Revolutionary War Pension and Bounty Land Warrant Application File S. 3136, Joseph Cathcart, S.C.

SERVICE
NUMBER
S 6
batheart, Joseph
S 3136
CONTENTS
barred

19058 East Tennessee
Joseph Cathcart of Monroe in the State of Tennessee who was a private in the Company commanded by Captain Francis of the regiment commanded by Col. Wm. in the Carolina line for 1 year
Inscribed on the Roll of East Tennessee at the rate of 40 Dollars — Cents per annum. to commence on the 4th day of March, 1831.
Certificate of Pension issued the 2 day of Aug and Sent to S A Coffin Madisonville
Arrears to the 4th of March 80 00 Semi-ant. allowance ending 4 Sep 1 20 00 $100 00
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by Dan Boyd Clerk, Book 8 Vol. 7 Page 39
Head Letter to Thomas Green Esq Auditor, 14 Nov. 1846

13.548.
Joseph Cathcart
Direct the certificate to J. A. Coffin Madisonville Ky. June

Pension Declaration.
State of Pennsylvania, On this 20 day of September 1832 personally Monroe County, ss appeared in open Court, before the Justices of the Court of Pleas and Quarters Superior, now sitting Joseph Cath- cart a resident of the said county and State aged 85 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. 1832.
That he was born in Ireland, and came to the U.S. and settled in York County Penn a in 1773, in 1778 he moved to Fairfield Co. O a where he shortly after joined the Militia in Capt. John Finney's Company, Col. Jas. Williams Regiment, under Genl. Sumpter. The first service he did was, that he was marched in said Finney's company to near Caldwell, where Tories and British were collected, and had an engagement with them and took them, (which was about 20 miles below York C. House) He went on with the prisoners as far as Hillsboro' works when he returned home with the company, still however in service, and daily on the watch, for the country was full of British or Tories, there being but three Whigs in the neighborhood in whom he could confide. A few days after he reached home a company of Tories under command of Capt. Rogers took him to Camden about 40 miles, charging him with being a rebel spy. When he was taken to Camden there was one Capt. Smith (a tory, but a neighbor of ap- plicant) who took his part and had his trial bot on one day when the witnesses were absent, which saved his life. While he was confined in Camden Genl. Sumpter (having learned of his confinement by one James Boyd) said he would give two men in exchange for him. For the charge of spying could have been sustained, as Genl. Sumpter had himself appointed applicant as a spy, his position being favor-

able for the purpose, and whigs being scarce in that quarter. He acted as a spy till the end of the war, nearly two years and lost all his property, being considerable, with the exception of two cows which were in the wood. He was engaged in various services and skirmishes of which he cannot now give a minute account, as it is long since they occurred, and his memory has failed in a great degree. He was when on the watch and immediately returns the adverse parties, again taken prisoner by the Tories but a liberty party rescued him a few days afterwards. In the summer, not long before the surrender of Cornwallis, he went out for the last time, in the same company he had been in uniformly before (Capt. Durney) and was at a battle at the taking of a fort on the Congaree. He can sometimes remember the name of the fort, but cannot now. The British and Tories stacked their arms and surrendered. They marched the prisoners off he forgets where, and this applicant cannot at this time tell how often he went out or how long at each time, but he considered himself in active and dangerous service, and indeed in constant service for one year; and if the time he acted as spy under Genl. Campbell's command be taken into account, which was highly dangerous and difficult, he was in service more than two years. —
He has no documentary evidence and there is no person by whom he can prove any service by him rendered so far as he knows. He hereby relinquishes any 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 estate. There is no clergyman living in his neighborhood, whom the foregoing procures sworn to and subscribed, a justice of the peace in his stead.
The day and year aforesaid
Joseph Cabot
Wm. Callanay Clerk
The William Upton a justice of the peace & William Montgomery a Citizen of Monroe County, Pensions. and hereby certify that we are well acquainted with Joseph Cabot who has subscribed and sworn to the above declaration, that we believe him to be 80 years of age; that he is respected and beloved in the neighborhood where he resides, to have been a soldier of the revolution, and that we concur in that opinion.
William Upton
Sworn to and subscribed, the day and year aforesaid
Wm. Montgomery
Wm. Callanay Clerk
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 such as he states. And the Court further certifies that, that it appears to them that William Upton who has signed the preceding certificate is a justice of the peace for Monroe County aforesaid and that William Montgomery a Citizen of said County who has also signed the same is a resident of said County and is a credible person and that their statement is entitled to Credit
Thos. A. D. Merrill Wm. Sayre John Morrill

I William P. Beallaway Clerk of the County Court of Monroe County do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Joseph Leathcart for a pension
In testimony whereof I have hereunto set my hand and private seal having no seal of office, in Madisonville September the 20 th 1832
Wm P Beallaway Clerk
I H. L. White Senator in Congress, certify that I only believe the above to be the genuine signature of Wm S. Beallaway, who was at the above date Clerk of the said Court.
Wm S. Beallaway
June 8 th 1833
Joseph Leathcart 13.548 June 20 th 1832 James A. Coffin Madisonville Monroe County Pa.

State of Tennessee } Personally appeared before the subscriber a jus- Monroe County } tice of the peace for said County of Monroe Joseph Catheart, who being duly sworn deposeth and saith, that he is the identical individual who made the declaration here- unto attached, before the Court of Pleas & Quarter Sessions, on the 20th day of September 1832, to which he now makes the following amended declaration;
That he was born in Ireland, in as he believes, the month of May A. D. 1748. He has no record of his age. When he was called into service he resided in Fairfield District S c Carolina, and volunteered each time. He never received, nor applied for any discharge - He states that the following persons are, at present his neighbors, and can testify as to his integrity, and their belief in his services as a soldier of the revolution viz - Michael Starr, Alexander Mullins, Aaron Dean, & Miriam Defize -
The period applicant lived in the war was the three last years of the Revolution. He was more than two years in service, and was in the last battle fought in the south - at the taking of the fort on the Congaree River. - He resided in South Carolina ever since the Revolution, until A. D. 1814, when he moved into Knox County Tenn, where he lived till 9 years ago, when he moved into said Monroe County, where he now resides. -
Sworn to and subscribed } Joseph Catheart before me this 16th May 1833. }
William James Justice of the peace

I, W. S. Callaway Clerk of the Court of Pleas & Quarter Sessions, for Monroe County, in the State of Tennessee, do certify that William James before whom the foregoing amended declaration was made, was at the date of the same an acting justice of the peace in and for said County of Monroe, and that his name as subscribed to the same is his genuine signature.
Given under my hand, and private seal, (having none official) at Affin, in Madisonville, June 7th - 1833 -
W. S. Callaway Clerk
I, H. L. White U.S. Senator, certify that I truly believe the above to be the genuine signature of W. S. Callaway who was, at the date above, Clerk of the said Court.
H. L. White June 8 th 1833.

No 13548
Joseph Gatheart
From 1778 prints 1 yea. $40.
From 1778 prints 1770, 16, 17 $40
J. A. Goffin
Madisonville
E. Len.

BRIEF in the case of Joseph Gatheart of the county of Monroe in the State of Tenn.
(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 years  4. State his service, as directed in the form annexed. 
   Period. Duration of Service. Rank. As a Names of General and Field Officers under whom he served. Gen.   Years, Months, Days,     In 1778 at various times. } 1 — — Private Col. M c Winn, Capt. Frances  
 5. In what battles was he engaged? on the Longans  6. Where did he reside when he entered the service? Faifield S.C.  7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls? tradition  8. Are the papers defective as to form or authentication? and if so, in what respect? Regular 
I certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
Levin Belt Examining Clerk.

Reuben
3136 INVALID.
File No. 3136
Joseph Cathcart Port S.O. Union
Act: June 7 th 32
Index:—Vol. A , Page 57
[Arrangement of 1870.]

N o 13.548
Joseph Cathcart
J. A. Coffin Esq. Madisonville Eden

BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of Joseph Cathcart 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? 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  NO

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'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 No
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.