Revolutionary War Pension and Bounty Land Warrant Application File R. 10157, for John Stuart, Virginia

SERVICE
NUMBER
Pa.
Stuart, John
Y.P. 10157
CONTENTS

State of North Carolina Davidson County } ss
On the 16 th day of Augt. 1839 Personally appeared before me Jno Hays for Justice of the Peace, & one of the Judges of the Court of Pleas- and Sessions in and for Davidson County in the State of North Carolina Thomas Stewart Thomas Stewart for and on behalf of his Father John Stewart Resident of said County who has been delirious during the last 40 years or upwards, and whose age is 82 years the 18 th of last June according to his Mother's account and a record which she left; and the said Thomas Stewart being first duly sworn according to law doth on his oath make the following declaration as traditional evidence and proof in order for the said John Stewart to obtain the benefit of the Act of Congress passed June 7 th 1832. That the said Thos. Stewart makes the following preamble and statements of his father, John Stewart, and likewise his Mother as hereinafter set forth relative to to the services of the said John Stewart.
That his father John Stewart, many years before the passage of the act of Congress of June 7 th 1832 for the benefit of soldiers when his mind was bereft, would talk much and frequently of his ups and downs when he was a soldier with Cornwallis as he has every reason to believe. He John Stewart always stated that he was born and raised in the State of Virginia in Bedford, Blandford or Amelita County and at the time of the Revolution (I do not recollect of his ever giving any particular day and date) he was drafted as a soldier for the term of five months and entered the services of the United States under Capt. John Smith or Col. Jesse Herd (the latter's name and other officers he has forgotten though he has heard him call their names) and after that term expired, he was again drafted and was put under one of the above named Captains. He does not know which he said, if he did say at all, was the first Captain, but that they were his Captains one the first term and the other the second term and he further stated that he held the office (of it he one) of commissary during his service of two terms each five months. The said Thomas Stewart states that he John Stewart has at times when not on the full or charge of the mess told his General's name (perhaps it was General, but not certain) his Captain, his lieutenants and many of his subalterns and messmates together with many occurrences and things that carried truth and rationality with them. He frequently would tell where he marched and through what portion of the country and where he was stationed, one place was at the Long House near where Petersburg now is. He always stated that he served his two five months terms. He states that he is conscious that the said John Stewart was not influ- enced by fiction or fraud or improper motives then in making an incor- rect statement, for he had heard him talk of it in his (Thos.) boyhood youth and manhood before the subject of pensions was spoken of among the people. He states that his father made other statements on many other circumstances in the course of his life which were carried according to infor- mation from his mother who was a woman of liberal information for her day and possessed good common sense. He said that he did serve two terms in the services of the United States as a soldier and

after his service expired and the war ended that he the said John Stewart was called to the ministry of the Methodist order and travelled and preached a few years before he and she were married and he afterwards travelled and preached several years until derangement seized his mind. He then moved to North Carolina, Orange County and thence to Rowan County, now Davidson where he has resided ever since, but the last 40 years of his life has been spent in his delirious state of mind. She said that Stewart further states that his mother's statement (who departed this life a few years ago) of what she knew and what he had told her when his mind was good and he young greatly corroborated with his original and now statements of the war which confirmed him that he did serve as a soldier the space of time above stated. He states that he has heard his mother speak of the discharge that the said John Stewart her husband had and that when he went delirious he lost his reason that then, with his library of books for the ministry he hid out in the woods in divers places, destroyed and left them in Virginia therefore he says these misfortunes has precluded him from any documentary evidence of his service and the disintegration of his mind and his removal so long ago from the land of his birth have prevented any particular dates or important events. from my interview with Mrs. David Stewart The said Thos Stewart says that the reason that he has not applied before this time for the old mans pension was on the account of his peculiar case and situation and thought that he had to attend Court, make out, and qualify to his own Declaration which he knew that he could not for the want of capability. He further declares that he knows of no Clergyman acquainted with his father before he became deranged when in Virginia whose certificate he could procure and cannot obtain any - And he further states
And he further declares that his father's name John Stewart is not on the Pension Roll of the agency of any state to his knowledge Sworn to and subscribed before me the day and year aforesaid.
John Housley
Thomas Stewart
I Daniel DeLap residing in the County of Davidson had a neighbour of the above named John Stewart & Thos. Stewart do hereby certify that he has heard the foregoing Declarations used by John Stewart touching his service as a soldier of the Revolution and that the statement of Thomas Stewart of his father is correct and that the said John Stewart has long been reputed and believed and reputed in his neighbourhood to have been a soldier of the Revolution and that he concurs in that opinion and believes that he served as above stated which said John Stewart stated to me or in my presence many years ago Sworn to and subscribed the day and year aforesaid.
John Housley
D. DeLap

On this 9 th day of September 1839 personally appeared before me Thomas M c Neely one of the acting Justices of the Peace in and for Davie County N.C. a Edward Stewart aged 77 years as according to record the 27 th last Jan'y. and made oath in due form of law to the following facts relative to the before named John Stewart for whom as it appears application is to be made for a pension: viz. That he the said Edward Stewart in the time of the Revolutionary War was a Resident of Amelia County of Virginia, and the before named John Stewart was that of Bedford County State aforesaid, their residence being about one hundred and sixty miles apart and that he heard about the time of the Revolutionary war and afterwards from various credible sources that the said John Stewart (his cousin) was out as a soldier of the Revolution and that he the said Edward Stewart saw the aforesaid applicant Ed. Stewart several times after the said War broke out long before he became deranged and that he informed him of his being out in the War two five months tours one in Capt. John Smith Company and the other with Capt. Jesse Beard and as to his other officers names he has forgotten and that he has not the least doubt of his serving as he stated to him at that time and as to his services then, it was not disputed by any person to his knowledge and that he has not heard it since and the only delay as he believes has been on account of his peculiar state of derangement. Sworn to and subscribed before me, the day and year first above written.
attest Thomas M c Neely J.P.
Edward his F. Stewart mark
I do hereby certify that I am well acquainted with Edward Stewart, the above affiant, and that he is a credible man and his statement is entitled to credit. Given under my hand and seal.
Thomas M c Neely J.P. (Seal)
North Carolina Davie County S p pears
I John Clement Clerk of the Court of Pleas & quarter Sessions for the County of Davie & state of North Carolina do hereby certify that Thomas M c Neely Esq. is a Magistrate as above, duly commissioned & qualified and was at the time of signing the same, and that the foregoing signature purporting to be his is genuine
In testimony whereof, I have hereunto affixed my seal of office, and subscribed my name This 12 day of September A D 1839
John Clement Clerk of the Court of Davie County

I the said John Hussey who having had the foregoing declaration of Thomas Stewart in behalf of his father John Stewart the foregoing applicant, and also the certificate of Daniel Delap Esq. previously taken before me as a matter of my investigation and now together with the additional evidence of Edward Stewart of Davie County do after said investi- gation declare in my opinion that the foregoing applicant John Stewart was a revolutionary soldier, and served as these affiants have stated. And I further certify that I am acquainted with said Thomas Stewart & Daniel Delap whose evidence were had and taken before me and that they are credible persons and that they are entitled to credit. Given under my hand & seal. This Feb'y. 22 d A.D. 1840.
John Hussey
State of North Carolina } I Charles Mack Clerk Davidson County } of the Court of Pleas- and Quarter Sessions for the County of Davidson State of N. Carolina do hereby certify that John Hussey Esq. whose name appears to the foregoing declaration of Thos. Stewart, the certificate of Daniel Delap Esq. and the above certificate purporting to be his is and was an acting Justice of the Peace in and for the County aforesaid duly appointed, com- missioned and qualified and that those above named signatures, purporting to be his are genuine and as such due faith and credit are due his official acts.
In testimony whereof I have hereunto affixed my seal of office and subscribed my name. This 22 nd day of February 1840.
Ch. Mack C.C.C.
JP 35-031
NC

35,031.
John Stewart
N.C. - - - N.C.
let to Allen Newsom Esq
21/ Aprie 1840. -
C. H. Barkley Nov. 24/60
10157
Act June 1862

Old war Div.
Ex't.
No.
Department of the Interior PENSION OFFICE
Co.
Reg't
Washington, D.C. December 30 th , 1885
Return this letter with your reply.
Sir,
In answer to that part of your letter of Nov 23 d last addressed to the Hon. L. H. Vances, by him referred to this office, relative to a pension which you claim to be due for the services of your grandfather, John Stewart in the Revolutionary war, I have to state that as he died 47 years after the close of that war, there was no pension law passed before his death under which he was entitled to a pension.
Your attention is invited to the enclosed printed Circular which refers to the law that will prevent the favorable consideration of a claim to a pension, even when the soldier was entitled where , if presented after the death of a Revolutionary soldier.

1885 Dec 30 John Stewart that as the soldier died after the close of the war (1865) there was no law before his death under which he was entitled
1885 Dec 30 1901 Genl. Stewart Gen. Land Office.
Acts of July 14, 1862, and March 3, 1873.
10157
P. O. John Stewart
Service: _____
REJECTED
Enlisted: _____, 18
Discharged: _____, 18
Application filed: _____, 18
Alleges: _____
Re-enlisted: _____
Attorney: _____
P. O. _____
_____ Recognized. _____ Contract
_____ Cert. of Dis. Searched for _____, 18

In answer to your request of 23 d inst for the status of a claim for a pension on account of the services of John Stewart in the war of the Rebellion, I have the honor to state that the omission to furnish proper data renders it impossible to identify which one of the 20 applications under that name that have been filed, is the one of your enquiry.
It is necessary therefore that this office should be informed, as far as may be known, where he resided during & after the war, the names of some officers under whom he is reputed to have served, the year of his discharge & if a widow survived him her name & residence.
Wrote Dec 24, 1845
R10157

Lexington Davidson Co. N.C. Feb. 22 d 1840.
Sir, I herewith enclose & send to you a Declaration and the best Evidence that is known here in behalf of John Stewart a man  Composed  Mentally whose peculiar situation has been such as to prevent his personal evidence, and efforts to secure such testimony as he no doubt could have done for his benefit. His children, some at least, have spoken to others some years ago to bring up the best facts of the case under the peculiar circumstances, but in consequence of not being able to obtain all the facts at one particular place they did  did not undertake the case. I at length undertook the case and could not obtain all at one place nor more facts that would strengthen his case, than those affidavits which taking every thing in consideration should be sufficient to obtain a pension in my opinion. I hope therefore that you will terminate your action on the case as soon as you may find an opportunity. The reason why it was not completed no sooner after it was first commenced the papers got mislaid. I make these suggestions that you may not be at a loss to account for it.
I am very respectfully Yours &c. J. L. Edwards Esq. Comm. of Pensions. Alvin Newson
3. Please not to forget to report on Mr. Labetka's London claim as soon as opportunity will permit H. G. N.

65
12
November 1910
Milton S. Maritz Henry Levinge
Thomas S. Stuart
12
November 1910
Hugh C. Milne clerk

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