Revolutionary War Pension and Bounty Land Warrant Application File S. 31,661, Jacob Eberhart, N.C.
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(8-1776)

SERVICE
N.C.

Eberhart, Jacob
or
Eberheart

NUMBER  S. 31,661

CONTENTS
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Left side of fold:

Order to pay - 17. Nov. 1831 
Letter to B. G. Hardeman and 3 auditors 4th act 1838.
Paid at the Treasury under the act of the 6th April 1838 from 4th Sept. 1831 to 4 March  1838. agt. notified 29. April 1839.

Paid as above from 4 March 1839 to 4th Sept. 1839. Agent notified 3rd June 1840

Paid as above from 4 March to 4 Sep. 1840. Agt. notified 13 July 1841.+
Paid as above from 4th Mar. to 4th Sept. 1841. Agent notified June 25th 1842

Right side of fold:

Georgia 16.492

Jacob Eberhart of Oglethorpe in the State of Geo. who was a pri. in the ___commanded by Captain Holmes of the Reg't. commanded by Col. McDowell in the No. Car. line for 13 months -

Inscribed on the Roll of Georgia at the rate of 43. Dollars 33 Cents per annum, to commence on teh 4th day of March 1831.

Certificate of Pension issued the 27th day of Aug. 33 and sent to B. F. Hardiman, Lexington Ga

Arrears to date March 33 86.66
Semi-anl. allowance ending 4 Sept. 21.66=
$108.32

{Revolutionary Claim,}
{Act June 7, 1832.}

Recorded by Nath. Rice Clerk
Book E. Vol. 6 Page 89
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Jacob Eberhart 19815
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Georgia
Oglethorpe County Personally appeared in open court the same being the Inferior Court of said County Sitting for ordinary purposes on this the fifth day of November eighteen hundred and thirty two. Jacob Eberhart a resident of said county in said state aged seventy six 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 act of Congress passed 7 June 1832- That he entered the service of the United States as a volunteer in the State of North Carolina at the beginning he thinks of the revolutionary war Captain of the Company to which applicant belonged, James Dunahoo was Lieutenant. Applicant was discharged at Fayetteville. Applicant served his next tour in Charlestown South Carolina as a militaman - He does not recollect the precise time, when he commenced this service but thinks it was not long after he was discharged at Forge [illegible] - served three months in this Tour - Charles McDowell was the general in immediate command - Joseph McDowell was the Colonel in Command of the regiment - John Holmes was Captain of the Company to which Applicant belonged - About three or four days after Applicant was discharged the British attacked Charlestown - and got
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possession of the city - Applicant thinks they did not remain long in Charlestown - says, that it was supported there were about ten thousand efficent men in the army to which he belonged He thinks he is quite certain, that General Washington was in Charleston, at least part of the time while he was & returned there - Applicant served his next Tour three months at Camden South Carolina - Does not recollect the precise time when the tour commenced - Applicant, thinks, a frenchman by the name of Malmay, [Malmedy] was the General in Command He was in engagements during this three months - Applicant said his next tour, three months as a Militiaman, in the State of North Carolina Burke County. at George Cap's Station The main object of this regiment was to guard the frontier against the Indians Joseph McDowell was Colonel - John Carson was Captain - Rowland Alexander was Lieutenant - He made two trips to the nation of Indians as a light horseman. Applicant served his last Tour in the State of North Carolina - as volunteer - He served two months during the Tour under  General Charles
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McDowell, Col. Cleveland and Col. C. Shelby, Captain Lydle whose given name deponent doe not now recollect, but thinks it was Thomas was his Captain - Applicant was at the Battle of King's Mountain - Ferguson was the Commander of the British forces - & was killed at this battle - Several prisoners was taken by the Americans and Carried to the Moravian Town. North Carolina This was applicant's last service - He has no documentary evidence of these services and knows of no person whose testimony he could procure who can testify to his service - 

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.
Sworn to and subscribed in open Court the day and year first aforesaid - [Signatures]
William H. Smith clk  Jacob his X mark Eberhart 

Mr. Jack Lumpkin a clergyman residing in the County of Oglethorpe in said  State and William Gutman residing in the same County hereby certify that we are well acquainted with Jacob
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Eberhart, who has subscribed and sworn to the above declaration: that we believe him to be seventy six years old; that he is reputed ad believed in the neighbourhood where he resides to have been a soldier of the revolution and that we concur in that opinion
Sworn to and subscribed in open Court, the day and year first aforesaid -
[Signatures]
William H. Smith Clk
Jack Lumpkin  Clergy
Britton Stamps

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 Jack Lumpkin who has signed the the proceeding certificate is a Clergyman, and tat Britton Stamps who has also signed the same
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is a resident in the said County of Oglethorpe and is a credible person and that their statement is entitled to credit.
[Signatures]
Beer Pope J.I.C.
P. M. Hublieson J.I.C.
Robert Freeman J.I.C.
William H. Smith clk

I William H. Smith Clerk of the Inferior Court of said County of Oglethorpe while sitting for ordinary purposes do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Jacob Eberhart for a pension.
In Testimony whereof I have hereunto set my hand and seal of office this fifth day of November 1832 -
[Signature]
William H. Smith clk
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Amended declaration of Jacob Eberhart

Georgia
Oglethorpe County  Personally came in open court the same being the Inferior Court of said county sitting for ordinary purposes Jacob Eberhart and after being duly sworn deposeth and saith that he was born in the state of North Carolina in the year 1736 June that he has no record of his age. that he was living in Burke County North Carolina when  called into service - that he has been living in [illegible] forty six years that he was called into service the first tour as a volunteer and served two months - the next three tours - he served as a drafted militia man - three months each as specified in his declaration - his next and last tour he served or volunteered his months as he stated in his declaration - He states the names of Jack Lumpkin brother of the Present Governor and Britton Stamps to whom he is known as his neighbourhood and who has testified to applicants standing for truth and veracity - and their belief his revolutionary services.
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that he has named the names of a many officers as he can recollect that in his last time he was at the Battle of King's Mountain that he had written discharges in any [illegible] but the same in last is destroyed deponent supposing that there could be no necessity for preserving them - Deponent further states that he is old and his memory bad and that in Consequence of loss of memory it is impossible for him to state precisely the period or periods of the war when these services were performed - He knows of no person living by whom he can prove these services - He could if he deemed it necessary refer to five hundred persons by whom he could prove his character for veracity -
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Sworn to & subscribed in open Court this 1 July 1833 - 
Jacob his X mark Eberhart 

Britton Stamps J. I. C.
John M. Cox J.I.C.
Hay T.. Landrum J.I.C.
Geo. Tuggle J. I. C.
Robert Kuff J.I.C.
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Jacob  Eberhart
Georgia
No. 17816
Wm. H. Smith clk
Oglethorpe County Ga.
Admit as a private
13 mo $43.33
4 Jul. 27 -

B. F. Hardiman
Lexington Ga.
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BRIEF in the case of Jacob Eberhart of Oglethorpe County in the State of Georgia
(Act 7th June, 1832.)

1. Was the declaration made before a Court of a Judge? Court
2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?
3. How old is he? 76 years
4. State his service, as directed in the form annexed.
[Headings]
Period. | Duration of Service. | Rank. | Names of General and Field Officers under who he served.

thinks the beginning of the revolution
vol. | 2 mos. | Private | Gen'l. Rutherford, Capt. John McDowell
vol. | 3 mos.| Private | Col. Joseph McDowell
Capt. John Holmes
vol.  |  3 mos. | Private |Donohoo, Maj'r Capt. Thos Lydle.
vol. | 3 mos. | Private | Thos. McDowell Col. Capt. John Carson.
vol. | 2 mos. | Private | Gen'l. Charles McDowell Col. Cleveland
Total 13 mos.
5. In what battles was he engaged? Kings Mountain
6. Where did he reside when he entered the service:
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?

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

Examining Clerk.
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Rev. and 1812
Wars Section
MEE./HMM

[handwritten] Copied from letter by A.W. case not reread.

December 7, 1929.

Mrs. L.D. Mattox,
125 Heard Street
Elberton Georgia.

Dear Madam:

I advise you from the papers in the Revolutionary War pensions claim, S. 31661, it appears that Jacob Eberhart or Eberheart, was born in North Carolina, in 1756, and while living in Burke County, North Carolina, served as a private in the North Carolina Troops, War of the Revolution, as follows:

Two months in Captain John McDowell's Company.
Three months in Captain John Holmes' Company, Colonel Joseph McDowell's Regiment.
Three months in Captain Thomas Lytle's Company under Major Dunahoo.
Three months in Captain John Carson's Company, Colonel Joseph McDowell's Regiment.
Two months i Captain Thomas Lytle's Company under Colonels Cleveland and Shelby, and was at the battle of Kings Mountain.

Dates of service not stated.

He was allowed pension on his application executed November 5, 1832, while living in Oglethorpe County, Georgia.

There are no data on file as to his family.

Very truly yours,
EARL D. CHURCH
Commissioner.
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TREASURY DEPARTMENT.
Second Comptroller's Office

July 3rd, 1841.

Sir:

Under the act of the 6th of April 1838, entitled "An at directing the transfer of money remaining unclaimed by certain Pensioners and authorizing the payment of the same at the Treasury of the Unite States", Jacob Eberhart - a Pensioner on the Roll of the Georgia Agency, at the rate of Forty three Dollars and 33 Cents, per annum, under the law of the 7 June 1832, has been paid at this Department from the 4th of March, to the 4th Sept. 1840.

Respectfully yours,

Albion E. Parris
Comptroller.

To the Commissioner of Pensions,
Present.
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Pension Agency Planters Bank
Savannah. 9th Nov. 1837

Sir
For your approval and authority to pay. I enclose Jacob Eberhart's pension Voucher, whose claim is for Eighteen months pension - 

Yours Respectfully

Marshall Cashier & Pen. Agt.

J. L. Edwards Esq.
Commis. of Pensions
Washington D.C.
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TREASURY DEPARTMENT.
Second Comptroller's Office

May 30th 1840.

Sir:

Under the act of the 6th of April 1838, entitled "An at directing the transfer of money remaining unclaimed by certain Pensioners and authorizing the payment of the same at the Treasury of the Unite States", Jacob Eberhart - a Pensioner on the Roll of the Georgia Agency, at the rate of Forty three Dollars and 33 Cents, per annum, under the law of the 7 June 1832, has been paid at this Department from the 4th of March, 1839 to the 4th Sept. 1839.
Respectfully yours,

Albion E. Parris
Comptroller.

To the Commissioner of Pensions,
Present.
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TREASURY DEPARTMENT.
Second Comptroller's Office

April 19th, 1839.

Sir:

Under the act of the 6th of April 1838, entitled "An at directing the transfer of money remaining unclaimed by certain Pensioners and authorizing the payment of the same at the Treasury of the Unite States", Jacob Eberhart - a Pensioner on the Roll of the Georgia Agency, at the rate of Forty three Dollars and 33 Cents, per annum, under the law of the 7 June 1832, has been paid at this Department from the 4th of Sept. 1837, to the 4th March, 1838.
Respectfully yours,

Albion E. Parris
Comptroller.

To the Commissioner of Pensions,
Present.
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TREASURY DEPARTMENT.
Second Comptroller's Office

June 9th, 1842.

Sir:

Under the act of the 6th of April 1838, entitled "An at directing the transfer of money remaining unclaimed by certain Pensioners and authorizing the payment of the same at the Treasury of the Unite States", Jacob Eberhart - a Pensioner on the Roll of the Georgia Agency, at the rate of Forty three Dollars and 33 Cents, per annum, under the law of the 7 June 1832, has been paid at this Department from the 4th of March, to the 4th Sept. 1841.

Respectfully yours,

Albion E. Parris
Comptroller.

To the Commissioner of Pensions,
Present.
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Jacob Eberhart -
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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 Henry Courter Monroe C N. York which require further proof or explanation. 
I. Does the declaration show where the applicant resides? 
II. Did the declarant make the declaration in the county where he resides? 
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 periods of the war when he served?  No
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 [amount] of pension he is entitled?
VI. Has he given the names of the officers under who he served, in conformity with the regulations?
VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832?
VIII. Has the Court given their opinion? 
IX. Has the Clerk given his certificate?
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?
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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? 
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, as he stated in his declaration that such proof cannot be had? 
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? 
Has the proper officer certified to the official character and signature of the magistrate as the regulations direct? 
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? 
XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered? 2-7 not answered
__________________________________________________

EXPLANATORY NOTES.
*Quere [Query] 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 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; 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 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.
[hand pointing right] 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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Rev. and 1812 Wars Section

November 22, 1923.

Honorable Robert L Doughton,
House of Representatives.

My Dear Mr. Doughton:

In response to your letter of the 19" [illegible], I [illegible] have to advise you that from the papers in pension claim, S. 31661, it appears that Jacob Eberhart or Eberheart, was born in North Carolina, in 1756, and while living in Burke County, North Carolina, served as a private in the North Carolina Troops, War of the Revolution, as follows:

Two months in Captain John McDowell's Company.
Three months in Captain John Holmes' Company, Colonel Joseph McDowell's Regiment.
Three months in Captain Thomas Lytle's Company under Major Dunahoo.
Three months in Captain John Carson's Company, Colonel Joseph McDowell's Regiment.
For two months in Captain Thomas Lytle's Company, under Colonels Cleveland and Shelby, and was at the battle of Kings Mountain.
Dates of service not stated.

He was allowed pension on his application executed November 5, 1832, while living in Oglethorpe County, Georgia.

There are no data on file as to his family.

Sincerely,

Commissioner.
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128 Heard St.
Eloerton, Ga. Oct. 23rd. 1929

Commissioner Pensions
War Department
Washington, D.C.

Dear Sir:-
Jacob Eberhart Revolutionary soldier, was living in Oglethorpe County Georgia in 183 drawing a pension for service, record of which is found on page 53 of  Georgia List. This Jacob was a bachelor and the son of Jacob, Sr. who was my great-great-grandfather, record of whose service I can not locate. As the information contained in the application for pension of Jacob, Jr., of Oglethorpe Co., would throw light on the family, I would appreciate your sending me such information as is found therein. This is needed to prove my eligibility to Daughters of American Revolution.
Thanking you for this favor. I am 
Most respectfully, 
[Signature]
(Mrs. L. D. ) Martha Eberhart Mattox
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ROBERT L. DOUGHTON
8TH DIST. NORTH CAROLINA

COMMITTEE:
GOOD ROADS
PUBLIC LANDS
EXPENDITURES IN THE
DEPARTMENT OF AGRICULTURE

Congress of the United States
House of Representatives
Washington, D.C.

November 19, 1923.

Commissioner of Pensions,
Washington, D.C.

Dear Sir:

I would be glad if you will furnish me with the record of the Revolutionary service of Jacob Eberhardt, who was a resident of Oglethorpe County, Georgia, in 1840 and a pensioner. I will appreciate it very much if you will give this matter your usual prompt attention.
Yours very truly,
R. L. DOUGHTON.

Per-SBM

[stamp] RETIREMENT DIVISION S
BUREAU OF PENSIONS
NOV. 2 1923
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31661
INVALID.
Rev'y

File No. 31,661
Jacob Eberhart
Pri. Rev. War
Act. June 7 32"
Index:-Vol. 9, Page 119
[Arrangement of 1870.]

1933 Nov. 22 Hist. to Hon. Rob't L. Doughton, a.w.
1929 - Dec. 7, Hist. to Mrs. L. D. Mattox, M.E.E.