Revolutionary War Pension and Bounty Land Warrant Application File R. 5063, David Hicks, S.C.
Page 1

SERVICE                                               NUMBER
S.C.                Hicks, David                   R.5063
                  or Hix
                                 Nancy
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State of Georgia }
Fannin County    }  On this Ninth day of June A.D. One thousand Eight Hundred and fifty five personally appeared before Mr. Henry Addington a Justice of the Peace in and for the County and State aforesaid, David Hicks a resident of Fannin County and State of Georgia, who being duly sworn according to law deposeth and saith that the annexed Family Record was written by his own hand as a Record of the death of David Hicks Senior who was the identical person who served in the State troops of the State of South Carolina, which Record has remained since said death in deponents opinion and also the death of Elender Hicks (widow) or wife of said David Hicks deceased.  That the copy of said Record is as follows, David Hicks departed this life on the Eleventh 11th, day of September A.D. One thousand Eight hundred and forty nine, 1849.    
David Hicks

Sworn to and subscribed before me this day and Year (and) first above mentioned.  And I certify that David Hicks above named is a man of truth and veracity.  And I certify that I am not interested in the claim of David Hicks to Pension, Interlived before signed.
Henry Addington, J.P.
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Family Record, was written by his own hand
As a Record of thedeath of David Hicks Senior
who was the identical
troops of the State of
has remained since
Elender Hicks (widow)
deceased.  That the
David Hicks
11th, day of September
and forty nine

Sworn to and subscribed
first above mentioned
Hicks above named
And I certify that
claim of David
before signed.

Elender Hicks [illegible]
their life on the 13
day of September
[illegible]

David Hicks [illegible]
this life on the 11th
day of September
AD 18[??]
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State of Georgia
Fannin County }    I William Franklin Clerk of the Superior Court in and for the County and State aforesaid, do hereby certify that Henry Addington Esquire before whom the foregoing affidavit was made is and was at the time of the signing thereof an acting Justice of the Peace in and for said County duly commissioned and qualified and full faith and credit as due to all his official acts as such and that his signature hereunto is genuine.  And I certify that I am disinterested.  

Witness my hand and the seal of said Court this 11th day of June A.D. 1855.

Wm. Franklin C.S.C.
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No. 35.613
David Hix
VT
Act 7 June '32
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Declaration of David Hix
In order to obtain the benefit of the act of Congress of 7th June 1832

State of North Carolina}
Cherokee County         }     December the 5th 1843

On this 5th day of December 1843 personally appeared before the County Court of Cherokee, David Hix a resident of the County & State above named aged Eighty Seven 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 the 7th 1832.  That he was drafted & served as a militia man in the army of the United States, the year he does not recollect, but says it was before the battle of the Eutaw Springs in South Carolina, he states that he served in the malitia as a private nine months under Captain William Farr, and three months under Captain John Rion all in the State of South Carolina was the most of his time in horse services.  He lived in Edgefield South Carolina when he entered the service moving as scouting parties in different parts of the State, passes through Ninety six South Carolina was at the Piney Woods house, was in a small fight at Bacons bridge also at Orangeburg bridge South Carolina, was in the battle at Stono, at which time & place General Lincoln was the chief commander from certain old age, loss of memory, no being able to write & is therefore unable to state the time he left the service also many other facts touching his service.  He further states that neither himself or any other who served with him received any discharge, that after he served his time there was relief (illegible) (illegible)  He says that the reason he has not made application at an earlier period was that he was unable to find any person being that knew of his service, all being either ded or out of his reach, that he has travelled some hundreds of miles in order to find some person by
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whom he could prove his services & could not & therefore was informed that it would be useless to make application, untill lately, however he is advised to make a trial hoping that his name may be found on the Muster Rolls of South Carolina and the officers names under whom he served together with other circumstances which may prove satisfactory to the Commissioner of Pensions.  He further states that he was not employed in any other business while serving the times already mentioned in the service.  He also states that he passed through Augusta Georgia & many other places in South Carolina but cannot recollect their names owing to extreme old age & loss of memory, & from the cause is unable to state the precise time when he left the service but refers you again to the time the battle of Eustaw Springs it being not long before or after that time does he recollect the regiment or line.   He hereby relinquishes every claim whatever to a pension or an annuity except the present, and he declares his name is not on the Pension Roll of any Agency in any State.

Sworn to and Subscribed the day and year aforesaid.

his
Daniel  X    Hicks
mark

And the said Court do hereby declare their opinion that the above named applicant was a revolutionary soldier and served as he states.  

David Hennell
T. J. Cooper, JP
M. Manchester JP 

I Drury Weeks, Clerk of the County Court of Cherokee County North Carolina do hereby certify that the foregoing contains the original proceeding of the said court in the matter of the application David Hix for a pension.
In testimony whereof I have hereunto set my hand and seal of office this  day of December 1843 and the said Hix  signed the same in my presence.
Drury Weeks Clk
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We Adam Corn a Clergyman residing in the State of Georgia - and John Patterson residing in the State of Georgia, Union County, hereby, certify that we are well acquainted with David Hix who has subscribed & sworn to the above declaration, that we believe him to be eighty seven years of age, that he is reputed and believed in the neighborhood where he now resides to have been a soldier of the revolution & that we concur in that opinion.  
Sworn & subscribed the day & year aforesaid.
Adam Corn
John Patterson

And the said court do hereby declare their opinion after 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 Adam Corn who has signed the preceding certificate is a Clergyman resident in the State of Georgia Union County, and that John Patterson who has also signed the same is a resident in the State of Georgia Union County and is a credible person, and that their statement is entitled to credit.
David Hennessee
T. J. Cooper 
Wm Manchester

I Drury Weeks Clerk of the Court of Cherokee County North Carolina do hereby certify that the foregoing contains the original proceeding of the said court in the matter of the application of David Hix for a pension & I do certify further that the signature of David Hennessee is genuine, that he is a Justice of the Peace & all his acts as such are entitled due (illegible) credit.  Also T. J. Cooper & Wm Manchester are also Justices of the Peace for said County.  In testimony whereof I have hereunto set my hand and seal of office this 5th day of December 1843.
Drury Weeks, Clk
Page 9

Declaration of David Hicks as 
Heir of David Hicks a Revolutionary Soldier, of S.C.
Page 10

State of Georgia
County of Fannin }  On this fifth day of September A. D. One thousand Eight Hundred and fifty four.  Before me the undersigned ordinary of the County and State aforesaid, personally appeared David Hicks aged 72 Years a resident of the County of Fannin and State of Georgia, who being duly sworn according to law, declares on oath that he is the son and Heir of David Hicks who was a Revolutionary Soldier of the State of South Carolina that declarants Father was the identical David Hicks who was a Private in the Company commanded by Captain   (blank)  in the Regiment of State Troops commanded by Colonel Samuel Hamond, in the War of the Revolution and that he continued in said war in actual service for the term of two years and that the said David Hicks served a subsequent tour of about three months, under the command of Colonel Anderson in the service aforesaid, in the Militia of said State.

And he further declares that his Father the said David Hicks died at Hiwapa River in the County of Cherokee and State of North Carolina on or about the 11th day of September A. D. 1849 and that his mother named Elender Hicks died on or about the 13th day of September A.D. 1812 and that they were married on or about the 18th day of March in the Year of Seventeen Hundred and Eighty one, and that his mothers name before her said marriage Elender Gunnett. And he further states that there are three other children of the said David Hicks named as follows  Sally Patterson and Lucinda Hicks and that Declarants Father David Hicks made application for pension whilest a resident of Cherokee County North Carolina, But that he never
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Drew a pension.

And he further states that his Father the said David Hicks made application in his life time from the County of Cherokee in North Carolina but never received a pension.  And he further more, By these presents irrevocably constitutes appoints and fully empowers and authorises  William R. Query and Henry H. Walker of Stock Hill Georgia his true and lawful attorneys for him and in his place and stead to examine into to prosecute to demand and receive from Government Officers of the United States all his rights in any manner of claim to pension or arrears of pension.  That may be due him as Son and Heir of the said David Hicks, who died leaving the same undrawn as in right of law, custom or equity, he is or may be entitled.  In Testimony whereof he has on the day and Year first above written hereunto set his hand and Seal.

In Presence of us
Wm. Franklin  }
James Kincaid, }     David Hicks    (seal)


Sworn to Subscribed and acknowledged before me on this fifth day of September A.D. 1854, And I hereby certify that I am in no wise interested in the prosecution of this application for pension.  And I Certify that David Hicks above named is a creditable disinterested witness and a man of truth and veracity.
James Kincaid
Ordinary of Fannin
County Georgia
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State of Georgia   }
Fannin County      }   I William Franklin, Clerk of the Superior Court of the County and State aforesaid do hereby certify that James Kincaid Esq. before whom the foregoing declaration was made is and was at the time of the signing thereof Ordinary of the County of Fannin and State of Georgia duly commissioned and qualified and that his Court is a Court of Record that full faith and credit are due to all his official acts and that his signature thereto is genuine and I certify that I have no interest in this claim to pension.

Witness my hand and the Seal of my Office at Morgantown this 11th day of June A.D. Eighteen Hundred and fifty five.
Wm. Franklin, C.S.C.
Page 13

January 9, 1935

XXXXXXXXXXXXXXX

David Hicks - 3.5063
BA-J/AWF

Mrs. Jessie H. Hurt
148 South Street
Talladega, Alabama

Dear Madam:

Reference is made to your letter in which you request the Revolutionary War record of David Hicks of North Carolina.

The data furnished herein were obtained from the papers on file in pension claim, R.5083, based upon the military service of David Hicks or Hix in the War of the Revolution.

The date and place of birth of David Hicks are not shown in the claim nor are the names of his parents given.

It is stated that David Hicks, while residing in Edgefield, or Pendleton District, or Pickens District, South Carolina, enlisted and served as a private in Captains William Farr's and John Rion's companies, Colonels Samuel Hammond's and Anderson's South Carolina regiments, that he was in several scouting parties and in the battles of Stone, Bacon's Bridge, and Orangeburg Bridge.

David Hicks applied for pension December 5, 1843, at which time he was eighty-seven years of age and living in Cherokee County, North Carolina.

The claim was not allowed, as proof of six months' service, as required by the pension law, was not furnished. 

He married March 18, 1790 Elender Furnet; after mar-
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riage, they lived in Haywood County, North Carolina.  She died September 13, 1812 in Pickens District, South Carolina.

David Hicks married January 1, 1814 in Pendleton or Pickens District, South Carolina, Nancy Bryan or Bryant.  He died September 11, 1848 in Cherokee County, North Carolina

His widow, Nancy #icks, was sixty-five years of age in 1856 and then living in Macon County, North Carolina.

Reference as made in 1854 to the following surviving children of David Hicks: David Hicks ( as he signed ) residing in Fannin County Georgia, he was the son by the first wife, Elander; Sally Patterson, and Lucinda Hicks.

Stephen Hicks (as he signed) was living in Cherokee County, North Carolina in 1857, and John Bryan or Bryant in 1857 was a resident of Union County, Georgia, he stated that he was born and reared in Pickens District, South Carolina.  It is not shown that they were related to the family.

Very truly yours, 

A. D. HILLER
Executive Assistant to the Administrator
Page 15

1935 - Jan. 9 hist to
Mrs. Julie H. Burt

5063

P. O.  Nancy HIx
Service:  Widow David Hicks
S. C.        REJECTED

Enlisted:______________, 18   .
Discharged:  _________, 18   .

Application filed:   _________, 18   .
The printed list of 1852 shows reasons of suspension

Alleges:  "Did not serve six months"

Re-enlisted:  

Attorney:
P. O.

____Recognized.       ________Contract.
Page 16

35613.
David Hix.
N. C. = No. Ca.
[the following is struck through
Hon T. L. Clingman July 1, 1846
Query Hincler June 20, 18??
W R Query June 29, 1855
Same Aug 2 1853
David Hicks Mar 2 1853
W R Query Dec 21/63
A H Markland Aug 30/56
Let P. ? Henry June ??/57
Felix Axley; Aug 7/58

June 7 1832
Page 17

35613.

Let to Hon T. L. Clingman
House of Representatives
i " do. do. July 6, 1844
Query & Walker June 20/54
Wm R. Query June 29/55

7 June '32
Page 18

Nancy Hicks No. 7416
wid
David 
N. C.

[struck through
Let: Col. Geo. W. Hays Jany21/??]

Act/53
Page 19

David Hicks Geo. N.C. Act 1832
Francis Weeks Geo " 1832
Suspended Mr. Lumpkin - Feb. 20-1856
[??[ - Marsh [??] and on
of Saml Marsh N. [??]
Allowance
Page 20

R. McRae
Page 21

June 29/35
Page 22

Pension Office
June 29, 1855

Sir,

I have received your letter in relation to the case of David Hicks deceased, act June 7, 1832, together with the additional evidence procured from the Office of the Comptroller General of South Carolina the latter does not indicate a service of six months, the minimum duration for which pension is allowed by law for revolutionary services. The claim is further suspended.

Very truly,

Q C

William R. Query Esqr
Morgantown
Georgia
Page 23

Pension Office
June 25, 1857

Sir
The additional testimony filed by you in support of the claim of David Hix, (illegible) late of North Carolina (illegible) under the Act of June 7,1832, does not name the [illegible] of the office to its (illegible) (illegible) and (illegible) then you can reference to the accompanying copy of a letter addressed to W. R. Query Esq. on the 2nd of August 1855. 

P. M. Henry, Esq  }
Present                }
Page 24

Murphy NC
August 2, 1858

Sir

I addressed a letter to your office some time since nothing was given in relation to the claim of Mrs Hix widow of David Hix.  I think I called her Elizabeth Hix that was a mistake, her name is Nancy Hix.  David Hix's claim was filed under the act of 1832 and died before it was desided upon.  I then made out & filed the Claim of Nancy his widow the Claim was filed in your office
Page 25

by some gentlemen in Washington perhaps M. S Faust & as yet I have received nothing satisfactory on the subject alth it is two or three years since it was filed. Now as the agent & attorney in fact for Nancy Hix  Require a full and [illegible] statement the Claim and I aim (illegible) from what I learn that thee has been some foul play from certain quarters concerning that claim.  I am revolved to ferit it out let the (illegible) fall where it will.

Felix Axly  Agt
& attorney in fact for 
Nancy HIcks
Page 26

P. S. The Claim was sent from Cherokee County North Carolina
Page 27

Pension Office, Aug. 7, 1838

Sir,

The enclosed copy of a letter to W. R. Query Esq. will inform you of the condition of the claim of David Hicks for pension under Act of June 7, 1832.   Further inquiry in respect to this matter must be accompanied by a power of attorney from the party interested.

Very truly
K C 

Felix Axley Esqr
Murphy
N. Carolina
Page 28

Col M Hayes
Jany 21
Page 29

Pension Office
Jany 21 1860

Sir
Judge Perkins of this office has referred to me the letter of the 7" Instant, in relation to the claim of Nancy Hicks as the widow of David, an applicant for pension and bounty law.

These claims have been disallowed for the reason that the evidence does not satisfactorily show her husband to have served in the war of the revolution.  The payments indicted by the certificate of the Comptroller General of S. C. may have been made to her husband.  If they were it would entitle her to bounty land.

These claims have been repeatedly suspended for want of proof satisfactorily showing the service of claimant husband.  I should be happy to take a favorable review of the case if the evidence would so warrant.

Col. Geo. W. Hayes
Murphey N.C.
Page 30

Nancy   Widow
David Hix
5063
Page 31

House of Representative Jan. 4th 1844

Sir

I enclose you a paper relating to a claim for a pension  I hope that on examination it will be found sufficient to answer the purpse
of obtaining the pension.

As soon as it can be examined I should be pleased to know the result.

Respectully yours 
T. L. Clingman

J L. Edwards Esqr.
Page 32

State of Georgia   }
County of Fannin  }  Be It known that on this 7th day of June A.D. One thousand Eight Hundred and Fifty four personally appeared before me Saml H. Crawford a Justice of the Peace in and for the County and State aforesaid David Hicks aged 65 years a resident of the County of Fannin in the State of Georgia, who being duly sworn according to law states on oath that he is the Son and Heir of David Hicks who was a Soldier of the Revolution from the State of Virginia.  That he died on or about the  15th day of March A. D. 1851.  That his Mother named Ellinder Hicks died on or about the (blank) day of (blank) A. D.  (blank) and that they were residents of the County of Haywood in the State of North Carolina and were married on or about the  (blank) day of (blank) in the Year Seventeen Hundred and (blank) and he further states that there are three other children of the said David Hicks deceased whose names are as follows, Sally Patterson, Lucinda Hicks only surviving children of the said David Hicks and that he never drew a pension.  And he further more by these presents irrevocably constitutes appoints and fully empowers William R. Query and Henry H. Walker of Stock HIll Georgia his true and lawful Attorneys for him and in his name and stead to examine into, to prosecute to demand and receive from the Officers of the United States Government all his rights in any manner of claim for pension or arrears of pension. that may be due him as Son and Heir of David Hicks who died leaving the same undrawn as in right of law custom or equity he is or may be entitled.  In Testimony whereof he has hereunto set his hand and Seal the day and Year first above written. 
David Hicks  (seal)

Thomas Wakefield J. J. C.
Wm M Denton, J. J. C.
Page 33

Sworn and Subscribed before me on this 7th day of June A. D. 1854 and I hereby certify that I am not interested in the prosecution of this claim for pension.
S.  H. Crawford J. P

State of Georgia    }
County of Fannin  }    I James Kincade ordinary within and for the County and State aforesaid do hereby Certify that Samuel H. Crawford Esqr. before whom the foregoing Declaration and Power of Attorney was made is and was at the time of the signing thereof and acting Justice of the Peace within and for the County of Fannin and State of Georgia duly Commissioned and Sworn and his signature thereto is Genuine.

In testimony whereof I have hereunto set my name and affixed my private seal having no seal of office on this the Seventh day of June A.D. 1854.

James Kincaid
Ordinary
Fannin County Georgia
Page 34

Stamped  
Columbia
Mar
27 
S.C.
Saml Tate Esqr
Fort Hembree
Cherokee County
N. Carolina

Mail
Page 35

Comptroller Genl's Office
Columbia So - Ca March 27 /44

D Sir

Yours of the 14" Inst is to hand
And [illegible] is, a copy from the Records in this office
of all that is, available in the case of Mr. David Hicks

Indent 369
Book T Issued the 23d June 1785 to Mr. David Hix for Eight
pounds eighteen shillings & sixpence 3/4 sterling for
militia duty pri [???] audited.

Principal  £8:18:6 3/4
[??] Int " 0:12:5

I certify the above to be a true c opy from the Records in this office
Very Respectfully
For Comptroller Genl
[illegible]
Page 36

House of Rep  May 21st 1844

Sir

I enclose a paper relating to the case of David Hix an applicant for a pension as you may remember heretofore.

Respectfully yours
T L. Clingman
Page 37

Pen Off
July 6  44

Sir

I have the honor to inform you that the certificate of the Compt. Genl of So. Ca. in the case of David Hix has been examined & filed with the other papers.  It does not appear that he served as much as 6 mo & consequently is not entitled to a pension.


Hon. T. L. Clingman
Page 38

Hendersonville N.C.
February 14th 1846
J. L. Edwards Comr of Pensions
Washington City 
DC
Feb 23 1846
David Hix
William Woody
& David Hix

[illegilbe] and [illegible]
for Moody
Page 39

Hendersonville 14th Feb 1846

Dear Sir

I wish to learn the condition of the Claims of David Hix & William Woody for Pensions under act of 1832 the former was sent from either Haywood or Macon County No. Ca. & the latter from Buncombe County No. Ca. both of the claims were asserted several years back.

I am Very Truly your
Obedient Servant

Elisha King

J. L. Edwards
Comr of Pensions
Washington City
D C
Page 40

Stock Hill Ga.
June 9th 1854

Hon. L. P. Waldo

Dear Sir

Enclosed you will find a Power of Attorney made to us for the purpose of examining the claim of David Hicks for Pension.  The son of said David Hicks who now claims in right of his Fathers services.

Will you please examine the files of your office, and inform us whether there is a suspended claim of David Hicks filed in your office, if so please inform us, and also upon what grounds it was suspended as the Heirs wish us to prosecute said claim.

Very Respectfully Your
Obedient Servants, 
Drury Walker

Hon. L P Waldo
Washington City
D.C.
Page 41

[illegible] 20/34
Page 42

Pension Office
June 20 1854

Gentlemen

David Hicks of NC asserted for service in South Carolina and furnished in support of his allegation a certificate from the office of the Comptroller of that State which did not indicate a service of six months, no other evidence has ever been filed.

Messrs Querry & Walker
Stock Hill
Ga
Page 43

State of Georgia   }
County of Fannin }   Personally appeared before me a Justice of the Peace in and for the County and State aforesaid Enoch Underwood and Bonard Long whom I certify to be respectable and every way entitled to credit who after being duly sworn according to law deposeth and saith that they were each of then well acquainted with David Hicks a Revolutionary Soldier and also with David Hicks Junior who was always reputed to be the Son of David Hicks Senior and that David Hicks first above named was always by the community said to be a Revolutionary Soldier and served in the State of South Carolina, that they never heard anything to the contrary, and that he is now dead, and that David Hicks who now claims a pension or the arrearages of Pension in Right of the services of the said David Hicks Senior deceased was always by him treated as and is by the witnesses considered to be the son and Heir of the said David Hicks first above named and that they are disinterested in the prosecution of the claim to pension.

Sworn to and Subscribed   }   Enoch Underwood
before me this 8th day of   }    Banard Lang
May 1855

G. H. Crawford, J. P. }
Page 44

State of Georgia    }
Fannin County       }   I William Franklin Clerk of the Superior Court in and for said County, do hereby certify that Samuel H. Crawford before whom the foregoing affidavit was made is and was at the time of the signing thereof an acting Justice of the Peace in and for said County duly commissioned and qualified, and that his genuine signature also appears to the following Certificate that full faith and credit is and ought to  be given to all his official acts as such and that his signature to the foregoing declaration or affidavit is genuine and I certify that I an not interested in the prosecution of the claim of David Hicks to pension.

Witness my hand and official Seal this 14th day of May A.D. 1855

Wm Franklin C.S.C.
Page 45

Comptroller Genl Office
Columbia May 28th 1855

No 43
Lib On  }   Issued the first October 1784 to Mr. David Hicks late a private in Lieutenant Cote Saml Hammonds regiment of State Troops for ninety four pounds sterling being ballance of pay and Bounty due him for services in that regiment, together with interest thereon from the first April 1782 to date of Indent agreeable to resolution of General Assembly of the Eleventh March last &c.

Principal  L 94    S    S
Interest    L  6    11   7

No, 369  }
Liber  T  }  Issued the 23rd June 1785 to David Hicks for Eight Pounds Eighteen Shillings and Six Pence 2/4 Sterling for Militia duty per account audited    

Principal    L  8    S  18    P  6 3/4
Interest                    12        5

State of South Carolina
To David Hicks Dr [???] Duty for Col. Andersons Return  L 8  18 6 3/4

Recd Columbia Decr 14th 1790 from the Army Treasury the amount of the above account in an Indent No 369 Book F the order L 8 18 6 3/4
Christo DeGraffinreid
Page 46

I do Certify that the within Indents account and receipt are true copies of the originals in this office.  The account for which Indent no 43 Bk ON was issued has been lost.

Thos. P. Walker
Deputy Comp General
of So Carolina

Comptroller Office  }
Columbia May 28th 1855 }

No Seal of Office
Page 47

Morganton Ga
June 12th  1855

Dear Sir

I now send you the claim of David Hicks to Pension in right of the services of his Father David Hicks.

You will therefore if you please examine the claim and let me hear from you as early as practicable

I would here remark that there is a perfect identification of David Hick's services by his declaration, agreeing with the Comptrollers Certificate as taken from the Records and Muster Rolls at Columbia S.C. which you will see upon examination.

I Remain Very Respectfully
Your Obedient Servant
William R. Query
Agent

Hon L.P  Waldo
Commissioner of Pensions
Washington City
D.C. 

turn over and read
there
Page 48

The papers now sent is or are as follows viz, David Hicks Declaration, the Comptroller of South Carolina & Certificates, Bonard Long and Enoch Underwoods Affidavit and David Hicks Affidavit as to the genuiness of the family Recodrd of deaths.

Very Respectfully Your
Obedient Servant, 
William R. Query
Agent

Hon L. P. Waldo  }
Page 49

Morganton  Ga
July 7th 1855

Dear Sir

Yours of 29th (illegible) is before me and its contents note it.  And now in all candor I must say that I was surprised to see your report stating that the Comptroller of South Carolina had not shown by his certificate as much as six months service rendered by David Hicks deceased.

It was always said by said David Hicks that he served in Col. Hammonds Regiment, also in Col Andersons . and there are various old men now in this Country who will testify that David Hicks was always said to be a soldier of the Revolution and that he served in the Regiment commanded by Col Hammond and also in the Regiment of Col Anderson and there can nothing more identical then was the declaration of David Hicks the son of the Soldier, with the Comptrollers Certificate.  And he only made his declaration from the tradition given him by his attorney & others.  Which corresponded very well with record.  And I would again respectfully refer you to the Comptroller Certificate and ask you to reconsider that testimony as you most certainly have by accident overlooked the first indent certifyed to by the Comptroller
Page 50

I will give below the statement of the Comptroller as follows
No. 43   |
Lib NO   }   Issued the first October 1784 Mr. David Hicks a Private in Lieut. Col Samuel Hammonds Regiment of State Troops for Ninety pounds Sterling being balance of pay and bounty due him for services in that Regiment together with Interest thereon from the first of April 1782 to date of Indent agreeable to Resolution of General Assembly of the Eleventh March last &c. 

Principal          L  94     0        0
Interest                 6     11       7

Here you see is an Indent issued to the said David Hicks deceased for Ninety four Pounds a balance mind you for services in Col Samuel Hammonds Regiment One of the identical Regiments he always alledged that he served in.  It is evident that the Legislature of the State of South Carolina, accredited his service as is above shown.  Which plainly indicates a term of service sufficient to entitle the claimant to Ninety Six dollars per annum.

I would again call your attention to the following account. Viz.
State of South Carolina
To David Hicks Dr
L   62    10  0
L    8     18   6 3/4

For duty per Col Andersons Returns
Page 51

This you see that the State of South Carolina in the foregoing account was indebted to David Hicks L 62   10   0  and because it is mentioned for duty per Col Andersons Returns.  You seemed only to accredit the L 8   18  6 3/4.

And now in the conclusion of this letter I do think that if there's any reliance in the Record before mentioned, we need have no doubt but David Hicks served a term of time more than sufficient to entitle him to Ninety six dollars per annum.

Please let me hear again from you upon this case as early as practicable

I am Very Respectfully
Your Obedient Servant

William R. Query
Agent

Hon. L. P. Waldo
Commissioner of Pensions
Washington City

P.S.  The Comptroller certifys that there is one of David Hicks' accounts lost out of his office as you will see by reference to his certificated there filed in the pension office, which goes plainly to show a greater term of services than admitted by you.  
Respectfully
W. R. Query
Agt

Hon. L. P. Waldo, Comm.
Page 52

R. Query
Aug 2/55
Page 53

Pension Office
August 2 1855

Sir

Upon a re-examination of the papers in the case of David Hicks Hix of NC, I am not satisfied that the proof is sufficient to show that he was the David Hicks who received the L 94 or the David Hix who received the  L 8. 18. 6 3/4 for military service rendered in So. Ca during the War of the Revolution.  He claimed to have served under Captains William Farr & John Rion.  The Certificates of pay do not show under what officers he served except that he was in Lieutenant Col Saml Hammonds Regiment.  Were the Captains referred to above officers in  Col Hammond' Regiment. Can not a facsimile of Hix's signature to his receipt for pay be obtained and forwarded to this office for comparison with that on file attached to his declaration?

W R Query, Esq
Morganton
Ga
Page 54

Morganton Fannin Co Georgia
October 19th 1855

L. P. Waldo Commissioner of
Pensions

Dr Sir

I wish to know what has been done with a claim for a Pension by the heirs of David Hicks who was a revolutionary soldier - who was under captain Farrar of Virginia.  My agent is William Querry.  But I want you to write directly to my address - being one of the heirs which is  David Hicks.

Morganton  Fannin Co  Georgia
Yours respectfully
David Hicks
Page 55

Pension Office
Nov 2 1855

Sir

On the 2nd of August Mr. Querry was informed that the claim of David Hix was disallowed because the proof on file did not show that he was the soldier where services are certified by the Comptroller of the So Ca and he was fully instructed as to the character evidence necessary for the completion of the case.

David Hicks Esq
Morganton
Georgia
Page 56

Power of Att.

David Hix (or Hicks) dead:
Act June 7, 1832

North Carolina


A. H. Markland
Page 57

I hereby authorise A. H. Markland of Washington City D. C. to examine the evidence filed by me in support of the claim of David Hicks Junior for the Pension of David Hicks Senior
Nov. 6th 1855 W. R. Querry 
Agent
Page 58

State of Georgia
County of Fannin, on this Nineteenth day of November A.D. one thousand eight hundred and fifty five personally appeared Jacob Smith aged 69 years a resident of Fannin County and State aforesaid who being duly sworn according to law saith upon oath that he was well acquainted with David Hicks Senior a Revolutionary soldier for the period of thirty years and that the said David Hicks was always by the community called a Revolutionary soldier of the State of South Carolina.  And he further saith that he is well acquainted with David Hicks Junior who now claims a pension in light of the service of said David Hicks Senior and that he was always reported to be the son of the said David Hicks Senior and was always treated as the son of the said David Hicks deaceased and is by deponent believed to be such.  Deponent further states that he has often heard the said Revolutionary soldier speak of his service in the war of the Revolution, he states he knows said David Hicks in Haywood County N. Carolina.
Sworn to and subscribed before me the day and year first above mentioned and I hereby certify that Jacob Smith above named is a credible and disintroisted witness and that I am disinterested.
J.H.Morris Jic.
Page 59

State of Georgia,
Fannin County
I William Franklin, Clerk of the Superior Court of the County and State aforesaid do hereby certify that James H. Morris Esquire before whom the foregoing affidavit was made is and was at the time of the signing there of an acting Justice of the Superior Court of said County, duly commissioned and qualified and certify that his signature hand is genuine and that the signature to the affidavit is the genuine signature of Jacob Smith the affiant and I certify that I am disinterested.
Witness my hand and the seal of said Court Morganton this 19th day of November 1855
Wm Franklin C.S.C.
Page 60

Morganton Ga
Nov 26th 1853.

Dear Sir 
I now send you the Affidavit
Col Jacob Smith of this County who
was acquainted with David Hicks Senr
deceased in whose right David Hicks
now claims pension. The old Colonel
informs me that he has no doubt of the
said David Hicks serving in the War of
the Revolution. and that he is the identical
man that he and his son represents him to
be  You will therefor please examine
this additional evidence and let me know
the result, as early as practicable
Very Respectfully
Your Obedient Servant,
W. R. Query
Agent

Hon. J. Minot Comr
of Pensions
Washington City
DC
Page 61

State of North Carolina
Cherokee County
On this 2 day of Decr 1855
came personally Samuel Leatherwood before
me one of the acting Justice of the peace in & for
said County & State to me well known and
after being sworn as the Law directs saith that
Same Thirty years since he become personally
acquainted with David Hicks of Haywood Co. N. C. 
that from the time I got acquainted with said
Hicks I heard him repeatedly speak of his
being in the United Service in the Revolutionary
War, and it was generally understood & believed
in the said [illegible] [illegible] that he was a revolutionary 
Solder. And that he was regarded by all that
know him to be a man of strict truth and
veracity & that the said Hicks died in Cherokee
about the year 1849. And further that said
Hicks & his wife Nancy (now his widow, lived
to gether during the time as husband & wife
& he further states that he has no interest on said
claim
his x mark
Samuel Leatherwood

Sworn to & subscribed before me the day & year above
written, and I further certify that the said
Leatherwood is well known to me & that his
Statement entitled to full faith & credit and
that I have no interest in the claim or [illegible] 
thereof
Wm Marr
Page 62

State of North Carolina} Drury Weeks Clerk of
Cherokee County} the county court in the county and State aforesaid do hereby certify that Wm Marr
Esqr whose genuine signature 
appears to the foregoing [illegible]
in certificate, and before [illegible] the
forgoing affidavit was made
is and was at the date of the same a duly commissioned
and Sworn Justice of the peace in and for said County
duly authorized by law to administer Oaths and take
acknowledgments, &c. and that he is entitled to full
faith and credit to all his official acts as such

In Testimony whereof I have hereunto set
my name as Clerk aforesaid and affixed
my Official Seal
This the 14th day of July A.D. 1836.
Drury Weeks Clk
Page 63

W R Query
Dec 21 '55
Page 64

Pension Office
Dec 21 1833

Sir
The affidavit of Jacob Smith in
support the case of David Hix of N.C.
not satisfactory because he does not
and can not know any thing about the
service alleged to have been rendered
by Hix.  I want direct evidence of service
1832/

W R Querry, Esq
Morgantown
Ga
Page 65

(1)
State of North Carolina}
Cherokee County}  S'S'
the additional declaration of Nancy His Widow &c
in order to obtain the benefits of the second
Section of the act of 3 February 1853
in open Court at its [illegible] Session I [illegible] [illegible] 
1856 present and presiding D F Ramsaur, A H Mainey and
J. R. Dyche
on the 28 day of June AD 1856 before the court of
pleas and quartersesions held within and for the
and State aforesaid, personally appeared Nancy
Hix aged 65 years a resident of Macon County
State of North Carolina who being dully sworn
according to law doth on her oath make the
following declaration in order to obtain the
benefit of the provisions made by the act of
Congress passed on the 3rd February AD 1853 granting
pensions to widows of persons who served during the
revolutionary war that she is the widow of
David Hix decesed who was a private in the
Company commanded by Captain
in the regiment
commanded by Canal
in the war of the revolution
to the best of her information and belief her
husband entered the same at Pendleton S. C.
about the day of  AD.17 for the term 
of  and continued in actual
service in said war for the term of
and was honorably discharged at
an the day of  AD 47
She further states that she was married to
David Hix in Pendelton District
State of South Carolina on the 1st day of Jany
Page 66

N C
Nancy HicksAdditioal Declaration
for Pension
under the Act 3rd
Feb 1853

Nancy Hics
wid
David
Sus June 37

Felix Axley Atty
A. H. Markland
Present
Page 67

(2)
AD 1814 I am James McKeney a magistrat
and that her name before her
said marrige was Nancy Bryan
that her husband died in Cherokee County State of
North Carolina on the 14th day of September 1849
that she was not married to him prior to 2nd
Jany 1800 but at the time above Stated and
she further states that their is no public record
kept in South Carolina of marriage as she is
advised and believes and that she has no private
or family record of her said marriage and
relyes altogether upon certificate and affidavits
of respectable persons hereto and
that she cannot file herewith her husband certifidate of discharge for the reason she dos not know
any thing of it and further that she is now
Widow
She hereby appoint Felix Axly her true and
lawful attorney with power of substitution to
prosecute this her claim for a pension to receive
a certificate when issued and so all other acts
nessary and proper in the [illegible]
Nancy Hix her x mark
Witness
Dury Weeks

Sworn to and subscribed before me on the 28th day
June and and year first above mentioned and I certify that
I know the said deponent Nancy Hix and
believe her as above stated and that she is the
age above stated from apperances and further
that I am not interested in this her claim
as attorney or otherwise
witness hand and the two of Court affixed
Page 68

by order of said Court now in
Session
Drury Weeks CC Clk

State of North Carolina}
Cherokee County}
On this 28th of June 1856
personally appeared before the undersigned
one of the acting Justices of the peace in & for said County N.C
I [illegible] [illegible] know & a [illegible] person who [illegible] duly sowrn according to law, states that he has
been for many years qcquainted with David Hicks
& his wife having (now widow)  that they lived
together as husband & wife & [illegible] her [illegible]
by [illegible] those that knew them
N P Jarrett

Sworn to & subscribed before me & further I certify that I have no interest in the above named claim
D. F. Ramsaur

North Carolina} I Drury Weeks Clerk of the County Cherokee County} Court  the County and State afforesaid do hereby certify that D. F. Ramsaur Esq  whose genuine signature appears to the
above certificate is and was at the date thereof a duly commissioned and qualified Justice of the peace in and for said County duly authorized by law to administer oaths &c and is entitled to full faith and credit to all his
official acts as such.  In testimony whereof have hereunto [illegible] my name and affix my official seal.
This the 30th day of June 1856.
Drury Weeks C. C. Clk
Page 69

A H Markland Esq
Aug 30
Page 70

Pension Office, Aug 30/56
[illegible]
Act '53

Sir,

I have received the Declaration and proofs of Nancy
Hicks, claiming pension under act of Feby 3,
1833, as the widow of David Hix, and filed
them with the papers in his case under act of
June 7, 1832.
The claim of David Hix was suspended
on the ground that his service was not
substantiated the same objection
exisst as to the claim of his widow, the
additional testimony upon that point not
being satisfactory
Very respy
A. H. Markland Esq
Washington D.C.
Page 71

Additional Evidence 
Revolution claim
Act of July 1838,
(or perhaps some other act)
Nancy Hicks, 
Widow of 
David Hicks dec
of North Carolina 
Cole
P.M. Henry
Present

Drury Weeks
Page 72

State of North Carolina}
Cherokee County}
This day personally appeared before
the undersigned one of the acting Justice
of the peace for said County Stephen
Hicks a Citizen of said County & being by me
sworn according to Law, states that he
was personally and intimately acquainted with
David Hicks Decd & his widow
Nancy who is an applicant for
pension about forty seven years that the said
David Hicks departed this life some five
years since in the County of Cherokee N.C.
This affiant states that he was present
when he dec'd David died & saw him
buried, that the said Nancy in still his
Widow, that they lived together continuosly
for forty years before the death of said
David as husband & wife I have after
heard the said speak of his services in the
Revolutinary War that at the time his
service he resided in what is now Pickens
District South Carolina the said David
was [illegible] regarded by his neighbor as
having done important service in the
Revolution War, & was regarded as a
man of truth & veracity
Stephen Hicks
Page 73

I certify that the foregoing affidavit was
Signed in my presence & was sworn to the 
same, I further State I am well acquainted with
the said Stephen Hicks that he is a
Citizen of Cherokee County N.C. & is a man
of truth and veracity this 5th March 1857
I have no interest in this claim
Wm Marr

State of North Carolina}
Cherokee County}

This day personally appeared before the
undersigned one of the acting Justice of
the peace in & for said County John Bryant
who after being duly sworn according to Law
deposeth & saith that he was born & raised in
Pickens District State of South Carolina
that he knew David Hicks whose widow
is now an applicant for Pension in right of her
husband David Hicks Decd, as a solder of the
Revolutionary war, that he states that he was
present when the said David Hicks & Nancy
Bryant was married by James McKinny one
of Justices of the peace for said District that the
said James McKinny has been dead some
Twelve or  fourteen years He further state that the
laws of South Carolina did require license
or any record of marriages to be kept He further
states the said David removed from South Car in
upwards of forty years since to Haywood County
Northern line that he remaned Haywood
Page 74

county until a short time before he died when he
removed to Cherokee County whe resided untill death
that he said David & Nancy lived together as
husband & wife continuously untill the death of the
said David, He further states that he knew the past
wife of the decd David who died in [illegible]
sometime before the marriage of the decd David
& Nancy, He further state that from his first
aquaintain with the decd David he often heard 
speak of being in the Revolution war & never heard
the fact [illegible]. He further states that the said
David was regarded by those acquainted with him
as a man of the truth & veracity this affiant
further states that he never knew any other David
Hicks in that County but [illegible] spoken of
He further states that he has no interest whatever in
this case or the prosecution thereof
his x mark
John Bryan


I Certify that the foregoing affidaved
was assigned by John Bryan and
Sworn in my present and I further
certify that I have the most satisfactory 
evidence that the said John Bryan
is a man of strict truth & veracity and
is entitled to full credit and that he
is a resident of Union County State of Gorgia
Given under my hand & Seal April 28th 1857
& that I have no interest in this claim D. F. Ramsaur JP
Page 75

State of North Carolina} I Drury Weeks Clerk of
Cherokee County-} the Court of pleas and
Quarter Sessions in and for the County and State
aforesaid do hereby certify that Wm Marr and
D. F. Ramsaur Esq whose genuine signatures [illegible]
to the foregoing certificates and before whom
the foregoing affidavits appears to have been made
both was at the time of Signing the same duly
Commissioned and qualified Justices of the peace in
and for said County, fully authorized to administer
Oaths and is entitled to full faith and credit to
all the official acts as such.
In Testimony whereof I have hereunto
Subscribed my name and affixed my
official seal this the 5th day of May 1857
Drury Weeks, Clk
Page 76

148 South Street
Talladega, Alabama
December 20, 1934

Veteran's Administration
Washington D. C.
Dear Sirs:-
Please send me only of N.C. & Ga
the Revolutionary War
record and any other data you may
have of David Hicks. He was of Granville
County, North Carolina but later lived in
Pike County, Georgia.
I have this information
from "Georgias Roster of the
Revolution;"- David Hicks, Lottery 1827,
Pike county, Georgia.
Thanking you, I am
Yours very truly
(Mrs.) Jessie Hicks Burt