Revolutionary War Pension and Bounty Land Warrant Application File S. 21817, Joseph Hiott, S.C.
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(8-1776)

Service | [blank] | Number
S.C | Hiott, Joseph | S. 21817

CONTENTS
[remainder of form is blank]
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23. 306
South Carolina
Joseph Hiott Sr.
of Colleton in the State of So. Car
who was a mus: in the [blank] commanded
by Captain [blank] of the Regt commanded
by Huger in the So Car
line for 2 years

Inscribed on the Roll of South Carolina
at the rate of 88- Dollars - Cents per annum,
to commence on the 4th day of March, 1831.

Certificate of Pension issued the 30 day of Decr 33
H R  and sent Wm. S Grayson.

Arrears to the 4th of April 1833
Semi-anl. allowance ending March 34

[sum]
$220-
$44-
_____
$264

{ Revolutionary Claim
Act June 7, 1832 }

Recorded by Nath Rice Clerk,
Book E  Vol. 6 Page 69

[sum on left page]
176
44
____
220
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Joseph Hiott Sr
South Car

Amt as a [illegible struck thru]
Qy of [illegible]
$88

Hon.
Wm J Grayson
H.R

So. Car
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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. These points to which your attention is more particularly directed, you will find marked in the margin with a brace (this: }). 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.

A statement, showing the Service of Joseph Hiott Sr

Period when the service was rendered. 
     Spanning 1779 enlist
      vol:-

Duration of the claimants service
years
months
(1) 16.       (2) 8 or 9
days
(1) 5

rank of the claimant
(1) drum men (2) Pri

Name and rank of the Field officers under whom he served.
Genl Huger

Age at present, and place of abode when he entered the service.
76 years
So. Ca.

Proof by which the declaration is supported
In a Dictionary
Witness

says that "he served in all about 3 years"

I am, respectfully, 
Your obedient servant, 
J. L. Edwards, 
Commissioner of Pensions
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REGULATIONS UNDER THE ACT OF JUNE 7,1832.

The following regulations have been adopted:
This law has been constructed to extent, 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 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, etc., Teamsters, Boatmen, &c. Persons who served on board of private armed vessels are also excluded from the benefit 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 the 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 applicants reside.  And every Court having by law a seal and Clerk is considered a Court of Record.

                             DECLARATION
In order to obtain the benefits of the Act of Congress of the 7th of June, 1832.

State Territory, od 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 offices:  

(Here set forth the names and ranks of the Field and Company Officers; the time he left the service ; (and if he server under more than one term of enlistment, he must specify the particlar period, and rank and names  of his officers;) the town or county and State in which he resided when he entered the service; the battles, if any, in which he was engaged, and the country through which he marched.  This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.)

He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of                          

Sworn to and subscribed the day and year aforesaid.

                                                                              A. B.

(Annd the will follow the certificate of the Court.)

And the said Court do hereby declare their opinion (g) that the above 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 name 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 the 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 believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.
  
Sworn and subscribed the days and year aforesaid.
(And then will follow the certificate of the Court)

And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier and served as he states.  And the Court further certifies, that it appears to them that A.B. 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 Court of                         do hereby certify that the foregoing contains the orginal proceedings of the said Court, in the matter of the application of                         for pension.
                               In testimony whereof, I 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 orginal 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 hid personal knowledge of the service oh the applicant, and such circumstance connected therewith as may have a tendency to throw lightupon 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 material facts, which can be used 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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8
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 applicant, if true, or of detecting the imposition, it 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 ol 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 Reginents 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 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 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 certity to the character and standing of other persons giving such certificates.

The traditionary evidence of service is deened 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 or 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 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 ofice, 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 genine signature.

No payments can be made upon 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.

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(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 invariably be mentioned.
(d) The declarant must mention the period of the war when he served.
(e) Every continental officer or soldiers 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 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 depots and saith, that by reason of ld age, and the consequent loss of memory, he cannot swear positive as to the precise length of his service; but according to the best of his recollection, he served not less than the period mentioned below, and in the following grades: ---For____year_____month____days, I served as a ______ for _______ months and ______ days, I served as a ________; and for such service I claim a Pension"

It is important, in all cases, to determine with precision the period for which each applicant. served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of service.  The use of the phrase about three or four months, is too indefinite and all such qualifying expressions are objectionable.  ome persons who apply for pensions mere state they served two years in the militia, &c. without specifying the tours, the names of officers, and other particulars respecting their service.  This form of a declaration is highly objectionable.  It must begin every case, be clearly shown under what officer the applicant severed; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corp 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 n 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 fix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he has no public seal of office, the certificate of a Member of Congress, proving the official character and signature of the certified officer, should accompany the papers.

                                                   Mode of authenticating papers.
In every instance where the certifing officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other papers authenticated, the certiicate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.

                                                  Proof of Service
(j) In case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses who are required to set forth in their affidavits the time of the claimant's entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged.  The magistrate who may administer the oaths must verify 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 is
note (j) applies to continental troops only.

(k)This traditionury evidence is indispensable in militia cases. 
(l) If a witness cannot be found, the declarant must state the fact.
(m) The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.
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In the death of Joseph Hiott applicant for Pension under act of June 7 1832 ( vertical note ) ( declaration )  R W Barnwell of So. Carolina - Jan ..
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[ The  State of South Carolina Colleton District ] to wit  On this eighth day of November in the year of our Lord  one thousand eight hundred and thirty two , personally appeared  in Open Court  before his honor  Josiah J  Evans one of the  Judges of the  honorable Court of Common Pleas for  said State now sitting in the  District aforesaid  Joseph Hiott  Senr a resident of the district  & State aforesaid  aged seventy  six years who being 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 June 7th 1832. That he entered the service of the United States under the following named officers and served as herein stated - In consequence of the loss of  his discharge and other papers by fire, and being unable to read or write  , this deponent  is unable to state all the particulars of his services with precision as to the dates  but he solemnly swears that he entered the service in the troops of South Carolina in the spring of the year 1779 as a  Drummer - that he was enlisted for the term of 16 months  by Capt. James Hogan attached to the  5th Regiment  of  South Carolina under the command of Gen. Huger - That   living  was Lieutenant  in the same company - there was a  Sergeant named Cornelius Keith - and that  his drum major was called Braun . The deponent was at the Battle of Stono  & at the Siege of Savannah  and was in  constant  service as a drummer from the  time of his enlistment  Fifteen months and five days - That he was discharged at Haddrill's Point in the state aforesaid - that his discharge has been  lost by fire - that
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immediately after his discharge he returned to his residence between Great and Little Pee Dee  Rivers in the State aforesaid when the whole Country being annoyed by Tories he entered as a Volunteer  in the company commanded by  Ezekiel  Hiott his half brother - In  this company he  continued for eight or nine months - during this time he went  onto North Carolina , when he again  returned , the  Tories still infesting the country  and his property all gone. he again   volunteered  under Capt. Wm Stackhouse in a Company called the  Bear swamp Company;   in this company he continued until a truce was declared when tis deponent  again  returned to his home. He was in actual service  from the time of his first enlistment  in all about three years ; and he knows of no one now living except Abram Garret  who can testify to his services, that the said Garret is  now to infirm to be brought  into  Court , but has been able to procure his affidavit which is hereunto attached . And the said Joseph Hiott 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 ; that  for the last  five years he has  been in  the receipt of an annuity of sixty dollars from the  Penson act of the  State of South Carolina , which he supposes does not bar him from his present claim. Sworn to and subscribed the day and year  aforesaid . Joseph Hiott ( his mark X )  A. Campbell ( signed ) CCP &  Just.
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[ State of South Carolina Colleton District ] Abram Garrett a soldier belonging to  Capt. James Conyers Company  of Grenadiers in the 5th south Carolina   Regiment being duly sworn  saith that he served during the Revolutionary war  for several years and during is time of service  was a the Siege of Savannah where he well remembers Joseph Hiott  then serving as a drummer in the same  Regiment , that six or seven years ago he  remembers Joseph Hiott  proved his discharge at Watterboro and ( and time of service )  before  R.B. Smith Esq. - the discharge itself being lost by fire . Sworn the 4th day of Nov. 2832 before me  Sam. Abbott (  signed ) QM  Abram Garrett ( his mark )
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( Office of Common Pleas Colleton District  South   Carolina ) I  Arch Campbell  clerk of the Court aforesaid do hereby certify that  Samuel Abbott before whom the within  affidavit was made is duly qualified  Justice of the  Quorum for the  District aforesaid  & is duly emoted as such  in this office  November 8th  1832.  a. Campbell ( signed )  C.C.P. & ...
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We Archibald  Campbell and Joseph Clarke  residing in the District of Colleton  & State of South Carolina  hereby certify  that we are well acquainted with Joseph Hiott  Sen wo has subscribed  and sworn to  the  above declaration , that we believe him to be seventy six 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  in open Court.  A. Campbell ( signed )  Joseph Clarke ( signed )  Josiah J Evans ( signed ) presiding Judge    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 he above named applicant was a Revolutionary soldier and served as he states. And the Court further certifies  that it appears to them that  Archibald  Campbell  and Joseph Clarke wo have signed the preceding certificate are residents in the  District of Colleton  , are credible persons and that their statement is entitled to credit.  Josiah J  Evans ( signed )
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I Archibald Campbell clerk of the Court of  Common Pleas  and General Session for the  District of Colleton  & State of  South Carolina  do hereby certify  that the foregoing contains the original proceedings of  the said Court  in the matter of the application of  Joseph Hiott for a pension . In testimony whereof I have hereunto set my hand  and seal of office this eighth day of November in the year of our Lord, one thousand eight hundred and thirty two ,  and in the fifty seventh year of American Independence.  A. Campbell ( signed / sealed  )  clerk
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Revolution
21817 
INVALID. 2817 
File No. 21,817
Joseph Hiott 
Musician Rev War 
_________________
Act: June 7th 32
ndex: -- Vol.2 Page 185 (Arrangement of 1870.}
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In the matter of                      Amended 
Joseph Hiott service              Decla  
applicant for Pension.            ration  
under Act June 7, 1832
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[The State of South Carolina. Colleton District ]                                                   Amended Declaration of Joseph Hyott Senr.

Personally appeared before me B.J. Earle and 
of the Judges of the Honorable the Court of 
Common Pleas of the State aforesaid Joseph 
Hiott of the List of the District and State aforesaid who 
being duly sworn deposeth and saith that by 
reason  of old age and the consequent loss of memory
he may be mistaken as regards the precise time 
he first enlisted in the troops of the State of South 
Carolina and therefore may have errors in his  original declaration as regards the time of
his first enlistment-- but he well recollects that 
the term which he served as stated in the declaration was sixteen months. This Deponent and from the consequent  loss of memory cannot state with certainty who was Colonel of the 5th Regiment at the time of his enlisting, but thinks that Huger afterwards Gen. Huger was his Colonel and knows that Col Lawrence was in command during a part of his service particularly at the siege of Savannah, and that he served a part of the sixteen Months under Capt Martin an officer of French descent - 

This Deponent further states that on his second entrance upon service when he was under the command of Capt Ezekiel Hiott,  Philip Pothy was his superior commanding Officer either Major or Colonel- that he served not less than Eight Months. - 
That upon his third entrance upon service, when he volunteered under Capt Wm Stackhouse, the principal objects and duties of this company were to keep in subjection the Tories between Great & Little Peedee Rivers in the State of South Carolina; that the duties were arduous and dangerous and this Deponent does not now recollect that connection there was between this 
company
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 and the other State or Continental Troops; consequently he cannot say further than he 
has already declared who were his superior officers He believes that this last term of service continued one year - This Deponent further swears 
that since the preparation of his original declaration than Abram Garret has died and he knows of 
no one we now living who served with him and who can prove his service- that his Brother Arthur Hiott enlisted under Capt Hogan at the same time with this Deponent, but that he knew no one in the 5th Regiment or in the any of his own name and no one of the name of Heyott - In conclusion this Deponent swears that he served no less than the periods above mentioned - to wit - 1st Term of service sixteen months- 2nd Term of service eight months -third term of service twelve months, for which services he claims a pension - 
Joseph  Hiott ( his mark X ) 
           

Sworn to in open Court
at Watterboro in the Dist .
of Colleton the 13th day of 
November 1833 before 
B. J. Earle ( signed ) 
Presiding Judge 

I, Archibald Campbell Clerk 
of the Court of Common Pleas and General Sessions for the District of Colleton & State of South Carolina do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the amended  application of Joseph Hiott  for a Pension. 

In testimony whereof I have hereunto set my hand and the seal of the said Court this thirteenth day of November in the year of our Lord one thousand and Eight hundred and thirty three and in the Fifty Eighth year of American Independence 
A. Campbell ( signed /sealed ) C.C.P. & G.S.