Revolutionary War Pension and Bounty Land Warrant Application File S. 2,439, John Clarke, S.C.
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(3-1776)
SERVICE S. C
Clarke, John
NUMBER S.2439

Born in S.C.
CONTENTS
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7672
West Tennessee
John Clarke of Rutherford Co in the State of Tennessee who was a private in the company commanded by Captain Nettles in the regt commanded by Col -- in the NC militia for 8 mo. from 1779

Inscribed on the Roll of West Tennessee at the rate of 26. Dollars 66 Cents per annum, to commence on the 4th day of March, 1831.

Certificate of Pension issued the 13 day of May 1833 and sent to sent to Wm Brady Murfreesboro

Arrears to the 4th of March 33 $53.33
Semi-anl. allowance ending 4Sep 33 13.33
$66.66

Revolutionary Claim,
Act June 7, 1832. 

Recorded by Wm Allison Clerk
Book E Vol. 7 Page 74

[right side]
Paid at the Treasury under the act of the 6 April 1838 from 4 Sep 1840 to 4th March 1841. Agt Notified 30th Nov. 1841.
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Declaration in order to obtain the benefit of the Act of Congress passed 7th June 1832
State of Tennessee 
Rutherford County Nov term Circuit Court 1832

On the 21 day of 1832 personally appeared in open Court before Henry S. Jamison and Varner D. Conner Justices & C now sitting, John Clark a resident of said County and State aged seventy one years, who being first duly sworn according to law, doth, on his oath make the following declaration, to order to obtain the benefit of the Act of Congress passed June 7th 1832 - Declarant states that he was born Nov. 1761 Lancaster County State of South Carolina - and the year before Charleston was taken he joined the service of the United States as a substitute for his Father William Clark in the County of Lancaster, under Capt William Nettles, and rendezvoused at Camden - The corps was then marched to within seven miles of Charlestown and encamp at the Quarter house-- After remaining there some short time the encampment was broke up, and the Corps marched to [illegible]burg above Savannah, and there we joined Gen Lincoln the Army remained at [illegible]burg some time, and was then moved up the Savanah River to near Augusta, and from this point was marched to where Columbia is now situated. Declarant was there discharged and returned home. Where the Army lay at [illegible]burg the British lay encamped on the opposite side of the River - Declarant in this company served a full four of three months- Declarant was not in service until Genl Green came to the South, and he was drafted from the County of Lancaster and joined the company commanded by Capt William Nettles and rendezvoused at Camden, and from Camden marched to Orangeburg on the Edisto River, and was then encamped seven weeks when the corps was relieved by the arrival of other Troops, and declarant was dismissed and returned home. About three months after declarant got home, he was a drafted from the County of Lancaster, and joined the company commanded by Capt William Nettles and rendezvoused at Camden, and from thence was marched to Santee - At Santee declarant has placed under the command of Lieutenant James Howard, the duty assigned Lieut Howards command was to guard a depot of provisions collected and stores at Santee for the Army under the command of
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Gnl Green-- In this campaign declarant was to serve six weeks or upwards, and was discharged by Lieut Howard and returned home- Declarant remained at home to the County of Lancaster two or three months after his discharge at Santee, and there volunteered his services under Capt Thompson and rendezvoused at Camden. From Camden the corps was marched to the encampment of Gen. Marion near the Eutaw Springs-- Declarant was in the battle fought there; and after the battle was fought he remained three or four weeks to the neighborhood of the
battle ground, and the accompanied the prisoners later at the Eutaw Springs, about seventy  two in number, up to the high Hill of Santee where Gnl Green was encamped, and delivered the prisoners to the Gnl in to chief, and declarant with the rest of the corps to which he was attached was marched to Camden and discharged - In this campaign declarant thinks he was in service two months. In all the service performed by declarant to his different tours, he was out more than eight months; the he cannot recollect the precise date of his joining the service to either of the campaigns he performed. Declarant can only call the attention of the department to particular events which then happened to fix the date and character of the duty performed by him, while in the service of his country-- Declarant would state, that he does not recollect any particular description of Troops who were encamped with him while in service; the he is satisfied that Gen Lincoln had regular Troops under his command at [illegible]sburg and I think Gal Moulton commanded regulars at the same place Gen Green had regulars under his command it the battle of the Eutaw Springs, but declarant does not recollect the names of the subordinate officers
who commanded under Gnl Green - Declarant has lost his discharges and he has no record by which he can prove his said services, and he knows of but one man, if he be now living by whom he can prove his said services, and he resides in the State of South Carolina - He has record of his age. Declarant remained in South Carolina after the war some time, and then removed to Tennessee, Rutherford County, when he has been thirty one years
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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
[signed] John X Clark his mark

Sworn to and subscribed the day and year aforesaid
J R Laughlin, Clk.

We Elisha W Hendrix a Clergyman and Abel Davis residing in the neighborhood, hereby certify that we are well acquainted with John Clark who has subscribed and sworn to the above declaration; that we believe him to be seventy one years of age, that he is reputed and believed, in the neighborhood where he lives to have been a soldier of the revolution, and that we concur in that opinion
[signed] Elisha W Hendrix
Abel Davis

Sworn to and subscribed the day and year aforesaid
J R Laughlin, Clk

And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories 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
Elisha W Hendrix who has subscribed and sworn to the above certificate is a clergyman and that Abel Davis who has subscribed the same resides the neighborhood of the applicant and that they are credible persons, and that their statements are entitled to credit

Given under our hand in open Court the day and year aforesaid
A Lott
VD Cowan
H.D. Jamison
Cowan
J. D. Jamison
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19998
John Clark
I John B Laughlin Clerk of said Court certify, that the forgoing is the original proceedings in the matter of the application of John Clark for a pension

In testimony whereof I have set my hand and applied the seal of office this the 21th day of
Nov 1832
John R. Laughlin, Clk
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No 19998
John Clarke
Rutherford County
Tennessee

from 1779 private
18 months
$26.60

Wm Brady
Memphis borough
Tennessee
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WAR DEPARTMENT,
Pension Office, 183
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 John Clark of Rutherford County Tennessee

Period when service was rendered.
year before Charleston was taken 

Duration of the claimant's service.
Years Months Days
3 months
49 days
21 days
2 months.
In all the service of the declarant was more than eight months

Rank of the claimant.
Private

Names and Rank of the Company officers under whom he served.
Capt Nettles
Capt Nettles
Lieut Howard
Capt. Thomson

Names and Rank of the General and Field officers.
Genl Lincoln
Genl Green
Genl Green

Battles in which the applicant was engaged.
None
None
None
Eutaw Springs

Country through which he marched
Geo & S.C.
S. Carolina
South Carolina

Place of abode when he entered the service, and age at the present
Aged 77.
Rutherford Co. Tennessee

Evidence by which the declaration is supported
Traditionary evidence

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, 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 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 pension 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 enered the service; the battles, if any, in which he was engaged, and the country through which he marched. This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.] He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of Sworn to and subscribed the day and year aforesaid. [And then will follow the certificate of the Court.] And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states. I -------------------- of the Court of ----------------------------- do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of --------------- for a pension. In testimony whereof I have hereunto set my hand and seal of office (i) this ------- day of ------------------ & c. If, on examination of the proper record the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out. Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz: (k) We, A. B., a Clergyman, residing in the ------------- and C. D. residing in (the same) hereby certify, that we are well acquainted with ---------------- , who has subscribed and sworn to the above declaration; that we believe him to be -------- years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion. Sworn and subscribed the day 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 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 --- of ---- & c. Every applicant will produce the best proof in his power. This is the original discharge or commission ; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction. If such surviving witness cannot be found, the applicant will so state in his declaration (l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his alleged service, as they are known at the Department. A very full account of the services of each person
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3 
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 Did you ever receive a discharge from the service, and if so, by whom was it given and what has become of it? To an Officer. Did you ever receive a commission, and if so, by whom was it signed, and what has become of it? 7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution. The Court will see that he answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant. The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons--one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion. If one of these persons is a Clergyman, the Court will so certify, and they will also certify, to the character and standing of other persons, giving such certificates. The traditionary evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party. And the Courts are requested to be very particular in the enquiry whether the belief is general, and whether any doubts have ever existed upon the subject. Applicants unable to appear in Court by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court. Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature. No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure , taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter. {a] the declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rules laid down for his guidance [b] The declarant must make his declaration in the county were he resides. If he should fail to do so he must assign a sufficient reason for not conforming to the rule. [c] The age of the claimant must invariably be mentioned. [d] the declarant must mention the period or periods of the war when he served [e] Every Continental officer or soldier must give the name of the colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had. Every clamant must state, with precision, the length of his service, and the different grades in which he served, in language so definite as to enable the Department to determine to what amount of pension he is entitled. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words: Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly worn, deposes 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 persons mentioned below, and in the following grades: For --- years ---- months, and -----days, I served as a . For months and days, I served as a ----- for ----- months ----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 miliia, &c. without specifying the tours, the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must, in every case, be clearly shown under what officers the applicant served; the duration of each term of engagement the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority ; that was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit, [f] The law makes the relinquishment indispensable. [g] The opinion of the Court is always required. [h] The Clerk must give his certificate in every case. [i] The Clerk must affix his seal, and if it has no device or inscription by which in 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 once, 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 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 credibly 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 [a] to [i] are 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 indispensible 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

[signed] Dyer Castor Ex Clerk
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[envelope]
Pension
free

Hon'l Lewis Cass 
Secretary of War
Washington City

Dec 5
Tenn. 19998
Page 12

Murfeeesboro
21st Nov. 1832

Hon'l Secretary at War
Sir
I send you the declaration of John Clark, applicant for pension - you will please
direct to me at this place

Yours respectfully
Wm Brady
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TREASURY DEPARTMENT,
Second Comptroller's Office
Nov 23d 1841

Sir
Under the date of the 6th of April, 1838, entitled "An act directing the transfer of money remaining unclaimed by certain Pensioners, and authorizing the payment of the same at the Treasury of the United States", John Clark - a Pensioner on the Roll of the Nashville, Ten. Agency, at the rate of Twenty Six Dollars and 66 Cents per annum, under the law of the 7th June 1832, has been paid at this Department, from the 4th of Sept. 1840 to the 4th March 1841.

Respectfully, yours,
Albion K. Parris 
Comptroller.

To the Commissioner of Pensions,
Present.
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Old War and Navy Division. 3 -- 1883.  John Clarke S.2439
[stamp]
OW&N DIVISION
JAN 25, 1904
RECEIVED

DEPARTMENT OF THE INTERIOR,
BUREAU OF PENSIONS,
WASHINGTON, D. C., January 19, 1904.

Chief Record and Pension Office,
War Department,
Washington, D. C.

Sir:
You are requested to furnish this Bureau with a statement, as shown by the records of your office of the services of John Clarke, a Revolutionary soldier, who enlisted about the year 1779, in Lancaster County, South Carolina, under Captain William Nettles, and who was in the engagement at Eutaw Springs. Soldier's services appear to have been rendered in South Carolina, and yet there is
an uncertainty as to whether he was of North Carolina or South Carolina service.

If no information can be found relative to the soldier, please inform this Bureau as to the service of Captain William Nettles.

Very respectfully,
E.S. Ware
Commissioner.
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[three columns]
[stamp]
766478
Jan 21 1904
WAR DEPARTMENT
RECORD & PENSION OFFICE
[end stamp]

Washington D.C.
Jan 19,04

John Clarke
N. Car or S.C. Rev War under Capt Wm Nettles
Comr of Pensions request record of service

[center column]
Address: " Chief of the Record and Pension Office,
War Department, Washington, D. C.
Record and Pension Office,
WAR DEPARTMENT.
Washington, January 22, 1904.

Respectfully returned to The Commissioner of Pensions, Nothing has been found of record to show the service in an organization of South Carolina, North Carolina or Continental troops, during the Revolutionary war, of a Captain  William Nettles.

There were many persons named John Clarke of Clark in different North Carolina or South Carolina organizations in that war, but from the data given it is impossible for this Department to identify any one of them with the man of that name within referred to

BY AUTHORITY OF THE SECRETARY OF WAR.
F.C. Ainsworth
Chief, Record and Pension
(300a)

[stamp]
US PENSION OFFICE
H 23 JAN 23 1904

[right column]
[stamp]
OW&N DIVISION
JAN 25 1904
RECEIVED
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 2439
Rev
INVALID.
File No. 2439
John Clarke
Privt Revlar

Act: June 7"" 1832
Index: -- Vol. A, Page -68
{Arrangement of 1870.}