Revolutionary War Pension and Bounty Land Warrant Application File R. 4410, Austin Hackworth, Va.
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Va. 
Hackworth, Austin
R. 4410.
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State of Tennessee
Marion County 
S. S

On the 21st day of November 1832 personally 
appeared in open court before the Justices of the 
Court of pleas and quarter session, now sitting 
for said County, at the Court house in the Town of 
Jasper, Austin Hackworth a resident in the County 
and State afforesaid aged about Eighty six 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 act of Congress, passed
June 7th 1832. 

That he entered the service of the United States under
the following named officers and served as herein stated,
viz, that on the   day of June 1774, in the County of
Bedford and State of Virginia he was drafted as a private
to serve a three month tour of duty, and served under 
Captain Thomas Bluford , 1st Lieutenant Edward Golman,
2nd Lieutenant Thomas Doolin and Ensign Jonathan
Conduff, against the Shawnee Indians. 

That he was marched under said officers from Bedford 
County to Roanock in Botetourt County, va. when they 
joined the main army commanded by Genl. Lewis, Col.
Fields and Lewis (that he has forgotten the names of the 
other field officers belonging to said army  that he was 
marched with the army from there to the levels of 
Greenbriar va. when they were reinforced by Col. Christies 
Regt. and there remained about six weeks and was again  
marched to the mouth of Kanhaway [Kanawha] River at which place
they had been encamped about two weeks, when on the 
10th of Oct 1774 they were attacked by and had a severe
engagement with the Shawnee Indians, in which Battle this 
applicant fought. 

That he with the army remained there about two weeks, 
after the Battle had been fought having served in said troops 
as a volunteer in the company in which he started, about one
month after the time for which he was drafted had expired, 
and then returned home and was discharged (as well he 
recollects) by Lieu Doolin, his Captain having been killed in 
Battle, which discharge he has lost.

That this applicant afterwards removed from  the state of 
Virginia to Greene County N.C. (now Tenn.) when in the month 
of August 1789 as well as he recollects he was again drafted to
serve a three month tour of duty in the company commanded 
by Captain James Moore and Ensign Samuel Hall (the name of 
the Lieut he as forgotten) That he
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was marched in the company under Capt.Moore
from Greene County to Campbell station on 
Halston River, where they joined the Regiment 
commanded by Col Joseph Martin and Major 
John Crawford that this applicant was marched 
with the Regt. from there across Halston River by
Telico Plains and to the Lookout mountain in the
Cherokee Nation where they had an engagement 
with the Indians, in which this applicant fought,
and from there shortly returned home and was 
discharged  by Capt Moore, having served the term 
for which he was drafted.

that during this last service he was not attached to
any troops except Col. Martins Regt. nor was he
during other tour of service, with any Regular troop.
This applicant states that he has lost his discharge
that he has no documentary evidence, and that he
know of no person whose testimony he can procure
who can testify to his service - 

That he was born in Caroline County, Va in the year
1746, (the month he does not recollect). That he had 
a Record of his age, but it has been destroyed he 
knows not how. That he was living in the County of 
Bedford, Va when drafted to serve the first, and in 
Greene County (now Tenn.) when drafted to serve the 
last tour of duty. That since Bedford County, Va. he 
removed to Botetount County, Va, where he lived about 
six years, from there he removed to Greene County 
(now Tenn.) where he lived but a few months; from  
there he removed to Burncomb County NC where he lived
one year, from there he removed to Greene County 
(NC now Tenn) again where he lived one year from there 
he removed to Knox (now Anderson) County, Ten. where
he lived about thirty three years, and from there he 
removed to Marion County Ten. where he now lives.

That he was drafted to serve each tour of duty, and was 
never a substitute. That he never served with any regular
troops, and consequently cannot refer to the names of any 
regular officers, nor can he recollect the names of any 
other militia officers with whom he served except such as
have been already named.  That he was Regularly discharged
from each tour of duty from the first by Lieu. Doolin (as well 
as he can remember ) in the month of November 1774 and from
this second by Capt. Jamaes Moore, in the month of November
1789, and that his discharge are lost or so mislaid that he cannot
find them. 

This applicant states that he is acquainted with the following 
gentlemen of his neighborhood some of who, can testify as to
his character of veracity and good conduct that is to say, 
Amos Griffith, Squire Hendrix, Luke
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Hendrix and Isaac Hicks Esquire, Major 
Henry Tatum, Solomon Hargis, and Revd. 
Michael Burkhalter.

He here by relinquishes any 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.
Austin Hackworth [illegible] [his mark] X
Sworn to and subscribed the day and year 
afforesaid.
Wm J. Standefer Clk

I Richard Burkhalter a clergyman residing in
the County of Marion and state of Tennessee 
and Luke Hendrix Residing in the same county 
and state hereby certify that we are well
acquainted with Austin Hackworth who has 
subscribed and sworn to the above declaration 
that we believe him to be 86 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 that opinion.
Michael Burkhalter.
Sworn to and subscribed the day & year afforesaid.
Luke Hendrix  
Wm J Standefer Dep. Clerk

And the said Court do hereby declare their opinion
after the investigation of the matter and after putting
the interrogatories prescribed by the War department
that the above named applicant was a Revolutionary 
soldier and served as he states. And the Court further 
certifies that it appears to them that Michael Burkhalter 
who has signed the preceding certificate is a clergyman 
residing in the county of Marion and state of Tennessee
and that Luke Hendrix - who has also signed  the same 
is a resident in the same county and State and is a credible 
person and that this statement is entitled to credit.
Joihn Mitchell
D. Rankin
J H Robertz 
Justices of said Court
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State of Tennessee Sct

[handwritten seal]

I John Kelly Clerk of the court of pleas and 
quarters sessions of Marion County do hereby 
certify that the foregoing contains the original
proceedings of the said court in the matter 
of the application of Austin Hackworth for a 
pension - In testimony whereof I have hereunto
set my hand and private seal (not having an 
official seal of office in Jasper this 22nd day
of November 1832).
Jno Kelly, Clerk
B. Wm J Standefer Dep. Clk

I certify that the foregoing certificate is in the 
the proper hand writing of Wm J Standefer, who
is known to me to be deputy clerk for John Kelly
the clerk, and furthermore that there is no public 
seal of office for said County.
Dec 28th 1832
J Standefer MC
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State of Alabama Morgan County

On this 24th day of October AD. 1852
personally appeared before me a Justice 
of the Peace within and for the County &
State aforesaid Nickademus Hackworth 
aged 73  years s resident of Morgan County 
in the State of Alabama who being duly Sworn
according to law declares that he is the Son
of Augustus Austin Hackworth who was a 
private in the Revolutionary War under -----
Blueford General of the Brigade and that he
has forgotten the captain the company and 
the Regiment in which his said father mustered 
in. 

That his said father went from the state of 
Virginia about the year 1779 or 1780. and that
he continued in actual service until the 
termination of said war with Great Britain. and
that he was honorably discharged. but through 
lapse of time his discharge has been misplaced
or wornout and that he forgets the time and place 
of his discharge all of which will more fully appear 
by reference to the records then Kept of all muster 
rolls, &c. 

The said Nickademus Hackworth further states that 
his said father is now dead that he died about the 
year 1846 or 7. That he never received any pension 
for his service in the Revolutionary War at or before 
the time of his death. 

That his said father died leaving four Children towit 
Autin Hackworth and Samuel Hackworth and Ruth 
Hackworth and affiant Nickademus Hackworth all
of whom are now alive and of full age towit the age 
of 21 years.

He makes this Declaration for the purpose
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of obtaining the amount of pensions which 
his father may have been entitled under the
act entitled an act granting pensions to the
children &c of all Revolutionary  soldiers
who had not recieved the same during their
lives &c.

Sworn to and Subscribed before me the day 
& year above written, And I hereby certify 
that I believe the said Nickademus Hackworth 
to be the son of Augustus Austin Hackworth
who served as aforesaid and that he is of the 
age above stated
N Hackworth 
C. A. Welch
a Justice of the Peace as aforesaid

The State of Alabama
Morgan County
I Seaton J Wilkinson Judge of the Court of 
Probate of the County & State aforesaid and by
virtue of said office clerk of said Court hereby 
certify that C A Welch whose name appears to the 
above & foregoing affidavit is and was at the time 
of signing the same an acting Justice of the Peace
within and for the County & state aforesaid duly
commissioned  and qualified and that the signature
purporting to be his is genuine. 

Given under my hand and seal of office at office in
 Somerville this 24th day of October 1852
S J Wilkinson Judge C. P.

[round illegible embossed deal attached]
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BRIEF objections to the admission of Pension Claims,
of which those answered in the negative, in red  ink,
will apply to the claim of Austin Hackworth which  require
further proof or explanation.

I. Does the declaration show where the applicant resides? 
   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 resides 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?

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 ?  No

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

VII. Has he made 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?  
        No Seal, but his official character is certified by a member of Congress.
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[preprinted form with handwritten entries]
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?  
No
If he has produced direct proof as to service, has the magistrate who administered the oath, certified to the credibility of the 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 the papers 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 if them is not so answered?  
yes
[underline]
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.
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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 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 in not written on the same sheet of paper which contains the affidavit, or other paper 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 paper form 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.
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No. 38.479
Austin Hackworth
[illegible] Ala
Hon G. S. Houston Feby 16 1853
Let adm Dec 18, 1955.
Hackworth
4410
Act June 7 1832
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Please search 
Austin Hackworth 
1832
Res. Marion Co. Tenn.
Va troops
Try, Reg 4410
no orders or Wid
admitted.
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[crossed out at top of page]
Acts of July 14, 1862 and  March 3, 1873

[Black ink stamp] REJECTED
4410
P.O. Austin Hackworth
Service:___
EnlistedL______,18___
Discharged:____, 18___
Application filed: _____18
Alleges: ____
Re-enlisted: ____
Attorney: ___
P.O. _______
____Recognized. ____Contract
____Cert. of Dis.  Searched for ____, 18