Revolutionary War Pension and Bounty Land Warrant Application File S. 8732, Hardy Howard, N.C.

SERVICE
NUMBER
N. 6
Howard Hardy
S. 8732
carded
CONTENTS

12.211-
North Carolina
Hardy Howard of Edgecombe in the State of N.C. who was a Private in the Com commanded by Captain _____ of the Reg commanded by Col. Hart in the N.C. line for State Troops 5 mos 3 mos of rations
Paid at the Treasury under the Act of the 6 th April 1838 from 4 th Sept 1836 to 16 March 1837, the day of his death. Act Notified 3 rd May 1840
Inscribed on the Roll of N. Carolina at the rate of 29 Dollars 16 Cents per annum, to commence on the 4 th day of March, 1834.
Certificate of Pension issued the 9 day of April 1833 and sent Michael Horan. Tarborough N.C.
Arrears to the 4 th of March 33: $59,32 Semi-ant. allowance ending Sep. 1. 33. 14,83 $74,15
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by E.D. Bullock Clerk, Book E Vol. 6 Page 49

Hardy Howard H
Admit as private for 5 mo. Ref. 16.66 3. - 600 = 12.50 $29.16 from 1780. Col. Hardy H

BRIEF in the case of  Howard Howard  County of  Guilford  in the State of  North Carolina  (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? 72 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.     Sept In 1780 5 Private Gen. Lord Cornwallis - Col. H. Art   date not stated (1000000) 3 " Col. Doherty Col. Glinch  
 5. In what battles was he engaged? None  6. Where did he reside when he entered the service? not stated  7. Is his statement supported by living witnesses, by documentary proof, by traditionary evidence, by incidental evidence, or by the rolls? By living witnesses  8. Are the papers defective as to form or authentication? and if so, in what respect? Correct 
I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
Richard Alouette  Examining Clerk.

TREASURY DEPARTMENT,
Second Comptroller's Office,
Dec. 27 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," Adm or of Hardy Howard, dec d , a Pensioner on the Roll of the North Carolina Agency, at the rate of Twenty nine Dollars and Sixteen Cents per annum, under the law of the 7 th June 1832, has been paid at this Department, from the 4 th of Sept. 1836, to the 10 th March, 1837, the day of his death,
Respectfully, yours,
Wilson B. Parry Comptroller.
To the Commissioner of Pensions,
Present.

3423
Declaration of Hardy Howard for a pension.

State of North Carolina } August Term 1832 Edgecombe County } Court of Pleas & Quarter Sessions.
On this 28 th day of August personally appeared in open Court before the justices of the Court of Pleas & Quarter Sessions now sitting Hardy Howard aged 72 - a native and resident of the County of Edgecombe N o . 6 a who being first duly sworn according to law doth on his oath make the following the following declaration in order to obtain the benefit of the act of June 7 th 1832.
That he entered the service of the United States under the following named officer and served as here-in stated.
He entered the service about Sept r 1750 - was drafted and attached to a company commanded by Capt s James Scudder. Capt s Howard 1 st Lieutenant - This company belonged to the regiment of Col. Henry Mart. assisted by Lieut Col. Branch of Halifax. The company having been formed in Tarboro' marched to a point near Raleigh where the regiments were organized - He went to Hillsboro' from thence then Charlotte and on to S t Carolina and was stationed at New Providence - Having remained there until the beginning of the next year he returned with the company and was discharged about the middle of January - This embraced a period of five months.
After remaining at home six or eight months he volunteered and was attached to a company commanded by Capt s DeKine - This was a Cavalry Company.

Col. Glick had supervisory command of said company.
He was employed in various parts of North Carolina. Searching for Tories and outlaws and after having been thus engaged for three months he was discharged.
The facts set forth in the first clause of this declaration he proves by the oath of Micajah Pettway. For the second he has no other evidence than his own declaration. He hereby relinquishes all claim whatever to a pension or annuity except the present and declares that his name is not on the pension roll of any agency of any state.
Hardy Howard
Sworn to and subscribed.
I Micajah Pettway do hereby certify that I was with Hardy Howard in the service of the United States and believe the facts stated by him to be substantially correct.
Micajah Pettway
Sworn to and subscribed.

And the said Court do hereby certify 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 soldier of the Revolution and served as he states - and the Court doth further certify that Micajah Peters is a credible person and his testimony entitled to full credit. G. Wright Chr. p't
I Michael Hearn Clerk of said Court do hereby certify that the foregoing contains the original proceedings of the Court in the matter of the application of Henry Howard for a pension.
In testimony whereof I hereunto set my hand and seal of office this 28 th day of August 1832
Michl Hearn Clerk

Revman
8732
INVALID.
File No. 8732
Hardy Howard
Priv Rev War
Act: June 7 th 1832
Index:—Vol. 1st , Page 178
[Arrangement of 1870.]

Hardy Howard

BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of Henry Howard  to a case in 66 N. Carolina 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

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?
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? yes
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? yes
Has the proper officer certified to the official character and signature of the magistrate as the regulations direct? 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? 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?
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.