Revolutionary War Pension and Bounty Land Warrant Application File W. 5517, for Hiram Pendleton, North Carolina
Page 3

155.054 Act M 33
June 1 33
Elizabeth Pendleton widow 
of Hiram Pendleton pri

Revolutionary War

No 28549 of May 28/56 [written across page]

NC Feby 53-3228
[ILLEGIBLE] m 26/56
[illegible]

John M Rose
Fayetteville
NC


ar J M Rose Apl 2/56

Vol P page 56
Page 4

3228
North Carolina, Fayetteville
Elizabeth Pendleton widow of
Hiram Pendleton
NC
who served in the Revolutionary war, as a private
Inscribed on the Roll at the rate of 80 Dollars 00
Cents per annum, to commence on the 3d February, 1853.
Certificate of Pension issued the 
15 day of Dec 1833
and sent to J T Alexander
Lincolnton
NC
Recorded on Roll of Pensioners under act
February 3, 1853, Page 137 Vol a
32
Page 6

State of North Carolina
Lincoln County} Court of Pleas & quarter sessions
October Sessions 1832
On the 31st day of October 1832, personally appeared before the justices of the county court of Pleas & quarter sessions of said County Hiram Pendleton a resident of Lincoln County in the state of North Carolina aged eighty three years, who being first duly sworn according to law, doth on his oath make the following declaration in and to obtain the benefit of the provision made by the state act of Congress passed June 7th 1832
That he enlisted the service of the Mounted service, under the following named officers & served as herein stated, that he was drafted in Pasquotank County in the state of North Carolina, for eighteen months in the year and appeared at Edenton North Carolina I put in Captain Benjamin Baileys company in the regiment commanded by Col Armstrong (being illiterate cannot state the month or year) and was marched through Suffolk in Virginia for the month to join Washingtons army but was ordered back to the South & was marched through Fayette and the North Carolina to George town South Carolina, & from there to Purresberg where troops joined Genl Lincolns army and marched to Savannah in Georgia and to a part near Augusta following the British army, [crossed out to Stono illegible Carolina] but never got into any engagements, before any time of [illegible] was out I then determined that I would remain with the army till I had a fight & volunteered for eighteen months more, under Captain Ben Bailey in Col Armstrongs regiment & was marched to Steno River in South Carolina where I was in the battle of Steno) Captain Bailey & his Lieut Charleston was killed The Lieut was near me when wounded and said Pendleton I am a dead man & fell. After the battle of Stono I was placed in the company commanded by Captain Jonakin in Armstrongs regiment called the 6th regiment After the battle of Stono I was sent by a boat to Charleston South Carolina to attend the wounded when I remained about fourteen for fifteen days when my time of service expired and I was discharged in Charleston So Carolina by Genl Lincoln after I left Charleston I set out for home, near Peedee I was taken prisoner by Tories who took away my discharge after being prisoner with the tories
Page 7

two or three days I was sent out with a Tory to drive up the horses I caught mine I took the Toreys gear I made off  I joined Col Brown on Cape Fear, and with him hunted up the tories in different places; in Bladen County N Carolina had a battle with them, when I received a wound on my left rist; I was engaged with the tories in battle, at the Rafts swamp, Bear swamp  Drowning Creek, Elizabeth or Cape Fear, & on Shes Heal at the last place there was about fifty tories killed; at Elizabeth a man by the name of Cunningham had his club of hair cut off by the sword of a tory in this service I remained near two years, I was discharged a few weeks after Cornwallis while with Col Brown I was instrumental in taking Captain Beaufield a famous tory
He hereby relinquishes every claim whatever to a pension or annuity except the present & declares that his name is not on the pension & declares that his name is not on the pension roll of the agencies of any state. I have no papers to prove my service
Hiram X Pendleton his mark
sworn to & subscribed
the day & year aforesaid
Seth Vardey W Bee Clerk of Said Court
W Hugh Quin a clergyman, residing in the county of Lincoln and state of North Carolina I Michael Reap residing in the same County hereby certify, that we are well acquainted with Hiram Pendleton who has subscribed & sworn to the above declaration; that we believe him to be eighty three years of age from his appearing his own declaration that he is reputed & believed in the neighborhood where he resides to have been a soldier of the revolution

and that we concur in that opinion
Hugh Quin VDM
Michael x Reap his mark

Sworn & subscribed the day & year aforesaid Seth Pardry W Bee
Clerk of said court
Page 8

Where & in what year were you born?

I was born in Pasquotank County State of North Carolina, I cannot tell the year, but from what I was told I am eighty three years old. 
Have you any record of your age; & if so, when is it?
I have no record of my age.  I understood it was set down in my mother's bible.  I was told by my mother, thirty two years ago of my age, but I could not read.
Where were you living when called into the service, where have you lived during the revolutionary war & where do you now live
I lived in Pasquotank County North Carolina, when called into Service after the war I settled in what was then Bladen County N Carolina & lived there about thirty years, from there I moved to Chester District, South Carolina, a short time, from there back to North Carolina.  I now live in Lincoln County N Carolina & have been living here near twenty years.
How were you called into service; were you drafted, did you volunteer or were you a substitute?
For answer to this question I refer to my declaration & also For answers to the fifth interrogatory and for the death also.
State the name of persons to whom you have known in your present neighborhood of who can testify as to your character for veracity & their belief of your services as a soldier of the revolution
The Revd Hugh Quinn, Michael Reap Hugh Spratt & Boston Best Jr
And the said court do hereby declare their opinion after the signature of the matter & after putting the interrogations foresaid by the war department that the that the above named applicant was a revolutionary soldier & served at he states And the court further certifies that it appears to these that Hugh Quinn who has signed the preceding certificate is a clergyman resident in the County of Lincoln  No C & that Michael Reap who has also signed the same is a resident in the same county & state & is a credible person & state their statement is entitled to credit
I Vardry McBee clerk of the county court do hereby certify that the foregoing contains 
the original proceedings of the said court in the matter of the application of Hiram Pendleton for a pension
In testimony whereof I have hereunto set my
hand & seal this 4th day of Nov 1832
Vardry McBee

Hiram Pendleton
Page 11

State of No Carolina
Lincoln County}
On this 22nd day of October 1853 personally appeared before the court of pleas & Quarter Sessions now open and held for Lincoln County No Ca Elizabeth Pendleton a resident of the county of Lincoln and state aforesaid aged about 64 years who being first duly sworn according to law, doth on her Oath, make the following declaration in order to obtain the benefits of the provision made by the act of Congress, passed the 3rd day of Feby 1853 granting pensions to widows of persons who served during the revolutionary war; That she is the widow of Hiram Pendleton who was a pensioner of the U States on the roll of the state of North Carolina for his services in the revolutionary war she respectfully refers to the evidence filed in his application
She further declares she was married to the said Hiram Pendleton on or about the 10th day of August 1818 that her said husband died on or about the 6th day August 1834 that she was not married to him prior to the 2nd of January 1800 but at the time above stated she declares she is now a widow
Elizabeth X Pendleton her mark
Sworn to and subscribed on the day and year above written before said court
Danl Seigel
Chairman of said court
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and Quarter Sessions Certify that Daniel Seagle the subscribed to the foregoing is and was chairman of said court at the date thereof and the signature purporting to be his is genuine. In testimony whereof I have hereunto subscribed my hand and the seal of this county court of Lincoln No Ca this 22 day of October 1853
John A Huss c c clk

State of No Carolina
Lincoln County}  I John A Huss clerk of the court of Pleas & Quarter Sessions holden at Lincolnton in and fore the county of Lincoln and state aforesaid; do hereby certify that satisfactory proof has been exhibited to said court that Hiram Pendleton was a pensioner of the United States at the rate of Rate not now known by any per annum; was a resident of the county of Lincoln in the state of North Carolina; and died about the 6th August 1834 in the county of Lincoln in the state of North Carolina; that he left a widow whose name is Elizabeth Pendleton and that the pension certificate of said pensioner has been lost or mislaid
In Testimony whereof I have hereunto set my hand and affixed my seal of office at office this 22 day of Octr 1853
John A Huss cc cl
Page 13

Know all men by these presents that I Elizabeth Pendleton a resident of the county of Lincoln and state of No Carolina do hereby appoint James F Alexander Esq of Lincoln No Ca my true and lawful agent and attorney for me in my room and stead to ask and demand from the proper Constituted authorities of the United States to have my name placed upon the pension roll by virtue of the act of the 3rd Feby 1853 being the widow of Hiram Pendleton decd who was a pensioner on the Roll of the State of North Carolina hereby ratifying and confirming all that my said atty or agent may lawfully do in the premises
In testimony where of I have here unto subscribed my hand and seal
Elizabeth X Pendleton her mark  seal

In presence of V A McBee
John F Hill

State of North Carolina
Lincoln County} This day personally appeared before me Daniel Seagle a magistrate within and for the county of Lincoln No Ca Elizabeth Pendleton resident of the aforesaid county & state and acknowledged the foregoing power of Attorney to be her act and deed for the persons therein set forth Oct 22, 1853
Daniel Seagle J P 

State of No Carolina
Lincoln County} I John A Huss clk of the court of Pleas & Quarter Sessions certify that Daniel Seagle before whose the foregoing power of atty was acknowledged was at the time an acting Justice of the Peace for said county of Lincoln duly authorized by law to have acknowledgements made before him.  In testimony whereof I have hereunto subscribed my name & seal of office this 22 day of Octr 1853
John A Huss clk c court
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18542
Hiram Pendleton
NC
served for 2 years as a private pen $80
Col Armstrong
NC 

Vancy McBee clk
Linsoln Co
NC
Page 15

BRIEF in the case of Hiram Pendleton
County of Lincoln in the State of North Carolina
(Act 7th June, 1832.)
1.  Was the declaration made before a Court or Judge? Court

2.  If before a Judge, does it appear that the applicant is disabled by bodily infirmity?

3.  How old is he?

4.  State his service, as directed in the form annexed.

Perion / Duration of Service Years, Months, Days / Rank / Names of General and Field Officers under whon he served

drafted In 17 / 1 year 6 months / As a Private / Gen Lincoln Capt Bailey, Col Armstrong

Vol /  1 year 6 months / As a Private / Gen Lincoln Capt Bailey, Col Armstrong Capt Jonakin

he says he was taken prisoner by the tories & they took discharge from him

5.  In what battles was he engaged? Stono, skirmish with tories

6.  Where did he reside when he entered the service?  North Carolina

7.  In his statement supported by living witnesses, by documentary proof, by traditionary evidence, by incidental evidence, or by the rolls?  tradition

8.  Are the papers defective as to form or authentication? and if so, in what respect?  correct 

I certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
Chs W Forgest
Examining Clerk.
Page 16

155.054
ORIGINAL 
Bounty Land Claim
Act of March 3d, 1855

Mrs. Elizabeth Pendleton
Widow of Hiram Pendleton
Capt
Company 

FILED BY
JOHN M ROSE
Fayetteville, NC

Printed at the Argus Job Office, Fayetteville.
Page 17

FOR A WIDOW WHO HAS NEVER RECEIVED ANY BOUNTY LAND
State of North Carolina,
Lincoln County}
On this the 27th day of May one thousand eight hundred and fifty five personally appeared before me, a Justice of the Peace within and for the county and state aforesaid Elizabeth Pendleton, aged 77 years, a resident of Lincoln county in the state of North Carolina, who being duly sworn according to law, declares that she is the widow of Hiram Pendleton, deceased, who was a soldier in the [crossed out - Company commanded by Captain] Revolutionary War, in the .....Regiment of the cannot state the names of the officers [crossed out commanded] by  in the war of the Revolution with Great Brittan & the United States, that her said husband cannot say at cannot say on or about the , 18, for the term of  , and continued in actual service in the said war for the term of Eight years and now honorably discharged at near Charleston South Carolina on or about the close of the war
She further states that she was married to the said Hiram Pendleton in August 1818 on or about   by Daniel Lutz who was a Magistrate of Lincoln County N Carolina and that her name before her marriage was Elizabeth Smith and that her said husband died about 1833.
and that she is now a widow, and that no record of her marriage exists to her knowledge
She makes this Declaration for the purpose of obtaining the Bounty Land to which she may be entitled under the Act approved March 3, 1855.
Elizabeth X Pendleton her mark
[Sign your Name]
Page 19

State of North Carolina
Lincoln County}
On this the 27th day of May, 1855, personally came John W Hunt a resident of Lincoln County N Carolina and made oath that Hiram Pendleton who was the Husband of the aforesaid Elizabeth Pendleton died some twenty two years ago and that the said Elizabeth Pendleton is still a widow and further that he is a disinterested witness.
Joshua Pendleton
John X W Hunt his mark
[One Witness sign name.]

The foregoing affidavits of Daniel Lutz and John W Hunt sworn to before me the day and year above written; and I certify that they are credible persons, and that I have no interest in this claim, and am not engaged in its prosecution. 
J T Alexander JP 

State of North Carolina
Lincoln County}
I John Huss, clerk of the court of Pleas and Quarter Sessions of said County do certify that J T Alexander whose genuine signature appears to the foregoing Affidavits was at the time a Justice of the Peace in and for our said County, made that all his official acts and entitled to full credit. 
Given under my hand and seal of office, this 27th day of May 1855
J A Huss, Clerk
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To The Commissioner of Pensions Washington City D.C.

Nov 5 1853
[illegible] Elizabeth Pendleton
widow of Hiram
Lincoln Co

J T Alexander
Lincolnton
NC

[stamped]
LINCOLNTON
CT 31
NC
Page 21

Lincolnton N Carolina
Enclosed you will find the Declaration of the widow Elizabeth Pendleton who is the widow of Hiram Pendleton who as a pensioner of the United States but at what rate now one now recollects, as his certificate may have been returned when his last draw was made, or it may be lost or mislaid. I think the case will explain one
Yours Respectfully
J T Alexander
28 October 1853
Page 22

Dear sir, your note to me dated 11th Nov 1853 has been recd I understand from your note that Mrs Pendleton the widow of Hiram Pendleton has not stated the date of the old mans heath correctly that may be the case but I do not see how they can correct it as it is near 20 years since his death and the family all being iliterate and no account kept of the time when he died as we know of & I suppose no marks on his tombstone but that does not in the least in my opinion do away with the sustness of her case the agent that drew his pension papers who lived in this place is dead & we have no means of assertainty the exact time I have no doubt myself but that this claim is just and ought a be allowed
Yours Respectfully
J T Alexander
Mr Waldo
Page 23

BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of Hiram Pendleton which require further proof or explanation.

I.  Does the declaration show where the applicant resided?  Yes

II. Did the declarant make the declaration in the county where he resides?  Yes

III. If the applicant did not make the declaration in the county where he resided, is there any reason assigned for his not doing so?

IV.  Has the declarant mentioned the period or periods of the war when he served?  No

V.  *Has he mentioned with precision the length of his service, and the different grades in which he served, in language so definite as to enable the department to determine to what amount of pension he is entitled?  Yes

VI.  Has he given the names of the officers under whom he served, in conformity with the regulations?  Yes

VII.  Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832?  Yes

VIII. Has the Court given their opinion?  Yes

IX.  Has the Clerk given his certificate?  Yes

X.  Is the Clerk's seal affixed?  And if so, has it a device or inscription by which it can be distinguished from any other seal?  Yes
Page 24

2

XI Has the applicant obtained the evidence of a clergyman and another respectable citizen as to their belief respecting his age and the general belief in his neighborhood relative to his revolutionary service? yes

XII.  If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it?
XIII.  If the applicant has no documentary evidence, and has not obtained the testimony of at least one living witness, has he stated in his declaration that such proof cannot be had? yes
XIV.  If the applicant's name is not found on the rolls of military service, has he produced a witness or witnesses as to his service?
If he has produced direct proof as to service, has the magistrate who administered the oath, certified to the credibility of thw witness or witnesses?
Has the proper officer certified to the official character and signature of the magistrate as the regulations direct?
XV. Does it appear from any of th epapers that the witness was in such a situation, or of such an age, as to have a personal knowledge of the applicant's service?
XVI.  Are the papers authenticated as the regulations direct? yes
XVII.  Are the seven interrogatories prescribed by the War Department answered satisfactorily?  And, if not, which of them is not so answered?  yes

EXPLANATORY NOTES.

QUERE V.  In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who being duly sworn, deposeth and saith, that by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service, but according to the best of his recollection he served not less than the periods mentioned below, and in the following grades; For -- year -- months, and -- days, I served as a -- For -- months and -- days, I served as a -- ; and for such service I claim a pension.
Page 25

3

It is important in all cases to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service.  The use of the phrase about three or four months is too indefinite, and all such qualifying expressions are objectionable.  Some persons who apply for pensions merely state they served two years in the militia, &c. without specifying the tours; the names of the officers, and other particulars respecting their service.  This form of a declaration is highly objectionable.  It must in every case be clearly shewn under what officers the applicant served; 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 he was either in the field or in garrison; and for the time during which the service was performed he was not employed in any civil pursuit.
QUERE XIV. Proof of Service
In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses who are required to set forth in their affidavits the time of the claimants entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged.  The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
QUERE XVI.  Mode of authenticating papers. 
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other paper authenticated, the certificate must be attached therein 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.
In every case where the clerk of the court, or other certifying officer, has no public seal of office, the certificate of a member of congress, proving the official character and signature of the certifying officer, should accompany the papers.
Page 27

DEPARTMENT OF THE INTERIOR,
Pension Office, Official Business

Nov 5 1853
Elizabeth Pendleton
Widow of Hiram Pendleton
Lincoln Co
W C
Revy
Act of 3rd Feb 1853
Allowed $80 per an
to com Feb 3 1853

J T Alexander Esq
Lincolnton,
W C
Page 28

Dec 13/53
Pendleton
Wid
Hiram

Commissioner of 
Pensions
Washington City DC
Page 29

No 3583

Elizabeth Pendleton
widow of
Hiram Pendleton
Tes to J T Alexander Nov 11/53

Rev
Act 3rd Feby 1853
Page 30

Pension Office
Nov 9 1853
Sir,

Please certify the time to which the within names pensioner was paid; and if in your power, the date of his death
Very respectfully 
Your Obt servant
L P Waldo
Commissioner

F Burt Esq
3d auditor
Present}
Hiram Pendleton
Act 1832 $80 p an
Died 22d August 1833, Paid to his death
Saml S Rind
Acts Audits
Page 31

28.549

Rev act
Page 32

Revy WIDOW, &C.

File No 5517
Elizabeth Pendleton
Widow
Hiram Pendleton
Prvt Rev War
Act:  Feb 3d  1853

Index: Vol M, Page 120



[Arrangement of 1870.]
Page 33

W 155 OSH
Act 3 Mch /55
Elizabeth Pendleton
Rev War
28549
160
J M Rev
Atto
Fayetteville
MC
Page 34

Case No 155 054
Act 3d Mch /55
Fayetteville
May 12/56

Hon J Minot
The claim of Elizabeth Pendleton is suspended because the Revolutionary name of Hiram Pendleton is not of recent  I pressure you will now allow the claim under amended law

Jno M Rose
Page 35

Elizabeth Pendleton, widow of Hiram Pendleton aged 64
Lincoln County
Dec {married 10th Aug 1818
Died 6 Aug 1834

[illegible] affidavit of the Justice of the peacw who married the parties

Goodcase if dates agree
Auditor certified death 22 Aug 1833
wrote for true date
Page 36

To The Commissioner of 
Pensions Washington City
DC