Revolutionary War Pension and Bounty Land Warrant Application File S. 32,237, William Emett, Ga.
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Service
Ga.
Emmett, William
Number
S.32,237
Born in N.C.
Contents
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Indiana 29,566
William Emett
Shelby Co. in the State of Indiana
who was a Private in the company commanded
by Captain Stump of the Regt. commanded
by Col. Fews in the Georgia mil.
time for 6 months from 1780
Inscribed on the Roll of Indiana
at the rate of 20 Dollars ___ Cents per annum
to commence on the 4th day of March, 1831.
Certificate of Pension issued the 9th day of Dec.
1834 and sent to Oved Butler Shelbyville, Ind'a

Arrears to the 4th of Sept 1834 70.00
Semi-an. allowance ending 4.March '35  10.00
$80.00
Revolutionary Claim
Act June 7, 1832

Recorded by D. Brown  Cler,
Book E-2 Vol. 7 Page 121
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Declaration in order to obtain the benefit of the Act of Congress passed June 7 1832
State of Indiana
Shelby County
On the fifth day of September AD one thousand eight hundred and thirty three personally appeared in open court before the Circuit Court of Shelby County now sitting William Emett a resident of Liberty Township in the County of Shelby State of Indiana aged seventy two years who being first duly sworn according to laws doth on his oath make the following declartion in order to obtain the benefit of the Act of Congress passed Jan 7th 1832.
That he entered the service of the United States under the following named officers and served as herein stated - That he was in the beginning of September AD 1780 drafted in the Georgia Militia in a company commanded by Capt Hendrick Stump and Lieut. Robert Nelson, that he was attached to the Regiment commanded by Col. Benjamin Fews (of the General's name he has no recollection) - That he was drafted in Richmond County State of Georgia and marched from there to the Burke courthouse at which place he as in an engagement that day of which he disremembers, from Burke Courthouse he was marched to Augusta where in the latter part of December in the same year he was discharged - That he was drafted for the term of three months but remained in the service for a longer time and his services on this occasion was more than three months - That his residence was in Richmond County Georgia.
That on the sixth day of May AD 1781 he entered the Georgia militia as a volunteer in a company commanded by Capt Evan Shelby and Lieut. Isaac
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Shelby that he was attached to the Regiment commanded by Col. James Shelby and the Brigade by Gen. G Cook - That he volunteered in Richmond County Georgia and marched to Augusta which place was in possession of the British - That he remained then until and was in the Battle fought in the taking of Augusta. During the time he was at Augusta and previous to the Battle he was engaged in company with John Wright, Hezekia Kendricks and John Kendricks under the commissary whose name was James Lourand in collecting and driving cattle for the Army. That he was dischraged in the latter part of July in the same years. That his time of service at that time exceeded three months - that he then resided in Richmond County State of Georgia and that he has no documentary evidence and that he knows of no persons in his testimony  he can provide who can testify to his services.  And to the questions presented by the War Department and asked by the court he gives the following answers
1 That he was born in Micklenburg County State of North Carolina and thinks he was born about the year one thousand seven hundred and sixty or sixty one
2 That he has no record of his age
That he resided in Richmond County Georgia until ten years after the War and also at the two different times he was called into service and from there he removed to Russell County Virginia and resided there six or seven years and from there to Scott County Kentucky where he resided two years and from there he removed to Boone County Kentucky where he resided thirty two years and from there to Shelby County Indiana where he now resides.
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He was drafted in the service the first time as a volunteer the second time and as to general circumstances he has no further recollection than is before stated in the declaration. The Rev. DudleyMitchell George W Vest and numerous others will testify to his character for truth and veractiy and their belief of his services as a soldier of the Revolutionary.
He hereby relinquishes every claim whatever for 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 the day and year aforesaid.
William Emett
'X' 'Mark'

Mr. Dudley Mitchell, a clergyman residing in the county of Shelby and George W Vest residing in the same hereby certify that we are well acquainted with William Emett who has subscribed and sworn to the above declaration - that we believe him to be seventy two 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.
Dudley Mitchell
George W. Vest

And the said court do hereby declare their opinion after the investigation of the matter and after putting the interroations furnished by the War Department that the above named applicant was a Revolutionary Soldier and
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served as he states - And the court further certifies that it appears to them that Dudley Mitchell  who has signed the preceding certificate is a clergyman resident in the County of Shelby State of Indiana and that George W Vest who has also signed the same is a resident of the same county and state and is a credible person and that their statements is entitled to credit.
I Sylvan B Morris Clerk of the Circuit Court of Shelby County state of Indiana do hereby certify that the foregoing contains the original procedings of the said court in the matter of the application of William Emett for a pension.
In testimony whereof I have hereto set my hand seal of office this fifty day of September AD 1833
Sylva B Morris Clerk
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27,232
Wm Emett
Ind'a
from 1780 pn
6 mos
$20.
allow for six mos only
Oved Butler
Shelbyville, Ind'a
[two lines stricken out]
Shelbyville
Indiana
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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 compling with this request, greatly facilitate the investigation of your claim.
[Columns]
Period when the service was rendered
Duration of the claimant's service
Years
Months
Days
Rank of the claimant
Names and rank of the Field officers under whom he served
Age at present and place of abode when he entered the service
Proof by which the declaration is supported 
[answers under the columns]
1780 more than 3 mos   Pr
1781 exceeded 2 Pr
See note

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 shoe 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, musicians 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 District of
County of
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 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) , 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 Sate, or (if any) only on that of the Agency of 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.
[ ___ 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 acquained 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 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 ___ 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 of 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 details his personal knowledge of the service of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction.
If such surviving witnesses 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
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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 corroborating the declaration of the appliant, 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 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, Sate troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virgina.
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 Revollutionary war, and where do you live now?
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 the answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth in 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 inquiry 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 requited, 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 invariablly be mentioned.
[d] The declarant must mention the period of 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 precisly how long he served, he should amend his declaration by making an affadavit 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 mentioend 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 imporant, 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 inadefinite, 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 pariculars 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 palces 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.
[NOTE:  This above clause "E" has the "}' written out to the side]
[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 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 countains the affidavit, or other papers authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which much 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 entring 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 magistrated who may adminsiter 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 [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 interrogations must all be written, and sent to the War Department, with the declaration.
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32237
INVALID
No. 32,237
William Emett
Priv Rev War
Act. June 7 32
Index Vol 8 Page 129
[darkened word] 1870
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State of Indiana
Shelby County
Personally appeared before me Thomas H. Fleming a Justice of the Peace in and for said County William Emett to me known to be the same person named in and who has made the declaration to which this is annexed 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 stated in said declaration but according to the best of his recollection he served as in said declaration states not less than the periods mentioned below and in the following grades: For three months and twenty days he served as a private in the first tour of service mentioned and in said declaration. For two months and twenty days he served as a private in the second tour of service mentioned in said declaration making in both tours a service of six months and ten days and for such service he claims a pension.
William Emett
"X' "his mark"
Sworn to and subscribed before me this 17th day of October in the year 1834
Thomas H. Fleming
Justice of the Peace
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State of Indiana
Shelby County
I, Sylvan B Morris Clerk of the Shelby Circuit Court do certify that the foregoing declaration and the amendment thereto were attached together and sworn to in my presence and that hte said Thomas H Fleming is an acting Justice of the Peace in said County of Shelby duly commissioned and qualified and that the foregoing signature purporting to be his is genuine.
In Testimony whereof I have hereunto set my hand and the seal of said Court at Shelbyville the 17th day of October 1834
Sylvan B Morris Clerk
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J.L. Edwards Esquire
Commissioner of Pensions
War Department
Washington City D.C.

application for pension
Wm Emett
Ind'a
Oct 30

Stamp:  SHELBYVILLE OCT 22
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Shelbyville Ia Oct 22nd 1834
J.L. Edwards Esq. Commissioner of Pensions
Sir
Enclosed I send you the papers in the matter of the application of Wm Emett for a pension. This application was originally made to you through Wm Herod Esq of Columbus and the papers were returned for correction. They have since been handed to me and corrected by the applicant as you may see - which I trust will be sufficient to enable him to succeed in obtaining a Pension.  Please to address your answer to me at this place. The applicant will be thankful for as early an attention to the object is as convenient for you.
I have the honor to be
Your Obt' Servt
Ovid Butler