your claim.

A Statement, shewing the Service of Robert Caldwell
Period when the service was rendered  1781
Duration of the claimants service 10 Months
Rank of the claimant P, cav
Names and rank of the Field officers under whom he served Col Wade Hampton, Cap Barnet
Age at present and place of above when he entered the service SC 74
Proof by which the declaration is supported No proof William Maxwell of South Carolina servd under Col Wade Hampton

I am respectfully,
Your obedient servant,
JAMES L EDWARDS
Commissioner of Pensions
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2
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 serviced 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, mucicians or privates, will in the first instance, make applications 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
County of } ss.
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 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,                             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 certified, 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

should prove his service by at least one credible witness sert
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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 corrobating the declaration of the applicant, if true, or of detecting the imposition, if one be at 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 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.} 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 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 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 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 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 witness and the official character and signature of the magistrate must be certified by the proper officer under his seal of office.
[i] 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 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.
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State of Tennessee
Lincoln County } On this 23d day of January 1834 personally appeared before the Justices of the county court of said county now sitting Robert Caldwell a resident of the county & state aforesaid aged seventy four years on the 6th October last 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 act of Congress passed June 7th 1832 That he enlisted in the army of the United States about the last of May or first of June (he does not now recollect the precise time) in the year 1787 in the Regiment of South Carolina Dragoons which was commanded at the time he enlisted by [Lt.] Colonel Henry Hampton, but shortly afterward the command was transferred to Colonel Wade Hampton, the company to which applicant belonged was commanded by Captain Jacob Barnett, Lieutenant [Andrew] Baxter & Ensign [Lt. James] Flannigan . At the time applicant enlisted he was living in Mecklenburg County North Carolina about three miles from the South Carolina line – he & several others from his neighborhood went down to the Congaree River in South Carolina about one hundred miles from home where he enlisted as above stated.
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The Regiment to which he belonged was accompanied by two other regiments, one under command of Colonel Middleton [Col. Charles S. Myddleton] & the other of Colonel Polk [Lt. Col. William Polk], and all
under command of General [Thomas]  Sumter – sometime after applicant enlisted the troops marched up the
Congaree, and were stationed for some time at a place called "Brown's Old Field." They were not engaged in any fighting except some slight skirmishes with the Tories until about the first of September we left our station & marched down to the Eutaw Springs where we joined the Army
under General Greene [Nathanael Greene] and gained a complete victory over the British who he
thinks were commanded by Colonel Stewart [Lt. Col. Alexander Stewart]. After the Battle at Eutaw Springs we (the troops under command of Sumter) were marched back to the station at Brown's Old Field. After being stationed there about 6 or 8 weeks, about 62 of us were sent
down to Orangeburg against some Tories who were said to be in that neighborhood. But when we arrived we found many more of them than we anticipated (being three hundred & fifty) after a slight skirmish with them we succeeded in securing a retreat (they following us about a mile
and a half) we lost 3 men killed and 4 or 5 taken prisoners. The Tories I understood were commanded by a Colonel Cunningham [William “Bloody Bill” Cunningham].
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After we had remained at Brown's Old Field several weeks (I cannot recollect how long) the troops were
marched to Orangeburg where we remained 6 or 8 weeks – the troops were then divided in several parties. I and about 100 others were sent to the Four Holes Bridge & placed under
command of a Major [Francis] Moore – we remained stationed there between 2 & 3 months – the latter
part of the time I think we were under command of Major Bluford who had taken the place of Moore – we were then marched back to Orangeburg and the time for which I had enlisted (which was 10 months) having expired I was discharged about the last of March or first of April 1782. I
received a written discharge from Colonel Wade Hampton which was shortly afterwards destroyed by the house where I was living being burnt.
I have no documentary evidence nor do I know of any person whose testimony I can procure to my services (except my brother who about 12 months ago lived in Franklin County Tennessee & who if he is still living knows of the fact of my enlisting and being absent from home
for the term of 10 months but not having heard from him in 12 months & he being extremely old I cannot tell whether he the alive or not & I am entirely too infirm to go to ascertain the fact).
I hereby relinquish every claim whatever to a pension or annuity except the present
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and declare that my name is not on the pension roll of the agency of any state 
sworn to and subscribed the day and year aforesaid in open court
FS Kincannon clerk Robert Caldwell
his R mark
And the said court do hereby declare their opinion that the above named applicant was a revolutionary soldier and served as he states
John Lanier
Elliott M Fletcher
GW Jones

State of Tennessee
Lincoln County } I Francis L Kincannon clerk of the county court of said county hereby certify that the foregoing contains the original proceedings of said court in the matter of the application of Robert Caldwell for a pension
In testimony whereof I have hereunto set my hand and affixed my seal of office this 23rd day of January 1834
FL Kincannon clerk

29.799
Robert Caldwell
Tennessee

Address
David Eastland
Fayetteville
Tennessee
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REVOLUTIONARY WAR RECORDS SECTION.  3-525
R 1593
DEPARTMENT OF THE INTERIOR
BUREAU OF PENSIONS
Washington, D.C.  19

In reply to your request of received for a statement of the military history of Robert Caldwell a soldier of the REVOLUTIONARY WAR, you will find below the desired information as contained in his (or his widow's) application for pension on file in this Bureau. 
DATES OF ENLISTMENT OR APPOINTMENT - 1780
LENGTH OF SERVICE 3 mos
OFFICERS UNDER WHOM SERVICE WAS RENDERED
CAPTAIN [Robert] Davis
STATE - NC

May or June 1781 10 months 
Captain Jacob Barnet
COLONEL Henry & Wade Hampton
 SC

Battles engaged in Eutaw Springs & skirmishes
Residence of soldier at enlistment Mecklenburg Co NC
Date of application for pension Nov 29, 1825
Residence at date of application Franklin Co Tenn
Age at date of application, b Oct 6 1759
Remarks In 1825 he referred to his wife aged 47 years & a son 7 years names not listed There is no further data on file as to his family His claim was not allowed as he failed to furnish satisfactory proof of his services as required by the pension laws
Respectfully,
Commissioner.
6-2856
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REJECTED
1593
Robert Caldwell
 the printed list of 1852 gives cause of suspension as "For additional Evidence"

1921 June 6 Hist to Mrs W De K Wylie aw
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1594
Consolidated with 1593
Robert Caldwell

REJECTED
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suspended
see letter 16 Oct
1835 to D Eastland
un claim
1594
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Davis Eastland
Oct 16 1835
OC
Record Vol 28 P 162
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War Dept Pen Office
Oct 16 1835
Sir
The papers of Robert Caldwell have been filed with suspended cases in this office No decision can be has in his case until some additional proof of his service shall have been exhibited
A reexamination of the papers in support of the claim of Wm McKenzie has been made. The rolls of the North Carolina line afford as proof of the applicant having enlisted for one year in the fall of 1781 but where that he enlisted in August 1782 There who enlisted at the latter period in NC were enlisted for one year and not for the war and were furloughed in Decr following He could not herefore have served six months under the last alleged enlistment and if he had enlisted in 1781 as alleged the roll would have shewn the fact The act of June 7 1832 provides for none who did not serve six months and for there is no evidence of his having served that length of time the claim has been rejected and the papers filed
Davis Eastland Esq
Fayetteville
Ten
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Wm Caldwell
affidavett
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State of Tennessee
Lincoln County } this day William Caldwell personally came before me John Enoch an acting justice of the peace in & for said county after being duly sworn deposeth and saith that he is personally acquainted with Robert Caldwell aged seventy four years and that he knows of his own knowledge that Robert Caldwell enlisted & served in the Revolutionary war in the year 1780 under the command of capt Davis & served three months in the state of North Carolina in Meclinburg county & was discharged and Mr William Caldwell further states from his own known knowledge that Robert Caldwell in the year 1781 enlisted for ten months in the state of South Carolina under the command of Capt Jacob Barnet and was in the Battle at the Eutaw Springs and then was discharged William Caldwell
his X mark
sworn to and subscribed before me this 23d day of June 1835
John Enoch a justice of the peace for Lincoln County
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State of Tennessee
Lincoln County } I John Enoch do hereby certify that William Caldwell who sworn to the foregoing affidavit is a respectable man and creditable witness and entitled to full faith nad credit Given under my hand and seal this 23 June 1835 John Enoch JP
Justice of the peace for Lincoln County
State of Tennessee
Lincoln County } I Frances L Kincannon clerk of the county court of said county do hereby certify that John Enochs is and was at the time that the foregoing affidavit was taken & sworn to before him an acting justice of the peace in and for said county and that the foregoing signatures purporting to be his are genuine In testimony whereof I have hereunto set my hand and affixed my seal of office this 1st day of October 1835
F L Kicannon clerk
By his deputy C Boyles
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Rev 
[illegible]

Richburg S.C.
May 22nd [illegible]

Pension Department
Washington D.C.

Gentlemen-,

I am enclosing a copy of
Robt Caldwell a Revolutionary Soldier
where he was paid by the 
Gen. Assembly.  Please see if this
copy is correct, and if it tells
any thing of his age &
family.    Send me a copy
of what you find, which
will be  greatly appreciated

Yours truly
Mrs. W.De=.K. Wyle


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MAY
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1921
OFFICE
U.S.
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Steel entries to indent for Revolutionary Claims
Book R-T-(by S.A. Sally-)
No 274 ⎬ Issued the first of October 1784 to
Lib: M    ⎬ Mr. Robt.- Caldwell late Private in
Barnett Troop H. Hamptons Regiment,
Sumpter Brigade State Troops for ninty
four pounds Sterling being balance pay and
bounty due him for services in that
Troop Together with interest there on
from the first of October say April 1782
to date hereof agreeable to resolution
of Gen Assembly of the Eleventh.
Mar. 1784 -
£ 86:10:8
Principal
£ 94..  0..0
       6. 11 . 7

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MAY
24
1921
OFFICE
U.S