Revolutionary War Pension and Bounty Land Warrant Application File S. 16851, John Harvey, N.C.

SERVICE
NUMBER
16.
Harvey, John
S. 16851
Born in Va.
buried
CONTENTS

6436 Kabama
John Harvey.
of Lawrence in the State of Ala. who was a Pri. in the Confed. command by Captain Postell of the — command by — in the Ala. line for 8 months —
Inscribed on the Roll of Kabama. at the rate of 26 - Dollars 66 Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 1 st day of March 1833 and - Hon: C.C. Clay. H.R.
Arrears to the 4th of Sept 1832 89.99 Semi-ant. allowance ending 4 months 33 13.32 103.31
{ Revolutionary Claim, Act June 7, 1832. }
Recorded by Nathan Rice Clerk Book (D) Vol. 10 Page 201
26 April 1834 - dup: certificate to Hon: C.C. Clay H.R. in the Paid at the Treasury under the Act of the 1 st April 1838 from 4 March 1833 to 4 March 1838 Age notified 29. April 1839 57

State of Alabama  this 25 th day of  Lawrence County  personally appeared in open court before John White Esq. Judge of the circuit court for S d coun- ty now sitting, John Harvey a resident of Lawrence county & state of Alabama aged 73 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 con- =grip paper June 7 th 1832 -  intire the services of the United States under the following nam- =ed officers, and served as herein stated. - that he entered the service as a volunteer in Rowan County North Carolina under Capt. Jacob Eckle in the year 76. on the last of June or first of July; and marched under Genl. Rutherford in an expedition agai- =nst the Cherokee Indians - In this expedition while marching in the advance guard we were fired upon by the Indians & William Alexander one of the spies was wounded in the ankle - I state this circumstance because I have been informed that he has since drew a pension in Tennessee from the war department in consequence of S d wound - When we returned from the nation we were dismissed on the first of October 1776 without any written discharges - In the year 1788 I was drafted in the militia in the county of Surry, North Carolina on a five months tour, and marched under Capt. Bostick - We rendezvous at Salisbury North Carolina under Genl. Rutherford, and joined Genl. Gats near Bridgetown mills, 12 miles from Camden So. Carolina - This I think was about the 12 th Aug t 1780.

The next day I was detached with about 40  men to join force Genl. Sumpter of S.C. Carolina — after two days march we joined Genl. Sumpter on I think Watrous River — on the next being the 16 th Gats was defeated — Charlton pursued after Sumpter — on Friday 18 th he over took and defeated us near a place called called Rocky mount — where I was taken prisoner — While the British men marching the prisoners to Camden I made my escape from them and returned home to Surry county N. Carolina In the spring of 1781, there was a call for every 40 men to furnish one for 12 months — I substituted for one of this class — when Mr. Govely, was hired to take my place, who was accordingly mustered into service at Surry Co. House N. Carolina — I was then called on to more — That he has no documentary evidence, and that he knows of no person who can testify to his services except William Hughes — I hereby relinquish every claim whatever to a pension or annuity except the present, and declare my name is not on the pension roll of the agency of any State whatever Interrogatories of the Court 1 st Where & in what year were you born? — Ans. I was born in Orange County Virginia in the year 1758 — on the 7 th Decr. — 3 rd Have you any record of your age & if so where is it? — Ans. none only as I have heard my parents say — 3 rd Where were you living when called into service, where have lived since the Revo- lutionary war, and when do you now live. Ans. When I volunteered I lived in Rowan County N. Carolina, when drafted I lived in Surry County where I continued until 1788. I then moved to the State of Tennessee, Davidson, Wharton to Smith County — and lived there until 1824 I then moved to this Lawrence County Alabama, where I now live — How were you called into service, were you drafted, did you volunteer, or were you a substitute? Ans. All this is stated in my declaration. State the names of some of the Genl. Officers The troops where you served, such continental and militia regi- ments as you can recollect. Ans. All that I can recollect on this subject I have stated in my declaration —

Did you ever receive a discharge from the service? Ans. No. State the names of persons to whom you are known in your present neighborhood and who can testify as to character for veracity, and good behaviour, your services as a soldier of the revolution - Ans. William Hughes who is some knowing to my services - John T. Johnson and many others - Sworn to & subscribed the day & year above
John Harvey
The State of Alabama } This day personally appeared before me Lawrence County } James Wallis an acting justice of the peace in & for said County. William Hughes and after being duly sworn, says that he has been acquainted with the above named John Harvey (applicant) since before the first term of service mentioned in the declaration and that he believes what is contained in the declaration to be correct having knowledge as to the two terms of service of three & five months named, though he himself did not serve with him during the time known to respondent before me.
Sept. 22 nd 1832 James Wallis J.P. Wm. Hughes
Samuel Williams a clergyman residing in the county of Lawrence & State of Alabama and Cason P. Read residing in the same do hereby certify that we are well acquainted with John Harvey who has subscribed and sworn to the above declaration that we believe him to be 73 years of age, that he is respected and believed in the neighborhood where he resides to have been a soldier of the revolution & that we concur in that opinion - Sworn to and subscribed before me -
This 22 nd September 1832 James Wallis J.P.
Samuel Williams Cason P. Read
And the 3 d court do hereby declare his opinion after the investigation of the matter and after putting the interrogatories prescribed by the war office, that the above named applicant was a revolutionary soldier and served as he states; and the court further certifies that it appears to him that Samuel Williams also has signed the preceding

certificate, is a clergyman residing in the county and state aforesaid and that Carson P. Read who has also signed the same, is a resident of said county and state and is a creditable person and that their statement is entitled to credit.
John White
I John Gallagher clerk of the Circuit Court of said county do hereby certify that the foregoing contains the original proceedings in the matter of the application of John Harvey for a pension. In testimony whereof I have hereunto set my hand & set of office this 26th day of September 1832 John Gallagher
Rev. John Harvey
Lawrence Cty. Ala
C. C. Clay

John Harvey
Admtd for 8 mo. from 1776 private Capt. Echee 26.06 Lieut. Rutherford
Hon d C. C. Clay

BRIEF in the case of  John Harvey  County of Laurens in the State of Alabama  (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? 73 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.     July 1 st In 17 76 " 3 " Private Gen. 3 Capt J. Ecker N.C.   80 Service not defined " " " Capt Bostick  
 5. In what battles was he engaged? None named  6. Where did he reside when he entered the service? Rowan County 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 and Living Witness  8. Are the papers defective as to form or authentication? and if so, in what respect? Defective in form and Authentication 
I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
Wm Gordon Examining Clerk.

TREASURY DEPARTMENT.
Second Comptroller's Office,
April 16 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., 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, 1837, to the 4 th March, 1838.
Respectfully, yours,
William E. Parris Comptroller.
To the Commissioner of Pensions, Present.

James L. Edward Esq. Pension Office War Dept. Washington

Washington City - Jan'y. 4. 1833.
James L. Edwards Esq.
Sir,
Enclosed you have the declaration &c. of John Harvey of Laurens County, Ala. - which is submitted for your reexamination &c.
Very respectfully, your obt. servt
C. C. Clay.

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? 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? 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?
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? No
Has the official character and signature of the magistrate been certified by the proper officer under his seal of office?
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
XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered? They are all 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.

16851 INVALID.
am
File No. 16851
John Alvarez Pris. Rev. War
Act: June 7 th 89
Index:—Vol. 1 , Page 165
[Arrangement of 1870.]

John Harvey
Application for Duplicate Pension Cert.
Hon. C. C. Clay

State of Alabama } Laurens County ss } I John Gregg clerk of the County Court of Laurens County aforesaid do hereby certify that Wiley Connor whose name is subscribed to the foregoing af- fidavits and to the annexed certifi- cate is and was at the time of signing the same a justice of the peace for the said County of Laurens duly commissioned and sworn according to law as appears from the records in my office and that full faith and credit are due to his official acts. In witness whereof I have set my hand and affixed my seal of office at office this 4th day of April 1834. John Gregg clerk of the City Court of Savannah
Laurens County ss. I James B. Murray...

Application for a New Certificate
County of Lawrence Is
On this the 8 th day of April 1834 before me the undersigned a justice of the peace for said County of Lawrence State of Alabama personally appeared John Harvey who on his oath declares that he is the same person who formerly belonged to the Companies commanded by Capt Jacob Echol and Wm Bostick commanded in both instances by Genl Griffith Rutherford of Rowan County who commanded the detachments of Militia in the service of the United States that his name was placed on the pension Roll of the State of Alabama that he received a certificate of that fact under the signature and seal of the Secretary of war which Certificate some time in the month of June last was inclosed in a letter directed to John Elliott Esq of Mobile with a power of Attorney giving him to collect the money for his services - and this official is informed and believes that the for letter containing said Certificate was lost or destroyed as the said John Elliott never having ever received it as this and believes John Harvey

affidavits is affirmed and believed Given to and subscribed before me On the day and year aforesaid
Willie Barron J. P.
County of Laurens ss
On this the 8 th day of April 1834 before me the Subscribed a justice of the peace for the County aforesaid in the State of Alabama personally appeared John Stern who on his oath declares that he sees knows the said John Stern who has deposed in the preceding affidavit to the the same person of that name who was placed on the previous Roll of the State of Alabama having made his declaration in said County of Laurens. This deponent further declares that as the friend of the said John Stern he wrote a few lines of also authorizing John Elliott Esq r of Mobile to receive the money due the said John Stern for his pension which together with the Certificate of the Secretary at War was enclosed to the said John Elliott at Mobile. That he has since made repeated inquiries of the said Elliott who assures him that no such papers ever came

his hands and from the high character of Mr Elliott who is an officer of the United States in the Conference of the Executive. This appears to be a fact and that the Certified Copies with the power of Attorney are lost or more probably destroyed either by fire or casualty.
Given to and subscribed before me the day and year aforesaid
J. B. Morrill
Willie Connor J.P.
Lauderdale County Miss.
On this the 1 st day of April 1834 before me the subscriber a justice of the peace for the County aforesaid personally appeared John Glass who on his oath declared that he well knows the aforesaid John Harvey who has confessed in the proceeding affidavit that the same person of that name who has been in the pension rolls of the State of Ala has since the death of his wife been residing in the County of Lauderdale Miss.

knows that he was present with him in a letter to John Elliott of Mobile together with a form of letter authorizing him to collect the money sworn to and subscribed to before me the day of year aforesaid -
John Glasp
Willie Connor J.P.
Linnun County St.
I Willie Connor a justice of the peace for the County aforesaid do hereby certify that I am personally acquainted with John Henry John. Ormond and John Glasp and that they are all gentlemen of character and veracity Given under my hand this 1 st April 1834
Willie Connor J.P.