Revolutionary War Pension and Bounty Land Warrant Application File S. 6,167, for William Stewart, Virginia

SERVICE
NUMBER
Va.
Stewart, William
S. 6167
B. Mt. 10.005-160-55
CONTENTS

MS. A. 9. 2. 39 Apr 20/53
William Stewart
West Hartlepool
Robert Ward Va: Mil!
Ad: 16/10/55 June 32 - 51 Borthwick
W. M. Knight Present
Vol. Se-66. 2

Paid at the Treasury under the Act of the 16 April 1838. from 4 March 1839 to 4 March 1840. - Age notified 30. Dec 1840
Paid as above from 4 Sep 1839. to 4 th March 1840. Age notified 24 th March 1841.
5726
Virginia
William Stewart
of Franklin in the State of Va: who was a pri: in the Compy commanded by Captain Houston - of the Vols commanded by Col: Penn - in the Va: line for 12 mo. from 1781
Inscribed on the Roll of Virginia at the rate of 20- Dollars --- Cents per annum. to commence on the 4th day of March, 1831.
Certificate of Pension issued the 15 th day of Feb: 1832 - and Sub: Hon N. H. Claiborne. S. of Re:
Arrears to 4th of Sept 1832 50- Semi-ant. allowance ending Mar. 4 th 33 10
$40-
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by Nathan Rice Clerk Book D Vol. 7 Page 129-

Virginia Franklin County Set
On this 31 day of December 1832 personally appeared in Open Court before me the undersigned of Franklin County now sitting William Stewart a resident of said county Franklin - State of said age, being first duly sworn but has no register of his age - 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 7th June 1832 That he entered the service of the United States under the following named officers and served as hereinafter stated That he lived in Henry County the war of the re- -solution and was drafted into a company of militia commanded by Captain Stewart Harrington from Henry County Va into North Carolina and joined the Southern Army commanded by Genl Green in person - Harrington's company joined the main Army soon after the battle at Guilford the Company of Capt Stewart afterwards Col Harrington was attached to Lane's brigade the regiment the company of Harrington belonged to was command- ed by Col Penn. for a part of the time This applicant was attached to Washington's legion during the pursuit of Cornwallis from Guilford over Beef river in North Carolina - This applicant served three months and was discharged. This appli- cant was soon after his return home to Henry County drafted into a company of militia commanded by Capt George Birtz and marched to march in to Lee near Petersburg -

when he joined the army, commanded by Genl Lawson — On reaching Maubertville he was attacked with severe sickness and sent to the hospital for some time — having served three months he was discharged & returned home — on returning home he was drafted and under Capt. Terrant guarded prisoners from the Carolina line to Glasgow in Amherst County — how long he was thus engaged he cannot say — he was discharged after the service was performed and got a regular discharge — which is herewith exhibited —
The testimony of Charles Sumner in here forwa- rded to the department proves the town to be in North Carolina — The applicant is known to many in the county. To May ~ John M. Holland a member of the court to whom he refers for his character for veracity and his neighbours generally he has no other documentary evidence except the discharge above spoken of. He hereby relinquishes every claim to a pension or annuity whatever — except the present and declares that his name is not on the pension Roll of the agency of any State
In witness whereof he has hereunto set his hand the day and year above William Stewart Mark

We Charles Sumner  and Wm Brown  a clergyman residing in Frank lin County Va and a resident of the same county & state do hereby certify that we are well acquainted with Wm Stewart who has sworn to & subscribed the above declaration that we believe him to be 71 years old that he is resi- ded and believed in the neighbourhood where he resides to have been a soldier of the revolution & was concern in that affair — sworn to and subscribed the day & year aforesaid
Charles Sumner
William Brown
And the said Court doth hereby declare their opinion after the investigation of the matter, and after putting the several interrogatories prescribed by the War Department, that the said applicant was a Revolutionary Soldier and served as he states, and the said Court doth hereby certify that Charles who has signed the preceding certificate Sumner, is a Citizen of the said County, and a man of respec- tability, (there being no clergyman present) and that William Brown who has also signed the same is a resident of the said County of Franklin, and is a credible person, and that their statements is entitled to credit.
Franklin County S c
I Caleb Tate clerk of Franklin County Court do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of William Stewart for a pension.

In testimony whereof I have hereunto subscribed my name and affixed the seal of the said Court the 10 th day of December 1832 in the 57 th year of our foundation
Caleb Stowe 676
Walter Wm. Wm. Stowe
Stowe

Infliuence of Virginia from 1781, private 6 months - $20.
Rev. N. H. Fairborne

BRIEF to the case of Marshall , of Franklin  County in the State of Virginia (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? 71.  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.     In 17 3 As a Gen. capt Houston, Genl Green, Genl Lawson Col Penn, Col Math- ewton capt Britton, Genl Lawson " Ferrall,    how long out can't - not say.
 5. In what battles was he engaged? 
6. Where did he reside when he entered the service? Henry County Virginia
 7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls? 
Living & Wadsworth
 8. Are the papers defective as to form or authentication? and if so, in what respect? 
Defective no date to his service & I don't stand as required
* Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
J. Mahon
Examining Clerk.
July 25 1833

State of Virginia
County of Franklin
on this 9 day of April A.D. one thousand eight hundred and fiftyfive personally appeared before me A Justice of peace within and for the county and State aforesaid William Stewart aged 93 years a resident of the county of Franklin in the State of Virginia who being duly sworn according to law declares that he is the identical William Stewart who was a privet in the company formerly by Captain George Hartsbane and march to Gilpoard Court House from the County of Henry D.A. militia under the command General Robert Lawson and continued actual service for the term of 14 days in the revolutionary war declared by united States against Great Britain
He makes this declaration for the purpose of obtaining the bounty land to which he may be entitled under the act approved March the 3. 1855 he also declares that he has not received a warrant for bounty land under this or any other act of Congress nor made any other application therefore
William Stewart mark
and for further testimony he gives the copy of his certificate War department revolutionary Claims I certify that in conformity with laws of the united States of the 7th June 1839 William Stewart of the State of Virginia who was a private in the army of the revolution is entitled Twenty dollars per annum during his natural life commencing 1st of March and 2nd September in every year from at the war office of the united States this 15th day of February one thousand eight hundred and thirty three
Lev. C. Bell
Secretary of war
William Stewart mark
Examined Counter signed D. L. Edwards

We John F. Betz and William Davis residents of the County of Franklin in the State Virginia upon our oaths declare that the foregoing declaration was signed and acknowledged by William Stewart in our presence and that we believe from the appearance and statement of the applicant that He is the identical person he represents himself to be
John F. Betz (Seal) William Davis (Seal)
the foregoing declaration and affidavit were sworn to and subscribed before us the day and year above written and I certify that I know the affiants to be credible persons that the claimant is the person he represents himself to be and that I have no interest in this claim
J. G. Holley N.P.
desertion to Abraham Betz Hales Board Franklin B.O.VA
State of Virginia, County of Franklin } To wit:
I Robert A. Scott Clerk of the County Court in and for the County and State aforesaid do hereby certify that Smithsonian G. Holley whose genuine signature appears above, is, and was at the time of signing the same a Justice of the peace in and for the County and State aforesaid, duly Commissioned and qualified that all his official acts are and are entitled to full faith and credit.
Given under my hand and the Seal of the said Court this 10 th day of April AD 1855.
Rob. A. Scott Clerk.

ev. and 1812 Wars Section PCS/eel
May 10, 1929 Am
Mrs. Conrad F. Tynes 1 Russell Terrace Bluffield, West Virginia
Madam:
I advise you from the papers in the Revolutionary War pension claim, S.6167 , it appears that William Stewart, while living in Henry County, Virginia, enlisted in 1781, a few days after the battle of Guilford, and served three months as a private in Captain George Hairston's Company in Colonel Penn's Virginia Regiment.
Soon afterward he enlisted and served three months in Captain George Cretz's Virginia Company.
He then enlisted and served two months, ending December 8, 1781, in Captain James Tarrant's Virginia Company.
He was allowed pension on his application executed December 3, 1832, at which time he was seventy-one years of age and was a resident of Franklin County, Virginia. In 1855, he was still a resident of that county.
There are no data on file relative to his family.
Respectfully,
E. W. MORGAN Acting Commissioner.

WLS
3-1884
R
Rev. & 1812 War Section UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF PENSIONS WASHINGTON
December 18, 1928
Honorable James F. Strother House Office Bldg. Washington, D.C.
My dear Mr. Strother:
In response to your call by telephone, December 17th, I have the honor to advise you as follows:
From the papers in the Revolutionary War pension claim, S. 6167, it appears that William Stewart, while living in Henry County, Virginia, enlisted in 1781, a few days after the battle of Guilford, and served three months as a private in Captain George Hairston's Company in Colonel Penn's Virginia Regiment.
Soon afterward he enlisted and served three months in Captain George Cretz's Virginia Company.
He then enlisted and served two months, ending December 8, 1781, in Captain James Tarrant's Virginia Company.
He was allowed pension on his application executed December 3, 1832, at which time he was seventy-one years of age and was a resident of Franklin County, Virginia. In 1855 he was still a resident of that county.
There are no data on file relative to his family.
Very truly yours,
WINFIELD SCOTT Commissioner

Decemb e r 17, 1928
Telephone call:
Congressman James French Strother House Office Building,
Request for William Stewart, Franklin County, Va., 1835-Pen.2-137 and Jesse Hall, Montgomery County, Virginia, 1835-Pen.2-178
His phone Br. 595
msst

MRS. CONRAD F. TYNES 1 RUSSELL TERRACE BLUEFIELD, WEST VIRGINIA
October 26, 1928.
Commissioner of Pensions Washington D.C.
Dear Sir;
Will you please send me a copy of the pension of William Stewart of Franklin Co. Va. I would appreciate an early reply as my papers are made up and have to obtain this copy before the D.A.R. will pass on them .
Thanking you for an immediate reply
Sincerely yours,
Mrs. Conrad F. Tynes.

Chicago State Hospital Dunning Illinois Jan 19 1920
Commissioner of Pensions Washington D C
Dear Sir
Will you kindly send me personal record of William Stewart, Franklin County, Virginia, pensioner of the Revolution, placed on the roll February 15, 1833. Pension commenced March 4th, 1831.
Yours very truly
Mrs Robert B Kershaw

DEPARTMENT OF THE INTERIOR,
BUREAU OF PENSIONS.
176.167
Washington, D. C., _____, 19_____
In reply to your request of _____, received _____ for a statement of the military history of William Stewart a soldier of the REVOLUTIONARY WAR, you will find below the desired information as contained in his (or his widow's) application for pen- sion on file in this Bureau.
   DATES OF ENLISTMENT OR APPOINTMENT. LENGTH OF SERVICE. RANK. OFFICERS UNDER WHOM SERVICE WAS RENDERED. STATE.   CAPTAIN. COLONEL.     1781 Emv. Pt. George Washington Penn Va.   Emv. George Washington ✓   Emv. and disch. Dec. 8. 1781 James Sarratt ✓  
Battles engaged in, none stated
Residence of soldier at enlistment, Hampden Va.
Date of application for pension, Dec. 3 1832 His claim was allowed.
Residence at date of application, Franklin County Va.
Age at date of application, 71 years
Remarks: There is no data on file as to his family.
Respectfully,
Commissioner.

No. 84909
ACT OF MARCH 3, 1855.
Received Apr 20 th 1878.
Wm Stewart Priv.
Va. Mil.
Rev. War
10005-160-55-
S. M. Knight
Present

Pin act 7 th June 32, ver. B. D. H.

The Claim of Benjamin Franklin Strain, for Bounty land as the minor child of Saml. Strain, has been examined & suspended.
Proof must be filed that B. F. Strain, is the only minor child of Saml. Strain

TREASURY DEPARTMENT,
Second Comptroller's Office,
December 16 th 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," William Stewart , a Pensioner on the Roll of the Richmond, Va. Agency, at the rate of Thirty — Dollars and — Cents per annum, under the law of the 7 th June 1832, has been paid at this Department, from the 4 th of March 1839, to the 4 th March 1840.
Respectfully yours,
Almon L. Larrabee
Comptroller.
To the Commissioner of Pensions, Present.

Westward & Virginia

BRIEF objections to the admission of Pension Claims , of which those answered in the negative, in red ink, will apply to the claim of Wm Stewart which require further proof or explanation.
I. Does the declaration show where the applicant resides? II. Did the declarant make the declaration in the county where he resides? 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? no 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? VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832? VIII. Has the Court given their opinion? IX. Has the Clerk given his certificate? 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?

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?  No
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?
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?
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 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.

TREASURY DEPARTMENT,
Second Comptroller's Office,
February 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," William Stewart, — a Pensioner on the Roll of the Richmond, Va. Agency, at the rate of Twenty Dollars and — Cents per annum, under the law of the 7 th June 1832, has been paid at this Department, from the 4 th of Sept. 1839, to the 4 th March 1840.
Respectfully yours,
Wilson S. Parris
Comptroller.
To the Commissioner of Pensions,
Present.

December 28 1780
It is to certify that His Excellency the Governor General and Commander in Chief of the Forces in North America has been pleased to give under his hand James Marmont

✓ JJ 10.005
S Mrs. Cams

I have been acquainted with William Stewart ever since the date of seventeen hundred and eighty one Have lived in the same neighborhood with the exception Of seven years and consider him a man of truth and honesty that in the date seventeen hundred and Eighty one he was cal d in service as a Militiaman And took the line of march from Henry County Under Captain George Hairston & Colonel Pen and General Linton and he joined General Greens army In a few days after the battle of Guilford and then Marched with General Green crossing of Deep River After that he was attached as infantry to Colonel Washingtons Legion of horse and continued there until we cross Cape Fear and there he was liberated discharged by the consent of the officers to return home Charles Lunsden

Franklin County Va.
I, Caleb Tate Clerk of Franklin County County do hereby certify that Charles Summerson was duly sworn in open Court to the within Certificate Given under my hand 3 rd Dec. 1832.
Caleb Tate C.R.C.
I am well acquainted with Charles Summerson he is my neighbor & I know that he is esteemed in the neighborhood as a man of as a man of truth & honest and good citizen — Nathl H. Claiborne
member of Congress from Va.
Wm Stewart told me he could not tell how long he was in going from Carolina lines to Grason but it was a short time & that he expected only six months pay —
Nathl H. Claiborne member of Congress from Va.

Feb 30/852
Eng. Red. to Cern
Steward
Eden Heath
Eden Hazard m
Com mission of Pay Washington DC

M rs Stewart Oct 3 rd Mar. 1855. 84.939
S. M. Knight, Present.

1920 Feb. 3 Hist. to Mrs. R. B. Kershaw.
1928 Dec. 18 - hist. to Hon. Jas. F. Strother See case Jesse Hall D. 8666
1929 Jan. 10. Hon. J. F. Strother advised how to obtain data of each payment etc. The data for Hon. Wm Cassius Cook. See Civ. Cl. of Jesse Hall, S. 8666 1929 May 10 hist. to Mrs. Conrad F. Meyers. M.C.S.
Revised
6167 INVALID.
File No. 6167
William Stewart
Prior Rec. War
Act: June 7 th 1832
Index: - Vol. M , Page 358
[Arrangement of 1870.]