Revolutionary War Pension and Bounty Land Warrant Application File S. 16384, Richard Fretwell, Va.

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(3-1778)  

SERVICE NUMBER  

Va. Fretwell; Richard  S.16384  

carded  

CONTENTS

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16.601 
Georgia 
Richard Fretwell  
of Newton Co. in the State of Georgia was a private in the Company commanded by Captain Holcombe of the Regt. commanded by Col. Lawson in the Va nw line for l yr 

Transcribed on the Roll of Georgia at the rate of 40 Dollars 00 Cents per annum to commence on the 4th day of March, 1831.  

Certificate of Pension issued the 1 day of Sept. 1833 and sent to J. McCutchen Present

Arrears to the 4th of September 1833 $100.00 Semi-anl. allowance ending March 34 20.00
$120.00 

Revolutionary Claim Act June 7, 1832

Recorded by W. L Williams Clerk
Book C Vol. 6 Page 90

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S6.397.
Richard Fretwell
Newton Co
Georgia
Adm 1. year
$ 40.-
Jno McCutchen
Washington City

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WAR DEPARTMENT,
Pension Office.

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

A Statement, showing the service of Richard Fretwell
[column headings: Period when the service was rendered. Duration of the claimant's Service Years Months Days. Rank of the claimant. Names and ranks of the Field officers under whom he served. Age at present, and place of abode when he entered the service. Proof by which the declaration is supported.

[column entries] Enl 1776 Armorer Cap. Holcombe, Maj. Bele [Beall], “ Blount, Col Lawson, Gen Scott, “ Washington. 80 years, Cumberland Co Virginia. 

I am, respectfully, 
Your obedient servant, 
J.L. Edwards,
Commissioner of Pensions.

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REGULATIONS UNDER THE ACT OF JUNE 7, 1832.
The following regulations have been adopted: This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army,
under the 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 in 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 _ 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 7 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 entered the service; the battles, if any, in which he was engaged, and the country through which he marched.  
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 dad rear 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 neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.
Sworn and subscribed the day and year aforesaid. [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 Revolutionary 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.
I _ Clerk of the Court of _ do hereby certify 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, 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 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

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alleged service, as they are known at the Department. A very full account of the services of each person 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 the answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of 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 of
Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein 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.
[footnotes at bottom of page]
[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 ser ed; 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 entitled. 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  uly 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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Georgia
Richard Fretwell's
Declaration-

Geo. 26394
Covington Ga
26th Dec 

Paid 25
Henry S. Handy. Esq.
Washington City,-
District of Columbia.

look on Va Cout roll
John McCutchen 
Washington City

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State of Georgia
North County SS

On this Twenty-fourth day of December Eighteen hundred and Thirty-two, personally appeared before the Inferior Courts of the aforesaid County and State, Richard Fretwell, a resident of Newton County and State of Georgia, aged Eighty years, Who being 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 7th 1932. 
That he enlisted in the Army of the United States in the year Seventeen hundred and seventy Six, with Capt. Holcombe, and served in the fourth regiment of the Virginia line, under the following named Officers: I enlisted and served under Capt. Holcombe, Majors Bell [Beall] and Blount, Colo. Robert Lawson, Brigd. Genl. Charles Scott, and Genl. George Washington, Commander in Chief.
I resided in Cumberland County State of Virginia, at the time I entered into the service of the United States; I went into the service  in Seventeen Hundred and seventy seven, and was regularly discharged in the Spring of Seventeen Hundred and seventy eight, by Genl. Charles Scott, having hired a substitute for the remaining part of the 3 years for which 
I had enlisted.
I marched to the North through Maryland, Delaware, Pennsylvania, and New Jersey to the Hudson River. I was not in any engagement during the time of my  enlistment, being employed in the Armory repairing guns, etc. After my discharge, I was in the service during the war, as a volunteer, under Capt. Ambrose Nelson, Lieut. John  Woodson, Ensign Benjamin Allen. I was in the Battle of Guilford [Courthouse] under the aforesaid Officers, and Colo. Holcombe and Genl. Green[Greene] 
My dwelling house and all my goods and papers together with my discharge from the Army was burned up in this state, (Georgia) in Seventeen hundred and Eighty-nine, in the month of February

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I hereby relinquish every claim whatever to a pension or annuity, except the present, and declare that my name is not on the Pension 
Roll of any Agency in any state.

Sworn to and subscribed the day and year aforesaid.
Richard Fretwell [his mark] X
Cary Wood JIC

And the said Court do hereby declare there
opinion that that the above named applicant was a Revolutionary soldier and Served as he States.
Cary Wood J.I.C
Wm D Congers J.I.C
H. Luckie  J.I.C

I James Frimble Clerk of the Inferior Court do hereby Certify that the foregoing Contains the original proceedings of the said Court in the matter of the application of Richard Fretwell 
for a pension . In testimony whereof I have hereunto Set my hand and Seal of office this 24th day of December 1832
James Frimble. Clerk 

[round illegible seal bottom lef]

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Mr. Henry S. Handy. Esq.
Sir, 
Should there be any difficiency in the aforesaid Declaration, Or any other testimony necessary, 
you will pleas notify the Subscriber; or on any business relative to the matter respecting my Father's claims;
as he has appointed me his agent, &c.-
You will direct to the subscriber as follows
Covington Newton County, Georgia.-
Decr. 25th 1832.
Leonard Fretwell.

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February 28, 1939.

Atn. Gina Patterson [illegible]
[illegible] Shadowlawn, Avenue, N. E.
Atlanta, Georgia.

BA-J/ILL
Richard Fretwell
S. 16384

Dear Madam:

Reference is made to your letter in which you request
the Revolutionary War record of Richard Fretwell, who was a
pensioner of Newton County, Georgia.

The data which follow are found in the papers on file in
pension claim S. 16384, based upon service in the Revolutionary
War of Richard Fretwell.

He enlisted in 1776 or 1777, and served as private in
Captain Holcombe's company, Colonel Robert Lawson's Virginia regiment,
from which he was discharged in the spring of 1778; during said
service, he marched north through Maryland, Delaware, Pennsylvania
and New Jersey to the Hudson River, and was engaged principally in
the Army. He enlisted later and served as private in Captain
Ambrose Nelson's company, Colonel Holcombe's Virginia regiment,
and was in the battle of Guilford, specific dates of this service not 
given.

The soldier resided in Georgia early in 1789; his house
was destroyed by fire there in February 1789.

Richard Fretwell was allowed pension on his application executed
December 24, 1832, at which time he resided in Newton County, Georgia.
The soldier gave his age then eighty years, but did not state the date
and place of his birth, nor the names of his parents. He did not give
the name of his wife, nor the date and place of their marriage.

When the soldier made application for his pension, his son,

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Leonard Fretwell, resided in Newton County, Georgia, his post office
address, Covington.

In order to obtain the name of the person to whom the last
payment of pension was made, and possibly, the date of death of this
pensioner, yes should address The Comptroller General, General
Accounting Office, this city, and cite the following -

Richard Fretwell
Certificate #16601
Issued September 6, 1833
Rate $40. per annum
Commenced March4, 1831
Act of June 7, 1832
Georgia Agency.

Very truly years,

A. D. Hiller,
Executive Assistant
to the Administrator.

2.

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January 7, 1959

BA-J/00
Richard Fretwell, s.16384

John Hart, s.13320

Mr. Guy H. Wells
Georgia State College for Women,
Milledgeville, Georgia.

Dear Sir:

Reference is made to your letter in which you request the
Revolutionary War record of Richard Fretwell, a pensioner in
Newton County, Georgia in 1840, and of John Hart of North Carolina.

You are furnished herewith the Revolutionary War records
of Richard Fretwell and John Hart.

Very truly yours

A. D. Hiller,
Executive Assistant
to the Administrator.

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January 7, 1939.
BA-J/CC
Richard Fretwell
s.16384

Mr. Guy H. Wells,
Georgia State College for Women,
Milledgeville, Georgia.

Dear Sir:

The data which follows were obtained from the papers in
the claim for pension on file under s.16384, based upon service
in the Revolutionary War of Richard Fretwell.

The date and place of birth and names of parents are not
showe.

While a resident of Cumberland County, Virginia, Richard
Fretwell enlisted in 1776, or 1777, and served in Captain Holcombe's
company, Colonel Robert Lawson's Virginia regiment and was discharged
in the spring of 1778, during which term of service he was
engaged in the armory repairing guns for the army. He rendered
subsequent service during the war and served in Captain Ambrose
Nelson's company, Colonel Holcombe's Virginia Regiment and was
in the battle of Guilford.

Richard Fretwell was allowed a pension on his application
executed December 24, 1632, at which time he was aged eighty years,
and a resident of Newton County, Georgia.

[writing in left margin illegible]

Date and place of death of this solder now shown.

On December 24, 1832, Richard Fretwell had a son, Leonard
Fretwell, residing in Covington, Newtown County, Georgia. There
are no other family data shown.

In order to obtain the date of last payment of pension, name
and address of person paid, and possibly the date of death of 
soldier, you should apply to the Comptroller General, General

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Accounting Offices, this city, and cite the following:

Richard Fretwell
Certificate #16601
Issued September 6, 1833
Rate $40.00 per annum
Commenced March 4, 1831,
Act of June 7, 1832,
Georgia Agency.

Very truly yours

A. D. Hiller
Executive Assistant
to the Administrator.

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Revolutionary War Records Section.
3-525

Department of the Interior,
Bureau of Pensions.

SF 16.384
Washington, D.C.  _, 19

In reply to your request of _, received_
for a statement of the military history, Richard Fretwell
a soldier of the REVOLUTIONARY WAR, you will find below the desired
information as contained in his (or his widow's) application for pension
on file in this Bureau.

Dates of Enlistment.
1776 or 1777

Length of Service.
[illegible]
1777

Rank.
Pvt

Officers Under Whom Service Was Rendered
Captain.
Holecombe
Ambrose Nelson

Colonel.
Robert Lawon
Holcombe

State.
Va

Battles engaged in, * Guilford
Residence of soldier at enlistment, Cumberland Co Va
Date of application for pension, Dec 24 1832 [illegible]
Residence at date of application, Newton Co Ga
Age at date of application, 80 years

Remarks:
Soldiers son Leonard lived at Covington Newton Co. Ga in
1832: No other family data on file.

Respectfully,
Commissioner.

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Joseph Habersham Chapter
Mrs. Clarence Decker TEBO. Registrar
And Chairman Scholarships and Medals
12 E. Shadowlawn Ave., N. E.
Atlanta, Georgia

Jan. 23 - 1939,

Adj Gen, 
Washington D. C,

Please let me have the Rev. Service of
Richard Fretwell, of Albermarle Co. Va. & Newton Co. Ga, where Knights Roster of Rev. Solders Shows he drew a Pension in 1840 - I'd like a copy of Pension his will 1842  mentions Sgt. Naavey Burge, Too I'd like Shi-  She - Shy - data, Samuel SHI NC + Ga drew 142 acres of land in the Cherokee draw in Georgia
same recorded 1799 - his wife was
Jane Patterson of N.C - buried in Morgan Co. Ga, 1817 -
Thank you for a prompt reply.
Very truly,
s/ Mrs. Alma Patterson Tebo.

[rubber stamp:]
REC'D
Jan 25 1939
Mail Sub. Div.
Vets Adm
Reader
4

Page 18

[Georgia State College seal/letterhead]
Guy H. Wells
President

Georgia State College
For Women
Milledgeville, Georgia

[rubber stamp]:
Received
Nov 26 1938
Mail Sub. Div
Vets Adm
Reader 
5

Veterans Bureau
Washington D.C.

Dear Sir: -
I have two ancestors
who fought in the Am. Revolution
and am anxious to get
parents of each for family Record -

John Hart of N. C. is listed
as pensioner in Caldwell
Co Ky in 1840 - age 88

also Richard Fretwell listed as pensioner in
Newton Co, Ga 1840 aged 87 -

Will you please have 
copy of information about
them in applications for pensioners
sent me - Will pay if you 
have charge -,

Sincerely
Guy H. Wells -

Page 19

[rubber stamp]:
Pension
o
US
Nov 
17
1915
Office.

Page 20

Social Circle, Ga
Nov. 15th 1975 [illegible]

Commissioner of Pensions
Washington D. C.
 
Gentlemen
Will you please
look and see if you can
find any record of
Richard Fretwell he fought
I think in Captain Holcombes
Co. 4th Va. Reg. some where about
1777 or 1778 will appreciate
so much This information,

Very Truly
Mrs F. G. Dunne

Page 21

16.384
Invalid.

File No. 16, 384
Richard Fretwell
Pri Rev War

Act: June 7" 32
Index: - Vol. A. Page 133

[Arrangement of 1870.]

[right page:]
1915 Nov 19 Hist. to Mrs F. G.
Dunne.
1939 Jan 7, Hist to Guy H. Wells ca
1937 - Feb. 28 - Hist to Mrs. Olna P. Tebo - SLL