Revolutionary War Pension and Bounty Land Warrant Application File S 39312, Peter Cherry, Penn.
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(3-1776)
SERVICE
Penn.
Cherry, Peter
NUMBER
S39312
S.C. Agency
CONTENTS
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Cherry, Peter
(A)
S-39312
Honorable John C. Calhoun
Secretary of War
Washington, D. of Ca.
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South Carolina
DISTRICT OF York, ss.
On this 23rd day of March 1819, before me, the subscriber, one of the Judges of the Court of General Sessions and common pleas for the said State, personally appeared Peter Cherry, aged sixty-six years, resident in York District, who, being by me first duly sworn, according to law, doth, on his oath, make the following declaration, in order to obtain the provision made by the late act of Congress, entitled "An act to provide for certain persons engaged in the land and naval service of the United States in the revolutionary war:" That he, the said Peter Cherry, enlisted for and during the war on the eleventh day of June in the year 1777 in York County in the State of Pennsylvania in the company commanded by Captain Andrew Porter of the Regiment commanded by Colonel John Lamb in the line of the State of Pennsylvania on the Continental Establishment; that he continued to serve in the said corps, or in the service of the United States, until the 9th day of January 1779, when he was discharged from service in Philadelphia, state of Pennsylvania, that he was in the battles of Brandywine and Germantown and that he is in reduced circumstances, and stands in need of the assistance of his country for support; and that he has no other evidence now in his power of his said services except the annexed discharge.
Peter Cherry
Sworn to and declared before me, the day and year aforesaid.
R. A. Garett, Presiding Judge of Union District Court for March Year 1819.
I, Richard Garett, Judge, &c. as aforesaid, do certify that it appears, to my satisfaction, that the said Peter Cherry did serve in the revolutionary war, as stated in the preceding declaration, against the common enemy, for the term of nine months at one time, on the continental establishment; and I now transmit the proceedings and testimony taken and had before me, to the Secretary for the Department of War, pursuant to the directions of the aforementioned act of Congress. I am also satisfied that he needs the assistance of his country for support. Given under my hand and the seal of the Court of Common pleas of Union District this 23rd March 1819.
Richard Garett
SEAL OF THE COURT.
[Stamp: The National Archives of the United States]
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16.415
South Carolina
Peter Cherry, of York district in the State of South Carolina, who was a Sergeant in the regiment commanded by Colonel Nicola, of the Pennsylvania line, for the term of 18 months, June 1777 to January 1779. 
Inscribed on the Roll of South Carolina, at the rate of 8 Dollars per month, to commence on the 23 of March, 1819.
Certificate of Pension issued the 31 of January, 1820 and sent to Honorable William Smith, Senator in Congress from South Carolina.
Arrears to 4th of Sep 1819 $43.39
Semi-annual allowance ending 4 March 1820 $48.00
5 months 9/31 and 4/30
$91.39
{Revolutionary claim, Act 18th March, 1818.}
Discontinued
Informed Feby 11, 1822 that he could not he restored.
Sent to Jos. Gist, Esq.
M.C.
[illegible] to the Hon. Wm. Smith, Senate
19 Dec 1820
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Peter Cherry
16.415
March 1820
Not entitled
Wm. Smith of the Senate
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State of South Carolina
York District, SS.
On this twenty fifth day of October one thousand eight hundred and twenty, personally appeared in open Court, being a Court of record having the power of fines and imprisonment, for the district of York, Peter Cherry, aged sixty seven years, resident in the district in the district aforesaid, who being first duly sworn according to law doth on his oath declare that he served in the Revolutionary War as follows in the Company commanded by Captain Andrew Porter in the Regiment commanded by Colonel John Lamb of the Artillery in the line of the State of Pennsylvania and has received a pension certificate from the War Department, No 16.415. 
And I do solemnly swear that I was a resident citizen of the United States on the eighteenth day of March, one thousand eight hundred and eighteen and that I have not since that time by gift, sale or any manner disposed of my property or any part thereof with intent thereby so to diminish it as to bring myself within the provisions of act of Congress entitled an Act to provide for certain persons engaged in the land and naval service of the United States in the Revolutionary War, passed on the eighteenth of March, One thousand eight hundred and eighteen and that I have not, nor has any person in trust
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for me my property or securities, contracts or debts due to me nor have I any income other than what is contained in the schedule hereto annexed and by me subscribed.
One Horse $50.00
8 head of cattle $73.00
4 Hogs $14.00
110 acres of Land mortgaged for about the sum of $600 $440.00
$577.00
That his family consists of himself and wife, aged about sixty-eight years, and so infirm as to be unable to contribute but little towards their support.
Peter Cherry
Sworn to and declared the 25th October 1820
David Johnson
Associate Judge
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I, John Starr Moore, Clerk of York District, State of South Carolina, do hereby certify that the foregoing oath and schedule thereto annexed are truly copied from the records of the said Court and I do further certify that it is the opinion of the said Court that the total amount in value of the property exhibited in the aforesaid schedule is five hundred and seventy-seven dollars and [blank] cents.
In testimony whereof, I have hereunto set my hand and affixed the seal of the said Court on this 25th day of October, One thousand eight hundred and twenty.
John S. Moore, Clerk
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Cherry, Peter
(Pa.)
S-39312
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Peter Cherry, Surgeon in the Invalid Regiment under my command is hereby discharged from the service of the United States. Philadelphia January 19th, 1779
Lewis Nicola, Col. Inv.
[Stamp: The National Archives of the United States]
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39312
Revy. INVALID.
File No. 39.312
Peter Cherry
Surgeon Rev War
Act: 18 March 1818
Index: - Vol. 8, Page 83
[Arrangement of 1870.]
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[Stamp: York. C.H. S.C. Apr 24]
J. L. Edwards, Esq.
War Department
Pension Office
Washington, Columbia
Rec. 26 May 1824
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South Carolina
York District, SS.
About two years ago, Mr. Peter Cherry of this district applied to me to prepare his papers relative to his claim as a pensioner of the United States. I did prepare them and as well as I recollect, forward them to the Department of War.
Amongst those papers I am inclined to think there was the certificate from the War Department that Mr. Cherry was enrolled on the Pension list.
W. R. Hill
Sworn to April 24, 1824, before me
John Henry, D.M. and Clerk of the Court
South Carolina
York District, SS.
Personally appeared Peter Cherry, before me, the subscribing  Justice of Peace in and for said District, and being duly sworn saith that his original certificate of his enrollment on the Pension roll of the South Carolina agency was transmitted as above stated to the War Department in order to obtain a restoration of his name to the Pension List and that it was not returned to him and that if it is not in the War Office, it must have been otherwise lost or destroyed as he has it not in his possession.
Peter Cherry
Sworn to and subscribed this 24th April 1824.
R. Davison, J.P.
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The State of South Carolina
York District, SS.
I, John Henry, Clerk of the Court of Common pleas for the District aforesaid, do hereby certify that Robert Davison, Esquire, whose name appears to the within affidavit, was at the time and now is an acting Justice of the peace for said district, and that all due faith and credit may and ought to be given to his official attestations.
Given under my hand and seal of Office this 24th day of April 1824.
John Henry, CCPS
Yorkville, South Carolina 24th April 1824
J.L. Edwards, Esq.
Sir,
At the time my Certificate of my name being restored to the Pension list roll of the South Carolina agency was transmitted by you to me, it was omitted to enclose also my Original Certificate which if in the war office, you will now please to send on directed to Capt. John Blair of this place, as the agent for paying pensions in Charleston was unwilling to pay my pension without a true copy of my Original Certificate being produced and in consequence of the vouchers not being all sent on [illegible] I first made application for a restoration to the list, I shall be under the necessity of losing about three years pension; if there is any remedy to be obtained, will you be good enough to mention it.
I am sir very respectfully,
Your obedient servant,
Peter Cherry
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Washington City December 15th 1821
Sir
Enclosed is the certificate of the Claim of Peter Cherry, whose claim I understand has been once considered and rejected on account of some land. I am informed that land was mortgaged and since the application, has been sold to satisfy the mortgage. Mr. Cherry is a very ignorant man as in the first Schedule forwarded to you, he might have stated the debts, which then existed against him and the circumstances [illegible] his land. In this certificate, his [illegible] is not [illegible] as he does not now own any, it being sold to satisfy the mortgage. I am satisfied from the character of Mr. Cherry that he is an honest man and requires the assistance of government for his support, and that the sale of his land has been a [illegible] one, for the
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payment of his debts. Any further burden that may be [illegible], please to inform me. As to the [illegible] sale of the land and mortgage, and the truth of the application.
I am, sir, your most obedient humble servant,
Jos. Gist
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Peter Cherry's Declaration
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Declaration
In order to be restored to the Pension List, under the act of the 1st March, 1823
District of York
State of South Carolina, SS.
On this eight day of July 1823, personally appeared in open Court, being a Court of record for the district aforesaid, Peter Cherry, late a private in the army of the Revolutionary war, and now a resident in said District, aged sixty nine years, who, being first duly sworn, according to law, doth, on his oath, make the following declaration, in order to obtain the provisions made by the acts of Congress, of the 18th March, 1818, and the first of May, 1820, that he, the said Peter Cherry, enlisted for the term of the duration of the war, in the month of June, 1777, in the State of Pennsylvania, in the company commanded by Captain Andrew Porter, in the regiment commanded by Colonel John Lamb of the artillery, in the line of the State of New York on the continental establishment, that he continued to serve in the said corps until the year 1779,(the month and day being inserted in his discharge and sent on with his first Schedule to the war office) when he was discharged from the said services in Philadelphia, in the State of Pennsylvania, that his name has been placed on the pension list, and dropped therefrom on account of his property.
And, in pursuance of the act of the 1st May 1820, I do solemnly declare and affirm that I was a resident citizen of the United States on the 18th day of March, 1818; and that I have not, since that time, by gift, sale, or in any manner, disposed of my property or any part thereof, with intent thereby so to diminish it as to bring myself within the provisions of an act of Congress, entitled "An act to provide for certain persons engaged in the land and naval services of the United States, in the Revolutionary war," passed on the 18th day of March, 1818, and that I have not, nor has any person in trust for me, any property, or securities, contracts, or debts due to me, nor have I any other income other than what is contained in the schedule hereto annexed and by me subscribed, viz:
One horse, two cows (1 Kiefer and 1 Yearling) and one calf, one Hog and four pigs, and two ploughs and gears, with some articles of household furniture and cook utensils amounting to $101.
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all appraised by two mean and sworn to by them in open court; I do also declare and affirm that I am now justly indebted to the estate of Jonathan Beatty $124.66, to Wm. Wright $52.42, to John Blair $24.50, to the estate of Robert McCaw $31.50 3/4, to Duncan McCallum $.10. and to Robert Patrick $.12., for all which the above property is justly liable so that it will be perceived that my property in now $154.08 3/4 worse than nothing. I work small pieces of land for the immediate support of myself and my wife aged sixty- nine year, which land I am suffered to occupy through the charity and benevolence of James Tate of the aforesaid District. My wife is the greater part of her time sick and therefore unable to assist me in our support, so that were it not for the charitable indulgence of my said creditors and the goodness of the said Tate, I should be at altogether unable to support myself and my aged wife.
That since the exhibition of my first Schedule, the following changes have been made in my property, viz:
To Benjamin Warren on the twenty sixth day of October 1821, for the sum of six hundred dollars, a tract of land containing one hundred and ten acres, and authenticated copy of the deed being herewith exhibited, which land was sold for the purpose of satisfying a mortgage which I had given to Solomon Hill and who had bound himself to pay a debt which your declarant was indebted for to the estate of Jonathan Beatty, deceased, to the amount of said land, an authenticated copy of which mortgage is herewith exhibited.
To James Keenan, since the exhibition of my first schedule I sold one cow for the sum of fifteen dollars which I received in leather and salt.
To Alexander Barnet, two cows for the sum of twenty dollars for the purpose of paying a debt which I owed to William Camp to that amount.
The remainder of my cattle and hogs not exhibited in last schedule were killed for the support of my family excepting a cow which died.
Peter Cherry
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South Carolina
York District, ss.
I, David Johnson one of the associate Judges of the said State, do hereby certify that the above-named Peter Cherry did this day personally [illegible] appear in open court and who did 
subscribe the foregoing declaration, and that I am fully satisfied on the examination of persons disinterested that the foregoing Schedule contains a correct account of all the property purported by the said Peter Cherry and adjudge it to be of the value of one hundred dollars. 
Sworn under my hand this 8th day of July A.D. 1823.
David Johnson
I, John Henry, Clerk of York District do hereby certify that it appears to the satisfaction of the Court that the said Peter Cherry did serve in the revolutionary war as stated in the preceding declaration against the common enemy for the term of two years under one engagement on the continental establishment. I also certify that the foregoing oath and the Schedule thereto annexed are truly copied from the records of the said Court. And I do hereby further certify that it is the
opinion of the said Court that the total amount in value of the property exhibited in the aforesaid schedule is one hundred dollars.
In testimony whereof, I have hereunto set my hand and affixed the Seal of the said Court on this eighth day of July 1823.
John Henry, Clerk of the Court of York District
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York Court House, South Carolina, 5th Jan 1821
Sir
Your favor under date of 19th Dec. 1820, has been received and it seems that my name is stricken from the pension list on account of the amount of my property.
I think surely a misconstruction has been placed on my schedule.
It will be found that I own a tract of 110 acres of land worth $4 per acre and $137 of personal property. It will also be found that my land is now under Mortgage to secure the payment of a debt of $600, which will more than consume the land. I certainly have no other means of paying this debt but the sale of my lands, which will leave "me poor indeed." I do therefore hope the Secretary of State will review the order he has made (if [illegible]) and restore my name to the pension list. Please inform what has been done.
Your obedient servant,
Peter Cherry
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John Henry, [illegible]
Office of [illegible] Conveyance
30th June AD 1823
Peter Cherry
To
Solomon Hill
Copy of a Mortgage
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Peter Cherry [Seal]
Solomon Hill [Seal]
Sealed and delivered in presence of
Thos. Campbell
Ro. Hill
South Carolina
York District, ss.
Personally came Thomas Campbell before me, who being duly sworn made oath that he saw Peter Cherry sign, seal and deliver the within Deed unto Solomon Hill for the uses therein mentioned and Robert Hill was a subscribing witness with this deponent. Before me May 19th, 1820
Thomas Campbell
Elias Robertson, J. P.
South Carolina
York District
I, John Henry, Register of [illegible] Conveyance for the District aforesaid, do hereby certify that the within is a true copy taken from the Record in this Office, Book J. No 63 and Pages 65 and 66.
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South Carolina, York District
This Indenture made the fifth day of April in the year of our Lord one thousand eight hundred and twenty between Peter Cherry of York District and State aforesaid of the one part and Solomon Hill of District aforesaid of the other part,
Witnesseth that whereas Peter Cherry stands indebted to the said Solomon Hill the sum of six hundred and forty dollars six cents by a certain bond or obligation duly executed bearing even date with these presents, conditioned for the payment of the sum of Six hundred and forty dollars and six cents with lawful Interest thereon from the date. Now this Indenture Witnesseth that the said Peter Cherry, for and in consideration of the said debt or sum payable as aforesaid to the said Solomon Hill, and for the better securing the payment thereof to the said Solomon Hill according to the Bond aforesaid and also in consideration of the sum of one dollar by him the said Solomon Hill to the said Peter Cherry in hand paid at and before the sealing and delivery of these presents Doth grant bargain sell and a lien release, convey and confirm unto the said Solomon Hill and to his heirs and assigns forever, all that tract or parcel of land whereon he now dwells, containing by estimation one hundred and ten acres, be the same more or less situate lying and being in the District aforesaid, on the South Side of Allison Creek, and joining lands of John Pattinson, beginning at a Spanish Oak joining John Spencer's land and running No. 90 poles to a stake thence No. 30 E. 170 poles to the Creek thence up the sundry courses of the Creek to Patterson's line, thence along said line So. 35 W. 270 poles to a hickory Clarkson & Campbell's Corner, thence So. 30 E. 24 poles to a black oak, thence to the Beginning, together with all and singular the rights, members and Appurtenances thereto belonging or in any wise appertaining and the reversion and revisions, remainder and remainders rents issues and profits thereof to have and to Hold the said tract or parcel of land with the appurtenances unto the said Solomon Hill, his heirs and assigns forever. Provided always and nevertheless and it is the true intent and meaning of the parties to these presents that if the said Peter Cherry, his heirs, executors or administrators, shall well and truly pay or cause to be paid unto the said Solomon Hill the sum of six hundred and forty dollars and six cents according to the bond or obligation above mentioned, then and from thenceforth
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joining John Spencer's land and running No. 90 poles to a stake thence No. 30 at 170 poles to the Creek thence up the sundry courses of the Creek to Patterson's line, thence along said line So. 35 at 270 poles to a Hickory Clarkson & Campbell's Corner, thence So. 30 at 24 poles to a black Oak, thence to the Beginning. Together with all and singular the rights, members and Appurtenances thereto belonging or in any wise appertaining and the reversion and revisions, remainder and remainders rents issues and profits thereof to have and to Hold the said tract or parcel of land with the appurtenances unto the said Solomon Hill, his heirs and assigns forever. Provided also nevertheless and it is the true intent and meaning of the parties to these presents that if the said Peter Cherry, his heirs, executors or administrators, shall well and truly pay or cause to be paid unto the said Solomon Hill the sum of six hundred and forty dollars and six cents according to the bond or allegation above mentioned, then and from thenceforth these presents shall be utterly null and void anything herein contained to the contrary thereof in anymore notwithstanding. And it is [illegible] and agreed upon by and between the parties to these presents that until default shall be made in payment of the aforesaid sum as before set forth and the interest for the same, it shall and may be lawful to [illegible] the said Peter Cherry peaceably and quietly to hold and occupy, possess and enjoy all and singular the premises above granted and released and any part thereof with the appurtenances and to have, receive and take the rents, issues and profits thereof to his own particular use and behoof anything therein contained to the contrary thereof in any one notwithstanding.
In witness whereof, the said parties to these presents have hereunto set their hands and seals the day and year above written.
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Peter Cherry
to
Benjamin Warren
Copy of a Deed of Conveyance
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The State of South Carolina
Know all men by these presents that I, Peter Cherry of York District, in the State aforesaid, in consideration of six hundred dollars to me paid by Benjamin Warren, in the State aforesaid, have granted, bargained sold and declared by these presents to grant, bargain, sell and release unto the said Benjamin Warren all that track or parcel of land situate lying and being in the District and State aforesaid on the South side of Allison's Creek joining land with John Patterson beginning at a Spanish Oak joining John Spencer's land and running North 90 poles to a stake thence No. 30 E. 170 poles to the creek, thence up the Sundry courses of the creek to Patterson's Line, thence along Patton's line So. 35 W 270 poles to Hickery, Patterson & Campbell's Corner, thence So. 30 E 24 poles to a black oak, thence to the beginning, containing One Hundred and Ten acres, be same more or less.
Together with all and singular the Rights, Members, Hereditaments and appurtenances to the said premises belonging or in any wise incident or appertaining. To Have and To Hold all and singular the premises before mentioned unto the said Benjamin Warren, his Heirs and assigns, forever and I do hereby bind myself, my Heirs, Executors and administrators to warrant and forever defend all and singular the said premises unto the said Benjamin Warren, his heirs and assigns against myself and my Heirs and against every other persons lawfully claiming or to claim the same or any part thereof.
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Signed, Sealed and delivered in the presence of Jonathan F. Hopkins, Jonathan Blair
Witness my hand and seal this twenty Sixth Day of October in the year of our Lord one thousand Eight hundred and twenty-one and in the forty sixth year of the Independence of the United States of America.
Peter Cherry [Seal]
State of South Carolina
York District
Personally appeared before me, John Blair, and made oath that he saw Peter Cherry sign, seal and deliver the above conveyance, for the uses and purposes therein mentioned, and that he, with John Hopkins, in the presence of each other, witnessed the due execution thereof.
John Blair
Sworn to before me, this 26th day of Oct. 1826
Solomon Hill, J.W. [Seal]
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The State of South Carolina
York District, ss.
I, John Henry, Clerk of the Court and Register of Mesne Conveyance for the District aforesaid, do hereby certify that the within is a true copy taken from the original Recorded in this Office Book H, No 82 and pages
62 and 63.
John Henry
C.C.R.M.C.
Office of Mesne Conveyance
8th July 1823
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December 25th, 1819
Sir,
Enclosed is a certificate of a revolutionary which was rejected last year for want of form. It is now [illegible] according to your printed
instructions.
I am with great regard,
Your obedient servant,
Wm. Smith
J.C. Calhoun, Secretary of War
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Paid to Wm. Campbell - The remainder of Cattle consumed in family (authenticated copy of Deed given)
His age 69; Wife, 69; infirm
States that through charity he is permitted to cultivate a small piece
of land for the support of himself and wife.
Pensioner
Care of Jno. Blair, Esq.
Merchant, Yorkville, S.C.
Restored 8 Sept. 1823.
March 1820.
The original certificate of pension in this case was sent to W.R. Hill, York Ct. Ho. S.C., 8th May 1824
South Carolina
Peter Cherry, Surgeon, served 18 Mos from June 1777
1st Sched. dated Oct 182
Real Estate $440
Personal $137
Total $577.00
(Real Estate mortgaged for $600)
Sched: under act Mar 1823, dated 8 July 1823
Personal Property $100 - still indebted to sundry persons $255.08, their names and amounts to each given.
Accounts for the decrease of property &c.
By sale of Real Estate Oct. 26th, 1821, to Benjamin Warren for $600, the amount for which it was mortgaged and paid it to the Estate of Jno. Beatty - 1 cow sold to J. Reeman for $15, received leather and salt. 2 cows to A. Barnet for $20. 
(over)
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16,415
South Carolina
Peter Cherry of York District in the State of South Carolina who was a sergeant in the Regiment commanded by Colonel Nicola of the Pennsylvania line, for the term of 18 months Jun 1877 to January 1879.
Inscribed on the Roll of South Carolina at the rate of 8 Dollars per month, to commence on the 23 of March 1819.
Certificate of Pension issued the 31 of January 1820 and sent to Hon. Wm. Smith, Senate U.S.
Arrears to 4th of Sept 1819: $43.39
Semi-annual allowance ending 4 Mar. 1820 $48.00
$91.39
5 months
9/31 & 4/30
{Revolutionary claim, Act 18th March, 1818.}
Discontinued
Informed 11th Feb 1822 that he could not be restored. Letter sent to Hon. W. Gent.
See letter to Hon. W. Gent. 10 April 1822.
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York District 12th July 1823
Honorable J.C. Calhoun
Sir,
In conformity with the blank form which you had the goodness to transmit to the Honorable Joseph Gist for my guidance in making out new papers in order to authorize you to restore my name to the list of pensioners, I herewith transmit you all the vouchers which I could procure in addition to those already in the war office, which I hope will be found sufficient to support my claim to a restoration to the pension roll under the provision of the act of Congress of the 18th March 1818 and the 1st May 1820.
I intreat therefore that as soon as my papers can be examined, you will have the additional goodness to transmit my certificate directed to the care of John Henry, Esq., Clerk of the court of York District, or to Capt. Jonathan Blair, Merchant, Yorkville, SC.
Yours very respectfully,
Peter Cherry
I do hereby certify that the aforesaid Peter Cherry was indebted to Capt. Jonathan Beatty by note of hand for the sum of $564.34 3/4, due 2nd May 1818, that after the said Beatty's decease, he offered his tract of land specified in the enclosed mortgage to the executor of said Beatty in payment of said note, being there the only made he had of payment, which the executor refused, but which Solomon Hill,  Esq., took as mortgage of to indemnify him for going security for the payment of said debt, that he afterwards sold said land [illegible] Benjamin Warren for $600. as specified in the mortgage and Deed conveyance herein enclosed, which after calculating the interest to the present time, leaves a balance due on said note of $124.66, as stated in his schedule.
John Blair (acting Executor) of the estate of Jonathan Beatty, deceased
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The State of South Carolina
York District, ss.
I, John Henry, Clerk of the Court and Register of Mesne conveyance
for York District, do hereby certify that the within is a true copy taken from the Original Records of this office and is recorded in Record Book I Pages 65, 66 and 67.
Recorded 17th July 1820
Given under my hand and seal of Office
Office of Mesne Conveyance
November 25th, 1821
John Henry, Clerk, R.M.C.
NB Peter Cherry lives in York District, SC, and not in Union District as I have understood Judge Huger has represented.
John Henry
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peaceably and quietly to hold, use, occupy, possess and enjoy all and singular the premises above granted and released and every part thereof with the appurtenances and to have, receive and take the rents, issues and profits thereof to his own particular use and behoof any therein contained to the contrary thereof in any wise notwithstanding.
In witness whereof, the said parties to these presents have hereunto set their hands and seals the day and year above written.
Peter Cherry [Seal]
Solomon Hill [Seal]
Sealed and delivered in the presence of
Thos. Campbell
Ro. Hill
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South Carolina York District

   This indenture made the fifth day of April in the year of our Lord one thousand eight hundred & twenty between Peter Cherry of York District and state aforesaid of the one part and Soloman Hill of district aforesaid of the other part witnesseth whereas Peter Cherry stands indebted to the said Soloman Hill the sum of six hundred & forty dollars six cents by a certain bond or obligation duly executed bearing this date with these presents conditioned for the payment of six hundred dollars & forty dollars and six cents with lawful interest there as from the date.  Now this indenture witnesseth that the said Peter Cherry for & in consideration of the said debt or sum payable as aforesaid to the said Soloman Hill and for the better securing the payment & thereof to the said Soloman Hill according to the bond aforesaid and also in consideration of the sum of one dollar by him the said Soloman Hill to the said Peter Cherry in hand paid at and before the sealing and delivery of these presents doth grant bargain sell alien release(...mory) & confirm unto the said Soloman Hill and to his heirs & assigns all that tract or parcel of land whereon he now dwells containing by estimation one hundred and ten acres be the same more or less situate lying & being in the District & State aforesaid on the south side of Alleson's Creek adjoining land of John Patterson, beginning at a swamp oak joining John Spencer's land and running W. 90 poles to a stake.  Thence to No. 30.E 170 poles to the creek. Thence up the Sundry corner of the creek to Patterson's line. Thence along said line So. 35 W 270 poles to a hickory.  Patterson's & Cambell's corner thence So. 30 E. 24 poles to a black oak, thence to the beginning.  Together with all and singular the rights members and assistances there be belonging or on any wise ascertaining and the revision or (??) remainder & remainder (??) issues (??) there of have & (next page)
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....same more or less situate lying & being in the District and state aforesaid on the south side of Allison's Creek adjoining land of John Patterson.  Beginning at a swamp oak joining John Spencer's land and running W. 90 poles to a stake, thence No. 30 E 170 poles to the creek, thence up the Sundry (corner) of the creek to Patterson's line, thence along said line So. 35 W. 270 poles to a hickory, Patterson's & Campell's corner, thence So. 30 E. 24 poles to a black oak, thence to the beginning. Together will all and singular the right members and assistance there to belonging or in any wise ascertaining and the revision to (??) remainder & remainder (??) issues & (??) thereof he have & to hold the said tract or parcel of land in with the (??) and unto the said Solomon Hill his heirs and assignees forever. Provided always nevertheless and it is the true intent and meaning of the parley to these presents that if the said Peter Cherry his heirs executes or amend to alter shall will &  truly pay or cause to be paid unto the said Soloman Hill the sum of six hundred and forty dollars &  six cents according the Bond or obligations above mentioned then & rom thence forth these presents shall be utterly null & void any thing herein contained to the contrary thereof in any wise.  No truth standing and it is (covenanted) and agreed upon by & believed the parties to these presents that until default shall be made in payment of the aforesaid sum as before set forth and the interest for the same. It shall & may be lawful to and for the said Peter Cherry.
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State of South Carolina
York District} ss

   On the twenty seventh day of October one thousand eight hundred and twenty one personally appeared in open court being a court of record having the power of fine and imprisonment for the district of York, Peter Cherry aged sixty eight years & according to law resident in the said District in the state aforesaid who being first duly sworn according to law doth on his oath declare that he served in the Revolutionary War as follows, to wit- in the company commanded by Captain Andrew Porter in the regiment commanded by Colonel John Lamb of the artillery in the line of the state of Pennsylvania and has received a pension certificate from the War Department No. 16.415. And I do solemnly swear that I was a resident citizen of the United States on the 18th day of March 1818. and that I have not since that time by gift sale or otherwise or in any manner disposed of my property or any part thereof with the intent thereby so to diminish it as to bring myself within the provisions of an act of Congress entitled "An Act to provide for certain persons engaged in the land naval service of the United States in the Revolutionary War" passed on the eighteenth day of March one thousand eight hundred and eighteen and that I have not had any person in trust for me any property or securities contracts or debts due to me nor have I any income other than what is contained in the schedule hereunto annexed and by me subscribed.
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Schedule

1 Horse                      50
4 Head of Cattle        36
6 Hogs                       18
Household Furniture  20
                                 124
Debt Against me      200

That his family consists of himself & wife aged about sixty nine years & so infirmed as to be unable to contribute but a little towards their support.

                                           //s//
                                    Peter Cherry
Sworn and subscribed
this 27th day of October
1826.


John Henry CCPS

October term 1821 - Union District

I do hereby certify that the above declaration & schedule have been sworn to this day in open court and I believe the same to be true.
                                   //s//
                             Daniel E. Myer
                              Judge of the Court
                              in South Carolina
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South Carolina, York District
This Indenture made the fifth day of April in the year of our Lord one thousand eight hundred and twenty between Peter Cherry of York District and State aforesaid of the one part and Solomon Hill of District aforesaid of the other part,
Witnesseth that whereas Peter Cherry stands indebted to the said Solomon Hill the sum of six hundred and forty dollars six cents by a certain bond or obligation duly executed bearing even date with these presents, conditioned for the payment of the sum of Six hundred and forty dollars and six cents with lawful Interest thereon from the date. Now this Indenture Witnesseth that the said Peter Cherry, for and in consideration of the said debt or sum payable as aforesaid to the said Solomon Hill, and for the better securing the payment thereof to the said Solomon Hill according to the Bond aforesaid and also in consideration of the sum of one dollar by him the said Solomon Hill to the said Peter Cherry in hand paid at and before the sealing and delivery of these presents Doth grant bargain sell and a lien release, convey and confirm unto the said Solomon Hill and to his heirs and assigns forever, all that tract or parcel of land whereon he now dwells, containing by estimation one hundred and ten acres, be the same more or less situate lying and being in the District aforesaid, on the South Side of Allison Creek, and joining lands of John Pattinson, beginning at a Spanish Oak joining John Spencer's land and running No. 90 poles to a stake thence No. 30 E. 170 poles to the Creek thence up the sundry courses of the Creek to Patterson's line, thence along said line So. 35 W. 270 poles to a hickory Clarkson & Campbell's Corner, thence So. 30 E. 24 poles to a black oak, thence to the Beginning, together with all and singular the rights, members and Appurtenances thereto belonging or in any wise appertaining and the reversion and revisions, remainder and remainders rents issues and profits thereof to have and to Hold the said tract or parcel of land with the appurtenances unto the said Solomon Hill, his heirs and assigns forever. Provided always and nevertheless and it is the true intent and meaning of the parties to these presents that if the said Peter Cherry, his heirs, executors or administrators, shall well and truly pay or cause to be paid unto the said Solomon Hill the sum of six hundred and forty dollars and six cents according to the bond or obligation above mentioned, then and from thenceforth these presents shall be utterly null and void anything herein contained to the contrary thereof in any wise notwithstanding, And its covenants and agreed upon by and between the parties of these presents that
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Campbell's Corner, thence So. 30 E. 24 poles to a black Oak, thence to the Beginning. Together with all and singular the rights, members and Appurtenances thereto belonging or in any wise appertaining and the reversion and revisions, remainder and remainders rents issues and profits thereof to have and to Hold the said tract or parcel of land with the appurtenances unto the said Solomon Hill, his heirs and assigns forever. Provided also nevertheless and it is the true intent and meaning of the parties to these presents that if the said Peter Cherry, his heirs, executors or administrators, shall well and truly pay or cause to be paid unto the said Solomon Hill the sum of six hundred and forty dollars and six cents according to the bond or obligation above mentioned, then and from thenceforth these presents shall be utterly null and void anything herein contained to the contrary thereof in any wise notwithstanding. And its covenants and agreed upon by and between the parties to these presents that until default shall be made in payment of the aforesaid sum as before set forth and the interest for the same, it shall and may be lawful to and for the said Peter Cherry peaceably and quietly to hold, use and occupy, possess and enjoy all and singular the premises above granted and released and any part thereof with the appurtenances and to have, receive and take the rents, issues and profits thereof to his own particular use and behoof anything therein contained to the contrary thereof notwithstanding.
In witness whereof, the said parties to these presents have hereunto set their hands and seals the day and year above written.
Peter Cherry [Seal]
Solomon Hill [Seal]
Sealed and delivered in presence of
Thos. Campbell, Ro. Hill
South Carolina, York District. Personally came Thomas Campbell, before me, who being duly sworn made oath that he, said Peter Cherry, sign seal and [illegible] the within deed unto Solomon Hill for the purposes therein mentioned, and Robert Hill was a subscribing witness with this deponent.
Thos. Campbell
Before me, May 19th, 1820, Elias Robertson, J.P.
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Peter Cherry
to
Solomon Hill
Copy of mortgage
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South Carolina
York District, ss.
I, John Henry, Register of Mesne Conveyances for the District aforesaid, do hereby certify that the within is a copy of a Mortgage with the probate thereof from Peter Cherry to Solomon Hill as the same is recorded in my Office Book I. No 63. page 65. 15th day of February 1822
John Henry R.M.C.
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State of South Carolina
York District, ss.
Personally came the above named Peter Cherry before me, the subscribing Justice, and being duly sworn made oath that at the time of rendering in his first Schedule, he was justly indebted to the Executor of Jonathan Beatty, deceased, in the sum of Six hundred and forty dollars and Eleven cents, with interest thereon, which said debt was mentioned in his Schedule: that in order to secure the payment of the said sum and at the urgent request of the said Executors, this deponent prevailed upon the above-named Solomon Hill to become security for the payment of the said sum. That for the purpose of indemnifying and saving harmless the said Solomon Hill for his security-ship, this deponent made a mortgage to the said Solomon Hill of the same tract of Land mentioned in his Schedule first rendered. And the deponent saith that at the time of rendering his first Schedule, he did not own or possess any other tract of land than the one so mortgaged, nor has he since owned any other. The deponent further saith that since rendering in his first schedule, the above-mentioned tract of land has been sold for the express purpose satisfying the said debt due to the said Executors of which said land this deponent is shortly to give possession to the purchaser therefrom. That the sale of the said land was made on the twenty sixth day of October in the year of Eighteen hundred and twenty-one for the sum of Six hundred dollars. That after the sale of the said land, there still remains of principal and interest of the said debt, the sum of One hundred and eleven dollars for which this deponent and the said Solomon Hill still stand bound. The deponent further saith that after rendering in his first schedule and the same had been transmitted to the Department of War, he received notice from the said Department that his claim was rejected, that being unable to account for the
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debt due to the said Executors of which said land this deponent is shortly to give possession to the purchaser therefrom. That the sale of the said land was made on the twenty sixth day of October in the year of Eighteen hundred and twenty-one for the sum of Six hundred dollars. That after the sale of the said land, there still remains of principal and interest of the said debt, the sum of One hundred and eleven dollars for which this deponent and the said Solomon Hill still stand bound. The deponent further saith that after rendering in his first schedule and the same had been transmitted to the Department of War, he received notice from the said Department that his claim was rejected, that being unable to account for the rejection of his claim, he examined his schedule as recorded in the Clerk's office of this District and found on examination that the tract of land there mentioned was not charged with the incumbrance and that through some mistake, the said mortgage was not noticed in the schedule as being an incumbrance on the said land. That this deponent, being satisfied of the justice of his claim after the sale of the said land, rendered in a second schedule to the Court of Common pleas. October Term 1821. To the end that the Secretary at War might more clearly under
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the Schedule first rendered, in which last schedule no notice of the said land because the same was then sold. This deponent further saith that it was through mistake and ignorance that the said mortgage was not mentioned as the first schedule as being an incumbrance on the said land.
Peter Cherry
Sworn to an subscribed this 6th day of February AD. 1822
interlined before signing
Before me 
Elias Robertson, J.P. [Seal]
South Carolina
York District, ss.
Personally came Solomon Hill before me and made oath that Peter Cherry was, as this deponent was informed and believes, indebted to the Executor of Jonathan Beatty, deceased, in the sum of Six hundred and forty dollars and eleven cents with interest, that the deponent was prevailed upon by the said Peter Cherry to become security for the payment of the said sum, that in order to indemnify himself, he took a mortgage of the tract of land on which the said Peter Cherry then resided and still resides, the same mentioned in the Schedule of the said Peter Cherry, that the said land has lately been sold for the sum of six hundred dollars and for the express purpose of satisfying the said debt due to the said Executors. This deponent has read the above affidavit of the said Peter Cherry and believes all the facts there set forth, particularly that the said Peter Cherry and his deponent are now jointly bound to the said Executors for the sum of One hundred and eleven dollars, the balance due after the sale of the said land. 
Solomon Hill
Sworn to and subscribed this 6th day of February A.D. 1822
Before me
Elias Robertson, J.P.
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South Carolina
York District, ss.
Personally came John Blair, one of the Executors of the last will and testament of Jonathan Beatty, deceased, before me and made oath that Peter Cherry, at the time of rendering in the first Schedule, was indebted to the Executors of the said Jonathan Beatty, deceased, in the sum of Six hundred and forty dollars and seven cents, that the said Peter Cherry, by the sale of his land, has reduced the said debt to the sum of one hundred and eleven dollars, for which sum the said Peter Cherry and Solomon Hill now stand bound to the said Executors.
John Blair (Executor)
Sworn to and subscribed this 9th day of February 1822
Before me
Page 48

John Henry, C.C. [illegible]
State of South Carolina
York District, ss.
I, John Henry, Clerk of the Court of General Sessions and Common Pleas for the District aforesaid, do hereby certify that Elias Robertson, Esquire, whose name appears to the annexed affidavits, is and was at the time of signing the same an acting Justice of the Peace for the District of York aforesaid and that full faith and credit are due and ought to be given to all his attestations as such. Given under my hand and seal of the said court at Office this ninth day of February in the year of our Lord one thousand eight hundred and twenty-two and in the forty sixth year of American Independence.
John Henry