Revolutionary War Pension and Bounty Land Warrant Application File R. 8,158, for John Petty, North Carolina

SERVICE
NUMBER
NC
Petty, John
P. 8,158
CONTENTS
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State of North Carolina } Superior Court of Law Chatham County } Fall Term AD 1832
On this 19th day of September AD 1832 personally appeared in open court before the Honourable the Judge of said court now sitting, Stephen Petty and made oath that he lived in the House of John Petty his Father during the Revolutionary War that he was very young at the time and has no distinct recollection of his Father's services. But he recollects that he was frequently from home as he then understood in the Whig service he recollects that the man he rode was named Fly . that he has often heard his Father recounting his services in the War of the Revolution and has no doubt but that he was a soldier in the same. He further states that about 20 Years ago his Father received a Paralytic stroke since which time he has been quite infirm and that his memory has nearly forsaken him. Sworn to and subscribed the day and Year aforesaid For C. J. Williams, Clk. Stephen Petty
And the said court do hereby declare that it appears to them that Stephen Petty whose signature appears to the foregoing affidavit is a Citizen of Chatham County and that he is a credible person and that his statement is entitled to credit James Chestnut Judge
I Charles J Williams Clerk of the Superior Court of Law for the County of Chatham in the State of North Carolina

Carolina do hereby Certify, the foregoing to be the original Affidavit and proceedings thereon of Stephen Petty in the matter of the Application of John Petty for a pension In Testimony whereof I have hereunto set my hand and seal of Office the day of September AD 1832 Test. B. J. Williams, C.O.
Stephen Petty

John Pettys' dec- laration for a pension Act
7th June 1832
14311

Declaration in order to obtain the benefit of the Act of Congress of the 7th of June, 1832
State of North Carolina Superior Court of Law Chatham County Fall Term AD 1832
On this 19th day of September AD 1832 personally appeared before the Honourable the Judge of said Court now sitting John Petty a Resident of the County and State aforesaid Aged 76 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 provision made by the Act of Congress passed June 7. 1832 -
That he entered the service of the United States sometime during the Revolutionary War in the Militia in the County of Chatham and State of North Carolina that he served several Tours of duty but cannot recollect the names of any of the officers under whom he served except Captain's Goldston and Clark he thinks that he was sometimes drafted and that he sometimes volunteered he can give no definite account of his services having been deprived of his Memory by age and Affliction. But he distinctly recollects that he was in the Battle at Lindley's Mills on cane Creek, and although he thinks he served much longer yet he has no doubt but that he served at least 12 Months he has no recollection how, when, or where he was discharged from the service or whether he ever received any written discharges and if he ever received any they are now lost or destroyed. That he has no documentary Evidence

And knows of no person by whose testimony he can prove care who can testify to the particulars of his services He hereby relinquishes every claim whatever to a pension or annuity except the present and declares that his name is not on the Pension Roll of the Agency of any state or Territory in the Union
Sworn to and subscribed the day and year aforesaid
his John Pettys mark
We William Marsh and James Burns both residing in the County of Chatham and State of North Carolina hereby certify what we are well acquainted John Pettys who has subscribed and sworn to the above declaration that we believe him to be 76 Years of age that he is respected and believed in the neighbourhood where he resides to have been a soldier of the Revolution and that we concur in that opinion they both further swear that they have seen him in the services and James Burns states that he served a tour with him and saw him in the Cow Creek Battle
James Burns Marsh
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 cer- tifies that it appears to them that William Marsh and James Burns who have signed the preceding certificate are credible persons and that their state- ment is entitled to credit
James Chastan Esq

I Charles J Williams clerk of the Superior Court of Law for the County of Chatham in the State of N Carolina do hereby Certify that the foregoing contains the Original proceedings of the said Court in the Matter of the Application of John Pettit for a Pension. In Testimony whereof I have hereunto set my hand and seal of Office this 19 th day of September AD 1832
Test C. J. Williams, Clerk.

John Pettys.
W th Carolina
- Suspended -
Sittu 26 March 1834
Hon. A. P. French
8158

Acts of July 14, 1862, and March 3, 1873.
REJECTED
8158
P. O. _____
John Kelly
Service: _____
Enlisted: _____, 18
Discharged: _____, 18
Application filed: _____, 18
Alleges: _____
Re-enlisted: _____
Attorney: _____
P. O. _____
_____ Recognized. _____ Contr
_____ Cert. of Dis. Searched for _____, 18

J. Petty -
Hon. A. Rencher

BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of John Dotty 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? 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? 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 as to others  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? yes  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?  Has the proper officer certified to the official character and signature of the magistrate as the regulations direct?    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? yes 
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 shewn 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.

John Petty
Aft. Cont.
Suspended
26m 34s.
Ha A. P. Sch...

House of Representatives
March 21 st 1834.
St Sir,
I inclose to you the declaration of John Petty. The old man is unable to make out any other proof. I have looked into the evidence and think from the testimony which is undoubted that he is intitled to something though the precise length of service is not proven. He will be satisfied with whatever you may think proper to allow him.
Very respectfully
Your obedient
A. Rencher
J. L. Edwards Esq

State of North Carolina Chatham County
Personally appeared before me the undersigned a Justice of the peace in and for the County aforesaid - John Petty 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 according to the best of his recollection he served not less than the periods mentioned below and in the following grades For one Year I served as a private in the North Carolina Militia for which I claim a pension. And the said John Petty further maketh oath that by reason of old age and the consequent loss of memory he cannot swear at what time of the war he entered or quit the service
Sworn to and subscribed before me this 17th day of May 1833
A. G. HARRIS J.P.
John his Petty mark
State of North Carolina
Waltham County I Thomas Ragland, clerk of the Court of Pleas & Quarter Sessions for the County of Waltham do hereby certify that A. G. HARRIS, whose signature appears to the foregoing war, at the time of signing the same an acting Justice of the peace for the County aforesaid
In witness whereof I have hereunto set my hand & affixed my seal of office at P. Upton the 15 th day of May, A.D. 1833.
Thos. Ragland C.C.C. by J. Ramsey Dep. C.