Revolutionary War Pension and Bounty Land Warrant Application File R. 5766, for Hezekiah Jordan, North Carolina

SERVICE
NUMBER _____
N. b.
Jordan, Bezekiah Martha
R. 5766
CONTENTS

22131 West Tennessee
Hezekiah Gordon of Lincoln in the State of Tennessee who was a private in the comd commanded by Captain Sprout & of the regt commanded by Col. Buncomb in the Maury line for 6 months and 14 days
Inscribed on the Roll of West Tennessee at the rate of 21 Dollars 53 Cents per annum, to commence on the 14th day of March, 1831.
Certificate of Pension issued the 27 day of Sept r 1833 and applicant has of Davis Eastland Nayteville Arrears to the 14th of Sept r 53.87 Semi-ant. allowance ending 4 March 10.77 $64.64
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by Dan Boyd Clerk, Book 6 Vol. 7 Page 85

Martha Jordan widow of Hezekiah Jordan a Revolutionary Pensioner
Application for Pension under the Act of Feb. 1842 5. 1853.
Geo. M. Jones No. of Reps

State of Tennessee County of Lincoln
On this 18 th day of April 1854 personally appeared before me Spencer Leatherwood an acting Justice of the peace in and for said County of Lincoln State of Tennessee Martha Jordan a resident of the County & State aforesaid aged about eighty eight years who first being duly sworn according to law doth on her oath make the following declaration in order to obtain the benefits of the provision made by the act of congress passed on the 3 rd February 1853 granting pensions to widows of persons who served during the Revolutionary War that she is the widow of Hezekiah Jordan who was a private in the war of the Revolution as will appear from the records in the pension office at Washington City as the said Hezekiah Jordan had drawn a pension before his death. She further declares that she was married to the said Hezekiah Jordan in the year one thousand eight hundred & twenty three that her said husband died on the day of June August A D one thousand eight hundred & thirty nine that she was not married to him prior to the second day of January eighteen hundred but at the

here above stated she further declares that she is now a widow. Said Jordan saw her possession of the Agency at Huntsville Alabama & at Pulaski Tennessee for Martha Jordan Jordan sworn to and subscribed before me the day & date above written
Spencer Leatherwood Justice of the peace for Lincoln county
State of Tennessee Lincoln County } I Spencer Leatherwood an acting Justice of the peace for said Lincoln County do hereby certify that Martha Jordan the above named applicant on the account of old age & infirmity is not able to go to the town of Fayetteville where the regular courts for Lincoln county are held Witness Spencer Leatherwood Justice of the peace for Lincoln County
Spencer Leatherwood Justice
State of Tennessee Lincoln County } I George Cunningham Clerk of the County Court of said Lincoln County hereby certify that Spencer Leatherwood whose name appears to the two foregoing Affidavits, is now and was at the date of the same an acting Justice of the Peace for

said County duly Commissioned and qualified as such and all his official acts are entitled to full faith and Credit - I further Certify that the signatures aforesaid are genuine.
Given under my hand and seal of office at office in Fayetteville this 22 nd day of April 1854
George Cunningham Clerk,

no 22996
Hezekiah Jordan Lincoln County Tennessee
from 1776 private 6 months & 16 days
$21. 55 100
43 12 10 77 53 87
25 2
Hezekiah Jordan, care of Davis Eastland Fayetteville Tennessee

WAR DEPARTMENT,
Pension Office,
May 7  to 1833
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 subjunctive notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will shew what is necessary to be done. Those points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus: { ). You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your claim.
A Statement, shewing the Service of Nehemiah Jordan Lincoln County Tennessee
   Period when the service was rendered. Duration of the claimant's service. 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 declaration is supported.   Years. Months. Days.     Vol Jan 1776 - - 14 private Capt Sprouts Marched to 81 years attached to 5 th Reg t North Carolina Troops   Draft 1776 about 1 - private Capt Cullen Wilmington Johnson Traditionary evidence   End of 1776 not stated Capt Ward Col Brimcomb N. Carolina County North Carolina Witnesses & credits papers correctly authenticated   Marched to   Wilmington   to South Genl   chose about   Sept. 1776   left & obtained a furlough.  
* Applicant states that he enlisted for 3 years, but obtained a furlough & heard a substitute, Aug. 1 st 1776 and served no more during the war.
I am, respectfully,
Your obedient servant,
J. L. EDWARDS, Commissioner of Pensions.

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 } ss. County of }
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 provision made by the act of Congress, passed June 7th, 1832. That he enlisted in the Army of the United States in the year (d) _____, with _____ and served in the _____ (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. 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 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 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 traditional 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.
[a] The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance.
[b] The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not conforming to the rule.
[c] The age of the claimant must invariably be mentioned.
[d] The declarant must mention the period or periods of the war when he served.
[e] Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the 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. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. 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 , is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state that they served two years in the militia, &c. without specifying the tours, the names of the officers, and other particulars respecting their 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.
[k] 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 note [j] applies to continental troops only.
[l] This traditional evidence is indispensable in militia cases.
[m] If a witness cannot be found, the declarant must state the fact.
[n] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.

State of Tennessee Lincoln County \equiv County Court January Term 1833
On this 25 th day of January 1833. Personally appeared before the Justices of our County Court for Lincoln County, Tennessee now sitting Hezekiah Jordan a resident of the County and State aforesaid, aged about eighty one 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 7 th 1832.
I was born in Bertie County North Carolina about the year 1751. or 1752 according to the information derived from my relations & neighbors but having no record of my age, being entirely illiterate and having lost my parents when very young I cannot tell the precise date - I resided in Johnson County North Carolina, when I first entered the service, which I think was in January 1776 when I volunteered in Capt. Spruill's Company in Cumberland County N. Carolina, and was stationed at Capt. Spruill's house for about two weeks in order to watch the movements of the Tories in that part of the country about the time that the battle was fought against the Tories, by Col. Caswell at the place called the Widow Moore's Bridge - I think I was only about two weeks on this tour - About the last of February or first of March following I was drafted in Johnson County N. Carolina in the Company under command of Capt. John Muller. - we marched to Wilmington N. Carolina, where we staid a short time, and then

were permitted to return home, having been in service about one month - About the first of April of the same year I enlisted in the service, under Capt William Ward, & but wholly for the term of three years in Johnston County, and was attached (as I now think) to the 2 nd  of North Carolina Regiment, which was commanded Col Buncombe & Lieut. Col. Irwin & Major Dawson, we were marched from Johnston County, through Duplin County, and on to Wilmington where we joined the forces under Genl Moore. Here we were stationed and helped build the Barracks about the time that Independence was declared I continued at Wilmington until about the last of August or first of September, when in consequence of a very severe spell of sickness, I obtained a furlough to return home (which I have lost) and was a considerable part of the way hauled home in a cart about 120 miles from Wilming- ton, and before I recovered from my sickness so as to be able to return to service I procured a substitute to go in my place by the name of John Jordan and I was not engaged in service any more during the war - Before about the close of the war I moved to Henry County Virginia, thence to Guilford County East Tennessee, thence to Madison County Ala. thence to Lincoln County Tennessee where I now live I have lived for many ten years. -
I hereby relinquish every claim whatever to a pension or annuity except the present declared that my name is not on the pension roll of any agency of any state -
Sworn to & subscribed in open court the day & year aforesaid - His  Hezekiah Jordan mark Robt Hoge clk

We James Childers a clergyman residing in Lincoln County Tennessee, and John H. Norton, residing in the county & state aforesaid, hereby certify that we are well acquainted with Hezekiah Jordan who has subscribed and sworn to the foregoing declaration, that we believe him to be about eighty one years of age, that he is respected & believed in the neighborhood where he resides to have been a soldier of the revolution and that we concur in that opinion - Sworn to & subscribed the day & year aforesaid — James Childers John H. Norton Not Public Clk
And the said Court 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 revolution- ary soldier and served as he states — And the Court further certifies that it appears to them that James Childers who has signed the preceding certifi- cate is a clergyman resident in Lincoln County Tennessee and that John H. Norton who has also signed the same is a resident in the county & state aforesaid and as a credible person, and that their statement is entitled to credit —
W. H. Long Sam. Ladd W. H. Smith

I Robert S Ings Clerk of the County Court of Lincoln County Tennessee do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of Ezekiah Jordan for a Pension
In testimony whereof I have hereunto set my hand and the seal of said Court at office this 28 th January 1833
Robt. S. Ings Clerk
State of Tennessee, Lincoln County 3 d Personally appeared before me the undersigned, a justice of the peace, in & for the county aforesaid Ezekiah Jordan, who being duly sworn, deponeth & saith, that by reason of old age and the consequent loss of memory he cannot swear positively as to the precise length of service, but according to the best of his recollection he served not less than the periods mentioned below and in the following grades - viz - For fourteen days I served as a private in Capt. Sproul's company - for one month I served as a private in Capt. Collins company under the command of Major Hardy Bryant - for five months I served as a private in Capt. William Ward's company under Col. Rhea's command - as to this service I claim a pension - I have no documentary evidence nor do I know of any person by whom I can prove my service - Ezekiah Jordan I never received a discharge from my present recollection -
Sworn to & subscribed Application for pension before me this 15 th July 1833
Ezekiah Jordan mark
Benjamin Rivers Justice of the peace
State of Tennessee, Lincoln County 3 d I Francis L. Mincannon Clerk of the county Court of said County, hereby certify the Benjamin Rivers before whom the foregoing affidavit was taken, as and was at the time of making the same, an acting Justice of the peace in & for said county that his said signature is genuine, and entitled to full credit.
In testimony whereof I have hereunto set my hand
To the care of Davis Eastland and affixed my seal of office this 7 th day of September 1833.
Francis L. Mincannon Clerk

REJECTED
2766
P. O. _____
Martha Jordan
Service: widow of Hezekiah
Enlisted: _____, 18 . .
Discharged: _____, 18 . .
Application filed: _____, 18 .
Alleges: _____
Re-enlisted: _____
Attorney: _____
P. O. _____
_____ Recognized. _____ Contract.
_____ Cert. of Dis. Searched for _____, 18 .

No: 4932
Martha Jordan.
Wid: of
Hezekiah, of Tennessee
State Tenn: mort. June 1 st 1857.
5766
Ad 5 B.