Revolutionary War Pension and Bounty Land Warrant Application File S. 7620, for James Stewart, North Carolina
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N.C.   Stewart, James                  S.7620
          *Steurt

carded

Born in Penn.
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12.853
North Carolina
Guilford in the State of North Carolina who was a pri in the company commanded by Captain Archer of the Regt commanded by Col. Locke in the No. Ca. line for 14 months.

Inscribed in the Roll of North Car: at the rate of 46 Dollars 66 Cents per annum, to commence on the 4th day of March, 1831.

Certificate of Pension issued the 6th day of June '33 and sent to R.C. Rankin Ramsboro N.C.

Arrears to the 4th of March '33 -            93.32
Semi-anl. allowance ending 4 Sept '33 - 23.33

                             $116.65

{Revolutionary Claim, Act June 7, 1832.}

Recorded by Wm. Miller Clerk,
Book E.   Vol. 6  Page 55

(right panel)
Date of death
not on AB
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17.696
James Steuart

5.14.16
Apl 27. 1833-

P. 357

Hon. A.H. Shepperd
Germantown
N.C.
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BRIEF in the case of James Stuart of Guilford County in the State of N. Carolina
(Act 7th June, 1832.)

1.  Was the declaration made before a Court or a Judge?  a Justice of the Peace

2.  If before a Judge, does it appear that the applicant is disabled by bodily infirmity?  It does so appear.

3.  How old is he?  72 or 73 years

4.  State his service, as directed in the form annexed.

Period.
time not stated
  "     "
  "     "
1778 & 1779 (substitute_
1781 (")

Duration of Service.
Years, Months, Days.
Not specified
...3...
Not specified
...5...5...
..........42
Not specified

Rank.
As a
Private
Sergeant
"
"
...
Sergeant
Ensign
Lieut.
Captain

Names of General and Field Officers under whom he served.
Gen.
Capt. Flack, Col. Locked - N.C.
Capt. Bell Col. Paisley -  " "
Capt. Jas. Frost               " "
Capt. Daniel & Shepherd
Col. Paisley & Lytle
Capt. Thos. Archer
Major Bell
Col. Malmedy

5.  In what battles was he engaged?
Brier Creek, Cowpens & Eutaw

6.  Where did he reside when he entered the service?  Rowan County - N. Carolina

7.  Is his statement supported by living witnesses, by documentary proof, by traditionary evidence, by incidental evidence, or by the rolls?  Traditionary evidence & two living witnesses

8.  Are the papers defective as to form or authentication?  and if so, in what respect?  They are not attached according to the Regulations

I certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.

Wm. Gordon Examining Clerk
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James Steuart
A declaration in order to obtain the benefit of the Act of Congress of the 7th June 1832.

17696

Admt. as a private

14 mo. (illegible)

R.C. Rankin
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State of North Carolina Guilford County} SS 
     On this sixth day of October 1832 Personally appeared before me Robert C Rankin one of the acting justices in & for the County of Guilford & State above named James Stuart a resident of the State of North Carolina & in the County of Guilford aged about Seventy two or three 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 turned out as a volunteer under Captain Thomas Flack and James Campbell Lieutenant Francis Locke Colonel and set forward to subdue the Scotch and marched as far as Cambleton now embraced in Fayette North Carolina when met by Colonel Caswell who was commandant at the defeat of the Scotch by whom we were sent home, the date and length of service now forgot. That he next enlisted a Tour of three months to the aid of South Carolina, John Pacely Colonel, Robert Bell Captain and Robert Curry Lieutenant, Individual self first Sergeant and marched 
through Martinsville, Salisbury, Charlotte, Camden and after passing Camden was met by a Continental officer and sent back and stationed near Camden and there remained further service was not demanded until the three months expired. This took place shortly after the Cherokee expedition date not recollected. He was also a volunteer under 
the command of James Frost Captain, Jonas Frost Lieutenant and James Lay Ensign and himself first Sergeant and marched through Martinsville and Salisbury and from thence was sent by Captain Frost to General Rutherford for orders how and where to proceed who ordered us home and to wait for further orders. The date and length of this service not 
remembered. That he next was a substitute for John Ore.  Served a Tour of Five months in the capacity of first Sergeant under Colonel John Paceley, Captain John Donnell, Lieutenant not remembered, and marched
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through Salisbury, Camden and from thence to 
Purisburgh and there volunteered in a Regiment of Infantry under Colonel Archibald Lille, Captain James Shepherd and marched from Purisburgh to Augusta, thence towards Savannah to Brier Creek some sixty or eighty miles where it took at surprise and defeated by the British thence crossed Savannah River and stationed at the Two Sisters Ferry until our term expired, to the best recollection of this Applicant this tour of service took place in the latter end of the year 1778 and expired early in the year 1779. The defeat of General Ash took place third of March ‘79 agreeably to best recollection. That he next volunteered his service and furnished his horse and served a Tour of six weeks, which service of self & horse was then considered and agreed to be equivalent to a three months Tour on foot which service was rendered in behalf of John Work who was then a drafted man, for the term of three months. That he went under the command of Captain Thomas Archer through Salisbury and into South Carolina and joined General Morgan's Forces near Pacolet, and advanced with his Forces to or near the Cowpens and fought in that memorable Battle, Tarleton’s defeat, on 17th day of January 1781.
That he next volunteered his service for the space of three months to the aid of South 
Carolina under the command of Captain Robert Bell, Lieutenant Robert Curry, Ensign George Nicks, self first Sergt. and advanced to the state line.  Insign Nicks bring what was then called a Ticket man, refused to cross the State line and returned. This applicant was then advanced to the place of Ensign, and marched to Camden, Joined Colonel De Malmada, and our Lieutenant Curry left us, this applicant was advanced to the then vacant office. Here Captain Bell was advanced to Major and this applicant was advanced to 
Captain but remained uncommissioned. General Green then on his march from the high Hills of Santee fell in with us and we advanced to the Eutaw Springs and fought in that memorable Battle early in September 1781. That he was also in another small tour down Deep River in pursuit of the Tories and passed as low as Coxes Mills the time of this Tour not recollected. That he
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recollects of Fourteen months service 
at four tours, besides several other tours which he cannot distinctly recollect the date of the year or term of time of such service as set forth in the foregoing declaration. He hereby relinquishes every claim 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. 
Sworn to and subscribed the day and year aforesaid. 
 R. C. Rankin, JP 
                        James Steurt

And the said Robert C. Rankin doth hereby declare that in his opinion that the above named applicant was a Revolutionary soldier and served as he states and that he is unable to appear in open Court from bodily inability.
                  Robert C. Rankin JP

Mr. James Chilcutt Clergyman residing in County of Guilford and William Maxwell residing in the same hereby certify that we are well acquainted with James Stuart who has subscribed and sworn to the above declaration & that we believe him to be 72 or 72 years of age, that he is reputed and believed in the neighborhood where he resides to have been a soldier of the Revolution and that we concur in that opinion.
Sworn and subscribed the day and year aforesaid.
                           James Chilcutt
                           Wm Maxwell
R.C. Rankin JP

And the said Robert C. Rankin doth hereby declare his opinion after the investigation of the matter, and after putting the Interrogatories prescribed by the War department that the above applicant was a Revolutionary soldier and served as he states, and he further certifies, that it appears to him that James Chilcutt who has signed
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The preceding certificate is a Clergyman resident in the County of Guilford and that William Maxwell has also signed the same is a resident in the said County is a credible person and that their statement is entitled to credit.
                  R.C. Rankin

Interrogatory No. 1st Where and in what year were you born? 
A. I was born in Pennsylvania Chester County 
2nd Have you any record of your age and if so where is it? 
A. I have none 
3rd Where were you living when called into service: where have you lived since the
Revolutionary War and where do you now live? 
A. I was living in Rowan County when called into service (now Guilford) and have lived 
in Guilford ever since 
4th How were you called into service; were you drafted; did you volunteer or were you a 
substitute, and if in substitute, for whom? 
A. I was a volunteer in all cases of service as set forth in the foregoing declaration except a 
Tour of five months as set forth in behalf of John Ore 
5th State the names of some of the regular officers who were with the troops when you served, such Continental and militia regiments  as you can recollect and the general circumstances of your service. 
A. In the foregoing detail I have given to my best recollection the names of the Continental 
officers as well as of the militia Regiments
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6th Did you ever receive a discharge from the service, and if so, by whom was it given and what has become of it? 
A. If I received any discharge I have forgotten it I have made a search and found none 
Q. Did you ever receive a commission and if so by whom was it signed, and what has become of it? 
      A. I never received any commission though advanced as high as Captain all of which took 
place in a short space of time our being urged onward to the Eutaw battle my time nearly expired I refused to accept a commission. 
7th 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 in your services as a soldier in the revolution. 
A. William Mooney was a soldier with me in the Eutaw battle who has been acquainted 
with me ever since. Joseph Denny was also with me the Tours particularly to the Eutaw 
Battle, also Robert Thompson, William Maxwell & John Daugherty have been familiarly acquainted with me both before and since the revolution and lived immediately in 
my neighborhood 

William Mooney personally came before me the subscribing Magistrate in and for the County of Guilford and on this 6th day of October 1832 made oath that he was acquainted with James Stuart before the revolutionary war, and have reason to believe that he fought in the Battle at the Eutaw Springs, that he saw him in the Army the evening before the Battle and saw him again in a few minutes after the Battle and spoke to him and have reason to believe he aided in keeping the prisoners taken on that occasion and in conducting them within fifteen miles of Salisbury North Carolina.    
                       William X Mooney
                         (X his mark)

R.C. Rankin JP
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Joseph Denny personally came before me and maketh oath that he was present at Salisbury and saw James Stuart and states he personally knows of said Stuart's Service rendered in a tour under Captain James Frost, Lieutenant Jonas Frost, Ensign James Lay, also the Tour down Deep River 
as low as Coxes Mills and that he also is acquainted with the service of the said Stuart 
throughout a Tour during which the Eutaw Battle was fought, that he himself was a soldier and served in the same Tours with him. 
                                  Joseph Denny 

Robert C. Rankin who has witnessed all the foregoing proceedings do certify that the whole proceedings were taken in my (illegible) witness.
                          Robert C. Ranken JP

N. Carolina Guilford Cty., NC
Justice of the Peace for Guilford County, I Robert C. Ranken do hereby certify that William Mooney & Joseph Denny who made and subscribed the preceding affidavits before me are credible witnesses and that their statements are entitled to be believed 
Given under my hand this 21 of May AD 1833.
               Robert C. Ranken JP

State of North Carolina
 I Alfred E. Hanner Clerk of the Court of Pleas & Quarter Sessions for the County of Guilford
     Do hereby certify that Robert C. Ranken Esquire whose signature appears to the foregoing Declaration of James Stuart for a Pension and to the foregoing Affidavits, is and was a Acting Justice of the Peace in & for said county legally commissioned & qualified as such (and that his signature is his own genuine, hand writing) and that due faith & Credit is and has been given to all his Acts as such.
(seal)
In Witness whereof I have hereunto set my hand and affixed the Seal of said Court at Office in Greensboro this 26th day of October 1832.
                   A.E. Hanner  CGC
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Personally appeared before me the undersigned a Justice of the Peace in and for the County of Guilford in the State of North Carolina James Stuart 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 in not less than the periods mentioned below and in the following grades. For the term of Eleven months made up of three tours as set forth in the foregoing declaration as first Sergeant made up in three tours and I served three months part of the time as first Sergeant, part as Ensign, part as Lieutenant and part as Captain but was not commissioned and although I thus served I cannot recollect what portion of the three months I served in either of the grades above named but if my indefinite answer to the time of service in such grades is objectionable I am willing the time be considered as a private soldier. In the other tours of service rendered by me as set forth in the body of my declaration I traveled not less than Four hundred forty two Miles but cannot 
recollect how long nor any more particulars relative to the dates of service and am therefore willing and content to make no calculation of time for them. During the time of the Fourteen months above named I served with an embodied Corps called into service by competent authority I was either in the field or Garrison during said Fourteen months at least and not employed in any civil pursuit and for such service I claim a pension. 
Sworn to before me 25th May A.D. 1833 
                                   I James Steurt 

Robert C Rankin JP
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I am well acquainted with Robert C. Rankin who has taken the foregoing application and know that he is a Justice of the Peace of Guilford County & that the signature is his proper handwriting.
     Mr. Stewart is willing should there be any difficulty in allowing him as an officer for any part of the War to accept a pension as a private.
                A.H. Shepherd
                30 May 1833
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          November 20, 1934
          xxxxxxxxxxxxxx

          BA-J/EEL
          James Anthony-W.3914
          James Stewart-S.7630

Honorable Clyde Williams
Member of Congress
Hillsboro, Missouri

My dear Mr. Williams:
     Reference is made to your letter in which you request for your constituent the Revolutionary War records of James Stewart, of Guilford County, North Carolina, who received pension June 6, 1833, then aged seventy-four years, James Anthony, of Surry County, North Carolina, who received pension June 6, 1833, then aged seventy-seven years, and of John Stiles, of Haywood County, North Carolina.
     In order to identify the record of the particular John Stiles in whom your constituent is interested, she will please furnish approximate dates of birth and death, name of the state from which he served and given name of widow.  The records of James Stewart and James Anthony are furnished herein as found in the respective claims for pension based upon their service in the Revolutionary War.

James Anthony
W.3914
    the data which follow were obtained from the papers on file in Revolutionary War pension claim, W.3914, based upon the military service of James Anthony in that war.
     The date and place of birth and the names of the parents of James Anthony are not shown.
     James Anthony enlisted in Caswell County, North Carolina, served under Lieutenant William T. Lewis, Colonel John Williams' North Carolina Regiment, marched to the north and was in the battle of Stony Point;  returned to Charleston, South Carolina, guarded the city for sometime, was taken prisoner and held in Charleston for eleven months, then carried to Jamaica on a British ship, remained there two years when he made his escape and returned to New York;  no dates were given for this service.  He next enlisted for the war and served
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under Colonels Mebane and Clark in the North Carolina Troops:  no dates were given for this service.  The soldier stated that he served six years and ten months in all.
     James Anthony was allowed pension on his application executed November 13, 1832, at which time he was aged seventy-five years and resided in Surry County, North Carolina.  His certificate of pension was issued June 6, 1833.
     He died in Surry County, North Carolina, December 12, 1836.
     The soldier married in March, 1790, 1791 or 1792 (all of these dates are shown),  Elizabeth, daughter of William Sale.  They were married at the home of her parents in Wilkes County North Carolina.
     Soldier's widow, Elizabeth, was allowed pension on her application executed August 7, 1843, at which time she was aged eighty-two years and resided in Surry County, North Carolina.
     She died July 22, 1852, place not shown.
     There is no reference to children.
     In 1844, Robert Sale, brother of the widow, was aged seventy-six years and resided in Wilkes County, North Carolina.  At that time he stated that he was present at the home of his parents when his sister, Elizabeth, was married to James Anthony and among others who were present on that occasion were David Anthony, Leonard and James Sale, all of whom were then deceased.  He did not state the relationship of these persons t the soldier and his wife.
     There are no further family data.

******

James Stewart
S.7620

     James Stewart was born in Chester County, Pennsylvania.  The date of his birth and the names of his parents are not shown.
     While a resident of Rowan (that part which was later Guilford) County, North Carolina, James Stewart volunteered and served in Captain Thomas Flack's Company, Colonel Francis Locke's North Caro-

(notes in margin)
Could not identify a Capt. Thos. Flack

Did not find sol. in Heitman
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lina Regiment;  dates of this tour not given;  he enlisted and served three months as 1st sergeant in Captain Robert Bell's Company, Colonel John Paceley or Paisley's North Carolina Regiment;  no dates were given;  he next served a tour as 1st sergeant in Captain James Frost's North Carolina Company;  no dates given;  he enlisted late in the year 1778 or early in 1779, served five months as 1st sergeant in Captain John Donnell's Company, Colonel John Paceley or Paisley's North Carolina Regiment and in Captain Shepherd Company, Colonel Archibald Lytle's North Carolina Regiment and was in the battle of Brier Creek he served six weeks, no rank shown, in Captain Thomas Archer's North Carolina Company and was at the battle of the Cowpens;  dates of service not shown;  he enlisted and served as 1st sergeant in Captain Robert Bell's North Carolina Company was promoted ensign, then captain but received no commissions, was in the battle of Eutaw Springs and afterward conducted prisoners taken at that battle to within fifteen miles of Salisbury, North Carolina, length of this service, three months, no dates given:  he aftered (sic) served a tour when he went down Deep Ribert in pursuit of Tories;  dates of this service and names of officers not given;  the soldier stated that the entire length of his service was fourteen months.
     James Stewart was allowed pension on his application executed October 6, 1832, while residing in Guilford County, North Carolina, where, he stated, he had always resided, and aged seventy-two or seventy-three years.  He signed Steurt - was pensioned Stewart.  
     There are no family data.
     In order to obtain the date of last payment of pension, the name and address of person paid and possibly the date of death of the Revolutionary War pensioner, James Stewart (S.7620), you should address the Comptroller General, General Accounting Office, Records Division, this city, and cite the following data:
     James Stewart, Certificate No. 12853, issued June 6, 1833, rate $46.66 per annum, commenced March 4, 1831, Act of June 7, 1832, North Carolina Agency.

******

                               Very truly yours

                               A.D. HILLER
                               Executive Assistant to the                           
                               Administrator.

(notes written in margin)
Found a Capt. Robt Bell
Sold. said where he served under this Capt. Was in the Battle of Eutaw Springs, his company joined Col. De Malmedy but he did not say he served under him & as Malmedy left service in 1780 & this was 1781 I did not use or put Cont. on jacket
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James Stewart
Amended
Send to R.C. Rankin
Esquire
Ramsboro
Guilford Cty. NC

Hon. A.H. Shepherd
27 Apl 1833
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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
James Stuart which require further proof or explanation

I. Does the declaration show where the applicant resides?
Yes

II. Did the declarant make the declaration in the county where he resides?
Yes

III. If the applicant did not make the declaration in the county where he resides, is there any reason assigned for his not doing so?

IV. Has the declarant mentioned the period or periods of the war when he served?


V. * Has he mentioned 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 amout of pension he is entitled?
(illegible)

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 7, 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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2
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? Yes

XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it? 

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? living witness

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? 
If he has produced direct proof as to service, has the magistrate who administered the oath, certified to the credibility of the witness or witnesses? no
Has the proper officer certified to the official character and signature of the magistrate as the regulations direct? yes

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? yes

XVI. Are the papers authenticated as the regulations direct? No

XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered? they are all answered

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 ___ yes ___ 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 pensions merely state 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 shewn 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 just 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.
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RevWar
7620
INVALID.
File No. 7620
James Stewart
Pri Rev War

Act:  June 7th 32
Index:-Vol. 1st, Page 358
[Arrangement of 1870.]

(right panel)
Nov. 21 - 1901
Geo. C. Stewart
Gen. Land Office

1934 - Nov. 20- (illegible)
to Hon. Clyde Williams
Letter in case of 
James Anthony
W.3914 - JGL