Revolutionary War Pension and Bounty Land Warrant Application File R. 4930, Charles Hester, S.C.
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Service 
South Carolina

Hester,Charles

Record Number
R.4930
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Charles Hester
So.Ca.
Rejected, See let.
15 Augst:1833.to
E. Bomar
Spartanburg
So.Ca.
4930
Act. Of June 1832
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Rejected
4930
Charles Hester
Service:

Enlisted:        ,18
Discharged:   ,18

Application filed:     ,18

Alleges:     
Re-enlisted:  

Attorney:
P. O.

     Recognized       Contract.
     Cert. of Dis.   Searched for     ,18
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Declaration of
Charles Hester
26035
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South Carolina 
Spartanburg Dist.    [.....] To wit
On this 7th day of March 1833.  personally appeared in open court, to wit, the court of Sefsions and Common Pleas, before the Judge of the said court now Sitting, Charles Hester, a resident of the District aforesaid aged Eighty-six years - who being first duly sworn according to said oath on his oath make the following declaration in order to obtain the benefits of the act of Congrefs pafsed June 7. 1832 - that he entered the service of the United States under the following named officers and served as him in stated - "I entered the Service of the United States, in June 1776. in the drafted militia of this State, in the Company of Captain William Tate, in Spartanbugh District, South Carolina in the 1 Regiment Commanded by Col. Wofford, for six months, during which time I was generally employed, as a Smith, in showing horses and other Smith work for the I Regiment.  I afterwards served in the company of Captain George Taylor. in Col. John Shomor's Regiment for the space of one year, still employed generally as an artizan for the army -. I never was in any battles - nor did I ever obtain any regulor discharge - I have no documentary evidence of any discharge, nor do I know of any person now alive in this State, who knew me in the Revolution - I do hereby relinquish my claim to a pension or annuity except to the present and declare that my name is not on the pension Roll of the [.....] of of any state. ~ In answer to the questions proposed by the Court - I answer 1st I was
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born on 16th august 1747 in Louiza County Virginia or I have been informed by [illegible] ancestors - having no record in my possession 
3rd. 4th. 5 & 6th see within . ~ 7th Infer to the Reverend Joshua Richards.
Elijah Turner and Allen Turner
who will certify my character for truth and morality. ~

Sworn to Subscribe 
in open Court the day and year of [.....]           Charles  X his mark Hester
R Gault

We Joshua Richards, a clergyman resident in said District and Elijah Turner and Allen Turner resident in the same, do hereby certify that we are well acquainted with Charles Hester, who has sworn to, and subscribed the forgoing Declaration , that we believe him to be eighty six years of age that he is [........] and he lived in the neighborhood where  he resides, to have been a soldier of the Revolution and we concur in that opinion.
Sworn to & Subscribed the day & year [afsd]
True [..........]
J D Escoff

Joshua Richards [V......]
Elijah Turner
Allen Turner

And the said court does hereby declare its opinion, after the investigation of the matter and after putting the in
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[illegible] [illegible] [illegible] by the [illegible] an deponent
before named Charles Hester
was a soldier of the Revolution and
served as he states and the court
for him certifies that it appears to it that
Joshua Richards who has signed the fore-
going certificate is a clergyman resident
in the said Dist and that Elijah
Turner and Allen Turner who has
also singed the same are residents in the
said Dist and are credible persons
and their statement in [illegible] [illegible] dist.
R. Gault

The State of South Carolina
Spartanburgh District
I Elisha Bomar Clerk of the Court of
Sefsions and Common Pleas in and
 for said District, do hereby certify that
the foregoing contains the original proceed-
ings of the said Court in the matter of
the application of Charles Hester for a 
Pension.  In testimony whereof I have
hereunto set my hand & seal of office
the 15th day of May 1833.---E. Bomar
Clk
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No. 26035
Charles Hester Spartanburgh District
South Carolina

Reject
Reject - see let to E.
Bomar Aug 15 1833

E. Bomar Clk, Office Depart of State
S. Carolina
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WAR DEPARTMENT,
Pension Office

Sir:
The evidence in support of your claim, under the act of June 7, 1832, has 
been examined and the papers are herewith returned.  The following is a statement of
your case in a tabular form.  On comparing these papers with the following rules and
the subjoined notes you will readily perceive that objections exist, which must be removed,
before a pension can be allowed.  The notes and the regulations will show what is
necefsary to be done.  Those points to which your attention is more particularly directed,
you will find marked in the margin with a brace, (thus }).  You will, when 
you return your papers to this Department, send this printed letter with them; and
you will, by compling with this request, greatly dacilitate the investigation of your 
claim.

A Statement, showing the Service of Charles Hester Spartanburgh District South Carolina
[illegible]
Draft June 1776

[illegible]
Years 1
Months -
Days -

Rank of the claimant
[illegible]

Names and rank of the Field of-
ficsr under when he served.
Cap Tate, Col Wofford 
Capt Taylor, Col Thomas

Age at present,
and place of abode 
when he entered
the service.
86 years
District of
Spartanburgh
S. Carolina

Proof by which the declaration is supported
[illegible] evidence
paper correct.

I am, respectfully,
Your obedient servant,
J. L. Edwards,
Commissioner of Pensions.
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REGULATIONS UNDER THE ACT OF JUNE 7, 1832

The following regulations have been adopted:
This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army,
and to include under the terms "Continental Line," "State troops," "militia," and "volunteers," all
persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who
were  occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to
Store Keepers, &c., Teamsters, Boatmen, &c.  Persons who served on board of private armed vessels are
also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged
in guarding particular places at night, and were not recognized as being in actual military service.
Four general classes of cases are embraced in this law:
1. The Regular Troops
2. The State Troops, Militia, and Volunteers
3. Persons employed in the Naval Service
4. Indian Spies.
As rolls of the regular troops in the Revolutionary War exist in tis Department, all persons claim-
ing the benefit of this law as officers, non-commissioned officers, mucicians or privates, will, in the first
instance, make application by transmitting the following declaration, which will be made before a Court of
Record of the County where such applicant resides.  And every Court having by law a seal and Clerk is
considered a Court of Record.

DECLARATION
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
State, Territory, or District of
County of
ss.
On this   day of    personally appeared (a) before
   A. B. a resident of (b) of   in the county of    and State, Territory or District
of    aged (c)    years, who being first duly sworn, according to law, doth on his oath make the
following declaration, in order to obtain the benefit of the provision made by the act of Congress, passed
June 7th, 1832.  That he enlisted in the Army of the United STates in the year (d)   , with   and
served in the    (3e) regiment of the    line, under the following named officers:
[Here set for the names and rank of the Field and Company Officers; the time he left the service; (and if he serv-
ed under more than one term of enlistment, he must specify the particular period, and rank and names of his officers:) the town or county and state in which he resided when he entered the service: the battles, if any, in which he was engaged, and the country through which he marched.  This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.]

He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he
declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of
the Agency in the State of
Sworn to and subscribed the day and year aforesaid     A. V.
[And then will follow the certificate of the Court.]

And the said Court do hereby declare their opinion (g) that the above named applicant was a revolu-
tionary soldier, and served as he states.
I     of the Court of 
do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of
the application of
In testimony whereof, I have hereunto set my hand and seal of office (i) this
     day of      &c.

If, on examination of the proper record, the names of applicants, making such declaration, cannot be
found, they will produce such proff as the rule given in note (j) points out.
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers, or Militia,
except those who belonged to hte New Hampshire Militia and State Troops of Virginia, will make and
subscribe a declaration similar to the foregoing, with the following additions, viz:
(k) We, A. B., a Clergyman, residing in the      and C. D. residing in (the same)
hereby certify, that we are well acquainted with      , who has
subscribed and sworn to the above declaration; that we believe him to be
years of age; that he is reputed and beleived, in the neighborhood where he resides, to have been a soldier
of the Revolution, and that we concur in that opinion. 
Sworn and subscribed the days and year aforesaid.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion, after the investigation of the matter, and after
putting the interrogatories prescrived by the War Department, that the above named applicant was a Revo-
lutionary Soldier, and served as he states.  And the Court further certifies, that it appears to them that A. B.
and that C. D. who has also singed the same is a resident in the
and is a credible person, and that their statement is entitle to credit.
I,     Clerk of the Court of      do hereby certify that the foregoing
contains the original proceedings of the said Court, int the matter of the application of
for a pension.
In testimony whereof, I have hereunto set my hand and seal
of office, this     day of     &c.

Every applicant will produce the best proof in his power.  This is the original discharge or commis-
sion; but if neither of these can be obtained, the party will so state under oath, and will then procure, if
possible, the testimony of at least one credible witness, statin in detail his personal knowledge of the ser-
vices of the applicant, and such circumstances connected therewith,as may have a tendency to throw light
upon the transaction.
If such surviving witness cannot be found, the applicant will so state in his declaration, (l) and he will
also, whether he procude such evidence or not, proceed to relate all the material facts, which can be useful
in the investigation of his claim, and in the comparison of his narrative with the events of the period of his
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8

alleged service, as they are known at the Department.  A very full account of the servics of each person
will be indispensable to a favorable action upon his case.  The facts stated will afford one of the principal
means of corroborationg the declaration of the applicant, if true, or of detecting the imposition, if one be at-
tempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be ex-
pected.  All applicants will appear before some Court of Record in the County in which they reside, and
there subscribe and be sworn to, one of the declarations above provided, according to the nature of his
case.
The Court will propound the following (m) interrogatories to all applicants for a pension, on account of
service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State 
troops of Virginia.
1. Where and in what year were you born?
2. Have ou 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 names of some of the Regular Officers, who were with the troops, where you served; such
Continental and Militia Regiments as you can recollect, and the general circumstances of your services.
6.  To a Soldier.  Did you ever receive a discharge from the service, and if so, by whom was it giv-
                          en, and what has become of it?
     To an Officer. Di you ever receive a commission, and if so, by whom ws it signed, and what
     has become of it?
7.  State the names of persons to whom you are known in your present neighborhood, and who can tes-
tify as to your character for veracity, and their belief of your services as a soldier of the Revolution.
The Court will see that the answers to these questions are embodied in the declaration, and they are
requested to annex their opinions of the truth of the statement of applicant.
The applicant will further produce in Court, if the same can be done, in the opinion of the Court,
without too much expense and inconvenience to him, two respectable persons-one of whom should be
the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from
their acquaintance with him, that they believe he is of the age he represents, and that he is reputed
and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion.
If one of these persons is a Clergyman, the Court will so certify, and they will also certify to the character
and standing of other persons giving such certificates.
The traditionary evidence of service is deemed very important, in the absence of any direct
proof, except the declaration of the party.  And the Courts are requested to be very particular in the
inquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
Applicants unable to appear in Court, by reason of bodily infirmity, may make the declaration before
required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper
county, and the Judge or Justice will excuse the duties, which the Court is herein requirested to perform,
and will also certify that the applicant cannot, from bodily infirmity, attend the Court.
Whenever any official act is required to be done by a Judge or Justice of a Court of Record,
or by a Justice of the Peace, the certificate of the Secretary of State or Territory, or of the proper
Clerk of the Court or County of Record, or a Justice of the Peace, and that the signature annexed is
his genuine signature.
No payments can be made on account of ther services of any person, who may have died before
the taking effect of the act of June 7, 1832, and in case of death subsequent thereto, and before the
declaration herein required is made, the parties interested will transmit such evidence as they can pro-
cure, taken and authenticated before a court of Record, showing the services of the deceased, the period
of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the
opinion of the Court upon the whole matter.

[a] The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance.
[b] The declarant must make his declaration in the county where he resides.  If he should fail to do so, he must assign a sufficient reason for not conforming to the rule.
[c] The age of the claimant must invariable be mentioned.
[d] The declarant must mention the period of periods of the war when he served.
[e] Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the claimed cannot be had.  Every claimant must state, which precision, the length of his service, and the different grades in which he served, in language so defluit as to enable the Department to determine to what amount of pension he is entitled.  In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words: "Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. D. 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 that the periods mentioned below, and in the following grades: - for ----- year ----- months, and ----- days, I served as a -----.  For -----months and -----days, I served as a -----; and for such service I claim a pension."
It is important, in all cases, to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service.  The use of the phrase about three or four months, is too indefinite, and all such qualifying  expressions are objectionable.  Some persons who apply for pensions merely state that they served two years in the militia, &c. without specifying the tours, the names of the officers, and other particulars respecting their services.  This form of a declaration is highly objectionable.  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 employed in any civil pursuit.
[f] The law makes the relinquishment indispensable.
[g] The opinion of the Court is always required.
[h] The Clerk must give his certificate in every case.
[i] The Clerk must fix his seal, and if it has not device or inscription by which it can be distinguished from any other seal, of if he has no public seal of office, the certificate of a Member of Congress, proving the official character and signature of the certifying officer, should accompany the papers.

Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other papers authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.

Proof of Service.
[j] 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 claimant's entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged.  The magistrate who may administer the oath must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
[ ] The notes from [a] to [i] are all equally applicable to the cases of Militia men, Volunteers and State Troops.  The proof required by rules in note [j] applies to continental troops only.
[k]  The traditionary evidence is indispensable in militia cases.
[l] If a witness cannot be found, the declarant must state the fact.
[m] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.