Revolutionary War Pension and Bounty Land Warrant Application File S. 7615, for John Stuart, North Carolina

SERVICE
NUMBER
N.6.
Stuart, John
S. 7615
carded
CONTENTS

16.883 North Carolina John Stewart of Duplin Co in the State of N. Carolina who was a private in the Company commanded by Captain Whitehead of the Regt. commanded by Col _____ in the N.C. ma- line for 15 mos.
Inscribed on the Roll of North Carolina at the rate of 50 Dollars 00 Cents per annum, to commence on the 14th day of March, 1831.
Certificate of Pension issued the 11 day of October 1833 and sent to
Patrick Murphy Taylor's Bridge
Arrears to the 14th of Sept. 1833. $125.00 Semi-ant. allowance ending March 14. 25.00
$150.00
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by W. L. Williams Clerk.
Book 6 Vol. 6 Page 73

STATE OF NORTH CAROLINA, ( ss.
COUNTY. )
Duplin
ON the 26 day of September 1832 personally appeared in open Court, before the Honorable Robert Strange a Judge of the Superior Court of Law of the County of Duplin now sitting, John Stuart of said County, who will be ninety eight years of age on the about day of 25 th day of Dec r , next, 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, 1832. That he volunteered in Duplin County N. Carolina in the year in the Militia Service in a company commanded by Capt John Whitehead he marched to Wilmington in said State, and in his return home after a service of three months, he was drafted in the County of Duplin in the Regular Army, for twelve months, and was placed under the command of Capt Benjamin Coloman, and was marched by him through Wilmington N. Carolina to Charleston S. Carolina where he was placed under the command of Capt John Francis Jones, who remained till the close of the war having stood under said Coloman one long further term of twelve months.
State of North Carolina } Court of Pleas & Quarters Duplin, Duplin County } August Term 1833
On this the 28 th day of August 1833 personally appeared before Stephen Graham, Richard Miller & James Dawson Esquires now sitting & holding the Court after said John Stuart the aforesaid applicant to amend his preceding declaration & being duly sworn doth on his oath further declare and say that he entered

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 the Army of any State.
Sworn to and subscribed this day and year aforesaid.
Jul. Gafath Clk
John Stuart
WE, William Roberts Jr a Clergyman residing in Duplin County, State of North Carolina, and Edward Outlaw residing in said County, hereby Certify, that we are well acquainted with John Stuart who has subscribed and sworn to the above declaration; that we believe him to be ninety eight years of age; that he is reputed and believed to have been a Soldier of the Revolution; and that we concur in that opinion.
Sworn and subscribed, this 26 day of September A. D. 1832
Jul. Gafath Clk
William Roberts Edw. Outlaw
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 William
Roberts who has signed the preceding Certificate, is a Christian resident in the County of Duplin and that Edward Outlaw who has also signed the same, is a resident in the County of Duplin and is a credible person, and that their statement is entitled to credit.
Jeremiah Pearsall Clerk of the Court of Duplin County do hereby certify, that the foregoing contains the original proceedings of the said Court in the matter of the application of John Stuart for a pension.
IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of office, this 26 day of September A. D. 1832.
Jul. Gafath Clk
Service under Capt John Whitehead in February 1781 as he believes, & served three months; that he has no documentary evidence but can prove this service by Isaac Wolf & Brick of said County; that he entered service under Captain Benjamin Coleman in November or December 1781 and served twelve months; that there is a clergyman residing in his neighborhood, that he has no documentary evidence but thinks he can prove that he was in this service by David Carlton of this County; that he was born on Roanoke in Duplin County on or about the 25th Dec in 1734; that he has no record

of his age now; The regular officers with the troops where he served were Captain Benjamin Coleman Captain Samuel Jones; Lieut. Slade; Gen Raccoon, Col Lytle, the continental regiments he recollects were some belonging to Gen Green, Brigade stationed eight miles, below Bacon's Bridge on Ashley River; the militia regiments he remembers is Col Hearn's; that he received a discharge from his Sergeant John W. Hay when he was in service under Captain Samuel Jones, which he has lost, that the person to whom he is known in his neigh- borhood & who can testify to his character for veracity & in his belief him to have been a soldier of the Revolution are William Roberts, John Roberts Edward Calau- Edward Alcock, David Davis &c.
Sworn to & subscribed the day & year aforesaid
Test M c Mathews Clk John S. Stewart
Personally appeared in open Court before me David Carlton a resident of Duplin County N.C. aged seventy six years last May who being duly sworn deposeth and saith that he knew John Stuart the aforesaid applicant during the Revolutionary war and served with him under Major Griffith McKee, Capt Samuel Jones, Stephen Slade Lieut in the 2nd Regiment of the North Carolina line and Marched from Wilmington N.C. to Pond Pond in S. Carolina where his regiment joined Gen Green's army thence to Bacon's Bridge on Ashley River, that their service was for twelve months commencing in November or December 1781 and were discharged the 1st of December 1782 that this was in the regular service
Sworn & subscribed the 28th day of August 1833
Test M c Mathews Clk
David Carlton

State of North Carolina Duplin County
Personally appeared in open Court before the Worshipful J. Brantley James Lawson John Miller of the County Court Samuel Goff who being duly sworn deposeth & saith that he knows John Stewart the aforesaid applicant before and during the Revolution - and that he the said Stewart served three months with this affiant in Capt John Whitehead's Company of militia, as a soldier, commencing in February 1781 - and that their marches were as set forth in the declaration of affiant
Sworn & subscribed to this 29th day of August 1833
Samuel Goff mark
15818
John Stewart
Seal & Stylus
And the said Court hereby certify that the above amendment and affidavits of David Carlton and Samuel Goff were sworn to & subscribed in open Court and that it appears to them that the said David Carlton and Samuel Goff are credible persons and that their statement is entitled to credit and there is no clergyman resi- ding in the vicinity of said applicant
J. Brantley J.P. Jas. Lawson J.P. Richd. Miller J.P.
I, John Watkins Clerk of the Court of Pleas & Quarter Sessions for Duplin County hereby certify that the foregoing are the original proceedings in amendment of the within declaration of John Stewart before the Court aforesaid
In testimony whereof I have hereunto affixed my seal of office & subscribed my name this 28th day of August (A.D. 1833)
W. Watkins Clerk

15818 John Stuart
Admit as a juror 15 mo $500
4. 11. 12. 13
Mar. 12. 5. 67
Lt. Hon. J. W. Kay
H.R.
June 24 '33
1833
to same
July 24
Hon. James I. M'Kay
H.R.
General P. M. Ask
Dupin by
Mr. C. C.
Patrick Murphy Taylor Major N.C.

BRIEF in the case of  John Stuart  County of Duplin  in the State of  N. Carolina  (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge? In open Court  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?  3. How old is he? 98  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.     Volunteered in the year — In 17 3 private Capt. John Whitehead   on his return home mustered 1. Capt. Benj. Coleman  
 5. In what battles was he engaged? Not any  6. Where did he reside when he entered the service? Duplin Co. N. Carolina  7. Is his statement supported by living witnesses, by documentary proof, by traditionary evidence, by incidental evidence, or by the rolls? Traditionary  8. Are the papers defective as to form or authentication? and if so, in what respect? no 
X Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
Chas. S. Wilson Examining Clerk.  Jan. 26. 1835

BRIEF in the case of  John Stuart  County of Duplin  in the State of  No. Carolina  (Act 7th June, 1832.)
1. Was the declaration made before a Court or a Judge? In open Court
2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?
3. How old is he? 98
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.     volunteered in the year 1781 3 private Capt. John Whitehead   on his return home was drafted 1. Capt. Benj m Coleman  
5. In what battles was he engaged?
not any
6. Where did he reside when he entered the service?
Duplin Co. No. Carolina
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?
no
X Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
Chas. G. Wilcox Examining Clerk.  June 26. 1835

John Stuart
McKay

John Stuart BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of 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? 10 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? No
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? No
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? 1st 2nd 3rd 4th 5th 6th 7th
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 North Carolina
Secretary of State's Office
I William H. Sill Secretary of State in and for the State aforesaid, do hereby certify that it appears by the musterrolls of the Continental line of this State in the revolutionary war, that John Stewart a private in Cap t Jones's Company of the 10 th Regiment enlisted on the 10 th day of December 1781 for 12 months, and that nothing more is said of him on said rolls; That it appears from a Book of Settlements of the revolutionary Army accounts, that John Stewart was allowed for his services as a twelve months' drago the sum of $26.66.
Given under my hand this 10 th day of September 1833.
W. H. Sill

Hon James S. Edward Comt. of Pensions Washington City D C

Taylor's Bridge Sampson Cty Sept 18. 1833.
Sir,
Enclosed are the amended declarations, of William Olin and John Stewart, accompanied with certificates by William Hill Sec d of State of North Carolina, that their names are on the master rolls in his office &c. —
John Stewart is also accompanied with the affidavits of David Carlton and Samuel Goff, proving said Stewart's service. — I return the briefs sent in each case
Please direct to "Taylor's Bridge P.O. Sampson County N.C.
Very Respectfully
Yr obedt
Patrick Murphy
Hon James L. Edwards Com r of Pensions Washington City D.C.

Nov 20-1901 Geo. C. Stewart. List. Ld. off
Reuben
7615 INVALID.
File No. 7615-
John Stewart Min. Rep. War
Act: June 7 th 1852
Index:—Vol. 186 , Page 358
[Arrangement of 1870.]