Revolutionary War Pension and Bounty Land Warrant Application File S. 7385, for Hezekiah Rhoades, Virginia

SERVICE
NUMBER
Va.
Rhoades, Hezekiah or Rhodes
S.7385
carded
CONTENTS

2454 North Carolina -
Hezekiah Rhoades*
of Surry - in the State of North Carolina who was a 10 th - in the Company commanded by Captain Miller of the Reg t commanded by Col: Holt - in the Virginia line for 6 months from 1780 -
Hezekiah Rhoades* Record corrected Aug. 12/84.
Inscribed on the Roll of North Carolina at the rate of 20 - Dollars - Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 27 th day of Nov: 1832. and sent Hon. L. Williams, Panethus Esq. etc.
Arrears to 4th of Sept 1832 30 - Semi-ann. allowance ending 4 Mar 1833 10 - F H A. -
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by Nathan Rice Clerk, Book D Vol. 8 Page 44 -

Herzschah Rhody
4828-

North Carolina } Surry County }
On this the 14th of August 1832 personally appeared in open court being a court of Record and opened and held as such this day for the county and State aforesaid, Hezekiah Rhodes of the county of Surry aforesaid was sixty eight years in February last, who being first duly sworn according to law, doth on his oath make the following declaration in order to obtain the benefits of the act of bankruptcy passed the 7th of June 1832; That he the said Hezekiah Rhodes entered the militia service of the United States in the fall of the year before the capture of Leon- -mally at Yorktown, for two months upon the com- -pany commanded by Capt William Dutton; in the Regiment comman- -ded by Col. Hatt Richardson in the county of Albemarle in the State of Virginia for the

period of two months; that they marched from Albermarle County aforesaid to Cabin Point below Richmond; that on leaving the service he did not obtain a written or regular dis- -charge—
Hezekiah And the said William Rhoads further states that he again entered the service in the Spring of the year hereinafter mentioned taken, in the month of February as a drafted militia soldier under capt John Miller, in the Regiment commanded by Colt Richardson for the period of two months; that they marched to Richmond in Virginia; from thence to four miles below Richmond; and at four miles below he turned and as a volunteer and marched to the Lines of the British army below the Malvern Hills; that on leaving the service the second time he did not receive a

regular or written discharges - And the said Hezekiah Rhoads further states that he again entered the service as a drafted militia soldier in August of the year above mentioned, was taken, he thinks in 1781, under Capt John Hinton of the County of Chesterfield, and in the Regiment commanded by Capt Heft Richardson for the period of Major Hezekiah Rhoads; the Brigade commanded by General Hugh Henson; that they marched from Chesterfield to Williamsburg where they were encamped till General Washington was ready to march to Yorktown before the siege of that place; that they remained before Yorktown till Lord Cornwallis was captured, and then the said Hezekiah Rhoads was ordered to Fredericksburg to guard the prisoners taken at the surrender of Yorktown; was in very bad health at this place and was carried from

there in a waggon to Alhambra where that on hearing this his third friend of service he did not obtain a warrant or regular discharge; that having served since 1819 from Alhambra in V. & L. Loring county in North Carolina he does not know that it is in his power to offer any proof of his said service except his own declaration as aforesaid -
And the said Georgian Rhodes further states that he would refer to the following persons as his neighbors capable of testifying to his character; James William of the county of Linn; Peter Kellingman Merchant and post master of Huntsville in said county; The Rev. William Lean of the Methodist church and the Rev. Joshua Hart of the Baptist church, whose statements are hereto annexed -

I sworn to and subscribed the day and year aforesaid — John Wright Clerk                      Hezekiah Rhodes
And the Court do hereby declare their opinion after the investigation of the matter and after putting the interrogatories presented by the war department that the above named appellant was a revolutionary soldier and served as he states; and the Court further certifies Thomas Williams and Peter Klingman; the Rev. William Jean and the Rev. Joshua Leath referred in the foregoing declaration are credible persons and their statements are entitled to credit —
J. Whitaker Clev
I John Wright Clerk of the County Court of Surry do hereby certify that the foregoing contains the original

proceedings of the said board in the matter of the application of Nathaniel Rhoades for a pension - And also that Johnathan Whitaker Esq who has signed the foregoing declaration as chairman of the said board was at the time the proceeding magistrate, and that to his certificate of full faith and credit ought to be given - In testimony whereof I have hereunto set my hand and seal of office this the 14 th of August 1832 -
John Wrightble

Michael Rhodes Sury 60 N.C.
for 1780. private 6 months. $20.
Hon. L. Williams Pawtuxet Creek, N.C.

BRIEF in the case of  Hezekiah Rhodes  of  Surry Co.  in the State of  N.C.  (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge? open Court  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?  3. How old is he? 68 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.     Autumn In 1780 2 pr. Gen. (Rutledge) Col. Holt  Capt. William Adair   Spring 1781 2 " " John Miller   Recd " " 2   6  
 5. In what battles was he engaged?  6. Where did he reside when he entered the service? St. Marks Co.  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? defective in not having the Seal of the Col. properly attached to the other papers 
I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
Examining Clerk.

Rev War
7385
INVALID.
am
File No. 7385
Hezekiah Rhodes * Ohio Rev. War
Act: June 7 th 1852
Index: — Vol. 1 , Page 214
[Arrangement of 1870.]
Hezekiah Rhodes * Aug. 12, 1904 Records corrected.

North Carolina } We Peter Clingman, Merchant & P o Henry Poindexter Surry County } Justice of the peace, Joshua Carter Minister of the Gospel of the Baptist Church, and William Lean Minister of the Methodist Episcopal Church Citizens of the County and State aforesaid do hereby certify that Hezekiah Rhoades who is about to make application for a pension under the act of the 7 th of June 1832, is a Citizen of our said County of Surry that we have known him for ten or twelve years that we have frequently heard him speak of his services in the Revolutionary War that he is a man of credit and we believe his statement to be true given under our hands this day of August 1832
William Lean D.M.E.C. H.P. Poindexter J.P.
Peter Clingman Thomas Williams

1825- to 1829

Panther Creek Aug. 25 th 1832
Sir
I forward to you sundry claims for pensions of Elizabeth Riddell of Lewis County NC; of Andrew Harrison; of of Hugh Anderson; of Robert Grace; of Lauren Menden all of Iredell County NC - It is the tradition of the country that these men were all engaged in the Revolution; and furthermore it is the tradition that there was but one Tory in this whole County; but in the adjoining Counties there were many Tories - These are all old men and were much engaged in the Revolution against the Tories in South Carolina; in North Carolina and also against the British - I hope their claiming will be allowed -
I have the honor to be Sir yours at the Hill Street
Louis Williams
Hon Louis leaf } Sec of war. }

B R I E F objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of Michael Rhodes 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? 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? No 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? _____
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 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? 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? _____
XVI. ‡ Are the papers authenticated as the regulations direct? No
Declaration made out by Thos L Williams M.D. and transmitted by him to the War Dept.
XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered? 1 2 not 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.