Revolutionary War Pension and Bounty Land Warrant Application File S. 1850, for Henry Magert, Virginia

SERVICE
NUMBER
Va.
Magert, Henry
S 1850
Carded.
CONTENTS

See letter 26 March 1832 to Mr. John Blair.
Deceased
Letter to Genl. Anderson 23. Oct 1838.
Paid at the Treasury under the Act of the 6 April 1838 from 4 March 1837 to 4 Sept 1837. Age notified 3. Nov 1838
Paid as above from 4 Sept 1837 to 4 Sept 1838. Age notified died 5 th July 1839
Paid as above from 4 Sept 1838 to 4 March 1839. Age notified 7. Aug 1840
Letter to S. R. - to Genl. Anderson 15 th July 1841.
Paid as above from 4 March to 4 Sept 1840. Age notified 21. July 1841.
5573-
Donelborough Agency-
Henry M'Gart Jr.
of Sullivan in the State of Tennessee who was a Pvt. in the Company commanded by Captain Baker - of the Regt. commanded by Col. Stoll - in the Ba. - line for 8 months from 1780-
Inscribed on the Roll of Donelborough Agency at the rate of 20 - Dollars 66 - Cents per annum, to commence on the 14th day of March, 1831.
Certificate of Pension issued the 12 th day of Feb. 1833 - and sent to Mr. John Blair, Esq. of Reps.
Arrears to 14th of Sept 1832 39.99 Pension and allowance ending 4 Mar. 33 13.33
53.32
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by Nathan Rice Clerk, Book 2 Vol. 0 Page 207

State of Tennessee } Sullivan County } August Session 1832
On this 22 nd day of August 1832, personally appeared, before the Justices of the Court of Pleas & Quarter Sessions in open Court Henry Marget or a Resident of the County of Sullivan and State of Tennessee aged 71 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 July 7 th 1832, that he entered the service of the United States under the following named officers and served as follows herein stated He states that in the year 1780, or 1781, he substituted in the room of Philip Hite in Rockingham County in Virginia, where who was drafted for two months and marched under Capt n Roker Maj r Hamilton & Col n Moll. to Portsmouth in Virginia he remained there some days and from then marched law down in North Carolina, from then he was marched into South Carolina, near Camden from then he was marched back and camped some time at Sandy Point, where he remained some days expecting a battle with the British when he was discharged by Capt n Hoken, whether his discharge was written or verbal he was not now recollect, and to his knowledge often

having been in the service going and returning all together about Three months
He states that Shortly after he returned home from the Tour above stated he was drafted in Rocking- ham County Va. to go against Cornwallis to intercept his march to Albemarle where there were some British prisoners stationed and he was marched near Richmond where he was discharged by Capt. Beasley or Capt. Frase which of the two he does not now recollect as he was out in the service under both of S d Capt s one immediately after the other. He thinks he received a written discharge. He states that immediately after he returned home after having served about two months in S d Tour he was again drafted in S d County for two months and placed under one or the other of the above named Capt s but which of the two he does not now recollect. He does not recollect the names of officers, as he was young and inexperienced. He states that he was marched on to York Town and remained remained there until within three or four days of the surrender of Cornwallis when his time of service expired and he was discharged by whichever of the two above named Capt s he was under he believes his discharge was in writing. He states that

he was in actual Service S r Four two months and in traveling to and from York Town here in all amounted to over three months. he states that the 10 th June he served. he was in a Skirmish with the Tories and British, in where two of the americans were killed. he also states that Cornwallis Army were encamping York Town for some days. but there was no particular engagement during my stay at that place.
He hereby relinquishes every claim whatever to a pension or annuity except the present and that his name is not on the pension roll by of the agency of any State. he states that he has no documentary proof by which he can establish his S r . Service. and that he knows of no person whose testimony he can prove who can testify to his Service.
Henry his Magist S r March 12
Sworn to and subscribed the day and year aforesaid We John Anderson & Lewis Faust both Residents of the County of Sullivan and State of Tennessee hereby certify that we are well acquainted with Henry Magist and believe him who has sworn to the above declaration that we believe him to be 71 years of age that he is respected and beloved in the neighborhood where he resides to

have been a Revolutionary Soldier and that we concur in that opinion. They further state that the said Henry Maggart is now wholly blind, & deprived of any means of acquiring a livelihood.
John Anderson
Lawrence Forest mark
And the sd Court do hereby declare their Opinion that the above mentioned applicant was a Revolutionary Soldier and served as he states - the said Court having then investigated the matter, and after perusing the interrogatories presented by the War Department And that Henry Maggart John Anderson & Lawrence Forest are respectable Citizens of said County and reputable, being credible Jurors and their Statements entitled to credit and the said Court further certifies that there is no Clergyman residing in the neighbourhood of this applicant.
Henry Maggart for John Anderson under act of 1832 3684
I Richard Rutherford Clerk of the Court of Pleas & Quarter Sessions do hereby certify that the foregoing contains the Original proceedings of the Court in the application of Henry Maggart for a pension.
In testimony whereof I have hereunto set my hand and seal of office this 22 nd August 1832 Richard Rutherford Clerk By J. W. Rutherford D. Clerk

TREASURY DEPARTMENT,
Second Comptroller's Office,
June 27 th , 1839.
Sir:
Under the act of the 6th of April, 1838, entitled "An act directing the transfer of money remaining unclaimed by certain Pensioners, and authorizing the payment of the same at the Treasury of the United States," Henry Maggark, a Pensioner on the Roll of the Jonesborough, Tenn. Agency, at the rate of Twenty six Dollars and Sixty six Cents per annum, under the law of the 7 th June, 1832, has been paid at this Department, from the 4 th of Sept., 1837, to the 4 th Sept., 1838.
Respectfully, yours,
William B. Parsons Comptroller.
To the Commissioner of Pensions,
Present.

TREASURY DEPARTMENT,
Second Comptroller's Office,
July 16 th , 1841.
Sir :
Under the act of the 6th of April, 1838, entitled "An act directing the transfer of money remaining unclaimed by certain Pensioners, and authorizing the payment of the same at the Treasury of the United States," Henry Magerh, S r , a Pensioner on the Roll of the Jonesborough Pen. Agency, at the rate of Twenty Six Dollars and 66 Cents per annum, under the law of the 7 th June 1832, has been paid at this Department, from the 4 th of March, to the 4 th Sept. 1840.
Respectfully yours,
W. B. Lattimer Comptroller.
To the Commissioner of Pensions,
Present.

TREASURY DEPARTMENT,
Second Comptroller's Office,
January 1 st 1840.
Sir:
Under the act of the 6th of April, 1838, entitled "An act directing the transfer of money remaining unclaimed by certain Pensioners, and authorizing the payment of the same at the Treasury of the United States," Henry Maggart, Sen: — a Pensioner on the Roll of the Jonesborough Gen. Agency, at the rate of Twenty six Dollars and Sixty Six Cents per annum, under the law of the 7 th June 1832, has been paid at this Department, from the 4 th of Sept. 1838, to the 4 th March 1839.
Respectfully, yours,
William H. Parris Comptroller.
To the Commissioner of Pensions,
Present.

Treasury Department,
Second Comptroller's Office,
Oct r 27 1838
Sir:
Under the act of the 6th of April, 1838, entitled "An act directing the transfer of money remaining unclaimed by certain Pensioners, and authorizing the payment of the same at the Treasury of the United States," Henry Marget Senior a Pensioner on the Roll of the Jonesboro' Inv. Agency, at the rate of Twenty six Dollars and Sixty six Cents per annum, under the law of the 7 th June 1832 has been paid at this Department, from the 4 th of March 1837 to the 4 th Sept. 1837
Respectfully, yours,
Abdoo E. Parr Comptroller.
To the Commissioner of Pensions, Present.

New Nat.
1850
INVALID.
File No. 1850
Henry Mager, Jr. Ph. Va. Line.
Act: June 7, 1892.
Index:—Vol. R , Page 234
[Arrangement of 1870.]

BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of
Henry Magert further proof or explanation.
which require
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?
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?
Two Citizens
XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it?
yes
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 has produced a witness or witnesses as to his service, has the magistrate who administered the oath certified that he, she, or they are persons of credibility? _____
Has the official character and signature of the magistrate been certified by the proper officer under his seal of office? _____
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? _____
XVI. ‡ Are the papers authenticated as the regulations direct? yes
XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered? 12 17
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 the 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.
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 authenticated 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 end 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.
State of Tennessee Sullivan County } On this 26 day of January 1833  David Shaver one of the acting Justices of the peace in and for said County. Henry Maggart an applicant for pension, and in order to remedy the objections in red ink in the foregoing brief as Nos 5. & 17 and made oath that under the several engagements set forth in his declaration he served in the whole nine months, including the time going & return- -ing to & from the places to which he marched in the Revolutionary war and eight months exclusive of said travel . That he was born in the County of Shenandoah State of Virginia on the 24 day of March 1761. That he has record evidence of his age in his possession

That his recollection is good as to the officers under whom he served tho' he may have confounded the different officers, & not assigned them the proper. Yours being very young & inexperienced at the time of performing his said service. He recollects that Col Washington was in command at York Town, and a French army also.
That John Anderson Esq. Flours cottage of his vicinity are well known to him & have proved his veracity, as also the neighborhood reputation of his services.
Sworn to & subscribed before me this date first written. For. David Shaver J.P.
Henry his Villagene Mark Geo. J. Blair
Feb. 1780 York Town A 26
I know David Shaver Esq. to be an acting Justice of the peace for Sullivan County & the above attestation to be in his own proper hand writing.
Washington City Feb 5 th 1833
John Brown Mc