Revolutionary War Pension and Bounty Land Warrant Application File S. 30,470, Thomas Hamilton, S.C.
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SC. Hamilton, Thomas S.30.470


Bowen SC
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Kentucky 
East Tennessee [Crossed out]
Thomas Hamilton [hand written]
of Rheabo [hand written] in the state of Tennessee [hand written]
who was a private [hand written] in the company [hand written] commanded
by Captain Anderson of the regime [hand written] commanded 
by Twing [hand written]  in the N Carolin [hand written]
line for nineteen months [hand written]

Inscribed on the roll of East Tennessee [hand written]
at the rate of 63[hand written] dollars 33 [hand written]cents per annum
to commence on the 4th day of March, 1831.

Certificate of pension issued the 13[hand written] day of Aug 1833 [hand written] and Senth Saml [hand written]
Frazier Washington [hand written]

Arrears to the 4th of March  126.66 [hand written]
Semi-anl. allowance ending 4 Sept. 31.66
$158.32 [hand written]

{Revolutionary Claim,
Act June 7, 1832}

Recorded by Dan Boyd [hand written]  Clerk
Book E [hand written] Vol. 7 [hand written] Page 46 [hand written]
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To Ky 4 Sept 1848
Jan. 29, 1850

Let to Hon. G.
Caldwell March 16.50
Let to Hon G. A. Calderah
March 19: 1850
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State of Tennessee
Rhea County [crossed out] Circuit Court
                                       March Term 1833

On the 25th [underlined] day of March 1833 personally appeared in Open Court before the Honorable Judge of the Circuit Court of Rhea County and State of Tennessee now sitting being a Court of record Thomas Hamilton a
resident of Rhea County in the State of Tennessee aged about 72 years who being first duly sworn according to law doth on his oath make the following declaration in order to attain the benefit of the act of Congress passed June 7th 1832-

That he entered the service of the United States under the following named officers and served as [unknown] after [unknown]. That he entered the service of the United States
in Granville County since Abaville in the State of South Carolina some time about the first of February 1778 he was drafted for three months to keep garrison at what was called the Cherokee ford on the Savannah
river his officer was [unknown] Thomas Spanklin some time after he went to the garrison he turned out volunteer
in a horse company under Capt Robert Anderson and [crossed out] Thomas Spanklin for the purpose of marching against a
Company of Tories Commanded by Col Moore and Boyd at the Tories at the mouth of Vans Creek [unknown] he was in a battle with them after the battle he returned to the Garrison where he served out his term
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of three months and was discharged by his
office which discharge has been lost or mislayed some time in the summer of 1778 he volunteered in a horse company in the County which he thinks is now called Pendleton
South Carolina under Capt Robert Anderson and [unknown] Spanklin for three months for the purpose of guarding the [unknown]
against the Cherokees served out his term of three months returned home and was discharged by his Capt which discharge is also lost.

In February 1779 he was drafted as a horseman for three months in the same County [unknown] [crossed out] under hand Samuel Ken He was stationed on Beach Island
9 miles below Augusta on the Savanna River some time afterward left Beach Island marches into Georgia and joined the Georgia
Troops under Col [unknown] and also Col Pickins from S Carolina joined them marched to the midway settlement in Georgia to
Governon Writs of Georgia who had turned [unknown] and armed his negroes [unknown] him and dispersed his negroes then marched
to such for when the [unknown] had a guard had a skermish with them returned to South Carolina after taking 25 prisoners and
75 negroes was dismissed by his office after serving out his time of indraftment but got no discharge.

Some time in the spring of 1780 [unknown] out volunteer in a horse company in the same County State under Capt Robert Caruthers and
and John Coltrin Machum who was marching into that section of [unknown] from an [unknown] that the Indians and
Tories were making [unknown] at home returned, [unknown] them
and marched to join General Greene again who sent orders to return and guard the frontiers until further orders.
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when remained until we were then sout orders to disperse in small companies and assist in saving the harvest which was done while he was thus employed the indians came on
them and took of their horses and other property the troops amediately collected into a body persued the Indians to their own
retook a great deal of the property that had come off he still continued in active service guarding the [unknown] until peace was made in the year 1781 after serving ten
months, he was dismissed by his officers
but got no discharge.

The first tour he served three months the second he served three months the third tour three months and the fourth tour ten months making in all nineteen months

He was acquainted with Capt George Liddle and Capt Saml Taylor [crossover out] Capt Tutt and Capt John Boys all of the regulars also he was acquainted with General Greene and Lincoln. He has no record of his age
He was born on the fifth day of February 1761 on [illegible] river 10 miles from Charleston in South Carolina he moved to rocky river in about then called the district of
[illegible] six where he lived 20 year and had his residence during the Revolutionary war since that he [crossed out] moved to Rhea County in the State of Tennessee where he now
resides and has resided many years declarant states that he never received but two discharges and the are lost as stated above and that he has no other evidence other documentary or any person that [illegible] whom he can from his services

He hereby relinquishes every claim whatever to a pension or annuity
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except the present and [illegible] that his name is neat on the pension Roll of the agency of any state and [illegible]

from to and [illegible] the day and year [illegible]
Thomas Hamilton
Mark
except the present and declares that his name is not on the
We John Pardo clergyman residing in the County of Rhea and State of Tennessee and [crossed out][illegible] Smith residing in the County and State aforesaid hereby certify that
we are well acquainted with Thomas Hamilton who has subscribed and sworn to the above declaration that we believe him to be
72 years of age that he is reputed and believed in the [illegible] where he resides to have been a soldier of the revolution
and that we concur in that opinion
Sworn to and subscribed the day and year aforesaid
John
Hugh Rhea
A W Smith

And the said Court do herby declare their opinion after this investigation of the matter and after putting the interogatories presented
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 John Pando who has signed the preceding certificate is a Clergyman resident in the County of Rhea and State of Tennessee and is a [illegible] and that John H Hugh Rhea A N Smith also signed the name and residents in the County and state aforesaid and are credible persons and that their statement is entitled to credit

Noth W Williams [illegible]

I John Lock Clerk of the Circuit Court of Rhea County do hereby certify that the foregoing contains the original procedings of the said Court in the matter of the application of Hamilton for a pension

Whereunto I have hereunto set my hand and affixed my private seal not having an official seal at office in Washington on the
26th day of March A.D. 1833-
John Locke Clerk

I certify that John Locke is clerk of the Circuit Court of Rhea County and that he and that [illegible] there is no seal of office for said Court
James Standifer M C
[illegible] 1833
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24.390

Thomas Hamilton
Rhea Co
Tennessee

from 1778 [illegible]
19 months
$63.33

Anderson
Twigg
N.C.

Samuel Frazier
Washington, Rhea Co
Tennessee
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WAR DEPARTMENT,
Pension Office,
May 18 1833
---
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 complying with this request, greatly facilitate the investigation of your
claim.
---
A Statement, shewing the Service of Thomas Hamilton Rhea [illegible] Tennessee
claimant's service.

[column headings: period when service was rendered. Durations of the claimant's service [Year. Month. Days.]. Rank of the claimant. Names and rank of the Field officers uncer whom he served. Age at present and place of abode when he entered service. Proof by which declaration is supported.]

Feb. 1778. ''. 3. ''.Priv. Cap Anderson. Lee Spanklin. 72 years. Granvil. Traditionary

Same. ''. ''. 3. ''. ''. Same officers. [illegible] S. Car.

Feb. 1779. ''. 3. '' Col. Twigs Pickins. Col. Kerr. 

1780. ''. 10. ''. Gen. Green. Cap. Caruthers.
---
I am respectfully
Your obedient servant
J. 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 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, 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 of of County [inside }ss.]

On this [blank] day of [blank] personally appeared (a) before A. B. a resident (b) of [blank] in the county of [blank]
and State, Territory or District
of [blank] aged (c) [blank] 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) [blank], with [blank] and served in the [blank] (e) regiment of the [blank] 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 [blank]
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, and soldier, and served as he states.
[ [blank] 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 [blank] for a pension.

In testimony whereof, I have hereunto set my hand and seal of office (i) this [blank] day of [blank] & 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 [blank]  and C. D. residing in (the same)
hereby certify, that we are well acquainted with [blank],  who has subscribed and sworn to the above declaration; that we believe him to be [blank] 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 [blank] and that C.D., who has also signed the same is a resident in the [blank] and is a credible person, and that their statement is entitled to credit.

I, [blank] Clerk of the Court of [blank] do hereby certify that the foregoing
contains the original proceedings of the said Court, in the matter of the application of [blank] for a pension.

In testimony whereof, I have hereunto set my hand and seal [blank] of office, this [blank]
day of [blank] & 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
alleged service, as they are known at the Department. A very full account of the services of each person
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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 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 characterand 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 harmity ; in won ease the declarant will to low 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 with precision, the length of his service, and the different grades in which he served, in language. What amount of pension he is entitled. In a case where the applicant cannot, by reason of the definite as to change 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 for the contents 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-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 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 [,] 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.
Joseph Rowen
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30470 [written]
INVALID.
Revy [written]
File No. 80,470 [written]
Thomas Hamilton [written]
[unknown] [written]
Act: June 7th 32 [written]
Index:-- Vol. 2 [written], Page 172 [written]
[Arrangement of 1870.]
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I parce to Thomas Hamilton his
pension from 4 Sept 1848 to 4 March 1849
it appears that he is registence at the
Knoxville Agency can you [illegible]
a [illegible] to the Kentucky Agency, so as
to cover the true for which I paid him
as it appears he has not been paid
of the Knoxville Agency for [illegible]
specific
N Lam
Jan 20 1850
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To the Pension Office,

Thomas Hamilton has not been paid, on the Knoxville [illegible], Sept. 1858, [crossed out] from 4 Sept 1848 to the 4 Sept 1849, by the accounts of that agency, rendered to this Office for the 3d 1849, but has been at the Kentucky Agency from 4 Sept 1848.
---
3d Auditors Office
Jan 29th 1850
-
W Lyson
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Mar. 18. 1850

Will Col. Edwards be kind enough to
explain what he means by the within.
Newton Lam was not their pension agent in Louisville. What had he to do with it? Why did you notify him! Why not notify Hamilton.
[underlined] In Short what do you require [illegible] or me yet to do to [end underline] enable him to draw his pension in Louisville

Very Respectfully
your [illegible] sent
Geo. A. Caldwell