Revolutionary War Pension and Bounty Land Warrant Application File R. 8707, for Frederick Rester, Georgia
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(8--1776)                                                                                                   NUMBER
Ga.                                         Rester, Frederick                                        R8707
                                                           Louisa



C
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14047
Louisa Rester
widow of Frederick
Mississippi
Act 7 July 1838
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State of Mississippi, Harrison County - Personally appeared before me James Davis, an acting number of the board of police of the aforesaid County, Louisa Rester of the aforesaid County and State and (ineligible), that she was the lawful wife of Frederick Rester formerly of the state of Georgia and afterwards of Mississippi - that she was married to the said Frederick Rester in Bullock County in Georgia, in the year Seventeen hundred and Eighty three or Eighty four - and that she lived with him as his lawful wife until his death, which took place in the year Eighteen Hundred and thirty, on December the thirty first - and that she the said Louisa Rester, has since remarried and is now the widow of the aforesaid Frederick Rester - and that she the said Louisa Rester humbly prays & petitions the Government of the United States for the benefit of such appropriations as Government has made & let apart for such widows of Revolutionary soldiers - She enclosing the regular discharge of the aforesaid Frederick Rester her husband.
Sworn to, will subscribed before me Eighth day of September, One thousand Eigh hundred & forty nine - Given under my hand and seal, Jm
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Power of Attorney
of
Frederick Rester
son of Louisa Rester
widow of Frederick
Act July 7,
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State of Mississippi
Harrison County             S.S.

Be it known that before me (unlegible) a Justice of the Peace in & for the County & state aforesaid duly authorized by Law to (unlegible) Personally appeared before me Frederick one of the Heirs, Son of Louisa Rester & Frederick Rester, Dec'd, a resident of the County Harrison & state of aforesaid who being first duly sworn according to Law, states that he is an heir of Frederick Rester Dec'd & a Citizen of the County of Harrison in the state of Mississippi & is one of the Legal Heirs of Frederick Rester Dec'd  in the state of Mississippi, Son of Louisa Rester widow of Frederick who was a soldier in the Revolutionary War & he believes the United States are still indebted in the existing laws for the provision that was done under the application heretofore made & that he is directly interested as an Heir and a claimant in the Pension for which application was heretofore made as aforesaid & he (unlegible) and appoints Isac N. Coffin of Washington County D. C. his true & Lawful attorney with (unlegible) (unlegible) the examine into investigate, & establish the Claim for said pension & do all acts necessary thereto In witness whereof I Frederick Rester has on this 11th day of February 1853. herewith signed my name & affixed my seal
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(Brought over)
(unlegible)     Frederick Rester                         seal
State of Mississippi
Harrison County signed sealed acknowledge & sworn to before me on this 11th day of February 1853 To administer oath interlined (unlegible) 6 line from Top "Son of Louisa Rester interviewed before (unlegible) and son of Louisa Rester widow of Frederick who between 15 & 16 (unlegible) (unlegible) Jan (unlegible) afore going pension claim - W.D. (unlegible) J.P. seal
State of Mississippi
County of Harrison To wit:  I (unlegible) clerk of the (unlegible) Probate Court of the County aforesaid do hereby certify that William B. Hathorn before whom the foregoing power of attorney was acknowledge & affidavit made, was at the time of so doing A Justice of the Peace in & for the County aforesaid Duly Commissioned & sworn & that his signature above withere is genuine.
In testimony, where of I have herewith set my hand & affixed the seal of said Court this 11th day of February 1853  Le (unlegible)  Clk

Power of Attorney
of
Frederick Rester 
son of Louisa Rester
widow of Frederick
Act July 7, 1838.
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David Rester was born
In July the 16 day of 
of our Lord, 1786
___________________________________________________
Stephen denmark was born
November the 14th 1763
________________________________
Susannah denmark was born
may the 26th day 1765
____________________________________________________
Jammima denmark was born
in november the 8th 1767
__________________________________________________
Luicea denmark was born
october the 17th 1768
____________________________________________________
Elizabeth denmark was born the
4th day of auguste 1771
___________________________________________
Reading denmark was born 
desember the 8 day --1773
___________________________________
Clar(unlegible) denmark was born
october the 1st day 1775
_____________________________________________________________________
Matthew denmark was born
in (unlegible) the 15th 1777
_____________________________
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The State of Mississippi     ss
Harrison County

Be it remembered that on this 8th day of November AD1856 Personally came and appeared before me the undersigned Justice of the Peace of said State & County David Rester who being duly sworn  (unlegible) and saith that he has been informed and verily believes that he is the first child born to Frederick Rester and Louisa Rester his wife after their marriage, in Bullock County state of Georgia. this (unlegible) further states that he has been informed and verily believes that he was Born July 16th 1786 that the instrument of writing hereto amended was given to (unlegible) by his father the said Fredrick Rester and has been in (unlegible) possession ever since - showing the date of (unlegible) birth - further  (unlegible) - says that his father the said Fredrick Rester and his mother the said Louisa Rester died in Harrison County state of Mississippi a number of years since further (unlegible) saith not sworn to and subcribed before me this the day and year (unlegible) above written                         David Rester

Robt (unlegible)   J.P.  seal

Senate Chamber
Washington Dec 19, 1850
I certify that I am well acquainted with David Rester who has subcribed the foregoing affidavit and he is a person of the highest respectability and credibility
G.E. (unlegible.)
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The State of Mississippi             ss
Harrison County

Be it remembered that in this 8th day of November AD1856 Personally came and appeared before me the undersigned Justice of the Peace of said State & County David Rester who being duly sworn deposith and saith that he has been informed and verily believes that he is the first child born to Fredrick Rester and Louisa Rester his wife after their marriage, in Bullock County State of Georgia.  this  (illegible) further states that he has been informed and verily believes that he was Born July 16th 1786 that the instrument of writing hereto annexed was given to  (illegible) by his father the said Fredrick Rester and has been in  (illegible) possession ever since - showing the date of ( illegible) birth - further  (illegible) says that his father the said Fredrick Rester and his mother the said Louisa Rester died in Harrison County state of Mississippi a number of years since further (illegible) saith not sworn to and subscribed before me this the day and year  (illegible) above written               David Rester

Robt (illegible)  J.P.    seal

THE STATE OF MISSISSIPPI,                 ss
HARRISON COUNTY

I, L.L. DAVIS, Clerk of the Probate Court of said county, do hereby cerify that Robert Fuller Esq., whose genuine signature appears to the annexed affidavit  is and was at the date thereof a Justice of the Peace in and for said county in said State, duly elected, quilified and commissioned, (illegible) act in the premises are and ought to be entitled to full faith and credit.

WITNESS my hand and the seal of said Court, at Mississippi City, this 8th day of November A. D. 1856
L L Davis            Clerk.
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REJECTED

8707

Louisa Rester
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Fredric Rester departed this life
December 30th 1830

(illegible) ----Anna Ladner
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14047
Louisa Rester
widow of Frederick
Mississippi
Suspended
Let to (illegible) A. G. Brown. Jan 25/50
To (illegible) 22d Aug & 1850
do to Col. J. G. Berret Sept. 6. 1850
" J. N. Coffin Feb 6, 1857
" same May 26, 1857 -

Act 7 July 1838
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8707
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Washington May 9th, 1857.
Sir:
In compliance with your letter of Feby 6th in the Revolutionary pension case of Louisa Rester widow of Frederick of Mississippi, under Act July 7. 1838, in relation to the time said Frederick entered service, __ I herewith enclose letter of the Third Auditor dated 8th: inst. proving that he   in regard to the leave of absence among (illegible) granted by (illegible) this (illegible)   enlisted 4th September 1782.   contemporary legislation in the Act of March 3d 1837, an Act (illegible) very near that of July 7. 1838, shows that it was the intention of Congress to allow the time of service in widows case up to the 3d Nov 1783 as by its words "the widow of any person who continued in "the service of the United States until the third day "of November 1783" _____ and as the Discharge by Major John Habersham among the papers in the case on file in the Pension Office dated 10th Dec: 1783 proves that he enlisted for two years which would have been to 4th Sept: 1784, and that he "IS", on 10th December 1783 "discharged", claimants are entitled that the computation of his service be to 3d Nov 1783.  The Resolution of Congress of 14th July 1832, requires time any soldier was in prison be computed as a part of his service - & in case of Dr Edward's widow Secretary of War Decided on Sept.
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9. 1844 that a prisoner on parol shall be considered as in service, so that Law requires prisoners - and the Decision person on parol, - and is a Decision that parol is in law service.  And also the claimants have the right to the benefit of the Decision of the Attornery General of Jany 7th: 1854 which is in Mayo & (illegible) Pension Law, edition of 1854, made at the request of the Secretary of the Interior and adopted by him.,  The Attorney General at page 728 states "Congress resolved on the 22d March 1783 (Journals by "Way and Gideon, vol 4 p 178) "that such officers as are now in "Service, and shall continue therein to the end of the war, "Shall be entitled to receive the amount of five years full pay."  The Attorney General after quoting the words of the Proclamation of peace of Congress of 18th Octr: 1783 as follows "we do also declare that the further services in the field of the "officers who are deranged and on furlough, in consequence of OUR aforesaid acts, can now be dispensed with, and they have "our full permission to retire from service without being longer "from their present engagements to be called into command," _________________________ proceeds to Decide as follows "Here "we have the high authority of the Congress of the United "States of America in explanation that officers deranged "or  (illegible), not in command, not in actual service "in the field, and on furlough, were yet liable to be called "into command and not out of the service, until discharged "from and after the 3d of November, 1783, by the proclamation above cited.
"It is believed that the constituted authority "of the United States never refused to issue a certificate of
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"five years full pay in commentation of half pay for life "to any one of the numerous officers of the continental army "who were thrown out of active service as deranged or "supernumerary, having no command by reason of Preduction of the regiments and corps of the several States, which "happened between the Resolutions of Congress of 21st Octr 1780 "and 22d March 1783, upon pretence that such deranged "or supernumerary or furloughed officers "were out of service and did not serve to the end of "the war.  All such as applied (it is believed) were "acknowledged to be entitled, and received their certificate, "Certain it is, that such a refusal would have been "unwarranted, and in violation of the public faith and "of the general principle, applicable to contracts as before "explained."
As the Secretary of the Interior has Decided by the adoption of the (illegible) (illegible) that the word "service includes furloughed service, and as neither the Act of July 7. 1838 & Act of June 7. 1832 furnish no subject matter to restrain the signification of the term "service," therefore unless the words of the Law are restrained and not permitted to mean what they literally declare they definitively settle the question.
In addition to the Three above Decisions, by Secretary of War, Attorney General and Secretary of Interior, is the Decision of Secretary of Interior at page 597 of above Work in these words "By the Rules of "this Department, and also as I believe, by those of the War Department, a soldier "who has a furlough or leave of absence, is still regarded as in the service
Therewith enclose my (illegible) Certificate and Proceedings of the Court of Probate, proving day of
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death of widow and names of surviving children.
I am
Very Respectfully
Your Obed Servant
Isaac N. Coffin.

George C. Whiting Esq.
Commisioner of Pensions
Washington D. C.
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Washington Jany 17th: 1857.
Sir:
I herewith transmit in the suspended case of Louisa Rester widow of Frederick Rester of Mississippi under the Revolutionary Pension Act of July 7th: 1838, the following papers viz
Original Family Record of the Birth of David Rester son of said Louisa Rester.
Affidavit of said David Rester that he believes he was born July 16th 1786 and that the paper annexed "was given to deponent by his father the said Frederick Rester and has been in deponents' possession ever since.
Official Certificate of Govr A. G. Brown of the Senate U. S. that said David Rester is a person of the highest respectability and credibility.
While writing I will mention that the Family Record above mentioned having been "given to deponent by his father" -- as his father Frederick Rester is proved by the papers already on file in the Pension Office to wit the Affidavits of John Deal and David Rester to have died on the 31st of
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December 1830, it is 26 years since it was made at least, - and it was they made long before the widow's pension laws were passed - and in fact has every appearance of being made at the time of the birth occurred.
I will also mention (while transmitting these papers) that James Davis & John Deal both Swear that from their "knowledge" of Louisa Rester's high standing that full faith and credit should be given to her oath - and she swears that she was married at the age of 16, - which is corroborated by this Family Record.
I am
Very Respectfully
Your Obed Servant.
Isaac N. Coffin.

George C. Whiting Esq.
Commisioner of Pensions
Washington. D. C.
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Washington Aug 23 1850
Hon I. S. Edwards
leave Pension
D Sir
Will you do me the favor to allow  Col. James G Berrett to (illegible) the papres in the case of Louisa Restor.  I think the case has merit - which on the (illegible) of (illegible) have been over looked and on this account - I beg you to (illegible) the case a little of your personal attention.  I think if you will (illegible) the case personally in all its (illegible) this old widow will (illegible) (illegible) - I appeal to your genrous (illegible) to look into this case.
Very (illegible)
& sincerely yours
A G Brown
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The State of Mississippi
Harrison County

Personally appeared before me James Davies an acting member of the board of Police of the aforesaid County, John Deal Esq. of the aforesaid County, and (illegible) & sayith that he did know Frederick Rester & Louisa Rester, since the year one thousand Eight hundred and nineteen, and that they were considered to be lawfully man and wife, & never heard anything to the contrary to the time of his death in the year one thousand Eight hundred & thirty on the 31, thirty first of December and that he has known the aforesaid Louisa Rester to be & still is a widow and from my knowledge of the said Louisa Rester full faith and credit can be placed on her oath -
(illegibele) to, and signed before me this Eighth day of September, One thousand Eight hundred & forty nine.                  John (illegible)
In presence of James Davis                                  seal
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Treasury Department
Third (illegible) Affairs
May 8th, 1857

Sir:
I have (illegible) your letter of the 6th (illegible), with its enclosures in relation to the services of Frederick Rester, a Soldier of the Georgia (illegible) of the Army of the Revolution and in reply have to inform you that  upon examination, it appears from a Pay Roll of the 3d Company of the Georgia Battalion under the command of Capt. John (illegible) which (illegible) a period of service from the 9th June 1782 to the 4th November 1783, that Frederick Rester, a Private, enlisted the 4th September, 1782 which is all the information records of this (illegible) forewith in relation to that soldier.  The power of Attorney (illegible) is herewith returned.

Respectfully
Your Ob. Servant
(illegible ) (illegible) (illegible)

Isaac N. Coffin Esq.
Washington City  D.C.
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House of (illegible)
Jany. 13 1850
Hon. J. S. Edwards
Com. of Pensions

Sir
Enclosed I have you the discharge of Frederick Rester a private soldier in the Revolutionary war together with other papers.  Mrs Louisa Rester the widow of Frederick (illegible) than to my care with a request that I will make inquiry asto whether she is entitled to any thing from Government - and if any thing how much, and secondly asto whether the enclosed papers are sufficient - and if not she asks advice how she shall proceed  Will you (illegible) (illegible) at your earliest (illegible) to answer these inquiries.  Mrs Rester is now very old and (illegible) and (illegible) (illegible), I (illegible) (illegible) and early decision of her rcase.

Very Respec
Your obd Sv
A G Brown
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Mobile  August 9th/50

Col A. G. Brown

Dear Sir

Enclose, I send you Mrs Louisa Resters Declaration with such evidence in her case as can be obtained which I hope will be sufficient to entitle her to what the Government intended no doubt  she should have  I have not been able to get any thing from Georgia with regards to it  But it is sertain Fredrick Rester, did serve as a soldier in the Revolution from his papers as forward you last Spring and altho it may be desireable the (illegible) of the length of time of servis (illegible) but in the absence of such proof  I hope it will not for he as from such proof as is (illegible) these terms to be not a doubt left of her being, one of the Very persons the law intended to benefit and hope you will be able to succeed in getting her claim established
Yours Very Respectfully
A M Griffin
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The State of Mississippi
Harrison County

Personally appeared before me James Davies, an Acting member of the board of Police for the aforesaid County, William Lewis of the aforesaid County, who deposith, & sayith that he knew Frederick Rester, and Louisa Rester while they both lived in the State of Georgia, & in Bullock County, and that he never heard to the contrary, but that said Frederick Rester and Louisa Rester were lawfully man and wife. and that he knows the aforesaid Louisa Rester to be the widow of the said Frederick Rester, and from his knowledge of the aforesaid widow, consider that full faith and credit should be given to her oath
Sworn to, and signed before me this Eighth day of September One thousand Eight hundred & forty nine/1849 In presence of William Lewis
James Davis     seal
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House of Repr.
Aug. 17 1850

D Sir
Some months since I corresponded with you on the subject of Louisa Rester's pension.  I think it was in  Jany or Febr.  I now transmit additional testimony & hope it may (illegible) (illegible)  sufficient to justify you in (illegible) (illegible) (illegible) - This (illegible) (illegible) is on file
Yours truly
A G Brown
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The State of Mississippi
Harrison County

Personally appeared before me James Davis an Acting Member of the board of Police of the aforesaid County, David Rester who Deposette & sayith that he is the oldest son of Frederick Rester & Louisa Rester, & that he never heard, but that the said Frederick Rester & Louisa Rester, his parents were lawfully man and wife, and continued so to live until the death of my father Frederick Rester in December the Thirty first One Thousand Eight hundred & Thirty 1830 and that my mother Louisa Rester has ever since remained a widow of the said Frederick Rester 
Sworn to, and signed before me this Eighth day of September, One Thousand Eight hundred & forty nine.     David Rester
In presence of James Davis     seal
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By Major JOHN HABERSHAM, commanding the Georgia Battalion, in the Service of the United States of America.

In Pursuance of a Proclamation issued by his Excellency GEORGE WASHINGTON, Esquire, Commander in Chief of the Armies of the United States of America, bearing Date the 4th Day of November last, the Bearer hereof, Frederick Rester, a private Soldier in the said Battalion, is discharged from the same, he having been enlisted to serve for two Years, if the War should continue so long, which Engagement he has fulfilled as a good and faithful Soldier.

Given at Savannah, in Georgia, the 10th December, 1783
John Habersham
All concerned.
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Frederick Rester (Ga.)
R 8707
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AGreeable to a Resolution of Congress, bearing  date the 26th of May, 1783, the Bearer hereof Frederick Rester of the Georgia Regiment has leave of Absence until called upon by proper Authority to join his Corps, or is finally discharged.  John Habersham
(illegible) 5        Major Commander
July (illegible)
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State of Mississippi
County of Harrison

The declaration of Louisa Rester made before C E Crane Judge of the probate Court of the County State aforesaid in accordance with the act of Congress passed July 7th 1838 granting half pay & pensions to certain widows.
Louisa Rester states that she is the widow of Frederick Rester deceased who died in the then County of Perry  but now Harrison County on the thirtieth day of December One Thousand Eight Hundred & Thirty that she was married to said Frederick Rester at about the age of Sixteen in Bullock County in the State of Georgia from which place she moved with her husband to the State of Mississippi with whom she lived until his death.  That she has remained a widow from his death to the present time.  That she is now nearly Eighty Two years of age as will appear by the family Record now sent.  (illegible)  (illegible) Louisa Denmark (her maiden name) was born October 17th 1768 that she is too old and infirm to attend at the Court House of Harrison County and has therefore made this her declaration before the Judge of the Probate Court that the leaf of the family record which is hereto attached was taken from the Bible which she brought with her from Georgia and she knows of no persons living by whom the same can be established

State of Mississippi
Harrison County  (illegible)

Personally appeared before me C. E Crane the Judge of Probate in and for said County the above named Louisa Rester who made oath as follows. I, Louisa Rester do solomnly swear that the matters and  (illegible) set forth in the above (illegible) are just and true to the best of my knowledge and belief so help me God     Louisea Rester

Sworn to and subscribed before me this 11th day of June  A.D. 1850
C. E. Crane Judge of Probate             seal
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State of Mississippi
Harrison County        set

Personally appeared before me C E Crane Judge of Probate in and for said County Frederick Rester who made Oath as follows.  I Frederick Rester do solomnly swear that the afore named Frederick Rester died on the Thirtieth day of December A D. 1830 as set forth in the foregoing declaration - according to the best of my knowledge and belief so help me God                      Frederic Rester
Sworn to and subscribed before me this 11th day of June A D 1830

C E Crane Judge of Probate          seal

I C E Crane Judge of Probate in and for said County and State do hereby Certify that the afore named Louicea Rester is too old and infirm to attend at the Court House of Harrison County in (illegible) where of (illegible) my hand and seal this 11th day of June A. D 1830       C E Crane Judge of Probate      seal

State of Mississippi
Harrison County ss

I L Cleveland Clerk of the Probate Court of said County do certify that Charles E Crane whose genuine signature appears to the foregoing affidavit and certificate is now and was at the time of signing the same Judge of the Probate Court in and for the County and State aforesaid (the said Court being a Court of record) and that all his official acts as such are entitled to full faith and credit in Judication and (illegible)

In testimony so (illegible) I have hereto set my (illegible ) and the seal of said Court this 11th day of June AD 1850
L Cleveland Clk
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State of Mississippi
Harrison County   SS

I Charles E Crane Judge of the Probate Court of said County and State do certify that L Cleveland
"is now and was at the clerk of"  (this sentence is lined through)
whose genuine signature appears to the foregoing certificate is now and was at the time of the (illegible) thing   Clerk of the Probate Court being a County of Record of said County and all his official acts as such as entitled to full faith and credit in judicature and therewith).
Given under my hand and seal this 11th day of June A D 1850
C E Crane Judge of Probate      seal
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The State of Mississippi 
Harrison County

In the Probate Court of said County, At the April Term, A D 1857

Be it Remembered that in this 13th day of April A D 1857. Personally came and appeared before me George Holley Judge of said Court, in open Court, James Davis and Harvy H. Dale to me personally known as residents and citizens of said County, who being by me first duly sworn according to law, did depose and say that they were well acquainted with Louisa Rester, widow of the late Frederick Rester Sr who resided for many years in said county, and died near Red Creek in said County, on in about the 5th of August A D 1857.  That she left surviving her children viz. David Rester and Frederick Rester who both now reside in said County of Harrison  John Rester who now resides in Rankin County in this state, Hezekiah Rester who now resides in Union Parish in the State of Louisiana, Anna Ladner, wife of Carlos Ladner, who now resides in Hancock County in this state & Peggy Hunt, wife of Thomas Hunt, who now resides in Green County in this state
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that we have known said David Rester for many years ay thirty years, and have been all that time well acquainted with him, and from his appearance and his memory of events long since transfered we have no doubt he is of the age of Seventy years, which is the age he represents himself to be, and further these deponets sayith not.
James Davis
H. H. Vale
The above and foregoing affidavit was sworn to before me in open court, and subscribed by said witness this 13th day of April, A D 1857. and I am well acquainted with both of said deponents, and (the last sentence is illegible)

THE STATE OF MISSISSIPPI                     ss
HARRISON COUNTY :

I, L. L. DAVIS, Clerk of the Probate Court of said county, do hereby certify that George Holley Esq., whose genuine signature appears to the annexed affidavit & certificate is and was at the date thereof Judge of the Probate Court of said county in said State, duly elected, qualified and commissioned, and that all of his acts in the premises are and ought to be entitled to full faith and credit.
WITNESS my hand and the seal of said Court, at Mississippi City, this 13 day of April A. D.  1857
L. L. Davis - Clerk.
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that we have known said David Rester for many years ay thirty years, and have been all that time well acquainted with him, and from his appearance and his memory of events long since transfered we have no doubt he is of the age of Seventy years, which is the age he represents himself to be, and further these deponets sayith not.
James Davis
H. H. Vale
The above and foregoing affidavit was sworn to before me in open court, and subscribed by said witness this 13th day of April, A D 1857. and I am well acquainted with both of said deponents, and they are men of thebest character for honesty and integrity, and are worthy of the fullest faith and credit
Given under my hand and seal the day and year aforesaid
George Holley       seal