Revolutionary War Pension and Bounty Land Warrant Application File S. 5498, William Hartless, Va.
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(3-1776)
Heartless, William
Service:  Va
Number:  S5498
[handwritten] carded
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13137
Virginia
Wm Hartless of Amherst in the State of Virginia who was a Private in the Comp. M commanded by Captain Dillora of the Regt. commanded by Col Taylor in the Virginia line for 7 mons.

Inscribed on the Roll of Virginia at the rate of 23 Dollars 33 Cents per annum, to commence on the 4th day of March, 1831.

Certificate of Pension issued the 14 day of May 1833 and sent to Saml S Garland [illegible] Glasgow A Co Va 

Arrears to the 4th of March 1833 46.66
Semi anl allowance ending 4 Sept 1833 11.67
                                                                     $58.33

Revolutionary Claim, Act June 7, 1832

Recorded by Wm R Palmer Clerk, 
Book E Vol Six Page 11
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19033 
v
William Hartless

Application for a pension
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State of Virginia Amherst County to wit:

On this 17th day of September 1832 personally appeared in open Court before the Justices of the County Court of Amherst now sitting William Hartless, a resident of the County of Amherst in the State of Virginia aged 78 years, who being first duly sworn according to Law, doth on his oath make the following declaration in order to obtain the benefit of the Act of Congress passed June the 7th 1832. 
That he entered the service of the United States as a Militia Man in the State of Virginia sometime in the year 1779 and marched under Capt Philip Thurmond to the Barracks in Albemarle County where he served a tour of duty of one month. He was then discharged and returned home and in the year 1781 he went as a drafted Militia Man under the command of Captain James Dillard from Amherst County to North Carolina where he joined Genl Greens Army after the battle at Guilford and remained in the Army for three months, at the end of which he was discharges and again returned home and in the same year he marched from the County of Amherst as a drafted Militia Man under the command of Capt Christian to Little York and was there engaged in the capture of Cornwallis's Army. After the surrender of the British Army he was sent on with the Prisoner to Winchester in Virginia, and was there discharged and returned home in this last service he was engaged three months and during the War he performed the three tours also mentioned amounting in all to seven months that he resided in the County of Amherst when he first joined the Army and has lived there ever since, and that in every instance he went as a drafted Militia Man, that the only engagement in which he was engaged was that of the siege of York - that at the Barracks in Albemarle he recollects Col Taylor and Capt Thurmond. In North Carolina he recollects Genl Green, Col Lynch, and Col Washington and at the siege of York he recollects Genl Washington, Genl Lafayette, Genl Wans and Capt Stewart, that he has no documentary evidence proving his service and exhibits with his declaration the best testimonials he can procure being the certificates of a few soldiers with whom he served. he hereby relinquishes every claim to a pension or annuity except the present and declares that his name is not on the pension role of the agency of any State. 

William his X mark Hartless

Sworn to and subscribed the day and year aforesaid.

And the said Court proceeded to propound the several interrogatories prescribed by the War Department the answers to which are given and here to attached.
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To the first question - he says that he was born in the County of Caroline in the State of Va and moved to the County of Amherst when he was 23 years and has lived there ever since he was born in the year 1754. 

To the 2nd question - he says he has no record of his age. 

To the 3rd Quest - He answers that he lived in the County of Amhurst when called into the service has lived there ever since. 

To the 4th Quest - that he was in each case, he was a drafted Militia Man. 

To the 5th Quest - he answers that he recollects seeing Col Taylor at the Barracks in Albemarle County and Capt Thurmond under whom he served. In North Carolina, he say General Green, Colonel Washington and Colonel Lynch and at the siege of York he saw General Washington, General Lafayette, General Wane and Captain Stewart. He is not at this time able to recall to his mind any other officers. 
To the 6th Quest He answers that he received written discharges give by his Capt, but those discharges are lot
To the 7th Quest He answers and refers to William Cashwell Henry Cashwell, Philip Smith and Benjamin Higginbotham.

Amherst County to wit:
Philip smith Benjamin Higginbothem William Cahswell and Henry Cashwell appeared before me a Justice of the for the county of Amherst and made othat that they are acquinted with Willaim Harless and that they know that said Hartless served in the war of the Revolution that he want under the command of Capt Dillard from the county of Amherst and joined Genl Greens Army in North Carolina and that he served at the time a tour of three months.
Subscribed and sworn the day and year aforesaid
David S Garland
And the said court do hereby declare their opinion after the investigation of the matter and after putting the interogations 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 Philip Smith Benjamin Higginbotham William Cashwell and Henry Cashwell who have given the preceeding affidavits are credible persons and that their statement is entitled to credit.
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Virginia, 

I Robert Tinsely Clerk of the Court of Amherst County do certify that the foregoing contains the original proceedings of the said Court in the matter of the application of William Harltless for a pension. I further certify that David S. Garland before whom the preceding affidavit was taken is a Justice of the peace for the County of Amherst duly commissioned and qualifed In testimony where of I hereto set my hand and seal of office the twenty ninth day of September oune thousand Eight hundred and  thirty two in fifty second year of the Commemoreth
Robert Tinsley
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Virginia,

I Robert Tinsely Clerk of the Court of Amherst County do certify that the foregoing contains the original proceedings of the said Court in the matter of the application of William Harltless for a pension. I further certify that David S. Garland before whom the preceding affidavit was taken is a Justice of the peace for the County of Amherst duly commissioned and qualifed In testimony where of I hereto set my hand and seal of office the twenty ninth day of September oune thousand Eight hundred and thirty two in fifty second year of the Commemoreth
Robert Tinsley
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1019033 13.137
Wm Hartless
Amherst Co. Va
Adm for 7 months from 1779
Saml S Garland [illegible]
New Glasgow
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WAR DEPARTMENT, Pension Office 183
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 staement 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 aht is ncessary to be done. Those point to which your attention is more particularly directed you wil 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 complying with this request, greatly facilitate the investigation of your claim.
A Statement, showing the Service of William Hartless Amhurst Co Va

Period when the service was rendered | Duration of the claiimant's service | Years | Months | Days | Rank of the claimant. | Names and Rank of the Company officers under whom he served | Names and Rank of the General and Field officers. | Battles in which the applicant was engaged. | Country through which he marched. | Place of abode when he entered the service and age at the present period. | Evidence by which the declarations are supported.
drated 1779 " 1980 drafted 1781 | [blank] |1 3 3 | [blank] | Private | Capt Phil Thurman Cap Jos Dillard Cap Christian | Gen Green | Col Taylor | Capture of Cornwallis | from Amhearst to N.C. to [illegible | 78 Amherst Co Virgn | 4 witnesses as to 3 mon in NC with Gen. Green

I am, respectfully Your obediet 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 this Department, all persons, claiming the benefit of this law as officers, non-commissioned officers, musicians 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 (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 provion 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 ______ (e) regiment of the ______
line, under the following named officers:

[Here set forth the names and rank of the Field and Company Officers; the time he left the service; (and if he served 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 enered 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. B.
[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 revolutionary 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 ________ for a pension.
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 proof 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 the 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 believed, in the neighborlood 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.
[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 prescribed by the War Department, that the above named applicant was a RevoIutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that A. B. _____ who has signed the preceding certificate is a clergyman, resident in the _______ and that C.D., who has also signed the same is a resident in the _______ and is a credible person, and that their statement is entitled to credit.
1,
Clerk of the Court of ______ do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the applicacation 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 commission; 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 the witness, stating in detail his personal knowledge of the services 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 produce 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 alleged service, as they are known at the Department. A very full account of the services of each person
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will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. 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 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 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 given and what has become of it?
To an Officer. Did you ever receive a commission, and if so, by whom was 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 testify as to your character for veracity, and their belief of your services as a soldier of the Revolution.
The Court will see that [t]he answers to these questions are embodied in the declaration,
and they are requested to annex their opinions of the truth of the statement of the 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 enquiry 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 ofRecord of the proper county, and the Judge or Justice will execute the duties, which the Court isherein requested 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, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court 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 the 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 procure, 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 go by reason of bodily infirmity ; in which ease 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 invariably be mentioned.
[d] The declarant must mention the period or periods of the war when he served.
[e] Every continental officer or soldier most give the name of the Colonel under whom he
served; otherwise a satisfactory examination of the claim cannot be had. Every claimant must state, 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. ln 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:
“Personalty appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who,
being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service; but, according to the best of his recollection, he served not less than the periods mentioned below. and in the following grades: — For — year — months, and — days, I served as a — — . For — months and — days, I served as a — ; and for such service I claim a pension.”
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, it 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 service. 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 affix his seal, and if it has no device or inscription by which it can be
distinguished from any other seal, or 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 oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
The notes from [a] to [i] are all equally applicable to the cases of Militia men, Volunteers and State Troops, The proof required by rule in this case applies to continental troops only.
[k] This 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.
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3732
19029
33

Nov 22

To The Honbl Lewis Cass
Secretary of War
Washington

Application for pensions under the Act of Congress of June 1832
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Glasgow. November 17th-1832
Sir
Enclosed you will receive the declarations of
William Cashwell, Benjamin Higginbotham, William Harttip Henry Lane, and Henry Cashwell who are applicants for pensions under the late Act of Congress. It is desirable that the result of their applications should be known as soon as practicable, for if the act referred to is disposed to benefit of the old soldier, and render more comfortable his few remaining days, it must be speedy in its application, or the objects intended to be benefited by it will be removed by the hand of death, before they will have realized any of the benefits.-
I had the honor to transmit several months past, the declarations of Alexander Scott and Thomas Coffridge who were likewise applicants for pensions under the before mentioned act. I requested that if there were any objections to a favourable judgement upon these two cases, that I, acting as their friend, might be informed of it in order, if practicable, that the objections might be removed. As yet I have heard nothing in relation to them.

With Much Respect
Yr Most Obt Svt
Sam'l M. Garland
/