Revolutionary War Pension and Bounty Land Warrant Application File R. 4448, Richard Hale, Md.
Page 1

Service: Md. 

Hale, Richard

Number: R4448
Page 2

State of Tennessee } Court of Pleas and Quarter
Giles } Session November Term 1832

Your petitioner Richard Hale a citizen of the county
and state aforesaid would respectfully [illegible] unto
your worships that during the Revolutionary war
and at its commencement he was a citizen of the
County of Baltimore and state of Maryland and
that some time in said war the day or year or
season your petitioner from the great lapse of
time since that event cannot now recollect but believes
it must have been in the early part of said war
he was drafted to serve in said war as a 
soldier in the state troops of Maryland.  Petitioner states
that previous to his being drafted he was third Sergeant
in that Captain's company where he resided and that
he went on his father's business to a place called [illegible]
and that during his absence from home there was a
call for troops to go to Baltimore to be drafted [words have been
struck out] and that 
when claimant returned he went on down to
Baltimore and was drafted to serve in said war.
Just before he arrived at Baltimore and that when
he arrived he found his place of third sergeant filled
by one John Chinath and that he complained of
being thus deprived of his office to General Andrew
Buchanan his general and was told that he must
serve one tour as a private and that he afterwards
should be placed in his office and that he consented
so to do and served that tour as a private; and
that said Chinath in consequence of the death or
removal of several higher officers was raised to the
office of Ensign and that after claimant had served
one tour he was reinstated in his office and made
ensign by Colonels Guess and Decker and Major Joshua
Guess and received his commission.  Claimant states
that John Murray as well as he now recollects was
Page 3

first lieutenant but afterwards became his Captain and that Thomas Guess was his first Captain but afterwards raised to the rank of a Colonel and that Andrew Buchanon was his General and that Thomas Guess was his first Colonel and Frederick Decker his second Colonel and that Joshua Guess was Major but cannot now recollect whether he was first, or second major. Claimant states that he was at Baltimore and served two tours as a soldier during the stay of the British near Baltimore and stood under arms the greater part of the time but does not know his age and the great length of time since that event now recollect how long he was under arms and engaged in service; but recollects that a battle was daily, expected and that great [illegible] and vigilance were required of the soldiers and that no battles were fought in which claimant was engaged and that during one of claimants tours, Captain Murray his captain inconsequence of the illness of his wife obtained permission to leave the troops and visit his family and that your petitioner was compelled to serve as Captain until his return and that he drew baggage and tent cloth for his company and gave his receipt for the same and he recollects distinctly that he felt very much embarrassed as he knew very little about the customs and discipline of the Corps and felt very much mortified at seeing a young Captain Merryman much younger than himself who seemed to know all about his duty. Claimant states that he was eight three years of age the 8th day of September last and that he was born in the year 1749 and that he left off service same time in the year 1781
Page 4

but the day or month he cannot now recollect. Claimant states that he was stationed the whole time in Baltimore County in Maryland and that he served with one Captain William Hutsons Company and Captain Merryman's company both of whose company belonged to the same Regiment with him self but from lapse of time cannot now recollect any other companies or regiments with which he served and cannot now recollect the names of any of the other officers of rank save those already mentioned. Claimant states that he received his commission of Ensign from Governor Johnston of Fredericktown and recollects distinctly doubting very much whether he came up to the recitals in his commission which expressed to be given him in consequence of his "courage, conduct and fidelity' Petitioner states that never expecting to have any use for his discharge or commission he has long since lost his discharge and that he until very [illegible] had kept among his old papers his commission of ensign but that on searching for it he cannot find it and that he has lost every [illegible] of documentary testimony by hwich to establish service and that he now knows of no person except his brother Nathan Hale who can testify to his service. Claimant truly 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.

Richard Hale

State of Tennessee
Giles County

Court of Pleas and Quarter Sessions  - November term 1832

On this 20th day of November 1832 personally appeared in open court before the Justice of the said court now sitting the above named applicant Richard Hale of the County and state aforesaid aged 83 years who being duly sworn according
Page 5

to law doth on his oath declare that the above declaration is true circumstances and in fact according to the best of his knowledge and belief sworn and subscribed the day and year aforesaid.

German Lester - Clerk

We Allen Hill, a Clergyman residing in the County of Giles and William McGraw residing in the same county hereby certify that we are well acquainted with Richard Hale who has subscribed and sworn to the above declaration that we believe him to be 83 years of age; that he is respected and believed in the neighborhood where he resides to have been a soldier of the Revolution and that we concur in that opinion. Sworn and subscribed the day and year aforesaid - Allen Hill
Sworn and subscribed in open court 20th Nov 1832 - Wm McGraw

German Lester - Clerk

1st - where and in what year were you born?
2 - Have you any record of your age and if so, where is it?
3 - Where were you living when called into service. Where have you lived since the Revolutionary war and where do you now live?
4 - How were you called into service. Were you drafted, did you volunteer or were you a substitute? and if a substitute, for whom?
5 - State the name of some of the revolutionary officers whom with the troops where you served such continental and militia regiments if you can recollect and the general circumstances of your service?
6 - Di you ever receive a commission and if so who was it signed and what has become of it?
7 - State the names of persons to whom you are sworn in your present neighborhood and who can testify as to your character for veracity and then belief of your service as a soldier of the Revolution?
Page 6

REJECTED

4448
Richard Hale
Page 7

21088
Richard Hale
of Tennessee

Rejected served only 3 months and 21 days - See letter 19 Dec 33 to German Lester Pulaski Tenn

Let 17 Oct 1837 Rev
E.J. Shields
to 5th May 1838

4448

German Lester
Pulaski, Tenn
Page 8

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

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

II.  Did the Declarant make the declaration in 
the county where he resides? BLANK

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? BLANK

IV. Has the declarant mentioned the period or periods of the war when he served? BLANK

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 the names of the officers under whom he served, in conformity with the regulations? BLANK

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

VIII. Has the Court given their opinion? BLANK

IX. has the Clerk given his certificate? BLANK

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
Page 9

-2-

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

XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it? BLANK

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? BLANK

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? BLANK
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? BLANK
Has the proper officer certified to the official character and signature of the magistrate as the regulation directs? BLANK

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? BLANK

XVI. Are the apers authenticated as the regulations direct? BLANK

XVII. Are the seen interrogatories prescribed by the War Department answered satisfactorily? And if not, which of them is not so answered? 1.2.

Expanatory 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, etc. 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 BLANK year BLANK months and BLANK days, I served as a BLANK for BLANK months and BLANK days I served as a BLANK; and for such service I claim a pension.
Page 10

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 [begin italics]about three or four months[end italics] is too in
definite, 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 objection
able.  It must in every case be clearly shown 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 em
ployed in any civil pursuit.

+QUERE XIV. [begin italics]Proof of Service.[end italics]
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 magis
trate must be certified by the proper officer, under his seal of office.

++QUERE XVI. [begin italics]Mode of authenticating papers.[end italics]
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 cer
tificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass
under the seal of office of the certifying officer, so as to prevent any paper from being improperly
attached to the certificate.

[right index finger pointing]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 11

[Note written vertically in left margin]
[illegible] at - May 4
[illegible]

Free
E. J. Shields 
[illegible]

[Note written vertically in right margin]
Hon E. J. Shields
HR

J. L. Edwards Esqr.
Comr. Pensions
Washington
DC
Page 12

Washington City
May 2nd 1838

Dear Sir,

I herein enclose to you a letter
from A. Wright one of my constitu
ents, making inquiries with regard to
the claim of Mr. Richd Hale of
[illegible] Tenn (Giles County,
for a pension on account of
Revolutionary services.  By
giving the necessary attention
to this matter, you will
greatly oblige your very
Obt. [illegible]
E.J. Shields
Page 13

as a solider of the revolution?
Claimant therefore prays your worships to grant him
a certificate in order that he may obtain the benefit
of the act of Congress passed June 7th 1832.

And the said Court do hereby declare their opinion in
the investigation of the matter and after putting the
interrogatories prescribed by the War department
that the above named applicant was a revolu
tionary soldier and served as he states.  And
the court further certifies that it appears
to them that Allen Hill who has signed
the preceding Certificate is a clergyman resident
in the County aforesaid and that Wm. McGraw
who has signed the same is a resident in
said County and is as credible person and their
statement is entitled to credit.  E. D. Jones one of the
Justices of Giles County Court
Tho. S. Webb one of 
the Justices of Giles County
Court
S.H White one of the 
Justices of sd Court

This 20th day of November personally appeared
in open court Nathan Hale, who states that he himself
was a soldier of the revolution and that he knows
of the above named applicant Richard Hale's
having served as a soldier of the Revolution.
Sworn to & subscribed in open  Nathan Hale
court 20th Novr. 1932. 
German Lester Clk
Page 14

I German Lester Clerk of the Court
of Pleas and Quarter Sessions for the
County of Giles and State aforesaid
do certify that the foregoing contains
the Original Proceedings of the said
Court in the matter of the Application
of Richard Hale for a Pension.

In timony [Blurred seal of the office] Whereof I have hereunto
Set my hand and Seal of
Office this 3d day of December
1832.
German Lester Clerk

State of [covered by blurred seal] }
Giles County } I Arthur M. M. Upshaw presiding
Justice of the Court of Pleas and Quarter Sessions
holden by the County and State aforesaid do certify
that German Lester whose name is signed on the
within Certificate is clerk of said Court and that
due faith and credit are and ought to be given
to all his official acts as such and that his said
certificate is in due form of Law. given under my hand
and seal this 3rd day of December 1832.
Arthur M M Upshaw [word Seal encircled]
Presiding Justice of the Court
of Pleas & Quarter Sessions
Page 15

State of Tennessee
Giles County

I German Lester Clerk of the Court of Pleas
and quarter Sessions holden for the County afore
said do Certify that Nathaniel G. Nye and
Robert G. Abernathy whose name is signed to
the foregoing Certificate are and were at the
time of signing the same acting Justices of
the peace in and for the County aforesaid duly
commissioned and qualified and that full faith
and credit is and ought to be given to all
his official acts as such and that their said
Signatures are genuine.  In testimony
Whereof I have hereunto set my hand
and affixed the seal of said Court
at office this 30th day of November
1833.
[Blurred seal of court]
German Lester Clerk

State of Tennessee Giles County

I Alexander Black Presiding Justice of the
Court of pleas and quarter sessions holden for
the County aforesaid do Certify that German
ester whose name is signed to the [word within lined through]
above Certificate is Clerk of said Court duly qualified
and that full faith and credit is and ought to
be given to all his official acts as such
and that his said Certificate is in due form
of law.  Given under my hand and seal this
30th November 1833.  Alexander Black [word Seal encircled]
Presiding Justice of Giles County Cou
Page 16

The above named Richard Hale for the purpose
of amending his declaration here before by him
made, and to which this is appended and made
a part, in order to obtain the benefit of the
act of Congress passed June 7th 1832, entitled
an act for the benefit of the surviving
officers and soldiers of the Revolution, in add
ition to what he has already said and for the
purpose of explaining the same, begs leave to dec
lare further, that in answer to the several
Interrogatories in said petition to [illegible], and
in answer to the first one, he declares that he
was as he [word blurred] informed and believes, born in the State
of Virginia, but knows not what County, but is
inclined to think from information that it was the
County of Bedford, in the year 1749, and that when
he, claimant was quite young, before his recollection,
his father, as he is informed, moved to the County
of Baltimore, Maryland.  As to the 2nd Interrogatory
Claimant states, that he has no record of his age
that he has repeatedly read the record of his age in
his father's Bible, but where said Bible is he knows 
not, that he does not know whether his father brought
said Bible to Tennessee or not, and thinks it has
long since been lost.  As to 3rd Interrogatory, claimant
states, that he lived in Baltimore County, Maryland,
when called into service, and that he moved from
Baltimore County, Md. to Washington County East Tennessee,
where he lived more than thirty years and that
from Washington County E.T. he moved to Giles
County, Middle Tennessee, where he now lives and
has lived more than nine years.
Page 17

As to the 4th Interrogatory, claimant states that when
called into service, the first tour, which was three
months, he was drafted as stated in his petition
and that in his two next tours he volunteered,
and acted as lieutenant in going down to [word struck out]
Baltimore, under Murray his Captain, the first volunteer tour and
that in that tour it [illegible], he acted as Captain in place
of Capt. Murray, who went to see his family and
that from the loss of memory in old age he cannot
state precisely the length of said tour; that when
appointed Ensign as before stated in his declaration,
immediately afterwards from a change in his
superior officers, as stated before in his petition,
claimant rose by seniority to the office of Lieutenant
but never received any commission as Lieutenant
and that in his first and second volunteer tours
he acted as Lieutenant, save when his Captain 
was absent as before, but that from loss of
memory he cannot state specifically the length of
time which he served in said volunteer tours and
refers to his affidavit below in this petition.
As to the 5th Interrogatory claimant, states that the
regular officers as he now recollects were General Andrew
Buchannan, Thomas Guess 1st Colonel, Frederick
Decker 2nd Colonel, Joshua Guess 1st or 2nd Major
John Murray was Captain, in the same Regiment there
were Captains Merryman, Hutson, Cockey, Tawble,
recollects there were other regiments but has entirely lost
from lapse of time, their names, and that the
Regiment to which he belonged was called the upper
Regiment and contained seven [illegible] only
because the last Regiment.  As to the 6th Interrogatory
claimant states, that he received a commission for
Ensign as in his declaration stated and that it
Page 18

was signed by [illegible] Johnson of Frederick
Town and that never expecting to have any
use for it, he kept it among his old papers in
a very [illegible] and safe manner, and, that
he thought he had it til he [illegible] for
the purpose of aiding him in his pension
declaration, when he found he had lost it.
As to the 7th Interrogatory, claimant states that he
is known in his present neighbourhood to
John Wright, John Dickey Esquire, William McGraw Esquire,
Daniel Allen, Col. Richard H. Allen, Matthew Burthol,
The Reverend Mr. Burket, John Hale, Mr. Coffman,
Thomas Goff, Felix Goff, John Allen, and 
many others all of whom can testify as to my
character for truth and [iilegible] of [illegible] and I
[illegible] all have reputation and belief of my
service as a solider in the Revolution.  And for 
the purpose of reducing to as much certainty as
possible the length and grade of claimant's service,
he refers to his affidavit as follows; On this
the 30th day of September 1833, personally appeared
before me Nathaniel G. Nye, the undersigned,
an acting Justice of the Peace for Giles County, Tennessee
Richard Hale the above named claimant, 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 that according to the best of his
recollection he served not less than the periods men
tioned below and in the following grades to wit;
for three months I served as a private, of which I have
a perfect recollection; For three weeks I served as a Lieut
enant including my two last tours, part of which
time I acted as Captain as before stated, and for
these I claim a pension.  Richard Hale
Page 19

The whole of which statement in answer to said
Interrogatories, on this sheet contained and the
affidavit within was sworn to and subscribed
before me, on the day and date in said
affidavit written.
N. G. Nye, one
of the acting Justices
of the peace for
said County

On this 4th day of October 1833, personally appeared
before me, Robt G Abernathy the undersigned an
acting Justice of the peace for Giles County, Tenn
essee, Nathan Hale aged about 77, who being first duly sworn
according to law, deposeth and saith, that he is
brother to Richard Hale, the above named claimant
and that he himself was a soldier of the Revolution
and was in company with claimant in the princi
pal part of his service and that he has [word lined through] heard of the
claimants commission of Ensign and heard of his
having served as stated in his declaration and that
he knows and recollects of his, claimants, service as a
Lieutenant and of his election to that office, but ho
long he served, his memory does not tell him.
Sworn to and subscribed before  Nathan Hale
me the day & date above written.
Robert G Abernathy one of the Justices
of the peace for Giles County

I Robt G Abernathy Justice as aforesaid do certify that
Nathan Hale, who has subscribed and sworn to
the above [illegible] affidavit, is a person of good
character and standing in his neighbourhood and
that his oath is entitled to full weight and credit
as such.
Robert G Abernathy JP