Revolutionary War Pension and Bounty Land Warrant Application File R. 5404, for John Hunter, Virginia

SERVICE
NUMBER
wa
Hunter, John
R 5404
CONTENTS
Two columns of horizontal lines for writing contents.

21250
John Hunter
Application for a pension

Declaration, in order to obtain the benefit of the act, of Congress passed June 7 th 1832
State of Illinois County of Wabash ss On this third day of December 1832 personally appeared in Open Court, before Ephraim Shaw, Beauchamp Harvey and John Compton Judges of the County Commission Court of Wabash County now sitting John Hunter, a resident of Mount Carmel, in the County of Wabash and State of Illinois, aged seventy years, who being duly sworn took an oath to make the following declaration, in order to obtain the benefit of the act of Congress passed June 7 th 1832 -
That he entered the service of the United States, under the following named Officers and served as herein stated. The first term he entered the service in December in the year 1780 as a substitute for his father John Hunter Sen. under Captain George Barton of Rockingham County Virginia, and was attached to Genl. Muhlenburgs Brigade, that he then resided in Rockingham County Virginia, that his Company was marched through Richmond and Manchester, to the long Bridge near Portsmouth that he was engaged in a skirmish at said Bridge with the British that served three months was discharged and returned home, that some time in the latter part of the summer of 1781. he was drafted and hired a substitute by the name of Charles Osman to serve in his place, that his said substitute served under Genl. Muhlenburg and was in the service two months that during the time his said substitute was in the service he volunteered and entered the service himself, under Captain Jacobs

Sarah Cogan, that he marched directly to York Town, and arrived there on the evening the Batteries were opened, that he served during the siege and was there when Cornwallis and his Army were taken prisoners, that at the siege he was attached to Genl. Muhlenbergs Brigade, and returned with the prisoners to Winchester, under the command of Col. Fance and served about two months at this place, that he does not know of any person by whom he can prove his services in the Revolutionary War, that he has written some time since for Affidavits of his services but has received no answer and does not know that any person is living by whom to prove the said services.
That he never received any written discharge from the service. That he was born near Hagerstown in the State of Maryland on the 27 th day of November 1762, has a record of his age at home taken from the original record in his father's family Bible, said Bible is at present in possession of Joseph Hunsicker near Lonesborough in East Tennessee,
As above stated he was living in Rockingham County Virginia when called into the service where he continued to live for about the one year thereafter, from there he removed to East Tennessee and resided there about ten years from there he removed to Madison County Kentucky, where he lived about twelve  ten years from there he removed to Montgomery County in said State and lived in the latter county about four years from there he moved to (Knox) now Gibson County in the (then Territory) now State of Indiana in the Spring of the year 1807, and that has lived there and

in Lawrence and Wabash Counties in the State of Illinois since He hereby relinquishes every claim whatever to a pension or Annuity except the present, and declares his name is not on the pension roll of the agency of any State,
Sworn to and subscribed, the day and year aforesaid
John Hunter
We James Pool a Clergyman residing in the County of Wabash and Augustus Larattite residing in the same — hereby certify, that we are well acquainted with John Hunter who has subscribed and sworn to the above declaration; that we believe him to be twenty 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
James Pool his Augustus Larattite mark
And the said Court do hereby declare their opinion after the investigation of the matter, and after putting the interrogatory propo- -sition by the War Department, that the above named Applicant was a Revolutionary Soldier and served as he states, and the Court further certify that it appears to them, that James Pool who has signed the preceding certificate is a clergyman resident in County of Wabash and that Augustus Larattite who has also signed the same is a resident in County of Wabash and is a credible person and that their statement

Pool who has signed the preceding certificate is a clergyman resident in County of Wabash and that Augustus Lavattite who has also signed the same is a resident in County of Wabash and is a credible person and that their statement
is entitled to credit
Ephraim Phe Beauchamp Harvey John Carrington
I Hiram Bell clerk of the County Commissioners Court of Wabash County, do hereby certify, that the foregoing contains the original proceedings of the said Court, in the matter of the application of John Hunter for a pension
In testimony whereof I have hereunto set my hand and affixed the seal of said Court at Mount Carmel this 3 rd day of December 1832
Hiram Bell Clerk

No. 21250
John Hunter
Wabash County State of Illinois
Rejected early 6 Months Service
Hiram Bell
Agent Mount Carmel
Wabash County State of Illinois

BRIEF in the case of John Hunter  County of Wabash in the State of Illinois  (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge? Court  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?  3. How old is he? 70 years  4. State his service, as directed in the form annexed. 
   Period. Duration of Service. Rank. Names of General and Field Officers under whom he served.   Years. Months. Days.     Sub. for In 1780 John Hunter 3 Private Gen. Capt. George Baxter Gen. Muhlenburg   Drafted " 1781 but hired a substitute by the name of Chas. Osmand 2 " Capt. Jacob Boger   Vol about + who served time out 2 "  
 5. In what battles was he engaged? York Town  6. Where did he reside when he entered the service? Rockingham County Virginia  7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls? Traditional  8. Are the papers defective as to form or authentication? and if so, in what respect? not properly attached 
I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
Darius D. Davidson
Examining Clerk.

Act of June 7. 1832.
Rejected claim of John Hunter See.
Power of Attorney to examine claim.
Chas. L. Tucker. Atty. Present

Know all men by these presents: That I, Isaac Hunter, a son and legal heir of John Hunter, who who was a private soldier in the Revolutionary war, do hereby irrevocably constitute and appoint Charles E. Tucker, of Washington City, D. C., my true and lawful agent and Attorney to prosecute the Claim of for any amount of Revolutionary Pension or increase of Pension that may be due under the provisions of the act of or any other act or resolution of Congress, and I hereby authorize my said Attorney to examine all papers and documents in relation to said claim on file in the Department at Washington City, or elsewhere, to file additional evidence or arguments, and to receive the Certificate which may be issued for said claim, and to appoint one or more substitutes under him for the purposes herein expressed; and to do all things that I might or could do, were I personally present. Hereby ratifying and confirming all that my said Attorney may do in the premises.
Witness my hand and seal this 23 rd day of January 1854.
In presence of } W m M. Harmon }
Isaac W. Hunter
State of Illinois } ss. Wabash County }
On this 23 rd day of January, 1854, before me, W m M. Harmon, a Justice of the Peace in and for the County and State above mentioned personally appeared Isaac W. Hunter and acknowledged the

foregoing power of attorney to be his act and deed for the purposes therein mentioned. W m M c Harmon, J. P. seal
State of Illinois } ss. Wabash County } On this 23 rd day of January, 1854, before me, W m M c Harmon, a Justice of the Peace, in and for the County and State aforesaid, personally appeared Isaac Hunter, a resident of said County, and made oath according to law that he is the identical Isaac Hunter who executed the foregoing Power of attorney, and that he is directly interested in said claim, and makes this affidavit to be filed with such additional evidence or arguments as my said attorney may use in prosecuting said claim.
Isaac, M c Hunter seal
Sworn to subscribed and sealed before me the day and year first above written W m M c Harmon, J. P. seal
State of Illinois } ss. Wabash County } I, James S. Johnston Clerk of the County Court of the above named County and State, do hereby certify that W m M c Harmon, before whom the above and foregoing affidavit and acknowledgment were made and who has there- unto signed his name, was at the time of so doing a Justice of the Peace, in and for the county and State aforesaid, duly commissioned and sworn, and that all his official acts as such are entitled to full faith and credit.
In testimony whereof, I have hereunto signed my name and affixed my official seal this 23 rd day of January, 1854. James, S. Johnston, Clerk

Acted 7 th June 1832
See letter 23 d April 1833
To
Hiram Bell Esq
Mount Carmel
✓ 40 Wabash County
4 Illinois
Rejected

Let to Hon. J. H. ... 34 ... 1845

Mount Carmel Illinois Sept 15 th 1832
Dear Sir
Enclosed are two applications for pensions under the late act of Congress if any further evidence should be necessary, you will please let me know, (or the applicants)
Yours Respectfully
Hiram All
L. L. Edwards Esq.

BRIEF objections to the admission of Pension Claims , of which those answered in the negative, in red ink, will apply to the claim of John Hunter which require further proof or explanation.
I. Does the declaration show where the applicant resides? yes II. Did the declarant make the declaration in the county where he resides? yes III. If the applicant did not make the declaration in the county where he resides, is there any reason assigned for his not doing so? IV. Has the declarant mentioned the period or periods of the war when he served? yes V. * Has he mentioned 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? no VI. Has he given the names of the officers under whom he served, in conformity with the regulations? yes VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832? yes VIII. Has the Court given their opinion? yes IX. Has the Clerk given his certificate? yes X. Is the Clerk's seal affixed? And if so, has it a device or inscription by which it can be distinguished from any other seal? yes

XI. Has the applicant obtained the evidence of a clergyman and another respectable citizen as to their belief respecting his age and the general belief in his neighborhood relative to his revolutionary service? yes XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it? XIII. If the applicant has no documentary evidence, and has not obtained the testimony of at least one living witness, has he stated in his declaration that such proof cannot be had? yes XIV. † If the applicant's name is not found on the rolls of military service, has he produced a witness or witnesses as to his service? no If he has produced direct proof as to service, has the magistrate who administered the oath, certified to the credibility of the witness or witnesses? Has the proper officer certified to the official character and signature of the magistrate as the regulations direct? XV. Does it appear from any of the papers that the witness was in such a situation, or of such an age, as to have a personal knowledge of the applicant's service? no XVI. ‡ Are the papers authenticated as the regulations direct? no XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered?
 EXPLANATORY NOTES.
* QUERE V. 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 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 shewn 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.
QUERE XIV.  Proof of Service.
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 claimants 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.
QUERE XVI.  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 paper 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.
In every case where the clerk of the court, or other certifying officer, 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.

5404 P. O.
John Hunter Service:
REJECTED
Enlisted: _____, 18
Discharged: _____, 18
Application filed: _____, 18
Ages: _____
Re-enlisted: _____
Attorney: _____
F. O. _____
_____ Recognized. _____ Contract.
_____ Cert. of Dis. Searched for _____, 18