Revolutionary War Pension and Bounty Land Warrant Application File W. 18856, Thomas Costner, N.C.

SERVICE
NUMBER
N 6
Costner, Thomas or Castner
N 18856
Born in Penn -
Catharine
CONTENTS

North Carolina 16076
Thomas Costner of Lincoln in the State of North Carolina who was a priv. in the company commanded by Captain Hardin of the _____ commanded by _____ in the North Carolina line for 6 1/2 months
Inscribed on the Roll of North Carolina: at the rate of 21 Dollars 66 Cents per annum to commence on the 14th day of March, 1831.
Certificate of Pension issued the 25 day of June '32 and sent D. Reinhardt, Sinecolton N.C.
Arrears to the 14th of March '33 - 43.32 Pensant. allowance ending 4 Sept " 10.83
$ 54.15
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by Wm Miller Clerk, Book E. Vol. 6. Page 36
Duplicate certificate of _____ James Hart, Fayetteville, N.C. June 4 - 1835

10237.
North Carolina
Cath e Castner, deceased
Widow of Thomas Castner who was a pensioner under the Act of 1832 and who died on the 28th Nov. 1842 of Rindley in the State of N. Carolina who was a privt. in the Compy commanded by Captain Nevin of the Regt commanded by _____ in the Mt Q _____ line for _____ M. 15 dys
Inscribed on the Roll of North Carolina at the rate of 21 Dollars 66 Cents per annum, to commence on the 4th day of March, 1836.
Certificate of Pension issued the 3rd day of April, 1847 and sent to Joseph Carroll Esq Shelby N.C.
Total amount, $108.30
[Act July 7, 1838.]
Recorded by Th. Rumpkin Clerk, Book D Vol. 7 Page 287.
widow died 28th Nov. 1842
Reported
Mac McLean Castner Mary Castner Frederick Castner Joseph Castner Children only surviving

Thomas Costiner
Declaration
1857-5 ✓

State of North Carolina Lincoln County } Court of pleas & quarter Session October Session 1832
On this 2 nd day of November 1832 personally appeared an Open Court before the Justices of the County Court of pleas & quarter Session now sitting Thomas Costner a resident of Lincoln County in the State of North Carolina aged eighty five or six 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 & served as hereunder stated in what was then Iredell County now Lincoln Co That in the year 1776. I was draughted to go in the Cherokee Expedition & entered the service under Capt. Hardin & marched in his Company to the nation but I was unable to state the names of the Col. or Genl while in that service we killed some Indians & took some prisoners & also in the nation we met with the forces from S th Carolina the Commander of them claimed the Indian Prisoners & they were given up to them. we also burnt some Indian Huts & destroyed some Crops & after scouring the Country we were marched back to what is now Lincoln then Iredell County & discharged in this tour I served three months. Afterward I was draughted in Lincoln County North Carolina the year I cannot recollect for a three months tour I was placed under the command of Capt Williams Moore but I cannot remember the name of the Col or Genl but was marched to Wilmington N th Carolina in Morris Company & remained having

a little skirmish - but I am unable to state where it was - I after serving a term of three months & a half was was discharged He hereby relinquishes every claim whatever to a Pension or an annuity except the present I declare that his name is not on the pension Rolls of the agency of any State Given & Subscribed this 2 nd day of November 1832
Thomas his  TC Costner mark
Levi Vandyke Clerk of Said Court
We the Blackwood residing in the county of Lincoln & Samuel Riser residing in the same hereby certify that we are well acquainted with Thomas Costner who has subscribed & sworn to the above declaration that we believe him to be eighty five or six years of age that he is situated & situated in the neighborhood where he usages to have been a soldier of the revolution & that we concur in that opinion. Given to & subscribed the day & year aforesaid for Blackwood Corp. Samuel Riser Levi Vandyke W th B u Clerk of Said Court

1. Q Where in what year were you born Born in York County Pennsylvania. I cannot remember the year
2. Q Have you any Records of your age A None
3. Q Where were you living when you entered the service Where have you lived since the revolutionary war & where do you live now
A In Lincoln County Pa. Then I say you have lived there ever since
4. Q How were you called into service A I was drafted
5. Q Did you ever receive a discharge from the service
A I was discharged by Capt. Moore but it was not a written discharge
Thomas his Coshner mark
And the said Court do hereby declare their Opinion after the investigation of the matter & after putting the interrogatories presented by the War Department that the above named applicant was a revolutionary soldier killed as he states. And the Court further certifies that it appears to them that John Black & Samuel Kiger who signed the preceding certificate are Residents of this County credible persons. That their statement is entitled to credit
I Vandy M c Ree Clerk of the Court do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Thomas Coshner for a pension. In testimony whereof I have hereunto set my hand & seal of office this 3 rd day of Nov. 1832 Vandy M c Ree CLO

Department of the Interior, BUREAU OF PENSIONS.
Washington, D. C., June 2, 1903
Sir,
In reply to your communication of a recent date, you are informed that this Bureau is unable to furnish a history of the service of any soldier of the Revolutionary war or of the war of 1812 unless he or his widow was a pensioner or an applicant for pension or bounty land; and that under the rules such a history is furnished only to the soldier's descendants, and to them only when it is desired for historical or genealogical purposes.
The large number of inquiries made on this subject, and the length of time required to make a proper search of the records in each case, will not permit of information being given to any applicant concerning more than two soldiers.
In order that the soldier concerning whom you desire information may be identified, you are requested to furnish as much as possible of the data called for below.
as to Thomas Costner
Very respectfully,
Mr. R. E. Costner Lincoln N.C.
J. H. Davenport Atty Commissioner.
Full name of soldier, Thomas Costner Where did he enter service? Lincoln County N.C. Under what officers did he serve? Place of residence after service, Lincoln County N.C. Approximate date of death, Given name of widow, Did either the soldier or his widow receive a pension? He was a pensioner Additional information, Was a Brother of Jacob Costner.
Signature, R. E. Costner (Mrs. or Miss to be prefixed if a lady signs.)
Post-office address, including street and number, town, county, and State, Lincoln N.C.

State of North Carolina, Court of Pleas and Lincoln County } quarter sessions August term on this 31 st day of August 1846 personally appeared before the court of Lincoln County Mary McElvain a resident of Lincoln County who being duly sworn according to law doth on her oath make the following declaration in order to obtain the benefit of the provision made by the act of Congress passed July the 9 th 1838 entitled an act granting half pay on pensions to certain widows that she is the daughter and one of the heirs at law of Katharine Costner who was the widow of Thomas Costner who was a private in the Militia of North Carolina in the war of the Revolution and was pensioned under the act of Congress of the 9 th of June 1832 and was entered on the pension list of the North Carolina agency on the 25 th of June 1833 at the rate of $21 66 2 / 3 per annum and this Claimant further declares from information that Thomas Costner and Katharine Costner her father and mother was married some time in the year 1784 and that her father Thomas Costner died on the 2 nd day of July 1835 and that her mother Katharine Costner was not married to the aforesaid Thomas Costner prior to his leaving the service but that the marriage took place previous to the first day of January 1794 viz at the time above stated and this Claimant further declares that her mother the aforesaid Katharine Costner died on the 28 th day of November 1842 and this Claimant further saith that the names of all the children or heirs at law of Katharine Costner

her mother living are at 318 Davis Thomas Costner Mary McFellwain Joseph Costner Frederick Costner sworn to and subscribed in open court before me The further deems that the Deeds of the said Fred gives an account of the aforesaid Mary or with of the aforesaid children
Robt Williamson, C.C.
Maryt. McFellwain Next
State of North Carolina } Court of pleas and quarter Lincoln County } Sessions August Session 1846
I Robert Williamson, Clerk of the Court of pleas and quarter sessions do certify that it has been shown by proof to the satisfaction of the court that Katharine Costner widow of Thomas Costner died on the 28 th day of November 1842 and that it has been also shown and proven to the satisfaction of said court that Thomas Costner Mary McFellwain Joseph Costner and Frederick Costner are the children and heirs at law of Katharine Costner dead
In testimony whereof I have hereunto subscribed my name and affixed the seal of said Court at office this 31 st day of August 1846
Robt. Williamson, C.C.

18575
Thomas Costner
NC
Sammy as a guide 62mo — $21.66
6. 11. 12. 14.
Antq. 5. 7.
Rev P. 328
D. Reinhardt Lincolnton N.C.

BRIEF in the case of Thomas Costner  County of Lincoln 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? 85 or 86  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.     drafted In 1776 3 Private Gen. Capt. Hardin   " 3 15 " Capt. Moore   6. 15  
 5. In what battles was he engaged? None, (a skirmish)  6. Where did he reside when he entered the service? Lincoln Co. N.C.  7. Is his statement supported by living witnesses, by documentary proof, by traditionary evidence, by incidental evidence, or by the rolls? Traditionary, & living witnesses  8. Are the papers defective as to form or authentication? and if so, in what respect? no clergyman 
I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
O. L. Foster Examining Clerk.

V.L.M. June 1, 1912.
Honorable Edwin Y. Webb, House of Representatives.
My dear Mr. Webb:
In reply to your letter dated the twenty-ninth and received the thirty-first ultimo, I have the honor to advise you that from the papers in the claim W. File No. 18856 Rev. War it appears that Thomas Costner was born in York County, Pennsylvania, and was drafted in what was then Tryon County, North Carolina, in 1776, for the Cherokee Expedition, and served in Captain Joseph Hardin's company, three months.
In 1781, he was drafted in the same County, and served under Captain William Moore, three and one-half months, ending December 22, 1781.
He married in 1784, Catharine- -----, and was allowed pension on an application executed November 2, 1832, while a resident of Lincoln County, N. C. aged eighty-five or six years
He died July 2, 1835 and his widow Catharine died November 28, 1842 leaving the following named children: Thomas, Joseph, Frederick, and Mary Mc Kelwain who were allowed the pension due their mother. A son John died prior to 1842.
Very respectfully,
J. C. Sasser Commissioner..

January 9. 1913.
Mrs. E. L. Shuford, 1218 - 15th Street, Hickory, N. C.
Madam:
In reply to your letter dated the 2" and received the 4" instant, you are advised that from the papers in the claim. W. File No. 18,856. Rev. War. it appears that Thomas Costner was born in York County, Pennsylvania, and was drafted in what was then Tryon County, North Carolina, in 1776, for the Cherokee Expedition, and served in Captain Joseph Hardin's company, three months.
In 1781, he was drafted in the same County, and served under Captain William Moore, three and one-half months, ending December 22, 1781.
He married in 1784, Catharine -----, and was allowed pension on an application executed November 2, 1832, while a resident of Lincoln County, North Carolina, aged eighty-five or eighty-six years.
He died July 2, 1835, and his widow Catharine died November 28, 1842, leaving the following named children: Thomas, Joseph, Frederick, and Mary McKelwain, who were allowed the pension due their mother. A son John died prior to 1842.
This Bureau is unable to furnish the record of a soldier

of the Revolution, unless a claim for pension or bounty land has been filed on account of his services, and in order to identify such a claim, in addition to the soldier's full name, some of the following data is essential: names of some officers under whom he served, places of residence at enlistment and after discharge, approximate dates of birth and death, given name of his widow.
You are further advised that the Revolutionary War records of this Bureau fail to afford any information in regard to Peter Hoyle described by you.
Very respectfully,
Commissioner.

March 16, 1929.
Martha Lou Houston, 1441 Second Avenue, Columbus, Georgia.
Madam:
I advise you from the papers in the Revolutionary War pension claim, W. 18856, it appears that Thomas Costner was born in York County, Pennsylvania, date not given.
While residing in Tryon County, North Carolina (which was later Lincoln County) he was drafted in 1776 and served three months in Captain Joseph Hardin's North Carolina Company and went on the Cherokee Expedition. He was drafted and served three and one half months in Captain William Moore's North Carolina Company term of service ending December 22, 1781.
He was allowed pension on his application executed November 2, 1832, while a resident of Lincoln County, North Carolina, aged eighty-five or eighty-six years.
He married in 1784 in Lincoln County, North Carolina, Catharine (her maiden name not stated).
He died July 2, 1835, and his widow Catharine died November 28, 1842, leaving the following children: Thomas

Costner, Joseph Costner, Frederick Costner, and Mary McKelwain, who were allowed the pension due their mother.
A son John died prior to 1842.
There are no further family data on file.
Respectfully,
E. W. MORGAN, Acting Commissioner

Commissioner of Pensions, Washington, D.C.
Dear Sir:
Some time ago I wrote you concerning Thomas Costner serving in the Revolutionary war - A local history said he served in 1776 in Capt. Joseph Hawkins's Co. It also said he drew a pension - His wife's name was Jennie Lowe Costner. He lived in Garton or Lincoln

County, North Carolina - but he was born in York County, Pennsylvania - Will you please look in the York, Gaston and Lincoln County records and see if you can find his name? I did not receive a reply to my last letter so will appreciate one from this one.
Yours truly, Mrs. Sterling Frazar 1104 S. Edgemoor Rd. Charlotte NC

1441 Second Ave. Columbus, Ga. Dec 17, 1928
Commissioner of Pensions Washington, D.C.
Dear Sir,
Will you kindly give me a copy of the pension record (Rev) of Thom. as hostner of N. C. He died, I think about 1835. I wish this informa- tion for D.A.R. membership for his descendants.
Yours truly,
(Miss) Martha Lou Houston

Dear Sirs
Please tell me if you have a record of Thomas Costner of Lin- coln County, North Car- olina drawing a pen- sion for services dur- ing Revolutionary War. His wife was Dennis Lowe and in 1776 he
Served in Capt Joseph Hawkins Co., and 1781 Served in Capt Wm Moores -
Thanking you I am, Mrs Sterling Graydon 1104 Dilworth Rd. Charlotte, N.C.
Dilworth

Hickory, N.C.
Jan 27 th 1913.
Mr. J. C. Davenport Washington D.C.
Will you kindly give me the following information regarding persons on the

Revolutionary Pension Roll from Tryon County (now Lincoln) North Carolina.
Does the name of Major  Jacob Thomas Casher appear & up to what time was the pension paid? And are there any other Casher on pension Roll. (2)

Does the name of Peter Hoyle appear for any other Hoyle from said Co. or any other N.C. County?
Does the name of Sturford appear if so from which times were previous paid & when stopped. Also what Markels from same Co. And please give me in what capacity each served & any other information possible from Pension list in regard to names mentioned I shall greatly appreciate the courtesy and shall further appreciate an early a reply as possible

Yours Truly Mrs. E. L. Shuford. 1218-15 Street Hickory N.C.

SIXTY-SECOND CONGRESS.
WILLIAM A. OLDFIELD, ARK., CHAIRMAN. MARTIN A. MORRISON, IND. FRANK D. CURRIER, N. H. EDWIN Y. WEBB, N. C. E. STEVENS HENRY, CONN. FRANK CLARK, FLA. WILLIAM W. WILSON, ILL. JOSHUA W. ALEXANDER, MO. IRVINE L. LENROOT, WIS. R. J. BULKLEY, OHIO. WILLIAM H. WILDER, MASS. MARTIN W. LITTLETON, N. Y. OSCAR CALLAWAY, TEX. SAMUEL A. WITHERSPOON, MISS. CLARENCE E. KAY, CLERK.
House of Representatives U. S.,
Committee on Patents,
Washington, D. C.,
May 29, 1912.
Mr. J. L. Davenport,
Commissioner of Pensions,
Washington, D. C.
Dear Mr. Davenport:-
I have a constituent who desires the Pension Record of Thos. Costner. He served in the Revolutionary War and was on the Pension Roll until 1835. If you will furnish me with his record I will appreciate the same very much.
Thanking you, I am
Very truly,

June 9, 1903 - His. C R. E. Castner. Lincoln N.E. 1912 June 1 - Hist. to Hon. Edwin Y. Webb. V.L.M. 1913 Jan'y 9 Hist. to Mrs. E. L. Shuford. V.L.M. 1928 May 1 - Hist. to Mrs. Sterling Snyder. Aug. 1929 Mch. 16 - Hist. to Mrs. Lou Houston. Aug.
Rev WIDOW, &c.
File No. 1885-6
 Cath. Castner Widow of  Thomas Castner Brn. Bur. War
Act: July 7 th 1838
Index: Vol. 14 , Page 130

State of South Carolina } on this 2 nd day of Lincoln County } March 1847
Personally appeared Eli Clamer before me David Brown one of the acting Justices of the peace in and for said county and after being first qualified according to law deposeth and saith that he was called on to make the coffin for Catharine Castner Decd the widow of Thomas Castner Decd This deponent deposeth and saith that he knows that it was in some time in the month of November 1842 the precise day he cannot say positively sworn to and subscribed before me this day and date above written, test David Brown. J.P.
Eli Clamer Eli Clamer
N. Carolina } I David Brown the Magistrate Lincoln County } before whom the above affidavit was made do certify that I am personally acquainted with Eli Clamer and do certify that he is a man of good character and veracity given under my hand and seal this 2 nd day of March 1847
David Brown J.P.

State of North Carolina
Lincoln County I, Robert Williamson, Clerk of the Court of Pleas & Quarter Sessions, for the County of Lincoln, do hereby certify, that David Crouse, Esqr., is a Magistrate as above, and that the foregoing signature, purporting to be his, are genuine.
Given under my hand, and the seal of said Court, at office in Lincolnton, this 2nd day of March A. D. 1847.
Robt Williamson, C.C.C.

State of North Carolina } on the 2 nd day Lincoln County } of March 1843
Personally appeared Mary Mikelwain before me David Brown one of the acting Justices of the peace in and for said county and after being first qualified according to law deposes and saith that Catharine Castner widow of Thomas Castner, died at her house on the 28 th day of November 1842 and that there was not any physician attended to her, and that there has not been a funeral preached sworn to and subscribed before me this day and date above written test Mary Mikelwain mark David Brown J.P.
State of North Carolina } to David Brown the Magistrate Lincoln County } before whom the above affidavit was sworn to certify that I am personally acquainted with Mary Mikelwain and do certify that she is a lady of good character and veracity given under my hand and seal this 2 nd day of March 1843 David Brown J.P.

No. 13180 Catherine Castner died widow of Thomas N.C. at 7 July 1838
Marric 1835 husband died 1835 widow died 28 Nov. 1842
Accts. 4 mo 15 days per $21. 66 per ann from 4 March 1836 to 4 March 1841 - Payable to Thomas Cast. Mrs. Mary McKelvain, Joseph Castner and Frederick Castner only surviving children of Catherine Castner died
Joseph Carroll Shelby N.C.

State of North Carolina.
I, Robert Williamson, Clerk of the Court of Pleas and Quarter Sessions for Lincoln County, in said State, do hereby certify, that diligent search has been made in my office for the Marriage bond of Thomas Costner & wife Catharine, and that said bond could not be found; further, that such bonds furnish the only evidences to be found in our public offices, of Marriages in this State.
Given under my hand, and the seal of said Court, at office in Lincolnton, this 16 th day of November A. D. 1846.
Robert Williamson, Clerk, of Lincoln County Court.

Payment to be made at Fayetteville by John Kunkle Agent for paying pension- ers, in the Agency of N. Carolina
Recorded in the Pension Office, in Book D Vol- ume 1 Page 287 by W. D. Rump Clerk.

WAR DEPARTMENT.
Revolutionary Claim.
I certify that, in conformity with the law of the United States, of the 7 th July, 1838, Catharine Kostner, deceased, late of North Carolina, who was the widow of Thomas Kostner, a private in the Revolution who died in the year 1835, is inscribed on the pension list at the rate of Twenty One dollars and sixty five cents per Annum commencing 4 th March 1836 & ending 4 th March, 1841. The amount due is payable to Thomas, Joseph, and Frederick Kostner, and Mary McElvain, only surviving Children.
Given at the War Office of the United States, this 3 rd day of April one thousand eight hundred and forty-seven.
Secretary of War.
Examined and Countersigned. S
Commissioner of Pensions.

13,180
Dec 30. 46
u Callahan Costner
Aug 7. 1898
Memphis
Washington
28
Hn. J. Graham W.R.

H R Dec 28 th 1846.
J L Edwards Esq. Please examine the enclosed Pension Papers and Report the result to.
James Graham

H
Shelley &c. March 7
March 15. 1847 Selects care Catherine E. Easton Maud
J. S. Edwards Commissioner of Pensions Washington City D.C.

Shelby March the 4 th 1842
Dear Sir I Enclose to you I believe the Evidence in the case of Mrs Catharine Costner Decd that you required by your last letter
Yours Respectfully Joseph Carroll

State of North Carolina, This Day Personally came before me Geo. Blackwood Linn County, & on oath, the justice of the Peace for said County John Franibarger and after being duly sworn, state on oath that he he said Franibarger was in company with Thomas brother to Wilmontown under the command of Col. William Hance for the town of Better than True North and that Thomas brother some time previous to that was attached to the Cherokee Nation after the Indians under the command of Captain Joseph Ward. But the length of time not remembered by the witness But it is supposed to be four months & was written and subscribed before me this 31 Day of October in the year of our Lord 1932 Geo. Blackwood (J.P.) his mark John Franibarger mark

State of Carolina Lincoln County
Witnesseth that the undersigned Clerk of the Court of Pleas & Quarter Sessions in the State & County aforesaid
by these presents that John Blackstock Esq before whom the within affidavit of John Fronkberger was taken and at the date of the same an Acting Justice of the Peace in the said County duly Sworn & Commissioned that his Official attestations are entitled to all due faith & credit at such. In testimony whereof I have set my hand Seal of Office at Lincolnton the 8 th day of May 1832
Walter M c Ree Clerk

Thomas Castner NC. Act 7 June 1832 $20 00 / 100 pr ann
To what time was he last paid ?
Pension office March 30 th 1847 } S
96 A
Paid to 4 th March 1835 B.D.M.

State of South Carolina on this 21 st day of October 1846 Personally appeared before me G. W. McCollister one of the acting Justices of the peace in and for said County. George Pasour and made oath in due form of law and saith that he was well acquainted with Thomas Castner and Katharine Castner in the year 1785 for after having reference to his own family record he himself was married in the year 1785 and at that time Thomas Castner & Katharine was married and always lived together as man and wife till the day of his death and was respectable citizens. Sworn to and subscribed before me this day and date above written.
G. W. McCollister J.P.
George Pasour
State of South Carolina & G. W. McCollister Lincoln County ) the Magistrate before whom the above affidavit was proven do certify that I am personally acquainted with George Pasour and do certify that he is an old gentleman of good character whose veracity cannot be disputed given under my hand and seal this 21 st day of Oct 1846 G. W. McCollister J.P.

State of Lincoln County } I Robert Williamson Clerk of Lincoln County court do certify that J. M. McAllister, whose name appears to the with in affidavit is now, and at the time the with in was signed, one of the acting justices of the peace in and for said County, and the name purporting to be his is genuine and that all his official acts are worthy of credit
In testimony whereof I have hereunto set my hand and affixed the Seal of my office
Robt. Williamson, Clerk. of Lincoln County Court.

These Goshen papers to be certified as amended & Blackwell's Certified

BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of Thomas Costner 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? yes VI. Has he given the names of the officers under whom he served, in conformity with the regulations? no 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? No 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? witnesses 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? the Court has not Has the proper officer certified to the official character and signature of the magistrate as the regulations direct? one witness before a Magistrate — No 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? 5, 7.
 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.
# 3 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.

State of North Carolina } on this 3 rd day of December Cleveland County } 1846 personally appeared before me Joseph Carroll one of the acting Justices of the Peace in and for said County Elizabeth Mauney and after being first sworn according to law deposeth and saith that she seen Thomas Costner and Katharine Costner married in the year 1784 she believes. She further deposeth and saith that she herself was married in the year 1792 for she has her own family Record which shows the same and she further states that Thomas Costner and Katharine Costners was at her own wedding and had at that time with them several Children to wit John Costner Joseph & Mary This deponent further states that they were near neighbors and always lived together as man and wife and was respectable Citizens sworn to and subscribed before me this day and date first above written
Elizabeth Mauney
test Joseph Carroll (JB)
ss to Cleveland County } I Joseph Carroll the magistrate before whom the above affidavit was made do certify that I am personally acquainted with Elizabeth Mauney and do certify that she is an old lady of good character and veracity given under my hand this 3 rd day of December 1846
Joseph Carroll (JB)

State of North Carolina } on this 3 rd day of December Cleveland County } 1846 personally appeared before me Joseph Carroll one of the acting Justices of the Peace in and for said County Elizabeth Mauney and after being first sworn according to law deposeth and saith that she seen Thomas Costner and Katharine Costner married in the year 1784 she believes. She further deposeth and saith that she herself was married in the year 1792 for she has her own family Records which shows the same and she further states that Thomas Costner and Katharine Costners was at her own wedding and had at that time with them several Children to wit John Costner Joseph & Mary This deponent further states that they were near neighbors and always lived together as man and wife and was respectable Citizens sworn to and subscribed before me this day and date first above Written
Elizabeth Mauney
test Joseph Carroll (JB)
S. C. Cleveland County } I Joseph Carroll the magistrate before whom the above affidavit was made do certify that I am personally acquainted with Elizabeth Mauney and do certify that she is an old lady of good character and veracity given under my hand this 3 rd day of December 1846
Joseph Carroll (JB)

Elizabeth Mansory Affidavit

At Cardina  October Session, 1832 Lincoln County Personally appeared William Moore in Open Court & made oath in due form of Law - I am oath Saith that he was a Captain in the Revolutionary war - that Thomas Costner of said County served a tour of three & a half months, under the said William Moore that he was marched to Wilmington in North Carolina the tour ended about the 22 nd of December 1781. William Moore
Sworn to & Subscribed in open Court.
Witness Parry M c Be Clerk of Lincoln County Court
Jacob Plunk likewise came into Court & made oath in due form of Law. I am oath Saith that he was a Soldier, with Thomas Costner . he left home under said William Moore Capt at the same time with Thomas Costner That they left home together - Living in the same neighborhood at the time, that they marched to Wilmington in North Carolina together, & that they were discharged by their same officer about fifteen miles above Wilmington that he thinks the said tour must have been three months, & a half - or thereabouts
Sworn to & Subscribed in Open Court.
Witness Parry M c Be Clerk of Lincoln County Court  Jacob B Plunk his mark

May 27
Mr. Calhoun
McCulloch
Mr. Enfant
no
13016
J. L. Edwards
Esq.
Issue a new certificate
J. L. E.
Commission of Pensions
Washington City
free

Fayetteville 23 May 1835-
Dear Sir
The enclosed is forwarded for the purpose of obtaining a new Pension Certificate. Should a new one be granted please direct it to Andrew Hoyle, Hoyleville, Lincoln County, Mo. Co.
Very respectfully
James Stark

State of North-Carolina, Lincoln County.
ON THIS 17 th day of April 1835 before me, the subscriber, a Justice of the Peace for the said county of Lincoln personally appeared Thomas Costner who on his oath declares that he is the same person who formerly belonged to the company commanded by Captain Hardin D. Moore in the regiment commanded by Colonel _____ in the service of the United States,
that his name was placed on the Pension roll of the State of North Carolina that he received a certificate of that fact under the signature and seal of the Secretary of War; which certificate on or about the 7 th day of March last 1835 at or near  between his residence at Andrew Hoyle was lost by his son Thomas Costner as he is told
Sworn and subscribed to before me this 17 th day of April 1835
Thomas Costner mark
Test. John Blackwood J. P.
State of North-Carolina, Lincoln County.
This may certify that Andrew Hoyle personally appeared before me, the subscriber, a Justice of the Peace of said county, and made oath that he is personally acquainted with Thomas Costner and well knows him to be the same person described in the above affidavit. and further saith on oath
Sworn and subscribed to before me this 6 th day of May 1835 to Andrew Hoyle Esq. which are now lost in order to enable him to acknowledge the power of attorney and that it was the original certificate from the War
I do certify that the above deponent is a person of veracity. Andrew Hoyle  William H. Lawrence D.P.
State of North-Carolina, Lincoln County.
I Abel McBernathy Clerk of the Court of Pleas and Quarter Sessions for the county aforesaid, do hereby certify that Andrew Hoyle, John Blackwood & William H. Lawrence Esq. is an acting Justice of the Peace for this county, and that the above is his proper signature.
Given under my hand and seal of office at Lincolnton this 6 th day of May 1835
Abel McBernathy Clerk of Lincoln County Court

North Carolina, on this 18 th day of Lincoln County April 1835 Thomas Costner June in testimony of law March 20 th before me the Subscri- -ber I certify that the record of Andrew Hoyle two papers said to be his father Thomas Costner Pension Certificate and a Power to draw the Pension at Fayetteville that he was to take the papers to John Black- -woods Esquire & get him to qualify said Thomas Costner & return the Papers to said Hoyle and that on his way home he lost said papers and thinks in crossing a creek which was then very high swam to and Subscribed before me the day above written A. C. Hoyle Jr Thomas Costner

Tho' Costhun Burlon apdacia of a culpable test

State of North Carolina Smith County
County Court of Pleas & Quarter Sessions, April Session, 1833
Andrew Hoyle Esq? One of the Justices of Said Court & John Costner Son of Thomas Costner Maketh Oath in open Court That the Said Thomas Costner who is an applicant for a Pension has been for Many Years under Some derangement of Mind that at times he is Something better & knows & Recollects persons, but at others he does not that he has not been to Church for Many years is the Reason that he is unable to obtain a Clergymans Certificate as to his character. That John Frenchberger whose affidavit was made before John Blackwood Esq Who proves his Military Services is an aged & Palsy'd old man unable to attend Court although not so certified by the Magistrate, These deponents further depose that they do believe that the Evidence already obtained viz that of Col William Moore who was the Captain the applicant served under is the best that can be obtained together with that of John Frenchberger, as the Other Captain Joseph Hardin is long since dead or Such is the General Information

of these deponents, These deponents further State that the applicant when in his proper Mind & Memory was a Man that Reliance could be placed in at the time he made his first declaration at least Atchoke Court he was better in his Mind than he is at this time although he is now in Court, Sworn to in open Court 3 rd day of May 1833 Andrew Hoyle Esq re Justice of the same John Costner W. B. Bee Clerk of said Court
I Andrew Hoyle further depose that it is entirely within my recollection when the said Thomas Costner the applicant returned home from the Cherokee expedition of which he speaks although I was very Young & I have been acquainted with the applicant ever since Sworn to & Subscribed 3 rd day of May 1833 Andrew Hoyle Esq re W. B. Bee Clerk of said Court
We John B. Mary & George Hoke Justices of the Peace & members of the Court in which the foregoing proceedings have been taken certify that Andrew Hoyle Esq re & John Costner who made the foregoing affidavits are credible Men & are intitled to Credit, given under our hands, this 3 rd day of February 1833 John B. Mary G. Hoke J.P. W. B. Bee Clerk of said Court

Ward W m Bee Clerk of the Court of Iredell County North Carolina do hereby Certify that the foregoing contains the Amended & Original proceedings of the said Court in the matter of the application of Thomas Costner for a Pension. In testimony whereof I have hereunto set my hand & Seal of Office at Iredellton this 8 th day of May 1833
Ward W m Bee Clerk