Revolutionary War Pension and Bounty Land Warrant Application File W 8762, for James Stuart, South Carolina
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[Arrangement 8-1776]

Service
S.C.

Stuart, James
Susan
Number
W. 8762

Contents
This spelling was taken from a letter written by James D. Stewart in regard to pension due on account of service of his father, He was not writing about this pensioner but about James Stewart S. 42389, where his letter  now is.
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Illinois 25
[Kentucky crossed out and Illinois written in its place]
James Stuart
of Christie County in the State of Kentucky who was a private in the company commanded by Captain McClure of the regiment commanded by Colonel Lacy in the South Carolina line for 2 years.
Inscribed on the Roll of Kentucky at the rate of 80 Dollars -cents per annum, to commence on the 4th day of March 1831
certificate of Pension issued the 9th day of November 1833 and D.S. Hays Hopkinsville
Arrears to the 4th of September $200
Semi-annual allowance ending 4 March $40
$240

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

Recorded by David Boyd Clerk,
Book E Vol. 7 Page 31
Transferred to Illinois from 
4 September 1838 February 18 1836
Note sent to Hon. W. L. W. Clancy
Same to U.S.
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Late of Kentucky Christian County S.S.
On this 16th day of November 1832 personally appeared in open court before the Honorable Blackford Lah Froyer of the Christian Circuit Court now setting James Stuart a resident of said county aged seventy years the 1st December 1832 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 papered June 7th 1832.
That he entered the service of the United States under the following named officers and served as herein stated.
That he served in the State of South Carolina in Christian County Camden District that he first entered the service under the command of Captain Hillman who raised a lynch party and went in pursuit of some Tories in 79 and had a battle with the Tories at the old fields on Rocky Creek near Rocky mount the next day after the battle he was taken prisoner by the Tories commanded by he believes Captain  Yarborough and by him delivered to Turnbull and carried to Camden where he remained until a small party defeated Captain Gregor or some such name. When he was exchanged and in a short time he entered the service a Volunteer under the age of 16 years in the month of June 1780 in a regiment of troops commanded by
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Colonel C. Lacy Lieutenant Colonel McGriffe-major John Adm in a company commanded by Captain John M. McClure John Steele sent Hugh Mcleen ensign Cole Rendezvoused at Charlotte Mecklenburg county North Carolina He then marched under General Sumpter to Rocky Mount where we had a battle with the British under the command of Turnbull we then marched to Lanford on the Catawba River then to the hanging rock where we had a  small battle with the British Colonel Bryan & Tories in august 1780.
When we  retreated back to Climbs Branch when we met with & reinforced by General Gates we then marched to opposite Camden when General Gates was defeated we then retuned back to fishing creek when we had an engagement with Tarlton & General Sumpter was defeated in August 1780 The  next tour we again rendezvoused was Steele Creek meeting House then marched under Captain Steele our Captain having been killed at the Battle of the hanging Rock to  Kings Mountain when we had an engagement with General Fergerson the British commander we defeated him. We then collected all General Sumpters men & marched down to fort Granby an the Congaree River we took possession of the Wert Fort Granby or Congaree Fort in March 1781 and then marched to the Siege of Ninety-Six General Green returned from the  siege and
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camped Broad River and then to Orangeburg General Green retreated to the High Hills of Santee and General Sumpter marched divided then men  some went to Dorchester and the detachment was in under the commanded of General Sumpter marched to the [illegible near the [illegible] & Haddrell's Point or some such name where   Marion & General Sumpter joined and had a battle with Stuart (I believe) a British officer then we returned back preparing the Beigham Church (when major & a Horse runaway) to near Orangeburg then all joined General Green army and marched to Eutaw Springs when we had a battle with Colonel Stuart ( I believe) Colonel Washington was here to take in prisoner in the garden Colonel Campbell of Virginia was killed. This was in the year 1781 and in the month of September or act & was under a Captain Philip Walker in this battle and state on the same regiment we then returned up the country  & between to Orangeburg when we were discharged this term was for about 16 or 17 months.
He then volunteered under Captain Walker Lieutenant Crawford and Colonel Lawes regiment we came shortened then at Orangeburg and at a place Called farm holes on four hole river this tour lasted three months when he returned home this was about the declaration of pension but he does not recollect the oath he is now old and
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may perhaps miss apply dates after this we had personally to embody ourselves and had many skirmishes with the Tories &c who frequently committed desperate ones after the  main army was discharged.
He states positively that he remained more than two years service in the war of the revolution that his age is recorded in his Bible now at his own house that after he ended his service he resided in Chester County South Carolina until about the year 1802 or 3 or 4 when he removed to Christian County Kentucky when he hath no longer resides in except a part of the time. He resided in Todd A having been former out of Christian left him in Todd and that he hath recently moved again into Christian were he now resides that he hath made positive proof of actual service in the war of the revolution by Hon. Walker of the state of Indiana sworn to 25th September 1832 and that he can make positive proof and continued to do so by General John Adair now a member of congress from Mercer of this state of his actual service as herein stated that said John Adair filed
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James Stuart
Sworn to in open court
J.S. Philips
20980

D.S. Hays

James Stuart
Declaration
for pension
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Major in the same regiment with him that he is well known to have been a soldier of the revolution in the county when he now resides to which many of his neighbors can witness in the opinion (to wit) William Stuart said Walkins Absalom Humphries he presents the foregoing as full true a perfect answers to singular the interrogatories  put by the war department that he was born in the state of Maryland in a small town called Burch Town.
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 of the United States.
James Stuart
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I John S. Phillips clerk of the Christian Circuit Court do hereby certify that the foregoing contains the original proceedings of the said court in the matter of the application of James Stuart for a pension.
In testimony whereof I have hereunto set my hand and seal of office this 21st day of November 1839.
John Phillips
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5319
Illinois
Susan Stuart
widow of James Stuart SC who served in the revolutionary war as a private
Inscribed on the Roll at the rate of 80 dollars-cents per annum, to commence on the 3rd February 1853.
Certificate of Pension
2nd day of June and sent to J.L. Edwards
Recorded on 
February 3 1853

John R Berry August 5 1856

[note: document is torn not all dates/information available]
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1830 James Stuart
November 13 to 1053
Susan Calvin
Married November 13th 1830 by John Spurling J.P.

State of Kentucky
Christian County set I John D. Bryan clerk of the county court for said county do certify that the foregoing is herewith true copy from record of marriage of 1830 found in my office. Given under my hand and seal of office the 2nd day of may 1855.
John D. Bryan C.C.C.
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State of Kentucky
County of Christian 
On this 21st day of June A.D. 1854 personally appeared and came before me a Justice of the Peace in and for said county Susan Stuart aged 100 years who after being duly sworn according to law declares that she is the widow of James Stuart who was a revolutionary pensioner under the act of June 7th 1832 and to whom a certificate of pension was issued dated November 9th 1833. That the said James Stuart departed this life on the 6 day of October A.D. 1840  at Fairfield Wayne County and late of Illinois. She further says that she was married to the said James Stuart on or about the 13th day of September A.D. 1830 in the county of Christian and state of Kentucky by one John D. Spartin Justice of the Peace. her name before her said marriage as Susan Calvin and that she has never again married since the death of her said husband. She makes this application for the purpose of obtaining a pension under the several acts of Congress in such case provided. Sworn to and subscribed before me on this 21st day of June A.D. 1854
Susan (X-her mark) Stuart
E. H. Martin J.P.
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Also on the day & year first above written personally appeared and came before me Sharlien Henderson who I certify is creditable citizen who after being duly sworn according to law depose and say that the foregoing affidavit of Susan Stuart was signed  or acknowledged by her in their presence they further say that they are well acquainted with the said Susan Stuart widow of James Stuart deceased and are well acquainted with the said James in his life time the said James and Susan Stuart resided together as husband and wife and are well reputed and believed to be in their neighborhood where they resided that said deponent Sharlien Henderson was personally present at the marriage of the said James and Susan Stuart and the same is correct for the in the foregoing affidavit of it said Susan Stuart. They were not present at the death of said James Stuart and know nothing  thereof except from the statement of the what the said Susan Stuart has not within  the knowledge and belief of she deponent to married since the death of the said James deponent further say that they are not in any manner interested in the forgoing application for pension.
Sworn to and subscribed before me on this 21st day of June A.D. 1854 and I certify that I am not
Sharlien H. Henderson
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in any manner either willing or otherwise interested in the foregoing application for pension.
E. D. Meacham J.P.
State of Kentucky
County of Christian 
I Abraham Siles clerk of the court of the county court of said county hereby certify that E.D. Meacham before whom the foregoing affidavit purports to here within sworn was on the day of the date thereof an acting Justice of the Peace in and for said county duly elected commissioned and sworn an his act as such are entitled to full faith and credit and the signature purporting to be his I believe to be genuine. I further certify that I am not his attorney or otherwise interested in the in the foregoing application for pension.
Given under my hand and the seal of said court this 27th day of June A.D. 1854
Abraham Siles C.C.C.C.
by A.S. Montgomery D.C.
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State of Illinois
Wayne County S.S.

On this 14th day of July in the year 1854 personally appeared and came before me a Justice of the Peace in and for said county Ludden Stuart and Elizabeth Black resident of said county of Wayne who after having been duly sworn according to law depose and say that they were well and intimately acquainted with James Stuart and Susan Stuart his wife that said James Stuart departed this life about the month of October 1845 (the exact time they cannot recollect) at the house of said deponents in Fairfield in said Wayne County and state aforesaid. They were not present at the marriage of said James and Susan Stuart but of their own personal knowledge knew of them living together for a number of years as husband and wife a part of the time residing in the house of said deponent Ludden Stuart. They further say that said Susan Stuart has never within the knowledge or belief of said deponents married since the death of her said husband and that she is still his widow. Deponents further say they are not in any manner interested in any application of the said Susan Stuart for pension.
Sworn to and subscribed before me this 14th day of July A.D. 1854
Ludden Stuart
Elizabeth Black

James S. Marriott J.P.
and I certify that I am not in any manner either as attorney or otherwise interested in any application for pension of said Susan Stuart
James S. Marriott J.P.
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25026

Susan Stuart
for Revolutionary Pension
act 3 February 1853
filed by John S. Edwards
July 24, 1854

July 24/54
War Department
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State of Illinois
County of Wayne S.S.

I John Truesdale, Clerk of the county court of said county do hereby certify that Isaac S. Marmott before whom the foregoing affidavit purport to have been sworn to was in the day of the date thereof an acting Justice of the Peace in and for said county duly elected commissioned and sworn and that the signature thereto purporting to be his is genuine.
I further certify that I am not in any manner either as lettering or otherwise interested in the aforesaid application for pension.
Given under my hand and seal of said court at Fairfield in said county this 14th day of July A.D. 1854.
John Truesdale, Clerk
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James Stuart
Christian County
Kentucky

from 1779 Private
2 years $80
J. Brown

D.S. Hays
Hopkinsville
Christian County Kentucky
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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 show what is necessary to be done. Those points to which your attention is more particularly directed, you will find marking n 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, showing the service of James Stuart Christian County Kentucky

Period when the service was rendered
1779
June 1780
He states he rendered 2 years service

Duration of the claimants service
Years:
Months: 16,02,17,3
Days:

Rank of the Claimant
Private

names an rank of the field officers under whom he served.

Sam McClure 
Col. Lacy
Lt. Col. Griffin
Major Adam
Captain McClure
General Sumpter
Colonel Lacy
Captain Walker

Age at present, and place of abode when he entered the service.

70 years
Chester County, South Carolina

Proof by which the declaration is supported
Witness John Walker

The credibility of the witness should be certified by the magistrate before whom they made their affidavit and the testimony of William Stuart should be made with oath.

I am, respectfully,
Your obedient servant,
J. L. Edwards, Commissioner of Pensions

The traditionary evidence should b e taken in court as agreed by the regulations and the court should certify as to character &c.
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 2

REGULATIONS UNDER THE ACT OF JUNE 7, 1832

The following regulations have been adopted:
The 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, or District of
County of } S.S.

On this ___day of ___ personally appeared 9a) 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 act 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 and 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.
[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 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 (the same) hereby certify, that we are well acquainted with ____, who has subscribed and sworn to the above declarations; 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 by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that is 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 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 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 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 this 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. Avery 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 e 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; where 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.
G {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 service 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 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 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 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 application 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 isa 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 is 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 or periods of the war when he served.
[e] Every continental officer of 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 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."

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 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. If must in every case be clearly shown under what officers the applicant served; the duration of each term of engagement; the particular place or place 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.
[f] the law makes the relinquishment indispensable.
[g]The opinion o 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 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 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 officer, so as to prevent any aper 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 oath 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] in [c] 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] The 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 interrogatories must all be written, and sent to the War Department, with the declaration.
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June 12, 1933.

xxxxxxxxxxxxxxx

Micajah Callaway
W.6646
James Stuart 
W. 8762

Miss Eunice C. Record,
3116 South 10" East Street,
Salt Lake City, Utah.

Dear Madam:

Reference is made to your letter relative to Micajah Callaway and James Stuart, soldiers of the Revolutionary War.

The data contained herein are obtained from the papers on file in the Revolutionary War claims for pension, based upon their military service in that war.

Micajah Callaway
W. 6646

Micajah Callaway or Calloway enlisted in April 1777 in Botetourt County, Virginia, and served about nine months in Captain Henry Paulding's Virginia Company. He then enlisted in Colonel Boone's Virginia Regiment, in February 1778 at the Blue Licks he was taken prisoner by the Shawnee Indians and after five years and five months he was released by the assistance of General George Rogers Clark. After his release he defended the frontiers against the Indians. he served as interpreter in making a treaty at Limestone for the exchange of prisoners. He acted as interpreter at the mouth of the Big Miami for General Butler and General St. Clair. He also served four months as a spy for General Wayne.

He was allowed pension on his application executed September 29, 1832 while a resident of Washington County, Indiana, aged seventy-four years.

He died April 11, 1849 in Washington County Indiana.

Soldier married April 4, 1805 in Garrard County, Kentucky, Franky or Francis Hawkins. She was allowed pension on her application executed July 6, 1853 while a resident of
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Washington County, Indiana, aged about eighty-one years.

She was still living there in 1859.

Soldier's son, John H. Callaway, was living in Washington County, Indiana, in 1859.

One Noble Callaway was a resident of Washington County, Indiana, in 1859, no relationship to soldier stated.

**************************************************

James Stuart
W. 8762

James Stuart was born December 1, 1762 in Bucktown, Maryland.

While a resident of Chester County, Camden District, South Carolina, he enlisted in 1779, served two months as a private in Captain H. McClure's South Carolina Company and was in the battle of Rocky Creek; the day after the battle he was taken prisoner and carried to Camden and later exchanged. he enlisted in June 1780, served three months as a private in Captain John McClure's Company, Colonel E. Lacey's South Carolina Regiment and was in the battles of Rocky Mountain, Hanging Rock and Fishing Creek. he enlisted date not stated, served as a private in Captains Steele's and Philip Walker's South Carolina Companies was in the battles of Kings Mountain, Fort Granby, Siege of Ninety-Six, Haddrell's Point and Eutaw Springs; length of service sixteen or seventeen months as a private in Captain Walker's Company, Colonel E. Lacey's South Carolina Regiment. He also served three months and was out against the Tories, dates not stated.

About 1803 he moved from Chester County, South Carolina, to Christian County, Kentucky. For a time he lived in Todd it having been formed out of Christian, and he later moved again into Christian County, Kentucky.
About the last of 1834 he moved to Shelby County, Illinois.

He was allowed pension on his application executed November 16, 1832 while a resident of Christian County, Kentucky.

He died October  6, 1845 in Fairfield, Wayne County, Illinois.
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Soldier married November 13, 1830 in Christian County, Kentucky, Susan Calvin. She was allowed pension on her application executed June 21, 1854 in Christian County, Kentucky, at which time she was one hundred years old.

In 1833 one William Stuart, born June 26, 1788, was living in Christian County, relationship to soldier not stated.

One Lucinda Stuart was residing in Wayne County, Illinois, in 1854, no relationship to solder stated.

Very truly yours,

A.D. Hiller
Assistant to Administrator

[Handwritten on side of typed letter: Date of widow's death not on. A.B.]
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Revolutionary
WIDOW, &c.
File No. 8762
Susan Stewart
Widow
James Stewart
Private Revolutionary War
Act: February 3rd 1833
Index:-Vol. M, Page 242
[Arrangement of 1870]

1917 June 26 Letter to Mr. F.F. Thurnber 621 Citizens National Bank Building. Los Angeles, California (a letter in John Henson W. 21301)aw

1933 June 12 History to Miss Eunice C. Record. See her letter in Micajah Callaway W. 6646 a.c.y.
Page 26

REVOLUTIONARY WAR RECORDS SECTION
3-525
DEPARTMENT OF THE INTERIOR,
BUREAU OF PENSIONS.
Washington, D.C. ---------, 19--

In reply to your request of --------, received------
for a statement of the military history of James Stuart a soldier of the Revolutionary War, you will find below the desired information as contained in his ( or his widow's) application for pension on file in this Bureau.

Dates of Enlistment or Appointment
1779
June 1780

Length of Service
Months
3, 16, 17, 3,3

Rank
Private

Officers Under whom service was rendered.
Captain:  John McClure,
Steele & Paul Walker, E. Lacey
out against Tories
Colonel: E. Lacey

State
S.C.

Battles engaged in:
Rocky Creek
Rocky Mount
Hanging Rock
Fishing Creek
Kings Mountain
Fort Granby
Siege of Ninety-Six
Haddrell's Point
Eutaw Springs

Residence of soldier at enlistment 
Chester County South Carolina

Date of application for pension May 16, 1833
Residence at date of application: Christian County Kentucky

Age at date of application: Dec 1 1762, resident of Fairfield, Hayden
Remarks: married in Christian County Kentucky November 13, 1830 Susan Calvin widow pension approved June 21, 1854 at which time she was 100 years old and lived in Christian County 
son James D. lived in Hurstville Madison County in 1856

Respectfully
Commissioner

This son [James D.] was the son of James Stewart S. 42389 & not this soldier
Page 27

See Schulyer County Illinois act of May 15, 1828 or 1835 list This soldier was a [illegible] in the Va Artillery pensioned at the a rate of $120 per annum placed on pension roll May 23, 1829.

Where John R. Berry wrote the Pension Office in regard to pension due to sone James Stewart he was writing about James Stewart S.42389 & not James Stuart W. 8762. The office letter in reply dated August 5, 1856 in reply to Mr. Berry referred all the time to the wrong soldier the reply is now in S.42389. As his was a claim pertaining to Act of May 15, 1828 the final act in May by recorded in lieu 3 Audits office Treasury Department.
M.H.T.
June 12, 1933
Page 28

J. L. Edwards Esq.
Page 29

J. L. Edwards Esq.

It appears form the accompanying paper that James Stuart is a Revolutionary pensioner. It seems he has been to for received his yearly pay at Lexington Kentucky & that he has become a permanent resident of Shelby County Illinois.
Is the authenticated deposition sufficient to authorize you to send him to his part at the pension office of Illinois? Be pleased to answer him as early as convenient and any communication which you may think it necessary to make him be so kind as to send it through me.
Respectfully your obedient servant
W. L. D. Ewens

February 4th 1836
Page 30

Brief in the case of Susan Stewart widow of James County and State of Illinois
act 3 February 1853

claim original
Proof exhibited (if original)

It is documentary, traditionary or supported by rolls? If either, state the substance.

her husband was a pensioner under the act of June 7, 1833 at $80 a year ( semi provision his papers)
Review of marriage
J. D. certify as the widow of the pensioner his death and her present widowhood review by Luan a Stewart Elizbeth Black & Sherlien H. Henderson, properly certified.

Thanking respectfully
Examining Clerk

Name and residence of Agent
J. L. Edwards
present
Page 31

Susan Stewart
widow of James
J.L.E.
Act February 3 1853
27 years private $80
per annum from 3rd February 1833
Cert. to J. L. Edwards Esq.
Present.
Page 32

No. 4897
Susan Stuart
Widow of James
Sent to J.L. Edwards July 26/55
Same June 23/55
Act/53
Page 33

Pension Office
June 28, 1855

Sir

Susan Stuart widow of James of JM declares that she was married to him in Christian County Kentucky. Records of marriage are kept in the State of Kentucky and the clerk of the county of Christian should be applied to for Record of the fact of her marriage as she alleges. If no record exist it certainly would not be difficult to prove a marriage that occurred in 1830 by eye witnesses at least it could be done by witness who knew the fact by common report at the time.
I am respectfully
your obedient servant
L.P. Waldo
Commissioner
J.L. Edwards Esq
Present
Page 34

Pen Office
June 25, 1855

Sir Please inform me when James Stewart of Kentucky act 1832 at $80 a year was last paid.

R. J. Atkinson Kentucky
Auditor

Very respectfully
J. Cole
C. Office
Issued
Page 35

James Stewart paid to 4 September 1845
June 28/58
R. Johnson
Auditor
Page 36

Deemed sufficient
by the commissioner 
February 12, 1836
Page 37

State of Illinois
Shelby County } S.S.

James Stuart being duly sworn saith that in the year 1835 being then a citizen and resident of Kentucky he applied for and obtained from the Pension Department a pension under the act of Congress of the 7th of June 1832 the deponent therefore lives in the (illegible) following to wit: War Department Revolutionary claim
I certify that on conformity with the law of the United States of the 7th June 1832 James Stuart of the State of Kentucky whom was a private in the army of the Revolution is entitled to receive eighty dollars and -cents per annum (illegible) his natural life commencing on the 4th of March 1831 and payable semi-annually on the 4th of March and 4th of September in every year.
Given at the War Office of the United States this 9th day of November one thousand eight hundred and thirty three.
examined County and  J.L. Edwards
Commissioner of Pensions
Lewis Cole
Secretary of War
Page 38

The land warrant being indirect as follows to wit "Pay merits to a mode at Lexington by the payment U.S.B. Bank Agent for a foregoing pensioners in the agency of Kentucky"
Recorded in the pension office in Book E. Vol. 7 Page 31 by Daniel Boyd Clerk."
and further saith that he received his last payment of 4th September  & at Lexington, that since then he has been in or permanent citizen and resident of the State of Illinois County of Shelby that its extremely inconvenient and intrusive for him to draw his money on his given revolutionary claim at Lexington and therefore wishes and asks that  the place of payment of said claim may be changed to an agency office in this state, it coming onto a (illegible) office to this place if there be one or should one be established.
Sworn to and subscribed before me this 15th January 1836.
Daniel Gregory J.P. {seal}
James Stuart
Page 39

State of Illinois
Shelby County}

I hereby certify that the above named James Stuart personally came before me this day and exhibited the original Revolutionary claim where about whereof a copy is given in the above (illegible) affidavit of the said James Stuart and further the said James Stuart is personally know to me to be the identical person named therein given under my hand and seal this 15th day of January 1836.
Daniel Gregory a Justice of the Peace in and for Shelby County.
State of Illinois
Shelby County}
I do herby certify that Daniel Gregory is an acting Justice of the Peace on and for Shelby County and that due faith and credit should be given to all his official acts.
In testimony whereof I do hereunto set my hand and seal of the county court at Shelby on the 18th January 1826
Lou Olson Clerk
Page 40

James Stuart
Elizabeth Black
Shailien H. Henderson
Record of sent
John Hunt 8 October 1845
Boynton
Filed by John L. Edwards
22 June 1855

Add widow
Susan widow James Stewart for Revolutionary Pension act 3 February 1853
Page 41

State of Illinois
Wayne County } S.S.

On this 12 day of June A.D. 1855, personally appeared before me a  Justice of the Peace in and for said county Lucinda Stuart and Elizabeth Black residents of said Wayne County and State, who I certify are credible witnesses and who after being duly sworn according to law depose and say that they were well acquainted with James Stuart who was a revolutionary pensioner first in the State of Kentucky and afterwards in the State of Illinois They are also well acquainted with Susan Stuart formerly Susan Calvin widow of said James said Susan is still living and has never married since the death of her said husband. They further say that said James departed this life in said Wayne County about the  and said witnesses swear that they are not interested in any claim for pension for the said Susan Stuart
Lucinda Stuart
Elizabeth Black

Sworn to and subscribed before me this day and year first above written
James S. Marmot J.P.
Page 42

State of Illinois
Wayne County S.S.

I John Trousdale, Clerk of the County Court in and for said county hereby certify that Isaac S. Marmoth before whom the foregoing affidavit purports to have been sworn to now, in the day of the date thereof and with our acting Justice of the Peace in and for said duly elected, commissioned and sworn and that the signature thereto purporting to be his is genuine.
In witness whereof I have hereunto set my hand and seal of said Court at Fairfield in said county this 13th day of June A.D. 1855.
John Trousdale, clerk
Page 43

Free

Hopkinsville, Kentucky
12 October

Hon. Lew Cass
Secretary of War
Washington City D.C.

Mail
October 21, 1833
Pension Act KY
Office
Page 44

Hopkinsville 
October 10th 1833

Dear Sir

The papers of James Stuart is again forwarded with such attention as to enable to make at this time I hop you will find them satisfactory.
Your friend
D.I. Hays

The claim of Delmes Johnston, Isaac Palmer & John Trour deceased I have heard nothing from you please attend to them
D.I.H.
Page 45

State of Kentucky
Christian County } S.S.

On this 3 day of June 1833 personally appeared James Stuart in open court before the Justices of the Christian County Court now sitting who being first duly sworn makes this as an amended declaration to one law before (Tallet) on the 16th day of November 1832 made by him in order to obtain the benefit of the act of Congress papered 7th of June 1832.
Saith that by manner of old age and his consequent lapse of memory he cannot say or positively as to the precise length of his service but according to the best of his recollection he served not less than the period mentioned but on and in the following grades. (Toulet)

His 1st tour as private under the command of Captain Hal McClure eluding the time he was prisoner & returning home not less than two months.
His 2nd tour as private in the month of June 1780 under Captain John McClure not less than three months.
His 3rd tour as private under Captain Steele & P. Walker not less than sixteen months.
His fourth tour volunteered under Captain Walker not less than three months.
His las service against the Tories in all not less than three months calculating only the time in actual service.
Page 46

amounting in the whole to twenty seven months. for which he claims a pension.
He never received a written discharge. He has no documentary evidence. He states that General John Adair was written to before he left home for the city and he believes in time to have record his little but does not know that he did receive it.
That finding the general did not answer his letter he again wrote to him at the city stating that his declaration was sent on to the war department requesting him to call there and make affidavit that he has never heard from him and presumes the letter must have miscarried. He  particularly states that he can prove his actual service  him as he has done by John Walker given under my hand the 3rd June 1833. James Stuart

I William Stuart aged sixty-five years the 26th June 1833 now residing in Christian County hereby certify that I have been well acquainted with James Stuart who hath subscribed and sworn to the foregoing declaration that he hath known and been well acquainted with him from the time he can first recollect that they lived near neighbors in South Carolina and since in Christian County Kentucky and that he did say he has first sworn to believe the said James Stuart was a soldier of the revolution and served as he states.
William Stuart
Page 47

The Commonwealth of Kentucky
Christian County, Sit.

This day personally appeared William Stuart aged sixty five years the 26th June 1833 now residing in Christian County Kentucky and makes oath that he hath been well acquainted with James Stuart who hath subscribed and sworn to the declaration on the 11th November 1832 that he hath known and been well acquainted with him for the time he can first recollect that they lived near neighbors on South Carolina and lived in Christian County Kentucky and that he would say he has first reason to believe that James Stuart was a solider of the revolution and served as he states and that he has a perfect recollection of said Stuart going into the service and returning and that the last time he went out this deponent was sent out by his father harried possessions to help them herein he further states that his was sworn on open court to the certificate he gave which is attached to the law James Stuart declaration.
Sworn to and subscribed by the said William Stuart before this 28th September 1833.
D.I. Hays J.P.
William Stuart
Page 48

I further certify that William Stuart who made the foregoing affidavit is a man of undoubted veracity.
Given under my hand the 28th September 1833.
D. I. Hays J.P.

Commonwealth of Kentucky
County of Christian, to wit

At a County Court Continued & held for the county of Christian at the Court house in the town of Hopkinsville on Tuesday the 8th day of October 1833.
Present John P. Campbell
Daniel S. hays
Matthew Wilson
Justices

In the rule of James Stuart of this county for a pension. It is ordered by the Christian County Court now in session that it be certified to the secretary of war that said James Stuart the applicant herein is a man of undoubted veracity and that they believe him to be a soldier of the revolution & severed as he states in his declaration and amendment thereto. the said court further certify that John Walker formerly of said county who deposed to the actual service of the said Stuart is a man of veracity entitled to full credit.
I Abraham Stiles the clerk of the county court of Christian County do hereby certify that the foregoing contains the original proceedings of the said court in the matter of the application of James Stuart for a pension & I do also certify that D.S. hays whose name appears to be e subscribed to the foregoing affidavit was at the time of making the same and is now an acting justice of the peace in and for the said county always commissioned and qualified that full faith is due to his official acts of said his signature thereto is genuine. In testimony whereof I have hereunto set the seal of the said county & subscribed my name the 9th day of October 1833 and in the 42nd year of said Commonwealth.
Abraham Stiles
C.C.C.C.
Page 49

the court do herby declare their opinion that the above named applicant was a revolutionary soldier and served as he states.
I Abraham Stiles the clerk of the county court of Christian County do hereby certify that the foregoing contains the original proceedings of the said court in the matter of the application of James Stuart for a pension.
In testimony whereof I have hereunto set my hand and seal of office this sixth day of June 1833 and in the 42nd year of the Commonwealth of Kentucky.
Abraham Stiles
C.C.C.C.
Page 50

Indiana
Dory County

I John Walker being duly sworn saith that he is now about seventy six years of age that he was well acquainted with James Stuart who now resides in Christian County Kentucky at the Commencement of the revolutionary war and is still acquainted with him that said Stewart entered the company of Captain John McClure in the regiment commanded by Colonel Lacey in South Carolina in which regiment he served at count two years that said Stewart and this deponent were both first engaged with the Tories most at the particular time a person that they went both engaged at the battle at the Hanging rock next at the taking of the  Congaree Fort next  in a skirmish now Moby Corse at Bigham Church next in an engagement with Col. Stewart who commenced the British near the mud house beside many other minor engagements with the Tories and that said Stewart was always up to be a brave faithful soldier.
Subscribed and sworn before me a justice of the peace of the county aforesaid this 23rd day of September 1832
John Gathrey J.P.
John (X his mark) Walker

State of Indiana
Dory County
Personally appeared before me the undersigned of said county appeared Less Bennett, James Bennett John Calvin & Marcus Britton and Nathan Grittus who being of lawful age and duly sworn saith depose and say and each for himself say that he is well acquainted with John Walker a witness for James Stuart who claims a pension for revolutionary service that he is considered in his neighborhood a man of faith and veracity and that full credit
Page 51

John Gathney J.P.

Hale of Indiana
Dory County

Personally appeared before me the undersigned a justice of the peace for the county said Less Bennett James Bennett John Calvin and Marcus Brittan and Nathan Brittan who being of lawful age and duly sworn verbally depose and say and each for himself say that he is well acquainted with John Walker a witness for James Stuart who claims a pension for revolutionary service that he is considered in his neighborhood a man of truth and veracity and that full credit ought to be given to his statement and made under oath given under my hand and seal this 24th day of September 1832.
John Gathney J.P. {seal}

State of Indiana
Dorey County

I William E. Stewart clerk of the circuit court in and for the county of Dorey in the state of Indiana of aforesaid do hereby certify that John Gwalmey Esquire before whom the above affidavit of Legso Bennett James Bennett John Calvin and also the deposition of John Bracker and Marcus Britton and Nathan Britton was taken was at the time of taking such affidavit and now is an acting justice of the peace in and for said county of Dorey aforesaid duly commissioned and sworn to all
Page 52

Legro Bennett James Bennett John Calvin and also the deposition of John Bracker Marcus Britton & Nathan Britton was taken was at the time of taking such affidavit and now is an acting Justice of the peace in and for said county of and sworn to all whose official act as such due faith and credit is such ought to be given.
In testimony whereof I have hereunto set my hand and affixed the seat the said court at
Mount Vernon this 26th day of September A.D. 1832.
W.E. Stewart Clerk