Revolutionary War Pension and Bounty Land Warrant Application File S. 10830, John Harvey, N.C.

SERVICE
NUMBER
Nb
Harvey John
S. 10830
Row in N.C.
bearded
CONTENTS

Alabama 19.994
John Harvey of Clarke Co in the State of Alabama who was a Private in the Co — command of Captain Williams of the Rgt command by Col. Bugan. in the S. Carolina line for Genl.
6 cavalry 25. 3 infantry 10 $35.
Inscribed on the Roll of Alabama at the rate of 35 Dollars 00 Cents per annum to commence on the 4th day of March, 1831.
Certificate of Pension issued the 7 th day of Oct. 1833 and sent to G.W. Creagh. Supervisor. Ala
Arrears to the 4th of Sept 1833 87.50 Semi-ant. allowance ending 4 Jan 34 17.50
$105 —
Revolutionary Claim, Act June 7, 1832.
Recorded by W. H. Calner Clerk Book 8 Vol. 8 Page 46
Paid at the Treasury under the Act of the 16 th April 1833 from 4 th March 1838 to 4 th Sept 1838. — Age notified 19 th July 1839

State of Alabama 3 on the the first day of July Clark County 3 Righteous David Atkinson then personally appeared in open court before the honorable Samuel Witherspoon Judge of the orphan's court of Clark county and also judge of the court of common pleas. and was sitting as judge of the orphan's court John Henry Resident of said state & county aged twenty two years who being 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 the seventh day of June 1832 That he entered the service of Congress and served under the following named officers and served as herein stated.
That the first service was in the militia of North Carolina Captain Gibson was a here man in the year 1778 the service commenced the last of November 1778 and ended some time in the month of July 1779. The commanding Colonel was Little. I volunteered in Randolph County North Carolina, and then went in to Chatham in the same state to the brook that was commanded by Little, from the brook in Chatham, we marched to Cumberland County to the town of Hightstown and from there to Quaker Hill Creek House, and returned from there to the brook where we were discharged, in this term of service we served three months.
The second term of service was under Captain William Gray in the militia of Randolph County North Carolina and was under call calling in the year 1780 the service commenced in the month of June 1780. and was employed in the time of opposing the invasion of the Army under Lord Cornwallis we moved through the town, Chatham, Cumberland, and was discharged at Old Bell's Creek in the month of July 1780. making a term of three months.
The third term of service was under Captain David Atkinson of the militia service of North Carolina who was commissioned by Col. Abram Buford. This service commenced in July 1780. and was now employed the militia in the service was discharged by Col. John Dugay after the service had been under Colonel Buford in this service as herein stated.
Shortly afterwards my claim was allowed to a pension or annuity except the present and making that my name is not in the pension list of the agency of my state - then was in about year 1800 - 1801
State of North Carolina Randolph County 6 July 1765. Dear my Cousin of your age and life when is it
When were you living when called into service when have you lived since the Revolution, and when are you now living I was living in Randolph County North Carolina and moved in the year 1825. Thence came to Clarke County Alabama in 1826 and have been since in said county ever since and is now living in said County.

Then when you called into service, when you accepted and you voluntarily or when you a substitute and of a substitute for whom,
I voluntarily when was there was a necessity - Then you were given a discharge from the service after which when was it given and which has been of it - I was discharged first of all little by little by not calling them by but I was ordered the while of the discharge on my head or legs - so that I cannot find them. There is no one living now who knew me in the service now can I find any one in such to prove the fact I am known to John Sparks, Christopher Pritchett who resides in the same neighborhood with me soon to be also known before me - this day and date first written.
John Harvey
W. Christopher Pritchett a clergyman residing in the state and county of Clarke and John Sparks
Some state about twenty years ago that we are well acquainted with John Harvey who has subscribed the foregoing and given to the above declaration, that he believes him to be the same person that he is reported and believed in the neighborhood when he believes to have been a soldier of the Revolution, and that he believes in that opinion soon to be subscribed the date of first written -
C. Pritchett clergyman John Sparks
I said back in my own time this opinion after the investigation of the matter and after putting the interrogatories prescribed by the war department such that the above named applicant was a Revolutionary soldier and served as he stated. From the court for the certifying that it appears to them that Christopher Pritchett who has signed the foregoing certificate is a clergyman residing in the county of Clarke and that John Sparks who has signed the same is a resident in the county of Clarke and an honorable person and that this statement is intended to certify
Samuel Witherspoon Judge 6.6.6

I Terrill Powers Clerk of the county Court of Black Hawk as hereby certify that the foregoing contains the original proceedings in the matter of the application of Sister Henry Wilkerson for a pension - and that Samuel Wilkerson who signs the foregoing is judge of said Court as stated. In testimony whereof I have hereunto set my hand and seal of office this my own date first written
Terrill Powers Clerk

19994
19618
John Harvey
Return 4
Adm 9. Months - 6 Mo Car.
 25 00  10.00  35.00 
G. W. Cragg
Suggsville
Terrole Pown
Clerk
Clarksville
Clarke County
Ala

BRIEF in the case of  John Herney  County of Clarke  in the State of  Alabama  (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge? In open Court  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?  3. How old is he? Seventy one 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.     Volunteered In 17 3 horseman Gen. Col. Little Col. Gibson   No dates 3 horseman Col. Callins   given 3 horseman Col. William Gray Col. Emory Williams Col. James Dugan  
 5. In what battles was he engaged?  6. Where did he reside when he entered the service? Randolph Co. N. Carolina  7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls? Traditional evidence  8. Are the papers defective as to form or authentication? and if so, in what respect? Correct 
X Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
John L. Watson Examining Clerk.
Feb 25 —

Rev. Wm
10.830 ✓ INVALID. am
File No. 10,830
John Harvey Phil. Rev. Wm Harvey.
Act: June 7 th 1832.
Index:—Vol. A , Page 170
[Arrangement of 1870.]

19618
John Harvey

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 Harvey — 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? 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

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? no
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.

TREASURY DEPARTMENT,
Second Comptroller's Office,
July 12 th , 1839.
Sir:
Under the act of the 6th of April, 1838, entitled "An act directing the transfer of money remaining unclaimed by certain Pensioners, and authorizing the payment of the same at the Treasury of the United States," John Harvey, _____ a Pensioner on the Roll of the Huntsville, Ala a Agency, at the rate of Twenty Six Dollars and sixty six Cents per annum, under the law of the 7 th June, 1832, has been paid at this Department, from the 4 th of March, 1838, to the 4 th Sept., 1838.
Respectfully, yours,
Widow N. P. Comptroller.
To the Commissioner of Pensions,
Present.