Revolutionary War Pension and Bounty Land Warrant Application File S. 8839, for Hardy Lewter, North Carolina

SERVICE
NUMBER
W.
Lewter, Hardy
S 8839
CONTENTS
Carded

16.000 North Carolina
Hardy Sewter
of Chatham in the State of North Carolina who was a priv: in the company commanded by Captain Sherwood of the Regt. commanded by Col. Sewall in the North Carolina line for 9 months
State of North not due as
Inscribed on the Roll of North Carolina at the rate of 30 Dollars — Cents per annum, to commence on the 4th day of March, 1831.
Certificates of Pension issued the 25 th day of June '33 and sent Rich d Smith Raleigh N.C.
Arrears to the 4th of March '33 — 60 Semi-annual allowance ending 4 Sept — 15
No death date
$75
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by Wm. Mille. Clerk, Book E. Vol. 6. Page 47

Nov 19 1930 Heard of Lewton Chatham County North Carolina
Answers a puzzle 9 mos $ 30.00 5. Ent. 1.2.
P. 321
aprie 4
Richard Smith Raleigh Wake County N.C.

BRIEF in the case of Hardy Lewter  County of Chatham in the State of North Carolina  (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? 89. 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.     Draf. In 1779 Gen. Sumpner   1781 5 " private Capt Brown & Sherwood   between 4 & 5 " Col. Sewell   Capt Hearn  
 5. In what battles was he engaged?  6. Where did he reside when he entered the service? Northampton County etc  7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls? a living witness  8. Are the papers defective as to form or authentication? and if so, in what respect? Correct 
I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
J. M. Clagett Examining Clerk.

State of North Carolina
Chatham County } Court of Pleas & Quarter Sessions November Term 1832.
On this 12 th day of November 1832. personally appeared in open Court, before the Worshipful the Justices of the Pleas, of the Court aforesaid, now sitting, Hardy Sewter a resident Citizen of the County of Chatham & State of North Carolina, aged 88 or 89 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.
That he entered the service of the United States under the following named Officers, and served as herein stated, (First) under Benjamin Seawell as Colonel, and Henry Bunn & Joel Sherwood Captains, in the Militia Service in the year 1779. That he was a drafted Soldier & soon after the declaration of Independence in the Revolutionary War, several of his neighbours were drafted, & some enlisted. That at the time he was drafted to serve as a soldier in the Militia he was a resident Citizen of Northampton County, State of North Carolina, that in the year 1779 early in the Spring he was drafted and immediately entered in the Militia Service of the Revolutionary War, and did serve two Tours, or two different Campaigns. That in his first Tour he served five Months faithfully under the above named Capt s Bunn & Sherwood and Col l Seawell and was Honorably discharged by General Sumpter, at the end of five Months. That he served a second Tour of between four & five Months under Capt c Horn in the year 1781. in all or both tours of service was nine Months & upward, (but say at one Monthly), under Col l Seawell & Gen l Sumpter, to the best of his knowledge & belief, that he was again honorably discharged by Gen l Sumpter, by an honorable written discharge, on both tours of service. which discharge he has been deprived of by his House being accidentally burnt together with the discharges & many other papers & things he lost many years ago, while he lived in Northampton County. That soon after he was drafted, he was marched into the State of Virginia along Deep River & Nottoway Rivers, to and through the Town of Petersburg on Appomattox River, to Richmond on James River

but was not engaged in any memorable battle, or skirmish with the British or Tories (The name or number of Regiments he cannot now recollect that he served in; but will know that he was on both tours honorably discharged by Genl. Sumpter, -
That he knows of no other documentary evidence, but that of his discharges, which was burnt, as aforesaid, by which he can substantiate his claim, except the Affidavit of One Nathan Mills who has the best knowledge of his services & of his being a soldier as aforesaid, the S d Mills being a neighbor of his at that time & at the present time also. which Affidavit he has obtained & herewith transmits with this declaration, together with such further affidavits as he may consider of any service to him, in the investigation of his claim for a pension, which if obtained he cannot want long being now of the age of 88 or 89 years - That upon his being discharged in the State of Virginia he returned home to his then residence in Northampton County State N o Carolina and resided there until the year 1797. when he removed into Chatham County State aforesaid where & where he has resided ever since -
He hereby relinquishes every claim whatever to a Pension or annuity except the present, and declares that his name is not on the Pension list held the agency of any State, or U o States. -
Sworn to & subscribed the day & year aforesaid
Witness
Hardy Sewter
Hardy Sewter Mark
We the subscribers, residing in the County of Chatham & (there being no Clergymen in this immediate vicinity) and we being neighbours and old acquaintances with the above named Hardy Sewter for many years past -
Kindly Certify, that we are well acquainted with him who has subscribed & sworn to the above declaration that we believe him to be 88 or 89 years of age; that he is reputed and believed in the neighbourhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion
Sworn and subscribed the day & year aforesaid
David Sauls Richard Rogers Mark

We 10 and both residing in the County of Chatham hereby certify that we are well acquainted with Hardy Lester who has subscribed and sworn to the above declaration that we believe him to be 88 years of age that he is reputed & believed in the neighbourhood 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 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 Re- volutionary soldier and served as he states. and the court further cer- tifies that it appears to them that Brns Rogers and David Sauls who have signed the foregoing certificate are also residents are res- idents of the County of Chatham and are credible persons and that their statement is entitled to credit.
Thomas Ragland Clerk of the Court of pleas and quarter sessions in and for the County of Chatham in the State of North Carolina do hereby certify that the foregoing contains the original proceedings of the said court in the matter of the application of Hardy Lester for a pension
In testimony whereof I have hereunto set my hand and the seal of office this 12th day of November AD 1832
Truly Thos Ragland Clerk

State of South Carolina Chatham County
Personally appeared before the subscribers acting Justices of the Peace
in & for the County aforesaid. Norman Mills who being first duly sworn according to Law. deponeth and saith that he is well acquainted with Hardy Sewter who was to his knowledge a Militia Soldier in the War of the Revolution. That he lives in the County of Chatham & State aforesaid. Has resided there for upwards of 30 years past and was a resident before that time in Northampton County State of Carolina where they also lived near each other. That the P. Hardy Sewter himself both were in the drafted Militia from the County of Northampton, and well knoweth that the said Hardy Sewter served five months in his first term of service in the year 1779. in the War of the Revolution, and that soon after he served a second term of between 4 & 5 months or thereabouts in the year 1781. and that he always understood and does believe that the said Hardy Sewter was honorably discharged by Genl. Sumpter, in the town of Halifax State South Carolina, or in the State of Virginia, as well as he can now recollect. Sworn to & subscribed before us this 6 th day
of November 1832 David Landis M c Master
Macarthur
We the subscribers residents in the County of Chatham and are being neighbours and acquaintances with the above named Norman Mills for many years past. Hereby certify that he is a witness of Credibility and entitled to full faith and credit upon his oath.
Given under our hands this 6 th day of November 1832
David Landis M c Master

State of North Carolina } Thomas Ragland Clerk of the Court Chatham County } of pleas and quarter sessions in and for the county aforesaid do hereby certify that David Sauls and John Lazarus whose signatures appear to the within affidavit and certificate are now and were at the time of signing the same acting Magistrates in said County duly qualified and commissioned as such and that full faith and credit hath ever been given to their official acts In testimony whereof I have hereunto set my hand and affixed my seal of office this 17th day of Dec 1832
Thomas Ragland b. b. b. by F. D. Ramsey Def. b. b. b.
Hardy Senter

December 4, 1934
XXXXXXXXXXXXXXXXXXXX
Mrs. S.W. Purdom 715 Third Avenue Decatur, Georgia
BA-J/TEL AW Hardy Lewter-S.8839
Dear Madam:
Reference is made to your letter in which you request the pension record of Hardy Lewter, of North Carolina, a soldier of the Revolutionary War.
The data which follow were obtained from the papers on file in Revolutionary War pension claim, S.8839, based upon the military service in that war of Hardy Lewter.
The date and place of birth and the names of the parents of Hardy Lewter are not shown in the papers in the pension claim.
While residing in Northampton County, North Carolina, Hardy Lewter enlisted sometime in 1779 and served five months in Captains Henry Bunn's and Joel Sherwood's Companies, Colonel Benjamin Sewell's North Carolina Regiment; he enlisted in 1781, and served between four and five months in Captain Horn's Company, Colonel Benjamin Sewell's North Carolina Regiment.
Could not identify any of these officers
In 1797, he moved from Northampton County, North Carolina, to Chatham County, North Carolina, of which county he was a resident when he was allowed pension on his application executed November 12, 1832, and aged eighty-eight or eighty-nine years.
It is not stated that soldier was ever married.
The name Martin Lewter appears; no relationship to soldier shown. There are no further family data.
Date of death not in AB
Very truly yours
A. D. HILLER Executive Assistant to the Administrator.

Wendy Lewton
Term of Service for both Fours claimed is precisely state 9 months - see Original Declaration ( in Brackets )

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 Leventer — 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? —  (It is as plain as A. B. C. — 9 months included in Brackets in his declaration) 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? 2 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? a witness
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?
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? yes
Has the proper officer certified to the official character and signature of the magistrate as the regulations direct? yes
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? yes
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? Answered 1. 2
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 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.
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.

715 Third Ave.
Decatur, Ga
Nov. 19 - '34
Committee of Pensions Washington, D.C.
My dear Sir,
In the D.C. records I find that the Sec'y of State submitted to Congress in 1835 for a Revolutionary pension, the name of Hardy Luter or Luter for services as a private Inf. & Cal. Will you please advise me if you have a record of this pension having been granted or any information.
Thanking you,
I am
Resp
Mrs. T. G. Purdom

1822 May 10. Lett. to Hon. T. E. Watson. (see cor in Elisha Wilkinson, Va. 132078) 1934-Dec 4- Lett. to Mrs A. H. Purnam - 8th
Rehran
8839 INVALID.
File No. 8839
Murphy Letter Raw Raw W.R.
Act: June 7th 1832
Index:—Vol. 1st , Page 220
[Arrangement of 1870.]